STATE OF NEW YORK ________________________________________________________________________ 6488 2023-2024 Regular Sessions IN SENATE April 24, 2023 ___________ Introduced by Sens. KENNEDY, MAYER -- 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, in relation to the deacti- vation of transportation network company drivers and to additional safety requirements for vehicles engaged in the transportation of passengers; and to amend the penal law, in relation to the impersona- tion of a transportation network company driver; and providing for the repeal of certain provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1699 of the vehicle and traffic law is amended by 2 adding a new subdivision 6 to read as follows: 3 6. (a) Using a lawful method approved by the department and estab- 4 lished in regulations adopted by the department, transportation network 5 companies shall contract with a single database provider to maintain a 6 database that compiles the names of any TNC drivers whose accounts have 7 been deactivated from a digital network due to a covered incident. The 8 database provider shall be selected by the agreement of at least two of 9 the largest transportation network companies whose digital networks 10 enable the majority of trips in this state in accordance with such regu- 11 lations. 12 (b) Following an investigation of a covered incident, if a TNC deter- 13 mines that the covered incident likely occurred, the TNC shall deacti- 14 vate the TNC driver's account. 15 (c) Within five business days of deactivating a driver's account due 16 to a covered incident, a TNC shall report the deactivation to the data- 17 base provider as well as: 18 (i) the name of the TNC driver; 19 (ii) the date of birth of the TNC driver; 20 (iii) the issuing state and driver's license number of the TNC driver; 21 (iv) the type of safety incident; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10886-01-3
S. 6488 2 1 (v) the date of deactivation. 2 (d) In addition to the background check requirements imposed by this 3 section, a TNC shall check the database prior to authorizing a person to 4 drive on the company's digital network and on an ongoing basis thereaft- 5 er. A TNC shall deactivate a TNC driver's account after it determines 6 that any TNC has reported a deactivation as a result of a covered inci- 7 dent to the database or after being notified by the database provider. 8 (e) A TNC that reports TNC driver information pursuant to this section 9 shall not be subject to liability under any civil or common law claim 10 based on: 11 (i) the furnishing of any information under paragraph (c) of this 12 subdivision; or 13 (ii) any decision to terminate or initiate a contract with a TNC driv- 14 er based on information received under paragraph (d) of this subdivi- 15 sion. 16 (f) For the purposes of this section, the following terms shall have 17 the following meanings: 18 (i) "Attempted non-consensual sexual penetration" means attempting to 19 penetrate the vagina or anus of another, without express consent, with 20 any body part or object. Any attempted removal of another person's 21 clothing to attempt to access a sexual body part will be classified as 22 attempted non-consensual sexual penetration. Attempted non-consensual 23 sexual penetration also includes attempted penetration of the user's 24 mouth with a sexual organ or sexual body part; however, it excludes 25 kissing with tongue or attempts to kiss with tongue. 26 (ii) "Covered incident" means details and specific allegations of 27 sexual assault that occurred in connection with the TNC's digital 28 network and was investigated by a comprehensive review, including but 29 not limited to the following, when available: 30 (A) communication with drivers and riders; 31 (B) third-party statements; 32 (C) relevant trip data; 33 (D) timing details; and 34 (E) police reports. 35 (iii) "Database" shall mean the database maintained pursuant to para- 36 graph (a) of this subdivision. 37 (iv) "Database provider" means a non-governmental third-party that has 38 experience in identity matching, resolving consumer reporting disputes, 39 and maintaining other industry shared databases. 40 (v) "Deactivate" means to permanently block or revoke a TNC driver's 41 account and access to the TNC's digital network. 42 (vi) "In connection with the TNC's digital network" means an incident 43 that occurred during a trip. 44 (vii) "Non-consensual kissing of a non-sexual body part" means the 45 kissing, licking, or biting or forcing a kiss, lick, or bite on any 46 non-sexual body part of another, without consent. 47 (viii) "Non-consensual kissing of a sexual body part" means the kiss- 48 ing or forcing a kiss on either the breast or buttocks of another with- 49 out consent and includes kissing on the lips or kissing while using 50 tongue. 51 (ix) "Non-consensual sexual penetration" means without explicit 52 consent from a user, someone penetrated, no matter how slight, the vagi- 53 na or anus of a user with any body part or object. This includes pene- 54 tration of the user's mouth with a sexual organ or sexual body part. 55 This excludes kissing with tongue.
S. 6488 3 1 (x) "Non-consensual touching of a sexual body part" means without 2 explicit consent, the touching or forcing a touch on any sexual body 3 part of the other. 4 (xi) "Sexual assault" means: 5 (A) non-consensual kissing of a non-sexual body part; 6 (B) non-consensual kissing of a sexual body part; 7 (C) non-consensual touching of a sexual body part; 8 (D) attempted non-consensual sexual penetration; and 9 (E) non-consensual sexual penetration. 10 (xii) "Sexual body parts" means the mouth, female breasts, buttocks, 11 or genitalia. The phrase "between the legs" is considered to reference a 12 sexual body part. All other body parts are characterized as non-sexual. 13 (g) Nothing in this subdivision shall be construed to create a private 14 right of action against a TNC. 15 (h) The department shall have sole authority to issue any rules or 16 regulations necessary to review a transportation network company's 17 implementation of and compliance with this section, including but not 18 limited to a timeline for the review of covered incidents and process 19 for the independent review of covered incidents. 20 § 2. The vehicle and traffic law is amended by adding a new section 21 1229-e to read as follows: 22 § 1229-e. Additional safety requirements for vehicles engaged in the 23 transportation of passengers. 1. Any entity that provides a digital 24 network or application accessible by a handheld device to facilitate 25 prearranged transportation services provided in TNC vehicles shall 26 provide a system of interactive electronic match verification for the 27 passenger. Such system shall allow a passenger to confirm the prear- 28 ranged match upon the arrival of such a vehicle or prior to entering the 29 vehicle. 30 2. Subdivision one of this section shall not apply to any trip via a 31 transportation network company vehicle, for-hire vehicle, or other 32 commercial vehicle engaged in the for-hire transportation of passengers 33 in which: 34 (i) a third party, including any third party business, non-profit, or 35 government entity, facilitates the trip for a passenger; or 36 (ii) compliance with this section is impracticable due to circum- 37 stances beyond the control of a transportation network company or for- 38 hire vehicle or service, including, but not limited to instances where a 39 passenger's personal mobile device has failed to operate or there is 40 degraded, reduced, or otherwise insufficient cellular connectivity in 41 order for the system to properly operate. 42 § 3. The penal law is amended by adding two new sections 190.28 and 43 190.29 to read as follows: 44 § 190.28 Criminal impersonation of a transportation network company 45 driver in the second degree. 46 1. A person is guilty of criminal impersonation of a transportation 47 network company driver when he or she: 48 (a) Impersonates a transportation network company driver and does an 49 act in such assumed character with intent to obtain a benefit or to 50 injure or defraud another; or 51 (b) Pretends to be a transportation network company driver and falsely 52 expresses by his or her words or actions that he or she is acting with 53 approval or authority of a transportation network company or that the 54 person is responding to a passenger ride request for a transportation 55 network company, including without limitation through use of a false 56 statement or a false display of distinctive signage or emblems known as
S. 6488 4 1 a trade dress, trademark, branding or logo of the transportation network 2 company. 3 2. As used in this section, "transportation network company" shall 4 have the same meaning as such term is defined in article forty-four-B of 5 the vehicle and traffic law. 6 Criminal impersonation of a transportation network company driver in 7 the second degree is a class A misdemeanor. 8 § 190.29 Criminal impersonation of a transportation network company 9 driver in the first degree. 10 1. A person is guilty of criminal impersonation of a transportation 11 network company driver in the first degree when he or she commits the 12 crime of criminal impersonation of a transportation network company 13 driver in the second degree during commission of a separate felony 14 offense. 15 2. As used in this section, "transportation network company" shall 16 have the same meaning as such term is defined in article forty-four-B of 17 the vehicle and traffic law. 18 Criminal impersonation of a transportation network company driver in 19 the first degree is a class E felony. 20 § 4. Severability. If any clause, sentence, subdivision, paragraph, 21 section or part of this act be adjudged by any court of competent juris- 22 diction to be invalid, or if any federal agency determines in writing 23 that this act would render New York state ineligible for the receipt of 24 federal funds, such judgment or written determination shall not affect, 25 impair or invalidate the remainder thereof, but shall be confined in its 26 operation to the clause, sentence, subdivision, paragraph, section or 27 part thereof directly involved in the controversy in which such judgment 28 or written determination shall have been rendered. 29 § 5. This act shall take effect immediately; provided, however, that 30 sections one and two of this act shall take effect one year after it 31 shall have become a law; provided, further, that this act shall be 32 deemed repealed if any federal agency determines in writing that this 33 act would render New York state ineligible for the receipt of federal 34 funds or any court of competent jurisdiction finally determines that 35 this act would render New York state out of compliance with federal law 36 or regulation; provided, further, that the provisions of section two of 37 this act shall expire and be deemed repealed upon the enactment into law 38 by the federal government of legislation on interactive electronic match 39 verification that meets or exceeds the requirements of such section; and 40 provided that the commissioner of transportation shall notify the legis- 41 lative bill drafting commission upon the occurrence of the provisions of 42 this act or upon the occurrence of the enactment of legislation by the 43 federal government provided for in section two of this act in order that 44 the commission may maintain an accurate and timely effective data base 45 of the official text of the laws of the state of New York in furtherance 46 of effectuating the provisions of section 44 of the legislative law and 47 section 70-b of the public officers law. Effective immediately, the 48 addition, amendment and/or repeal of any rule or regulation necessary 49 for the implementation of this act on its effective date are authorized 50 to be made and completed on or before such effective date.