S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6576--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN,  ANDERSON,  ALVAREZ,  CRUZ, JACKSON,
   DE LOS SANTOS,  RIVERA,  TAPIA,  CUNNINGHAM,  MEEKS,  BERGER,  TORRES,
   WRIGHT,  DAIS,  BLANKENBUSH,  TAYLOR,  REYES,  LUCAS  -- read once and
   referred to the  Committee  on  Consumer  Affairs  and  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business  law  and  the  insurance  law,  in
   relation  to  requiring  peer-to-peer  car  sharing  programs  provide
   certain insurance coverage
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 901 of the general business law,
 as amended by chapter 129 of the laws of 2022, is  amended  to  read  as
 follows:
   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 THE DEFINITION OF  "OWNERS'  POLICY  OF
 LIABILITY INSURANCE" IN SUBDIVISION FOUR OF SECTION THREE HUNDRED ELEVEN
 OF THE VEHICLE AND TRAFFIC LAW;
   (B)  PROVIDE INSURANCE COVERAGE THAT SATISFIES THE FINANCIAL RESPONSI-
 BILITY REQUIREMENTS SET FORTH IN section  three  thousand  four  hundred
 twenty  of the insurance law, article fifty-one of the insurance law and
 such other requirements, rules or regulations that  may  apply  for  the
 purposes  of  satisfying  the financial responsibility requirements with
 respect to the use or operation of a motor vehicle;
   [(b) maintain additional insurance against  loss  from  the  liability
 imposed  by  law  for  damages  during the car sharing period, including
 damages for care and loss of services, because of bodily  injury  to  or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10425-04-5
              

 A. 6576--A                          2

 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;
   (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)] (C) the insurance required under this  subdivision  need  not  be
 coterminous  with the registration period of the shared vehicle insured;
 and
   [(e)] (D) 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.
   § 2. Section 901 of the general business law is amended by adding  two
 new subdivisions 8 and 9 to read as follows:
   8.  FOR EACH PEER-TO-PEER CAR SHARING PERIOD, A PEER-TO-PEER CAR SHAR-
 ING PROGRAM ADMINISTRATOR SHALL:
   (A) EITHER PROVIDE THE SHARED VEHICLE OWNER WITH ADDITIONAL  LIABILITY
 INSURANCE  OR  PROVIDE  THE SHARED VEHICLE OWNER WITH THE OPPORTUNITY TO
 PURCHASE ADDITIONAL LIABILITY INSURANCE PURSUANT TO SUBPARAGRAPH (A)  OF
 PARAGRAPH  ONE  OF  SUBSECTION  (D)  OF SECTION TWO THOUSAND ONE HUNDRED
 THIRTY-ONE OF THE INSURANCE LAW; AND
   (B) EITHER PROVIDE THE SHARED VEHICLE DRIVER WITH ADDITIONAL LIABILITY
 INSURANCE OR PROVIDE THE SHARED VEHICLE DRIVER WITH THE  OPPORTUNITY  TO
 PURCHASE  ADDITIONAL LIABILITY INSURANCE PURSUANT TO SUBPARAGRAPH (A) OF
 PARAGRAPH ONE OF SUBSECTION (D) OF  SECTION  TWO  THOUSAND  ONE  HUNDRED
 THIRTY-ONE OF THE INSURANCE LAW.
   9.  FOR EACH PEER-TO-PEER CAR SHARING PERIOD, A PEER-TO-PEER CAR SHAR-
 ING ADMINISTRATOR MAY OFFER THE SHARED VEHICLE OWNER OR THE SHARED DRIV-
 ER THE OPPORTUNITY TO PURCHASE ADDITIONAL INSURANCE COVERAGES  DESCRIBED
 IN  SUBPARAGRAPH  (B),  (C) OR (D) OF PARAGRAPH ONE OF SUBSECTION (D) OF
 SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THE INSURANCE LAW.
   § 3. Subdivision 1 of section 905 of  the  general  business  law,  as
 amended  by  chapter  129  of  the  laws  of 2022, is amended to read as
 follows:
   1. Each peer-to-peer car sharing program agreement made in 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]
 A. 6576--A                          3
 
   (b) an emergency telephone number  to  contact  personnel  capable  of
 providing  roadside  assistance  and  handling  other  customer  service
 inquiries;
   (C)  THE  COVERAGE,  LIMITS,  AND  EXCLUSIONS  THAT  THE  GROUP POLICY
 PROVIDES;
   (D) A DESCRIPTION OF THE ADDITIONAL INSURANCE COVERAGES THAT THE PEER-
 TO-PEER CAR SHARING PROGRAM ADMINISTRATOR PROVIDES OR OFFERS PURSUANT TO
 SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THE INSURANCE LAW;
   (E) A STATEMENT THAT FOR EACH PEER-TO-PEER CAR SHARING PERIOD, A PEER-
 TO-PEER CAR SHARING PROGRAM ADMINISTRATOR MUST EITHER PROVIDE ADDITIONAL
 LIABILITY INSURANCE OR OFFER THE SHARED VEHICLE OWNER AND SHARED VEHICLE
 DRIVER WITH THE OPPORTUNITY TO PURCHASE ADDITIONAL  LIABILITY  INSURANCE
 PURSUANT  TO  SUBPARAGRAPH  (A)  OF  PARAGRAPH  ONE OF SUBSECTION (D) OF
 SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THE INSURANCE LAW; AND
   (F) A STATEMENT DESCRIBING ANY ADDITIONAL INSURANCE  THAT  A  PEER-TO-
 PEER  CAR  SHARING ADMINISTRATOR MAY PROVIDE A SHARED VEHICLE OWNER OR A
 SHARED VEHICLE DRIVER WITH  THE  OPPORTUNITY  TO  PURCHASE  PURSUANT  TO
 SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THE INSURANCE LAW.
   §  4.  Section 2131 of the insurance law, as amended by chapter 582 of
 the laws of 2023, the section heading, subsections (a), (d),  (e),  (f),
 (h)  and  (i)  as amended by chapter 368 of the laws of 2010, subsection
 (g) as amended by chapter 426 of the laws of 2005, is amended to read as
 follows:
   § 2131. Limited license for rental vehicle companies, PEER-TO-PEER CAR
 SHARING  PROGRAM  ADMINISTRATORS,  wireless   communications   equipment
 vendors  and  self-service storage companies. (a) The superintendent may
 issue to a rental vehicle company, A PEER-TO-PEER  CAR  SHARING  PROGRAM
 ADMINISTRATOR,  a  wireless communications equipment vendor, a self-ser-
 vice storage company or to a franchisee of a rental vehicle  company,  a
 wireless  communications  equipment  vendor,  or  a self-service storage
 company which has complied with the  requirements  of  this  section,  a
 limited  license authorizing the licensee, known as a "limited licensee"
 for the purpose of this article, to act as agent, with reference to  the
 kinds  of insurance specified in this section, of any insurer authorized
 to write such kinds of insurance in this state.
   (b) The prerequisites for issuance of a  limited  license  under  this
 section shall be the filing with the superintendent of the following:
   (1)  an  application,  signed  by an officer of the applicant, for the
 limited license in such form or  forms,  and  supplements  thereto,  and
 containing such information, as the superintendent may prescribe; and
   (2) an appointment of a limited licensee by the appointing insurer, in
 a format approved by the superintendent, no more than fifteen days after
 the date the agency contract is executed or the first insurance contract
 is  submitted,  whichever is later, stating that it has satisfied itself
 that the named applicant is trustworthy and  competent  to  act  as  its
 insurance  agent  for  this  limited  purpose  and that the insurer will
 appoint such applicant to act as the agent in reference to the doing  of
 such  kind or kinds of insurance which are permitted by this section, if
 the limited license applied for is issued by  the  superintendent.  Such
 appointment  shall be subscribed by an officer or managing agent of such
 insurer and affirmed as true under the penalties of perjury.
   (c) In the event that any provision of this chapter is  violated,  the
 superintendent may:
   (1)  revoke  or suspend a limited license issued under this section in
 accordance with the provisions of section two thousand one  hundred  ten
 of this article; or
 A. 6576--A                          4
 
   (2)  after  notice  and hearing impose such other penalties, including
 suspending the transaction of  insurance  at  specific  locations  where
 violations  of  this  article have occurred, as the superintendent deems
 necessary or convenient to carry out the purposes of this section.
   (d)  The  rental  vehicle  company,  PEER-TO-PEER  CAR SHARING PROGRAM
 ADMINISTRATOR, wireless communications equipment vendor, or self-service
 storage company, or franchisee licensed pursuant to  subsection  (a)  of
 this  section  may  act  as  agent  for  an  authorized  insurer only in
 connection with the rental of motor vehicles, THE SHARING  OF  A  SHARED
 VEHICLE, the sale or offering for sale of wireless communications equip-
 ment,  or  the  rental  of  storage  space,  respectively, and only with
 respect to the following kinds of insurance:
   (1) with respect to rental  vehicle  companies  AND  PEER-TO-PEER  CAR
 SHARING PROGRAM ADMINISTRATORS:
   (A)  excess  liability  insurance that provides coverage to the rental
 car company or franchisee and renters and other  authorized  drivers  of
 rental vehicles, OR THAT PROVIDES COVERAGE TO THE PEER-TO-PEER CAR SHAR-
 ING  PROGRAM  ADMINISTRATOR,  SHARED  VEHICLES OWNERS, OR SHARED VEHICLE
 DRIVERS, OR A COMBINATION THEREOF, in excess of the  standard  liability
 limits provided by the rental vehicle company in its rental agreement OR
 THE PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT PURSUANT TO ARTICLE FORTY
 OF  THE  GENERAL  BUSINESS LAW, for liability arising from the negligent
 operation of the rental vehicle OR THE SHARED VEHICLE;
   (B) accident and health insurance that provides  coverage  to  renters
 and other vehicle occupants, in excess to the standard first party bene-
 fits  provided  pursuant to article fifty-one of this chapter, for acci-
 dental death and/or dismemberment and  for  medical  expenses  resulting
 from  an  accident  that  occurs  during the rental period OR DURING THE
 PEER-TO-PEER CAR SHARING PERIOD;
   (C) personal effects insurance that provides coverage to  renters  and
 other  vehicle  occupants  OR TO SHARED VEHICLE OWNERS OR SHARED VEHICLE
 DRIVERS, OR A COMBINATION THEREOF, AND OTHER VEHICLE OCCUPANTS, for  the
 loss  of,  or  damage to, personal effects that occurs during the rental
 period OR PEER-TO-PEER CAR SHARING PERIOD;
   (D) any other coverage [which] THAT the superintendent may approve  as
 meaningful  and appropriate in connection with the rental of motor vehi-
 cles; or
   (2) with respect to wireless communications equipment vendors,  insur-
 ance issued to cover the loss, theft, mechanical failure, or malfunction
 of, or damage to, wireless communications equipment offered as either an
 individual  policy  issued  to  the  consumer or as a group policy under
 which certificates or other evidence of coverage are issued to  individ-
 ual  consumers  who  enroll  in the program, provided however, that said
 insurance shall not extend to wireless  services  or  service  contracts
 governed by article seventy-nine of this chapter; or
   (3)  with  respect  to  self-service  storage companies, the following
 coverages offered as either an individual policy issued to the  consumer
 or as a group policy:
   (A)  personal  effects  insurance that provides coverage to renters of
 storage spaces at the self-service storage company's  facility  for  the
 loss  of,  or damage to, personal property stored at the facility, where
 the loss or damage occurs at the same facility during the rental period;
   (B) any other coverage that the superintendent may approve as meaning-
 ful and appropriate in connection with the rental of storage space.
   (e) No insurance may be issued pursuant to this section unless:
 A. 6576--A                          5
 
   (1) with regard to the rental of vehicles only, the rental  period  of
 the rental agreement does not exceed thirty consecutive days; and
   (2) at every location where rental vehicle agreements, wireless commu-
 nications  equipment  agreements, or self-service storage agreements are
 executed, brochures or other written materials are readily available  to
 the  prospective consumer, AND WITH REGARD TO A PEER-TO-PEER CAR SHARING
 PROGRAM ADMINISTRATOR, THE  ADMINISTRATOR  PROVIDES  WRITTEN  MATERIALS,
 that:
   (A)  summarize, clearly and correctly, the material terms of insurance
 coverage, including the identity of the  insurer  and,  with  regard  to
 wireless  communications  equipment  insurance, the agent licensed under
 subsection (b) of section two thousand one hundred three of  this  arti-
 cle;
   (B) disclose that these policies may provide a duplication of coverage
 already  provided  by  a  renter's personal automobile insurance policy,
 homeowner's insurance policy, personal liability  insurance  policy,  or
 other source of coverage;
   (C)  state that the purchase by the consumer of the kinds of insurance
 specified in this section is not required in order to rent a vehicle, TO
 SHARE A SHARED VEHICLE, to purchase  or  lease  wireless  communications
 equipment, or to rent storage space;
   (D)  describe the process for filing a claim in the event the consumer
 elects to purchase coverage;
   (E) the price, deductible,  benefits,  exclusions  and  conditions  or
 other limitations of such policies;
   (F) disclose that the employee of the rental vehicle company, PEER-TO-
 PEER  CAR  SHARING PROGRAM ADMINISTRATOR, wireless communications equip-
 ment vendor or self-storage company is not qualified  or  authorized  to
 evaluate  the  adequacy  of  the  purchaser's existing coverages, unless
 otherwise licensed; and
   (G) state that the customer may cancel the insurance at any  time  and
 any unearned premium will be refunded in accordance with applicable law.
   (3)  evidence  of coverage is provided to every consumer who elects to
 purchase such coverage.
   (f) Rates and forms for insurance under this section shall be  subject
 to  article twenty-three of this chapter. Any brochures OR OTHER WRITTEN
 MATERIALS used in connection with insurance under this section shall  be
 filed with the superintendent for review and shall include disclosure of
 the  claims  filing  process, premium, deductible amounts and limits and
 shall be prominently displayed in the brochure OR OTHER WRITTEN  MATERI-
 ALS  with  at least twelve-point type bold headings.  Any such brochures
 OR OTHER WRITTEN MATERIALS shall also be subject to section three  thou-
 sand  one hundred two of this chapter, provided, however, that any poli-
 cy, certificate or other evidence of insurance coverage, whether or  not
 contained  in such brochure, shall not be subject to section three thou-
 sand one hundred two of this chapter, but shall be written  in  a  clear
 and coherent manner and whenever practicable shall use words with common
 and  everyday  meaning  to facilitate readability and to aid the policy-
 holder in understanding the coverage provided.
   (g) Any limited license issued under this section shall also authorize
 any salaried employee or any  sales  representative  authorized  by  the
 licensee  who, pursuant to subsection (h) of this section, is trained to
 act individually on behalf, and under the supervision, of  the  licensee
 with respect to the kinds of insurance specified in this section.
   (h) Each company or franchisee licensed pursuant to this section shall
 conduct  a training program, which shall be submitted to the superinten-
 A. 6576--A                          6
 
 dent for approval prior to use, and which shall meet the following mini-
 mum standards:
   (1)  each  trainee  shall receive basic instruction about the kinds of
 insurance specified in this section offered for purchase by  prospective
 renters  of rental vehicles, SHARED VEHICLE OWNERS, SHARED VEHICLE DRIV-
 ERS, purchasers or lessors  of  wireless  communications  equipment,  or
 renters of storage space;
   (2)  each  trainee shall be instructed with respect to the disclosures
 required under subsection (e) of this section and to  acknowledge  to  a
 prospective  renter  of  a  rental vehicle, SHARED VEHICLE OWNER, SHARED
 VEHICLE DRIVER, purchaser or lessor of  wireless  communications  equip-
 ment,  or  renter  of  storage space that purchase of any such insurance
 specified in this section is not required in order for the  consumer  to
 rent a motor vehicle, SHARE A SHARED VEHICLE, purchase or lease wireless
 communications equipment, or rent storage space;
   (3)  each  trainee shall be instructed to acknowledge to a prospective
 consumer of the kinds of insurance specified in this  section  that  the
 consumer  may  have insurance policies that already provide the coverage
 being offered by the rental vehicle company, the wireless communications
 equipment vendor, or  self-service  storage  company  pursuant  to  this
 section, AS APPLICABLE; and
   (4)  with  regard  to  wireless communications equipment insurance and
 self-service storage company insurance, training materials may be devel-
 oped and provided by an agent licensed pursuant  to  subsection  (b)  of
 section two thousand one hundred three of this article.
   (i)  Limited  licensees  acting pursuant to and under the authority of
 this section shall comply with all applicable provisions of  this  arti-
 cle, except that notwithstanding section two thousand one hundred twenty
 of  this  article, a limited licensee pursuant to this section shall not
 be required to treat premiums collected from consumers  purchasing  such
 insurance  when  renting  motor  vehicles,  SHARING  A  SHARED  VEHICLE,
 purchasing or leasing  wireless  communications  equipment,  or  renting
 storage space as funds received in a fiduciary capacity, provided that:
   (1)  the  insurer represented by the limited licensee has consented in
 writing, signed by the insurer's officer,  that  premiums  need  not  be
 segregated  from  funds received by the rental vehicle company, PEER-TO-
 PEER CAR SHARING PROGRAM ADMINISTRATOR, wireless  communications  equip-
 ment vendor, or self-storage company on account of vehicle rental, SHAR-
 ING  OF  A SHARED VEHICLE, wireless communications equipment purchase or
 lease, or storage space rental; and
   (2) the charges for insurance coverage are itemized but not billed  to
 the  consumer  separately  from  the charges for rental vehicles, SHARED
 VEHICLES, purchase or lease of  wireless  communications  equipment,  or
 storage space rental.
   (j) No limited licensees under this section shall advertise, represent
 or  otherwise  hold  itself  or  any  of its employees themselves out as
 licensed insurance agents or brokers.
   (k) The superintendent may issue a  replacement  for  a  currently  in
 force  license which has been lost or destroyed. Before such replacement
 license shall be issued, there shall be on file in  the  office  of  the
 superintendent  a  written  application  for  such  replacement license,
 affirming under penalty of perjury that the original  license  has  been
 lost or destroyed, together with a fee of fifteen dollars.
   (l)  For  purposes of this section "wireless communications equipment"
 shall mean wireless handsets, pagers, personal digital assistants, wire-
 less telephones or  wireless  telephone  batteries  and  other  wireless
 A. 6576--A                          7
 
 devices  and accessories related to such devices that are used to access
 wireless communications services and includes wireless services.
   (M)  FOR  PURPOSES  OF THIS SECTION, "PEER-TO-PEER CAR SHARING PROGRAM
 ADMINISTRATOR", "PEER-TO-PEER CAR  SHARING  PERIOD",  "SHARED  VEHICLE",
 "SHARED VEHICLE DRIVER", AND "SHARED VEHICLE OWNER" SHALL HAVE THE MEAN-
 INGS SET FORTH IN SECTION NINE HUNDRED OF THE GENERAL BUSINESS LAW.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.