Senate Bill S4039

2023-2024 Legislative Session

Relates to requiring fingerprinting as part of the criminal background check for a TNC driver

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee


  • 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

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2023-S4039 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1699, V & T L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7909
2021-2022: S236

2023-S4039 (ACTIVE) - Summary

Relates to requiring fingerprinting as part of the criminal background check for a TNC driver to secure criminal history records from both the state division of criminal justice services and the federal bureau of investigation.

2023-S4039 (ACTIVE) - Sponsor Memo

2023-S4039 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4039
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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, in  relation  to  requiring
   fingerprinting  as  part  of  the  criminal background check for a TNC
   driver

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 and paragraph (a) of subdivision 2 of section
 1699  of  the vehicle and traffic law, as added by section 2 of part AAA
 of chapter 59 of the laws of 2017, are amended to read as follows:
   1. A TNC shall conduct, or have a  third  party  conduct,  a  criminal
 history  background  check using a lawful method approved by the depart-
 ment pursuant to paragraph (a) of subdivision two of  this  section  for
 persons  applying to drive for such company, PROVIDED THAT SUCH CRIMINAL
 HISTORY BACKGROUND CHECK SHALL INCLUDE WITHOUT LIMITATION,  FINGERPRINT-
 ING  FOR  THE PURPOSE OF SECURING CRIMINAL HISTORY RECORDS FROM BOTH THE
 STATE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE  FEDERAL  BUREAU  OF
 INVESTIGATION.
   (a)  The  method  used  to conduct a criminal history background check
 pursuant to subdivision one of this  section  shall  be  established  in
 regulations  adopted  by the department within thirty days of the effec-
 tive date of [this subdivision] THE CHAPTER OF THE LAWS OF TWO  THOUSAND
 TWENTY-THREE  THAT AMENDED THIS PARAGRAPH TAKES EFFECT. To ensure safety
 of the passengers and the public such regulations  shall  establish  the
 method  used  to  conduct  such  background checks and any processes and
 operations necessary to complete such checks, INCLUDING WITHOUT  LIMITA-
 TION,  CRIMINAL HISTORY BACKGROUND CHECKS THAT CONSIST OF FINGERPRINTING
 AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION. The review of  criminal
 history information and determinations about whether or not an applicant
 is issued a TNC driver permit shall be controlled by paragraphs (b), (c)
 and (d) of this subdivision.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08377-01-3
              

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