2023 New York Laws › EXC - Executive › Article 6-G - Independent Livery Driver Benefit Fund › 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.