LBD07663-02-7
S. 1264 2
(A) USED BY A TRANSPORTATION NETWORK COMPANY DRIVER TO PROVIDE A TNC
PREARRANGED TRIP WITHIN THE STATE OF NEW YORK;
(B) OWNED, LEASED OR OTHERWISE AUTHORIZED FOR USE BY THE TRANSPORTA-
TION NETWORK COMPANY DRIVER AND SHALL NOT INCLUDE:
(I) A TAXICAB, AS DEFINED IN SECTION ONE HUNDRED FORTY-EIGHT-A OF THIS
CHAPTER AND SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK, OR AS OTHERWISE DEFINED IN LOCAL LAW;
(II) A LIVERY VEHICLE, AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-E
OF THIS CHAPTER, OR AS OTHERWISE DEFINED IN LOCAL LAW;
(III) A BLACK CAR, LIMOUSINE, OR LUXURY LIMOUSINE, AS DEFINED IN
SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR AS
OTHERWISE DEFINED IN LOCAL LAW;
(IV) A FOR-HIRE VEHICLE, AS DEFINED IN SECTION 19-502 OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, OR AS OTHERWISE DEFINED IN LOCAL
LAW;
(V) A BUS, AS DEFINED IN SECTION ONE HUNDRED FOUR OF THIS CHAPTER;
(VI) ANY MOTOR VEHICLE WEIGHING MORE THAN SIX THOUSAND FIVE HUNDRED
POUNDS UNLOADED;
(VII) ANY MOTOR VEHICLE HAVING A SEATING CAPACITY OF MORE THAN SEVEN
PASSENGERS; AND
(VIII) ANY MOTOR VEHICLE SUBJECT TO SECTION THREE HUNDRED SEVENTY OF
THIS CHAPTER.
2. "DIGITAL NETWORK" MEANS ANY SYSTEM OR SERVICE OFFERED OR UTILIZED
BY A TRANSPORTATION NETWORK COMPANY THAT ENABLES TNC PREARRANGED TRIPS
WITH TRANSPORTATION NETWORK COMPANY DRIVERS.
3. "TRANSPORTATION NETWORK COMPANY" OR "TNC" MEANS A PERSON, CORPO-
RATION, PARTNERSHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS
LICENSED PURSUANT TO THIS ARTICLE AND IS OPERATING IN NEW YORK STATE
EXCLUSIVELY USING A DIGITAL NETWORK TO CONNECT TRANSPORTATION NETWORK
COMPANY PASSENGERS TO TRANSPORTATION NETWORK COMPANY DRIVERS WHO PROVIDE
TNC PREARRANGED TRIPS.
4. "TRANSPORTATION NETWORK COMPANY DRIVER" OR "TNC DRIVER" MEANS AN
INDIVIDUAL WHO:
(A) RECEIVES CONNECTIONS TO POTENTIAL PASSENGERS AND RELATED SERVICES
FROM A TRANSPORTATION NETWORK COMPANY IN EXCHANGE FOR PAYMENT OF A FEE
TO THE TRANSPORTATION NETWORK COMPANY; AND
(B) USES A TNC VEHICLE TO OFFER OR PROVIDE A TNC PREARRANGED TRIP TO
TRANSPORTATION NETWORK COMPANY PASSENGERS UPON CONNECTION THROUGH A
DIGITAL NETWORK CONTROLLED BY A TRANSPORTATION NETWORK COMPANY IN
EXCHANGE FOR COMPENSATION OR PAYMENT OF A FEE.
5. "TRANSPORTATION NETWORK COMPANY PASSENGER" OR "PASSENGER" MEANS A
PERSON OR PERSONS WHO USE A TRANSPORTATION NETWORK COMPANY'S DIGITAL
NETWORK TO CONNECT WITH A TRANSPORTATION NETWORK COMPANY DRIVER WHO
PROVIDES TNC PREARRANGED TRIPS TO THE PASSENGER IN THE TNC VEHICLE
BETWEEN POINTS CHOSEN BY THE PASSENGER.
6. "TNC PREARRANGED TRIP" MEANS THE PROVISION OF TRANSPORTATION BY A
TRANSPORTATION NETWORK COMPANY DRIVER TO A PASSENGER PROVIDED THROUGH
THE USE OF A TNC'S DIGITAL NETWORK:
(A) BEGINNING WHEN A TRANSPORTATION NETWORK COMPANY DRIVER ACCEPTS A
PASSENGER'S REQUEST FOR A TRIP THROUGH A DIGITAL NETWORK CONTROLLED BY A
TRANSPORTATION NETWORK COMPANY;
(B) CONTINUING WHILE THE TRANSPORTATION NETWORK COMPANY DRIVER TRANS-
PORTS THE REQUESTING PASSENGER IN A TNC VEHICLE; AND
(C) ENDING WHEN THE LAST REQUESTING PASSENGER DEPARTS FROM THE TNC
VEHICLE.
S. 1264 3
7. "GROUP POLICY" MEANS AN INSURANCE POLICY ISSUED PURSUANT TO SECTION
THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THE INSURANCE LAW.
§ 1692. GENERAL PROVISIONS. 1. A TNC OR A TNC DRIVER IS NOT A COMMON
CARRIER, AS DEFINED IN SUBDIVISION SIX OF SECTION TWO OF THE TRANSPORTA-
TION LAW; A CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE, AS DEFINED
IN SUBDIVISION NINE OF SECTION TWO OF THE TRANSPORTATION LAW; OR A MOTOR
CARRIER, AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION TWO OF THE
TRANSPORTATION LAW; NOR DO THEY PROVIDE TAXICAB OR FOR-HIRE VEHICLE
SERVICE. MOREOVER, A TNC DRIVER SHALL NOT BE REQUIRED TO REGISTER THE
TNC VEHICLE SUCH TNC DRIVER USES FOR TNC PREARRANGED TRIPS AS A COMMER-
CIAL OR FOR-HIRE VEHICLE, AS SET FORTH IN ARTICLE FOURTEEN OF THIS CHAP-
TER.
2. A TNC MAY NOT OPERATE IN THE STATE OF NEW YORK WITHOUT FIRST HAVING
OBTAINED A LICENSE ISSUED BY THE DEPARTMENT IN A FORM AND MANNER AND
WITH APPLICABLE FEES AS PROVIDED FOR BY REGULATIONS PROMULGATED BY THE
COMMISSIONER. AS A CONDITION OF OBTAINING A LICENSE, A TNC SHALL BE
REQUIRED TO SUBMIT TO THE DEPARTMENT PROOF OF A GROUP POLICY ISSUED
PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THE INSUR-
ANCE LAW. FAILURE OF A TNC TO OBTAIN A LICENSE BEFORE OPERATION, PURSU-
ANT TO THIS SUBDIVISION SHALL CONSTITUTE A MISDEMEANOR. NO LICENSE SHALL
BE SUSPENDED OR REVOKED EXCEPT UPON NOTICE TO THE TNC AND AFTER AN
OPPORTUNITY TO BE HEARD.
3. A TNC MUST MAINTAIN AN AGENT FOR SERVICE OF PROCESS IN THE STATE OF
NEW YORK.
4. ON BEHALF OF A TNC DRIVER, A TNC MAY CHARGE A FARE FOR THE SERVICES
PROVIDED TO PASSENGERS; PROVIDED THAT, IF A FARE IS COLLECTED FROM A
PASSENGER, THE TNC SHALL DISCLOSE TO THE PASSENGERS THE FARE OR FARE
CALCULATION METHOD ON ITS WEBSITE OR WITHIN THE APPLICATION SERVICE. THE
TNC SHALL ALSO PROVIDE THE PASSENGERS WITH THE APPLICABLE RATES BEING
CHARGED AND AN ESTIMATED FARE BEFORE THE PASSENGER ENTERS THE TNC VEHI-
CLE.
5. A TNC'S DIGITAL NETWORK SHALL DISPLAY A PICTURE OF THE TNC DRIVER,
AND THE MAKE, MODEL, COLOR AND LICENSE PLATE NUMBER OF THE TNC VEHICLE
UTILIZED FOR PROVIDING THE TNC PREARRANGED TRIP BEFORE THE PASSENGER
ENTERS THE TNC VEHICLE.
6. WITHIN A REASONABLE PERIOD OF TIME FOLLOWING THE COMPLETION OF A
TRIP, A TNC SHALL TRANSMIT AN ELECTRONIC RECEIPT TO THE PASSENGER ON
BEHALF OF THE TNC DRIVER THAT LISTS:
(A) THE ORIGIN AND DESTINATION OF THE TRIP;
(B) THE TOTAL TIME AND DISTANCE OF THE TRIP;
(C) AN ITEMIZATION OF THE TOTAL FARE PAID, IF ANY; AND
(D) A SEPARATE STATEMENT OF THE APPLICABLE TAXES.
7. A TNC DRIVER SHALL NOT SOLICIT OR ACCEPT STREET HAILS.
8. A TNC SHALL ADOPT A POLICY PROHIBITING SOLICITATION OR ACCEPTANCE
OF CASH PAYMENTS FOR THE FARES CHARGED TO PASSENGERS FOR TNC PREARRANGED
TRIPS AND NOTIFY TNC DRIVERS OF SUCH POLICY. TNC DRIVERS SHALL NOT
SOLICIT OR ACCEPT CASH PAYMENTS FROM PASSENGERS.
9. NOTHING IN THIS ARTICLE SHALL APPLY TO CITIES WITH A POPULATION OF
ONE MILLION OR MORE.
§ 1693. FINANCIAL RESPONSIBILITY OF TRANSPORTATION NETWORK COMPANIES.
1. A TNC DRIVER, OR TNC ON THE TNC DRIVER'S BEHALF THROUGH A GROUP POLI-
CY, SHALL MAINTAIN INSURANCE THAT RECOGNIZES THAT THE DRIVER IS A TNC
DRIVER AND PROVIDES FINANCIAL RESPONSIBILITY COVERAGE:
(A) WHILE THE TNC DRIVER IS LOGGED ONTO THE TNC'S DIGITAL NETWORK; AND
(B) WHILE THE TNC DRIVER IS ENGAGED IN A TNC PREARRANGED TRIP.
S. 1264 4
2. (A) THE FOLLOWING AUTOMOBILE FINANCIAL RESPONSIBILITY INSURANCE
REQUIREMENTS SHALL APPLY WHILE A TNC DRIVER IS LOGGED ONTO THE TNC'S
DIGITAL NETWORK AND IS AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT
IS NOT ENGAGED IN A TNC PREARRANGED TRIP: INSURANCE AGAINST LOSS FROM
THE LIABILITY IMPOSED BY LAW FOR DAMAGES, INCLUDING DAMAGES FOR CARE AND
LOSS OF SERVICES, BECAUSE OF BODILY INJURY TO OR DEATH OF ANY PERSON,
AND INJURY TO OR DESTRUCTION OF PROPERTY ARISING OUT OF THE OWNERSHIP,
MAINTENANCE, USE OR OPERATION OF A PERSONAL VEHICLE OR VEHICLES WITHIN
THIS STATE, OR ELSEWHERE IN THE UNITED STATES IN NORTH AMERICA OR CANA-
DA, SUBJECT TO A LIMIT, EXCLUSIVE OF INTEREST AND COSTS, WITH RESPECT TO
EACH SUCH OCCURRENCE, OF AT LEAST FIFTY THOUSAND DOLLARS BECAUSE OF
BODILY INJURY TO OR DEATH OF ONE PERSON IN ANY ONE ACCIDENT AND, SUBJECT
TO SAID LIMIT FOR ONE PERSON, TO A LIMIT OF AT LEAST ONE HUNDRED THOU-
SAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF TWO OR MORE PERSONS
IN ANY ONE ACCIDENT, AND TO A LIMIT OF AT LEAST TWENTY-FIVE THOUSAND
DOLLARS BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY
ONE ACCIDENT PROVIDED, HOWEVER, THAT SUCH POLICY NEED NOT BE FOR A PERI-
OD COTERMINOUS WITH THE REGISTRATION PERIOD OF THE PERSONAL VEHICLE
INSURED, AND COVERAGE IN SATISFACTION OF THE FINANCIAL RESPONSIBILITY
REQUIREMENTS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF
THE INSURANCE LAW, ARTICLE FIFTY-ONE OF THE INSURANCE LAW, AND SUCH
OTHER REQUIREMENTS OR REGULATIONS THAT MAY APPLY FOR THE PURPOSES OF
SATISFYING THE FINANCIAL RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE
USE OR OPERATION OF A MOTOR VEHICLE.
(B) THE COVERAGE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION MAY
BE SATISFIED BY ANY OF THE FOLLOWING:
(I) INSURANCE MAINTAINED BY THE TNC DRIVER; OR
(II) INSURANCE PROVIDED THROUGH A GROUP POLICY MAINTAINED BY THE TNC;
OR
(III) A COMBINATION OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH.
3. (A) THE FOLLOWING AUTOMOBILE FINANCIAL RESPONSIBILITY INSURANCE
REQUIREMENTS SHALL APPLY WHILE A TNC DRIVER IS ENGAGED IN A TNC PREAR-
RANGED TRIP: INSURANCE AGAINST LOSS FROM THE LIABILITY IMPOSED BY LAW
FOR DAMAGES, INCLUDING DAMAGES FOR CARE AND LOSS OF SERVICES, BECAUSE OF
BODILY INJURY TO OR DEATH OF ANY PERSON, AND INJURY TO OR DESTRUCTION OF
PROPERTY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, USE, OR OPERATION OF
A SPECIFIC PERSONAL VEHICLE OR VEHICLES WITHIN THIS STATE, OR ELSEWHERE
IN THE UNITED STATES IN NORTH AMERICA OR CANADA, SUBJECT TO A LIMIT,
EXCLUSIVE OF INTEREST AND COSTS, WITH RESPECT TO EACH SUCH OCCURRENCE,
OF AT LEAST ONE MILLION DOLLARS BECAUSE OF BODILY INJURIES, DEATH AND
PROPERTY DAMAGE, PROVIDED, HOWEVER, THAT SUCH POLICY NEED NOT BE FOR A
PERIOD COTERMINOUS WITH THE REGISTRATION PERIOD OF THE PERSONAL VEHICLE
INSURED, AND COVERAGE IN SATISFACTION OF THE FINANCIAL RESPONSIBILITY
REQUIREMENTS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF
THE INSURANCE LAW, ARTICLE FIFTY-ONE OF THE INSURANCE LAW, AND SUCH
OTHER REQUIREMENTS OR REGULATIONS THAT MAY APPLY FOR THE PURPOSES OF
SATISFYING THE FINANCIAL RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE
USE OR OPERATION OF A MOTOR VEHICLE.
(B) THE COVERAGE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION MAY
BE SATISFIED BY ANY OF THE FOLLOWING:
(I) INSURANCE MAINTAINED BY THE TNC DRIVER; OR
(II) INSURANCE PROVIDED THROUGH A GROUP POLICY MAINTAINED BY THE TNC;
OR
(III) A COMBINATION OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH.
4. A TNC SHALL, UPON ENTERING INTO A CONTRACTUAL AGREEMENT WITH A TNC
DRIVER, PROVIDE NOTICE TO THE TNC DRIVER THAT HE OR SHE MAY NEED ADDI-
S. 1264 5
TIONAL INSURANCE COVERAGE INCLUDING MOTOR VEHICLE PHYSICAL DAMAGE COVER-
AGE AS DESCRIBED IN PARAGRAPH NINETEEN OF SUBSECTION (A) OF SECTION ONE
THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW IF THE TNC VEHICLE
BEING USED BY THE TNC DRIVER IS SUBJECT TO A LEASE OR LOAN. A TNC SHALL
ALSO POST THIS NOTICE ON ITS WEBSITE IN A PROMINENT PLACE.
5. IF INSURANCE MAINTAINED BY A TNC DRIVER PURSUANT TO SUBDIVISIONS
TWO AND THREE OF THIS SECTION HAS LAPSED OR DOES NOT PROVIDE THE
REQUIRED COVERAGE, THEN THE GROUP POLICY MAINTAINED BY A TNC SHALL
PROVIDE THE COVERAGE REQUIRED BY THIS SECTION BEGINNING WITH THE FIRST
DOLLAR OF A CLAIM AND HAVE THE DUTY TO DEFEND SUCH CLAIM.
6. COVERAGE UNDER A GROUP POLICY MAINTAINED BY THE TNC SHALL NOT BE
DEPENDENT ON THE DENIAL OF A CLAIM BY THE INSURER THAT ISSUED THE INSUR-
ANCE POLICY USED TO REGISTER THE TNC VEHICLE, NOR SHALL THAT INSURER BE
REQUIRED TO FIRST DENY A CLAIM.
7. INSURANCE REQUIRED BY THIS SECTION MAY BE PLACED WITH AN INSURER
AUTHORIZED OR ELIGIBLE TO WRITE INSURANCE IN THIS STATE AND SHALL BE
ELIGIBLE FOR PLACEMENT BY AN EXCESS LINE BROKER PURSUANT TO SECTION TWO
THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW.
8. A TNC DRIVER WHO, WHILE OPERATING A TNC VEHICLE WAS EITHER LOGGED
ON TO THE TNC'S DIGITAL NETWORK AND AVAILABLE TO RECEIVE TRANSPORTATION
REQUESTS BUT NOT ENGAGED IN A TNC PREARRANGED TRIP OR WAS LOGGED ON TO
THE TNC'S DIGITAL NETWORK AND WAS ENGAGED IN A TNC PREARRANGED TRIP, HAS
IN EFFECT THE INSURANCE REQUIRED PURSUANT TO THIS ARTICLE AND SHALL NOT
BE DEEMED TO BE IN VIOLATION OF ARTICLE SIX OF THIS CHAPTER DURING SUCH
TIME THAT HE OR SHE WAS EITHER LOGGED ONTO THE THE TNC'S DIGITAL NETWORK
AND AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT NOT ENGAGED IN A
TNC PREARRANGED TRIP OR WAS LOGGED ON TO THE TNC'S DIGITAL NETWORK AND
WAS ENGAGED IN A TNC PREARRANGED TRIP.
9. A TNC DRIVER SHALL CARRY PROOF OF COVERAGE SATISFYING SUBDIVISIONS
TWO AND THREE OF THIS SECTION WITH HIM OR HER AT ALL TIMES DURING HIS OR
HER USE OR OPERATION OF A TNC VEHICLE IN CONNECTION WITH A TNC'S DIGITAL
NETWORK. SUCH PROOF OF COVERAGE SHALL BE IN SUCH FORM AS THE COMMISSION-
ER SHALL PRESCRIBE, WHICH MAY BE IN THE FORM OF AN INSURANCE IDENTIFICA-
TION CARD AS DEFINED IN SECTION THREE HUNDRED ELEVEN OF THIS CHAPTER.
ANY INSURANCE IDENTIFICATION CARD ISSUED PURSUANT TO THE PROVISIONS OF
THIS ARTICLE SHALL BE IN ADDITION TO THE INSURANCE IDENTIFICATION CARD
REQUIRED PURSUANT TO ARTICLE SIX OF THIS CHAPTER, AND NOTHING CONTAINED
IN THIS ARTICLE SHALL BE DEEMED TO SUPERSEDE THE REQUIREMENTS OF SUCH
ARTICLE SIX. WHENEVER THE PRODUCTION OF AN INSURANCE IDENTIFICATION CARD
IS REQUIRED BY LAW, A TNC DRIVER SHALL (A) PRODUCE THE INSURANCE IDEN-
TIFICATION CARD ISSUED PURSUANT TO ARTICLE SIX OF THIS CHAPTER AND, (B)
IF SUCH DRIVER EITHER (I) WAS LOGGED ONTO THE TNC'S DIGITAL NETWORK AND
AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT NOT ENGAGED IN A TNC
PREARRANGED TRIP OR (II) WAS LOGGED ON TO THE TNC'S DIGITAL NETWORK AND
WAS ENGAGED IN A TNC PREARRANGED TRIP, SUCH DRIVER SHALL ALSO PRODUCE
THE INSURANCE IDENTIFICATION CARD REQUIRED PURSUANT TO THIS ARTICLE.
10. THE SUPERINTENDENT OF FINANCIAL SERVICES IS AUTHORIZED TO ISSUE
SUCH RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION.
11. NOTHING IN THIS SECTION SHALL IMPOSE FINANCIAL RESPONSIBILITY
REQUIREMENTS UPON ANY ENTITIES OPERATING AS VEHICLES FOR HIRE IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
§ 1694. DISCLOSURES. A TNC SHALL DISCLOSE IN WRITING TO TNC DRIVERS
THE FOLLOWING BEFORE THEY ARE ALLOWED TO ACCEPT A REQUEST FOR A TNC
PREARRANGED TRIP ON THE TNC'S DIGITAL NETWORK:
S. 1264 6
1. THE INSURANCE COVERAGE, INCLUDING THE TYPES OF COVERAGE AND THE
LIMITS FOR EACH COVERAGE, THAT THE TNC PROVIDES WHILE THE TNC DRIVER
USES A TNC VEHICLE IN CONNECTION WITH A TNC'S DIGITAL NETWORK;
2. THAT THE TNC DRIVER'S OWN AUTOMOBILE INSURANCE POLICY MIGHT NOT
PROVIDE ANY COVERAGE WHILE THE TNC DRIVER IS LOGGED ON TO THE TNC'S
DIGITAL NETWORK AND IS AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS OR
IS ENGAGED IN A TNC PREARRANGED TRIP, DEPENDING ON ITS TERMS; AND
3. THAT, IF A TNC VEHICLE HAS A LIEN AGAINST IT, THEN THE CONTINUED
USE OF SUCH TNC VEHICLE BY ITS TNC DRIVER WITHOUT PHYSICAL DAMAGE COVER-
AGE MAY VIOLATE THE TERMS OF THE CONTRACT WITH THE LIENHOLDER.
§ 1695. INSURANCE PROVISIONS. 1. INSURERS THAT WRITE MOTOR VEHICLE
INSURANCE IN THIS STATE MAY, IN THE INSURANCE POLICY, EXCLUDE ANY AND
ALL COVERAGE AFFORDED UNDER THE POLICY ISSUED TO AN OWNER OR OPERATOR OF
A TNC VEHICLE FOR ANY LOSS OR INJURY THAT OCCURS WHILE A TNC DRIVER IS
LOGGED ON TO A TNC'S DIGITAL NETWORK OR WHILE A DRIVER PROVIDES A PREAR-
RANGED TRIP, INCLUDING:
(A) LIABILITY COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE;
(B) COVERAGE PROVIDED PURSUANT TO ARTICLE FIFTY-ONE OF THE INSURANCE
LAW;
(C) UNINSURED AND UNDERINSURED MOTORIST COVERAGE; AND
(D) MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN PARAGRAPH
NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF THE INSURANCE LAW.
2. SUCH EXCLUSIONS SHALL APPLY NOTWITHSTANDING ANY REQUIREMENT UNDER
THE LAW TO THE CONTRARY. NOTHING IN THIS SECTION IMPLIES OR REQUIRES
THAT AN OWNER'S POLICY OF LIABILITY INSURANCE OR OTHER MOTOR VEHICLE
INSURANCE POLICY PROVIDE COVERAGE WHILE THE TNC DRIVER IS LOGGED ON TO
THE TNC'S DIGITAL NETWORK, WHILE THE TNC DRIVER IS ENGAGED IN A TNC
PREARRANGED TRIP OR WHILE THE TNC DRIVER OTHERWISE USES OR OPERATES A
TNC VEHICLE TO TRANSPORT PASSENGERS FOR COMPENSATION.
3. NOTHING SHALL BE DEEMED TO PRECLUDE AN INSURER FROM PROVIDING
PRIMARY, EXCESS, OR UMBRELLA COVERAGE FOR THE TNC DRIVER'S TNC VEHICLE,
IF IT CHOSE TO DO SO BY CONTRACT OR ENDORSEMENT.
4. MOTOR VEHICLE INSURERS THAT EXCLUDE THE COVERAGE DESCRIBED IN THIS
ARTICLE SHALL HAVE NO DUTY TO DEFEND OR INDEMNIFY ANY CLAIM EXPRESSLY
EXCLUDED THEREUNDER. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO INVALI-
DATE OR LIMIT AN EXCLUSION CONTAINED IN A POLICY INCLUDING ANY POLICY IN
USE OR APPROVED FOR USE IN THIS STATE PRIOR TO THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT ADDED THIS SECTION.
5. A MOTOR VEHICLE INSURER THAT DEFENDS OR INDEMNIFIES A CLAIM AGAINST
A TNC DRIVER THAT IS EXCLUDED UNDER THE TERMS OF ITS POLICY SHALL HAVE A
RIGHT OF CONTRIBUTION AGAINST OTHER INSURERS THAT PROVIDE MOTOR VEHICLE
INSURANCE TO THE SAME DRIVER IN SATISFACTION OF THE COVERAGE REQUIRE-
MENTS OF THE PROVISIONS OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
SEVENTEEN WHICH ADDED THIS ARTICLE AT THE TIME OF LOSS.
6. IN A CLAIMS COVERAGE INVESTIGATION, A TNC AND ANY INSURER POTEN-
TIALLY PROVIDING COVERAGE UNDER THIS ARTICLE SHALL, WITHIN FIFTEEN DAYS
AFTER A CLAIM HAS BEEN FILED, FACILITATE THE EXCHANGE OF RELEVANT INFOR-
MATION WITH DIRECTLY INVOLVED PARTIES AND ANY INSURER OF THE TNC DRIVER
IF APPLICABLE, INCLUDING THE PRECISE TIMES THAT A TNC DRIVER LOGGED ON
AND OFF OF THE TNC'S DIGITAL NETWORK IN THE TWELVE HOUR PERIOD IMME-
DIATELY PRECEDING AND IN THE TWELVE HOUR PERIOD IMMEDIATELY FOLLOWING
THE ACCIDENT AND DISCLOSE TO ONE ANOTHER A CLEAR DESCRIPTION OF THE
COVERAGE, EXCLUSIONS AND LIMITS PROVIDED UNDER ANY MOTOR VEHICLE INSUR-
ANCE MAINTAINED UNDER THIS ARTICLE.
S. 1264 7
7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS FOR THE PROVISION OF
RELEVANT INSURANCE COVERAGE INFORMATION REQUIRED BY THIS ARTICLE TO THE
FOLLOWING PERSONS UPON REQUEST:
(A) A PERSON TO WHOM AN ACCIDENT REPORT PERTAINS OR WHO IS NAMED IN
SUCH REPORT, OR HIS OR HER AUTHORIZED REPRESENTATIVE; AND
(B) ANY OTHER PERSON OR HIS OR HER AUTHORIZED REPRESENTATIVE WHO HAS
DEMONSTRATED TO THE SATISFACTION OF THE COMMISSIONER THAT SUCH PERSON IS
OR MAY BE A PARTY TO A CIVIL ACTION ARISING OUT OF THE CONDUCT DESCRIBED
IN SUCH ACCIDENT REPORT.
§ 1696. DRIVER AND VEHICLE REQUIREMENTS. 1. (A) AT ALL TIMES, AN INDI-
VIDUAL ACTING AS A TNC DRIVER SHALL BE PERMITTED BY THE TNC AS FOLLOWS:
(I) THE INDIVIDUAL SHALL SUBMIT AN APPLICATION TO THE TNC, WHICH SHALL
INCLUDE INFORMATION REGARDING HIS OR HER ADDRESS, AGE, DRIVER'S LICENSE,
MOTOR VEHICLE REGISTRATION, AUTOMOBILE LIABILITY INSURANCE, AND OTHER
INFORMATION REQUIRED BY THE TNC;
(II) THE TNC SHALL CONDUCT A CRIMINAL BACKGROUND CHECK FOR EACH APPLI-
CANT IN ACCORDANCE WITH SECTION SIXTEEN HUNDRED NINETY-NINE OF THIS
ARTICLE AND THAT SHALL REVIEW:
(A) WHETHER THE APPLICANT IS LISTED ON THE NEW YORK STATE SEX OFFENDER
REGISTRY PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW; AND
(B) THE NATIONAL SEX OFFENDER REGISTRY MAINTAINED BY THE UNITED STATES
DEPARTMENT OF JUSTICE;
(III) THE TNC SHALL OBTAIN AND REVIEW, OR HAVE A THIRD PARTY OBTAIN
AND REVIEW, A DRIVING HISTORY RESEARCH REPORT FOR SUCH INDIVIDUAL.
(B) THE TNC SHALL NOT PERMIT AN APPLICANT WHERE SUCH APPLICANT:
(I) FAILS TO MEET ALL QUALIFICATIONS PURSUANT TO SECTION SIXTEEN
HUNDRED NINETY-NINE OF THIS ARTICLE;
(II) IS A MATCH IN THE UNITED STATES DEPARTMENT OF JUSTICE NATIONAL
SEX OFFENDER PUBLIC WEBSITE;
(III) DOES NOT POSSESS A VALID NEW YORK DRIVER'S LICENSE, UNLESS SUCH
APPLICANT DOES POSSESS A VALID OUT OF STATE DRIVER'S LICENSE AND PROOF
THAT SUCH APPLICANT IS AN ACTIVE DUTY MEMBER OF THE ARMED SERVICES OF
THE UNITED STATES STATIONED IN THIS STATE OR IS A FAMILY OR HOUSEHOLD
MEMBER OF SUCH AN ACTIVE DUTY MEMBER;
(IV) DOES NOT POSSESS PROOF OF REGISTRATION FOR THE MOTOR VEHICLE(S)
USED TO PROVIDE TNC PREARRANGED TRIPS;
(V) DOES NOT POSSESS PROOF OF AUTOMOBILE LIABILITY INSURANCE FOR THE
MOTOR VEHICLE(S) USED TO PROVIDE TNC PREARRANGED TRIPS AS A TNC VEHICLE;
OR
(VI) IS NOT AT LEAST NINETEEN YEARS OF AGE.
(C) UPON REVIEW OF ALL INFORMATION RECEIVED AND RETAINED BY THE TNC
AND UPON VERIFYING THAT THE INDIVIDUAL IS NOT DISQUALIFIED PURSUANT TO
THIS SECTION FROM RECEIVING A TNC DRIVER PERMIT, A TNC MAY ISSUE A TNC
DRIVER PERMIT TO THE APPLICANT. THE TNC SHALL REVIEW ALL INFORMATION
RECEIVED RELATING TO SUCH APPLICANT AND HOLD SUCH INFORMATION FOR SIX
YEARS ALONG WITH A CERTIFICATION THAT SUCH APPLICANT QUALIFIES TO
RECEIVE A TNC DRIVER PERMIT.
(D) (I) A TNC THAT ISSUES A TNC DRIVER'S PERMIT PURSUANT TO THIS
SECTION SHALL PARTICIPATE IN THE NEW YORK LICENSE EVENT NOTIFICATION
SERVICE (LENS) ESTABLISHED BY THE DEPARTMENT TO OBTAIN TIMELY NOTICE
WHEN ANY OF THE FOLLOWING VIOLATIONS ARE ADDED TO A TNC DRIVER'S DRIVING
RECORD:
(A) UNLAWFUL FLEEING A POLICE OFFICER IN A MOTOR VEHICLE IN VIOLATION
OF SECTIONS 270.35, 270.30 OR 270.25 OF THE PENAL LAW;
(B) RECKLESS DRIVING IN VIOLATION OF SECTION ONE THOUSAND TWO HUNDRED
TWELVE OF THIS CHAPTER;
S. 1264 8
(C) OPERATING WHILE LICENSE OR PRIVILEGE IS SUSPENDED OR REVOKED IN
VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER, EXCLUDING
SUBDIVISION SEVEN OF SUCH SECTION;
(D) OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR
DRUGS IN VIOLATION OF SECTION ONE THOUSAND ONE HUNDRED NINETY-TWO OF
THIS CHAPTER; AND
(E) LEAVING THE SCENE OF AN INCIDENT WITHOUT REPORTING IN VIOLATION OF
SUBDIVISION TWO OF SECTION SIX HUNDRED OF THIS CHAPTER.
(E) NO PERSON SHALL OPERATE A TNC VEHICLE OR OPERATE AS A TNC DRIVER
UNLESS SUCH PERSON HOLDS A VALID TNC DRIVER PERMIT ISSUED PURSUANT TO
THIS SECTION. A VIOLATION OF THIS PARAGRAPH SHALL BE A TRAFFIC INFRAC-
TION PUNISHABLE BY A FINE OF NOT LESS THAN SEVENTY-FIVE NOR MORE THAN
THREE HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN FIFTEEN
DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
2. A TNC SHALL IMPLEMENT A ZERO-TOLERANCE POLICY REGARDING A TNC DRIV-
ER'S ACTIVITIES WHILE ACCESSING THE TNC'S DIGITAL NETWORK. SUCH POLICY
SHALL ADDRESS THE ISSUE OF OPERATING A VEHICLE UNDER THE INFLUENCE OF
ALCOHOL OR DRUGS WHILE A TNC DRIVER IS PROVIDING TNC PREARRANGED TRIPS
OR IS LOGGED ONTO THE TNC'S DIGITAL NETWORK BUT IS NOT PROVIDING TNC
PREARRANGED TRIPS, AND THE TNC SHALL PROVIDE NOTICE OF THIS POLICY ON
ITS DIGITAL NETWORK, AS WELL AS PROCEDURES TO REPORT A COMPLAINT ABOUT A
TNC DRIVER WITH WHOM A TNC PREARRANGED TRIP WAS COMMENCED AND WHOM THE
PASSENGER REASONABLY SUSPECTS WAS OPERATING A VEHICLE UNDER THE INFLU-
ENCE OF ALCOHOL OR DRUGS DURING THE COURSE OF THE TNC PREARRANGED TRIP.
3. (A) A TNC SHALL ADOPT A POLICY OF NON-DISCRIMINATION ON THE BASIS
OF DESTINATION, RACE, COLOR, NATIONAL ORIGIN, RELIGIOUS BELIEF, PRACTICE
OR AFFILIATION, SEX, DISABILITY, AGE, SEXUAL ORIENTATION, GENDER IDENTI-
TY, OR GENETIC PREDISPOSITION WITH RESPECT TO PASSENGERS AND POTENTIAL
PASSENGERS AND NOTIFY TNC DRIVERS OF SUCH POLICY.
(B) TNC DRIVERS SHALL COMPLY WITH ALL APPLICABLE LAWS REGARDING NON-
DISCRIMINATION AGAINST PASSENGERS OR POTENTIAL PASSENGERS ON THE BASIS
OF DESTINATION, RACE, COLOR, NATIONAL ORIGIN, RELIGIOUS BELIEF, PRACTICE
OR AFFILIATION, SEX, DISABILITY, AGE, SEXUAL ORIENTATION, GENDER IDENTI-
TY, OR GENETIC PREDISPOSITION WITH RESPECT TO PASSENGERS AND POTENTIAL
PASSENGERS AND NOTIFY TNC DRIVERS OF SUCH POLICY.
(C) TNC DRIVERS SHALL COMPLY WITH ALL APPLICABLE LAWS RELATING TO
ACCOMMODATION OF SERVICE ANIMALS.
(D) A TNC SHALL IMPLEMENT AND MAINTAIN A POLICY OF PROVIDING ACCESSI-
BILITY TO PASSENGERS OR POTENTIAL PASSENGERS WITH A DISABILITY AND
ACCOMMODATION OF SERVICE ANIMALS AS SUCH TERM IS DEFINED IN SECTION ONE
HUNDRED TWENTY-THREE-B OF THE AGRICULTURE AND MARKETS LAW AND SHALL TO
THE EXTENT PRACTICABLE ADOPT FINDINGS ESTABLISHED BY THE NEW YORK STATE
TNC ACCESSIBILITY TASK FORCE ADOPTED PURSUANT TO SECTION NINETEEN OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT ADDED THIS SECTION.
A TNC SHALL NOT IMPOSE ADDITIONAL CHARGES FOR PROVIDING SERVICES TO
PERSONS WITH PHYSICAL DISABILITIES BECAUSE OF THOSE DISABILITIES.
(E) THE NEW YORK STATE DIVISION OF HUMAN RIGHTS SHALL BE AUTHORIZED TO
ACCEPT, REVIEW AND INVESTIGATE ANY POTENTIAL OR ACTUAL VIOLATIONS OF
THIS SUBDIVISION IN A FORM AND MANNER CONSISTENT WITH AUTHORITY UNDER
ARTICLE FIFTEEN OF THE EXECUTIVE LAW AND SHALL NOTIFY THE DEPARTMENT,
UPON A FINDING OF A VIOLATION, FOR PURPOSES OF PERMIT SUSPENSION.
4. A TNC SHALL REQUIRE THAT ANY MOTOR VEHICLE(S) THAT A TNC DRIVER
WILL USE AS A TNC VEHICLE TO PROVIDE TNC PREARRANGED TRIPS MEETS APPLI-
CABLE NEW YORK STATE VEHICLE SAFETY AND EMISSIONS REQUIREMENTS, AS SET
FORTH IN SECTION THREE HUNDRED ONE OF THIS CHAPTER, OR THE VEHICLE SAFE-
S. 1264 9
TY AND EMISSIONS REQUIREMENTS OF THE STATE IN WHICH THE VEHICLE IS
REGISTERED.
5. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ENSURE THAT EACH TNC
VEHICLE IS EASILY IDENTIFIED AS SUCH AND THAT THE TNC FOR WHICH THE TNC
DRIVER IS PROVIDING THE TNC SERVICE OR TNC PREARRANGED TRIP IS DISTIN-
GUISHABLE. SUCH DEMARCATION SHALL BE IN SUCH FORM AS IS APPROVED BY THE
COMMISSIONER, AND SHALL BE ATTACHED, AFFIXED OR DISPLAYED IN SUCH MANNER
AS HE OR SHE MAY PRESCRIBE BY REGULATION.
§ 1697. MAINTENANCE OF RECORDS. A TNC SHALL MAINTAIN THE FOLLOWING
RECORDS:
1. INDIVIDUAL TRIP RECORDS FOR AT LEAST SIX YEARS FROM THE DATE EACH
TRIP WAS PROVIDED; AND
2. INDIVIDUAL RECORDS OF TNC DRIVERS AT LEAST UNTIL THE SIX YEAR ANNI-
VERSARY OF THE DATE ON WHICH A TNC DRIVER'S RELATIONSHIP WITH THE TNC
HAS ENDED.
§ 1698. AUDIT PROCEDURES; CONFIDENTIALITY OF RECORDS. 1. FOR THE SOLE
PURPOSE OF VERIFYING THAT A TNC IS IN COMPLIANCE WITH THE REQUIREMENTS
OF THIS ARTICLE AND NO MORE THAN BIANNUALLY, THE DEPARTMENT SHALL
RESERVE THE RIGHT TO VISUALLY INSPECT A SAMPLE OF RECORDS THAT THE TNC
IS REQUIRED TO MAINTAIN, UPON REQUEST BY THE DEPARTMENT THAT SHALL BE
FULFILLED IN NO LESS THAN TEN BUSINESS DAYS BY THE TNC. THE SAMPLE SHALL
BE CHOSEN RANDOMLY BY THE DEPARTMENT IN A MANNER AGREEABLE TO BOTH
PARTIES. THE AUDIT SHALL TAKE PLACE AT A MUTUALLY AGREED LOCATION IN NEW
YORK. ANY RECORD FURNISHED TO THE DEPARTMENT MAY EXCLUDE INFORMATION
THAT WOULD TEND TO IDENTIFY SPECIFIC DRIVERS OR PASSENGERS.
2. (A) THE DEPARTMENT SHALL ESTABLISH REGULATIONS FOR THE FILING OF
COMPLAINTS AGAINST ANY TNC DRIVER OR TNC PURSUANT TO THIS SECTION.
(B) IN RESPONSE TO A SPECIFIC COMPLAINT AGAINST ANY TNC DRIVER OR TNC,
THE DEPARTMENT IS AUTHORIZED TO INSPECT RECORDS HELD BY THE TNC THAT ARE
NECESSARY TO INVESTIGATE AND RESOLVE THE COMPLAINT. THE TNC AND THE
DEPARTMENT SHALL ENDEAVOR TO HAVE THE INSPECTION TAKE PLACE AT A MUTUAL-
LY AGREED LOCATION IN NEW YORK. ANY RECORD FURNISHED TO THE DEPARTMENT
MAY EXCLUDE INFORMATION THAT WOULD TEND TO IDENTIFY SPECIFIC DRIVERS OR
PASSENGERS, UNLESS THE IDENTITY OF A DRIVER OR PASSENGER IS RELEVANT TO
THE COMPLAINT.
3. THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE FILING OF
COMPLAINTS PURSUANT TO THIS SECTION.
§ 1699. CRIMINAL HISTORY BACKGROUND CHECK OF TRANSPORTATION NETWORK
COMPANY DRIVERS. 1. A TRANSPORTATION NETWORK COMPANY SHALL CONDUCT A
CRIMINAL HISTORY BACKGROUND CHECK USING A LAWFUL METHOD APPROVED BY THE
DEPARTMENT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
FOR PERSONS APPLYING TO DRIVE FOR SUCH COMPANY.
2. (A) THE METHOD USED TO CONDUCT A CRIMINAL HISTORY BACKGROUND CHECK
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE ESTABLISHED IN
REGULATIONS ADOPTED BY THE DEPARTMENT WITHIN 30 DAYS OF THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF 2017 THAT ADDED THIS SUBDIVISION. TO
ENSURE SAFETY OF THE RIDERS AND THE PUBLIC SUCH REGULATIONS SHALL ESTAB-
LISH THE METHOD USED TO CONDUCT SUCH BACKGROUND CHECKS AND ANY PROCESSES
AND OPERATIONS NECESSARY TO COMPLETE SUCH CHECKS. THE REVIEW OF CRIMINAL
HISTORY INFORMATION AND DETERMINATIONS ABOUT WHETHER OR NOT AN APPLICANT
IS ISSUED A TNC DRIVER PERMIT SHALL BE CONTROLLED BY PARAGRAPHS (B), (C)
AND (D) OF THIS SUBDIVISION.
(B) AN APPLICANT SHALL BE DISQUALIFIED TO RECEIVE A TNC DRIVER PERMIT
WHERE HE OR SHE:
(I) STANDS CONVICTED IN THE LAST THREE YEARS OF: UNLAWFUL FLEEING A
POLICE OFFICER IN A MOTOR VEHICLE IN VIOLATION OF SECTIONS 270.35,
S. 1264 10
270.30 OR 270.25 OF THE PENAL LAW, RECKLESS DRIVING IN VIOLATION OF
SECTION TWO THOUSAND TWELVE OF THIS CHAPTER, OPERATING WHILE LICENSE OR
PRIVILEGE IS SUSPENDED OR REVOKED IN VIOLATION OF SECTION FIVE HUNDRED
ELEVEN OF THIS CHAPTER, EXCLUDING SUBDIVISION SEVEN OF SUCH SECTION, A
MISDEMEANOR OFFENSE OF OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLU-
ENCE OF ALCOHOL OR DRUGS IN VIOLATION OF SECTION ONE THOUSAND ONE
HUNDRED AND NINETY TWO OF THIS CHAPTER, OR LEAVING THE SCENE OF AN ACCI-
DENT IN VIOLATION OF SUBDIVISION TWO OF SECTION SIX HUNDRED OF THIS
CHAPTER. IN CALCULATING THE THREE YEAR PERIOD UNDER THIS SUBPARAGRAPH,
ANY PERIOD OF TIME DURING WHICH THE PERSON WAS INCARCERATED AFTER THE
COMMISSION OF SUCH OFFENSE SHALL BE EXCLUDED AND SUCH THREE YEAR PERIOD
SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SPENT INCAR-
CERATED; OR
(II) STANDS CONVICTED IN THE LAST SEVEN YEARS OF: A SEX OFFENSE
DEFINED IN SUBDIVISION TWO OF SECTION 168-A OF THE CORRECTION LAW, A
FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL
LAW, A VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02 OF THE PENAL LAW,
A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, VEHICULAR ASSAULT IN
VIOLATION OF SECTION 120.03, 120.04 OR SUBDIVISION (A) OF 120.04 OF THE
PENAL LAW, A FELONY OFFENSE DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO
OF THE VEHICLE AND TRAFFIC LAW, AN OFFENSE FOR WHICH REGISTRATION AS A
SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
LAW, OR ANY CONVICTION OF AN OFFENSE IN ANY OTHER JURISDICTION THAT HAS
ALL THE ESSENTIAL ELEMENTS OF AN OFFENSE LISTED IN THIS SUBPARAGRAPH. IN
CALCULATING THE SEVEN YEAR PERIOD UNDER THIS SUBPARAGRAPH, ANY PERIOD OF
TIME DURING WHICH THE PERSON WAS INCARCERATED AFTER THE COMMISSION OF
SUCH OFFENSE SHALL BE EXCLUDED AND SUCH SEVEN YEAR PERIOD SHALL BE
EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SPENT INCARCERATED.
(C) A CRIMINAL HISTORY RECORD THAT CONTAINS CRIMINAL CONVICTION INFOR-
MATION THAT DOES NOT DISQUALIFY AN APPLICANT PURSUANT TO SUBPARAGRAPHS
(I) OR (II) OF PARAGRAPH (B) OF THIS SUBDIVISION, SHALL BE REVIEWED AND
CONSIDERED ACCORDING TO THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE
CORRECTION LAW AND SUBDIVISIONS FIFTEEN AND SIXTEEN OF SECTION TWO
HUNDRED NINETY-SIX OF THE EXECUTIVE LAW IN DETERMINING WHETHER OR NOT
THE APPLICANT SHOULD BE ISSUED A TNC DRIVER'S PERMIT.
(D) UPON RECEIPT OF CRIMINAL CONVICTION INFORMATION PURSUANT TO THIS
SECTION FOR ANY APPLICANT, SUCH APPLICANT SHALL PROMPTLY BE PROVIDED
WITH A COPY OF SUCH INFORMATION AS WELL AS A COPY OF ARTICLE TWENTY-
THREE-A OF THE CORRECTION LAW. SUCH APPLICANT SHALL ALSO BE INFORMED OF
HIS OR HER RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION
CONTAINED IN SUCH CRIMINAL HISTORY INFORMATION PURSUANT TO THE REGU-
LATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
(E) THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE PURPOSE OF
IMPLEMENTING THE PROVISIONS OF THIS SUBDIVISION.
3. A TRANSPORTATION NETWORK COMPANY SHALL UPDATE THE CRIMINAL HISTORY
BACKGROUND CHECK YEARLY DURING THE PERIOD IN WHICH THE PERSON IS AUTHOR-
IZED TO DRIVE FOR THE COMPANY, HOWEVER, THE COMMISSIONER MAY REQUIRE,
PURSUANT TO REGULATION, MORE FREQUENT CRIMINAL HISTORY BACKGROUND
CHECKS.
4. TO ENSURE SAFETY OF THE RIDERS AND THE PUBLIC, A TRANSPORTATION
NETWORK COMPANY SHALL BE RESPONSIBLE FOR ALL FEES ASSOCIATED WITH THE
CRIMINAL HISTORY CHECK PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
5. ANY TRANSPORTATION NETWORK COMPANY FOUND TO HAVE VIOLATED ANY
REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION, SHALL ON THE FIRST
INSTANCE, BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND
S. 1264 11
DOLLARS. FOR ANY SUBSEQUENT INSTANCE WITHIN THE PERIOD OF TWO YEARS FROM
ANY INITIAL VIOLATION, SUCH TRANSPORTATION NETWORK COMPANY SHALL BE
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIFTY THOUSAND DOLLARS, OR
THE SUSPENSION OR REVOCATION OF ITS TNC LICENSE OR BOTH.
§ 1700. CONTROLLING AUTHORITY. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE REGULATION OF TNCS AND TNC DRIVERS IS GOVERNED EXCLUSIVELY
BY THE PROVISIONS OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN
WHICH ADDED THIS SECTION AND ANY RULES PROMULGATED BY THE STATE THROUGH
ITS AGENCIES CONSISTENT WITH SUCH CHAPTER. NO COUNTY, TOWN, CITY OR
VILLAGE MAY ENACT A TAX OR ANY FEE OR OTHER SURCHARGE ON A TNC, A TNC
DRIVER, OR A TNC VEHICLE USED BY A TNC DRIVER OR REQUIRE A LICENSE,
PERMIT, OR ADDITIONAL INSURANCE COVERAGE OR ANY OTHER LIMITATIONS OR
RESTRICTIONS, A TNC DRIVER, OR A TNC VEHICLE USED BY A TNC DRIVER, WHERE
SUCH FEE, SURCHARGE, UNAUTHORIZED TAX, LICENSE, PERMIT, INSURANCE COVER-
AGE, LIMITATION OR RESTRICTION, RELATES TO FACILITATING OR PROVIDING TNC
PREARRANGED TRIPS, OR SUBJECTS A TNC, A TNC DRIVER, OR A TNC VEHICLE
USED BY A TNC DRIVER TO OPERATIONAL, OR OTHER REQUIREMENTS.
2. NOTHING IN THIS ARTICLE SHALL AUTHORIZE ANY TNC DRIVER TO PICK-UP A
PASSENGER FOR PURPOSES OF A TNC PREARRANGED TRIP IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE.
3. NOTHING IN THIS ARTICLE SHALL; (A) LIMIT THE ABILITY OF A COUNTY,
TOWN, CITY OR VILLAGE TO ADOPT OR AMEND GENERALLY APPLICABLE LIMITATIONS
OR RESTRICTIONS RELATING TO LOCAL TRAFFIC OR PARKING CONTROL AS AUTHOR-
IZED BY STATE LAW; OR (B) TO PREEMPT ANY RECIPROCITY AGREEMENTS, INCLUD-
ING AGREEMENTS ENTERED INTO PURSUANT TO SECTION FOUR HUNDRED NINETY-
EIGHT OF THIS CHAPTER, BETWEEN A COUNTY, TOWN, CITY OR VILLAGE THAT
RELATES TO SERVICES REGULATED BY SECTION ONE HUNDRED EIGHTY-ONE OF THE
GENERAL MUNICIPAL LAW.
§ 3. Section 370 of the vehicle and traffic law is amended by adding a
new subdivision 8 to read as follows:
8. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, AN INDIVIDUAL
SHALL NOT BE DEEMED TO BE ENGAGED IN THE BUSINESS OF CARRYING OR TRANS-
PORTING PASSENGERS FOR HIRE IF THE INDIVIDUAL DOES SO SOLELY AS A TRANS-
PORTATION NETWORK COMPANY DRIVER IN ACCORDANCE WITH ARTICLE FORTY-FOUR-B
OF THIS CHAPTER.
§ 4. Subdivision 1 of section 312-a of the vehicle and traffic law, as
amended by chapter 781 of the laws of 1983, is amended to read as
follows:
1. Upon issuance of an owner's policy of liability insurance or other
financial security required by this chapter OR THE ARTICLE FORTY-FOUR-B
OF THIS CHAPTER, an insurer shall issue proof of insurance in accordance
with the regulations promulgated by the commissioner pursuant to para-
graph (b) of subdivision two of section three hundred thirteen of this
article.
§ 4-a. Section 600 of the vehicle and traffic law, as amended by chap-
ter 49 of the laws of 2005, is amended to read as follows:
§ 600. Leaving scene of an incident without reporting. 1. Property
damage. a. Any person operating a motor vehicle who, knowing or having
cause to know that damage has been caused to the real property or to the
personal property, not including animals, of another, due to an incident
involving the motor vehicle operated by such person shall, before leav-
ing the place where the damage occurred, stop, exhibit his or her
license and insurance identification card for such vehicle, when such
card is required pursuant to articles six and eight of this chapter, and
give his or her name, residence, including street and number, insurance
carrier and insurance identification information including but not
S. 1264 12
limited to the number and effective dates of said individual's insurance
policy, and license number to the party sustaining the damage, or in
case the person sustaining the damage is not present at the place where
the damage occurred then he or she shall report the same as soon as
physically able to the nearest police station, or judicial officer. IN
ADDITION TO THE FOREGOING, ANY SUCH PERSON SHALL ALSO: (I) PRODUCE THE
PROOF OF INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE FORTY-FOUR-B OF
THIS CHAPTER IF SUCH PERSON IS A TNC DRIVER OPERATING A TNC VEHICLE
WHILE THE INCIDENT OCCURRED WHO WAS EITHER (A) LOGGED ON TO THE TNC'S
DIGITAL NETWORK AND AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT NOT
ENGAGED IN A TNC PREARRANGED TRIP OR (B) WAS LOGGED ON TO THE TNC'S
DIGITAL NETWORK AND WAS ENGAGED IN A TNC PREARRANGED TRIP; AND (II)
DISCLOSE WHETHER HE OR SHE, AT THE TIME SUCH INCIDENT OCCURRED, WAS
EITHER (A) LOGGED ON TO THE TNC'S DIGITAL NETWORK AND AVAILABLE TO
RECEIVE TRANSPORTATION REQUESTS BUT NOT ENGAGED IN A TNC PREARRANGED
TRIP OR (B) WAS LOGGED ON TO THE TNC'S DIGITAL NETWORK AND WAS ENGAGED
IN A TNC PREARRANGED TRIP.
b. It shall be the duty of any member of a law enforcement agency who
is at the scene of the accident to request the said operator or opera-
tors of the motor vehicles, when physically capable of doing so, to
exchange the information required hereinabove and such member of a law
enforcement agency shall assist such operator or operators in making
such exchange of information in a reasonable and harmonious manner.
A violation of the provisions of paragraph a of this subdivision shall
constitute a traffic infraction punishable by a fine of up to two
hundred fifty dollars or a sentence of imprisonment for up to fifteen
days or both such fine and imprisonment.
2. Personal injury. a. Any person operating a motor vehicle who,
knowing or having cause to know that personal injury has been caused to
another person, due to an incident involving the motor vehicle operated
by such person shall, before leaving the place where the said personal
injury occurred, stop, exhibit his or her license and insurance iden-
tification card for such vehicle, when such card is required pursuant to
articles six and eight of this chapter, and give his or her name, resi-
dence, including street and street number, insurance carrier and insur-
ance identification information including but not limited to the number
and effective dates of said individual's insurance policy and license
number, to the injured party, if practical, and also to a police offi-
cer, or in the event that no police officer is in the vicinity of the
place of said injury, then, he or she shall report said incident as soon
as physically able to the nearest police station or judicial officer.
IN ADDITION TO THE FOREGOING, ANY SUCH PERSON SHALL ALSO: (I) PRODUCE
THE PROOF OF INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE
FORTY-FOUR-B OF THIS CHAPTER IF SUCH PERSON IS A TNC DRIVER OPERATING A
TNC VEHICLE AT THE TIME OF THE INCIDENT WHO WAS EITHER (A) LOGGED ON TO
THE TNC'S DIGITAL NETWORK AND AVAILABLE TO RECEIVE TRANSPORTATION
REQUESTS BUT NOT ENGAGED IN A TNC PREARRANGED TRIP OR (B) WAS LOGGED ON
TO THE TNC'S DIGITAL NETWORK AND WAS ENGAGED IN A TNC PREARRANGED TRIP;
AND (II) DISCLOSE WHETHER HE OR SHE, AT THE TIME SUCH INCIDENT OCCURRED,
WAS EITHER (A) LOGGED ON TO THE TNC'S DIGITAL NETWORK AND AVAILABLE TO
RECEIVE TRANSPORTATION REQUESTS BUT NOT ENGAGED IN A TNC PREARRANGED
TRIP OR (B) WAS LOGGED ON TO THE TNC'S DIGITAL NETWORK AND WAS ENGAGED
IN A TNC PREARRANGED TRIP.
b. It shall be the duty of any member of a law enforcement agency who
is at the scene of the accident to request the said operator or opera-
tors of the motor vehicles, when physically capable of doing so, to
S. 1264 13
exchange the information required hereinabove and such member of a law
enforcement agency shall assist such operator or operators in making
such exchange of information in a reasonable and harmonious manner.
c. A violation of the provisions of paragraph a of this subdivision
resulting solely from the failure of an operator to exhibit his or her
license and insurance identification card for the vehicle or exchange
the information required in such paragraph shall constitute a class B
misdemeanor punishable by a fine of not less than two hundred fifty nor
more than five hundred dollars in addition to any other penalties
provided by law. Any subsequent such violation shall constitute a class
A misdemeanor punishable by a fine of not less than five hundred nor
more than one thousand dollars in addition to any other penalties
provided by law. Any violation of the provisions of paragraph a of this
subdivision, other than for the mere failure of an operator to exhibit
his or her license and insurance identification card for such vehicle or
exchange the information required in such paragraph, shall constitute a
class A misdemeanor, punishable by a fine of not less than five hundred
dollars nor more than one thousand dollars in addition to any other
penalties provided by law. Any such violation committed by a person
after such person has previously been convicted of such a violation
shall constitute a class E felony, punishable by a fine of not less than
one thousand nor more than two thousand five hundred dollars in addition
to any other penalties provided by law. Any violation of the provisions
of paragraph a of this subdivision, other than for the mere failure of
an operator to exhibit his or her license and insurance identification
card for such vehicle or exchange the information required in such para-
graph, where the personal injury involved (i) results in serious phys-
ical injury, as defined in section 10.00 of the penal law, shall consti-
tute a class E felony, punishable by a fine of not less than one
thousand nor more than five thousand dollars in addition to any other
penalties provided by law, or (ii) results in death shall constitute a
class D felony punishable by a fine of not less than two thousand nor
more than five thousand dollars in addition to any other penalties
provided by law.
3. FOR THE PURPOSES OF THIS ARTICLE, THE TERMS "TNC", "TNC DRIVER",
"TNC VEHICLE", "TNC PREARRANGED TRIP" AND "DIGITAL NETWORK" SHALL HAVE
THE SAME MEANINGS AS SUCH TERMS ARE DEFINED IN ARTICLE FORTY-FOUR-B OF
THIS CHAPTER.
§ 4-b. Section 601 of the vehicle and traffic law, as amended by chap-
ter 672 of the laws of 2004, is amended to read as follows:
§ 601. Leaving scene of injury to certain animals without reporting.
Any person operating a motor vehicle which shall strike and injure any
horse, dog, cat or animal classified as cattle shall stop and endeavor
to locate the owner or custodian of such animal or a police, peace or
judicial officer of the vicinity, and take any other reasonable and
appropriate action so that the animal may have necessary attention, and
shall also promptly report the matter to such owner, custodian or offi-
cer (or if no one of such has been located, then to a police officer of
some other nearby community), exhibiting his or her license and insur-
ance identification card for such vehicle, when such card is required
pursuant to articles six and eight of this chapter, giving his or her
name and residence, including street and street number, insurance carri-
er and insurance identification information and license number. IN ADDI-
TION TO THE FOREGOING, ANY SUCH PERSON SHALL ALSO: (I) PRODUCE THE PROOF
OF INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE FORTY-FOUR-B OF THIS
CHAPTER IS SUCH PERSON IS A TNC DRIVER OPERATING A TNC VEHICLE AT THE
S. 1264 14
TIME OF THE INCIDENT WHO WAS EITHER (A) LOGGED ON TO THE TNC'S DIGITAL
NETWORK AND AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT NOT ENGAGED
IN A TNC PREARRANGED TRIP OR (B) WAS LOGGED ON TO THE TNC'S DIGITAL
NETWORK AND WAS ENGAGED IN A TNC PREARRANGED TRIP AND (II) DISCLOSE
WHETHER HE OR SHE, AT THE TIME SUCH INCIDENT OCCURRED, WAS EITHER (A)
LOGGED ON TO THE TNC'S DIGITAL NETWORK AND AVAILABLE TO RECEIVE TRANS-
PORTATION REQUESTS BUT NOT ENGAGED IN A TNC PREARRANGED TRIP OR (B) WAS
LOGGED ON TO THE TNC'S DIGITAL NETWORK AND WAS ENGAGED IN A TNC PREAR-
RANGED TRIP. Violation of this section shall be punishable by a fine of
not more than one hundred dollars for a first offense and by a fine of
not less than fifty nor more than one hundred fifty dollars for a second
offense and each subsequent offense; provided, however where the animal
that has been struck and injured is a guide dog, hearing dog or service
dog, as such terms are defined in section forty-seven-b of the civil
rights law which is actually engaged in aiding or guiding a person with
a disability, a violation of this section shall be [publishable] PUNISH-
ABLE by a fine of not less than fifty nor more than one hundred fifty
dollars for a first offense and by a fine of not less than one hundred
fifty dollars nor more than three hundred dollars for a second offense
and each subsequent offense.
§ 5. The insurance law is amended by adding a new section 3455 to read
as follows:
§ 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 SAME MEANING AS
SET FORTH IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
(2) "CERTIFICATE" OR "CERTIFICATE OF INSURANCE" MEANS ANY POLICY,
CONTRACT OR OTHER EVIDENCE OF INSURANCE, OR ENDORSEMENT THERETO, ISSUED
TO A GROUP MEMBER UNDER A TRANSPORTATION NETWORK COMPANY GROUP POLICY.
(3) "TRANSPORTATION NETWORK COMPANY GROUP POLICY" OR "GROUP POLICY"
MEANS A GROUP POLICY, INCLUDING CERTIFICATES ISSUED TO THE GROUP
MEMBERS, WHERE THE GROUP POLICYHOLDER IS A TRANSPORTATION NETWORK COMPA-
NY AND THE POLICY PROVIDES INSURANCE TO THE TRANSPORTATION NETWORK
COMPANY AND TO GROUP MEMBERS:
(A) IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE FORTY-FOUR-B OF THE
VEHICLE AND TRAFFIC LAW;
(B) OF THE TYPE DESCRIBED IN PARAGRAPH THIRTEEN, FOURTEEN, OR NINETEEN
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 SUCH OTHER REQUIRE-
MENTS OR REGULATIONS THAT MAY APPLY FOR THE PURPOSES OF SATISFYING THE
FINANCIAL RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE USE OR OPERA-
TION OF A MOTOR VEHICLE.
(4) "GROUP MEMBER" MEANS A TRANSPORTATION NETWORK COMPANY DRIVER AS
DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
(5) "GROUP POLICYHOLDER" MEANS A TRANSPORTATION NETWORK COMPANY.
(6) "TNC VEHICLE" SHALL HAVE THE MEANING SET FORTH IN ARTICLE FORTY-
FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
(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.
S. 1264 15
(C)(1) A TRANSPORTATION NETWORK COMPANY GROUP POLICY SHALL PROVIDE
COVERAGE FOR A TNC VEHICLE IN ACCORDANCE WITH THE REQUIREMENTS OF ARTI-
CLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
(2) A TRANSPORTATION NETWORK COMPANY GROUP POLICY MAY PROVIDE:
(A) COVERAGE FOR LIMITS HIGHER THAN THE MINIMUM LIMITS REQUIRED PURSU-
ANT TO ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
(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;
(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. A TRANSPORTATION NETWORK COMPANY GROUP POLICY, INCLUDING
CERTIFICATES, SHALL BE ISSUED BY AUTHORIZED INSURERS OR FROM EXCESS LINE
BROKERS PURSUANT TO SECTION SIXTEEN HUNDRED NINETY-THREE OF THE VEHICLE
AND TRAFFIC LAW.
(4) A POLICYHOLDER ALSO MAY BE AN INSURED UNDER A GROUP POLICY.
(D) THE PREMIUM FOR THE TRANSPORTATION NETWORK COMPANY GROUP POLICY,
INCLUDING CERTIFICATES MAY BE PAID BY THE GROUP POLICYHOLDER FROM THE
FUNDS CONTRIBUTED:
(1) WHOLLY BY THE GROUP POLICYHOLDER;
(2) WHOLLY BY THE GROUP MEMBERS; OR
(3) JOINTLY BY THE GROUP POLICYHOLDER AND THE GROUP MEMBERS.
(E) (1) ANY POLICY DIVIDEND, RETROSPECTIVE PREMIUM CREDIT, OR RETRO-
SPECTIVE PREMIUM REFUND IN RESPECT OF PREMIUMS PAID BY THE GROUP POLICY-
HOLDER MAY:
(A) BE APPLIED TO REDUCE THE PREMIUM CONTRIBUTION OF THE GROUP POLICY-
HOLDER, BUT NOT IN EXCESS OF THE PROPORTION TO ITS CONTRIBUTION; OR
(B) BE RETAINED BY THE GROUP POLICYHOLDER.
(2) ANY POLICY DIVIDEND, RETROSPECTIVE PREMIUM CREDIT, OR RETROSPEC-
TIVE PREMIUM REFUND NOT DISTRIBUTED UNDER PARAGRAPH ONE OF THIS
SUBSECTION SHALL BE:
(A) APPLIED TO REDUCE FUTURE PREMIUMS AND, ACCORDINGLY, FUTURE
CONTRIBUTIONS, OF EXISTING OR FUTURE GROUP MEMBERS, OR BOTH; OR
(B) PAID OR REFUNDED TO THOSE GROUP MEMBERS INSURED ON THE DATE THE
PAYMENT OR REFUND IS MADE TO THE GROUP POLICYHOLDER, IF DISTRIBUTED BY
THE GROUP POLICYHOLDER, OR ON THE DATE OF MAILING, IF DISTRIBUTED
DIRECTLY BY THE INSURER, SUBJECT TO THE FOLLOWING REQUIREMENTS:
(I) THE INSURER SHALL BE RESPONSIBLE FOR DETERMINING THE ALLOCATION OF
THE PAYMENT OF REFUND TO THE GROUP MEMBERS;
(II) IF THE GROUP POLICYHOLDER DISTRIBUTES THE PAYMENT OR REFUND, THE
INSURER SHALL BE RESPONSIBLE FOR AUDIT TO ASCERTAIN THAT THE PAYMENT OR
REFUND IS ACTUALLY MADE IN ACCORDANCE WITH THE ALLOCATION PROCEDURE; AND
(III) IF THE GROUP POLICYHOLDER FAILS TO MAKE THE PAYMENT OR REFUND,
THE INSURER SHALL MAKE THE PAYMENT OR REFUND DIRECTLY OR USE THE METHOD
PROVIDED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
(3) NOTWITHSTANDING PARAGRAPHS ONE AND TWO OF THIS SUBSECTION, IF A
DIVIDEND ACCRUES UPON TERMINATION OF COVERAGE UNDER A TRANSPORTATION
NETWORK COMPANY GROUP POLICY, THE PREMIUM FOR WHICH WAS PAID OUT OF
FUNDS CONTRIBUTED BY GROUP MEMBERS SPECIFICALLY FOR THE COVERAGE, THE
DIVIDEND SHALL BE PAID OR REFUNDED BY THE GROUP POLICYHOLDER TO THE
GROUP MEMBERS INSURED ON THE DATE THE PAYMENT OR REFUND IS MADE TO THE
S. 1264 16
GROUP POLICYHOLDER, NET OF REASONABLE EXPENSES INCURRED BY THE GROUP
POLICYHOLDER IN PAYING OR REFUNDING THE DIVIDEND TO SUCH GROUP MEMBERS.
(4) FOR THE PURPOSES OF THIS SUBSECTION, "DIVIDEND" MEANS A RETURN BY
THE INSURER OF A TRANSPORTATION NETWORK COMPANY GROUP POLICY OF EXCESS
PREMIUMS TO THE GROUP POLICYHOLDER IN LIGHT OF FAVORABLE LOSS EXPERI-
ENCE, INCLUDING RETROSPECTIVE PREMIUM CREDITS OR RETROSPECTIVE PREMIUM
REFUNDS. THE TERM "DIVIDEND" DOES NOT INCLUDE REIMBURSEMENTS OR FEES
RECEIVED BY A GROUP POLICYHOLDER IN CONNECTION WITH THE OPERATION OR
ADMINISTRATION OF A TRANSPORTATION NETWORK COMPANY GROUP POLICY, INCLUD-
ING ADMINISTRATIVE REIMBURSEMENTS, FEES FOR SERVICES PROVIDED BY THE
GROUP POLICYHOLDER, OR TRANSACTIONAL SERVICE FEES.
(F) THE INSURER SHALL TREAT IN LIKE MANNER ALL ELIGIBLE GROUP MEMBERS
OF THE SAME CLASS AND STATUS.
(G) EACH POLICY WRITTEN PURSUANT TO THIS SECTION SHALL PROVIDE PER
OCCURRENCE LIMITS OF COVERAGE FOR EACH GROUP MEMBER IN AN AMOUNT NOT
LESS THAN THAT REQUIRED BY THIS ARTICLE, AND MAY PROVIDE COVERAGE FOR
LIMITS HIGHER THAN THE MINIMUM LIMITS REQUIRED UNDER THE LAW.
(H) (1) THE INSURER SHALL BE RESPONSIBLE FOR MAILING OR DELIVERY OF A
CERTIFICATE OF INSURANCE TO EACH GROUP MEMBER INSURED UNDER THE TRANS-
PORTATION NETWORK COMPANY GROUP POLICY, PROVIDED, HOWEVER, THAT THE
INSURER MAY DELEGATE THE MAILING OR DELIVERY TO THE TRANSPORTATION
NETWORK COMPANY. THE INSURER 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 ELIMINATION 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.
(3) IF ANY COVERAGE AFFORDED TO THE GROUP MEMBER IS EXCESS OF APPLICA-
BLE INSURANCE COVERAGE, THE CERTIFICATE SHALL CONTAIN A NOTICE ADVISING
THE GROUP MEMBERS THAT, IF THE MEMBER HAS OTHER INSURANCE COVERAGE,
SPECIFIED COVERAGES UNDER THE TRANSPORTATION NETWORK COMPANY GROUP POLI-
CY WILL BE EXCESS OVER THE OTHER INSURANCE.
(I) 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.
(J) A TRANSPORTATION NETWORK COMPANY GROUP POLICY SHALL NOT BE SUBJECT
TO SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OR SECTION THREE
THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE; PROVIDED THAT THE
FOLLOWING REQUIREMENTS SHALL APPLY WITH REGARD TO TERMINATION OF COVER-
AGE:
(1)(A) AN INSURER MAY TERMINATE A GROUP POLICY OR CERTIFICATE ONLY IF
CANCELLATION IS BASED ON ONE OR MORE OF THE REASONS SET FORTH IN SUBPAR-
AGRAPH (A) THROUGH (D) OR (F) THROUGH (H) OF PARAGRAPH ONE OF SUBSECTION
(C) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE;
PROVIDED, HOWEVER, THAT AN ACT OR OMISSION BY A GROUP MEMBER THAT WOULD
CONSTITUTE THE BASIS FOR CANCELLATION OF AN INDIVIDUAL CERTIFICATE SHALL
NOT CONSTITUTE THE BASIS FOR CANCELLATION OF THE GROUP POLICY.
(B) WHERE THE PREMIUM IS DERIVED WHOLLY FROM FUNDS CONTRIBUTED BY THE
GROUP POLICYHOLDER, AN INSURER MAY CANCEL AN INDIVIDUAL CERTIFICATE ONLY
IF CANCELLATION IS BASED ON ONE OR MORE OF THE REASONS SET FORTH IN
S. 1264 17
SUBPARAGRAPH (B), (C) OR (H) OF PARAGRAPH ONE OF SUBSECTION (C) OF
SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE.
(2) (A) AN INSURER'S CANCELLATION OF A GROUP POLICY, INCLUDING ALL
CERTIFICATES, SHALL NOT BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE
INSURER MAILS OR DELIVERS WRITTEN NOTICE OF CANCELLATION TO THE GROUP
POLICYHOLDER AT THE MAILING ADDRESS SHOWN IN THE POLICY.
(I) WHERE ALL OR PART OF THE PREMIUM IS DERIVED FROM FUNDS CONTRIBUTED
BY THE GROUP MEMBER SPECIFICALLY FOR THE COVERAGE, THE INSURER SHALL
ALSO MAIL OR DELIVER WRITTEN NOTICE OF CANCELLATION OF THE GROUP POLICY
TO THE GROUP MEMBER AT THE GROUP MEMBER'S MAILING ADDRESS. SUCH CANCEL-
LATION SHALL NOT BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE INSURER
MAILS OR DELIVERS THE WRITTEN NOTICE TO THE GROUP MEMBER.
(II) WHERE NONE OF THE PREMIUM IS DERIVED FROM FUNDS CONTRIBUTED BY A
GROUP MEMBER SPECIFICALLY FOR THE COVERAGE, THE GROUP POLICY HOLDER
SHALL MAIL OR DELIVER WRITTEN NOTICE TO THE GROUP MEMBER ADVISING THE
GROUP MEMBER OF THE CANCELLATION OF THE GROUP POLICY AND THE EFFECTIVE
DATE OF CANCELLATION. THE GROUP POLICY HOLDER SHALL MAIL OR DELIVER THE
WRITTEN NOTICE WITHIN NINETY DAYS AFTER RECEIVING NOTICE OF CANCELLATION
FROM THE INSURER.
(B) AN INSURER'S CANCELLATION OF AN INDIVIDUAL CERTIFICATE SHALL NOT
BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE INSURER MAILS OR DELIVERS
WRITTEN NOTICE OF CANCELLATION TO THE GROUP MEMBER AT THE GROUP MEMBER'S
MAILING ADDRESS AND TO THE GROUP POLICYHOLDER AT THE MAILING ADDRESS
SHOWN IN THE GROUP POLICY.
(3) (A) A GROUP POLICYHOLDER MAY CANCEL A GROUP POLICY, INCLUDING ALL
CERTIFICATES, OR ANY INDIVIDUAL CERTIFICATE, FOR ANY REASON UPON THIRTY
DAYS WRITTEN NOTICE TO THE INSURER AND EACH GROUP MEMBER; AND
(B) THE GROUP POLICYHOLDER SHALL MAIL OR DELIVER WRITTEN NOTICE TO
EACH AFFECTED GROUP MEMBER OF THE GROUP POLICYHOLDER'S CANCELLATION OF
THE GROUP POLICY OR CERTIFICATE AND THE EFFECTIVE DATE OF CANCELLATION.
THE GROUP POLICYHOLDER SHALL MAIL OR DELIVER THE WRITTEN NOTICE TO THE
GROUP MEMBER'S MAILING ADDRESS AT LEAST THIRTY DAYS PRIOR TO THE EFFEC-
TIVE DATE OF CANCELLATION.
(4) (A) UNLESS A GROUP POLICY PROVIDES FOR A LONGER POLICY PERIOD, THE
POLICY AND ALL CERTIFICATES SHALL BE ISSUED OR RENEWED FOR A ONE-YEAR
POLICY PERIOD.
(B) THE GROUP POLICYHOLDER SHALL BE ENTITLED TO RENEW THE GROUP POLICY
AND ALL CERTIFICATES UPON TIMELY PAYMENT OF THE PREMIUM BILLED TO THE
GROUP POLICYHOLDER FOR THE RENEWAL, UNLESS:
(I) THE INSURER MAILS OR DELIVERS TO THE GROUP POLICYHOLDER AND ALL
GROUP MEMBERS WRITTEN NOTICE OF NONRENEWAL, OR CONDITIONAL RENEWAL; AND
(II) THE INSURER MAILS OR DELIVERS THE WRITTEN NOTICE AT LEAST THIRTY,
BUT NOT MORE THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE EXPIRATION DATE
SPECIFIED IN THE POLICY OR, IF NO DATE IS SPECIFIED, THE NEXT ANNIVER-
SARY DATE OF THE POLICY.
(5) WHERE THE GROUP POLICYHOLDER NONRENEWS THE GROUP POLICY, THE GROUP
POLICYHOLDER SHALL MAIL OR DELIVER WRITTEN NOTICE TO EACH GROUP MEMBER
ADVISING THE GROUP MEMBER OF NONRENEWAL OF THE GROUP POLICY AND THE
EFFECTIVE DATE OF NONRENEWAL. THE GROUP POLICYHOLDER SHALL MAIL OR
DELIVER WRITTEN NOTICE AT LEAST THIRTY DAYS PRIOR TO THE NONRENEWAL.
(6) EVERY NOTICE OF CANCELLATION, NONRENEWAL, OR CONDITIONAL RENEWAL
SHALL SET FORTH THE SPECIFIC REASON OR REASONS FOR CANCELLATION, NONRE-
NEWAL, OR CONDITIONAL RENEWAL.
(7) (A) AN INSURER SHALL NOT BE REQUIRED UNDER THIS SUBSECTION TO GIVE
NOTICE TO A GROUP MEMBER IF THE INSURER HAS BEEN ADVISED BY EITHER THE
S. 1264 18
GROUP POLICYHOLDER OR ANOTHER INSURER THAT SUBSTANTIALLY SIMILAR COVER-
AGE HAS BEEN OBTAINED FROM THE OTHER INSURER WITHOUT LAPSE OF COVERAGE.
(B) A GROUP POLICYHOLDER SHALL NOT BE REQUIRED UNDER THIS SUBSECTION
TO GIVE NOTICE TO A GROUP MEMBER IF SUBSTANTIALLY SIMILAR COVERAGE HAS
BEEN OBTAINED FROM ANOTHER INSURER WITHOUT LAPSE OF COVERAGE.
(8) (A) IF, PRIOR TO THE EFFECTIVE DATE OF CANCELLATION, NONRENEWAL,
OR CONDITIONAL RENEWAL OF THE GROUP POLICY, OR A CERTIFICATE, WHETHER
INITIATED BY THE INSURER, GROUP POLICYHOLDER OR BY THE GROUP MEMBER IN
REGARD TO THE GROUP MEMBER'S CERTIFICATE, COVERAGE ATTACHES PURSUANT TO
THE TERMS OF A GROUP POLICY, THEN THE COVERAGE SHALL BE EFFECTIVE UNTIL
EXPIRATION OF THE APPLICABLE PERIOD OF COVERAGE PROVIDED IN THE GROUP
POLICY NOTWITHSTANDING THE CANCELLATION, NONRENEWAL OR CONDITIONAL
NONRENEWAL OF THE GROUP POLICY.
(B) NOTWITHSTANDING SUBPARAGRAPH (A) OF THIS PARAGRAPH, AN INSURER MAY
TERMINATE COVERAGE UNDER AN INDIVIDUAL CERTIFICATE ON THE EFFECTIVE DATE
OF CANCELLATION, IF THE CERTIFICATE IS CANCELLED IN ACCORDANCE WITH THE
PROVISIONS OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF THIS SUBSECTION.
(K) 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.
(L) AN INSURER MAY ISSUE A TRANSPORTATION NETWORK COMPANY GROUP POLICY
TO A TRANSPORTATION NETWORK COMPANY, NOTWITHSTANDING THAT IT MAY BE A
CONDITION OF OPERATING A VEHICLE ON THE TRANSPORTATION NETWORK COMPANY'S
DIGITAL NETWORK FOR THE TNC DRIVER TO PARTICIPATE IN SUCH GROUP POLICY.
(M) AN INSURER SHALL NOT INCLUDE A MANDATORY ARBITRATION CLAUSE IN A
POLICY THAT PROVIDES FINANCIAL RESPONSIBILITY COVERAGE UNDER THIS
SECTION EXCEPT AS PERMITTED IN SECTION FIVE THOUSAND ONE HUNDRED FIVE OF
THE INSURANCE LAW.
§ 6. Subsection (g) of section 5102 of the insurance law is amended to
read as follows:
(g) "Insurer" means the insurance company or self-insurer, as the case
may be, which provides the financial security required by article six
[or], eight, OR FORTY-FOUR-B of the vehicle and traffic law.
§ 7. Subsection (b) of section 5103 of the insurance law is amended by
adding a new paragraph 4 to read as follows:
(4) IS INJURED WHILE A MOTOR VEHICLE IS BEING USED OR OPERATED BY A
TNC DRIVER PURSUANT TO ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC
LAW, PROVIDED, HOWEVER, THAT AN INSURER MAY NOT INCLUDE THIS EXCLUSION
IN A POLICY USED TO SATISFY THE REQUIREMENTS UNDER ARTICLE FORTY-FOUR-B
OF THE VEHICLE AND TRAFFIC LAW.
§ 8. Subsection (d) of section 5106 of the insurance law, as added by
chapter 452 of the laws of 2005, is amended to read as follows:
(d) [Where] (1) EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS
SUBSECTION, WHERE there is reasonable belief more than one insurer would
be the source of first party benefits, the insurers may agree among
themselves, if there is a valid basis therefor, that one of them will
accept and pay the claim initially. If there is no such agreement, then
the first insurer to whom notice of claim is given shall be responsible
for payment. Any such dispute shall be resolved in accordance with the
arbitration procedures established pursuant to section five thousand one
hundred five of this article and [regulation] REGULATIONS as promulgated
by the superintendent, and any insurer paying first-party benefits shall
be reimbursed by other insurers for their proportionate share of the
costs of the claim and the allocated expenses of processing the claim,
in accordance with the provisions entitled "other coverage" contained in
regulation and the provisions entitled "other sources of first-party
S. 1264 19
benefits" contained in regulation. If there is no such insurer and the
motor vehicle accident occurs in this state, then an applicant who is a
qualified person as defined in article fifty-two of this chapter shall
institute the claim against THE motor vehicle accident indemnification
corporation.
(2) A GROUP POLICY ISSUED PURSUANT TO SECTION THREE THOUSAND FOUR
HUNDRED FIFTY-FIVE OF THIS CHAPTER SHALL PROVIDE FIRST PARTY BENEFITS
WHEN A DISPUTE EXISTS AS TO WHETHER A DRIVER WAS USING OR OPERATING A
MOTOR VEHICLE IN CONNECTION WITH A TRANSPORTATION NETWORK COMPANY WHEN
LOSS, DAMAGE, INJURY, OR DEATH OCCURS. A TRANSPORTATION NETWORK COMPANY
SHALL NOTIFY THE INSURER THAT ISSUED THE OWNER'S POLICY OF LIABILITY
INSURANCE OF THE DISPUTE WITHIN TEN BUSINESS DAYS OF BECOMING AWARE THAT
THE DISPUTE EXISTS. WHEN THERE IS A DISPUTE, THE GROUP INSURER LIABLE
FOR THE PAYMENT OF FIRST PARTY BENEFITS UNDER A GROUP POLICY SHALL HAVE
THE RIGHT TO RECOVER THE AMOUNT PAID FROM THE DRIVER'S INSURER TO THE
EXTENT THAT THE DRIVER WOULD HAVE BEEN LIABLE TO PAY DAMAGES IN AN
ACTION AT LAW.
§ 9. Subsection (b) of section 2305 of the insurance law, as amended
by chapter 11 of the laws of 2008, paragraph 13 as amended by chapter
136 of the laws of 2008, is amended to read as follows:
(b) rate filings for:
(1) workers' compensation insurance;
(2) motor vehicle insurance, or surety bonds, required by section
three hundred seventy of the vehicle and traffic law OR ARTICLE FORTY-
FOUR-B OF THE VEHICLE AND TRAFFIC LAW;
(3) joint underwriting;
(4) motor vehicle assigned risk insurance;
(5) insurance issued by the New York Property Insurance Underwriting
Association;
(6) risk sharing plans authorized by section two thousand three
hundred eighteen of this article;
(7) title insurance;
(8) medical malpractice liability insurance;
(9) insurance issued by the Medical Malpractice Insurance Association;
(10) mortgage guaranty insurance;
(11) credit property insurance, as defined in section two thousand
three hundred forty of this article; [and]
(12) gap insurance; AND
(13) [Private] PRIVATE passenger automobile insurance, except as
provided in section two thousand three hundred fifty of this article[.],
shall be filed with the superintendent and shall not become effective
unless either the filing has been approved or thirty days, which the
superintendent may with cause extend an additional thirty days and with
further cause extend an additional fifteen days, have elapsed and the
filing has not been disapproved as failing to meet the requirements of
this article, including the standard that rates be not otherwise unrea-
sonable. After a rate filing becomes effective, the filing and support-
ing information shall be open to public inspection. If a filing is
disapproved, THEN notice of such disapproval order shall be given, spec-
ifying in what respects such filing fails to meet the requirements of
this article. Upon his or her request, the superintendent shall be
provided with support and assistance from the workers' compensation
board and other state agencies and departments with appropriate juris-
diction. The loss cost multiplier for each insurer providing coverage
for workers' compensation, as defined by regulation promulgated by the
S. 1264 20
superintendent, shall be promptly displayed on the department's website
and updated in the event of any change.
§ 10. Paragraph 1 of subsection (a) of section 3425 of the insurance
law, as amended by chapter 235 of the laws of 1989, is amended to read
as follows:
(1) "Covered policy" means a contract of insurance, referred to in
this section as "automobile insurance", issued or issued for delivery in
this state, on a risk located or resident in this state, insuring
against losses or liabilities arising out of the ownership, operation,
or use of a motor vehicle, predominantly used for non-business purposes,
when a natural person is the named insured under the policy of automo-
bile insurance; PROVIDED, HOWEVER, THAT THE USE OR OPERATION OF THE
MOTOR VEHICLE BY A TRANSPORTATION NETWORK DRIVER AS A TNC VEHICLE IN
ACCORDANCE WITH ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW
SHALL NOT BE INCLUDED IN DETERMINING WHETHER THE MOTOR VEHICLE IS BEING
USED PREDOMINANTLY FOR NON-BUSINESS PURPOSES.
§ 11. Subdivisions 1 and 3 of section 160-cc of the executive law, as
added by chapter 49 of the laws of 1999, are amended and a new subdivi-
sion 10 is added to read as follows:
1. "Black car operator" means the registered owner of a for-hire vehi-
cle, or a driver designated by such registered owner to operate the
registered owner's for-hire vehicle as the registered owner's authorized
designee, whose injury arose out of and in the course of providing
covered services to a central dispatch facility that is a registered
member of the New York black car operators' injury compensation fund,
inc. FOR THE PURPOSES OF ADMINISTRATION OF THIS ARTICLE, A BLACK CAR
OPERATOR SHALL INCLUDE A TRANSPORTATION NETWORK COMPANY DRIVER AS
DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
3. "Central dispatch facility" means a central facility, wherever
located, INCLUDING A TRANSPORTATION NETWORK COMPANY, that (a) dispatches
the registered owners of for-hire vehicles, or drivers acting as the
designated agent of such registered owners, to both pick-up and
discharge passengers in the state, and (b) has certified to the satis-
faction of the department of state that more than ninety percent of its
for-hire business is on a payment basis other than direct cash payment
by a passenger; provided, however, that a central dispatch facility
shall not include any such central facility that owns fifty percent or
more of the cars it dispatches. FOR THE PURPOSES OF ADMINISTRATION OF
THIS ARTICLE, CENTRAL DISPATCH FACILITY SHALL INCLUDE TNC PREARRANGED AS
DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
10. "TRANSPORTATION NETWORK COMPANY" OR "TNC" SHALL HAVE THE SAME
MEANING AS THE TERM IS DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE
AND TRAFFIC LAW.
§ 12. Subdivision 1 of section 160-ff of the executive law, as added
by chapter 49 of the laws of 1999, is amended to read as follows:
1. [Within thirty days of the effective date of this article, there]
THERE shall be appointed a board of directors of the fund, consisting of
nine directors, [five] FOUR of whom shall be selected by the black car
assistance corporation; [three] FOUR of whom shall be chosen by the
governor, including one chosen upon the recommendation of the temporary
president of the senate and one chosen upon the recommendation of the
speaker of the assembly, AND ONE CHOSEN TO REPRESENT A TRANSPORTATION
NETWORK COMPANY AS DEFINED BY ARTICLE FORTY-FOUR-B OF THE VEHICLE AND
TRAFFIC LAW; and one of whom shall be the secretary, who shall serve ex
officio. [The initial terms of directors other than the secretary shall
be staggered, the three directors appointed by the governor serving for
S. 1264 21
initial terms of three years from the effective date of this article,
three of the remaining five directors serving for initial terms of two
years from the effective date of this article and two directors serving
for initial terms of one year from the effective date of this article]
THE TERM OF THE DIRECTOR APPOINTED BY THE GOVERNOR TO REPRESENT THE
TRANSPORTATION NETWORK COMPANY ORGANIZATION SHALL BEGIN UPON THE EXPIRA-
TION OF THE TERM OF A DIRECTOR SELECTED BY THE BLACK CAR ASSISTANCE
CORPORATION FOLLOWING DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN. IN
THE EVENT THAT A DIRECTOR APPOINTED BY THE BLACK CAR ASSISTANCE CORPO-
RATION IS SERVING IN AN EXPIRED APPOINTMENT ON DECEMBER THIRTY-FIRST,
TWO THOUSAND SIXTEEN, SUCH MEMBER SHALL BE REPLACED IMMEDIATELY BY A
DIRECTOR APPOINTED BY THE GOVERNOR TO REPRESENT A TRANSPORTATION NETWORK
COMPANY ORGANIZATION. The [subsequent] terms of all directors other
than the secretary shall be three years. The board shall have the power
to remove for cause any director other than the secretary.
§ 13. Subdivision 3 of section 160-jj of the executive law, as added
by chapter 49 of the laws of 1999, is amended to read as follows:
3. No local licensing authority or the department OR THE NEW YORK
STATE DEPARTMENT OF MOTOR VEHICLES shall issue, continue or renew any
license or registration certificate, OR PERMIT for the operation of any
central dispatch facility unless such central dispatch facility, as a
condition of maintaining its license and/or registration certificate,
adds the surcharge required by this section to every invoice and billing
for covered services sent to, and every credit payment for covered
services received from, its customers and pays to the fund no later than
the fifteenth day of each month the total surcharges due pursuant to
this article.
§ 14. Subdivision 1 of section 171-a of the tax law, as amended by
chapter 90 of the laws of 2014, is amended to read as follows:
1. All taxes, interest, penalties and fees collected or received by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise provided in section two hundred five thereof), nine-A,
twelve-A (except as otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise provided in
section three hundred twelve thereof), eighteen, nineteen, twenty
(except as otherwise provided in section four hundred eighty-two there-
of), twenty-B, twenty-one, twenty-two, twenty-six, [twenty-six-B,] twen-
ty-eight (except as otherwise provided in section eleven hundred two or
eleven hundred three thereof), twenty-eight-A, TWENTY-NINE-B (EXCEPT AS
OTHERWISE PROVIDED IN SECTION TWELVE HUNDRED NINETY-EIGHT THEREOF),
thirty-one (except as otherwise provided in section fourteen hundred
twenty-one thereof), thirty-three and thirty-three-A of this chapter
shall be deposited daily in one account with such responsible banks,
banking houses or trust companies as may be designated by the comp-
troller, to the credit of the comptroller. Such an account may be estab-
lished in one or more of such depositories. Such deposits shall be kept
separate and apart from all other money in the possession of the comp-
troller. The comptroller shall require adequate security from all such
depositories. Of the total revenue collected or received under such
articles of this chapter, the comptroller shall retain in the comp-
troller's hands such amount as the commissioner may determine to be
necessary for refunds or reimbursements under such articles of this
chapter out of which amount the comptroller shall pay any refunds or
reimbursements to which taxpayers shall be entitled under the provisions
of such articles of this chapter. The commissioner and the comptroller
S. 1264 22
shall maintain a system of accounts showing the amount of revenue
collected or received from each of the taxes imposed by such articles.
The comptroller, after reserving the amount to pay such refunds or
reimbursements, shall, on or before the tenth day of each month, pay
into the state treasury to the credit of the general fund all revenue
deposited under this section during the preceding calendar month and
remaining to the comptroller's credit on the last day of such preceding
month, (i) except that the comptroller shall pay to the state department
of social services that amount of overpayments of tax imposed by article
twenty-two of this chapter and the interest on such amount which is
certified to the comptroller by the commissioner as the amount to be
credited against past-due support pursuant to subdivision six of section
one hundred seventy-one-c of this article, (ii) and except that the
comptroller shall pay to the New York state higher education services
corporation and the state university of New York or the city university
of New York respectively that amount of overpayments of tax imposed by
article twenty-two of this chapter and the interest on such amount which
is certified to the comptroller by the commissioner as the amount to be
credited against the amount of defaults in repayment of guaranteed
student loans and state university loans or city university loans pursu-
ant to subdivision five of section one hundred seventy-one-d and subdi-
vision six of section one hundred seventy-one-e of this article, (iii)
and except further that, notwithstanding any law, the comptroller shall
credit to the revenue arrearage account, pursuant to section
ninety-one-a of the state finance law, that amount of overpayment of tax
imposed by article nine, nine-A, twenty-two, thirty, thirty-A, thirty-B
or thirty-three of this chapter, and any interest thereon, which is
certified to the comptroller by the commissioner as the amount to be
credited against a past-due legally enforceable debt owed to a state
agency pursuant to paragraph (a) of subdivision six of section one
hundred seventy-one-f of this article, provided, however, he shall cred-
it to the special offset fiduciary account, pursuant to section ninety-
one-c of the state finance law, any such amount creditable as a liabil-
ity as set forth in paragraph (b) of subdivision six of section one
hundred seventy-one-f of this article, (iv) and except further that the
comptroller shall pay to the city of New York that amount of overpayment
of tax imposed by article nine, nine-A, twenty-two, thirty, thirty-A,
thirty-B or thirty-three of this chapter and any interest thereon that
is certified to the comptroller by the commissioner as the amount to be
credited against city of New York tax warrant judgment debt pursuant to
section one hundred seventy-one-l of this article, (v) and except
further that the comptroller shall pay to a non-obligated spouse that
amount of overpayment of tax imposed by article twenty-two of this chap-
ter and the interest on such amount which has been credited pursuant to
section one hundred seventy-one-c, one hundred seventy-one-d, one
hundred seventy-one-e, one hundred seventy-one-f or one hundred seven-
ty-one-l of this article and which is certified to the comptroller by
the commissioner as the amount due such non-obligated spouse pursuant to
paragraph six of subsection (b) of section six hundred fifty-one of this
chapter; and (vi) the comptroller shall deduct a like amount which the
comptroller shall pay into the treasury to the credit of the general
fund from amounts subsequently payable to the department of social
services, the state university of New York, the city university of New
York, or the higher education services corporation, or the revenue
arrearage account or special offset fiduciary account pursuant to
section ninety-one-a or ninety-one-c of the state finance law, as the
S. 1264 23
case may be, whichever had been credited the amount originally withheld
from such overpayment, and (vii) with respect to amounts originally
withheld from such overpayment pursuant to section one hundred seventy-
one-l of this article and paid to the city of New York, the comptroller
shall collect a like amount from the city of New York.
§ 14-a. Subdivision 1 of section 171-a of the tax law, as amended by
section 54 of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
1. All taxes, interest, penalties and fees collected or received by
the commissioner or the commissioner's duly authorized agent under arti-
cles nine (except section one hundred eighty-two-a thereof and except as
otherwise provided in section two hundred five thereof), nine-A,
twelve-A (except as otherwise provided in section two hundred eighty-
four-d thereof), thirteen, thirteen-A (except as otherwise provided in
section three hundred twelve thereof), eighteen, nineteen, twenty
(except as otherwise provided in section four hundred eighty-two there-
of), twenty-one, twenty-two, twenty-six, [twenty-six-B,] twenty-eight
(except as otherwise provided in section eleven hundred two or eleven
hundred three thereof), twenty-eight-A, TWENTY-NINE-B (EXCEPT AS OTHER-
WISE PROVIDED IN SECTION TWELVE HUNDRED NINETY-EIGHT THEREOF), thirty-
one (except as otherwise provided in section fourteen hundred twenty-one
thereof), thirty-three and thirty-three-A of this chapter shall be
deposited daily in one account with such responsible banks, banking
houses or trust companies as may be designated by the comptroller, to
the credit of the comptroller. Such an account may be established in one
or more of such depositories. Such deposits shall be kept separate and
apart from all other money in the possession of the comptroller. The
comptroller shall require adequate security from all such depositories.
Of the total revenue collected or received under such articles of this
chapter, the comptroller shall retain in the comptroller's hands such
amount as the commissioner may determine to be necessary for refunds or
reimbursements under such articles of this chapter out of which amount
the comptroller shall pay any refunds or reimbursements to which taxpay-
ers shall be entitled under the provisions of such articles of this
chapter. The commissioner and the comptroller shall maintain a system of
accounts showing the amount of revenue collected or received from each
of the taxes imposed by such articles. The comptroller, after reserving
the amount to pay such refunds or reimbursements, shall, on or before
the tenth day of each month, pay into the state treasury to the credit
of the general fund all revenue deposited under this section during the
preceding calendar month and remaining to the comptroller's credit on
the last day of such preceding month, (i) except that the comptroller
shall pay to the state department of social services that amount of
overpayments of tax imposed by article twenty-two of this chapter and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount to be credited against past-due support
pursuant to subdivision six of section one hundred seventy-one-c of this
article, (ii) and except that the comptroller shall pay to the New York
state higher education services corporation and the state university of
New York or the city university of New York respectively that amount of
overpayments of tax imposed by article twenty-two of this chapter and
the interest on such amount which is certified to the comptroller by the
commissioner as the amount to be credited against the amount of defaults
in repayment of guaranteed student loans and state university loans or
city university loans pursuant to subdivision five of section one
hundred seventy-one-d and subdivision six of section one hundred seven-
S. 1264 24
ty-one-e of this article, (iii) and except further that, notwithstanding
any law, the comptroller shall credit to the revenue arrearage account,
pursuant to section ninety-one-a of the state finance law, that amount
of overpayment of tax imposed by article nine, nine-A, twenty-two, thir-
ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest
thereon, which is certified to the comptroller by the commissioner as
the amount to be credited against a past-due legally enforceable debt
owed to a state agency pursuant to paragraph (a) of subdivision six of
section one hundred seventy-one-f of this article, provided, however, he
shall credit to the special offset fiduciary account, pursuant to
section ninety-one-c of the state finance law, any such amount credita-
ble as a liability as set forth in paragraph (b) of subdivision six of
section one hundred seventy-one-f of this article, (iv) and except
further that the comptroller shall pay to the city of New York that
amount of overpayment of tax imposed by article nine, nine-A, twenty-
two, thirty, thirty-A, thirty-B or thirty-three of this chapter and any
interest thereon that is certified to the comptroller by the commission-
er as the amount to be credited against city of New York tax warrant
judgment debt pursuant to section one hundred seventy-one-l of this
article, (v) and except further that the comptroller shall pay to a
non-obligated spouse that amount of overpayment of tax imposed by arti-
cle twenty-two of this chapter and the interest on such amount which has
been credited pursuant to section one hundred seventy-one-c, one hundred
seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f or
one hundred seventy-one-l of this article and which is certified to the
comptroller by the commissioner as the amount due such non-obligated
spouse pursuant to paragraph six of subsection (b) of section six
hundred fifty-one of this chapter; and (vi) the comptroller shall deduct
a like amount which the comptroller shall pay into the treasury to the
credit of the general fund from amounts subsequently payable to the
department of social services, the state university of New York, the
city university of New York, or the higher education services corpo-
ration, or the revenue arrearage account or special offset fiduciary
account pursuant to section ninety-one-a or ninety-one-c of the state
finance law, as the case may be, whichever had been credited the amount
originally withheld from such overpayment, and (vii) with respect to
amounts originally withheld from such overpayment pursuant to section
one hundred seventy-one-l of this article and paid to the city of New
York, the comptroller shall collect a like amount from the city of New
York.
§ 15. Paragraph 34 of subdivision (b) of section 1101 of the tax law,
as amended by section 1 of part WW of chapter 57 of the laws of 2010, is
amended to read as follows:
(34) Transportation service. The service of transporting, carrying or
conveying a person or persons by livery service; whether to a single
destination or to multiple destinations; and whether the compensation
paid by or on behalf of the passenger is based on mileage, trip, time
consumed or any other basis. A service that begins and ends in this
state is deemed intra-state even if it passes outside this state during
a portion of the trip. However, transportation service does not include
transportation of persons in connection with funerals. Transportation
service includes transporting, carrying, or conveying property of the
person being transported, whether owned by or in the care of such
person. NOTWITHSTANDING THE FOREGOING, TRANSPORTATION SERVICE SHALL NOT
INCLUDE A TNC PREARRANGED TRIP, AS THAT TERM IS DEFINED IN ARTICLE
FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW, THAT IS SUBJECT TO TAX
S. 1264 25
UNDER ARTICLE TWENTY-NINE-B OF THIS CHAPTER. In addition to what is
included in the definition of "receipt" in paragraph three of this
subdivision, receipts from the sale of transportation service subject to
tax include any handling, carrying, baggage, booking service, adminis-
trative, mark-up, additional, or other charge, of any nature, made in
conjunction with the transportation service. Livery service means
service provided by limousine, black car or other motor vehicle, with a
driver, but excluding (i) a taxicab, (ii) a bus, and (iii), in a city of
one million or more in this state, an affiliated livery vehicle, and
excluding any scheduled public service. Limousine means a vehicle with a
seating capacity of up to fourteen persons, excluding the driver. Black
car means a for-hire vehicle dispatched from a central facility. "Affil-
iated livery vehicle" means a for-hire motor vehicle with a seating
capacity of up to six persons, including the driver, other than a black
car or luxury limousine, that is authorized and licensed by the taxi and
limousine commission of a city of one million or more to be dispatched
by a base station located in such a city and regulated by such taxi and
limousine commission; and the charges for service provided by an affil-
iated livery vehicle are on the basis of flat rate, time, mileage, or
zones and not on a garage to garage basis.
§ 16. The tax law is amended by adding a new article 29-B to read as
follows:
ARTICLE 29-B
STATE ASSESSMENT FEE ON TRANSPORTATION NETWORK COMPANY
PREARRANGED TRIPS
SECTION 1291. DEFINITIONS.
1292. IMPOSITION.
1293. PRESUMPTION.
1294. RETURNS AND PAYMENT OF STATE ASSESSMENT FEE.
1295. RECORDS TO BE KEPT.
1296. SECRECY OF RETURNS AND REPORTS.
1297. PRACTICE AND PROCEDURE.
1298. DEPOSIT AND DISPOSITION OF REVENUE.
§ 1291. DEFINITIONS. (A) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP,
LIMITED LIABILITY COMPANY, SOCIETY, ASSOCIATION, JOINT STOCK COMPANY,
CORPORATION, ESTATE, RECEIVER, TRUSTEE, ASSIGNEE, REFEREE OR ANY OTHER
PERSON ACTING IN A FIDUCIARY OR REPRESENTATIVE CAPACITY, WHETHER
APPOINTED BY A COURT OR OTHERWISE, ANY COMBINATION OF INDIVIDUALS AND
ANY OTHER FORM OF UNINCORPORATED ENTERPRISE OWNED OR CONDUCTED BY TWO OR
MORE PERSONS.
(B) "CITY" MEANS A CITY OF A MILLION OR MORE LOCATED IN THE METROPOL-
ITAN COMMUTER TRANSPORTATION DISTRICT ESTABLISHED BY SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
(C) "TRANSPORTATION NETWORK COMPANY" OR "TNC" SHALL HAVE THE SAME
MEANING AS THE TERM IS DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE
AND TRAFFIC LAW.
(D) "TNC PREARRANGED TRIP" SHALL HAVE THE SAME MEANING AS THE TERM IS
DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
(E) "TNC DRIVER" SHALL HAVE THE SAME MEANING AS THE TERM IS DEFINED IN
ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
(F) "TNC VEHICLE" SHALL HAVE THE SAME MEANING AS THE TERM IS DEFINED
IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
(G) "GROSS TRIP FARE" MEANS THE SUM OF THE BASE FARE CHARGE, DISTANCE
CHARGE AND TIME CHARGE FOR A COMPLETE TNC PREARRANGED TRIP AT THE RATE
PUBLISHED BY THE TNC BY OR THROUGH WHICH SUCH TRIP IS ARRANGED.
S. 1264 26
§ 1292. IMPOSITION. THERE IS HEREBY IMPOSED ON EVERY TNC A STATE
ASSESSMENT FEE OF FOUR PERCENT OF THE GROSS TRIP FARE OF EVERY TNC
PREARRANGED TRIP PROVIDED BY SUCH TNC THAT ORIGINATES ANYWHERE IN THE
STATE OUTSIDE THE CITY AND TERMINATES ANYWHERE IN THIS STATE.
§ 1293. PRESUMPTION. FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF
THIS ARTICLE AND TO PREVENT EVASION OF THE STATE ASSESSMENT FEE IMPOSED
BY THIS ARTICLE, IT SHALL BE PRESUMED THAT EVERY TNC PREARRANGED TRIP
THAT ORIGINATES ANYWHERE IN THE STATE OUTSIDE THE CITY IS SUBJECT TO THE
STATE ASSESSMENT FEE. THIS PRESUMPTION SHALL PREVAIL UNTIL THE CONTRARY
IS PROVEN BY THE PERSON LIABLE FOR THE FEE.
§ 1294. RETURNS AND PAYMENT OF STATE ASSESSMENT FEE. (A) EVERY PERSON
LIABLE FOR THE STATE ASSESSMENT FEE IMPOSED BY THIS ARTICLE SHALL FILE A
RETURN ON A CALENDAR-QUARTERLY BASIS WITH THE COMMISSIONER. EACH RETURN
SHALL SHOW THE NUMBER OF TNC PREARRANGED TRIPS IN THE QUARTER FOR WHICH
THE RETURN IS FILED, TOGETHER WITH SUCH OTHER INFORMATION AS THE COMMIS-
SIONER MAY REQUIRE. THE RETURNS REQUIRED BY THIS SECTION SHALL BE FILED
WITHIN THIRTY DAYS AFTER THE END OF THE QUARTERLY PERIOD COVERED THERE-
BY. IF THE COMMISSIONER DEEMS IT NECESSARY IN ORDER TO ENSURE THE
PAYMENT OF THE STATE ASSESSMENT FEE IMPOSED BY THIS ARTICLE, THE COMMIS-
SIONER MAY REQUIRE RETURNS TO BE MADE FOR SHORTER PERIODS THAN
PRESCRIBED BY THE FOREGOING PROVISIONS OF THIS SECTION, AND UPON SUCH
DATES AS THE COMMISSIONER MAY SPECIFY. THE FORM OF RETURNS SHALL BE
PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN SUCH INFORMATION AS THE
COMMISSIONER MAY DEEM NECESSARY FOR THE PROPER ADMINISTRATION OF THIS
ARTICLE. THE COMMISSIONER MAY REQUIRE AMENDED RETURNS TO BE FILED WITHIN
THIRTY DAYS AFTER NOTICE AND TO CONTAIN THE INFORMATION SPECIFIED IN THE
NOTICE. THE COMMISSIONER MAY REQUIRE THAT THE RETURNS BE FILED ELECTRON-
ICALLY.
(B) EVERY PERSON REQUIRED TO FILE A RETURN UNDER THIS ARTICLE SHALL,
AT THE TIME OF FILING SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL OF
ALL STATE ASSESSMENT FEES ON THE CORRECT NUMBER OF TRIPS SUBJECT TO SUCH
FEE UNDER THIS ARTICLE. THE AMOUNT SO PAYABLE TO THE COMMISSIONER FOR
THE PERIOD FOR WHICH A RETURN IS REQUIRED TO BE FILED SHALL BE DUE AND
PAYABLE TO THE COMMISSIONER ON THE DATE SPECIFIED FOR THE FILING OF THE
RETURN FOR SUCH PERIOD, WITHOUT REGARD TO WHETHER A RETURN IS FILED OR
WHETHER THE RETURN THAT IS FILED CORRECTLY SHOWS THE CORRECT NUMBER OF
TRIPS OR THE AMOUNT OF FEES DUE THEREON. THE COMMISSIONER MAY REQUIRE
THAT THE FEE BE PAID ELECTRONICALLY.
§ 1295. RECORDS TO BE KEPT. EVERY PERSON LIABLE FOR THE STATE ASSESS-
MENT FEE IMPOSED BY THIS ARTICLE SHALL KEEP:
(A) RECORDS OF EVERY TNC PREARRANGED TRIP SUBJECT TO THE STATE ASSESS-
MENT FEE UNDER THIS ARTICLE, AND OF ALL AMOUNTS PAID, CHARGED OR DUE
THEREON, IN SUCH FORM AS THE COMMISSIONER MAY REQUIRE;
(B) TRUE AND COMPLETE COPIES OF ANY RECORDS REQUIRED TO BE KEPT BY A
STATE AGENCY THAT IS AUTHORIZED TO PERMIT OR REGULATE A TNC; AND
(C) SUCH OTHER RECORDS AND INFORMATION AS THE COMMISSIONER MAY REQUIRE
TO PERFORM HIS OR HER DUTIES UNDER THIS ARTICLE.
§ 1296. SECRECY OF RETURNS AND REPORTS. (A) EXCEPT IN ACCORDANCE WITH
PROPER JUDICIAL ORDER OR AS OTHERWISE PROVIDED BY LAW, IT SHALL BE
UNLAWFUL FOR THE COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
MENT, ANY PERSON ENGAGED OR RETAINED BY THE DEPARTMENT ON AN INDEPENDENT
CONTRACT BASIS, OR ANY PERSON WHO IN ANY MANNER MAY ACQUIRE KNOWLEDGE OF
THE CONTENTS OF A RETURN OR REPORT FILED WITH THE COMMISSIONER PURSUANT
TO THIS ARTICLE, TO DIVULGE OR MAKE KNOWN IN ANY MANNER ANY PARTICULARS
SET FORTH OR DISCLOSED IN ANY SUCH RETURN OR REPORT. THE OFFICERS
CHARGED WITH THE CUSTODY OF SUCH RETURNS AND REPORTS SHALL NOT BE
S. 1264 27
REQUIRED TO PRODUCE ANY OF THEM OR EVIDENCE OF ANYTHING CONTAINED IN
THEM IN ANY ACTION OR PROCEEDING IN ANY COURT, EXCEPT ON BEHALF OF THE
COMMISSIONER IN AN ACTION OR PROCEEDING UNDER THE PROVISIONS OF THIS
CHAPTER OR IN ANY OTHER ACTION OR PROCEEDING INVOLVING THE COLLECTION OF
A STATE ASSESSMENT FEE DUE UNDER THIS ARTICLE TO WHICH THE STATE OR THE
COMMISSIONER IS A PARTY OR A CLAIMANT, OR ON BEHALF OF ANY PARTY TO ANY
ACTION, PROCEEDING OR HEARING UNDER THE PROVISIONS OF THIS ARTICLE WHEN
THE RETURNS, REPORTS OR FACTS SHOWN THEREBY ARE DIRECTLY INVOLVED IN
SUCH ACTION, PROCEEDING OR HEARING, IN ANY OF WHICH EVENTS THE COURT, OR
IN THE CASE OF A HEARING, THE DIVISION OF TAX APPEALS MAY REQUIRE THE
PRODUCTION OF, AND MAY ADMIT INTO EVIDENCE, SO MUCH OF SAID RETURNS,
REPORTS OR OF THE FACTS SHOWN THEREBY, AS ARE PERTINENT TO THE ACTION,
PROCEEDING OR HEARING AND NO MORE. THE COMMISSIONER OR THE DIVISION OF
TAX APPEALS MAY, NEVERTHELESS, PUBLISH A COPY OR A SUMMARY OF ANY DECI-
SION RENDERED AFTER A HEARING REQUIRED BY THIS ARTICLE. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO PROHIBIT THE DELIVERY TO A PERSON WHO HAS
FILED A RETURN OR REPORT OR TO SUCH PERSON'S DULY AUTHORIZED REPRESEN-
TATIVE OF A CERTIFIED COPY OF ANY RETURN OR REPORT FILED IN CONNECTION
WITH SUCH PERSON'S STATE ASSESSMENT FEE. NOR SHALL ANYTHING IN THIS
SECTION BE CONSTRUED TO PROHIBIT THE PUBLICATION OF STATISTICS SO CLAS-
SIFIED AS TO PREVENT THE IDENTIFICATION OF PARTICULAR RETURNS OR REPORTS
AND THE ITEMS THEREOF, OR THE INSPECTION BY THE ATTORNEY GENERAL OR
OTHER LEGAL REPRESENTATIVES OF THE STATE OF THE RETURN OR REPORT OF ANY
PERSON REQUIRED TO PAY THE STATE ASSESSMENT FEE WHO SHALL BRING ACTION
TO REVIEW THE STATE ASSESSMENT FEE BASED THEREON, OR AGAINST WHOM AN
ACTION OR PROCEEDING UNDER THIS CHAPTER HAS BEEN RECOMMENDED BY THE
COMMISSIONER OR THE ATTORNEY GENERAL OR HAS BEEN INSTITUTED, OR THE
INSPECTION OF THE RETURNS OR REPORTS REQUIRED UNDER THIS ARTICLE BY THE
COMPTROLLER OR DULY DESIGNATED OFFICER OR EMPLOYEE OF THE STATE DEPART-
MENT OF AUDIT AND CONTROL, FOR PURPOSES OF THE AUDIT OF A REFUND OF ANY
STATE ASSESSMENT FEE PAID BY A PERSON REQUIRED TO PAY THE STATE ASSESS-
MENT FEE UNDER THIS ARTICLE. PROVIDED, FURTHER, NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO PROHIBIT THE DISCLOSURE, IN SUCH MANNER AS THE
COMMISSIONER DEEMS APPROPRIATE, OF THE NAMES AND OTHER APPROPRIATE IDEN-
TIFYING INFORMATION OF THOSE PERSONS REQUIRED TO PAY STATE ASSESSMENT
FEE UNDER THIS ARTICLE.
(B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE COMMISSIONER, IN HIS OR HER DISCRETION, MAY REQUIRE OR PERMIT ANY OR
ALL PERSONS LIABLE FOR ANY STATE ASSESSMENT FEE IMPOSED BY THIS ARTICLE,
TO MAKE PAYMENT TO BANKS, BANKING HOUSES OR TRUST COMPANIES DESIGNATED
BY THE COMMISSIONER AND TO FILE RETURNS WITH SUCH BANKS, BANKING HOUSES
OR TRUST COMPANIES AS AGENTS OF THE COMMISSIONER, IN LIEU OF PAYING ANY
SUCH STATE ASSESSMENT FEE DIRECTLY TO THE COMMISSIONER. HOWEVER, THE
COMMISSIONER SHALL DESIGNATE ONLY SUCH BANKS, BANKING HOUSES OR TRUST
COMPANIES AS ARE ALREADY DESIGNATED BY THE COMPTROLLER AS DEPOSITORIES
PURSUANT TO SECTION TWELVE HUNDRED EIGHTY-EIGHT OF THIS CHAPTER.
(C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
THE COMMISSIONER MAY PERMIT THE SECRETARY OF THE TREASURY OF THE UNITED
STATES OR SUCH SECRETARY'S DELEGATE, OR THE AUTHORIZED REPRESENTATIVE OF
EITHER SUCH OFFICER, TO INSPECT ANY RETURN FILED UNDER THIS ARTICLE, OR
MAY FURNISH TO SUCH OFFICER OR SUCH OFFICER'S AUTHORIZED REPRESENTATIVE
AN ABSTRACT OF ANY SUCH RETURN OR SUPPLY SUCH PERSON WITH INFORMATION
CONCERNING AN ITEM CONTAINED IN ANY SUCH RETURN, OR DISCLOSED BY ANY
INVESTIGATION OF LIABILITY UNDER THIS ARTICLE, BUT SUCH PERMISSION SHALL
BE GRANTED OR SUCH INFORMATION FURNISHED ONLY IF THE LAWS OF THE UNITED
STATES GRANT SUBSTANTIALLY SIMILAR PRIVILEGES TO THE COMMISSIONER OR
S. 1264 28
OFFICER OF THIS STATE CHARGED WITH THE ADMINISTRATION OF THE STATE
ASSESSMENT FEE IMPOSED BY THIS ARTICLE, AND ONLY IF SUCH INFORMATION IS
TO BE USED FOR PURPOSES OF TAX ADMINISTRATION ONLY; AND PROVIDED FURTHER
THE COMMISSIONER MAY FURNISH TO THE COMMISSIONER OF INTERNAL REVENUE OR
SUCH COMMISSIONER'S AUTHORIZED REPRESENTATIVE SUCH RETURNS FILED UNDER
THIS ARTICLE AND OTHER TAX INFORMATION, AS SUCH COMMISSIONER MAY CONSID-
ER PROPER, FOR USE IN COURT ACTIONS OR PROCEEDINGS UNDER THE INTERNAL
REVENUE CODE, WHETHER CIVIL OR CRIMINAL, WHERE A WRITTEN REQUEST THERE-
FOR HAS BEEN MADE TO THE COMMISSIONER BY THE SECRETARY OF THE TREASURY
OF THE UNITED STATES OR SUCH SECRETARY'S DELEGATE, PROVIDED THE LAWS OF
THE UNITED STATES GRANT SUBSTANTIALLY SIMILAR POWERS TO THE SECRETARY OF
THE TREASURY OF THE UNITED STATES OR HIS OR HER DELEGATE. WHERE THE
COMMISSIONER HAS SO AUTHORIZED USE OF RETURNS AND OTHER INFORMATION IN
SUCH ACTIONS OR PROCEEDINGS, OFFICERS AND EMPLOYEES OF THE DEPARTMENT
MAY TESTIFY IN SUCH ACTIONS OR PROCEEDINGS IN RESPECT TO SUCH RETURNS OR
OTHER INFORMATION.
(D) RETURNS AND REPORTS FILED UNDER THIS ARTICLE SHALL BE PRESERVED
FOR THREE YEARS AND THEREAFTER UNTIL THE COMMISSIONER ORDERS THEM TO BE
DESTROYED.
(E) (1) ANY OFFICER OR EMPLOYEE OF THE STATE WHO WILLFULLY VIOLATES
THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION SHALL BE DISMISSED
FROM OFFICE AND BE INCAPABLE OF HOLDING ANY PUBLIC OFFICE FOR A PERIOD
OF FIVE YEARS THEREAFTER.
(2) CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE THIRTY-SEVEN
OF THIS CHAPTER.
§ 1297. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE TWENTY-SEVEN
OF THIS CHAPTER SHALL APPLY WITH RESPECT TO THE ADMINISTRATION OF AND
PROCEDURE WITH RESPECT TO THE STATE ASSESSMENT FEE IMPOSED BY THIS ARTI-
CLE IN THE SAME MANNER AND WITH THE SAME FORCE AND EFFECT AS IF THE
LANGUAGE OF SUCH ARTICLE TWENTY-SEVEN HAD BEEN INCORPORATED IN FULL INTO
THIS ARTICLE AND HAD EXPRESSLY REFERRED TO THE STATE ASSESSMENT FEE
UNDER THIS ARTICLE, EXCEPT TO THE EXTENT THAT ANY SUCH PROVISION IS
EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS NOT RELEVANT
TO THIS ARTICLE.
§ 1298. DEPOSIT AND DISPOSITION OF REVENUE. ALL TAXES, FEES, INTEREST
AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER THIS ARTI-
CLE SHALL BE DEPOSITED AND DISPOSED OF PURSUANT TO THE PROVISIONS OF
SECTION ONE HUNDRED SEVENTY-ONE-A OF THIS CHAPTER. FROM SUCH TAXES,
INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER
THIS ARTICLE, TWENTY-FIVE PERCENT SHALL BE DEPOSITED TO THE CREDIT OF A
DEDICATED TRANSPORTATION FUND ESTABLISHED PURSUANT TO A CHAPTER OF THE
LAWS OF TWO THOUSAND SEVENTEEN FOR THE SUPPORT OF TRANSPORTATION RELATED
NEEDS THROUGHOUT THE STATE.
§ 17. The tax law is amended by adding a new section 1822 to read as
follows:
§ 1822. VIOLATION OF THE STATE ASSESSMENT FEE ON TRANSPORTATION
NETWORK COMPANY PREARRANGED TRIPS. ANY WILLFUL ACT OR OMISSION BY ANY
PERSON THAT CONSTITUTES A VIOLATION OF ANY PROVISION OF ARTICLE TWENTY-
NINE-B OF THIS CHAPTER SHALL CONSTITUTE A MISDEMEANOR.
§ 18. Section 1825 of the tax law, as amended by section 89 of part A
of chapter 59 of the laws of 2014, is amended to read as follows:
§ 1825. Violation of secrecy provisions of the tax law.--Any person
who violates the provisions of subdivision (b) of section twenty-one,
subdivision one of section two hundred two, subdivision eight of section
two hundred eleven, subdivision (a) of section three hundred fourteen,
subdivision one or two of section four hundred thirty-seven, section
S. 1264 29
four hundred eighty-seven, subdivision one or two of section five
hundred fourteen, subsection (e) of section six hundred ninety-seven,
subsection (a) of section nine hundred ninety-four, subdivision (a) of
section eleven hundred forty-six, section twelve hundred eighty-seven,
SECTION TWELVE HUNDRED NINETY-SIX, subdivision (a) of section fourteen
hundred eighteen, subdivision (a) of section fifteen hundred eighteen,
subdivision (a) of section fifteen hundred fifty-five of this chapter,
and subdivision (e) of section 11-1797 of the administrative code of the
city of New York shall be guilty of a misdemeanor.
§ 19. 1. For purposes of this section, transportation network company
shall mean a transportation network company as defined by article
forty-four-B of the vehicle and traffic law.
2. There is hereby established the New York State Transportation
Network Company Accessibility Task Force to analyze and advise on how to
maximize effective and integrated transportation services for persons
with disabilities in the transportation network company market. The New
York State Transportation Network Company Accessibility Task Force shall
consist of eleven members. Two members of the New York State Transporta-
tion Network Company Accessibility Task Force shall be appointed by the
speaker of the assembly. Two members of the New York State Transporta-
tion Network Company Accessibility Task Force shall be appointed by the
temporary president of the senate. Seven members of the New York State
Transportation Network Company Accessibility Task Force shall be
appointed by the governor and shall include, but not be limited to, two
representatives of groups who serve persons with disabilities and two
representatives from a transportation network company. The governor
shall designate two chairpersons to the New York State Transportation
Network Company Accessibility Task Force.
3. The New York State Transportation Network Company Accessibility
Task Force shall study the demand responsive transportation marketplace
and shall, in addition to any responsibilities assigned by the governor:
(a) conduct a needs assessment concerning the demand for demand respon-
sive accessible transportation; (b) conduct a resource assessment
concerning the availability of accessible demand responsive transporta-
tion services for persons with disabilities; (c) identify opportunities
for, and barriers to, increasing accessible demand responsive transpor-
tation service for persons with mobility disabilities; (d) propose stra-
tegies for increasing accessible demand responsive transportation
service for persons with disabilities; and (e) any other issues deter-
mined important to the task force in establishing a recommendation
pursuant to subdivision five of this section.
4. The New York State Transportation Network Company Accessibility
Task Force shall hold public hearings and provide an opportunity for
public comment on the activities described in subdivision two of this
section.
5. The New York State Transportation Network Company Accessibility
Task Force shall complete a report addressing the activities described
in subdivision two of this section and make a recommendation, supported
by such activities, recommending the amount of accessibility necessary
for adequate transportation for disabled passengers in order to utilize
transportation network companies and present such findings at a public
meeting where its members shall accept such report, pursuant to majority
vote of the task force, and present such report to the governor, the
speaker of the assembly and the temporary president of the senate, and
make such report publicly available for review.
S. 1264 30
6. Upon making the report described in subdivision five of this
section, the New York State Transportation Network Company Accessibility
Task Force shall be deemed dissolved.
§ 20. Severability clause. If any provision of this act or the appli-
cation thereof is held invalid, such invalidity shall not affect other
provisions or applications of this act which can be given effect without
the invalid provision or application, and to this end the provisions of
this act are declared to be severable.
§ 21. Each agency that is designated to perform any function or duty
pursuant to this act shall be authorized to establish rules and regu-
lations for the administration and execution of such authority in a
manner consistent with the provisions of this act and for the protection
of the public, health, safety and welfare of persons within this state.
§ 22. This act shall take effect on the ninetieth day after it shall
have become a law; provided that the amendments to subdivision 1 of
section 171-a of the tax law made by section fourteen of this act shall
not affect the expiration of such subdivision and shall expire there-
with, pursuant to section 12 of chapter 90 of the laws of 2014, as
amended, when upon such date the provisions of section fourteen-a of
this act shall take effect.
