39:5H-17 Criminal background checks for drivers.

17. a. (1) A transportation network company registered as a business in the State or operating in the State prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) shall have six months from the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) to have the Attorney General approve the method that a transportation network company, or third party designated by the transportation network company, proposes to use to conduct a criminal background check for an applicant or driver.

If the Attorney General does not approve the method that a transportation network company registered as a business in the State or operating in the State prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.), or third party designated by the transportation network company, proposes to use to conduct a criminal background check within six months of the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.), the transportation network company shall not permit an applicant to log on to its digital network as a driver or provide a prearranged ride as a driver until the applicant submits to a criminal history record background check pursuant to subsection e. of this section and the Division of State Police provides the transportation network company with information concerning the applicant's eligibility to be a driver pursuant to paragraph (3) of subsection e. of this section.

(2) A transportation network company that is not registered as a business in the State or operating in the State prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) shall not operate in the State prior to:

(a) the Attorney General approving, within six months of submission, the method that the transportation network company, or third party designated by the transportation network company, proposes to use to conduct a criminal background check; or

(b) the transportation network company's applicants submitting to a criminal history record background check pursuant to subsection e. of this section.

b. The Attorney General shall not approve a criminal background check conducted by a transportation network company, or a third party designated by the transportation network company, pursuant to subsection a. of this section unless the check includes a search of:

(1) a multi-state and multi-jurisdictional criminal records locator or other similar commercial nationwide database with validation; and

(2) the United States Department of Justice's Dru Sjodin National Sex Offender Public Website.

c. If the Attorney General approves the method that a transportation network company, or a third party designated by the transportation network company, proposes to use to conduct a criminal background check, the transportation network company, or a third party designated by the transportation network company, shall conduct a criminal background check approved by the Attorney General prior to allowing an applicant to log on to the transportation network company's digital network as a transportation network company driver or to provide a prearranged ride as a transportation network company driver.

d. If the Attorney General approves the method that a transportation network company registered as a business in the State or operating in the State prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.), or a third party designated by the transportation network company, proposes to use to conduct a criminal background check, the transportation network company shall have 30 days from the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) to conduct, or have a third party designated by the transportation network company conduct, a criminal background check for a driver utilizing the transportation network company's digital network as a driver prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) using the method approved by the Attorney General, unless the transportation network company, or a third party designated by the transportation network company, conducted a criminal background check for the driver prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) using the method approved by the Attorney General.

e. (1) If the Attorney General does not approve the method that a transportation network company, or a third party designated by the transportation network company, proposes to use to conduct a criminal background check, an applicant shall provide to the Division of State Police the applicant's name, address, fingerprints, and written consent for a criminal history record background check to be performed by the Division of State Police, in accordance with regulations adopted under chapter 59 of Title 13 of the New Jersey Administrative Code, prior to logging on to a transportation network company's digital network as a driver or providing a prearranged ride as a transportation network company driver. The Division of State Police may exchange fingerprint data with, and receive criminal history record information from, the Federal Bureau of Investigation for the use in determining an applicant's eligibility to be a transportation network company driver pursuant to subsection a. of section 20 of P.L.2017, c.26 (C.39:5H-20) based upon results of the applicant's criminal history record background check.

(2) If the Attorney General does not approve the method that a transportation network company registered as a business in the State or operating in the State prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.), or a third party designated by the transportation network company, proposes to use to conduct a criminal background check, a transportation network company shall require a driver utilizing the transportation network company's digital network as a driver prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) to provide to the Division of State Police the driver's name, address, fingerprints, and written consent for a criminal history record background check to be performed by the Division of State Police, in accordance with regulations adopted under chapter 59 of Title 13 of the New Jersey Administrative Code. The Division of State Police may exchange fingerprint data with, and receive criminal history record information from, the Federal Bureau of Investigation for the use in determining a driver's eligibility to be a transportation network company driver pursuant to subsection a. of section 20 of P.L.2017, c.26 (C.39:5H-20) based upon results of the driver's criminal history record background check.

(3) The Superintendent of State Police shall inform the transportation network company that an applicant or driver is ineligible to be a transportation network company driver pursuant to subsection a. of section 20 of P.L.2017, c.26 (C.39:5H-20).

(4) The cost of the criminal history record background check conducted pursuant to this subsection, including all costs of administering and processing the criminal history record background check, shall be borne by the applicant or driver, as applicable.

L.2017, c.26, s.17.