N.Y. Executive Law § 160-bbb: Independent livery driver benefit fund

§ 160-bbb. Independent livery driver benefit fund. 1. There is hereby

created a not-for-profit corporation to be known as the New York

independent livery driver benefit fund. To the extent that the

provisions of the not-for-profit corporation law do not conflict with

the provisions of this article, or with the plan of operation

established pursuant to this article, the not-for-profit corporation law

shall apply to the fund, which shall be a type C corporation pursuant to

such law. If an applicable provision of this article or of the fund's

plan of operation relates to a matter embraced in a provision of the

not-for-profit corporation law but is not in conflict therewith, both

provisions shall apply. The fund shall perform its functions in

accordance with its plan of operation, and shall exercise its powers

through a board of directors established pursuant to this article.

2. Within thirty days of the effective date of this article, there

shall be appointed a board of directors of the fund, consisting of nine

directors appointed by the governor, one of whom shall be chosen upon

nomination of the temporary president of the senate; one of whom shall

be chosen upon nomination of the speaker of the assembly; one of whom

shall be chosen upon nomination of the chair of the workers'

compensation board; one of whom shall be chosen on nomination of the

superintendent of financial services; one of whom shall be chosen on

nomination of the American Federation of Labor-Congress of Industrial

Organizations of New York; and four of whom shall be chosen without

prior nomination, at least two of which shall be a livery registrant or

owner, officer or director of a livery base or livery registrant. The

initial terms of directors shall be staggered, the four directors

appointed by the governor without prior nomination serving for initial

terms of three years from the effective date of this article, the two

directors appointed upon nomination of the speaker of the assembly and

temporary president of the senate serving for initial terms of two years

from the effective date of this article, and the three directors on

nomination of the superintendent of financial services, the chair of the

workers' compensation board and the American Federation of

Labor-Congress of Industrial Organizations of New York serving for

initial terms of one year from the effective date of this article. The

subsequent terms of all directors shall be three years. The board of

directors shall have the power to remove for cause any director. The

failure of any nominating authority to appoint a director within the

time set by this subdivision shall not bar the fund from operating, so

long as at least six directors have been appointed.

3. The directors shall elect annually from among their number a chair

and a vice chair who shall act as chair in the chair's absence.

4. For their attendance at meetings, the directors of the fund shall

be entitled to compensation, as authorized by the directors, in an

amount not to exceed two hundred dollars per meeting per director and to

reimbursement of their actual and necessary expenses.

5. Directors of the fund, except as otherwise provided by law, may

engage in private or public employment or in a profession or business.

6. (a) All of the directors shall have equal voting rights and five or

more directors shall constitute a quorum. The affirmative vote of four

directors shall be necessary for the transaction of any business or the

exercise of any power or function of the fund.

(b) A vacancy occurring in a director position shall be filled in the

same manner as the initial appointment to that position, provided

however that no individual may serve as director for more than three

successive terms.

(c) The board of directors may:

(i) delegate to one or more of its directors, officers, agents or

employees such powers and duties as it may deem proper;

(ii) establish the procedure by which the fund shall determine how to

provide the benefits due pursuant to this article;

(iii) establish accounting and record-keeping procedures for all

financial transactions of the fund, its agents and the board of

directors;

(iv) establish a procedure for determining and collecting the

appropriate amount of assessments under and as consistent with this

article;

(v) set forth the procedures by which the fund may exercise the audit

rights granted to it under this article;

(vi) establish procedures to ensure prompt and accurate notification

to the fund by independent livery bases of all deaths of independent

livery drivers, and all injuries to livery drivers that resulted from a

crime for which there is a police report, and provide for full

reimbursement of the fund by any member whose failure to provide such

notification results in the imposition of a penalty on the fund by the

workers' compensation board;

(vii) recommend changes in the law or regulations governing workers'

compensation benefits with livery drivers; and

(viii) engage in such additional actions as the board of directors may

deem necessary or proper for the execution of the powers and duties of

the fund.