The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2349--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of A. RODRIGUEZ, CAHILL -- read once and referred to
   the Committee on Insurance  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the insurance law, the general business law, the tax law
   and  the vehicle and traffic law, in relation to enacting the peer-to-
   peer car sharing program act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "peer-to-peer car sharing program act".
   § 2. The insurance law is amended by adding four  new  sections  3458,
 3459, 3460 and 3461 to read as follows:
   §  3458.  GROUP  INSURANCE FOR PEER-TO-PEER CAR SHARING PROGRAMS.  (A)
 FOR THE PURPOSES OF  THIS  SECTION  AND  SECTIONS  THREE  THOUSAND  FOUR
 HUNDRED FIFTY-NINE, THREE THOUSAND FOUR HUNDRED SIXTY AND THREE THOUSAND
 FOUR  HUNDRED SIXTY-ONE OF THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL
 APPLY:
   (1) "PEER-TO-PEER CAR SHARING" SHALL HAVE  THE  SAME  MEANING  AS  SET
 FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
   (2)  "PEER-TO-PEER  CAR  SHARING  PROGRAM" OR "PROGRAM" SHALL HAVE THE
 SAME MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
   (3) "PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT" OR "AGREEMENT"  SHALL
 HAVE THE SAME MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSI-
 NESS LAW.
   (4) "SHARED VEHICLE" SHALL HAVE THE SAME MEANING AS SET FORTH IN ARTI-
 CLE FORTY OF THE GENERAL BUSINESS LAW.
   (5)  "SHARED  VEHICLE DRIVER" SHALL HAVE THE SAME MEANING AS SET FORTH
 IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
   (6) "SHARED VEHICLE OWNER" SHALL HAVE THE SAME MEANING AS SET FORTH IN
 ARTICLE FORTY OF THE GENERAL BUSINESS LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03055-08-1

 A. 2349--A                          2
 
   (7) "PEER-TO-PEER CAR SHARING DELIVERY PERIOD"  SHALL  HAVE  THE  SAME
 MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
   (8)  "PEER-TO-PEER CAR SHARING START TIME" SHALL HAVE THE SAME MEANING
 AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
   (9) "PEER-TO-PEER CAR SHARING PERIOD" OR "CAR  SHARING  PERIOD"  SHALL
 HAVE THE SAME MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSI-
 NESS LAW.
   (10)  "PEER-TO-PEER  CAR SHARING TERMINATION TIME" SHALL HAVE THE SAME
 MEANING AS SET FORTH IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
   (11) "GROUP POLICY" MEANS AN INSURANCE POLICY THAT PROVIDES  INSURANCE
 TO  A  PEER-TO-PEER  CAR SHARING PROGRAM IN ACCORDANCE WITH THE REQUIRE-
 MENTS OF SECTION NINE HUNDRED TWO OF THE GENERAL BUSINESS LAW.
   (12) "MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS SET FORTH IN ARTI-
 CLE FORTY OF THE GENERAL BUSINESS LAW.
   (B) AN INSURER WHO IS AUTHORIZED OR ELIGIBLE TO  DO  BUSINESS  IN  THE
 STATE  MAY ISSUE, OR ISSUE FOR DELIVERY IN THIS STATE, A GROUP POLICY OF
 LIABILITY AND PROPERTY AND CASUALTY  INSURANCE  TO  A  PEER-TO-PEER  CAR
 SHARING  PROGRAM TO INSURE SUCH PEER-TO-PEER CAR SHARING PROGRAM, SHARED
 VEHICLES UNDER THE TERMS AND  CONDITIONS  OF  PEER-TO-PEER  CAR  SHARING
 PROGRAM  AGREEMENTS,  SHARED  VEHICLE  DRIVERS,  AND OCCUPANTS OF SHARED
 VEHICLES, AS WELL AS THE PROGRAM'S AGENTS, EMPLOYEES,  DIRECTORS,  OFFI-
 CERS AND ASSIGNS, AS LONG AS THE FOLLOWING REQUIREMENTS ARE MET:
   (1)  SUCH  POLICY SHALL BE PRIMARY WITH RESPECT TO ANY OTHER INSURANCE
 AVAILABLE TO THE SHARED VEHICLE OWNER, SHARED  VEHICLE  DRIVER,  OR  ANY
 OTHER  OPERATOR  OF THE SHARED VEHICLE IN THE CIRCUMSTANCES DESCRIBED IN
 SUBDIVISION TWO OF SECTION NINE HUNDRED THREE OF  THE  GENERAL  BUSINESS
 LAW;
   (2) SUCH POLICY SHALL PROVIDE COVERAGE IN ACCORDANCE WITH THE REQUIRE-
 MENTS  OF  SUBDIVISION  TWO  OF  SECTION NINE HUNDRED TWO OF THE GENERAL
 BUSINESS LAW.
   (C)  AN  INSURER  WHICH  ISSUES  AN  INSURANCE  POLICY  DESCRIBED   IN
 SUBSECTION  (B)  OF THIS SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE
 PEER-TO-PEER CAR SHARING PROGRAM AS THE  NAMED  INSURED,  AND  ANY  SUCH
 POLICY  SHALL  INCLUDE A PROVISION THAT PROVIDES COVERAGE, WITHOUT PRIOR
 NOTICE TO THE INSURER, FOR ALL SHARED VEHICLES DURING  THE  PEER-TO-PEER
 CAR  SHARING  PERIOD. SUCH POLICY SHALL FURTHER INCLUDE A PROVISION THAT
 THE SHARED VEHICLE DRIVERS AND OCCUPANTS ARE INCLUDED AS INSUREDS  UNDER
 THE POLICY TO THE SAME EXTENT THAT THEY WOULD BE INSURED UNDER A PRIVATE
 PASSENGER MOTOR VEHICLE POLICY ISSUED PURSUANT TO SECTION THREE THOUSAND
 FOUR HUNDRED TWENTY-FIVE OF THIS ARTICLE AND SECTION THREE HUNDRED ELEV-
 EN OF THE VEHICLE AND TRAFFIC LAW.
   (D)  A GROUP POLICY AS PROVIDED FOR IN SUBSECTIONS (B) AND (C) OF THIS
 SECTION SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS  OF  THIS
 SECTION  AND SECTION THREE THOUSAND FOUR HUNDRED SIXTY-ONE OF THIS ARTI-
 CLE.
   (E) AN INSURER WHICH IS AUTHORIZED OR ELIGIBLE TO DO BUSINESS  IN  THE
 STATE  MAY  ISSUE A GROUP POLICY OF PHYSICAL DAMAGE INSURANCE TO A PEER-
 TO-PEER CAR SHARING PROGRAM TO  INSURE  AGAINST  LOSS  DUE  TO  PHYSICAL
 DAMAGE  TO  SHARED VEHICLES WHILE THE SHARED VEHICLES ARE IN THE CUSTODY
 OF SUCH PEER-TO-PEER CAR SHARING PROGRAM SHARED VEHICLE  DRIVER.  EXCEPT
 WHEN  THE  PEER-TO-PEER  CAR SHARING PROGRAM HAS CONTRACTUALLY AGREED TO
 ASSUME THE RISK OF LOSS DUE TO PHYSICAL DAMAGE TO  THE  SHARED  VEHICLE,
 SUCH  GROUP  POLICY  SHALL  PROVIDE PRIMARY COVERAGE FOR PHYSICAL DAMAGE
 LOSS EITHER BY COLLISION COVERAGE, COMPREHENSIVE COVERAGE, OR  BOTH,  TO
 THE  SHARED VEHICLE WHILE IT SHALL BE IN THE CUSTODY OF THE PEER-TO-PEER
 CAR SHARING PROGRAM SHARED VEHICLE DRIVER.

 A. 2349--A                          3
 
   (F) AN INSURER WHICH ISSUES A GROUP INSURANCE POLICY DESCRIBED IN THIS
 SECTION SHALL ISSUE SUCH POLICY IDENTIFYING THE PEER-TO-PEER CAR SHARING
 PROGRAM AS THE NAMED INSURED,  AND  ANY  SUCH  POLICY  SHALL  INCLUDE  A
 PROVISION  THAT  PROVIDES  PRIMARY COVERAGE, WITHOUT PRIOR NOTICE TO THE
 INSURER,  FOR  ALL  SHARED  VEHICLES DURING THE PEER-TO-PEER CAR SHARING
 PERIOD.  EXCEPT WHEN THE PEER-TO-PEER CAR SHARING PROGRAM HAS CONTRACTU-
 ALLY AGREED TO ASSUME THE RISK OF LOSS DUE TO  PHYSICAL  DAMAGE  TO  THE
 SHARED  VEHICLE,  SUCH POLICY SHALL ALSO INCLUDE A PROVISION THAT CLAIMS
 SHALL BE ADJUSTED PURSUANT TO SECTION THREE THOUSAND FOUR HUNDRED TWELVE
 OF THIS ARTICLE, AND, EXCEPT WHEN THE PEER-TO-PEER CAR  SHARING  PROGRAM
 HAS  CONTRACTUALLY  AGREED  TO  ASSUME  THE RISK OF LOSS DUE TO PHYSICAL
 DAMAGE TO THE SHARED VEHICLE, IT SHALL FURTHER INCLUDE  PHYSICAL  DAMAGE
 COVERAGE  FOR  DAMAGE OR LOSS TO THE SHARED VEHICLE THAT SHALL HAVE BEEN
 INCURRED DURING THE PEER-TO-PEER CAR SHARING PERIOD AT A LEVEL  NO  LESS
 THAN THAT OF THE AMOUNT OF THIRD PARTY PHYSICAL DAMAGE COVERAGE.
   (G) A GROUP POLICY, AS PROVIDED FOR IN SUBSECTION (E) OF THIS SECTION,
 SHALL ONLY BE ISSUED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   (H)  COVERAGE  UNDER  A GROUP POLICY, AS PROVIDED FOR IN THIS SECTION,
 SHALL NOT BE DEPENDENT ON A PERSONAL  MOTOR  VEHICLE  LIABILITY  INSURER
 FIRST  DENYING  A  CLAIM,  NOR  SHALL A PERSONAL MOTOR VEHICLE INSURANCE
 POLICY BE REQUIRED TO FIRST DENY A CLAIM BEFORE THE GROUP  POLICY  SHALL
 AFFORD COVERAGE PURSUANT TO THIS SECTION.
   (I)  GROUP COVERAGE PROVIDED FOR IN THIS SECTION MAY BE PLACED WITH AN
 EXCESS LINE BROKER PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED EIGHTEEN
 OF THIS CHAPTER.
   § 3459. CAR SHARE EXCLUSIONS  FOR  PERSONAL  MOTOR  VEHICLE  LIABILITY
 INSURANCE POLICIES. (A) THE DEFINITIONS SET FORTH IN SECTION THREE THOU-
 SAND  FOUR  HUNDRED  FIFTY-SEVEN  OF  THIS  ARTICLE  SHALL APPLY TO THIS
 SECTION.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
 SHARED  VEHICLE  OWNER'S  PERSONAL MOTOR VEHICLE INSURER MAY EXCLUDE ANY
 AND ALL COVERAGE AFFORDED UNDER THE POLICY ISSUED TO THE SHARED  VEHICLE
 OWNER  FOR  ANY LOSS OR INJURY THAT OCCURS DURING THE CAR SHARING PERIOD
 INCLUDING:
   (1) LIABILITY COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE;
   (2) COVERAGE PROVIDED PURSUANT TO ARTICLE FIFTY-ONE OF THIS CHAPTER;
   (3) UNINSURED MOTORIST COVERAGE;
   (4) SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORIST COVERAGE; AND
   (5) MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED  IN  PARAGRAPH
 NINETEEN  OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
 OF THIS CHAPTER.
   (C) THE SHARED VEHICLE OWNER'S PERSONAL MOTOR  VEHICLE  INSURER  SHALL
 NOTIFY  THE  SHARED  VEHICLE  OWNER  THAT  THERE IS NO DUTY TO DEFEND OR
 INDEMNIFY ANY PERSON OR ORGANIZATION FOR THE LIABILITY FOR ANY LOSS THAT
 SHALL OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD.
   (D) NOTHING IN THIS ARTICLE SHALL INVALIDATE  OR  LIMIT  AN  EXCLUSION
 CONTAINED  IN  A MOTOR VEHICLE LIABILITY INSURANCE POLICY, INCLUDING ANY
 INSURANCE POLICY IN USE OR APPROVED FOR USE THAT SHALL EXCLUDE  COVERAGE
 FOR  MOTOR  VEHICLES MADE AVAILABLE FOR RENT, SHARING, HIRE OR ANY BUSI-
 NESS USE.
   § 3460. PROHIBITION AGAINST CANCELLATION OF POLICY WHEN MOTOR  VEHICLE
 IS  USED  OR OPERATED THROUGH A PEER-TO-PEER CAR SHARING PROGRAM. (A) AN
 INSURER SHALL NOT CANCEL AN  EXISTING  MOTOR  VEHICLE  INSURANCE  POLICY
 SOLELY  ON  THE  BASIS  THAT  THE MOTOR VEHICLE COVERED BY THE INSURANCE
 POLICY HAS BEEN MADE AVAILABLE PURSUANT TO A  PEER-TO-PEER  CAR  SHARING

 A. 2349--A                          4
 
 PROGRAM  UNLESS  OTHERWISE  AUTHORIZED UNDER SECTION THREE THOUSAND FOUR
 HUNDRED TWENTY-FIVE OF THIS ARTICLE.
   (B)  THE  DEFINITIONS SET FORTH IN SECTION THREE THOUSAND FOUR HUNDRED
 FIFTY-EIGHT OF THIS ARTICLE SHALL APPLY TO THIS SECTION.
   § 3461. NOTICE OF CLAIM. (A) FOR PURPOSES OF ARTICLE FIFTY-ONE OF THIS
 CHAPTER, 11 NYCRR PART 65 AND GENERAL LIABILITY CLAIMS, NOTICE OF  CLAIM
 TO  THE  SHARED  VEHICLE  OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR
 SHARING PROGRAM OR ANY INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHI-
 CLE DRIVER, OR PEER-TO-PEER CAR SHARING PROGRAM SHALL BE  DEEMED  NOTICE
 TO ALL APPROPRIATE PARTIES AND INSURERS.
   (B)  ANY SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, PEER-TO-PEER CAR
 SHARING PROGRAM OR ANY INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHI-
 CLE DRIVER, OR PEER-TO-PEER CAR SHARING PROGRAM  RECEIVING  SUCH  NOTICE
 SHALL PROVIDE SUCH NOTICE TO ALL APPROPRIATE PARTIES.
   § 3. The general business law is amended by adding a new article 40 to
 read as follows:
                                ARTICLE 40
                     PEER-TO-PEER CAR SHARING PROGRAMS
 SECTION 900. DEFINITIONS.
         901. LICENSING.
         902. REQUIREMENTS FOR DOING BUSINESS.
         903. PROGRAM LIABILITY.
         904. LIEN IMPLICATIONS; NOTIFICATION.
         905. INSURABLE INTEREST.
         906. DISCLOSURES.
         907. DRIVER'S LICENSE VERIFICATION; DATA RETENTION.
         908. DATA PRIVACY PROTECTIONS.
         909. RESPONSIBILITY FOR EQUIPMENT.
         910. SAFETY RECALLS.
         911. DISCRIMINATION BASED ON AGE PROHIBITED.
         912. DISCRIMINATION  ON  THE  BASIS  OF  CREDIT  CARD  OWNERSHIP
                 PROHIBITED.
         913. DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED.
         914. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS.
         915. GEOGRAPHICAL DISCRIMINATION PROHIBITED.
         916. GLOBAL POSITIONING SYSTEMS.
         917. NOTICE.
         918. ELECTRONIC NOTICE AUTHORIZED.
         919. AIRPORT TRANSACTIONS.
         920. ENFORCEMENT.
   § 900. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "PEER-TO-PEER CAR SHARING" SHALL  MEAN  THE  AUTHORIZED  USE  OF  A
 SHARED VEHICLE BY AN INDIVIDUAL OTHER THAN THE VEHICLE'S OWNER THROUGH A
 PEER-TO-PEER CAR SHARING PROGRAM.
   2.  "PEER-TO-PEER  CAR  SHARING  PROGRAM"  OR "PROGRAM" SHALL MEAN THE
 CORPORATION, PARTNERSHIP,  FIRM,  INSTITUTION,  SOLE  PROPRIETORSHIP  OR
 OTHER  ENTITY  OR PERSON THAT IS RESPONSIBLE FOR OPERATING, FACILITATING
 OR ADMINISTERING THE MEANS, DIGITAL OR OTHERWISE, BY  WHICH  A  BUSINESS
 PLATFORM  FACILITATES  PEER-TO-PEER  CAR SHARING FOR FINANCIAL CONSIDER-
 ATION.  SUCH PROGRAMS SHALL NOT INCLUDE NON-PROFIT OR CHARITABLE  ORGAN-
 IZATIONS  THAT  FACILITATE  PEER-TO-PEER  CAR  SHARING  IN  EXCHANGE FOR
 PAYMENT OF A FEE OR FOR FINANCIAL CONSIDERATION.
   3. "PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT" OR  "AGREEMENT"  SHALL
 MEAN  THE  TERMS  AND CONDITIONS THAT GOVERN THE USE OF A SHARED VEHICLE
 THROUGH A PEER-TO-PEER CAR SHARING PROGRAM.

 A. 2349--A                          5
 
   4. "SHARED VEHICLE" MEANS A MOTOR VEHICLE THAT IS AVAILABLE FOR  SHAR-
 ING THROUGH A PEER-TO-PEER CAR SHARING PROGRAM THAT IS BOTH:
   (A) USED NONEXCLUSIVELY FOR PEER-TO-PEER CAR SHARING ACTIVITY PURSUANT
 TO A PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT; AND
   (B)  NOT  OTHERWISE MADE AVAILABLE BY THE SHARED VEHICLE OWNER FOR USE
 AS A RENTAL VEHICLE AS DEFINED IN SECTION ONE HUNDRED THIRTY-SEVEN-A  OF
 THE VEHICLE AND TRAFFIC LAW.
   5.  "SHARED  VEHICLE  DRIVER"  SHALL  MEAN  A  DRIVER, AS SUCH TERM IS
 DEFINED BY SECTION ONE HUNDRED THIRTEEN OF THE VEHICLE AND TRAFFIC  LAW,
 OF A SHARED VEHICLE DURING THE SHARING PERIOD WHO HAS BEEN AUTHORIZED TO
 USE  SUCH  SHARED VEHICLE PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM
 AGREEMENT.
   6. "SHARED VEHICLE OWNER" SHALL MEAN A REGISTERED OWNER  OF  A  SHARED
 VEHICLE MADE AVAILABLE FOR USE BY SHARED VEHICLE DRIVERS THROUGH A PEER-
 TO-PEER CAR SHARING PROGRAM.
   7. "PEER-TO-PEER CAR SHARING DELIVERY PERIOD" SHALL MEAN THE PERIOD OF
 TIME DURING WHICH A SHARED VEHICLE IS BEING DELIVERED TO THE LOCATION OF
 THE PEER-TO-PEER CAR SHARING START TIME, IF APPLICABLE, AS DOCUMENTED BY
 THE GOVERNING PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT.
   8.  "PEER-TO-PEER CAR SHARING START TIME" SHALL MEAN THE TIME WHEN THE
 SHARED VEHICLE BECOMES SUBJECT TO THE  CONTROL  OF  THE  SHARED  VEHICLE
 DRIVER  AT,  OR  AFTER,  THE TIME THE PEER-TO-PEER CAR SHARING PERIOD IS
 SCHEDULED TO BEGIN AS DOCUMENTED IN THE RECORDS OF  A  PEER-TO-PEER  CAR
 SHARING PROGRAM.
   9.  "PEER-TO-PEER  CAR  SHARING  PERIOD" OR "CAR SHARING PERIOD" SHALL
 MEAN THE PERIOD OF TIME THAT SHALL COMMENCE WITH  THE  PEER-TO-PEER  CAR
 SHARING  DELIVERY  PERIOD  OR,  IF  THERE IS NO PEER-TO-PEER CAR SHARING
 DELIVERY PERIOD, THE PERIOD OF TIME THAT SHALL COMMENCE WITH  THE  PEER-
 TO-PEER  CAR  SHARING  START  TIME AND, IN EITHER CASE, SHALL END AT THE
 PEER-TO-PEER CAR SHARING TERMINATION TIME.
   10. "PEER-TO-PEER CAR SHARING TERMINATION TIME" SHALL MEAN THE  EARLI-
 EST OF THE FOLLOWING EVENTS:
   (A)  THE  EXPIRATION OF THE AGREED UPON PERIOD OF TIME ESTABLISHED FOR
 THE USE OF A SHARED VEHICLE ACCORDING TO THE TERMS OF  THE  CAR  SHARING
 PROGRAM  AGREEMENT  IF  THE  SHARED VEHICLE IS DELIVERED TO THE LOCATION
 AGREED UPON IN THE PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT;
   (B) RETURNED TO A LOCATION AS ALTERNATIVELY AGREED UPON BY THE  SHARED
 VEHICLE  OWNER AND SHARED VEHICLE DRIVER AS COMMUNICATED THROUGH A PEER-
 TO-PEER CAR SHARING PROGRAM; OR
   (C) WHEN THE SHARED  VEHICLE  OWNER  OR  THE  SHARED  VEHICLE  OWNER'S
 AUTHORIZED DESIGNEE TAKES POSSESSION AND CONTROL OF THE SHARED VEHICLE.
   11.  "GROUP  POLICY"  MEANS  AN  INSURANCE  POLICY  ISSUED PURSUANT TO
 SECTION THREE THOUSAND FOUR HUNDRED FIFTY-EIGHT OF THE INSURANCE LAW.
   12. "MOTOR VEHICLE" SHALL:
   (A) HAVE THE MEANING SET FORTH IN SECTION ONE HUNDRED  TWENTY-FIVE  OF
 THE VEHICLE AND TRAFFIC LAW; AND
   (B) HAVE A GROSS WEIGHT RATING OF TEN THOUSAND POUNDS OR LESS.
   13. "OPTIONAL VEHICLE PROTECTION" SHALL:
   (A)  MEAN A PEER-TO-PEER CAR SHARING PROGRAM'S AGREEMENT TO CONTRACTU-
 ALLY ASSUME LIABILITY OR RISK OF LOSS DUE TO PHYSICAL DAMAGE FOR ALL  OR
 PART OF ANY DAMAGE OR LOSS TO THE SHARED VEHICLE, ANY LOSS OF USE OF THE
 SHARED VEHICLE, OR ANY STORAGE, IMPOUND, TOWING OR ADMINISTRATIVE CHARG-
 ES  FOR  WHICH  A  SHARED VEHICLE DRIVER, OR SHARED VEHICLE OWNER MAY BE
 LIABLE.
   (B) ENCOMPASS WITHIN ITS MEANING OTHER SIMILAR TERMS THAT MAY BE  USED
 IN  THE VEHICLE RENTING OR SHARING INDUSTRY SUCH AS, BUT NOT LIMITED TO,

 A. 2349--A                          6
 
 "COLLISION DAMAGE WAIVER", "CDW", "DAMAGE WAIVER", "LOSS DAMAGE WAIVER",
 "LDW", AND "PHYSICAL DAMAGE WAIVER".
   §  901.  LICENSING. A PEER-TO-PEER CAR SHARING PROGRAM MAY NOT OPERATE
 WITHIN THE STATE WITHOUT FIRST HAVING OBTAINED A LICENSE ISSUED  BY  THE
 DEPARTMENT  OF FINANCIAL SERVICES IN A FORM AND MANNER AND WITH APPLICA-
 BLE FEES AS PROVIDED FOR BY REGULATIONS PROMULGATED BY  THE  SUPERINTEN-
 DENT  OF  FINANCIAL  SERVICES.  AS A CONDITION OF OBTAINING A LICENSE, A
 PEER-TO-PEER CAR SHARING PROGRAM SHALL BE  REQUIRED  TO  SUBMIT  TO  THE
 DEPARTMENT OF FINANCIAL SERVICES PROOF OF A GROUP POLICY ISSUED PURSUANT
 TO SECTION THREE THOUSAND FOUR HUNDRED FIFTY-EIGHT OF THE INSURANCE LAW.
   §  902. REQUIREMENTS FOR DOING BUSINESS. 1. NO SHARED VEHICLE SHALL BE
 CLASSIFIED AS A COMMERCIAL  VEHICLE,  FOR-HIRE  VEHICLE,  TRANSPORTATION
 NETWORK COMPANY OR TNC VEHICLE AS DEFINED IN ARTICLE FORTY-FOUR-B OF THE
 VEHICLE  AND TRAFFIC LAW, TAXI-CAB, RENTAL VEHICLE AS DEFINED IN SECTION
 ONE HUNDRED THIRTY-SEVEN-A OF THE VEHICLE AND  TRAFFIC  LAW,  OR  LIVERY
 VEHICLE  SOLELY  BECAUSE THE SHARED VEHICLE OWNER ALLOWS SUCH VEHICLE TO
 BE USED FOR PEER-TO-PEER CAR SHARING, OR AS SUCH FOR THE DURATION OF THE
 CAR SHARING PERIOD, PROVIDED THAT:  (A) THE PEER-TO-PEER CAR SHARING  IS
 COMPLIANT  WITH  A  PEER-TO-PEER CAR SHARING PROGRAM AS PROVIDED IN THIS
 ARTICLE; (B) IF THE CAR SHARING PROGRAM DOES NOT PROHIBIT SHARED VEHICLE
 DRIVERS FROM USING SHARED VEHICLES FOR COMMERCIAL  USES,  THE  INSURANCE
 MAINTAINED BY THE CAR SHARING PROGRAM DOES NOT EXCLUDE COVERAGE FOR SUCH
 COMMERCIAL  USES;  AND  (C)  THE  CAR SHARING PROGRAM DOES NOT KNOWINGLY
 PLACE THE SHARED VEHICLE INTO USE AS A COMMERCIAL VEHICLE OR AS A  VEHI-
 CLE  FOR-HIRE OR AS A TRANSPORTATION NETWORK COMPANY VEHICLE BY A SHARED
 VEHICLE DRIVER WHILE ENGAGED IN PEER-TO-PEER  CAR  SHARING,  UNLESS  THE
 SHARED  VEHICLE  DRIVER  OR  OWNER, AS APPLICABLE, IS IN COMPLIANCE WITH
 OTHER LAWS APPLIED TO THE COMMERCIAL USE OR TO USE AS A VEHICLE FOR-HIRE
 OR AS A TRANSPORTATION NETWORK COMPANY VEHICLE.
   2. A PEER-TO-PEER CAR SHARING PROGRAM, DURING  EACH  PEER-TO-PEER  CAR
 SHARING  PERIOD  FOR EACH SHARED VEHICLE THAT IT FACILITATES THE USE OF,
 SHALL MAINTAIN INSURANCE THAT PROVIDES FINANCIAL RESPONSIBILITY COVERAGE
 AS FOLLOWS:
   (A) PROVIDE INSURANCE COVERAGE THAT SATISFIES THE FINANCIAL  RESPONSI-
 BILITY  REQUIREMENTS  SET  FORTH  IN SECTION THREE THOUSAND FOUR HUNDRED
 TWENTY OF THE INSURANCE LAW, ARTICLE FIFTY-ONE OF THE INSURANCE LAW  AND
 SUCH  OTHER  REQUIREMENTS,  RULES  OR REGULATIONS THAT MAY APPLY FOR THE
 PURPOSES OF SATISFYING THE FINANCIAL  RESPONSIBILITY  REQUIREMENTS  WITH
 RESPECT TO THE USE OR OPERATION OF A MOTOR VEHICLE;
   (B)  MAINTAIN  ADDITIONAL  INSURANCE  AGAINST  LOSS FROM THE LIABILITY
 IMPOSED BY LAW FOR DAMAGES DURING  THE  CAR  SHARING  PERIOD,  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  PERSONAL
 VEHICLE  OR VEHICLES WITHIN THE STATE, OR ELSEWHERE IN THE UNITED STATES
 OR CANADA, SUBJECT TO A LIMIT, EXCLUSIVE OF  INTEREST  AND  COSTS,  WITH
 RESPECT  TO  EACH  SUCH  OCCURRENCE, OF AT LEAST ONE MILLION TWO HUNDRED
 FIFTY THOUSAND DOLLARS BECAUSE OF BODILY  INJURY  TO  OR  DEATH  OF  ANY
 PERSON, AND INJURY TO OR DESTRUCTION OF PROPERTY; AND
   (C)  PROVIDE  COVERAGE  IN  ACCORDANCE  WITH SUBSECTION (F) OF SECTION
 THREE THOUSAND FOUR HUNDRED  TWENTY  OF  THE  INSURANCE  LAW,  PROVIDING
 SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORIST INSURANCE FOR BODILY INJU-
 RY,  SUBJECT  TO A LIMIT PER OCCURRENCE IN THE AMOUNT OF ONE MILLION TWO
 HUNDRED FIFTY THOUSAND DOLLARS BECAUSE OF BODILY INJURY OR DEATH OF  ANY
 PERSON.

 A. 2349--A                          7
 
   (D) THE INSURANCE REQUIRED UNDER THIS SUBDIVISION NEED NOT BE COTERMI-
 NOUS WITH THE REGISTRATION PERIOD OF THE SHARED VEHICLE INSURED.
   (E)  FOR  PURPOSES OF ARTICLE FIFTY-ONE OF THE INSURANCE LAW, 11 NYCRR
 PART 65 AND GENERAL LIABILITY  CLAIMS,  NOTICE  TO  THE  SHARED  VEHICLE
 OWNER,  SHARED  VEHICLE  DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY
 INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR  PEER-TO-
 PEER  CAR  SHARING  PROGRAM  OF  ANY CLAIM SHALL BE DEEMED NOTICE TO ALL
 APPROPRIATE PARTIES AND INSURERS. ANY SHARED VEHICLE OWNER, SHARED VEHI-
 CLE DRIVER, PEER-TO-PEER CAR SHARING  PROGRAM  OR  ANY  INSURER  OF  THE
 SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-PEER CAR SHARING
 PROGRAM RECEIVING SUCH NOTICE SHALL PROVIDE SUCH NOTICE TO ALL APPROPRI-
 ATE PARTIES.
   3.  THE  INSURANCE  REQUIREMENTS  PROVIDED  IN SUBDIVISION TWO OF THIS
 SECTION MAY BE SATISFIED BY INSURANCE PROVIDED THROUGH  A  GROUP  POLICY
 MAINTAINED  BY  THE PEER-TO-PEER CAR SHARING PROGRAM ON THE SHARED VEHI-
 CLE, SHARED VEHICLE OWNER, AND SHARED VEHICLE DRIVER  PURSUANT  TO  THIS
 ARTICLE.    PROVIDED  THAT  THE PEER-TO-PEER CAR SHARING PROGRAM'S GROUP
 LIABILITY INSURANCE POLICY SHALL BE  PRIMARY  DURING  EACH  CAR  SHARING
 PERIOD,  PURSUANT TO SECTION NINE HUNDRED THREE OF THIS CHAPTER, NOTHING
 SHALL BE DEEMED TO PRECLUDE AN INSURER FROM PROVIDING EXCESS OR UMBRELLA
 COVERAGE FOR THE SHARED VEHICLE OWNER OR SHARED VEHICLE DRIVER  IF  SUCH
 SHARED  VEHICLE  OWNER  OR  SHARED  VEHICLE  DRIVER  CHOOSES TO DO SO BY
 CONTRACT OR ENDORSEMENT.
   4. A PEER-TO-PEER CAR SHARING PROGRAM SHALL, DURING EACH  PEER-TO-PEER
 CAR  SHARING  PERIOD FOR EACH SHARED VEHICLE THAT IT FACILITATES THE USE
 OF, PERFORM THE FOLLOWING:
   (A) PROVIDE SHARED VEHICLE OWNERS WITH  PROOF  OF  INSURANCE  COVERAGE
 SATISFYING SUBDIVISION TWO OF THIS SECTION AND SUCH SHARED VEHICLE OWNER
 OR  SHARED VEHICLE DRIVER SHALL CARRY SUCH PROOF OF COVERAGE WITH HIM OR
 HER AT ALL TIMES DURING HIS OR HER OPERATION OF A SHARED VEHICLE  DURING
 A  PEER-TO-PEER  CAR  SHARING PERIOD. SUCH PROOF OF COVERAGE SHALL BE IN
 SUCH FORM AS THE COMMISSIONER OF MOTOR VEHICLES SHALL  PRESCRIBE,  WHICH
 MAY  BE  IN  THE  FORM OF AN INSURANCE IDENTIFICATION CARD AS DEFINED IN
 SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW. ANY  INSUR-
 ANCE IDENTIFICATION CARD ISSUED PURSUANT TO THE PROVISIONS OF THIS ARTI-
 CLE  SHALL  BE IN ADDITION TO THE INSURANCE IDENTIFICATION CARD REQUIRED
 PURSUANT TO ARTICLE SIX OF THE VEHICLE  AND  TRAFFIC  LAW,  AND  NOTHING
 CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO SUPERSEDE THE PROVISIONS OF
 ARTICLE  SIX  OF THE VEHICLE AND TRAFFIC LAW. WHENEVER THE PRODUCTION OF
 AN INSURANCE IDENTIFICATION CARD IS REQUIRED BY LAW,  A  SHARED  VEHICLE
 OWNER  OR  SHARED  VEHICLE DRIVER SHALL: (I) PRODUCE THE INSURANCE IDEN-
 TIFICATION CARD PURSUANT TO ARTICLE SIX OF THE VEHICLE AND TRAFFIC  LAW;
 AND (II) IF SUCH SHARED VEHICLE OWNER OR SHARED VEHICLE DRIVER WAS OPER-
 ATING SUCH VEHICLE DURING A PEER-TO-PEER CAR SHARING PERIOD, SUCH SHARED
 VEHICLE  OWNER OR SHARED VEHICLE DRIVER SHALL ALSO PRODUCE THE INSURANCE
 IDENTIFICATION CARD REQUIRED PURSUANT TO THIS ARTICLE. A SHARED  VEHICLE
 OWNER  OR  SHARED  VEHICLE  DRIVER WHO, WHILE OPERATING A SHARED VEHICLE
 DURING A PEER-TO-PEER CAR SHARING PERIOD, HAS IN  EFFECT  THE  INSURANCE
 REQUIRED  PURSUANT  TO  THIS  ARTICLE,  SHALL  NOT  BE  DEEMED  TO BE IN
 VIOLATION OF INSURANCE REQUIREMENTS UNDER ARTICLE SIX OF THE VEHICLE AND
 TRAFFIC LAW DURING SUCH TIME AS HE OR SHE  WAS  OPERATING  SUCH  VEHICLE
 DURING SUCH PERIOD.
   (B)  PROVIDE  THE  FOLLOWING  FOR EACH SHARED VEHICLE DRIVER, FOR EACH
 PEER-TO-PEER CAR SHARING PERIOD:
   (I) AN INSURANCE IDENTIFICATION CARD AS DEFINED IN SUBDIVISION TEN  OF
 SECTION  THREE  HUNDRED  ELEVEN OF THE VEHICLE AND TRAFFIC LAW, OR OTHER

 A. 2349--A                          8
 
 DOCUMENTATION, WHETHER PRINTED OR ELECTRONIC, WHICH THE  SHARED  VEHICLE
 DRIVER SHALL CARRY AND HAVE AVAILABLE IN THE VEHICLE AT ALL TIMES DURING
 THE  PEER-TO-PEER  CAR  SHARING PERIOD AND CLEARLY DEMONSTRATES THAT THE
 SECURITY  INSURANCE REFERRED TO IN SUBDIVISION TWO OF THIS SECTION IS IN
 FULL FORCE AND EFFECT; AND
   (II) A TOLL-FREE NUMBER, ELECTRONIC MAIL, OR OTHER SUCH FORM OF COMMU-
 NICATION BY WHICH A LAW ENFORCEMENT POLICE  OFFICER,  REPRESENTATIVE  OF
 THE  DEPARTMENT OF MOTOR VEHICLES, OR OTHER OFFICER OF THIS STATE OR ANY
 POLITICAL SUBDIVISION THEREOF WITH  RELEVANT  JOB  RESPONSIBILITIES  MAY
 CONFIRM  THAT  THE  INSURANCE  PROVIDED  FOR  IN SUBDIVISION TWO OF THIS
 SECTION IS IN FULL FORCE AND EFFECT.
   (C) COLLECT, MAINTAIN, AND MAKE AVAILABLE TO THE SHARED VEHICLE OWNER,
 THE SHARED VEHICLE OWNER'S PRIMARY MOTOR VEHICLE  LIABILITY  INSURER  IN
 CONNECTION  WITH  A  CLAIMED  LOSS,  THE SHARED VEHICLE DRIVER'S PRIMARY
 MOTOR VEHICLE LIABILITY INSURER IN CONNECTION WITH A CLAIMED  LOSS,  ANY
 EXCESS  OR  UMBRELLA  INSURERS  IN CONNECTION WITH A CLAIMED LOSS, THIRD
 PARTIES DIRECTLY INVOLVED IN MOTOR VEHICLE INCIDENTS WITH A SHARED VEHI-
 CLE IN CONNECTION WITH A CLAIMED LOSS,  AND  ANY  GOVERNMENT  AGENCY  AS
 REQUIRED BY LAW, WITHIN TEN BUSINESS DAYS OF A REQUEST, OR AS REASONABLY
 PRACTICABLE THEREAFTER THE FOLLOWING INFORMATION PERTAINING TO INCIDENTS
 WHICH OCCURRED DURING THE PEER-TO-PEER CAR SHARING PERIOD:
   (I)  AVAILABLE RECORDS OF THE PEER-TO-PEER CAR SHARING PERIOD FOR EACH
 SHARED VEHICLE INVOLVED, AND TO THE EXTENT AVAILABLE,  VERIFIABLE  ELEC-
 TRONIC  RECORDS OF THE TIME, INITIAL AND FINAL LOCATIONS OF THE VEHICLE,
 AND, TO THE EXTENT MILEAGE IS COLLECTED, MILES DRIVEN;
   (II) IN INSTANCES WHERE AN INSURANCE CLAIM HAS BEEN FILED WITH A GROUP
 INSURER, ALL INFORMATION RELEVANT TO  THE  CLAIM,  TO  THE  EXTENT  SUCH
 INFORMATION  IS AVAILABLE, INCLUDING BUT NOT LIMITED TO, PAYMENTS BY THE
 PROGRAM CONCERNING ACCIDENTS, DAMAGES AND INJURIES; AND
   (III) FOR PURPOSES OF ARTICLE FIFTY-ONE OF THE INSURANCE LAW, 11 NYCRR
 PART 65 AND GENERAL LIABILITY  CLAIMS,  NOTICE  TO  THE  SHARED  VEHICLE
 OWNER,  SHARED  VEHICLE  DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY
 INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR  PEER-TO-
 PEER  CAR  SHARING  PROGRAM  OF  ANY CLAIM SHALL BE DEEMED NOTICE TO ALL
 APPROPRIATE PARTIES AND INSURERS. ANY SHARED VEHICLE OWNER, SHARED VEHI-
 CLE DRIVER, PEER-TO-PEER CAR SHARING  PROGRAM  OR  ANY  INSURER  OF  THE
 SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-PEER CAR SHARING
 PROGRAM RECEIVING SUCH NOTICE SHALL PROVIDE SUCH NOTICE TO ALL APPROPRI-
 ATE PARTIES.
   (D) ENSURE THAT THE SHARED VEHICLE OWNER AND SHARED VEHICLE DRIVER ARE
 GIVEN  REASONABLE NOTICE PRIOR TO THE FIRST USE OR OPERATION OF A SHARED
 VEHICLE PURSUANT TO A PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT THAT:
   (I) DURING THE PEER-TO-PEER CAR SHARING  PERIOD,  THE  SHARED  VEHICLE
 OWNER'S PERSONAL MOTOR VEHICLE LIABILITY INSURER MAY EXCLUDE ANY AND ALL
 COVERAGE  AFFORDED UNDER ITS POLICY, PROVIDED THE SHARED VEHICLE OWNER'S
 INSURER NOTIFIED ITS INSURED THAT IT SHALL HAVE NO DUTY TO INDEMNIFY  OR
 DEFEND ANY PERSON OR ORGANIZATION FOR LIABILITY FOR ANY LOSS THAT OCCURS
 DURING THE PEER-TO-PEER CAR SHARING PERIOD; AND
   (II)  ANY  INSURANCE OR PHYSICAL DAMAGE PROTECTION OFFERED PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION OR  SUBSECTION  (E)  OF
 SECTION  THREE  THOUSAND  FOUR HUNDRED FIFTY-EIGHT OF THE INSURANCE LAW,
 SHALL NOT BE VALID OR COLLECTIBLE  FOR  DAMAGES  OR  LOSSES  THAT  OCCUR
 OUTSIDE OF THE PEER-TO-PEER CAR SHARING PERIOD.
   (E)  ENSURE  THAT THE SHARED VEHICLE OWNER ACKNOWLEDGES UPON OR BEFORE
 ENROLLMENT IN A PEER-TO-PEER CAR SHARING PROGRAM,  AND  IS  NOTIFIED  IN
 PLAIN  CONSPICUOUS  LANGUAGE  BEFORE EACH CAR SHARING PERIOD, THAT STATE

 A. 2349--A                          9
 
 LAW MAY IMPOSE LIABILITY FOR INJURIES TO PERSON  OR  PROPERTY  RESULTING
 FROM  THE  NEGLIGENCE  IN  THE USE OR OPERATION OF THE SHARED VEHICLE BY
 SHARED VEHICLE DRIVERS FOR JUDGMENTS EXCEEDING THE  COVERAGE  LIMITS  OF
 INSURANCE IN EFFECT DURING THE CAR SHARING PERIOD. THE SUBSEQUENT NOTICE
 REQUIRED UNDER THIS SUBSECTION MAY BE PROVIDED ELECTRONICALLY, INCLUDING
 BY  ELECTRONIC  MAIL  AND  HYPERLINK  TO  A WEBSITE EXPLAINING INSURANCE
 COVERAGES AND VICARIOUS LIABILITY OR OTHER SUBSTANTIALLY  SIMILAR  MEANS
 OF NOTICE.
   5.  AT  THE TIME A VEHICLE IS ENROLLED IN THE PEER-TO-PEER CAR SHARING
 PROGRAM, THE PEER-TO-PEER CAR  SHARING  PLATFORM  SHALL  FILE  WITH  THE
 COMMISSIONER  OF MOTOR VEHICLES, IN SUCH FORM AND MANNER AS SUCH COMMIS-
 SIONER MAY REQUIRE, A STATEMENT IDENTIFYING THE SHARED VEHICLE AND PROOF
 OF A GROUP POLICY APPLICABLE TO SUCH SHARED VEHICLE PURSUANT TO  SECTION
 THREE THOUSAND FOUR HUNDRED SEVEN OF THE INSURANCE LAW. THE COMMISSIONER
 OF MOTOR VEHICLES SHALL IDENTIFY THE VEHICLE AS ENROLLED IN THE PEER-TO-
 PEER  CAR SHARING PROGRAM AND PROVIDE PROOF OF A GROUP POLICY APPLICABLE
 TO SUCH SHARED VEHICLE PURSUANT TO THE INSURANCE LAW IN SUCH VEHICLE  OR
 REGISTRATION  RECORD IN A MANNER ACCESSIBLE TO THE PUBLIC.  FAILURE OF A
 PEER-TO-PEER CAR SHARING PLATFORM TO COMPLY WITH THE PROVISIONS OF  THIS
 ARTICLE  MAY RESULT IN PENALTIES WHICH MAY INCLUDE SUSPENSION OR REVOCA-
 TION OF LICENSE AS PROVIDED BY LAW.
   6. (A) EXCEPT AS PROVIDED IN PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  A
 GROUP  POLICY  MAINTAINED  BY  A PROGRAM SHALL BE PLACED WITH AN INSURER
 AUTHORIZED TO WRITE INSURANCE IN THIS STATE.
   (B) IF A PROGRAM IS UNABLE TO PURCHASE A  GROUP  POLICY  BECAUSE  SUCH
 INSURANCE  IS  UNAVAILABLE  FROM  AUTHORIZED  INSURERS,  THE PROGRAM MAY
 ACQUIRE SUCH GROUP INSURANCE WITH AN  EXCESS  LINE  BROKER  PURSUANT  TO
 SECTION TWO THOUSAND ONE HUNDRED EIGHTEEN OF THE INSURANCE LAW;
   (C) THE OBLIGATION TO DETERMINE WHETHER THE INSURANCE REQUIRED BY THIS
 SECTION  IS  UNAVAILABLE  FROM INSURERS AUTHORIZED TO WRITE INSURANCE IN
 THIS STATE SHALL BE MADE PRIOR TO THE  INITIAL  PLACEMENT  AND  AT  EACH
 RENEWAL OF A POLICY.
   (D)  COMPLIANCE  WITH  THE  EXCESS AND SURPLUS LINE STATUTES AND REGU-
 LATIONS OF THIS STATE SHALL BE PERFORMED WITH RESPECT TO THE GROUP AS  A
 WHOLE AND NOT WITH RESPECT TO INDIVIDUAL GROUP MEMBERS.
   (E)  A  GROUP  POLICY PROVIDED FOR IN THIS SECTION SHALL NOT INCLUDE A
 MANDATORY ARBITRATION  CLAUSE  IN  A  POLICY  ISSUED  PURSUANT  TO  THIS
 SECTION.    NOTHING IN THIS SECTION SUPERSEDES THE MANDATORY ARBITRATION
 REQUIREMENTS CONTAINED IN SECTION FIVE THOUSAND ONE HUNDRED FIVE OF  THE
 INSURANCE LAW.
   7.  A  PEER-TO-PEER  CAR  SHARING  PROGRAM SHALL, UPON ENTERING INTO A
 PEER-TO-PEER CAR SHARING AGREEMENT WITH A SHARED VEHICLE OWNER AND PRIOR
 TO THE SHARED VEHICLE OWNER MAKING A SHARED VEHICLE AVAILABLE FOR  SHAR-
 ING  IN THE PROGRAM, PROVIDE NOTICE IN PLAIN CONSPICUOUS LANGUAGE TO THE
 SHARED VEHICLE OWNER THAT HE OR SHE MAY NEED ADDITIONAL INSURANCE COVER-
 AGE INCLUDING MOTOR VEHICLE PHYSICAL DAMAGE  COVERAGE  AS  DESCRIBED  IN
 PARAGRAPH NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED
 THIRTEEN  OF  THE  INSURANCE  LAW  IF THE SHARED VEHICLE IS SUBJECT TO A
 LEASE OR LOAN. A PROGRAM SHALL ALSO POST THIS NOTICE ON ITS WEBSITE IN A
 PROMINENT PLACE AND PROVIDE CONTACT INFORMATION FOR  THE  DEPARTMENT  OF
 FINANCIAL SERVICES.
   §  903.  PROGRAM  LIABILITY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, OR ANY PROVISION IN A SHARED VEHICLE OWNER'S POLICY OF MOTOR  VEHI-
 CLE  LIABILITY  INSURANCE,  IN  THE EVENT OF A LOSS OR INJURY THAT SHALL
 OCCUR DURING THE PEER-TO-PEER CAR SHARING PERIOD, THE  PEER-TO-PEER  CAR
 SHARING  PROGRAM INSURERS PROVIDING COVERAGES UNDER SECTION NINE HUNDRED

 A. 2349--A                         10
 
 TWO OF THIS ARTICLE SHALL PROVIDE FINANCIAL RESPONSIBILITY FOR ANY BODI-
 LY INJURY, DEATH, OR DAMAGE TO PROPERTY IN AMOUNTS NOT TO  EXCEED  THOSE
 STATED  IN  THE  PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT AND NOT LESS
 THAN THOSE AMOUNTS REQUIRED IN SECTION NINE HUNDRED TWO OF THIS ARTICLE,
 AND  THE  PEER-TO-PEER  CAR  SHARING PROGRAM SHALL RETAIN SUCH LIABILITY
 IRRESPECTIVE OF A LAPSE IN THE GROUP POLICY OR ANY OTHER INSURANCE POLI-
 CY OR FINANCIAL SECURITY MAINTAINED BY THE PROGRAM.
   2. THE INSURER OR INSURERS PROVIDING GROUP LIABILITY INSURANCE TO  THE
 PEER-TO-PEER CAR SHARING PROGRAM PURSUANT TO SECTION NINE HUNDRED TWO OF
 THIS  ARTICLE  SHALL BE PRIMARY DURING EACH CAR SHARING PERIOD. PROVIDED
 HOWEVER, WHERE: (A) A GOOD FAITH DISPUTE EXISTS  REGARDING  WHO  WAS  IN
 CONTROL  OF THE VEHICLE WHEN THE LOSS OCCURRED GIVING RISE TO SUCH CLAIM
 OR WHETHER THE LOSS OCCURRED OUTSIDE OF THE CAR SHARING PERIOD; AND  (B)
 THE  PEER-TO-PEER  CAR  SHARING PROGRAM DOES NOT HAVE AVAILABLE, DID NOT
 RETAIN, OR IS OTHERWISE UNABLE TO PROVIDE INFORMATION DEMONSTRATING  WHO
 WAS  IN  CONTROL  AT  THE  TIME OF THE LOSS OR WHETHER THE LOSS OCCURRED
 OUTSIDE OF THE CAR SHARING PERIOD, THE SHARED  VEHICLE  OWNER'S  PRIVATE
 MOTOR  VEHICLE  INSURER  SHALL  INDEMNIFY  INSURER OR INSURERS PROVIDING
 GROUP LIABILITY, TO THE EXTENT OF ITS OBLIGATION  UNDER  THE  APPLICABLE
 INSURANCE  POLICY, IF IT IS DETERMINED THAT THE LOSS OCCURRED OUTSIDE OF
 THE PEER-TO-PEER CAR SHARING  PERIOD.    THE  PEER-TO-PEER  CAR  SHARING
 PROGRAM  SHALL NOTIFY THE REGISTERED OWNER'S INSURER OF ANY SUCH DISPUTE
 WITHIN FIFTEEN DAYS OF BECOMING AWARE THAT SUCH A DISPUTE EXISTS.
   3. IN THE EVENT THAT THE SHARED VEHICLE OWNER OR  THE  SHARED  VEHICLE
 OWNER'S  PERSONAL  MOTOR  VEHICLE  INSURER  IS NAMED AS A DEFENDANT IN A
 CIVIL ACTION FOR A LOSS OR INJURY THAT OCCURS DURING ANY TIME WITHIN THE
 PEER-TO-PEER CAR SHARING PERIOD, OR OTHERWISE UNDER THE DIRECT AND IMME-
 DIATE CONTROL OF A PEER-TO-PEER CAR SHARING  PROGRAM,  THE  PEER-TO-PEER
 CAR  SHARING  PROGRAM  SHALL  HAVE  THE DUTY TO DEFEND AND INDEMNIFY THE
 SHARED VEHICLE OWNER AND THE SHARED VEHICLE OWNER'S INSURER  SUBJECT  TO
 THE PROVISIONS OF THIS SECTION, SECTION NINE HUNDRED TWO OF THIS ARTICLE
 AND  SECTION  THREE  THOUSAND  FOUR HUNDRED FIFTY-EIGHT OF THE INSURANCE
 LAW.
   4. A MOTOR VEHICLE LIABILITY INSURER  WHO  DEFENDS  OR  INDEMNIFIES  A
 CLAIM  AGAINST A SHARED VEHICLE WHICH IS EXCLUDED UNDER THE TERMS OF ITS
 POLICY SHALL HAVE THE RIGHT TO SEEK CONTRIBUTION  AGAINST  THE  PEER-TO-
 PEER  CAR  SHARING  PROGRAM'S  INSURER, IF THE CLAIM IS MADE AGAINST THE
 SHARED VEHICLE OWNER, THE SHARED VEHICLE DRIVER OR  AUTHORIZED  OPERATOR
 FOR LOSS OR INJURY WHICH OCCURS DURING THE CAR SHARING PERIOD.
   5.  A  PEER-TO-PEER  CAR  SHARING PROGRAM MAY CONTRACTUALLY ASSUME THE
 RISK OF LOSS DUE TO PHYSICAL DAMAGE TO SHARED VEHICLES DURING  THE  TIME
 THAT SUCH SHARED VEHICLES ARE IN THE CUSTODY OF THE SHARED VEHICLE DRIV-
 ER  OR  PEER-TO-PEER  CAR  SHARING  PROGRAM, AND THAT SUCH ASSUMPTION OF
 RISK:
   (A) SHALL NOT BE DEEMED TO BE PHYSICAL DAMAGE INSURANCE;
   (B) THAT THE TERMS OF SUCH CONTRACTUAL ASSUMPTION MAY PROVIDE THAT THE
 PROGRAM ASSUMES THE RISK OF PHYSICAL  DAMAGE  LOSS  TO  THE  VEHICLE  IN
 EXCESS OF A SUM CERTAIN; AND
   (C)  IF  THE TERMS OF SUCH CONTRACTUAL ASSUMPTION INCLUDE A SEPARATELY
 ITEMIZED FEE CHARGED  TO  THE  SHARED  VEHICLE  DRIVER  SOLELY  FOR  THE
 CONTRACTUAL  ASSUMPTION OF THE RISK OF LOSS DUE TO PHYSICAL DAMAGE, THEN
 IT SHALL BE PROVIDED UNDER THE TERMS SET FORTH IN THIS ARTICLE.
   6. TO THE EXTENT NOT OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW,  IN
 A  CLAIMS  COVERAGE  INVESTIGATION,  A  PEER-TO-PEER CAR SHARING PROGRAM
 SHALL COOPERATE TO FACILITATE THE EXCHANGE OF RELEVANT INFORMATION  WITH
 DIRECTLY INVOLVED PARTIES AND ANY INSURER OF A SHARED VEHICLE OWNER'S OR

 A. 2349--A                         11

 SHARED  VEHICLE  DRIVER'S  PARTICIPATION  IN  A PEER-TO-PEER CAR SHARING
 PROGRAM.
   7. IN ADDITION TO OTHER REMEDIES AVAILABLE AT LAW, THE ATTORNEY GENER-
 AL  SHALL  HAVE  AUTHORITY TO ENFORCE THIS ARTICLE AS AUTHORIZED BY LAW,
 INCLUDING INJUNCTIVE AND OTHER LEGAL AND EQUITABLE RELIEF  FOR  NON-COM-
 PLIANCE  BY  A  CAR  SHARING  PROGRAM  OR  ANY OTHER PARTY THROUGH CIVIL
 PROCEEDINGS.
   8. ANY PROVISION IN A PEER-TO-PEER CAR SHARING AGREEMENT DESIGNATED BY
 THE COURTS OF ANOTHER JURISDICTION AS THE EXCLUSIVE FORUM FOR  RESOLVING
 DISPUTES  SHALL  BE DEEMED VOID AS AGAINST PUBLIC POLICY WITH RESPECT TO
 THE USE OF A PEER-TO-PEER CAR SHARING PLATFORM OR SHARED VEHICLE IN THIS
 STATE.
   9. A PEER-TO-PEER CAR SHARING PROGRAM SHALL BE DEEMED TO HAVE RECEIVED
 NOTICE OF INJURIES TO PERSONS OR PROPERTY COVERED  UNDER  THE  INSURANCE
 AND  FINANCIAL  SECURITY  REQUIREMENTS OF THIS ARTICLE AT THE EARLIER OF
 NOTICE RECEIVED BY  THE  PEER-TO-PEER  CAR  SHARING  PROGRAM  OR  NOTICE
 RECEIVED  BY  THE  SHARED  VEHICLE  OWNER.  A SHARED VEHICLE OWNER SHALL
 PROMPTLY GIVE ACTUAL NOTICE TO THE PEER-TO-PEER CAR SHARING PROGRAM  AND
 ITS INSURERS, INCLUDING NOTICE IN THE FORM AND MANNER AS REQUIRED IN THE
 PEER-TO-PEER CAR SHARING AGREEMENT, OF ANY LOSSES POTENTIALLY COVERED BY
 INSURANCE  MAINTAINED  BY THE PEER-TO-PEER CAR SHARING PROGRAM.  A PEER-
 TO-PEER CAR SHARING PROGRAM OR ITS INSURERS  SHALL  BE  DEEMED  TO  HAVE
 RECEIVED ACTUAL NOTICE WHEN A SHARED VEHICLE OWNER NOTIFIES THE PEER-TO-
 PEER  CAR  SHARING PROGRAM OR ITS INSURERS WHEN THE SHARED VEHICLE OWNER
 PROVIDED NOTICE IN THE FORM AND MANNER REQUIRED IN THE PEER-TO-PEER  CAR
 SHARING AGREEMENT.
   10.  FOR  PURPOSES OF ARTICLE FIFTY-ONE OF THE INSURANCE LAW, 11 NYCRR
 PART 65 AND GENERAL LIABILITY  CLAIMS,  NOTICE  TO  THE  SHARED  VEHICLE
 OWNER,  SHARED  VEHICLE  DRIVER, PEER-TO-PEER CAR SHARING PROGRAM OR ANY
 INSURER OF THE SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR  PEER-TO-
 PEER  CAR  SHARING  PROGRAM  OF  ANY CLAIM SHALL BE DEEMED NOTICE TO ALL
 APPROPRIATE PARTIES AND INSURERS. ANY SHARED VEHICLE OWNER, SHARED VEHI-
 CLE DRIVER, PEER-TO-PEER CAR SHARING  PROGRAM  OR  ANY  INSURER  OF  THE
 SHARED VEHICLE OWNER, SHARED VEHICLE DRIVER, OR PEER-TO-PEER CAR SHARING
 PROGRAM RECEIVING SUCH NOTICE SHALL PROVIDE SUCH NOTICE TO ALL APPROPRI-
 ATE PARTIES.
   §  904.  LIEN  IMPLICATIONS;  NOTIFICATION. WHEN A VEHICLE OWNER FIRST
 REGISTERS AS A SHARED  VEHICLE  OWNER  ON  A  PEER-TO-PEER  CAR  SHARING
 PROGRAM  AND PRIOR TO SUCH TIME AS WHEN THE SHARED VEHICLE OWNER MAKES A
 SHARED VEHICLE AVAILABLE FOR PEER-TO-PEER CAR SHARING  ON  THE  PEER-TO-
 PEER  CAR  SHARING  PROGRAM,  THE PEER-TO-PEER CAR SHARING PROGRAM SHALL
 NOTIFY IN PLAIN CONSPICUOUS LANGUAGE THE SHARED VEHICLE OWNER  THAT,  IF
 THE  SHARED  VEHICLE SHALL HAVE A LIEN AGAINST IT, THE USE OF THE SHARED
 VEHICLE THROUGH A PEER-TO-PEER CAR SHARING PROGRAM, INCLUDING USE  WITH-
 OUT PHYSICAL DAMAGE COVERAGE, MAY VIOLATE THE TERMS OF THE CONTRACT WITH
 THE LIENHOLDER.
   §  905.  INSURABLE INTEREST. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW TO THE CONTRARY, A PEER-TO-PEER CAR SHARING PROGRAM  SHALL  HAVE  AN
 INSURABLE INTEREST IN A SHARED VEHICLE DURING THE PEER-TO-PEER CAR SHAR-
 ING PERIOD.
   2.  NOTHING  IN THIS SECTION SHALL CREATE AN OBLIGATION FOR A PEER-TO-
 PEER CAR SHARING PROGRAM TO PROVIDE INSURANCE BEYOND THE REQUIREMENT  TO
 ENSURE  FINANCIAL SECURITY PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO
 OF SECTION NINE HUNDRED TWO OF THIS ARTICLE.

 A. 2349--A                         12
 
   § 906. DISCLOSURES. 1. EACH PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT
 MADE IN THE STATE SHALL DISCLOSE AND SEPARATELY STATE OR ITEMIZE TO  THE
 SHARED VEHICLE OWNER AND THE SHARED VEHICLE DRIVER:
   (A)  THE  DAILY  RATE,  FEES,  AND,  IF  APPLICABLE,  ANY INSURANCE OR
 PROTECTION PACKAGE COSTS THAT SHALL BE CHARGED  TO  THE  SHARED  VEHICLE
 OWNER OR THE SHARED VEHICLE DRIVER; AND
   (B)  AN  EMERGENCY  TELEPHONE  NUMBER  TO CONTACT PERSONNEL CAPABLE OF
 PROVIDING  ROADSIDE  ASSISTANCE  AND  HANDLING  OTHER  CUSTOMER  SERVICE
 INQUIRIES.
   2.  NO  PEER-TO-PEER  CAR  SHARING  PROGRAM SHALL ACCEPT A RESERVATION
 UNLESS THE SHARED VEHICLE DRIVER HAS RECEIVED A FINAL QUOTED  RATE  THAT
 INCLUDES ALL CHARGES WHICH THE SHARED VEHICLE DRIVER SHALL PAY TO OBTAIN
 ACCESS  TO THE VEHICLE, PROVIDED, HOWEVER, THAT A PEER-TO-PEER CAR SHAR-
 ING PROGRAM MAY SEPARATELY STATE ITEMIZED OPTIONAL ITEMS AND/OR SERVICES
 OR ANY MILEAGE BELOW THE FINAL QUOTED RATE IN THE SAME FONT AND  ON  THE
 SAME PAGE OR WEBPAGE ON WHICH THE RATE QUOTE IS PROVIDED.
   §  907.  DRIVER'S  LICENSE VERIFICATION; DATA RETENTION. 1. A PEER-TO-
 PEER CAR SHARING PROGRAM SHALL NOT ENTER INTO A PEER-TO-PEER CAR SHARING
 PROGRAM AGREEMENT WITH A DRIVER UNLESS THE DRIVER WHO WILL  OPERATE  THE
 SHARED VEHICLE FURNISHES PROOF, BY ELECTRONIC MEANS OR OTHERWISE, OF:
   (A)  A  VALID NEW YORK DRIVER'S LICENSE WHICH AUTHORIZES THE DRIVER TO
 OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE;
   (B) A VALID DRIVER'S LICENSE ISSUED BY THE STATE  OR  COUNTRY  OF  THE
 DRIVER'S  RESIDENCE WHICH AUTHORIZES THE DRIVER IN SUCH STATE OR COUNTRY
 TO DRIVE VEHICLES OF THE CLASS OF THE SHARED  VEHICLE  AND  IS  THE  AGE
 REQUIRED OF A NEW YORK RESIDENT TO OPERATE THAT CLASS OF VEHICLE; OR
   (C)  BEING  OTHERWISE  SPECIFICALLY  AUTHORIZED  BY A VALID LICENSE TO
 OPERATE VEHICLES OF THE CLASS OF THE SHARED VEHICLE.
   2. A PEER-TO-PEER CAR SHARING PROGRAM SHALL KEEP A RECORD OF:
   (A) THE NAME AND ADDRESS OF THE SHARED VEHICLE DRIVER;
   (B) THE IDENTIFICATION NUMBER OF THE DRIVER'S LICENSE  OF  THE  SHARED
 VEHICLE  DRIVER  AND  EACH  OTHER  PERSON, IF ANY, WHO SHALL OPERATE THE
 SHARED VEHICLE; AND
   (C) THE DATE AND PLACE OF ISSUANCE OF THE DRIVER'S  LICENSE  FOR  EACH
 SUCH VEHICLE OPERATOR.
   §  908.  DATA PRIVACY PROTECTIONS. NOTWITHSTANDING ANY OTHER PROVISION
 OF THE LAW TO THE CONTRARY, ALL TRIP DATA, PERSONAL INFORMATION, IMAGES,
 VIDEOS, AND OTHER RECORDED IMAGES  COLLECTED  BY  ANY  PEER-TO-PEER  CAR
 SHARING  PROGRAM WHICH IS AUTHORIZED TO OPERATE PURSUANT TO THIS ARTICLE
 SHALL BE FOR THE EXCLUSIVE USE OF SUCH PEER-TO-PEER CAR SHARING  PROGRAM
 AND SHALL NOT BE SOLD, DISTRIBUTED, OR OTHERWISE MADE ACCESSIBLE EXCEPT:
   1.  TO  THE  PERSON  WHO  IS  THE  SUBJECT OF SUCH DATA INFORMATION OR
 RECORD, OR TO ENABLE OR FACILITATE SUCH PERSON'S USE OF THE CAR  SHARING
 PROGRAM IN ACCORDANCE WITH THE PEER-TO-PEER CAR SHARING AGREEMENT;
   2.  TO RESPOND TO, PROCESS, FACILITATE, ADJUST, OR DEFEND AN INSURANCE
 CLAIM; OR
   3. IF NECESSARY TO COMPLY WITH A LAWFUL COURT ORDER, JUDICIAL  WARRANT
 SIGNED  BY  A  JUDGE  APPOINTED  PURSUANT TO ARTICLE THREE OF THE UNITED
 STATES CONSTITUTION, OR SUBPOENA FOR  INDIVIDUAL  DATA,  INFORMATION  OR
 RECORDS  PROPERLY  ISSUED  PURSUANT TO THE CRIMINAL PROCEDURE LAW OR THE
 CIVIL PRACTICE LAW AND RULES.
   PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS PARAGRAPH  SHALL  BE
 DEEMED TO PRECLUDE THE EXCHANGE OF ANONYMIZED TRIP DATA, INFORMATION, OR
 RECORDED  IMAGES SOLELY FOR THE PURPOSE OF ADMINISTERING SUCH AUTHORIZED
 SHARED PROGRAM, AND PROVIDED FURTHER  THAT  AGGREGATED  ANONYMIZED  TRIP
 DATA  MAY  BE SHARED WITH THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS

 A. 2349--A                         13
 
 FOR  NON-COMMERCIAL  TRANSPORTATION  RESEARCH  OR   TRAFFIC   MANAGEMENT
 PURPOSES.  ANY SUCH EXCHANGES OR SHARING SHALL EXCLUDE PERSONAL INFORMA-
 TION, IMAGES, VIDEOS, AND OTHER RECORDED IMAGES COLLECTED BY  ANY  PEER-
 TO-PEER CAR SHARING PROGRAM. FOR THE PURPOSES OF THIS SECTION, "PERSONAL
 INFORMATION"  SHALL  MEAN  INFORMATION  THAT  IDENTIFIES  AN INDIVIDUAL,
 INCLUDING BUT NOT LIMITED TO NAME, ADDRESS, TELEPHONE  NUMBER,  AND  THE
 TYPE  AND  FORM  OF  PAYMENT  INCLUDING  CREDIT  CARD NUMBER, DEBIT CARD
 NUMBER, OR OTHER PAYMENT METHOD.
   § 909.  RESPONSIBILITY  FOR  EQUIPMENT.  A  PEER-TO-PEER  CAR  SHARING
 PROGRAM  SHALL  HAVE  SOLE  RESPONSIBILITY  FOR ANY EQUIPMENT, SUCH AS A
 GLOBAL POSITIONING SYSTEM, OR GPS, OR OTHER SPECIAL EQUIPMENT  WHICH  IS
 PUT  IN OR ON SUCH VEHICLE TO MONITOR OR FACILITATE THE PEER-TO-PEER CAR
 SHARING TRANSACTION, AND SHALL AGREE TO INDEMNIFY AND HOLD HARMLESS  THE
 SHARED VEHICLE OWNER FOR ANY DAMAGE TO OR THEFT OF SUCH EQUIPMENT DURING
 THE  PEER-TO-PEER  CAR  SHARING PERIOD NOT CAUSED BY SUCH SHARED VEHICLE
 OWNER.   THERE SHALL BE A REBUTTABLE  PRESUMPTION  THAT  DAMAGE  CLAIMED
 DURING  THE PEER-TO-PEER CAR SHARING PERIOD WAS NOT CAUSED BY THE SHARED
 VEHICLE OWNER.   THE PEER-TO-PEER CAR SHARING  PROGRAM  SHALL  HAVE  THE
 RIGHT  TO  SEEK INDEMNITY FROM THE SHARED VEHICLE DRIVER FOR ANY LOSS OR
 DAMAGE TO SUCH EQUIPMENT THAT SHALL OCCUR DURING  THE  PEER-TO-PEER  CAR
 SHARING PERIOD.
   §  910.  SAFETY  RECALLS.  1.  AT THE TIME WHEN A SHARED VEHICLE OWNER
 REGISTERS A SHARED VEHICLE ON A PEER-TO-PEER CAR  SHARING  PROGRAM,  AND
 PRIOR  TO  THE TIME WHEN THE SHARED VEHICLE OWNER MAKES A SHARED VEHICLE
 AVAILABLE FOR CAR SHARING ON THE PEER-TO-PEER CAR SHARING  PROGRAM,  AND
 NO  LESS  THAN ANNUALLY THEREAFTER, THE PEER-TO-PEER CAR SHARING PROGRAM
 SHALL:
   (A) VERIFY THAT THE SHARED VEHICLE IS NOT SUBJECT TO ANY  OPEN  SAFETY
 RECALLS  APPEARING ON THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
 RECALL DATABASE CREATED UNDER 49 C.F.R.  573.15  FOR  WHICH  THE  RECALL
 REPAIR  HAS  NOT  BEEN  MADE AND SHALL NOT PERMIT A SHARED VEHICLE TO BE
 SHARED IN A PEER-TO-PEER CAR SHARING PROGRAM UNLESS THE  VEHICLE  RECALL
 REPAIR HAS BEEN MADE; AND
   (B)  NOTIFY SUCH SHARED VEHICLE OWNER OF THE REQUIREMENTS UNDER SUBDI-
 VISION TWO OF THIS SECTION.
   2. (A) IF THE SHARED VEHICLE OWNER HAS RECEIVED  NOTICE  OF  A  SAFETY
 RECALL  ON A SHARED VEHICLE, BEFORE IT IS ENROLLED IN A PEER-TO-PEER CAR
 SHARING PROGRAM SUCH SHARED VEHICLE OWNER SHALL NOT  MAKE  SUCH  VEHICLE
 AVAILABLE  AS  A  SHARED  VEHICLE  ON A PEER-TO-PEER CAR SHARING PROGRAM
 UNTIL THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.
   (B) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A  SAFETY  RECALL
 ON  A SHARED VEHICLE WHILE THE SHARED VEHICLE IS AVAILABLE ON A PEER-TO-
 PEER CAR SHARING PROGRAM, THE SHARED  VEHICLE  OWNER  SHALL  REMOVE  THE
 SHARED  VEHICLE  FROM  SUCH PEER-TO-PEER CAR SHARING PROGRAM, AS SOON AS
 PRACTICABLE, AND IN NO CASE LONGER THAN SEVENTY-TWO HOURS AFTER  RECEIPT
 OF  SUCH NOTICE, AND IT SHALL NOT BE MADE AVAILABLE THEREAFTER UNTIL THE
 NECESSARY REPAIRS UNDER THE SAFETY RECALL SHALL HAVE BEEN COMPLETED.
   (C) IF A SHARED VEHICLE OWNER HAS RECEIVED NOTICE OF A  SAFETY  RECALL
 ON  A SHARED VEHICLE WHILE SUCH SHARED VEHICLE IS IN THE POSSESSION OF A
 SHARED VEHICLE DRIVER, THE SHARED VEHICLE OWNER SHALL NOTIFY  THE  PEER-
 TO-PEER CAR SHARING PROGRAM ABOUT THE SAFETY RECALL AS SOON AS PRACTICA-
 BLE,  AND IN NO CASE LONGER THAN FORTY-EIGHT HOURS AFTER RECEIPT OF SUCH
 NOTICE, SO THAT THE SHARED VEHICLE DRIVER CAN BE NOTIFIED AND THE SHARED
 VEHICLE CAN BE REMOVED FROM THE PEER-TO-PEER CAR SHARING  PROGRAM  UNTIL
 THE NECESSARY SAFETY RECALL REPAIR HAS BEEN MADE.

 A. 2349--A                         14
 
   (D)  A  SHARED  VEHICLE OWNER SHALL NOT ENROLL A VEHICLE IN A PEER-TO-
 PEER CAR SHARING PROGRAM UNLESS SUCH VEHICLE HAS  BEEN  ISSUED  A  VALID
 SAFETY  INSPECTION  IN  COMPLIANCE  WITH ARTICLE FIVE OF THE VEHICLE AND
 TRAFFIC LAW. A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT PERMIT A VEHI-
 CLE  TO BE SHARED UNLESS THE SHARED VEHICLE OWNER HAS FURNISHED PROOF TO
 THE PROGRAM OF SUCH SAFETY INSPECTION IN COMPLIANCE WITH ARTICLE FIVE OF
 THE VEHICLE AND TRAFFIC LAW WITHIN THE PRECEDING TWELVE MONTHS.
   § 911. DISCRIMINATION BASED ON AGE PROHIBITED. 1. IT SHALL BE UNLAWFUL
 FOR ANY CORPORATION, PARTNERSHIP, FIRM, INSTITUTION, SOLE PROPRIETORSHIP
 OR OTHER ENTITY OR PERSON ENGAGED IN THE BUSINESS  OF  PEER-TO-PEER  CAR
 SHARING TO REFUSE TO MAKE A SHARED VEHICLE AVAILABLE TO ANY PERSON TWEN-
 TY-ONE  YEARS  OF AGE OR OLDER SOLELY ON THE BASIS OF AGE, PROVIDED THAT
 INSURANCE COVERAGE FOR PERSONS OF SUCH AGE IS AVAILABLE. ANY ACTUAL COST
 FOR INSURANCE RELATED TO THE AGE OF THE SHARED DRIVER MAY BE  PASSED  ON
 TO SUCH PERSON.
   2.  A  KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
 NOT TO EXCEED FIVE HUNDRED DOLLARS.
   § 912. DISCRIMINATION ON THE BASIS OF CREDIT CARD OWNERSHIP  PROHIBIT-
 ED.  1. IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM, PARTNERSHIP, INSTITU-
 TION, SOLE PROPRIETORSHIP, CORPORATION OR OTHER ENTITY  ENGAGED  IN  THE
 BUSINESS  OF PEER-TO-PEER CAR SHARING TO REFUSE TO MAKE A SHARED VEHICLE
 AVAILABLE TO ANY PERSON SOLELY ON THE  REQUIREMENT  OF  OWNERSHIP  OF  A
 CREDIT CARD.
   2.  FOR  THE  PURPOSES  OF  THIS SECTION, "CREDIT CARD" SHALL MEAN ANY
 CREDIT CARD, CREDIT PLATE, CHARGE PLATE OR OTHER IDENTIFICATION CARD  OR
 DEVICE WHICH IS ISSUED BY A PERSON TO ANOTHER PERSON AS THE HOLDER THER-
 EOF,  AND  MAY BE USED BY SUCH HOLDER TO OBTAIN A CASH ADVANCE, LOAN, OR
 CREDIT, OR TO PURCHASE OR RENT PROPERTY OR SERVICES ON THE CREDIT OF THE
 PERSON ISSUING THE CREDIT CARD OR THE HOLDER.
   3. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY  A  FINE
 NOT TO EXCEED ONE THOUSAND DOLLARS.
   §  913.  DISCRIMINATION IN PEER-TO-PEER CAR SHARING PROHIBITED. 1.  NO
 CORPORATION, PARTNERSHIP,  FIRM,  INSTITUTION,  SOLE  PROPRIETORSHIP  OR
 OTHER ENTITY OR PERSON ENGAGED IN THE BUSINESS OF PEER-TO-PEER CAR SHAR-
 ING SHALL REFUSE TO MAKE A SHARED VEHICLE AVAILABLE TO ANY PERSON OTHER-
 WISE QUALIFIED BECAUSE OF RACE, COLOR, ETHNIC ORIGIN, RELIGION, DISABIL-
 ITY, OR SEX.
   2.  ANY  PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION ENGAGED
 IN PEER-TO-PEER CAR SHARING FOUND BY A COURT OF  COMPETENT  JURISDICTION
 TO  HAVE  VIOLATED  A  PROVISION  OF  THIS SECTION SHALL BE SUBJECT TO A
 PENALTY OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWENTY-FIVE  HUNDRED
 DOLLARS FOR EACH VIOLATION.
   3.  (A)  IF  A  PEER-TO-PEER  CAR  SHARING  PROGRAM  SHALL ENGAGE IN A
 PERSISTENT OR REPEATED BUSINESS ACTIVITY OR CONDUCT WHICH  DISCRIMINATES
 AGAINST  ANY  INDIVIDUAL  BASED ON SUCH INDIVIDUAL'S RACE, COLOR, ETHNIC
 ORIGIN, RELIGION, DISABILITY, RESIDENCE OR GEOGRAPHIC LOCATION,  INCOME,
 SEXUAL  ORIENTATION,  GENETIC  PREDISPOSITION OR SEX OR MEMBERSHIP IN AN
 OTHERWISE PROTECTED CLASS PURSUANT TO STATE OR FEDERAL LAW, THE ATTORNEY
 GENERAL MAY APPLY, IN THE NAME OF THE PEOPLE OF THE STATE OF  NEW  YORK,
 TO THE SUPREME COURT OF THE STATE OF NEW YORK, ON FIVE DAYS' NOTICE, FOR
 AN ORDER ENJOINING THE CONTINUANCE OF SUCH BUSINESS ACTIVITY AND DIRECT-
 ING RESTITUTION AND DAMAGES. IN ANY SUCH PROCEEDING, THE ATTORNEY GENER-
 AL  MAY  SEEK  A  CIVIL  PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS PER
 VIOLATION AND MAY RECOVER COSTS PURSUANT TO PARAGRAPH SIX OF SUBDIVISION
 (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW  AND
 RULES.

 A. 2349--A                         15
 
   (B)  THE  TERM  "PERSISTENT" AS USED IN THIS SUBDIVISION SHALL INCLUDE
 THE CONTINUANCE OR CARRYING ON OF ANY SUCH BUSINESS ACTIVITY OR CONDUCT.
   (C)  THE  TERM  "REPEATED"  AS  USED IN THIS SUBDIVISION SHALL INCLUDE
 REPETITION OF ANY SEPARATE AND DISTINCT  BUSINESS  ACTIVITY  OR  CONDUCT
 WHICH SHALL AFFECT MORE THAN ONE PERSON.
   (D)  THE  TERM  "BUSINESS  ACTIVITY" AS USED IN THIS SUBDIVISION SHALL
 INCLUDE POLICIES AND/OR STANDARD PRACTICES OF THE PEER-TO-PEER CAR SHAR-
 ING PROGRAM.
   (E) IN CONNECTION WITH ANY SUCH APPLICATION, THE ATTORNEY  GENERAL  IS
 AUTHORIZED TO TAKE PROOF, MAKE A DETERMINATION OF THE RELEVANT FACTS AND
 TO  ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
 IF THE ATTORNEY GENERAL SHALL BRING AN ACTION OR PROCEEDING  UNDER  THIS
 SECTION,  SUCH  AUTHORIZATION  SHALL NOT TERMINATE DUE TO SUCH ACTION OR
 PROCEEDING BEING BROUGHT.
   (F) (I) A PEER-TO-PEER CAR SHARING PROGRAM SHALL IMPLEMENT A  ZERO-TO-
 LERANCE  POLICY  REGARDING  A  SHARED VEHICLE DRIVER'S OR SHARED VEHICLE
 OWNER'S  ACTIVITIES  WHILE  ACCESSING  THE  PEER-TO-PEER   CAR   SHARING
 PROGRAM'S DIGITAL NETWORK.
   (II)  A  PEER-TO-PEER CAR SHARING PROGRAM SHALL ADOPT A POLICY OF NON-
 DISCRIMINATION ON THE BASIS OF RESIDENCE OR GEOGRAPHIC  LOCATION,  RACE,
 COLOR,  NATIONAL ORIGIN, RELIGIOUS BELIEF, PRACTICE OR AFFILIATION, SEX,
 DISABILITY, AGE, SEXUAL  ORIENTATION,  OR  GENETIC  PREDISPOSITION  WITH
 RESPECT  TO SHARED VEHICLE OWNERS AND SHARED VEHICLE DRIVERS, AND NOTIFY
 PEER-TO-PEER CAR SHARING PROGRAM SHARED VEHICLE OWNERS AND SHARED  VEHI-
 CLE DRIVERS OR SUCH POLICY.
   (III)  PEER-TO-PEER  CAR  SHARING  PROGRAM  SHARED  VEHICLE OWNERS AND
 SHARED VEHICLE DRIVERS SHALL COMPLY WITH ALL APPLICABLE  LAWS  REGARDING
 NON-DISCRIMINATION  AGAINST  SHARED  VEHICLE DRIVERS OR POTENTIAL SHARED
 VEHICLE DRIVERS ON THE  BASIS  OF  DESTINATION,  RACE,  COLOR,  NATIONAL
 ORIGIN, RELIGIOUS BELIEF, PRACTICE OR AFFILIATION, SEX, DISABILITY, AGE,
 SEXUAL  ORIENTATION,  OR  GENETIC  PREDISPOSITION WITH RESPECT TO SHARED
 VEHICLE OWNERS AND SHARED VEHICLE  DRIVERS  AND  NOTIFY  SHARED  VEHICLE
 DRIVERS AND SHARED VEHICLE OWNERS OF SUCH POLICY.
   (IV)  PEER-TO-PEER  CAR  SHARING  PROGRAMS SHALL INFORM SHARED VEHICLE
 OWNERS OF THEIR OBLIGATION TO COMPLY WITH ALL APPLICABLE  LAWS  RELATING
 TO ACCOMMODATION OF SERVICE ANIMALS.
   (V)  A PEER-TO-PEER CAR SHARING PROGRAM SHALL IMPLEMENT AND MAINTAIN A
 POLICY AND AN OVERSIGHT PROCESS OF  PROVIDING  ACCESSIBILITY  TO  SHARED
 VEHICLE  DRIVERS  WITH A DISABILITY AND ACCOMMODATION OF SERVICE ANIMALS
 AS SUCH TERM IS DEFINED IN SECTION ONE  HUNDRED  TWENTY-THREE-B  OF  THE
 AGRICULTURE  AND  MARKETS  LAW. A PEER-TO-PEER CAR SHARING PROGRAM SHALL
 NOT IMPOSE ADDITIONAL CHARGES FOR PROVIDING  SERVICES  TO  PERSONS  WITH
 PHYSICAL DISABILITIES BECAUSE OF THOSE DISABILITIES.
   (VI)  THE  NEW YORK STATE DIVISION OF HUMAN RIGHTS SHALL BE AUTHORIZED
 TO ACCEPT, REVIEW AND INVESTIGATE ANY  POTENTIAL  OR  ACTUAL  VIOLATIONS
 WITH RESPECT TO COMPLIANCE WITH NONDISCRIMINATION LAWS AND ACCESSIBILITY
 LAWS  IN  A  FORM  AND  MANNER  CONSISTENT  WITH AUTHORITY UNDER ARTICLE
 FIFTEEN OF THE EXECUTIVE LAW AND SHALL NOTIFY THE DEPARTMENT  OF  FINAN-
 CIAL SERVICES, UPON A FINDING OF A VIOLATION BY A PEER-TO-PEER CAR SHAR-
 ING  PROGRAM,  FOR  PURPOSES  OF  SUSPENDING  A PEER-TO-PEER CAR SHARING
 PROGRAM'S ABILITY TO OPERATE IN THE STATE.
   § 914. OPTIONAL VEHICLE PROTECTION; REQUIREMENTS. 1. (A) (I)  A  PEER-
 TO-PEER  CAR  SHARING PROGRAM SHALL NOT CHARGE A SEPARATELY ITEMIZED FEE
 SOLELY FOR OPTIONAL VEHICLE PROTECTION, EXCEPT AS FOLLOWS:
   (A) THE FEE CHARGED BY A PEER-TO-PEER CAR SHARING PROGRAM SHALL REPRE-
 SENT THE PROGRAM'S GOOD-FAITH ESTIMATE OF A DAILY CHARGE, AS  CALCULATED

 A. 2349--A                         16

 BY  THE  PROGRAM, TO RECOVER THE ACTUAL, TOTAL ANNUAL EXPENSES, INCURRED
 BY THE PROGRAM, TOGETHER WITH A COMMERCIALLY  REASONABLE  ALLOWANCE  FOR
 THE  CONTRACTUAL  RISKS ASSUMED BY THE PROGRAM, FOR THE PROGRAM'S AGREE-
 MENT  WITH  SHARED VEHICLE DRIVERS TO CONTRACTUALLY ASSUME LIABILITY FOR
 ALL OR PART OF ANY DAMAGE OR LOSS TO THE SHARED VEHICLE DURING THE  CARE
 SHARING PERIOD;
   (B)  IF THE TOTAL AMOUNT OF OPTIONAL VEHICLE PROTECTION FEES COLLECTED
 BY A PEER-TO-PEER CAR SHARING PROGRAM UNDER THIS SECTION IN ANY CALENDAR
 YEAR EXCEEDS THE PROGRAM'S ACTUAL COSTS, THE PROGRAM SHALL:
   (1) RETAIN THE EXCESS AMOUNT; AND
   (2) ADJUST THE ESTIMATED, AVERAGE PER DAY OPTIONAL VEHICLE  PROTECTION
 FEE FOR THE FOLLOWING CALENDAR YEAR BY A CORRESPONDING AMOUNT.
   (II)  NOTHING IN THIS SECTION SHALL PREVENT A PEER-TO-PEER CAR SHARING
 PROGRAM FROM MAKING ADJUSTMENT TO THE OPTIONAL  VEHICLE  PROTECTION  FEE
 DURING THE CALENDAR YEAR.
   (B) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT SELL OPTIONAL VEHICLE
 PROTECTION  UNLESS  THE  SHARED  VEHICLE  DRIVER OR SHARED VEHICLE OWNER
 AGREES TO THE PURCHASE OF SUCH PROTECTION IN WRITING AT OR PRIOR TO  THE
 TIME THE PEER-TO-PEER CAR SHARING AGREEMENT IS EXECUTED.
   (C) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT VOID OPTIONAL VEHICLE
 PROTECTION  CONTRACTUALLY  ASSUMED  FROM THE SHARED VEHICLE OWNER EXCEPT
 FOR ONE OR MORE OF THE FOLLOWING REASONS:
   (I) THE DAMAGE OR LOSS IS CAUSED INTENTIONALLY OR AS A RESULT OF WILL-
 FUL, WANTON, OR RECKLESS CONDUCT OF THE DRIVER;
   (II) THE DAMAGE OR LOSS ARISES OUT OF THE DRIVER'S  OPERATION  OF  THE
 VEHICLE  WHILE  INTOXICATED OR UNLAWFULLY IMPAIRED BY THE USE OF ALCOHOL
 OR DRUGS;
   (III) THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO  THE  PEER-TO-
 PEER  CAR  SHARING  AGREEMENT  BASED  ON  FRAUDULENT OR MATERIALLY FALSE
 INFORMATION SUPPLIED BY THE SHARED VEHICLE DRIVER;
   (IV) THE DAMAGE OR LOSS ARISES OUT OF THE USE  OF  THE  VEHICLE  WHILE
 ENGAGED IN THE COMMISSION OF A CRIME OTHER THAN A TRAFFIC INFRACTION;
   (V)  THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE TO
 CARRY PERSONS OR PROPERTY FOR HIRE, AS A TRANSPORTATION NETWORK  COMPANY
 OR  TNC  VEHICLE  AS  DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE AND
 TRAFFIC LAW, TO PUSH OR TOW ANYTHING, WHILE ENGAGED IN A SPEED  CONTEST,
 OPERATING OFF-ROAD, OR FOR DRIVER'S TRAINING;
   (VI) THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE BY
 A  PERSON  OTHER  THAN:    (1) THE SHARED VEHICLE DRIVER; (2) THE SHARED
 VEHICLE DRIVER'S SPOUSE, CHILD OVER THE AGE OF EIGHTEEN OR A  PARENT  OR
 PARENT-IN-LAW OF THE SHARED VEHICLE DRIVER, PROVIDED SUCH SPOUSE, CHILD,
 PARENT  OR PARENT-IN-LAW IS PROPERLY LICENSED TO OPERATE A MOTOR VEHICLE
 AND RESIDES IN THE SAME HOUSEHOLD AS THE SHARED VEHICLE DRIVER; OR (3) A
 PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPENSATION  AND  IN  THE
 NORMAL COURSE OF EMPLOYMENT;
   (VII)  THE  DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE
 OUTSIDE OF THE UNITED STATES WHEN THAT USE IS NOT  SPECIFICALLY  AUTHOR-
 IZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT; OR
   (VIII)  THE SHARED VEHICLE DRIVER OR HIS OR HER SPOUSE, CHILD OVER THE
 AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF THE SHARED VEHICLE DRIV-
 ER HAVE FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING  DAMAGE  OR
 LOSS AS SET FORTH IN SUBDIVISION FIVE OF THIS SECTION;
   (IX)  THE SHARED VEHICLE OWNER KNOWINGLY PROVIDED ERRONEOUS OR INACCU-
 RATE INFORMATION TO THE PEER-TO-PEER CAR SHARING PROGRAM  IN  CONNECTION
 WITH  ANY RESERVATION FOR WHICH THE SHARED VEHICLE OWNER HAS AGREED THAT

 A. 2349--A                         17
 
 THE PEER-TO-PEER CAR SHARING PROGRAM WILL CONTRACTUALLY ASSUME THE  RISK
 OF LOSS FOR PHYSICAL DAMAGE TO THE SHARED VEHICLE;
   (X)  THE  SHARED  VEHICLE  OWNER  FAILS TO SUBMIT A CLAIM FOR PHYSICAL
 DAMAGE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF  THE  PEER-TO-PEER
 CAR SHARING PROGRAM AGREEMENT; OR
   (XI)  WHERE  THE SHARED VEHICLE OWNER FAILS TO MAKE THE SHARED VEHICLE
 AVAILABLE FOR INSPECTION WHEN A SHARED  VEHICLE  DRIVER  OR  THE  SHARED
 VEHICLE  DRIVER'S  INSURER  REQUESTS  TO  INSPECT  THE SHARED VEHICLE IN
 ACCORDANCE WITH THIS ARTICLE.
   (D) A SHARED VEHICLE DRIVER MAY VOID OPTIONAL VEHICLE PROTECTION PRIOR
 TO THE BEGINNING OF THE CAR SHARING PERIOD WITHIN TWENTY-FOUR  HOURS  OF
 PURCHASE PROVIDED THAT THE CUSTOMER: (I) HAS ENTERED INTO A PEER-TO-PEER
 CAR  SHARING  AGREEMENT WITH A TERM OF TWO OR MORE DAYS; (II) APPEARS IN
 PERSON BEFORE THE SHARED VEHICLE OWNER TOGETHER WITH  THE  VEHICLE  THAT
 SHALL  BE  SUBJECT  TO  INSPECTION;  AND (III) SIGNS A CANCELLATION FORM
 PROVIDED BY THE PEER-TO-PEER CAR SHARING PROGRAM.
   (E) AFTER TWENTY-FOUR HOURS OF PURCHASE, A CUSTOMER MAY  PROSPECTIVELY
 TERMINATE  OPTIONAL VEHICLE PROTECTION PRIOR TO THE BEGINNING OF THE CAR
 SHARING PERIOD, PROVIDED THE CUSTOMER: (I) APPEARS IN PERSON BEFORE  THE
 SHARED  VEHICLE OWNER TOGETHER WITH THE VEHICLE THAT SHALL BE SUBJECT TO
 INSPECTION; (II) VOIDS THE OPTIONAL VEHICLE PROTECTION IN  WRITING;  AND
 (III)  PAYS  THE  OPTIONAL  VEHICLE  PROTECTION  CHARGE  FOR ANY FULL OR
 PARTIAL DAY OR PORTION OF  A  DAY  DURING  WHICH  THE  OPTIONAL  VEHICLE
 PROTECTION WAS IN EFFECT.
   2.  SUBJECT TO THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN, AND EIGHT OF
 THIS SECTION, A PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHI-
 CLE DRIVER LIABLE FOR ACTUAL DAMAGE TO, OR LOSS OF,  A  SHARED  VEHICLE,
 PROVIDED THAT:
   (A)  ANY CLAIM FOR SUCH DAMAGE SHALL BE BASED ON A PHYSICAL INSPECTION
 AND SHALL BE MADE UPON THE RETURN OF SUCH SHARED VEHICLE; AND
   (B) ANY CHARGE FOR REPAIR OF SUCH DAMAGE SHALL BE  LIMITED  TO  ACTUAL
 AND  REASONABLE  COSTS  AND  SHALL BE ASSESSED AND BILLED SEPARATELY AND
 APART FROM THE PEER-TO-PEER CAR SHARING AGREEMENT.
   3. (A) ANY PEER-TO-PEER CAR SHARING PROGRAM WHICH STATES OR PERMITS TO
 BE STATED THE COSTS OF A SHARED VEHICLE IN ANY ADVERTISEMENT SHALL STATE
 CONSPICUOUSLY, IN PLAIN LANGUAGE AND IN CONJUNCTION WITH THE  ADVERTISED
 COST OF THE SHARED VEHICLE AND THE DAILY RATE OF THE APPLICABLE OPTIONAL
 VEHICLE PROTECTION, THAT THE RATE CONSTITUTES AN ADDITIONAL DAILY CHARGE
 TO  THE  SHARED  VEHICLE DRIVER, THAT THE PURCHASE OF SUCH PROTECTION IS
 OPTIONAL, IF SUCH RATE CAN BE ASCERTAINED AT THE TIME  OF  PURCHASE  AND
 THAT PROSPECTIVE SHARED VEHICLE DRIVERS SHOULD EXAMINE THEIR CREDIT CARD
 PROTECTIONS AND AUTOMOBILE INSURANCE POLICIES FOR COVERAGE.
   (B) WHERE A WRITTEN ADVERTISEMENT, INCLUDING ALL PRINT MEDIA, CONTAINS
 THE STATEMENT OF THE COST OF THE SHARED VEHICLE, THE DISCLOSURE REQUIRED
 BY  THIS SECTION SHALL BE PRINTED IN TYPE NO LESS THAN SIZE TWELVE-POINT
 FONT.
   (C) WHEN THE WEBSITE OF A PEER-TO-PEER  CAR  SHARING  PROGRAM  OR  THE
 VIDEO  PRESENTATION  OF  A  TELEVISION OR INTERNET ADVERTISEMENT BY SUCH
 PEER-TO-PEER CAR SHARING PROGRAM CONTAINS THE WRITTEN STATEMENT  OF  THE
 COST  OF  A  SHARED  VEHICLE, THE DEPICTION OF SUCH COST OF THE OPTIONAL
 VEHICLE PROTECTION SHALL BE CLEAR AND CONSPICUOUS.
   (D) WHEN A RADIO ADVERTISEMENT OR THE AUDIO PRESENTATION  OF  A  TELE-
 VISION  ADVERTISEMENT  CONTAINS  THE  STATEMENT  OF THE COST OF A SHARED
 VEHICLE, THE ORAL STATEMENT OF SUCH COST SHALL IMMEDIATELY  BE  ACCOMPA-
 NIED BY AN ORAL STATEMENT OF THE COST OF THE OPTIONAL VEHICLE PROTECTION
 IF OFFERED AS A SEPARATELY ITEMIZED PRODUCT.

 A. 2349--A                         18
 
   (E)  WHEN  A  TELEPHONE,  INTERNET  OR OTHER INQUIRY FOR THE COST OF A
 SHARED VEHICLE IS MADE TO  A  PEER-TO-PEER  CAR  SHARING  PROGRAM  WHICH
 INVOLVES  AN  INTERACTION  WITH  A  REPRESENTATIVE OF A PEER-TO-PEER CAR
 SHARING PROGRAM, THE REPRESENTATIVE OF  SUCH  PEER-TO-PEER  CAR  SHARING
 PROGRAM  SHALL,  IN  RESPONSE  TO  THE  INQUIRY,  ADVISE THAT ADDITIONAL
 OPTIONAL PRODUCTS THAT MAY BE OFFERED BY SUCH PEER-TO-PEER  CAR  SHARING
 PROGRAM  SHALL  NOT BE INCLUDED IN THE DAILY RATE. IF AN INQUIRY IS MADE
 REGARDING OPTIONAL VEHICLE PROTECTION, THE REPRESENTATIVE SHALL  PROVIDE
 THE  COST OF THE OPTIONAL VEHICLE PROTECTION AND STATE THAT THE PURCHASE
 OF SUCH PROTECTION IS OPTIONAL AND  THAT  THE  SHARED  VEHICLE  DRIVER'S
 PERSONAL AUTOMOBILE INSURANCE OR CREDIT CARD MAY PROVIDE COVERAGE.
   (F)  ANY PEER-TO-PEER CAR SHARING PROGRAM THAT OFFERS OPTIONAL VEHICLE
 PROTECTION TO A SHARED VEHICLE DRIVER SHALL DISCLOSE TO SUCH PERSON  THE
 FOLLOWING INFORMATION ON ITS WEBSITE:
   "NOTICE:  THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS
 AND OBLIGATIONS. FOR COMPLETE DETAILS, REFER  TO  THE  PEER-TO-PEER  CAR
 SHARING  AGREEMENT.  OPTIONAL  VEHICLE PROTECTION (OVP):   THIS CONTRACT
 OFFERS, FOR AN ADDITIONAL CHARGE, OVP TO COVER YOUR FINANCIAL  RESPONSI-
 BILITY  FOR  DAMAGE  OR LOSS TO THE SHARED VEHICLE. OVP IS ALSO COMMONLY
 REFERRED TO AS A "COLLISION DAMAGE WAIVER".   THE  PURCHASE  OF  OVP  IS
 OPTIONAL  AND  MAY BE DECLINED. BEFORE DECIDING WHETHER TO PURCHASE OVP,
 YOU MAY WISH TO DETERMINE WHETHER  YOUR  CREDIT  CARD,  OR  THE  VEHICLE
 INSURANCE  MAINTAINED  BY YOURSELF OR SOMEONE IN YOUR HOUSEHOLD, AFFORDS
 YOU ANY COVERAGE FOR DAMAGE TO THE SHARED VEHICLE,  AND  THE  AMOUNT  OF
 DEDUCTIBLE  UNDER  ANY  SUCH  COVERAGE. OVP - WHEN VOID: OVP IS VOID AND
 SHALL NOT APPLY TO THE FOLLOWING SITUATIONS:
   1. IF THE DAMAGE OR LOSS IS CAUSED AS A RESULT OF THE  SHARED  VEHICLE
 DRIVER'S  INTENTIONAL  ACTS; WILLFUL, WANTON, OR RECKLESS CONDUCT OF THE
 DRIVER; OR OPERATION OF THE SHARED VEHICLE WHILE INTOXICATED  OR  UNLAW-
 FULLY IMPAIRED BY THE USE OF ALCOHOL OR DRUGS;
   2.  THE PEER-TO-PEER CAR SHARING PROGRAM ENTERED INTO THE PEER-TO-PEER
 SHARING AGREEMENT BASED ON FRAUDULENT OR  MATERIALLY  FALSE  INFORMATION
 SUPPLIED BY THE SHARED VEHICLE DRIVER;
   3. THE DAMAGE OR LOSS ARISES OUT OF THE USE OF THE SHARED VEHICLE:
   (A)  WHILE  ENGAGED IN THE COMMISSION OF A CRIME, OTHER THAN A TRAFFIC
 INFRACTION;
   (B) TO CARRY PERSONS OR PROPERTY FOR HIRE, AS A TRANSPORTATION NETWORK
 COMPANY OR TNC VEHICLE AS DEFINED IN ARTICLE FORTY-FOUR-B OF THE VEHICLE
 AND TRAFFIC LAW, TO PUSH OR TOW  ANYTHING,  WHILE  ENGAGED  IN  A  SPEED
 CONTEST, OPERATING OFF ROAD, OR FOR DRIVER'S TRAINING;
   (C)  BY  A  PERSON  OTHER THAN: (1) THE SHARED VEHICLE DRIVER; (2) THE
 SHARED VEHICLE DRIVER'S SPOUSE, CHILD OVER THE  AGE  OF  EIGHTEEN  OR  A
 PARENT  OR  PARENT-IN-LAW  OF  THE  SHARED VEHICLE DRIVER, PROVIDED SUCH
 SPOUSE, CHILD, PARENT OR PARENT-IN-LAW IS PROPERLY LICENSED TO OPERATE A
 MOTOR VEHICLE AND RESIDES IN THE SAME HOUSEHOLD AS  THE  SHARED  VEHICLE
 DRIVER;  OR  (3) A PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPEN-
 SATION AND IN THE NORMAL COURSE OF EMPLOYMENT;
   (D) OUTSIDE OF THE CONTINENTAL UNITED  STATES  WHEN  NOT  SPECIFICALLY
 AUTHORIZED BY THE PEER-TO-PEER CAR SHARING AGREEMENT;
   (E)  WHERE THE SHARED VEHICLE DRIVER, OR HIS OR HER SPOUSE, CHILD OVER
 THE AGE OF EIGHTEEN OR A PARENT OR PARENT-IN-LAW OF SUCH SHARED  VEHICLE
 DRIVER  FAILED  TO  COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR
 LOSS AS SET FORTH IN LAW. OVP - DAMAGE REPORTING  REQUIREMENTS:  IF  THE
 SHARED  VEHICLE  SUSTAINS  DAMAGE  OR LOSS, THE SHARED VEHICLE DRIVER IS
 REQUIRED TO COMPLETE AND RETURN AN INCIDENT REPORT NOTICE TO  THE  PEER-
 TO-PEER  CAR  SHARING PROGRAM.   OVP - RIGHT TO INSPECT VEHICLE DAMAGES:

 A. 2349--A                         19

 THE SHARED VEHICLE DRIVER AND HIS OR  HER  INSURER  HAVE  THE  RIGHT  TO
 REQUEST  AN  INSPECTION OF THE SHARED VEHICLE DAMAGES WITHIN SEVENTY-TWO
 HOURS OF THE RETURN OF THE VEHICLE. FAILURE OF THE SHARED VEHICLE DRIVER
 OR  HIS  OR  HER  INSURER  TO REQUEST SUCH INSPECTION WITHIN SEVENTY-TWO
 HOURS OF RETURN SHALL BE DEEMED A WAIVER  OF  SUCH  PERSON  OR  ENTITY'S
 RIGHT  TO  INSPECT  THE DAMAGED VEHICLE. THEFT OF THE SHARED VEHICLE: IF
 THE SHARED VEHICLE IS STOLEN DURING THE TERM OF A PEER-TO-PEER CAR SHAR-
 ING AGREEMENT, A SHARED VEHICLE DRIVER MUST  REPORT  THE  THEFT  OF  THE
 SHARED  VEHICLE  TO  THE  PEER-TO-PEER  CAR  SHARING  PROGRAM  AND A LAW
 ENFORCEMENT AGENCY WITHIN TWELVE HOURS OF LEARNING OF SUCH THEFT."
   (F) THE FOLLOWING DISCLOSURE NOTICE SHALL BE MADE ON THE FACE  OF  THE
 PEER-TO-PEER  CAR SHARING AGREEMENT EITHER BY STAMP, LABEL OR AS PART OF
 THE WRITTEN CONTRACT OR ON ANY OTHER WRITTEN DOCUMENT  PROVIDED  TO  THE
 SHARED  VEHICLE DRIVER UPON EXECUTION OF SUCH CONTRACT, AND SHALL BE SET
 APART IN BOLDFACE TYPE AND IN NO SMALLER PRINT THAN  TWELVE-POINT  FONT:
 "NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, OPTIONAL VEHI-
 CLE PROTECTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR LOSS
 TO  THE  SHARED  VEHICLE. THE PURCHASE OF OPTIONAL VEHICLE PROTECTION IS
 OPTIONAL AND MAY BE DECLINED. YOU  ARE  ADVISED  TO  CAREFULLY  CONSIDER
 WHETHER  TO  PURCHASE  THIS  PROTECTION IF YOU HAVE COVERAGE PROVIDED BY
 YOUR CREDIT CARD OR AUTOMOBILE INSURANCE  POLICY  THAT  WILL  COVER  THE
 SHARED  VEHICLE.    BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE
 PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD  OR  YOUR
 VEHICLE  INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE SHARED VEHICLE
 AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE."
   (G) THE PEER-TO-PEER CAR SHARING AGREEMENT SHALL ALSO INCLUDE IN BOLD-
 FACE TYPE AND IN NO SMALLER PRINT THAN TWELVE-POINT FONT AND,  IN  PLAIN
 LANGUAGE,  THE  CONDITIONS  AND EXCLUSIONS SET FORTH IN PARAGRAPH (C) OF
 SUBDIVISION ONE OF THIS SECTION. UPON IDENTIFICATION BY THE SHARED VEHI-
 CLE OWNER OR THE PEER-TO-PEER CAR  SHARING  PROGRAM  OF  DAMAGE  TO  THE
 SHARED  VEHICLE, SUCH PEER-TO-PEER CAR SHARING PROGRAM SHALL INFORM SUCH
 SHARED VEHICLE DRIVER OF HIS OR HER RIGHT TO INSPECT  THE  VEHICLE,  AND
 THE  PROCEDURES AND TIME-FRAMES FOR DOING SO, PURSUANT TO PARAGRAPHS (B)
 AND (C) OF SUBDIVISION FIVE OF THIS SECTION.
   4. (A) UPON IDENTIFICATION OF DAMAGE BY THE SHARED  VEHICLE  OWNER  OR
 PEER-TO-PEER  CAR  SHARING  PROGRAM  AT THE TIME OF RETURN OF THE SHARED
 VEHICLE, TERMINATION OF THE PEER-TO-PEER CAR SHARING AGREEMENT, OR WITH-
 IN TEN DAYS IF AN INSPECTION FOR DAMAGE IS PRECLUDED BECAUSE THE  SHARED
 VEHICLE IS RETURNED BY AUTOMATION, RETURNED AFTER-HOURS, OR RECOVERED BY
 THE  SHARED VEHICLE OWNER OR PEER-TO-PEER CAR SHARING PROGRAM, THE PEER-
 TO-PEER CAR SHARING PROGRAM SHALL FURNISH AN INCIDENT REPORT FORM AND  A
 NOTICE,  PURSUANT  TO  THIS SUBDIVISION, OF THE OBLIGATION OF THE SHARED
 VEHICLE DRIVER TO EXECUTE AND RETURN TO  THE  PEER-TO-PEER  CAR  SHARING
 PROGRAM  A COMPLETE AND ACCURATE INCIDENT REPORT DESCRIBING ANY PHYSICAL
 AND/OR MECHANICAL DAMAGE. IF THE SHARED VEHICLE  IS  RETURNED  BY  AUTO-
 MATION,  RETURNED  AFTER-HOURS, OR RECOVERED BY THE SHARED VEHICLE OWNER
 OR PEER-TO-PEER CAR SHARING  PROGRAM,  SUCH  INCIDENT  REPORT  FORM  AND
 NOTICE  SHALL BE MAILED BY OVERNIGHT DELIVERY SERVICE OR CERTIFIED MAIL,
 RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF SUCH NOTIFICATION SHALL BE
 SENT BY REGULAR MAIL. THE PEER-TO-PEER CAR SHARING PROGRAM SHALL  RETAIN
 A COPY OF SUCH NOTICE AND THE CERTIFIED MAIL RETURN RECEIPT FOR A PERIOD
 OF SIX YEARS.
   (B)  WITHIN  SEVENTY-TWO  HOURS OF RECEIPT OF THE INCIDENT REPORT FORM
 AND NOTICE, EITHER THE SHARED VEHICLE DRIVER OR HIS OR HER INSURER SHALL
 NOTIFY OR SEND NOTICE TO  THE  PEER-TO-PEER  CAR  SHARING  PROGRAM  THAT
 EITHER HE, SHE, OR THE INSURER WISHES TO INSPECT THE DAMAGED VEHICLE. IF

 A. 2349--A                         20
 
 THE  SHARED VEHICLE DRIVER OR HIS OR HER INSURER DOES NOT NOTIFY OR SEND
 A REQUEST FOR THIS INSPECTION WITHIN THE  SEVENTY-TWO-HOUR  PERIOD,  HE,
 SHE, OR THE INSURER SHALL BE DEEMED TO HAVE WAIVED SUCH RIGHT.
   (C) IF THE SHARED VEHICLE DRIVER SHALL DECLINE OR FAIL TO COMPLETE AND
 RETURN  THE  INCIDENT  REPORT REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION, THE PEER-TO-PEER CAR SHARING PROGRAM SHALL, NO SOONER  THAN
 TEN  DAYS  AFTER  THE MAILING OF NOTIFICATION PURSUANT TO SUCH PARAGRAPH
 (A), MAIL ANOTHER COPY OF THE INCIDENT REPORT  TOGETHER  WITH  A  LETTER
 STATING  THAT THE SHARED VEHICLE DRIVER HAS DECLINED OR OTHERWISE FAILED
 TO COMPLETE AND RETURN THE INCIDENT REPORT.   SUCH MAILING SHALL  BE  BY
 OVERNIGHT  DELIVERY SERVICE OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
 AND ANOTHER COPY OF SUCH NOTIFICATION BY REGULAR  MAIL,  WITH  PROOF  OF
 MAILING  BY PRODUCTION OF A CERTIFICATE OF MAILING FROM THE POST OFFICE.
 WHEN A REQUEST TO INSPECT THE VEHICLE SHALL HAVE BEEN TIMELY MADE BY THE
 SHARED VEHICLE DRIVER OR HIS OR HER INSURER,  THE  INSPECTION  SHALL  BE
 COMPLETED  WITHIN  SEVEN  DAYS  OF SUCH REQUEST. IF THE PEER-TO-PEER CAR
 SHARING PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A  TOTAL  LOSS  AND
 SUBJECT  TO  SALVAGE,  SUCH  SEVENTY-TWO HOUR PERIOD FOR NOTIFICATION OR
 WAIVER OF THE WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT  APPLY,  AND
 THE  SHARED VEHICLE DRIVER OR HIS OR HER INSURER SHALL HAVE TEN BUSINESS
 DAYS FROM THE SHARED VEHICLE DRIVER'S RECEIPT OF NOTIFICATION  FROM  THE
 PEER-TO-PEER  CAR  SHARING  PROGRAM  PURSUANT  TO  PARAGRAPH (A) OF THIS
 SUBDIVISION TO INSPECT THE DAMAGED VEHICLE, WHICH SHALL BE  MADE  AVAIL-
 ABLE  BY  THE  SHARED VEHICLE OWNER.  WITHIN THE LIMITS PROVIDED IN THIS
 PARAGRAPH, THE PEER-TO-PEER  CAR  SHARING  PROGRAM  SHALL  IDENTIFY  THE
 REPAIRER  OF,  AND  PROVIDE  ACCESS TO, THE DAMAGED VEHICLE, IN ORDER TO
 VERIFY THE NATURE AND EXTENT  OF  DAMAGES,  REPAIRS  AND  REPAIR  COSTS,
 AND/OR REPAIR ESTIMATES.
   (D)  ALL  NOTICES SHALL BE MAILED TO THE ADDRESS OF THE SHARED VEHICLE
 DRIVER AS STATED ON HIS OR HER LICENSE, OR OTHER ADDRESS  AS  DESIGNATED
 BY HIM OR HER IN THE PEER-TO-PEER CAR SHARING AGREEMENT.
   (E)  THE  SHARED VEHICLE DRIVER SHALL COMPLETE AND RETURN THE INCIDENT
 REPORT REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION WITHIN TEN DAYS  OF
 THE RECEIPT OF THE NOTICE REQUIRED BY SUCH PARAGRAPH.
   (F)  THE  NOTICE  REQUIRED  BY  THIS  SUBDIVISION SHALL BE IN AT LEAST
 TWELVE-POINT BOLD FACE TYPE AND SHALL CONTAIN THE STATEMENT: "FAILURE TO
 COMPLETELY AND ACCURATELY FILL OUT AND RETURN AN INCIDENT REPORT  WITHIN
 TEN  DAYS  OF  RECEIPT OF THIS NOTICE MAY MAKE THE SHARED VEHICLE DRIVER
 LIABLE FOR DAMAGES SUSTAINED TO THE SHARED  VEHICLE.  EXCEPT  WHERE  THE
 DAMAGED VEHICLE IS DETERMINED TO BE A TOTAL LOSS AND SUBJECT TO SALVAGE,
 THE  SHARED  VEHICLE  DRIVER OR HIS OR HER INSURER HAS SEVENTY-TWO HOURS
 FROM THE RETURN OR RECOVERY OF THE VEHICLE TO  NOTIFY  THE  PEER-TO-PEER
 CAR  SHARING  PROGRAM THAT HE OR SHE WISHES TO INSPECT THE DAMAGED VEHI-
 CLE. THE INSPECTION SHALL BE COMPLETED WITHIN SEVEN BUSINESS DAYS OF THE
 REQUEST TO INSPECT THE SHARED VEHICLE. IF THE PEER-TO-PEER  CAR  SHARING
 PROGRAM  DOES NOT RECEIVE NOTIFICATION FROM THE SHARED VEHICLE DRIVER OR
 HIS OR HER INSURER REQUESTING SUCH INSPECTION  WITHIN  THE  SEVENTY-TWO-
 HOUR  PERIOD,  THE  SHARED VEHICLE DRIVER AND HIS OR HER INSURER WILL BE
 DEEMED TO HAVE WAIVED  THIS  RIGHT.  IF  THE  PEER-TO-PEER  CAR  SHARING
 PROGRAM DETERMINES THE DAMAGED VEHICLE TO BE A TOTAL LOSS AND SUBJECT TO
 SALVAGE,  SUCH SEVENTY-TWO-HOUR PERIOD FOR NOTIFICATION OR WAIVER OF THE
 WISH TO INSPECT THE DAMAGED VEHICLE SHALL NOT APPLY, AND SUCH  RIGHT  TO
 INSPECT  THE  DAMAGED  VEHICLE  SHALL  EXPIRE TEN BUSINESS DAYS FROM THE
 SHARED VEHICLE DRIVER'S RECEIPT OF THIS NOTICE FROM THE PEER-TO-PEER CAR
 SHARING COMPANY. UPON REQUEST OF THE SHARED VEHICLE DRIVER OR HIS OR HER
 INSURER, WE WILL PROVIDE A COPY OF  THE  PROFESSIONAL  ESTIMATE  OF  THE

 A. 2349--A                         21
 
 COSTS  OF  REPAIRING  THE  DAMAGED  MOTOR  VEHICLE." INFORMATION THAT IS
 PROVIDED IN RESPONSE TO A REQUEST BY A PEER-TO-PEER CAR SHARING PROGRAM,
 BUT THAT IS NOT PROVIDED ON AN INCIDENT REPORT FORM, SHALL  SATISFY  ANY
 REPORTING  OBLIGATION  OF  A  SHARED  VEHICLE  DRIVER  IF  SUCH RESPONSE
 SUBSTANTIALLY COMPLIES WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION.
 IF ADDITIONAL INFORMATION IS REASONABLY REQUIRED BY THE PEER-TO-PEER CAR
 SHARING PROGRAM IN ORDER TO ADJUST ANY CLAIM  OF  LOSS,  SAME  SHALL  BE
 REQUESTED  OF  THE SHARED VEHICLE DRIVER AS SOON AS REASONABLY PRACTICA-
 BLE, WHO SHALL RESPOND TO SAME AS SOON AS REASONABLY PRACTICABLE.
   (G) (I) FOR PURPOSES OF THIS SUBDIVISION, EACH OF THE FOLLOWING  SHALL
 CONSTITUTE AN "INCIDENT REPORT FORM":
   (A)  A  MOTOR  VEHICLE ACCIDENT REPORT PURSUANT TO SECTION SIX HUNDRED
 FIVE OF THE VEHICLE AND TRAFFIC LAW; OR
   (B) ANY SIMILAR APPROPRIATE FORM FURNISHED  BY  THE  PEER-TO-PEER  CAR
 SHARING PROGRAM.
   (II)  AN  INCIDENT REPORT FORM DESCRIBED IN CLAUSE (B) OF SUBPARAGRAPH
 (I) OF THIS PARAGRAPH:
   (A) SHALL BE SENT OR GIVEN TO A SHARED VEHICLE DRIVER WITH  A  REQUEST
 THAT  HE  OR SHE PROVIDE INFORMATION PURSUANT TO THIS SECTION CONCERNING
 DAMAGE TO A VEHICLE POSSESSED BY A SHARED VEHICLE DRIVER; AND
   (B) SUCH FORM MAY ALSO BE MADE AVAILABLE AS  A  FILL-IN  FORM  ON  THE
 PEER-TO-PEER CAR SHARING PROGRAM'S WEBSITE, AND THE SHARED VEHICLE DRIV-
 ER  SHALL  BE ADVISED OF THE AVAILABILITY OF SUCH WEB-BASED FILL-IN FORM
 WHEN A REQUEST FOR INCIDENT INFORMATION IS MADE PURSUANT TO THIS  SUBDI-
 VISION.
   (H) IF THE SHARED VEHICLE DRIVER IS PHYSICALLY INCAPABLE OF COMPLETING
 THE REPORT, THE REQUIREMENTS OF THIS SUBDIVISION SHALL LAPSE UNTIL AFTER
 HE  OR SHE IS ABLE TO COMPLETE THE REPORT AND IS NOTIFIED THAT HE OR SHE
 SHALL COMPLETE AND RETURN THE REPORT AS REQUIRED  BY  PARAGRAPH  (B)  OF
 THIS SUBDIVISION.
   (I)  THE  PEER-TO-PEER CAR SHARING PROGRAM SHALL, AT LEAST TWENTY DAYS
 PRIOR TO COMMENCING AN ACTION AGAINST THE SHARED VEHICLE DRIVER, PROVIDE
 HIM OR HER AN ADDITIONAL OPPORTUNITY TO COMPLETE AND SUBMIT THE INCIDENT
 REPORT BY PROVIDING A SECOND NOTICE, ALONG WITH ANOTHER INCIDENT  REPORT
 FORM,  BY  CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND ANOTHER COPY OF
 SUCH NOTICE AND REPORT FORM BY REGULAR MAIL, WITH PROOF  OF  MAILING  BY
 PRODUCTION  OF  A CERTIFICATE OF MAILING.  IF SUCH SHARED VEHICLE DRIVER
 SENDS THE PEER-TO-PEER CAR SHARING PROGRAM A COMPLETED  INCIDENT  REPORT
 WITHIN FIFTEEN DAYS OF THE RECEIPT OF THE NOTICE, THE PROVISIONS OF THIS
 SUBDIVISION SHALL BE DEEMED SATISFIED.
   5.  (A)  A  PEER-TO-PEER CAR SHARING PROGRAM MAY HOLD A SHARED VEHICLE
 DRIVER LIABLE TO THE EXTENT PERMITTED UNDER THIS CHAPTER FOR PHYSICAL OR
 MECHANICAL DAMAGE TO THE SHARED VEHICLE THAT OCCURS DURING THE TIME  THE
 SHARED   VEHICLE  IS  UNDER  THE  PEER-TO-PEER  CAR  SHARING  AGREEMENT;
 PROVIDED, HOWEVER, THAT A SHARED VEHICLE DRIVER SHALL NOT BE LIABLE  FOR
 ANY  NORMAL  WEAR AND TEAR OR MECHANICAL DAMAGE THAT COULD REASONABLY BE
 EXPECTED FROM NORMAL USE OF THE VEHICLE. FOR THE PURPOSES OF THIS SUBDI-
 VISION, THE TERM "NORMAL WEAR AND TEAR" SHALL MEAN THE DETERIORATION  OF
 THE  CONDITION  OF  THE VEHICLE OR ITS COMPONENT PARTS DUE TO REPETITIVE
 USE AND DOES NOT INCLUDE DAMAGE THAT MATERIALLY DIMINISHES THE VALUE  OF
 THE VEHICLE AND ARISES FROM A SPECIFIC OCCURRENCE OR ACCIDENT DURING THE
 TIME  THE  SHARED  VEHICLE  IS  SUBJECT  TO THE PEER-TO-PEER CAR SHARING
 AGREEMENT; AND THE TERM "ACTUAL AND REASONABLE  COSTS"  SHALL  MEAN  THE
 COST  TO  REPAIR  THE  SHARED  VEHICLE INCLUDING ALL DISCOUNTS AND PRICE
 ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM AND  SHALL
 INCLUDE COSTS FOR TOWING, STORAGE, AND IMPOUND FEES WHERE APPLICABLE.

 A. 2349--A                         22
 
   (B) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
 OF  THIS SUBDIVISION FOR DAMAGE TO A SHARED VEHICLE SHALL NOT EXCEED THE
 LESSER OF:
   (I)  THE ACTUAL AND REASONABLE COSTS THAT THE PEER-TO-PEER CAR SHARING
 PROGRAM INCURRED TO REPAIR THE MOTOR VEHICLE OR  THAT  THE  PEER-TO-PEER
 CAR  SHARING  PROGRAM  WOULD HAVE INCURRED IF THE MOTOR VEHICLE HAD BEEN
 REPAIRED, WHICH  SHALL  REFLECT  ANY  DISCOUNTS,  PRICE  REDUCTIONS,  OR
 ADJUSTMENTS AVAILABLE TO THE PEER-TO-PEER CAR SHARING PROGRAM; OR
   (II)  THE  FAIR  MARKET VALUE OF THE SHARED VEHICLE IMMEDIATELY BEFORE
 THE DAMAGE OCCURRED, AS DETERMINED IN  THE  APPLICABLE  MARKET  FOR  THE
 RETAIL SALE OF THE SHARED VEHICLE, LESS ANY NET DISPOSAL PROCEEDS.
   (C) THE TOTAL LIABILITY OF A SHARED VEHICLE DRIVER UNDER PARAGRAPH (A)
 OF  THIS  SUBDIVISION  FOR  LOSS  OF  A  SHARED VEHICLE SHALL NOT EXCEED
 REASONABLE COSTS INCURRED BY THE PEER-TO-PEER CAR  SHARING  PROGRAM  FOR
 SUCH  LOSS  DUE  TO  THEFT  OF SUCH SHARED VEHICLE UP TO ITS FAIR MARKET
 VALUE, AS DETERMINED BY THE APPLICABLE MARKET FOR  THE  RETAIL  SALE  OF
 SUCH  VEHICLE  IF  IT  IS  ESTABLISHED  THAT  SUCH SHARED VEHICLE DRIVER
 COMMITTED, OR AIDED OR ABETTED IN THE COMMISSION OF, THE THEFT  OF  SUCH
 SHARED VEHICLE.
   (D)  DAMAGES  INCURRED  FOR  THE  LOSS  OF USE OF A SHARED VEHICLE AND
 RELATED ADMINISTRATIVE FEES SHALL NOT BE RECOVERED FROM ANY SHARED VEHI-
 CLE DRIVER OR HIS OR HER INSURER.
   (E) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT HOLD A SHARED VEHICLE
 DRIVER LIABLE FOR ANY AMOUNTS THAT THE PEER-TO-PEER CAR SHARING  PROGRAM
 RECOVERS FROM ANY OTHER PARTY.
   (F) A PEER-TO-PEER CAR SHARING PROGRAM SHALL NOT COLLECT OR ATTEMPT TO
 COLLECT THE AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION UNLESS
 THE PEER-TO-PEER CAR SHARING PROGRAM:
   (I)  OBTAINS  AN ESTIMATE FROM A REPAIR COMPANY OR AN APPRAISER IN THE
 BUSINESS OF PROVIDING SUCH APPRAISALS REGARDING THE  COST  OF  REPAIRING
 SUCH SHARED VEHICLE;
   (II)  PROVIDES  A COPY OF SUCH ESTIMATE AND PHOTOGRAPHIC EVIDENCE UPON
 REQUEST TO SUCH SHARED VEHICLE DRIVER, AS APPLICABLE WHO SHALL BE LIABLE
 UNDER PARAGRAPH (A) OF THIS SUBDIVISION, AND THE INSURER OF SUCH  SHARED
 VEHICLE DRIVER; AND
   (III)  SUBMITS  A  COPY OF SUCH ESTIMATE WITH ANY CLAIM TO COLLECT THE
 AMOUNT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION.
   (G) A CLAIM AGAINST A SHARED VEHICLE DRIVER RESULTING FROM  DAMAGE  OR
 LOSS  TO  A  SHARED VEHICLE SHALL BE REASONABLE AND REFLECT THE VALUE OF
 THE ACTUAL LOSS INCURRED. A PEER-TO-PEER CAR SHARING PROGRAM SHALL MITI-
 GATE DAMAGES WHERE POSSIBLE AND SHALL NOT ASSERT OR  COLLECT  ANY  CLAIM
 FOR  PHYSICAL DAMAGE WHICH EXCEEDS THE AMOUNT AUTHORIZED UNDER PARAGRAPH
 (B) OF THIS SUBDIVISION.
   (H) IF INSURANCE COVERAGE EXISTS UNDER AN APPLICABLE INSURANCE  POLICY
 OF  THE  DRIVER  OF  A  SHARED VEHICLE, SUCH DRIVER MAY REQUIRE THAT THE
 PEER-TO-PEER CAR SHARING PROGRAM SUBMIT  ANY  CLAIMS  TO  SUCH  DRIVER'S
 INSURANCE  CARRIER.  UPON  THE  REQUEST  OF A SHARED VEHICLE DRIVER, THE
 PEER-TO-PEER CAR SHARING PROGRAM SHALL SUBMIT ANY CLAIMS TO  SUCH  DRIV-
 ER'S  INSURANCE CARRIER AND SHALL NOT MAKE ANY WRITTEN OR ORAL REPRESEN-
 TATIONS TO THE CONTRARY, NOR SHALL IT MAKE ANY WRITTEN OR ORAL REPRESEN-
 TATIONS THAT  IT  SHALL  NOT  NEGOTIATE  WITH  SUCH  DRIVER'S  INSURANCE
 CARRIER.
   6. (A) NO PEER-TO-PEER CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
 SECURITY DEPOSIT BY CREDIT CARD, DEBIT CARD OR OTHERWISE, FOR DAMAGES TO
 A SHARED VEHICLE OR REPORT THE DEBT TO ANY CONSUMER REPORTING AGENCY, AS
 DEFINED  IN  SUBDIVISION  (E)  OF SECTION THREE HUNDRED EIGHTY-A OF THIS

 A. 2349--A                         23
 
 CHAPTER, DURING THE TERM OF THE PEER-TO-PEER CAR SHARING PROGRAM  AGREE-
 MENT,  PENDING RESOLUTION OF ANY DISPUTE, OR PRIOR TO OBTAINING JUDGMENT
 IN A COURT OF COMPETENT JURISDICTION.
   (B)  NO PEER-TO-PEER CAR SHARING PROGRAM SHALL REQUIRE A DEPOSIT OR AN
 ADVANCE CHARGE AGAINST THE CREDIT CARD OR DEBIT CARD OF A SHARED VEHICLE
 DRIVER, IN ANY FORM, FOR DAMAGES TO A SHARED VEHICLE  WHICH  IS  IN  THE
 SHARED VEHICLE DRIVER'S POSSESSION OR CONTROL.
   (C)  NO  PEER-TO-PEER  CAR SHARING PROGRAM SHALL COLLECT OR CHARGE ANY
 PAYMENT FROM A SHARED VEHICLE DRIVER FOR DAMAGE TO A SHARED VEHICLE UPON
 RETURN OR RECOVERY OF SUCH VEHICLE IN A DAMAGED CONDITION,  UNTIL  AFTER
 THE  COST OF THE DAMAGE TO SUCH VEHICLE AND LIABILITY THEREFOR IS AGREED
 TO BETWEEN SUCH PEER-TO-PEER CAR SHARING PROGRAM AND  A  SHARED  VEHICLE
 DRIVER  OR HIS OR HER INSURER, OR IS DETERMINED PURSUANT TO LAW OR PEER-
 TO-PEER CAR SHARING PROGRAM AGREEMENT PROVISIONS CONSISTENT WITH LAW AND
 THE RIGHTS AND OBLIGATIONS SET FORTH IN THIS SECTION,  UNLESS  THERE  IS
 PROOF  CORROBORATING THAT THE DAMAGE DID NOT EXIST PRIOR TO THE RESERVA-
 TION  AND  THE  DAMAGE  IS  APPRAISED  BY  AN  INDEPENDENT   THIRD-PARTY
 APPRAISER; PROVIDED, HOWEVER, THAT A PEER-TO-PEER CAR SHARING PROGRAM IS
 NOT PRECLUDED FROM PRESENTING A CLAIM TO A SHARED VEHICLE DRIVER AND HIS
 OR HER INSURER PURSUANT TO OTHER PROVISIONS OF THIS SECTION.
   (D)  CAUSES  OF ACTION CONCERNING THE EXISTENCE OF, LIABILITY FOR, AND
 EXTENT AND COST OF DAMAGE TO SUCH VEHICLE SHALL, WHERE  APPROPRIATE,  BE
 COMMENCED  BY A PEER-TO-PEER CAR SHARING PROGRAM IN A COURT OF COMPETENT
 JURISDICTION, IN ACCORDANCE WITH THE LIMITATIONS AND JURISDICTION OF THE
 APPROPRIATE COURT ACT, PROVIDED THE CLAIMANT HAS FIRST MAILED  A  DEMAND
 LETTER.  A  DEMAND  LETTER  SENT BY THE PEER-TO-PEER CAR SHARING PROGRAM
 PURSUANT TO THIS PARAGRAPH SHALL CONTAIN: (I) THE NAME AND  POST  OFFICE
 ADDRESS  OF  SUCH PEER-TO-PEER CAR SHARING PROGRAM, AND OF ITS ATTORNEY,
 IF ANY; (II) THE NATURE OF SUCH CLAIM; (III) THE TIME  WHEN,  THE  PLACE
 WHERE  AND  THE  MANNER  IN  WHICH SUCH CLAIM AROSE, IF KNOWN, OR IF NOT
 KNOWN, THE TIME WHEN AND PLACE WHERE THE DAMAGE WAS  DISCOVERED  BY  THE
 SHARED  VEHICLE  OWNER OR PEER-TO-PEER CAR SHARING PROGRAM; AND (IV) THE
 ITEMS OF DAMAGE OR INJURIES CLAIMED TO HAVE BEEN SUSTAINED,  ACCOMPANIED
 BY  SUPPORTING  DOCUMENTATION,  SUCH AS REPAIR BILLS, INVOICES AND ESTI-
 MATES IN THE POSSESSION OF OR AVAILABLE TO SUCH PEER-TO-PEER CAR SHARING
 PROGRAM. SUCH DEMAND LETTER SHALL BE SERVED  UPON  SUCH  SHARED  VEHICLE
 DRIVER  AND  HIS  OR HER INSURER IN A MANNER REASONABLY DESIGNED TO GIVE
 ACTUAL NOTICE, VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
 NOTHING CONTAINED HEREIN  SHALL  PROHIBIT  A  PEER-TO-PEER  CAR  SHARING
 PROGRAM  AND A SHARED VEHICLE DRIVER OR HIS OR HER INSURER FROM ENTERING
 INTO AN AGREEMENT AFTER A CLAIM OF LOSS TO SUBMIT THE  MATTER  TO  ARBI-
 TRATION OR MEDIATION.
   7.  NO  PEER-TO-PEER CAR SHARING PROGRAM SHALL HOLD ANY SHARED VEHICLE
 DRIVER LIABLE FOR ANY DAMAGE TO,  OR  LOSS  OF,  A  SHARED  VEHICLE,  AS
 PROVIDED  BY  THIS SECTION, UNLESS SUCH PEER-TO-PEER CAR SHARING PROGRAM
 PROMINENTLY DISCLOSES, IN THE PEER-TO-PEER CAR SHARING AGREEMENT, IN  AT
 LEAST  TWELVE  POINT  BOLD  FACE  DISPLAY, THE NATURE AND EXTENT OF SUCH
 LIABILITY AND SUCH DRIVER'S  RIGHTS  AND  RESPONSIBILITIES  PURSUANT  TO
 PARAGRAPH  (C)  OF  SUBDIVISION ONE OF THIS SECTION AND PARAGRAPH (F) OF
 SUBDIVISION THREE OF THIS SECTION.
   8. A SHARED VEHICLE DRIVER SHALL PROVIDE NOTICE  TO  THE  PEER-TO-PEER
 CAR  SHARING PLATFORM AND APPROPRIATE LAW ENFORCEMENT AGENCY IMMEDIATELY
 UPON LEARNING OF THE THEFT OF A SHARED VEHICLE.
   § 915. GEOGRAPHICAL DISCRIMINATION PROHIBITED. IT  SHALL  BE  UNLAWFUL
 FOR ANY PEER-TO-PEER CAR SHARING PROGRAM TO ENGAGE IN ANY OF THE FOLLOW-
 ING  PRACTICES  SOLELY  ON THE BASIS OF THE GEOGRAPHICAL LOCATION OF THE

 A. 2349--A                         24
 
 RESIDENCE OF A NEW YORK STATE RESIDENT ATTEMPTING TO ENTER INTO A  PEER-
 TO-PEER CAR SHARING AGREEMENT:
   1.  REFUSING  TO  ALLOW PARTICIPATION IN SUCH PEER-TO-PEER CAR SHARING
 PROGRAM PROVIDED, HOWEVER, THAT A  CAR  SHARING  PROGRAM  MAY  DESIGNATE
 GEOGRAPHICAL  BOUNDARIES  WHERE  A CAR SHARING START TIME OR TERMINATION
 TIME OCCURS;
   2. IMPOSING ANY ADDITIONAL CHARGE FOR PEER-TO-PEER CAR  SHARING  OF  A
 SHARED VEHICLE; OR
   3.  IMPOSING  ANY ADDITIONAL TERMS, CONDITIONS OR PRIVILEGES UPON SUCH
 PEER-TO-PEER CAR SHARING OF A SHARED VEHICLE.
   § 916. GLOBAL POSITIONING SYSTEMS. A PEER-TO-PEER CAR SHARING  PROGRAM
 SHALL  NOT USE INFORMATION FROM ANY GLOBAL POSITIONING SYSTEM TECHNOLOGY
 TO DETERMINE OR IMPOSE ANY COSTS,  FEES,  CHARGES,  OR  PENALTIES  ON  A
 SHARED VEHICLE DRIVER FOR SUCH DRIVER'S USE OF A SHARED VEHICLE. THE USE
 OF GLOBAL POSITIONING TECHNOLOGY SHALL NOT LIMIT THE RIGHT OF SUCH PEER-
 TO-PEER CAR SHARING PROGRAM TO IMPOSE COSTS, FEES, CHARGES, OR PENALTIES
 TO  RECOVER A VEHICLE THAT IS LOST, MISPLACED, OR STOLEN. THE PROVISIONS
 OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO MODIFY  OR  SUPERSEDE  ANY
 OTHER PROVISION OF LAW.
   §  917. NOTICE. IN ACCORDANCE WITH ANY APPLICABLE FEDERAL LAW OR RULE,
 EVERY PEER-TO-PEER CAR  SHARING  PROGRAM  SHALL  DISPLAY  THE  FOLLOWING
 NOTICE  PROMINENTLY  AND  IN  A  CLEAR  AND  CONSPICUOUS LOCATION ON ITS
 WEBSITE, WITH LETTERING THAT IS LEGIBLE:   "NOTICE: NEW YORK  STATE  LAW
 PROHIBITS  THE  FOLLOWING PRACTICES BY PEER-TO-PEER CAR SHARING PROGRAMS
 BASED UPON RACE, COLOR, ETHNIC ORIGIN, RELIGION, DISABILITY, SEX,  MARI-
 TAL  STATUS,  RESIDENCE  OR  GEOGRAPHIC  LOCATION, INCOME, SEXUAL ORIEN-
 TATION, GENETIC PREDISPOSITION OR AGE:  (1)  REFUSAL  TO  ALLOW  PARTIC-
 IPATION IN A PEER-TO-PEER CAR SHARING PROGRAM; AND (2) THE IMPOSITION OF
 ANY  ADDITIONAL  CHARGE  (EXCEPT  IN  CERTAIN INSTANCES WHERE THE SHARED
 VEHICLE DRIVER IS UNDER THE AGE OF 25). IN ADDITION, IT IS UNLAWFUL  FOR
 ANY PEER-TO-PEER CAR SHARING PROGRAM TO REFUSE TO ALLOW PARTICIPATION IN
 THE  PROGRAM  TO  ANY PERSON SOLELY ON THE REQUIREMENT OF OWNERSHIP OF A
 CREDIT CARD."
   § 918. ELECTRONIC NOTICE  AUTHORIZED.  1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF THIS ARTICLE, ANY NOTICE OR DISCLOSURE OF GENERAL APPLICA-
 BILITY REQUIRED TO BE PROVIDED, DELIVERED,  POSTED,  OR  OTHERWISE  MADE
 AVAILABLE  BY  A  PEER-TO-PEER  CAR  SHARING  PROGRAM  PURSUANT  TO  ANY
 PROVISION OF THIS ARTICLE SHALL ALSO BE DEEMED  TIMELY  AND  EFFECTIVELY
 MADE  WHERE SUCH NOTICE OR DISCLOSURE IS PROVIDED OR DELIVERED ELECTRON-
 ICALLY TO THE SHARED VEHICLE OWNER AND/OR DRIVER AT OR BEFORE  THE  TIME
 REQUIRED,  PROVIDED  THAT  SUCH  SHARED  VEHICLE OWNER AND/OR DRIVER HAS
 GIVEN HIS OR HER EXPRESS CONSENT TO RECEIVE SUCH NOTICE OR DISCLOSURE IN
 SUCH A MANNER.
   2. ELECTRONIC OR WRITTEN ACCEPTANCE SHALL HEREBY  BE  DEEMED  A  VALID
 FORM  OF  ACCEPTANCE  OF  ANY  SUCH NOTICE OR DISCLOSURE, AND ACCEPTANCE
 SHALL REMAIN EFFECTIVE UNTIL SUCH TIME AS  ACCEPTANCE  IS  AFFIRMATIVELY
 WITHDRAWN  BY  SUCH SHARED VEHICLE DRIVER.  NOTICES AND DISCLOSURES MADE
 ELECTRONICALLY PURSUANT TO THIS SUBDIVISION SHALL  BE  EXEMPT  FROM  ANY
 PLACEMENT  OR  STYLISTIC DISPLAY REQUIREMENTS, INCLUDING BUT NOT LIMITED
 TO  LOCATION,  FONT  SIZE,  TYPESET,  OR   OTHER   SPECIFICALLY   STATED
 DESCRIPTION; PROVIDED SUCH DISCLOSURE IS MADE IN A CLEAR AND CONSPICUOUS
 MANNER.
   § 919. AIRPORT TRANSACTIONS. IF AN AIRPORT OPERATOR, INCLUDING BUT NOT
 LIMITED  TO  THE PUBLIC AUTHORITY RESPONSIBLE FOR REGULATING COMMERCE AT
 SUCH AIRPORT WITHIN THE STATE, REQUESTS THAT A PEER-TO-PEER CAR  SHARING
 PROGRAM  ENTER  INTO  AN AIRPORT CONCESSION AGREEMENT, SUCH PEER-TO-PEER

 A. 2349--A                         25
 
 CAR SHARING PROGRAM SHALL ENTER INTO  A  WRITTEN  AGREEMENT,  WHERE  THE
 PEER-TO-PEER  CAR  SHARING  PROGRAM  OR  SHARED  VEHICLE  OWNER USES THE
 PROGRAM TO:
   1. LIST VEHICLES PARKED ON AIRPORT PROPERTY OR AT AIRPORT FACILITIES;
   2.  CONTRACT FOR TRANSPORTATION TO OR FROM AIRPORT PROPERTY OR AIRPORT
 FACILITIES;
   3. FACILITATE THE USE OF A SHARED VEHICLE TO TRANSPORT AIRPORT PASSEN-
 GERS ON OR OFF AIRPORT PROPERTY; OR
   4. PROMOTE OR MARKET A SHARED VEHICLE TO TRANSPORT AIRPORT  PASSENGERS
 ON OR OFF AIRPORT PROPERTY.
   §  920.  ENFORCEMENT.  1.  EXCEPT WHERE A DIFFERENT PENALTY IS SPECIF-
 ICALLY IMPOSED PURSUANT TO ANY PROVISION OF THIS ARTICLE,  ANY  PEER-TO-
 PEER  CAR  SHARING PROGRAM FOUND BY A COURT OF COMPETENT JURISDICTION TO
 HAVE VIOLATED A PROVISION OF THIS ARTICLE SHALL BE SUBJECT TO A  PENALTY
 OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS
 FOR EACH VIOLATION.
   2.  (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLI-
 CATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE  OF
 THE  STATE OF NEW YORK TO A COURT OF COMPETENT JURISDICTION BY A SPECIAL
 PROCEEDING FOR THE IMPOSITION OF A FINE OR THE ISSUANCE OF AN INJUNCTION
 AGAINST ANY VIOLATION OF THIS SECTION, UPON NOTICE TO SUCH  PEER-TO-PEER
 CAR  SHARING  PROGRAM OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN
 THE CONTINUANCE OF SUCH VIOLATIONS.
   (B) IF THE COURT FINDS THAT THE DEFENDANT HAS, IN FACT, VIOLATED  THIS
 SECTION,  AN  INJUNCTION  MAY  BE  ISSUED  BY  SUCH COURT, ENJOINING AND
 RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
   (C)  IN  ANY  PROCEEDING  AUTHORIZED PURSUANT TO THIS SUBDIVISION, THE
 COURT MAY DIRECT RESTITUTION AND MAKE ALLOWANCES TO THE ATTORNEY GENERAL
 AS PROVIDED IN SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
   (D) IN SUPPORT OF ANY APPLICATION PURSUANT TO  THIS  SUBDIVISION,  THE
 ATTORNEY  GENERAL  IS  AUTHORIZED TO TAKE PROOF, DETERMINE RELEVANT FACT
 AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   3. ANY CLAUSE OR PROVISION OF A  PEER-TO-PEER  CAR  SHARING  AGREEMENT
 INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE SHALL BE DEEMED VOID AS
 AGAINST PUBLIC POLICY.
   §  4.  The  tax law is amended by adding a new article 29-D to read as
 follows:
                               ARTICLE 29-D
                              ASSESSMENT FEES
 SECTION 1299-J. DEFINITIONS.
         1299-K. IMPOSITION OF STATE-WIDE PEER-TO-PEER ASSESSMENT FEE.
         1299-L. IMPOSITION  OF  METROPOLITAN   COMMUTER   TRANSPORTATION
                   DISTRICT ASSESSMENT FEE.
         1299-M. IMPOSITION OF REGIONAL TRANSPORTATION ASSESSMENT FEE.
         1299-N. PRESUMPTION.
         1299-O. RETURNS AND PAYMENT OF PEER-TO-PEER ASSESSMENT FEE.
         1299-P. RECORDS TO BE KEPT.
         1299-Q. SECRECY OF RETURNS AND REPORTS.
         1299-R. PRACTICE AND PROCEDURE.
         1299-S. DEPOSIT AND DISPOSITION OF REVENUE.
   §  1299-J. DEFINITIONS. TERMS USED IN THIS ARTICLE SHALL HAVE THE SAME
 MEANING AS IN SECTION NINE HUNDRED OF THE GENERAL  BUSINESS  LAW  UNLESS
 EXPRESSLY  PROVIDED OTHERWISE. FOR PURPOSES OF THIS ARTICLE, THE FOLLOW-
 ING TERM SHALL HAVE THE FOLLOWING MEANING:

 A. 2349--A                         26
 
   "GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER" MEANS ALL  CONSIDER-
 ATION  PAID  BY  A  SHARED  VEHICLE  DRIVER FOR USE OF A SHARED VEHICLE,
 INCLUDING OPTIONAL CHARGES AND FEES, EXCEPT FOR SEPARATELY STATED CHARG-
 ES FOR TAXES AND GOVERNMENT-IMPOSED  FEES  AND  AIRPORT  FACILITY  FEES,
 WHETHER  IMPOSED  ON  THE SHARED VEHICLE DRIVER OR PASSED THROUGH TO THE
 SHARED VEHICLE DRIVER.
   § 1299-K. IMPOSITION OF STATE-WIDE PEER-TO-PEER ASSESSMENT  FEE.    IN
 ADDITION  TO  ANY  TAX  IMPOSED UNDER ANY OTHER ARTICLE OF THIS CHAPTER,
 THERE IS HEREBY IMPOSED ON EVERY PEER-TO-PEER CAR SHARING PROGRAM A  FEE
 OF  TWO  PERCENT  OF THE GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER
 WHEN THE CAR SHARING PERIOD BEGINS ANYWHERE IN THE STATE AND  TERMINATES
 ANYWHERE IN THE STATE. THE TAX IMPOSED UNDER THIS SECTION SHALL INCREASE
 TO  THREE  PERCENT OF GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER ON
 THE FIRST OF JANUARY, TWO THOUSAND TWENTY-THREE.
   § 1299-L. IMPOSITION OF METROPOLITAN COMMUTER TRANSPORTATION  DISTRICT
 ASSESSMENT  FEE.    IN  ADDITION TO THE FEE IMPOSED UNDER SECTION TWELVE
 HUNDRED NINETY-NINE-K OF THIS ARTICLE AND IN ADDITION TO ANY TAX IMPOSED
 UNDER ANY OTHER ARTICLE OF THIS CHAPTER,  THERE  IS  HEREBY  IMPOSED  ON
 EVERY PEER-TO-PEER CAR SHARING PROGRAM A METROPOLITAN COMMUTER TRANSPOR-
 TATION  DISTRICT  FEE  OF  TWO  PERCENT OF THE GROSS CHARGES PAID BY THE
 SHARED VEHICLE DRIVER WHEN THE CAR SHARING PERIOD BEGINS ANYWHERE IN THE
 STATE AND TERMINATES ANYWHERE IN THE METROPOLITAN  COMMUTER  TRANSPORTA-
 TION  DISTRICT AS ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-TWO OF THE
 PUBLIC AUTHORITIES  LAW.  THE  TAX  IMPOSED  UNDER  THIS  SECTION  SHALL
 INCREASE  TO  THREE  PERCENT OF GROSS CHARGES PAID BY THE SHARED VEHICLE
 DRIVER ON THE FIRST OF JANUARY, TWO THOUSAND TWENTY-THREE.
   § 1299-M. IMPOSITION OF REGIONAL TRANSPORTATION ASSESSMENT  FEE.    IN
 ADDITION  TO  THE FEE IMPOSED UNDER SECTION TWELVE HUNDRED NINETY-NINE-K
 OF THIS ARTICLE AND IN ADDITION TO ANY TAX IMPOSED UNDER ANY OTHER ARTI-
 CLE OF THIS CHAPTER, THERE IS HEREBY IMPOSED ON EVERY  PEER-TO-PEER  CAR
 SHARING  PROGRAM  A  REGIONAL  TRANSPORTATION  FEE OF TWO PERCENT OF THE
 GROSS CHARGES PAID BY THE SHARED VEHICLE DRIVER  WHEN  THE  CAR  SHARING
 PERIOD BEGINS ANYWHERE IN THE STATE AND TERMINATES ANYWHERE IN THE STATE
 OUTSIDE  OF  METROPOLITAN  TRANSPORTATION  DISTRICT  AS  ESTABLISHED  BY
 SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW. THE  TAX
 IMPOSED  UNDER  THIS  SECTION  SHALL  INCREASE TO THREE PERCENT OF GROSS
 CHARGES PAID BY THE SHARED VEHICLE DRIVER ON THE FIRST OF  JANUARY,  TWO
 THOUSAND TWENTY-THREE.
   § 1299-N. PRESUMPTION. FOR THE PURPOSE OF THE PROPER ADMINISTRATION OF
 THIS  ARTICLE  AND TO PREVENT EVASION OF THE PEER-TO-PEER ASSESSMENT FEE
 IMPOSED BY THIS ARTICLE, IT SHALL BE PRESUMED  THAT  EVERY  PEER-TO-PEER
 CAR  SHARING PROGRAM THAT BEGINS ANYWHERE IN THE STATE IS SUBJECT TO THE
 FEES UNDER THIS  ARTICLE.  THIS  PRESUMPTION  SHALL  PREVAIL  UNTIL  THE
 CONTRARY IS PROVEN BY THE PERSON LIABLE FOR THE FEE.
   §  1299-O.  RETURNS  AND  PAYMENT OF PEER-TO-PEER ASSESSMENT FEE.  (A)
 EVERY PERSON LIABLE FOR THE PEER-TO-PEER ASSESSMENT FEE IMPOSED BY  THIS
 ARTICLE  SHALL  FILE  A  RETURN  ON  A CALENDAR-QUARTERLY BASIS WITH THE
 COMMISSIONER. EACH RETURN SHALL SHOW THE  NUMBER  OF  TRIPS,  THE  TOTAL
 GROSS  CHARGES  FOR  EACH TRIP AND THE AMOUNT OF FEES DUE THEREON IN THE
 QUARTER FOR WHICH THE RETURN IS FILED, TOGETHER WITH SUCH OTHER INFORMA-
 TION AS THE COMMISSIONER MAY  REQUIRE.  THE  RETURNS  REQUIRED  BY  THIS
 SECTION SHALL BE FILED WITHIN THIRTY DAYS AFTER THE END OF THE QUARTERLY
 PERIOD  COVERED THEREBY. IF THE COMMISSIONER DEEMS IT NECESSARY IN ORDER
 TO ENSURE THE PAYMENT OF THE PEER-TO-PEER ASSESSMENT FEE IMPOSED BY THIS
 ARTICLE, THE COMMISSIONER MAY REQUIRE RETURNS TO  BE  MADE  FOR  SHORTER
 PERIODS THAN PRESCRIBED BY THE FOREGOING PROVISIONS OF THIS SECTION, AND

 A. 2349--A                         27
 
 UPON  SUCH  DATES  AS  THE COMMISSIONER MAY SPECIFY. THE FORM OF RETURNS
 SHALL BE PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN SUCH  INFORMA-
 TION  AS  THE  COMMISSIONER  MAY  DEEM NECESSARY FOR THE PROPER ADMINIS-
 TRATION OF THIS ARTICLE. THE COMMISSIONER MAY REQUIRE AMENDED RETURNS TO
 BE  FILED WITHIN THIRTY DAYS AFTER NOTICE AND TO CONTAIN THE INFORMATION
 SPECIFIED IN THE NOTICE. THE COMMISSIONER MAY REQUIRE THAT  THE  RETURNS
 BE FILED ELECTRONICALLY.
   (B)  EVERY  PERSON LIABLE FOR THE PEER-TO-PEER ASSESSMENT FEE REQUIRED
 TO FILE A RETURN UNDER THIS ARTICLE SHALL, AT THE TIME  OF  FILING  SUCH
 RETURN, PAY TO THE COMMISSIONER THE TOTAL OF ALL PEER-TO-PEER ASSESSMENT
 FEES ON THE CORRECT NUMBER OF TRIPS SUBJECT TO SUCH FEE UNDER THIS ARTI-
 CLE.  THE AMOUNT SO PAYABLE TO THE COMMISSIONER FOR THE PERIOD FOR WHICH
 A RETURN IS REQUIRED TO BE FILED SHALL BE DUE AND PAYABLE TO THE COMMIS-
 SIONER ON THE DATE SPECIFIED FOR THE FILING OF THE RETURN FOR SUCH PERI-
 OD, WITHOUT REGARD TO WHETHER A RETURN IS FILED OR  WHETHER  THE  RETURN
 THAT  IS  FILED  CORRECTLY SHOWS THE CORRECT NUMBER OF TRIPS, GROSS TRIP
 CHARGES OR AMOUNT OF FEES DUE THEREON.   THE  COMMISSIONER  MAY  REQUIRE
 THAT THE FEE BE PAID ELECTRONICALLY.
   § 1299-P. RECORDS TO BE KEPT. EVERY PERSON LIABLE FOR THE PEER-TO-PEER
 ASSESSMENT FEES IMPOSED BY THIS ARTICLE SHALL KEEP:
   (A)  RECORDS OF EVERY PEER-TO-PEER CAR SHARING PROGRAM TRIP SUBJECT TO
 THE FEES UNDER THIS ARTICLE, AND OF ALL AMOUNTS  PAID,  CHARGED  OR  DUE
 THEREON, IN SUCH FORM AS THE COMMISSIONER MAY REQUIRE;
   (B)  TRUE  AND  COMPLETE  COPIES,  INCLUDING ELECTRONIC COPIES, OF ANY
 RECORDS REQUIRED TO BE KEPT BY A STATE  AGENCY  THAT  IS  AUTHORIZED  TO
 PERMIT OR REGULATE A PEER-TO-PEER CAR SHARING PROGRAM; AND
   (C) SUCH OTHER RECORDS AND INFORMATION AS THE COMMISSIONER MAY REQUIRE
 TO PERFORM HIS OR HER DUTIES UNDER THIS ARTICLE.
   §  1299-Q.  SECRECY  OF  RETURNS AND REPORTS. (A) EXCEPT IN ACCORDANCE
 WITH PROPER JUDICIAL ORDER OR AS OTHERWISE PROVIDED BY LAW, IT SHALL  BE
 UNLAWFUL  FOR  THE  COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
 MENT, ANY PERSON ENGAGED OR RETAINED BY THE DEPARTMENT ON AN INDEPENDENT
 CONTRACT BASIS, OR ANY PERSON WHO IN ANY MANNER MAY ACQUIRE KNOWLEDGE OF
 THE CONTENTS OF A RETURN OR REPORT FILED WITH THE COMMISSIONER  PURSUANT
 TO  THIS ARTICLE, TO DIVULGE OR MAKE KNOWN IN ANY MANNER ANY PARTICULARS
 SET FORTH OR DISCLOSED IN ANY SUCH  RETURN  OR  REPORT.    THE  OFFICERS
 CHARGED  WITH  THE  CUSTODY  OF  SUCH  RETURNS  AND REPORTS SHALL NOT BE
 REQUIRED TO PRODUCE ANY OF THEM OR EVIDENCE  OF  ANYTHING  CONTAINED  IN
 THEM  IN  ANY ACTION OR PROCEEDING IN ANY COURT, EXCEPT ON BEHALF OF THE
 COMMISSIONER IN AN ACTION OR PROCEEDING UNDER  THE  PROVISIONS  OF  THIS
 CHAPTER OR IN ANY OTHER ACTION OR PROCEEDING INVOLVING THE COLLECTION OF
 A  PEER-TO-PEER ASSESSMENT FEE DUE UNDER THIS ARTICLE TO WHICH THE STATE
 OR THE COMMISSIONER IS A PARTY OR A CLAIMANT, OR ON BEHALF OF ANY  PARTY
 TO  ANY ACTION, PROCEEDING OR HEARING UNDER THE PROVISIONS OF THIS ARTI-
 CLE WHEN THE RETURNS,  REPORTS  OR  FACTS  SHOWN  THEREBY  ARE  DIRECTLY
 INVOLVED  IN  SUCH ACTION, PROCEEDING OR HEARING, IN ANY OF WHICH EVENTS
 THE COURT, OR IN THE CASE OF A HEARING, THE DIVISION OF TAX APPEALS  MAY
 REQUIRE  THE PRODUCTION OF, AND MAY ADMIT INTO EVIDENCE, SO MUCH OF SAID
 RETURNS, REPORTS OR OF THE FACTS SHOWN THEREBY, AS ARE PERTINENT TO  THE
 ACTION, PROCEEDING OR HEARING AND NO MORE. THE COMMISSIONER OR THE DIVI-
 SION  OF  TAX  APPEALS MAY, NEVERTHELESS, PUBLISH A COPY OR A SUMMARY OF
 ANY DECISION RENDERED AFTER A HEARING REQUIRED BY THIS ARTICLE.  NOTHING
 IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE DELIVERY TO A  PERSON
 WHO  HAS  FILED  A  RETURN OR REPORT OR TO SUCH PERSON'S DULY AUTHORIZED
 REPRESENTATIVE OF A CERTIFIED COPY OF ANY  RETURN  OR  REPORT  FILED  IN
 CONNECTION WITH SUCH PERSON'S ASSESSMENT FEE. NOR SHALL ANYTHING IN THIS

 A. 2349--A                         28
 
 SECTION  BE CONSTRUED TO PROHIBIT THE PUBLICATION OF STATISTICS SO CLAS-
 SIFIED AS TO PREVENT THE IDENTIFICATION OF PARTICULAR RETURNS OR REPORTS
 AND THE ITEMS THEREOF, INCLUDING WITHOUT LIMITATION THE  FINANCIAL  PLAN
 PUBLISHED  IN  ACCORDANCE  WITH  ARTICLE VII OF THE CONSTITUTION, OR THE
 INSPECTION BY THE ATTORNEY GENERAL OR OTHER LEGAL REPRESENTATIVES OF THE
 STATE OF THE RETURN OR REPORT OF ANY PERSON REQUIRED TO PAY THE PEER-TO-
 PEER ASSESSMENT FEE WHO SHALL BRING ACTION TO  REVIEW  THE  PEER-TO-PEER
 ASSESSMENT  FEE  BASED  THEREON, OR AGAINST WHOM AN ACTION OR PROCEEDING
 UNDER THIS CHAPTER HAS BEEN  RECOMMENDED  BY  THE  COMMISSIONER  OR  THE
 ATTORNEY  GENERAL  OR  HAS  BEEN  INSTITUTED,  OR  THE INSPECTION OF THE
 RETURNS OR REPORTS REQUIRED UNDER THIS ARTICLE  BY  THE  COMPTROLLER  OR
 DULY DESIGNATED OFFICER OR EMPLOYEE OF THE STATE DEPARTMENT OF AUDIT AND
 CONTROL,  FOR  PURPOSES  OF  THE  AUDIT  OF A REFUND OF ANY PEER-TO-PEER
 ASSESSMENT FEE PAID BY A PERSON REQUIRED TO PAY THE PEER-TO-PEER ASSESS-
 MENT FEES UNDER THIS ARTICLE. PROVIDED, FURTHER, NOTHING IN THIS SECTION
 SHALL BE CONSTRUED TO PROHIBIT THE DISCLOSURE, IN  SUCH  MANNER  AS  THE
 COMMISSIONER DEEMS APPROPRIATE, OF THE NAMES AND OTHER APPROPRIATE IDEN-
 TIFYING  INFORMATION  OF  THOSE  PERSONS  REQUIRED  TO  PAY PEER-TO-PEER
 ASSESSMENT FEES UNDER THIS ARTICLE.
   (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 THE COMMISSIONER, IN HIS OR HER DISCRETION, MAY REQUIRE OR PERMIT ANY OR
 ALL PERSONS LIABLE FOR ANY PEER-TO-PEER ASSESSMENT FEES IMPOSED BY  THIS
 ARTICLE,  TO  MAKE  PAYMENT  TO BANKS, BANKING HOUSES OR TRUST COMPANIES
 DESIGNATED BY THE COMMISSIONER AND TO  FILE  RETURNS  WITH  SUCH  BANKS,
 BANKING HOUSES OR TRUST COMPANIES AS AGENTS OF THE COMMISSIONER, IN LIEU
 OF  PAYING ANY SUCH PEER-TO-PEER ASSESSMENT FEES DIRECTLY TO THE COMMIS-
 SIONER. HOWEVER, THE COMMISSIONER SHALL DESIGNATE ONLY SUCH BANKS, BANK-
 ING HOUSES OR TRUST COMPANIES AS ARE ALREADY  DESIGNATED  BY  THE  COMP-
 TROLLER  AS DEPOSITORIES PURSUANT TO SECTION TWELVE HUNDRED EIGHTY-EIGHT
 OF THIS CHAPTER.
   (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 THE COMMISSIONER MAY PERMIT THE SECRETARY OF THE TREASURY OF THE  UNITED
 STATES OR SUCH SECRETARY'S DELEGATE, OR THE AUTHORIZED REPRESENTATIVE OF
 EITHER  SUCH OFFICER, TO INSPECT ANY RETURN FILED UNDER THIS ARTICLE, OR
 MAY FURNISH TO SUCH OFFICER OR SUCH OFFICER'S AUTHORIZED  REPRESENTATIVE
 AN  ABSTRACT  OF  ANY SUCH RETURN OR SUPPLY SUCH PERSON WITH INFORMATION
 CONCERNING AN ITEM CONTAINED IN ANY SUCH RETURN,  OR  DISCLOSED  BY  ANY
 INVESTIGATION OF LIABILITY UNDER THIS ARTICLE, BUT SUCH PERMISSION SHALL
 BE  GRANTED OR SUCH INFORMATION FURNISHED ONLY IF THE LAWS OF THE UNITED
 STATES GRANT SUBSTANTIALLY SIMILAR PRIVILEGES  TO  THE  COMMISSIONER  OR
 OFFICER  OF  THIS  STATE CHARGED WITH THE ADMINISTRATION OF THE PEER-TO-
 PEER ASSESSMENT FEES IMPOSED BY THIS ARTICLE, AND ONLY IF SUCH  INFORMA-
 TION IS TO BE USED FOR PURPOSES OF TAX ADMINISTRATION ONLY; AND PROVIDED
 FURTHER  THE  COMMISSIONER  MAY  FURNISH TO THE COMMISSIONER OF INTERNAL
 REVENUE OR SUCH COMMISSIONER'S AUTHORIZED  REPRESENTATIVE  SUCH  RETURNS
 FILED UNDER THIS ARTICLE AND OTHER TAX INFORMATION, AS SUCH COMMISSIONER
 MAY  CONSIDER  PROPER, FOR USE IN COURT ACTIONS OR PROCEEDINGS UNDER THE
 INTERNAL REVENUE CODE,  WHETHER  CIVIL  OR  CRIMINAL,  WHERE  A  WRITTEN
 REQUEST  THEREFOR  HAS BEEN MADE TO THE COMMISSIONER BY THE SECRETARY OF
 THE TREASURY OF THE UNITED STATES OR SUCH SECRETARY'S DELEGATE, PROVIDED
 THE LAWS OF THE UNITED STATES GRANT SUBSTANTIALLY SIMILAR POWERS TO  THE
 SECRETARY  OF  THE TREASURY OF THE UNITED STATES OR HIS OR HER DELEGATE.
 WHERE THE COMMISSIONER HAS SO AUTHORIZED USE OF RETURNS AND OTHER INFOR-
 MATION IN SUCH ACTIONS OR PROCEEDINGS, OFFICERS  AND  EMPLOYEES  OF  THE
 DEPARTMENT MAY TESTIFY IN SUCH ACTIONS OR PROCEEDINGS IN RESPECT TO SUCH
 RETURNS OR OTHER INFORMATION.

 A. 2349--A                         29
 
   (D)  RETURNS  AND  REPORTS FILED UNDER THIS ARTICLE SHALL BE PRESERVED
 FOR THREE YEARS AND THEREAFTER UNTIL THE COMMISSIONER ORDERS THEM TO  BE
 DESTROYED.
   (E)  CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE THIRTY-SEVEN
 OF THIS CHAPTER.
   § 1299-R. PRACTICE AND PROCEDURE. THE PROVISIONS  OF  ARTICLE  TWENTY-
 SEVEN OF THIS CHAPTER SHALL APPLY WITH RESPECT TO THE ADMINISTRATION AND
 PROCEDURE  WITH  RESPECT TO THE FEES IMPOSED BY THIS ARTICLE IN THE SAME
 MANNER AND IN THE SAME FORCE AND EFFECT  AS  IF  THE  LANGUAGE  OF  SUCH
 SECTIONS  OF  ARTICLE TWENTY-SEVEN OF THIS CHAPTER HAD BEEN INCORPORATED
 IN FULL INTO THIS ARTICLE AND HAD EXPRESSLY REFERRED TO THE FEES IMPOSED
 UNDER THIS ARTICLE, EXCEPT TO THE EXTENT  THAT  ANY  SUCH  PROVISION  IS
 EITHER  INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR IS NOT RELEVANT
 TO THIS ARTICLE.  THE FEES IMPOSED UNDER THIS ARTICLE ARE IN LIEU OF AND
 REPLACE ANY TAX AS MAY BE IMPOSED UNDER SECTIONS ELEVEN  HUNDRED  SIXTY,
 ELEVEN HUNDRED SIXTY-SIX-A, AND ELEVEN HUNDRED SIXTY-SIX-B OF THIS CHAP-
 TER.
   §  1299-S.  DEPOSIT  AND  DISPOSITION OF REVENUE. (A) ALL TAXES, FEES,
 INTEREST AND PENALTIES COLLECTED OR RECEIVED BY THE  COMMISSIONER  UNDER
 SECTION  TWELVE HUNDRED NINETY-NINE-K OF THIS ARTICLE SHALL BE DEPOSITED
 AND DISPOSED OF PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED SEVEN-
 TY-ONE-A OF THIS CHAPTER.
   (B) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR  RECEIVED  BY
 THE  COMMISSIONER  UNDER  SECTION  TWELVE  HUNDRED NINETY-NINE-L OF THIS
 ARTICLE SHALL BE DEPOSITED AND DISPOSED INTO THE  CORPORATE  TRANSPORTA-
 TION  ACCOUNT  OF  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  SPECIAL
 ASSISTANCE FUND ESTABLISHED BY SECTION TWELVE HUNDRED SEVENTY-A  OF  THE
 PUBLIC  AUTHORITIES  LAW,  TO BE APPLIED AS PROVIDED IN PARAGRAPH (E) OF
 SUBDIVISION FOUR OF SUCH SECTION.
   (C) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR  RECEIVED  BY
 THE  COMMISSIONER  UNDER  SECTION  TWELVE  HUNDRED NINETY-NINE-M OF THIS
 ARTICLE SHALL BE DEPOSITED AND DISPOSED INTO THE  PUBLIC  TRANSPORTATION
 SYSTEMS  OPERATING  ASSISTANCE  ACCOUNT  ESTABLISHED  BY SECTION EIGHTY-
 EIGHT-A OF THE STATE FINANCE LAW.
   § 5. Subdivision 1 of section 171-a of the  tax  law,  as  amended  by
 section  5  of  part  C of chapter 59 of the laws of 2021, is amended to
 read as follows:
   1. All taxes, interest, penalties and fees collected  or  received  by
 the commissioner or the commissioner's duly authorized agent under arti-
 cles nine (except section one hundred eighty-two-a thereof and except as
 otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
 twelve-A (except as otherwise provided in section  two  hundred  eighty-
 four-d  thereof),  thirteen, thirteen-A (except as otherwise provided in
 section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
 (except  as otherwise provided in section four hundred eighty-two there-
 of), twenty-B, twenty-C, twenty-D, twenty-one, twenty-two,  twenty-four,
 twenty-four-A, twenty-six, twenty-eight (except as otherwise provided in
 section   eleven   hundred   two   or  eleven  hundred  three  thereof),
 twenty-eight-A,  twenty-nine-B,  TWENTY-NINE-D  (EXCEPT   AS   OTHERWISE
 PROVIDED  IN  SECTIONS  TWELVE  HUNDRED NINETY-NINE-L AND TWELVE HUNDRED
 NINETY-NINE-M), thirty-one (except  as  otherwise  provided  in  section
 fourteen hundred twenty-one thereof), thirty-three and thirty-three-A of
 this chapter shall be deposited daily in one account with such responsi-
 ble banks, banking houses or trust companies as may be designated by the
 comptroller,  to  the  credit of the comptroller. Such an account may be
 established in one or more of such depositories. Such deposits shall  be

 A. 2349--A                         30
 
 kept  separate  and  apart from all other money in the possession of the
 comptroller. The comptroller shall require adequate  security  from  all
 such depositories. Of the total revenue collected or received under such
 articles  of  this  chapter,  the  comptroller shall retain in the comp-
 troller's hands such amount as the  commissioner  may  determine  to  be
 necessary  for  refunds  or  reimbursements  under such articles of this
 chapter out of which amount the comptroller shall  pay  any  refunds  or
 reimbursements to which taxpayers shall be entitled under the provisions
 of  such  articles of this chapter. The commissioner and the comptroller
 shall maintain a system  of  accounts  showing  the  amount  of  revenue
 collected  or  received from each of the taxes imposed by such articles.
 The comptroller, after reserving the  amount  to  pay  such  refunds  or
 reimbursements,  shall,  on  or  before the tenth day of each month, pay
 into the state treasury to the credit of the general  fund  all  revenue
 deposited  under  this  section  during the preceding calendar month and
 remaining to the comptroller's credit on the last day of such  preceding
 month, (i) except that the comptroller shall pay to the state department
 of social services that amount of overpayments of tax imposed by article
 twenty-two  of  this  chapter  and  the interest on such amount which is
 certified to the comptroller by the commissioner as  the  amount  to  be
 credited against past-due support pursuant to subdivision six of section
 one  hundred  seventy-one-c  of  this  article, (ii) and except that the
 comptroller shall pay to the New York state  higher  education  services
 corporation  and the state university of New York or the city university
 of New York respectively that amount of overpayments of tax  imposed  by
 article twenty-two of this chapter and the interest on such amount which
 is  certified to the comptroller by the commissioner as the amount to be
 credited against the amount  of  defaults  in  repayment  of  guaranteed
 student loans and state university loans or city university loans pursu-
 ant  to subdivision five of section one hundred seventy-one-d and subdi-
 vision six of section one hundred seventy-one-e of this  article,  (iii)
 and  except further that, notwithstanding any law, the comptroller shall
 credit  to  the  revenue  arrearage   account,   pursuant   to   section
 ninety-one-a of the state finance law, that amount of overpayment of tax
 imposed  by article nine, nine-A, twenty-two, thirty, thirty-A, thirty-B
 or thirty-three of this chapter, and  any  interest  thereon,  which  is
 certified  to  the  comptroller  by the commissioner as the amount to be
 credited against a past-due legally enforceable debt  owed  to  a  state
 agency  pursuant  to  paragraph  (a)  of  subdivision six of section one
 hundred seventy-one-f of this article, provided, however, he shall cred-
 it to the special offset fiduciary account, pursuant to section  ninety-
 one-c  of the state finance law, any such amount creditable as a liabil-
 ity as set forth in paragraph (b) of  subdivision  six  of  section  one
 hundred  seventy-one-f of this article, (iv) and except further that the
 comptroller shall pay to the city of New York that amount of overpayment
 of tax imposed by article nine, nine-A,  twenty-two,  thirty,  thirty-A,
 thirty-B  or  thirty-three of this chapter and any interest thereon that
 is certified to the comptroller by the commissioner as the amount to  be
 credited  against city of New York tax warrant judgment debt pursuant to
 section one hundred  seventy-one-l  of  this  article,  (v)  and  except
 further  that  the  comptroller shall pay to a non-obligated spouse that
 amount of overpayment of tax imposed by article twenty-two of this chap-
 ter and the interest on such amount which has been credited pursuant  to
 section  one  hundred  seventy-one-c,  one  hundred  seventy-one-d,  one
 hundred seventy-one-e, one hundred seventy-one-f or one  hundred  seven-
 ty-one-l  of  this  article and which is certified to the comptroller by

 A. 2349--A                         31
 
 the commissioner as the amount due such non-obligated spouse pursuant to
 paragraph six of subsection (b) of section six hundred fifty-one of this
 chapter; and (vi) the comptroller shall deduct a like amount  which  the
 comptroller  shall  pay  into  the treasury to the credit of the general
 fund from amounts subsequently  payable  to  the  department  of  social
 services,  the  state university of New York, the city university of New
 York, or the higher  education  services  corporation,  or  the  revenue
 arrearage  account  or  special  offset  fiduciary  account  pursuant to
 section ninety-one-a or ninety-one-c of the state finance  law,  as  the
 case  may be, whichever had been credited the amount originally withheld
 from such overpayment, and (vii)  with  respect  to  amounts  originally
 withheld  from such overpayment pursuant to section one hundred seventy-
 one-l of this article and paid to the city of New York, the  comptroller
 shall collect a like amount from the city of New York.
   § 6. Paragraph 1 of subdivision (e) of section 1101 of the tax law, as
 amended  by  section  2  of part J of chapter 39 of the laws of 2019, is
 amended to read as follows:
   (1) Marketplace provider. A person who, pursuant to an agreement  with
 a marketplace seller, facilitates sales of tangible personal property by
 such  marketplace  seller  or  sellers.  A person "facilitates a sale of
 tangible personal property" for purposes  of  this  paragraph  when  the
 person  meets both of the following conditions: (A) such person provides
 the forum in which, or by means of which, the sale takes  place  or  the
 offer  of sale is accepted, including a shop, store, or booth, an inter-
 net website, catalog, or similar forum; and (B) such person or an affil-
 iate of such person collects the  receipts  paid  by  a  customer  to  a
 marketplace  seller  for  a  sale  of  tangible  personal  property,  or
 contracts with a third party to collect such receipts. For  purposes  of
 this paragraph, a "sale of tangible personal property" shall not include
 the  rental  of  a  passenger car as described in section eleven hundred
 sixty of this chapter but shall include a lease described in subdivision
 (i) of section eleven hundred eleven of this  article  AND  PEER-TO-PEER
 CAR SHARING AS DESCRIBED IN SECTION NINE HUNDRED OF THE GENERAL BUSINESS
 LAW.  For  purposes  of  this  paragraph,  persons are affiliated if one
 person has an ownership interest of  more  than  five  percent,  whether
 direct  or  indirect, in another, or where an ownership interest of more
 than five percent, whether direct or indirect, is held in each  of  such
 persons by another person or by a group of other persons that are affil-
 iated  persons  with  respect to each other. Notwithstanding anything in
 this paragraph, a person who is not  otherwise  registered  pursuant  to
 section  eleven hundred [thirty four] THIRTY-FOUR of this article is not
 a marketplace provider if such person has no physical  presence  in  New
 York and, for the immediately preceding four quarterly periods ending on
 the  last  day  of February, May, August and November, can show that the
 cumulative total gross receipts of sales it has made or  facilitated  of
 property  delivered  in this state does not exceed five hundred thousand
 dollars or that such person has not made or facilitated  more  than  one
 hundred  sales of property delivered in this state. However, such person
 may elect to register as a marketplace provider, and,  once  registered,
 will be subject to the provisions of this article.
   §  7.  Section 1160 of the tax law is amended by adding a new subdivi-
 sion (c) to read as follows:
   (C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  A  PEER-TO-PEER
 CAR  SHARING  PROGRAM  AS DEFINED IN SECTION NINE HUNDRED OF THE GENERAL
 BUSINESS LAW AND WHICH IS SUBJECT TO THE ASSESSMENT FEES  SET  FORTH  IN
 ARTICLE TWENTY-NINE-D OF THIS CHAPTER.

 A. 2349--A                         32
 
   § 8. Section 1166-a of the tax law is amended by adding a new subdivi-
 sion (c) to read as follows:
   (C)  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A PEER-TO-PEER
 CAR SHARING PROGRAM AS DEFINED IN SECTION NINE HUNDRED  OF  THE  GENERAL
 BUSINESS  LAW  AND  WHICH IS SUBJECT TO THE ASSESSMENT FEES SET FORTH IN
 ARTICLE TWENTY-NINE-D OF THIS CHAPTER.
   § 9. Section 1166-b of the tax law is amended by adding a new subdivi-
 sion (c) to read as follows:
   (C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  A  PEER-TO-PEER
 CAR  SHARING  PROGRAM  AS DEFINED IN SECTION NINE HUNDRED OF THE GENERAL
 BUSINESS LAW AND WHICH IS SUBJECT TO THE ASSESSMENT FEES  SET  FORTH  IN
 ARTICLE TWENTY-NINE-D OF THIS CHAPTER.
   §  10. Paragraph a of subdivision 1, paragraph a of subdivision 2, and
 subdivision 3 of section 600 of the vehicle and traffic law, paragraph a
 of subdivision 1 and paragraph a of subdivision 2 as amended and  subdi-
 vision  3 as added by section 4 of part AAA of chapter 59 of the laws of
 2017, are amended to read as follows:
   a. Any person operating a motor vehicle who, knowing or  having  cause
 to  know  that  damage  has  been  caused to the real property or to the
 personal property, not including animals, of another, due to an incident
 involving the motor vehicle operated by such person shall, before  leav-
 ing  the  place  where  the  damage  occurred,  stop, exhibit his or her
 license and insurance identification card for such  vehicle,  when  such
 card is required pursuant to articles six and eight of this chapter, and
 give  his or her name, residence, including street and number, insurance
 carrier and  insurance  identification  information  including  but  not
 limited to the number and effective dates of said individual's insurance
 policy,  and  license  number  to the party sustaining the damage, or in
 case the person sustaining the damage is not present at the place  where
 the  damage  occurred  then  he  or she shall report the same as soon as
 physically able to the nearest police station, or judicial  officer.  In
 addition  to the foregoing, any such person shall also:  (i) (A) produce
 the  proof  of  insurance  coverage   required   pursuant   to   article
 forty-four-B  of this chapter if such person is a TNC driver operating a
 TNC vehicle while the incident occurred who was [(A)] (1) logged  on  to
 the  TNC's  digital network but not engaged in a TNC prearranged trip or
 [(B)] (2)   was engaged in  a  TNC  prearranged  trip;  and  [(ii)]  (B)
 disclose  whether  he  or  she,  at the time such incident occurred, was
 [(A)] (1) logged on to the TNC's digital network but not  engaged  in  a
 TNC prearranged trip or [(B)] (2) was engaged in a TNC prearranged trip,
 OR (II) (A) PRODUCE THE PROOF OF INSURANCE COVERAGE REQUIRED PURSUANT TO
 ARTICLE  FORTY  OF  THE  GENERAL BUSINESS LAW IF SUCH PERSON IS A SHARED
 VEHICLE OWNER OR SHARED VEHICLE DRIVER OPERATING A SHARED VEHICLE DURING
 A PEER-TO-PEER CAR SHARING PERIOD WHILE THE INCIDENT OCCURRED;  AND  (B)
 DISCLOSE  WHETHER  HE  OR  SHE,  AT THE TIME SUCH INCIDENT OCCURRED, WAS
 OPERATING A SHARED VEHICLE DURING A PEER-TO-PEER CAR SHARING PERIOD.
   a. Any person operating a motor vehicle who, knowing or  having  cause
 to  know  that personal injury has been caused to another person, due to
 an incident involving the motor vehicle operated by such  person  shall,
 before  leaving the place where the said personal injury occurred, stop,
 exhibit his or her license and insurance identification  card  for  such
 vehicle,  when  such card is required pursuant to articles six and eight
 of this chapter, and give his or her name, residence,  including  street
 and street number, insurance carrier and insurance identification infor-
 mation  including  but  not limited to the number and effective dates of
 said individual's insurance policy and license number,  to  the  injured

 A. 2349--A                         33
 
 party,  if practical, and also to a police officer, or in the event that
 no police officer is in the vicinity of the place of said injury,  then,
 he  or  she shall report said incident as soon as physically able to the
 nearest  police  station or judicial officer. In addition to the forego-
 ing, any such person shall also: (i) (A) produce the proof of  insurance
 coverage  required  pursuant  to article forty-four-B of this chapter if
 such person is a TNC driver operating a TNC vehicle at the time  of  the
 incident  who  was  [(A)] (1) logged on to the TNC's digital network but
 not engaged in a TNC prearranged trip or [(B)] (2) was engaged in a  TNC
 prearranged trip; and [(ii)] (B) disclose whether he or she, at the time
 such  incident  occurred,  was  [(A)] (1) logged on to the TNC's digital
 network but not engaged in a TNC  prearranged  trip  or  [(B)]  (2)  was
 engaged  in  a  TNC  prearranged  trip, OR (II) (A) PRODUCE THE PROOF OF
 INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE  FORTY  OF  THE  GENERAL
 BUSINESS  LAW IF SUCH PERSON IS A SHARED VEHICLE OWNER OR SHARED VEHICLE
 DRIVER OPERATING A SHARED VEHICLE  DURING  A  PEER-TO-PEER  CAR  SHARING
 PERIOD  WHILE THE INCIDENT OCCURRED; AND (B) DISCLOSE WHETHER HE OR SHE,
 AT THE TIME SUCH INCIDENT  OCCURRED,  WAS  OPERATING  A  SHARED  VEHICLE
 DURING A PEER-TO-PEER CAR SHARING PERIOD.
   3.  For  the  purposes of this article, the terms "TNC", "TNC driver",
 "TNC vehicle", "TNC prearranged trip" and "digital network"  shall  have
 the  same  meanings as such terms are defined in article forty-four-B of
 this chapter AND THE TERMS "SHARED VEHICLE OWNER", "SHARED VEHICLE DRIV-
 ER", "SHARED VEHICLE" AND "PEER-TO-PEER CAR SHARING PERIOD"  SHALL  HAVE
 THE  SAME  MEANINGS  AS  SUCH  TERMS ARE DEFINED IN ARTICLE FORTY OF THE
 GENERAL BUSINESS LAW.
   § 11. Section 601 of the  vehicle  and  traffic  law,  as  amended  by
 section  5  of part AAA of chapter 59 of the laws of 2017, is amended to
 read as follows:
   § 601. Leaving scene of injury to certain animals  without  reporting.
 Any  person  operating a motor vehicle which shall strike and injure any
 horse, dog, cat or animal classified as cattle shall stop  and  endeavor
 to  locate  the  owner or custodian of such animal or a police, peace or
 judicial officer of the vicinity, and  take  any  other  reasonable  and
 appropriate  action so that the animal may have necessary attention, and
 shall also promptly report the matter to such owner, custodian or  offi-
 cer  (or if no one of such has been located, then to a police officer of
 some other nearby community), exhibiting his or her license  and  insur-
 ance  identification  card  for such vehicle, when such card is required
 pursuant to articles six and eight of this chapter, giving  his  or  her
 name and residence, including street and street number, insurance carri-
 er and insurance identification information and license number. In addi-
 tion  to the foregoing, any such person shall also:  (i) (A) produce the
 proof of insurance coverage required pursuant to article forty-four-B of
 this chapter if such person is a TNC driver operating a TNC  vehicle  at
 the  time  of  the  incident  who  was  [(A)] (1) logged on to the TNC's
 digital network but not engaged in a TNC prearranged trip or  [(B)]  (2)
 was  engaged  in a TNC prearranged trip; and [(ii)] (B) disclose whether
 he or she, at the time such incident occurred, was [(A)] (1)  logged  on
 to  the  TNC's digital network but not engaged in a TNC prearranged trip
 or [(B)] (2) was engaged in a TNC prearranged trip, OR (II) (A)  PRODUCE
 THE  PROOF  OF  INSURANCE COVERAGE REQUIRED PURSUANT TO ARTICLE FORTY OF
 THE GENERAL BUSINESS LAW IF SUCH PERSON IS A  SHARED  VEHICLE  OWNER  OR
 SHARED  VEHICLE  DRIVER OPERATING A SHARED VEHICLE DURING A PEER-TO-PEER
 CAR SHARING PERIOD WHILE THE INCIDENT OCCURRED; AND (B) DISCLOSE WHETHER
 HE OR SHE, AT THE TIME SUCH INCIDENT OCCURRED, WAS  OPERATING  A  SHARED

 A. 2349--A                         34
 
 VEHICLE  DURING  A  PEER-TO-PEER CAR SHARING PERIOD.   Violation of this
 section shall be punishable by a fine  of  not  more  than  one  hundred
 dollars  for  a  first  offense and by a fine of not less than fifty nor
 more than one hundred fifty dollars for a second offense and each subse-
 quent  offense;  provided, however where the animal that has been struck
 and injured is a guide dog, hearing dog or service dog,  as  such  terms
 are  defined  in  section forty-seven-b of the civil rights law which is
 actually engaged in aiding or guiding a  person  with  a  disability,  a
 violation of this section shall be punishable by a fine of not less than
 fifty nor more than one hundred fifty dollars for a first offense and by
 a  fine  of  not less than one hundred fifty dollars nor more than three
 hundred dollars for a second offense and each subsequent offense.
   § 12. Paragraph (c) of subdivision 12 of section 1229-c of the vehicle
 and traffic law, as added by chapter 333 of the laws of 1992, is amended
 and a new paragraph (b-1) is added to read as follows:
   (B-1) A PEER-TO-PEER CAR SHARING PROGRAM AS DEFINED IN  SECTION  THREE
 THOUSAND  FOUR  HUNDRED  FIFTY-EIGHT  OF THE INSURANCE LAW SHALL PROVIDE
 COMPARABLE NOTICE FOR SHARED VEHICLE DRIVERS AND SHARED VEHICLE  OWNERS,
 AS  DEFINED  IN  SECTION  THREE THOUSAND FOUR HUNDRED FIFTY-EIGHT OF THE
 INSURANCE LAW, ON ITS WEBSITE IN CONSPICUOUS LETTERING.
   (c) Any rental vehicle company OR  PEER-TO-PEER  CAR  SHARING  PROGRAM
 THAT  MAKES  A SHARED VEHICLE, AS DEFINED IN SECTION THREE THOUSAND FOUR
 HUNDRED FIFTY-EIGHT OF THE INSURANCE LAW, AVAILABLE FOR PEER-TO-PEER CAR
 SHARING which violates the  provisions  of  this  subdivision  shall  be
 subject  to  a civil penalty, not to exceed one hundred dollars for each
 day of violation.
   § 13. Severability clause. If any provision of this act or the  appli-
 cation  thereof  is held invalid, such invalidity shall not affect other
 provisions or applications of this act which can be given effect without
 the invalid provision or application, and to this end the provisions  of
 this act are declared to be severable.
   §  14.  This act shall take effect on the ninetieth day after it shall
 have become a law.