NY State Senate Bill 2019-S405

Senate Bill S405

2019-2020 Legislative Session

Prohibits sex offenders from operating automobiles participating in mobile application based transportation networks or being employed by such transportation networks

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Jan 09, 2019	referred to local government

2019-S405 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §181, Gen Muni L; amd §401, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5725
2017-2018: S2600
2021-2022: S5677
2023-2024: S4660

2019-S405 (ACTIVE) - Summary

Prohibits sex offenders from operating automobiles participating in mobile application based transportation networks or being employed by such transportation networks.

2019-S405 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S405

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the general municipal law and the
vehicle and traffic law, in relation to prohibiting sex offenders from
operating automobiles participating in mobile application based trans-
portation networks or being employed by such transportation networks

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits sex offenders from operating automobiles participating in
mobile application based transportation networks or being employed by
such transportation networks.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Section 181 of the general municipal law, is amended by
adding a new subdivision 3 to read as follows:

(3) No person required to maintain registration under article six-C of
the correction law shall operate an automobile for or be employed by any

mobile application based transportation network. Such transportation
networks shall be required to perform a background check on all employ-
ees that shall include the state sex offender registry.

Section 2. Section 401 of the vehicle and traffic law, is amended by
adding a new subdivision 3-a to read as follows:

3-a. Restrictions on license to drive a motor vehicle for a mobile
application based transportation network. No person required to maintain
registration under article six-C of the correction law shall be permit-
ted to maintain a license for purposes of operation any automobile for
or be employed by any mobile application based transportation network.
Such transportation networks shall be required to perform a background
check on all employees that shall include the state sex offender regis-
try.

Section 3. This act shall take effect immediately.

 
JUSTIFICATION:

Recent and nationwide accountings of criminal behavior by drivers work-
ing in association with mobile applications transportation networks have
raised concerns as to the safety of consumers using such services.

Sexual assaults and violent acts perpetrated against customers by driv-
ers working as "independent contractors" with companies like Uber, Lyft
and Sidecar in communities across the nation have prompted scrutiny into
the employee screening processes used by these mobile application based
transportation networks.

Major news organizations have conducted investigative reporting which
has uncovered faulty background checks by Uber and the like. This in
turn has allowed individuals with violent criminal histories to work as
drivers in these transportation systems. This set of events and actions
has placed countless consumers in harm's way.

This legislation goes beyond the faulty background screening processes
used by mobile application transportation networks by simply prohibiting
one set of individual who have exhibited dangerous criminal behavior
from any participation in the workforce of these transportation systems.

By adding level 1, level 2 and level 3 sex offenders to those prohibited
from applying and working as "independent contractors for Uber, Lyft and
the like, this legislation will effectively reduce the threat to consum-
ers that they will become crime victims.

 
LEGISLATIVE HISTORY:

2018: S.2600 - Passed Senate / A.7853- Referred to Correction
2017: S.2600 - Passed Senate /A.7853 - Referred to Correction
2016: S.5725 - Passed Senate / A.6883 - Referred to Correction
2015: S.5725 - Passed Senate / A.6883 - Referred to Correction

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S405 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    405
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law and the  vehicle  and  traffic
   law,  in  relation to prohibiting sex offenders from operating automo-
   biles  participating  in  mobile  application   based   transportation
   networks or being employed by such transportation networks
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 181 of the general municipal  law,  is  amended  by
 adding a new subdivision 3 to read as follows:
   3.  NO PERSON REQUIRED TO MAINTAIN REGISTRATION UNDER ARTICLE SIX-C OF
 THE CORRECTION LAW SHALL OPERATE AN AUTOMOBILE FOR OR BE EMPLOYED BY ANY
 MOBILE APPLICATION BASED  TRANSPORTATION  NETWORK.  SUCH  TRANSPORTATION
 NETWORKS  SHALL BE REQUIRED TO PERFORM A BACKGROUND CHECK ON ALL EMPLOY-
 EES THAT SHALL INCLUDE THE STATE SEX OFFENDER REGISTRY.
   § 2. Section 401 of the vehicle and traffic law, is amended by  adding
 a new subdivision 3-a to read as follows:
   3-A.  RESTRICTIONS  ON  LICENSE  TO DRIVE A MOTOR VEHICLE FOR A MOBILE
 APPLICATION BASED TRANSPORTATION NETWORK. NO PERSON REQUIRED TO MAINTAIN
 REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW SHALL BE  PERMIT-
 TED  TO  MAINTAIN A LICENSE FOR PURPOSES OF OPERATING ANY AUTOMOBILE FOR
 OR BE EMPLOYED BY ANY MOBILE APPLICATION BASED  TRANSPORTATION  NETWORK.
 SUCH  TRANSPORTATION  NETWORKS SHALL BE REQUIRED TO PERFORM A BACKGROUND
 CHECK ON ALL EMPLOYEES THAT SHALL INCLUDE THE STATE SEX OFFENDER  REGIS-
 TRY.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03091-01-9

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