S T A T E O F N E W Y O R K
________________________________________________________________________
9516--A
Cal. No. 1263
I N S E N A T E
May 16, 2024
___________
Introduced by Sens. COMRIE, BAILEY, CLEARE, FERNANDEZ, MYRIE, PALUMBO,
PARKER -- read twice and ordered printed, and when printed to be
committed to the Committee on Insurance -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the vehicle and traffic law, in relation to risk
retention groups and commuter vans, pre-arranged for-hire vehicles, or
accessible vehicles; and to amend chapter 438 of the laws of 2023,
amending the insurance law and the vehicle and traffic law relating to
owner's policies of liability insurance issued by a risk retention
group not chartered within this state, in relation to certain risk
retention groups not chartered in this state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (b) and (c) of subdivision 4 of section 311 of
the vehicle and traffic law, as amended by chapter 14 of the laws of
2024, are amended and a new subdivision 11 is added to read as follows:
(b) In the case of a vehicle registered in this state, a policy issued
by (i) an insurer duly authorized to transact business in this state
[or]; (ii) where a vehicle is registered by a not-for-profit organiza-
tion that is tax-exempt under section 501(c)(3) of the federal internal
revenue code, a risk retention group not chartered in this state but
which is registered with the superintendent under the federal liability
risk retention act of 1986, comprised entirely of organizations that are
tax-exempt under section 501(c)(3) of the federal internal revenue code
and where the risk retention group qualifies as a charitable risk pool
under section 501(n) of the federal internal revenue code, provided that
the vehicle being registered does not have a seating capacity of more
than fifteen passengers, is not a limousine or luxury limousine, and
where such vehicles are not solely for personal use by a director, offi-
cer, authorized person, or key person, their relatives or related
parties; OR (III) WHERE A VEHICLE IS A COMMUTER VAN, PRE-ARRANGED FOR-
HIRE VEHICLE, OR ACCESSIBLE VEHICLE, A RISK RETENTION GROUP NOT CHAR-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15592-02-4
S. 9516--A 2
TERED IN THIS STATE BUT WHICH IS REGISTERED WITH THE SUPERINTENDENT
UNDER THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986, PROVIDED THAT
THE VEHICLE BEING REGISTERED IS NOT USED SOLELY FOR PERSONAL USE BY A
DIRECTOR, OFFICER, AUTHORIZED PERSON, OR KEY PERSON, THEIR RELATIVES OR
RELATED PARTIES; or
(c) In the case of a vehicle lawfully registered in another state, or
in both this state and another state, (i) a policy issued by an author-
ized insurer[,]; or (ii) where a vehicle is registered by a not-for-pro-
fit organization that is tax-exempt under section 501(c)(3) of the
federal internal revenue code, a risk retention group not chartered in
this state but which is registered with the superintendent under the
federal liability risk retention act of 1986, comprised entirely of
organizations that are tax-exempt under section 501(c)(3) of the federal
internal revenue code and where the risk retention group qualifies as a
charitable risk pool under section 501(n) of the federal internal reven-
ue code, provided that the vehicle being registered does not have a
seating capacity of more than fifteen passengers, is not a limousine or
luxury limousine, and where such vehicles are not solely for personal
use by a director, officer, authorized person, or key person, their
relatives or related parties[,]; or (iii) a policy issued by an unau-
thorized insurer authorized to transact business in another state if
such unauthorized insurer files with the commissioner in form to be
approved by them a statement consenting to service of process and
declaring its policies shall be deemed to be varied to comply with the
requirements of this article; OR (IV) WHERE A VEHICLE IS A COMMUTER VAN,
PRE-ARRANGED FOR-HIRE VEHICLE, OR ACCESSIBLE VEHICLE, A RISK RETENTION
GROUP NOT CHARTERED IN THIS STATE BUT WHICH IS REGISTERED WITH THE
SUPERINTENDENT UNDER THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986,
PROVIDED THAT THE VEHICLE BEING REGISTERED IS NOT USED SOLELY FOR
PERSONAL USE BY A DIRECTOR, OFFICER, AUTHORIZED PERSON, OR KEY PERSON,
THEIR RELATIVES OR RELATED PARTIES; and
11. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "COMMUTER VAN" SHALL MEAN A COMMUTER VAN SERVICE AS SUCH TERM IS
DEFINED IN SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK.
(B) "PRE-ARRANGED FOR-HIRE VEHICLE" SHALL MEAN A MOTOR VEHICLE THAT IS
USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION ON A
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 THIS CHAPTER TRANSPORTING
PASSENGERS FOR COMPENSATION, BUT SHALL NOT INCLUDE HIGH-VOLUME FOR-HIRE
SERVICES OR LUXURY LIMOUSINES AS DEFINED IN SECTION 19-502 OF THE ADMIN-
ISTRATIVE CODE OF THE CITY OF NEW YORK, NOR SHALL IT INCLUDE TNC VEHI-
CLES REGULATED AND INSURED PURSUANT TO ARTICLE FORTY-FOUR-B OF THIS
CHAPTER OR LIMOUSINES.
(C) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
(I) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT OF 1990, AS AMENDED, AND THE REGULATIONS PROMULGATED
THEREUNDER;
(II) IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE WHEEL-
CHAIRS, ELECTRICALLY-DRIVEN MOBILITY ASSISTANCE DEVICES, ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES, SCOOTERS, OR OTHER MOBILITY AIDS
S. 9516--A 3
WHILE THEY REMAIN SEATED IN THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBIL-
ITY AIDS;
(III) 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;
(IV) IS EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (1) BRAILLE; AND
(2) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
VISION;
(V) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
(VI) 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;
(VII) SHALL INCLUDE, BUT NOT BE LIMITED TO, "AMBULETTE" WHICH SHALL
HAVE THE SAME MEANING SET FORTH IN 17 NYCRR PART 720.8 OR "PARATRANSIT
VEHICLE" 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.
§ 2. The opening paragraph and the second undesignated paragraph of
subdivision 1 of section 370 of the vehicle and traffic law, the opening
paragraph as amended by chapter 14 of the laws of 2024 and the second
undesignated paragraph as amended by section 1 of part ZZ of chapter 59
of the laws of 2021, are amended to read as follows:
Every person, firm, association or corporation engaged in the business
of carrying or transporting passengers for hire in any motor vehicle or
motorcycle, except street cars, and motor vehicles or motorcycles owned
and operated by a municipality, and except as otherwise provided in this
section, which shall be operated over, upon or along any public street
or highway of the state of New York shall file with the commissioner [of
motor vehicles] for each motor vehicle or motorcycle intended to be so
operated evidence, in such form as the commissioner may prescribe, of a
corporate surety bond or a policy of insurance: (a) approved as to form
by the superintendent of financial services in a company authorized to
do business in the state, approved by the superintendent as to solvency
and responsibility; [or] (b) where a vehicle is registered by a not-for-
profit organization that is tax-exempt under section 501(c)(3) of the
federal internal revenue code, a risk retention group not chartered in
this state but which is registered with the superintendent of financial
services under the federal liability risk retention act of 1986,
comprised entirely of organizations that are tax-exempt under section
501(c)(3) of the federal internal revenue code and where the risk
retention group qualifies as a charitable risk pool under section 501(n)
of the federal internal revenue code, provided that the vehicle being
registered does not have a seating capacity of more than fifteen passen-
gers, is not a limousine or luxury limousine, and where such vehicles
are not solely for personal use by a director, officer, authorized
person, or key person, their relatives or related parties; OR (C) WHERE
A VEHICLE IS A COMMUTER VAN, PRE-ARRANGED FOR-HIRE VEHICLE, OR ACCESSI-
BLE VEHICLE, A RISK RETENTION GROUP NOT CHARTERED IN THIS STATE BUT
WHICH IS REGISTERED WITH THE SUPERINTENDENT OF FINANCIAL SERVICES UNDER
THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986, PROVIDED THAT THE
VEHICLE BEING REGISTERED IS NOT USED SOLELY FOR PERSONAL USE BY A DIREC-
TOR, OFFICER, AUTHORIZED PERSON, OR KEY PERSON, THEIR RELATIVES OR
RELATED PARTIES. Such surety bond or policy of insurance shall be condi-
S. 9516--A 4
tioned for the payment of a minimum sum, hereinafter called minimum
liability, on a judgment or judgments for damages, including damages for
care and loss of services, because of bodily injury to, or death of any
one person in any one accident, and subject to such minimum liability a
maximum sum, hereinafter called maximum liability on a judgment or judg-
ments for damages, including damages for care and loss of services
because of bodily injury to, or death of two or more persons in any one
accident and for the payment of a minimum sum, called minimum liability
on all judgments for damages because of injury to or destruction of
property of others in any one accident, recovered against such person,
firm, association or corporation upon claims arising out of the same
transaction or transactions connected with the same subject of action,
to be apportioned ratably among the judgment creditors according to the
amount of their respective judgments for damage or injury caused in the
operation, maintenance, use or the defective construction of such motor
vehicle or motorcycle as follows:
For damages for and incident to death or injuries to persons and inju-
ry to or destruction of property: For each motorcycle and for each motor
vehicle engaged in the business of carrying or transporting passengers
for hire, having a seating capacity of not more than seven passengers, a
bond or insurance policy with a minimum liability of twenty-five thou-
sand dollars and a maximum liability of fifty thousand dollars for bodi-
ly injury, and a minimum liability of fifty thousand dollars and a maxi-
mum liability of one hundred thousand dollars for death and a minimum
liability of ten thousand dollars for injury to or destruction of prop-
erty; for each motor vehicle engaged in the business of carrying or
transporting passengers for hire, having a seating capacity of not less
than eight passengers, a bond or insurance policy with a combined single
limit of at least one million five hundred thousand dollars for bodily
injury or death to one or more persons, and because of injury to or
destruction of property in any one accident; provided, further that for
commuter vans that are engaged in the business of carrying or transport-
ing passengers for hire, having a seating capacity of not less than
eight passengers, a bond or insurance policy with a combined single
limit of at least five hundred thousand dollars for bodily injury or
death to one or more persons, and because of injury to or destruction of
property in any one accident. For the purposes of this paragraph, the
term "commuter van" shall have the same meaning as such term is defined
in section 19-502 of the administrative code of the city of New York.
FOR PURPOSES OF SUBPARAGRAPH (C) OF THE OPENING PARAGRAPH OF THIS SUBDI-
VISION, THE TERM "PRE-ARRANGED FOR-HIRE VEHICLE" AND "ACCESSIBLE VEHI-
CLE" SHALL HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVI-
SION ELEVEN OF SECTION THREE HUNDRED ELEVEN OF THIS CHAPTER. PROVIDED
ADDITIONALLY, THAT FOR RISK RETENTION GROUP POLICIES PROVIDING NO FAULT
INSURANCE RELATED TO COMMUTER VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND
ACCESSIBLE VEHICLES, SUCH RISK RETENTION GROUP SHALL RELY ON THE MEDICAL
TREATMENT GUIDELINES PROMULGATED IN EXISTING WORKERS' COMPENSATION LAW.
§ 3. Section 6-a of chapter 438 of the laws of 2023, amending the
insurance law and the vehicle and traffic law relating to owner's poli-
cies of liability insurance issued by a risk retention group not char-
tered within this state, as added by chapter 14 of the laws of 2024, is
amended to read as follows:
§ 6-a. Pursuant to 15 U.S. Code 3902(a)(1)(E) any risk retention
group not chartered in this state but which is registered with the
superintendent of financial services under the federal liability risk
retention act of 1986, [comprised entirely of organizations that are
S. 9516--A 5
tax-exempt under section 501(c)(3) of the federal internal revenue code
and where the risk retention group qualifies as a charitable risk pool
under section 501(n) of the federal internal revenue code,] COMPRISED
ENTIRELY OF ORGANIZATIONS THAT HAVE POLICIES ISSUED PURSUANT TO RISK
RETENTION GROUPS ESTABLISHED PURSUANT TO CHAPTER 14 OF THE LAWS OF 2024
OR THE CHAPTER OF THE LAWS OF 2024 WHICH AMENDED THIS SECTION shall
report to the department of financial services any examination, audit,
or other investigation, performed by another state's insurance commis-
sioner and its findings, including any enforcement actions filed or
settlements entered into, within 60 days to avoid unjustified dupli-
cation and unjustified repetition of such act.
§ 4. This act shall take effect immediately.
