S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9099
 
                           I N  A S S E M B L Y
 
                             February 7, 2024
                                ___________
 
 Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance law, in relation to establishing a captive
   insurance  program for commuter vans, black cars, ambulettes and para-
   transit vehicles, and small school buses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The insurance law is amended by adding a new section 7013
 to read as follows:
   § 7013. CAPTIVE INSURANCE  PROGRAM  FOR  COMMUTER  VANS,  PRE-ARRANGED
 FOR-HIRE  VEHICLES,  AND  ACCESSIBLE  VEHICLES.   (A) THE SUPERINTENDENT
 SHALL UTILIZE AND IMPLEMENT A CAPTIVE  INSURANCE  PROGRAM  FOR  COMMUTER
 VANS,  PRE-ARRANGED  FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES THAT ARE
 ENGAGED IN THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS FOR HIRE.
 THE PROGRAM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (1) IDENTIFYING AND LICENSING A CAPTIVE INSURANCE COMPANY OR COMPANIES
 TO PROVIDE NECESSARY INSURANCE COVERAGE TO COMMUTER  VANS,  PRE-ARRANGED
 FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES;
   (2)  STANDARDS  FOR ENROLLMENT OF ELIGIBLE COMMUTER VANS, PRE-ARRANGED
 FOR-HIRE VEHICLES, AND  ACCESSIBLE  VEHICLES  INCLUDING  MECHANISMS  FOR
 DETERMINING ELIGIBILITY; AND
   (3) STANDARDS FOR MONITORING THE PERFORMANCE OF SUCH CAPTIVE INSURANCE
 COMPANY  OR  COMPANIES  IN  PROVIDING  AFFORDABLE  INSURANCE COVERAGE TO
 COMMUTER VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND  ACCESSIBLE  VEHICLES
 PARTICIPATING IN THE PROGRAM PURSUANT TO SUBSECTION (C) OF THIS SECTION.
   (B)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (1) "COMMUTER VAN" SHALL MEAN A COMMUTER VAN SERVICE HAVING A  SEATING
 CAPACITY  OF NINE PASSENGERS BUT NOT MORE THAN TWENTY-FOUR PASSENGERS OR
 SUCH GREATER CAPACITY AS THE SUPERINTENDENT MAY ESTABLISH  BY  RULE  AND
 CARRYING PASSENGERS FOR HIRE. THE TERM "COMMUTER VAN" SHALL INCLUDE, BUT
 NOT BE LIMITED TO, SHUTTLES AND TRANSPORTATION VANS.
   (2) "PRE-ARRANGED FOR-HIRE VEHICLE" SHALL MEAN A MOTOR VEHICLE THAT IS
 USED  IN  THE  BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION ON A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09645-03-4
 A. 9099                             2
 
 PRE-ARRANGED BASIS, AND OPERATED IN SUCH BUSINESS  UNDER  A  LICENSE  OR
 PERMIT ISSUED BY A LICENSING JURISDICTION.  SUCH TERM SHALL INCLUDE, BUT
 NOT  BE  LIMITED  TO, SMALL SCHOOL BUSES PURSUANT TO SECTION ONE HUNDRED
 FORTY-TWO OR SIXTEEN HUNDRED FORTY-TWO-A OF THE VEHICLE AND TRAFFIC LAW.
 THE  TERM  "PRE-ARRANGED  FOR-HIRE  VEHICLE"  SHALL APPLY TO VEHICLES AS
 DEFINED IN THIS PARAGRAPH REGARDLESS OF ANY OTHER PROVISION OF LOCAL LAW
 OR RULE DEFINING OR DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH  AS
 SCHOOL BUS, CHARTER BUS, LIVERY, TAXI, BLACK CAR, OR LUXURY LIMOUSINE.
   (3) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
   (A) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
 DISABILITIES  ACT  OF  1990, AS AMENDED, AND THE REGULATIONS PROMULGATED
 THEREUNDER;
   (B) IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT  OR
 ALTERATION,  SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE WHEEL-
 CHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS WHILE  THEY  REMAIN  SEATED  IN
 THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
   (C)  IS  EQUIPPED  WITH AN ASSISTIVE LISTENING SYSTEM FOR PERSONS WITH
 HEARING IMPAIRMENTS THAT IS CONNECTED WITH ANY INTERCOM, VIDEO OR  AUDIO
 SYSTEM,  WHEN  SUCH  A  SYSTEM  IS INSTALLED OR DESIGNED AND APPROVED TO
 PROVIDE SERVICE TO PERSONS WITH DISABILITIES;
   (D) IS EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (I)  BRAILLE;  AND
 (II) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
 VISION;
   (E) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
   (F)  IF POWERED BY A HYBRID-ELECTRIC MOTOR, IS EQUIPPED WITH AN APPRO-
 PRIATE DEVICE TO ENABLE PERSONS WHO ARE BLIND TO HEAR  THE  APPROACH  OF
 THE  VEHICLE AS READILY AS THEY CAN HEAR A CONVENTIONAL GASOLINE-POWERED
 VEHICLE;
   (G) SHALL INCLUDE, BUT NOT BE LIMITED TO, "AMBULETTE" WHICH SHALL HAVE
 THE SAME MEANING SET FORTH IN 17 NYCRR PART 720.8 OR "PARATRANSIT" VEHI-
 CLE WHICH MEANS A SPECIAL-PURPOSE  VEHICLE,  DESIGNED  AND  EQUIPPED  TO
 PROVIDE  NONEMERGENCY  TRANSPORT, THAT HAS WHEELCHAIR-CARRYING CAPACITY,
 STRETCHER-CARRYING CAPACITY, OR THE ABILITY TO CARRY DISABLED PERSONS AS
 DEFINED IN SECTION FIFTEEN-B OF THE TRANSPORTATION LAW.
   (C) INSURANCE COMPANIES SHALL MAINTAIN REQUIREMENTS, INCLUDING BUT NOT
 LIMITED TO: $500,000 COMBINED  SINGLE  LIMITS  (CSL);  $50,000  PERSONAL
 INJURY PROTECTION (PIP) (BASIC); AND  $25,000/$50,000 UNINSURED MOTORIST
 COVERAGE  (UM/UIM).    IN  ADDITION,  ALL  NO FAULT INSURANCE RELATED TO
 COMMUTER VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND  ACCESSIBLE  VEHICLES
 INSURED  IN  THIS  PROGRAM WILL RELY ON THE MEDICAL TREATMENT GUIDELINES
 PROMULGATED IN EXISTING WORKERS' COMPENSATION LAW.
   § 2. This act shall take effect immediately.