S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1264
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  SEWARD -- 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;  and  to establish the New York
   State TNC Accessibility Task Force
 
   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.
   § 1691. DEFINITIONS. AS  USED  IN  THIS  ARTICLE:  1.  "TRANSPORTATION
 NETWORK COMPANY VEHICLE" OR "TNC VEHICLE" MEANS A VEHICLE THAT IS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07663-02-7

 S. 1264                             2
 
   (A)  USED  BY A TRANSPORTATION NETWORK COMPANY DRIVER TO PROVIDE A TNC
 PREARRANGED TRIP WITHIN THE STATE OF NEW YORK;
   (B)  OWNED,  LEASED OR OTHERWISE AUTHORIZED FOR USE BY THE TRANSPORTA-
 TION NETWORK COMPANY DRIVER AND SHALL NOT INCLUDE:
   (I) A TAXICAB, AS DEFINED IN SECTION ONE HUNDRED FORTY-EIGHT-A OF THIS
 CHAPTER AND SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
 YORK, OR AS OTHERWISE DEFINED IN LOCAL LAW;
   (II) A LIVERY VEHICLE, AS DEFINED IN SECTION ONE HUNDRED  TWENTY-ONE-E
 OF THIS CHAPTER, OR AS OTHERWISE DEFINED IN LOCAL LAW;
   (III)  A  BLACK  CAR,  LIMOUSINE,  OR  LUXURY LIMOUSINE, AS DEFINED IN
 SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, OR AS
 OTHERWISE DEFINED IN LOCAL LAW;
   (IV) A FOR-HIRE VEHICLE, AS DEFINED IN SECTION 19-502 OF THE  ADMINIS-
 TRATIVE  CODE  OF THE CITY OF NEW YORK, OR AS OTHERWISE DEFINED IN LOCAL
 LAW;
   (V) A BUS, AS DEFINED IN SECTION ONE HUNDRED FOUR OF THIS CHAPTER;
   (VI) ANY MOTOR VEHICLE WEIGHING MORE THAN SIX  THOUSAND  FIVE  HUNDRED
 POUNDS UNLOADED;
   (VII)  ANY  MOTOR VEHICLE HAVING A SEATING CAPACITY OF MORE THAN SEVEN
 PASSENGERS; AND
   (VIII) ANY MOTOR VEHICLE SUBJECT TO SECTION THREE HUNDRED  SEVENTY  OF
 THIS CHAPTER.
   2.  "DIGITAL  NETWORK" MEANS ANY SYSTEM OR SERVICE OFFERED OR UTILIZED
 BY A TRANSPORTATION NETWORK COMPANY THAT ENABLES TNC  PREARRANGED  TRIPS
 WITH TRANSPORTATION NETWORK COMPANY DRIVERS.
   3.  "TRANSPORTATION  NETWORK  COMPANY" OR "TNC" MEANS A PERSON, CORPO-
 RATION, PARTNERSHIP,  SOLE  PROPRIETORSHIP,  OR  OTHER  ENTITY  THAT  IS
 LICENSED  PURSUANT  TO  THIS  ARTICLE AND IS OPERATING IN NEW YORK STATE
 EXCLUSIVELY USING A DIGITAL NETWORK TO  CONNECT  TRANSPORTATION  NETWORK
 COMPANY PASSENGERS TO TRANSPORTATION NETWORK COMPANY DRIVERS WHO PROVIDE
 TNC PREARRANGED TRIPS.
   4.  "TRANSPORTATION  NETWORK  COMPANY DRIVER" OR "TNC DRIVER" MEANS AN
 INDIVIDUAL WHO:
   (A) RECEIVES CONNECTIONS TO POTENTIAL PASSENGERS AND RELATED  SERVICES
 FROM  A  TRANSPORTATION NETWORK COMPANY IN EXCHANGE FOR PAYMENT OF A FEE
 TO THE TRANSPORTATION NETWORK COMPANY; AND
   (B) USES A TNC VEHICLE TO OFFER OR PROVIDE A TNC PREARRANGED  TRIP  TO
 TRANSPORTATION  NETWORK  COMPANY  PASSENGERS  UPON  CONNECTION THROUGH A
 DIGITAL NETWORK  CONTROLLED  BY  A  TRANSPORTATION  NETWORK  COMPANY  IN
 EXCHANGE FOR COMPENSATION OR PAYMENT OF A FEE.
   5.  "TRANSPORTATION  NETWORK COMPANY PASSENGER" OR "PASSENGER" MEANS A
 PERSON OR PERSONS WHO USE A  TRANSPORTATION  NETWORK  COMPANY'S  DIGITAL
 NETWORK  TO  CONNECT  WITH  A  TRANSPORTATION NETWORK COMPANY DRIVER WHO
 PROVIDES TNC PREARRANGED TRIPS TO  THE  PASSENGER  IN  THE  TNC  VEHICLE
 BETWEEN POINTS CHOSEN BY THE PASSENGER.
   6.  "TNC  PREARRANGED TRIP" MEANS THE PROVISION OF TRANSPORTATION BY A
 TRANSPORTATION NETWORK COMPANY DRIVER TO A  PASSENGER  PROVIDED  THROUGH
 THE USE OF A TNC'S DIGITAL NETWORK:
   (A)  BEGINNING  WHEN A TRANSPORTATION NETWORK COMPANY DRIVER ACCEPTS A
 PASSENGER'S REQUEST FOR A TRIP THROUGH A DIGITAL NETWORK CONTROLLED BY A
 TRANSPORTATION NETWORK COMPANY;
   (B) CONTINUING WHILE THE TRANSPORTATION NETWORK COMPANY DRIVER  TRANS-
 PORTS THE REQUESTING PASSENGER IN A TNC VEHICLE; AND
   (C)  ENDING  WHEN  THE  LAST REQUESTING PASSENGER DEPARTS FROM THE TNC
 VEHICLE.

 S. 1264                             3

   7. "GROUP POLICY" MEANS AN INSURANCE POLICY ISSUED PURSUANT TO SECTION
 THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THE INSURANCE LAW.
   §  1692. GENERAL PROVISIONS.  1. A TNC OR A TNC DRIVER IS NOT A COMMON
 CARRIER, AS DEFINED IN SUBDIVISION SIX OF SECTION TWO OF THE TRANSPORTA-
 TION LAW; A CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE, AS  DEFINED
 IN SUBDIVISION NINE OF SECTION TWO OF THE TRANSPORTATION LAW; OR A MOTOR
 CARRIER,  AS  DEFINED  IN  SUBDIVISION  SEVENTEEN  OF SECTION TWO OF THE
 TRANSPORTATION LAW; NOR DO THEY  PROVIDE  TAXICAB  OR  FOR-HIRE  VEHICLE
 SERVICE.  MOREOVER,  A  TNC DRIVER SHALL NOT BE REQUIRED TO REGISTER THE
 TNC VEHICLE SUCH TNC DRIVER USES FOR TNC PREARRANGED TRIPS AS A  COMMER-
 CIAL OR FOR-HIRE VEHICLE, AS SET FORTH IN ARTICLE FOURTEEN OF THIS CHAP-
 TER.
   2. A TNC MAY NOT OPERATE IN THE STATE OF NEW YORK WITHOUT FIRST HAVING
 OBTAINED  A  LICENSE  ISSUED  BY THE DEPARTMENT IN A FORM AND MANNER AND
 WITH APPLICABLE FEES AS PROVIDED FOR BY REGULATIONS PROMULGATED  BY  THE
 COMMISSIONER.  AS  A  CONDITION  OF  OBTAINING A LICENSE, A TNC SHALL BE
 REQUIRED TO SUBMIT TO THE DEPARTMENT PROOF  OF  A  GROUP  POLICY  ISSUED
 PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THE INSUR-
 ANCE  LAW. FAILURE OF A TNC TO OBTAIN A LICENSE BEFORE OPERATION, PURSU-
 ANT TO THIS SUBDIVISION SHALL CONSTITUTE A MISDEMEANOR. NO LICENSE SHALL
 BE SUSPENDED OR REVOKED EXCEPT UPON NOTICE  TO  THE  TNC  AND  AFTER  AN
 OPPORTUNITY TO BE HEARD.
   3. A TNC MUST MAINTAIN AN AGENT FOR SERVICE OF PROCESS IN THE STATE OF
 NEW YORK.
   4. ON BEHALF OF A TNC DRIVER, A TNC MAY CHARGE A FARE FOR THE SERVICES
 PROVIDED  TO  PASSENGERS;  PROVIDED  THAT, IF A FARE IS COLLECTED FROM A
 PASSENGER, THE TNC SHALL DISCLOSE TO THE PASSENGERS  THE  FARE  OR  FARE
 CALCULATION METHOD ON ITS WEBSITE OR WITHIN THE APPLICATION SERVICE. THE
 TNC  SHALL  ALSO  PROVIDE THE PASSENGERS WITH THE APPLICABLE RATES BEING
 CHARGED AND AN ESTIMATED FARE BEFORE THE PASSENGER ENTERS THE TNC  VEHI-
 CLE.
   5.  A TNC'S DIGITAL NETWORK SHALL DISPLAY A PICTURE OF THE TNC DRIVER,
 AND THE MAKE, MODEL, COLOR AND LICENSE PLATE NUMBER OF THE  TNC  VEHICLE
 UTILIZED  FOR  PROVIDING  THE  TNC PREARRANGED TRIP BEFORE THE PASSENGER
 ENTERS THE TNC VEHICLE.
   6. WITHIN A REASONABLE PERIOD OF TIME FOLLOWING THE  COMPLETION  OF  A
 TRIP,  A  TNC  SHALL  TRANSMIT AN ELECTRONIC RECEIPT TO THE PASSENGER ON
 BEHALF OF THE TNC DRIVER THAT LISTS:
   (A) THE ORIGIN AND DESTINATION OF THE TRIP;
   (B) THE TOTAL TIME AND DISTANCE OF THE TRIP;
   (C) AN ITEMIZATION OF THE TOTAL FARE PAID, IF ANY; AND
   (D) A SEPARATE STATEMENT OF THE APPLICABLE TAXES.
   7. A TNC DRIVER SHALL NOT SOLICIT OR ACCEPT STREET HAILS.
   8. A TNC SHALL ADOPT A POLICY PROHIBITING SOLICITATION  OR  ACCEPTANCE
 OF CASH PAYMENTS FOR THE FARES CHARGED TO PASSENGERS FOR TNC PREARRANGED
 TRIPS  AND  NOTIFY  TNC  DRIVERS OF SUCH POLICY.   TNC DRIVERS SHALL NOT
 SOLICIT OR ACCEPT CASH PAYMENTS FROM PASSENGERS.
   9. NOTHING IN THIS ARTICLE SHALL APPLY TO CITIES WITH A POPULATION  OF
 ONE MILLION OR MORE.
   § 1693.  FINANCIAL RESPONSIBILITY OF TRANSPORTATION NETWORK COMPANIES.
 1. A TNC DRIVER, OR TNC ON THE TNC DRIVER'S BEHALF THROUGH A GROUP POLI-
 CY,  SHALL  MAINTAIN  INSURANCE THAT RECOGNIZES THAT THE DRIVER IS A TNC
 DRIVER AND PROVIDES FINANCIAL RESPONSIBILITY COVERAGE:
   (A) WHILE THE TNC DRIVER IS LOGGED ONTO THE TNC'S DIGITAL NETWORK; AND
   (B) WHILE THE TNC DRIVER IS ENGAGED IN A TNC PREARRANGED TRIP.

 S. 1264                             4

   2. (A) THE FOLLOWING  AUTOMOBILE  FINANCIAL  RESPONSIBILITY  INSURANCE
 REQUIREMENTS  SHALL  APPLY  WHILE  A TNC DRIVER IS LOGGED ONTO THE TNC'S
 DIGITAL NETWORK AND IS AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS  BUT
 IS  NOT  ENGAGED  IN A TNC PREARRANGED TRIP: INSURANCE AGAINST LOSS FROM
 THE LIABILITY IMPOSED BY LAW FOR DAMAGES, INCLUDING DAMAGES FOR CARE AND
 LOSS  OF  SERVICES,  BECAUSE OF BODILY INJURY TO OR DEATH OF ANY PERSON,
 AND INJURY TO OR DESTRUCTION OF PROPERTY ARISING OUT OF  THE  OWNERSHIP,
 MAINTENANCE,  USE  OR OPERATION OF A PERSONAL VEHICLE OR VEHICLES WITHIN
 THIS STATE, OR ELSEWHERE IN THE UNITED STATES IN NORTH AMERICA OR  CANA-
 DA, SUBJECT TO A LIMIT, EXCLUSIVE OF INTEREST AND COSTS, WITH RESPECT TO
 EACH  SUCH  OCCURRENCE,  OF  AT  LEAST FIFTY THOUSAND DOLLARS BECAUSE OF
 BODILY INJURY TO OR DEATH OF ONE PERSON IN ANY ONE ACCIDENT AND, SUBJECT
 TO SAID LIMIT FOR ONE PERSON, TO A LIMIT OF AT LEAST ONE  HUNDRED  THOU-
 SAND DOLLARS BECAUSE OF BODILY INJURY TO OR DEATH OF TWO OR MORE PERSONS
 IN  ANY  ONE  ACCIDENT,  AND TO A LIMIT OF AT LEAST TWENTY-FIVE THOUSAND
 DOLLARS BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY
 ONE ACCIDENT PROVIDED, HOWEVER, THAT SUCH POLICY NEED NOT BE FOR A PERI-
 OD COTERMINOUS WITH THE REGISTRATION  PERIOD  OF  THE  PERSONAL  VEHICLE
 INSURED,  AND  COVERAGE  IN SATISFACTION OF THE FINANCIAL RESPONSIBILITY
 REQUIREMENTS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED TWENTY  OF
 THE  INSURANCE  LAW,  ARTICLE  FIFTY-ONE  OF THE INSURANCE LAW, AND SUCH
 OTHER REQUIREMENTS OR REGULATIONS THAT MAY APPLY  FOR  THE  PURPOSES  OF
 SATISFYING THE FINANCIAL RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE
 USE OR OPERATION OF A MOTOR VEHICLE.
   (B) THE COVERAGE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION MAY
 BE SATISFIED BY ANY OF THE FOLLOWING:
   (I) INSURANCE MAINTAINED BY THE TNC DRIVER; OR
   (II)  INSURANCE PROVIDED THROUGH A GROUP POLICY MAINTAINED BY THE TNC;
 OR
   (III) A COMBINATION OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH.
   3. (A) THE FOLLOWING  AUTOMOBILE  FINANCIAL  RESPONSIBILITY  INSURANCE
 REQUIREMENTS  SHALL  APPLY WHILE A TNC DRIVER IS ENGAGED IN A TNC PREAR-
 RANGED TRIP: INSURANCE AGAINST LOSS FROM THE LIABILITY  IMPOSED  BY  LAW
 FOR DAMAGES, INCLUDING DAMAGES FOR CARE AND LOSS OF SERVICES, BECAUSE OF
 BODILY INJURY TO OR DEATH OF ANY PERSON, AND INJURY TO OR DESTRUCTION OF
 PROPERTY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, USE, OR OPERATION OF
 A  SPECIFIC PERSONAL VEHICLE OR VEHICLES WITHIN THIS STATE, OR ELSEWHERE
 IN THE UNITED STATES IN NORTH AMERICA OR CANADA,  SUBJECT  TO  A  LIMIT,
 EXCLUSIVE  OF  INTEREST AND COSTS, WITH RESPECT TO EACH SUCH OCCURRENCE,
 OF AT LEAST ONE MILLION DOLLARS BECAUSE OF BODILY  INJURIES,  DEATH  AND
 PROPERTY  DAMAGE,  PROVIDED, HOWEVER, THAT SUCH POLICY NEED NOT BE FOR A
 PERIOD COTERMINOUS WITH THE REGISTRATION PERIOD OF THE PERSONAL  VEHICLE
 INSURED,  AND  COVERAGE  IN SATISFACTION OF THE FINANCIAL RESPONSIBILITY
 REQUIREMENTS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED TWENTY  OF
 THE  INSURANCE  LAW,  ARTICLE  FIFTY-ONE  OF THE INSURANCE LAW, AND SUCH
 OTHER REQUIREMENTS OR REGULATIONS THAT MAY APPLY  FOR  THE  PURPOSES  OF
 SATISFYING THE FINANCIAL RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE
 USE OR OPERATION OF A MOTOR VEHICLE.
   (B) THE COVERAGE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION MAY
 BE SATISFIED BY ANY OF THE FOLLOWING:
   (I) INSURANCE MAINTAINED BY THE TNC DRIVER; OR
   (II)  INSURANCE PROVIDED THROUGH A GROUP POLICY MAINTAINED BY THE TNC;
 OR
   (III) A COMBINATION OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH.
   4. A TNC SHALL, UPON ENTERING INTO A CONTRACTUAL AGREEMENT WITH A  TNC
 DRIVER,  PROVIDE  NOTICE TO THE TNC DRIVER THAT HE OR SHE MAY NEED ADDI-

 S. 1264                             5
 
 TIONAL INSURANCE COVERAGE INCLUDING MOTOR VEHICLE PHYSICAL DAMAGE COVER-
 AGE AS DESCRIBED IN PARAGRAPH NINETEEN OF SUBSECTION (A) OF SECTION  ONE
 THOUSAND  ONE  HUNDRED  THIRTEEN OF THE INSURANCE LAW IF THE TNC VEHICLE
 BEING  USED BY THE TNC DRIVER IS SUBJECT TO A LEASE OR LOAN. A TNC SHALL
 ALSO POST THIS NOTICE ON ITS WEBSITE IN A PROMINENT PLACE.
   5. IF INSURANCE MAINTAINED BY A TNC DRIVER  PURSUANT  TO  SUBDIVISIONS
 TWO  AND  THREE  OF  THIS  SECTION  HAS  LAPSED  OR DOES NOT PROVIDE THE
 REQUIRED COVERAGE, THEN THE GROUP  POLICY  MAINTAINED  BY  A  TNC  SHALL
 PROVIDE  THE  COVERAGE REQUIRED BY THIS SECTION BEGINNING WITH THE FIRST
 DOLLAR OF A CLAIM AND HAVE THE DUTY TO DEFEND SUCH CLAIM.
   6. COVERAGE UNDER A GROUP POLICY MAINTAINED BY THE TNC  SHALL  NOT  BE
 DEPENDENT ON THE DENIAL OF A CLAIM BY THE INSURER THAT ISSUED THE INSUR-
 ANCE  POLICY USED TO REGISTER THE TNC VEHICLE, NOR SHALL THAT INSURER BE
 REQUIRED TO FIRST DENY A CLAIM.
   7. INSURANCE REQUIRED BY THIS SECTION MAY BE PLACED  WITH  AN  INSURER
 AUTHORIZED  OR  ELIGIBLE  TO  WRITE INSURANCE IN THIS STATE AND SHALL BE
 ELIGIBLE FOR PLACEMENT BY AN EXCESS LINE BROKER PURSUANT TO SECTION  TWO
 THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW.
   8.  A  TNC DRIVER WHO, WHILE OPERATING A TNC VEHICLE WAS EITHER LOGGED
 ON TO THE TNC'S DIGITAL NETWORK AND AVAILABLE TO RECEIVE  TRANSPORTATION
 REQUESTS  BUT  NOT ENGAGED IN A TNC PREARRANGED TRIP OR WAS LOGGED ON TO
 THE TNC'S DIGITAL NETWORK AND WAS ENGAGED IN A TNC PREARRANGED TRIP, HAS
 IN EFFECT THE INSURANCE REQUIRED PURSUANT TO THIS ARTICLE AND SHALL  NOT
 BE  DEEMED TO BE IN VIOLATION OF ARTICLE SIX OF THIS CHAPTER DURING SUCH
 TIME THAT HE OR SHE WAS EITHER LOGGED ONTO THE THE TNC'S DIGITAL NETWORK
 AND AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT NOT  ENGAGED  IN  A
 TNC  PREARRANGED  TRIP OR WAS LOGGED ON TO THE TNC'S DIGITAL NETWORK AND
 WAS ENGAGED IN A TNC PREARRANGED TRIP.
   9. A TNC DRIVER SHALL CARRY PROOF OF COVERAGE SATISFYING  SUBDIVISIONS
 TWO AND THREE OF THIS SECTION WITH HIM OR HER AT ALL TIMES DURING HIS OR
 HER USE OR OPERATION OF A TNC VEHICLE IN CONNECTION WITH A TNC'S DIGITAL
 NETWORK. SUCH PROOF OF COVERAGE SHALL BE IN SUCH FORM AS THE COMMISSION-
 ER SHALL PRESCRIBE, WHICH MAY BE IN THE FORM OF AN INSURANCE IDENTIFICA-
 TION  CARD  AS  DEFINED IN SECTION THREE HUNDRED ELEVEN OF THIS CHAPTER.
 ANY INSURANCE IDENTIFICATION CARD ISSUED PURSUANT TO THE  PROVISIONS  OF
 THIS  ARTICLE  SHALL BE IN ADDITION TO THE INSURANCE IDENTIFICATION CARD
 REQUIRED PURSUANT TO ARTICLE SIX OF THIS CHAPTER, AND NOTHING  CONTAINED
 IN  THIS  ARTICLE  SHALL BE DEEMED TO SUPERSEDE THE REQUIREMENTS OF SUCH
 ARTICLE SIX. WHENEVER THE PRODUCTION OF AN INSURANCE IDENTIFICATION CARD
 IS REQUIRED BY LAW, A TNC DRIVER SHALL (A) PRODUCE THE  INSURANCE  IDEN-
 TIFICATION  CARD ISSUED PURSUANT TO ARTICLE SIX OF THIS CHAPTER AND, (B)
 IF SUCH DRIVER EITHER (I) WAS LOGGED ONTO THE TNC'S DIGITAL NETWORK  AND
 AVAILABLE  TO  RECEIVE  TRANSPORTATION REQUESTS BUT NOT ENGAGED IN A TNC
 PREARRANGED TRIP OR (II) WAS LOGGED ON TO THE TNC'S DIGITAL NETWORK  AND
 WAS  ENGAGED  IN  A TNC PREARRANGED TRIP, SUCH DRIVER SHALL ALSO PRODUCE
 THE INSURANCE IDENTIFICATION CARD REQUIRED PURSUANT TO THIS ARTICLE.
   10. THE SUPERINTENDENT OF FINANCIAL SERVICES IS  AUTHORIZED  TO  ISSUE
 SUCH RULES AND REGULATIONS NECESSARY TO IMPLEMENT THIS SECTION.
   11.  NOTHING  IN  THIS  SECTION  SHALL IMPOSE FINANCIAL RESPONSIBILITY
 REQUIREMENTS UPON ANY ENTITIES OPERATING AS VEHICLES FOR HIRE IN A  CITY
 WITH A POPULATION OF ONE MILLION OR MORE.
   §  1694.  DISCLOSURES.  A TNC SHALL DISCLOSE IN WRITING TO TNC DRIVERS
 THE FOLLOWING BEFORE THEY ARE ALLOWED TO ACCEPT  A  REQUEST  FOR  A  TNC
 PREARRANGED TRIP ON THE TNC'S DIGITAL NETWORK:

 S. 1264                             6
 
   1.  THE  INSURANCE  COVERAGE,  INCLUDING THE TYPES OF COVERAGE AND THE
 LIMITS FOR EACH COVERAGE, THAT THE TNC PROVIDES  WHILE  THE  TNC  DRIVER
 USES A TNC VEHICLE IN CONNECTION WITH A TNC'S DIGITAL NETWORK;
   2.  THAT  THE  TNC  DRIVER'S OWN AUTOMOBILE INSURANCE POLICY MIGHT NOT
 PROVIDE ANY COVERAGE WHILE THE TNC DRIVER IS  LOGGED  ON  TO  THE  TNC'S
 DIGITAL  NETWORK  AND IS AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS OR
 IS ENGAGED IN A TNC PREARRANGED TRIP, DEPENDING ON ITS TERMS; AND
   3. THAT, IF A TNC VEHICLE HAS A LIEN AGAINST IT,  THEN  THE  CONTINUED
 USE OF SUCH TNC VEHICLE BY ITS TNC DRIVER WITHOUT PHYSICAL DAMAGE COVER-
 AGE MAY VIOLATE THE TERMS OF THE CONTRACT WITH THE LIENHOLDER.
   §  1695.  INSURANCE PROVISIONS. 1.   INSURERS THAT WRITE MOTOR VEHICLE
 INSURANCE IN THIS STATE MAY, IN THE INSURANCE POLICY,  EXCLUDE  ANY  AND
 ALL COVERAGE AFFORDED UNDER THE POLICY ISSUED TO AN OWNER OR OPERATOR OF
 A  TNC  VEHICLE FOR ANY LOSS OR INJURY THAT OCCURS WHILE A TNC DRIVER IS
 LOGGED ON TO A TNC'S DIGITAL NETWORK OR WHILE A DRIVER PROVIDES A PREAR-
 RANGED TRIP, INCLUDING:
   (A) LIABILITY COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE;
   (B) COVERAGE PROVIDED PURSUANT TO ARTICLE FIFTY-ONE OF  THE  INSURANCE
 LAW;
   (C) UNINSURED AND UNDERINSURED MOTORIST COVERAGE; AND
   (D)  MOTOR  VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN PARAGRAPH
 NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED  THIRTEEN
 OF THE INSURANCE LAW.
   2.  SUCH  EXCLUSIONS SHALL APPLY NOTWITHSTANDING ANY REQUIREMENT UNDER
 THE LAW TO THE CONTRARY.  NOTHING IN THIS SECTION  IMPLIES  OR  REQUIRES
 THAT  AN  OWNER'S  POLICY  OF LIABILITY INSURANCE OR OTHER MOTOR VEHICLE
 INSURANCE POLICY PROVIDE COVERAGE WHILE THE TNC DRIVER IS LOGGED  ON  TO
 THE  TNC'S  DIGITAL  NETWORK,  WHILE  THE TNC DRIVER IS ENGAGED IN A TNC
 PREARRANGED TRIP OR WHILE THE TNC DRIVER OTHERWISE USES  OR  OPERATES  A
 TNC VEHICLE TO TRANSPORT PASSENGERS FOR COMPENSATION.
   3.  NOTHING  SHALL  BE  DEEMED  TO  PRECLUDE AN INSURER FROM PROVIDING
 PRIMARY, EXCESS, OR UMBRELLA COVERAGE FOR THE TNC DRIVER'S TNC  VEHICLE,
 IF IT CHOSE TO DO SO BY CONTRACT OR ENDORSEMENT.
   4.  MOTOR VEHICLE INSURERS THAT EXCLUDE THE COVERAGE DESCRIBED IN THIS
 ARTICLE SHALL HAVE NO DUTY TO DEFEND OR INDEMNIFY  ANY  CLAIM  EXPRESSLY
 EXCLUDED THEREUNDER.  NOTHING IN THIS ARTICLE SHALL BE DEEMED TO INVALI-
 DATE OR LIMIT AN EXCLUSION CONTAINED IN A POLICY INCLUDING ANY POLICY IN
 USE OR APPROVED FOR USE IN THIS STATE PRIOR TO THE EFFECTIVE DATE OF THE
 CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT ADDED THIS SECTION.
   5. A MOTOR VEHICLE INSURER THAT DEFENDS OR INDEMNIFIES A CLAIM AGAINST
 A TNC DRIVER THAT IS EXCLUDED UNDER THE TERMS OF ITS POLICY SHALL HAVE A
 RIGHT  OF CONTRIBUTION AGAINST OTHER INSURERS THAT PROVIDE MOTOR VEHICLE
 INSURANCE TO THE SAME DRIVER IN SATISFACTION OF  THE  COVERAGE  REQUIRE-
 MENTS  OF  THE  PROVISIONS  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND
 SEVENTEEN WHICH ADDED THIS ARTICLE AT THE TIME OF LOSS.
   6. IN A CLAIMS COVERAGE INVESTIGATION, A TNC AND  ANY  INSURER  POTEN-
 TIALLY  PROVIDING COVERAGE UNDER THIS ARTICLE SHALL, WITHIN FIFTEEN DAYS
 AFTER A CLAIM HAS BEEN FILED, FACILITATE THE EXCHANGE OF RELEVANT INFOR-
 MATION WITH DIRECTLY INVOLVED PARTIES AND ANY INSURER OF THE TNC  DRIVER
 IF  APPLICABLE,  INCLUDING THE PRECISE TIMES THAT A TNC DRIVER LOGGED ON
 AND OFF OF THE TNC'S DIGITAL NETWORK IN THE  TWELVE  HOUR  PERIOD  IMME-
 DIATELY  PRECEDING  AND  IN THE TWELVE HOUR PERIOD IMMEDIATELY FOLLOWING
 THE ACCIDENT AND DISCLOSE TO ONE ANOTHER  A  CLEAR  DESCRIPTION  OF  THE
 COVERAGE,  EXCLUSIONS AND LIMITS PROVIDED UNDER ANY MOTOR VEHICLE INSUR-
 ANCE MAINTAINED UNDER THIS ARTICLE.

 S. 1264                             7
 
   7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS FOR THE PROVISION  OF
 RELEVANT  INSURANCE COVERAGE INFORMATION REQUIRED BY THIS ARTICLE TO THE
 FOLLOWING PERSONS UPON REQUEST:
   (A)  A  PERSON  TO WHOM AN ACCIDENT REPORT PERTAINS OR WHO IS NAMED IN
 SUCH REPORT, OR HIS OR HER AUTHORIZED REPRESENTATIVE; AND
   (B) ANY OTHER PERSON OR HIS OR HER AUTHORIZED REPRESENTATIVE  WHO  HAS
 DEMONSTRATED TO THE SATISFACTION OF THE COMMISSIONER THAT SUCH PERSON IS
 OR MAY BE A PARTY TO A CIVIL ACTION ARISING OUT OF THE CONDUCT DESCRIBED
 IN SUCH ACCIDENT REPORT.
   § 1696. DRIVER AND VEHICLE REQUIREMENTS. 1. (A) AT ALL TIMES, AN INDI-
 VIDUAL ACTING AS A TNC DRIVER SHALL BE PERMITTED BY THE TNC AS FOLLOWS:
   (I) THE INDIVIDUAL SHALL SUBMIT AN APPLICATION TO THE TNC, WHICH SHALL
 INCLUDE INFORMATION REGARDING HIS OR HER ADDRESS, AGE, DRIVER'S LICENSE,
 MOTOR  VEHICLE  REGISTRATION,  AUTOMOBILE LIABILITY INSURANCE, AND OTHER
 INFORMATION REQUIRED BY THE TNC;
   (II) THE TNC SHALL CONDUCT A CRIMINAL BACKGROUND CHECK FOR EACH APPLI-
 CANT IN ACCORDANCE WITH SECTION  SIXTEEN  HUNDRED  NINETY-NINE  OF  THIS
 ARTICLE AND THAT SHALL REVIEW:
   (A) WHETHER THE APPLICANT IS LISTED ON THE NEW YORK STATE SEX OFFENDER
 REGISTRY PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW; AND
   (B) THE NATIONAL SEX OFFENDER REGISTRY MAINTAINED BY THE UNITED STATES
 DEPARTMENT OF JUSTICE;
   (III)  THE  TNC  SHALL OBTAIN AND REVIEW, OR HAVE A THIRD PARTY OBTAIN
 AND REVIEW, A DRIVING HISTORY RESEARCH REPORT FOR SUCH INDIVIDUAL.
   (B) THE TNC SHALL NOT PERMIT AN APPLICANT WHERE SUCH APPLICANT:
   (I) FAILS TO MEET  ALL  QUALIFICATIONS  PURSUANT  TO  SECTION  SIXTEEN
 HUNDRED NINETY-NINE OF THIS ARTICLE;
   (II)  IS  A  MATCH IN THE UNITED STATES DEPARTMENT OF JUSTICE NATIONAL
 SEX OFFENDER PUBLIC WEBSITE;
   (III) DOES NOT POSSESS A VALID NEW YORK DRIVER'S LICENSE, UNLESS  SUCH
 APPLICANT  DOES  POSSESS A VALID OUT OF STATE DRIVER'S LICENSE AND PROOF
 THAT SUCH APPLICANT IS AN ACTIVE DUTY MEMBER OF THE  ARMED  SERVICES  OF
 THE  UNITED  STATES  STATIONED IN THIS STATE OR IS A FAMILY OR HOUSEHOLD
 MEMBER OF SUCH AN ACTIVE DUTY MEMBER;
   (IV) DOES NOT POSSESS PROOF OF REGISTRATION FOR THE  MOTOR  VEHICLE(S)
 USED TO PROVIDE TNC PREARRANGED TRIPS;
   (V)  DOES  NOT POSSESS PROOF OF AUTOMOBILE LIABILITY INSURANCE FOR THE
 MOTOR VEHICLE(S) USED TO PROVIDE TNC PREARRANGED TRIPS AS A TNC VEHICLE;
 OR
   (VI) IS NOT AT LEAST NINETEEN YEARS OF AGE.
   (C) UPON REVIEW OF ALL INFORMATION RECEIVED AND RETAINED  BY  THE  TNC
 AND  UPON  VERIFYING THAT THE INDIVIDUAL IS NOT DISQUALIFIED PURSUANT TO
 THIS SECTION FROM RECEIVING A TNC DRIVER PERMIT, A TNC MAY ISSUE  A  TNC
 DRIVER  PERMIT  TO  THE  APPLICANT. THE TNC SHALL REVIEW ALL INFORMATION
 RECEIVED RELATING TO SUCH APPLICANT AND HOLD SUCH  INFORMATION  FOR  SIX
 YEARS  ALONG  WITH  A  CERTIFICATION  THAT  SUCH  APPLICANT QUALIFIES TO
 RECEIVE A TNC DRIVER PERMIT.
   (D) (I) A TNC THAT ISSUES A  TNC  DRIVER'S  PERMIT  PURSUANT  TO  THIS
 SECTION  SHALL  PARTICIPATE  IN  THE NEW YORK LICENSE EVENT NOTIFICATION
 SERVICE (LENS) ESTABLISHED BY THE DEPARTMENT  TO  OBTAIN  TIMELY  NOTICE
 WHEN ANY OF THE FOLLOWING VIOLATIONS ARE ADDED TO A TNC DRIVER'S DRIVING
 RECORD:
   (A)  UNLAWFUL FLEEING A POLICE OFFICER IN A MOTOR VEHICLE IN VIOLATION
 OF SECTIONS 270.35, 270.30 OR 270.25 OF THE PENAL LAW;
   (B) RECKLESS DRIVING IN VIOLATION OF SECTION ONE THOUSAND TWO  HUNDRED
 TWELVE OF THIS CHAPTER;

 S. 1264                             8
 
   (C)  OPERATING  WHILE  LICENSE OR PRIVILEGE IS SUSPENDED OR REVOKED IN
 VIOLATION OF SECTION FIVE HUNDRED  ELEVEN  OF  THIS  CHAPTER,  EXCLUDING
 SUBDIVISION SEVEN OF SUCH SECTION;
   (D)  OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR
 DRUGS IN VIOLATION OF SECTION ONE THOUSAND  ONE  HUNDRED  NINETY-TWO  OF
 THIS CHAPTER; AND
   (E) LEAVING THE SCENE OF AN INCIDENT WITHOUT REPORTING IN VIOLATION OF
 SUBDIVISION TWO OF SECTION SIX HUNDRED OF THIS CHAPTER.
   (E)  NO  PERSON SHALL OPERATE A TNC VEHICLE OR OPERATE AS A TNC DRIVER
 UNLESS SUCH PERSON HOLDS A VALID TNC DRIVER PERMIT  ISSUED  PURSUANT  TO
 THIS  SECTION.  A VIOLATION OF THIS PARAGRAPH SHALL BE A TRAFFIC INFRAC-
 TION PUNISHABLE BY A FINE OF NOT LESS THAN SEVENTY-FIVE  NOR  MORE  THAN
 THREE  HUNDRED  DOLLARS,  OR  BY  IMPRISONMENT FOR NOT MORE THAN FIFTEEN
 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   2. A TNC SHALL IMPLEMENT A ZERO-TOLERANCE POLICY REGARDING A TNC DRIV-
 ER'S ACTIVITIES WHILE ACCESSING THE TNC'S DIGITAL NETWORK.  SUCH  POLICY
 SHALL  ADDRESS  THE  ISSUE OF OPERATING A VEHICLE UNDER THE INFLUENCE OF
 ALCOHOL OR DRUGS WHILE A TNC DRIVER IS PROVIDING TNC  PREARRANGED  TRIPS
 OR  IS  LOGGED  ONTO  THE TNC'S DIGITAL NETWORK BUT IS NOT PROVIDING TNC
 PREARRANGED TRIPS, AND THE TNC SHALL PROVIDE NOTICE OF  THIS  POLICY  ON
 ITS DIGITAL NETWORK, AS WELL AS PROCEDURES TO REPORT A COMPLAINT ABOUT A
 TNC  DRIVER  WITH WHOM A TNC PREARRANGED TRIP WAS COMMENCED AND WHOM THE
 PASSENGER REASONABLY SUSPECTS WAS OPERATING A VEHICLE UNDER  THE  INFLU-
 ENCE OF ALCOHOL OR DRUGS DURING THE COURSE OF THE TNC PREARRANGED TRIP.
   3.  (A)  A TNC SHALL ADOPT A POLICY OF NON-DISCRIMINATION ON THE BASIS
 OF DESTINATION, RACE, COLOR, NATIONAL ORIGIN, RELIGIOUS BELIEF, PRACTICE
 OR AFFILIATION, SEX, DISABILITY, AGE, SEXUAL ORIENTATION, GENDER IDENTI-
 TY, OR GENETIC PREDISPOSITION WITH RESPECT TO PASSENGERS  AND  POTENTIAL
 PASSENGERS AND NOTIFY TNC DRIVERS OF SUCH POLICY.
   (B)  TNC  DRIVERS SHALL COMPLY WITH ALL APPLICABLE LAWS REGARDING NON-
 DISCRIMINATION AGAINST PASSENGERS OR POTENTIAL PASSENGERS ON  THE  BASIS
 OF DESTINATION, RACE, COLOR, NATIONAL ORIGIN, RELIGIOUS BELIEF, PRACTICE
 OR AFFILIATION, SEX, DISABILITY, AGE, SEXUAL ORIENTATION, GENDER IDENTI-
 TY,  OR  GENETIC PREDISPOSITION WITH RESPECT TO PASSENGERS AND POTENTIAL
 PASSENGERS AND NOTIFY TNC DRIVERS OF SUCH POLICY.
   (C) TNC DRIVERS SHALL COMPLY WITH  ALL  APPLICABLE  LAWS  RELATING  TO
 ACCOMMODATION OF SERVICE ANIMALS.
   (D)  A TNC SHALL IMPLEMENT AND MAINTAIN A POLICY OF PROVIDING ACCESSI-
 BILITY TO PASSENGERS OR  POTENTIAL  PASSENGERS  WITH  A  DISABILITY  AND
 ACCOMMODATION  OF SERVICE ANIMALS AS SUCH TERM IS DEFINED IN SECTION ONE
 HUNDRED TWENTY-THREE-B OF THE AGRICULTURE AND MARKETS LAW AND  SHALL  TO
 THE  EXTENT PRACTICABLE ADOPT FINDINGS ESTABLISHED BY THE NEW YORK STATE
 TNC ACCESSIBILITY TASK FORCE ADOPTED PURSUANT TO SECTION NINETEEN OF THE
 CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN THAT ADDED  THIS  SECTION.
 A  TNC  SHALL  NOT  IMPOSE  ADDITIONAL CHARGES FOR PROVIDING SERVICES TO
 PERSONS WITH PHYSICAL DISABILITIES BECAUSE OF THOSE DISABILITIES.
   (E) THE NEW YORK STATE DIVISION OF HUMAN RIGHTS SHALL BE AUTHORIZED TO
 ACCEPT, REVIEW AND INVESTIGATE ANY POTENTIAL  OR  ACTUAL  VIOLATIONS  OF
 THIS  SUBDIVISION  IN  A FORM AND MANNER CONSISTENT WITH AUTHORITY UNDER
 ARTICLE FIFTEEN OF THE EXECUTIVE LAW AND SHALL  NOTIFY  THE  DEPARTMENT,
 UPON A FINDING OF A VIOLATION, FOR PURPOSES OF PERMIT SUSPENSION.
   4.  A  TNC  SHALL  REQUIRE THAT ANY MOTOR VEHICLE(S) THAT A TNC DRIVER
 WILL USE AS A TNC VEHICLE TO PROVIDE TNC PREARRANGED TRIPS MEETS  APPLI-
 CABLE  NEW  YORK STATE VEHICLE SAFETY AND EMISSIONS REQUIREMENTS, AS SET
 FORTH IN SECTION THREE HUNDRED ONE OF THIS CHAPTER, OR THE VEHICLE SAFE-

 S. 1264                             9

 TY AND EMISSIONS REQUIREMENTS OF THE  STATE  IN  WHICH  THE  VEHICLE  IS
 REGISTERED.
   5. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ENSURE THAT EACH TNC
 VEHICLE  IS EASILY IDENTIFIED AS SUCH AND THAT THE TNC FOR WHICH THE TNC
 DRIVER IS PROVIDING THE TNC SERVICE OR TNC PREARRANGED TRIP  IS  DISTIN-
 GUISHABLE.  SUCH DEMARCATION SHALL BE IN SUCH FORM AS IS APPROVED BY THE
 COMMISSIONER, AND SHALL BE ATTACHED, AFFIXED OR DISPLAYED IN SUCH MANNER
 AS HE OR SHE MAY PRESCRIBE BY REGULATION.
   § 1697. MAINTENANCE OF RECORDS. A TNC  SHALL  MAINTAIN  THE  FOLLOWING
 RECORDS:
   1.  INDIVIDUAL  TRIP RECORDS FOR AT LEAST SIX YEARS FROM THE DATE EACH
 TRIP WAS PROVIDED; AND
   2. INDIVIDUAL RECORDS OF TNC DRIVERS AT LEAST UNTIL THE SIX YEAR ANNI-
 VERSARY OF THE DATE ON WHICH A TNC DRIVER'S RELATIONSHIP  WITH  THE  TNC
 HAS ENDED.
   §  1698. AUDIT PROCEDURES; CONFIDENTIALITY OF RECORDS. 1. FOR THE SOLE
 PURPOSE OF VERIFYING THAT A TNC IS IN COMPLIANCE WITH  THE  REQUIREMENTS
 OF  THIS  ARTICLE  AND  NO  MORE  THAN  BIANNUALLY, THE DEPARTMENT SHALL
 RESERVE THE RIGHT TO VISUALLY INSPECT A SAMPLE OF RECORDS THAT  THE  TNC
 IS  REQUIRED  TO  MAINTAIN, UPON REQUEST BY THE DEPARTMENT THAT SHALL BE
 FULFILLED IN NO LESS THAN TEN BUSINESS DAYS BY THE TNC. THE SAMPLE SHALL
 BE CHOSEN RANDOMLY BY THE DEPARTMENT  IN  A  MANNER  AGREEABLE  TO  BOTH
 PARTIES. THE AUDIT SHALL TAKE PLACE AT A MUTUALLY AGREED LOCATION IN NEW
 YORK.  ANY  RECORD  FURNISHED  TO THE DEPARTMENT MAY EXCLUDE INFORMATION
 THAT WOULD TEND TO IDENTIFY SPECIFIC DRIVERS OR PASSENGERS.
   2. (A) THE DEPARTMENT SHALL ESTABLISH REGULATIONS FOR  THE  FILING  OF
 COMPLAINTS AGAINST ANY TNC DRIVER OR TNC PURSUANT TO THIS SECTION.
   (B) IN RESPONSE TO A SPECIFIC COMPLAINT AGAINST ANY TNC DRIVER OR TNC,
 THE DEPARTMENT IS AUTHORIZED TO INSPECT RECORDS HELD BY THE TNC THAT ARE
 NECESSARY  TO  INVESTIGATE  AND RESOLVE THE COMPLAINT.   THE TNC AND THE
 DEPARTMENT SHALL ENDEAVOR TO HAVE THE INSPECTION TAKE PLACE AT A MUTUAL-
 LY AGREED LOCATION IN NEW YORK. ANY RECORD FURNISHED TO  THE  DEPARTMENT
 MAY  EXCLUDE INFORMATION THAT WOULD TEND TO IDENTIFY SPECIFIC DRIVERS OR
 PASSENGERS, UNLESS THE IDENTITY OF A DRIVER OR PASSENGER IS RELEVANT  TO
 THE COMPLAINT.
   3.  THE  DEPARTMENT  SHALL  PROMULGATE  REGULATIONS  FOR THE FILING OF
 COMPLAINTS PURSUANT TO THIS SECTION.
   § 1699. CRIMINAL HISTORY BACKGROUND CHECK  OF  TRANSPORTATION  NETWORK
 COMPANY  DRIVERS.  1.  A  TRANSPORTATION NETWORK COMPANY SHALL CONDUCT A
 CRIMINAL HISTORY BACKGROUND CHECK USING A LAWFUL METHOD APPROVED BY  THE
 DEPARTMENT  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
 FOR PERSONS APPLYING TO DRIVE FOR SUCH COMPANY.
   2. (A) THE METHOD USED TO CONDUCT A CRIMINAL HISTORY BACKGROUND  CHECK
 PURSUANT  TO  SUBDIVISION  ONE  OF  THIS SECTION SHALL BE ESTABLISHED IN
 REGULATIONS ADOPTED BY THE DEPARTMENT WITHIN 30 DAYS  OF  THE  EFFECTIVE
 DATE  OF THE CHAPTER OF THE LAWS OF 2017 THAT ADDED THIS SUBDIVISION. TO
 ENSURE SAFETY OF THE RIDERS AND THE PUBLIC SUCH REGULATIONS SHALL ESTAB-
 LISH THE METHOD USED TO CONDUCT SUCH BACKGROUND CHECKS AND ANY PROCESSES
 AND OPERATIONS NECESSARY TO COMPLETE SUCH CHECKS. THE REVIEW OF CRIMINAL
 HISTORY INFORMATION AND DETERMINATIONS ABOUT WHETHER OR NOT AN APPLICANT
 IS ISSUED A TNC DRIVER PERMIT SHALL BE CONTROLLED BY PARAGRAPHS (B), (C)
 AND (D) OF THIS SUBDIVISION.
   (B) AN APPLICANT SHALL BE DISQUALIFIED TO RECEIVE A TNC DRIVER  PERMIT
 WHERE HE OR SHE:
   (I)  STANDS  CONVICTED  IN THE LAST THREE YEARS OF: UNLAWFUL FLEEING A
 POLICE OFFICER IN A MOTOR  VEHICLE  IN  VIOLATION  OF  SECTIONS  270.35,

 S. 1264                            10
 
 270.30  OR  270.25  OF  THE  PENAL LAW, RECKLESS DRIVING IN VIOLATION OF
 SECTION TWO THOUSAND TWELVE OF THIS CHAPTER, OPERATING WHILE LICENSE  OR
 PRIVILEGE  IS  SUSPENDED OR REVOKED IN VIOLATION OF SECTION FIVE HUNDRED
 ELEVEN  OF  THIS CHAPTER, EXCLUDING SUBDIVISION SEVEN OF SUCH SECTION, A
 MISDEMEANOR OFFENSE OF OPERATING A MOTOR VEHICLE WHILE UNDER THE  INFLU-
 ENCE  OF  ALCOHOL  OR  DRUGS  IN  VIOLATION  OF SECTION ONE THOUSAND ONE
 HUNDRED AND NINETY TWO OF THIS CHAPTER, OR LEAVING THE SCENE OF AN ACCI-
 DENT IN VIOLATION OF SUBDIVISION TWO OF  SECTION  SIX  HUNDRED  OF  THIS
 CHAPTER.  IN  CALCULATING THE THREE YEAR PERIOD UNDER THIS SUBPARAGRAPH,
 ANY PERIOD OF TIME DURING WHICH THE PERSON WAS  INCARCERATED  AFTER  THE
 COMMISSION  OF SUCH OFFENSE SHALL BE EXCLUDED AND SUCH THREE YEAR PERIOD
 SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SPENT  INCAR-
 CERATED; OR
   (II)  STANDS  CONVICTED  IN  THE  LAST  SEVEN  YEARS OF: A SEX OFFENSE
 DEFINED IN SUBDIVISION TWO OF SECTION 168-A OF  THE  CORRECTION  LAW,  A
 FELONY  OFFENSE  DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL
 LAW, A VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02 OF THE PENAL LAW,
 A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW, VEHICULAR ASSAULT  IN
 VIOLATION  OF SECTION 120.03, 120.04 OR SUBDIVISION (A) OF 120.04 OF THE
 PENAL LAW, A FELONY OFFENSE DEFINED IN SECTION ELEVEN HUNDRED NINETY-TWO
 OF THE VEHICLE AND TRAFFIC LAW, AN OFFENSE FOR WHICH REGISTRATION  AS  A
 SEX  OFFENDER  IS  REQUIRED  PURSUANT TO ARTICLE SIX-C OF THE CORRECTION
 LAW, OR ANY CONVICTION OF AN OFFENSE IN ANY OTHER JURISDICTION THAT  HAS
 ALL THE ESSENTIAL ELEMENTS OF AN OFFENSE LISTED IN THIS SUBPARAGRAPH. IN
 CALCULATING THE SEVEN YEAR PERIOD UNDER THIS SUBPARAGRAPH, ANY PERIOD OF
 TIME  DURING  WHICH  THE PERSON WAS INCARCERATED AFTER THE COMMISSION OF
 SUCH OFFENSE SHALL BE EXCLUDED AND  SUCH  SEVEN  YEAR  PERIOD  SHALL  BE
 EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SPENT INCARCERATED.
   (C) A CRIMINAL HISTORY RECORD THAT CONTAINS CRIMINAL CONVICTION INFOR-
 MATION  THAT  DOES NOT DISQUALIFY AN APPLICANT PURSUANT TO SUBPARAGRAPHS
 (I) OR (II) OF PARAGRAPH (B) OF THIS SUBDIVISION, SHALL BE REVIEWED  AND
 CONSIDERED  ACCORDING TO THE PROVISIONS OF ARTICLE TWENTY-THREE-A OF THE
 CORRECTION LAW AND SUBDIVISIONS  FIFTEEN  AND  SIXTEEN  OF  SECTION  TWO
 HUNDRED  NINETY-SIX  OF  THE EXECUTIVE LAW IN DETERMINING WHETHER OR NOT
 THE APPLICANT SHOULD BE ISSUED A TNC DRIVER'S PERMIT.
   (D) UPON RECEIPT OF CRIMINAL CONVICTION INFORMATION PURSUANT  TO  THIS
 SECTION  FOR  ANY  APPLICANT,  SUCH APPLICANT SHALL PROMPTLY BE PROVIDED
 WITH A COPY OF SUCH INFORMATION AS WELL AS A  COPY  OF  ARTICLE  TWENTY-
 THREE-A  OF THE CORRECTION LAW. SUCH APPLICANT SHALL ALSO BE INFORMED OF
 HIS OR HER  RIGHT  TO  SEEK  CORRECTION  OF  ANY  INCORRECT  INFORMATION
 CONTAINED  IN  SUCH  CRIMINAL  HISTORY INFORMATION PURSUANT TO THE REGU-
 LATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF  CRIMINAL  JUSTICE
 SERVICES.
   (E)  THE  DEPARTMENT  SHALL  PROMULGATE REGULATIONS FOR THE PURPOSE OF
 IMPLEMENTING THE PROVISIONS OF THIS SUBDIVISION.
   3. A TRANSPORTATION NETWORK COMPANY SHALL UPDATE THE CRIMINAL  HISTORY
 BACKGROUND CHECK YEARLY DURING THE PERIOD IN WHICH THE PERSON IS AUTHOR-
 IZED  TO  DRIVE  FOR THE COMPANY, HOWEVER, THE COMMISSIONER MAY REQUIRE,
 PURSUANT  TO  REGULATION,  MORE  FREQUENT  CRIMINAL  HISTORY  BACKGROUND
 CHECKS.
   4.  TO  ENSURE  SAFETY  OF THE RIDERS AND THE PUBLIC, A TRANSPORTATION
 NETWORK COMPANY SHALL BE RESPONSIBLE FOR ALL FEES  ASSOCIATED  WITH  THE
 CRIMINAL HISTORY CHECK PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   5.  ANY  TRANSPORTATION  NETWORK  COMPANY  FOUND  TO HAVE VIOLATED ANY
 REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION, SHALL  ON  THE  FIRST
 INSTANCE,  BE  SUBJECT  TO A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND

 S. 1264                            11
 
 DOLLARS. FOR ANY SUBSEQUENT INSTANCE WITHIN THE PERIOD OF TWO YEARS FROM
 ANY INITIAL VIOLATION, SUCH  TRANSPORTATION  NETWORK  COMPANY  SHALL  BE
 SUBJECT  TO  A CIVIL PENALTY OF NOT MORE THAN FIFTY THOUSAND DOLLARS, OR
 THE SUSPENSION OR REVOCATION OF ITS TNC LICENSE OR BOTH.
   §  1700. CONTROLLING AUTHORITY. 1. NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW, THE REGULATION OF TNCS AND TNC DRIVERS IS  GOVERNED  EXCLUSIVELY
 BY  THE  PROVISIONS OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN
 WHICH ADDED THIS SECTION AND ANY RULES PROMULGATED BY THE STATE  THROUGH
 ITS  AGENCIES  CONSISTENT  WITH  SUCH  CHAPTER. NO COUNTY, TOWN, CITY OR
 VILLAGE MAY ENACT A TAX OR ANY FEE OR OTHER SURCHARGE ON A  TNC,  A  TNC
 DRIVER,  OR  A  TNC  VEHICLE  USED BY A TNC DRIVER OR REQUIRE A LICENSE,
 PERMIT, OR ADDITIONAL INSURANCE COVERAGE OR  ANY  OTHER  LIMITATIONS  OR
 RESTRICTIONS, A TNC DRIVER, OR A TNC VEHICLE USED BY A TNC DRIVER, WHERE
 SUCH FEE, SURCHARGE, UNAUTHORIZED TAX, LICENSE, PERMIT, INSURANCE COVER-
 AGE, LIMITATION OR RESTRICTION, RELATES TO FACILITATING OR PROVIDING TNC
 PREARRANGED  TRIPS,  OR  SUBJECTS  A TNC, A TNC DRIVER, OR A TNC VEHICLE
 USED BY A TNC DRIVER TO OPERATIONAL, OR OTHER REQUIREMENTS.
   2. NOTHING IN THIS ARTICLE SHALL AUTHORIZE ANY TNC DRIVER TO PICK-UP A
 PASSENGER FOR PURPOSES OF A TNC PREARRANGED TRIP IN A CITY WITH A  POPU-
 LATION OF ONE MILLION OR MORE.
   3.  NOTHING  IN THIS ARTICLE SHALL; (A) LIMIT THE ABILITY OF A COUNTY,
 TOWN, CITY OR VILLAGE TO ADOPT OR AMEND GENERALLY APPLICABLE LIMITATIONS
 OR RESTRICTIONS RELATING TO LOCAL TRAFFIC OR PARKING CONTROL AS  AUTHOR-
 IZED BY STATE LAW; OR (B) TO PREEMPT ANY RECIPROCITY AGREEMENTS, INCLUD-
 ING  AGREEMENTS  ENTERED  INTO  PURSUANT TO SECTION FOUR HUNDRED NINETY-
 EIGHT OF THIS CHAPTER, BETWEEN A COUNTY,  TOWN,  CITY  OR  VILLAGE  THAT
 RELATES  TO  SERVICES REGULATED BY SECTION ONE HUNDRED EIGHTY-ONE OF THE
 GENERAL MUNICIPAL LAW.
   § 3. Section 370 of the vehicle and traffic law is amended by adding a
 new subdivision 8 to read as follows:
   8. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, AN  INDIVIDUAL
 SHALL  NOT BE DEEMED TO BE ENGAGED IN THE BUSINESS OF CARRYING OR TRANS-
 PORTING PASSENGERS FOR HIRE IF THE INDIVIDUAL DOES SO SOLELY AS A TRANS-
 PORTATION NETWORK COMPANY DRIVER IN ACCORDANCE WITH ARTICLE FORTY-FOUR-B
 OF THIS CHAPTER.
   § 4. Subdivision 1 of section 312-a of the vehicle and traffic law, as
 amended by chapter 781 of the laws  of  1983,  is  amended  to  read  as
 follows:
   1.  Upon issuance of an owner's policy of liability insurance or other
 financial security required by this chapter OR THE ARTICLE  FORTY-FOUR-B
 OF THIS CHAPTER, an insurer shall issue proof of insurance in accordance
 with  the  regulations promulgated by the commissioner pursuant to para-
 graph (b) of subdivision two of section three hundred thirteen  of  this
 article.
   § 4-a. Section 600 of the vehicle and traffic law, as amended by chap-
 ter 49 of the laws of 2005, is amended to read as follows:
   § 600. Leaving  scene  of  an  incident without reporting. 1. Property
 damage. a. Any person operating a motor vehicle who, knowing  or  having
 cause to know that damage has been caused to the real property or to the
 personal property, not including animals, of another, due to an incident
 involving  the motor vehicle operated by such person shall, before leav-
 ing the place where the  damage  occurred,  stop,  exhibit  his  or  her
 license  and  insurance  identification card for such vehicle, when such
 card is required pursuant to articles six and eight of this chapter, and
 give his or her name, residence, including street and number,  insurance
 carrier  and  insurance  identification  information  including  but not

 S. 1264                            12
 
 limited to the number and effective dates of said individual's insurance
 policy, and license number to the party sustaining  the  damage,  or  in
 case  the person sustaining the damage is not present at the place where
 the  damage  occurred  then  he  or she shall report the same as soon as
 physically able to the nearest police station, or judicial officer.   IN
 ADDITION  TO  THE FOREGOING, ANY SUCH PERSON SHALL ALSO: (I) PRODUCE THE
 PROOF OF INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE FORTY-FOUR-B OF
 THIS CHAPTER IF SUCH PERSON IS A TNC  DRIVER  OPERATING  A  TNC  VEHICLE
 WHILE  THE  INCIDENT  OCCURRED WHO WAS EITHER (A) LOGGED ON TO THE TNC'S
 DIGITAL NETWORK AND AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT NOT
 ENGAGED IN A TNC PREARRANGED TRIP OR (B) WAS  LOGGED  ON  TO  THE  TNC'S
 DIGITAL  NETWORK  AND  WAS  ENGAGED  IN A TNC PREARRANGED TRIP; AND (II)
 DISCLOSE WHETHER HE OR SHE, AT THE  TIME  SUCH  INCIDENT  OCCURRED,  WAS
 EITHER  (A)  LOGGED  ON  TO  THE  TNC'S DIGITAL NETWORK AND AVAILABLE TO
 RECEIVE TRANSPORTATION REQUESTS BUT NOT ENGAGED  IN  A  TNC  PREARRANGED
 TRIP  OR  (B) WAS LOGGED ON TO THE TNC'S DIGITAL NETWORK AND WAS ENGAGED
 IN A TNC PREARRANGED TRIP.
   b. It shall be the duty of any member of a law enforcement agency  who
 is  at  the scene of the accident to request the said operator or opera-
 tors of the motor vehicles, when physically  capable  of  doing  so,  to
 exchange  the  information required hereinabove and such member of a law
 enforcement agency shall assist such operator  or  operators  in  making
 such exchange of information in a reasonable and harmonious manner.
   A violation of the provisions of paragraph a of this subdivision shall
 constitute  a  traffic  infraction  punishable  by  a  fine of up to two
 hundred fifty dollars or a sentence of imprisonment for  up  to  fifteen
 days or both such fine and imprisonment.
   2.  Personal  injury.    a.  Any person operating a motor vehicle who,
 knowing or having cause to know that personal injury has been caused  to
 another  person, due to an incident involving the motor vehicle operated
 by such person shall, before leaving the place where the  said  personal
 injury  occurred,  stop,  exhibit his or her license and insurance iden-
 tification card for such vehicle, when such card is required pursuant to
 articles six and eight of this chapter, and give his or her name,  resi-
 dence,  including street and street number, insurance carrier and insur-
 ance identification information including but not limited to the  number
 and  effective  dates  of said individual's insurance policy and license
 number, to the injured party, if practical, and also to a  police  offi-
 cer,  or  in  the event that no police officer is in the vicinity of the
 place of said injury, then, he or she shall report said incident as soon
 as physically able to the nearest police station  or  judicial  officer.
 IN  ADDITION  TO  THE FOREGOING, ANY SUCH PERSON SHALL ALSO: (I) PRODUCE
 THE  PROOF  OF  INSURANCE  COVERAGE   REQUIRED   PURSUANT   TO   ARTICLE
 FORTY-FOUR-B  OF THIS CHAPTER IF SUCH PERSON IS A TNC DRIVER OPERATING A
 TNC VEHICLE AT THE TIME OF THE INCIDENT WHO WAS EITHER (A) LOGGED ON  TO
 THE  TNC'S  DIGITAL  NETWORK  AND  AVAILABLE  TO  RECEIVE TRANSPORTATION
 REQUESTS BUT NOT ENGAGED IN A TNC PREARRANGED TRIP OR (B) WAS LOGGED  ON
 TO  THE TNC'S DIGITAL NETWORK AND WAS ENGAGED IN A TNC PREARRANGED TRIP;
 AND (II) DISCLOSE WHETHER HE OR SHE, AT THE TIME SUCH INCIDENT OCCURRED,
 WAS EITHER (A) LOGGED ON TO THE TNC'S DIGITAL NETWORK AND  AVAILABLE  TO
 RECEIVE  TRANSPORTATION  REQUESTS  BUT  NOT ENGAGED IN A TNC PREARRANGED
 TRIP OR (B) WAS LOGGED ON TO THE TNC'S DIGITAL NETWORK AND  WAS  ENGAGED
 IN A TNC PREARRANGED TRIP.
   b.  It shall be the duty of any member of a law enforcement agency who
 is at the scene of the accident to request the said operator  or  opera-
 tors  of  the  motor  vehicles,  when physically capable of doing so, to

 S. 1264                            13
 
 exchange the information required hereinabove and such member of  a  law
 enforcement  agency  shall  assist  such operator or operators in making
 such exchange of information in a reasonable and harmonious manner.
   c.  A  violation  of the provisions of paragraph a of this subdivision
 resulting solely from the failure of an operator to exhibit his  or  her
 license  and  insurance  identification card for the vehicle or exchange
 the information required in such paragraph shall constitute  a  class  B
 misdemeanor  punishable by a fine of not less than two hundred fifty nor
 more than five hundred  dollars  in  addition  to  any  other  penalties
 provided  by law. Any subsequent such violation shall constitute a class
 A misdemeanor punishable by a fine of not less  than  five  hundred  nor
 more  than  one  thousand  dollars  in  addition  to any other penalties
 provided by law. Any violation of the provisions of paragraph a of  this
 subdivision,  other  than for the mere failure of an operator to exhibit
 his or her license and insurance identification card for such vehicle or
 exchange the information required in such paragraph, shall constitute  a
 class  A misdemeanor, punishable by a fine of not less than five hundred
 dollars nor more than one thousand dollars  in  addition  to  any  other
 penalties  provided  by  law.  Any  such violation committed by a person
 after such person has previously been  convicted  of  such  a  violation
 shall constitute a class E felony, punishable by a fine of not less than
 one thousand nor more than two thousand five hundred dollars in addition
 to  any other penalties provided by law. Any violation of the provisions
 of paragraph a of this subdivision, other than for the mere  failure  of
 an  operator  to exhibit his or her license and insurance identification
 card for such vehicle or exchange the information required in such para-
 graph, where the personal injury involved (i) results in  serious  phys-
 ical injury, as defined in section 10.00 of the penal law, shall consti-
 tute  a  class  E  felony,  punishable  by  a  fine of not less than one
 thousand nor more than five thousand dollars in addition  to  any  other
 penalties  provided  by law, or (ii) results in death shall constitute a
 class D felony punishable by a fine of not less than  two  thousand  nor
 more  than  five  thousand  dollars  in  addition to any other penalties
 provided by law.
   3. FOR THE PURPOSES OF THIS ARTICLE, THE TERMS  "TNC",  "TNC  DRIVER",
 "TNC  VEHICLE",  "TNC PREARRANGED TRIP" AND "DIGITAL NETWORK" SHALL HAVE
 THE SAME MEANINGS AS SUCH TERMS ARE DEFINED IN ARTICLE  FORTY-FOUR-B  OF
 THIS CHAPTER.
   § 4-b. Section 601 of the vehicle and traffic law, as amended by chap-
 ter 672 of the laws of 2004, is amended to read as follows:
   §  601.  Leaving scene of injury to certain animals without reporting.
 Any person operating a motor vehicle which shall strike and  injure  any
 horse,  dog,  cat or animal classified as cattle shall stop and endeavor
 to locate the owner or custodian of such animal or a  police,  peace  or
 judicial  officer  of  the  vicinity,  and take any other reasonable and
 appropriate action so that the animal may have necessary attention,  and
 shall  also promptly report the matter to such owner, custodian or offi-
 cer (or if no one of such has been located, then to a police officer  of
 some  other  nearby community), exhibiting his or her license and insur-
 ance identification card for such vehicle, when such  card  is  required
 pursuant  to  articles  six and eight of this chapter, giving his or her
 name and residence, including street and street number, insurance carri-
 er and insurance identification information and license number. IN ADDI-
 TION TO THE FOREGOING, ANY SUCH PERSON SHALL ALSO: (I) PRODUCE THE PROOF
 OF INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE FORTY-FOUR-B OF  THIS
 CHAPTER  IS  SUCH  PERSON IS A TNC DRIVER OPERATING A TNC VEHICLE AT THE

 S. 1264                            14
 
 TIME OF THE INCIDENT WHO WAS EITHER (A) LOGGED ON TO THE  TNC'S  DIGITAL
 NETWORK AND AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT NOT ENGAGED
 IN  A  TNC  PREARRANGED  TRIP  OR (B) WAS LOGGED ON TO THE TNC'S DIGITAL
 NETWORK  AND  WAS  ENGAGED  IN  A TNC PREARRANGED TRIP AND (II) DISCLOSE
 WHETHER HE OR SHE, AT THE TIME SUCH INCIDENT OCCURRED,  WAS  EITHER  (A)
 LOGGED  ON  TO THE TNC'S DIGITAL NETWORK AND AVAILABLE TO RECEIVE TRANS-
 PORTATION REQUESTS BUT NOT ENGAGED IN A TNC PREARRANGED TRIP OR (B)  WAS
 LOGGED  ON  TO THE TNC'S DIGITAL NETWORK AND WAS ENGAGED IN A TNC PREAR-
 RANGED TRIP. Violation of this section shall be punishable by a fine  of
 not  more  than one hundred dollars for a first offense and by a fine of
 not less than fifty nor more than one hundred fifty dollars for a second
 offense and each subsequent offense; provided, however where the  animal
 that  has been struck and injured is a guide dog, hearing dog or service
 dog, as such terms are defined in section  forty-seven-b  of  the  civil
 rights  law which is actually engaged in aiding or guiding a person with
 a disability, a violation of this section shall be [publishable] PUNISH-
 ABLE by a fine of not less than fifty nor more than  one  hundred  fifty
 dollars  for  a first offense and by a fine of not less than one hundred
 fifty dollars nor more than three hundred dollars for a  second  offense
 and each subsequent offense.
   § 5. The insurance law is amended by adding a new section 3455 to read
 as follows:
   §  3455. TRANSPORTATION NETWORK COMPANY GROUP INSURANCE POLICIES.  (A)
 FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
   (1) "TRANSPORTATION NETWORK COMPANY" SHALL HAVE THE  SAME  MEANING  AS
 SET FORTH IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   (2)  "CERTIFICATE"  OR  "CERTIFICATE  OF  INSURANCE" MEANS ANY POLICY,
 CONTRACT OR OTHER EVIDENCE OF INSURANCE, OR ENDORSEMENT THERETO,  ISSUED
 TO A GROUP MEMBER UNDER A TRANSPORTATION NETWORK COMPANY GROUP POLICY.
   (3)  "TRANSPORTATION  NETWORK  COMPANY GROUP POLICY" OR "GROUP POLICY"
 MEANS A  GROUP  POLICY,  INCLUDING  CERTIFICATES  ISSUED  TO  THE  GROUP
 MEMBERS, WHERE THE GROUP POLICYHOLDER IS A TRANSPORTATION NETWORK COMPA-
 NY  AND  THE  POLICY  PROVIDES  INSURANCE  TO THE TRANSPORTATION NETWORK
 COMPANY AND TO GROUP MEMBERS:
   (A) IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE FORTY-FOUR-B OF THE
 VEHICLE AND TRAFFIC LAW;
   (B) OF THE TYPE DESCRIBED IN PARAGRAPH THIRTEEN, FOURTEEN, OR NINETEEN
 OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN  OF  THIS
 CHAPTER; AND
   (C)  IN  SATISFACTION OF THE FINANCIAL RESPONSIBILITY REQUIREMENTS SET
 FORTH IN SECTION THREE THOUSAND FOUR HUNDRED  TWENTY  OF  THIS  ARTICLE,
 SUBDIVISION  FOUR  OF  SECTION  THREE  HUNDRED ELEVEN OF THE VEHICLE AND
 TRAFFIC LAW, ARTICLE FIFTY-ONE OF THIS CHAPTER, AND SUCH OTHER  REQUIRE-
 MENTS  OR  REGULATIONS THAT MAY APPLY FOR THE PURPOSES OF SATISFYING THE
 FINANCIAL RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE USE OR  OPERA-
 TION OF A MOTOR VEHICLE.
   (4)  "GROUP  MEMBER"  MEANS A TRANSPORTATION NETWORK COMPANY DRIVER AS
 DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   (5) "GROUP POLICYHOLDER" MEANS A TRANSPORTATION NETWORK COMPANY.
   (6) "TNC VEHICLE" SHALL HAVE THE MEANING SET FORTH IN  ARTICLE  FORTY-
 FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   (B)  AN INSURER MAY ISSUE OR ISSUE FOR DELIVERY IN THIS STATE A TRANS-
 PORTATION NETWORK COMPANY  GROUP  POLICY  TO  A  TRANSPORTATION  NETWORK
 COMPANY  AS  A GROUP POLICYHOLDER ONLY IN ACCORDANCE WITH THE PROVISIONS
 OF THIS SECTION.

 S. 1264                            15
 
   (C)(1) A TRANSPORTATION NETWORK COMPANY  GROUP  POLICY  SHALL  PROVIDE
 COVERAGE  FOR A TNC VEHICLE IN ACCORDANCE WITH THE REQUIREMENTS OF ARTI-
 CLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   (2) A TRANSPORTATION NETWORK COMPANY GROUP POLICY MAY PROVIDE:
   (A) COVERAGE FOR LIMITS HIGHER THAN THE MINIMUM LIMITS REQUIRED PURSU-
 ANT TO ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   (B) SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS INSURANCE FOR BODI-
 LY  INJURY  PURSUANT TO PARAGRAPH TWO OF SUBSECTION (F) OF SECTION THREE
 THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE;
   (C) SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE  PURSUANT  TO  SUBSECTION
 (G) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS CHAPTER; AND
   (D)  MOTOR  VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN PARAGRAPH
 NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED  THIRTEEN
 OF THIS CHAPTER.
   (3)  THE  COVERAGE  DESCRIBED  IN  PARAGRAPHS  ONE  AND  TWO  OF  THIS
 SUBSECTION MAY BE PROVIDED IN ONE GROUP  POLICY  OR  IN  SEPARATE  GROUP
 POLICIES.    A  TRANSPORTATION  NETWORK  COMPANY GROUP POLICY, INCLUDING
 CERTIFICATES, SHALL BE ISSUED BY AUTHORIZED INSURERS OR FROM EXCESS LINE
 BROKERS PURSUANT TO SECTION SIXTEEN HUNDRED NINETY-THREE OF THE  VEHICLE
 AND TRAFFIC LAW.
   (4) A POLICYHOLDER ALSO MAY BE AN INSURED UNDER A GROUP POLICY.
   (D)  THE  PREMIUM FOR THE TRANSPORTATION NETWORK COMPANY GROUP POLICY,
 INCLUDING CERTIFICATES MAY BE PAID BY THE GROUP  POLICYHOLDER  FROM  THE
 FUNDS CONTRIBUTED:
   (1) WHOLLY BY THE GROUP POLICYHOLDER;
   (2) WHOLLY BY THE GROUP MEMBERS; OR
   (3) JOINTLY BY THE GROUP POLICYHOLDER AND THE GROUP MEMBERS.
   (E)  (1)  ANY POLICY DIVIDEND, RETROSPECTIVE PREMIUM CREDIT, OR RETRO-
 SPECTIVE PREMIUM REFUND IN RESPECT OF PREMIUMS PAID BY THE GROUP POLICY-
 HOLDER MAY:
   (A) BE APPLIED TO REDUCE THE PREMIUM CONTRIBUTION OF THE GROUP POLICY-
 HOLDER, BUT NOT IN EXCESS OF THE PROPORTION TO ITS CONTRIBUTION; OR
   (B) BE RETAINED BY THE GROUP POLICYHOLDER.
   (2) ANY POLICY DIVIDEND, RETROSPECTIVE PREMIUM CREDIT,  OR  RETROSPEC-
 TIVE  PREMIUM  REFUND  NOT  DISTRIBUTED  UNDER  PARAGRAPH  ONE  OF  THIS
 SUBSECTION SHALL BE:
   (A)  APPLIED  TO  REDUCE  FUTURE  PREMIUMS  AND,  ACCORDINGLY,  FUTURE
 CONTRIBUTIONS, OF EXISTING OR FUTURE GROUP MEMBERS, OR BOTH; OR
   (B)  PAID  OR  REFUNDED TO THOSE GROUP MEMBERS INSURED ON THE DATE THE
 PAYMENT OR REFUND IS MADE TO THE GROUP POLICYHOLDER, IF  DISTRIBUTED  BY
 THE  GROUP  POLICYHOLDER,  OR  ON  THE  DATE  OF MAILING, IF DISTRIBUTED
 DIRECTLY BY THE INSURER, SUBJECT TO THE FOLLOWING REQUIREMENTS:
   (I) THE INSURER SHALL BE RESPONSIBLE FOR DETERMINING THE ALLOCATION OF
 THE PAYMENT OF REFUND TO THE GROUP MEMBERS;
   (II) IF THE GROUP POLICYHOLDER DISTRIBUTES THE PAYMENT OR REFUND,  THE
 INSURER  SHALL BE RESPONSIBLE FOR AUDIT TO ASCERTAIN THAT THE PAYMENT OR
 REFUND IS ACTUALLY MADE IN ACCORDANCE WITH THE ALLOCATION PROCEDURE; AND
   (III) IF THE GROUP POLICYHOLDER FAILS TO MAKE THE PAYMENT  OR  REFUND,
 THE  INSURER SHALL MAKE THE PAYMENT OR REFUND DIRECTLY OR USE THE METHOD
 PROVIDED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   (3) NOTWITHSTANDING PARAGRAPHS ONE AND TWO OF THIS  SUBSECTION,  IF  A
 DIVIDEND  ACCRUES  UPON  TERMINATION  OF COVERAGE UNDER A TRANSPORTATION
 NETWORK COMPANY GROUP POLICY, THE PREMIUM FOR  WHICH  WAS  PAID  OUT  OF
 FUNDS  CONTRIBUTED  BY  GROUP MEMBERS SPECIFICALLY FOR THE COVERAGE, THE
 DIVIDEND SHALL BE PAID OR REFUNDED BY  THE  GROUP  POLICYHOLDER  TO  THE
 GROUP  MEMBERS  INSURED ON THE DATE THE PAYMENT OR REFUND IS MADE TO THE

 S. 1264                            16
 
 GROUP POLICYHOLDER, NET OF REASONABLE EXPENSES  INCURRED  BY  THE  GROUP
 POLICYHOLDER IN PAYING OR REFUNDING THE DIVIDEND TO SUCH GROUP MEMBERS.
   (4)  FOR THE PURPOSES OF THIS SUBSECTION, "DIVIDEND" MEANS A RETURN BY
 THE INSURER OF A TRANSPORTATION NETWORK COMPANY GROUP POLICY  OF  EXCESS
 PREMIUMS  TO  THE  GROUP POLICYHOLDER IN LIGHT OF FAVORABLE LOSS EXPERI-
 ENCE, INCLUDING RETROSPECTIVE PREMIUM CREDITS OR  RETROSPECTIVE  PREMIUM
 REFUNDS.  THE  TERM  "DIVIDEND"  DOES NOT INCLUDE REIMBURSEMENTS OR FEES
 RECEIVED BY A GROUP POLICYHOLDER IN CONNECTION  WITH  THE  OPERATION  OR
 ADMINISTRATION OF A TRANSPORTATION NETWORK COMPANY GROUP POLICY, INCLUD-
 ING  ADMINISTRATIVE  REIMBURSEMENTS,  FEES  FOR SERVICES PROVIDED BY THE
 GROUP POLICYHOLDER, OR TRANSACTIONAL SERVICE FEES.
   (F) THE INSURER SHALL TREAT IN LIKE MANNER ALL ELIGIBLE GROUP  MEMBERS
 OF THE SAME CLASS AND STATUS.
   (G)  EACH  POLICY  WRITTEN  PURSUANT TO THIS SECTION SHALL PROVIDE PER
 OCCURRENCE LIMITS OF COVERAGE FOR EACH GROUP MEMBER  IN  AN  AMOUNT  NOT
 LESS  THAN  THAT  REQUIRED BY THIS ARTICLE, AND MAY PROVIDE COVERAGE FOR
 LIMITS HIGHER THAN THE MINIMUM LIMITS REQUIRED UNDER THE LAW.
   (H) (1) THE INSURER SHALL BE RESPONSIBLE FOR MAILING OR DELIVERY OF  A
 CERTIFICATE  OF  INSURANCE TO EACH GROUP MEMBER INSURED UNDER THE TRANS-
 PORTATION NETWORK COMPANY GROUP  POLICY,  PROVIDED,  HOWEVER,  THAT  THE
 INSURER  MAY  DELEGATE  THE  MAILING  OR  DELIVERY TO THE TRANSPORTATION
 NETWORK COMPANY. THE INSURER SHALL ALSO BE RESPONSIBLE FOR  THE  MAILING
 OR  DELIVERY TO EACH GROUP MEMBER OF AN AMENDED CERTIFICATE OF INSURANCE
 OR ENDORSEMENT TO THE CERTIFICATE, WHENEVER THERE IS A CHANGE IN LIMITS;
 CHANGE IN TYPE OF  COVERAGE;  ADDITION,  REDUCTION,  OR  ELIMINATION  OF
 COVERAGE;  OR  ADDITION  OF  EXCLUSION, UNDER THE TRANSPORTATION NETWORK
 COMPANY GROUP POLICY OR CERTIFICATE.
   (2) THE CERTIFICATE SHALL CONTAIN IN SUBSTANCE ALL MATERIAL TERMS  AND
 CONDITIONS OF COVERAGE AFFORDED TO GROUP MEMBERS, UNLESS THE TRANSPORTA-
 TION  NETWORK  COMPANY  GROUP  POLICY IS INCORPORATED BY REFERENCE AND A
 COPY OF THE GROUP POLICY ACCOMPANIES THE CERTIFICATE.
   (3) IF ANY COVERAGE AFFORDED TO THE GROUP MEMBER IS EXCESS OF APPLICA-
 BLE INSURANCE COVERAGE, THE CERTIFICATE SHALL CONTAIN A NOTICE  ADVISING
 THE  GROUP  MEMBERS  THAT,  IF  THE MEMBER HAS OTHER INSURANCE COVERAGE,
 SPECIFIED COVERAGES UNDER THE TRANSPORTATION NETWORK COMPANY GROUP POLI-
 CY WILL BE EXCESS OVER THE OTHER INSURANCE.
   (I) A GROUP POLICYHOLDER SHALL COMPLY WITH THE PROVISIONS  OF  SECTION
 TWO  THOUSAND ONE HUNDRED TWENTY-TWO OF THIS CHAPTER, IN THE SAME MANNER
 AS AN AGENT OR BROKER, IN ANY ADVERTISEMENT, SIGN,  PAMPHLET,  CIRCULAR,
 CARD,  OR OTHER PUBLIC ANNOUNCEMENT REFERRING TO COVERAGE UNDER A TRANS-
 PORTATION NETWORK COMPANY GROUP POLICY OR CERTIFICATE.
   (J) A TRANSPORTATION NETWORK COMPANY GROUP POLICY SHALL NOT BE SUBJECT
 TO SECTION THREE THOUSAND FOUR  HUNDRED  TWENTY-FIVE  OR  SECTION  THREE
 THOUSAND  FOUR  HUNDRED  TWENTY-SIX  OF  THIS ARTICLE; PROVIDED THAT THE
 FOLLOWING REQUIREMENTS SHALL APPLY WITH REGARD TO TERMINATION OF  COVER-
 AGE:
   (1)(A)  AN INSURER MAY TERMINATE A GROUP POLICY OR CERTIFICATE ONLY IF
 CANCELLATION IS BASED ON ONE OR MORE OF THE REASONS SET FORTH IN SUBPAR-
 AGRAPH (A) THROUGH (D) OR (F) THROUGH (H) OF PARAGRAPH ONE OF SUBSECTION
 (C) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF  THIS  ARTICLE;
 PROVIDED,  HOWEVER, THAT AN ACT OR OMISSION BY A GROUP MEMBER THAT WOULD
 CONSTITUTE THE BASIS FOR CANCELLATION OF AN INDIVIDUAL CERTIFICATE SHALL
 NOT CONSTITUTE THE BASIS FOR CANCELLATION OF THE GROUP POLICY.
   (B) WHERE THE PREMIUM IS DERIVED WHOLLY FROM FUNDS CONTRIBUTED BY  THE
 GROUP POLICYHOLDER, AN INSURER MAY CANCEL AN INDIVIDUAL CERTIFICATE ONLY
 IF  CANCELLATION  IS  BASED  ON  ONE OR MORE OF THE REASONS SET FORTH IN

 S. 1264                            17
 
 SUBPARAGRAPH (B), (C) OR (H) OF  PARAGRAPH  ONE  OF  SUBSECTION  (C)  OF
 SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE.
   (2)  (A)  AN  INSURER'S  CANCELLATION OF A GROUP POLICY, INCLUDING ALL
 CERTIFICATES, SHALL NOT BECOME EFFECTIVE UNTIL  THIRTY  DAYS  AFTER  THE
 INSURER  MAILS  OR  DELIVERS WRITTEN NOTICE OF CANCELLATION TO THE GROUP
 POLICYHOLDER AT THE MAILING ADDRESS SHOWN IN THE POLICY.
   (I) WHERE ALL OR PART OF THE PREMIUM IS DERIVED FROM FUNDS CONTRIBUTED
 BY THE GROUP MEMBER SPECIFICALLY FOR THE  COVERAGE,  THE  INSURER  SHALL
 ALSO  MAIL OR DELIVER WRITTEN NOTICE OF CANCELLATION OF THE GROUP POLICY
 TO THE GROUP MEMBER AT THE GROUP MEMBER'S MAILING ADDRESS. SUCH  CANCEL-
 LATION  SHALL  NOT  BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE INSURER
 MAILS OR DELIVERS THE WRITTEN NOTICE TO THE GROUP MEMBER.
   (II) WHERE NONE OF THE PREMIUM IS DERIVED FROM FUNDS CONTRIBUTED BY  A
 GROUP  MEMBER  SPECIFICALLY  FOR  THE  COVERAGE, THE GROUP POLICY HOLDER
 SHALL MAIL OR DELIVER WRITTEN NOTICE TO THE GROUP  MEMBER  ADVISING  THE
 GROUP  MEMBER  OF THE CANCELLATION OF THE GROUP POLICY AND THE EFFECTIVE
 DATE OF CANCELLATION. THE GROUP POLICY HOLDER SHALL MAIL OR DELIVER  THE
 WRITTEN NOTICE WITHIN NINETY DAYS AFTER RECEIVING NOTICE OF CANCELLATION
 FROM THE INSURER.
   (B)  AN  INSURER'S CANCELLATION OF AN INDIVIDUAL CERTIFICATE SHALL NOT
 BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE INSURER MAILS  OR  DELIVERS
 WRITTEN NOTICE OF CANCELLATION TO THE GROUP MEMBER AT THE GROUP MEMBER'S
 MAILING  ADDRESS  AND  TO  THE GROUP POLICYHOLDER AT THE MAILING ADDRESS
 SHOWN IN THE GROUP POLICY.
   (3) (A) A GROUP POLICYHOLDER MAY CANCEL A GROUP POLICY, INCLUDING  ALL
 CERTIFICATES,  OR ANY INDIVIDUAL CERTIFICATE, FOR ANY REASON UPON THIRTY
 DAYS WRITTEN NOTICE TO THE INSURER AND EACH GROUP MEMBER; AND
   (B) THE GROUP POLICYHOLDER SHALL MAIL OR  DELIVER  WRITTEN  NOTICE  TO
 EACH  AFFECTED  GROUP MEMBER OF THE GROUP POLICYHOLDER'S CANCELLATION OF
 THE GROUP POLICY OR CERTIFICATE AND THE EFFECTIVE DATE OF  CANCELLATION.
 THE  GROUP  POLICYHOLDER SHALL MAIL OR DELIVER THE WRITTEN NOTICE TO THE
 GROUP MEMBER'S MAILING ADDRESS AT LEAST THIRTY DAYS PRIOR TO THE  EFFEC-
 TIVE DATE OF CANCELLATION.
   (4) (A) UNLESS A GROUP POLICY PROVIDES FOR A LONGER POLICY PERIOD, THE
 POLICY  AND  ALL  CERTIFICATES SHALL BE ISSUED OR RENEWED FOR A ONE-YEAR
 POLICY PERIOD.
   (B) THE GROUP POLICYHOLDER SHALL BE ENTITLED TO RENEW THE GROUP POLICY
 AND ALL CERTIFICATES UPON TIMELY PAYMENT OF THE PREMIUM  BILLED  TO  THE
 GROUP POLICYHOLDER FOR THE RENEWAL, UNLESS:
   (I)  THE  INSURER  MAILS OR DELIVERS TO THE GROUP POLICYHOLDER AND ALL
 GROUP MEMBERS WRITTEN NOTICE OF NONRENEWAL, OR CONDITIONAL RENEWAL; AND
   (II) THE INSURER MAILS OR DELIVERS THE WRITTEN NOTICE AT LEAST THIRTY,
 BUT NOT MORE THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE  EXPIRATION  DATE
 SPECIFIED  IN  THE POLICY OR, IF NO DATE IS SPECIFIED, THE NEXT ANNIVER-
 SARY DATE OF THE POLICY.
   (5) WHERE THE GROUP POLICYHOLDER NONRENEWS THE GROUP POLICY, THE GROUP
 POLICYHOLDER SHALL MAIL OR DELIVER WRITTEN NOTICE TO EACH  GROUP  MEMBER
 ADVISING  THE  GROUP  MEMBER  OF  NONRENEWAL OF THE GROUP POLICY AND THE
 EFFECTIVE DATE OF NONRENEWAL.  THE  GROUP  POLICYHOLDER  SHALL  MAIL  OR
 DELIVER WRITTEN NOTICE AT LEAST THIRTY DAYS PRIOR TO THE NONRENEWAL.
   (6)  EVERY  NOTICE OF CANCELLATION, NONRENEWAL, OR CONDITIONAL RENEWAL
 SHALL SET FORTH THE SPECIFIC REASON OR REASONS FOR CANCELLATION,  NONRE-
 NEWAL, OR CONDITIONAL RENEWAL.
   (7) (A) AN INSURER SHALL NOT BE REQUIRED UNDER THIS SUBSECTION TO GIVE
 NOTICE  TO  A GROUP MEMBER IF THE INSURER HAS BEEN ADVISED BY EITHER THE

 S. 1264                            18

 GROUP POLICYHOLDER OR ANOTHER INSURER THAT SUBSTANTIALLY SIMILAR  COVER-
 AGE HAS BEEN OBTAINED FROM THE OTHER INSURER WITHOUT LAPSE OF COVERAGE.
   (B)  A  GROUP POLICYHOLDER SHALL NOT BE REQUIRED UNDER THIS SUBSECTION
 TO GIVE NOTICE TO A GROUP MEMBER IF SUBSTANTIALLY SIMILAR  COVERAGE  HAS
 BEEN OBTAINED FROM ANOTHER INSURER WITHOUT LAPSE OF COVERAGE.
   (8)  (A)  IF, PRIOR TO THE EFFECTIVE DATE OF CANCELLATION, NONRENEWAL,
 OR CONDITIONAL RENEWAL OF THE GROUP POLICY, OR  A  CERTIFICATE,  WHETHER
 INITIATED  BY  THE INSURER, GROUP POLICYHOLDER OR BY THE GROUP MEMBER IN
 REGARD TO THE GROUP MEMBER'S CERTIFICATE, COVERAGE ATTACHES PURSUANT  TO
 THE  TERMS OF A GROUP POLICY, THEN THE COVERAGE SHALL BE EFFECTIVE UNTIL
 EXPIRATION OF THE APPLICABLE PERIOD OF COVERAGE PROVIDED  IN  THE  GROUP
 POLICY  NOTWITHSTANDING  THE  CANCELLATION,  NONRENEWAL  OR  CONDITIONAL
 NONRENEWAL OF THE GROUP POLICY.
   (B) NOTWITHSTANDING SUBPARAGRAPH (A) OF THIS PARAGRAPH, AN INSURER MAY
 TERMINATE COVERAGE UNDER AN INDIVIDUAL CERTIFICATE ON THE EFFECTIVE DATE
 OF CANCELLATION, IF THE CERTIFICATE IS CANCELLED IN ACCORDANCE WITH  THE
 PROVISIONS OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF THIS SUBSECTION.
   (K)  ANY  MAILING  OR DELIVERY TO A GROUP MEMBER REQUIRED OR PERMITTED
 UNDER THIS SECTION MAY BE MADE BY ELECTRONIC MAIL  IF  CONSENT  TO  SUCH
 METHOD OF DELIVERY HAS BEEN PREVIOUSLY RECEIVED FROM SUCH GROUP MEMBER.
   (L) AN INSURER MAY ISSUE A TRANSPORTATION NETWORK COMPANY GROUP POLICY
 TO  A  TRANSPORTATION  NETWORK COMPANY, NOTWITHSTANDING THAT IT MAY BE A
 CONDITION OF OPERATING A VEHICLE ON THE TRANSPORTATION NETWORK COMPANY'S
 DIGITAL NETWORK FOR THE TNC DRIVER TO PARTICIPATE IN SUCH GROUP POLICY.
   (M) AN INSURER SHALL NOT INCLUDE A MANDATORY ARBITRATION CLAUSE  IN  A
 POLICY  THAT  PROVIDES  FINANCIAL  RESPONSIBILITY  COVERAGE  UNDER  THIS
 SECTION EXCEPT AS PERMITTED IN SECTION FIVE THOUSAND ONE HUNDRED FIVE OF
 THE INSURANCE LAW.
   § 6. Subsection (g) of section 5102 of the insurance law is amended to
 read as follows:
   (g) "Insurer" means the insurance company or self-insurer, as the case
 may be, which provides the financial security required  by  article  six
 [or], eight, OR FORTY-FOUR-B of the vehicle and traffic law.
   § 7. Subsection (b) of section 5103 of the insurance law is amended by
 adding a new paragraph 4 to read as follows:
   (4)  IS  INJURED  WHILE A MOTOR VEHICLE IS BEING USED OR OPERATED BY A
 TNC DRIVER PURSUANT TO ARTICLE FORTY-FOUR-B OF THE VEHICLE  AND  TRAFFIC
 LAW,  PROVIDED,  HOWEVER, THAT AN INSURER MAY NOT INCLUDE THIS EXCLUSION
 IN A POLICY USED TO SATISFY THE REQUIREMENTS UNDER ARTICLE  FORTY-FOUR-B
 OF THE VEHICLE AND TRAFFIC LAW.
   §  8. Subsection (d) of section 5106 of the insurance law, as added by
 chapter 452 of the laws of 2005, is amended to read as follows:
   (d)  [Where]  (1)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH  TWO  OF   THIS
 SUBSECTION, WHERE there is reasonable belief more than one insurer would
 be  the  source  of  first  party benefits, the insurers may agree among
 themselves, if there is a valid basis therefor, that one  of  them  will
 accept  and pay the claim initially. If there is no such agreement, then
 the first insurer to whom notice of claim is given shall be  responsible
 for  payment.  Any such dispute shall be resolved in accordance with the
 arbitration procedures established pursuant to section five thousand one
 hundred five of this article and [regulation] REGULATIONS as promulgated
 by the superintendent, and any insurer paying first-party benefits shall
 be reimbursed by other insurers for their  proportionate  share  of  the
 costs  of  the claim and the allocated expenses of processing the claim,
 in accordance with the provisions entitled "other coverage" contained in
 regulation and the provisions entitled  "other  sources  of  first-party

 S. 1264                            19
 
 benefits"  contained  in regulation. If there is no such insurer and the
 motor vehicle accident occurs in this state, then an applicant who is  a
 qualified  person  as defined in article fifty-two of this chapter shall
 institute  the  claim against THE motor vehicle accident indemnification
 corporation.
   (2) A GROUP POLICY ISSUED PURSUANT  TO  SECTION  THREE  THOUSAND  FOUR
 HUNDRED  FIFTY-FIVE  OF  THIS CHAPTER SHALL PROVIDE FIRST PARTY BENEFITS
 WHEN A DISPUTE EXISTS AS TO WHETHER A DRIVER WAS USING  OR  OPERATING  A
 MOTOR  VEHICLE  IN CONNECTION WITH A TRANSPORTATION NETWORK COMPANY WHEN
 LOSS, DAMAGE, INJURY, OR DEATH OCCURS. A TRANSPORTATION NETWORK  COMPANY
 SHALL  NOTIFY  THE  INSURER  THAT ISSUED THE OWNER'S POLICY OF LIABILITY
 INSURANCE OF THE DISPUTE WITHIN TEN BUSINESS DAYS OF BECOMING AWARE THAT
 THE DISPUTE EXISTS. WHEN THERE IS A DISPUTE, THE  GROUP  INSURER  LIABLE
 FOR  THE PAYMENT OF FIRST PARTY BENEFITS UNDER A GROUP POLICY SHALL HAVE
 THE RIGHT TO RECOVER THE AMOUNT PAID FROM THE DRIVER'S  INSURER  TO  THE
 EXTENT  THAT  THE  DRIVER  WOULD  HAVE  BEEN LIABLE TO PAY DAMAGES IN AN
 ACTION AT LAW.
   § 9. Subsection (b) of section 2305 of the insurance law,  as  amended
 by  chapter  11  of the laws of 2008, paragraph 13 as amended by chapter
 136 of the laws of 2008, is amended to read as follows:
   (b) rate filings for:
   (1) workers' compensation insurance;
   (2) motor vehicle insurance, or  surety  bonds,  required  by  section
 three  hundred  seventy of the vehicle and traffic law OR ARTICLE FORTY-
 FOUR-B OF THE VEHICLE AND TRAFFIC LAW;
   (3) joint underwriting;
   (4) motor vehicle assigned risk insurance;
   (5) insurance issued by the New York Property  Insurance  Underwriting
 Association;
   (6)  risk  sharing  plans  authorized  by  section  two thousand three
 hundred eighteen of this article;
   (7) title insurance;
   (8) medical malpractice liability insurance;
   (9) insurance issued by the Medical Malpractice Insurance Association;
   (10) mortgage guaranty insurance;
   (11) credit property insurance, as defined  in  section  two  thousand
 three hundred forty of this article; [and]
   (12) gap insurance; AND
   (13)  [Private]  PRIVATE  passenger  automobile  insurance,  except as
 provided in section two thousand three hundred fifty of this article[.],
 shall be filed with the superintendent and shall  not  become  effective
 unless  either  the  filing  has been approved or thirty days, which the
 superintendent may with cause extend an additional thirty days and  with
 further  cause  extend  an additional fifteen days, have elapsed and the
 filing has not been disapproved as failing to meet the  requirements  of
 this  article, including the standard that rates be not otherwise unrea-
 sonable. After a rate filing becomes effective, the filing and  support-
 ing  information  shall  be  open  to  public inspection. If a filing is
 disapproved, THEN notice of such disapproval order shall be given, spec-
 ifying in what respects such filing fails to meet  the  requirements  of
 this  article.  Upon  his  or  her  request, the superintendent shall be
 provided with support and  assistance  from  the  workers'  compensation
 board  and  other state agencies and departments with appropriate juris-
 diction. The loss cost multiplier for each  insurer  providing  coverage
 for  workers'  compensation, as defined by regulation promulgated by the

 S. 1264                            20
 
 superintendent, shall be promptly displayed on the department's  website
 and updated in the event of any change.
   §  10.  Paragraph 1 of subsection (a) of section 3425 of the insurance
 law, as amended by chapter 235 of the laws of 1989, is amended  to  read
 as follows:
   (1) "Covered  policy"  means  a  contract of insurance, referred to in
 this section as "automobile insurance", issued or issued for delivery in
 this state, on a risk  located  or  resident  in  this  state,  insuring
 against  losses  or liabilities arising out of the ownership, operation,
 or use of a motor vehicle, predominantly used for non-business purposes,
 when a natural person is the named insured under the policy  of  automo-
 bile  insurance;  PROVIDED,  HOWEVER,  THAT  THE USE OR OPERATION OF THE
 MOTOR VEHICLE BY A TRANSPORTATION NETWORK DRIVER AS  A  TNC  VEHICLE  IN
 ACCORDANCE  WITH  ARTICLE  FORTY-FOUR-B  OF  THE VEHICLE AND TRAFFIC LAW
 SHALL NOT BE INCLUDED IN DETERMINING WHETHER THE MOTOR VEHICLE IS  BEING
 USED PREDOMINANTLY FOR NON-BUSINESS PURPOSES.
   §  11. Subdivisions 1 and 3 of section 160-cc of the executive law, as
 added by chapter 49 of the laws of 1999, are amended and a new  subdivi-
 sion 10 is added to read as follows:
   1. "Black car operator" means the registered owner of a for-hire vehi-
 cle,  or  a  driver  designated  by such registered owner to operate the
 registered owner's for-hire vehicle as the registered owner's authorized
 designee, whose injury arose out of  and  in  the  course  of  providing
 covered  services  to  a  central dispatch facility that is a registered
 member of the New York black car operators'  injury  compensation  fund,
 inc.  FOR  THE  PURPOSES  OF ADMINISTRATION OF THIS ARTICLE, A BLACK CAR
 OPERATOR SHALL  INCLUDE  A  TRANSPORTATION  NETWORK  COMPANY  DRIVER  AS
 DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   3.  "Central  dispatch  facility"  means  a central facility, wherever
 located, INCLUDING A TRANSPORTATION NETWORK COMPANY, that (a) dispatches
 the registered owners of for-hire vehicles, or  drivers  acting  as  the
 designated  agent  of  such  registered  owners,  to  both  pick-up  and
 discharge passengers in the state, and (b) has certified to  the  satis-
 faction  of the department of state that more than ninety percent of its
 for-hire business is on a payment basis other than direct  cash  payment
 by  a  passenger;  provided,  however,  that a central dispatch facility
 shall not include any such central facility that owns fifty  percent  or
 more  of  the  cars it dispatches. FOR THE PURPOSES OF ADMINISTRATION OF
 THIS ARTICLE, CENTRAL DISPATCH FACILITY SHALL INCLUDE TNC PREARRANGED AS
 DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   10. "TRANSPORTATION NETWORK COMPANY" OR  "TNC"  SHALL  HAVE  THE  SAME
 MEANING  AS  THE  TERM IS DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE
 AND TRAFFIC LAW.
   § 12. Subdivision 1 of section 160-ff of the executive law,  as  added
 by chapter 49 of the laws of 1999, is amended to read as follows:
   1.  [Within  thirty days of the effective date of this article, there]
 THERE shall be appointed a board of directors of the fund, consisting of
 nine directors, [five] FOUR of whom shall be selected by the  black  car
 assistance  corporation;  [three]  FOUR  of  whom shall be chosen by the
 governor, including one chosen upon the recommendation of the  temporary
 president  of  the  senate and one chosen upon the recommendation of the
 speaker of the assembly, AND ONE CHOSEN TO  REPRESENT  A  TRANSPORTATION
 NETWORK  COMPANY  AS  DEFINED BY ARTICLE FORTY-FOUR-B OF THE VEHICLE AND
 TRAFFIC LAW; and one of whom shall be the secretary, who shall serve  ex
 officio.  [The initial terms of directors other than the secretary shall
 be staggered, the three directors appointed by the governor serving  for

 S. 1264                            21

 initial  terms  of  three years from the effective date of this article,
 three of the remaining five directors serving for initial terms  of  two
 years  from the effective date of this article and two directors serving
 for  initial  terms of one year from the effective date of this article]
 THE TERM OF THE DIRECTOR APPOINTED BY  THE  GOVERNOR  TO  REPRESENT  THE
 TRANSPORTATION NETWORK COMPANY ORGANIZATION SHALL BEGIN UPON THE EXPIRA-
 TION  OF  THE  TERM  OF  A DIRECTOR SELECTED BY THE BLACK CAR ASSISTANCE
 CORPORATION FOLLOWING DECEMBER THIRTY-FIRST, TWO  THOUSAND  SIXTEEN.  IN
 THE  EVENT  THAT A DIRECTOR APPOINTED BY THE BLACK CAR ASSISTANCE CORPO-
 RATION IS SERVING IN AN EXPIRED APPOINTMENT  ON  DECEMBER  THIRTY-FIRST,
 TWO  THOUSAND  SIXTEEN,  SUCH  MEMBER SHALL BE REPLACED IMMEDIATELY BY A
 DIRECTOR APPOINTED BY THE GOVERNOR TO REPRESENT A TRANSPORTATION NETWORK
 COMPANY ORGANIZATION.   The [subsequent] terms of  all  directors  other
 than  the secretary shall be three years. The board shall have the power
 to remove for cause any director other than the secretary.
   § 13. Subdivision 3 of section 160-jj of the executive law,  as  added
 by chapter 49 of the laws of 1999, is amended to read as follows:
   3.  No  local  licensing  authority  or the department OR THE NEW YORK
 STATE DEPARTMENT OF MOTOR VEHICLES shall issue, continue  or  renew  any
 license  or registration certificate, OR PERMIT for the operation of any
 central dispatch facility unless such central dispatch  facility,  as  a
 condition  of  maintaining  its license and/or registration certificate,
 adds the surcharge required by this section to every invoice and billing
 for covered services sent to,  and  every  credit  payment  for  covered
 services received from, its customers and pays to the fund no later than
 the  fifteenth  day  of  each month the total surcharges due pursuant to
 this article.
   § 14.  Subdivision 1 of section 171-a of the tax law,  as  amended  by
 chapter 90 of the laws of 2014, is amended to read as follows:
   1.  All  taxes,  interest, penalties and fees collected or received by
 the commissioner or the commissioner's duly authorized agent under arti-
 cles nine (except section one hundred eighty-two-a thereof and except as
 otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
 twelve-A  (except  as  otherwise provided in section two hundred eighty-
 four-d thereof), thirteen, thirteen-A (except as otherwise  provided  in
 section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
 (except as otherwise provided in section four hundred eighty-two  there-
 of), twenty-B, twenty-one, twenty-two, twenty-six, [twenty-six-B,] twen-
 ty-eight  (except as otherwise provided in section eleven hundred two or
 eleven hundred three thereof), twenty-eight-A, TWENTY-NINE-B (EXCEPT  AS
 OTHERWISE  PROVIDED  IN  SECTION  TWELVE  HUNDRED NINETY-EIGHT THEREOF),
 thirty-one (except as otherwise provided  in  section  fourteen  hundred
 twenty-one  thereof),  thirty-three  and  thirty-three-A of this chapter
 shall be deposited daily in one account  with  such  responsible  banks,
 banking  houses  or  trust  companies  as may be designated by the comp-
 troller, to the credit of the comptroller. Such an account may be estab-
 lished in one or more of such depositories. Such deposits shall be  kept
 separate  and  apart from all other money in the possession of the comp-
 troller. The comptroller shall require adequate security from  all  such
 depositories.  Of  the  total  revenue  collected or received under such
 articles of this chapter, the comptroller  shall  retain  in  the  comp-
 troller's  hands  such  amount  as  the commissioner may determine to be
 necessary for refunds or reimbursements  under  such  articles  of  this
 chapter  out  of  which  amount the comptroller shall pay any refunds or
 reimbursements to which taxpayers shall be entitled under the provisions
 of such articles of this chapter. The commissioner and  the  comptroller

 S. 1264                            22
 
 shall  maintain  a  system  of  accounts  showing  the amount of revenue
 collected or received from each of the taxes imposed by  such  articles.
 The  comptroller,  after  reserving  the  amount  to pay such refunds or
 reimbursements,  shall,  on  or  before the tenth day of each month, pay
 into the state treasury to the credit of the general  fund  all  revenue
 deposited  under  this  section  during the preceding calendar month and
 remaining to the comptroller's credit on the last day of such  preceding
 month, (i) except that the comptroller shall pay to the state department
 of social services that amount of overpayments of tax imposed by article
 twenty-two  of  this  chapter  and  the interest on such amount which is
 certified to the comptroller by the commissioner as  the  amount  to  be
 credited against past-due support pursuant to subdivision six of section
 one  hundred  seventy-one-c  of  this  article, (ii) and except that the
 comptroller shall pay to the New York state  higher  education  services
 corporation  and the state university of New York or the city university
 of New York respectively that amount of overpayments of tax  imposed  by
 article twenty-two of this chapter and the interest on such amount which
 is  certified to the comptroller by the commissioner as the amount to be
 credited against the amount  of  defaults  in  repayment  of  guaranteed
 student loans and state university loans or city university loans pursu-
 ant  to subdivision five of section one hundred seventy-one-d and subdi-
 vision six of section one hundred seventy-one-e of this  article,  (iii)
 and  except further that, notwithstanding any law, the comptroller shall
 credit  to  the  revenue  arrearage   account,   pursuant   to   section
 ninety-one-a of the state finance law, that amount of overpayment of tax
 imposed  by article nine, nine-A, twenty-two, thirty, thirty-A, thirty-B
 or thirty-three of this chapter, and  any  interest  thereon,  which  is
 certified  to  the  comptroller  by the commissioner as the amount to be
 credited against a past-due legally enforceable debt  owed  to  a  state
 agency  pursuant  to  paragraph  (a)  of  subdivision six of section one
 hundred seventy-one-f of this article, provided, however, he shall cred-
 it to the special offset fiduciary account, pursuant to section  ninety-
 one-c  of the state finance law, any such amount creditable as a liabil-
 ity as set forth in paragraph (b) of  subdivision  six  of  section  one
 hundred  seventy-one-f of this article, (iv) and except further that the
 comptroller shall pay to the city of New York that amount of overpayment
 of tax imposed by article nine, nine-A,  twenty-two,  thirty,  thirty-A,
 thirty-B  or  thirty-three of this chapter and any interest thereon that
 is certified to the comptroller by the commissioner as the amount to  be
 credited  against city of New York tax warrant judgment debt pursuant to
 section one hundred  seventy-one-l  of  this  article,  (v)  and  except
 further  that  the  comptroller shall pay to a non-obligated spouse that
 amount of overpayment of tax imposed by article twenty-two of this chap-
 ter and the interest on such amount which has been credited pursuant  to
 section  one  hundred  seventy-one-c,  one  hundred  seventy-one-d,  one
 hundred seventy-one-e, one hundred seventy-one-f or one  hundred  seven-
 ty-one-l  of  this  article and which is certified to the comptroller by
 the commissioner as the amount due such non-obligated spouse pursuant to
 paragraph six of subsection (b) of section six hundred fifty-one of this
 chapter; and (vi) the comptroller shall deduct a like amount  which  the
 comptroller  shall  pay  into  the treasury to the credit of the general
 fund from amounts subsequently  payable  to  the  department  of  social
 services,  the  state university of New York, the city university of New
 York, or the higher  education  services  corporation,  or  the  revenue
 arrearage  account  or  special  offset  fiduciary  account  pursuant to
 section ninety-one-a or ninety-one-c of the state finance  law,  as  the

 S. 1264                            23
 
 case  may be, whichever had been credited the amount originally withheld
 from such overpayment, and (vii)  with  respect  to  amounts  originally
 withheld  from such overpayment pursuant to section one hundred seventy-
 one-l  of this article and paid to the city of New York, the comptroller
 shall collect a like amount from the city of New York.
   § 14-a. Subdivision 1 of section 171-a of the tax law, as  amended  by
 section  54  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   1. All taxes, interest, penalties and fees collected  or  received  by
 the commissioner or the commissioner's duly authorized agent under arti-
 cles nine (except section one hundred eighty-two-a thereof and except as
 otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
 twelve-A (except as otherwise provided in section  two  hundred  eighty-
 four-d  thereof),  thirteen, thirteen-A (except as otherwise provided in
 section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
 (except  as otherwise provided in section four hundred eighty-two there-
 of), twenty-one, twenty-two,  twenty-six,  [twenty-six-B,]  twenty-eight
 (except  as  otherwise  provided in section eleven hundred two or eleven
 hundred three thereof), twenty-eight-A, TWENTY-NINE-B (EXCEPT AS  OTHER-
 WISE  PROVIDED  IN SECTION TWELVE HUNDRED NINETY-EIGHT THEREOF), thirty-
 one (except as otherwise provided in section fourteen hundred twenty-one
 thereof), thirty-three and  thirty-three-A  of  this  chapter  shall  be
 deposited  daily  in  one  account  with such responsible banks, banking
 houses or trust companies as may be designated by  the  comptroller,  to
 the credit of the comptroller. Such an account may be established in one
 or  more  of such depositories. Such deposits shall be kept separate and
 apart from all other money in the possession  of  the  comptroller.  The
 comptroller  shall require adequate security from all such depositories.
 Of the total revenue collected or received under such articles  of  this
 chapter,  the  comptroller  shall retain in the comptroller's hands such
 amount as the commissioner may determine to be necessary for refunds  or
 reimbursements  under  such articles of this chapter out of which amount
 the comptroller shall pay any refunds or reimbursements to which taxpay-
 ers shall be entitled under the provisions  of  such  articles  of  this
 chapter. The commissioner and the comptroller shall maintain a system of
 accounts  showing  the amount of revenue collected or received from each
 of the taxes imposed by such articles. The comptroller, after  reserving
 the  amount  to  pay such refunds or reimbursements, shall, on or before
 the tenth day of each month, pay into the state treasury to  the  credit
 of  the general fund all revenue deposited under this section during the
 preceding calendar month and remaining to the  comptroller's  credit  on
 the  last  day  of such preceding month, (i) except that the comptroller
 shall pay to the state department of  social  services  that  amount  of
 overpayments  of  tax  imposed by article twenty-two of this chapter and
 the interest on such amount which is certified to the comptroller by the
 commissioner as the amount  to  be  credited  against  past-due  support
 pursuant to subdivision six of section one hundred seventy-one-c of this
 article,  (ii) and except that the comptroller shall pay to the New York
 state higher education services corporation and the state university  of
 New  York or the city university of New York respectively that amount of
 overpayments of tax imposed by article twenty-two of  this  chapter  and
 the interest on such amount which is certified to the comptroller by the
 commissioner as the amount to be credited against the amount of defaults
 in  repayment  of guaranteed student loans and state university loans or
 city university loans  pursuant  to  subdivision  five  of  section  one
 hundred  seventy-one-d and subdivision six of section one hundred seven-

 S. 1264                            24

 ty-one-e of this article, (iii) and except further that, notwithstanding
 any law, the comptroller shall credit to the revenue arrearage  account,
 pursuant  to  section ninety-one-a of the state finance law, that amount
 of overpayment of tax imposed by article nine, nine-A, twenty-two, thir-
 ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest
 thereon,  which  is  certified to the comptroller by the commissioner as
 the amount to be credited against a past-due  legally  enforceable  debt
 owed  to  a state agency pursuant to paragraph (a) of subdivision six of
 section one hundred seventy-one-f of this article, provided, however, he
 shall credit to  the  special  offset  fiduciary  account,  pursuant  to
 section  ninety-one-c of the state finance law, any such amount credita-
 ble as a liability as set forth in paragraph (b) of subdivision  six  of
 section  one  hundred  seventy-one-f  of  this  article, (iv) and except
 further that the comptroller shall pay to the  city  of  New  York  that
 amount  of  overpayment  of tax imposed by article nine, nine-A, twenty-
 two, thirty, thirty-A, thirty-B or thirty-three of this chapter and  any
 interest thereon that is certified to the comptroller by the commission-
 er  as  the  amount  to be credited against city of New York tax warrant
 judgment debt pursuant to section  one  hundred  seventy-one-l  of  this
 article,  (v)  and  except  further  that the comptroller shall pay to a
 non-obligated spouse that amount of overpayment of tax imposed by  arti-
 cle twenty-two of this chapter and the interest on such amount which has
 been credited pursuant to section one hundred seventy-one-c, one hundred
 seventy-one-d,  one  hundred seventy-one-e, one hundred seventy-one-f or
 one hundred seventy-one-l of this article and which is certified to  the
 comptroller  by  the  commissioner  as the amount due such non-obligated
 spouse pursuant to paragraph  six  of  subsection  (b)  of  section  six
 hundred fifty-one of this chapter; and (vi) the comptroller shall deduct
 a  like  amount which the comptroller shall pay into the treasury to the
 credit of the general fund from  amounts  subsequently  payable  to  the
 department  of  social  services,  the state university of New York, the
 city university of New York, or the  higher  education  services  corpo-
 ration,  or  the  revenue  arrearage account or special offset fiduciary
 account pursuant to section ninety-one-a or ninety-one-c  of  the  state
 finance  law, as the case may be, whichever had been credited the amount
 originally withheld from such overpayment, and  (vii)  with  respect  to
 amounts  originally  withheld  from such overpayment pursuant to section
 one hundred seventy-one-l of this article and paid to the  city  of  New
 York,  the  comptroller shall collect a like amount from the city of New
 York.
   § 15. Paragraph 34 of subdivision (b) of section 1101 of the tax  law,
 as amended by section 1 of part WW of chapter 57 of the laws of 2010, is
 amended to read as follows:
   (34)  Transportation service. The service of transporting, carrying or
 conveying a person or persons by livery service;  whether  to  a  single
 destination  or  to  multiple destinations; and whether the compensation
 paid by or on behalf of the passenger is based on  mileage,  trip,  time
 consumed  or  any  other  basis.  A service that begins and ends in this
 state is deemed intra-state even if it passes outside this state  during
 a  portion of the trip. However, transportation service does not include
 transportation of persons in connection  with  funerals.  Transportation
 service  includes  transporting,  carrying, or conveying property of the
 person being transported, whether owned  by  or  in  the  care  of  such
 person.  NOTWITHSTANDING THE FOREGOING, TRANSPORTATION SERVICE SHALL NOT
 INCLUDE  A  TNC  PREARRANGED  TRIP,  AS  THAT TERM IS DEFINED IN ARTICLE
 FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW,  THAT  IS  SUBJECT  TO  TAX

 S. 1264                            25
 
 UNDER  ARTICLE  TWENTY-NINE-B  OF  THIS  CHAPTER. In addition to what is
 included in the definition of  "receipt"  in  paragraph  three  of  this
 subdivision, receipts from the sale of transportation service subject to
 tax  include  any handling, carrying, baggage, booking service, adminis-
 trative, mark-up, additional, or other charge, of any  nature,  made  in
 conjunction  with  the  transportation  service.  Livery  service  means
 service provided by limousine, black car or other motor vehicle, with  a
 driver, but excluding (i) a taxicab, (ii) a bus, and (iii), in a city of
 one  million  or  more  in this state, an affiliated livery vehicle, and
 excluding any scheduled public service. Limousine means a vehicle with a
 seating capacity of up to fourteen persons, excluding the driver.  Black
 car means a for-hire vehicle dispatched from a central facility. "Affil-
 iated  livery  vehicle"  means  a  for-hire motor vehicle with a seating
 capacity of up to six persons, including the driver, other than a  black
 car or luxury limousine, that is authorized and licensed by the taxi and
 limousine  commission  of a city of one million or more to be dispatched
 by a base station located in such a city and regulated by such taxi  and
 limousine  commission; and the charges for service provided by an affil-
 iated livery vehicle are on the basis of flat rate,  time,  mileage,  or
 zones and not on a garage to garage basis.
   §  16.  The tax law is amended by adding a new article 29-B to read as
 follows:
                               ARTICLE 29-B
          STATE ASSESSMENT FEE ON TRANSPORTATION NETWORK COMPANY
                             PREARRANGED TRIPS
 SECTION 1291. DEFINITIONS.
         1292. IMPOSITION.
         1293. PRESUMPTION.
         1294. RETURNS AND PAYMENT OF STATE ASSESSMENT FEE.
         1295. RECORDS TO BE KEPT.
         1296. SECRECY OF RETURNS AND REPORTS.
         1297. PRACTICE AND PROCEDURE.
         1298. DEPOSIT AND DISPOSITION OF REVENUE.
   § 1291. DEFINITIONS. (A) "PERSON" MEANS  AN  INDIVIDUAL,  PARTNERSHIP,
 LIMITED  LIABILITY  COMPANY,  SOCIETY, ASSOCIATION, JOINT STOCK COMPANY,
 CORPORATION, ESTATE, RECEIVER, TRUSTEE, ASSIGNEE, REFEREE OR  ANY  OTHER
 PERSON  ACTING  IN  A  FIDUCIARY  OR  REPRESENTATIVE  CAPACITY,  WHETHER
 APPOINTED BY A COURT OR OTHERWISE, ANY COMBINATION  OF  INDIVIDUALS  AND
 ANY OTHER FORM OF UNINCORPORATED ENTERPRISE OWNED OR CONDUCTED BY TWO OR
 MORE PERSONS.
   (B)  "CITY" MEANS A CITY OF A MILLION OR MORE LOCATED IN THE METROPOL-
 ITAN COMMUTER TRANSPORTATION  DISTRICT  ESTABLISHED  BY  SECTION  TWELVE
 HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
   (C)  "TRANSPORTATION  NETWORK  COMPANY"  OR  "TNC" SHALL HAVE THE SAME
 MEANING AS THE TERM IS DEFINED IN ARTICLE FORTY-FOUR-B  OF  THE  VEHICLE
 AND TRAFFIC LAW.
   (D)  "TNC PREARRANGED TRIP" SHALL HAVE THE SAME MEANING AS THE TERM IS
 DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   (E) "TNC DRIVER" SHALL HAVE THE SAME MEANING AS THE TERM IS DEFINED IN
 ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   (F) "TNC VEHICLE" SHALL HAVE THE SAME MEANING AS THE TERM  IS  DEFINED
 IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND TRAFFIC LAW.
   (G)  "GROSS TRIP FARE" MEANS THE SUM OF THE BASE FARE CHARGE, DISTANCE
 CHARGE AND TIME CHARGE FOR A COMPLETE TNC PREARRANGED TRIP AT  THE  RATE
 PUBLISHED BY THE TNC BY OR THROUGH WHICH SUCH TRIP IS ARRANGED.

 S. 1264                            26
 
   §  1292.  IMPOSITION.  THERE  IS  HEREBY  IMPOSED ON EVERY TNC A STATE
 ASSESSMENT FEE OF FOUR PERCENT OF THE  GROSS  TRIP  FARE  OF  EVERY  TNC
 PREARRANGED  TRIP  PROVIDED  BY SUCH TNC THAT ORIGINATES ANYWHERE IN THE
 STATE OUTSIDE THE CITY AND TERMINATES ANYWHERE IN THIS STATE.
   §  1293.  PRESUMPTION. FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF
 THIS ARTICLE AND TO PREVENT EVASION OF THE STATE ASSESSMENT FEE  IMPOSED
 BY  THIS  ARTICLE,  IT SHALL BE PRESUMED THAT EVERY TNC PREARRANGED TRIP
 THAT ORIGINATES ANYWHERE IN THE STATE OUTSIDE THE CITY IS SUBJECT TO THE
 STATE ASSESSMENT FEE. THIS PRESUMPTION SHALL PREVAIL UNTIL THE  CONTRARY
 IS PROVEN BY THE PERSON LIABLE FOR THE FEE.
   §  1294. RETURNS AND PAYMENT OF STATE ASSESSMENT FEE. (A) EVERY PERSON
 LIABLE FOR THE STATE ASSESSMENT FEE IMPOSED BY THIS ARTICLE SHALL FILE A
 RETURN ON A CALENDAR-QUARTERLY BASIS WITH THE COMMISSIONER. EACH  RETURN
 SHALL  SHOW THE NUMBER OF TNC PREARRANGED TRIPS IN THE QUARTER FOR WHICH
 THE RETURN IS FILED, TOGETHER WITH SUCH OTHER INFORMATION AS THE COMMIS-
 SIONER MAY REQUIRE.  THE RETURNS REQUIRED BY THIS SECTION SHALL BE FILED
 WITHIN THIRTY DAYS AFTER THE END OF THE QUARTERLY PERIOD COVERED  THERE-
 BY.  IF  THE  COMMISSIONER  DEEMS  IT  NECESSARY  IN ORDER TO ENSURE THE
 PAYMENT OF THE STATE ASSESSMENT FEE IMPOSED BY THIS ARTICLE, THE COMMIS-
 SIONER  MAY  REQUIRE  RETURNS  TO  BE  MADE  FOR  SHORTER  PERIODS  THAN
 PRESCRIBED  BY  THE  FOREGOING PROVISIONS OF THIS SECTION, AND UPON SUCH
 DATES AS THE COMMISSIONER MAY SPECIFY. THE  FORM  OF  RETURNS  SHALL  BE
 PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN SUCH INFORMATION AS THE
 COMMISSIONER  MAY  DEEM  NECESSARY FOR THE PROPER ADMINISTRATION OF THIS
 ARTICLE. THE COMMISSIONER MAY REQUIRE AMENDED RETURNS TO BE FILED WITHIN
 THIRTY DAYS AFTER NOTICE AND TO CONTAIN THE INFORMATION SPECIFIED IN THE
 NOTICE. THE COMMISSIONER MAY REQUIRE THAT THE RETURNS BE FILED ELECTRON-
 ICALLY.
   (B) EVERY PERSON REQUIRED TO FILE A RETURN UNDER THIS  ARTICLE  SHALL,
 AT  THE TIME OF FILING SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL OF
 ALL STATE ASSESSMENT FEES ON THE CORRECT NUMBER OF TRIPS SUBJECT TO SUCH
 FEE UNDER THIS ARTICLE. THE AMOUNT SO PAYABLE TO  THE  COMMISSIONER  FOR
 THE  PERIOD  FOR WHICH A RETURN IS REQUIRED TO BE FILED SHALL BE DUE AND
 PAYABLE TO THE COMMISSIONER ON THE DATE SPECIFIED FOR THE FILING OF  THE
 RETURN  FOR  SUCH PERIOD, WITHOUT REGARD TO WHETHER A RETURN IS FILED OR
 WHETHER THE RETURN THAT IS FILED CORRECTLY SHOWS THE CORRECT  NUMBER  OF
 TRIPS  OR  THE  AMOUNT OF FEES DUE THEREON. THE COMMISSIONER MAY REQUIRE
 THAT THE FEE BE PAID ELECTRONICALLY.
   § 1295. RECORDS TO BE KEPT. EVERY PERSON LIABLE FOR THE STATE  ASSESS-
 MENT FEE IMPOSED BY THIS ARTICLE SHALL KEEP:
   (A) RECORDS OF EVERY TNC PREARRANGED TRIP SUBJECT TO THE STATE ASSESS-
 MENT  FEE  UNDER  THIS  ARTICLE, AND OF ALL AMOUNTS PAID, CHARGED OR DUE
 THEREON, IN SUCH FORM AS THE COMMISSIONER MAY REQUIRE;
   (B) TRUE AND COMPLETE COPIES OF ANY RECORDS REQUIRED TO BE KEPT  BY  A
 STATE AGENCY THAT IS AUTHORIZED TO PERMIT OR REGULATE A TNC; AND
   (C) SUCH OTHER RECORDS AND INFORMATION AS THE COMMISSIONER MAY REQUIRE
 TO PERFORM HIS OR HER DUTIES UNDER THIS ARTICLE.
   §  1296. SECRECY OF RETURNS AND REPORTS. (A) EXCEPT IN ACCORDANCE WITH
 PROPER JUDICIAL ORDER OR AS OTHERWISE  PROVIDED  BY  LAW,  IT  SHALL  BE
 UNLAWFUL  FOR  THE  COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
 MENT, ANY PERSON ENGAGED OR RETAINED BY THE DEPARTMENT ON AN INDEPENDENT
 CONTRACT BASIS, OR ANY PERSON WHO IN ANY MANNER MAY ACQUIRE KNOWLEDGE OF
 THE CONTENTS OF A RETURN OR REPORT FILED WITH THE COMMISSIONER  PURSUANT
 TO  THIS ARTICLE, TO DIVULGE OR MAKE KNOWN IN ANY MANNER ANY PARTICULARS
 SET FORTH OR DISCLOSED IN ANY SUCH  RETURN  OR  REPORT.    THE  OFFICERS
 CHARGED  WITH  THE  CUSTODY  OF  SUCH  RETURNS  AND REPORTS SHALL NOT BE

 S. 1264                            27
 
 REQUIRED TO PRODUCE ANY OF THEM OR EVIDENCE  OF  ANYTHING  CONTAINED  IN
 THEM  IN  ANY ACTION OR PROCEEDING IN ANY COURT, EXCEPT ON BEHALF OF THE
 COMMISSIONER IN AN ACTION OR PROCEEDING UNDER  THE  PROVISIONS  OF  THIS
 CHAPTER OR IN ANY OTHER ACTION OR PROCEEDING INVOLVING THE COLLECTION OF
 A  STATE ASSESSMENT FEE DUE UNDER THIS ARTICLE TO WHICH THE STATE OR THE
 COMMISSIONER IS A PARTY OR A CLAIMANT, OR ON BEHALF OF ANY PARTY TO  ANY
 ACTION,  PROCEEDING OR HEARING UNDER THE PROVISIONS OF THIS ARTICLE WHEN
 THE RETURNS, REPORTS OR FACTS SHOWN THEREBY  ARE  DIRECTLY  INVOLVED  IN
 SUCH ACTION, PROCEEDING OR HEARING, IN ANY OF WHICH EVENTS THE COURT, OR
 IN  THE  CASE  OF A HEARING, THE DIVISION OF TAX APPEALS MAY REQUIRE THE
 PRODUCTION OF, AND MAY ADMIT INTO EVIDENCE, SO  MUCH  OF  SAID  RETURNS,
 REPORTS  OR  OF THE FACTS SHOWN THEREBY, AS ARE PERTINENT TO THE ACTION,
 PROCEEDING OR HEARING AND NO MORE. THE COMMISSIONER OR THE  DIVISION  OF
 TAX  APPEALS MAY, NEVERTHELESS, PUBLISH A COPY OR A SUMMARY OF ANY DECI-
 SION RENDERED AFTER A HEARING REQUIRED BY THIS ARTICLE.  NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO PROHIBIT THE DELIVERY TO A PERSON WHO  HAS
 FILED  A  RETURN OR REPORT OR TO SUCH PERSON'S DULY AUTHORIZED REPRESEN-
 TATIVE OF A CERTIFIED COPY OF ANY RETURN OR REPORT FILED  IN  CONNECTION
 WITH  SUCH  PERSON'S  STATE  ASSESSMENT  FEE. NOR SHALL ANYTHING IN THIS
 SECTION BE CONSTRUED TO PROHIBIT THE PUBLICATION OF STATISTICS SO  CLAS-
 SIFIED AS TO PREVENT THE IDENTIFICATION OF PARTICULAR RETURNS OR REPORTS
 AND  THE  ITEMS  THEREOF,  OR  THE INSPECTION BY THE ATTORNEY GENERAL OR
 OTHER LEGAL REPRESENTATIVES OF THE STATE OF THE RETURN OR REPORT OF  ANY
 PERSON  REQUIRED  TO PAY THE STATE ASSESSMENT FEE WHO SHALL BRING ACTION
 TO REVIEW THE STATE ASSESSMENT FEE BASED THEREON,  OR  AGAINST  WHOM  AN
 ACTION  OR  PROCEEDING  UNDER  THIS  CHAPTER HAS BEEN RECOMMENDED BY THE
 COMMISSIONER OR THE ATTORNEY GENERAL OR  HAS  BEEN  INSTITUTED,  OR  THE
 INSPECTION  OF THE RETURNS OR REPORTS REQUIRED UNDER THIS ARTICLE BY THE
 COMPTROLLER OR DULY DESIGNATED OFFICER OR EMPLOYEE OF THE STATE  DEPART-
 MENT  OF AUDIT AND CONTROL, FOR PURPOSES OF THE AUDIT OF A REFUND OF ANY
 STATE ASSESSMENT FEE PAID BY A PERSON REQUIRED TO PAY THE STATE  ASSESS-
 MENT  FEE UNDER THIS ARTICLE. PROVIDED, FURTHER, NOTHING IN THIS SECTION
 SHALL BE CONSTRUED TO PROHIBIT THE DISCLOSURE, IN  SUCH  MANNER  AS  THE
 COMMISSIONER DEEMS APPROPRIATE, OF THE NAMES AND OTHER APPROPRIATE IDEN-
 TIFYING  INFORMATION  OF  THOSE PERSONS REQUIRED TO PAY STATE ASSESSMENT
 FEE UNDER THIS ARTICLE.
   (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 THE COMMISSIONER, IN HIS OR HER DISCRETION, MAY REQUIRE OR PERMIT ANY OR
 ALL PERSONS LIABLE FOR ANY STATE ASSESSMENT FEE IMPOSED BY THIS ARTICLE,
 TO MAKE PAYMENT TO BANKS, BANKING HOUSES OR TRUST  COMPANIES  DESIGNATED
 BY  THE COMMISSIONER AND TO FILE RETURNS WITH SUCH BANKS, BANKING HOUSES
 OR TRUST COMPANIES AS AGENTS OF THE COMMISSIONER, IN LIEU OF PAYING  ANY
 SUCH  STATE  ASSESSMENT  FEE  DIRECTLY TO THE COMMISSIONER. HOWEVER, THE
 COMMISSIONER SHALL DESIGNATE ONLY SUCH BANKS, BANKING  HOUSES  OR  TRUST
 COMPANIES  AS  ARE ALREADY DESIGNATED BY THE COMPTROLLER AS DEPOSITORIES
 PURSUANT TO SECTION TWELVE HUNDRED EIGHTY-EIGHT OF THIS CHAPTER.
   (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 THE COMMISSIONER MAY PERMIT THE SECRETARY OF THE TREASURY OF THE  UNITED
 STATES OR SUCH SECRETARY'S DELEGATE, OR THE AUTHORIZED REPRESENTATIVE OF
 EITHER  SUCH OFFICER, TO INSPECT ANY RETURN FILED UNDER THIS ARTICLE, OR
 MAY FURNISH TO SUCH OFFICER OR SUCH OFFICER'S AUTHORIZED  REPRESENTATIVE
 AN  ABSTRACT  OF  ANY SUCH RETURN OR SUPPLY SUCH PERSON WITH INFORMATION
 CONCERNING AN ITEM CONTAINED IN ANY SUCH RETURN,  OR  DISCLOSED  BY  ANY
 INVESTIGATION OF LIABILITY UNDER THIS ARTICLE, BUT SUCH PERMISSION SHALL
 BE  GRANTED OR SUCH INFORMATION FURNISHED ONLY IF THE LAWS OF THE UNITED
 STATES GRANT SUBSTANTIALLY SIMILAR PRIVILEGES  TO  THE  COMMISSIONER  OR

 S. 1264                            28
 
 OFFICER  OF  THIS  STATE  CHARGED  WITH  THE ADMINISTRATION OF THE STATE
 ASSESSMENT FEE IMPOSED BY THIS ARTICLE, AND ONLY IF SUCH INFORMATION  IS
 TO BE USED FOR PURPOSES OF TAX ADMINISTRATION ONLY; AND PROVIDED FURTHER
 THE  COMMISSIONER MAY FURNISH TO THE COMMISSIONER OF INTERNAL REVENUE OR
 SUCH COMMISSIONER'S AUTHORIZED REPRESENTATIVE SUCH RETURNS  FILED  UNDER
 THIS ARTICLE AND OTHER TAX INFORMATION, AS SUCH COMMISSIONER MAY CONSID-
 ER  PROPER,  FOR  USE IN COURT ACTIONS OR PROCEEDINGS UNDER THE INTERNAL
 REVENUE CODE, WHETHER CIVIL OR CRIMINAL, WHERE A WRITTEN REQUEST  THERE-
 FOR  HAS  BEEN MADE TO THE COMMISSIONER BY THE SECRETARY OF THE TREASURY
 OF THE UNITED STATES OR SUCH SECRETARY'S DELEGATE, PROVIDED THE LAWS  OF
 THE UNITED STATES GRANT SUBSTANTIALLY SIMILAR POWERS TO THE SECRETARY OF
 THE  TREASURY  OF  THE  UNITED  STATES OR HIS OR HER DELEGATE. WHERE THE
 COMMISSIONER HAS SO AUTHORIZED USE OF RETURNS AND OTHER  INFORMATION  IN
 SUCH  ACTIONS  OR  PROCEEDINGS, OFFICERS AND EMPLOYEES OF THE DEPARTMENT
 MAY TESTIFY IN SUCH ACTIONS OR PROCEEDINGS IN RESPECT TO SUCH RETURNS OR
 OTHER INFORMATION.
   (D) RETURNS AND REPORTS FILED UNDER THIS ARTICLE  SHALL  BE  PRESERVED
 FOR  THREE YEARS AND THEREAFTER UNTIL THE COMMISSIONER ORDERS THEM TO BE
 DESTROYED.
   (E) (1) ANY OFFICER OR EMPLOYEE OF THE STATE  WHO  WILLFULLY  VIOLATES
 THE  PROVISIONS  OF  SUBDIVISION  (A) OF THIS SECTION SHALL BE DISMISSED
 FROM OFFICE AND BE INCAPABLE OF HOLDING ANY PUBLIC OFFICE FOR  A  PERIOD
 OF FIVE YEARS THEREAFTER.
   (2)  CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE THIRTY-SEVEN
 OF THIS CHAPTER.
   § 1297. PRACTICE AND PROCEDURE. THE PROVISIONS OF ARTICLE TWENTY-SEVEN
 OF THIS CHAPTER SHALL APPLY WITH RESPECT TO THE  ADMINISTRATION  OF  AND
 PROCEDURE WITH RESPECT TO THE STATE ASSESSMENT FEE IMPOSED BY THIS ARTI-
 CLE  IN  THE  SAME  MANNER  AND WITH THE SAME FORCE AND EFFECT AS IF THE
 LANGUAGE OF SUCH ARTICLE TWENTY-SEVEN HAD BEEN INCORPORATED IN FULL INTO
 THIS ARTICLE AND HAD EXPRESSLY REFERRED  TO  THE  STATE  ASSESSMENT  FEE
 UNDER  THIS  ARTICLE,  EXCEPT  TO  THE EXTENT THAT ANY SUCH PROVISION IS
 EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS NOT  RELEVANT
 TO THIS ARTICLE.
   § 1298.  DEPOSIT AND DISPOSITION OF REVENUE. ALL TAXES, FEES, INTEREST
 AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER THIS ARTI-
 CLE  SHALL  BE  DEPOSITED  AND DISPOSED OF PURSUANT TO THE PROVISIONS OF
 SECTION ONE HUNDRED SEVENTY-ONE-A OF  THIS  CHAPTER.  FROM  SUCH  TAXES,
 INTEREST  AND  PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER
 THIS ARTICLE, TWENTY-FIVE PERCENT SHALL BE DEPOSITED TO THE CREDIT OF  A
 DEDICATED  TRANSPORTATION  FUND ESTABLISHED PURSUANT TO A CHAPTER OF THE
 LAWS OF TWO THOUSAND SEVENTEEN FOR THE SUPPORT OF TRANSPORTATION RELATED
 NEEDS THROUGHOUT THE STATE.
   § 17. The tax law is amended by adding a new section 1822 to  read  as
 follows:
   §  1822.  VIOLATION  OF  THE  STATE  ASSESSMENT  FEE ON TRANSPORTATION
 NETWORK COMPANY PREARRANGED TRIPS. ANY WILLFUL ACT OR  OMISSION  BY  ANY
 PERSON  THAT CONSTITUTES A VIOLATION OF ANY PROVISION OF ARTICLE TWENTY-
 NINE-B OF THIS CHAPTER SHALL CONSTITUTE A MISDEMEANOR.
   § 18. Section 1825 of the tax law, as amended by section 89 of part  A
 of chapter 59 of the laws of 2014, is amended to read as follows:
   §  1825.  Violation  of secrecy provisions of the tax law.--Any person
 who violates the provisions of subdivision (b)  of  section  twenty-one,
 subdivision one of section two hundred two, subdivision eight of section
 two  hundred  eleven, subdivision (a) of section three hundred fourteen,
 subdivision one or two of section  four  hundred  thirty-seven,  section

 S. 1264                            29
 
 four  hundred  eighty-seven,  subdivision  one  or  two  of section five
 hundred fourteen, subsection (e) of section  six  hundred  ninety-seven,
 subsection  (a)  of section nine hundred ninety-four, subdivision (a) of
 section  eleven  hundred forty-six, section twelve hundred eighty-seven,
 SECTION TWELVE HUNDRED NINETY-SIX, subdivision (a) of  section  fourteen
 hundred  eighteen,  subdivision (a) of section fifteen hundred eighteen,
 subdivision (a) of section fifteen hundred fifty-five of  this  chapter,
 and subdivision (e) of section 11-1797 of the administrative code of the
 city of New York shall be guilty of a misdemeanor.
   §  19. 1. For purposes of this section, transportation network company
 shall mean a  transportation  network  company  as  defined  by  article
 forty-four-B of the vehicle and traffic law.
   2.  There  is  hereby  established  the  New York State Transportation
 Network Company Accessibility Task Force to analyze and advise on how to
 maximize effective and integrated transportation  services  for  persons
 with  disabilities in the transportation network company market. The New
 York State Transportation Network Company Accessibility Task Force shall
 consist of eleven members. Two members of the New York State Transporta-
 tion Network Company Accessibility Task Force shall be appointed by  the
 speaker  of  the assembly. Two members of the New York State Transporta-
 tion Network Company Accessibility Task Force shall be appointed by  the
 temporary  president  of the senate. Seven members of the New York State
 Transportation  Network  Company  Accessibility  Task  Force  shall   be
 appointed  by the governor and shall include, but not be limited to, two
 representatives of groups who serve persons with  disabilities  and  two
 representatives  from  a  transportation  network  company. The governor
 shall designate two chairpersons to the New  York  State  Transportation
 Network Company Accessibility Task Force.
   3.  The  New  York  State Transportation Network Company Accessibility
 Task Force shall study the demand responsive transportation  marketplace
 and shall, in addition to any responsibilities assigned by the governor:
 (a)  conduct a needs assessment concerning the demand for demand respon-
 sive  accessible  transportation;  (b)  conduct  a  resource  assessment
 concerning  the availability of accessible demand responsive transporta-
 tion services for persons with disabilities; (c) identify  opportunities
 for,  and barriers to, increasing accessible demand responsive transpor-
 tation service for persons with mobility disabilities; (d) propose stra-
 tegies  for  increasing  accessible  demand  responsive   transportation
 service  for  persons with disabilities; and (e) any other issues deter-
 mined important to the  task  force  in  establishing  a  recommendation
 pursuant to subdivision five of this section.
   4.  The  New  York  State Transportation Network Company Accessibility
 Task Force shall hold public hearings and  provide  an  opportunity  for
 public  comment  on  the activities described in subdivision two of this
 section.
   5. The New York State  Transportation  Network  Company  Accessibility
 Task  Force  shall complete a report addressing the activities described
 in subdivision two of this section and make a recommendation,  supported
 by  such  activities, recommending the amount of accessibility necessary
 for adequate transportation for disabled passengers in order to  utilize
 transportation  network  companies and present such findings at a public
 meeting where its members shall accept such report, pursuant to majority
 vote of the task force, and present such report  to  the  governor,  the
 speaker  of  the assembly and the temporary president of the senate, and
 make such report publicly available for review.

 S. 1264                            30

   6. Upon making the  report  described  in  subdivision  five  of  this
 section, the New York State Transportation Network Company Accessibility
 Task Force shall be deemed dissolved.
   §  20. Severability clause. If any provision of this act or the appli-
 cation thereof is held invalid, such invalidity shall not  affect  other
 provisions or applications of this act which can be given effect without
 the  invalid provision or application, and to this end the provisions of
 this act are declared to be severable.
   § 21. Each agency that is designated to perform any function  or  duty
 pursuant  to  this  act shall be authorized to establish rules and regu-
 lations for the administration and execution  of  such  authority  in  a
 manner consistent with the provisions of this act and for the protection
 of the public, health, safety and welfare of persons within this state.
   §  22.  This act shall take effect on the ninetieth day after it shall
 have become a law; provided that the  amendments  to  subdivision  1  of
 section  171-a of the tax law made by section fourteen of this act shall
 not affect the expiration of such subdivision and  shall  expire  there-
 with,  pursuant  to  section  12  of  chapter 90 of the laws of 2014, as
 amended, when upon such date the provisions  of  section  fourteen-a  of
 this act shall take effect.