The bill introduces a new chapter, Chapter 14.4, to Title 39 of the General Laws, titled "Driver National Criminal Background Check." This chapter mandates that no driver may transport passengers for hire in various vehicles, including taxicabs, limited public motor vehicles, public motor vehicles, and transportation network company (TNC) vehicles, without first undergoing a national and state criminal background check. The driver is required to apply for this check through the bureau of criminal identification, state police, or local police department, and must bear the cost of the check.
The bill outlines the process for obtaining a background check clearance certificate, which is necessary for drivers seeking initial authority to provide for-hire services. It specifies the types of disqualifying information that would prevent a driver from obtaining this certificate, including serious criminal convictions such as murder, sexual assault, and various felony offenses. However, it also allows for the possibility of rehabilitation to be considered for individuals with prior convictions, provided they can demonstrate sufficient evidence of rehabilitation.
Additionally, the bill amends existing sections related to the licensing of operators for taxicabs, public motor vehicles, and TNC services, emphasizing that the background check clearance certificate is a separate requirement from other licenses. It establishes an appeal process for individuals denied a certificate based on their criminal history, requiring the division to notify the individual of the specific convictions leading to the denial and allowing them to provide evidence of rehabilitation.
The bill includes provisions for the destruction of fingerprint records after the completion of the background check and establishes that the clearance certificate will expire five years from the date of issuance, unless invalidated by the division for public interest reasons.
Statutes affected: 598: 39-14-20, 39-14.1-8, 39-14.2-7