Bill S385-2013

Relates to the New York Black Car Operators' Injury Compensation Fund, Inc.

Relates to the New York Black Car Operators' Injury Compensation Fund, Inc.

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  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S385

TITLE OF BILL: 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.

PURPOSE: To clarify existing law that workers' compensation benefits secured by the New York Black Car Operators' Injury Compensation Fund, Inc. (the "Fund") pursuant to Executive Law Article 6-F is designed to only cover black operators whose injuries arose out of and in the course of providing covered services while on a dispatch from a central dispatch facility.

SUMMARY OF PROVISIONS: Section 1. Amends Section 160-cc (4) of the Executive Law. Clarifies that the definition of covered services means a black car operator while on a dispatch from a central dispatch facility.

Section 2. Amends Section 160-cc (6) (7) (8) of the Executive Law; renumbers such subdivisions to (7) (8) and (9); adds a new subdivision (6). Defines the term "dispatch" to mean a black car operator who is in the course of picking up, transporting or discharging a passenger or package or other items at the express direction of a central dispatch facility or such other meaning as established by regulation proposed by the Fund and adopted by the Department of State.

Sections 3 to 6. Amends Sections 2(3), 2(4), 2(5) and 11 of the Workers' Compensation Law. Clarifies that the Fund is deemed to be the "employer" of a black car operator and such operator is deemed to be an "employee" and in the "employment" of the Fund only while such operator is providing covered services. Additionally, a black car operator providing services for a central dispatch facility refers to covered services.

Section 7 Effective Date

EXISTING LAW: Executive Law Article 6F; New York Black Car Operators' Injury Compensation Fund, Inc.

JUSTIFICATION: Chapter 49 of the Laws of 1999 created the New York Black Car Operators' Injury Compensation Fund, Inc. The Fund is organized as a not-for-profit corporation pursuant to Executive Law Article 6-F for the purpose of establishing a fund for the provision of workers' compensation coverage for black car operators, and is an important benefit consistent with the business interests of central dispatch facilities. The cost is borne by the passenger in the car as the recipient of the benefits of the services. The Appellate Division for the 3rd Department, in Aminov v. New York Black Car Operators Injury Compensation Fund, Inc., 2 A.D.2d 1007, 768 N.Y.S.2d 530 (3d Dept.

2003), broadly interpreted the term covered services under Executive Law Section 160-cc(4) to encompass a black car operator who simply logged onto the central dispatch facility, and therefore was not engaged in the delivery of services to a passenger. The decision of the Court in Aminov overlooks the legislative intent of Chapter 49 and is at odds with the plain language of Executive Law Section 160-cc(4), which was intended to provide that black car operators are covered only for injuries that arose out of and in the course of a dispatch assignment. Black car operators are more analogous to independent contractors in they generally keep their own hours and autonomously decide whether to receive equitable treatment when they are injured in the course of picking up, transporting or discharging passengers on behalf of a central dispatch facility.

LEGISLATIVE HISTORY: 2012: S68 - Referred to Civil Service and Pensions 2011: S.268 - Discharged from Finance and Committed to Civil Service and Pensions 2010: S.2173 - Referred to Finance/A.366 Enacting Clause Stricken 2009: S.2173 - Referred to Finance/A. 366 - Referred to Labor 2007-08: S.6260 - Passed Senate/A.9153 Passed Assembly; Veto 160

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 385 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
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: Section 1. Subdivision 4 of section 160-cc of the executive law, as added by chapter 49 of the laws of 1999, is amended to read as follows: 4. "Covered services" means ONLY A BLACK CAR OPERATOR WHO IS IN THE COURSE OF A DISPATCH, with respect to dispatches from or by a central dispatch facility located in the state, all dispatches from such central dispatch facility regardless of where the pick-up or discharge occurs, and, with respect to dispatches from or by a central dispatch facility located outside the state, all dispatches involving a pick-up in the state, regardless of where the discharge occurs. S 2. Subdivisions 6, 7, 8 and 9 of section 160-cc of the executive law are renumbered subdivisions 7, 8, 9 and 10 and a new subdivision 6 is added to read as follows: 6. "DISPATCH" OR "DISPATCHES" SHALL MEAN A BLACK CAR OPERATOR WHO IS IN THE COURSE OF PICKING UP, TRANSPORTING OR DISCHARGING A PASSENGER OR PACKAGE OR OTHER ITEM AT THE EXPRESS DIRECTION OF A CENTRAL DISPATCH FACILITY OR SUCH OTHER MEANING AS ESTABLISHED BY REGULATION PROPOSED BY THE BOARD OF DIRECTORS OF THE FUND AND ADOPTED BY THE DEPARTMENT IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-NN OF THIS ARTICLE. S 3. The second undesignated paragraph of subdivision 3 of section 2 of the workers' compensation law, as amended by chapter 392 of the laws of 2008, is amended to read as follows: Notwithstanding any other provision of this chapter, and for purposes of this chapter only, the employer of a black car operator PROVIDING
COVERED SERVICES, as defined in article six-F of the executive law, shall, on and after the fund liability date, as defined in such article, be the New York black car operators' injury compensation fund, inc. created pursuant to such article. S 4. The seventh undesignated paragraph of subdivision 4 of section 2 of the workers' compensation law, as added by chapter 49 of the laws of 1999, is amended to read as follows: Notwithstanding any other provision of this chapter, and for purposes of this chapter only, a black car operator PROVIDING COVERED SERVICES, as defined in article six-F of the executive law, shall, on and after the fund liability date, as defined in such article, be an "employee" of the New York black car operators' injury compensation fund, inc. created pursuant to such article. S 5. The fourth undesignated paragraph of subdivision 5 of section 2 of the workers' compensation law, as added by chapter 49 of the laws of 1999, is amended to read as follows: Notwithstanding any other provision of this chapter, and for purposes of this chapter only, a black car operator PROVIDING COVERED SERVICES, as that term is defined in article six-F of the executive law, shall, on and after the fund liability date, as that term is defined in such arti- cle, be regarded as in the "employment" of the New York black car opera- tors' injury compensation fund, inc. created pursuant to such article. S 6. The fifth undesignated paragraph of section 11 of the workers' compensation law, as added by chapter 49 of the laws of 1999, is amended to read as follows: The liability under this chapter of the New York black car operators' injury compensation fund, inc. shall be limited to: (i) securing the payment of workers' compensation in accordance with article six-F of the executive law to black car operators PROVIDING COVERED SERVICES, as defined in such article, whose injury arose out of and in the course of providing ONLY COVERED services for a central dispatch facility, as defined in such article, that is a registered member of such fund, and (ii) any statutory penalty resulting from the failure to secure such payment. The liability under this chapter of a central dispatch facili- ty, as defined in article six-F of the executive law, that is a regis- tered member of the New York black car operators' injury compensation fund, inc. that shall be limited to remaining a registered member in good standing of such fund and any statutory penalty, including loss of immunity provided by this section, resulting from the failure to become or remain a registered member in good standing of such fund, except, however, that such central dispatch facility shall be subject to the provisions of section one hundred thirty-one of this chapter and shall be liable for any payments for which it may become responsible pursuant to such section or pursuant to section fourteen-a of this chapter. S 7. This act shall take effect immediately.

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