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S5405Senate2019-2020 SessionSame asS6190Same asA3286

Require Driver Background Checks

Official title

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

Sponsor Timothy M. KennedySD-63Affects Transportation
Status
Stricken
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill requires fingerprint-based state and federal background checks for all applicants seeking for-hire vehicle licenses in New York.

Why it matters

  1. Expands existing background checks. by requiring both state and federal fingerprint-based criminal history checks for all types of for-hire vehicle licenses, including taxi, limousine, commuter van, paratransit, and other services—potentially closing gaps in previous vetting that relied on less comprehensive checks.

  2. Covers business entities as well as individuals. , mandating that if the applicant is a business, not just the driver but also owners, general partners, and key corporate officers or stockholders (owning more than 10% of the company) must submit to fingerprinting—aiming to increase oversight and accountability throughout the ownership structure.

  3. Shifts cost responsibility. to applicants themselves, requiring them to pay all processing fees for fingerprinting and background checks, which could raise the financial barrier for new entrants but ensures public funds are not used for these checks.

  4. Aims to enhance public safety and consumer trust. by leveraging federal criminal databases (not just state records), potentially identifying risks or histories that might otherwise go undetected, and harmonizing standards across New York State and New York City.

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Who cares

Headline styles

Require Driver Background Checks

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

Chair, Transportation

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Referred to transportation

Companion bills

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5405

2019-2020 Regular Sessions

IN SENATE

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 Assembly, 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 division of criminal justice services and the federal bureau of investigation. 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 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.

s. Prior to the issuance of a taxicab, limousine, paratransit or forhire vehicle license, the applicant shall be fingerprinted for the purpose of securing criminal history records from both the state division of criminal justice services and the federal bureau of investigation. 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.

§ 3. This act shall take effect on the sixtieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.