NY State Senate Bill 2019-S5405

Senate Bill S5405

2019-2020 Legislative Session

Relates to requiring that state and federal background checks be conducted on applicants applying for for-hire vehicle licenses

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2019	recommit, enacting clause stricken
Apr 30, 2019	referred to transportation

2019-S5405 (ACTIVE) - Details

See other versions of this Bill:: S6190 ,; A3286 ,
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 17-D §499-m, V & T L; amd §19-504, NYC Ad Cd

2019-S5405 (ACTIVE) - Summary

Requires that prior to the issuance of taxicab, limousine, commuter van, paratransit or for-hire vehicle licenses, the applicant shall be fingerprinted by the authority authorized to issue such licenses for the purpose of securing criminal history records from both the state division of criminal justice services and the federal bureau of investigation.

2019-S5405 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5405

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the vehicle and traffic law and the
administrative code of the city of New York, in relation to requiring
background checks for for-hire vehicle licenses

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill ensures the safety of all New Yorkers by requiring a thorough
state and federal background check for all operators of for-hire vehi-
cles.

 
SUMMARY OF SPECIFIC PROVISIONS:

The vehicle and traffic law is amended by adding a new article 17-C
which would require prior to the issuance of a taxicab, limousine,
commuter van, paratransit or for-hire vehicle license, the applicant for
such license be fingerprinted by the licensing authority authorized to
issue such license for the purpose of securing criminal history records
from both the state division of criminal justice services and the feder-

al bureau of investigation.

Subdivision 1 of section 19-504 of the administrative code of the city
of New York, as added by local law number 115 of the city of New York
for the year 1993, is amended and a new subdivision q is added to
require fingerprinting by the licensing authority to secure criminal
history records by both the state division of criminal justice services
and the federal bureau of investigation.

 
JUSTIFICATION:

Since the tragic events of September 11th the security of our citizens,
financial institutions and landmarks have gained increased importance.
With the threat of terrorism becoming a regular occurrence measures must
be taken to ensure that proper precautions are taken to guarantee the
utmost safety of all New Yorkers. With relatively easy access to most
buildings, limousines and other forms of for-hire vehicles have become
an increasingly popular weapon for terrorists. The size of the vehicles
combined with their accessibility to targets make them perfect for car
bombings by terrorist and extremist groups.

Currently operators of these vehicles are subject only to state criminal
background checks leaving out any offenses perpetrated outside of New
York or the United States. During this time of heightened threat to the
safety of our nation, security loopholes such as this must be closed.

 
PRIOR LEGISLATIVE HISTORY:

2004: A11838 Referred to Transportation
2005/06: Referred to Transportation
2007/08: A689 Referred to Transportation
2009/10: A6395 Referred to Transportation
2011/12: A1147 Held in Transportation
2013/14: A2879 Referred to Transportation
2015/16: A8418 Referred to Transportation
2017/18: A3425 Referred to Transportation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law

2019-S5405 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5405
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 30, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law and the administrative  code
   of  the  city  of New York, in relation to requiring background checks
   for for-hire vehicle licenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 article 17-D to read as follows:
                                ARTICLE 17-D
              BACKGROUND CHECK FOR FOR-HIRE VEHICLE LICENSES
 SECTION 499-M. BACKGROUND CHECK FOR FOR-HIRE VEHICLE LICENSES.
   § 499-M. BACKGROUND CHECK FOR FOR-HIRE VEHICLE LICENSES. PRIOR TO  THE
 ISSUANCE  OF A TAXICAB, LIMOUSINE, COMMUTER VAN, PARATRANSIT OR FOR-HIRE
 VEHICLE LICENSE, THE APPLICANT FOR SUCH LICENSE SHALL  BE  FINGERPRINTED
 BY  THE  LICENSING  AUTHORITY  AUTHORIZED  TO ISSUE SUCH LICENSE FOR THE
 PURPOSE OF SECURING CRIMINAL HISTORY RECORDS FROM BOTH THE  STATE  DIVI-
 SION  OF  CRIMINAL  JUSTICE  SERVICES AND THE FEDERAL BUREAU OF INVESTI-
 GATION.  THE APPLICANT SHALL PAY ANY  PROCESSING  FEE  REQUIRED  BY  THE
 STATE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF
 INVESTIGATION. FINGERPRINTS SHALL BE TAKEN OF THE  INDIVIDUAL  OWNER  IF
 THE  APPLICANT  IS  A  SOLE  PROPRIETORSHIP; THE GENERAL PARTNERS IF THE
 APPLICANT IS A PARTNERSHIP; THE OFFICERS, PRINCIPALS,  AND  STOCKHOLDERS
 OWNING MORE THAN TEN PERCENT OF THE OUTSTANDING STOCK OF THE CORPORATION
 IF THE APPLICANT IS A CORPORATION.
   § 2. Subdivision l of section 19-504 of the administrative code of the
 city  of  New  York, as added by local law number 115 of the city of New
 York for the year 1993, is amended and a new subdivision s is  added  to
 read as follows:
   l.  Prior  to  the  issuance  of a commuter van license, the applicant
 shall be fingerprinted for the  purpose  of  securing  criminal  history
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07298-01-9

 S. 5405                             2
 
 records  from  BOTH  the state division of criminal justice services AND
 THE FEDERAL BUREAU OF INVESTIGATION.  The applicant shall pay any  proc-
 essing  fee  required by the state division of criminal justice services
 AND THE FEDERAL BUREAU OF INVESTIGATION.  Fingerprints shall be taken of
 the  individual  owner  if  the  applicant is a sole proprietorship; the
 general partners if the applicant is a partnership; the officers,  prin-
 cipals, and stockholders owning more than ten percent of the outstanding
 stock of the corporation if the applicant is a corporation.
   S.  PRIOR TO THE ISSUANCE OF A TAXICAB, LIMOUSINE, PARATRANSIT OR FOR-
 HIRE VEHICLE LICENSE, THE  APPLICANT  SHALL  BE  FINGERPRINTED  FOR  THE
 PURPOSE  OF  SECURING CRIMINAL HISTORY RECORDS FROM BOTH THE STATE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES AND THE  FEDERAL  BUREAU  OF  INVESTI-
 GATION. THE APPLICANT SHALL PAY ANY PROCESSING FEE REQUIRED BY THE STATE
 DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTI-
 GATION.  FINGERPRINTS  SHALL  BE  TAKEN  OF  THE INDIVIDUAL OWNER IF THE
 APPLICANT IS A SOLE PROPRIETORSHIP; THE GENERAL PARTNERS IF  THE  APPLI-
 CANT IS A PARTNERSHIP; THE OFFICERS, PRINCIPALS, AND STOCKHOLDERS OWNING
 MORE THAN TEN PERCENT OF THE OUTSTANDING STOCK OF THE CORPORATION IF THE
 APPLICANT IS A CORPORATION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.