S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6544--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Consumer Affairs  and  Protection  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   delivery  businesses  to  factor  compliance  with certain vehicle and
   traffic laws when assigning workers to deliver items
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "Consider
 Safety Act".
   § 2. The general business law is amended by adding a new section 391-x
 to read as follows:
   § 391-X. DELIVERY SERVICE COMPANIES; ASSIGNMENT OF WORKERS TO  DELIVER
 ITEMS.  1.  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "THIRD-PARTY FOOD DELIVERY SERVICE" SHALL HAVE THE SAME MEANING AS
 IN SECTION THREE HUNDRED NINETY-ONE-V OF THIS ARTICLE.
   (B) "WORKER" SHALL MEAN A NATURAL PERSON WHO IS HIRED OR  RETAINED  AS
 AN  INDEPENDENT  CONTRACTOR BY A DELIVERY BUSINESS TO MAKE DELIVERIES IN
 EXCHANGE FOR COMPENSATION, WHEN SUCH DELIVERIES INVOLVE THE OPERATION BY
 SUCH WORKER OF A LIMITED USE MOTORCYCLE OR BICYCLE WITH OR WITHOUT ELEC-
 TRIC ASSIST.
   (C) "DELIVERY ROUTES" SHALL MEAN WORK INVOLVING THE SAME-DAY  DELIVERY
 OR  SAME-DAY  PICKUP OF FOOD AND BEVERAGE FROM A FOOD SERVICE ESTABLISH-
 MENT LOCATED IN THE STATE.
   (D) "DELIVERY ROUTE ASSIGNMENT ALGORITHM" SHALL  MEAN  THE  METHOD  BY
 WHICH THIRD-PARTY FOOD DELIVERY SERVICES ASSIGN DELIVERY ROUTES.
   2. A THIRD-PARTY FOOD DELIVERY SERVICE SHALL ENSURE THAT, WHEN ASSIGN-
 ING  DELIVERY ROUTES TO WORKERS INVOLVING THE OPERATION BY A WORKER OF A
 BICYCLE WITH OR WITHOUT ELECTRIC ASSIST, SUCH  ASSIGNMENTS  OF  DELIVERY
 ROUTES  SHALL  CONSIDER  THE  WORKER'S  HISTORY  OF  COMPLIANCE WITH THE
 FOLLOWING PROVISIONS OF LAW, IF DATA THAT ALLOWS  THE  THIRD-PARTY  FOOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00028-07-5
 A. 6544--A                          2
 
 DELIVERY  SERVICE  TO  DETERMINE  COMPLIANCE  WITH  SUCH  PROVISIONS ARE
 COLLECTED BY THE THIRD-PARTY FOOD DELIVERY SERVICE:
   (A)  SECTION  ELEVEN  HUNDRED  TWENTY  OF THE VEHICLE AND TRAFFIC LAW,
 RELATED TO DRIVING ON THE RIGHT SIDE OF A ROADWAY;
   (B) SECTION ELEVEN HUNDRED TWENTY-SEVEN OF  THE  VEHICLE  AND  TRAFFIC
 LAW, RELATED TO DRIVING ON A ONE-WAY ROADWAY;
   (C)  SECTION  ELEVEN  HUNDRED  EIGHTY  OF THE VEHICLE AND TRAFFIC LAW,
 RELATED TO COMPLIANCE WITH APPLICABLE SPEED LIMITS;
   (D) SECTION TWELVE HUNDRED TWENTY-FIVE-A OF THE  VEHICLE  AND  TRAFFIC
 LAW, RELATED TO DRIVING ON OR ACROSS A SIDEWALK; AND
   (E)  SECTION  ELEVEN  HUNDRED  ELEVEN  OF THE VEHICLE AND TRAFFIC LAW,
 RELATED TO OBEYING RED LIGHT TRAFFIC SIGNALS.
   3. IN ANY DELIVERY ROUTE ASSIGNMENT ALGORITHM  THAT  ASSIGNS  DELIVERY
 ROUTES  TO WORKERS INVOLVING THE OPERATION BY A WORKER OF A BICYCLE WITH
 OR WITHOUT ELECTRIC ASSIST, THE WORKER'S COMPLIANCE WITH THE  PROVISIONS
 OF THE VEHICLE AND TRAFFIC LAWS CITED IN SUBDIVISION TWO OF THIS SECTION
 SHALL BE WEIGHTED AT LEAST AS MUCH AS THE COMBINED WEIGHT OF ALL FACTORS
 PERTAINING  TO  SPEED  AND  EFFICIENCY. IN THE EVENT THAT THERE ARE MORE
 WORKERS AVAILABLE TO MAKE DELIVERIES THAN PENDING DELIVERIES  THAT  NEED
 TO  BE MADE, A THIRD-PARTY FOOD DELIVERY SERVICE SHALL MAKE A GOOD FAITH
 EFFORT TO ASSIGN DELIVERIES TO WORKERS WITH A HIGHER RATE OF  COMPLIANCE
 WITH  THE  VEHICLE  AND  TRAFFIC  LAWS  CITED IN SUBDIVISION TWO OF THIS
 SECTION.
   4. THIRD-PARTY FOOD DELIVERY SERVICES THAT DO NOT ALREADY COLLECT DATA
 ON A WORKER'S COMPLIANCE WITH THE VEHICLE  AND  TRAFFIC  LAWS  CITED  IN
 SUBDIVISION TWO OF THIS SECTION IN THE ORDINARY COURSE OF BUSINESS SHALL
 NOT  BE  REQUIRED  TO  BEGIN  COLLECTING  SUCH  DATA TO COMPLY WITH THIS
 SECTION; PROVIDED, HOWEVER, THAT IF DATA ON A WORKER'S  COMPLIANCE  WITH
 THE VEHICLE AND TRAFFIC LAWS CITED IN SUBDIVISION TWO OF THIS SECTION IS
 COLLECTED  BY  THE  THIRD-PARTY  FOOD  DELIVERY  SERVICE  OR  WAS  BEING
 COLLECTED BY THE THIRD-PARTY FOOD DELIVERY SERVICE AS OF  THE  EFFECTIVE
 DATE OF THIS SECTION, THEN THE DELIVERY BUSINESS SHALL BE SUBJECT TO THE
 PROVISIONS  OF  SUBDIVISIONS  TWO AND THREE OF THIS SECTION EVEN IF SUCH
 DATA WAS NOT BEING FACTORED INTO ANY  DELIVERY  ROUTE  ASSIGNMENT  ALGO-
 RITHMS PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
   FOR  THE  PURPOSES OF THIS SECTION, THIRD-PARTY FOOD DELIVERY SERVICES
 SHALL, WITH RESPECT TO THE STATE OF NEW YORK AND ANY  COUNTIES,  CITIES,
 TOWNS  AND  VILLAGES  WITHIN  THE  STATE WHERE SUCH SERVICES OPERATE, BE
 REQUIRED TO COLLECT AND UTILIZE THE FOLLOWING DATA FOR  THE  PURPOSE  OF
 EFFECTUATING THIS SECTION:  (A) PUBLICLY AVAILABLE DATA NOTING A MAXIMUM
 SPEED  LIMIT  ON  A  GIVEN  ROADWAY;  AND (B) WHETHER A GIVEN ROADWAY IS
 DESIGNATED OR SIGNPOSTED FOR ONE-WAY TRAFFIC.
   5. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST ANY  DELIVERY
 BUSINESS  THAT  IS  IN  VIOLATION  OF  THIS  SECTION  TO: (A) ENJOIN THE
 VIOLATION; AND (B) RECOVER A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS
 PER ROUTE ASSIGNED PER DAY OF NON-COMPLIANCE.
   6. NO DATA COLLECTED PURSUANT TO THIS SECTION SHALL  BE  DISCLOSED  OR
 OTHERWISE MADE ACCESSIBLE EXCEPT:
   (A) TO THE WORKER WHO IS THE SUBJECT OF SUCH DATA;
   (B)  IF  NECESSARY  TO  COMPLY  WITH A LAWFUL COURT ORDER, WARRANT, OR
 FEDERAL LAW; OR
   (C) TO THE ATTORNEY GENERAL FOR THE PURPOSE OF DETERMINING  COMPLIANCE
 WITH THIS SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.