A. 8195--A 2
RIDE TO RIDERS UPON CONNECTION THROUGH A DIGITAL NETWORK CONTROLLED BY A
TRANSPORTATION NETWORK COMPANY IN RETURN FOR COMPENSATION OR PAYMENT OF
A FEE.
(5) "TRANSPORTATION NETWORK COMPANY RIDER" OR "RIDER" MEANS AN INDI-
VIDUAL OR PERSONS WHO USE A TRANSPORTATION NETWORK COMPANY'S DIGITAL
NETWORK TO CONNECT WITH A TRANSPORTATION NETWORK DRIVER WHO PROVIDES
PREARRANGED RIDES TO THE RIDER IN THE DRIVER'S PERSONAL VEHICLE BETWEEN
POINTS CHOSEN BY THE RIDER.
(6) "PREARRANGED RIDE" MEANS THE PROVISION OF TRANSPORTATION BY A
DRIVER TO A RIDER, BEGINNING WHEN A DRIVER ACCEPTS A RIDE REQUESTED BY A
RIDER THROUGH A DIGITAL NETWORK CONTROLLED BY A TRANSPORTATION NETWORK
COMPANY, CONTINUING WHILE THE DRIVER TRANSPORTS A REQUESTING RIDER, AND
ENDING WHEN THE LAST REQUESTING RIDER DEPARTS FROM THE PERSONAL VEHICLE.
(7) "GROUP POLICY" MEANS AN INSURANCE POLICY ISSUED PURSUANT TO
SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THIS ARTICLE.
(8) "UNAUTHORIZED USER" MEANS AN INDIVIDUAL OR PERSONS, OTHER THAN A
TRANSPORTATION NETWORK COMPANY DRIVER, WHO USE A TRANSPORTATION NETWORK
COMPANY DRIVER'S ACCOUNT TO LOG ON TO THE TRANSPORTATION NETWORK COMPA-
NY'S DIGITAL NETWORK AND PROVIDE PREARRANGED RIDES TO RIDERS.
(C) PRIOR TO OPERATING IN THIS STATE, A TRANSPORTATION NETWORK COMPANY
SHALL PURCHASE AND MAINTAIN A GROUP POLICY THAT:
(1) RECOGNIZES THAT THE DRIVER IS A TRANSPORTATION NETWORK COMPANY
DRIVER OR OTHERWISE USES A VEHICLE TO TRANSPORT PASSENGERS FOR COMPEN-
SATION AND COVERS THE DRIVER:
(A) WHILE THE DRIVER IS LOGGED ON TO THE TRANSPORTATION NETWORK COMPA-
NY'S DIGITAL NETWORK; AND
(B) WHILE THE DRIVER IS ENGAGED IN A PREARRANGED RIDE.
(2) THE FOLLOWING AUTOMOBILE INSURANCE REQUIREMENTS SHALL APPLY WHILE
A PARTICIPATING TRANSPORTATION NETWORK COMPANY DRIVER OR UNAUTHORIZED
USER IS LOGGED ON TO THE TRANSPORTATION NETWORK COMPANY'S DIGITAL
NETWORK AND IS AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT IS NOT
ENGAGED IN A PREARRANGED RIDE:
(A) PRIMARY AUTOMOBILE LIABILITY INSURANCE IN THE AMOUNT OF AT LEAST
ONE HUNDRED THOUSAND DOLLARS FOR DEATH AND BODILY INJURY PER PERSON,
THREE HUNDRED THOUSAND DOLLARS FOR DEATH AND BODILY INJURY PER INCIDENT,
AND TWENTY-FIVE THOUSAND DOLLARS FOR PROPERTY DAMAGE AND COVERAGE IN
SATISFACTION OF THE FINANCIAL RESPONSIBILITY REQUIREMENTS SET FORTH IN
SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE, ARTICLE
FIFTY-ONE OF THIS CHAPTER AND REGULATIONS PROMULGATED THEREUNDER.
(B) THE COVERAGE REQUIREMENTS OF THIS SUBSECTION MAY BE SATISFIED ONLY
BY AUTOMOBILE INSURANCE PROVIDED THROUGH A GROUP POLICY MAINTAINED BY
THE TRANSPORTATION NETWORK COMPANY.
(3) THE FOLLOWING AUTOMOBILE INSURANCE REQUIREMENTS SHALL APPLY WHILE
A TRANSPORTATION NETWORK COMPANY DRIVER OR UNAUTHORIZED USER IS ENGAGED
IN A PREARRANGED RIDE:
(A) PRIMARY AUTOMOBILE LIABILITY INSURANCE THAT PROVIDES AT LEAST ONE
MILLION FIVE HUNDRED THOUSAND DOLLARS FOR DEATH, BODILY INJURY AND PROP-
ERTY DAMAGE AND COVERAGE IN SATISFACTION OF THE FINANCIAL RESPONSIBILITY
REQUIREMENTS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF
THIS ARTICLE, ARTICLE FIFTY-ONE OF THIS CHAPTER AND REGULATIONS PROMUL-
GATED THEREUNDER.
(B) THE COVERAGE REQUIREMENTS OF THIS SUBSECTION MAY BE SATISFIED ONLY
BY AUTOMOBILE INSURANCE PROVIDED THROUGH A GROUP POLICY MAINTAINED BY
THE TRANSPORTATION NETWORK COMPANY.
(4) A TRANSPORTATION NETWORK COMPANY SHALL, UPON ENTERING INTO A
CONTRACTUAL AGREEMENT WITH A TRANSPORTATION NETWORK COMPANY DRIVER,
A. 8195--A 3
PROVIDE NOTICE TO THE TRANSPORTATION NETWORK COMPANY DRIVER THAT THE
DRIVER MAY NEED ADDITIONAL INSURANCE COVERAGE INCLUDING MOTOR VEHICLE
PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN PARAGRAPH NINETEEN OF
SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THIS
CHAPTER IF THE DRIVER'S PERSONAL VEHICLE IS SUBJECT TO A LEASE OR LOAN
AND THAT THE TRANSPORTATION NETWORK COMPANY SHALL PROVIDE THIS ADDI-
TIONAL COVERAGE PURSUANT TO PARAGRAPH TWO OF SUBSECTION (C) OF SECTION
THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THIS ARTICLE IF NECESSARY. A
TRANSPORTATION NETWORK COMPANY SHALL ALSO POST THIS NOTICE ON ITS
WEBSITE IN A PROMINENT PLACE.
(5) ANY COVERAGE PROVIDED BY A TRANSPORTATION NETWORK COMPANY'S GROUP
POLICY SHALL BE PRIMARY WITH RESPECT TO ANY OTHER INSURANCE AVAILABLE TO
A TRANSPORTATION NETWORK COMPANY DRIVER.
(6) INSURANCE REQUIRED BY THIS SUBSECTION MAY BE PLACED WITH AN INSUR-
ER AUTHORIZED OR ELIGIBLE TO WRITE INSURANCE IN THIS STATE AND SHALL BE
ELIGIBLE FOR PLACEMENT BY AN EXCESS LINE BROKER LICENSED PURSUANT TO
ARTICLE TWENTY-ONE OF THIS CHAPTER.
(7) INSURANCE SATISFYING THE REQUIREMENTS OF THIS SUBSECTION SHALL BE
DEEMED TO SATISFY THE FINANCIAL RESPONSIBILITY REQUIREMENTS SET FORTH IN
SUBDIVISION FOUR OF SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND
TRAFFIC LAW, SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE,
ARTICLE FIFTY-ONE OF THIS CHAPTER, AND REGULATIONS PROMULGATED THERE-
UNDER, AND SUCH OTHER REQUIREMENTS THAT MAY APPLY FOR THE PURPOSES OF
SATISFYING THE FINANCIAL RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE
USE OR OPERATION OF A MOTOR VEHICLE.
(8) A TRANSPORTATION NETWORK COMPANY DRIVER SHALL CARRY PROOF OF
COVERAGE SATISFYING PARAGRAPHS TWO AND THREE OF THIS SUBSECTION WITH HIM
OR HER AT ALL TIMES DURING HIS OR HER USE OF A VEHICLE IN CONNECTION
WITH A TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK. IN THE EVENT OF
AN ACCIDENT, A TRANSPORTATION NETWORK COMPANY DRIVER SHALL PROVIDE THIS
INSURANCE COVERAGE INFORMATION TO THE DIRECTLY INTERESTED PARTIES, AUTO-
MOBILE INSURERS AND INVESTIGATING POLICE OFFICERS, UPON REQUEST. UPON
SUCH REQUEST, A TRANSPORTATION NETWORK COMPANY DRIVER SHALL ALSO
DISCLOSE TO DIRECTLY INTERESTED PARTIES, AUTOMOBILE INSURERS, AND INVES-
TIGATING POLICE OFFICERS, WHETHER HE OR SHE WAS LOGGED ON TO THE TRANS-
PORTATION NETWORK COMPANY'S DIGITAL NETWORK OR ON A PREARRANGED RIDE AT
THE TIME OF AN ACCIDENT.
(D) A TRANSPORTATION NETWORK COMPANY SHALL, PRIOR TO ALLOWING TRANS-
PORTATION NETWORK COMPANY DRIVERS TO ACCEPT REQUESTS FOR PREARRANGED
RIDES, NOTIFY DRIVERS IN WRITING OF THE FOLLOWING:
(1) THE INSURANCE COVERAGE, INCLUDING THE TYPES OF COVERAGE AND THE
LIMITS FOR EACH COVERAGE, THAT THE TRANSPORTATION NETWORK COMPANY
PROVIDES WHILE THE TRANSPORTATION NETWORK COMPANY DRIVER USES A PERSONAL
VEHICLE IN CONNECTION WITH A TRANSPORTATION NETWORK COMPANY'S DIGITAL
NETWORK; AND
(2) THAT THE TRANSPORTATION NETWORK COMPANY DRIVER'S OWN AUTOMOBILE
INSURANCE POLICY MAY NOT PROVIDE ANY COVERAGE WHILE THE DRIVER IS LOGGED
ON TO THE TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK AND IS AVAIL-
ABLE TO RECEIVE TRANSPORTATION REQUESTS OR IS ENGAGED IN A PREARRANGED
RIDE, DEPENDING ON ITS TERMS.
(E) A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE THE DEPARTMENT OF
MOTOR VEHICLES WITH A LIST OF THE PERSONAL PASSENGER MOTOR VEHICLES THAT
PARTICIPATE IN THE PROGRAM WHICH SHALL BE UPDATED BY THE PROGRAM EACH
TIME A NEW OWNER BECOMES A PARTY TO A VALID CONTRACT WITH THE PROGRAM.
(F) NOTHING IN THIS SECTION SHALL PROHIBIT THE LOCAL LEGISLATIVE BODY
OF ANY MUNICIPALITY FROM REQUIRING, EITHER BY LOCAL LAW OR ORDINANCE,
A. 8195--A 4
INSURANCE COVERAGE LIMITS FOR TRANSPORTATION NETWORK COMPANIES IN EXCESS
OF THE MINIMUM LIMITS REQUIRED BY THIS SECTION.
(G) NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OF CITIES,
TOWNS, VILLAGES AND CERTAIN COUNTIES TO ENACT ORDINANCES REGULATING
REGISTRATION, LICENSING, PARKING AND PASSENGER PICK-UP AND DISCHARGE OF
TAXICABS, LIMOUSINES, LIVERY VEHICLES AND TRANSPORTATION NETWORK COMPA-
NIES PURSUANT TO SECTION ONE HUNDRED EIGHTY-ONE OF THE GENERAL MUNICIPAL
LAW.
S 2. The insurance law is amended by adding a new section 3455 to read
as follows:
S 3455. TRANSPORTATION NETWORK COMPANY GROUP INSURANCE POLICIES. (A)
FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
(1) "TRANSPORTATION NETWORK COMPANY" SHALL HAVE THE MEANING SET FORTH
IN SUBSECTION (B) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-ONE OF
THIS ARTICLE.
(2) "CERTIFICATE" OR "CERTIFICATE OF INSURANCE" MEANS ANY POLICY,
CONTRACT OR OTHER EVIDENCE OF INSURANCE, OR RIDER OR ENDORSEMENT THERE-
TO, ISSUED TO A GROUP MEMBER UNDER A TRANSPORTATION NETWORK COMPANY
GROUP POLICY.
(3) "TRANSPORTATION NETWORK COMPANY GROUP POLICY" OR "GROUP POLICY"
MEANS GROUP POLICY, INCLUDING CERTIFICATE ISSUED TO THE GROUP MEMBERS,
WHERE THE GROUP POLICYHOLDER IS A TRANSPORTATION NETWORK COMPANY AND THE
POLICY PROVIDES INSURANCE TO THE TRANSPORTATION NETWORK COMPANY AND TO
GROUP MEMBERS:
(A) IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION (C) OF SECTION
THREE THOUSAND FOUR HUNDRED FORTY-ONE OF THIS ARTICLE;
(B) OF THE TYPE DESCRIBED IN PARAGRAPHS THIRTEEN, FOURTEEN AND NINE-
TEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF
THIS CHAPTER; AND
(C) IN SATISFACTION OF THE FINANCIAL RESPONSIBILITY REQUIREMENTS SET
FORTH IN SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE,
SUBDIVISION FOUR OF SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND
TRAFFIC LAW, ARTICLE FIFTY-ONE OF THIS CHAPTER, AND REGULATIONS PROMUL-
GATED THEREUNDER.
(4) "GROUP MEMBER" MEANS A "TRANSPORTATION NETWORK COMPANY DRIVER" AS
DEFINED IN SUBSECTION (B) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-
ONE OF THIS ARTICLE.
(5) "GROUP POLICYHOLDER" MEANS A TRANSPORTATION NETWORK COMPANY.
(6) "PERSONAL VEHICLE" SHALL HAVE THE MEANING SET FORTH IN SUBSECTION
(B) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-ONE OF THIS ARTICLE.
(B) AN INSURER MAY ISSUE OR ISSUE FOR DELIVERY IN THIS STATE A TRANS-
PORTATION NETWORK COMPANY GROUP POLICY TO A TRANSPORTATION NETWORK
COMPANY AS A GROUP POLICYHOLDER ONLY IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION.
(C)(1) A TRANSPORTATION NETWORK COMPANY GROUP POLICY SHALL PROVIDE
COVERAGE FOR A PERSONAL VEHICLE IN ACCORDANCE WITH THE REQUIREMENTS OF
SUBSECTION (C) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-ONE OF THIS
ARTICLE.
(2) A TRANSPORTATION NETWORK COMPANY GROUP POLICY SHALL PROVIDE UPON
REQUEST BY A DRIVER:
(A) COVERAGE FOR LIMITS HIGHER THAN THE MINIMUM LIMITS REQUIRED PURSU-
ANT TO SUBSECTION (C) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-ONE
OF THIS ARTICLE;
(B) SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS INSURANCE FOR BODI-
LY INJURY PURSUANT TO PARAGRAPH TWO OF SUBSECTION (F) OF SECTION THREE
THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE;
A. 8195--A 5
(C) SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE PURSUANT TO SUBSECTION
(G) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS CHAPTER; AND
(D) MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN PARAGRAPH
NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF THIS CHAPTER.
(3) THE COVERAGE DESCRIBED IN PARAGRAPHS ONE AND TWO OF THIS
SUBSECTION MAY BE PROVIDED IN ONE GROUP POLICY OR IN SEPARATE GROUP
POLICIES.
(4) ANY COVERAGE PROVIDED BY A TRANSPORTATION NETWORK COMPANY'S GROUP
POLICY SHALL BE PRIMARY WITH RESPECT TO ANY OTHER INSURANCE AVAILABLE TO
THE TRANSPORTATION NETWORK COMPANY DRIVER.
(5) A TRANSPORTATION NETWORK COMPANY GROUP POLICY, INCLUDING CERTIF-
ICATES, SHALL BE ISSUED BY AN INSURER AUTHORIZED OR ELIGIBLE TO WRITE
INSURANCE IN THIS STATE AND SHALL BE ELIGIBLE FOR PLACEMENT BY AN EXCESS
LINE BROKER LICENSED PURSUANT TO ARTICLE TWENTY-ONE OF THIS CHAPTER.
(6) A POLICYHOLDER ALSO MAY BE AN INSURED UNDER A GROUP POLICY.
(D) THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS THAT PROVIDE FOR
THE DISTRIBUTION OF ANY POLICY DIVIDEND, RETROSPECTIVE PREMIUM CREDIT,
OR RETROSPECTIVE PREMIUM REFUND IN RESPECT OF PREMIUMS PAID BY THE GROUP
POLICYHOLDER.
(E) (1) THE INSURER OR THE GROUP POLICYHOLDER SHALL BE RESPONSIBLE FOR
MAILING OR DELIVERY OF A CERTIFICATE OF INSURANCE TO EACH GROUP MEMBER
INSURED UNDER THE TRANSPORTATION NETWORK COMPANY GROUP POLICY. THE
INSURER OR THE GROUP POLICYHOLDER SHALL ALSO BE RESPONSIBLE FOR THE
MAILING OR DELIVERY TO EACH GROUP MEMBER OF AN AMENDED CERTIFICATE OF
INSURANCE OR ENDORSEMENT TO THE CERTIFICATE, WHENEVER THERE IS A CHANGE
IN LIMITS; CHANGE IN TYPE OF COVERAGE; ADDITION, REDUCTION, OR ELIMI-
NATION OF COVERAGE; OR ADDITION OF EXCLUSION, UNDER THE TRANSPORTATION
NETWORK COMPANY GROUP POLICY OR CERTIFICATE.
(2) THE CERTIFICATE SHALL CONTAIN IN SUBSTANCE ALL MATERIAL TERMS AND
CONDITIONS OF COVERAGE AFFORDED TO GROUP MEMBERS, UNLESS THE TRANSPORTA-
TION NETWORK COMPANY GROUP POLICY IS INCORPORATED BY REFERENCE AND A
COPY OF THE GROUP POLICY ACCOMPANIES THE CERTIFICATE.
(F) A GROUP POLICYHOLDER SHALL COMPLY WITH THE PROVISIONS OF SECTION
TWO THOUSAND ONE HUNDRED TWENTY-TWO OF THIS CHAPTER, IN THE SAME MANNER
AS AN AGENT OR BROKER, IN ANY ADVERTISEMENT, SIGN, PAMPHLET, CIRCULAR,
CARD, OR OTHER PUBLIC ANNOUNCEMENT REFERRING TO COVERAGE UNDER A TRANS-
PORTATION NETWORK COMPANY GROUP POLICY OR CERTIFICATE.
(G) A TRANSPORTATION NETWORK COMPANY'S GROUP POLICY SHALL BE SUBJECT
TO SECTION THREE THOUSAND FOUR HUNDRED AND TWENTY-SIX OF THIS ARTICLE
WITH REGARD TO TERMINATION OF COVERAGE.
(H) ANY MAILING OR DELIVERY TO A GROUP MEMBER REQUIRED OR PERMITTED
UNDER THIS SECTION MAY BE MADE BY ELECTRONIC MAIL IF CONSENT TO SUCH
METHOD OF DELIVERY HAS BEEN PREVIOUSLY RECEIVED FROM SUCH GROUP MEMBER.
(I) FORMS AND RATES FOR ANY GROUP POLICY ISSUED OR ISSUED FOR DELIVERY
IN THIS STATE PURSUANT TO THIS SECTION SHALL BE FILED WITH THE SUPER-
INTENDENT IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER. THE
SUPERINTENDENT SHALL NOT APPROVE FOR DELIVERY ANY POLICY UNDER THIS
SECTION FOR A VEHICLE WHICH IS LICENSED TO OPERATE BY A TAXI AND LIMOU-
SINE COMMISSION, IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE.
(J) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING PERSONS,
FIRMS, ASSOCIATIONS OR CORPORATIONS ENGAGED IN THE BUSINESS OF CARRYING
OR TRANSPORTING PASSENGERS FOR HIRE FROM PURCHASING GROUP POLICIES
ISSUED PURSUANT TO THIS SECTION.
S 3. The executive law is amended by adding a new article 6-H to read
as follows:
A. 8195--A 6
ARTICLE 6-H
TRANSPORTATION NETWORK COMPANY DRIVER'S INJURY
COMPENSATION FUND
SECTION 160-AAAA. DEFINITIONS.
160-BBBB. TRANSPORTATION NETWORK COMPANY DRIVERS INJURY COMPEN-
SATION FUND, INC.
160-CCCC. SUPERVISION OF TRANSPORTATION NETWORK COMPANIES.
160-DDDD. MANAGEMENT OF THE FUND.
160-EEEE. PLAN OF OPERATION.
160-FFFF. MEMBERSHIP.
160-GGGG. SECURING WORKERS' COMPENSATION.
160-HHHH. ASSESSMENT OF FUND MEMBERS.
160-IIII. LIABILITY INSURANCE.
160-JJJJ. REGULATIONS.
160-KKKK. FINANCIAL OVERSIGHT OF THE FUND.
160-LLLL. VIOLATIONS.
S 160-AAAA. DEFINITIONS.
AS USED IN THIS ARTICLE:
1. "TRANSPORTATION NETWORK COMPANY DRIVER" OR "DRIVER" MEANS AN INDI-
VIDUAL WHO:
(A) RECEIVES CONNECTIONS TO POTENTIAL RIDERS FROM A TRANSPORTATION
NETWORK COMPANY IN EXCHANGE FOR PAYMENT OF A FEE TO THE TRANSPORTATION
NETWORK COMPANY;
(B) USES A PERSONAL VEHICLE TO OFFER OR PROVIDE A PREARRANGED RIDE TO
A TRANSPORTATION NETWORK COMPANY RIDERS UPON CONNECTION THROUGH A
DIGITAL NETWORK CONTROLLED BY A TRANSPORTATION NETWORK COMPANY AND IN
EXCHANGE FOR COMPENSATION OR PAYMENT OF A FEE; AND
(C) WHOSE INJURY AROSE OUT OF AND IN THE COURSE OF PROVIDING A PREAR-
RANGED RIDE THROUGH A DIGITAL NETWORK OPERATED BY A TRANSPORTATION
NETWORK COMPANY THAT IS A REGISTERED MEMBER OF THE NEW YORK TRANSPORTA-
TION NETWORK COMPANY DRIVER'S INJURY COMPENSATION FUND, INC. OR IS
LOGGED IN TO SUCH TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK.
2. "TRANSPORTATION NETWORK COMPANY RIDER" OR "RIDER" MEANS AN INDIVID-
UAL OR PERSONS WHO USE A TRANSPORTATION NETWORK COMPANY'S DIGITAL
NETWORK TO CONNECT WITH A DRIVER WHO PROVIDES PREARRANGED RIDES TO THE
RIDER IN THE DRIVER'S PERSONAL VEHICLE BETWEEN POINTS CHOSEN BY THE
RIDER.
3. "BOARD" MEANS THE WORKERS' COMPENSATION BOARD.
4. "DIGITAL NETWORK" MEANS ANY ONLINE-ENABLED APPLICATION SOFTWARE,
WEBSITE OR SYSTEM OFFERED OR UTILIZED BY A TRANSPORTATION NETWORK COMPA-
NY THAT ENABLES THE PREARRANGEMENT OF RIDES WITH DRIVERS.
5. "TRANSPORTATION NETWORK COMPANY" (TNC) MEANS A CORPORATION, PART-
NERSHIP, SOLE PROPRIETORSHIP OR OTHER ENTITY THAT IS OPERATING IN NEW
YORK THAT USES A DIGITAL NETWORK TO CONNECT RIDERS TO DRIVERS WHO
PROVIDE PREARRANGED RIDES.
6. "PERSONAL VEHICLE" MEANS A VEHICLE THAT IS:
(A) USED BY A DRIVER TO PROVIDE A PREARRANGED RIDE;
(B) OWNED, LEASED OR OTHERWISE AUTHORIZED FOR USE BY THE DRIVER; AND
(C) IS NOT A TAXICAB, BLACK CAR, LIMOUSINE, LUXURY LIMOUSINE, LIVERY
OR OTHER-FOR-HIRE VEHICLE.
7. "PREARRANGED RIDE" MEANS THE PROVISION OF TRANSPORTATION BY A DRIV-
ER TO A RIDER:
(A) BEGINNING WHEN A DRIVER ACCEPTS A RIDERS REQUEST FOR A RIDE
THROUGH A DIGITAL NETWORK CONTROLLED BY A TNC;
(B) CONTINUING WHILE THE DRIVER TRANSPORTS THE RIDER; AND
A. 8195--A 7
(C) ENDING WHEN THE LAST REQUESTING RIDER DEPARTS FROM THE PERSONAL
VEHICLE.
8. "PREARRANGED RIDE" DOES NOT MEAN TRANSPORTATION PROVIDED THROUGH
THE FOLLOWING:
(A) SHARED EXPENSE CARPOOL OR VANPOOL ARRANGEMENTS, AS DEFINED IN
SECTION ONE HUNDRED FIFTY-EIGHT-B OF THE VEHICLE AND TRAFFIC LAW;
(B) A TAXICAB, LIVERY, LUXURY LIMOUSINE OR OTHER FOR-HIRE AS DEFINED
IN SECTION ONE HUNDRED OF THE VEHICLE AND TRAFFIC LAW, SECTION 19-502 OF
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR AS OTHERWISE DEFINED
IN LOCAL LAW; OR
(C) A REGIONAL TRANSPORTATION PROVIDER.
9. "COVERED SERVICE" MEANS ALL TIMES DURING PREARRANGED RIDES REGARD-
LESS OF WHERE THE PICK-UP OR DISCHARGE OCCURS, AND ALL TIMES WHILE A
DRIVER IS LOGGED INTO THE TRANSPORTATION NETWORK COMPANY DIGITAL
NETWORK.
10. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
11. "FUND" MEANS THE NEW YORK STATE TRANSPORTATION NETWORK COMPANY
DRIVER'S FUND, INC.
12. "FUND LIABILITY DATE" MEANS THE EARLIER OF:
(A) THE DATE THE BOARD FIRST APPROVES THE FUND'S APPLICATION TO SELF-
INSURE PURSUANT TO THIS ARTICLE, OR
(B) THE DATE ON WHICH COVERAGE COMMENCES UNDER THE INITIAL INSURANCE
POLICY PURCHASED BY THE FUND PURSUANT TO THIS ARTICLE.
13. "LOCAL LICENSING AUTHORITY" MEANS A GOVERNMENTAL AGENCY OR UNIT OF
LOCAL GOVERNMENT IN THE STATE, IF ANY, THAT IS AUTHORIZED TO LICENSE A
CENTRAL DISPATCH FACILITY.
14. "SECRETARY" MEANS THE SECRETARY OF STATE.
S 160-BBBB. TRANSPORTATION NETWORK COMPANY DRIVERS INJURY COMPENSATION
FUND, INC. THERE IS HEREBY CREATED A NOT-FOR-PROFIT CORPORATION TO BE
KNOWN AS THE NEW YORK TRANSPORTATION NETWORK COMPANY DRIVER'S INJURY
COMPENSATION FUND, INC. TO THE EXTENT THAT THE PROVISIONS OF THE
NOT-FOR-PROFIT CORPORATION LAW DO NOT CONFLICT WITH THE PROVISIONS OF
THIS ARTICLE, OR WITH THE PLAN OF OPERATION ESTABLISHED PURSUANT TO THIS
ARTICLE, THE NOT-FOR-PROFIT CORPORATION LAW SHALL APPLY TO THE FUND,
WHICH SHALL BE A TYPE C CORPORATION PURSUANT TO SUCH LAW. IF AN APPLICA-
BLE PROVISION OF THIS ARTICLE OR OF THE FUND'S PLAN OF OPERATION RELATES
TO A MATTER EMBRACED IN A PROVISION OF THE NOT-FOR-PROFIT CORPORATION
LAW BUT IS NOT IN CONFLICT THEREWITH, BOTH PROVISIONS SHALL APPLY. THE
FUND SHALL PERFORM ITS FUNCTIONS IN ACCORDANCE WITH ITS PLAN OF OPERA-
TION ESTABLISHED AND APPROVED PURSUANT TO THIS ARTICLE AND SHALL EXER-
CISE ITS POWERS THROUGH A BOARD OF DIRECTORS ESTABLISHED PURSUANT TO
THIS ARTICLE.
S 160-CCCC. SUPERVISION OF TRANSPORTATION NETWORK COMPANIES. 1. A
TRANSPORTATION NETWORK COMPANY SHALL, WITH RESPECT TO THE PROVISIONS OF
THIS ARTICLE, BE SUBJECT TO THE SUPERVISION AND OVERSIGHT OF THE DEPART-
MENT.
S 160-DDDD. MANAGEMENT OF THE FUND. 1. WITHIN THIRTY DAYS OF THE
EFFECTIVE DATE OF THIS ARTICLE, THERE SHALL BE APPOINTED A BOARD OF
DIRECTORS OF THE FUND, CONSISTING OF NINE DIRECTORS APPOINTED BY THE
GOVERNOR, ONE OF WHOM SHALL BE CHOSEN UPON NOMINATION OF THE TEMPORARY
PRESIDENT OF THE SENATE; ONE OF WHOM SHALL BE CHOSEN UPON NOMINATION OF
THE SPEAKER OF THE ASSEMBLY; ONE OF WHOM SHALL BE CHOSEN UPON NOMINATION
OF THE CHAIR OF THE WORKERS' COMPENSATION BOARD; ONE OF WHOM SHALL BE
CHOSEN ON NOMINATION OF THE SUPERINTENDENT OF FINANCIAL SERVICES; ONE OF
WHOM SHALL BE CHOSEN ON NOMINATION OF THE AMERICAN FEDERATION OF LABOR-
CONGRESS OF INDUSTRIAL ORGANIZATIONS OF NEW YORK; AND FOUR OF WHOM SHALL
A. 8195--A 8
BE CHOSEN WITHOUT PRIOR NOMINATION, AT LEAST TWO OF WHICH SHALL BE A TNC
REGISTRANT.
2. THE INITIAL TERMS OF DIRECTORS SHALL BE STAGGERED, THE FOUR DIREC-
TORS APPOINTED BY THE GOVERNOR WITHOUT PRIOR NOMINATION SERVING FOR
INITIAL TERMS OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS ARTICLE,
THE TWO DIRECTORS APPOINTED UPON NOMINATION OF THE SPEAKER OF THE ASSEM-
BLY AND TEMPORARY PRESIDENT OF THE SENATE SERVING FOR INITIAL TERMS OF
TWO YEARS FROM THE EFFECTIVE DATE OF THIS ARTICLE, AND THE THREE DIREC-
TORS ON NOMINATION OF THE SUPERINTENDENT OF FINANCIAL SERVICES, THE
CHAIR OF THE WORKERS' COMPENSATION BOARD AND THE AMERICAN FEDERATION OF
LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS OF NEW YORK SERVING FOR
INITIAL TERMS OF ONE YEAR FROM THE EFFECTIVE DATE OF THIS ARTICLE. THE
SUBSEQUENT TERMS OF ALL DIRECTORS SHALL BE THREE YEARS. THE BOARD OF
DIRECTORS SHALL HAVE THE POWER TO REMOVE FOR CAUSE ANY DIRECTOR. THE
FAILURE OF ANY NOMINATING AUTHORITY TO NOMINATE A DIRECTOR WITHIN THE
TIME SET BY THIS SUBDIVISION SHALL NOT BAR THE FUND FROM OPERATING, SO
LONG AS AT LEAST SIX DIRECTORS HAVE BEEN APPOINTED.
3. THE DIRECTORS SHALL ELECT ANNUALLY FROM AMONG THEIR NUMBER A CHAIR
AND A VICE CHAIR WHO SHALL ACT AS CHAIR IN THE CHAIR'S ABSENCE.
4. FOR THEIR ATTENDANCE AT MEETINGS, THE DIRECTORS OF THE FUND SHALL
BE ENTITLED TO COMPENSATION, AS AUTHORIZED BY THE DIRECTORS, IN AN
AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS PER MEETING PER DIRECTOR AND TO
REIMBURSEMENT OF THEIR ACTUAL AND NECESSARY EXPENSES.
5. DIRECTORS OF THE FUND, EXCEPT AS OTHERWISE PROVIDED BY LAW, MAY
ENGAGE IN PRIVATE OR PUBLIC EMPLOYMENT OR IN A PROFESSION OR BUSINESS.
6. (A) ALL OF THE DIRECTORS SHALL HAVE EQUAL VOTING RIGHTS AND FIVE OR
MORE DIRECTORS SHALL CONSTITUTE A QUORUM. THE AFFIRMATIVE VOTE OF FOUR
DIRECTORS SHALL BE NECESSARY FOR THE TRANSACTION OF ANY BUSINESS OR THE
EXERCISE OF ANY POWER OR FUNCTION OF THE FUND.
(B) A VACANCY OCCURRING IN A DIRECTOR POSITION SHALL BE FILLED IN THE
SAME MANNER AS THE INITIAL APPOINTMENT TO THAT POSITION, PROVIDED HOWEV-
ER THAT NO INDIVIDUAL MAY SERVE AS DIRECTOR FOR MORE THAN THREE SUCCES-
SIVE TERMS.
(C) THE BOARD OF DIRECTORS MAY:
(I) DELEGATE TO ONE OR MORE OF ITS DIRECTORS, OFFICERS, AGENTS OR
EMPLOYEES SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER;
(II) ESTABLISH THE PROCEDURE BY WHICH THE FUND SHALL DETERMINE HOW TO
PROVIDE THE BENEFITS DUE PURSUANT TO THIS ARTICLE;
(III) ESTABLISH ACCOUNTING AND RECORD-KEEPING PROCEDURES FOR ALL
FINANCIAL TRANSACTIONS OF THE FUND, ITS AGENTS AND THE BOARD OF DIREC-
TORS;
(IV) ESTABLISH A PROCEDURE FOR DETERMINING AND COLLECTING THE APPRO-
PRIATE AMOUNT OF ASSESSMENTS UNDER AND AS CONSISTENT WITH THIS ARTICLE;
(V) SET FORTH THE PROCEDURES BY WHICH THE FUND MAY EXERCISE THE AUDIT
RIGHTS GRANTED TO IT UNDER THIS ARTICLE;
(VI) ESTABLISH PROCEDURES TO ENSURE PROMPT AND ACCURATE NOTIFICATION
TO THE FUND BY TRANSPORTATION NETWORK COMPANIES OF ALL DEATHS OF DRIV-
ERS, AND ALL INJURIES TO DRIVERS THAT RESULTED FROM A CRIME FOR WHICH
THERE IS A POLICE REPORT, AND PROVIDE FOR FULL REIMBURSEMENT OF THE FUND
BY ANY MEMBER WHOSE FAILURE TO PROVIDE SUCH NOTIFICATION RESULTS IN THE
IMPOSITION OF A PENALTY ON THE FUND BY THE WORKERS' COMPENSATION BOARD;
(VII) RECOMMEND CHANGES IN THE LAW OR REGULATIONS GOVERNING WORKERS'
COMPENSATION BENEFITS WITH DRIVERS; AND
(VIII) ENGAGE IN SUCH ADDITIONAL ACTIONS AS THE BOARD OF DIRECTORS MAY
DEEM NECESSARY OR PROPER FOR THE EXECUTION OF THE POWERS AND DUTIES OF
THE FUND.
A. 8195--A 9
S 160-EEEE. PLAN OF OPERATION. 1. WITHIN SEVENTY-FIVE DAYS OF THE
EFFECTIVE DATE OF THIS ARTICLE, THE FUND SHALL FILE WITH THE DEPARTMENT
ITS PLAN OF OPERATION, WHICH SHALL BE DESIGNED TO ENSURE THE FAIR,
REASONABLE AND EQUITABLE ADMINISTRATION OF THE FUND. THE PLAN OF OPERA-
TION AND ANY SUBSEQUENT AMENDMENTS THERETO SHALL BECOME EFFECTIVE UPON
BEING FILED WITH THE DEPARTMENT.
2. THE PLAN OF OPERATION SHALL CONSTITUTE THE BY-LAWS OF THE FUND AND
SHALL, IN ADDITION TO THE REQUIREMENTS ENUMERATED ELSEWHERE IN THIS
ARTICLE:
(A) ESTABLISH PROCEDURES FOR COLLECTING AND MANAGING THE ASSETS OF THE
FUND;
(B) ESTABLISH REGULAR PLACES AND TIMES FOR MEETINGS OF THE FUND'S
BOARD OF DIRECTORS;
(C) ESTABLISH THE PROCEDURE BY WHICH THE FUND SHALL DETERMINE WHETHER
TO PROVIDE THE BENEFITS DUE PURSUANT TO THIS ARTICLE BY SELF-INSURING OR
BY PURCHASING INSURANCE;
(D) ESTABLISH ACCOUNTING AND RECORD-KEEPING PROCEDURES FOR ALL FINAN-
CIAL TRANSACTIONS OF THE FUND, ITS AGENTS AND THE BOARD OF DIRECTORS;
(E) ESTABLISH A PROCEDURE FOR DETERMINING AND COLLECTING THE APPROPRI-
ATE AMOUNT OF ASSESSMENTS UNDER THIS ARTICLE;
(F) SET FORTH THE PROCEDURES BY WHICH THE FUND MAY EXERCISE THE AUDIT
RIGHTS GRANTED TO IT UNDER THIS ARTICLE;
(G) ESTABLISH PROCEDURES TO ENSURE PROMPT AND ACCURATE NOTIFICATION TO
THE FUND BY ITS MEMBERS OF ALL ACCIDENTS AND INJURIES TO TRANSPORTATION
NETWORK COMPANY DRIVERS, AND PROVIDE FOR FULL REIMBURSEMENT OF THE FUND
BY ANY TRANSPORTATION NETWORK COMPANY WHOSE FAILURE TO PROVIDE SUCH
NOTIFICATION RESULTS IN THE IMPOSITION OF A PENALTY ON THE FUND BY THE
BOARD; AND
(H) CONTAIN SUCH ADDITIONAL PROVISIONS AS THE BOARD OF THE FUND MAY
DEEM NECESSARY OR PROPER FOR THE EXECUTION OF THE POWERS AND DUTIES OF
THE FUND.
S 160-FFFF. MEMBERSHIP. 1. THE MEMBERSHIP OF THE FUND SHALL BE
COMPOSED OF ALL TNCS REGISTERED TO DO BUSINESS AS A TNC IN THIS STATE.
EACH TNC SHALL BE REQUIRED, AS A CONDITION OF DOING BUSINESS WITHIN THIS
STATE, TO PAY THE DEPARTMENT A TEN THOUSAND DOLLAR ANNUAL FEE FOR THE
PURPOSE OF REGISTERING AS A MEMBER OF THE FUND AND RECEIVING A CERTIF-
ICATE OF REGISTRATION. SUCH FEE SHALL BE USED BY THE DEPARTMENT FOR THE
ADMINISTRATION OF THIS ARTICLE. THE INITIAL REGISTRATION FEE SHALL BE
DUE NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE
OR THIRTY DAYS AFTER REGISTRATION OF THE TNC IN THIS STATE. THE DEPART-
MENT SHALL HAVE THE POWER TO ASSESS AN ADDITIONAL FEE AGAINST EACH
REGISTRANT IN THE AMOUNT NECESSARY TO PROVIDE IT WITH SUFFICIENT FUNDS
TO COVER ITS EXPENSES IN PERFORMING ITS DUTIES PURSUANT TO THIS ARTICLE.
THE DEPARTMENT SHALL PROVIDE THE FUND WITH AN UPDATED LIST OF REGIS-
TRANTS ON A MONTHLY BASIS.
2. ALL TNCS SHALL BE REQUIRED AS A CONDITION OF OBTAINING OR RETAINING
THEIR LICENSE FROM THE LOCAL LICENSING AUTHORITY TO:
(A) BE MEMBERS OF THE FUND;
(B) BE REGISTERED WITH THE DEPARTMENT AS MEMBERS OF THE FUND; AND
(C) SUBMIT TO THE LOCAL LICENSING AUTHORITY A COPY OF ITS CERTIFICATE
OF REGISTRATION AS PROOF OF SUCH MEMBERSHIP AND REGISTRATION.
3. WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE BOARD
OF THE FUND SHALL, ON THE BASIS OF INFORMATION FROM TRADE PAPERS AND
OTHER SOURCES, IDENTIFY THE TNCS SUBJECT TO THIS ARTICLE AND, ON A REGU-
LAR AND ONGOING BASIS, CONFIRM THAT ALL SUCH ENTITIES HAVE REGISTERED IN
ACCORDANCE WITH THIS ARTICLE.
A. 8195--A 10
4. THE FUND SHALL, WITHIN SEVENTY-FIVE DAYS OF THE EFFECTIVE DATE OF
THIS ARTICLE, PROVIDE TO ITS MEMBERS A COPY OF THE PROPOSED PLAN OF
OPERATION FILED WITH THE DEPARTMENT AND SHALL INFORM ITS MEMBERS OF
THEIR RIGHTS AND DUTIES PURSUANT TO THIS ARTICLE.
S 160-GGGG. SECURING WORKERS' COMPENSATION. 1. WITHIN ONE HUNDRED
TWENTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE FUND SHALL SECURE
THE PAYMENT OF WORKERS' COMPENSATION TO ALL DRIVERS ENTITLED THERETO
PURSUANT TO THIS ARTICLE BY EITHER:
(A) SELF-INSURING IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION
FIFTY OF THE WORKERS' COMPENSATION LAW AND THE REGULATIONS PROMULGATED
BY THE BOARD, OR
(B) PURCHASING WORKERS' COMPENSATION INSURANCE COVERAGE, ON A BLANKET
BASIS, TO ALL DRIVERS WHO, FOR THE PURPOSES OF THIS ARTICLE ONLY, ARE
EMPLOYEES OF THE FUND PURSUANT TO SECTION TWO OF THE WORKERS' COMPEN-
SATION LAW.
2. IF THE FUND INITIALLY SEEKS TO APPLY TO THE BOARD FOR AUTHORIZATION
TO SELF-INSURE PURSUANT TO SUBDIVISION THREE OF SECTION FIFTY OF THE
WORKERS' COMPENSATION LAW, IT SHALL SUBMIT ITS APPLICATION AND ACCOMPA-
NYING PROOF TO THE BOARD WITHIN ONE HUNDRED FIFTY DAYS OF THE EFFECTIVE
DATE OF THIS ARTICLE. THE BOARD SHALL NOTIFY THE FUND AND THE SECRETARY
IN WRITING OF ANY CHANGE IN THE FUND'S STATUS AS A SELF-INSURER OR OF
ANY ADDITIONAL REQUIREMENTS THAT THE BOARD MAY DEEM NECESSARY FOR
CONTINUATION OF SUCH STATUS.
3. IF THE FUND CHOOSES TO SECURE THE PAYMENT OF WORKERS' COMPENSATION
PURSUANT TO THE WORKERS' COMPENSATION LAW BY PURCHASING AN INSURANCE
POLICY FROM THE STATE INSURANCE FUND OR A LICENSED INSURER, IT SHALL
FILE WITH THE DEPARTMENT NO LATER THAN THIRTY DAYS AFTER THE COMMENCE-
MENT OF A NEW POLICY YEAR A COPY OF THE POLICY IT HAS PURCHASED. IN SUCH
CASE, THE DEPARTMENT SHALL BE TREATED BY THE INSURER AS A CERTIFICATE
HOLDER FOR PURPOSES OF RECEIVING NOTICE OF CANCELLATION OF THE POLICY.
4. NO PROVISION OF THIS ARTICLE SHALL BE CONSTRUED TO ALTER OR AFFECT
THE LIABILITY UNDER THE WORKERS' COMPENSATION LAW OF ANY TNC WITH
RESPECT TO DRIVERS PRIOR TO THE FUND LIABILITY DATE.
S 160-HHHH. ASSESSMENT OF FUND MEMBERS. CONTRIBUTIONS TO THE FUND.
EACH COMPANY SHALL BE ASSESSED A QUARTERLY PAYMENT TO THE FUND, TO BE
SET BY THE BOARD OF DIRECTORS NO LATER THAN JANUARY FIRST, APRIL FIRST,
JULY FIRST AND SEPTEMBER FIRST OF EACH CALENDAR YEAR OR SUCH OTHER DATE
AS THE BOARD OF DIRECTORS MAY SET CONSISTENT WITH, AND AS NECESSARY TO
EFFECTUATE, THIS ARTICLE. THE TOTAL AMOUNT OF THE PAYMENTS SHALL BE
DETERMINED BY THE FUND AS SUFFICIENT TO PROVIDE IT WITH TOTAL ASSETS
EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE COST OF AN INSURANCE
POLICY ISSUED UNDER SECTION ONE HUNDRED SIXTY-GGGG OF THIS ARTICLE, AND
TO PROVIDE FOR ANY ADMINISTRATIVE EXPENSE OF THE FUND. EACH COMPANY'S
OWN SHARE OF SUCH PAYMENTS SHALL BE DETERMINED BY A FORMULA SET BY THE
BOARD OF DIRECTORS, TO BE BASED ON THE NUMBER OF DRIVERS WITH EACH
COMPANY AT THE TIME THE PAYMENTS ARE CALCULATED, OR SUCH OTHER MEASURE
SET BY THE CHAIR OF THE WORKERS' COMPENSATION BOARD. EACH COMPANY SHALL
MAKE THE PAYMENTS ASSESSED AGAINST IT WITHIN THIRTY DAYS OF ASSESSMENT.
IF IT IS DETERMINED BY THE BOARD OF DIRECTORS THAT THERE MAY BE AN
INSUFFICIENT AMOUNT OF MONEY IN THE FUND TO PURCHASE THE REQUISITE
COVERAGE OR TO PAY ADMINISTRATIVE EXPENSES IN A GIVEN YEAR, THE BOARD OF
DIRECTORS MAY REQUIRE EACH COMPANY TO MAKE AN ADDITIONAL PAYMENT TO THE
FUND BASED ON THE AMOUNT OF ITS DRIVERS ON A QUARTERLY BASIS OR SUCH
OTHER CRITERIA AS SHALL BE ESTABLISHED BY THE CHAIR OF THE WORKERS'
COMPENSATION BOARD, EXCEPT THAT NO SUCH PAYMENTS SHALL BE ASSESSED, SUCH
THAT THE FUND WILL HAVE FUNDS GREATER THAN NECESSARY TO PROVIDE COMPEN-
A. 8195--A 11
SATION UNDER THE WORKERS' COMPENSATION LAW, TO THE EXTENT SET FORTH IN
SECTION ONE HUNDRED SIXTY-GGGG OF THIS ARTICLE FOR EIGHTEEN MONTHS.
S 160-IIII. LIABILITY INSURANCE. THE FUND SHALL PURCHASE SUCH INSUR-
ANCE AS IS NECESSARY TO PROTECT THE FUND AND ANY DIRECTOR, OFFICER,
AGENT OR OTHER REPRESENTATIVE FROM LIABILITY FOR THEIR ADMINISTRATION OF
THE FUND, AND SHALL TO THE EXTENT PERMITTED BY LAW, INDEMNIFY SUCH
DIRECTORS, OFFICERS, AGENTS OR OTHER REPRESENTATIVES AND HOLD THEM HARM-
LESS FROM LIABILITY FOR THEIR ADMINISTRATION OF THE FUND.
S 160-JJJJ. REGULATIONS. THE DEPARTMENT SHALL, IN CONSULTATION WITH
THE CHAIR OF THE WORKERS' COMPENSATION BOARD, ADOPT REGULATIONS IMPLE-
MENTING THE PROVISIONS OF THIS ARTICLE, INCLUDING THE CONDUCT AND NOTICE
OF HEARINGS HELD PURSUANT TO THIS ARTICLE.
S 160-KKKK. FINANCIAL OVERSIGHT OF THE FUND. NO LATER THAN MAY FIRST
OF EACH YEAR, THE FUND SHALL SUBMIT TO THE GOVERNOR AND LEGISLATURE
CERTIFIED FINANCIAL STATEMENTS PREPARED IN ACCORDANCE WITH GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES BY A CERTIFIED PUBLIC ACCOUNTANT. THE
MEMBERS OF THE FUND SHALL BE REQUIRED ON AND AFTER JANUARY FIRST OF EACH
YEAR TO AFFORD THE CERTIFIED PUBLIC ACCOUNTANT CONVENIENT ACCESS AT ALL
REASONABLE HOURS TO ALL BOOKS, RECORDS AND OTHER DOCUMENTS, INCLUDING
BUT NOT LIMITED TO INVOICES AND VOUCHERS, NECESSARY OR USEFUL IN THE
PREPARATION OF SUCH STATEMENTS AND IN THE VERIFICATION OF THE MONTHLY
STATEMENTS SUBMITTED TO THE FUND.
S 160-LLLL. VIOLATIONS. 1. IF THE SECRETARY OR THE BOARD BELIEVES A
VIOLATION OF THIS ARTICLE BY THE FUND MEMBER MAY HAVE OCCURRED, UPON
NOTICE TO THE FUND MEMBER A HEARING SHALL BE HELD BY THE SECRETARY, AND
IF APPROPRIATE IN CONSULTATION WITH THE BOARD, TO DETERMINE WHETHER SUCH
VIOLATION OCCURRED.
2. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A FUND MEMBER THAT IS
FOUND, AFTER A HEARING HELD PURSUANT TO THIS SECTION, TO HAVE VIOLATED A
PROVISION OF THIS ARTICLE, OR A REGULATION PROMULGATED BY THE DEPARTMENT
OR THE BOARD, SHALL BE LIABLE FOR A FINE IN AN AMOUNT NOT TO EXCEED TEN
THOUSAND DOLLARS PER VIOLATION.
3. WITHIN TWENTY DAYS AFTER ISSUANCE OF A DETERMINATION ADVERSE TO A
TRANSPORTATION NETWORK COMPANY FOLLOWING A HEARING HELD PURSUANT TO THIS
SECTION, AN APPEAL MAY BE TAKEN THEREFROM TO THE APPELLATE DIVISION OF
THE SUPREME COURT, THIRD DEPARTMENT, BY SUCH AGGRIEVED COMPANY.
S 4. This act shall take effect immediately.