S04159 Summary:

BILL NOS04159
 
SAME ASNo Same As
 
SPONSORSEWARD
 
COSPNSRFUNKE, JACOBS, KENNEDY, LARKIN, MARCHIONE, O'MARA, RANZENHOFER, VALESKY
 
MLTSPNSR
 
Add Art 44-B 1691 - 1700, amd 370, 312-a, 600 & 601, V & T L; add 3455, amd 5102, 5103, 5106, 2305 & 3425, Ins L; amd 160-cc, 160-ff & 160-jj, Exec L; amd 171-a & 1101, add Art 29-B 1291 - 1298 & 1822, Tax L, add 89-i, St Fin L
 
Provides for the regulation of transportation network company services; establishes the New York State TNC Accessibility Task Force; establishes the local transit assistance fund.
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S04159 Actions:

BILL NOS04159
 
02/03/2017REFERRED TO RULES
02/06/2017ORDERED TO THIRD READING CAL.149
02/06/2017PASSED SENATE
02/06/2017DELIVERED TO ASSEMBLY
02/06/2017referred to insurance
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S04159 Committee Votes:

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S04159 Floor Votes:

There are no votes for this bill in this legislative session.
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S04159 Memo:

Memo not available
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S04159 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4159
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2017
                                       ___________
 
        Introduced  by Sens. SEWARD, FUNKE, JACOBS, O'MARA, RANZENHOFER, VALESKY
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Rules
 
        AN ACT to amend the vehicle and traffic  law,  the  insurance  law,  the
          executive law and the tax law, in relation to the regulation of trans-
          portation  network  company  services; to establish the New York State
          TNC Accessibility Task Force; and to amend the state finance  law,  in
          relation to establishing the local transit assistance fund
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The purpose of this act  is  to  ensure
     2  the   safety,  reliability,  and  cost-effectiveness  of  transportation
     3  network company (TNC) services within the  state  of  New  York  and  to
     4  preserve  and  enhance  access to these important transportation options
     5  for residents and visitors to the state.
     6    § 2. The vehicle and traffic law is amended by adding  a  new  article
     7  44-B to read as follows:
     8                                ARTICLE 44-B
     9                   TRANSPORTATION NETWORK COMPANY SERVICES
    10  Section 1691. Definitions.
    11          1692. General provisions.
    12          1693. Financial  responsibility of transportation network compa-
    13                  nies.
    14          1694. Disclosures.
    15          1695. Insurance provisions.
    16          1696. Driver and vehicle requirements.
    17          1697. Maintenance of records.
    18          1698. Audit procedures; confidentiality of records.
    19          1699. Criminal  history  background  check   of   transportation
    20                  network company drivers.
    21          1700. Controlling authority.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09750-02-7

        S. 4159                             2
 
     1    §  1691.  Definitions.  As  used  in  this article: 1. "Transportation
     2  network company vehicle" or "TNC vehicle" means a vehicle that is:
     3    (a)  used  by a transportation network company driver to provide a TNC
     4  prearranged trip within the state of New York;
     5    (b) owned, leased or otherwise authorized for use by  the  transporta-
     6  tion network company driver and shall not include:
     7    (i) a taxicab, as defined in section one hundred forty-eight-a of this
     8  chapter and section 19-502 of the administrative code of the city of New
     9  York, or as otherwise defined in local law;
    10    (ii)  a livery vehicle, as defined in section one hundred twenty-one-e
    11  of this chapter, or as otherwise defined in local law;
    12    (iii) a black car, limousine,  or  luxury  limousine,  as  defined  in
    13  section 19-502 of the administrative code of the city of New York, or as
    14  otherwise defined in local law;
    15    (iv)  a for-hire vehicle, as defined in section 19-502 of the adminis-
    16  trative code of the city of New York, or as otherwise defined  in  local
    17  law;
    18    (v) a bus, as defined in section one hundred four of this chapter;
    19    (vi)  any  motor  vehicle weighing more than six thousand five hundred
    20  pounds unloaded;
    21    (vii) any motor vehicle having a seating capacity of more  than  seven
    22  passengers; and
    23    (viii)  any  motor vehicle subject to section three hundred seventy of
    24  this chapter.
    25    2. "Digital network" means any system or service offered  or  utilized
    26  by  a  transportation network company that enables TNC prearranged trips
    27  with transportation network company drivers.
    28    3. "Transportation network company" or "TNC" means  a  person,  corpo-
    29  ration,  partnership,  sole  proprietorship,  or  other  entity  that is
    30  licensed pursuant to this article and is operating  in  New  York  state
    31  exclusively  using  a  digital network to connect transportation network
    32  company passengers to transportation network company drivers who provide
    33  TNC prearranged trips.
    34    4. "Transportation network company driver" or "TNC  driver"  means  an
    35  individual who:
    36    (a)  Receives connections to potential passengers and related services
    37  from a transportation network company in exchange for payment of  a  fee
    38  to the transportation network company; and
    39    (b)  Uses  a TNC vehicle to offer or provide a TNC prearranged trip to
    40  transportation network company  passengers  upon  connection  through  a
    41  digital  network  controlled  by  a  transportation  network  company in
    42  exchange for compensation or payment of a fee.
    43    5. "Transportation network company passenger" or "passenger"  means  a
    44  person  or  persons  who  use a transportation network company's digital
    45  network to connect with a  transportation  network  company  driver  who
    46  provides  TNC  prearranged  trips  to  the  passenger in the TNC vehicle
    47  between points chosen by the passenger.
    48    6. "TNC prearranged trip" means the provision of transportation  by  a
    49  transportation  network  company  driver to a passenger provided through
    50  the use of a TNC's digital network:
    51    (a) beginning when a transportation network company driver  accepts  a
    52  passenger's request for a trip through a digital network controlled by a
    53  transportation network company;
    54    (b)  continuing while the transportation network company driver trans-
    55  ports the requesting passenger in a TNC vehicle; and

        S. 4159                             3

     1    (c) ending when the last requesting passenger  departs  from  the  TNC
     2  vehicle.
     3    7. "Group policy" means an insurance policy issued pursuant to section
     4  three thousand four hundred fifty-five of the insurance law.
     5    §  1692. General provisions.  1. A TNC or a TNC driver is not a common
     6  carrier, as defined in subdivision six of section two of the transporta-
     7  tion law; a contract carrier of passengers by motor vehicle, as  defined
     8  in subdivision nine of section two of the transportation law; or a motor
     9  carrier,  as  defined  in  subdivision  seventeen  of section two of the
    10  transportation law; nor do they  provide  taxicab  or  for-hire  vehicle
    11  service.  Moreover,  a  TNC driver shall not be required to register the
    12  TNC vehicle such TNC driver uses for TNC prearranged trips as a  commer-
    13  cial or for-hire vehicle, as set forth in article fourteen of this chap-
    14  ter.
    15    2. A TNC may not operate in the state of New York without first having
    16  obtained  a  license  issued  by the department in a form and manner and
    17  with applicable fees as provided for by regulations promulgated  by  the
    18  commissioner.  As  a  condition  of  obtaining a license, a TNC shall be
    19  required to submit to the department proof  of  a  group  policy  issued
    20  pursuant to section three thousand four hundred fifty-five of the insur-
    21  ance  law. Failure of a TNC to obtain a license before operation, pursu-
    22  ant to this subdivision shall constitute a misdemeanor. No license shall
    23  be suspended or revoked except upon notice  to  the  TNC  and  after  an
    24  opportunity to be heard.
    25    3. A TNC must maintain an agent for service of process in the state of
    26  New York.
    27    4. On behalf of a TNC driver, a TNC may charge a fare for the services
    28  provided  to  passengers;  provided  that, if a fare is collected from a
    29  passenger, the TNC shall disclose to the passengers  the  fare  or  fare
    30  calculation method on its website or within the application service. The
    31  TNC  shall  also  provide the passengers with the applicable rates being
    32  charged and an estimated fare before the passenger enters the TNC  vehi-
    33  cle.
    34    5.  A TNC's digital network shall display a picture of the TNC driver,
    35  and the make, model, color and license plate number of the  TNC  vehicle
    36  utilized  for  providing  the  TNC prearranged trip before the passenger
    37  enters the TNC vehicle.
    38    6. Within a reasonable period of time following the  completion  of  a
    39  trip,  a  TNC  shall  transmit an electronic receipt to the passenger on
    40  behalf of the TNC driver that lists:
    41    (a) The origin and destination of the trip;
    42    (b) The total time and distance of the trip;
    43    (c) An itemization of the total fare paid, if any; and
    44    (d) a separate statement of the applicable taxes.
    45    7. A TNC driver shall not solicit or accept street hails.
    46    8. A TNC shall adopt a policy prohibiting solicitation  or  acceptance
    47  of cash payments for the fares charged to passengers for TNC prearranged
    48  trips  and  notify  TNC  drivers of such policy.   TNC drivers shall not
    49  solicit or accept cash payments from passengers.
    50    9. Nothing in this article shall apply to cities with a population  of
    51  one million or more.
    52    § 1693.  Financial responsibility of transportation network companies.
    53  1. A TNC driver, or TNC on the TNC driver's behalf through a group poli-
    54  cy,  shall  maintain  insurance that recognizes that the driver is a TNC
    55  driver and provides financial responsibility coverage:
    56    (a) while the TNC driver is logged onto the TNC's digital network; and

        S. 4159                             4

     1    (b) while the TNC driver is engaged in a TNC prearranged trip.
     2    2.  (a)  The  following  automobile financial responsibility insurance
     3  requirements shall apply while a TNC driver is  logged  onto  the  TNC's
     4  digital  network and is available to receive transportation requests but
     5  is not engaged in a TNC prearranged trip: insurance  against  loss  from
     6  the liability imposed by law for damages, including damages for care and
     7  loss  of  services,  because of bodily injury to or death of any person,
     8  and injury to or destruction of property arising out of  the  ownership,
     9  maintenance,  use  or operation of a personal vehicle or vehicles within
    10  this state, or elsewhere in the United States in North America or  Cana-
    11  da, subject to a limit, exclusive of interest and costs, with respect to
    12  each  such  occurrence,  of  at  least fifty thousand dollars because of
    13  bodily injury to or death of one person in any one accident and, subject
    14  to said limit for one person, to a limit of at least one  hundred  thou-
    15  sand dollars because of bodily injury to or death of two or more persons
    16  in  any  one  accident,  and to a limit of at least twenty-five thousand
    17  dollars because of injury to or destruction of property of others in any
    18  one accident provided, however, that such policy need not be for a peri-
    19  od coterminous with the registration  period  of  the  personal  vehicle
    20  insured,  and  coverage  in satisfaction of the financial responsibility
    21  requirements set forth in section three thousand four hundred twenty  of
    22  the  insurance  law,  article  fifty-one  of the insurance law, and such
    23  other requirements or regulations that may apply  for  the  purposes  of
    24  satisfying the financial responsibility requirements with respect to the
    25  use or operation of a motor vehicle.
    26    (b) The coverage requirements of paragraph (a) of this subdivision may
    27  be satisfied by any of the following:
    28    (i) insurance maintained by the TNC driver; or
    29    (ii)  insurance provided through a group policy maintained by the TNC;
    30  or
    31    (iii) a combination of subparagraphs (i) and (ii) of this paragraph.
    32    3. (a) The following  automobile  financial  responsibility  insurance
    33  requirements  shall  apply while a TNC driver is engaged in a TNC prear-
    34  ranged trip: insurance against loss from the liability  imposed  by  law
    35  for damages, including damages for care and loss of services, because of
    36  bodily injury to or death of any person, and injury to or destruction of
    37  property arising out of the ownership, maintenance, use, or operation of
    38  a  specific personal vehicle or vehicles within this state, or elsewhere
    39  in the United States in North America or Canada,  subject  to  a  limit,
    40  exclusive  of  interest and costs, with respect to each such occurrence,
    41  of at least one million dollars because of bodily  injuries,  death  and
    42  property  damage,  provided, however, that such policy need not be for a
    43  period coterminous with the registration period of the personal  vehicle
    44  insured,  and  coverage  in satisfaction of the financial responsibility
    45  requirements set forth in section three thousand four hundred twenty  of
    46  the  insurance  law,  article  fifty-one  of the insurance law, and such
    47  other requirements or regulations that may apply  for  the  purposes  of
    48  satisfying the financial responsibility requirements with respect to the
    49  use or operation of a motor vehicle.
    50    (b) The coverage requirements of paragraph (a) of this subdivision may
    51  be satisfied by any of the following:
    52    (i) insurance maintained by the TNC driver; or
    53    (ii)  insurance provided through a group policy maintained by the TNC;
    54  or
    55    (iii) a combination of subparagraphs (i) and (ii) of this paragraph.

        S. 4159                             5
 
     1    4. A TNC shall, upon entering into a contractual agreement with a  TNC
     2  driver,  provide  notice to the TNC driver that he or she may need addi-
     3  tional insurance coverage including motor vehicle physical damage cover-
     4  age as described in paragraph nineteen of subsection (a) of section  one
     5  thousand  one  hundred  thirteen of the insurance law if the TNC vehicle
     6  being used by the TNC driver is subject to a lease or loan. A TNC  shall
     7  also post this notice on its website in a prominent place.
     8    5.  If  insurance  maintained by a TNC driver pursuant to subdivisions
     9  two and three of this  section  has  lapsed  or  does  not  provide  the
    10  required  coverage,  then  the  group  policy  maintained by a TNC shall
    11  provide the coverage required by this section beginning with  the  first
    12  dollar of a claim and have the duty to defend such claim.
    13    6.  Coverage  under  a group policy maintained by the TNC shall not be
    14  dependent on the denial of a claim by the insurer that issued the insur-
    15  ance policy used to register the TNC vehicle, nor shall that insurer  be
    16  required to first deny a claim.
    17    7.  Insurance  required  by this section may be placed with an insurer
    18  authorized or eligible to write insurance in this  state  and  shall  be
    19  eligible  for placement by an excess line broker pursuant to section two
    20  thousand one hundred eighteen of the insurance law.
    21    8. A TNC driver who, while operating a TNC vehicle was  either  logged
    22  on  to the TNC's digital network and available to receive transportation
    23  requests but not engaged in a TNC prearranged trip or was logged  on  to
    24  the TNC's digital network and was engaged in a TNC prearranged trip, has
    25  in  effect the insurance required pursuant to this article and shall not
    26  be deemed to be in violation of article six of this chapter during  such
    27  time that he or she was either logged onto the the TNC's digital network
    28  and  available  to  receive transportation requests but not engaged in a
    29  TNC prearranged trip or was logged on to the TNC's digital  network  and
    30  was engaged in a TNC prearranged trip.
    31    9.  A TNC driver shall carry proof of coverage satisfying subdivisions
    32  two and three of this section with him or her at all times during his or
    33  her use or operation of a TNC vehicle in connection with a TNC's digital
    34  network. Such proof of coverage shall be in such form as the commission-
    35  er shall prescribe, which may be in the form of an insurance identifica-
    36  tion card as defined in section three hundred eleven  of  this  chapter.
    37  Any  insurance  identification card issued pursuant to the provisions of
    38  this article shall be in addition to the insurance  identification  card
    39  required  pursuant to article six of this chapter, and nothing contained
    40  in this article shall be deemed to supersede the  requirements  of  such
    41  article six. Whenever the production of an insurance identification card
    42  is  required  by law, a TNC driver shall (a) produce the insurance iden-
    43  tification card issued pursuant to article six of this chapter and,  (b)
    44  if  such driver either (i) was logged onto the TNC's digital network and
    45  available to receive transportation requests but not engaged  in  a  TNC
    46  prearranged  trip or (ii) was logged on to the TNC's digital network and
    47  was engaged in a TNC prearranged trip, such driver  shall  also  produce
    48  the insurance identification card required pursuant to this article.
    49    10.  The  superintendent  of financial services is authorized to issue
    50  such rules and regulations necessary to implement this section.
    51    11. Nothing in this  section  shall  impose  financial  responsibility
    52  requirements  upon any entities operating as vehicles for hire in a city
    53  with a population of one million or more.
    54    § 1694. Disclosures. A TNC shall disclose in writing  to  TNC  drivers
    55  the  following  before  they  are  allowed to accept a request for a TNC
    56  prearranged trip on the TNC's digital network:

        S. 4159                             6
 
     1    1. The insurance coverage, including the types  of  coverage  and  the
     2  limits  for  each  coverage,  that the TNC provides while the TNC driver
     3  uses a TNC vehicle in connection with a TNC's digital network;
     4    2.  That  the  TNC  driver's own automobile insurance policy might not
     5  provide any coverage while the TNC driver is  logged  on  to  the  TNC's
     6  digital  network  and is available to receive transportation requests or
     7  is engaged in a TNC prearranged trip, depending on its terms; and
     8    3. That, if a TNC vehicle has a lien against it,  then  the  continued
     9  use of such TNC vehicle by its TNC driver without physical damage cover-
    10  age may violate the terms of the contract with the lienholder.
    11    §  1695.  Insurance provisions. 1.   Insurers that write motor vehicle
    12  insurance in this state may, in the insurance policy,  exclude  any  and
    13  all coverage afforded under the policy issued to an owner or operator of
    14  a  TNC  vehicle for any loss or injury that occurs while a TNC driver is
    15  logged on to a TNC's digital network or while a driver provides a prear-
    16  ranged trip, including:
    17    (a) liability coverage for bodily injury and property damage;
    18    (b) coverage provided pursuant to article fifty-one of  the  insurance
    19  law;
    20    (c) uninsured and underinsured motorist coverage; and
    21    (d)  motor  vehicle physical damage coverage as described in paragraph
    22  nineteen of subsection (a) of section one thousand one hundred  thirteen
    23  of the insurance law.
    24    2.  Such  exclusions shall apply notwithstanding any requirement under
    25  the law to the contrary.  Nothing in this section  implies  or  requires
    26  that  an  owner's  policy  of liability insurance or other motor vehicle
    27  insurance policy provide coverage while the TNC driver is logged  on  to
    28  the  TNC's  digital  network,  while  the TNC driver is engaged in a TNC
    29  prearranged trip or while the TNC driver otherwise uses  or  operates  a
    30  TNC vehicle to transport passengers for compensation.
    31    3.  Nothing  shall  be  deemed  to  preclude an insurer from providing
    32  primary, excess, or umbrella coverage for the TNC driver's TNC  vehicle,
    33  if it chose to do so by contract or endorsement.
    34    4.  Motor vehicle insurers that exclude the coverage described in this
    35  article shall have no duty to defend or indemnify  any  claim  expressly
    36  excluded thereunder.  Nothing in this article shall be deemed to invali-
    37  date or limit an exclusion contained in a policy including any policy in
    38  use or approved for use in this state prior to the effective date of the
    39  chapter of the laws of two thousand seventeen that added this section.
    40    5. A motor vehicle insurer that defends or indemnifies a claim against
    41  a TNC driver that is excluded under the terms of its policy shall have a
    42  right  of contribution against other insurers that provide motor vehicle
    43  insurance to the same driver in satisfaction of  the  coverage  require-
    44  ments  of  the  provisions  of  the  chapter of the laws of two thousand
    45  seventeen which added this article at the time of loss.
    46    6. In a claims coverage investigation, a TNC and  any  insurer  poten-
    47  tially  providing coverage under this article shall, within fifteen days
    48  after a claim has been filed, facilitate the exchange of relevant infor-
    49  mation with directly involved parties and any insurer of the TNC  driver
    50  if  applicable,  including the precise times that a TNC driver logged on
    51  and off of the TNC's digital network in the  twelve  hour  period  imme-
    52  diately  preceding  and  in the twelve hour period immediately following
    53  the accident and disclose to one another  a  clear  description  of  the
    54  coverage,  exclusions and limits provided under any motor vehicle insur-
    55  ance maintained under this article.

        S. 4159                             7
 
     1    7. The commissioner shall promulgate regulations for the provision  of
     2  relevant  insurance coverage information required by this article to the
     3  following persons upon request:
     4    (a)  a  person  to whom an accident report pertains or who is named in
     5  such report, or his or her authorized representative; and
     6    (b) any other person or his or her authorized representative  who  has
     7  demonstrated to the satisfaction of the commissioner that such person is
     8  or may be a party to a civil action arising out of the conduct described
     9  in such accident report.
    10    § 1696. Driver and vehicle requirements. 1. (a) At all times, an indi-
    11  vidual acting as a TNC driver shall be permitted by the TNC as follows:
    12    (i) The individual shall submit an application to the TNC, which shall
    13  include information regarding his or her address, age, driver's license,
    14  motor  vehicle  registration,  automobile liability insurance, and other
    15  information required by the TNC;
    16    (ii) The TNC shall conduct a criminal background check for each appli-
    17  cant in accordance with section  sixteen  hundred  ninety-nine  of  this
    18  article and that shall review:
    19    (A) whether the applicant is listed on the New York state sex offender
    20  registry pursuant to article six-c of the correction law; and
    21    (B) The National Sex Offender registry maintained by the United States
    22  Department of Justice;
    23    (iii)  The  TNC  shall obtain and review, or have a third party obtain
    24  and review, a driving history research report for such individual.
    25    (b) The TNC shall not permit an applicant where such applicant:
    26    (i) fails to meet  all  qualifications  pursuant  to  section  sixteen
    27  hundred ninety-nine of this article;
    28    (ii)  is  a  match in the United States Department of Justice National
    29  Sex Offender Public Website;
    30    (iii) does not possess a valid New York driver's license, unless  such
    31  applicant  does  possess a valid out of state driver's license and proof
    32  that such applicant is an active duty member of the  armed  services  of
    33  the  United  States  stationed in this state or is a family or household
    34  member of such an active duty member;
    35    (iv) does not possess proof of registration for the  motor  vehicle(s)
    36  used to provide TNC prearranged trips;
    37    (v)  does  not possess proof of automobile liability insurance for the
    38  motor vehicle(s) used to provide TNC prearranged trips as a TNC vehicle;
    39  or
    40    (vi) is not at least nineteen years of age.
    41    (c) Upon review of all information received and retained  by  the  TNC
    42  and  upon  verifying that the individual is not disqualified pursuant to
    43  this section from receiving a TNC driver permit, a TNC may issue  a  TNC
    44  driver  permit  to  the  applicant. The TNC shall review all information
    45  received relating to such applicant and hold such  information  for  six
    46  years  along  with  a  certification  that  such  applicant qualifies to
    47  receive a TNC driver permit.
    48    (d) (i) A TNC that issues a  TNC  driver's  permit  pursuant  to  this
    49  section  shall  participate  in  the New York License Event Notification
    50  Service (LENS) established by the department  to  obtain  timely  notice
    51  when any of the following violations are added to a TNC driver's driving
    52  record:
    53    (A)  unlawful fleeing a police officer in a motor vehicle in violation
    54  of sections 270.35, 270.30 or 270.25 of the penal law;
    55    (B) reckless driving in violation of section one thousand two  hundred
    56  twelve of this chapter;

        S. 4159                             8
 
     1    (C)  operating  while  license or privilege is suspended or revoked in
     2  violation of section five hundred  eleven  of  this  chapter,  excluding
     3  subdivision seven of such section;
     4    (D)  operating a motor vehicle while under the influence of alcohol or
     5  drugs in violation of section one thousand  one  hundred  ninety-two  of
     6  this chapter; and
     7    (E) leaving the scene of an incident without reporting in violation of
     8  subdivision two of section six hundred of this chapter.
     9    (e)  No  person shall operate a TNC vehicle or operate as a TNC driver
    10  unless such person holds a valid TNC driver permit  issued  pursuant  to
    11  this  section.  A violation of this paragraph shall be a traffic infrac-
    12  tion punishable by a fine of not less than seventy-five  nor  more  than
    13  three  hundred  dollars,  or  by  imprisonment for not more than fifteen
    14  days, or by both such fine and imprisonment.
    15    2. A TNC shall implement a zero-tolerance policy regarding a TNC driv-
    16  er's activities while accessing the TNC's digital network.  Such  policy
    17  shall  address  the  issue of operating a vehicle under the influence of
    18  alcohol or drugs while a TNC driver is providing TNC  prearranged  trips
    19  or  is  logged  onto  the TNC's digital network but is not providing TNC
    20  prearranged trips, and the TNC shall provide notice of  this  policy  on
    21  its digital network, as well as procedures to report a complaint about a
    22  TNC  driver  with whom a TNC prearranged trip was commenced and whom the
    23  passenger reasonably suspects was operating a vehicle under  the  influ-
    24  ence of alcohol or drugs during the course of the TNC prearranged trip.
    25    3.  (a)  A TNC shall adopt a policy of non-discrimination on the basis
    26  of destination, race, color, national origin, religious belief, practice
    27  or affiliation, sex, disability, age, sexual orientation, gender identi-
    28  ty, or genetic predisposition with respect to passengers  and  potential
    29  passengers and notify TNC drivers of such policy.
    30    (b)  TNC  drivers shall comply with all applicable laws regarding non-
    31  discrimination against passengers or potential passengers on  the  basis
    32  of destination, race, color, national origin, religious belief, practice
    33  or affiliation, sex, disability, age, sexual orientation, gender identi-
    34  ty,  or  genetic predisposition with respect to passengers and potential
    35  passengers and notify TNC drivers of such policy.
    36    (c) TNC drivers shall comply with  all  applicable  laws  relating  to
    37  accommodation of service animals.
    38    (d)  A TNC shall implement and maintain a policy of providing accessi-
    39  bility to passengers or  potential  passengers  with  a  disability  and
    40  accommodation  of service animals as such term is defined in section one
    41  hundred twenty-three-b of the agriculture and markets law and  shall  to
    42  the  extent practicable adopt findings established by the New York state
    43  TNC accessibility task force adopted pursuant to section nineteen of the
    44  chapter of the laws of two thousand seventeen that added  this  section.
    45  A  TNC  shall  not  impose  additional charges for providing services to
    46  persons with physical disabilities because of those disabilities.
    47    (e) The New York state division of human rights shall be authorized to
    48  accept, review and investigate any potential  or  actual  violations  of
    49  this  subdivision  in  a form and manner consistent with authority under
    50  article fifteen of the executive law and shall  notify  the  department,
    51  upon a finding of a violation, for purposes of permit suspension.
    52    4.  A  TNC  shall  require that any motor vehicle(s) that a TNC driver
    53  will use as a TNC vehicle to provide TNC prearranged trips meets  appli-
    54  cable  New  York state vehicle safety and emissions requirements, as set
    55  forth in section three hundred one of this chapter, or the vehicle safe-

        S. 4159                             9

     1  ty and emissions requirements of the  state  in  which  the  vehicle  is
     2  registered.
     3    5. The department shall promulgate regulations to ensure that each TNC
     4  vehicle  is easily identified as such and that the TNC for which the TNC
     5  driver is providing the TNC service or TNC prearranged trip  is  distin-
     6  guishable.  Such demarcation shall be in such form as is approved by the
     7  commissioner, and shall be attached, affixed or displayed in such manner
     8  as he or she may prescribe by regulation.
     9    § 1697. Maintenance of records. A TNC  shall  maintain  the  following
    10  records:
    11    1.  individual  trip records for at least six years from the date each
    12  trip was provided; and
    13    2. individual records of TNC drivers at least until the six year anni-
    14  versary of the date on which a TNC driver's relationship  with  the  TNC
    15  has ended.
    16    §  1698. Audit procedures; confidentiality of records. 1. For the sole
    17  purpose of verifying that a TNC is in compliance with  the  requirements
    18  of  this  article  and  no  more  than  biannually, the department shall
    19  reserve the right to visually inspect a sample of records that  the  TNC
    20  is  required  to  maintain, upon request by the department that shall be
    21  fulfilled in no less than ten business days by the TNC. The sample shall
    22  be chosen randomly by the department  in  a  manner  agreeable  to  both
    23  parties. The audit shall take place at a mutually agreed location in New
    24  York.  Any  record  furnished  to the department may exclude information
    25  that would tend to identify specific drivers or passengers.
    26    2. (a) The department shall establish regulations for  the  filing  of
    27  complaints against any TNC driver or TNC pursuant to this section.
    28    (b) In response to a specific complaint against any TNC driver or TNC,
    29  the department is authorized to inspect records held by the TNC that are
    30  necessary  to  investigate  and resolve the complaint.   The TNC and the
    31  department shall endeavor to have the inspection take place at a mutual-
    32  ly agreed location in New York. Any record furnished to  the  department
    33  may  exclude information that would tend to identify specific drivers or
    34  passengers, unless the identity of a driver or passenger is relevant  to
    35  the complaint.
    36    3.  The  department  shall  promulgate  regulations  for the filing of
    37  complaints pursuant to this section.
    38    § 1699. Criminal history background check  of  transportation  network
    39  company  drivers.  1.  A  transportation network company shall conduct a
    40  criminal history background check using a lawful method approved by  the
    41  department  pursuant to paragraph (a) of subdivision two of this section
    42  for persons applying to drive for such company.
    43    2. (a) The method used to conduct a criminal history background  check
    44  pursuant  to  subdivision  one  of  this section shall be established in
    45  regulations adopted by the department within 30 days  of  the  effective
    46  date  of the chapter of the laws of 2017 that added this subdivision. To
    47  ensure safety of the riders and the public such regulations shall estab-
    48  lish the method used to conduct such background checks and any processes
    49  and operations necessary to complete such checks. The review of criminal
    50  history information and determinations about whether or not an applicant
    51  is issued a TNC driver permit shall be controlled by paragraphs (b), (c)
    52  and (d) of this subdivision.
    53    (b) An applicant shall be disqualified to receive a TNC driver  permit
    54  where he or she:
    55    (i)  stands  convicted  in the last three years of: unlawful fleeing a
    56  police officer in a motor  vehicle  in  violation  of  sections  270.35,

        S. 4159                            10
 
     1  270.30  or  270.25  of  the  penal law, reckless driving in violation of
     2  section two thousand twelve of this chapter, operating while license  or
     3  privilege  is  suspended or revoked in violation of section five hundred
     4  eleven  of  this chapter, excluding subdivision seven of such section, a
     5  misdemeanor offense of operating a motor vehicle while under the  influ-
     6  ence  of  alcohol  or  drugs  in  violation  of section one thousand one
     7  hundred and ninety two of this chapter, or leaving the scene of an acci-
     8  dent in violation of subdivision two of  section  six  hundred  of  this
     9  chapter.  In  calculating the three year period under this subparagraph,
    10  any period of time during which the person was  incarcerated  after  the
    11  commission  of such offense shall be excluded and such three year period
    12  shall be extended by a period or periods equal to the time spent  incar-
    13  cerated; or
    14    (ii)  stands  convicted  in  the  last  seven  years of: a sex offense
    15  defined in subdivision two of section 168-a of  the  correction  law,  a
    16  felony  offense  defined in article one hundred twenty-five of the penal
    17  law, a violent felony offense defined in section 70.02 of the penal law,
    18  a class A felony offense defined in the penal law, vehicular assault  in
    19  violation  of section 120.03, 120.04 or subdivision (a) of 120.04 of the
    20  penal law, a felony offense defined in section eleven hundred ninety-two
    21  of the vehicle and traffic law, an offense for which registration  as  a
    22  sex  offender  is  required  pursuant to article six-C of the correction
    23  law, or any conviction of an offense in any other jurisdiction that  has
    24  all the essential elements of an offense listed in this subparagraph. In
    25  calculating the seven year period under this subparagraph, any period of
    26  time  during  which  the person was incarcerated after the commission of
    27  such offense shall be excluded and  such  seven  year  period  shall  be
    28  extended by a period or periods equal to the time spent incarcerated.
    29    (c) A criminal history record that contains criminal conviction infor-
    30  mation  that  does not disqualify an applicant pursuant to subparagraphs
    31  (i) or (ii) of paragraph (b) of this subdivision, shall be reviewed  and
    32  considered  according to the provisions of article twenty-three-A of the
    33  correction law and subdivisions  fifteen  and  sixteen  of  section  two
    34  hundred  ninety-six  of  the executive law in determining whether or not
    35  the applicant should be issued a TNC driver's permit.
    36    (d) Upon receipt of criminal conviction information pursuant  to  this
    37  section  for  any  applicant,  such applicant shall promptly be provided
    38  with a copy of such information as well as a  copy  of  article  twenty-
    39  three-A  of the correction law. Such applicant shall also be informed of
    40  his or her  right  to  seek  correction  of  any  incorrect  information
    41  contained  in  such  criminal  history information pursuant to the regu-
    42  lations and procedures established by the division of  criminal  justice
    43  services.
    44    (e)  The  department  shall  promulgate regulations for the purpose of
    45  implementing the provisions of this subdivision.
    46    3. A transportation network company shall update the criminal  history
    47  background check yearly during the period in which the person is author-
    48  ized  to  drive  for the company, however, the commissioner may require,
    49  pursuant  to  regulation,  more  frequent  criminal  history  background
    50  checks.
    51    4.  To  ensure  safety  of the riders and the public, a transportation
    52  network company shall be responsible for all fees  associated  with  the
    53  criminal history check pursuant to subdivision one of this section.
    54    5.  Any  transportation  network  company  found  to have violated any
    55  requirements established pursuant to this section, shall  on  the  first
    56  instance,  be  subject  to a civil penalty of not more than ten thousand

        S. 4159                            11
 
     1  dollars. For any subsequent instance within the period of two years from
     2  any initial violation, such  transportation  network  company  shall  be
     3  subject  to  a civil penalty of not more than fifty thousand dollars, or
     4  the suspension or revocation of its TNC license or both.
     5    §  1700. Controlling authority. 1. Notwithstanding any other provision
     6  of law, the regulation of TNCs and TNC drivers is  governed  exclusively
     7  by  the  provisions of the chapter of the laws of two thousand seventeen
     8  which added this section and any rules promulgated by the state  through
     9  its  agencies  consistent  with  such  chapter. No county, town, city or
    10  village may enact a tax or any fee or other surcharge on a  TNC,  a  TNC
    11  driver,  or  a  TNC  vehicle  used by a TNC driver or require a license,
    12  permit, or additional insurance coverage or  any  other  limitations  or
    13  restrictions, a TNC driver, or a TNC vehicle used by a TNC driver, where
    14  such fee, surcharge, unauthorized tax, license, permit, insurance cover-
    15  age, limitation or restriction, relates to facilitating or providing TNC
    16  prearranged  trips,  or  subjects  a TNC, a TNC driver, or a TNC vehicle
    17  used by a TNC driver to operational, or other requirements.
    18    2. Nothing in this article shall authorize any TNC driver to pick-up a
    19  passenger for purposes of a TNC prearranged trip in a city with a  popu-
    20  lation of one million or more.
    21    3.  Nothing  in this article shall; (a) limit the ability of a county,
    22  town, city, village or airport to adopt or  amend  generally  applicable
    23  limitations or restrictions relating to local traffic or parking control
    24  as  authorized  by  state  law; or (b) to preempt any reciprocity agree-
    25  ments, including  agreements  entered  into  pursuant  to  section  four
    26  hundred  ninety-eight  of  this chapter, between a county, town, city or
    27  village that relates to services regulated by section one hundred eight-
    28  y-one of the general municipal law.
    29    § 3. Section 370 of the vehicle and traffic law is amended by adding a
    30  new subdivision 8 to read as follows:
    31    8. Notwithstanding any other provision of this article, an  individual
    32  shall  not be deemed to be engaged in the business of carrying or trans-
    33  porting passengers for hire if the individual does so solely as a trans-
    34  portation network company driver in accordance with article forty-four-B
    35  of this chapter.
    36    § 4. Subdivision 1 of section 312-a of the vehicle and traffic law, as
    37  amended by chapter 781 of the laws  of  1983,  is  amended  to  read  as
    38  follows:
    39    1.  Upon issuance of an owner's policy of liability insurance or other
    40  financial security required by this chapter or the article  forty-four-B
    41  of this chapter, an insurer shall issue proof of insurance in accordance
    42  with  the  regulations promulgated by the commissioner pursuant to para-
    43  graph (b) of subdivision two of section three hundred thirteen  of  this
    44  article.
    45    § 4-a. Section 600 of the vehicle and traffic law, as amended by chap-
    46  ter 49 of the laws of 2005, is amended to read as follows:
    47    § 600. Leaving  scene  of  an  incident without reporting. 1. Property
    48  damage. a. Any person operating a motor vehicle who, knowing  or  having
    49  cause to know that damage has been caused to the real property or to the
    50  personal property, not including animals, of another, due to an incident
    51  involving  the motor vehicle operated by such person shall, before leav-
    52  ing the place where the  damage  occurred,  stop,  exhibit  his  or  her
    53  license  and  insurance  identification card for such vehicle, when such
    54  card is required pursuant to articles six and eight of this chapter, and
    55  give his or her name, residence, including street and number,  insurance
    56  carrier  and  insurance  identification  information  including  but not

        S. 4159                            12
 
     1  limited to the number and effective dates of said individual's insurance
     2  policy, and license number to the party sustaining  the  damage,  or  in
     3  case  the person sustaining the damage is not present at the place where
     4  the  damage  occurred  then  he  or she shall report the same as soon as
     5  physically able to the nearest police station, or judicial officer.   In
     6  addition  to  the foregoing, any such person shall also: (i) produce the
     7  proof of insurance coverage required pursuant to article forty-four-B of
     8  this chapter if such person is a TNC  driver  operating  a  TNC  vehicle
     9  while  the  incident  occurred who was either (A) logged on to the TNC's
    10  digital network and available to receive transportation requests but not
    11  engaged in a TNC prearranged trip or (B) was  logged  on  to  the  TNC's
    12  digital  network  and  was  engaged  in a TNC prearranged trip; and (ii)
    13  disclose whether he or she, at the  time  such  incident  occurred,  was
    14  either  (A)  logged  on  to  the  TNC's digital network and available to
    15  receive transportation requests but not engaged  in  a  TNC  prearranged
    16  trip  or  (B) was logged on to the TNC's digital network and was engaged
    17  in a TNC prearranged trip.
    18    b. It shall be the duty of any member of a law enforcement agency  who
    19  is  at  the scene of the accident to request the said operator or opera-
    20  tors of the motor vehicles, when physically  capable  of  doing  so,  to
    21  exchange  the  information required hereinabove and such member of a law
    22  enforcement agency shall assist such operator  or  operators  in  making
    23  such exchange of information in a reasonable and harmonious manner.
    24    A violation of the provisions of paragraph a of this subdivision shall
    25  constitute  a  traffic  infraction  punishable  by  a  fine of up to two
    26  hundred fifty dollars or a sentence of imprisonment for  up  to  fifteen
    27  days or both such fine and imprisonment.
    28    2.  Personal  injury.    a.  Any person operating a motor vehicle who,
    29  knowing or having cause to know that personal injury has been caused  to
    30  another  person, due to an incident involving the motor vehicle operated
    31  by such person shall, before leaving the place where the  said  personal
    32  injury  occurred,  stop,  exhibit his or her license and insurance iden-
    33  tification card for such vehicle, when such card is required pursuant to
    34  articles six and eight of this chapter, and give his or her name,  resi-
    35  dence,  including street and street number, insurance carrier and insur-
    36  ance identification information including but not limited to the  number
    37  and  effective  dates  of said individual's insurance policy and license
    38  number, to the injured party, if practical, and also to a  police  offi-
    39  cer,  or  in  the event that no police officer is in the vicinity of the
    40  place of said injury, then, he or she shall report said incident as soon
    41  as physically able to the nearest police station  or  judicial  officer.
    42  In  addition  to  the foregoing, any such person shall also: (i) produce
    43  the  proof  of  insurance  coverage   required   pursuant   to   article
    44  forty-four-B  of this chapter if such person is a TNC driver operating a
    45  TNC vehicle at the time of the incident who was either (A) logged on  to
    46  the  TNC's  digital  network  and  available  to  receive transportation
    47  requests but not engaged in a TNC prearranged trip or (B) was logged  on
    48  to  the TNC's digital network and was engaged in a TNC prearranged trip;
    49  and (ii) disclose whether he or she, at the time such incident occurred,
    50  was either (A) logged on to the TNC's digital network and  available  to
    51  receive  transportation  requests  but  not engaged in a TNC prearranged
    52  trip or (B) was logged on to the TNC's digital network and  was  engaged
    53  in a TNC prearranged trip.
    54    b.  It shall be the duty of any member of a law enforcement agency who
    55  is at the scene of the accident to request the said operator  or  opera-
    56  tors  of  the  motor  vehicles,  when physically capable of doing so, to

        S. 4159                            13
 
     1  exchange the information required hereinabove and such member of  a  law
     2  enforcement  agency  shall  assist  such operator or operators in making
     3  such exchange of information in a reasonable and harmonious manner.
     4    c.  A  violation  of the provisions of paragraph a of this subdivision
     5  resulting solely from the failure of an operator to exhibit his  or  her
     6  license  and  insurance  identification card for the vehicle or exchange
     7  the information required in such paragraph shall constitute  a  class  B
     8  misdemeanor  punishable by a fine of not less than two hundred fifty nor
     9  more than five hundred  dollars  in  addition  to  any  other  penalties
    10  provided  by law. Any subsequent such violation shall constitute a class
    11  A misdemeanor punishable by a fine of not less  than  five  hundred  nor
    12  more  than  one  thousand  dollars  in  addition  to any other penalties
    13  provided by law. Any violation of the provisions of paragraph a of  this
    14  subdivision,  other  than for the mere failure of an operator to exhibit
    15  his or her license and insurance identification card for such vehicle or
    16  exchange the information required in such paragraph, shall constitute  a
    17  class  A misdemeanor, punishable by a fine of not less than five hundred
    18  dollars nor more than one thousand dollars  in  addition  to  any  other
    19  penalties  provided  by  law.  Any  such violation committed by a person
    20  after such person has previously been  convicted  of  such  a  violation
    21  shall constitute a class E felony, punishable by a fine of not less than
    22  one thousand nor more than two thousand five hundred dollars in addition
    23  to  any other penalties provided by law. Any violation of the provisions
    24  of paragraph a of this subdivision, other than for the mere  failure  of
    25  an  operator  to exhibit his or her license and insurance identification
    26  card for such vehicle or exchange the information required in such para-
    27  graph, where the personal injury involved (i) results in  serious  phys-
    28  ical injury, as defined in section 10.00 of the penal law, shall consti-
    29  tute  a  class  E  felony,  punishable  by  a  fine of not less than one
    30  thousand nor more than five thousand dollars in addition  to  any  other
    31  penalties  provided  by law, or (ii) results in death shall constitute a
    32  class D felony punishable by a fine of not less than  two  thousand  nor
    33  more  than  five  thousand  dollars  in  addition to any other penalties
    34  provided by law.
    35    3. For the purposes of this article, the terms  "TNC",  "TNC  driver",
    36  "TNC  vehicle",  "TNC prearranged trip" and "digital network" shall have
    37  the same meanings as such terms are defined in article  forty-four-B  of
    38  this chapter.
    39    § 4-b. Section 601 of the vehicle and traffic law, as amended by chap-
    40  ter 672 of the laws of 2004, is amended to read as follows:
    41    §  601.  Leaving scene of injury to certain animals without reporting.
    42  Any person operating a motor vehicle which shall strike and  injure  any
    43  horse,  dog,  cat or animal classified as cattle shall stop and endeavor
    44  to locate the owner or custodian of such animal or a  police,  peace  or
    45  judicial  officer  of  the  vicinity,  and take any other reasonable and
    46  appropriate action so that the animal may have necessary attention,  and
    47  shall  also promptly report the matter to such owner, custodian or offi-
    48  cer (or if no one of such has been located, then to a police officer  of
    49  some  other  nearby community), exhibiting his or her license and insur-
    50  ance identification card for such vehicle, when such  card  is  required
    51  pursuant  to  articles  six and eight of this chapter, giving his or her
    52  name and residence, including street and street number, insurance carri-
    53  er and insurance identification information and license number. In addi-
    54  tion to the foregoing, any such person shall also: (i) produce the proof
    55  of insurance coverage required pursuant to article forty-four-B of  this
    56  chapter  is  such  person is a TNC driver operating a TNC vehicle at the

        S. 4159                            14
 
     1  time of the incident who was either (A) logged on to the  TNC's  digital
     2  network and available to receive transportation requests but not engaged
     3  in  a  TNC  prearranged  trip  or (B) was logged on to the TNC's digital
     4  network  and  was  engaged  in  a TNC prearranged trip and (ii) disclose
     5  whether he or she, at the time such incident occurred,  was  either  (A)
     6  logged  on  to the TNC's digital network and available to receive trans-
     7  portation requests but not engaged in a TNC prearranged trip or (B)  was
     8  logged  on  to the TNC's digital network and was engaged in a TNC prear-
     9  ranged trip. Violation of this section shall be punishable by a fine  of
    10  not  more  than one hundred dollars for a first offense and by a fine of
    11  not less than fifty nor more than one hundred fifty dollars for a second
    12  offense and each subsequent offense; provided, however where the  animal
    13  that  has been struck and injured is a guide dog, hearing dog or service
    14  dog, as such terms are defined in section  forty-seven-b  of  the  civil
    15  rights  law which is actually engaged in aiding or guiding a person with
    16  a disability, a violation of this section shall be [publishable] punish-
    17  able by a fine of not less than fifty nor more than  one  hundred  fifty
    18  dollars  for  a first offense and by a fine of not less than one hundred
    19  fifty dollars nor more than three hundred dollars for a  second  offense
    20  and each subsequent offense.
    21    § 5. The insurance law is amended by adding a new section 3455 to read
    22  as follows:
    23    §  3455. Transportation network company group insurance policies.  (a)
    24  For purposes of this section, the following definitions shall apply:
    25    (1) "Transportation network company" shall have the  same  meaning  as
    26  set forth in article forty-four-B of the vehicle and traffic law.
    27    (2)  "Certificate"  or  "certificate  of  insurance" means any policy,
    28  contract or other evidence of insurance, or endorsement thereto,  issued
    29  to a group member under a transportation network company group policy.
    30    (3)  "Transportation  network  company group policy" or "group policy"
    31  means a  group  policy,  including  certificates  issued  to  the  group
    32  members, where the group policyholder is a transportation network compa-
    33  ny  and  the  policy  provides  insurance  to the transportation network
    34  company and to group members:
    35    (A) in accordance with the requirements of article forty-four-B of the
    36  vehicle and traffic law;
    37    (B) of the type described in paragraph thirteen, fourteen, or nineteen
    38  of subsection (a) of section one thousand one hundred thirteen  of  this
    39  chapter; and
    40    (C)  in  satisfaction of the financial responsibility requirements set
    41  forth in section three thousand four hundred  twenty  of  this  article,
    42  subdivision  four  of  section  three  hundred eleven of the vehicle and
    43  traffic law, article fifty-one of this chapter, and such other  require-
    44  ments  or  regulations that may apply for the purposes of satisfying the
    45  financial responsibility requirements with respect to the use or  opera-
    46  tion of a motor vehicle.
    47    (4)  "Group  member"  means a transportation network company driver as
    48  defined in article forty-four-B of the vehicle and traffic law.
    49    (5) "Group policyholder" means a transportation network company.
    50    (6) "TNC vehicle" shall have the meaning set forth in  article  forty-
    51  four-B of the vehicle and traffic law.
    52    (b)  An insurer may issue or issue for delivery in this state a trans-
    53  portation network company  group  policy  to  a  transportation  network
    54  company  as  a group policyholder only in accordance with the provisions
    55  of this section.

        S. 4159                            15
 
     1    (c)(1) A transportation network company  group  policy  shall  provide
     2  coverage  for a TNC vehicle in accordance with the requirements of arti-
     3  cle forty-four-B of the vehicle and traffic law.
     4    (2) A transportation network company group policy may provide:
     5    (A) coverage for limits higher than the minimum limits required pursu-
     6  ant to article forty-four-B of the vehicle and traffic law.
     7    (B) supplementary uninsured/underinsured motorists insurance for bodi-
     8  ly  injury  pursuant to paragraph two of subsection (f) of section three
     9  thousand four hundred twenty of this article;
    10    (C) supplemental spousal liability insurance  pursuant  to  subsection
    11  (g) of section three thousand four hundred twenty of this chapter; and
    12    (D)  motor  vehicle physical damage coverage as described in paragraph
    13  nineteen of subsection (a) of section one thousand one hundred  thirteen
    14  of this chapter.
    15    (3)  The  coverage  described  in  paragraphs  one  and  two  of  this
    16  subsection may be provided in one group  policy  or  in  separate  group
    17  policies.    A  transportation  network  company group policy, including
    18  certificates, shall be issued by authorized insurers or from excess line
    19  brokers pursuant to section sixteen hundred ninety-three of the  vehicle
    20  and traffic law.
    21    (4) A policyholder also may be an insured under a group policy.
    22    (d)  The  premium for the transportation network company group policy,
    23  including certificates may be paid by the group  policyholder  from  the
    24  funds contributed:
    25    (1) wholly by the group policyholder;
    26    (2) wholly by the group members; or
    27    (3) jointly by the group policyholder and the group members.
    28    (e)  (1)  Any policy dividend, retrospective premium credit, or retro-
    29  spective premium refund in respect of premiums paid by the group policy-
    30  holder may:
    31    (A) be applied to reduce the premium contribution of the group policy-
    32  holder, but not in excess of the proportion to its contribution; or
    33    (B) be retained by the group policyholder.
    34    (2) Any policy dividend, retrospective premium credit,  or  retrospec-
    35  tive  premium  refund  not  distributed  under  paragraph  one  of  this
    36  subsection shall be:
    37    (A)  applied  to  reduce  future  premiums  and,  accordingly,  future
    38  contributions, of existing or future group members, or both; or
    39    (B)  paid  or  refunded to those group members insured on the date the
    40  payment or refund is made to the group policyholder, if  distributed  by
    41  the  group  policyholder,  or  on  the  date  of mailing, if distributed
    42  directly by the insurer, subject to the following requirements:
    43    (i) The insurer shall be responsible for determining the allocation of
    44  the payment of refund to the group members;
    45    (ii) If the group policyholder distributes the payment or refund,  the
    46  insurer  shall be responsible for audit to ascertain that the payment or
    47  refund is actually made in accordance with the allocation procedure; and
    48    (iii) If the group policyholder fails to make the payment  or  refund,
    49  the  insurer shall make the payment or refund directly or use the method
    50  provided in subparagraph (A) of this paragraph.
    51    (3) Notwithstanding paragraphs one and two of this  subsection,  if  a
    52  dividend  accrues  upon  termination  of coverage under a transportation
    53  network company group policy, the premium for  which  was  paid  out  of
    54  funds  contributed  by  group members specifically for the coverage, the
    55  dividend shall be paid or refunded by  the  group  policyholder  to  the
    56  group  members  insured on the date the payment or refund is made to the

        S. 4159                            16
 
     1  group policyholder, net of reasonable expenses  incurred  by  the  group
     2  policyholder in paying or refunding the dividend to such group members.
     3    (4)  For the purposes of this subsection, "dividend" means a return by
     4  the insurer of a transportation network company group policy  of  excess
     5  premiums  to  the  group policyholder in light of favorable loss experi-
     6  ence, including retrospective premium credits or  retrospective  premium
     7  refunds.  The  term  "dividend"  does not include reimbursements or fees
     8  received by a group policyholder in connection  with  the  operation  or
     9  administration of a transportation network company group policy, includ-
    10  ing  administrative  reimbursements,  fees  for services provided by the
    11  group policyholder, or transactional service fees.
    12    (f) The insurer shall treat in like manner all eligible group  members
    13  of the same class and status.
    14    (g)  Each  policy  written  pursuant to this section shall provide per
    15  occurrence limits of coverage for each group member  in  an  amount  not
    16  less  than  that  required by this article, and may provide coverage for
    17  limits higher than the minimum limits required under the law.
    18    (h) (1) The insurer shall be responsible for mailing or delivery of  a
    19  certificate  of  insurance to each group member insured under the trans-
    20  portation network company group  policy,  provided,  however,  that  the
    21  insurer  may  delegate  the  mailing  or  delivery to the transportation
    22  network company. The insurer shall also be responsible for  the  mailing
    23  or  delivery to each group member of an amended certificate of insurance
    24  or endorsement to the certificate, whenever there is a change in limits;
    25  change in type of  coverage;  addition,  reduction,  or  elimination  of
    26  coverage;  or  addition  of  exclusion, under the transportation network
    27  company group policy or certificate.
    28    (2) The certificate shall contain in substance all material terms  and
    29  conditions of coverage afforded to group members, unless the transporta-
    30  tion  network  company  group  policy is incorporated by reference and a
    31  copy of the group policy accompanies the certificate.
    32    (3) If any coverage afforded to the group member is excess of applica-
    33  ble insurance coverage, the certificate shall contain a notice  advising
    34  the  group  members  that,  if  the member has other insurance coverage,
    35  specified coverages under the transportation network company group poli-
    36  cy will be excess over the other insurance.
    37    (i) A group policyholder shall comply with the provisions  of  section
    38  two  thousand one hundred twenty-two of this chapter, in the same manner
    39  as an agent or broker, in any advertisement, sign,  pamphlet,  circular,
    40  card,  or other public announcement referring to coverage under a trans-
    41  portation network company group policy or certificate.
    42    (j) A transportation network company group policy shall not be subject
    43  to section three thousand four  hundred  twenty-five  or  section  three
    44  thousand  four  hundred  twenty-six  of  this article; provided that the
    45  following requirements shall apply with regard to termination of  cover-
    46  age:
    47    (1)(A)  An insurer may terminate a group policy or certificate only if
    48  cancellation is based on one or more of the reasons set forth in subpar-
    49  agraph (A) through (D) or (F) through (H) of paragraph one of subsection
    50  (c) of section three thousand four hundred twenty-six of  this  article;
    51  provided,  however, that an act or omission by a group member that would
    52  constitute the basis for cancellation of an individual certificate shall
    53  not constitute the basis for cancellation of the group policy.
    54    (B) Where the premium is derived wholly from funds contributed by  the
    55  group policyholder, an insurer may cancel an individual certificate only
    56  if  cancellation  is  based  on  one or more of the reasons set forth in

        S. 4159                            17
 
     1  subparagraph (B), (C) or (H) of  paragraph  one  of  subsection  (c)  of
     2  section three thousand four hundred twenty-six of this article.
     3    (2)  (A)  An  insurer's  cancellation of a group policy, including all
     4  certificates, shall not become effective until  thirty  days  after  the
     5  insurer  mails  or  delivers written notice of cancellation to the group
     6  policyholder at the mailing address shown in the policy.
     7    (i) Where all or part of the premium is derived from funds contributed
     8  by the group member specifically for the  coverage,  the  insurer  shall
     9  also  mail or deliver written notice of cancellation of the group policy
    10  to the group member at the group member's mailing address. Such  cancel-
    11  lation  shall  not  become effective until thirty days after the insurer
    12  mails or delivers the written notice to the group member.
    13    (ii) Where none of the premium is derived from funds contributed by  a
    14  group  member  specifically  for  the  coverage, the group policy holder
    15  shall mail or deliver written notice to the group  member  advising  the
    16  group  member  of the cancellation of the group policy and the effective
    17  date of cancellation. The group policy holder shall mail or deliver  the
    18  written notice within ninety days after receiving notice of cancellation
    19  from the insurer.
    20    (B)  An  insurer's cancellation of an individual certificate shall not
    21  become effective until thirty days after the insurer mails  or  delivers
    22  written notice of cancellation to the group member at the group member's
    23  mailing  address  and  to  the group policyholder at the mailing address
    24  shown in the group policy.
    25    (3) (A) A group policyholder may cancel a group policy, including  all
    26  certificates,  or any individual certificate, for any reason upon thirty
    27  days written notice to the insurer and each group member; and
    28    (B) The group policyholder shall mail or  deliver  written  notice  to
    29  each  affected  group member of the group policyholder's cancellation of
    30  the group policy or certificate and the effective date of  cancellation.
    31  The  group  policyholder shall mail or deliver the written notice to the
    32  group member's mailing address at least thirty days prior to the  effec-
    33  tive date of cancellation.
    34    (4) (A) Unless a group policy provides for a longer policy period, the
    35  policy  and  all  certificates shall be issued or renewed for a one-year
    36  policy period.
    37    (B) The group policyholder shall be entitled to renew the group policy
    38  and all certificates upon timely payment of the premium  billed  to  the
    39  group policyholder for the renewal, unless:
    40    (i)  the  insurer  mails or delivers to the group policyholder and all
    41  group members written notice of nonrenewal, or conditional renewal; and
    42    (ii) the insurer mails or delivers the written notice at least thirty,
    43  but not more than one hundred twenty days prior to the  expiration  date
    44  specified  in  the policy or, if no date is specified, the next anniver-
    45  sary date of the policy.
    46    (5) Where the group policyholder nonrenews the group policy, the group
    47  policyholder shall mail or deliver written notice to each  group  member
    48  advising  the  group  member  of  nonrenewal of the group policy and the
    49  effective date of nonrenewal.  The  group  policyholder  shall  mail  or
    50  deliver written notice at least thirty days prior to the nonrenewal.
    51    (6)  Every  notice of cancellation, nonrenewal, or conditional renewal
    52  shall set forth the specific reason or reasons for cancellation,  nonre-
    53  newal, or conditional renewal.
    54    (7) (A) An insurer shall not be required under this subsection to give
    55  notice  to  a group member if the insurer has been advised by either the

        S. 4159                            18

     1  group policyholder or another insurer that substantially similar  cover-
     2  age has been obtained from the other insurer without lapse of coverage.
     3    (B)  A  group policyholder shall not be required under this subsection
     4  to give notice to a group member if substantially similar  coverage  has
     5  been obtained from another insurer without lapse of coverage.
     6    (8)  (A)  If, prior to the effective date of cancellation, nonrenewal,
     7  or conditional renewal of the group policy, or  a  certificate,  whether
     8  initiated  by  the insurer, group policyholder or by the group member in
     9  regard to the group member's certificate, coverage attaches pursuant  to
    10  the  terms of a group policy, then the coverage shall be effective until
    11  expiration of the applicable period of coverage provided  in  the  group
    12  policy  notwithstanding  the  cancellation,  nonrenewal  or  conditional
    13  nonrenewal of the group policy.
    14    (B) Notwithstanding subparagraph (A) of this paragraph, an insurer may
    15  terminate coverage under an individual certificate on the effective date
    16  of cancellation, if the certificate is cancelled in accordance with  the
    17  provisions of subparagraph (B) of paragraph one of this subsection.
    18    (k)  Any  mailing  or delivery to a group member required or permitted
    19  under this section may be made by electronic mail  if  consent  to  such
    20  method of delivery has been previously received from such group member.
    21    (l) An insurer may issue a transportation network company group policy
    22  to  a  transportation  network company, notwithstanding that it may be a
    23  condition of operating a vehicle on the transportation network company's
    24  digital network for the TNC driver to participate in such group policy.
    25    (m) An insurer shall not include a mandatory arbitration clause  in  a
    26  policy  that  provides  financial  responsibility  coverage  under  this
    27  section except as permitted in section five thousand one hundred five of
    28  the insurance law.
    29    § 6. Subsection (g) of section 5102 of the insurance law is amended to
    30  read as follows:
    31    (g) "Insurer" means the insurance company or self-insurer, as the case
    32  may be, which provides the financial security required  by  article  six
    33  [or], eight, or forty-four-B of the vehicle and traffic law.
    34    § 7. Subsection (b) of section 5103 of the insurance law is amended by
    35  adding a new paragraph 4 to read as follows:
    36    (4)  Is  injured  while a motor vehicle is being used or operated by a
    37  TNC driver pursuant to article forty-four-B of the vehicle  and  traffic
    38  law,  provided,  however, that an insurer may not include this exclusion
    39  in a policy used to satisfy the requirements under article  forty-four-B
    40  of the vehicle and traffic law.
    41    §  8. Subsection (d) of section 5106 of the insurance law, as added by
    42  chapter 452 of the laws of 2005, is amended to read as follows:
    43    (d)  [Where]  (1)  Except  as  provided  in  paragraph  two  of   this
    44  subsection, where there is reasonable belief more than one insurer would
    45  be  the  source  of  first  party benefits, the insurers may agree among
    46  themselves, if there is a valid basis therefor, that one  of  them  will
    47  accept  and pay the claim initially. If there is no such agreement, then
    48  the first insurer to whom notice of claim is given shall be  responsible
    49  for  payment.  Any such dispute shall be resolved in accordance with the
    50  arbitration procedures established pursuant to section five thousand one
    51  hundred five of this article and [regulation] regulations as promulgated
    52  by the superintendent, and any insurer paying first-party benefits shall
    53  be reimbursed by other insurers for their  proportionate  share  of  the
    54  costs  of  the claim and the allocated expenses of processing the claim,
    55  in accordance with the provisions entitled "other coverage" contained in
    56  regulation and the provisions entitled  "other  sources  of  first-party

        S. 4159                            19
 
     1  benefits"  contained  in regulation. If there is no such insurer and the
     2  motor vehicle accident occurs in this state, then an applicant who is  a
     3  qualified  person  as defined in article fifty-two of this chapter shall
     4  institute  the  claim against the motor vehicle accident indemnification
     5  corporation.
     6    (2) A group policy issued pursuant  to  section  three  thousand  four
     7  hundred  fifty-five  of  this chapter shall provide first party benefits
     8  when a dispute exists as to whether a driver was using  or  operating  a
     9  motor  vehicle  in connection with a transportation network company when
    10  loss, damage, injury, or death occurs. A transportation network  company
    11  shall  notify  the  insurer  that issued the owner's policy of liability
    12  insurance of the dispute within ten business days of becoming aware that
    13  the dispute exists. When there is a dispute, the  group  insurer  liable
    14  for  the payment of first party benefits under a group policy shall have
    15  the right to recover the amount paid from the driver's  insurer  to  the
    16  extent  that  the  driver  would  have  been liable to pay damages in an
    17  action at law.
    18    § 9. Subsection (b) of section 2305 of the insurance law,  as  amended
    19  by  chapter  11  of the laws of 2008, paragraph 13 as amended by chapter
    20  136 of the laws of 2008, is amended to read as follows:
    21    (b) rate filings for:
    22    (1) workers' compensation insurance;
    23    (2) motor vehicle insurance, or  surety  bonds,  required  by  section
    24  three  hundred  seventy of the vehicle and traffic law or article forty-
    25  four-B of the vehicle and traffic law;
    26    (3) joint underwriting;
    27    (4) motor vehicle assigned risk insurance;
    28    (5) insurance issued by the New York Property  Insurance  Underwriting
    29  Association;
    30    (6)  risk  sharing  plans  authorized  by  section  two thousand three
    31  hundred eighteen of this article;
    32    (7) title insurance;
    33    (8) medical malpractice liability insurance;
    34    (9) insurance issued by the Medical Malpractice Insurance Association;
    35    (10) mortgage guaranty insurance;
    36    (11) credit property insurance, as defined  in  section  two  thousand
    37  three hundred forty of this article; [and]
    38    (12) gap insurance; and
    39    (13)  [Private]  private  passenger  automobile  insurance,  except as
    40  provided in section two thousand three hundred fifty of this article[.],
    41  shall be filed with the superintendent and shall  not  become  effective
    42  unless  either  the  filing  has been approved or thirty days, which the
    43  superintendent may with cause extend an additional thirty days and  with
    44  further  cause  extend  an additional fifteen days, have elapsed and the
    45  filing has not been disapproved as failing to meet the  requirements  of
    46  this  article, including the standard that rates be not otherwise unrea-
    47  sonable. After a rate filing becomes effective, the filing and  support-
    48  ing  information  shall  be  open  to  public inspection. If a filing is
    49  disapproved, then notice of such disapproval order shall be given, spec-
    50  ifying in what respects such filing fails to meet  the  requirements  of
    51  this  article.  Upon  his  or  her  request, the superintendent shall be
    52  provided with support and  assistance  from  the  workers'  compensation
    53  board  and  other state agencies and departments with appropriate juris-
    54  diction. The loss cost multiplier for each  insurer  providing  coverage
    55  for  workers'  compensation, as defined by regulation promulgated by the

        S. 4159                            20
 
     1  superintendent, shall be promptly displayed on the department's  website
     2  and updated in the event of any change.
     3    §  10.  Paragraph 1 of subsection (a) of section 3425 of the insurance
     4  law, as amended by chapter 235 of the laws of 1989, is amended  to  read
     5  as follows:
     6    (1) "Covered  policy"  means  a  contract of insurance, referred to in
     7  this section as "automobile insurance", issued or issued for delivery in
     8  this state, on a risk  located  or  resident  in  this  state,  insuring
     9  against  losses  or liabilities arising out of the ownership, operation,
    10  or use of a motor vehicle, predominantly used for non-business purposes,
    11  when a natural person is the named insured under the policy  of  automo-
    12  bile  insurance;  provided,  however,  that  the use or operation of the
    13  motor vehicle by a transportation network driver as  a  TNC  vehicle  in
    14  accordance  with  article  forty-four-B  of  the vehicle and traffic law
    15  shall not be included in determining whether the motor vehicle is  being
    16  used predominantly for non-business purposes.
    17    §  11. Subdivisions 1 and 3 of section 160-cc of the executive law, as
    18  added by chapter 49 of the laws of 1999, are amended and a new  subdivi-
    19  sion 10 is added to read as follows:
    20    1. "Black car operator" means the registered owner of a for-hire vehi-
    21  cle,  or  a  driver  designated  by such registered owner to operate the
    22  registered owner's for-hire vehicle as the registered owner's authorized
    23  designee, whose injury arose out of  and  in  the  course  of  providing
    24  covered  services  to  a  central dispatch facility that is a registered
    25  member of the New York black car operators'  injury  compensation  fund,
    26  inc.  For  the  purposes  of administration of this article, a black car
    27  operator shall  include  a  transportation  network  company  driver  as
    28  defined in article forty-four-B of the vehicle and traffic law.
    29    3.  "Central  dispatch  facility"  means  a central facility, wherever
    30  located, including a transportation network company, that (a) dispatches
    31  the registered owners of for-hire vehicles, or  drivers  acting  as  the
    32  designated  agent  of  such  registered  owners,  to  both  pick-up  and
    33  discharge passengers in the state, and (b) has certified to  the  satis-
    34  faction  of the department of state that more than ninety percent of its
    35  for-hire business is on a payment basis other than direct  cash  payment
    36  by  a  passenger;  provided,  however,  that a central dispatch facility
    37  shall not include any such central facility that owns fifty  percent  or
    38  more  of  the  cars it dispatches. For the purposes of administration of
    39  this article, central dispatch facility shall include TNC prearranged as
    40  defined in article forty-four-B of the vehicle and traffic law.
    41    10. "Transportation network company" or  "TNC"  shall  have  the  same
    42  meaning  as  the  term is defined in article forty-four-B of the vehicle
    43  and traffic law.
    44    § 12. Subdivision 1 of section 160-ff of the executive law,  as  added
    45  by chapter 49 of the laws of 1999, is amended to read as follows:
    46    1.  [Within  thirty days of the effective date of this article, there]
    47  There shall be appointed a board of directors of the fund, consisting of
    48  [nine] eleven directors, [five] six of whom shall  be  selected  by  the
    49  black  car  assistance corporation; [three] five of whom shall be chosen
    50  by the governor, including one chosen upon  the  recommendation  of  the
    51  temporary president of the senate and one chosen upon the recommendation
    52  of  the speaker of the assembly, and one chosen to represent a transpor-
    53  tation network company as defined by article forty-four-B of the vehicle
    54  and traffic law; and one of whom shall be the secretary, who shall serve
    55  ex officio. [The initial terms of directors  other  than  the  secretary
    56  shall  be staggered, the three directors appointed by the governor serv-

        S. 4159                            21

     1  ing for initial terms of three years from the  effective  date  of  this
     2  article, three of the remaining five directors serving for initial terms
     3  of  two  years from the effective date of this article and two directors
     4  serving  for  initial  terms of one year from the effective date of this
     5  article.] The [subsequent] terms of all directors other than the  secre-
     6  tary  shall be three years. The board shall have the power to remove for
     7  cause any director other than the secretary.
     8    § 13. Subdivision 3 of section 160-jj of the executive law,  as  added
     9  by chapter 49 of the laws of 1999, is amended to read as follows:
    10    3.  No  local  licensing  authority  or the department or the New York
    11  state department of motor vehicles shall issue, continue  or  renew  any
    12  license  or registration certificate, or permit for the operation of any
    13  central dispatch facility unless such central dispatch  facility,  as  a
    14  condition  of  maintaining  its license and/or registration certificate,
    15  adds the surcharge required by this section to every invoice and billing
    16  for covered services sent to,  and  every  credit  payment  for  covered
    17  services received from, its customers and pays to the fund no later than
    18  the  fifteenth  day  of  each month the total surcharges due pursuant to
    19  this article.
    20    § 14.  Subdivision 1 of section 171-a of the tax law,  as  amended  by
    21  chapter 90 of the laws of 2014, is amended to read as follows:
    22    1.  All  taxes,  interest, penalties and fees collected or received by
    23  the commissioner or the commissioner's duly authorized agent under arti-
    24  cles nine (except section one hundred eighty-two-a thereof and except as
    25  otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
    26  twelve-A  (except  as  otherwise provided in section two hundred eighty-
    27  four-d thereof), thirteen, thirteen-A (except as otherwise  provided  in
    28  section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
    29  (except as otherwise provided in section four hundred eighty-two  there-
    30  of), twenty-B, twenty-one, twenty-two, twenty-six, [twenty-six-B,] twen-
    31  ty-eight  (except as otherwise provided in section eleven hundred two or
    32  eleven hundred three thereof), twenty-eight-A, twenty-nine-B (except  as
    33  otherwise  provided  in  section  twelve  hundred ninety-eight thereof),
    34  thirty-one (except as otherwise provided  in  section  fourteen  hundred
    35  twenty-one  thereof),  thirty-three  and  thirty-three-A of this chapter
    36  shall be deposited daily in one account  with  such  responsible  banks,
    37  banking  houses  or  trust  companies  as may be designated by the comp-
    38  troller, to the credit of the comptroller. Such an account may be estab-
    39  lished in one or more of such depositories. Such deposits shall be  kept
    40  separate  and  apart from all other money in the possession of the comp-
    41  troller. The comptroller shall require adequate security from  all  such
    42  depositories.  Of  the  total  revenue  collected or received under such
    43  articles of this chapter, the comptroller  shall  retain  in  the  comp-
    44  troller's  hands  such  amount  as  the commissioner may determine to be
    45  necessary for refunds or reimbursements  under  such  articles  of  this
    46  chapter  out  of  which  amount the comptroller shall pay any refunds or
    47  reimbursements to which taxpayers shall be entitled under the provisions
    48  of such articles of this chapter. The commissioner and  the  comptroller
    49  shall  maintain  a  system  of  accounts  showing  the amount of revenue
    50  collected or received from each of the taxes imposed by  such  articles.
    51  The  comptroller,  after  reserving  the  amount  to pay such refunds or
    52  reimbursements, shall, on or before the tenth day  of  each  month,  pay
    53  into  the  state  treasury to the credit of the general fund all revenue
    54  deposited under this section during the  preceding  calendar  month  and
    55  remaining  to the comptroller's credit on the last day of such preceding
    56  month, (i) except that the comptroller shall pay to the state department

        S. 4159                            22
 
     1  of social services that amount of overpayments of tax imposed by article
     2  twenty-two of this chapter and the interest  on  such  amount  which  is
     3  certified  to  the  comptroller  by the commissioner as the amount to be
     4  credited against past-due support pursuant to subdivision six of section
     5  one  hundred  seventy-one-c  of  this  article, (ii) and except that the
     6  comptroller shall pay to the New York state  higher  education  services
     7  corporation  and the state university of New York or the city university
     8  of New York respectively that amount of overpayments of tax  imposed  by
     9  article twenty-two of this chapter and the interest on such amount which
    10  is  certified to the comptroller by the commissioner as the amount to be
    11  credited against the amount  of  defaults  in  repayment  of  guaranteed
    12  student loans and state university loans or city university loans pursu-
    13  ant  to subdivision five of section one hundred seventy-one-d and subdi-
    14  vision six of section one hundred seventy-one-e of this  article,  (iii)
    15  and  except further that, notwithstanding any law, the comptroller shall
    16  credit  to  the  revenue  arrearage   account,   pursuant   to   section
    17  ninety-one-a of the state finance law, that amount of overpayment of tax
    18  imposed  by article nine, nine-A, twenty-two, thirty, thirty-A, thirty-B
    19  or thirty-three of this chapter, and  any  interest  thereon,  which  is
    20  certified  to  the  comptroller  by the commissioner as the amount to be
    21  credited against a past-due legally enforceable debt  owed  to  a  state
    22  agency  pursuant  to  paragraph  (a)  of  subdivision six of section one
    23  hundred seventy-one-f of this article, provided, however, he shall cred-
    24  it to the special offset fiduciary account, pursuant to section  ninety-
    25  one-c  of the state finance law, any such amount creditable as a liabil-
    26  ity as set forth in paragraph (b) of  subdivision  six  of  section  one
    27  hundred  seventy-one-f of this article, (iv) and except further that the
    28  comptroller shall pay to the city of New York that amount of overpayment
    29  of tax imposed by article nine, nine-A,  twenty-two,  thirty,  thirty-A,
    30  thirty-B  or  thirty-three of this chapter and any interest thereon that
    31  is certified to the comptroller by the commissioner as the amount to  be
    32  credited  against city of New York tax warrant judgment debt pursuant to
    33  section one hundred  seventy-one-l  of  this  article,  (v)  and  except
    34  further  that  the  comptroller shall pay to a non-obligated spouse that
    35  amount of overpayment of tax imposed by article twenty-two of this chap-
    36  ter and the interest on such amount which has been credited pursuant  to
    37  section  one  hundred  seventy-one-c,  one  hundred  seventy-one-d,  one
    38  hundred seventy-one-e, one hundred seventy-one-f or one  hundred  seven-
    39  ty-one-l  of  this  article and which is certified to the comptroller by
    40  the commissioner as the amount due such non-obligated spouse pursuant to
    41  paragraph six of subsection (b) of section six hundred fifty-one of this
    42  chapter; and (vi) the comptroller shall deduct a like amount  which  the
    43  comptroller  shall  pay  into  the treasury to the credit of the general
    44  fund from amounts subsequently  payable  to  the  department  of  social
    45  services,  the  state university of New York, the city university of New
    46  York, or the higher  education  services  corporation,  or  the  revenue
    47  arrearage  account  or  special  offset  fiduciary  account  pursuant to
    48  section ninety-one-a or ninety-one-c of the state finance  law,  as  the
    49  case  may be, whichever had been credited the amount originally withheld
    50  from such overpayment, and (vii)  with  respect  to  amounts  originally
    51  withheld  from such overpayment pursuant to section one hundred seventy-
    52  one-l of this article and paid to the city of New York, the  comptroller
    53  shall collect a like amount from the city of New York.
    54    §  14-a.  Subdivision 1 of section 171-a of the tax law, as amended by
    55  section 54 of part A of chapter 59 of the laws of 2014,  is  amended  to
    56  read as follows:

        S. 4159                            23
 
     1    1.  All  taxes,  interest, penalties and fees collected or received by
     2  the commissioner or the commissioner's duly authorized agent under arti-
     3  cles nine (except section one hundred eighty-two-a thereof and except as
     4  otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
     5  twelve-A  (except  as  otherwise provided in section two hundred eighty-
     6  four-d thereof), thirteen, thirteen-A (except as otherwise  provided  in
     7  section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
     8  (except as otherwise provided in section four hundred eighty-two  there-
     9  of),  twenty-one,  twenty-two,  twenty-six, [twenty-six-B,] twenty-eight
    10  (except as otherwise provided in section eleven hundred  two  or  eleven
    11  hundred  three thereof), twenty-eight-A, twenty-nine-B (except as other-
    12  wise provided in section twelve hundred ninety-eight  thereof),  thirty-
    13  one (except as otherwise provided in section fourteen hundred twenty-one
    14  thereof),  thirty-three  and  thirty-three-A  of  this  chapter shall be
    15  deposited daily in one account  with  such  responsible  banks,  banking
    16  houses  or  trust  companies as may be designated by the comptroller, to
    17  the credit of the comptroller. Such an account may be established in one
    18  or more of such depositories. Such deposits shall be kept  separate  and
    19  apart  from  all  other  money in the possession of the comptroller. The
    20  comptroller shall require adequate security from all such  depositories.
    21  Of  the  total revenue collected or received under such articles of this
    22  chapter, the comptroller shall retain in the  comptroller's  hands  such
    23  amount  as the commissioner may determine to be necessary for refunds or
    24  reimbursements under such articles of this chapter out of  which  amount
    25  the comptroller shall pay any refunds or reimbursements to which taxpay-
    26  ers  shall  be  entitled  under  the provisions of such articles of this
    27  chapter. The commissioner and the comptroller shall maintain a system of
    28  accounts showing the amount of revenue collected or received  from  each
    29  of  the taxes imposed by such articles. The comptroller, after reserving
    30  the amount to pay such refunds or reimbursements, shall,  on  or  before
    31  the  tenth  day of each month, pay into the state treasury to the credit
    32  of the general fund all revenue deposited under this section during  the
    33  preceding  calendar  month  and remaining to the comptroller's credit on
    34  the last day of such preceding month, (i) except  that  the  comptroller
    35  shall  pay  to  the  state  department of social services that amount of
    36  overpayments of tax imposed by article twenty-two of  this  chapter  and
    37  the interest on such amount which is certified to the comptroller by the
    38  commissioner  as  the  amount  to  be  credited against past-due support
    39  pursuant to subdivision six of section one hundred seventy-one-c of this
    40  article, (ii) and except that the comptroller shall pay to the New  York
    41  state  higher education services corporation and the state university of
    42  New York or the city university of New York respectively that amount  of
    43  overpayments  of  tax  imposed by article twenty-two of this chapter and
    44  the interest on such amount which is certified to the comptroller by the
    45  commissioner as the amount to be credited against the amount of defaults
    46  in repayment of guaranteed student loans and state university  loans  or
    47  city  university  loans  pursuant  to  subdivision  five  of section one
    48  hundred seventy-one-d and subdivision six of section one hundred  seven-
    49  ty-one-e of this article, (iii) and except further that, notwithstanding
    50  any  law, the comptroller shall credit to the revenue arrearage account,
    51  pursuant to section ninety-one-a of the state finance law,  that  amount
    52  of overpayment of tax imposed by article nine, nine-A, twenty-two, thir-
    53  ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest
    54  thereon,  which  is  certified to the comptroller by the commissioner as
    55  the amount to be credited against a past-due  legally  enforceable  debt
    56  owed  to  a state agency pursuant to paragraph (a) of subdivision six of

        S. 4159                            24
 
     1  section one hundred seventy-one-f of this article, provided, however, he
     2  shall credit to  the  special  offset  fiduciary  account,  pursuant  to
     3  section  ninety-one-c of the state finance law, any such amount credita-
     4  ble  as  a liability as set forth in paragraph (b) of subdivision six of
     5  section one hundred seventy-one-f  of  this  article,  (iv)  and  except
     6  further  that  the  comptroller  shall  pay to the city of New York that
     7  amount of overpayment of tax imposed by article  nine,  nine-A,  twenty-
     8  two,  thirty, thirty-A, thirty-B or thirty-three of this chapter and any
     9  interest thereon that is certified to the comptroller by the commission-
    10  er as the amount to be credited against city of  New  York  tax  warrant
    11  judgment  debt  pursuant  to  section  one hundred seventy-one-l of this
    12  article, (v) and except further that the  comptroller  shall  pay  to  a
    13  non-obligated  spouse that amount of overpayment of tax imposed by arti-
    14  cle twenty-two of this chapter and the interest on such amount which has
    15  been credited pursuant to section one hundred seventy-one-c, one hundred
    16  seventy-one-d, one hundred seventy-one-e, one hundred  seventy-one-f  or
    17  one  hundred seventy-one-l of this article and which is certified to the
    18  comptroller by the commissioner as the  amount  due  such  non-obligated
    19  spouse  pursuant  to  paragraph  six  of  subsection  (b) of section six
    20  hundred fifty-one of this chapter; and (vi) the comptroller shall deduct
    21  a like amount which the comptroller shall pay into the treasury  to  the
    22  credit  of  the  general  fund  from amounts subsequently payable to the
    23  department of social services, the state university  of  New  York,  the
    24  city  university  of  New  York, or the higher education services corpo-
    25  ration, or the revenue arrearage account  or  special  offset  fiduciary
    26  account  pursuant  to  section ninety-one-a or ninety-one-c of the state
    27  finance law, as the case may be, whichever had been credited the  amount
    28  originally  withheld  from  such  overpayment, and (vii) with respect to
    29  amounts originally withheld from such overpayment  pursuant  to  section
    30  one  hundred  seventy-one-l  of this article and paid to the city of New
    31  York, the comptroller shall collect a like amount from the city  of  New
    32  York.
    33    §  15. Paragraph 34 of subdivision (b) of section 1101 of the tax law,
    34  as amended by section 1 of part WW of chapter 57 of the laws of 2010, is
    35  amended to read as follows:
    36    (34) Transportation service. The service of transporting, carrying  or
    37  conveying  a  person  or  persons by livery service; whether to a single
    38  destination or to multiple destinations; and  whether  the  compensation
    39  paid  by  or  on behalf of the passenger is based on mileage, trip, time
    40  consumed or any other basis. A service that  begins  and  ends  in  this
    41  state  is deemed intra-state even if it passes outside this state during
    42  a portion of the trip. However, transportation service does not  include
    43  transportation  of  persons  in connection with funerals. Transportation
    44  service includes transporting, carrying, or conveying  property  of  the
    45  person  being  transported,  whether  owned  by  or  in the care of such
    46  person.  Notwithstanding the foregoing, transportation service shall not
    47  include a TNC prearranged trip, as  that  term  is  defined  in  article
    48  forty-four-B  of  the  vehicle  and  traffic law, that is subject to tax
    49  under article twenty-nine-B of this chapter.  In  addition  to  what  is
    50  included  in  the  definition  of  "receipt"  in paragraph three of this
    51  subdivision, receipts from the sale of transportation service subject to
    52  tax include any handling, carrying, baggage, booking  service,  adminis-
    53  trative,  mark-up,  additional,  or other charge, of any nature, made in
    54  conjunction  with  the  transportation  service.  Livery  service  means
    55  service  provided by limousine, black car or other motor vehicle, with a
    56  driver, but excluding (i) a taxicab, (ii) a bus, and (iii), in a city of

        S. 4159                            25
 
     1  one million or more in this state, an  affiliated  livery  vehicle,  and
     2  excluding any scheduled public service. Limousine means a vehicle with a
     3  seating  capacity of up to fourteen persons, excluding the driver. Black
     4  car means a for-hire vehicle dispatched from a central facility. "Affil-
     5  iated  livery  vehicle"  means  a  for-hire motor vehicle with a seating
     6  capacity of up to six persons, including the driver, other than a  black
     7  car or luxury limousine, that is authorized and licensed by the taxi and
     8  limousine  commission  of a city of one million or more to be dispatched
     9  by a base station located in such a city and regulated by such taxi  and
    10  limousine  commission; and the charges for service provided by an affil-
    11  iated livery vehicle are on the basis of flat rate,  time,  mileage,  or
    12  zones and not on a garage to garage basis.
    13    §  16.  The tax law is amended by adding a new article 29-B to read as
    14  follows:
    15                                ARTICLE 29-B
    16           STATE ASSESSMENT FEE ON TRANSPORTATION NETWORK COMPANY
    17                              PREARRANGED TRIPS
    18  Section 1291. Definitions.
    19          1292. Imposition.
    20          1293. Presumption.
    21          1294. Returns and payment of state assessment fee.
    22          1295. Records to be kept.
    23          1296. Secrecy of returns and reports.
    24          1297. Practice and procedure.
    25          1298. Deposit and disposition of revenue.
    26    § 1291. Definitions. (a) "Person" means  an  individual,  partnership,
    27  limited  liability  company,  society, association, joint stock company,
    28  corporation, estate, receiver, trustee, assignee, referee or  any  other
    29  person  acting  in  a  fiduciary  or  representative  capacity,  whether
    30  appointed by a court or otherwise, any combination  of  individuals  and
    31  any other form of unincorporated enterprise owned or conducted by two or
    32  more persons.
    33    (b)  "City" means a city of a million or more located in the metropol-
    34  itan commuter transportation  district  established  by  section  twelve
    35  hundred sixty-two of the public authorities law.
    36    (c)  "Transportation  network  company"  or  "TNC" shall have the same
    37  meaning as the term is defined in article forty-four-B  of  the  vehicle
    38  and traffic law.
    39    (d)  "TNC prearranged trip" shall have the same meaning as the term is
    40  defined in article forty-four-B of the vehicle and traffic law.
    41    (e) "TNC driver" shall have the same meaning as the term is defined in
    42  article forty-four-B of the vehicle and traffic law.
    43    (f) "TNC vehicle" shall have the same meaning as the term  is  defined
    44  in article forty-four-B of the vehicle and traffic law.
    45    (g)  "Gross trip fare" means the sum of the base fare charge, distance
    46  charge and time charge for a complete TNC prearranged trip at  the  rate
    47  published by the TNC by or through which such trip is arranged.
    48    §  1292.  Imposition.  There  is  hereby  imposed on every TNC a state
    49  assessment fee of two percent of the gross trip fare of every TNC prear-
    50  ranged trip provided by such TNC that originates anywhere in  the  state
    51  outside the city and terminates anywhere in this state.
    52    §  1293.  Presumption. For the purpose of the proper administration of
    53  this article and to prevent evasion of the state assessment fee  imposed
    54  by  this  article,  it shall be presumed that every TNC prearranged trip
    55  that originates anywhere in the state outside the city is subject to the

        S. 4159                            26
 
     1  state assessment fee. This presumption shall prevail until the  contrary
     2  is proven by the person liable for the fee.
     3    §  1294. Returns and payment of state assessment fee. (a) Every person
     4  liable for the state assessment fee imposed by this article shall file a
     5  return on a calendar-quarterly basis with the commissioner. Each  return
     6  shall  show the number of TNC prearranged trips in the quarter for which
     7  the return is filed, together with such other information as the commis-
     8  sioner may require.  The returns required by this section shall be filed
     9  within thirty days after the end of the quarterly period covered  there-
    10  by.  If  the  commissioner  deems  it  necessary  in order to ensure the
    11  payment of the state assessment fee imposed by this article, the commis-
    12  sioner  may  require  returns  to  be  made  for  shorter  periods  than
    13  prescribed  by  the  foregoing provisions of this section, and upon such
    14  dates as the commissioner may specify. The  form  of  returns  shall  be
    15  prescribed by the commissioner and shall contain such information as the
    16  commissioner  may  deem  necessary for the proper administration of this
    17  article. The commissioner may require amended returns to be filed within
    18  thirty days after notice and to contain the information specified in the
    19  notice. The commissioner may require that the returns be filed electron-
    20  ically.
    21    (b) Every person required to file a return under this  article  shall,
    22  at  the time of filing such return, pay to the commissioner the total of
    23  all state assessment fees on the correct number of trips subject to such
    24  fee under this article. The amount so payable to  the  commissioner  for
    25  the  period  for which a return is required to be filed shall be due and
    26  payable to the commissioner on the date specified for the filing of  the
    27  return  for  such period, without regard to whether a return is filed or
    28  whether the return that is filed correctly shows the correct  number  of
    29  trips  or  the  amount of fees due thereon. The commissioner may require
    30  that the fee be paid electronically.
    31    § 1295. Records to be kept. Every person liable for the state  assess-
    32  ment fee imposed by this article shall keep:
    33    (a) records of every TNC prearranged trip subject to the state assess-
    34  ment  fee  under  this  article, and of all amounts paid, charged or due
    35  thereon, in such form as the commissioner may require;
    36    (b) true and complete copies of any records required to be kept  by  a
    37  state agency that is authorized to permit or regulate a TNC; and
    38    (c) such other records and information as the commissioner may require
    39  to perform his or her duties under this article.
    40    §  1296. Secrecy of returns and reports. (a) Except in accordance with
    41  proper judicial order or as otherwise  provided  by  law,  it  shall  be
    42  unlawful  for  the  commissioner, any officer or employee of the depart-
    43  ment, any person engaged or retained by the department on an independent
    44  contract basis, or any person who in any manner may acquire knowledge of
    45  the contents of a return or report filed with the commissioner  pursuant
    46  to  this article, to divulge or make known in any manner any particulars
    47  set forth or disclosed in any such  return  or  report.    The  officers
    48  charged  with  the  custody  of  such  returns  and reports shall not be
    49  required to produce any of them or evidence  of  anything  contained  in
    50  them  in  any action or proceeding in any court, except on behalf of the
    51  commissioner in an action or proceeding under  the  provisions  of  this
    52  chapter or in any other action or proceeding involving the collection of
    53  a  state assessment fee due under this article to which the state or the
    54  commissioner is a party or a claimant, or on behalf of any party to  any
    55  action,  proceeding or hearing under the provisions of this article when
    56  the returns, reports or facts shown thereby  are  directly  involved  in

        S. 4159                            27
 
     1  such action, proceeding or hearing, in any of which events the court, or
     2  in  the  case  of a hearing, the division of tax appeals may require the
     3  production of, and may admit into evidence, so  much  of  said  returns,
     4  reports  or  of the facts shown thereby, as are pertinent to the action,
     5  proceeding or hearing and no more. The commissioner or the  division  of
     6  tax  appeals may, nevertheless, publish a copy or a summary of any deci-
     7  sion rendered after a hearing required by this article.  Nothing in this
     8  section shall be construed to prohibit the delivery to a person who  has
     9  filed  a  return or report or to such person's duly authorized represen-
    10  tative of a certified copy of any return or report filed  in  connection
    11  with  such  person's  state  assessment  fee. Nor shall anything in this
    12  section be construed to prohibit the publication of statistics so  clas-
    13  sified as to prevent the identification of particular returns or reports
    14  and  the  items  thereof,  or  the inspection by the attorney general or
    15  other legal representatives of the state of the return or report of  any
    16  person  required  to pay the state assessment fee who shall bring action
    17  to review the state assessment fee based thereon,  or  against  whom  an
    18  action  or  proceeding  under  this  chapter has been recommended by the
    19  commissioner or the attorney general or  has  been  instituted,  or  the
    20  inspection  of the returns or reports required under this article by the
    21  comptroller or duly designated officer or employee of the state  depart-
    22  ment  of audit and control, for purposes of the audit of a refund of any
    23  state assessment fee paid by a person required to pay the state  assess-
    24  ment  fee under this article. Provided, further, nothing in this section
    25  shall be construed to prohibit the disclosure, in  such  manner  as  the
    26  commissioner deems appropriate, of the names and other appropriate iden-
    27  tifying  information  of  those persons required to pay state assessment
    28  fee under this article.
    29    (b) Notwithstanding the provisions of subdivision (a) of this section,
    30  the commissioner, in his or her discretion, may require or permit any or
    31  all persons liable for any state assessment fee imposed by this article,
    32  to make payment to banks, banking houses or trust  companies  designated
    33  by  the commissioner and to file returns with such banks, banking houses
    34  or trust companies as agents of the commissioner, in lieu of paying  any
    35  such  state  assessment  fee  directly to the commissioner. However, the
    36  commissioner shall designate only such banks, banking  houses  or  trust
    37  companies  as  are already designated by the comptroller as depositories
    38  pursuant to section twelve hundred eighty-eight of this chapter.
    39    (c) Notwithstanding the provisions of subdivision (a) of this section,
    40  the commissioner may permit the secretary of the treasury of the  United
    41  States or such secretary's delegate, or the authorized representative of
    42  either  such officer, to inspect any return filed under this article, or
    43  may furnish to such officer or such officer's authorized  representative
    44  an  abstract  of  any such return or supply such person with information
    45  concerning an item contained in any such return,  or  disclosed  by  any
    46  investigation of liability under this article, but such permission shall
    47  be  granted or such information furnished only if the laws of the United
    48  States grant substantially similar privileges  to  the  commissioner  or
    49  officer  of  this  state  charged  with  the administration of the state
    50  assessment fee imposed by this article, and only if such information  is
    51  to be used for purposes of tax administration only; and provided further
    52  the  commissioner may furnish to the commissioner of internal revenue or
    53  such commissioner's authorized representative such returns  filed  under
    54  this article and other tax information, as such commissioner may consid-
    55  er  proper,  for  use in court actions or proceedings under the internal
    56  revenue code, whether civil or criminal, where a written request  there-

        S. 4159                            28
 
     1  for  has  been made to the commissioner by the secretary of the treasury
     2  of the United States or such secretary's delegate, provided the laws  of
     3  the United States grant substantially similar powers to the secretary of
     4  the  treasury  of  the  United  States or his or her delegate. Where the
     5  commissioner has so authorized use of returns and other  information  in
     6  such  actions  or  proceedings, officers and employees of the department
     7  may testify in such actions or proceedings in respect to such returns or
     8  other information.
     9    (d) Returns and reports filed under this article  shall  be  preserved
    10  for  three years and thereafter until the commissioner orders them to be
    11  destroyed.
    12    (e) (1) Any officer or employee of the state  who  willfully  violates
    13  the  provisions  of  subdivision  (a) of this section shall be dismissed
    14  from office and be incapable of holding any public office for  a  period
    15  of five years thereafter.
    16    (2)  Cross-reference: For criminal penalties, see article thirty-seven
    17  of this chapter.
    18    § 1297. Practice and procedure. The provisions of article twenty-seven
    19  of this chapter shall apply with respect to the  administration  of  and
    20  procedure with respect to the state assessment fee imposed by this arti-
    21  cle  in  the  same  manner  and with the same force and effect as if the
    22  language of such article twenty-seven had been incorporated in full into
    23  this article and had expressly referred  to  the  state  assessment  fee
    24  under  this  article,  except  to  the extent that any such provision is
    25  either inconsistent with a provision of this article or is not  relevant
    26  to this article.
    27    §  1298. Deposit and disposition of revenue. All taxes, fees, interest
    28  and penalties collected or received by the commissioner under this arti-
    29  cle shall be deposited and disposed of pursuant  to  the  provisions  of
    30  section  one  hundred  seventy-one-a  of  this chapter. From such taxes,
    31  interest and penalties collected or received by the  commissioner  under
    32  this  article,  fifty  percent  shall  be deposited to the credit of the
    33  dedicated highway and bridge trust fund as defined  in  section  eighty-
    34  nine-b  of the state finance law and fifty percent shall be deposited to
    35  the credit of the local transit assistance fund established  in  section
    36  eighty-nine-i of the state finance law.
    37    §  17.  The tax law is amended by adding a new section 1822 to read as
    38  follows:
    39    § 1822. Violation  of  the  state  assessment  fee  on  transportation
    40  network  company  prearranged  trips. Any willful act or omission by any
    41  person that constitutes a violation of any provision of article  twenty-
    42  nine-B of this chapter shall constitute a misdemeanor.
    43    §  18. Section 1825 of the tax law, as amended by section 89 of part A
    44  of chapter 59 of the laws of 2014, is amended to read as follows:
    45    § 1825. Violation of secrecy provisions of the  tax  law.--Any  person
    46  who  violates  the  provisions of subdivision (b) of section twenty-one,
    47  subdivision one of section two hundred two, subdivision eight of section
    48  two hundred eleven, subdivision (a) of section three  hundred  fourteen,
    49  subdivision  one  or  two  of section four hundred thirty-seven, section
    50  four hundred eighty-seven,  subdivision  one  or  two  of  section  five
    51  hundred  fourteen,  subsection  (e) of section six hundred ninety-seven,
    52  subsection (a) of section nine hundred ninety-four, subdivision  (a)  of
    53  section  eleven  hundred forty-six, section twelve hundred eighty-seven,
    54  section twelve hundred ninety-six, subdivision (a) of  section  fourteen
    55  hundred  eighteen,  subdivision (a) of section fifteen hundred eighteen,
    56  subdivision (a) of section fifteen hundred fifty-five of  this  chapter,

        S. 4159                            29
 
     1  and subdivision (e) of section 11-1797 of the administrative code of the
     2  city of New York shall be guilty of a misdemeanor.
     3    §  19. 1. For purposes of this section, transportation network company
     4  shall mean a  transportation  network  company  as  defined  by  article
     5  forty-four-B of the vehicle and traffic law.
     6    2.  There  is  hereby  established  the  New York State Transportation
     7  Network Company Accessibility Task Force to analyze and advise on how to
     8  maximize effective and integrated transportation  services  for  persons
     9  with  disabilities in the transportation network company market. The New
    10  York State Transportation Network Company Accessibility Task Force shall
    11  consist of eleven members. Two members of the New York State Transporta-
    12  tion Network Company Accessibility Task Force shall be appointed by  the
    13  speaker  of  the assembly. Two members of the New York State Transporta-
    14  tion Network Company Accessibility Task Force shall be appointed by  the
    15  temporary  president  of the senate. Seven members of the New York State
    16  Transportation  Network  Company  Accessibility  Task  Force  shall   be
    17  appointed  by the governor and shall include, but not be limited to, two
    18  representatives of groups who serve persons with  disabilities  and  two
    19  representatives  from  a  transportation  network  company. The governor
    20  shall designate two chairpersons to the New  York  State  Transportation
    21  Network Company Accessibility Task Force.
    22    3.  The  New  York  State Transportation Network Company Accessibility
    23  Task Force shall study the demand responsive transportation  marketplace
    24  and shall, in addition to any responsibilities assigned by the governor:
    25  (a)  conduct a needs assessment concerning the demand for demand respon-
    26  sive  accessible  transportation;  (b)  conduct  a  resource  assessment
    27  concerning  the availability of accessible demand responsive transporta-
    28  tion services for persons with disabilities; (c) identify  opportunities
    29  for,  and barriers to, increasing accessible demand responsive transpor-
    30  tation service for persons with mobility disabilities; (d) propose stra-
    31  tegies  for  increasing  accessible  demand  responsive   transportation
    32  service  for  persons with disabilities; and (e) any other issues deter-
    33  mined important to the  task  force  in  establishing  a  recommendation
    34  pursuant to subdivision five of this section.
    35    4.  The  New  York  State Transportation Network Company Accessibility
    36  Task Force shall hold public hearings and  provide  an  opportunity  for
    37  public  comment  on  the activities described in subdivision two of this
    38  section.
    39    5. The New York State  Transportation  Network  Company  Accessibility
    40  Task  Force  shall complete a report addressing the activities described
    41  in subdivision two of this section and make a recommendation,  supported
    42  by  such  activities, recommending the amount of accessibility necessary
    43  for adequate transportation for disabled passengers in order to  utilize
    44  transportation  network  companies and present such findings at a public
    45  meeting where its members shall accept such report, pursuant to majority
    46  vote of the task force, and present such report  to  the  governor,  the
    47  speaker  of  the assembly and the temporary president of the senate, and
    48  make such report publicly available for review.
    49    6. Upon making the  report  described  in  subdivision  five  of  this
    50  section, the New York State Transportation Network Company Accessibility
    51  Task Force shall be deemed dissolved.
    52    § 20. The state finance law is amended by adding a new section 89-i to
    53  read as follows:
    54    §  89-i. Local transit assistance fund. 1. There is hereby established
    55  in the joint custody of the state comptroller and  the  commissioner  of
    56  taxation and finance a fund to be known as the "local transit assistance

        S. 4159                            30
 
     1  fund".  Moneys  in the local transit assistance fund shall be kept sepa-
     2  rately from and shall not be commingled with any  other  moneys  in  the
     3  joint  or  sole  custody of the state comptroller or the commissioner of
     4  taxation and finance.
     5    2. The comptroller shall establish the following separate and distinct
     6  account  within  the  local  transit  assistance  fund:  Non-MTA transit
     7  assistance account.
     8    3. The local transit assistance fund shall consist of monies collected
     9  therefore or credited  or  transferred  thereto  from  nay  other  fund,
    10  account,  or  source,  including  a portion of the revenues derived from
    11  article twenty-nine-B of the tax law pursuant to section twelve  hundred
    12  ninety-eight of the tax law. Any interest received by the comptroller on
    13  monies on deposit in the local transit assistance fund shall be retained
    14  in and become part of such fund.
    15    4. Monies in the local transit assistance fund shall, following appro-
    16  priation  by  the  legislature, be distributed to each county not wholly
    17  contained within a city with a population of a million  or  more.    The
    18  funding  directed to the counties shall be distributed to each county in
    19  the same proportion as the revenue generated by each county  under  this
    20  article and shall only be used by the counties for transit programs.
    21    5.  All payments of money from the local transit assistance fund shall
    22  be made on the audit and warrant of the comptroller.
    23    § 21. Severability clause. If any provision of this act or the  appli-
    24  cation  thereof  is held invalid, such invalidity shall not affect other
    25  provisions or applications of this act which can be given effect without
    26  the invalid provision or application, and to this end the provisions  of
    27  this act are declared to be severable.
    28    §  22.  Each agency that is designated to perform any function or duty
    29  pursuant to this act shall be authorized to establish  rules  and  regu-
    30  lations  for  the  administration  and  execution of such authority in a
    31  manner consistent with the provisions of this act and for the protection
    32  of the public, health, safety and welfare of persons within this state.
    33    § 23. This act shall take effect on the ninetieth day after  it  shall
    34  have  become  a  law;  provided  that the amendments to subdivision 1 of
    35  section 171-a of the tax law made by section fourteen of this act  shall
    36  not  affect  the  expiration of such subdivision and shall expire there-
    37  with, pursuant to section 12 of chapter 90  of  the  laws  of  2014,  as
    38  amended,  when  upon  such  date the provisions of section fourteen-a of
    39  this act shall take effect.
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S04159 LFIN:

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