NY State Senate Bill 2021-S5677

Senate Bill S5677

2021-2022 Legislative Session

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

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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 05, 2022	referred to local government
Mar 16, 2021	referred to local government

co-Sponsors

2021-S5677 (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
2019-2020: S405
2023-2024: S4660

2021-S5677 (ACTIVE) - Summary

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

2021-S5677 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5677

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 transportation 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 trans-
portation network. No person required to maintain registration under
article six-C of the correction law shall be permitted 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 employ-
ees that shall include the state sex offender registry.

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:

2020: S.405 - Referred to Local Government

2019: S.405 - Referred to Local Government

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.

2021-S5677 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5677
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2021
                                ___________
 
 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.
                                                            LBD05919-01-1

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Senate Bill S5677

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Sponsored By

Andrew J. Lanza