NY State Senate Bill 2019-S6190B

Senate Bill S6190B

2019-2020 Legislative Session

Relates to requiring that state and federal background checks be conducted on applicants applying for certain for-hire vehicle driver or owner licenses

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation 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 transportation returned to senate died in assembly
Jun 18, 2019	referred to transportation delivered to assembly passed senate
Jun 14, 2019	amended on third reading (t) 6190b
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal. amended (t) 6190a
May 30, 2019	1st report cal.1088
May 21, 2019	referred to transportation

Votes

- Jun 18, 2019 - Floor Vote
  S6190B
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  May 30, 2019 - Transportation Committee Vote
  S6190B
  
  13
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 30, 2019
      
      aye (13)
      
      Benjamin
      
      Carlucci
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Robach
      
      Sepúlveda
      
      Skoufis
      
      nay (1)
      
      O'Mara
      
      aye wr (1)
      
      Gallivan

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S6190 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 17-D §499-m, V & T L; amd §19-504, NYC Ad Cd

2019-S6190 - Summary

Requires that prior to the issuance of taxicab, limousine, commuter van, paratransit or for-hire vehicle driver or owner licenses for vehicles transporting nine or more passengers, the applicant shall be fingerprinted by the authority authorized to issue such licenses for the purpose of securing criminal history records from both the state division of criminal justice services and the federal bureau of investigation.

2019-S6190 - Sponsor Memo

                                
 
BILL NUMBER: S6190

SPONSOR: MARTINEZ
 
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 Transporta-
tion
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

2019-S6190 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6190
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced by Sens. MARTINEZ, 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 ASSEM-
 BLY, 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 DIVI-
 SION OF CRIMINAL JUSTICE SERVICES AND THE  FEDERAL  BUREAU  OF  INVESTI-
 GATION.    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. 6190                             2
 
 records from BOTH the state division of criminal  justice  services  AND
 THE  FEDERAL BUREAU OF INVESTIGATION.  The applicant shall pay any proc-
 essing 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,  prin-
 cipals, 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 FOR-
 HIRE VEHICLE LICENSE, THE  APPLICANT  SHALL  BE  FINGERPRINTED  FOR  THE
 PURPOSE  OF  SECURING CRIMINAL HISTORY RECORDS FROM BOTH THE STATE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES AND THE  FEDERAL  BUREAU  OF  INVESTI-
 GATION. THE APPLICANT SHALL PAY ANY PROCESSING FEE REQUIRED BY THE STATE
 DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTI-
 GATION.  FINGERPRINTS  SHALL  BE  TAKEN  OF  THE INDIVIDUAL OWNER IF THE
 APPLICANT IS A SOLE PROPRIETORSHIP; THE GENERAL PARTNERS IF  THE  APPLI-
 CANT 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.

co-Sponsors

2019-S6190A - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 17-D §499-m, V & T L; amd §19-504, NYC Ad Cd

2019-S6190A - Summary

2019-S6190A - Sponsor Memo

                                
 
BILL NUMBER: S6190A

SPONSOR: MARTINEZ
 
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 driver or owner 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::

Under current law, employers of bus drivers must conduct a background
investigation of a new driver's employment history for the past three
years, and obtain driving records for the driver for the past three
years. School bus driver employers must request a criminal history check
of each driver based on his/her fingerprints. To obtain a hazardous
materials commercial driver's license (CDL), an applicant is subjected
to fingerprinting and a background check and security threat check.

However, the Suffolk County special grand jury impaneled after a stretch
limousine crash in Cutchogue noted that the Department of Motor Vehicles
(DMV) does not require background checks or fingerprinting for taxi and
limousine and other for-hire vehicle drivers, and that such requirements
are currently dependent on local taxi and limousine commissions.

This legislation seeks to treat for-hire vehicles (FHVs) similarly to
other motor carriers and close potential gaps, subjecting prospective
FHV drivers to fingerprinting and criminal history checks by both the
Division of, Criminal Justice Services (DCJS) and Federal Bureau of
Investigation (FBI).

 
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

2019-S6190A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6190--A
     Cal. No. 1088
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens.  MARTINEZ,  GAUGHRAN,  KENNEDY  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Transportation  --  reported favorably from said committee, ordered to
   first report, amended on first report, ordered to a second report  and
   ordered reprinted, retaining its place in the order of second report
 
 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 driver or owner licenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, 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 DRIVER OR OWNER
                                 LICENSES
 SECTION 499-M. BACKGROUND  CHECK  FOR  FOR-HIRE  VEHICLE DRIVER OR OWNER
                 LICENSES.
   § 499-M.  BACKGROUND  CHECK  FOR  FOR-HIRE  VEHICLE  DRIVER  OR  OWNER
 LICENSES.  PRIOR  TO THE ISSUANCE OF A TAXICAB, LIMOUSINE, COMMUTER VAN,
 PARATRANSIT OR FOR-HIRE VEHICLE DRIVER OR OWNER 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 CORPO-
 RATION. AN APPLICANT OR APPLICANTS SHALL BE DISQUALIFIED FROM  OBTAINING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07298-02-9

 S. 6190--A                          2
 
 A  LICENSE  IF  THE  CRIMINAL HISTORY RECORDS INDICATE CONVICTIONS WHICH
 WOULD DISQUALIFY AN APPLICANT FROM DRIVING A MOTOR VEHICLE  PURSUANT  TO
 SECTION FIVE HUNDRED NINE-C OR ANY OTHER PROVISION OF ARTICLE NINETEEN-A
 OF THIS CHAPTER.
   § 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
 records  from  BOTH  the state division of criminal justice services AND
 THE FEDERAL BUREAU OF INVESTIGATION.  The applicant shall pay any  proc-
 essing  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, prin-
 cipals, 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, COMMUTER VAN,  PARA-
 TRANSIT OR FOR-HIRE VEHICLE DRIVER OR OWNER 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 FEDER-
 AL 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.  AN  APPLICANT  OR
 APPLICANTS  SHALL BE DISQUALIFIED FROM OBTAINING A LICENSE IF THE CRIMI-
 NAL HISTORY RECORDS  INDICATE  CONVICTIONS  WHICH  WOULD  DISQUALIFY  AN
 APPLICANT  FROM DRIVING A MOTOR VEHICLE PURSUANT TO SECTION FIVE HUNDRED
 NINE-C OR ANY OTHER PROVISION OF ARTICLE NINETEEN-A OF THE  VEHICLE  AND
 TRAFFIC LAW.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2019-S6190B (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 17-D §499-m, V & T L; amd §19-504, NYC Ad Cd

2019-S6190B (ACTIVE) - Summary

2019-S6190B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6190B

SPONSOR: MARTINEZ
 
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
certain for-hire vehicle driver or owner 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 carrying nine passengers or more.

 
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, when the operator is carrying nine passen-
gers or more.

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, when the operators is carrying
nine passengers or more.

 
JUSTIFICATION:

Under current law, employers of bus drivers must conduct a background
investigation of a new driver's employment history for the past three
years, and obtain driving records for the driver for the past three
years. School bus driver employers must request a criminal history check
of each driver based on his/her fingerprints. To obtain a hazardous
materials commercial driver's license (CDL), an applicant is subjected
to fingerprinting and a background check and security threat check.

However, the Suffolk County special grand jury impaneled after a stretch
limousine crash in Cutchogue noted that the Department of Motor Vehicles
(DMV) does not require background checks or fingerprinting for taxi and
limousine and other for-hire vehicle drivers, and that such requirements
are currently dependent on local taxi and limousine commissions.

This legislation seeks to treat for-hire vehicles (FHVs) who carry nine
passengers or more similarly to other motor carriers and close potential
gaps, subjecting prospective FHV drivers to fingerprinting and criminal
history checks by both the Division of, Criminal Justice Services (DCJS)
and Federal Bureau of Investigation (FBI).

 
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

2019-S6190B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6190--B
     Cal. No. 1088
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens.  MARTINEZ, BRESLIN, GAUGHRAN, KENNEDY, LIU -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Transportation -- reported favorably from said committee,
   ordered  to first report, amended on first report, ordered to a second
   report and ordered reprinted, retaining its  place  in  the  order  of
   second  report  --  ordered  to  a  third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 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 certain for-hire vehicle driver or owner licenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, 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 DRIVER OR OWNER
                                 LICENSES
 SECTION 499-M. BACKGROUND CHECK FOR CERTAIN FOR-HIRE VEHICLE  DRIVER  OR
                 OWNER LICENSES.
   § 499-M. BACKGROUND CHECK FOR CERTAIN FOR-HIRE VEHICLE DRIVER OR OWNER
 LICENSES.  PRIOR  TO THE ISSUANCE OF A TAXICAB, LIMOUSINE, COMMUTER VAN,
 PARATRANSIT OR FOR-HIRE VEHICLE DRIVER OR  OWNER  LICENSE  FOR  VEHICLES
 TRANSPORTING  NINE  OR  MORE  PASSENGERS, 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD07298-04-9

 S. 6190--B                          2
 
 AND STOCKHOLDERS OWNING MORE THAN TEN PERCENT OF THE  OUTSTANDING  STOCK
 OF  THE  CORPORATION  IF THE APPLICANT IS A CORPORATION. AN APPLICANT OR
 APPLICANTS SHALL BE DISQUALIFIED FROM OBTAINING A LICENSE IF THE  CRIMI-
 NAL  HISTORY  RECORDS  INDICATE  CONVICTIONS  WHICH  WOULD DISQUALIFY AN
 APPLICANT FROM DRIVING A MOTOR VEHICLE PURSUANT TO SECTION FIVE  HUNDRED
 NINE-C OR ANY OTHER PROVISION OF ARTICLE NINETEEN-A OF THIS CHAPTER.
   § 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
 records  from  BOTH  the state division of criminal justice services AND
 THE FEDERAL BUREAU OF INVESTIGATION.  The applicant shall pay any  proc-
 essing  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, prin-
 cipals, 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, COMMUTER VAN,  PARA-
 TRANSIT  OR FOR-HIRE VEHICLE DRIVER OR OWNER LICENSE FOR VEHICLES TRANS-
 PORTING NINE OR MORE PASSENGERS, 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 INVESTI-
 GATION. THE APPLICANT SHALL PAY ANY PROCESSING FEE REQUIRED BY THE STATE
 DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTI-
 GATION.  FINGERPRINTS  SHALL  BE  TAKEN  OF  THE INDIVIDUAL OWNER IF THE
 APPLICANT IS A SOLE PROPRIETORSHIP; THE GENERAL PARTNERS IF  THE  APPLI-
 CANT 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. AN APPLICANT OR APPLICANTS SHALL BE DISQUAL-
 IFIED  FROM OBTAINING A LICENSE IF THE CRIMINAL HISTORY RECORDS INDICATE
 CONVICTIONS WHICH WOULD DISQUALIFY AN APPLICANT  FROM  DRIVING  A  MOTOR
 VEHICLE  PURSUANT  TO SECTION FIVE HUNDRED NINE-C OR ANY OTHER PROVISION
 OF ARTICLE NINETEEN-A OF THE VEHICLE AND TRAFFIC LAW.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S6190B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2019-S6190 - Details

2019-S6190 - Summary

2019-S6190 - Sponsor Memo

2019-S6190 - Bill Text download pdf

co-Sponsors

2019-S6190A - Details

2019-S6190A - Summary

2019-S6190A - Sponsor Memo

2019-S6190A - Bill Text download pdf

co-Sponsors

2019-S6190B (ACTIVE) - Details

2019-S6190B (ACTIVE) - Summary

2019-S6190B (ACTIVE) - Sponsor Memo

2019-S6190B (ACTIVE) - Bill Text download pdf

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