What's happening
This bill requires fingerprinting as part of the criminal background check for drivers of transportation network companies (TNCs) in New York.
Why it matters
Mandates more thorough background checks for TNC drivers by requiring fingerprinting. , which allows authorities to access both state and federal criminal history records, potentially identifying criminal activity that name-based checks might miss.
Could increase public safety and rider confidence. by ensuring that individuals with serious criminal backgrounds are less likely to drive for TNCs, addressing long-standing concerns about passenger security in ride-hailing services.
May create additional barriers to entry for prospective drivers. , since fingerprinting is typically more time-consuming and costly than existing background check methods, potentially affecting driver supply and company operations.
Shifts regulatory requirements for TNCs. , as they will need to update their compliance processes and coordinate closely with state agencies to implement the new fingerprinting standards, possibly increasing operational costs and administrative complexity.
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Who cares
Transportation network companies
The bill would require companies to include fingerprinting in criminal background checks for people applying to drive for them.
Prospective TNC drivers
Applicants would have to undergo fingerprinting to obtain criminal history records from the state Division of Criminal Justice Services and the FBI.
Department of Motor Vehicles
The department would have to update its background-check regulations to include fingerprinting and the processes needed to complete those checks.
TNC passengers
The bill would add fingerprint-based screening of driver applicants to background checks intended to protect passenger safety.
Headline styles
Fingerprint Checks for TNC Drivers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7909
IN SENATE
March 2, 2020
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 Assembly, 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 department 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, fingerprinting 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 [effective date of this subdivision] chapter of the laws of two thousand twenty 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 limitation, 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.
§ 2. This act shall take effect on the thirtieth of January next succeeding the date on which it shall have become a 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14940-01-0
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, in relation to requiring fingerprinting as part of the criminal background check for a TNC driver
Purpose or general idea
The purpose of this bill is to ensure the safety of riders in transpor- tation network company vehicles across the state by ensuring that driv- ers are fingerprinted.
Summary of specific provisions
Section 1. Amends Subdivision 1 and paragraph (a) of subdivision 2 of the section 1699 vehicle and traffic law to require that any background check performed on a TNC driver include fingerprinting for the purpose of securing criminal history records from the state division of criminal justice services and the federal bureau of investigation.
Read the full memo (727 words)
Section 2. Sets an effective date.
Justification
Authorized in 2017 under state law, transportation network companies (TNCs) can operate in New York State outside of New York City. Through- out New York State, thousands of people daily use TNCs "app" based ride sharing to get to and from work, airports, mass transit stations and for any number of other transportation needs. Dominated by the companies Uber and Lyft, New Yorkers depend on these services to be a reasonable, reliable and safe alternative to taxicabs and limousines.
Currently under state law, TNCs are required to conduct background checks on all their drivers. These background checks are performed based on self-reported information from the driver and their social security number, the same method used across the country. Questions about safety in TNCs have been persistent yet anecdotal until recently. In December of 2019, Uber released a study of unsafe incidents on the ride-hailing platform, which listed 3,058 sexual assaults and nine murders across the United States in 2018.
Concerns are further magnified by reports that Uber has a generous three-strike system, which allows drivers to continue to drive even after multiple incidents of misconduct. In the event Uber does bar a driver for credible accusations, they do not even share information about accusations with the police or other TNCs. According to a Septem- ber 2019 Washington Post report, Uber's Special Investigation employees are forbidden from contacting the police or advising victims of their legal rights.
New York and the surrounding area have also had multiple high profile incidents recently. In December of 2018 a Bronx driver was charged in Westchester with Sexual Abuse, Assault and Unlawful Imprisonment based on an incident with a Westchester woman on her way home. In March of 2019 a Queens Uber driver was sentenced to three years of prison and three years probation by a Federal Court in White Plains for the kidnap- ping of a Westchester woman. The driver had changed his destination from White Plains to Boston during a late night drive during which the victim fell asleep. The victim awoke in Connecticut with the drivers hands under her skirt and touching the top of her breast. In July 2019, in Stamford, a common destination and origin for New Yorkers, a ride share driver was charged with sexual assault after stopping his vehicle and assaulting his female passenger in the vehicle. This assault caused legislation similar to this bill to be proposed in Connecticut. In August 2019 on Long Island, a TNC driver was arrested on kidnapping charges in an incident that involved a fifteen year old girl that was alleged to be sexually motivated. The driver drover her to Brooklyn instead of her desired location on Long Island after leaving a s weet 16 party.
In New York City, drivers for Uber and Lyft already undergo both the social security number based background check run by the companies and a fingerprint run background check administered by the Taxi and Limousine Commission, a system often considered the gold standard. This bill will bring all New Yorkers the added level of security assured by finger- printing that is provided in New York City.
Prior legislative history
New Bill; Relates to Chapter 59 of 2017.
Fiscal implications
None to the state.
Effective date
This act shall take effect on the thirtieth of January next succeeding the date on which it shall have become a 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.