Bill Text: NY S04894 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the New York Black Car Operators' Injury Compensation Fund, Inc.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-03 - REFERRED TO FINANCE [S04894 Detail]
Download: New_York-2017-S04894-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4894 2017-2018 Regular Sessions IN SENATE March 3, 2017 ___________ Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law and the workers' compensation law, in relation to workers' compensation benefits secured by the New York black car operators' injury compensation fund, inc. The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 160-cc of the executive law, as 2 added by chapter 49 of the laws of 1999, is amended to read as follows: 3 4. "Covered services" means only a black car operator who is in the 4 course of a dispatch, with respect to dispatches from or by a central 5 dispatch facility located in the state, all dispatches from such central 6 dispatch facility regardless of where the pick-up or discharge occurs, 7 and, with respect to dispatches from or by a central dispatch facility 8 located outside the state, all dispatches involving a pick-up in the 9 state, regardless of where the discharge occurs. 10 § 2. Subdivisions 6, 7, 8 and 9 of section 160-cc of the executive law 11 are renumbered subdivisions 7, 8, 9 and 10 and a new subdivision 6 is 12 added to read as follows: 13 6. "Dispatch" or "dispatches" shall mean a black car operator who is 14 in the course of picking up, transporting or discharging a passenger or 15 package or other item at the express direction of a central dispatch 16 facility or such other meaning as established by regulation proposed by 17 the board of directors of the fund and adopted by the department in 18 accordance with section one hundred sixty-nn of this article. 19 § 3. The second undesignated paragraph of subdivision 3 of section 2 20 of the workers' compensation law, as amended by chapter 392 of the laws 21 of 2008, is amended to read as follows: 22 Notwithstanding any other provision of this chapter, and for purposes 23 of this chapter only, the employer of a black car operator providing 24 covered services, as defined in article six-F of the executive law, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07135-01-7S. 4894 2 1 shall, on and after the fund liability date, as defined in such article, 2 be the New York black car operators' injury compensation fund, inc. 3 created pursuant to such article. 4 § 4. The seventh undesignated paragraph of subdivision 4 of section 2 5 of the workers' compensation law, as added by chapter 49 of the laws of 6 1999, is amended to read as follows: 7 Notwithstanding any other provision of this chapter, and for purposes 8 of this chapter only, a black car operator providing covered services, 9 as defined in article six-F of the executive law, shall, on and after 10 the fund liability date, as defined in such article, be an "employee" of 11 the New York black car operators' injury compensation fund, inc. created 12 pursuant to such article. 13 § 5. The fourth undesignated paragraph of subdivision 5 of section 2 14 of the workers' compensation law, as added by chapter 49 of the laws of 15 1999, is amended to read as follows: 16 Notwithstanding any other provision of this chapter, and for purposes 17 of this chapter only, a black car operator providing covered services, 18 as that term is defined in article six-F of the executive law, shall, on 19 and after the fund liability date, as that term is defined in such arti- 20 cle, be regarded as in the "employment" of the New York black car opera- 21 tors' injury compensation fund, inc. created pursuant to such article. 22 § 6. The fifth undesignated paragraph of section 11 of the workers' 23 compensation law, as added by chapter 49 of the laws of 1999, is amended 24 to read as follows: 25 The liability under this chapter of the New York black car operators' 26 injury compensation fund, inc. shall be limited to: (i) securing the 27 payment of workers' compensation in accordance with article six-F of the 28 executive law to black car operators providing covered services, as 29 defined in such article, whose injury arose out of and in the course of 30 providing only covered services for a central dispatch facility, as 31 defined in such article, that is a registered member of such fund, and 32 (ii) any statutory penalty resulting from the failure to secure such 33 payment. The liability under this chapter of a central dispatch facili- 34 ty, as defined in article six-F of the executive law, that is a regis- 35 tered member of the New York black car operators' injury compensation 36 fund, inc. that shall be limited to remaining a registered member in 37 good standing of such fund and any statutory penalty, including loss of 38 immunity provided by this section, resulting from the failure to become 39 or remain a registered member in good standing of such fund, except, 40 however, that such central dispatch facility shall be subject to the 41 provisions of section one hundred thirty-one of this chapter and shall 42 be liable for any payments for which it may become responsible pursuant 43 to such section or pursuant to section fourteen-a of this chapter. 44 § 7. This act shall take effect immediately.
