| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- H 5546 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC001798 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO PUBLIC UTILITIES AND CARRIERS -- DRIVER NATIONAL CRIMINAL |
|---|
| 16 | 16 | | BACKGROUND CHECK |
|---|
| 17 | 17 | | Introduced By: Representative Arthur J. Corvese |
|---|
| 18 | 18 | | Date Introduced: February 26, 2025 |
|---|
| 19 | 19 | | Referred To: House Corporations |
|---|
| 20 | 20 | | (Division of Public Utilities & Carriers) |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND 1 |
|---|
| 24 | 24 | | CARRIERS" is hereby amended by adding thereto the following chapter: 2 |
|---|
| 25 | 25 | | CHAPTER 14.4 3 |
|---|
| 26 | 26 | | DRIVER NATIONAL CRIMINAL BACKGROUND CHECK 4 |
|---|
| 27 | 27 | | 39-14.4-1. Definitions. 5 |
|---|
| 28 | 28 | | Terms used in this chapter shall be construed as follows, unless another meaning is 6 |
|---|
| 29 | 29 | | expressed or is clearly apparent from the language or context: 7 |
|---|
| 30 | 30 | | (1) "Administrator" means the administrator of the division of public utilities and carriers. 8 |
|---|
| 31 | 31 | | (2) "Background check clearance certificate" means verification issued by the division, 9 |
|---|
| 32 | 32 | | electronically or otherwise, that the driver has successfully completed the background check 10 |
|---|
| 33 | 33 | | required under this section. 11 |
|---|
| 34 | 34 | | (3) "Clearance certificate" means a background check clearance certificate. 12 |
|---|
| 35 | 35 | | (4) "Conviction" means judgments of conviction entered by a court, subsequent to a finding 13 |
|---|
| 36 | 36 | | of guilty or a plea of guilty; and those instances where a defendant has entered a plea of nolo 14 |
|---|
| 37 | 37 | | contendere and has received a sentence of probation; and those instances where a defendant has 15 |
|---|
| 38 | 38 | | entered into a deferred sentence agreement with the attorney general. 16 |
|---|
| 39 | 39 | | (5) "Division" means the Rhode Island division of public utilities and carriers. 17 |
|---|
| 40 | 40 | | (6) "Driver" means any person seeking initial authority to provide for-hire intrastate 18 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC001798 - Page 2 of 8 |
|---|
| 44 | 44 | | passenger transportation services under chapters 14, 14.1, or 14.2 of title 39. 1 |
|---|
| 45 | 45 | | (7) "Initial authority" means first-time and renewal applicants for a special operator's 2 |
|---|
| 46 | 46 | | license as defined in §§ 39-14-20 and 39-14.1-8; first-time TNC operators; and for active TNC 3 |
|---|
| 47 | 47 | | operators, as defined in § 39-14.2-1, subject to subsequent periodic background checks as required 4 |
|---|
| 48 | 48 | | in § 39-14.2-7, no later than December 31, 2019. 5 |
|---|
| 49 | 49 | | (8) "TNC" means transportation network company as defined in § 39-14.2-1. 6 |
|---|
| 50 | 50 | | 39-14.4-2. Background check required. 7 |
|---|
| 51 | 51 | | (a) No driver shall transport passengers for hire in a taxicab, limited public motor vehicle, 8 |
|---|
| 52 | 52 | | public motor vehicle or TNC vehicle within the state without first having undergone a national and 9 |
|---|
| 53 | 53 | | state criminal background check in accordance with this chapter. The driver shall apply to the 10 |
|---|
| 54 | 54 | | bureau of criminal identification (BCI), department of attorney general, state police, or local police 11 |
|---|
| 55 | 55 | | department where they reside, for a national and state criminal records check. Fingerprinting shall 12 |
|---|
| 56 | 56 | | be required. The driver shall be responsible for the cost of conducting the national criminal 13 |
|---|
| 57 | 57 | | background check. 14 |
|---|
| 58 | 58 | | (b) In instances which no disqualifying information has been found, the bureau of criminal 15 |
|---|
| 59 | 59 | | identification, state police, or local police department shall inform the driver and the division, in 16 |
|---|
| 60 | 60 | | writing, of this fact. 17 |
|---|
| 61 | 61 | | (c) Upon the discovery of any disqualifying information as defined in subsection (d) of this 18 |
|---|
| 62 | 62 | | section, the bureau of criminal identification, state police or local police department shall inform 19 |
|---|
| 63 | 63 | | the driver, in writing, of the nature of the disqualifying information; and, without disclosing the 20 |
|---|
| 64 | 64 | | nature of the disqualifying information, will notify the division, in writing, that disqualifying 21 |
|---|
| 65 | 65 | | information has been discovered. 22 |
|---|
| 66 | 66 | | (d) For the purposes of this chapter, "disqualifying information" shall mean: information 23 |
|---|
| 67 | 67 | | produced by a national criminal records check pertaining to conviction for the following crimes 24 |
|---|
| 68 | 68 | | will result in a letter to the driver and the division: murder; voluntary manslaughter; involuntary 25 |
|---|
| 69 | 69 | | manslaughter; first degree sexual assault; second degree sexual assault; third degree sexual assault; 26 |
|---|
| 70 | 70 | | first degree child molestation sexual assault; second degree child molestation sexual assault; any 27 |
|---|
| 71 | 71 | | offense under chapter 67 of title 11; assault on persons sixty (60) years of age or older; assault with 28 |
|---|
| 72 | 72 | | intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and 29 |
|---|
| 73 | 73 | | detestable crimes against nature); felony assault; patient abuse; neglect or mistreatment of patients; 30 |
|---|
| 74 | 74 | | burglary; first degree arson; robbery; unlawful possession of a firearm; felony drug offenses; felony 31 |
|---|
| 75 | 75 | | obtaining money under false pretenses; abuse, neglect and/or exploitation of adults with severe 32 |
|---|
| 76 | 76 | | impairments; exploitation of elders; felony larceny; duty to stop in accidents, resulting in injury; 33 |
|---|
| 77 | 77 | | duty to stop in accidents, resulting in serious bodily injury; duty to stop in accidents, resulting in 34 |
|---|
| 78 | 78 | | |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | LC001798 - Page 3 of 8 |
|---|
| 81 | 81 | | death; driving so as to endanger, resulting in death; driving so as to endanger, resulting in personal 1 |
|---|
| 82 | 82 | | injury; driving so as to endanger, resulting in physical injury; driving under influence of liquor or 2 |
|---|
| 83 | 83 | | drugs; refusal to submit to chemical test; driving under the influence of liquor or drugs, resulting 3 |
|---|
| 84 | 84 | | in death; driving under the influence of liquor or drugs, resulting in serious bodily injury. 4 |
|---|
| 85 | 85 | | 39-14.4-3. Background check clearance certificate. 5 |
|---|
| 86 | 86 | | (a) Except as provided in subsection (b) of this section, no person shall transport passengers 6 |
|---|
| 87 | 87 | | for hire in a taxicab, limited public motor vehicle, public motor vehicle or TNC vehicle within the 7 |
|---|
| 88 | 88 | | state without first obtaining a background check clearance certificate, as defined in in § 39-14.4-1, 8 |
|---|
| 89 | 89 | | issued by the division. The clearance certificate shall be issued to the driver; provided, however, 9 |
|---|
| 90 | 90 | | the division shall transmit the clearance certificate to any TNC permit holder identified by the 10 |
|---|
| 91 | 91 | | driver. 11 |
|---|
| 92 | 92 | | (b) The following criminal records may not be used in connection with any application for 12 |
|---|
| 93 | 93 | | a background check clearance certificate issued by the division: 13 |
|---|
| 94 | 94 | | (1) Juvenile adjudications; 14 |
|---|
| 95 | 95 | | (2) Records of arrest not followed by a valid conviction; 15 |
|---|
| 96 | 96 | | (3) Convictions that have been, pursuant to law, annulled or expunged; 16 |
|---|
| 97 | 97 | | (4) Misdemeanor convictions for which no jail sentence can be imposed. 17 |
|---|
| 98 | 98 | | (c) A person who has been convicted of a crime or crimes referenced in § 39-14.4-2(d) 18 |
|---|
| 99 | 99 | | shall not be disqualified from obtaining a background check clearance certificate if the person can 19 |
|---|
| 100 | 100 | | show competent evidence of sufficient rehabilitation and present fitness to perform the duties for 20 |
|---|
| 101 | 101 | | which the background clearance certificate is sought. The division shall consider the time elapsed 21 |
|---|
| 102 | 102 | | since the conviction when determining sufficient rehabilitation, as well as any evidence presented 22 |
|---|
| 103 | 103 | | by the applicant regarding: 23 |
|---|
| 104 | 104 | | (1) Completion of a period of at least two (2) years after release from imprisonment, or at 24 |
|---|
| 105 | 105 | | least two (2) years after the sentencing date for a probation sentence not accompanied by 25 |
|---|
| 106 | 106 | | incarceration, without subsequent conviction or pending criminal charge; 26 |
|---|
| 107 | 107 | | (2) The nature, seriousness, and relevance of the crime or crimes for which convicted; 27 |
|---|
| 108 | 108 | | (3) All circumstances relative to the crime or crimes, including mitigating circumstances 28 |
|---|
| 109 | 109 | | surrounding the commission of the crime or crimes; 29 |
|---|
| 110 | 110 | | (4) The age of the person at the time the crime or crimes were committed; 30 |
|---|
| 111 | 111 | | (5) Claims that the criminal record information is in error or inadmissible under subsection 31 |
|---|
| 112 | 112 | | (b) of this section; and 32 |
|---|
| 113 | 113 | | (6) All other competent evidence of rehabilitation and present fitness presented, including, 33 |
|---|
| 114 | 114 | | but not limited to, letters of reference by persons who have been in contact with the applicant since 34 |
|---|
| 115 | 115 | | |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | LC001798 - Page 4 of 8 |
|---|
| 118 | 118 | | the applicant's release from any state or federal correctional institution. 1 |
|---|
| 119 | 119 | | (d) Any driver denied the issuance of a background clearance certificate may appeal the 2 |
|---|
| 120 | 120 | | decision in accordance with chapter 35 of title 42 ("administrative procedures"). 3 |
|---|
| 121 | 121 | | (e) The clearance certificate shall be effective for a period of five (5) years from the date 4 |
|---|
| 122 | 122 | | of issuance by the division. 5 |
|---|
| 123 | 123 | | 39-14.4-4. Denial and appeal process. 6 |
|---|
| 124 | 124 | | (a) If the division intends to deny a background clearance certificate based solely or in part 7 |
|---|
| 125 | 125 | | on § 39-14.4-2(d), the division shall notify the individual in writing of the following prior to the 8 |
|---|
| 126 | 126 | | final decision: 9 |
|---|
| 127 | 127 | | (1) The specific conviction(s) that form the basis for the potential denial, suspension, or 10 |
|---|
| 128 | 128 | | revocation and the rationale for deeming the conviction substantially related to the relevant permit; 11 |
|---|
| 129 | 129 | | (2) A copy of the conviction history report, if any, on which the division relies; 12 |
|---|
| 130 | 130 | | (3) A statement that the applicant may provide evidence of mitigation or rehabilitation, as 13 |
|---|
| 131 | 131 | | described in § 39-14.4-3(c); and 14 |
|---|
| 132 | 132 | | (4) Instructions on how to respond to the revocation. 15 |
|---|
| 133 | 133 | | (b) After receiving the notice of potential denial, the individual shall have thirty (30) 16 |
|---|
| 134 | 134 | | business days to respond. 17 |
|---|
| 135 | 135 | | (c) If the division denies a background clearance certificate based solely or in part on § 39-18 |
|---|
| 136 | 136 | | 14.4-2(d), the division shall issue a final written decision that addresses each of the following 19 |
|---|
| 137 | 137 | | factors: 20 |
|---|
| 138 | 138 | | (1) The state's legitimate interest in equal access to employment for individuals who have 21 |
|---|
| 139 | 139 | | had past contact with the criminal justice system; 22 |
|---|
| 140 | 140 | | (2) The state's legitimate interest in protecting the property and the safety and welfare of 23 |
|---|
| 141 | 141 | | specific individuals or the general public; and 24 |
|---|
| 142 | 142 | | (3) The relationship of the crime or crimes to the ability, capacity, and fitness required to 25 |
|---|
| 143 | 143 | | perform the duties and discharge the responsibilities of the position of employment or occupation. 26 |
|---|
| 144 | 144 | | (4) The specific conviction(s) that form the basis for the denial and the rationale for 27 |
|---|
| 145 | 145 | | deeming the conviction substantially related to the relevant permit. 28 |
|---|
| 146 | 146 | | (5) The process for appealing the decision in accordance with chapter 35 of title 42 29 |
|---|
| 147 | 147 | | ("administrative procedures"); and 30 |
|---|
| 148 | 148 | | (6) The earliest date the person may reapply for an occupational license, permit, or 31 |
|---|
| 149 | 149 | | certificate, which shall not be longer than two (2) years from the date of the final decision. 32 |
|---|
| 150 | 150 | | 39-14.4-5. Destruction of fingerprint record. 33 |
|---|
| 151 | 151 | | At the conclusion of the criminal background check required in this chapter, the department 34 |
|---|
| 152 | 152 | | |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | LC001798 - Page 5 of 8 |
|---|
| 155 | 155 | | of attorney general, state police, or local police department, as appropriate, shall promptly destroy 1 |
|---|
| 156 | 156 | | the fingerprint record of the driver obtained pursuant to this chapter. 2 |
|---|
| 157 | 157 | | 39-14.4-6. Expiration of certificate. 3 |
|---|
| 158 | 158 | | The clearance certificate shall expire five (5) years from the date of issuance; provided, 4 |
|---|
| 159 | 159 | | however, that the division may invalidate a certificate and require the driver to obtain a new 5 |
|---|
| 160 | 160 | | clearance certificate if the division determines that it is in the public interest. 6 |
|---|
| 161 | 161 | | SECTION 2. Section 39-14-20 of the General Laws in Chapter 39-14 entitled "Taxicabs 7 |
|---|
| 162 | 162 | | and Limited Public Motor Vehicles" is hereby amended to read as follows: 8 |
|---|
| 163 | 163 | | 39-14-20. Licensing of operators. 9 |
|---|
| 164 | 164 | | (a) No person shall operate a taxicab or limited public motor vehicle upon the public 10 |
|---|
| 165 | 165 | | highways until the person shall have first obtained: 11 |
|---|
| 166 | 166 | | (1) An an operator’s license as provided for in chapter 10 of title 31.; 12 |
|---|
| 167 | 167 | | (2) A background check clearance certificate in accordance with chapter 14.4 of title 39. 13 |
|---|
| 168 | 168 | | Issuance of such certificate is a separate and distinct requirement from the special license required 14 |
|---|
| 169 | 169 | | in subsection (3) of this section; and 15 |
|---|
| 170 | 170 | | (b) Further, no person shall operate a taxicab or limited public motor vehicle upon the 16 |
|---|
| 171 | 171 | | highways until the person shall have first obtained a 17 |
|---|
| 172 | 172 | | (3) A special license from the division of public utilities and carriers under such rules and 18 |
|---|
| 173 | 173 | | regulations as the division of public utilities and carriers shall require. 19 |
|---|
| 174 | 174 | | SECTION 3. Section 39-14.1-8 of the General Laws in Chapter 39-14.1 entitled "Public 20 |
|---|
| 175 | 175 | | Motor Vehicles" is hereby amended to read as follows: 21 |
|---|
| 176 | 176 | | 39-14.1-8. Licensing of operators. 22 |
|---|
| 177 | 177 | | No person shall operate a public motor vehicle upon the public highways until the person 23 |
|---|
| 178 | 178 | | shall have first obtained an operator’s license as provided for in chapter 10 of title 31. Further, no 24 |
|---|
| 179 | 179 | | person shall operate a public motor vehicle upon the highways until the person shall have first 25 |
|---|
| 180 | 180 | | obtained a special license from the division of public utilities and carriers under any rules and 26 |
|---|
| 181 | 181 | | regulations that the division of public utilities and carriers shall require; and, further, until the 27 |
|---|
| 182 | 182 | | person shall have obtained from the division a background check clearance certificate in accordance 28 |
|---|
| 183 | 183 | | with chapter 14.4 of title 39. 29 |
|---|
| 184 | 184 | | SECTION 4. Section 39-14.2-7 of the General Laws in Chapter 39-14.2 entitled 30 |
|---|
| 185 | 185 | | "Transportation Network Company Services" is hereby amended to read as follows: 31 |
|---|
| 186 | 186 | | 39-14.2-7. Transportation network company operators or TNC operators, TNC 32 |
|---|
| 187 | 187 | | drivers. 33 |
|---|
| 188 | 188 | | (a) No individual shall provide TNC services or transport TNC riders in a personal vehicle 34 |
|---|
| 189 | 189 | | |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | LC001798 - Page 6 of 8 |
|---|
| 192 | 192 | | until the individual shall have first submitted to required, periodic background checks conducted 1 |
|---|
| 193 | 193 | | through the TNC in accordance with subsection (b). 2 |
|---|
| 194 | 194 | | (b) Prior to permitting an individual to accept trip requests through its digital network, a 3 |
|---|
| 195 | 195 | | TNC shall: 4 |
|---|
| 196 | 196 | | (1) Require the individual to submit an application to the TNC. The application shall 5 |
|---|
| 197 | 197 | | include the individual’s name; address; age; driver’s license number; photocopy or electronic copy 6 |
|---|
| 198 | 198 | | of the driver’s license; motor-vehicle registration for the personal vehicle that the individual intends 7 |
|---|
| 199 | 199 | | to use to provide prearranged rides; automobile liability insurance; and other information as may 8 |
|---|
| 200 | 200 | | be required by the TNC; 9 |
|---|
| 201 | 201 | | (2) Conduct, or have a third party accredited by the National Association of Professional 10 |
|---|
| 202 | 202 | | Background Screeners conduct, a local and national criminal background check for each applicant 11 |
|---|
| 203 | 203 | | that shall include: 12 |
|---|
| 204 | 204 | | (i) A multistate/multi-jurisdictional criminal records locator or other similar commercial 13 |
|---|
| 205 | 205 | | nationwide database with validation (primary source search); and 14 |
|---|
| 206 | 206 | | (ii) The Dru Sjodin National Sex Offender Public Website; and 15 |
|---|
| 207 | 207 | | (3) Obtain and review, or have a third party obtain and review, a driving history research 16 |
|---|
| 208 | 208 | | report for such driving applicant. 17 |
|---|
| 209 | 209 | | (c) The TNC shall certify that the required background checks verify that the applicant 18 |
|---|
| 210 | 210 | | meets the following criteria: 19 |
|---|
| 211 | 211 | | (1) Has not had more than three (3) moving violations in the prior three-year (3) period, or 20 |
|---|
| 212 | 212 | | one of the following major violations in the prior three-year (3) period: 21 |
|---|
| 213 | 213 | | (i) Attempting to evade the police; 22 |
|---|
| 214 | 214 | | (ii) Reckless driving; 23 |
|---|
| 215 | 215 | | (iii) Driving on a suspended license; or 24 |
|---|
| 216 | 216 | | (iv) Revoked license. 25 |
|---|
| 217 | 217 | | (2) Has not, in the past seven (7) years, been convicted of or pleaded nolo contendere to 26 |
|---|
| 218 | 218 | | any of the following: 27 |
|---|
| 219 | 219 | | (i) Driving under the influence of drugs or alcohol; 28 |
|---|
| 220 | 220 | | (ii) Felony fraud; 29 |
|---|
| 221 | 221 | | (iii) Sexual offenses; 30 |
|---|
| 222 | 222 | | (iv) Use of a motor vehicle to commit a felony; 31 |
|---|
| 223 | 223 | | (v) Felony crimes involving property damage and/or theft; or 32 |
|---|
| 224 | 224 | | (vi) Acts of violence or felony acts of terror; 33 |
|---|
| 225 | 225 | | (3) Is not a match in the Dru Sjodin National Sex Offender Public Website; 34 |
|---|
| 226 | 226 | | |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | LC001798 - Page 7 of 8 |
|---|
| 229 | 229 | | (4) Possesses a valid driver’s license; 1 |
|---|
| 230 | 230 | | (5) Possesses proof of registration for the motor vehicle to be used to provide prearranged 2 |
|---|
| 231 | 231 | | rides or TNC services; 3 |
|---|
| 232 | 232 | | (6) Possesses proof of automobile liability insurance, that satisfies the financial-4 |
|---|
| 233 | 233 | | responsibility requirement for a motor vehicle under § 31-47-2(13)(i)(A), for the motor vehicle(s) 5 |
|---|
| 234 | 234 | | to be used to provide prearranged rides or TNC services; and 6 |
|---|
| 235 | 235 | | (7) Is at least nineteen (19) years of age; and 7 |
|---|
| 236 | 236 | | (8) Has obtained from the division a background check clearance certificate as required by 8 |
|---|
| 237 | 237 | | § 39-14.4-3. 9 |
|---|
| 238 | 238 | | (d) TNC operators may be affiliated with or may “partner” with more than one properly 10 |
|---|
| 239 | 239 | | permitted transportation network company to provide TNC services. 11 |
|---|
| 240 | 240 | | SECTION 5. This act shall take effect upon passage. 12 |
|---|
| 241 | 241 | | ======== |
|---|
| 242 | 242 | | LC001798 |
|---|
| 243 | 243 | | ======== |
|---|
| 244 | 244 | | |
|---|
| 245 | 245 | | |
|---|
| 246 | 246 | | LC001798 - Page 8 of 8 |
|---|
| 247 | 247 | | EXPLANATION |
|---|
| 248 | 248 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 249 | 249 | | OF |
|---|
| 250 | 250 | | A N A C T |
|---|
| 251 | 251 | | RELATING TO PUBLIC UTILITIES AND CARRIERS -- DRIVER NATIONAL CRIMINAL |
|---|
| 252 | 252 | | BACKGROUND CHECK |
|---|
| 253 | 253 | | *** |
|---|
| 254 | 254 | | This act would provide a criminal background check procedure for for-hire intrastate 1 |
|---|
| 255 | 255 | | passenger transportation services. 2 |
|---|
| 256 | 256 | | This act would take effect upon passage. 3 |
|---|
| 257 | 257 | | ======== |
|---|
| 258 | 258 | | LC001798 |
|---|
| 259 | 259 | | ======== |
|---|