S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5948
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
   Committee on Labor
 
 AN ACT to amend the executive law, in relation to the authority  of  the
   New  York  black  car  operators'  injury  compensation  fund, inc. to
   provide additional benefits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1  and 2 of section 160-jj of the executive
 law, as added by chapter 49 of the laws of 1999, are amended to read  as
 follows:
   1.  To pay (a) the costs of the insurance purchased pursuant to subdi-
 vision three of section one hundred sixty-ii of this article or (b)  the
 benefits  due  under the workers' compensation law in the event the fund
 self-insures pursuant to subdivision two of section one hundred sixty-ii
 of this article, and to pay (c) its expenses in carrying out its  powers
 and  duties under this article and (d) its liabilities, if any, pursuant
 to section fourteen-a of the workers' compensation law AND (E) THE COSTS
 INCURRED BY A THIRD-PARTY NOT-FOR-PROFIT ORGANIZATION, AS AUTHORIZED  BY
 THE  FUND,  IN  EDUCATING,  SOURCING, ENROLLING INTO AND PROVIDING LARGE
 GROUPS OF BLACK  CAR  OPERATORS  WITH  ADDITIONAL  HEALTH  SERVICES  AND
 RELATED  BENEFITS THAT BLACK CAR OPERATORS DO NOT TYPICALLY HAVE OR HAVE
 ACCESS TO INCLUDING, BUT NOT LIMITED TO, HEALTH INSURANCE,  LIFE  INSUR-
 ANCE,  DISABILITY  INSURANCE,  VISION  INSURANCE, DENTAL INSURANCE, PAID
 LEAVE, RETIREMENT SERVICES,  AND  FINANCIAL  SERVICES,  the  fund  shall
 ascertain by reasonable estimate the total funding necessary to carry on
 its operations.
   2. Based upon its estimation of operating costs, the fund shall estab-
 lish  a  proposed  uniform  percentage  surcharge to be added to (a) the
 invoices or billings for covered services sent to the customers  of  the
 fund's  members by a member or its agent and (b) the credit payments for
 covered services received  by  a  member  or  its  agent.  The  proposed

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

                                                            LBD06044-03-9

 A. 5948                             2
 
 surcharge  shall become effective thirty days after being filed with the
 department. Notwithstanding the foregoing, beginning on the first day of
 the first calendar month that shall commence at least seventy-five  days
 after  the effective date of this article, and until the fund shall have
 filed with the department a different surcharge amount, a three  percent
 surcharge  shall  be  added  to  every  invoice  or  billing for covered
 services sent by a member or its agent to, and every credit payment  for
 covered  services  received by a member or its agent from, the customers
 of the fund's members. THE SURCHARGE AMOUNTS  NOT  RELATED  TO  WORKERS'
 COMPENSATION BENEFITS AND ALLOCATED FOR PARAGRAPH (E) OF SUBDIVISION ONE
 OF  THIS  SECTION  SHALL  NOT  BE  LESS THAN FIVE PERCENT NOR SHALL THEY
 EXCEED TEN PERCENT. Each member of the fund shall be liable for  payment
 to  the  fund  of  an amount equal to the product of (i) the percentages
 surcharge due pursuant to this article, divided by one hundred and  (ii)
 all  payments  received  by the member or its agent for covered services
 from the member's customers, as provided in this subdivision, regardless
 of whether the surcharge was billed or charged.
   § 2. Paragraphs (f), (g) and (h) of subdivision 2 of section 160-gg of
 the executive law are relettered paragraphs (g), (h) and (i) and  a  new
 paragraph (f) is added to read as follows:
   (F)  ESTABLISH  A  PROCEDURE TO ENSURE DELIVERY OF PROMPT AND ACCURATE
 DATA TO DETERMINE WHETHER A BLACK CAR OPERATOR IS ELIGIBLE FOR  BENEFITS
 UNDER  PARAGRAPH  (E) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-JJ
 OF THIS ARTICLE FOR INSTANCES WHERE THE BLACK CAR OPERATOR WORKS  ACROSS
 MULTIPLE  CENTRAL DISPATCH FACILITIES AS DEFINED IN SUBDIVISION THREE OF
 SECTION ONE HUNDRED SIXTY-CC OF THIS ARTICLE;
   § 3. Section 160-jj of the executive law is amended by adding two  new
 subdivisions (8) and (9) to read as follows:
   (8)  THE  THIRD  PARTY  NOT-FOR-PROFIT ORGANIZATION PROVIDING BENEFITS
 PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION, SHALL HAVE
 EXPERIENCE IN PROVIDING (PROCURING, SOURCING  OR  DISTRIBUTING)  ONE  OR
 MORE OF THE BENEFITS TO BE PROVIDED TO MORE THAN FIVE THOUSAND BLACK CAR
 OPERATORS.  THE FUND SHALL CHOOSE THIS THIRD-PARTY NOT-FOR-PROFIT ORGAN-
 IZATION WITH THE ADVICE AND CONSENT  OF  A  DRIVER'S  LABOR  GROUP  THAT
 EXISTS  FOR THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING THE INTER-
 ESTS OF BLACK CAR OPERATORS. THE LABOR GROUP SHALL (A) BE A NOT-FOR-PRO-
 FIT ORGANIZATION HAVING TAX EXEMPT STATUS UNDER SECTION 501 (C)  (3)  OF
 THE  UNITED STATES INTERNAL REVENUE CODE, AND (B) HAVE BEEN REPRESENTING
 THE INTERESTS OF BLACK CAR OPERATORS FOR A MINIMUM OF TWO YEARS.
   (9) NO COUNTY, MUNICIPALITY OR PUBLIC AUTHORITY OR COMMISSION  OPERAT-
 ING WITHIN A COUNTY OR MUNICIPALITY SHALL HAVE THE AUTHORITY TO IMPOSE A
 SURCHARGE  ON BLACK CAR OPERATORS OR SERVICES FOR THE PURPOSE OF PROVID-
 ING BENEFITS PURSUANT TO  PARAGRAPH  (E)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.