NY State Senate Bill S6189C

Archive: Last Bill Status Via A1316 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (24)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2020	signed chap.3
Jan 30, 2020	delivered to governor
Jan 14, 2020	returned to assembly passed senate 3rd reading cal.78 substituted for s6189c
Jan 14, 2020	substituted by a1316c
Jan 13, 2020	ordered to third reading cal.78 reported and committed to rules
Jan 10, 2020	print number 6189c
Jan 10, 2020	amend and recommit to transportation
Jan 08, 2020	print number 6189b
Jan 08, 2020	amend (t) and recommit to transportation referred to transportation returned to senate died in assembly
Jun 06, 2019	referred to transportation delivered to assembly passed senate
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal. amended 6189a
May 30, 2019	1st report cal.1087
May 21, 2019	referred to transportation

Votes

view votes

Jan 14, 2020 - floor Vote

A1316C

floor

Aye

Nay

Absent

Excused

Abstained

Jan 13, 2020 - Rules committee Vote

S6189C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 13, 2020 - Transportation committee Vote

S6189C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 6, 2019 - floor Vote

S6189A

floor

Aye

Nay

Absent

Excused

Abstained

May 30, 2019 - Transportation committee Vote

S6189

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

S6189 - Details

See Assembly Version of this Bill:: A1316
Law Section:: Vehicle and Traffic
Versions Introduced in 2017-2018 Legislative Session:: A11386

S6189 - Summary

Establishes the stretch limousine passenger safety task force to conduct a comprehensive review of matters influencing the safety, adequacy, efficiency, and reliability of stretch limousine transportation of passengers for compensation.

S6189 - Sponsor Memo

 
BILL NUMBER: S6189

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to establish the passenger safety task force on
safety for passengers transported by stretch limousines

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a Passenger Safety Task Force to study issues related to safe-
ty for passengers transported by.stretch limousines.

 
SUMMARY OF PROVISIONS:

Section one of the bill creates. the Passenger. Safety Task Force. The
task force will consist of twenty members, with the Commissioners of the
New York State Department of Motor Vehicles and the New York State
Department of Transportation serving as co-chairs. The additional eigh-
teen members will include representatives from each of the eleven
Department of Transportation regions, the superintendent of the New York
State Police, and six members appointed by the Governor, the Temporary
President of the Senate, and the Speaker of the Assembly.

The task force shall undertake a review of the actions and measures that
are needed to ensure safe, adequate, efficient and reliable passenger
transportation by stretch limousine. The task force 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 Department of Transportation
regarding the regulation of stretch limousines; (b) the establishment
and adoption of a uniform safety training program for drivers; (c) the
appropriateness of extending federal regulations that currently apply to
busdrivers to stretch limousines; (d) ,establishing a limit on the maxi-
mum allowable time frame for stretch limousines to be permitted to oper-
ate on state roadways; (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, and mandating installation of safety features like
multiple antiintrusion bars, in side panels, carbon monoxide monitors,
rear view cam eras, having New York State owned and operated inspection
stations for stretch limousines and providing for random spot vehicle
inspections, providing appropriate signage for customers, and the feasi-
bility of a New York State crash testing program; and (f) increasing
minimum age for drivers to obtain a license to, operate stretch limou-
sines.

The task force is directed to convene at least one public forum and
issue its final report within six months of convening.

Section two provides the effective date.

 
JUSTIFICATION:

Stretch limousines are the vehicle of choise for many happy occasions,
from family events, to birthdays, to weddings, to the annual ritual of
prom. But they also present unique challenges that implicate the safety
of drivers and passengers alike.

As with any area where multiple state agencies must collaborate, period-
ic review of inter-agency and external communication is critical to
ensure passenger safety. Additionally, the current, set of regulations
does not reflect the ever-changing array of safety features available to
other motor vehicles that may be practically deployed in a stretch
limousine. Finally, there are a number of questions that are specific to
stretch limousines, such as whether there is an upper limit that ought
to be established in terms of how long or for how many miles such a
vehicle ought to be allowed to operate on the state's roadways.

The need for this review was underscored by the tragic July 2015 limou-
sine crash in Cutchogue, New York that killed four people and injured
four others. It was further reinforced by the final report and recommen-
dations of the Suffolk County Supreme Court Special Grand Jury, which
was impaneled to investigate that Cutchogue crash and suggested a number
of improvements in passenger safety and regulation that ought to be made
at the state and county level. It has been prompted anew in the wake of
another, even deadlier crash in Schoharie, NY.

The legislation implements this recommendation from the Special Grand
Jury report by creating a task force of owners and operators of busi-
nesses that utilize stretch limousines throughout the different
geographic regions of the state, understanding that the particular
issues in New York City may not be those experienced in Buffalo or Syra-
cuse, to say nothing of suburban and rural communities. The task force
would be convened and co-chaired by the designee of the Commissioner of
the NYS Department of Transportation and the Commissioner of the NYS
Department of Motor Vehicles. Since law enforcement will be required to
enforce any changes, the State Police ought to be represented as well.

Finally, the Governor, Speaker of the Assembly, and President of the
Senate would select additional appointees including representatives from
community groups and those with deep knowledge and commitment to the
issues of traffic safety and reducing accidents and fatalities more
broadly.

 
PRIOR LEGISLATIVE HISTORY:.

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
30 days after being signed into law.

S6189 - Bill Text download pdf


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

                                  6189

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 21, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
  printed to be committed 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 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-
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

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

                                                           LBD11953-01-9

S. 6189                             2

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.

Co-Sponsors

S6189A - Details

See Assembly Version of this Bill:: A1316
Law Section:: Vehicle and Traffic
Versions Introduced in 2017-2018 Legislative Session:: A11386

S6189A - Summary

S6189A - Sponsor Memo

 
BILL NUMBER: S6189A

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to establish the passenger safety task force on
safety for passengers transported by stretch limousines

 
PURPOSE OR GENERAL IDEA OF BILL::

To create a Passenger Safety Task Force to study issues related to safe-
ty for passengers transported by stretch limousines.

 
SUMMARY OF PROVISIONS::

Section one of the bill creates the Passenger Safety Task Force. The
task force will consist of twenty members, with the Commissioner s of
the New York State Department of Motor Vehicles and the New York State
Department of Transportation serving as co-chairs. The additional eigh-
teen members will include representatives from each of the eleven
Department of Transportation regions, the superintendent of the New York
State Police, and six members appointed by the Governor, the Temporary
President of the Senate, and the Speaker of the Assembly.

The task force shall undertake a review of the actions and measures that
are needed to ensure safe, adequate, efficient and reliable passenger
transportation by stretch limousine. The task force 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 Department of Transportation
regarding the regulation of stretch limousines; (b) the establishment
and adoption of a uniform safety training program for drivers; (c) the
appropriateness of extending federal regulations that currently apply to
bus drivers to stretch limousines; (d) establishing a limit on the maxi-
mum allowable time frame for stretch limousines to be permitted to oper-
ate on state roadways; (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, and mandating installation of safety features like
multiple anti-intrusion bars in side panels, carbon monoxide monitors,
rear view cameras, having New York State owned and operated inspection
stations for stretch limousines and providing for random spot vehicle
inspections, providing appropriate signage for customers, and the feasi-
bility of a New York State crash testing program; and (f) increasing the
minimum age for drivers to obtain a license to operate stretch limou-
sines.

The task force is directed to convene at least one public forum and
issue its final report within six months of convening.

Section two provides the effective date.

 
JUSTIFICATION:

Stretch limousines are the vehicle of choice for many happy occasions,
from family events, to birthdays, to weddings, to the annual ritual of
prom. But they also present unique challenges that implicate the safety
of drivers and passengers alike.

As with any area where multiple state agencies must collaborate, period-
ic review of inter-agency and external communication is critical to
ensure passenger safety. Additionally, the current set of regulations
does not reflect the ever-changing array of safety features available to
other motor vehicles that may be practically deployed in a stretch
limousine. Finally, there are a number of question s that are specific
to stretch limousines, such as whether there is an upper limit that
ought to be established in terms of how long or for how many miles such
a vehicle ought to be allowed to operate on the state's roadways.

The need for this review was underscored by the tragic July 2015 limou-
sine crash in Cutchogue, New York that killed four people and injured
four others. It was further reinforced by the final report and recommen-
dations of the Suffolk County Supreme Court Special Grand Jury, which
was impaneled to investigate that Cutchogue crash and suggested a number
of improvements in passenger safety and regulation that ought to be made
at the state and county level. It has been prompted anew in the wake of
another, even deadlier crash in Schoharie, NY.

The legislation implements this recommendation from the Special Grand
Jury report by creating a task force of owners and operators of busi-
nesses that utilize stretch limousines throughout the different
geographic regions,of the state, understanding that the particular
issues in New York City may not be those experienced in Buffalo or Syra-
cuse, to say nothing of suburban and rural communities. The task force
would be convened and co-chaired by the designee of the Commissioner of
the NYS Department of Transportation and the Commissioner of the NYS
Department of Motor Vehicles. Since law enforcement will be required to
enforce any changes, the State Police ought to be represented as well.

Finally, the Governor, Speaker of the Assembly, and President of the
Senate would select additional appointees including representatives from
community groups and those with deep knowledge and commitment to the
issues of traffic safety and reducing accidents and fatalities more
broadly.

 
PRIOR LEGISLATIVE HISTORY::

New Bill

 
FISCAL IMPLICATIONS::

To be determined.

 
EFFECTIVE DATE::

30 days after being signed into law.

S6189A - Bill Text download pdf


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

                                 6189--A
    Cal. No. 1087

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 21, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  report,  amended  on
  first  report,  ordered  to  a  second  report  and ordered reprinted,
  retaining its place in the order of second report

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.

                                                           LBD11953-02-9

S. 6189--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 nine 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.

Co-Sponsors

S6189B - Details

See Assembly Version of this Bill:: A1316
Law Section:: Vehicle and Traffic
Versions Introduced in 2017-2018 Legislative Session:: A11386

S6189B - Summary

S6189B - Sponsor Memo

 
BILL NUMBER: S6189B

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to establish the stretch limousine passenger safety task force;
and providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a Passenger Safety Task Force to study issues related to safe-
ty for passengers transported by stretch limousines.

 
SUMMARY OF PROVISIONS:

This legislation creates a Stretch Limousine Passenger Safety Task
Force. The task force consists of 21 members, with the Commissioners of
the New York State Department of Motor Vehicles and the New York State
Department of Transportation serving as co-chairs, along with represen-
tatives from the State Police, and various Legislative and Executive
recommendations. The Task Force requires a minimum number of appointees

with expertise in motor vehicle occupant protection, crash avoidance and
crash-worthiness, motor vehicle alteration and construction, commercial
motor vehicle driver training, traffic safety, consumer protection and
public health and safety representatives, as well as representation from
the stretch limousine industry.

The task force shall undertake a review of the actions and measures that
are needed to ensure safe, adequate, efficient and reliable passenger
transportation by stretch limousine. The task force shall make recommen-
dations regarding: (a) the promotion of enhanced coordination and
uniformity between the New York State Department of Motor Vehicles (DMV)
and the New York State Department of Transportation (DOT) regarding the
regulation of stretch limousines;

(b) the establishment and adoption of a uniform safety training program
for drivers; (c) the appropriateness of extending federal regulations
that currently apply to bus drivers to stretch limousines; (d) reviewing
areas of federal preemption and where states have oversight roles; (e)
establishing a limit on the maximum allowable time frame for stretch
limousines to be permitted to operate on state roadways; (f) the need
for additional safety measures, including studying increasing the mini-
mum age for drivers to obtain a license to operate stretch limousines
traffic safety measures, mandating installation of safety features like
multiple anti-intrusion bars in side panels, roll-over protection
devices, emergency exits, carbon monoxide monitors, rear view cameras,
providing appropropriate signage for customers, and the feasibility of a
New York State crash testing program.

The task force is directed to convene at least one public forum and
issue its final report by May 1, 2021.

Section two provides the effective date.

 
JUSTIFICATION:

Stretch limousines are the vehicle of choice for many happy occasions,
from family events, to birthdays, to weddings, to the annual ritual of

prom. But they also present unique challenges that implicate the safety
of drivers and passengers alike.

As with any area where multiple state agencies must collaborate, period-
ic review of inter-agency and external communication is critical to
ensure passenger safety. Additionally, the current set of regulations
does not reflect the ever-changing array of safety features available to
other motor vehicles that may be practically deployed in a stretch
limousine. Finally, there are a number of questions that are specific to
stretch limousines, such as whether there is an upper limit that ought
to be established in terms of how long or for how many miles such a
vehicle ought to be allowed to operate on the state's roadways.

The need for this review was underscored by the tragic July 2015 limou-
sine crash in Cutchogue, New York that killed four people and injured
four others. It was further reinforced by the final report and recommen-
dations of the Suffolk County Supreme Court Special Grand Jury, which
was impaneled to investigate that Cutchogue crash and suggested a number
of improvements in passenger safety and regulation that ought to be made
at the state and county level. It has been prompted anew in the wake of
another, even deadlier crash in Schoharie, NY.

The legislation implements this recommendation from the Special Grand
Jury report by creating a task force of owners and operators of busi-
nesses that utilize stretch limousines throughout the different
geographic regions of the state, understanding that the particular
issues in New York City may not be those experienced in Buffalo or Syra-
cuse, to say nothing of suburban and rural communities. The task force
would be convened and co-chaired by the designee of the Commissioner of
the NYS Department of Transportation and the Commissioner of the NYS
Department of Motor Vehicles. Since law enforcement will be required to
enforce any changes, the State Police ought to be represented as well.

Finally, the Governor, Speaker of the Assembly, and President of the
Senate would select additional appointees including representatives from
community groups and those with deep knowledge and commitment to the
issues of traffic safety and reducing accidents and fatalities more
broadly.

 
PRIOR LEGISLATIVE HISTORY:

2019: Similar bill (S.6189-A) passed Senate without objection.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
30 days after being signed into law.

S6189B - Bill Text download pdf


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

                                 6189--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 21, 2019
                               ___________

Introduced  by  Sens.  KAPLAN,  BRESLIN, CARLUCCI, KENNEDY, LIU, PARKER,
  TEDISCO -- read twice and ordered printed,  and  when  printed  to  be
  committed  to  the  Committee  on Transportation -- reported favorably
  from said committee, ordered to first report, amended on first report,
  ordered to a second report and ordered reprinted, retaining its  place
  in  the  order  of  second  report  -- recommitted to the Committee on
  Transportation in accordance with Senate Rule 6, sec. 8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.

                                                           LBD11953-03-9

S. 6189--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

S. 6189--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.

Co-Sponsors

S6189C (ACTIVE) - Details

See Assembly Version of this Bill:: A1316
Law Section:: Vehicle and Traffic
Versions Introduced in 2017-2018 Legislative Session:: A11386

S6189C (ACTIVE) - Summary

S6189C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6189C

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to establish the stretch limousine passenger safety task force;
and providing for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a Passenger Safety Task Force to study issues related to safe-
ty for passengers transported by stretch limousines.

 
SUMMARY OF PROVISIONS:

This legislation creates a Stretch Limousine Passenger Safety Task
Force. The task force consists of 11 members, with the Commissioners of
the New York State Department of Motor Vehicles and the New York State
Department of Transportation serving as co-chairs, along with represen-
tatives from the State Police, and various Legislative and Executive
recommendations.

The task force shall undertake a review of the actions and measures that
are needed to ensure safe, adequate, efficient and reliable passenger
transportation by stretch limousine. The task force shall make recommen-
dations regarding: (a) the promotion of enhanced coordination and
uniformity between the New York State Department of Motor Vehicles (DMV)
and the New York State Department of Transportation (DOT) regarding the
regulation of stretch limousines;

(b) the establishment and adoption of a uniform safety training program
for drivers; (c) the appropriateness of extending federal regulations
that currently apply to bus drivers to stretch limousines; (d) reviewing
areas of federal preemption and where states have oversight roles; (e)
establishing a limit on the maximum allowable time frame for stretch
limousines to be permitted to operate on state roadways; (f) the need
for additional safety measures, including studying increasing the mini-
mum age for drivers to obtain a license to operate stretch limousines
traffic safety measures, mandating installation of safety features like
multiple anti-intrusion bars in side panels, roll-over protection
devices, emergency exits, carbon monoxide monitors, rear view cameras,
providing appropriate signage for customers, and the feasibility of a
New York State crash testing program.

The task force is directed to convene at least one public forum and
issue its final report by November 1, 2021.

Section two provides the effective date.

 
JUSTIFICATION:

Stretch limousines are the vehicle of choice for many happy occasions,
from family events, to birthdays, to weddings, to the annual ritual of
prom. But they also present unique challenges that implicate the safety
of drivers and passengers alike.

As with any area where multiple state agencies must collaborate, period-
ic review of inter-agency and external communication is critical to
ensure passenger safety. Additionally, the current set of regulations
does not reflect the ever-changing array of safety features available to
other motor vehicles that may be practically deployed in a stretch
limousine. Finally, there are a number of questions that are specific to
stretch limousines, such as whether there is an upper limit that ought
to be established in terms of how long or for how many miles such a
vehicle ought to be allowed to operate on the state's roadways.

The need for this review was underscored by the tragic July 2015 limou-
sine crash in Cutchogue, New York that killed four people and injured
four others. It was further reinforced by the final report and recommen-
dations of the Suffolk County Supreme Court Special Grand Jury, which
was impaneled to investigate that Cutchogue crash and suggested a number
of improvements in passenger safety and regulation that ought to be made
at the state and county level. It has been prompted anew in the wake of
another, even deadlier crash in Schoharie, NY.

The legislation implements this recommendation from the Special Grand
Jury report by creating a task force to study a host of safety improve-
ments for stretch limousines. The task force would be convened and
co-chaired by the designee of the Commissioner of the NYS Department of
Transportation and the Commissioner of the NYS Department of Motor Vehi-
cles. Since law enforcement will be required to enforce any changes, the
State Police would also be represented.

 
PRIOR LEGISLATIVE HISTORY:

2019: Similar bill (5.6189-A) passed Senate without objection.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
30 days after being signed into law.

S6189C (ACTIVE) - Bill Text download pdf


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

                                 6189--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 21, 2019
                               ___________

Introduced  by  Sens.  KAPLAN,  BRESLIN, CARLUCCI, KENNEDY, LIU, PARKER,
  SEWARD, TEDISCO -- read twice and ordered printed, and when printed to
  be committed to the Committee on Transportation -- reported  favorably
  from said committee, ordered to first report, amended on first report,
  ordered  to a second report and ordered reprinted, retaining its place
  in the order of second report  --  recommitted  to  the  Committee  on
  Transportation  in  accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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 eleven members which shall include
the commissioner of motor vehicles or his or her designee,  the  commis-
sioner  of  transportation or his or her designee, the superintendent of
the New York state police or  his  or  her  designee,  and  eight  other
members  to be appointed by the governor as follows: two upon the recom-
mendation of the temporary president of the senate, two upon the  recom-
mendation of the speaker of the assembly, one upon the recommendation of
the  minority  leader  of the senate, one upon the recommendation of the
minority leader of the assembly and two without recommendation from  any
other person.

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

                                                           LBD11953-04-0

S. 6189--C                          2

  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
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

S. 6189--C                          3

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 November 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 May 31, 2022.

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senate Bill S6189C

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Jan 14, 2020 - floor Vote

Floor Vote: Jan 14, 2020

Jan 13, 2020 - Rules committee Vote

Rules Committee Vote: Jan 13, 2020

Jan 13, 2020 - Transportation committee Vote

Transportation Committee Vote: Jan 13, 2020

Jun 6, 2019 - floor Vote

Floor Vote: Jun 6, 2019

May 30, 2019 - Transportation committee Vote

Committee Vote: May 30, 2019

Bill Amendments

S6189 - Details

S6189 - Summary

S6189 - Sponsor Memo

S6189 - Bill Text download pdf

Co-Sponsors

S6189A - Details

S6189A - Summary

S6189A - Sponsor Memo

S6189A - Bill Text download pdf

Co-Sponsors

S6189B - Details

S6189B - Summary

S6189B - Sponsor Memo

S6189B - Bill Text download pdf

Co-Sponsors

S6189C (ACTIVE) - Details

S6189C (ACTIVE) - Summary

S6189C (ACTIVE) - Sponsor Memo

S6189C (ACTIVE) - Bill Text download pdf

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