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.