New Jersey § 39:5h-17

§ 39:5h-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 , 1 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. 1

N.J.A.C. 13:59-1.1 et seq.