NY State Senate Bill 2023-S6488

Senate Bill S6488

2023-2024 Legislative Session

Requires the deactivation of transportation network company drivers upon a substantiated report of a covered incident

download bill text pdf

Current 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	recommit, enacting clause stricken
Jan 03, 2024	referred to transportation
May 02, 2023	reported and committed to codes
Apr 24, 2023	referred to transportation

Votes

- May 2, 2023 - Transportation Committee Vote
  S6488
  
  12
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 2, 2023
      
      aye (12)
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Kennedy
      
      Liu
      
      Mattera
      
      Oberacker
      
      Persaud
      
      Ramos
      
      aye wr (1)
      
      Gonzalez

co-Sponsors

2023-S6488 (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1699, add §1229-e, V & T L; add §§190.28 & 190.29, Pen L
Versions Introduced in 2021-2022 Legislative Session:: S9435

2023-S6488 (ACTIVE) - Summary

Requires the deactivation of transportation network company drivers upon a substantiated report of a covered incident; relates to additional safety requirements for vehicles engaged in the transportation of passengers; requires companies that provide digital networks for prearranged transportation services to provide a system of interactive electronic match verification for passengers; establishes the crimes of impersonation of a transportation network company driver in the first and second degrees.

2023-S6488 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6488

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the deacti-
vation of transportation network company drivers and to additional safe-
ty requirements for vehicles engaged in the transportation of passen-
gers; and to amend the penal law, in relation to the impersonation of a
transportation network company driver; and providing for the repeal of
certain provisions upon the expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

Adds additional safety items for vehicles and drivers engaged in the
transportation of passengers.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill sets conditions by which a TNC company must deac-
tivate a driver, using a universal database of drivers

Section 2 provides that any ride set on a digital network or application
on a hand held device include a system of electronic match verification
when the correct car arrives

Section 3 adds a new crime of criminal impersonation of a transportation
network company driver

Section 4 contains the severability clause

Section 5 contains the effective.

 
JUSTIFICATION:

There are many in which passengers have entered the wrong for-hire-vehi-
cle, leading to various safety concerns. On some occasions, a driver
with bad intent has posed as a for-hire vehicle driver, leading to
assault or even murder.

On March 29, 2019, Samantha L. Josephson, a 21 year old college student
in Columbia, South Carolina called for a for-hire vehicle. It was late
at night, and she mistakenly climbed into the wrong vehicle.  Her body
was found 14 hours later, 90 miles away.

This bill requires that any for-hire vehicle service that utilizes an
app to implement a safety button which would electronically verify the
passenger with the driver, adding an extra layer of security for the
passenger to verify they are entering the correct vehicle. This bill
also punishes individuals who knowingly pose as a TNC driver, when in
fact they are not.

 
LEGISLATIVE HISTORY:,:

2021-22: S.9435 Referred to Transportation

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that sections
one and two of this act shall take effect one year after it shall have
become a law.

2023-S6488 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6488
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2023
                                ___________
 
 Introduced  by  Sens.  KENNEDY, 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 the  deacti-
   vation  of  transportation  network  company drivers and to additional
   safety requirements for vehicles  engaged  in  the  transportation  of
   passengers;  and to amend the penal law, in relation to the impersona-
   tion of a transportation network company driver; and providing for the
   repeal of certain provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1699 of the vehicle and traffic law is amended by
 adding a new subdivision 6 to read as follows:
   6. (A) USING A LAWFUL METHOD APPROVED BY  THE  DEPARTMENT  AND  ESTAB-
 LISHED  IN REGULATIONS ADOPTED BY THE DEPARTMENT, TRANSPORTATION NETWORK
 COMPANIES SHALL CONTRACT WITH A SINGLE DATABASE PROVIDER TO  MAINTAIN  A
 DATABASE  THAT COMPILES THE NAMES OF ANY TNC DRIVERS WHOSE ACCOUNTS HAVE
 BEEN DEACTIVATED FROM A DIGITAL NETWORK DUE TO A COVERED  INCIDENT.  THE
 DATABASE  PROVIDER SHALL BE SELECTED BY THE AGREEMENT OF AT LEAST TWO OF
 THE LARGEST TRANSPORTATION  NETWORK  COMPANIES  WHOSE  DIGITAL  NETWORKS
 ENABLE THE MAJORITY OF TRIPS IN THIS STATE IN ACCORDANCE WITH SUCH REGU-
 LATIONS.
   (B)  FOLLOWING AN INVESTIGATION OF A COVERED INCIDENT, IF A TNC DETER-
 MINES THAT THE COVERED INCIDENT LIKELY OCCURRED, THE TNC  SHALL  DEACTI-
 VATE THE TNC DRIVER'S ACCOUNT.
   (C)  WITHIN  FIVE BUSINESS DAYS OF DEACTIVATING A DRIVER'S ACCOUNT DUE
 TO A COVERED INCIDENT, A TNC SHALL REPORT THE DEACTIVATION TO THE  DATA-
 BASE PROVIDER AS WELL AS:
   (I) THE NAME OF THE TNC DRIVER;
   (II) THE DATE OF BIRTH OF THE TNC DRIVER;
   (III) THE ISSUING STATE AND DRIVER'S LICENSE NUMBER OF THE TNC DRIVER;
   (IV) THE TYPE OF SAFETY INCIDENT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10886-01-3

 S. 6488                             2
 
   (V) THE DATE OF DEACTIVATION.
   (D)  IN  ADDITION TO THE BACKGROUND CHECK REQUIREMENTS IMPOSED BY THIS
 SECTION, A TNC SHALL CHECK THE DATABASE PRIOR TO AUTHORIZING A PERSON TO
 DRIVE ON THE COMPANY'S DIGITAL NETWORK AND ON AN ONGOING BASIS THEREAFT-
 ER. A TNC SHALL DEACTIVATE A TNC DRIVER'S ACCOUNT  AFTER  IT  DETERMINES
 THAT  ANY TNC HAS REPORTED A DEACTIVATION AS A RESULT OF A COVERED INCI-
 DENT TO THE DATABASE OR AFTER BEING NOTIFIED BY THE DATABASE PROVIDER.
   (E) A TNC THAT REPORTS TNC DRIVER INFORMATION PURSUANT TO THIS SECTION
 SHALL NOT BE SUBJECT TO LIABILITY UNDER ANY CIVIL OR  COMMON  LAW  CLAIM
 BASED ON:
   (I)  THE  FURNISHING  OF  ANY  INFORMATION UNDER PARAGRAPH (C) OF THIS
 SUBDIVISION; OR
   (II) ANY DECISION TO TERMINATE OR INITIATE A CONTRACT WITH A TNC DRIV-
 ER BASED ON INFORMATION RECEIVED UNDER PARAGRAPH (D)  OF  THIS  SUBDIVI-
 SION.
   (F)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "ATTEMPTED NON-CONSENSUAL SEXUAL PENETRATION" MEANS ATTEMPTING  TO
 PENETRATE  THE  VAGINA OR ANUS OF ANOTHER, WITHOUT EXPRESS CONSENT, WITH
 ANY BODY PART OR OBJECT.  ANY  ATTEMPTED  REMOVAL  OF  ANOTHER  PERSON'S
 CLOTHING  TO  ATTEMPT TO ACCESS A SEXUAL BODY PART WILL BE CLASSIFIED AS
 ATTEMPTED NON-CONSENSUAL SEXUAL  PENETRATION.  ATTEMPTED  NON-CONSENSUAL
 SEXUAL  PENETRATION  ALSO  INCLUDES  ATTEMPTED PENETRATION OF THE USER'S
 MOUTH WITH A SEXUAL ORGAN OR SEXUAL  BODY  PART;  HOWEVER,  IT  EXCLUDES
 KISSING WITH TONGUE OR ATTEMPTS TO KISS WITH TONGUE.
   (II)  "COVERED  INCIDENT"  MEANS  DETAILS  AND SPECIFIC ALLEGATIONS OF
 SEXUAL ASSAULT THAT  OCCURRED  IN  CONNECTION  WITH  THE  TNC'S  DIGITAL
 NETWORK  AND  WAS  INVESTIGATED BY A COMPREHENSIVE REVIEW, INCLUDING BUT
 NOT LIMITED TO THE FOLLOWING, WHEN AVAILABLE:
   (A) COMMUNICATION WITH DRIVERS AND RIDERS;
   (B) THIRD-PARTY STATEMENTS;
   (C) RELEVANT TRIP DATA;
   (D) TIMING DETAILS; AND
   (E) POLICE REPORTS.
   (III) "DATABASE" SHALL MEAN THE DATABASE MAINTAINED PURSUANT TO  PARA-
 GRAPH (A) OF THIS SUBDIVISION.
   (IV) "DATABASE PROVIDER" MEANS A NON-GOVERNMENTAL THIRD-PARTY THAT HAS
 EXPERIENCE  IN IDENTITY MATCHING, RESOLVING CONSUMER REPORTING DISPUTES,
 AND MAINTAINING OTHER INDUSTRY SHARED DATABASES.
   (V) "DEACTIVATE" MEANS TO PERMANENTLY BLOCK OR REVOKE A  TNC  DRIVER'S
 ACCOUNT AND ACCESS TO THE TNC'S DIGITAL NETWORK.
   (VI)  "IN CONNECTION WITH THE TNC'S DIGITAL NETWORK" MEANS AN INCIDENT
 THAT OCCURRED DURING A TRIP.
   (VII) "NON-CONSENSUAL KISSING OF A NON-SEXUAL  BODY  PART"  MEANS  THE
 KISSING,  LICKING,  OR  BITING  OR  FORCING A KISS, LICK, OR BITE ON ANY
 NON-SEXUAL BODY PART OF ANOTHER, WITHOUT CONSENT.
   (VIII) "NON-CONSENSUAL KISSING OF A SEXUAL BODY PART" MEANS THE  KISS-
 ING  OR FORCING A KISS ON EITHER THE BREAST OR BUTTOCKS OF ANOTHER WITH-
 OUT CONSENT AND INCLUDES KISSING ON THE  LIPS  OR  KISSING  WHILE  USING
 TONGUE.
   (IX)   "NON-CONSENSUAL  SEXUAL  PENETRATION"  MEANS  WITHOUT  EXPLICIT
 CONSENT FROM A USER, SOMEONE PENETRATED, NO MATTER HOW SLIGHT, THE VAGI-
 NA OR ANUS OF A USER WITH ANY BODY PART OR OBJECT. THIS  INCLUDES  PENE-
 TRATION  OF  THE  USER'S  MOUTH WITH A SEXUAL ORGAN OR SEXUAL BODY PART.
 THIS EXCLUDES KISSING WITH TONGUE.
 S. 6488                             3
 
   (X) "NON-CONSENSUAL TOUCHING OF A  SEXUAL  BODY  PART"  MEANS  WITHOUT
 EXPLICIT  CONSENT,  THE  TOUCHING  OR FORCING A TOUCH ON ANY SEXUAL BODY
 PART OF THE OTHER.
   (XI) "SEXUAL ASSAULT" MEANS:
   (A) NON-CONSENSUAL KISSING OF A NON-SEXUAL BODY PART;
   (B) NON-CONSENSUAL KISSING OF A SEXUAL BODY PART;
   (C) NON-CONSENSUAL TOUCHING OF A SEXUAL BODY PART;
   (D) ATTEMPTED NON-CONSENSUAL SEXUAL PENETRATION; AND
   (E) NON-CONSENSUAL SEXUAL PENETRATION.
   (XII)  "SEXUAL  BODY PARTS" MEANS THE MOUTH, FEMALE BREASTS, BUTTOCKS,
 OR GENITALIA. THE PHRASE "BETWEEN THE LEGS" IS CONSIDERED TO REFERENCE A
 SEXUAL BODY PART. ALL OTHER BODY PARTS ARE CHARACTERIZED AS NON-SEXUAL.
   (G) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CREATE A PRIVATE
 RIGHT OF ACTION AGAINST A TNC.
   (H) THE DEPARTMENT SHALL HAVE SOLE AUTHORITY TO  ISSUE  ANY  RULES  OR
 REGULATIONS  NECESSARY  TO  REVIEW  A  TRANSPORTATION  NETWORK COMPANY'S
 IMPLEMENTATION OF AND COMPLIANCE WITH THIS SECTION,  INCLUDING  BUT  NOT
 LIMITED  TO  A  TIMELINE FOR THE REVIEW OF COVERED INCIDENTS AND PROCESS
 FOR THE INDEPENDENT REVIEW OF COVERED INCIDENTS.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1229-e to read as follows:
   §  1229-E.  ADDITIONAL SAFETY REQUIREMENTS FOR VEHICLES ENGAGED IN THE
 TRANSPORTATION OF PASSENGERS. 1. ANY  ENTITY  THAT  PROVIDES  A  DIGITAL
 NETWORK  OR  APPLICATION  ACCESSIBLE  BY A HANDHELD DEVICE TO FACILITATE
 PREARRANGED TRANSPORTATION  SERVICES  PROVIDED  IN  TNC  VEHICLES  SHALL
 PROVIDE  A  SYSTEM  OF INTERACTIVE ELECTRONIC MATCH VERIFICATION FOR THE
 PASSENGER. SUCH SYSTEM SHALL ALLOW A PASSENGER  TO  CONFIRM  THE  PREAR-
 RANGED MATCH UPON THE ARRIVAL OF SUCH A VEHICLE OR PRIOR TO ENTERING THE
 VEHICLE.
   2.  SUBDIVISION  ONE OF THIS SECTION SHALL NOT APPLY TO ANY TRIP VIA A
 TRANSPORTATION NETWORK  COMPANY  VEHICLE,  FOR-HIRE  VEHICLE,  OR  OTHER
 COMMERCIAL  VEHICLE ENGAGED IN THE FOR-HIRE TRANSPORTATION OF PASSENGERS
 IN WHICH:
   (I) A THIRD PARTY, INCLUDING ANY THIRD PARTY BUSINESS, NON-PROFIT,  OR
 GOVERNMENT ENTITY, FACILITATES THE TRIP FOR A PASSENGER; OR
   (II)  COMPLIANCE  WITH  THIS  SECTION  IS IMPRACTICABLE DUE TO CIRCUM-
 STANCES BEYOND THE CONTROL OF A TRANSPORTATION NETWORK COMPANY  OR  FOR-
 HIRE VEHICLE OR SERVICE, INCLUDING, BUT NOT LIMITED TO INSTANCES WHERE A
 PASSENGER'S  PERSONAL  MOBILE  DEVICE  HAS FAILED TO OPERATE OR THERE IS
 DEGRADED, REDUCED, OR OTHERWISE INSUFFICIENT  CELLULAR  CONNECTIVITY  IN
 ORDER FOR THE SYSTEM TO PROPERLY OPERATE.
   §  3.  The  penal law is amended by adding two new sections 190.28 and
 190.29 to read as follows:
 § 190.28 CRIMINAL IMPERSONATION  OF  A  TRANSPORTATION  NETWORK  COMPANY
            DRIVER IN THE SECOND DEGREE.
   1.  A  PERSON  IS GUILTY OF CRIMINAL IMPERSONATION OF A TRANSPORTATION
 NETWORK COMPANY DRIVER WHEN HE OR SHE:
   (A) IMPERSONATES A TRANSPORTATION NETWORK COMPANY DRIVER AND  DOES  AN
 ACT  IN  SUCH  ASSUMED  CHARACTER  WITH INTENT TO OBTAIN A BENEFIT OR TO
 INJURE OR DEFRAUD ANOTHER; OR
   (B) PRETENDS TO BE A TRANSPORTATION NETWORK COMPANY DRIVER AND FALSELY
 EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE OR SHE IS  ACTING  WITH
 APPROVAL  OR  AUTHORITY  OF A TRANSPORTATION NETWORK COMPANY OR THAT THE
 PERSON IS RESPONDING TO A PASSENGER RIDE REQUEST  FOR  A  TRANSPORTATION
 NETWORK  COMPANY,  INCLUDING  WITHOUT  LIMITATION THROUGH USE OF A FALSE
 STATEMENT OR A FALSE DISPLAY OF DISTINCTIVE SIGNAGE OR EMBLEMS KNOWN  AS
 S. 6488                             4
 
 A TRADE DRESS, TRADEMARK, BRANDING OR LOGO OF THE TRANSPORTATION NETWORK
 COMPANY.
   2.  AS  USED  IN  THIS SECTION, "TRANSPORTATION NETWORK COMPANY" SHALL
 HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN ARTICLE FORTY-FOUR-B OF
 THE VEHICLE AND TRAFFIC LAW.
   CRIMINAL IMPERSONATION OF A TRANSPORTATION NETWORK COMPANY  DRIVER  IN
 THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
 § 190.29 CRIMINAL  IMPERSONATION  OF  A  TRANSPORTATION  NETWORK COMPANY
            DRIVER IN THE FIRST DEGREE.
   1. A PERSON IS GUILTY OF CRIMINAL IMPERSONATION  OF  A  TRANSPORTATION
 NETWORK  COMPANY  DRIVER  IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE
 CRIME OF CRIMINAL IMPERSONATION  OF  A  TRANSPORTATION  NETWORK  COMPANY
 DRIVER  IN  THE  SECOND  DEGREE  DURING  COMMISSION OF A SEPARATE FELONY
 OFFENSE.
   2. AS USED IN THIS SECTION,  "TRANSPORTATION  NETWORK  COMPANY"  SHALL
 HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN ARTICLE FORTY-FOUR-B OF
 THE VEHICLE AND TRAFFIC LAW.
   CRIMINAL  IMPERSONATION  OF A TRANSPORTATION NETWORK COMPANY DRIVER IN
 THE FIRST DEGREE IS A CLASS E FELONY.
   § 4. Severability. If any clause,  sentence,  subdivision,  paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction  to  be  invalid, or if any federal agency determines in writing
 that this act would render New York state ineligible for the receipt  of
 federal  funds, such judgment or written determination shall not affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation to the clause, sentence, subdivision,  paragraph,  section  or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   §  5.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall take effect  one  year  after  it
 shall  have  become  a  law;  provided,  further, that this act shall be
 deemed repealed if any federal agency determines in  writing  that  this
 act  would  render  New York state ineligible for the receipt of federal
 funds or any court of competent  jurisdiction  finally  determines  that
 this  act would render New York state out of compliance with federal law
 or regulation; provided, further, that the provisions of section two  of
 this act shall expire and be deemed repealed upon the enactment into law
 by the federal government of legislation on interactive electronic match
 verification that meets or exceeds the requirements of such section; and
 provided that the commissioner of transportation shall notify the legis-
 lative bill drafting commission upon the occurrence of the provisions of
 this  act  or upon the occurrence of the enactment of legislation by the
 federal government provided for in section two of this act in order that
 the commission may maintain an accurate and timely effective  data  base
 of the official text of the laws of the state of New York in furtherance
 of  effectuating the provisions of section 44 of the legislative law and
 section 70-b of the public  officers  law.  Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.

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Senate Bill S6488

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Sponsored By

Timothy M. Kennedy