Assembly Bill A9568A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9568--A
 
                           I N  A S S E M B L Y
 
                             January 14, 2026
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on  Transportation  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to requiring elec-
   tric scooter service platforms to maintain insurance coverage

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-ccc to read as follows:
   §  391-CCC.  ELECTRIC  SCOOTER  SERVICE PLATFORM INSURANCE. 1.   DEFI-
 NITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "DIGITAL  NETWORK" MEANS ANY ELECTRONIC SYSTEM OR SERVICE OFFERED
 OR UTILIZED BY AN ELECTRIC SCOOTER SERVICE PLATFORM THAT THROUGH THE USE
 OF AN APP ACCESSED THROUGH A  PHONE,  TABLET,  COMPUTER,  OR  A  DIGITAL
 TOKEN,  DIGITAL  KEY,  OR  SUBSTANTIALLY SIMILAR TECHNOLOGY, ENABLES THE
 UNLOCKING, ACCESS, OPERATION, DOCKING, CHARGING, AND PAYMENT FOR USE  OF
 A SCOOTER.
   (B)  "ELECTRIC  SCOOTER SERVICE PLATFORM" MEANS A PERSON, CORPORATION,
 PARTNERSHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY OPERATING IN NEW  YORK
 STATE THAT OWNS, LEASES, OR CONTROLS MORE THAN TWO ELECTRIC SCOOTERS AND
 PROVIDES  THEM  FOR  USE BY THE PUBLIC, WHERE ACCESS TO AND OPERATION OF
 SUCH SCOOTERS IS THROUGH USING A DIGITAL NETWORK.
   (C) "TRIP" MEANS THE LAWFUL OPERATION OF AN ELECTRIC SCOOTER OWNED  OR
 CONTROLLED  BY  AN  ELECTRIC  SCOOTER  SERVICE  PLATFORM,  SUBSEQUENT TO
 ACCESSING SUCH ELECTRIC SCOOTER THROUGH A DIGITAL NETWORK.
   2. LIABILITY INSURANCE. (A) NO ELECTRIC SCOOTER, AS DEFINED IN SECTION
 ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW SHALL  BE  OFFERED
 FOR  USE  THROUGH  AN  ELECTRIC  SCOOTER  SERVICE  PLATFORM UNLESS IT IS
 COVERED BY A POLICY OF INSURANCE, IN SUCH LANGUAGE AND FORM AS SHALL  BE
 DETERMINED  AND ESTABLISHED BY THE SUPERINTENDENT OF FINANCIAL SERVICES.
 AN ELECTRIC SCOOTER SERVICE PLATFORM,  THROUGH  A  GROUP  POLICY,  SHALL
 MAINTAIN  INSURANCE THAT PROVIDES FINANCIAL RESPONSIBILITY COVERAGE UPON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14018-05-6
              

 A. 9568--A                          2
 
 THE OPERATOR ACCESSING A SCOOTER THROUGH A DIGITAL NETWORK AND  THROUGH-
 OUT THE DURATION OF THE OPERATOR'S TRIP.
   (B) SUCH POLICY SHALL OFFER COVERAGE OF NO LESS THAN TWENTY-FIVE THOU-
 SAND  DOLLARS  PER  OCCURRENCE  IN THE EVENT OF AN ACCIDENT INVOLVING AN
 APP-BASED ELECTRIC SCOOTER SERVICE PLATFORM VEHICLE. SUCH COVERAGE SHALL
 BE PRIMARY OVER ANY OTHER COVERAGE. IT MAY BE PROVIDED  INDIVIDUALLY  OR
 ON  A  GROUP  BASIS BY AN AUTHORIZED INSURANCE COMPANY OR THROUGH A DULY
 LICENSED EXCESS LINE BROKER.
   (C) SUCH POLICY SHALL PROVIDE  FOR  COVERAGE  AGAINST  LOSS  FROM  THE
 LIABILITY  IMPOSED  BY LAW FOR MEDICAL PAYMENTS 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 AN ELEC-
 TRIC SCOOTER OWNED OR CONTROLLED BY AN ELECTRIC SCOOTER SERVICE PLATFORM
 WHILE  THE  OPERATOR  HAS ACCESSED AN ELECTRIC SCOOTER THROUGH A DIGITAL
 NETWORK AND THROUGHOUT THE DURATION OF THE OPERATOR'S TRIP. SUCH  POLICY
 SHALL  NOT PROVIDE PERSONAL INJURY PROTECTION PURSUANT TO ARTICLE FIFTY-
 ONE OF THE INSURANCE LAW.
   (D) PROOF OF INSURANCE AS REQUIRED BY THIS SECTION SHALL  BE  PRODUCED
 AND  DISPLAYED  BY AN ELECTRIC SCOOTER SERVICE PLATFORM UPON THE REQUEST
 OF ANY PERSON HAVING AUTHORITY TO ENFORCE THE PROVISIONS OF  THIS  CHAP-
 TER.  THE  FAILURE  TO  PRODUCE  SUCH PROOF UPON THE REQUEST OF ANY SUCH
 PERSON SHALL NOT BE AN OFFENSE BUT SHALL BE  PRESUMPTIVE  EVIDENCE  THAT
 SUCH ELECTRIC SCOOTER IS BEING OPERATED WITHOUT HAVING SUCH INSURANCE IN
 FORCE AND EFFECT.
   (E)  PROOF  OF INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH ELECTRIC SCOOTER  TO  ANY
 PERSON  WHO  HAS  SUFFERED  OR  CLAIMS TO HAVE SUFFERED EITHER INJURY OR
 PROPERTY DAMAGE AS A RESULT OF THE OPERATION OF SUCH  ELECTRIC  SCOOTER,
 IF  SUCH INSURANCE COVERAGE WAS REQUIRED UNDER THE CIRCUMSTANCES OF SUCH
 OPERATION. IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY PROSECUTION  FOR  A
 VIOLATION  OF  THIS  SUBDIVISION  THAT  SUCH  PROOF  WAS  SO PRODUCED OR
 DISPLAYED WITHIN TWENTY-FOUR HOURS OF RECEIVING NOTICE OF SUCH INJURY OR
 DAMAGE, OR THE CLAIM OF SUCH INJURY OR DAMAGE.
   § 2. 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.