BILL NUMBER: S236

SPONSOR: MAYER
 
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.
              

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 sweet 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:

Relates to Chapter 59 of 2017.
S.7909 of 2020, referred to Transportation.

 
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.