senate Bill S4280A

2015-2016 Legislative Session

Relates to transportation network companies

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Sponsored By

Archive: Last Bill Status - In Senate Insurance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to insurance
May 27, 2015 print number 4280a
May 27, 2015 amend and recommit to insurance
Mar 11, 2015 referred to insurance

Co-Sponsors

view additional co-sponsors

S4280 - Details

See Assembly Version of this Bill:
A6090A
Law Section:
Insurance Law
Laws Affected:
Add §§3441, 3455 & 5103, Ins L; amd §§121-e, 148-a, 401 & 498, add Title X-A Art 46-A §§2200 - 2211, V & T L; amd §181, Gen Muni L; amd §151, Transp L

S4280 - Summary

Relates to transportation network companies that use a digital network to connect transportation network drivers to transportation network riders for the purpose of providing transportation; provides for insurance for such companies and implements registration, regulation and operational requirements.

S4280 - Sponsor Memo

S4280 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4280

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, the  vehicle  and  traffic  law,  the
  general  municipal  law  and  the  transportation  law, in relation to
  transportation network companies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  5106 of the insurance law is amended by adding a
new subsection (e) to read as follows:
  (E) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (D) OF THIS  SECTION,
IF  (I)  MORE THAN ONE INSURER HAS ISSUED AN OWNER'S POLICY OF LIABILITY
INSURANCE ON THE SAME MOTOR VEHICLE, (II) ONE SUCH POLICY WAS ISSUED  IN
SATISFACTION OF THE REQUIREMENTS OF ARTICLE SIX OF THE VEHICLE AND TRAF-
FIC  LAW,  AND  (III)  ONE SUCH POLICY WAS ISSUED IN SATISFACTION OF THE
REQUIREMENTS OF SUBDIVISION TWO OF  SECTION  TWO  THOUSAND  TWO  HUNDRED
THREE OF THE VEHICLE AND TRAFFIC LAW, THEN THE INSURER ISSUING THE POLI-
CY IN SATISFACTION OF THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION TWO
THOUSAND  TWO  HUNDRED  THREE  OF  THE  VEHICLE AND TRAFFIC LAW SHALL BE
RESPONSIBLE FOR PAYMENT OF FIRST PARTY BENEFITS WHEN A DISPUTE EXISTS AS
TO WHICH SUCH POLICY IS APPLICABLE. WHEN THERE IS SUCH  A  DISPUTE,  THE
INSURER ISSUING THE POLICY IN SATISFACTION OF THE REQUIREMENTS OF SUBDI-
VISION  TWO OF SECTION TWO THOUSAND TWO HUNDRED THREE OF THE VEHICLE AND
TRAFFIC LAW SHALL HAVE THE RIGHT TO RECOVER THE  AMOUNT  PAID  FROM  THE
OTHER  INSURER TO THE EXTENT THAT THE LOSS AROSE FROM THE USE AND OPERA-
TION OF THE INSURED MOTOR VEHICLE OTHER THAN AS A TRANSPORTATION NETWORK
VEHICLE. ANY SUCH DISPUTE SHALL BE RESOLVED IN ACCORDANCE WITH THE ARBI-
TRATION PROCEDURES ESTABLISHED PURSUANT TO  SECTION  FIVE  THOUSAND  ONE
HUNDRED  FIVE  OF  THIS  ARTICLE  AND  REGULATIONS AS PROMULGATED BY THE
SUPERINTENDENT.
  S 2. The insurance law is amended by adding a new section 3455 to read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09726-01-5

Co-Sponsors

view additional co-sponsors

S4280A (ACTIVE) - Details

See Assembly Version of this Bill:
A6090A
Law Section:
Insurance Law
Laws Affected:
Add §§3441, 3455 & 5103, Ins L; amd §§121-e, 148-a, 401 & 498, add Title X-A Art 46-A §§2200 - 2211, V & T L; amd §181, Gen Muni L; amd §151, Transp L

S4280A (ACTIVE) - Summary

Relates to transportation network companies that use a digital network to connect transportation network drivers to transportation network riders for the purpose of providing transportation; provides for insurance for such companies and implements registration, regulation and operational requirements.

S4280A (ACTIVE) - Sponsor Memo

S4280A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4280--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sens.  SEWARD,  AMEDORE,  AVELLA,  BRESLIN, DeFRANCISCO,
  FUNKE, PANEPINTO, RANZENHOFER,  VALESKY  --  read  twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Insur-
  ance -- committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  insurance law, the vehicle and traffic law, the
  general municipal law and  the  transportation  law,  in  relation  to
  transportation network companies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The insurance law is amended by adding a new  section  3441
to read as follows:
  S  3441.  TRANSPORTATION  NETWORK COMPANIES.   (A) NOTWITHSTANDING ANY
OTHER PROVISION OF THIS CHAPTER, THIS SECTION SHALL APPLY TO TRANSPORTA-
TION NETWORK COMPANIES.
  (B) FOR PURPOSES OF  THIS  SECTION  THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  (1)  "PERSONAL VEHICLE" MEANS A MOTOR VEHICLE USED BY A TRANSPORTATION
NETWORK COMPANY DRIVER AND IS:
  (A) OWNED, LEASED OR OTHERWISE AUTHORIZED FOR USE BY  THE  TRANSPORTA-
TION NETWORK COMPANY DRIVER; AND
  (B) NOT A TAXICAB, LIVERY OR FOR-HIRE VEHICLE.
  (2)  "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 TRANSPORTATION  NETWORK
COMPANY DRIVERS.
  (3) "TRANSPORTATION NETWORK COMPANY" MEANS A CORPORATION, PARTNERSHIP,
SOLE  PROPRIETORSHIP,  OR  OTHER  ENTITY THAT IS OPERATING IN THIS STATE
THAT USES A DIGITAL NETWORK TO CONNECT  TRANSPORTATION  NETWORK  COMPANY
RIDERS TO TRANSPORTATION NETWORK COMPANY DRIVERS WHO PROVIDE PREARRANGED
RIDES.  A TRANSPORTATION NETWORK COMPANY SHALL NOT BE DEEMED TO CONTROL,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09726-04-5

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