Bill Text: NY S06189 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 7-2)

Status: (Passed) 2020-02-03 - signed chap.3 [S06189 Detail]

Download: New_York-2019-S06189-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6189--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      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:

     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  twenty-one  members  which  shall
     8  include  the  commissioner of motor vehicles or his or her designee, the
     9  commissioner of transportation or his or her designee,  the  superinten-
    10  dent  of  the New York state police or his or her designee, and eighteen
    11  other members to be appointed by the governor as follows: three upon the
    12  recommendation of the temporary president of the senate, three upon  the
    13  recommendation  of the speaker of the assembly, one upon the recommenda-
    14  tion of the minority leader of the senate, one upon  the  recommendation
    15  of  the  minority leader of the assembly, and ten without recommendation
    16  from any other person. Of the appointed members, two shall  have  exper-
    17  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

     1  protection, two shall have expertise in fields or disciplines related to
     2  motor vehicle crash  avoidance  and  crash-worthiness,  two  shall  have
     3  expertise  in  fields or disciplines related to motor vehicle alteration
     4  and  construction,  two  shall  have  expertise in fields or disciplines
     5  related to commercial motor vehicle driver training, two shall be repre-
     6  sentative of the traffic safety community, two shall  be  representative
     7  of  the  consumer protection and public health and safety community, and
     8  six shall be representative of owner or commercial operator  of  stretch
     9  limousines  from each of the six motor carrier safety assistance program
    10  (MCSAP) regions as established by the commissioner of transportation.
    11    3. Members of the task force shall  serve  without  compensation.  Any
    12  vacancies  on  the task force shall be filled in the manner provided for
    13  in the initial appointment.
    14    4. The commissioner of transportation and the  commissioner  of  motor
    15  vehicles shall serve as joint chairs of the task force.
    16    5.  The  task  force  shall  be authorized to hold public hearings and
    17  meetings, and to consult with any organization, educational institution,
    18  or other government entity or person, to enable  it  to  accomplish  its
    19  duties.  The  task  force  shall hold at least one public hearing in the
    20  state for the purpose of soliciting public comment on stretch  limousine
    21  safety.
    22    6.  To effectuate the purposes of this act, the task force may request
    23  and shall receive from any department, division, board, bureau,  commis-
    24  sion  or  other  agency  of the state or any state public authority such
    25  assistance, information and data as will enable the task force to  prop-
    26  erly carry out its powers and duties hereunder.
    27    7. The task force shall undertake a review of the actions and measures
    28  that  are  needed  to ensure safe, adequate, efficient and reliable for-
    29  hire passenger transportation by stretch limousine and make  recommenda-
    30  tions regarding:
    31    a.  enhanced coordination between the department of motor vehicles and
    32  the department of transportation regarding  the  regulation  of  stretch
    33  limousines,  including  an examination into how the department of trans-
    34  portation and department of motor vehicles can share necessary  informa-
    35  tion  related  to  stretch limousines and their operators including, but
    36  not  limited  to,  inspection  status,  registration  status,  operating
    37  certificate   or   permit  status,  and  relevant  traffic  or  criminal
    38  convictions, in real time, and regarding the best uses for a  smartphone
    39  application, website, or hotline;
    40    b. the establishment and adoption of a uniform safety training program
    41  for  drivers  of stretch limousines, including a component to train such
    42  drivers to conduct a safety demonstration  with  passengers  instructing
    43  them on the use of seatbelts and any other relevant safety measures that
    44  may be deemed useful;
    45    c.  the  appropriateness of extending vehicle and traffic law require-
    46  ments and regulations that currently apply to bus drivers under  article
    47  19-A of such law to drivers of stretch limousines;
    48    d.  the  appropriateness of establishing a limit on the maximum allow-
    49  able time frame for stretch limousines to be  permitted  to  operate  on
    50  roadways  within  the  state,  such  as a possible limit of ten years or
    51  350,000 miles;
    52    e. a review of federal laws and rules as they relate to the regulation
    53  of stretch limousines, including but not limited to,  identification  of
    54  the  subject  areas  specifically  regulated  by federal laws and rules,
    55  whether and to what extent federal laws and rules preempt  state  action
    56  with  respect  to  the  regulation  of  stretch limousines, and areas of
        S. 6189--B                          3

     1  stretch limousine regulation which  are  subject  to  oversight  by  the
     2  states; and
     3    f.  the  need  for  additional safety measures for stretch limousines,
     4  including, but not limited to, increasing the minimum age for drivers to
     5  obtain a license to operate  stretch  limousines;  the  installation  of
     6  safety features in such vehicles such as multiple anti-intrusion bars in
     7  side panels, roll-over protection devices such as cages or pillars, rear
     8  emergency  exits including push-out windows, rear view cameras, airbags,
     9  carbon monoxide monitors, and speed restriction or governing devices  to
    10  limit  top  vehicle  speeds; appropriate notice or signage for customers
    11  and passengers; and the feasibility and necessity  of  having  New  York
    12  state run crash testing for stretch limousines.
    13    8.  The  task  force  shall,  on  or before May 1, 2021, issue a final
    14  report and recommendations to the governor, the temporary  president  of
    15  the senate, and the speaker of the assembly.
    16    9.  For  the  purposes of this act, the term "stretch limousine" shall
    17  mean any motor vehicle with a chassis which was altered post-manufacture
    18  and having a seating capacity of nine or more passengers, including  the
    19  driver,  used  in  the  business  of transporting passengers for compen-
    20  sation.
    21    § 2. This act shall take effect on the thirtieth day  after  it  shall
    22  have  become  a law and shall expire and be deemed repealed December 31,
    23  2021.