S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9761--A
 
                           I N  A S S E M B L Y
 
                             February 10, 2020
                                ___________
 
 Introduced  by  M.  of  A.  PERRY, COOK, HYNDMAN, VANEL -- read once and
   referred to the Committee on Insurance -- reported and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the insurance law, in relation to group policies for
   motor vehicles engaged in the business  of  carrying  or  transporting
   passengers for-hire
 
   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  3457
 to read as follows:
   §  3457. GROUP FLEET POLICY FOR MOTOR VEHICLES ENGAGED IN THE BUSINESS
 OF CARRYING OR TRANSPORTING PASSENGERS FOR-HIRE. (A) (I)  EVERY  AUTHOR-
 IZED  INSURER  THAT ISSUES OR ISSUES FOR DELIVERY IN THIS STATE A POLICY
 OF COMMERCIAL RISK INSURANCE  INSURING  AGAINST  LOSSES  OR  LIABILITIES
 ARISING  OUT  OF  THE  OWNERSHIP,  OPERATION, OR USE OF A MOTOR VEHICLE,
 SHALL ESTABLISH AND OFFER A GROUP  FLEET  POLICY  INSURING  AGAINST  THE
 LOSSES  OR  LIABILITIES  ARISING  OUT OF THE OWNERSHIP OF MOTOR VEHICLES
 ENGAGED IN THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS FOR-HIRE,
 HAVING A SEATING CAPACITY OF NOT LESS THAN EIGHT PASSENGERS. SUCH  GROUP
 FLEET  POLICY  SHALL  PROVIDE COVERAGE FOR MORE THAN ONE VEHICLE THROUGH
 ONE POLICY. SUCH GROUP FLEET POLICIES SHALL  BE  SUBJECT  TO  ALL  LAWS,
 RULES  AND  REGULATIONS APPLICABLE TO POLICIES OF COMMERCIAL RISK INSUR-
 ANCE INSURING AGAINST LOSSES OR LIABILITIES ARISING OUT  OF  THE  OWNER-
 SHIP,  OPERATION,  OR  USE OF A MOTOR VEHICLE ENGAGED IN THE BUSINESS OF
 CARRYING OR TRANSPORTING PASSENGERS FOR-HIRE, HAVING A SEATING  CAPACITY
 OF  NOT  LESS  THAN EIGHT PASSENGERS, INCLUDING BUT NOT LIMITED TO LAWS,
 RULES AND REGULATIONS  ESTABLISHING  FINANCIAL  RESPONSIBILITY  REQUIRE-
 MENTS.
   (II)  FOR  THE  PURPOSE  OF THIS SECTION, A "GROUP FLEET POLICY" SHALL
 MEAN, A POLICY ISSUED BY AN AUTHORIZED INSURER IN  THIS  STATE  INSURING
 AGAINST  LOSSES  OR  LIABILITIES ARISING OUT OF OWNERSHIP, OPERATION, OR
 USE OF A MOTOR VEHICLE ENGAGED IN THE BUSINESS OF CARRYING OR TRANSPORT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15098-06-0

 A. 9761--A                          2
 
 ING PASSENGERS FOR-HIRE, HAVING A SEATING  CAPACITY  OF  NOT  LESS  THAN
 EIGHT PASSENGERS, AND SUCH POLICY SHALL COVER MORE THAN ONE VEHICLE.
   (B) THE GROUP FLEET POLICY MAY BE ISSUED TO:
   (I)  ANY  PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY WHICH
 SHALL BE DEEMED THE POLICYHOLDER, WHERE THE POLICY INSURES THE  FOR-HIRE
 MOTOR  VEHICLES  OWNED BY SUCH PERSON, FIRM, ASSOCIATION, CORPORATION OR
 OTHER ENTITY; OR
   (II) AN ASSOCIATION WHERE SUCH ASSOCIATION SHALL BE DEEMED THE POLICY-
 HOLDER; WHERE ALL THE ELIGIBLE MEMBERS OF THE ASSOCIATION HAVE THE  SAME
 PROFESSION, TRADE, OR OCCUPATION, AND THE ASSOCIATION HAS BEEN ORGANIZED
 AND MAINTAINED IN GOOD FAITH FOR PURPOSES PRINCIPALLY OTHER THAN THAT OF
 OBTAINING  INSURANCE,  AND HAS BEEN IN ACTIVE EXISTENCE FOR AT LEAST TWO
 YEARS, AND WHERE THE POLICY INSURES THE MEMBERS OF THE ASSOCIATION.
   (C) AN AUTHORIZED INSURER ISSUING POLICIES PURSUANT  TO  THIS  SECTION
 SHALL  PROVIDE A MULTIPLE VEHICLE REDUCTION BASED ON THE NUMBER OF MOTOR
 VEHICLES THAT WILL BE COVERED UNDER SUCH POLICY. SUCH REDUCTION SHALL BE
 BASED  ON  ACTUARIALLY  APPROPRIATE  REDUCTIONS  AS  PROVIDED   FOR   IN
 SUBSECTION  (E)  OF  THIS SECTION. EACH INSURER REQUIRED TO PROVIDE SUCH
 REDUCTION SHALL SUBMIT A REPORT TO THE SUPERINTENDENT AT THE END OF EACH
 CALENDAR YEAR IDENTIFYING THE  NUMBER  OF  POLICIES  ELIGIBLE  FOR  SUCH
 DISCOUNT  AND  THE  NUMBER  OF  POLICIES TO WHICH SUCH DISCOUNT HAS BEEN
 APPLIED.
   (D) A MEMBER OF AN ASSOCIATION SHALL NOT BE DEEMED TO BE  AN  EMPLOYEE
 OF  SUCH ASSOCIATION SOLELY BECAUSE SUCH MEMBER IS COVERED UNDER A GROUP
 FLEET POLICY ISSUED TO AN ASSOCIATION PURSUANT TO THIS SECTION.
   (E) AUTHORIZED INSURERS REQUIRED TO  ESTABLISH  GROUP  FLEET  POLICIES
 PURSUANT TO THIS SECTION SHALL MAKE SUCH POLICIES AVAILABLE FOR PURCHASE
 NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-ONE.
   (F)  THE  SUPERINTENDENT  SHALL PROVIDE FOR AN ACTUARIALLY APPROPRIATE
 REDUCTION IN THE RATES OF PREMIUMS FOR COMMERCIAL RISK INSURANCE  APPLI-
 CABLE  TO  MOTOR  VEHICLES ENGAGED IN THE BUSINESS OF CARRYING OR TRANS-
 PORTING PASSENGERS FOR-HIRE, HAVING A SEATING CAPACITY OF NOT LESS  THAN
 EIGHT  PASSENGERS, FOR POLICIES THAT PROVIDE COVERAGE FOR MULTIPLE VEHI-
 CLES. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO  AUTHORIZE  ANY
 INCREASE IN PREMIUM RATES FOR ANY OTHER POLICY ISSUED BY SUCH AUTHORIZED
 INSURER AS A RESULT OF ANY GROUP FLEET POLICY PREMIUM RATE.
   (G) THE SUPERINTENDENT MAY PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.