§ 1699. Criminal history background check of transportation network
company drivers. 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.

2. (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. 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. 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.

(b) An applicant shall be disqualified to receive a TNC driver permit
where he or she:

(i) stands convicted in the last three years of: unlawful fleeing a
police officer in a motor vehicle in violation of sections 270.35,
270.30 or 270.25 of the penal law, reckless driving in violation of
section twelve hundred twelve of this chapter, operating while license
or privilege is suspended or revoked in violation of section five
hundred eleven of this chapter, excluding subdivision seven of such
section, a misdemeanor offense of operating a motor vehicle while under
the influence of alcohol or drugs in violation of section eleven hundred
ninety-two of this chapter, or leaving the scene of an accident in
violation of subdivision two of section six hundred of this chapter. In
calculating the three year period under this subparagraph, any period of
time during which the person was incarcerated after the commission of
such offense shall be excluded and such three year period shall be
extended by a period or periods equal to the time spent incarcerated;

(ii) stands convicted in the last seven years of: a felony offense
defined in article one hundred twenty-five of the penal law, a violent
felony offense defined in section 70.02 of the penal law, a class A
felony offense defined in the penal law, a felony offense defined in
section eleven hundred ninety-two of this chapter, or any conviction of
an offense in any other jurisdiction that has all the essential elements
of an offense listed in this subparagraph. In calculating the seven year
period under this subparagraph, any period of time during which the
person was incarcerated after the commission of such offense shall be
excluded and such seven year period shall be extended by a period or
periods equal to the time spent incarcerated; or

(iii) is required to register as a sex offender pursuant to article
six-C of the correction law.

(c) A criminal history record that contains criminal conviction
information that does not disqualify an applicant pursuant to
subparagraphs (i) or (ii) of paragraph (b) of this subdivision, shall be
reviewed and considered according to the provisions of article
twenty-three-A of the correction law and subdivisions fifteen and
sixteen of section two hundred ninety-six of the executive law in
determining whether or not the applicant should be issued a TNC driver's
permit.

(d) Upon receipt of criminal conviction information pursuant to this
section for any applicant, such applicant shall promptly be provided
with a copy of such information as well as a copy of article
twenty-three-A of the correction law. Such applicant shall also be
informed of his or her right to seek correction of any incorrect
information contained in such criminal history information pursuant to
the regulations and procedures established by the division of criminal
justice services.

(e) The department shall promulgate regulations for the purpose of
implementing the provisions of this subdivision.

3. A TNC shall update the criminal history background check yearly
during the period in which the person is authorized to drive for the
company, however, the commissioner may require, pursuant to regulation,
more frequent criminal history background checks.

4. To ensure safety of the passengers and the public a TNC shall be
responsible for all fees associated with the criminal history check
pursuant to subdivision one of this section.

5. Any TNC found to have violated any requirements established
pursuant to this section, shall on the first instance, be subject to a
civil penalty of not more than ten thousand dollars. For any subsequent
instance within the period of two years from any initial violation, such
TNC shall be subject to a civil penalty of not more than fifty thousand
dollars, or the suspension or revocation of its TNC license or both.