S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6189
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to establish the  passenger  safety  task  force  on  safety  for
   passengers transported by stretch limousines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Passenger safety task force. 1. The passenger  safety  task
 force is hereby established, and shall consist of twenty members includ-
 ing  two  co-chairs who will share joint responsibility for carrying out
 its charge. The chairs shall be the commissioner of the New York depart-
 ment of motor vehicles, or his or her designee, and the commissioner  of
 the  New  York department of transportation, or his or her designee. The
 additional eighteen members shall include:
   a. eleven representatives, each of whom shall be an owner  or  commer-
 cial  operator  of  stretch  limousines from each of the eleven New York
 department of transportation regions;
   b. the superintendent of the New York state  police,  or  his  or  her
 designee;
   c.  two members who shall be appointed by the governor, one of whom is
 a community safety advocate;
   d. two members who shall be appointed by the  temporary  president  of
 the senate, one of whom is a community safety advocate; and
   e.  two members who shall by appointed by the speaker of the assembly,
 one of whom is a community safety advocate.
   2. Members of the task force shall serve without compensation.
   3. The task force shall undertake a review of the actions and measures
 that are needed to ensure safe, adequate, efficient and reliable passen-
 ger transportation by stretch limousine and shall issue a  final  report
 and make recommendations regarding:
   a.  the  promotion of enhanced coordination and uniformity between the
 New York department of motor vehicles and the  New  York  department  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11953-01-9

 S. 6189                             2
 
 transportation regarding the regulation of stretch limousines, including
 an  examination into how the department of transportation and department
 of motor vehicles can share necessary  information,  including  but  not
 limited   to   inspection   status  and  relevant  traffic  or  criminal
 convictions, in real time;
   b. the establishment and adoption of a uniform safety training program
 for drivers. Such program should include a component which  shall  train
 drivers  to  conduct  a safety demonstration with passengers instructing
 them on the use of seatbelts and any other relevant safety measures that
 may be deemed useful;
   c. the appropriateness of extending federal regulations that currently
 apply to bus drivers to stretch limousines, including, but  not  limited
 to  extending the requirement for alcohol and drug testing to drivers of
 vehicles with ten occupants or more;
   d. establishing a limit  on  the  maximum  allowable  time  frame  for
 stretch limousines to be permitted to operate on state roadways, includ-
 ing a possible limit of ten years or 350,000 miles;
   e.  the  need for additional safety measures, including traffic safety
 measures such as prohibiting drivers from making U-turns or the  use  of
 hands-free  devices  while operating a stretch limousine except in cases
 of emergency or for purposes of dispatch,  and  requiring  that  certain
 safety features be installed in these vehicles, including but not limit-
 ed  to  requiring  multiple  anti-intrusion  bars in side panels, carbon
 monoxide monitors, and rear view cameras, airbags, speed restriction  or
 governing  devices to limit top vehicle speeds, New York state owned and
 operated inspection  stations  solely  for  stretch  limousines,  random
 on-site stretch limousine inspections, appropriate notice or signage for
 customers,  and  the  feasibility and necessity of having New York state
 run crash testing for stretch limousines; and
   f. increasing the minimum age for drivers to obtain a license to oper-
 ate stretch limousines.
   4. The task force shall convene at least one public forum in the state
 for purposes of soliciting public commentary on stretch limousine  safe-
 ty.  The task force shall, within six months of convening, issue a final
 report and recommendations to the governor, the temporary  president  of
 the senate, and the speaker of the assembly.
   5.  For  the  purposes of this act, "stretch limousine" shall mean any
 for hire vehicle with a chassis which was manufactured and then  altered
 for  the  purpose  of transporting nine or more occupants, including the
 driver.
   6. To effectuate the purposes of this act, the task force may  request
 and  shall receive from any department, division, board, bureau, commis-
 sion or other agency of the state or any  state  public  authority  such
 assistance,  information  and  data as will enable the board properly to
 carry out its powers and duties hereunder. Provided, however, that noth-
 ing set forth in this section shall be construed to impede, infringe  or
 diminish  the rights and benefits that accrue to employees and employers
 through collective bargaining agreements, or impact or change an employ-
 ee's membership in a bargaining unit.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6189--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section  1. Stretch limousine passenger safety task force. 1. There is
 hereby created the "stretch  limousine  passenger  safety  task  force",
 hereinafter  referred to as the "task force", to conduct a comprehensive
 review of matters influencing  the  safety,  adequacy,  efficiency,  and
 reliability  of  stretch  limousine  transportation  of  passengers  for
 compensation.
   2. Such task force shall consist of  twenty-one  members  which  shall
 include  the  commissioner of motor vehicles or his or her designee, the
 commissioner of transportation or his or her designee,  the  superinten-
 dent  of  the New York state police or his or her designee, and eighteen
 other members to be appointed by the governor as follows: three upon the
 recommendation of the temporary president of the senate, three upon  the
 recommendation  of the speaker of the assembly, one upon the recommenda-
 tion of the minority leader of the senate, one upon  the  recommendation
 of  the  minority leader of the assembly, and ten without recommendation
 from any other person. Of the appointed members, two shall  have  exper-
 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
 
 protection, two shall have expertise in fields or disciplines related to
 motor vehicle crash  avoidance  and  crash-worthiness,  two  shall  have
 expertise  in  fields or disciplines related to motor vehicle alteration
 and  construction,  two  shall  have  expertise in fields or disciplines
 related to commercial motor vehicle driver training, two shall be repre-
 sentative of the traffic safety community, two shall  be  representative
 of  the  consumer protection and public health and safety community, and
 six shall be representative of owner or commercial operator  of  stretch
 limousines  from each of the six motor carrier safety assistance program
 (MCSAP) regions as established by the commissioner of transportation.
   3. Members of the task force shall  serve  without  compensation.  Any
 vacancies  on  the task force shall be filled in the manner provided for
 in the initial appointment.
   4. The commissioner of transportation and the  commissioner  of  motor
 vehicles shall serve as joint chairs of the task force.
   5.  The  task  force  shall  be authorized to hold public hearings and
 meetings, and to consult with any organization, educational institution,
 or other government entity or person, to enable  it  to  accomplish  its
 duties.  The  task  force  shall hold at least one public hearing in the
 state for the purpose of soliciting public comment on stretch  limousine
 safety.
   6.  To effectuate the purposes of this act, the task force may request
 and shall receive from any department, division, board, bureau,  commis-
 sion  or  other  agency  of the state or any state public authority such
 assistance, information and data as will enable the task force to  prop-
 erly carry out its powers and duties hereunder.
   7. The task force shall undertake a review of the actions and measures
 that  are  needed  to ensure safe, adequate, efficient and reliable for-
 hire passenger transportation by stretch limousine and make  recommenda-
 tions regarding:
   a.  enhanced coordination between the department of motor vehicles and
 the department of transportation regarding  the  regulation  of  stretch
 limousines,  including  an examination into how the department of trans-
 portation and department of motor vehicles can share necessary  informa-
 tion  related  to  stretch limousines and their operators including, but
 not  limited  to,  inspection  status,  registration  status,  operating
 certificate   or   permit  status,  and  relevant  traffic  or  criminal
 convictions, in real time, and regarding the best uses for a  smartphone
 application, website, or hotline;
   b. the establishment and adoption of a uniform safety training program
 for  drivers  of stretch limousines, including a component to train such
 drivers to conduct a safety demonstration  with  passengers  instructing
 them on the use of seatbelts and any other relevant safety measures that
 may be deemed useful;
   c.  the  appropriateness of extending vehicle and traffic law require-
 ments and regulations that currently apply to bus drivers under  article
 19-A of such law to drivers of stretch limousines;
   d.  the  appropriateness of establishing a limit on the maximum allow-
 able time frame for stretch limousines to be  permitted  to  operate  on
 roadways  within  the  state,  such  as a possible limit of ten years or
 350,000 miles;
   e. a review of federal laws and rules as they relate to the regulation
 of stretch limousines, including but not limited to,  identification  of
 the  subject  areas  specifically  regulated  by federal laws and rules,
 whether and to what extent federal laws and rules preempt  state  action
 with  respect  to  the  regulation  of  stretch limousines, and areas of

 S. 6189--B                          3
 
 stretch limousine regulation which  are  subject  to  oversight  by  the
 states; and
   f.  the  need  for  additional safety measures for stretch limousines,
 including, but not limited to, increasing the minimum age for drivers to
 obtain a license to operate  stretch  limousines;  the  installation  of
 safety features in such vehicles such as multiple anti-intrusion bars in
 side panels, roll-over protection devices such as cages or pillars, rear
 emergency  exits including push-out windows, rear view cameras, airbags,
 carbon monoxide monitors, and speed restriction or governing devices  to
 limit  top  vehicle  speeds; appropriate notice or signage for customers
 and passengers; and the feasibility and necessity  of  having  New  York
 state run crash testing for stretch limousines.
   8.  The  task  force  shall,  on  or before May 1, 2021, issue a final
 report and recommendations to the governor, the temporary  president  of
 the senate, and the speaker of the assembly.
   9.  For  the  purposes of this act, the term "stretch limousine" shall
 mean any motor vehicle with a chassis which was altered post-manufacture
 and having a seating capacity of nine or more passengers, including  the
 driver,  used  in  the  business  of transporting passengers for compen-
 sation.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a law and shall expire and be deemed repealed December 31,
 2021.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6189--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens.  KAPLAN,  BRESLIN, CARLUCCI, KENNEDY, LIU, PARKER,
   SEWARD, 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  --  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:
 
   Section  1. Stretch limousine passenger safety task force. 1. There is
 hereby created the "stretch  limousine  passenger  safety  task  force",
 hereinafter  referred to as the "task force", to conduct a comprehensive
 review of matters influencing  the  safety,  adequacy,  efficiency,  and
 reliability  of  stretch  limousine  transportation  of  passengers  for
 compensation.
   2. Such task force shall consist of eleven members which shall include
 the commissioner of motor vehicles or his or her designee,  the  commis-
 sioner  of  transportation or his or her designee, the superintendent of
 the New York state police or  his  or  her  designee,  and  eight  other
 members  to be appointed by the governor as follows: two upon the recom-
 mendation of the temporary president of the senate, two upon the  recom-
 mendation of the speaker of the assembly, one upon the recommendation of
 the  minority  leader  of the senate, one upon the recommendation of the
 minority leader of the assembly and two without recommendation from  any
 other person.

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

                                                            LBD11953-04-0

 S. 6189--C                          2
 
   3.  Members  of  the  task force shall serve without compensation. Any
 vacancies on the task force shall be filled in the manner  provided  for
 in the initial appointment.
   4.  The  commissioner  of transportation and the commissioner of motor
 vehicles shall serve as joint chairs of the task force.
   5. The task force shall be authorized  to  hold  public  hearings  and
 meetings, and to consult with any organization, educational institution,
 or  other  government  entity  or person, to enable it to accomplish its
 duties. The task force shall hold at least one  public  hearing  in  the
 state  for the purpose of soliciting public comment on stretch limousine
 safety.
   6. To effectuate the purposes of this act, the task force may  request
 and  shall receive from any department, division, board, bureau, commis-
 sion or other agency of the state or any  state  public  authority  such
 assistance,  information and data as will enable the task force to prop-
 erly carry out its powers and duties hereunder.
   7. The task force shall undertake a review of the actions and measures
 that are needed to ensure safe, adequate, efficient  and  reliable  for-
 hire  passenger transportation by stretch limousine and make recommenda-
 tions regarding:
   a. enhanced coordination between the department of motor vehicles  and
 the  department  of  transportation  regarding the regulation of stretch
 limousines, including an examination into how the department  of  trans-
 portation  and department of motor vehicles can share necessary informa-
 tion related to stretch limousines and their  operators  including,  but
 not  limited  to,  inspection  status,  registration  status,  operating
 certificate  or  permit  status,  and  relevant  traffic   or   criminal
 convictions,  in real time, and regarding the best uses for a smartphone
 application, website, or hotline;
   b. the establishment and adoption of a uniform safety training program
 for drivers of stretch limousines, including a component to  train  such
 drivers  to  conduct  a safety demonstration with passengers instructing
 them on the use of seatbelts and any other relevant safety measures that
 may be deemed useful;
   c. the appropriateness of extending vehicle and traffic  law  require-
 ments  and regulations that currently apply to bus drivers under article
 19-A of such law to drivers of stretch limousines;
   d. the appropriateness of establishing a limit on the  maximum  allow-
 able  time  frame  for  stretch limousines to be permitted to operate on
 roadways within the state, such as a possible  limit  of  ten  years  or
 350,000 miles;
   e. a review of federal laws and rules as they relate to the regulation
 of  stretch  limousines, including but not limited to, identification of
 the subject areas specifically regulated  by  federal  laws  and  rules,
 whether  and  to what extent federal laws and rules preempt state action
 with respect to the regulation  of  stretch  limousines,  and  areas  of
 stretch  limousine  regulation  which  are  subject  to oversight by the
 states; and
   f. the need for additional safety  measures  for  stretch  limousines,
 including, but not limited to, increasing the minimum age for drivers to
 obtain  a  license  to  operate  stretch limousines; the installation of
 safety features in such vehicles such as multiple anti-intrusion bars in
 side panels, roll-over protection devices such as cages or pillars, rear
 emergency exits including push-out windows, rear view cameras,  airbags,
 carbon  monoxide monitors, and speed restriction or governing devices to
 limit top vehicle speeds; appropriate notice or  signage  for  customers

 S. 6189--C                          3
 
 and  passengers;  and  the  feasibility and necessity of having New York
 state run crash testing for stretch limousines.
   8.  The task force shall, on or before November 1, 2021, issue a final
 report and recommendations to the governor, the temporary  president  of
 the senate, and the speaker of the assembly.
   9.  For  the  purposes of this act, the term "stretch limousine" shall
 mean any motor vehicle with a chassis which was altered post-manufacture
 and having a seating capacity of nine or more passengers, including  the
 driver,  used  in  the  business  of transporting passengers for compen-
 sation.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law and shall expire and be deemed repealed May 31, 2022.