2022 -- H 7841

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LC005245

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- TAXICABS AND LIMITED

PUBLIC MOTOR VEHICLES

     

     Introduced By: Representatives Corvese, Vella-Wilkinson, Azzinaro, and Kennedy

     Date Introduced: March 04, 2022

     Referred To: House Corporations

     (Division of Public Utilities and Carriers)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-14-20 of the General Laws in Chapter 39-14 entitled "Taxicabs

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and Limited Public Motor Vehicles" is hereby amended to read as follows:

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     39-14-20. Licensing of operators.

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     (a) No person shall operate a taxicab or limited public motor vehicle upon the public

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highways until the person shall have first obtained:

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     (1) An an operator's license as provided for in chapter 10 of title 31.;

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     (2) A background check clearance certificate in accordance with chapter 14.3 of title 39.

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Issuance of such certificate is a separate and distinct requirement from the special license required

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in subsection (3) of this section; and

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     (b) Further, no person shall operate a taxicab or limited public motor vehicle upon the

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highways until the person shall have first obtained a

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     (3) A special license from the division of public utilities and carriers under such rules and

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regulations as the division of public utilities and carriers shall require.

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     SECTION 2. Section 39-14.1-8 of the General Laws in Chapter 39-14.1 entitled "Public

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Motor Vehicles" is hereby amended to read as follows:

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     39-14.1-8. Licensing of operators.

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     No person shall operate a public motor vehicle upon the public highways until the person

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shall have first obtained an operator's license as provided for in chapter 10 of title 31. Further, no

 

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person shall operate a public motor vehicle upon the highways until the person shall have first

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obtained a special license from the division of public utilities and carriers under any rules and

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regulations that the division of public utilities and carriers shall require; and provided further, until

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the person shall have obtained a background check clearance certificate from the division pursuant

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to chapter 14.3 of title 39.

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     SECTION 3. Section 39-14.2-7 of the General Laws in Chapter 39-14.2 entitled

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"Transportation Network Company Services" is hereby amended to read as follows:

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     39-14.2-7. Transportation network company operators or TNC operators, TNC

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drivers.

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     (a) No individual shall provide TNC services or transport TNC riders in a personal vehicle

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until the individual shall have first submitted to required, periodic background checks conducted

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through the TNC in accordance with subsection (b).

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     (b) Prior to permitting an individual to accept trip requests through its digital network, a

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TNC shall:

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     (1) Require the individual to submit an application to the TNC. The application shall

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include the individual's name; address; age; driver's license number; photocopy or electronic copy

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of the driver's license; motor-vehicle registration for the personal vehicle that the individual intends

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to use to provide prearranged rides; automobile liability insurance; and other information as may

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be required by the TNC;

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     (2) Conduct, or have a third party accredited by the National Association of Professional

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Background Screeners conduct, a local and national criminal background check for each applicant

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that shall include:

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     (i) A multistate/multi-jurisdictional criminal records locator or other similar commercial

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nationwide database with validation (primary source search); and

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     (ii) The Dru Sjodin National Sex Offender Public Website; and

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     (3) Obtain and review, or have a third party obtain and review, a driving history research

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report for such driving applicant.

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     (c) The TNC shall certify that the required background checks verify that the applicant

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meets the following criteria:

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     (1) Has not had more than three (3) moving violations in the prior three-year (3) period, or

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one of the following major violations in the prior three-year (3) period:

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     (i) Attempting to evade the police;

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     (ii) Reckless driving;

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     (iii) Driving on a suspended license; or

 

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     (iv) Revoked license.

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     (2) Has not, in the past seven (7) years, been convicted of or pleaded nolo contendere to

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any of the following:

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     (i) Driving under the influence of drugs or alcohol;

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     (ii) Felony fraud;

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     (iii) Sexual offenses;

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     (iv) Use of a motor vehicle to commit a felony;

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     (v) Felony crimes involving property damage and/or theft; or

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     (vi) Acts of violence or felony acts of terror;

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     (3) Is not a match in the Dru Sjodin National Sex Offender Public Website;

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     (4) Possesses a valid driver's license;

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     (5) Possesses proof of registration for the motor vehicle to be used to provide prearranged

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rides or TNC services;

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     (6) Possesses proof of automobile liability insurance, that satisfies the financial-

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responsibility requirement for a motor vehicle under § 31-47-2(13)(i)(A), for the motor vehicle(s)

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to be used to provide prearranged rides or TNC services; and

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     (7) Is at least nineteen (19) years of age.

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     (8) Has obtained a background check clearance certificate from the division pursuant to §

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39-14.3-3.

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     (d) TNC operators may be affiliated with or may "partner" with more than one properly

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permitted transportation network company to provide TNC services.

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     SECTION 4. 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 14.3

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DRIVER NATIONAL CRIMINAL BACKGROUND CHECK

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     39-14.3-1. Definitions.

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     As used in this chapter:

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     (1) “Administrator” means the administrator of the division of public utilities and carriers.

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     (2) “Background check clearance certificate” means verification issued by the division,

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electronically or otherwise, that the driver has successfully completed the background check

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required under this section.

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     (3) “Clearance certificate” means a background check clearance certificate.

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     (4) “Conviction” means judgments of conviction entered by a court, subsequent to a finding

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of guilty or a plea of guilty; and those instances where a defendant has entered a plea of nolo

 

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contendere and has received a sentence of probation; and those instances where a defendant has

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entered into a deferred sentence agreement with the attorney general.

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     (5) “Driver” means any person seeking initial authority to provide for-hire passenger

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transportation services under chapters 14, 14.1, and 14.2 of title 39.

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     (6) “Division” means the Rhode Island division of public utilities and carriers.

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     (7) “Initial authority” means first-time and renewal applicants for a special operator’s

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license as defined in §§ 39-14-20 and 39-14.1-8; first-time TNC operators; and for active TNC

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operators, as defined in § 39-14.2-1, subject to subsequent periodic background checks as required

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in § 39-14.2-7, no later than December 31, 2019.

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     (8) “TNC” means transportation network company as defined in 39-14.2-1.

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     39-14.3-2. Background check required.

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     (a) No driver shall transport passengers for hire in a taxicab, limited public motor vehicle,

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public motor vehicle or TNC vehicle within the state without first having undergone a national and

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state criminal background check in accordance with this chapter. The driver shall apply to the

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bureau of criminal identification (BCI), department of attorney general, state police, or local police

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department where they reside, for a national and state criminal records check. Fingerprinting shall

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be required. The driver shall be responsible for the cost of conducting the national criminal

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background check.

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     (b) In instances which no disqualifying information has been found, the bureau of criminal

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identification, state police, or local police department shall inform the driver and the division, in

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writing, of this fact.

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     (c) Upon the discovery of any disqualifying information as defined in subsection (d) of this

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

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the driver, in writing, of the nature of the disqualifying information; and, without disclosing the

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

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information has been discovered.

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     (d) For the purposes of this chapter, “disqualifying information” means: information

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produced by a national criminal records check pertaining to conviction for the following crimes

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which will result in a letter to the driver and the division: murder; voluntary manslaughter;

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involuntary manslaughter; first degree sexual assault; second degree sexual assault; third degree

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sexual assault; first degree child molestation sexual assault; second degree child molestation sexual

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assault; any offense under chapter 67 of title 11; 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 abominable

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and detestable crimes against nature); felony assault; patient abuse; neglect or mistreatment of

 

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patients; burglary; first degree arson; robbery; unlawful possession of a firearm; felony drug

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offenses; felony obtaining money under false pretenses; abuse, neglect and/or exploitation of adults

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with severe impairments; exploitation of elders; felony larceny; duty to stop in accidents, resulting

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in injury; duty to stop in accidents, resulting in serious bodily injury; duty to stop in accidents,

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resulting in death; driving so as to endanger, resulting in death; driving so as to endanger, resulting

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in personal injury; driving so as to endanger, resulting in physical injury; driving under the

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influence of liquor or drugs; refusal to submit to chemical test; driving under the influence of liquor

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or drugs, resulting in death; driving under the influence of liquor or drugs, resulting in serious

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bodily injury.

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     39-14.3-3. Background check clearance certificate.

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     (a) No person shall transport passengers for hire in a taxicab, limited public motor vehicle,

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public motor vehicle or TNC vehicle within the state without first obtaining a background clearance

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certificate issued by the division. The clearance certificate shall be issued to the driver; provided,

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however, the division shall transmit the clearance certificate to any TNC permit holder identified

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by the driver.

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     (b) The division shall not issue a clearance certificate to any driver against whom

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disqualifying information has been found; provided, however, that any driver denied the issuance

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of a clearance certificate may seek reconsideration in accordance with § 39-14.3-4.

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     (c) The clearance certificate shall be effective for a period of five (5) years from the date

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of issuance by the division.

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     39-14.3-4. Reconsideration and appeal process.

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     (a) Any driver who has been denied the issuance of a clearance certificate may request that

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a copy of the criminal background report be sent to the division with a request in writing that the

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administrator reconsider the denial with a detailed explanation to justify such reconsideration.

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     (b) The administrator shall consider the following factors in determining whether to grant

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the reconsideration and issue a clearance certificate:

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     (1) The amount of time since the disposition of the disqualifying conviction(s);

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     (2) The age of the driver at the time of the disqualifying conviction(s);

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     (3) The seriousness and circumstances of the disqualifying conviction(s);

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     (4) The number of disqualifying convictions;

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     (5) Any pending charges;

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     (6) Evidence of rehabilitation or lack thereof; and

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     (7) Any other information the division deems relevant.

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     39-14.3-5. Destruction of fingerprint record.

 

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     At the conclusion of the criminal background check required in this chapter, the department

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of attorney general, state police, or local police department, as appropriate, shall promptly destroy

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the fingerprint record of the driver obtained pursuant to this chapter.

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     39-14.3-6. Expiration of certificate.

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     The clearance certificate shall expire five (5) years from the date of issuance; provided,

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however, that the division may invalidate a certificate and require the driver to obtain a new

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clearance certificate if the division determines that it is in the public interest.

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     SECTION 5. This act shall take effect upon passage.

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LC005245

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- TAXICABS AND LIMITED

PUBLIC MOTOR VEHICLES

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     This act would require national and state background checks for certain drivers transporting

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passengers for hire.

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     This act would take effect upon passage.

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LC005245

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