Bill Text: NY S04039 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S04039 Detail]

Download: New_York-2023-S04039-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4039

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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:

     1    Section 1. Subdivision 1 and paragraph (a) of subdivision 2 of section
     2  1699  of  the vehicle and traffic law, as added by section 2 of part AAA
     3  of chapter 59 of the laws of 2017, are amended to read as follows:
     4    1. A TNC shall conduct, or have a  third  party  conduct,  a  criminal
     5  history  background  check using a lawful method approved by the depart-
     6  ment pursuant to paragraph (a) of subdivision two of  this  section  for
     7  persons  applying to drive for such company, provided that such criminal
     8  history background check shall include without limitation,  fingerprint-
     9  ing  for  the purpose of securing criminal history records from both the
    10  state division of criminal justice services and the  federal  bureau  of
    11  investigation.
    12    (a)  The  method  used  to conduct a criminal history background check
    13  pursuant to subdivision one of this  section  shall  be  established  in
    14  regulations  adopted  by the department within thirty days of the effec-
    15  tive date of [this subdivision] the chapter of the laws of two  thousand
    16  twenty-three  that amended this paragraph takes effect. To ensure safety
    17  of the passengers and the public such regulations  shall  establish  the
    18  method  used  to  conduct  such  background checks and any processes and
    19  operations necessary to complete such checks, including without  limita-
    20  tion,  criminal history background checks that consist of fingerprinting
    21  as described in subdivision one of this section. The review of  criminal
    22  history information and determinations about whether or not an applicant
    23  is issued a TNC driver permit shall be controlled by paragraphs (b), (c)
    24  and (d) of this subdivision.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08377-01-3
        S. 4039                             2

     1    §  2.  This  act  shall  take  effect on the thirtieth of January next
     2  succeeding the date on which it shall have become a law. Effective imme-
     3  diately, the addition, amendment and/or repeal of any rule or regulation
     4  necessary for the implementation of this act on its effective  date  are
     5  authorized to be made and completed on or before such effective date.