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

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.