SENATE TRANSPORTATION COMMITTEE

 

STATEMENT TO

 

SENATE, No. 1249

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED:  MAY 11, 2026

 

      The Senate Transportation Committee reports favorably and with committee amendments Senate Bill No. 1249.

      As amended and reported, this bill requires an applicant seeking to be a transportation network company (TNC) driver to provide, as part of the application process:  (1) a list of any TNC for which the applicant has ever served as a TNC driver; (2) a written statement regarding whether the applicant has been the subject of a substantiated sexual misconduct investigation for a covered incident in connection with the applicant’s work as a TNC driver or has ever been disciplined or banned from accessing a digital network by a TNC in relation to a covered incident; and (3) a written authorization that consents to and authorizes the disclosure of information and release of related records by any other TNC, releasing such TNCs from liability that may arise from such disclosure or release of records.  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 for a covered incident 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 for a covered incident 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 prohibit the driver from utilizing the TNC’s digital network, notwithstanding the results of the investigation.

      A TNC that receives an allegation of a driver’s sexual misconduct for a covered incident is required to notify each registered TNC in the State of the allegation, the status of any investigation into the allegation, 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 the criminal investigation.

      This bill was pre-filed for introduction in the 2026-2027 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amended the bill to: 

      (1)  define “covered incident” and “in connection with a digital network”;

      (2)  revise the definitions of “personal vehicle” and “sexual misconduct”;

      (3)  remove a provision prohibiting the Attorney General from approving a criminal background check conducted by a TNC unless the background check included 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;

      (4)  limit the scope of the bill to covered incidents of sexual misconduct that occurred during a ride facilitated by the TNC or up to 48 hours after the completion of the prearranged ride for which covered incident the TNC driver was prohibited by the TNC from utilizing the TNC’s digital network; and

      (5)  remove a provision exempting an applicant from submitting a written statement if the applicant was subject to a sexual misconduct investigation that resulted in a finding that the allegations were false or not substantiated and, instead, add a provision explicitly requiring an applicant to submit a written statement for any substantiated sexual misconduct investigations.