The New York State Senate

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

                                  1316

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by  M.  of  A.  PAULIN,  SANTABARBARA, FAHY -- read once and
  referred to the Committee on Transportation

AN ACT to establish the  passenger  safety  task  force  on  safety  for
  passengers transported by stretch limousines

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

  Section 1. Passenger safety task force. 1. The passenger  safety  task
force  (the  "task  force")  is hereby established, and shall consist of
twenty members including two co-chairs who will share joint responsibil-
ity for carrying out its charge. The chairs shall be the commissioner of
the New York state department of motor vehicles, or his or her designee,
and the commissioner of the New York state department of transportation,
or his or her designee. The additional eighteen members shall include:
  a. eleven representatives, each of whom shall be an owner  or  commer-
cial  operator  of  stretch  limousines from each of the eleven New York
state department of transportation regions;
  b. the superintendent of the New York state  police,  or  his  or  her
designee;
  c.  two members who shall be appointed by the governor, one of whom is
a community safety advocate;
  d. two members who shall be appointed by the  temporary  president  of
the senate, one of whom is a community safety advocate; and
  e.  two members who shall by appointed by the speaker of the assembly,
one of whom is a community safety advocate.
  2. Members of the task force shall serve without compensation.
  3. The task force shall undertake a review of the actions and measures
that are needed to ensure safe, adequate, efficient and reliable passen-
ger transportation by stretch limousine and shall issue a  final  report
and make recommendations regarding:
  a.  the  promotion of enhanced coordination and uniformity between the
New York state department of motor  vehicles  and  the  New  York  state

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

                                                           LBD01679-01-9

A. 1316                             2

department  of transportation regarding the regulation of stretch limou-
sines;
  b. the establishment and adoption of a uniform safety training program
for  drivers.  Such program should include a component which shall train
drivers to conduct a safety demonstration  with  passengers  instructing
them on the use of seatbelts and any other relevant safety measures that
may be deemed useful;
  c. the appropriateness of extending federal regulations that currently
apply  to  bus drivers to stretch limousines, including, but not limited
to extending the requirement for alcohol and drug testing to drivers  of
vehicles with ten occupants or more;
  d.  establishing  a  limit  on  the  maximum  allowable time frame for
stretch limousines to be permitted to operate on state roadways, includ-
ing a possible limit of ten years or 350,000 miles;
  e. the need for additional safety measures, including  traffic  safety
measures  such  as prohibiting drivers from making U-turns or the use of
hands-free devices while operating a stretch limousine except  in  cases
of  emergency  or  for  purposes of dispatch, and requiring that certain
safety features be installed in these vehicles, including but not limit-
ed to requiring multiple anti-intrusion  bars  in  side  panels,  carbon
monoxide monitors, and rear view cameras; and
  f. increasing the minimum age for drivers to obtain a license to oper-
ate stretch limousines.
  4. The task force shall, within six months of convening, issue a final
report  and  recommendations to the governor, the temporary president of
the senate, and the speaker of the assembly.
  5. For the purposes of this section, "stretch  limousine"  shall  mean
any  for  hire  vehicle  with  a chassis which was manufactured and then
altered for the purpose of transporting ten or more occupants, including
the driver.
  § 2. This act shall take effect immediately.

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

                                 1316--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by  M.  of  A. PAULIN, SANTABARBARA, FAHY, McDONALD, THIELE,
  ARROYO, GALEF, D'URSO, BLAKE,  GOTTFRIED,  COOK,  GRIFFIN,  McDONOUGH,
  LAWRENCE  -- Multi-Sponsored by -- M. of A. DeSTEFANO -- read once and
  referred to the Committee on Transportation --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to establish the  passenger  safety  task  force  on  safety  for
  passengers transported by stretch limousines

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

  Section 1. Passenger safety task force. 1. The passenger  safety  task
force is hereby established, and shall consist of twenty members includ-
ing  two  co-chairs who will share joint responsibility for carrying out
its charge. The chairs shall be the commissioner of the New York depart-
ment of motor vehicles, or his or her designee, and the commissioner  of
the  New  York department of transportation, or his or her designee. The
additional eighteen members shall include:
  a. eleven representatives, each of whom shall be an owner  or  commer-
cial  operator  of  stretch  limousines from each of the eleven New York
department of transportation regions;
  b. the superintendent of the New York state  police,  or  his  or  her
designee;
  c.  two members who shall be appointed by the governor, one of whom is
a community safety advocate;
  d. two members who shall be appointed by the  temporary  president  of
the senate, one of whom is a community safety advocate; and
  e.  two members who shall by appointed by the speaker of the assembly,
one of whom is a community safety advocate.
  2. Members of the task force shall serve without compensation.
  3. The task force shall undertake a review of the actions and measures
that are needed to ensure safe, adequate, efficient and reliable passen-

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

                                                           LBD01679-02-9

A. 1316--A                          2

ger transportation by stretch limousine and shall issue a  final  report
and make recommendations regarding:
  a.  the  promotion of enhanced coordination and uniformity between the
New York department of motor vehicles and the  New  York  department  of
transportation regarding the regulation of stretch limousines, including
an  examination into how the department of transportation and department
of motor vehicles can share necessary  information,  including  but  not
limited   to   inspection   status  and  relevant  traffic  or  criminal
convictions, in real time;
  b. the establishment and adoption of a uniform safety training program
for drivers. Such program should include a component which  shall  train
drivers  to  conduct  a safety demonstration with passengers instructing
them on the use of seatbelts and any other relevant safety measures that
may be deemed useful;
  c. the appropriateness of extending federal regulations that currently
apply to bus drivers to stretch limousines, including, but  not  limited
to  extending the requirement for alcohol and drug testing to drivers of
vehicles with ten occupants or more;
  d. establishing a limit  on  the  maximum  allowable  time  frame  for
stretch limousines to be permitted to operate on state roadways, includ-
ing a possible limit of ten years or 350,000 miles;
  e.  the  need for additional safety measures, including traffic safety
measures such as prohibiting drivers from making U-turns or the  use  of
hands-free  devices  while operating a stretch limousine except in cases
of emergency or for purposes of dispatch,  and  requiring  that  certain
safety features be installed in these vehicles, including but not limit-
ed  to  requiring  multiple  anti-intrusion  bars in side panels, carbon
monoxide monitors, and rear view cameras, airbags, speed restriction  or
governing  devices to limit top vehicle speeds, New York state owned and
operated inspection  stations  solely  for  stretch  limousines,  random
on-site stretch limousine inspections, appropriate notice or signage for
customers,  and  the  feasibility and necessity of having New York state
run crash testing for stretch limousines; and
  f. increasing the minimum age for drivers to obtain a license to oper-
ate stretch limousines.
  4. The task force shall convene at least one public forum in the state
for purposes of soliciting public commentary on stretch limousine  safe-
ty.  The task force shall, within six months of convening, issue a final
report and recommendations to the governor, the temporary  president  of
the senate, and the speaker of the assembly.
  5.  For  the  purposes of this act, "stretch limousine" shall mean any
for hire vehicle with a chassis which was manufactured and then  altered
for  the  purpose  of transporting nine or more occupants, including the
driver.
  6. To effectuate the purposes of this act, the task force may  request
and  shall receive from any department, division, board, bureau, commis-
sion or other agency of the state or any  state  public  authority  such
assistance,  information  and  data as will enable the board properly to
carry out its powers and duties hereunder. Provided, however, that noth-
ing set forth in this section shall be construed to impede, infringe  or
diminish  the rights and benefits that accrue to employees and employers
through collective bargaining agreements, or impact or change an employ-
ee's membership in a bargaining unit.
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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

                                 1316--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by  M.  of  A. PAULIN, SANTABARBARA, FAHY, McDONALD, THIELE,
  ARROYO, GALEF, D'URSO, BLAKE,  GOTTFRIED,  COOK,  GRIFFIN,  McDONOUGH,
  LAWRENCE,  STECK  --  Multi-Sponsored by -- M. of A. DeSTEFANO -- read
  once and referred to the  Committee  on  Transportation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Transportation in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to establish the stretch limousine passenger safety task force;
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section  1. Stretch limousine passenger safety task force. 1. There is
hereby created the "stretch  limousine  passenger  safety  task  force",
hereinafter  referred to as the "task force", to conduct a comprehensive
review of matters influencing  the  safety,  adequacy,  efficiency,  and
reliability  of  stretch  limousine  transportation  of  passengers  for
compensation.
  2. Such task force shall consist of  twenty-one  members  which  shall
include  the  commissioner of motor vehicles or his or her designee, the
commissioner of transportation or his or her designee,  the  superinten-
dent  of  the New York state police or his or her designee, and eighteen
other members to be appointed by the governor as follows: three upon the
recommendation of the temporary president of the senate, three upon  the
recommendation  of the speaker of the assembly, one upon the recommenda-
tion of the minority leader of the senate, one upon  the  recommendation
of  the  minority leader of the assembly, and ten without recommendation
from any other person. Of the appointed members, two shall  have  exper-
tise  in  fields  or  disciplines  related  to  motor  vehicle  occupant

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

                                                           LBD01679-03-9

A. 1316--B                          2

protection, two shall have expertise in fields or disciplines related to
motor vehicle crash  avoidance  and  crash-worthiness,  two  shall  have
expertise  in  fields or disciplines related to motor vehicle alteration
and  construction,  two  shall  have  expertise in fields or disciplines
related to commercial motor vehicle driver training, two shall be repre-
sentative of the traffic safety community, two shall  be  representative
of  the  consumer protection and public health and safety community, and
six shall be representative of owner or commercial operator  of  stretch
limousines  from each of the six motor carrier safety assistance program
(MCSAP) regions as established by the commissioner of transportation.
  3. Members of the task force shall  serve  without  compensation.  Any
vacancies  on  the task force shall be filled in the manner provided for
in the initial appointment.
  4. The commissioner of transportation and the  commissioner  of  motor
vehicles shall serve as joint chairs of the task force.
  5.  The  task  force  shall  be authorized to hold public hearings and
meetings, and to consult with any organization, educational institution,
or other government entity or person, to enable  it  to  accomplish  its
duties.  The  task  force  shall hold at least one public hearing in the
state for the purpose of soliciting public comment on stretch  limousine
safety.
  6.  To effectuate the purposes of this act, the task force may request
and shall receive from any department, division, board, bureau,  commis-
sion  or  other  agency  of the state or any state public authority such
assistance, information and data as will enable the task force to  prop-
erly carry out its powers and duties hereunder.
  7. The task force shall undertake a review of the actions and measures
that  are  needed  to ensure safe, adequate, efficient and reliable for-
hire passenger transportation by stretch limousine and make  recommenda-
tions regarding:
  a.  enhanced coordination between the department of motor vehicles and
the department of transportation regarding  the  regulation  of  stretch
limousines,  including  an examination into how the department of trans-
portation and department of motor vehicles can share necessary  informa-
tion  related  to  stretch limousines and their operators including, but
not  limited  to,  inspection  status,  registration  status,  operating
certificate   or   permit  status,  and  relevant  traffic  or  criminal
convictions, in real time, and regarding the best uses for a  smartphone
application, website, or hotline;
  b. the establishment and adoption of a uniform safety training program
for  drivers  of stretch limousines, including a component to train such
drivers to conduct a safety demonstration  with  passengers  instructing
them on the use of seatbelts and any other relevant safety measures that
may be deemed useful;
  c.  the  appropriateness of extending vehicle and traffic law require-
ments and regulations that currently apply to bus drivers under  article
19-A of such law to drivers of stretch limousines;
  d.  the  appropriateness of establishing a limit on the maximum allow-
able time frame for stretch limousines to be  permitted  to  operate  on
roadways  within  the  state,  such  as a possible limit of ten years or
350,000 miles;
  e. a review of federal laws and rules as they relate to the regulation
of stretch limousines, including but not limited to,  identification  of
the  subject  areas  specifically  regulated  by federal laws and rules,
whether and to what extent federal laws and rules preempt  state  action
with  respect  to  the  regulation  of  stretch limousines, and areas of

A. 1316--B                          3

stretch limousine regulation which  are  subject  to  oversight  by  the
states; and
  f.  the  need  for  additional safety measures for stretch limousines,
including, but not limited to, increasing the minimum age for drivers to
obtain a license to operate  stretch  limousines;  the  installation  of
safety features in such vehicles such as multiple anti-intrusion bars in
side panels, roll-over protection devices such as cages or pillars, rear
emergency  exits including push-out windows, rear view cameras, airbags,
carbon monoxide monitors, and speed restriction or governing devices  to
limit  top  vehicle  speeds; appropriate notice or signage for customers
and passengers; and the feasibility and necessity  of  having  New  York
state run crash testing for stretch limousines.
  8.  The  task  force  shall,  on  or before May 1, 2021, issue a final
report and recommendations to the governor, the temporary  president  of
the senate, and the speaker of the assembly.
  9.  For  the  purposes of this act, the term "stretch limousine" shall
mean any motor vehicle with a chassis which was altered post-manufacture
and having a seating capacity of nine or more passengers, including  the
driver,  used  in  the  business  of transporting passengers for compen-
sation.
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have  become  a law and shall expire and be deemed repealed December 31,
2021.