Assembly Bill A9365

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9365
 
                           I N  A S S E M B L Y
 
                               March 6, 2024
                                ___________
 
 Introduced by M. of A. SOLAGES, SEPTIMO -- read once and referred to the
   Committee on Insurance
 
 AN  ACT  to amend the insurance law, in relation to prohibiting insurers
   from refusing to renew a policy on certain automobiles used for volun-
   teer social service transportation; and to amend the vehicle and traf-
   fic law, in relation to distinguishing automobiles used for  volunteer
   social  service  transportation  from  transportation  company network
   vehicles and livery vehicles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (s)  of section 3425 of the insurance law, as
 added by chapter 408 of the laws of 2011, is amended to read as follows:
   (s) With respect to automobile insurance[,]:
   (1) no insurer shall refuse to issue or renew a covered  individually-
 owned  private  passenger policy solely on the [ground] GROUNDS that the
 motor vehicle to be insured under such policy shall be used  for  volun-
 teer  firefighting  OR FOR PERFORMING VOLUNTEER SERVICES FOR A NONPROFIT
 CHARITABLE ORGANIZATION OR GOVERNMENTAL AGENCY CONSISTING  OF  PROVIDING
 SOCIAL SERVICE TRANSPORTATION; AND
   (2)  NO  INSURER  MAY  IMPOSE  A  SURCHARGE  OR INCREASE PREMIUMS WITH
 RESPECT TO A COVERED INDIVIDUALLY-OWNED PRIVATE PASSENGER POLICY  SOLELY
 ON  THE  GROUNDS  THAT THE MOTOR VEHICLE TO BE INSURED UNDER SUCH POLICY
 SHALL BE USED FOR PERFORMING VOLUNTEER SERVICES FOR A NONPROFIT CHARITA-
 BLE ORGANIZATION OR GOVERNMENTAL AGENCY CONSISTING OF  PROVIDING  SOCIAL
 SERVICE TRANSPORTATION.
   §  2.  Paragraphs (vii) and (viii) of subdivision 1 of section 1691 of
 the vehicle and traffic law, as added by section 2 of part AAA of  chap-
 ter 59 of the laws of 2017, are amended to read as follows:
   (vii)  any  motor vehicle having a seating capacity of more than seven
 passengers; [and]
   (viii) any motor vehicle subject to section three hundred  seventy  of
 this chapter; AND
   (IX)  ANY  INDIVIDUALLY-OWNED PRIVATE PASSENGER MOTOR VEHICLE USED FOR
 PERFORMING VOLUNTEER SERVICES FOR A NONPROFIT CHARITABLE ORGANIZATION OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14480-01-4
 A. 9365                             2
 
 GOVERNMENTAL AGENCY CONSISTING OF PROVIDING SOCIAL  SERVICE  TRANSPORTA-
 TION.
   § 3. Section 121-e of the vehicle and traffic law, as added by chapter
 15 of the laws of 1983, is amended to read as follows:
   § 121-e. Livery.  Every  motor vehicle, other than a taxicab or a bus,
 used in the business of transporting passengers for compensation. Howev-
 er, it shall not include:
   1. vehicles which are rented or leased without a driver; OR
   2. ANY INDIVIDUALLY-OWNED PRIVATE PASSENGER  MOTOR  VEHICLE  USED  FOR
 PERFORMING VOLUNTEER SERVICES FOR A NONPROFIT CHARITABLE ORGANIZATION OR
 GOVERNMENTAL  AGENCY  CONSISTING OF PROVIDING SOCIAL SERVICE TRANSPORTA-
 TION.
   § 4.  This act shall take effect on the thirtieth day after  it  shall
 have  become  a law; provided that the provisions of section one of this
 act shall apply to insurance policies issued or delivered on  and  after
 such effective date.