Senate Bill S4108A

2015-2016 Legislative Session

Relates to transportation network companies

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2015-S4108 - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §§3441 & 3455, amd §5103, Ins L

2015-S4108 - Summary

Relates to transportation network companies.

2015-S4108 - Sponsor Memo

2015-S4108 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4108

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 27, 2015
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance 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:

  Section  1.  The insurance law is amended by adding a new section 3441
to read as follows:
  S 3441. TRANSPORTATION  NETWORK  COMPANIES.  (A)  NOTWITHSTANDING  ANY
OTHER PROVISION OF THIS CHAPTER, THIS SECTION SHALL APPLY TO TRANSPORTA-
TION NETWORK COMPANIES.
  (B)  FOR  PURPOSES  OF  THIS  SECTION  THE FOLLOWING DEFINITIONS SHALL
APPLY:
  (1) "TRANSPORTATION NETWORK COMPANY" MEANS AN ORGANIZATION, INCLUDING,
BUT NOT LIMITED TO, A CORPORATION, LIMITED LIABILITY  COMPANY,  PARTNER-
SHIP, SOLE PROPRIETOR, OR ANY OTHER ENTITY, OPERATING IN THIS STATE THAT
PROVIDES  PREARRANGED  TRANSPORTATION SERVICES FOR COMPENSATION USING AN
ONLINE-ENABLED APPLICATION OR PLATFORM TO CONNECT PASSENGERS WITH  DRIV-
ERS USING A PERSONAL VEHICLE.
  (2)  "PARTICIPATING  DRIVER"  OR  "DRIVER" MEANS ANY PERSON WHO USES A
VEHICLE IN CONNECTION WITH A TRANSPORTATION NETWORK COMPANY'S ONLINE-EN-
ABLED APPLICATION OR PLATFORM TO CONNECT WITH PASSENGERS.
  (3) "TRANSPORTATION NETWORK COMPANY INSURANCE" IS AN INSURANCE  POLICY
THAT  SPECIFICALLY COVERS A DRIVER'S USE OF A VEHICLE IN CONNECTION WITH
A TRANSPORTATION NETWORK COMPANY'S ONLINE-ENABLED APPLICATION  OR  PLAT-
FORM.
  (C)  A  TRANSPORTATION  NETWORK  COMPANY  SHALL DISCLOSE IN WRITING TO
PARTICIPATING DRIVERS, AS PART OF ITS AGREEMENT WITH THOSE DRIVERS,  THE
INSURANCE  COVERAGE  AND  LIMITS  OF  LIABILITY  THAT THE TRANSPORTATION
NETWORK COMPANY PROVIDES WHILE THE DRIVER USES A VEHICLE  IN  CONNECTION
WITH  A  TRANSPORTATION  NETWORK COMPANY'S ONLINE-ENABLED APPLICATION OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09417-01-5
              

co-Sponsors

2015-S4108A - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §§3441 & 3455, amd §5103, Ins L

2015-S4108A - Summary

Relates to transportation network companies.

2015-S4108A - Sponsor Memo

2015-S4108A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4108--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 27, 2015
                               ___________

Introduced  by  Sens.  SEWARD,  DILAN, VALESKY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Insur-
  ance  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the insurance 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:

  Section  1.  The insurance law is amended by adding a new section 3441
to read as follows:
  S 3441. TRANSPORTATION  NETWORK  COMPANIES.  (A)  NOTWITHSTANDING  ANY
OTHER PROVISION OF THIS CHAPTER, THIS SECTION SHALL APPLY TO TRANSPORTA-
TION NETWORK COMPANIES.
  (B)  FOR  PURPOSES  OF  THIS  SECTION  THE FOLLOWING DEFINITIONS SHALL
APPLY:
  (1) "PERSONAL VEHICLE" MEANS A VEHICLE THAT IS USED BY  A  TRANSPORTA-
TION NETWORK COMPANY DRIVER AND IS:
  (A)  OWNED,  LEASED OR OTHERWISE AUTHORIZED FOR USE BY THE TRANSPORTA-
TION NETWORK COMPANY DRIVER; AND
  (B) NOT A TAXICAB, LIVERY OR FOR-HIRE VEHICLE.
  (2) "DIGITAL NETWORK" MEANS ANY ONLINE-ENABLED APPLICATION,  SOFTWARE,
WEBSITE OR SYSTEM OFFERED OR UTILIZED BY A TRANSPORTATION NETWORK COMPA-
NY  THAT ENABLES THE PREARRANGEMENT OF RIDES WITH TRANSPORTATION NETWORK
COMPANY DRIVERS.
  (3) "TRANSPORTATION NETWORK COMPANY" MEANS A CORPORATION, PARTNERSHIP,
SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS  OPERATING  IN  THIS  STATE
THAT  USES  A  DIGITAL NETWORK TO CONNECT TRANSPORTATION NETWORK COMPANY
RIDERS TO TRANSPORTATION NETWORK COMPANY DRIVERS WHO PROVIDE PREARRANGED
RIDES. A TRANSPORTATION NETWORK COMPANY SHALL NOT BE DEEMED TO  CONTROL,
DIRECT OR MANAGE THE PERSONAL VEHICLES OR TRANSPORTATION NETWORK COMPANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09417-02-5

              

co-Sponsors

2015-S4108B - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §§3441 & 3455, amd §5103, Ins L

2015-S4108B - Summary

Relates to transportation network companies.

2015-S4108B - Sponsor Memo

2015-S4108B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4108--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 27, 2015
                               ___________

Introduced  by  Sens.  SEWARD,  DILAN, VALESKY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Insur-
  ance  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the insurance 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:

  Section  1.  The insurance law is amended by adding a new section 3441
to read as follows:
  S 3441. TRANSPORTATION NETWORK COMPANIES.    (A)  NOTWITHSTANDING  ANY
OTHER PROVISION OF THIS CHAPTER, THIS SECTION SHALL APPLY TO TRANSPORTA-
TION NETWORK COMPANIES.
  (B)  FOR  PURPOSES  OF  THIS  SECTION  THE FOLLOWING DEFINITIONS SHALL
APPLY:
  (1) "PERSONAL VEHICLE" MEANS A MOTOR VEHICLE USED BY A  TRANSPORTATION
NETWORK  COMPANY  DRIVER  AND  IS  OWNED OR LEASED BY THE TRANSPORTATION
NETWORK COMPANY DRIVER.
  (2) "DIGITAL NETWORK" MEANS ANY ONLINE-ENABLED APPLICATION,  SOFTWARE,
WEBSITE OR SYSTEM OFFERED OR UTILIZED BY A TRANSPORTATION NETWORK COMPA-
NY  THAT ENABLES THE PREARRANGEMENT OF RIDES WITH TRANSPORTATION NETWORK
COMPANY DRIVERS.
  (3) "TRANSPORTATION NETWORK COMPANY" MEANS A CORPORATION, PARTNERSHIP,
SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS  OPERATING  IN  THIS  STATE
THAT  USES  A  DIGITAL NETWORK TO CONNECT TRANSPORTATION NETWORK COMPANY
RIDERS TO TRANSPORTATION NETWORK COMPANY DRIVERS WHO PROVIDE PREARRANGED
RIDES. A TRANSPORTATION NETWORK COMPANY SHALL NOT BE DEEMED TO  CONTROL,
DIRECT OR MANAGE THE PERSONAL VEHICLES OR TRANSPORTATION NETWORK COMPANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09417-03-5

              

co-Sponsors

2015-S4108C - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §§3441 & 3455, amd §5103, Ins L

2015-S4108C - Summary

Relates to transportation network companies.

2015-S4108C - Sponsor Memo

2015-S4108C - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4108--C

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 27, 2015
                               ___________

Introduced  by  Sens.  SEWARD,  DILAN, VALESKY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Insur-
  ance  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN ACT to amend the insurance 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:

  Section 1. The insurance law is amended by adding a new  section  3441
to read as follows:
  S  3441.  TRANSPORTATION  NETWORK COMPANIES.   (A) NOTWITHSTANDING ANY
OTHER PROVISION OF THIS CHAPTER, THIS SECTION SHALL APPLY TO TRANSPORTA-
TION NETWORK COMPANIES.
  (B) FOR PURPOSES OF  THIS  SECTION  THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  (1)  "PERSONAL VEHICLE" MEANS A MOTOR VEHICLE USED BY A TRANSPORTATION
NETWORK COMPANY DRIVER AND IS OWNED  OR  LEASED  BY  THE  TRANSPORTATION
NETWORK COMPANY DRIVER.
  (2)  "DIGITAL NETWORK" MEANS ANY ONLINE-ENABLED APPLICATION, SOFTWARE,
WEBSITE OR SYSTEM OFFERED OR UTILIZED BY A TRANSPORTATION NETWORK COMPA-
NY THAT ENABLES THE PREARRANGEMENT OF RIDES WITH TRANSPORTATION  NETWORK
COMPANY DRIVERS.
  (3) "TRANSPORTATION NETWORK COMPANY" MEANS A CORPORATION, PARTNERSHIP,
SOLE  PROPRIETORSHIP,  OR  OTHER  ENTITY THAT IS OPERATING IN THIS STATE
THAT USES A DIGITAL NETWORK TO CONNECT  TRANSPORTATION  NETWORK  COMPANY
RIDERS TO TRANSPORTATION NETWORK COMPANY DRIVERS WHO PROVIDE PREARRANGED
RIDES.  A TRANSPORTATION NETWORK COMPANY SHALL NOT BE DEEMED TO CONTROL,
DIRECT OR MANAGE THE PERSONAL VEHICLES OR TRANSPORTATION NETWORK COMPANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09417-05-5
              

co-Sponsors

2015-S4108D (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Add §§3441 & 3455, amd §5103, Ins L

2015-S4108D (ACTIVE) - Summary

Relates to transportation network companies.

2015-S4108D (ACTIVE) - Sponsor Memo

2015-S4108D (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4108--D
    Cal. No. 1283

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 27, 2015
                               ___________

Introduced  by  Sens.  SEWARD,  BOYLE, VALESKY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Insur-
  ance  --  committee  discharged,  bill  amended,  ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Insurance in accordance with Senate Rule  6,  sec.  8  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the insurance 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:

  Section 1. The insurance law is amended by adding a new  section  3441
to read as follows:
  S  3441.  TRANSPORTATION  NETWORK COMPANIES.   (A) NOTWITHSTANDING ANY
OTHER PROVISION OF THIS CHAPTER, THIS SECTION SHALL APPLY TO TRANSPORTA-
TION NETWORK COMPANIES.
  (B) FOR PURPOSES OF  THIS  SECTION  THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  (1)  "PERSONAL VEHICLE" MEANS A MOTOR VEHICLE USED BY A TRANSPORTATION
NETWORK COMPANY DRIVER AND IS OWNED  OR  LEASED  BY  THE  TRANSPORTATION
NETWORK COMPANY DRIVER.
  (2)  "DIGITAL NETWORK" MEANS ANY ONLINE-ENABLED APPLICATION, SOFTWARE,
WEBSITE OR SYSTEM OFFERED OR UTILIZED BY A TRANSPORTATION NETWORK COMPA-
NY THAT ENABLES THE PREARRANGEMENT OF RIDES WITH TRANSPORTATION  NETWORK
COMPANY DRIVERS.
  (3) "TRANSPORTATION NETWORK COMPANY" MEANS A CORPORATION, PARTNERSHIP,
SOLE  PROPRIETORSHIP,  OR  OTHER  ENTITY THAT IS OPERATING IN THIS STATE

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

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