The New York State Senate

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

                                  4159

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 3, 2017
                               ___________

Introduced  by Sens. SEWARD, FUNKE, JACOBS, O'MARA, RANZENHOFER, VALESKY
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules

AN ACT to amend the vehicle and traffic  law,  the  insurance  law,  the
  executive law and the tax law, in relation to the regulation of trans-
  portation  network  company  services; to establish the New York State
  TNC Accessibility Task Force; and to amend the state finance  law,  in
  relation to establishing the local transit assistance fund

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

  Section 1. Legislative intent. The purpose of this act  is  to  ensure
the   safety,  reliability,  and  cost-effectiveness  of  transportation
network company (TNC) services within the  state  of  New  York  and  to
preserve  and  enhance  access to these important transportation options
for residents and visitors to the state.
  § 2. The vehicle and traffic law is amended by adding  a  new  article
44-B to read as follows:
                              ARTICLE 44-B
                 TRANSPORTATION NETWORK COMPANY SERVICES
SECTION 1691. DEFINITIONS.
        1692. GENERAL PROVISIONS.
        1693. FINANCIAL  RESPONSIBILITY OF TRANSPORTATION NETWORK COMPA-
                NIES.
        1694. DISCLOSURES.
        1695. INSURANCE PROVISIONS.
        1696. DRIVER AND VEHICLE REQUIREMENTS.
        1697. MAINTENANCE OF RECORDS.
        1698. AUDIT PROCEDURES; CONFIDENTIALITY OF RECORDS.
        1699. CRIMINAL  HISTORY  BACKGROUND  CHECK   OF   TRANSPORTATION
                NETWORK COMPANY DRIVERS.
        1700. CONTROLLING AUTHORITY.

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

                                                           LBD09750-02-7

S. 4159                             2

  §  1691.  DEFINITIONS.  AS  USED  IN  THIS ARTICLE: 1. "TRANSPORTATION
NETWORK COMPANY VEHICLE" OR "TNC VEHICLE" MEANS A VEHICLE THAT IS:
  (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

S. 4159                             3

  (C) ENDING WHEN THE LAST REQUESTING PASSENGER  DEPARTS  FROM  THE  TNC
VEHICLE.
  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

S. 4159                             4

  (B) WHILE THE TNC DRIVER IS ENGAGED IN A TNC PREARRANGED TRIP.
  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.

S. 4159                             5

  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-
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. 4159                             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. 4159                             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. 4159                             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. 4159                             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. 4159                            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. 4159                            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, VILLAGE OR AIRPORT TO ADOPT OR  AMEND  GENERALLY  APPLICABLE
LIMITATIONS OR RESTRICTIONS RELATING TO LOCAL TRAFFIC OR PARKING CONTROL
AS  AUTHORIZED  BY  STATE  LAW; OR (B) TO PREEMPT ANY RECIPROCITY AGREE-
MENTS, INCLUDING  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 EIGHT-
Y-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. 4159                            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. 4159                            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. 4159                            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. 4159                            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. 4159                            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. 4159                            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. 4159                            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. 4159                            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. 4159                            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] ELEVEN directors, [five] SIX of whom shall  be  selected  by  the
black  car  assistance corporation; [three] FIVE 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 TRANSPOR-
TATION 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 serv-

S. 4159                            21

ing for 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 [subsequent] terms of all directors other than the  secre-
tary  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
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

S. 4159                            22

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
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:

S. 4159                            23

  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-
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

S. 4159                            24

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
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

S. 4159                            25

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.
  §  1292.  IMPOSITION.  THERE  IS  HEREBY  IMPOSED ON EVERY TNC A STATE
ASSESSMENT FEE OF TWO PERCENT OF THE GROSS TRIP FARE OF EVERY TNC PREAR-
RANGED 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

S. 4159                            26

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
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

S. 4159                            27

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
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-

S. 4159                            28

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,  FIFTY  PERCENT  SHALL  BE DEPOSITED TO THE CREDIT OF THE
DEDICATED HIGHWAY AND BRIDGE TRUST FUND AS DEFINED  IN  SECTION  EIGHTY-
NINE-B  OF THE STATE FINANCE LAW AND FIFTY PERCENT SHALL BE DEPOSITED TO
THE CREDIT OF THE LOCAL TRANSIT ASSISTANCE FUND ESTABLISHED  IN  SECTION
EIGHTY-NINE-I OF THE STATE FINANCE LAW.
  §  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
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,

S. 4159                            29

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.
  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. The state finance law is amended by adding a new section 89-i to
read as follows:
  §  89-I. LOCAL TRANSIT ASSISTANCE FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "LOCAL TRANSIT ASSISTANCE

S. 4159                            30

FUND".  MONEYS  IN THE LOCAL TRANSIT ASSISTANCE FUND SHALL BE KEPT SEPA-
RATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY  OTHER  MONEYS  IN  THE
JOINT  OR  SOLE  CUSTODY OF THE STATE COMPTROLLER OR THE COMMISSIONER OF
TAXATION AND FINANCE.
  2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
ACCOUNT  WITHIN  THE  LOCAL  TRANSIT  ASSISTANCE  FUND:  NON-MTA TRANSIT
ASSISTANCE ACCOUNT.
  3. THE LOCAL TRANSIT ASSISTANCE FUND SHALL CONSIST OF MONIES COLLECTED
THEREFORE OR CREDITED  OR  TRANSFERRED  THERETO  FROM  NAY  OTHER  FUND,
ACCOUNT,  OR  SOURCE,  INCLUDING  A PORTION OF THE REVENUES DERIVED FROM
ARTICLE TWENTY-NINE-B OF THE TAX LAW PURSUANT TO SECTION TWELVE  HUNDRED
NINETY-EIGHT OF THE TAX LAW. ANY INTEREST RECEIVED BY THE COMPTROLLER ON
MONIES ON DEPOSIT IN THE LOCAL TRANSIT ASSISTANCE FUND SHALL BE RETAINED
IN AND BECOME PART OF SUCH FUND.
  4. MONIES IN THE LOCAL TRANSIT ASSISTANCE FUND SHALL, FOLLOWING APPRO-
PRIATION  BY  THE  LEGISLATURE, BE DISTRIBUTED TO EACH COUNTY NOT WHOLLY
CONTAINED WITHIN A CITY WITH A POPULATION OF A MILLION  OR  MORE.    THE
FUNDING  DIRECTED TO THE COUNTIES SHALL BE DISTRIBUTED TO EACH COUNTY IN
THE SAME PROPORTION AS THE REVENUE GENERATED BY EACH COUNTY  UNDER  THIS
ARTICLE AND SHALL ONLY BE USED BY THE COUNTIES FOR TRANSIT PROGRAMS.
  5.  ALL PAYMENTS OF MONEY FROM THE LOCAL TRANSIT ASSISTANCE FUND SHALL
BE MADE ON THE AUDIT AND WARRANT OF THE COMPTROLLER.
  § 21. 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.
  §  22.  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.
  § 23. 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.