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HB 5546

AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS -- DRIVER NATIONAL CRIMINAL BACKGROUND CHECK

2025 Regular Session Introduced by Doc Corvese

Requires state and national background checks with fingerprints for for-hire drivers; the Division issues a five-year clearance certificate to permit operation.

04/08/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5546

Bill Summary — HB 5546 (2025)

Title: AN ACT RELATING TO PUBLIC UTILITIES AND CARRIERS — DRIVER NATIONAL CRIMINAL BACKGROUND CHECK
Introduced: Feb 26 / Mar 14, 2025 — Rep. Arthur J. Corvese
Status (most recent): 04/08/2025 — Committee recommended measure be held for further study

Purpose

To require statewide national and state criminal background checks (including fingerprinting) for people who seek authority to transport passengers for hire (taxicabs, public motor vehicles, limited public motor vehicles, and transportation network company (TNC) drivers), and to establish a Division-issued background check clearance certificate that is valid for five years.

Key provisions

  • New Chapter added to Title 39 (Public Utilities and Carriers) establishing definitions, procedures, and standards for driver criminal background checks (39-14.4).
  • Who is covered:
    • Any person seeking initial authority or renewal for special operator’s licenses (§§39-14, 39-14.1, 39-14.2), first-time TNC operators, and certain active TNC operators subject to periodic checks.
    • “Driver” is broadly defined to cover intrastate for-hire passenger transportation.
  • Background checks:
    • Drivers must apply to the Bureau of Criminal Identification (BCI), Department of Attorney General, state police, or local police where they reside for a state and national criminal records check; fingerprinting is required.
    • The driver pays the cost of the national criminal background check.
    • If no disqualifying information is found, BCI/state/local police notify both the driver and the Division.
    • If disqualifying information is found, the driver is informed in writing of the nature of the information; the Division is told only that disqualifying information exists (not details).
  • Disqualifying offenses:
    • A detailed list of convictions that will trigger notification and potential denial, including murder, sexual assaults, child molestation, various felonies (burglary, robbery, arson, drug felonies), serious motor vehicle offenses (DUI causing injury/death), abuse/neglect/exploitation statutes, etc.
  • Clearance certificate:
    • Issued by the Division to drivers; the Division will transmit the clearance to any TNC permit holder identified by the driver.
    • Valid for five (5) years from issuance.
    • Certain records are excluded from consideration: juvenile adjudications, arrests without convictions, annulled/expunged convictions, and misdemeanors for which no jail sentence can be imposed.
  • Rehabilitation and appeals:
    • Applicants with listed convictions may still obtain a certificate if they prove sufficient rehabilitation and present fitness. The Division must consider factors such as time since conviction (minimum two years after release or sentence for eligibility consideration), nature of offense, age at commission, mitigating circumstances, and letters of reference.
    • Any denial may be appealed under Rhode Island’s administrative procedures (chapter 35 of title 42).
  • (Note: Section 39-14.4-4 is truncated in the provided text; however, appeals and denial processes are referenced.)

Who is affected

  • Primary: prospective and renewing for-hire drivers (taxi, livery, TNC).
  • Secondary: TNC permit holders (receive drivers’ clearance), Division of Public Utilities & Carriers (administration, enforcement), and law enforcement/BCI (conducting checks).
  • Potentially affected: applicants with prior convictions, advocacy groups focused on reentry/employment, and drivers who bear the cost of fingerprinting/background checks.

Administrative/Timeline notes

  • Certificate duration: 5 years.
  • Drivers responsible for background-check costs.
  • The bill references periodic checks for active TNC operators as required by §39-14.2-7 (and includes an apparent prior deadline language — “no later than December 31, 2019” — carried in the definitions).
  • Legislative status: Introduced and referred to House Corporations; public hearing held; read and referred; on 04/08/2025 the committee recommended holding the measure for further study.

Potential impacts and considerations

  • Public safety: standardizes national checks and lists disqualifying offenses to reduce risk to passengers.
  • Cost and access: may impose costs and administrative steps that could be a barrier for low-income drivers; rehabilitation pathway mitigates some employment exclusions but requires proof and administrative review.
  • Privacy/record-use: limits certain records from use (juvenile, expunged, non-convictions) but authorizes transmission of clearance to TNCs.
  • Administrative burden: increased workload for BCI, law enforcement, and the Division to process, review, and adjudicate clearances and appeals.

If you’d like, I can produce a side-by-side summary of what this changes compared with current Rhode Island practice or draft a short one-page fact sheet for drivers and TNCs.

Compiled from official sources — confirm details with the bill’s official record.

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