2013 -- H 5355 SUBSTITUTE A AS AMENDED

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LC00836/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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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 12, 2013

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

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

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

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     CHAPTER 14.2

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NATIONAL CRIMINAL RECORDS CHECK

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

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

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     WHEREAS, Public passengers have a right to expect safe passage in for-hire vehicles

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such as taxicabs and limited public motor vehicles and public motor vehicles as defined in

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chapters 14 and 14.1 of Title 39 of the Rhode Island General Laws.

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     WHEREAS, Foreign travelers and local residents alike have a right when hailing or

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hiring a ride to expect that the driver of said vehicle has undergone a thorough criminal record

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vetting process.

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     WHEREAS, That the goal of a criminal background check is to eliminate, or minimize to

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

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safety and well-being at risk.

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     WHEREAS, A criminal records check limited to Rhode Island does not adequately

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

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     WHEREAS, Only a complete nationwide review of an applicant driver's criminal record

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

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     WHEREAS, The Rhode Island passenger carrier industry deserves a threshold level of

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quality and safety standards that do not encourage the employment or harboring of drivers with

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out-of-state disqualifying criminal records who otherwise would be disqualified to drive had the

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same criminal record originated in-state.

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

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

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

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

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

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agreement with the attorney general.

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

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

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

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

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

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

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

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

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

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

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or drugs.

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

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

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

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

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

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

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limited public motor vehicle or public motor vehicle in accordance with Rhode Island general

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laws section 39-l4-20 or 39-14.1-8.

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

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

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to the public.

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     39-14.2-4. National criminal records check. -- (a) Starting on September 1. 2013, all

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

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

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operator's license on September 1, 2013, shall undergo a one-time national criminal records check

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

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

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

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time national criminal records check.

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

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

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

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

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

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

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disqualifying information has been discovered.

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

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

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the division in writing of this fact.

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

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initiated on all applicants after September 1, 2013 and the results of the checks.

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

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

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

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same application process.

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     SECTION 2. This act shall take effect on September 1, 2013.

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LC00836/SUB A

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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

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

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

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to undergo a national and state criminal background check.

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     This act would take effect on September 1, 2013.

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LC00836/SUB A

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