BILL NUMBER: S8929

SPONSOR: GOLDEN
 
TITLE OF BILL:

An act to amend the executive law, in relation to extending workers'
compensation coverage to certain TNC drivers; and to amend part AAA of
chapter 59 of the laws of 2017, amending the vehicle and traffic law and
other laws relating to the regulation of transportation network company
services and establishing the New York State TNC Accessibility Task
Force and the New York state transportation network company review
board, in relation to the effectiveness thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure that transportation network compa-
ny (TNC) drivers that are waiting to become engaged in a TNC prearranged
trip continue to receive workers' compensation coverage.

 
SUMMARY OF PROVISIONS:

              

This bill would eliminate provisions of the law that would permit the
New York Black Car Operators' Injury Compensation Fund, Inc. to cease
providing workers' compensation coverage to TNC drivers that are logged
onto a TNC digital network and are not engaged in a TNC prearranged trip
but are engaged in an activity reasonably related to driving as a TNC
driver, taking into consideration the time, place and manner of such
activity.

This bill would also amend the effective date of Part AAA of Chapter 59
of the Laws of 2017 to ensure that the provisions of law authorizing
such coverage will not be repealed.

 
JUSTIFICATION:

Part AAA of Chapter 59 of the Laws of 2017 authorized transportation
network companies (TNCs) to operate in New York State while also ensur-
ing that passengers and drivers have access to important consumer and
worker protections. In order to guarantee that drivers are properly
compensated for injuries related to INC activity, the legislation
provided all TNC drivers with workers' compensation coverage through the
existing New York Black Car Operators' Injury Compensation Fund, Inc.
for the first twelve months of authorization.  However, after June 29,
2018, workers' compensation coverage for drivers not engaged in a TNC
prearranged trip, but engaged in an activity reasonably related to driv-
ing as a TNC driver, will no longer be provided to new drivers that join
a TNC digital network.  Coverage for drivers engaged in a TNC prear-
ranged trip, as defined in Article 44-B of the Vehicle and Traffic Law,
will remain unchanged; any TNC driver permitted to operate prior to the
repeal of such obligation will also not see a reduction in coverage.
Nevertheless, while the enacting legislation required the New York Black
Car Operators' Injury Compensation Fund, Inc. to complete a study on the
impact of the inclusion of INC drivers on such fund no later than ten
months after its effective date, the Fund has yet to produce a report to
provide any insight into such matters.

As a result, it is important that all TNC drivers continue to receive
proper compensation for injuries related to TNC activity, no matter what
period of a prearranged trip they are engaged in. This legislation will
ensure that all TNC drivers will continue to receive workers' compen-
sation coverage through the New York Black Car Operators' Injury Compen-
sation Fund, Inc.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect immediately.