A08195 Summary:

BILL NOA08195B
 
SAME ASNo Same As
 
SPONSORCahill
 
COSPNSRMorelle, McDonald, Fahy, Santabarbara, Lupardo, Ceretto, McDonough, Lavine, Hunter, Rivera, Cook, Pretlow
 
MLTSPNSRLawrence, Lupinacci, Markey
 
Add §§3441 & 3455, Ins L; amd §§160-cc, 160-hh & 160-jj, Exec L; amd §181, Gen Muni L
 
Relates to transportation network companies; establishes certain insurance requirements and defines terms.
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A08195 Actions:

BILL NOA08195B
 
06/11/2015referred to insurance
01/06/2016referred to insurance
05/27/2016amend (t) and recommit to insurance
05/27/2016print number 8195a
06/01/2016reported referred to codes
06/11/2016amend (t) and recommit to codes
06/11/2016print number 8195b
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A08195 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8195B
 
SPONSOR: Cahill
  TITLE OF BILL: An act to amend the insurance law, the executive law and the general municipal law, in relation to transportation network companies   PURPOSE: To clarify insurance provisions and requirements relative to transporta- tion network companies.   SUMMARY OF PROVISIONS: Section 1 of the bill would amend the insurance law by adding a new section 3441 which would provide the minimum insurance limits that transportation network companies (TNCs) must carry in their group poli- cies and other requirements that TNCs must follow in order to operate in the state. During the period when a TNC driver is logged onto a TNC's network and is available to receive transportation requests, a TNC must carry liability insurance of $100,000 for death and bodily injury per person, $300,000 for death and bodily injury per incident and $25,000 for property damage. During the period when a TNC driver is engaged in a prearranged ride, a TNC must carry liability insurance of $1,500,000 for bodily injury, death and property damage. This section would also prohibit any TNC from operating in New York City. Section 2 of the bill would amend the insurance law by adding a new section 3455 which would authorize the issuance of automobile insurance policies to transportation network companies on a group basis. Each group policy would be required to provide liability coverage, first party benefits coverage and uninsured motorist coverage in satisfaction of the financial responsibility requirements set forth in New York law. This section would also provide how the coverages of a group policy will work if a driver is using multiple apps at the same time during periods 1, 2 and 3. Additionally, this section would provide that a TNC's group policy coverage will remain in effect when a TNC driver is transporting a passenger from one municipality to another. Sections 3, 4 and 5 of the bill would amend the executive law to add transportation network company drivers to the New York Black Car Opera- tors' Injury Compensation Fund, Inc. Section 6 of the bill would amend the general municipal law to give municipalities the authority to regulate the registration and licensing of TNCs. Section 7 of the bill would establish the effective date.   JUSTIFICATION: On April 24, 2014, transportation network company (TNC) Lyft launched operations in this state in the cities of Buffalo and Rochester. Less than three months later the department of financial services (DFS) issued a letter, dated July 8, 2014, that ordered Lyft to cease and desist operations in New York mainly on the grounds that Lyft was violating New York insurance and financial services laws. This bill seeks to address the concerns raised by DFS and to allow TNCs to operate in upstate New York by authorizing insurers to issue group insurance coverage to TNCs thereby allowing such companies to purchase and provide adequate insurance coverage for the vehicles enrolled in a company's network. This bill also establishes the necessary insurance coverage and other insurance-related requirements to ensure that consum- ers and TNC drivers are adequately protected when engaged in TNC activ- ity.   LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A08195 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8195--B
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 11, 2015
                                       ___________
 
        Introduced  by  M.  of A. CAHILL, MORELLE, McDONALD, FAHY, SANTABARBARA,
          LUPARDO, CERETTO, ZEBROWSKI,  McDONOUGH,  LAVINE,  HUNTER,  RIVERA  --
          Multi-Sponsored  by -- M. of A. COOK, LAWRENCE, LUPINACCI -- read once
          and referred to the Committee  on  Insurance  --  recommitted  to  the
          Committee  on  Insurance in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported and referred to the Commit-
          tee on Codes -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
 
        AN  ACT  to  amend  the insurance law, the executive law and the general
          municipal law, in relation to transportation network companies
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The insurance law is amended by adding a new section 3441
     2  to read as follows:
     3    § 3441. Transportation network companies.    (a)  Notwithstanding  any
     4  other provision of this chapter, this section shall apply to transporta-
     5  tion network companies.
     6    (b)  For  purposes  of  this  section  the following definitions shall
     7  apply:
     8    (1) "Personal vehicle" means a motor vehicle used by a  transportation
     9  network  company  driver  and  is  owned or leased by the transportation
    10  network company driver.
    11    (2) "Digital network" means any online-enabled application,  software,
    12  website or system offered or utilized by a transportation network compa-
    13  ny  that enables the prearrangement of rides with transportation network
    14  company drivers.
    15    (3) "Transportation network company" means a corporation, partnership,
    16  sole proprietorship, or other entity that is  operating  in  this  state
    17  that  uses  a  digital network to connect transportation network company

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09417-13-6

        A. 8195--B                          2
 
     1  riders to transportation network company drivers who provide prearranged
     2  rides.
     3    (4) "Transportation network company driver" or "driver" means an indi-
     4  vidual  who  uses  a  personal vehicle to offer or provide a prearranged
     5  ride to riders upon connection through a digital network controlled by a
     6  transportation network company in return for compensation or payment  of
     7  a fee.
     8    (5)  "Transportation  network company rider" or "rider" means an indi-
     9  vidual or persons who use a  transportation  network  company's  digital
    10  network  to  connect  with  a transportation network driver who provides
    11  prearranged rides to the rider in the driver's personal vehicle  between
    12  points chosen by the rider.
    13    (6)  "Prearranged  ride"  means  the  provision of transportation by a
    14  driver to a rider, beginning when a driver accepts a ride requested by a
    15  rider through a digital network controlled by a  transportation  network
    16  company,  continuing while the driver transports a requesting rider, and
    17  ending when the last requesting rider departs from the personal vehicle.
    18    (7) "Group policy"  means  an  insurance  policy  issued  pursuant  to
    19  section three thousand four hundred fifty-five of this article.
    20    (8)  "Unauthorized  user" means an individual or persons, other than a
    21  transportation network company driver, who use a transportation  network
    22  company  driver's account with or without the driver's permission to log
    23  on to the transportation network company's digital network  and  provide
    24  prearranged rides to riders.
    25    (c) Prior to operating in this state, a transportation network company
    26  shall  purchase  and  maintain  a  group policy subject to the following
    27  requirements:
    28    (1) Such policy shall recognize that the driver  is  a  transportation
    29  network  company driver or otherwise uses a vehicle to transport passen-
    30  gers for compensation and covers the driver:
    31    (A) while the driver is logged on to the transportation network compa-
    32  ny's digital network; and
    33    (B) while the driver is engaged in a prearranged ride.
    34    (2) The following automobile insurance requirements shall apply  while
    35  a  participating  transportation  network company driver or unauthorized
    36  user is logged  on  to  the  transportation  network  company's  digital
    37  network  and  is available to receive transportation requests but is not
    38  engaged in a prearranged ride:
    39    (A) primary automobile liability insurance in the amount of  at  least
    40  one  hundred  thousand  dollars  for death and bodily injury per person,
    41  three hundred thousand dollars for death and bodily injury per incident,
    42  and twenty-five thousand dollars for property  damage  and  coverage  in
    43  satisfaction  of  the financial responsibility requirements set forth in
    44  section three thousand four hundred  twenty  of  this  article,  article
    45  fifty-one of this chapter and regulations promulgated thereunder; and
    46    (B) the coverage requirements of this subsection may be satisfied only
    47  by  automobile  insurance  provided through a group policy maintained by
    48  the transportation network company.
    49    (3) The following automobile insurance requirements shall apply  while
    50  a  transportation network company driver or unauthorized user is engaged
    51  in a prearranged ride:
    52    (A) primary automobile liability insurance that provides at least  one
    53  million five hundred thousand dollars for death, bodily injury and prop-
    54  erty damage and coverage in satisfaction of the financial responsibility
    55  requirements  set forth in section three thousand four hundred twenty of

        A. 8195--B                          3
 
     1  this article, article fifty-one of this chapter and regulations  promul-
     2  gated thereunder; and
     3    (B) the coverage requirements of this subsection may be satisfied only
     4  by  automobile  insurance  provided through a group policy maintained by
     5  the transportation network company.
     6    (4) A transportation network  company  shall,  upon  entering  into  a
     7  contractual  agreement  with  a  transportation  network company driver,
     8  provide notice to the transportation network  company  driver  that  the
     9  driver  may  need  additional insurance coverage including motor vehicle
    10  physical  damage  coverage  as  described  in  paragraph   nineteen   of
    11  subsection  (a)  of  section  one  thousand one hundred thirteen of this
    12  chapter if the driver's personal vehicle is subject to a lease  or  loan
    13  and  that  the  transportation  network company shall provide this addi-
    14  tional coverage pursuant to paragraph two of subsection (c)  of  section
    15  three  thousand  four hundred fifty-five of this article if necessary. A
    16  transportation network company  shall  also  post  this  notice  on  its
    17  website in a prominent place.
    18    (5)  Any coverage provided by a transportation network company's group
    19  policy shall be primary with respect to any other insurance available to
    20  a transportation network company driver.    The  transportation  network
    21  company's  group  policy insurer shall notify the transportation network
    22  company driver and the driver's own automobile insurer, as well  as  any
    23  other insurance interested parties, of the transportation network compa-
    24  ny insurer's duty to defend and indemnify any claim for damage or injury
    25  occurring  while  a  driver  is logged on to a company's digital network
    26  within fifteen days from the date the claim is made.
    27    (6) Insurance required by this subsection may be placed with an insur-
    28  er authorized or eligible to write insurance in this state and shall  be
    29  eligible  for  placement  by  an excess line broker licensed pursuant to
    30  article twenty-one of this chapter.
    31    (7) Insurance satisfying the requirements of this subsection shall  be
    32  deemed to satisfy the financial responsibility requirements set forth in
    33  subdivision  four  of  section  three  hundred eleven of the vehicle and
    34  traffic law, section three thousand four hundred twenty of this article,
    35  article fifty-one of this chapter, and  regulations  promulgated  there-
    36  under,  and  such  other requirements that may apply for the purposes of
    37  satisfying the financial responsibility requirements with respect to the
    38  use or operation of a motor vehicle.
    39    (8) A transportation network  company  driver  shall  carry  proof  of
    40  coverage satisfying paragraphs two and three of this subsection with him
    41  or  her  at  all  times during his or her use of a vehicle in connection
    42  with a transportation network company's digital network. In the event of
    43  an accident, a transportation network company driver shall provide  this
    44  insurance coverage information to the directly interested parties, auto-
    45  mobile  insurers  and  investigating police officers, upon request. Upon
    46  such  request,  a  transportation  network  company  driver  shall  also
    47  disclose to directly interested parties, automobile insurers, and inves-
    48  tigating  police officers, whether he or she was logged on to the trans-
    49  portation network company's digital network or on a prearranged ride  at
    50  the time of an accident.
    51    (d)  A  transportation network company shall, prior to allowing trans-
    52  portation network company drivers to  accept  requests  for  prearranged
    53  rides,  notify drivers in writing that the insurance coverage, including
    54  the types of coverage and the limits for each coverage, that the  trans-
    55  portation  network  company  provides  while  the transportation network

        A. 8195--B                          4
 
     1  company driver uses a personal vehicle in connection with a  transporta-
     2  tion network company's digital network.
     3    (e)  A  transportation network company shall provide the department of
     4  motor vehicles with a list of the personal vehicles that are covered  by
     5  a  transportation network company's group policy, which shall be updated
     6  by the transportation network company each time a new  owner  becomes  a
     7  party  to a valid contract with the transportation network company.  The
     8  department of motor vehicles shall identify the  transportation  network
     9  company's  insurance  as  an extra line of coverage with each respective
    10  personal vehicle.
    11    (f) Nothing in this section shall be construed to prohibit a transpor-
    12  tation network company  driver  from  purchasing  additional  automobile
    13  insurance  coverage  under section three thousand four hundred twenty of
    14  this article or coverage for  limits  higher  than  the  minimum  limits
    15  required  under  section three hundred eleven of the vehicle and traffic
    16  law.
    17    (g) Nothing in this section  shall  limit  the  authority  of  cities,
    18  towns,  villages  and  certain  counties  to enact ordinances regulating
    19  registration, licensing, parking and passenger pick-up and discharge  of
    20  taxicabs,  limousines, livery vehicles and transportation network compa-
    21  nies pursuant to section one hundred eighty-one of the general municipal
    22  law.
    23    (h) No transportation network company shall be authorized  to  operate
    24  in any city with a population of one million or more.
    25    (i) Nothing in this section shall be interpreted to exempt an owner of
    26  a  vehicle from liability established under section three hundred eight-
    27  y-eight of the vehicle and traffic law.
    28    (j) No transportation network company driver's  policy  of  automobile
    29  insurance  that  is subject to section three thousand four hundred twen-
    30  ty-five of this article shall be cancelled, voided, terminated, rescind-
    31  ed, non-renewed, solely on the basis that the driver's vehicle has  been
    32  made  available  for  use in a transportation network company that is in
    33  compliance with the provisions of this section. For the purposes of this
    34  section, participation in a transportation  network  company  shall  not
    35  constitute fraud or misrepresentation by a driver.
    36    § 2. The insurance law is amended by adding a new section 3455 to read
    37  as follows:
    38    §  3455. Transportation network company group insurance policies.  (a)
    39  For purposes of this section, the following definitions shall apply:
    40    (1) "Transportation network company" shall have the meaning set  forth
    41  in  subsection  (b)  of section three thousand four hundred forty-one of
    42  this article.
    43    (2) "Certificate" or "certificate  of  insurance"  means  any  policy,
    44  contract  or other evidence of insurance, or rider or endorsement there-
    45  to, issued to a group member  under  a  transportation  network  company
    46  group policy.
    47    (3)  "Transportation  network  company group policy" or "group policy"
    48  means group policy, including certificate issued to the  group  members,
    49  where the group policyholder is a transportation network company and the
    50  policy  provides  insurance to the transportation network company and to
    51  group members:
    52    (A) in accordance with the requirements of subsection (c)  of  section
    53  three thousand four hundred forty-one of this article;
    54    (B)  of  the type described in paragraphs thirteen, fourteen and nine-
    55  teen of subsection (a) of section one thousand one hundred  thirteen  of
    56  this chapter; and

        A. 8195--B                          5
 
     1    (C)  in  satisfaction of the financial responsibility requirements set
     2  forth in section three thousand four hundred  twenty  of  this  article,
     3  subdivision  four  of  section  three  hundred eleven of the vehicle and
     4  traffic law, article fifty-one of this chapter, and regulations  promul-
     5  gated thereunder.
     6    (4)  "Group Member" means a "transportation network company driver" as
     7  defined in subsection (b) of section three thousand four hundred  forty-
     8  one of this article.
     9    (5) "Group policyholder" means a transportation network company.
    10    (6)  "Personal vehicle" shall have the meaning set forth in subsection
    11  (b) of section three thousand four hundred forty-one of this article.
    12    (7) "Transportation network company driver" shall have the meaning set
    13  forth in subsection (b) of section three thousand four hundred forty-one
    14  of this article.
    15    (8) "Digital network" shall have the meaning set forth  in  subsection
    16  (b) of section three thousand four hundred forty-one of this article.
    17    (9)  "Prearranged ride" shall have the meaning set forth in subsection
    18  (b) of section three thousand four hundred forty-one of this article.
    19    (10) "Transportation network company rider" or "rider" shall have  the
    20  meaning  set  forth  in  subsection  (b)  of section three thousand four
    21  hundred forty-one of this article.
    22    (b) An insurer may issue or issue for delivery in this state a  trans-
    23  portation  network  company  group  policy  to  a transportation network
    24  company as a group policyholder only in accordance with  the  provisions
    25  of this section.
    26    (c)(1)  A  transportation  network  company group policy shall provide
    27  coverage for a personal vehicle in accordance with the  requirements  of
    28  subsection  (c) of section three thousand four hundred forty-one of this
    29  article.
    30    (2) A transportation network company group policy shall  provide  upon
    31  request by a driver:
    32    (A) coverage for limits higher than the minimum limits required pursu-
    33  ant  to  subsection (c) of section three thousand four hundred forty-one
    34  of this article;
    35    (B) supplementary uninsured/underinsured motorists insurance for bodi-
    36  ly injury pursuant to paragraph two of subsection (f) of  section  three
    37  thousand four hundred twenty of this article;
    38    (C)  supplemental  spousal  liability insurance pursuant to subsection
    39  (g) of section three thousand four hundred twenty of this chapter; and
    40    (D) motor vehicle physical damage coverage as described  in  paragraph
    41  nineteen  of subsection (a) of section one thousand one hundred thirteen
    42  of this chapter.
    43    (3)  The  coverage  described  in  paragraphs  one  and  two  of  this
    44  subsection  may  be  provided  in  one group policy or in separate group
    45  policies.
    46    (4) Any coverage provided by a transportation network company's  group
    47  policy shall be primary with respect to any other insurance available to
    48  the  transportation  network company driver.  The transportation network
    49  company's group policy insurer shall notify the  transportation  network
    50  company  driver  and the driver's own automobile insurer, as well as any
    51  other insurance interested parties, of the transportation network compa-
    52  ny insurer's duty to defend and indemnify any claim for damage or injury
    53  occurring while a driver is logged onto a transportation network  compa-
    54  ny's  digital  network  within  fifteen  days from the date the claim is
    55  made.

        A. 8195--B                          6
 
     1    (5) When a transportation network company driver is logged on to  more
     2  than  one  digital network and is available to receive prearranged rides
     3  but is not engaged in a prearranged ride on any network, each  transpor-
     4  tation  network  company's  group  policy shall be primary and shall run
     5  concurrently and cumulatively up to the full extent of coverage provided
     6  under  each  transportation network company's group policy regardless of
     7  which group policy the injured party seeks coverage from.   Any  dispute
     8  as  to  which  insurer is obligated to provide coverage shall be adjudi-
     9  cated pursuant to subsection (b) of section five  thousand  one  hundred
    10  five of this chapter.
    11    (6)  When a transportation network company driver is logged on to more
    12  than one digital network and is engaged in a prearranged ride on one  of
    13  the  networks,  the  group policy that is providing the higher amount of
    14  coverage will be primary and the group  policy  that  is  providing  the
    15  lower  amount  of  coverage  will  be excess. Such a dispute as to which
    16  policy  provides  higher  coverage  shall  be  adjudicated  pursuant  to
    17  subsection  (b)  of section five thousand one hundred five of this chap-
    18  ter.
    19    (7) A transportation network company's  group  policy,  including  any
    20  additional  coverage  required  by  a municipality that is regulating or
    21  licensing such transportation network company, shall  remain  in  effect
    22  when a transportation network company driver is transporting riders from
    23  a  point outside of a city with a population of one million or more to a
    24  point within such city provided that nothing in this paragraph shall  be
    25  construed  to  authorize drivers to accept prearranged rides from riders
    26  within such city.
    27    (8) A transportation network company's  group  policy,  including  any
    28  additional  coverage  required  by  a municipality that is regulating or
    29  licensing such transportation network company, shall  remain  in  effect
    30  when a transportation network company driver is transporting riders from
    31  one municipality to another municipality.
    32    (9)  A  transportation network company group policy, including certif-
    33  icates, shall be issued by an insurer authorized or  eligible  to  write
    34  insurance in this state and shall be eligible for placement by an excess
    35  line broker licensed pursuant to article twenty-one of this chapter.
    36    (10) A policyholder also may be an insured under a group policy.
    37    (d)  The  superintendent shall promulgate regulations that provide for
    38  the distribution of any policy dividend, retrospective  premium  credit,
    39  or retrospective premium refund in respect of premiums paid by the group
    40  policyholder.
    41    (e) (1) The insurer or the group policyholder shall be responsible for
    42  mailing  or  delivery of a certificate of insurance to each group member
    43  insured under the  transportation  network  company  group  policy.  The
    44  insurer  or  the  group  policyholder  shall also be responsible for the
    45  mailing or delivery to each group member of an  amended  certificate  of
    46  insurance  or endorsement to the certificate, whenever there is a change
    47  in limits; change in type of coverage; addition,  reduction,  or  elimi-
    48  nation  of  coverage; or addition of exclusion, under the transportation
    49  network company group policy or certificate.
    50    (2) The certificate shall contain in substance all material terms  and
    51  conditions of coverage afforded to group members, unless the transporta-
    52  tion  network  company  group  policy is incorporated by reference and a
    53  copy of the group policy accompanies the certificate.
    54    (f) A group policyholder shall comply with the provisions  of  section
    55  two  thousand one hundred twenty-two of this chapter, in the same manner
    56  as an agent or broker, in any advertisement, sign,  pamphlet,  circular,

        A. 8195--B                          7
 
     1  card,  or other public announcement referring to coverage under a trans-
     2  portation network company group policy or certificate.
     3    (g)  A  transportation network company's group policy shall be subject
     4  to section three thousand four hundred and twenty-six  of  this  article
     5  with regard to termination of coverage.
     6    (h)  Any  mailing  or delivery to a group member required or permitted
     7  under this section may be made by electronic mail  if  consent  to  such
     8  method of delivery has been previously received from such group member.
     9    (i) Forms and rates for any group policy issued or issued for delivery
    10  in  this  state  pursuant to this section shall be filed with the super-
    11  intendent in accordance with article twenty-three of this chapter.
    12    (j) Nothing in this section shall be construed as prohibiting persons,
    13  firms, associations or corporations engaged in the business of  carrying
    14  or  transporting  passengers  for  hire  from  purchasing group policies
    15  issued pursuant to this section.
    16    § 3. Subdivisions 1 and 3 of section 160-cc of the executive  law,  as
    17  added by chapter 49 of the laws of 1999, are amended to read as follows:
    18    1. "Black car operator" means the registered owner of a for-hire vehi-
    19  cle,  or  a  driver  designated  by such registered owner to operate the
    20  registered owner's for-hire vehicle as the registered owner's authorized
    21  designee, whose injury arose out of  and  in  the  course  of  providing
    22  covered  services  to  a  central dispatch facility that is a registered
    23  member of the New York black car operators'  injury  compensation  fund,
    24  inc  and  for  the  purposes  of  this article, a transportation network
    25  company driver as defined in section three thousand four hundred  forty-
    26  one  of  the  insurance law whose injury occurred at any time while they
    27  were driving and were logged on  to  a  transportation  network  company
    28  network.
    29    3.  "Central  dispatch  facility"  means  a central facility, wherever
    30  located, that (a) dispatches the registered owners of for-hire vehicles,
    31  or drivers acting as the designated agent of such registered owners,  to
    32  both  pick-up  and discharge passengers in the state, and (b) has certi-
    33  fied to the satisfaction of the department of state that more than nine-
    34  ty percent of its for-hire business is on a  payment  basis  other  than
    35  direct  cash  payment  by a passenger; provided, however, that a central
    36  dispatch facility shall not include any such central facility that  owns
    37  fifty  percent  or  more  of the cars it dispatches, for the purposes of
    38  this article "central dispatch facility" shall include a  transportation
    39  network  company  as  defined  in  section  three  thousand four hundred
    40  forty-one of the insurance law.
    41    § 4. Subdivision 1 of section 160-hh of the executive law, as added by
    42  chapter 49 of the laws of 1999, is amended to read as follows:
    43    1.   The membership of the fund  shall  be  composed  of  all  central
    44  dispatch  facilities.  Each central dispatch facility shall be required,
    45  as a condition of doing business within this state, to pay  the  depart-
    46  ment a two hundred dollar annual fee for the purpose of registering as a
    47  member  of  the  fund  and receiving a certificate of registration. Such
    48  sums shall be used by the department  for  the  administration  of  this
    49  article.  The initial registration fee shall be due no later than ninety
    50  days after the effective date of this  article  or  fifteen  days  after
    51  commencement  of  operation.    The  department  shall have the power to
    52  assess an additional fee against each registrant in the amount necessary
    53  to provide it with sufficient funds to cover its expenses in  performing
    54  its  duties  pursuant  to this article. The department shall provide the
    55  fund with an updated list of registrants on a monthly basis.

        A. 8195--B                          8
 
     1    § 5. Section 160-jj of the executive law is amended by  adding  a  new
     2  subdivision 8 to read as follows:
     3    8. Transportation network companies, as defined in section three thou-
     4  sand  four  hundred forty-one of the insurance law, shall provide to the
     5  fund all necessary records, information and data associated with a driv-
     6  er's duties to ensure the fund can carry out its powers under this arti-
     7  cle.
     8    § 6. Section 181 of the general municipal law, as amended  by  chapter
     9  579  of the laws of 1993, subdivisions 1 and 2 as amended by chapter 498
    10  of the laws of 2015, is amended to read as follows:
    11    § 181. Ordinances to regulate taxicabs [and]  limousines,  livery  and
    12  transportation  network  company  vehicles.  The  municipal officers and
    13  boards in the several cities, towns  and  villages  of  this  state  now
    14  having  the authority to enact ordinances, may adopt ordinances regulat-
    15  ing:
    16    1. The registration and licensing of taxicabs, limousines, livery  and
    17  transportation  network  company  vehicles,  and may limit the number of
    18  taxicabs to be licensed, and the county of Westchester may  adopt  ordi-
    19  nances  regulating the registration and licensing of taxicabs and limou-
    20  sines and may limit the number to be licensed; the county of Nassau  may
    21  adopt ordinances regulating the registration of taxicabs and limousines;
    22  and  the county of Suffolk may adopt local laws or ordinances regulating
    23  the registration of taxicabs, limousines, and livery vehicles;  and  the
    24  county  of  Rockland  may  adopt local laws or ordinances regulating the
    25  registration and licensing of taxicabs, limousines, and livery  vehicles
    26  and may limit the number to be licensed.
    27    2. Parking and passenger pick-up and discharge by taxicabs, limousines
    28  [and], livery and transportation network company vehicles. Establishment
    29  of  such local laws or ordinances and regulations regulating parking and
    30  passenger pick-up and discharges may be based upon recommendations  from
    31  municipal  planning  officials  or other public entities and may address
    32  and take into consideration such factors, including, but not limited to,
    33  geographic areas, vehicle type, limiting the number of  parked  vehicles
    34  and activities undertaken while parked, and periods of idling.
    35    §  7.  This  act shall take effect on the ninetieth day after it shall
    36  have become a law.
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