Bill Text: NY A01316 | 2019-2020 | General Assembly | Amended


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 27-5)

Status: (Passed) 2020-02-03 - signed chap.3 [A01316 Detail]

Download: New_York-2019-A01316-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1316--C

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    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  --  again  reported  from said committee with amendments, 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:

     1    Section 1. Stretch limousine passenger safety task force. 1. There  is
     2  hereby  created  the  "stretch  limousine  passenger safety task force",
     3  hereinafter referred to as the "task force", to conduct a  comprehensive
     4  review  of  matters  influencing  the  safety, adequacy, efficiency, and
     5  reliability  of  stretch  limousine  transportation  of  passengers  for
     6  compensation.
     7    2. Such task force shall consist of eleven members which shall include
     8  the  commissioner  of motor vehicles or his or her designee, the commis-
     9  sioner of transportation or his or her designee, the  superintendent  of
    10  the  New  York  state  police  or  his  or her designee, and eight other
    11  members to be appointed by the governor as follows: two upon the  recom-
    12  mendation  of the temporary president of the senate, two upon the recom-
    13  mendation of the speaker of the assembly, one upon the recommendation of
    14  the minority leader of the senate, one upon the  recommendation  of  the
    15  minority  leader of the assembly and two without recommendation from any
    16  other person.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01679-04-0

        A. 1316--C                          2

     1    3. Members of the task force shall  serve  without  compensation.  Any
     2  vacancies  on  the task force shall be filled in the manner provided for
     3  in the initial appointment.
     4    4.  The  commissioner  of transportation and the commissioner of motor
     5  vehicles shall serve as joint chairs of the task force.
     6    5. The task force shall be authorized  to  hold  public  hearings  and
     7  meetings, and to consult with any organization, educational institution,
     8  or  other  government  entity  or person, to enable it to accomplish its
     9  duties. The task force shall hold at least one  public  hearing  in  the
    10  state  for the purpose of soliciting public comment on stretch limousine
    11  safety.
    12    6. To effectuate the purposes of this act, the task force may  request
    13  and  shall receive from any department, division, board, bureau, commis-
    14  sion or other agency of the state or any  state  public  authority  such
    15  assistance,  information and data as will enable the task force to prop-
    16  erly carry out its powers and duties hereunder.
    17    7. The task force shall undertake a review of the actions and measures
    18  that are needed to ensure safe, adequate, efficient  and  reliable  for-
    19  hire  passenger transportation by stretch limousine and make recommenda-
    20  tions regarding:
    21    a. enhanced coordination between the department of motor vehicles  and
    22  the  department  of  transportation  regarding the regulation of stretch
    23  limousines, including an examination into how the department  of  trans-
    24  portation  and department of motor vehicles can share necessary informa-
    25  tion related to stretch limousines and their  operators  including,  but
    26  not  limited  to,  inspection  status,  registration  status,  operating
    27  certificate  or  permit  status,  and  relevant  traffic   or   criminal
    28  convictions,  in real time, and regarding the best uses for a smartphone
    29  application, website, or hotline;
    30    b. the establishment and adoption of a uniform safety training program
    31  for drivers of stretch limousines, including a component to  train  such
    32  drivers  to  conduct  a safety demonstration with passengers instructing
    33  them on the use of seatbelts and any other relevant safety measures that
    34  may be deemed useful;
    35    c. the appropriateness of extending vehicle and traffic  law  require-
    36  ments  and regulations that currently apply to bus drivers under article
    37  19-A of such law to drivers of stretch limousines;
    38    d. the appropriateness of establishing a limit on the  maximum  allow-
    39  able  time  frame  for  stretch limousines to be permitted to operate on
    40  roadways within the state, such as a possible  limit  of  ten  years  or
    41  350,000 miles;
    42    e. a review of federal laws and rules as they relate to the regulation
    43  of  stretch  limousines, including but not limited to, identification of
    44  the subject areas specifically regulated  by  federal  laws  and  rules,
    45  whether  and  to what extent federal laws and rules preempt state action
    46  with respect to the regulation  of  stretch  limousines,  and  areas  of
    47  stretch  limousine  regulation  which  are  subject  to oversight by the
    48  states; and
    49    f. the need for additional safety  measures  for  stretch  limousines,
    50  including, but not limited to, increasing the minimum age for drivers to
    51  obtain  a  license  to  operate  stretch limousines; the installation of
    52  safety features in such vehicles such as multiple anti-intrusion bars in
    53  side panels, roll-over protection devices such as cages or pillars, rear
    54  emergency exits including push-out windows, rear view cameras,  airbags,
    55  carbon  monoxide monitors, and speed restriction or governing devices to
    56  limit top vehicle speeds; appropriate notice or  signage  for  customers

        A. 1316--C                          3

     1  and  passengers;  and  the  feasibility and necessity of having New York
     2  state run crash testing for stretch limousines.
     3    8.  The task force shall, on or before November 1, 2021, issue a final
     4  report and recommendations to the governor, the temporary  president  of
     5  the senate, and the speaker of the assembly.
     6    9.  For  the  purposes of this act, the term "stretch limousine" shall
     7  mean any motor vehicle with a chassis which was altered post-manufacture
     8  and having a seating capacity of nine or more passengers, including  the
     9  driver,  used  in  the  business  of transporting passengers for compen-
    10  sation.
    11    § 2. This act shall take effect on the thirtieth day  after  it  shall
    12  have become a law and shall expire and be deemed repealed May 31, 2022.
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