2015 -- H 5609

========

LC001178

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DRIVERS OF TAXICABS,

LIMITED PUBLIC MOTOR VEHICLES AND PUBLIC MOTOR VEHICLES

     Introduced By: Representatives Jacquard, and Nunes

     Date Introduced: February 25, 2015

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

CARRIERS" is hereby amended by adding thereto the following chapter:

CHAPTER 14.2

NATIONAL CRIMINAL RECORDS CHECK

     39-14.2-1. Declaration of purpose and policy. -- The legislature hereby finds the

following legislation to be in the public interest for these reasons:

     (1) Public passengers have a right to expect safe passage in for-hire vehicles such as

taxicabs and limited public motor vehicles and public motor vehicles as defined in chapters 14

and 14.1 of title 39.

     (2) Foreign travelers and local residents alike have a right when hailing or hiring a ride to

expect that the driver of the vehicle has undergone a thorough criminal record vetting process.

     (3) That the goal of a criminal background check is to eliminate, or minimize to the

greatest extent, the possibility that the regulated driver may in any way put the passenger's safety

and well-being at risk.

     (4) A criminal records check limited to Rhode Island does not adequately inform the

regulating authority of the driver's criminal history beyond this small state's borders,

     (5) Only a complete nationwide review of an applicant driver's criminal record can

provide adequate information for license-issuance intended to protect the riding public.

     (6) The Rhode Island passenger carrier industry deserves a threshold level of quality and

safety standards that do not encourage the employment or harboring of drivers with out-of-state

disqualifying criminal records who otherwise would be disqualified to drive had the same

criminal record originated in-state.

     39-14.2-2. Definitions. -- As used in this chapter:

     (1) "Conviction" means, in addition to judgments of conviction entered by a court

subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has

entered a plea of nolo contendere, regardless of the disposition of sentence, including a sentence

of probation, and those instances where a defendant has entered into a deferred sentence

agreement with the attorney general.

     (2) "Division" means the Rhode Island division of public utilities and carriers.

     (3) "Disqualifying information" means information produced by a criminal records check

pertaining to conviction, for the following crimes which will result in a letter to the applicant and

the division disqualifying the applicant from issuance of a HACKNEY OPERATOR'S LICENSE:

Murder, voluntary manslaughter, involuntary manslaughter, first degree sexual assault, second

degree sexual assault, third degree sexual assault, first degree child molestation sexual assault,

second degree child molestation sexual assault, assault on persons sixty (60) years of age or older,

assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the

abominable and detestable crime against nature) felony assault, burglary, breaking and entering,

first degree arson, robbery, felony drug offenses, larceny or driving under the influence of liquor

or drugs.

     (4) "Driver" means a person required to hold a hackney operator's license who delivers

passengers for hire as contemplated in Rhode Island general laws chapters 14 and 14.1 of title 39.

     (5) "Applicant" means any individual seeking a hackney operator's license for the first

time or a renewal of one previously issued by the division.

     (6) "Hackney operator's license" means a special license, commonly referred to as a "blue

card" issued by the division, authorizing the holder thereof to transport passengers in a taxicab,

limited public motor vehicle or public motor vehicle in accordance with §§ 39-l4-20 or 39-14.1-8.

     39-14.2-3. Powers of division. -- The division may prescribe any rules and regulations or

policy that it deems proper to foster the intent of this chapter and to assure safe passenger service

to the public.

     39-14.2-4. National criminal records check. -- (a) Starting on September 1. 2015, all

first-time applicants for a division-issued hackney operator's license shall undergo a one-time

national criminal records check. Individuals who possess an active division-issued hackney

LC001178 - Page 2 of 4

operator's license on September 1, 2015, shall undergo a one-time national criminal records check

at the time they next seek to renew their hackney operator's license. Any former hackney operator

licensee seeking to renew or reactivate a hackney operator's license that has been expired for

more than twelve (12) months shall be treated as a first-time applicant and shall undergo a one-

time national criminal records check.

     (b) The person shall apply to the bureau of criminal identification (BCI), department of

attorney general, state police or local police department where he or she resides, for a national

criminal records check. Fingerprinting shall be required. Upon the discovery of any disqualifying

information, the bureau of criminal identification, state police or local police department shall

inform the applicant in writing of the nature of the disqualifying information and, without

disclosing the nature of the disqualifying information will notify the division in writing that

disqualifying information has been discovered.

     (c) In those situations in which no disqualifying information has been found, the bureau

of criminal identification, state police or local police department shall inform the applicant and

the division in writing of this fact.

     (d) An applicant against whom disqualifying information has been found may provide a

copy of the national criminal records check to the division. The division shall make an

independent judgment regarding the licensing of the applicant based on any and all information

provided, and in accordance with rules and regulations adopted by the division.

     (e) The division shall maintain on file evidence that criminal records checks have been

initiated on all applicants after September 1, 2015 and the results of the checks.

     (f) The applicant shall be responsible for the costs of the national criminal records check.

However, any applicant required to provide a national criminal background check to the division

shall not be required to provide a Rhode Island statewide criminal background check during the

same application process.

     SECTION 2. This act shall take effect on September 1, 2015.

========

LC001178

========

LC001178 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DRIVERS OF TAXICABS,

LIMITED PUBLIC MOTOR VEHICLES AND PUBLIC MOTOR VEHICLES

***

     This act would require anyone seeking the issuance or renewal of a hackney operator's

license for the purpose of driving a taxicab, limited public motor vehicle, or public motor vehicle

to undergo a national and state criminal background check.

     This act would take effect on September 1, 2015.

========

LC001178

========

LC001178 - Page 4 of 4