S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7838
 
                             I N  S E N A T E
 
                             January 12, 2022
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the insurance law, the general business law and the  tax
   law in relation to peer-to-peer car sharing; to amend a chapter of the
   laws of 2021 amending the insurance law, the general business law, the
   tax law and the vehicle and traffic law relating to enacting the peer-
   to-peer  car  sharing  program  act,  as proposed in legislative bills
   numbers S. 6715 and A. 2349-A, in relation to the effectiveness there-
   of; and to repeal certain provisions of such laws relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subsection (b) of section 2305 of the insur-
 ance  law, as amended by section 9 of part AAA of chapter 59 of the laws
 of 2017, is amended to read as follows:
   (2) motor vehicle insurance, or  surety  bonds,  required  by  section
 three  hundred  seventy of the vehicle and traffic law or article forty-
 four-B of the vehicle and traffic law, OR ARTICLE FORTY OF  THE  GENERAL
 BUSINESS LAW;
   §  2.  Paragraph  1 of subsection (a) of section 3425 of the insurance
 law, as amended by section 10 of part AAA of chapter 59 of the  laws  of
 2017, is amended to read as follows:
   (1) "Covered  policy"  means  a  contract of insurance, referred to in
 this section as "automobile insurance", issued or issued for delivery in
 this state, on a risk  located  or  resident  in  this  state,  insuring
 against  losses  or liabilities arising out of the ownership, operation,
 or use of a motor vehicle, predominantly used for non-business purposes,
 when a natural person is the named insured under the policy  of  automo-
 bile  insurance;  provided,  however,  that  the use or operation of the
 motor vehicle by a transportation network COMPANY driver as a TNC  vehi-
 cle  in  accordance with article forty-four-B of the vehicle and traffic
 law OR THE USE OR OPERATION OF THE MOTOR VEHICLE THROUGH A  PEER-TO-PEER
 CAR  SHARING  PROGRAM  IN  ACCORDANCE  WITH ARTICLE FORTY OF THE GENERAL
 BUSINESS LAW, shall not be included in  determining  whether  the  motor
 vehicle is being used predominantly for non-business purposes.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03055-10-2
 S. 7838                             2
 
   § 3. Sections 3458, 3459, 3460 and 3461 of the insurance law, as added
 by a chapter of the laws of 2021 amending the insurance law, the general
 business  law,  the tax law, and the vehicle and traffic law relating to
 enacting the peer-to-peer car sharing program act, as proposed in legis-
 lative  bills  numbers  S.  6715  and  A. 2349-A, are amended 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) "CERTIFICATE" OR "CERTIFICATE OF   INSURANCE"  MEANS  ANY  POLICY,
 CONTRACT  OR OTHER EVIDENCE OF INSURANCE, OR ENDORSEMENT THERETO, ISSUED
 TO A GROUP MEMBER UNDER A PEER-TO-PEER CAR SHARING GROUP POLICY.
   (2) "GROUP POLICYHOLDER" MEANS AN ADMINISTRATOR.
   (3) "GROUP POLICY MEMBER" MEANS A SHARED VEHICLE  OWNER  OR  A  SHARED
 VEHICLE DRIVER PARTICIPATING IN A PROGRAM.
   (4)  "Peer-to-peer  car  [sharing"  shall have the same meaning as set
 forth in article forty of the general business law.] SHARING GROUP POLI-
 CY" OR "GROUP POLICY"  MEANS  A  GROUP  POLICY,  INCLUDING  CERTIFICATES
 ISSUED TO THE GROUP MEMBERS, WHERE THE GROUP POLICYHOLDER IS AN ADMINIS-
 TRATOR  AND  THE  POLICY  PROVIDES INSURANCE TO THE ADMINISTRATOR AND TO
 GROUP MEMBERS:
   (A) IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE FORTY OF THE GENER-
 AL BUSINESS LAW;
   (B) OF THE TYPE DESCRIBED IN PARAGRAPH THIRTEEN, FOURTEEN, OR NINETEEN
 OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN  OF  THIS
 CHAPTER; AND
   (C)  IN  SATISFACTION OF THE FINANCIAL RESPONSIBILITY REQUIREMENTS SET
 FORTH IN SECTION THREE THOUSAND FOUR HUNDRED  TWENTY  OF  THIS  ARTICLE,
 SUBDIVISION  FOUR  OF  SECTION  THREE  HUNDRED ELEVEN OF THE VEHICLE AND
 TRAFFIC LAW, ARTICLE FIFTY-ONE OF THIS CHAPTER, AND SUCH OTHER  REQUIRE-
 MENTS  OR  REGULATIONS THAT MAY APPLY FOR THE PURPOSES OF SATISFYING THE
 FINANCIAL RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE USE OR  OPERA-
 TION OF A MOTOR VEHICLE.
   [(2)]  (5)  "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)] (6) "PEER-TO-PEER CAR SHARING PROGRAM ADMINISTRATOR" OR "ADMINIS-
 TRATOR" SHALL HAVE THE SAME MEANING AS SET FORTH IN ARTICLE FORTY OF THE
 GENERAL BUSINESS LAW.
   (7)  "Shared  vehicle driver" shall have the same meaning as set forth
 in article forty of the general business law.
   [(6)] (8) "Shared vehicle owner" shall have the same  meaning  as  set
 forth in article forty of the general business law.
   [(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.]
 S. 7838                             3
 
   (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)] (10) "Motor vehicle" shall have the same meaning as  set  forth
 in article 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.
   (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
 S. 7838                             4

 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)]  AN INSURER MAY ISSUE OR ISSUE FOR DELIVERY IN THIS STATE A GROUP
 POLICY TO AN ADMINISTRATOR AS A GROUP POLICYHOLDER  ONLY  IN  ACCORDANCE
 WITH THE PROVISIONS OF THIS SECTION.
   (C)  (1)  A  GROUP  POLICY SHALL PROVIDE COVERAGE FOR A SHARED VEHICLE
 OWNER'S MOTOR VEHICLE IN ACCORDANCE WITH  THE  REQUIREMENTS  OF  ARTICLE
 FORTY OF THE GENERAL BUSINESS LAW.
   (2) A GROUP POLICY MAY PROVIDE:
   (A)    COVERAGE  FOR LIMITS HIGHER THAN THE MINIMUM LIMITS REQUIRED BY
 SUBDIVISION TWO OF SECTION NINE HUNDRED ONE OF THE GENERAL BUSINESS LAW,
 WITH REGARD TO FINANCIAL RESPONSIBILITY COVERAGE;
   (B) SUPPLEMENTAL SPOUSAL LIABILITY INSURANCE  PURSUANT  TO  SUBSECTION
 (G) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS CHAPTER; AND
   (C)  MOTOR  VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN PARAGRAPH
 NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED  THIRTEEN
 OF THIS CHAPTER.
   (3)  THE  COVERAGE  DESCRIBED  IN  PARAGRAPHS  ONE  AND  TWO  OF  THIS
 SUBSECTION MAY BE PROVIDED IN ONE GROUP  POLICY  OR  IN  SEPARATE  GROUP
 POLICIES.
   (4) A GROUP POLICY, INCLUDING CERTIFICATES, SHALL BE ISSUED BY AUTHOR-
 IZED  INSURERS  OR  THROUGH  EXCESS LINE BROKERS PURSUANT TO SECTION TWO
 THOUSAND ONE HUNDRED EIGHTEEN OF THIS CHAPTER.
   (5) A POLICYHOLDER ALSO MAY BE AN INSURED UNDER A GROUP POLICY.
   (D) THE PREMIUM FOR THE GROUP POLICY, INCLUDING CERTIFICATES,  MAY  BE
 PAID BY THE GROUP POLICYHOLDER FROM THE FUNDS CONTRIBUTED:
   (1) WHOLLY BY THE GROUP POLICYHOLDER;
   (2) WHOLLY BY THE GROUP POLICY MEMBERS; OR
   (3) JOINTLY BY THE GROUP POLICYHOLDER AND THE GROUP POLICY MEMBERS.
   (E)(1)  ANY  POLICY  DIVIDEND, RETROSPECTIVE PREMIUM CREDIT, OR RETRO-
 SPECTIVE PREMIUM REFUND IN RESPECT OF PREMIUMS PAID BY THE GROUP POLICY-
 HOLDER MAY:
   (A) BE APPLIED TO REDUCE THE PREMIUM CONTRIBUTION OF THE GROUP POLICY-
 HOLDER, BUT NOT IN EXCESS OF THE PROPORTION TO ITS CONTRIBUTION; OR
   (B) BE RETAINED BY THE GROUP POLICYHOLDER.
   (2) ANY POLICY DIVIDEND, RETROSPECTIVE PREMIUM CREDIT,  OR  RETROSPEC-
 TIVE  PREMIUM  REFUND  NOT  DISTRIBUTED  UNDER  PARAGRAPH  ONE  OF  THIS
 SUBSECTION SHALL BE:
   (A)  APPLIED  TO  REDUCE  FUTURE  PREMIUMS  AND,  ACCORDINGLY,  FUTURE
 CONTRIBUTIONS, OF EXISTING OR FUTURE GROUP POLICY MEMBERS, OR BOTH; OR
   (B) PAID OR REFUNDED TO THOSE GROUP POLICY MEMBERS INSURED ON THE DATE
 THE  PAYMENT OR REFUND IS MADE TO THE GROUP POLICYHOLDER, IF DISTRIBUTED
 BY THE GROUP POLICYHOLDER, OR ON THE DATE  OF  MAILING,  IF  DISTRIBUTED
 DIRECTLY BY THE INSURER, SUBJECT TO THE FOLLOWING REQUIREMENTS:
 S. 7838                             5
 
   (I) THE INSURER SHALL BE RESPONSIBLE FOR DETERMINING THE ALLOCATION OF
 THE PAYMENT OR REFUND TO THE GROUP POLICY MEMBERS;
   (II) IF THE GROUP POLICYHOLDER DISTRIBUTES THE PAYMENT OR REFUND, THEN
 THE  INSURER  SHALL  BE RESPONSIBLE FOR CONDUCTING AN AUDIT TO ASCERTAIN
 THAT THE PAYMENT OR REFUND IS ACTUALLY MADE IN ACCORDANCE WITH THE ALLO-
 CATION PROCEDURE; AND
   (III) IF THE GROUP POLICYHOLDER FAILS TO MAKE THE PAYMENT  OR  REFUND,
 THEN  THE  INSURER  SHALL MAKE THE PAYMENT OR REFUND DIRECTLY OR USE THE
 METHOD PROVIDED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   (3) NOTWITHSTANDING PARAGRAPHS ONE AND TWO OF THIS  SUBSECTION,  IF  A
 DIVIDEND  ACCRUES UPON TERMINATION OF COVERAGE UNDER A GROUP POLICY, THE
 PREMIUM FOR WHICH WAS PAID OUT OF  FUNDS  CONTRIBUTED  BY  GROUP  POLICY
 MEMBERS  SPECIFICALLY  FOR THE COVERAGE, THEN THE DIVIDEND SHALL BE PAID
 OR REFUNDED BY THE  GROUP  POLICYHOLDER  TO  THE  GROUP  POLICY  MEMBERS
 INSURED  ON  THE DATE THE PAYMENT OR REFUND IS MADE TO THE GROUP POLICY-
 HOLDER NET OF REASONABLE EXPENSES INCURRED BY THE GROUP POLICYHOLDER  IN
 PAYING OR REFUNDING THE DIVIDEND TO SUCH GROUP POLICY MEMBERS.
   (4)  FOR THE PURPOSES OF THIS SUBSECTION, "DIVIDEND" MEANS A RETURN BY
 AN INSURER TO A GROUP POLICYHOLDER OF EXCESS PREMIUMS PAID BY THAT GROUP
 POLICYHOLDER IN LIGHT OF ITS FAVORABLE LOSS EXPERIENCE, INCLUDING RETRO-
 SPECTIVE PREMIUM CREDITS OR RETROSPECTIVE PREMIUM  REFUNDS.    THE  TERM
 "DIVIDEND"  DOES  NOT INCLUDE REIMBURSEMENTS OR FEES RECEIVED BY A GROUP
 POLICYHOLDER IN CONNECTION WITH THE OPERATION  OR  ADMINISTRATION  OF  A
 GROUP POLICY, INCLUDING ADMINISTRATIVE REIMBURSEMENTS, FEES FOR SERVICES
 PROVIDED BY THE GROUP POLICYHOLDER, OR TRANSACTIONAL SERVICE FEES.
   (F)  THE  INSURER SHALL TREAT IN LIKE MANNER ALL ELIGIBLE GROUP POLICY
 MEMBERS OF THE SAME CLASS AND STATUS.
   (G) EACH POLICY WRITTEN PURSUANT TO THIS  SECTION  SHALL  PROVIDE  PER
 OCCURRENCE  LIMITS OF COVERAGE FOR EACH GROUP POLICY MEMBER IN AN AMOUNT
 NOT LESS THAN THAT REQUIRED BY ARTICLE FORTY  OF  THE  GENERAL  BUSINESS
 LAW,  AND MAY PROVIDE COVERAGE FOR LIMITS HIGHER THAN THE MINIMUM LIMITS
 REQUIRED UNDER THE LAW.
   (H)(1) THE INSURER SHALL BE RESPONSIBLE FOR THE MAILING OR DELIVERY OF
 A CERTIFICATE OF INSURANCE TO EACH GROUP POLICY MEMBER, PROVIDED, HOWEV-
 ER, THAT THE INSURER MAY DELEGATE THE MAILING OR DELIVERY TO THE  ADMIN-
 ISTRATOR.  THE INSURER ALSO SHALL BE RESPONSIBLE FOR MAILING OR DELIVERY
 TO  EACH  GROUP  POLICY  MEMBER  AN AMENDED CERTIFICATE OF INSURANCE, OR
 ENDORSEMENT TO THE CERTIFICATE, WHENEVER THERE IS A  CHANGE  OF  LIMITS;
 CHANGE  IN  TYPE  OF  COVERAGE;  ADDITION,  REDUCTION, OR ELIMINATION OF
 COVERAGE; OR ADDITION OF EXCLUSION, UNDER THE GROUP  POLICY  OR  CERTIF-
 ICATE.
   (2)  THE CERTIFICATE SHALL CONTAIN IN SUBSTANCE ALL MATERIAL TERMS AND
 CONDITIONS OF COVERAGE AFFORDED TO THE GROUP POLICY MEMBER,  UNLESS  THE
 GROUP POLICY IS INCORPORATED BY REFERENCE AND A COPY OF THE GROUP POLICY
 ACCOMPANIES THE CERTIFICATE.
   (3)  IF  COVERAGE  AFFORDED TO THE GROUP POLICY MEMBER IS IN EXCESS OF
 OTHER APPLICABLE INSURANCE COVERAGE, THEN THE CERTIFICATE SHALL  CONTAIN
 A  NOTICE  ADVISING  THE  GROUP  POLICY  MEMBER THAT IF THE GROUP POLICY
 MEMBER HAS OTHER INSURANCE COVERAGE, SPECIFIED COVERAGES UNDER THE GROUP
 POLICY WILL BE EXCESS OVER THE OTHER INSURANCE.
   (I) A GROUP POLICYHOLDER SHALL COMPLY WITH THE PROVISIONS  OF  SECTION
 TWO  THOUSAND ONE HUNDRED TWENTY-TWO OF THIS CHAPTER, IN THE SAME MANNER
 AS AN INSURANCE AGENT OR INSURANCE BROKER, IN ANY  ADVERTISEMENT,  SIGN,
 PAMPHLET,  CIRCULAR,  CARD,  OR  OTHER  PUBLIC ANNOUNCEMENT REFERRING TO
 COVERAGE UNDER A GROUP POLICY OR CERTIFICATE.
 S. 7838                             6
 
   (J) A GROUP POLICY OR CERTIFICATE SHALL  NOT  BE  SUBJECT  TO  SECTION
 THREE  THOUSAND  FOUR HUNDRED TWENTY-FIVE OR SECTION THREE THOUSAND FOUR
 HUNDRED TWENTY-SIX OF THIS ARTICLE, PROVIDED THAT THE FOLLOWING REQUIRE-
 MENTS SHALL APPLY WITH REGARD TO TERMINATION OF COVERAGE:
   (1)(A)  AN INSURER MAY TERMINATE A GROUP POLICY OR CERTIFICATE ONLY IF
 CANCELLATION IS BASED ON ONE OR MORE OF THE REASONS SET FORTH IN SUBPAR-
 AGRAPHS (A)  THROUGH  (D)  OR  (F)  THROUGH  (H)  OF  PARAGRAPH  ONE  OF
 SUBSECTION (C) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS
 ARTICLE;  PROVIDED,  HOWEVER,  THAT AN ACT OR OMISSION BY A GROUP MEMBER
 THAT WOULD CONSTITUTE  THE  BASIS  FOR  CANCELLATION  OF  AN  INDIVIDUAL
 CERTIFICATE SHALL NOT CONSTITUTE THE BASIS FOR CANCELLATION OF THE GROUP
 POLICY.
   (B)  WHERE THE PREMIUM IS DERIVED WHOLLY FROM FUNDS CONTRIBUTED BY THE
 GROUP POLICYHOLDER, AN INSURER MAY CANCEL AN INDIVIDUAL CERTIFICATE ONLY
 IF CANCELLATION IS BASED ON ONE OR MORE OF  THE  REASONS  SET  FORTH  IN
 SUBPARAGRAPHS  (B),  (C),  OR  (H) OF PARAGRAPH ONE OF SUBSECTION (C) OF
 SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE.
   (2)(A) AN INSURER'S CANCELLATION OF  A  GROUP  POLICY,  INCLUDING  ALL
 CERTIFICATES,  SHALL  NOT  BECOME  EFFECTIVE UNTIL THIRTY DAYS AFTER THE
 INSURER MAILS OR DELIVERS WRITTEN NOTICE OF CANCELLATION  TO  THE  GROUP
 POLICYHOLDER  AT  THE MAILING ADDRESS SHOWN IN THE POLICY OR TO AN ELEC-
 TRONIC MAIL ADDRESS AT WHICH THE GROUP  POLICYHOLDER  HAS  CONSENTED  TO
 RECEIVE SUCH NOTICE.
   (I) WHERE ALL OR PART OF THE PREMIUM IS DERIVED FROM FUNDS CONTRIBUTED
 BY  THE  GROUP  POLICY MEMBER SPECIFICALLY FOR THE COVERAGE, THE INSURER
 ALSO SHALL MAIL OR DELIVER WRITTEN NOTICE OF CANCELLATION OF  THE  GROUP
 POLICY  TO  THE GROUP POLICY MEMBER AT THE GROUP POLICY MEMBER'S MAILING
 ADDRESS OR TO AN ELECTRONIC MAIL  ADDRESS  AT  WHICH  THE  GROUP  POLICY
 MEMBER  HAS  CONSENTED  TO RECEIVE SUCH NOTICE.  SUCH CANCELLATION SHALL
 NOT BECOME EFFECTIVE UNTIL THIRTY DAYS AFTER THE INSURER MAILS OR DELIV-
 ERS THE WRITTEN NOTICE TO THE GROUP POLICY MEMBER.
   (II) WHERE NONE OF THE PREMIUM IS DERIVED FROM FUNDS CONTRIBUTED BY  A
 GROUP POLICY MEMBER SPECIFICALLY FOR THE COVERAGE, THE GROUP POLICYHOLD-
 ER  SHALL  MAIL  OR  DELIVER  WRITTEN  NOTICE TO THE GROUP POLICY MEMBER
 ADVISING THE GROUP POLICY MEMBER OF THE CANCELLATION OF THE GROUP POLICY
 AND THE EFFECTIVE DATE OF CANCELLATION.   THE GROUP  POLICYHOLDER  SHALL
 MAIL  OR  DELIVER  THE WRITTEN NOTICE WITHIN NINETY DAYS AFTER RECEIVING
 NOTICE OF CANCELLATION FROM THE INSURER.
   (B) AN INSURER'S CANCELLATION OF AN INDIVIDUAL CERTIFICATE  SHALL  NOT
 BECOME  EFFECTIVE  UNTIL THIRTY DAYS AFTER THE INSURER MAILS OR DELIVERS
 WRITTEN NOTICE OF CANCELLATION TO THE GROUP POLICY MEMBER AT  THE  GROUP
 POLICY  MEMBER'S  MAILING  ADDRESS,  OR TO AN ELECTRONIC MAIL ADDRESS AT
 WHICH THE GROUP POLICY MEMBER HAS CONSENTED TO RECEIVE SUCH NOTICE,  AND
 TO  THE  GROUP  POLICYHOLDER  AT  THE MAILING ADDRESS SHOWN IN THE GROUP
 POLICY OR TO AN ELECTRONIC MAIL ADDRESS AT WHICH THE GROUP  POLICYHOLDER
 HAS CONSENTED TO RECEIVE SUCH NOTICE.
   (3)(A)  A  GROUP POLICYHOLDER MAY CANCEL A GROUP POLICY, INCLUDING ALL
 CERTIFICATES, OR ANY INDIVIDUAL CERTIFICATE, FOR ANY REASON UPON  THIRTY
 DAYS' WRITTEN NOTICE TO THE INSURER AND EACH GROUP POLICY MEMBER; AND
   (B)  THE  GROUP  POLICYHOLDER  SHALL MAIL OR DELIVER WRITTEN NOTICE TO
 EACH AFFECTED GROUP POLICY MEMBER OF THE GROUP POLICYHOLDER'S  CANCELLA-
 TION  OF  THE  GROUP  POLICY  OR  CERTIFICATE  AND THE EFFECTIVE DATE OF
 CANCELLATION.  THE GROUP POLICYHOLDER SHALL MAIL OR DELIVER THE  WRITTEN
 NOTICE TO THE GROUP POLICY MEMBER'S MAILING ADDRESS, OR TO AN ELECTRONIC
 MAIL  ADDRESS  AT WHICH THE GROUP POLICY MEMBER HAS CONSENTED TO RECEIVE
 S. 7838                             7
 
 SUCH NOTICE, AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF CANCEL-
 LATION.
   (4)  A GROUP POLICY MEMBER MAY CANCEL OPTIONAL COVERAGE UPON PROVIDING
 NOTICE TO THE GROUP POLICYHOLDER.  FOR THE PURPOSES OF THIS  SUBSECTION,
 "OPTIONAL  COVERAGE"  MEANS COVERAGE OTHER THAN FINANCIAL RESPONSIBILITY
 COVERAGE THAT AN INDIVIDUAL GROUP POLICY MEMBER PURCHASES ON AN OPTIONAL
 BASIS. "OPTIONAL COVERAGE" DOES NOT MEAN OPTIONAL VEHICLE PROTECTION  AS
 DEFINED IN ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
   (5)(A)  A GROUP POLICY AND ALL CERTIFICATES SHALL BE ISSUED OR RENEWED
 FOR A ONE-YEAR POLICY PERIOD UNLESS THE  GROUP  POLICY  PROVIDES  FOR  A
 LONGER POLICY PERIOD.
   (B) THE GROUP POLICYHOLDER SHALL BE ENTITLED TO RENEW THE GROUP POLICY
 AND  ALL  CERTIFICATES  UPON TIMELY PAYMENT OF THE PREMIUM BILLED TO THE
 GROUP POLICYHOLDER FOR THE RENEWAL, UNLESS THE INSURER MAILS OR DELIVERS
 TO THE GROUP POLICYHOLDER AND ALL GROUP POLICY MEMBERS WRITTEN NOTICE OF
 NONRENEWAL, OR CONDITIONAL RENEWAL, AT LEAST THIRTY BUT  NOT  MORE  THAN
 ONE  HUNDRED  TWENTY  DAYS PRIOR TO THE EXPIRATION DATE SPECIFIED IN THE
 GROUP POLICY OR, IF NO DATE IS SPECIFIED, THEN THE NEXT ANNIVERSARY DATE
 OF THE GROUP POLICY.
   (6) WHERE THE GROUP POLICYHOLDER NONRENEWS THE GROUP POLICY, THE GROUP
 POLICYHOLDER SHALL MAIL OR DELIVER WRITTEN NOTICE TO EACH  GROUP  MEMBER
 ADVISING  THE  GROUP POLICY MEMBER OF NONRENEWAL OF THE GROUP POLICY AND
 THE EFFECTIVE DATE OF NONRENEWAL.  THE GROUP POLICYHOLDER SHALL MAIL  OR
 DELIVER WRITTEN NOTICE AT LEAST THIRTY DAYS PRIOR TO THE NONRENEWAL.
   (7)  EVERY  NOTICE OF CANCELLATION, NONRENEWAL, OR CONDITIONAL RENEWAL
 FROM AN INSURER SHALL SET FORTH  THE  SPECIFIC  REASON  OR  REASONS  FOR
 CANCELLATION, NONRENEWAL, OR CONDITIONAL RENEWAL.
   (8)(A)  AN INSURER SHALL NOT BE REQUIRED UNDER THIS SUBSECTION TO GIVE
 NOTICE TO A GROUP POLICY MEMBER IF  THE  INSURER  HAS  BEEN  ADVISED  BY
 EITHER  THE  GROUP  POLICYHOLDER  OR  ANOTHER INSURER THAT SUBSTANTIALLY
 SIMILAR COVERAGE HAS BEEN OBTAINED FROM THE OTHER INSURER WITHOUT  LAPSE
 OF COVERAGE.
   (B)  A  GROUP POLICYHOLDER SHALL NOT BE REQUIRED UNDER THIS SUBSECTION
 TO GIVE NOTICE TO A GROUP POLICY MEMBER IF SUBSTANTIALLY SIMILAR  COVER-
 AGE HAS BEEN OBTAINED FROM ANOTHER INSURER WITHOUT LAPSE OF COVERAGE.
   (9)(A) IF, PRIOR TO THE EFFECTIVE DATE OF CANCELLATION, NONRENEWAL, OR
 CONDITIONAL  RENEWAL  OF  THE  GROUP  POLICY,  OR A CERTIFICATE, WHETHER
 INITIATED BY THE INSURER, GROUP POLICYHOLDER  OR  BY  THE  GROUP  POLICY
 MEMBER  IN  REGARD  TO  THE  GROUP POLICY MEMBER'S CERTIFICATE, COVERAGE
 ATTACHES PURSUANT TO THE TERMS OF A  GROUP  POLICY,  THEN  THE  COVERAGE
 SHALL BE EFFECTIVE UNTIL EXPIRATION OF THE APPLICABLE PERIOD OF COVERAGE
 PROVIDED  IN THE GROUP POLICY NOTWITHSTANDING THE CANCELLATION, NONRENE-
 WAL OR CONDITIONAL NONRENEWAL OF THE GROUP POLICY.
   (B) NOTWITHSTANDING SUBPARAGRAPH (A) OF THIS PARAGRAPH, AN INSURER MAY
 TERMINATE COVERAGE UNDER AN INDIVIDUAL CERTIFICATE ON THE EFFECTIVE DATE
 OF CANCELLATION, IF THE CERTIFICATE IS CANCELLED IN ACCORDANCE WITH  THE
 PROVISIONS OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF THIS SUBSECTION.
   (K)  ANY  MAILING  OR  DELIVERY  TO  A GROUP POLICY MEMBER REQUIRED OR
 PERMITTED UNDER THIS SECTION MAY BE MADE BY ELECTRONIC MAIL IF  AFFIRMA-
 TIVE  VERIFIABLE  CONSENT TO SUCH METHOD OF DELIVERY HAS BEEN PREVIOUSLY
 RECEIVED FROM SUCH GROUP POLICY MEMBER.
   (L) AN INSURER MAY ISSUE A GROUP POLICY TO AN  ADMINISTRATOR  NOTWITH-
 STANDING  THAT IT MAY BE A CONDITION OF USING OR OPERATING A MOTOR VEHI-
 CLE THROUGH THE ADMINISTRATOR'S PROGRAM FOR THE SHARED VEHICLE OWNER  TO
 PARTICIPATE IN SUCH GROUP POLICY.
 S. 7838                             8
 
   (M)  AN  INSURER SHALL NOT INCLUDE A MANDATORY ARBITRATION CLAUSE IN A
 POLICY  THAT  PROVIDES  FINANCIAL  RESPONSIBILITY  COVERAGE  UNDER  THIS
 SECTION EXCEPT AS PERMITTED IN SECTION FIVE THOUSAND ONE HUNDRED FIVE OF
 THIS CHAPTER.
   (N)  Coverage  under  a group policy, as provided for in this section,
 shall not be dependent on [a personal motor  vehicle]  AN  INSURER  THAT
 ISSUED A SHARED VEHICLE OWNER'S POLICY OF liability [insurer first deny-
 ing  a  claim]  INSURANCE OR OTHER MOTOR VEHICLE INSURANCE, nor shall [a
 personal motor vehicle insurance policy] AN INSURER 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] FIFTY-EIGHT of this article shall  apply
 to this section.
   (b)  Notwithstanding  any  other provision of law to the contrary, the
 shared vehicle owner's [personal] POLICY OF LIABILITY INSURANCE OR OTHER
 motor vehicle [insurer] INSURANCE  may  exclude  any  and  all  coverage
 afforded  under  the  policy  issued to the shared vehicle owner for any
 loss, DEATH, or injury that occurs during the car sharing period includ-
 ing:
   (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] ENTITY for the liability for  any
 loss,  DEATH,  OR  INJURY  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
 program [unless otherwise authorized under section three  thousand  four
 hundred twenty-five of this article] IN COMPLIANCE WITH ARTICLE FORTY OF
 THE GENERAL BUSINESS LAW.
   (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 ADMINISTRATOR, or any  insurer  of  the  shared  vehicle
 S. 7838                             9

 owner, shared vehicle driver, or peer-to-peer car sharing program ADMIN-
 ISTRATOR shall be deemed notice to all appropriate parties and insurers.
   (b)  Any shared vehicle owner, shared vehicle driver, peer-to-peer car
 sharing program ADMINISTRATOR, or any  insurer  of  the  shared  vehicle
 owner, shared vehicle driver, or peer-to-peer car sharing program ADMIN-
 ISTRATOR  receiving  such notice shall provide such notice to all appro-
 priate parties.
    (C) THE DEFINITIONS SET FORTH IN SECTION THREE THOUSAND FOUR  HUNDRED
 FIFTY-EIGHT OF THIS ARTICLE SHALL APPLY TO THIS SECTION.
   § 4. Subsection (b) of section 5103 of the insurance law is amended by
 adding a new paragraph 5 to read as follows:
   5.  IS  INJURED  WHILE  A MOTOR VEHICLE IS BEING USED OR OPERATED BY A
 SHARED VEHICLE DRIVER PURSUANT TO ARTICLE FORTY OF THE GENERAL  BUSINESS
 LAW, PROVIDED, HOWEVER, THAT ONLY THE INSURER ISSUING THE OWNER'S POLICY
 OF  LIABILITY  INSURANCE  PROVIDING COVERAGE FOR THE MOTOR VEHICLE BEING
 USED OR OPERATED BY A SHARED VEHICLE DRIVER MAY  EXCLUDE  SUCH  COVERAGE
 AND AN INSURER MAY NOT INCLUDE THIS EXCLUSION IN A POLICY USED TO SATIS-
 FY THE REQUIREMENTS OF ARTICLE FORTY OF THE GENERAL BUSINESS LAW.
   §  5.  Paragraph  2 of subsection (d) of section 5106 of the insurance
 law, as added by section 8 of part AAA of chapter  59  of  the  laws  of
 2017, is amended to read as follows:
   (2)  A  group  policy  issued  pursuant to section three thousand four
 hundred fifty-five OR THREE THOUSAND FOUR HUNDRED  FIFTY-EIGHT  of  this
 chapter  shall  provide first party benefits when a dispute exists as to
 whether a driver was using or operating a motor  vehicle  in  connection
 with  a  transportation  network  company  OR  PEER-TO-PEER  CAR SHARING
 PROGRAM when loss, damage, injury, or  death  occurs.  A  transportation
 network  company OR PEER-TO-PEER CAR SHARING PROGRAM ADMINISTRATOR shall
 notify the insurer that issued the owner's policy of liability insurance
 of the dispute within ten business  days  of  becoming  aware  that  the
 dispute  exists.  When  there is a dispute, the group insurer liable for
 the payment of first party benefits under a group policy shall have  the
 right  to  recover  the  amount paid from the driver's insurer OR IN THE
 CASE OF A PEER-TO-PEER CAR SHARING PROGRAM, THE SHARED  VEHICLE  OWNER'S
 INSURER  to  the  extent  that  the driver would have been liable to pay
 damages in an action at law.
   § 6. Section 900 of the general business law, as added by a chapter of
 the laws of 2021 amending the insurance law, the general  business  law,
 the  tax  law,  and the vehicle and traffic law relating to enacting the
 peer-to-peer car sharing program act, as proposed in  legislative  bills
 numbers S. 6715 and A. 2349-A, is amended to read as follows:
   § 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"  MEANS  A  PROGRAM
 THAT  FACILITATES  THE  USE OR OPERATION OF A SHARED VEHICLE BY A SHARED
 VEHICLE DRIVER.
   3. "Peer-to-peer car sharing  program  administrator"  or  ["program"]
 "ADMINISTRATOR"  shall mean the corporation, partnership, firm, institu-
 tion, 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 A  peer-to-peer  car
 sharing  PROGRAM for financial consideration[. Such programs], BUT shall
 not include A PERSON OR ENTITY ENGAGED IN THE  BUSINESS  OF  RENTING  OR
 S. 7838                            10
 
 LEASING  RENTAL  VEHICLES  TO  BE  OPERATED UPON THE PUBLIC HIGHWAYS FOR
 CARRYING PASSENGERS  OR  non-profit  or  charitable  organizations  that
 facilitate  peer-to-peer car sharing in exchange for payment of a fee or
 for financial consideration.
   [3.]  4.  "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.
   [4.]  5.  "Shared vehicle" means a motor vehicle that is available for
 sharing 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.] 6. "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.]  7. "Shared vehicle owner" shall mean [a registered] AN owner, AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-EIGHT OF THE VEHICLE  AND  TRAFFIC
 LAW,  of  a  REGISTERED  shared vehicle made available for use by shared
 vehicle drivers through a peer-to-peer car sharing program.
   [7.] 8. "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.] 9. "Peer-to-peer car sharing start time" shall mean the time when
 the  shared  vehicle becomes subject to POSSESSION OR the control of the
 shared vehicle driver at, or after, the time the peer-to-peer car  shar-
 ing period is scheduled to begin as documented in the records of a peer-
 to-peer car sharing program ADMINISTRATOR.
   [9.]  10.  "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.] 11. "Peer-to-peer car sharing termination time" shall  mean  the
 earliest 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]  OR control of the shared
 vehicle.
   [11.] 12. "Group policy" means an insurance policy issued pursuant  to
 section three thousand four hundred fifty-eight of the insurance law.
   [12.] 13. "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.
 S. 7838                            11
 
   [13.] 14. "Optional vehicle protection" shall:
   (a)  mean  a  peer-to-peer car sharing [program's] PROGRAM ADMINISTRA-
 TOR'S agreement to contractually 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 charges for which a shared vehicle driver, or
 shared vehicle owner may be liable[.]; AND
   (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,
 "collision damage waiver", "CDW", "damage waiver", "loss damage waiver",
 "LDW", and "physical damage waiver".
   § 7. Section 901 of the general business law, as added by a chapter of
 the laws of 2021 amending the insurance law, the general  business  law,
 the  tax  law,  and the vehicle and traffic law relating to enacting the
 peer-to-peer car sharing program act, as proposed in  legislative  bills
 numbers S. 6715 and A. 2349-A, is REPEALED.
   §  8. Sections 902, 903,  904, 905, 906, 907, 908, 909, 910, 911, 912,
 913, 914, 915, 916, 917, 918, 919, and 920 of the general business  law,
 as  added  by  a chapter of the laws of 2021 amending the insurance law,
 the general business law, the tax law, and the vehicle and  traffic  law
 relating  to  enacting  the  peer-to-peer  car  sharing  program act, as
 proposed in legislative bills numbers S. 6715 and A. 2349-A,  are renum-
 bered sections 901, 902, 903,  904, 905, 906, 907, 908, 909,  910,  911,
 912, 913, 914, 915, 916, 917, 918, and 919.
   §  9. Sections 901, 902, 903,  904, 905, 906, 907, 908, 909, 912, 913,
 914, 915, 916, 917, and 918 of the general business law,  as  renumbered
 by section eight of this act, are amended to read as follows:
   §  901. 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 ADMINISTRATOR, during each peer-
 to-peer car sharing period for each shared vehicle that  it  facilitates
 the  use AND OPERATION of, shall maintain insurance that provides finan-
 cial 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;
 S. 7838                            12
 
   (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[.];
   (d) the insurance required under this subdivision need not be cotermi-
 nous with the registration period of the shared vehicle insured[.]; AND
   (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  ADMINIS-
 TRATOR, or any insurer of the shared vehicle owner, shared vehicle driv-
 er, or peer-to-peer car sharing program ADMINISTRATOR of any claim shall
 be  deemed  notice  to  all appropriate parties and insurers. Any shared
 vehicle owner, shared vehicle driver, peer-to-peer car  sharing  program
 ADMINISTRATOR,  or any insurer of the shared vehicle owner, shared vehi-
 cle driver, or peer-to-peer car sharing program ADMINISTRATOR  receiving
 such notice shall provide such notice to all appropriate 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 ADMINISTRATOR on the
 shared vehicle, shared vehicle owner, and shared vehicle driver pursuant
 to this article.  Provided that the peer-to-peer car sharing [program's]
 PROGRAM ADMINISTRATOR'S group liability insurance policy shall be prima-
 ry during each car sharing period,  pursuant  to  section  nine  hundred
 [three]  TWO  of  this  [chapter]  ARTICLE,  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  endorse-
 ment.
   4. A peer-to-peer car sharing program ADMINISTRATOR shall, during each
 peer-to-peer  car sharing period for each shared vehicle that it facili-
 tates the use AND OPERATION 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
 S. 7838                            13
 
 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
 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  ADMINIS-
 TRATOR, or any insurer of the shared vehicle owner, shared vehicle driv-
 er, or peer-to-peer car sharing program ADMINISTRATOR of any claim shall
 be  deemed  notice  to  all appropriate parties and insurers. Any shared
 vehicle owner, shared vehicle driver, peer-to-peer car  sharing  program
 ADMINISTRATOR,  or any insurer of the shared vehicle owner, shared vehi-
 cle driver, or peer-to-peer car sharing program ADMINISTRATOR  receiving
 such notice shall provide such notice to all appropriate parties.
 S. 7838                            14
 
   (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] POLICY OF liability [insurer] INSURANCE
 OR OTHER MOTOR VEHICLE  INSURANCE  may  exclude  any  and  all  coverage
 afforded  under  [its]  THE  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] ENTITY for liability for any loss,
 DEATH, OR INJURY 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, DEATHS, OR
 INJURIES 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
 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] PROGRAM ADMINISTRATOR
 shall file with the commissioner of motor vehicles,  in  such  form  and
 manner  as  such  commissioner  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  [plat-
 form]  PROGRAM ADMINISTRATOR to comply with the provisions of this arti-
 cle may result in penalties [which may include suspension or  revocation
 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.
 S. 7838                            15
 
   (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 ADMINISTRATOR shall, upon enter-
 ing  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 sharing in the program, provide notice in plain conspicu-
 ous language to the shared vehicle owner that he or she may  need  addi-
 tional insurance coverage including motor vehicle physical damage cover-
 age  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.
   §  902.  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, DEATH, 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 [two] ONE of this article shall provide financial responsibility
 for  any  bodily  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]
 ONE of this article, and the peer-to-peer car sharing [program] ADMINIS-
 TRATOR shall retain such liability irrespective of a lapse in the  group
 policy or any other insurance policy or financial security maintained by
 the [program] ADMINISTRATOR.
   2.  The insurer or insurers providing group liability insurance to the
 peer-to-peer car sharing program pursuant to section nine hundred  [two]
 ONE  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, DEATH, OR INJURY occurred
 giving rise to such claim or whether the loss, DEATH, OR INJURY occurred
 outside of the car sharing period; and (b) the peer-to-peer car  sharing
 program  ADMINISTRATOR  does  not  have available, did not retain, or is
 otherwise  unable  to  provide  information  demonstrating  who  was  in
 POSSESSION  OR  control  at  the  time  of the loss, DEATH, OR INJURY or
 whether the loss, DEATH, OR INJURY occurred outside of the  car  sharing
 period,  the  shared vehicle owner's private motor vehicle insurer shall
 indemnify insurer or insurers providing group  liability  INSURANCE,  to
 the  extent  of its obligation under the applicable insurance policy, if
 it is determined that the loss, DEATH, OR INJURY occurred outside of the
 peer-to-peer car sharing period.  The peer-to-peer car  sharing  program
 ADMINISTRATOR  shall  notify  the  [registered]  SHARED  VEHICLE 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, DEATH, or injury that occurs during any time
 within the peer-to-peer car  sharing  period,  or  otherwise  under  the
 direct  and immediate control of a peer-to-peer car sharing program, the
 peer-to-peer car sharing program ADMINISTRATOR 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
 S. 7838                            16
 
 hundred  [two]  ONE  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] PROGRAM  ADMINISTRATOR'S  insurer,  if  the
 claim is made against the shared vehicle owner, the shared vehicle driv-
 er  or  authorized  [operator]  DRIVER  for loss, DEATH, or injury which
 occurs during the car sharing period.
   5. A peer-to-peer car sharing program ADMINISTRATOR 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 driver 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
 ADMINISTRATOR  shall  cooperate  to  facilitate the exchange of relevant
 information with directly involved parties and any insurer of  a  shared
 vehicle  owner's  or 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  ADMINISTRATOR  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] PROGRAM or shared vehi-
 cle in this state.
   9. A peer-to-peer car sharing program ADMINISTRATOR shall be deemed to
 have  received  notice  of  injuries to OR DEATH OF persons or LOSSES OF
 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 ADMINISTRATOR or notice received by the shared vehi-
 cle  owner.  A shared vehicle owner shall promptly give actual notice to
 the peer-to-peer car sharing program  ADMINISTRATOR  and  its  insurers,
 including  notice in the form and manner as required in the peer-to-peer
 car sharing agreement, of any INJURIES TO OR DEATH OF PERSONS OR  losses
 OF  PROPERTY potentially covered by insurance maintained by the peer-to-
 peer car sharing program ADMINISTRATOR.    A  peer-to-peer  car  sharing
 program  ADMINISTRATOR  or its insurers shall be deemed to have received
 actual notice when a shared vehicle owner notifies the peer-to-peer  car
 sharing  program  ADMINISTRATOR  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
 S. 7838                            17
 
 owner,  shared vehicle driver, peer-to-peer car sharing program ADMINIS-
 TRATOR or any insurer of the shared vehicle owner, shared vehicle  driv-
 er, or peer-to-peer car sharing program ADMINISTRATOR of any claim shall
 be  deemed  notice  to  all appropriate parties and insurers. Any shared
 vehicle owner, shared vehicle driver, peer-to-peer car  sharing  program
 ADMINISTRATOR or any insurer of the shared vehicle owner, shared vehicle
 driver, or peer-to-peer car sharing program ADMINISTRATOR receiving such
 notice shall provide such notice to all appropriate parties.
   §  903.  Lien  implications;  notification. When a vehicle owner first
 registers as a shared vehicle owner [on] IN 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] IN the  peer-
 to-peer car sharing program, the peer-to-peer car sharing program ADMIN-
 ISTRATOR  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 without physical damage coverage, may violate the terms of
 the contract with the lienholder.
   § 904. Insurable interest. 1. Notwithstanding any other  provision  of
 law  to  the  contrary, a peer-to-peer car sharing program ADMINISTRATOR
 shall have an insurable interest in a shared vehicle during the peer-to-
 peer car sharing period.
   2. Nothing in this section shall create an obligation for  a  peer-to-
 peer  car  sharing program ADMINISTRATOR to provide insurance beyond the
 requirement to ensure financial security pursuant to the  provisions  of
 subdivision two of section nine hundred [two] ONE of this article.
   § 905. Disclosures. 1. Each peer-to-peer car sharing program agreement
 made  in [the] THIS 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 ADMINISTRATOR  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 sharing program ADMINISTRATOR 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.
   § 906. Driver's license verification; data retention.  1.  A  peer-to-
 peer  car  sharing program ADMINISTRATOR 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.
 S. 7838                            18
 
   2.  A  peer-to-peer  car  sharing  program  ADMINISTRATOR 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.
   § 907. 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] ADMINISTRATOR  THAT  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 other-
 wise 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]  CAR  SHARING  program,  and  provided  further that aggregated
 anonymized trip data may be shared with [the] THIS state or any  of  its
 political  subdivisions  for  non-commercial  transportation research or
 traffic management purposes. Any such exchanges or sharing shall exclude
 personal  information,  images,  videos,  and  other   recorded   images
 collected  by  any  peer-to-peer car sharing program ADMINISTRATOR.  For
 the purposes of this section, "personal information" shall mean informa-
 tion 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.
   § 908.  Responsibility  for  equipment.  A  peer-to-peer  car  sharing
 program  ADMINISTRATOR 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 SHARED 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
 ADMINISTRATOR 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.
   §  909.  Safety  recalls.  1.  At the time when a shared vehicle owner
 registers a shared vehicle [on] IN a peer-to-peer car  sharing  program,
 and prior to the time when the shared vehicle owner makes a shared vehi-
 cle  available  for  car  sharing  [on]  IN the peer-to-peer car sharing
 S. 7838                            19
 
 program, and no less than  annually  thereafter,  the  peer-to-peer  car
 sharing program ADMINISTRATOR 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] IN 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  ADMINISTRATOR about the safety recall as
 soon as practicable, and in no case longer than forty-eight hours  after
 receipt  of  such notice, so that the shared vehicle driver can be noti-
 fied and the shared vehicle can be removed  from  the  peer-to-peer  car
 sharing program until the necessary safety recall repair has been made.
   (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 ADMINISTRATOR shall  not
 permit  a  vehicle  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.
   § 912. 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  ADMINISTRATOR  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
 S. 7838                            20
 
 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  busi-
 ness  activity  and  directing  restitution  and  damages.  In  any such
 proceeding,  the attorney general 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.
   (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 ADMINISTRATOR.
   (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 ADMINISTRATOR shall  imple-
 ment  a  zero-tolerance  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] OF 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] PROGRAM ADMINISTRATORS 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 ADMINISTRATOR shall implement
 and maintain a policy and an oversight process of providing  accessibil-
 ity  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 ADMINISTRATOR shall not impose additional charges for  providing
 services to persons with physical disabilities because of those disabil-
 ities.
   (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-
 S. 7838                            21

 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].
   §  913.  Optional vehicle protection; requirements. 1. (a) (i) A peer-
 to-peer car sharing program ADMINISTRATOR 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 ADMINISTRA-
 TOR shall represent the [program's] ADMINISTRATOR'S good-faith  estimate
 of  a  daily  charge,  as  calculated by the [program] ADMINISTRATOR, to
 recover the actual, total annual expenses,  incurred  by  the  [program]
 ADMINISTRATOR, together with a commercially reasonable allowance for the
 contractual  risks  assumed  by  the  [program]  ADMINISTRATOR,  for the
 [program's] ADMINISTRATOR'S agreement with  shared  vehicle  drivers  to
 contractually  assume liability for all or part of any damage or loss to
 the shared vehicle during the [care] CAR sharing period;
   (B) if the total amount of optional vehicle protection fees  collected
 by  a  peer-to-peer car sharing program ADMINISTRATOR under this section
 in any calendar year  exceeds  the  [program's]  ADMINISTRATOR'S  actual
 costs, the [program] ADMINISTRATOR 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  ADMINISTRATOR  from  making  adjustment to the optional vehicle
 protection fee during the calendar year.
   (b) A peer-to-peer car sharing program ADMINISTRATOR  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 ADMINISTRATOR  shall  not  void
 optional  vehicle protection contractually assumed from the shared vehi-
 cle 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 SHARED VEHICLE driver;
   (ii) the damage or loss arises out of the SHARED VEHICLE driver's  USE
 OR  operation  of  the  SHARED  vehicle  while intoxicated or unlawfully
 impaired by the use of alcohol or drugs;
   (iii) the peer-to-peer car sharing program ADMINISTRATOR 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 OR OPERATION of the
 SHARED vehicle while engaged in the commission of a crime other  than  a
 traffic infraction;
   (v)  the  damage  or  loss  arises  out of the use OR OPERATION of the
 shared vehicle to carry persons or property for hire, as  a  transporta-
 tion  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 OR OPERATION 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 compen-
 sation  and  in the normal course of employment; (4) ANY PERSON WHO USES
 S. 7838                            22
 
 OR OPERATES THE MOTOR VEHICLE THROUGH  A  PROGRAM  DURING  AN  EMERGENCY
 SITUATION TO A MEDICAL FACILITY; OR (5) ANY PERSON LICENSED TO DRIVE WHO
 EXPRESSLY  IS AUTHORIZED TO USE OR OPERATE THE MOTOR VEHICLE BY BOTH THE
 SHARED VEHICLE OWNER AND THE PEER-TO-PEER CAR SHARING AGREEMENT;
   (vii)  the  damage  or  loss arises out of the use OR OPERATION of the
 shared vehicle outside of the United States when that use  OR  OPERATION
 is  not  specifically  authorized by the peer-to-peer car sharing agree-
 ment; 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] FOUR of this section;
   (ix) the shared vehicle owner knowingly provided erroneous or  inaccu-
 rate  information  to the peer-to-peer car sharing program ADMINISTRATOR
 in connection with any reservation for which the  shared  vehicle  owner
 has  agreed that 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] SHARED  VEHICLE  DRIVER:  (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  SHARED vehicle that shall be subject to inspection;
 and (iii) signs a cancellation form provided  by  the  peer-to-peer  car
 sharing program ADMINISTRATOR.
   (e)  After  twenty-four hours of purchase, a [customer] SHARED VEHICLE
 DRIVER may prospectively terminate optional vehicle protection prior  to
 the  beginning of the car sharing period, provided the [customer] SHARED
 VEHICLE DRIVER:  (i) appears in person before the shared  vehicle  owner
 together  with  the  SHARED 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 ADMINISTRATOR may  hold
 a  shared  vehicle  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] ADMINISTRATOR THAT
 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,
 S. 7838                            23
 
 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]
 MOTOR VEHICLE 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 ADMINISTRA-
 TOR or the video presentation of a television or internet  advertisement
 by  such  peer-to-peer  car  sharing  program ADMINISTRATOR 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.
   (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]
 ADMINISTRATOR  THAT  involves  an interaction with a representative of a
 peer-to-peer car sharing program ADMINISTRATOR,  the  representative  of
 such  peer-to-peer  car sharing program ADMINISTRATOR shall, in response
 to the inquiry, advise that additional optional  products  that  may  be
 offered by such peer-to-peer car sharing program ADMINISTRATOR 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]  MOTOR  VEHICLE insurance or credit card may provide cover-
 age.
   (f) Any peer-to-peer car sharing  program  ADMINISTRATOR  that  offers
 optional vehicle protection to a shared vehicle driver shall disclose to
 such [person] DRIVER 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 MOTOR 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 THE USE OR operation of the shared vehicle while intoxicated
 or unlawfully impaired by the use of alcohol or drugs;
   2. The peer-to-peer car sharing program ADMINISTRATOR 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 OR OPERATION of the shared
 vehicle:
 S. 7838                            24
 
   (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; (4) ANY PERSON  WHO  USES
 OR  OPERATES  THE  MOTOR  VEHICLE  THROUGH A PROGRAM DURING AN EMERGENCY
 SITUATION TO A MEDICAL FACILITY; OR (5) ANY PERSON LICENSED TO DRIVE WHO
 EXPRESSLY IS AUTHORIZED TO USE OR OPERATE THE MOTOR VEHICLE BY BOTH  THE
 SHARED VEHICLE OWNER AND THE PEER-TO-PEER CAR SHARING AGREEMENT;
   (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 ADMINISTRATOR.  OVP - RIGHT TO INSPECT VEHI-
 CLE DAMAGES: 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 VEHI-
 CLE:  If  the shared vehicle is stolen during the term of a peer-to-peer
 car sharing agreement, a shared vehicle driver must report the theft  of
 the shared vehicle to the peer-to-peer car sharing program ADMINISTRATOR
 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] MOTOR  VEHICLE  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  MOTOR 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
 S. 7838                            25
 
 subdivision one of this section. Upon identification by the shared vehi-
 cle  owner  or  the  peer-to-peer  car  sharing program ADMINISTRATOR of
 damage to the shared vehicle,  such  peer-to-peer  car  sharing  program
 ADMINISTRATOR  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 ADMINISTRATOR at the time of return  of
 the  shared  vehicle, termination of the peer-to-peer car sharing agree-
 ment, or within 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  ADMINISTRATOR,  the  peer-to-peer  car sharing program
 ADMINISTRATOR shall furnish an incident report form and a notice, pursu-
 ant to this subdivision, of the obligation of the shared vehicle  driver
 to  execute  and return to the peer-to-peer car sharing program ADMINIS-
 TRATOR 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 ADMINISTRATOR, such incident report
 form and notice shall be mailed by overnight delivery service or  certi-
 fied  mail, return receipt requested, and another copy of such notifica-
 tion shall be sent by regular mail. The peer-to-peer car sharing program
 ADMINISTRATOR 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  ADMINIS-
 TRATOR that either he, she, or the insurer wishes to inspect the damaged
 vehicle.  If  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  ADMINISTRATOR  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 mail-
 ing 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 ADMINISTRATOR 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 ADMIN-
 ISTRATOR  pursuant  to  paragraph (a) of this subdivision to inspect the
 damaged vehicle, which shall be made available  by  the  shared  vehicle
 owner.    Within the limits provided in this paragraph, the peer-to-peer
 S. 7838                            26
 
 car sharing program ADMINISTRATOR 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  esti-
 mates.
   (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 ADMINISTRATOR that he or she wishes to inspect the
 damaged vehicle. 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 ADMINISTRATOR 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 ADMINISTRATOR 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 PROGRAM  ADMINISTRATOR.
 Upon request of the shared vehicle driver or his or her insurer, we will
 provide  a  copy  of the professional estimate of the costs of repairing
 the damaged motor vehicle." Information that is provided in response  to
 a  request by a peer-to-peer car sharing program ADMINISTRATOR, 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  ADMINISTRATOR  in order to adjust any claim of loss, same shall
 be requested of the shared vehicle driver as soon as reasonably  practi-
 cable, 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 ADMINISTRATOR.
   (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]  PROGRAM  ADMINISTRATOR'S  website,
 and  the  shared  vehicle driver shall be advised of the availability of
 S. 7838                            27
 
 such web-based fill-in form when a request for incident  information  is
 made pursuant to this subdivision.
   (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 ADMINISTRATOR 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
 ADMINISTRATOR  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 ADMINISTRATOR may hold a
 shared vehicle driver liable to the extent permitted under  this  [chap-
 ter]  SECTION  for  physical  or mechanical damage to the shared vehicle
 that occurs during the time the shared vehicle is USED OR OPERATED 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 OR
 OPERATION of the vehicle. For the purposes of this subdivision, 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 ADMINISTRATOR and shall  include
 costs for towing, storage, and impound fees where applicable.
   (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  ADMINISTRATOR  incurred to repair the motor vehicle or that the
 peer-to-peer car sharing program ADMINISTRATOR 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 shar-
 ing program ADMINISTRATOR; 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 ADMIN-
 ISTRATOR  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 driv-
 er committed, or aided or abetted in the commission  of,  the  theft  of
 such shared vehicle.
 S. 7838                            28
 
   (d)  Damages  incurred  for  the  loss of use OR OPERATION of a shared
 vehicle and related administrative fees shall not be recovered from  any
 shared vehicle driver or his or her insurer.
   (e)  A peer-to-peer car sharing program ADMINISTRATOR shall not hold a
 shared vehicle driver liable for any amounts that the  peer-to-peer  car
 sharing program ADMINISTRATOR recovers from any other party.
   (f) A peer-to-peer car sharing program ADMINISTRATOR shall not collect
 or  attempt  to  collect  the  amount described in paragraph (b) of this
 subdivision unless the peer-to-peer car sharing program ADMINISTRATOR:
   (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  DAMAGE OR loss incurred. A peer-to-peer car sharing program
 ADMINISTRATOR shall mitigate 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 SHARED VEHICLE driver [of a  shared  vehicle],  such  driver  may
 require  that  the peer-to-peer car sharing program ADMINISTRATOR submit
 any claims to such driver's insurance carrier. Upon  the  request  of  a
 shared  vehicle driver, the peer-to-peer car sharing program ADMINISTRA-
 TOR shall submit any claims to such driver's insurance carrier and shall
 not make any written or oral representations to the contrary, nor  shall
 it  make any written or oral representations that it shall not negotiate
 with such driver's insurance carrier.
   6. (a) No peer-to-peer car sharing program ADMINISTRATOR 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 chapter, during the term of the peer-to-peer car  shar-
 ing  program  agreement,  pending resolution of any dispute, or prior to
 obtaining judgment in a court of competent jurisdiction.
   (b) No peer-to-peer car sharing program ADMINISTRATOR 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 ADMINISTRATOR 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 there-
 for is agreed to between such peer-to-peer car sharing program  ADMINIS-
 TRATOR  and  a shared vehicle driver or his or her insurer, or is deter-
 mined 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 reservation and the damage  is  appraised  by  an
 independent  third-party  appraiser;  provided, however, that a peer-to-
 peer car sharing program ADMINISTRATOR is not precluded from  presenting
 S. 7838                            29
 
 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 ADMINISTRATOR in a court
 of competent jurisdiction, in accordance with the limitations and juris-
 diction  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 ADMINISTRATOR pursuant to this paragraph shall contain:
 (i) the name and post office address of such  peer-to-peer  car  sharing
 program  ADMINISTRATOR,  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 ADMINISTRATOR; and (iv) the items of damage  or
 injuries  claimed  to  have  been  sustained,  accompanied by supporting
 documentation, such as repair  bills,  invoices  and  estimates  in  the
 possession  of  or  available  to  such peer-to-peer car sharing program
 ADMINISTRATOR. Such demand letter shall be served upon such shared vehi-
 cle 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 ADMINISTRATOR 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 arbitration or mediation.
   7.  No  peer-to-peer  car sharing program ADMINISTRATOR 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 shar-
 ing  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  para-
 graph (f) of subdivision three of this section.
   8.  A  shared  vehicle driver shall provide notice to the peer-to-peer
 car  sharing  [platform]  PROGRAM  ADMINISTRATOR  and  appropriate   law
 enforcement  agency  immediately  upon learning of the theft of a shared
 vehicle.
   § 914. Geographical discrimination prohibited. It  shall  be  unlawful
 for  any peer-to-peer car sharing program ADMINISTRATOR to engage in any
 of the following practices solely  on  the  basis  of  the  geographical
 location  of  the  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  PEER-TO-PEER  car sharing program
 ADMINISTRATOR 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.
   §  915. Global positioning systems. A peer-to-peer car sharing program
 ADMINISTRATOR 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 ADMINISTRATOR  to  impose
 S. 7838                            30

 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.
   §  916. 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]
 PROGRAM  ADMINISTRATORS based upon race, color, ethnic origin, religion,
 disability, sex,  marital  status,  residence  or  geographic  location,
 income,  sexual  orientation, genetic predisposition or age: (1) refusal
 to allow participation 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  ADMINISTRATOR  to
 refuse to allow participation in the program to any person solely on the
 requirement of ownership of a credit card."
   §  917.  Electronic  notice  authorized.  1. Notwithstanding any other
 provision of this article, AND THE PEER-TO-PEER CAR SHARING ACT, INCLUD-
 ING, WITHOUT LIMITATION, SECTIONS TWO THOUSAND THREE HUNDRED FIVE, THREE
 THOUSAND FOUR HUNDRED FIFTY-NINE, THREE THOUSAND FOUR HUNDRED SIXTY, AND
 FIVE THOUSAND ONE HUNDRED SIX OF THE INSURANCE LAW, any  notice,  STATE-
 MENT, CERTIFICATE, or disclosure of general applicability required to be
 provided,  delivered,  posted, or otherwise made available by a peer-to-
 peer car sharing program ADMINISTRATOR pursuant to any provision of this
 article, AND THE PEER-TO-PEER CAR SHARING ACT, INCLUDING, WITHOUT  LIMI-
 TATION,  SECTIONS  TWO  THOUSAND THREE HUNDRED FIVE, THREE THOUSAND FOUR
 HUNDRED FIFTY-NINE, THREE THOUSAND FOUR HUNDRED SIXTY, AND FIVE THOUSAND
 ONE HUNDRED SIX OF THE INSURANCE LAW, shall also be  deemed  timely  and
 effectively made where such notice, STATEMENT, CERTIFICATE or disclosure
 is  provided  or  delivered  electronically  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,  STATEMENT, CERTIFICATE, or
 disclosure, and acceptance shall remain effective  until  such  time  as
 acceptance  is  affirmatively  withdrawn  by such shared vehicle driver.
 Notices, STATEMENTS, CERTIFICATES, and disclosures  made  electronically
 pursuant to this subdivision shall be exempt from any placement or styl-
 istic  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.
   § 918. Airport transactions. If an airport operator, including but not
 limited  to  the public authority responsible for regulating commerce at
 such airport within [the] THIS state, requests that a  peer-to-peer  car
 sharing  program  ADMINISTRATOR  enter into an airport concession agree-
 ment, such peer-to-peer car sharing program shall enter into  a  written
 agreement,  where  the peer-to-peer car sharing program ADMINISTRATOR 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
 S. 7838                            31
 
   4.  promote or market a shared vehicle to transport airport passengers
 on or off airport property.
   §  10.  Article 29-D of the tax law, as added by a chapter of the laws
 of 2021 amending the insurance law, the tax  law  and  the  vehicle  and
 traffic  law  relating  to enacting the peer-to-peer car sharing program
 act, as proposed in legislative bills number S. 6715 and A.  2349-A,  is
 REPEALED and a new article 28-D is added to read as follows:
                               ARTICLE 28-D
                  SPECIAL TAX ON PEER-TO-PEER CAR SHARING
 SECTION 1190. DEFINITIONS.
         1191. IMPOSITION OF STATE-WIDE PEER-TO-PEER TAX.
         1192. IMPOSITION   OF   METROPOLITAN   COMMUTER   TRANSPORTATION
                 DISTRICT TAX.
         1193. IMPOSITION OF REGIONAL TRANSPORTATION TAX.
         1194. COLLECTION OF TAX.
         1195. PRESUMPTION.
         1196. ADMINISTRATIVE PROVISIONS.
         1197. DEPOSIT AND DISPOSITION OF REVENUE.
   § 1190. 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 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "GROSS  RECEIPTS  PAID  BY  THE  SHARED VEHICLE DRIVER" MEANS ALL
 CONSIDERATION PAID OR CONTRACTED TO BE PAID BY A SHARED  VEHICLE  DRIVER
 FOR USE OF A SHARED VEHICLE, INCLUDING OPTIONAL CHARGES AND FEES, EXCEPT
 FOR  SEPARATELY STATED CHARGES FOR TAXES AND GOVERNMENT-IMPOSED FEES AND
 AIRPORT FACILITY FEES, IMPOSED ON THE SHARED VEHICLE DRIVER.
   (B) "PEER-TO-PEER CAR SHARING PROGRAM ADMINISTRATOR"  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 A PEER-TO-PEER CAR SHARING  PROGRAM  FOR  FINANCIAL
 CONSIDERATION.
   § 1191. IMPOSITION  OF STATE-WIDE PEER-TO-PEER TAX. (A) IN ADDITION TO
 ANY TAX IMPOSED UNDER ANY OTHER ARTICLE OF THIS CHAPTER, THERE IS HEREBY
 IMPOSED ON EVERY SHARED VEHICLE DRIVER AND THERE SHALL BE PAID A TAX  OF
 THREE  PERCENT  OF  THE GROSS RECEIPTS PAID BY THE SHARED VEHICLE DRIVER
 FOR USE OF A SHARED VEHICLE WHEN  THE  TRANSFER  OF  POSSESSION  OF  THE
 SHARED VEHICLE TO THE SHARED VEHICLE DRIVER OCCURS IN THIS STATE.
   (B)  EXCEPT  TO  THE  EXTENT  THAT  THE  TRANSFER  OF A SHARED VEHICLE
 DESCRIBED IN SUBDIVISION (A) OF THIS SECTION HAS ALREADY BEEN OR WILL BE
 SUBJECT TO THE TAX IMPOSED UNDER SUCH SUBDIVISION AND EXCEPT  AS  OTHER-
 WISE  EXEMPTED  UNDER  THIS  ARTICLE,  THERE  IS HEREBY IMPOSED ON EVERY
 SHARED VEHICLE DRIVER AND THERE SHALL BE PAID A  USE  TAX  FOR  THE  USE
 WITHIN  THIS  STATE  OF ANY SHARED VEHICLE BY THE SHARED VEHICLE DRIVER.
 FOR PURPOSES OF THIS SUBDIVISION, THE TAX SHALL BE AT THE RATE OF  THREE
 PERCENT  OF  THE  GROSS  RECEIPTS PAID OR CONTRACTED TO BE PAID FOR SUCH
 SHARED VEHICLE.
   § 1192. IMPOSITION OF METROPOLITAN  COMMUTER  TRANSPORTATION  DISTRICT
 TAX.  (A)  IN ADDITION TO THE STATEWIDE TAX IMPOSED UNDER SECTION ELEVEN
 HUNDRED NINETY-ONE OF THIS ARTICLE AND IN ADDITION TO  ANY  TAX  IMPOSED
 UNDER  ANY  OTHER  ARTICLE  OF  THIS CHAPTER, THERE IS HEREBY IMPOSED ON
 EVERY SHARED VEHICLE DRIVER AND  THERE  SHALL  BE  PAID  A  METROPOLITAN
 COMMUTER  TRANSPORTATION  DISTRICT  TAX  OF  THREE  PERCENT OF THE GROSS
 RECEIPTS PAID BY THE SHARED VEHICLE DRIVER FOR THE USE OF A SHARED VEHI-
 CLE WHEN THE TRANSFER OF POSSESSION OF THE SHARED VEHICLE TO THE  SHARED
 S. 7838                            32
 
 VEHICLE  DRIVER  OCCURS  IN  THE  METROPOLITAN  COMMUTER  TRANSPORTATION
 DISTRICT AS ESTABLISHED BY  SECTION  TWELVE  HUNDRED  SIXTY-TWO  OF  THE
 PUBLIC AUTHORITIES LAW.
   (B)  EXCEPT  TO  THE  EXTENT  THAT  THE  TRANSFER  OF A SHARED VEHICLE
 DESCRIBED IN SUBDIVISION (A) OF THIS SECTION, OR SECTION ELEVEN  HUNDRED
 NINETY-THREE OF THIS ARTICLE, HAS ALREADY BEEN OR WILL BE SUBJECT TO THE
 TAX  IMPOSED  UNDER  SUCH SUBDIVISION OR SECTION AND EXCEPT AS OTHERWISE
 EXEMPTED UNDER THIS ARTICLE, THERE IS HEREBY  IMPOSED  ON  EVERY  SHARED
 VEHICLE  DRIVER AND THERE SHALL BE PAID A USE TAX FOR THE USE WITHIN THE
 METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS ESTABLISHED BY  SECTION
 TWELVE  HUNDRED  SIXTY-TWO  OF  THE PUBLIC AUTHORITIES LAW OF ANY SHARED
 VEHICLE BY THE SHARED VEHICLE DRIVER. FOR PURPOSES OF THIS  SUBDIVISION,
 THE TAX SHALL BE AT THE RATE OF THREE PERCENT OF THE GROSS RECEIPTS PAID
 OR CONTRACTED TO BE PAID FOR SUCH SHARED VEHICLE.
   § 1193. IMPOSITION  OF REGIONAL TRANSPORTATION TAX. (A) IN ADDITION TO
 THE STATEWIDE TAX IMPOSED UNDER SECTION  ELEVEN  HUNDRED  NINETY-ONE  OF
 THIS  ARTICLE AND IN ADDITION TO ANY TAX IMPOSED UNDER ANY OTHER ARTICLE
 OF THIS CHAPTER, THERE IS HEREBY IMPOSED ON EVERY SHARED VEHICLE  DRIVER
 AND  THERE  SHALL BE PAID A REGIONAL TRANSPORTATION TAX OF THREE PERCENT
 OF THE GROSS RECEIPTS PAID BY THE SHARED VEHICLE DRIVER FOR THE USE OF A
 SHARED VEHICLE WHEN THE TRANSFER OF POSSESSION OF THE SHARED VEHICLE  TO
 THE  SHARED  VEHICLE DRIVER OCCURS ANYWHERE IN THIS STATE OUTSIDE OF THE
 METROPOLITAN TRANSPORTATION DISTRICT AS ESTABLISHED  BY  SECTION  TWELVE
 HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
   (B)  EXCEPT  TO  THE  EXTENT  THAT  THE  TRANSFER  OF A SHARED VEHICLE
 DESCRIBED IN SUBDIVISION (A) OF THIS SECTION, OR SECTION ELEVEN  HUNDRED
 NINETY-TWO  OF  THIS ARTICLE, HAS ALREADY BEEN OR WILL BE SUBJECT TO THE
 TAX IMPOSED UNDER SUCH SUBDIVISION OR SECTION AND  EXCEPT  AS  OTHERWISE
 EXEMPTED  UNDER  THIS  ARTICLE,  THERE IS HEREBY IMPOSED ON EVERY SHARED
 VEHICLE DRIVER AND THERE SHALL BE PAID A USE TAX  FOR  THE  USE  IN  THE
 STATE  OUTSIDE  THE  METROPOLITAN  COMMUTER  TRANSPORTATION  DISTRICT AS
 ESTABLISHED BY SECTION TWELVE HUNDRED SIXTY-TWO OF THE  PUBLIC  AUTHORI-
 TIES  LAW  OF  ANY  SHARED  VEHICLE  BY  THE  SHARED VEHICLE DRIVER. FOR
 PURPOSES OF THIS SUBDIVISION, THE TAX SHALL BE  AT  THE  RATE  OF  THREE
 PERCENT  OF  THE  GROSS  RECEIPTS PAID OR CONTRACTED TO BE PAID FOR SUCH
 SHARED VEHICLE.
   § 1194. COLLECTION OF TAX. THE PEER-TO-PEER CAR SHARING PROGRAM ADMIN-
 ISTRATOR SHALL COLLECT THE TAX  FROM  THE  SHARED  VEHICLE  DRIVER  WHEN
 COLLECTING THE GROSS RECEIPTS TO WHICH IT APPLIES. THE TAX SHALL BE PAID
 TO THE PEER-TO-PEER CAR SHARING PROGRAM ADMINISTRATOR AS TRUSTEE FOR AND
 ON ACCOUNT OF THE STATE.
   § 1195. PRESUMPTION.  FOR  THE PURPOSE OF THE PROPER ADMINISTRATION OF
 THIS ARTICLE AND TO PREVENT EVASION OF THE TAX IMPOSED BY THIS  ARTICLE,
 IT SHALL BE PRESUMED THAT EVERY TRANSFER OF POSSESSION OF A SHARED VEHI-
 CLE  TO A SHARED VEHICLE DRIVER ANYWHERE IN THIS STATE IS SUBJECT TO THE
 TAX UNDER THIS ARTICLE. THIS PRESUMPTION SHALL PREVAIL UNTIL THE CONTRA-
 RY IS ESTABLISHED.
   § 1196. ADMINISTRATIVE PROVISIONS. (A) EXCEPT  AS  OTHERWISE  PROVIDED
 FOR IN THIS ARTICLE, THE TAXES IMPOSED BY THIS ARTICLE SHALL BE ADMINIS-
 TERED  AND  COLLECTED  IN  A  LIKE  MANNER AS AND JOINTLY WITH THE TAXES
 IMPOSED BY SECTIONS ELEVEN HUNDRED FIVE AND ELEVEN HUNDRED TEN  OF  THIS
 CHAPTER.  IN ADDITION, EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, ALL
 OF THE PROVISIONS  OF  ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER  (EXCEPT
 SECTIONS  ELEVEN  HUNDRED  SEVEN,  ELEVEN  HUNDRED EIGHT, ELEVEN HUNDRED
 NINE, AND ELEVEN HUNDRED FORTY-EIGHT) RELATING TO OR APPLICABLE  TO  THE
 ADMINISTRATION,  COLLECTION  AND  REVIEW  OF  THE  TAXES IMPOSED BY SUCH
 S. 7838                            33
 
 SECTIONS ELEVEN HUNDRED FIVE AND ELEVEN HUNDRED TEN, INCLUDING, BUT  NOT
 LIMITED TO, THE PROVISIONS RELATING TO DEFINITIONS, RETURNS, EXEMPTIONS,
 PENALTIES,  TAX  SECRECY, PERSONAL LIABILITY FOR THE TAX, AND COLLECTION
 OF TAX FROM THE CUSTOMER, SHALL APPLY TO THE TAXES IMPOSED BY THIS ARTI-
 CLE  SO  FAR  AS  SUCH  PROVISIONS  CAN  BE MADE APPLICABLE TO THE TAXES
 IMPOSED BY THIS ARTICLE WITH SUCH LIMITATIONS AS SET FORTH IN THIS ARTI-
 CLE AND SUCH MODIFICATIONS AS MAY BE NECESSARY IN ORDER  TO  ADAPT  SUCH
 LANGUAGE  TO  THE TAXES SO IMPOSED. SUCH PROVISIONS SHALL APPLY WITH THE
 SAME FORCE AND EFFECT AS IF THE LANGUAGE OF THOSE  PROVISIONS  HAD  BEEN
 SET  FORTH  IN  FULL  IN  THIS  ARTICLE  EXCEPT  TO  THE EXTENT THAT ANY
 PROVISION IS EITHER INCONSISTENT WITH A PROVISION OF THIS ARTICLE OR  IS
 NOT RELEVANT TO THE TAXES IMPOSED BY THIS ARTICLE.
   (B) THE TAX IMPOSED BY THIS ARTICLE IS IN LIEU OF AND REPLACES ANY TAX
 AS  MAY  BE  IMPOSED UNDER SECTIONS ELEVEN HUNDRED SIXTY, ELEVEN HUNDRED
 SIXTY-SIX-A, AND ELEVEN HUNDRED SIXTY-SIX-B OF THIS CHAPTER.
   § 1197. DEPOSIT AND DISPOSITION  OF  REVENUE.  (A)  ALL  TAXES,  FEES,
 INTEREST  AND  PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER UNDER
 SECTION ELEVEN HUNDRED NINETY-ONE OF THIS ARTICLE SHALL BE DEPOSITED AND
 DISPOSED OF PURSUANT TO THE PROVISIONS OF SECTION ONE  HUNDRED  SEVENTY-
 ONE-A OF THIS CHAPTER.
   (B)  ALL  TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
 THE COMMISSIONER UNDER SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE
 SHALL BE  DEPOSITED  AND  DISPOSED  INTO  THE  CORPORATE  TRANSPORTATION
 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 SUBDIVI-
 SION FOUR OF SUCH SECTION.
   (C) ALL TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR  RECEIVED  BY
 THE COMMISSIONER UNDER SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTI-
 CLE  SHALL  BE  DEPOSITED  AND  DISPOSED  INTO THE PUBLIC TRANSPORTATION
 SYSTEMS OPERATING ASSISTANCE  ACCOUNT  ESTABLISHED  BY  SECTION  EIGHTY-
 EIGHT-A OF THE STATE FINANCE LAW.
   §  11.  Subdivision 1 of section 171-a of the tax law, as amended by a
 chapter of the laws of 2021 amending  the  insurance  law,  the  general
 business  law,  the  tax law and the vehicle and traffic law relating to
 enacting the peer-to-peer car sharing program act, as proposed in legis-
 lative bills numbers S. 6715 and  A.  2349-A,  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-EIGHT-D (EXCEPT AS OTHERWISE PROVIDED IN SECTION
 ELEVEN HUNDRED NINETY-SEVEN, 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 responsible banks, banking houses or trust companies as may be
 S. 7838                            34
 
 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 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 comptroller's hands such amount as  the  commissioner  may
 determine to be necessary for refunds or reimbursements under such arti-
 cles  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 pursuant to subdivision five of section one hundred  seventy-one-d
 and  subdivision  six of section one hundred seventy-one-e of this arti-
 cle, (iii) and except further that, notwithstanding any law,  the  comp-
 troller  shall  credit  to  the  revenue  arrearage account, pursuant to
 section ninety-one-a of the state finance law, that amount  of  overpay-
 ment  of  tax imposed by article nine, nine-A, twenty-two, thirty, thir-
 ty-A, thirty-B or thirty-three of this chapter, and any interest  there-
 on,  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 credit to  the  special  offset  fiduciary  account,  pursuant  to
 section  ninety-one-c of the state finance law, any such amount credita-
 ble as a liability 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 commission-
 er  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  arti-
 cle twenty-two of this chapter and the interest on such amount which has
 been credited pursuant to section one hundred seventy-one-c, one hundred
 S. 7838                            35
 
 seventy-one-d,  one  hundred seventy-one-e, one hundred seventy-one-f or
 one hundred seventy-one-l of this article and which is certified to  the
 comptroller  by  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 corpo-
 ration, 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.
   §  12.  Subdivision  (c) of section 1160 of the tax law, as added by a
 chapter of the laws of 2021 amending  the  insurance  law,  the  general
 business  law,  the  tax law and the vehicle and traffic law relating to
 enacting the peer-to-peer car sharing program act, as proposed in legis-
 lative bills numbers S. 6715 and  A.  2349-A,  is  amended  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]  TAXES  set
 forth in article [twenty-nine-D] TWENTY-EIGHT-D of this chapter.
   §  13. Subdivision (c) of section 1166-a of the tax law, as added by a
 chapter of the laws of 2021 amending  the  insurance  law,  the  general
 business  law,  the  tax law and the vehicle and traffic law relating to
 enacting the peer-to-peer car sharing program act, as proposed in legis-
 lative bills numbers S. 6715 and  A.  2349-A,  is  amended  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]  TAXES  set
 forth in article [twenty-nine-D] TWENTY-EIGHT-D of this chapter.
   §  14. Subdivision (c) of section 1166-b of the tax law, as added by a
 chapter of the laws of 2021 amending  the  insurance  law,  the  general
 business  law,  the  tax law and the vehicle and traffic law relating to
 enacting the peer-to-peer car sharing program act, as proposed in legis-
 lative bills numbers S. 6715 and  A.  2349-A,  is  amended  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]  TAXES  set
 forth in article [twenty-nine-D] TWENTY-EIGHT-D of this chapter.
   §  15. Section 14 of a chapter of the laws of 2021 amending the insur-
 ance law, the general business law, the tax  law  and  the  vehicle  and
 traffic  law  relating  to enacting the peer-to-peer car sharing program
 act, as proposed in legislative bills numbers S. 6715 and A. 2349-A,  is
 amended to read as follows:
   § 14. This act shall take effect on the [ninetieth] ONE HUNDRED EIGHT-
 IETH  day  after  it  shall  have  become a law; PROVIDED, HOWEVER, THAT
 SECTIONS FOUR, FIVE, SIX, SEVEN, EIGHT AND NINE OF THIS ACT  SHALL  TAKE
 EFFECT ON THE FIRST DAY OF THE SALES TAX QUARTER NEXT SUCCEEDING THE ONE
 S. 7838                            36

 HUNDRED  EIGHTIETH DAY AFTER THIS ACT SHALL HAVE BECOME A LAW. EFFECTIVE
 IMMEDIATELY, THE ADDITION, AMENDMENT AND/OR REPEAL OF ANY RULE OR  REGU-
 LATION  NECESSARY  FOR  THE  IMPLEMENTATION OF THIS ACT ON ITS EFFECTIVE
 DATE ARE AUTHORIZED TO BE MADE AND COMPLETED ON OR BEFORE SUCH EFFECTIVE
 DATE.
   §  16.  This  act  shall  take  effect immediately, provided, however,
 sections one, two, three, four, five,  six,  seven,  eight,  nine,  ten,
 eleven,  twelve,  thirteen and fourteen of this act shall take effect on
 the same date and in the same manner as a chapter of the  laws  of  2021
 amending  the  insurance  law, the general business law, the tax law and
 the vehicle and traffic law relating to enacting  the  peer-to-peer  car
 sharing  program  act,  as proposed in legislative bills numbers S. 6715
 and A. 2349-A, takes effect.