S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4765
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
   relation  to  requiring  limousines  operating  in this state to adopt
   certain safety measures and be properly insured

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of subdivision 4 of section 311 of the vehi-
 cle and traffic law, as amended by chapter 305 of the laws of  1995,  is
 amended to read as follows:
   (a) Affording coverage as defined in the minimum provisions prescribed
 in  a  regulation  which  shall  be promulgated by the superintendent at
 least ninety days prior to effective date of this act.  The  superinten-
 dent  before  promulgating  such  regulations  or any amendment thereof,
 shall consult with all insurers licensed to write  automobile  liability
 insurance in this state and shall not prescribe minimum provisions which
 fail  to  reflect the provisions of automobile liability insurance poli-
 cies, other than motor vehicle liability policies as defined in  section
 three  hundred  forty-five  of  this [chapter] TITLE, issued within this
 state at the date of such regulation  or  amendment  thereof.    Nothing
 contained  in  such  regulation  or  in  this article shall prohibit any
 insurer from affording coverage under an  owner's  policy  of  liability
 insurance  more  liberal  than that required by said minimum provisions.
 Every such owner's policy of liability insurance shall provide insurance
 subject to said regulation against loss from the  liability  imposed  by
 law  for  damages,  including  damages  for  care  and loss of services,
 because of bodily injury to or death of any  person  and  injury  to  or
 destruction  of property arising out of the ownership, maintenance, use,
 or operation of a specific motor vehicle or motor  vehicles  within  the
 state of New York, or elsewhere in the United States in North America or
 the  Dominion  of  Canada, subject to a limit, exclusive of interest and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10945-01-9

 S. 4765                             2
 
 costs, with respect to each such motor vehicle except  a  tow  truck  OR
 LIMOUSINE, of twenty-five thousand dollars because of bodily injuries to
 and  fifty  thousand  dollars  because of death of one person in any one
 accident  and, subject to said limit for one person, to a limit of fifty
 thousand dollars because of bodily injury to and  one  hundred  thousand
 dollars because of death of two or more persons in any one accident, and
 to  a  limit of ten thousand dollars because of injury to or destruction
 of property of others in any one accident provided, however,  that  such
 policy need not be for a period coterminous with the registration period
 of the vehicle insured. The limit, exclusive of interest and costs, with
 respect  to  a  tow  truck  shall be a combined single limit of at least
 three hundred thousand dollars because of bodily injury or death to  one
 or  more  persons  or  because  of  injury or destruction of property of
 others in any one accident, and  to  a  limit  of  twenty-five  thousand
 dollars  because of damage to a vehicle in the care, custody and control
 of the insured. THE LIMIT, EXCLUSIVE OF INTERESTS AND COSTS, WITH REGARD
 TO A LIMOUSINE SHALL BE A COMBINED SINGLE LIMIT OF AT LEAST ONE  MILLION
 FIVE  HUNDRED  THOUSAND DOLLARS BECAUSE OF BODILY INJURY OR DEATH TO ONE
 OR MORE PERSONS OR BECAUSE OF INJURY OR DESTRUCTION OF PROPERTY  IN  ANY
 ONE ACCIDENT, OR THE LIMIT REQUIRED BY LOCAL LAW OR REGULATION, WHICHEV-
 ER  IS  GREATER.  Any  insurer  authorized to issue an owner's policy of
 liability insurance as provided for in this  article  may,  pending  the
 issue  of  such a policy, make an agreement, to be known as a binder, or
 may, in lieu of such a policy, issue a renewal endorsement  or  evidence
 of  renewal  of  an existing policy; each of which shall be construed to
 provide indemnity or protection in like manner and to the same extent as
 such a policy. The provisions of this article shall apply to such  bind-
 ers,  renewal  endorsements  or  evidences of renewal. Every such policy
 issued insuring private passenger vehicles  and  every  renewal  policy,
 renewal  endorsement,  or  other  evidence  of renewal issued shall have
 attached thereto a rating information form which clearly  specifies  and
 defines the rating classification assigned thereto, including any appli-
 cable merit rating plan; and
   § 2. Section 311 of the vehicle and traffic law is amended by adding a
 new subdivision 11 to read as follows:
   11.  "LIMOUSINE" MEANS A LIVERY VEHICLE THAT HAS A SEATING CAPACITY OF
 EIGHT OR MORE PASSENGERS AND WHICH PROVIDES PREARRANGED PASSENGER TRANS-
 PORTATION ON A DEDICATED, NONSCHEDULED, CHARTER BASIS, WHERE THE  CHARGE
 IS  BASED  ON  A  FLAT RATE OR PER UNIT OF TIME OR MILEAGE, OR A VEHICLE
 CLASSIFIED AS A LUXURY LIMOUSINE AS DEFINED BY THE  TAXI  AND  LIMOUSINE
 COMMISSION OF NEW YORK CITY OR WESTCHESTER COUNTY OR LICENSED BY A MUNI-
 CIPALITY  OF NASSAU COUNTY AND REGISTERED WITH NASSAU COUNTY. SERVICE BY
 A LIMOUSINE THAT BEGINS AND ENDS IN THIS  STATE  IS  DEEMED  INTRA-STATE
 EVEN  IF IT PASSES OUTSIDE THIS STATE DURING A PORTION OF THE TRIP. THIS
 DOES NOT INCLUDE A TAXICAB THAT IS NOT OPERATED ON A  REGULAR  ROUTE  OR
 BETWEEN  SPECIFIED POINTS, A VEHICLE CARRYING LESS THAN SIXTEEN INDIVID-
 UALS IN A SINGLE DAILY ROUND TRIP TO COMMUTE TO  AND  FROM  WORK,  OR  A
 MOTOR  VEHICLE TRANSPORTING ONLY SCHOOL CHILDREN AND TEACHERS TO OR FROM
 A SCHOOL OR AN EXTRACURRICULAR ACTIVITY ORGANIZED AND FUNDED BY A SCHOOL
 DISTRICT.
   § 3. Section 312 of the vehicle and traffic law is amended by adding a
 new subdivision 6 to read as follows:
   6. (A) NO LIMOUSINE SHALL OPERATE AS SUCH IN THIS STATE  UNLESS,  UPON
 THE  REGISTRATION  OF THE LIMOUSINE WITH THE DEPARTMENT, THE APPLICATION
 FOR SUCH REGISTRATION IS ACCOMPANIED  BY  PROOF  OF  FINANCIAL  SECURITY
 REQUIRED  BY SECTION THREE HUNDRED ELEVEN OF THIS ARTICLE WHICH SHALL BE

 S. 4765                             3
 
 EVIDENCE BY PROOF OF INSURANCE OR EVIDENCE OF A FINANCIAL SECURITY BOND,
 A FINANCIAL SECURITY DEPOSIT OR QUALIFICATION AS  A  SELF-INSURER  UNDER
 SECTION  THREE  HUNDRED  SIXTEEN  OF  THIS  ARTICLE;  PROVIDED,  THAT IF
 DIRECTED BY REGULATION OF THE COMMISSIONER, UPON RENEWAL OF REGISTRATION
 AN  APPLICATION  ACCOMPANIED BY A CERTIFICATE OF REGISTRATION OR RENEWAL
 STUB IN FORCE IMMEDIATELY PRECEDING THE DATE OF APPLICATION FOR RENEWAL,
 TOGETHER WITH A STATEMENT IN  A  FORM  PRESCRIBED  BY  THE  COMMISSIONER
 CERTIFYING  THAT  THERE  IS IN EFFECT PROOF OF FINANCIAL SECURITY, SHALL
 MEET THE REQUIREMENTS OF THIS SECTION.
   (B) THE OWNER, AND REGISTRANT IF THE REGISTRANT IS DIFFERENT FROM  THE
 OWNER,  OF  SUCH  LIMOUSINE  SHALL  MAINTAIN PROOF OF FINANCIAL SECURITY
 CONTINUOUSLY THROUGHOUT THE REGISTRATION PERIOD, AND FAILURE TO  PRODUCE
 PROOF  OF  FINANCIAL  SECURITY  WHEN REQUESTED TO DO SO UPON DEMAND OF A
 MAGISTRATE, MOTOR VEHICLE INSPECTOR, PEACE OFFICER  ACTING  PURSUANT  TO
 HIS  OR  HER  SPECIAL  DUTIES,  OR POLICE OFFICER, WHILE SUCH VEHICLE IS
 BEING OPERATED UPON THE PUBLIC HIGHWAYS OF THIS STATE, SHALL BE PRESUMP-
 TIVE EVIDENCE OF OPERATING A MOTOR VEHICLE WITHOUT  PROOF  OF  FINANCIAL
 SECURITY.    UPON  THE  PRODUCTION  OF  PROOF OF FINANCIAL SECURITY SUCH
 PRESUMPTION IS REMOVED. PRODUCTION OF PROOF OF FINANCIAL SECURITY MAY BE
 MADE BY MAILING SUCH PROOF TO  THE  COURT  HAVING  JURISDICTION  IN  THE
 MATTER,  AND  ANY  NECESSARY RESPONSE BY SUCH COURT OR ACKNOWLEDGMENT OF
 THE PRODUCTION OF SUCH PROOF MAY ALSO BE MADE BY MAIL.
   (C) WHEN INSURANCE WITH RESPECT TO  ANY  LIMOUSINE  IS  TERMINATED  OR
 CANCELED,  THE  OWNER SHALL SURRENDER FORTHWITH THE REGISTRATION CERTIF-
 ICATE AND NUMBER PLATES OF THE VEHICLE TO THE COMMISSIONER UNLESS  PROOF
 OF  FINANCIAL  SECURITY  OTHERWISE IS MAINTAINED IN COMPLIANCE WITH THIS
 ARTICLE AND SECTION THREE HUNDRED SEVENTY OF THIS TITLE.
   (D) WHERE THE OWNER OF A LIMOUSINE FAILS  TO  MAINTAIN  THE  PROOF  OF
 FINANCIAL  SECURITY REQUIRED BY THIS SECTION, IF THE OWNER OF ANY LIMOU-
 SINE IS A CORPORATION, LIMITED LIABILITY CORPORATION, OR OTHER  BUSINESS
 ENTITY,  THE  OFFICERS  OF  SUCH  CORPORATION  OR  ENTITY  MAY  BE  HELD
 PERSONALLY LIABLE FOR ANY JUDGMENT ENTERED  AGAINST  ANY  DRIVER  AND/OR
 REGISTRANT  OF  THE  LIMOUSINE  FOR  DAMAGES  SUSTAINED  AS  A RESULT OF
 PERSONAL INJURY, WRONGFUL DEATH AND/OR PROPERTY  DAMAGE  SUFFERED  AS  A
 RESULT OF THE USE AND OPERATION OF THE LIMOUSINE.
   §  4. Paragraph 3 of subdivision (b) of section 345 of the vehicle and
 traffic law, as amended by chapter 305 of the laws of 1995,  is  amended
 to read as follows:
   (3)  Shall  insure  the  insured,  THE VEHICLE OPERATOR, or such other
 person against loss from the  liability  imposed  by  law  for  damages,
 including damages for care and loss of services because of bodily injury
 to or death of any person and injury to or destruction of property aris-
 ing  out  of the ownership, maintenance, use, or operation of such motor
 vehicle or motor vehicles within the state of New York, or elsewhere  in
 the United States in North America or the Dominion of Canada, subject to
 a limit, exclusive of interest and cost, with respect to each such motor
 vehicle,  except  a  tow  truck OR A LIMOUSINE AS DEFINED IN SUBDIVISION
 ELEVEN OF SECTION THREE HUNDRED ELEVEN OF  THIS  TITLE,  of  twenty-five
 thousand  dollars  because of bodily injury to or fifty thousand dollars
 because of death of one person in any one accident and, subject to  said
 limit  for  one  person, to a limit of fifty thousand dollars because of
 bodily injury to or one hundred thousand dollars because of death of two
 or more persons in any one accident, and to  a  limit  of  ten  thousand
 dollars because of injury to or destruction of property of others in any
 one  accident.  The limit, exclusive of interest and costs, with respect
 to a tow truck shall be a combined single limit of three  hundred  thou-

 S. 4765                             4
 
 sand  dollars  because  of  bodily  injury  [of] OR death to one or more
 persons or because of injury or destruction of property of others in any
 one accident, and to a limit of twenty-five thousand dollars because  of
 damage to a vehicle in the care, custody and control of the insured. THE
 LIMIT,  EXCLUSIVE  OF INTEREST AND COSTS, WITH RESPECT TO A LIMOUSINE AS
 DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED  ELEVEN  OF  THIS
 TITLE  SHALL  BE  A  COMBINED  SINGLE LIMIT OF AT LEAST ONE MILLION FIVE
 HUNDRED THOUSAND DOLLARS BECAUSE OF BODILY INJURY OR  DEATH  TO  ONE  OR
 MORE  PERSONS  OR BECAUSE OF INJURY OR DESTRUCTION OF PROPERTY OF OTHERS
 IN ANY ONE ACCIDENT, OR THE LIMIT REQUIRED BY LOCAL LAW  OR  REGULATION,
 WHICHEVER IS GREATER.
   §  5.  Paragraphs  (a)  and (b) of subdivision 1 of section 370 of the
 vehicle and traffic law, paragraph (a) as amended by chapter 305 of  the
 laws  of 1995 and paragraph (b) as amended by chapter 613 of the laws of
 2002, are amended to read as follows:
   (a) For damages for and incident to death or injuries to persons:  For
 each motorcycle and for each motor vehicle WHICH IS INTENDED PURSUANT TO
 THIS  SUBDIVISION TO BE OPERATED IN A BUSINESS OF CARRYING OR TRANSPORT-
 ING PASSENGERS FOR HIRE having a seating capacity of not more than seven
 passengers, a bond or insurance policy with a minimum liability of twen-
 ty-five thousand dollars and  a  maximum  liability  of  fifty  thousand
 dollars  for  bodily  injury,  and a minimum liability of fifty thousand
 dollars and a maximum liability of  one  hundred  thousand  dollars  for
 death;  for each motor vehicle WHICH IS INTENDED PURSUANT TO THIS SUBDI-
 VISION TO BE OPERATED IN A BUSINESS OF CARRYING OR TRANSPORTING  PASSEN-
 GERS  FOR HIRE having a seating capacity of not less than eight nor more
 than [twelve] FOURTEEN passengers, a bond or  insurance  policy  with  a
 [minimum  liability] COMBINED SINGLE LIMIT of [twenty-five] AT LEAST ONE
 MILLION FIVE HUNDRED thousand dollars [and a maximum liability of eighty
 thousand dollars] for bodily injury[, and a minimum liability  of  fifty
 thousand  dollars  and a maximum liability of one hundred fifty thousand
 dollars for] OR death TO ONE  OR  MORE  PERSONS  BECAUSE  OF  INJURY  OR
 DESTRUCTION  OF  PROPERTY  IN ANY ONE ACCIDENT, OR THE LIMIT REQUIRED BY
 LOCAL LAW OR REGULATION, WHICHEVER IS GREATER; [for each  motor  vehicle
 having a seating capacity of not less than thirteen nor more than twenty
 passengers, a bond or insurance policy with a minimum liability of twen-
 ty-five  thousand  dollars and a maximum liability of one hundred twenty
 thousand dollars for bodily injury and  a  minimum  liability  of  fifty
 thousand  dollars  and a maximum liability of one hundred fifty thousand
 dollars for death; for each motor vehicle having a seating  capacity  of
 not  less  than  twenty-one  nor  more than thirty passengers, a bond or
 insurance policy  with  a  minimum  liability  of  twenty-five  thousand
 dollars  and  a  maximum liability of one hundred sixty thousand dollars
 for bodily injury and a minimum liability of fifty thousand dollars  and
 a  maximum liability of two hundred thousand dollars for death; for each
 motor vehicle having a seating capacity of more than thirty  passengers,
 a bond or insurance policy with a minimum liability of twenty-five thou-
 sand dollars and a maximum liability of two hundred thousand dollars for
 bodily  injury  and  a minimum liability of fifty thousand dollars and a
 maximum liability of two hundred fifty thousand dollars for death;]
   (b) For damages for and incident to injury to or destruction of  prop-
 erty; for each motor vehicle and each motorcycle HAVING A SEATING CAPAC-
 ITY  OF  FEWER  THAN EIGHT PASSENGERS, a bond or insurance policy with a
 minimum liability of ten thousand dollars.
   Such bond or policy of insurance  shall  contain  a  provision  for  a
 continuing  liability  thereunder, notwithstanding any recovery thereon.

 S. 4765                             5
 
 Any such bond or policy of insurance shall also contain a provision that
 such bond or policy of insurance shall  inure  to  the  benefit  of  any
 person legally operating the motor vehicle or motorcycle in the business
 of  the  owner and with his permission, in the same manner and under the
 same conditions and to the same extent as to the owner. If at any  time,
 in  the  judgment of the commissioner, such bond or policy is not suffi-
 cient for any cause the commissioner may require the owner of such motor
 vehicle or motorcycle to  replace  such  bond  or  policy  with  another
 approved by the commissioner. A corporate surety or an insurance company
 evidence  of  whose bond or policy has been so filed, must file a notice
 in the office of the commissioner that upon  the  expiration  of  twenty
 days  from  such  filing  such  surety will cease to be liable upon such
 bond, or in the case of such insurance company, that upon the expiration
 of such time such policy will  be  cancelled;  provided,  however,  that
 where  the owner of such motor vehicle or motorcycle has replaced cover-
 age with another insurer, the expiration date shall be the date the  new
 coverage has commenced; further provided that where such owner has had a
 total  loss,  the expiration date shall be the earlier of twenty days or
 when the plates have been turned in to the commissioner. The commission-
 er shall thereupon notify the owner of such motor vehicle or  motorcycle
 of  the  filing  of  such notice, and unless such owner shall file a new
 bond or evidence of new bond or policy, as provided by this section,  on
 or  before such date as shall be specified by the commissioner, or shall
 place the number plates belonging to the motor vehicle or motorcycle  in
 the custody of the commissioner or his agent within such time, to remain
 in  such custody until a new bond or evidence of a new bond or policy is
 filed, the registration of such motor vehicle  or  motorcycle  shall  be
 revoked  as of the date specified in said notice of the commissioner and
 no new registration shall be issued for a period of thirty days.  Forth-
 with  after his registration has been so revoked such owner shall return
 the number plates issued for  such  vehicle  to  the  commissioner.  The
 provisions  of  subdivision  seven  of  section five hundred ten of this
 chapter shall apply to such revocations.
   Notwithstanding any contrary provision of this chapter, any such bond,
 or policy of insurance shall also provide for uninsured motorists cover-
 age in the minimal amount and in the form provided for in subsection (f)
 of section three thousand four hundred twenty of the insurance law.
   Nothing in this subdivision shall be construed to  prevent  compliance
 therewith  by filing a combination of bonds or policies or of a bond and
 policy or evidence thereof if the commissioner approves and the require-
 ments of this subdivision are otherwise met.
   § 6. Paragraph 1 and subparagraph (A) of paragraph 2 of subsection (f)
 of section 3420 of the insurance law, paragraph 1 as amended by  chapter
 305 of the laws of 1995 and subparagraph (A) of paragraph 2 as separate-
 ly  amended  by chapters 547 and 568 of the laws of 1997, are amended to
 read as follows:
   (1) No policy insuring against loss resulting from  liability  imposed
 by law for bodily injury or death suffered by any natural person arising
 out  of  the ownership, maintenance and use of a motor vehicle OR LIMOU-
 SINE, AS SUCH TERM IS DEFINED IN SUBDIVISION  ELEVEN  OF  SECTION  THREE
 HUNDRED  ELEVEN  OF THE VEHICLE AND TRAFFIC LAW, by the insured shall be
 issued or delivered by any authorized insurer upon any motor vehicle  OR
 LIMOUSINE,  AS  SUCH  TERM  IS  DEFINED IN SUBDIVISION ELEVEN OF SECTION
 THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC  LAW,  then  principally
 garaged or principally used in this state unless it contains a provision
 whereby  the  insurer agrees that it will pay to the insured, as defined

 S. 4765                             6

 in such provision, subject to the terms and conditions set forth therein
 to be prescribed by the board of directors of the Motor Vehicle Accident
 Indemnification Corporation and  approved  by  the  superintendent,  all
 sums,  not  exceeding  a maximum amount or limit of twenty-five thousand
 dollars exclusive of interest and costs, on account of injury to and all
 sums, not exceeding a maximum amount or limit of fifty thousand  dollars
 exclusive  of  interest and costs, on account of death of one person, in
 any one accident, and the maximum amount or limit, subject to such limit
 for any one person so injured of fifty thousand dollars or so killed  of
 one  hundred  thousand  dollars,  exclusive  of  interest  and costs, on
 account of injury to, or death of, more than one person in any one acci-
 dent, which the insured or his legal representative shall be entitled to
 recover as damages from an owner or operator of an uninsured motor vehi-
 cle, unidentified motor vehicle which leaves the scene of an accident, a
 motor vehicle registered in this state as to which at the  time  of  the
 accident  there  was  not  in  effect a policy of liability insurance, a
 stolen vehicle, a motor  vehicle  operated  without  permission  of  the
 owner, an insured motor vehicle where the insurer disclaims liability or
 denies  coverage  or  an  unregistered vehicle because of bodily injury,
 sickness or disease, including death resulting therefrom,  sustained  by
 the  insured, caused by accident occurring in this state and arising out
 of the ownership, maintenance or use of such motor vehicle.  No  payment
 for  non-economic  loss  shall  be made under such policy provision to a
 covered person unless such person has incurred a serious injury, as such
 terms are defined in section five thousand one hundred two of this chap-
 ter. Such policy shall not duplicate any element of basic economic  loss
 provided  for  under  article  fifty-one of this chapter. No payments of
 first party benefits for basic economic loss made pursuant to such arti-
 cle shall diminish the obligations of  the  insurer  under  this  policy
 provision  for  the  payment  of  non-economic loss and economic loss in
 excess  of  basic  economic  loss.  Notwithstanding   any   inconsistent
 provisions  of  section  three thousand four hundred twenty-five of this
 article, any such policy which does not contain the aforesaid provisions
 shall be construed as if such provisions were embodied therein.
   (A) Any such policy shall, at the option of the insured, also  provide
 supplementary  uninsured/underinsured  motorists  insurance  for  bodily
 injury, in an amount up to the bodily injury liability insurance  limits
 of  coverage  provided  under  such  policy, subject to a maximum of two
 hundred fifty thousand dollars because of bodily injury to or  death  of
 one  person  in  any  one  accident  and,  subject to such limit for one
 person, up to five hundred thousand dollars because of bodily injury  to
 or  death  of  two  or  more  persons in any one accident, or a combined
 single limit policy of five hundred thousand dollars because  of  bodily
 injury  to  or death of one or more persons in any one accident; AND ANY
 SUCH POLICY INSURING AGAINST LOSS RESULTING FROM  LIABILITY  IMPOSED  BY
 LAW  FOR  BODILY  INJURY OR DEATH SUFFERED BY ANY NATURAL PERSON ARISING
 OUT OF THE OWNERSHIP, MAINTENANCE, AND USE OF A LIMOUSINE, AS SUCH  TERM
 IS  DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ELEVEN OF THE
 VEHICLE    AND    TRAFFIC    LAW,    SHALL     PROVIDE     SUPPLEMENTARY
 UNINSURED/UNDERINSURED  MOTORISTS  INSURANCE  FOR  BODILY  INJURY, IN AN
 AMOUNT OF A COMBINED SINGLE LIMIT OF ONE MILLION FIVE  HUNDRED  THOUSAND
 DOLLARS  BECAUSE OF BODILY INJURY OR DEATH OF ONE OR MORE PERSONS IN ANY
 ONE ACCIDENT. Provided however, an insurer issuing  ANY  such  policy,
 EXCEPT  A  POLICY INSURING AGAINST LOSS RESULTING FROM LIABILITY IMPOSED
 BY LAW FOR BODILY INJURY OR DEATH SUFFERED BY ANY NATURAL PERSON ARISING
 OUT OF THE OWNERSHIP, MAINTENANCE, AND USE OF A LIMOUSINE, AS SUCH  TERM

 S. 4765                             7

 IS  DEFINED IN SUBDIVISION ELEVEN OF SECTION THREE HUNDRED ELEVEN OF THE
 VEHICLE AND TRAFFIC LAW, in lieu of offering to the insured  the  cover-
 ages  stated  above,  may  provide  supplementary uninsured/underinsured
 motorists  insurance  for  bodily  injury, in an amount up to the bodily
 injury liability insurance limits of coverage provided under such  poli-
 cy,  subject  to  a  maximum  of one hundred thousand dollars because of
 bodily injury to or death of one person in any one accident and, subject
 to such limit for one person,  up  to  three  hundred  thousand  dollars
 because  of  bodily injury to or death of two or more persons in any one
 accident, or a combined single limit policy of  three  hundred  thousand
 dollars  because  of bodily injury to or death of one or more persons in
 any one accident, if  such  insurer  also  makes  available  a  personal
 umbrella  policy  with  liability  coverage  limits  up to at least five
 hundred thousand dollars which also provides coverage for  supplementary
 uninsured/underinsured       motorists       claims.       Supplementary
 uninsured/underinsured motorists insurance shall  provide  coverage,  in
 any  state  or  Canadian  province, if the limits of liability under all
 bodily injury liability bonds and insurance policies  of  another  motor
 vehicle liable for damages are in a lesser amount than the bodily injury
 liability  insurance  limits  of  coverage provided by such policy. Upon
 written   request   by   any    insured    covered    by    supplemental
 uninsured/underinsured motorists insurance or his duly authorized repre-
 sentative  and  upon  disclosure  by the insured of the insured's bodily
 injury  and  supplemental  uninsured/underinsured  motorists   insurance
 coverage  limits,  the insurer of any other owner or operator of another
 motor vehicle against which a claim has been made  for  damages  to  the
 insured shall disclose, within forty-five days of the request, the bodi-
 ly  injury liability insurance limits of its coverage provided under the
 policy or all bodily injury liability bonds. The time of the insured  to
 make  any  supplementary uninsured/underinsured motorist claim, shall be
 tolled during the period the insurer of any other owner or  operator  of
 another  motor  vehicle  that  may be liable for damages to the insured,
 fails to so disclose its coverage. As a condition precedent to the obli-
 gation   of   the   insurer   to    pay    under    the    supplementary
 uninsured/underinsured  motorists  insurance  coverage,  the  limits  of
 liability of all bodily injury liability  bonds  or  insurance  policies
 applicable  at the time of the accident shall be exhausted by payment of
 judgments or settlements.
   § 7. This act shall take effect immediately; provided,  however,  that
 within  sixty  days  after such effective date all limousines subject to
 the provisions of this act shall have in full force and effect an insur-
 ance policy or other permissible  bond,  deposit,  or  qualification  as
 required  by  this  act,  and  shall  provide satisfactory proof of such
 coverage to the commissioner of motor vehicles.