S 1249 — Requires transportation network companies to share information concerning sexual misconduct investigation of driver; authorizes transportation network company to ban drivers from accessing digital network during and following investigation.

S1249 1R [First Reprint] SENATE, No.

  CURRENT VERSION OF TEXT      IntroducedAs Pendingreported Technicalby Reviewthe bySenate LegislativeTransportation Counsel.Committee on May 11, 2026, with amendments.

       1.    Section 2 of P.L.2017, c.26 (C.39:5H-2) is amended to read as follows:follows:       2.    As used in P.L.2017, c.26 (C.39:5H-1 et seq.):       "Applicant" means a person who applies to a transportation network company to be a transportation network company driver.

     2.    As used in P.L.2017, c.26 (C.39:5H-1 et seq.):

     "Applicant" means a person who applies to a transportation network company to be a transportation network company driver.

     1“Covered incident” means a report of sexual misconduct or physical assault that occurred in connection with a digital network, which caused the transportation network company to prohibit the transportation network driver from utilizing the digital network.1      "Digital network" means any online-enabled technology application, service, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides between transportation network company riders and transportation network company drivers.

     "Machine-readable1“In codeconnection orwith image" means an optical label that can be scanned using a specialdigital scannernetwork” ormeans athe personalincident mobileoccurred: device with a built-in camera.

     (1) "Personalduring vehicle" means a motorride vehiclefacilitated that is used by a transportation network companycompany, driverregardless toof providewhether prearranged rides and is owned, leased, or otherwise authorized for use by the transportationtrip networkwas companyprearranged driver. through A personal vehicle shall not be considered an autocab or taxi as defined in R.S.48:16-1, a limousinedigital asnetwork; defined in R.S.48:16-13 or section 2 of P.L.1997, c.356 (C.48:16-13.1), an autobus or jitney as defined in R.S.48:16-23, a motor bus as defined in section of P.L.1991, c.154 (C.17:28-1.5), or any other for-hire vehicle.  A personal vehicle shall not be considered an automobile as defined in subsection a.

or (2) between a transportation network driver and transportation network rider or riders within 48 hours of the completion of a prearranged ride, regardless of whether the parties were connected to the digital network at the time of the incident.1      "Machine-readable code or image" means an optical label that can be scanned using a special scanner or a personal mobile device with a built-in camera.

     "Personal vehicle" means a motor vehicle that is used by a transportation network company driver to provide prearranged rides and is owned, leased, or otherwise authorized for use by the transportation network company driver.  A personal vehicle shall not be considered an autocab or taxi as defined in R.S.48:16-1, a limousine as defined in R.S.48:16-13 or section 2 of P.L.1997, c.356 (C.48:16-13.1), an autobus or jitney as defined in R.S.48:16-23, a motor bus as defined in section of P.L.1991, c.154 (C.17:28-1.5), 1a vehicle licensed as a for-hire vehicle by the New York City Taxi and Limousine Commission,1 or any other for-hire vehicle.  A personal vehicle shall not be considered an automobile as defined in subsection a.

     “Sexual misconduct” means any verbal,1[verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a rider that is designed to establish a sexual relationship with the rider, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent or erotic contact with a rider.rider] act of a sexually-aggressive, sexually-violent, or suggestive nature directed toward or taken with a rider or riders.

 “Sexual misconduct” includes, but is not limited to, physical misconduct of a sexual nature such as sexual penetration, touching, or kissing, as well as behavioral misconduct of a sexual nature such as verbal sexual threats or intimidation, unsolicited sexual or romantic advances, or sexual self-exposure.  A rider subject to a form of sexual misconduct that is not one of the acts of physical or behavioral misconduct included in this definition may report the incident to the transportation network company for consideration as an incident of sexual misconduct1.

P.L.2019, P.L.2019, c.128, s.1)        2.    Section 16 of P.L.2017, c.26 (C.39:5H-16) is amended to read as follows:follows:       16.  a.  A transportation network company shall require an applicant, as defined in section 2 of P.L.2017, c.26 (C.39:5H-2), to submit a transportation network company driver application to the transportation network company.  The application shall include the applicant's address, age, and social security number, a copy of the applicant's driver's license, motor vehicle registration, and automobile liability insurance, a written statement in accordance with subsection b.

     16.  a.  A transportation network company shall require an applicant, as defined in section 2 of P.L.2017, c.26 (C.39:5H-2), to submit a transportation network company driver application to the transportation network company.  The application shall include the applicant's address, age, and social security number, a copy of the applicant's driver's license, motor vehicle registration, and automobile liability insurance, a written statement in accordance with subsection b.

of this section shall include:include:       (1)   a list of any transportation network company for which the applicant has ever served as a transportation network company driver;

     (1)  (2)   a listwritten statement as to whether the applicant has been the subject of any transportation1substantiated1 networksexual companymisconduct forinvestigation which1for a covered incident1 in connection with the applicantapplicant’s work as a transportation network company driver or has ever servedbeen asdisciplined or banned from accessing a digital network by a transportation network company driver;in relation to 1[any sexual misconduct allegation, unless an investigation resulted in a finding that the allegations were false or the alleged incident of sexual misconduct was not substantiated] a covered incident1;

     (2)   a written statement as to whether the applicant has been the subject of any sexual misconduct investigation in connection with the applicant’s work as a transportation network company driver or has ever been disciplined or banned from accessing a digital network by a transportation network company in relation to any sexual misconduct allegation, unless an investigation resulted in a finding that the allegations were false or the alleged incident of sexual misconduct was not substantiated;

of this section by contacting those transportation network companies and requesting the following information:information:       (1)   the range of dates between which the applicant utilized the company’s digital network as a transportation network company driver;

     (1)  (2)   a statement as to whether the rangeapplicant has ever been the subject of datesany between1substantiated1 whichsexual themisconduct applicantinvestigation utilized1for a covered incident1 in connection with the company’sapplicant’s digitalwork as a transportation network ascompany driver or has ever been disciplined or banned from accessing a digital network by the transportation network company driver;in relation to 1[any sexual misconduct allegation, unless an investigation resulted in a finding that the allegations were false or the alleged incident of sexual misconduct was not substantiated] a covered incident1.

     (2)   a statement as to whether the applicant has ever been the subject of any sexual misconduct investigation in connection with the applicant’s work as a transportation network company driver or has ever been disciplined or banned from accessing a digital network by the transportation network company in relation to any sexual misconduct allegation, unless an investigation resulted in a finding that the allegations were false or the alleged incident of sexual misconduct was not substantiated.

(cf:(cf:  P.L.2017, c.26, s.16)        3.    (New section)    a.  A transportation network company that receives an allegation of sexual misconduct 1, in connection with a digital network,1 alleged to have been committed by a driver that utilizes the transportation network company’s digital network shall notify each registered transportation network company in the State of the allegation, the status of any investigation into the allegation, and the ultimate results or findings of the investigation into the allegation.  If the allegation results in the commencement of a criminal investigation and the transportation network company is aware of the criminal investigation, the transportation network company shall also notify each registered transportation network company in the State of that information.

P.L.2017, c.26, s.16)        3.    (New section)    a.  A transportation network company that receives an allegation of sexual misconduct alleged to have been committed by a driver that utilizes the transportation network company’s digital network shall notify each registered transportation network company in the State of the allegation, the status of any investigation into the allegation, and the ultimate results or findings of the investigation into the allegation.  If the allegation results in the commencement of a criminal investigation and the transportation network company is aware of the criminal investigation, the transportation network company shall also notify each registered transportation network company in the State of that information.

       4.   1[4. Section 17 of P.L.2017, c.26 (C.39:5H-17) is amended to read as follows:

Section 17 of P.L.2017, c.26 (C.39:5H-17) is amended to read as follows:

P.L.2017, c.26, s.17)s.17)]1        5.   1[5.] 4.1     This act shall take effect immediately.

    STATEMENT        This bill requires applicants to be transportation network company (TNC) drivers to provide information during the application process about other TNCs that the applicant has worked for and a statement on whether the applicant has been the subject of a sexual misconduct investigation in connection with the applicant’s work as a TNC driver.  The bill authorizes a TNC to ban drivers from accessing a TNC’s digital network if the driver is the subject of an ongoing investigation into sexual misconduct allegations arising out of the driver’s work as a TNC driver or if an investigation has been completed and has resulted in a finding that the driver engaged in sexual misconduct connected to the driver’s role as a TNC driver.  If the investigation results in inconclusive findings or in a finding that the allegations were false or the allegations are not substantiated, the TNC is authorized to consider the totality of the circumstances and to elect to prohibit the driver from utilizing the TNC’s digital network, notwithstanding the results of the investigation.

     A TNC that receives an allegation of sexual misconduct committed by a driver is required to notify each registered TNC in the State of the allegation, the status of any investigation, and the ultimate results or findings of the investigation.  If the TNC becomes aware of a criminal investigation regarding the allegations, the TNC is required to notify each registered TNC of that information.

     The bill prohibits the Attorney General from approving a criminal background check conducted by a TNC, or a third party designated by the TNC, unless the check includes a mechanism by which the TNC receives timely notice when any individual who the company allows to log on to the TNC’s digital network as a TNC driver or to provide a prearranged ride as a TNC driver is arrested for or convicted of a crime or offense in this State after the initial criminal background check of the individual has been conducted.