S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    139
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business  law  and  the  insurance  law,  in
   relation  to  insurance  requirements  for  third-party  food delivery
   service

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  391-v  of  the general business law, as added by
 chapter 693 of the laws of 2021, is amended to read as follows:
   § 391-v. Third-party food delivery agreements AND  INSURANCE  REQUIRE-
 MENTS.  1.  For  the purposes of this section, the following terms shall
 have the following meanings:
   (a) "Agreement" means a written contractual agreement between  a  food
 service  establishment and a third-party food delivery service authoriz-
 ing the inclusion of the food service establishment's  products  on  the
 third-party food delivery platform.
   (b)  "DELIVERY  AVAILABLE  PERIOD"  MEANS  THE  PERIOD WHEN A DELIVERY
 NETWORK DRIVER:
   (I) HAS LOGGED ON TO A DIGITAL NETWORK;
   (II) IS AVAILABLE TO RECEIVE REQUESTS  TO  PROVIDE  DELIVERY  SERVICES
 FROM A DELIVERY NETWORK COMPANY;
   (III) IS OPERATING A PERSONAL VEHICLE; AND
   (IV)  IS  NOT PROVIDING DELIVERY SERVICES OR OPERATING IN THE DELIVERY
 SERVICE PERIOD.
   (C) "DELIVERY NETWORK COMPANY" MEANS A CORPORATION, PARTNERSHIP,  SOLE
 PROPRIETORSHIP,  OR  OTHER ENTITY THAT OPERATES IN THIS STATE AND USES A
 DIGITAL NETWORK TO CONNECT A DELIVERY  NETWORK  COMPANY  CUSTOMER  TO  A
 DELIVERY NETWORK DRIVER TO PROVIDE DELIVERY SERVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00726-01-5
 S. 139                              2
              

 
   (D)  "DELIVERY  NETWORK COMPANY CUSTOMER" OR "CUSTOMER" MEANS A PERSON
 WHO ORDERS GOODS THAT ARE DELIVERED BY A DELIVERY NETWORK DRIVER AT  THE
 DIRECTION OF SUCH PERSON.
   (E)  "DELIVERY  NETWORK  COMPANY SELLER" MEANS A CORPORATION, PARTNER-
 SHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT OPERATES IN  THIS  STATE
 AND USES A DIGITAL NETWORK TO SELL ITS GOODS TO DELIVERY NETWORK COMPANY
 CUSTOMERS, FOR DELIVERY BY DELIVERY NETWORK DRIVERS, WHICH MAY BE A FOOD
 SERVICE ESTABLISHMENT.
   (F)  "DELIVERY  NETWORK DRIVER" MEANS AN INDIVIDUAL WHO PROVIDES INDE-
 PENDENT DELIVERY SERVICES THROUGH A DIGITAL  NETWORK  USING  A  PERSONAL
 VEHICLE.
   (G)  "DELIVERY  SERVICES"  MEANS  THE FULFILLMENT OF DELIVERY REQUESTS
 MADE BY A CUSTOMER THROUGH A DIGITAL NETWORK, INCLUDING  THE  PICKUP  OF
 ANY  GOODS  AND  THE  DELIVERY  OF THE GOODS TO A CUSTOMER BY A DELIVERY
 NETWORK DRIVER. DELIVERY SERVICES MAY INCLUDE A SERIES OF DELIVERIES  TO
 DIFFERENT  CUSTOMERS,  OR  TO  DIFFERENT LOCATIONS AT THE DIRECTION OF A
 CUSTOMER.
   (H) "DELIVERY SERVICE PERIOD" MEANS THE PERIOD:
   (I) BEGINNING WHEN  A  DELIVERY  NETWORK  DRIVER  STARTS  OPERATING  A
 PERSONAL  VEHICLE  EN ROUTE TO PICK UP GOODS FOR A DELIVERY OR SERIES OF
 DELIVERIES AS DOCUMENTED VIA A DIGITAL NETWORK CONTROLLED BY A  DELIVERY
 NETWORK COMPANY;
   (II)  CONTINUING  WHILE  THE  DELIVERY  NETWORK  DRIVER TRANSPORTS THE
 REQUESTED DELIVERY OR DELIVERIES; AND
   (III) ENDING UPON DELIVERY OF THE REQUESTED GOODS TO:
   (A) THE DELIVERY NETWORK COMPANY CUSTOMER OR THE LAST DELIVERY NETWORK
 COMPANY CUSTOMER IN A SERIES OF DELIVERIES  OR TO A LOCATION  DESIGNATED
 BY  THE DELIVERY NETWORK COMPANY CUSTOMER OR THE LAST LOCATION SO DESIG-
 NATED IN A SERIES OF DELIVERIES; OR
   (B) A LOCATION DESIGNATED BY THE DELIVERY NETWORK  COMPANY,  INCLUDING
 FOR PURPOSES OF RETURNING THE GOODS.
   (I)  "DIGITAL NETWORK" MEANS ANY ONLINE-ENABLED APPLICATION, SOFTWARE,
 WEBSITE, OR SYSTEM OFFERED OR UTILIZED BY  A  DELIVERY  NETWORK  COMPANY
 THAT ENABLES DELIVERIES WITH DELIVERY NETWORK DRIVERS.
   (J)  "Food service establishment" means a place where food is provided
 for individual portion service directly to  the  consumer  whether  such
 food  is provided free of charge or sold, and whether consumption occurs
 on or off the premises or is provided from a pushcart, stand or vehicle.
   [(c)](K) "PERSONAL VEHICLE" MEANS A MOTOR VEHICLE  OR  A  LIMITED  USE
 MOTORCYCLE AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-B OF THE VEHICLE
 AND TRAFFIC LAW, THAT IS:
   (I)  USED  BY  A DELIVERY NETWORK DRIVER TO PROVIDE DELIVERY SERVICES;
 AND
   (II) OWNED, LEASED, OR OTHERWISE AUTHORIZED FOR USE  BY  THE  DELIVERY
 NETWORK DRIVER.
   (L)  "Third-party  food  delivery  service" means any [website, mobile
 application or other internet service]  DIGITAL NETWORK  OPERATED  BY  A
 DELIVERY NETWORK COMPANY that offers or arranges for the sale (INCLUDING
 FOR  SAME-DAY  PICKUP)  or  delivery  (INCLUDING  SAME-DAY  DELIVERY) of
 PRODUCTS (INCLUDING food and beverages) prepared by, [and  the  same-day
 delivery  or  same-day pickup of food and beverage from,] a food service
 establishment located in the state.
   [(d)] (M) "Third-party food delivery platform"  means  the  online  or
 mobile  platform  of  the  third-party  food delivery service on which a
 consumer can view products available for sale and place an order  for  a
 food service establishment's products.
 S. 139                              3
 
   2.  (a) A third-party food delivery service shall not list, advertise,
 promote, or sell a food service establishment's products, or arrange for
 the delivery of an order of such products, on a third-party food  deliv-
 ery  platform without a valid agreement with the food service establish-
 ment  (OR  AN  AUTHORIZED THIRD-PARTY AGENT OR DESIGNEE) authorizing the
 inclusion of their products on such platform.
   (b) An agreement executed in accordance with this  section  shall  not
 include  a  provision,  clause, or covenant that requires a food service
 establishment to indemnify a  third-party  food  delivery  service,  any
 independent  contractor  [acting on behalf of the] PROVIDING INDEPENDENT
 DELIVERY SERVICES third-party food delivery service, or  any  registered
 agent  of the third-party food delivery service, for any damages or harm
 by an act or omission occurring after the food  service  establishment's
 product  leaves the place of business of the food service establishment.
 To the extent an agreement contains such  a  provision,  such  provision
 shall be deemed void and unenforceable.
   (c) A food service establishment included on a third-party food deliv-
 ery  platform in violation of this section shall have the right to bring
 an action in a court of competent jurisdiction for damages, penalties as
 set forth in this section, and injunctive relief.  Such  court,  in  its
 discretion, may also award reasonable court costs and attorneys' fees.
   [(d)]  3. (A) A DELIVERY NETWORK COMPANY SHALL ENSURE THAT, DURING THE
 DELIVERY AVAILABLE PERIOD,  IF  IT  APPLIES,  AND  DURING  THE  DELIVERY
 SERVICE  PERIOD, PRIMARY AUTOMOBILE LIABILITY INSURANCE IS IN PLACE THAT
 RECOGNIZES THAT THE DRIVER IS A DELIVERY NETWORK DRIVER OR THAT DOES NOT
 EXCLUDE COVERAGE FOR USE OF A PERSONAL VEHICLE TO PROVIDE DELIVERIES.
   (B) DURING THE DELIVERY SERVICE PERIOD AND DELIVERY AVAILABLE  PERIOD,
 THE  DELIVERY  NETWORK DRIVER, DELIVERY NETWORK COMPANY, OR ANY COMBINA-
 TION OF THE TWO SHALL MAINTAIN A MOTOR VEHICLE LIABILITY INSURANCE POLI-
 CY THAT PROVIDES THE COVERAGE REQUIRED UNDER ARTICLE FIFTY-THREE OF  THE
 INSURANCE  LAW DURING THE DELIVERY AVAILABLE PERIOD AND DELIVERY SERVICE
 PERIOD IN AMOUNTS NOT LESS THAN:
   (I) FOR BODILY INJURY AND PROPERTY DAMAGE TO THIRD PARTIES:
   (A) FIFTY THOUSAND DOLLARS ($50,000)  OR  THE  AMOUNT  REQUIRED  UNDER
 PARAGRAPH  ONE  OF SUBSECTION (A) OF SECTION FIVE THOUSAND THREE HUNDRED
 THREE OF THE INSURANCE LAW, WHICHEVER IS GREATER, FOR ALL DAMAGES  ARIS-
 ING  OUT OF BODILY INJURY SUSTAINED BY ANY ONE PERSON AS A RESULT OF ANY
 ONE ACCIDENT;
   (B) ONE HUNDRED THOUSAND DOLLARS ($100,000)  OR  THE  AMOUNT  REQUIRED
 UNDER  PARAGRAPH  ONE  OF  SUBSECTION (A) OF SECTION FIVE THOUSAND THREE
 HUNDRED THREE OF THE  INSURANCE  LAW,  WHICHEVER  IS  GREATER,  FOR  ALL
 DAMAGES  ARISING  OUT  OF  BODILY  INJURY  SUSTAINED BY ALL PERSONS AS A
 RESULT OF ANY  ONE ACCIDENT; AND
   (C) TWENTY-FIVE THOUSAND DOLLARS  ($25,000)  OR  THE  AMOUNT  REQUIRED
 UNDER  PARAGRAPH  TWO  OF  SUBSECTION (A) OF SECTION FIVE THOUSAND THREE
 HUNDRED THREE OF THE  INSURANCE  LAW,  WHICHEVER  IS  GREATER,  FOR  ALL
 DAMAGES  ARISING OUT OF DAMAGE TO OR DESTRUCTION OF PROPERTY AS A RESULT
 OF ANY ONE  ACCIDENT.
   (II) FOR BASIC REPARATION BENEFITS, THE AMOUNT SET FORTH IN PARAGRAPHS
 THREE AND FOUR OF SUBSECTION (A) OF SECTION FIVE THOUSAND THREE  HUNDRED
 THREE OF THE INSURANCE LAW.
   (C)  IF THE INSURANCE COVERAGE MAINTAINED BY A DELIVERY NETWORK DRIVER
 IN ACCORDANCE WITH PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION HAS LAPSED
 OR DOES NOT PROVIDE THE REQUIRED COVERAGE, INSURANCE MAINTAINED  BY  THE
 DELIVERY NETWORK COMPANY SHALL:
 S. 139                              4

   (I)  PROVIDE  THE  COVERAGE REQUIRED BY PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION BEGINNING WITH THE FIRST DOLLAR OF A CLAIM; AND
   (II)  HAVE THE DUTY TO DEFEND A CLAIM MADE UNDER THE COVERAGE PROVIDED
 UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
   (D) COVERAGE UNDER AN AUTOMOBILE INSURANCE POLICY  MAINTAINED  BY  THE
 DELIVERY NETWORK COMPANY SHALL NOT BE DEPENDENT UPON ANOTHER MOTOR VEHI-
 CLE  LIABILITY  INSURER  FIRST  DENYING A CLAIM, NOR SHALL ANOTHER MOTOR
 VEHICLE LIABILITY INSURANCE POLICY BE REQUIRED TO FIRST DENY A CLAIM.
   (E) INSURANCE COVERAGE REQUIRED BY THIS SECTION MAY BE  OBTAINED  FROM
 AN INSURANCE COMPANY DULY LICENSED TO TRANSACT BUSINESS UNDER THE INSUR-
 ANCE  LAWS  OF THIS STATE OR BY AN ELIGIBLE EXCESS LINES BROKER LICENSED
 UNDER SECTION TWO THOUSAND  ONE  HUNDRED  FIVE  OF  THE  INSURANCE  LAW.
 INSURANCE  COVERAGE  REQUIRED  BY THIS SECTION MAY BE OBTAINED THROUGH A
 GROUP POLICY MAINTAINED BY THE DELIVERY NETWORK COMPANY.
   (F) THE COVERAGE REQUIRED PURSUANT TO PARAGRAPHS (A) AND (B)  OF  THIS
 SUBDIVISION  SHALL  BE  DEEMED  TO  MEET  THE REQUIREMENTS FOR FINANCIAL
 RESPONSIBILITY UNDER THE VEHICLE AND TRAFFIC LAW.
   (G) A DELIVERY NETWORK DRIVER SHALL CARRY PROOF OF INSURANCE  REQUIRED
 PURSUANT  TO  PARAGRAPHS  (A)  AND  (B) OF THIS SUBDIVISION AT ALL TIMES
 WHILE USING A PERSONAL VEHICLE IN CONNECTION WITH A DIGITAL NETWORK.  IN
 THE EVENT OF AN ACCIDENT, A DELIVERY NETWORK DRIVER SHALL, UPON REQUEST,
 PROVIDE  INSURANCE  COVERAGE  INFORMATION  TO  THE  DIRECTLY  INTERESTED
 PARTIES, AUTOMOBILE INSURERS, AND INVESTIGATING  LAW  ENFORCEMENT  OFFI-
 CERS.    THE INSURANCE COVERAGE INFORMATION MAY BE DISPLAYED OR PROVIDED
 IN EITHER PAPER OR ELECTRONIC FORM AS  PROVIDED  BY  REGULATION  OF  THE
 COMMISSIONER  OF  MOTOR  VEHICLES. A DELIVERY NETWORK DRIVER SHALL, UPON
 REQUEST, DISCLOSE TO THE DIRECTLY INTERESTED PARTIES, AUTOMOBILE  INSUR-
 ERS,  AND  INVESTIGATING LAW ENFORCEMENT OFFICERS WHETHER THE DRIVER WAS
 OPERATING DURING THE DELIVERY AVAILABLE PERIOD OR THE  DELIVERY  SERVICE
 PERIOD AT THE TIME OF THE ACCIDENT.
   (H)  IN A CLAIMS COVERAGE INVESTIGATION, A DELIVERY NETWORK COMPANY OR
 ITS INSURER SHALL COOPERATE WITH ALL INSURERS THAT ARE INVOLVED  IN  THE
 CLAIMS  COVERAGE INVESTIGATION TO FACILITATE THE EXCHANGE OF INFORMATION
 AND SHALL IMMEDIATELY PROVIDE UPON REQUEST BY DIRECTLY INVOLVED  PARTIES
 OR  ANY  INSURER  THE PRECISE TIMES THAT A DELIVERY NETWORK DRIVER BEGAN
 AND ENDED THE DELIVERY AVAILABLE  PERIOD  AND/OR  THE  DELIVERY  SERVICE
 PERIOD  ON THE DELIVERY NETWORK COMPANY'S DIGITAL NETWORK IN THE TWELVE-
 HOUR PERIOD IMMEDIATELY PRECEDING THE ACCIDENT AND  IN  THE  TWELVE-HOUR
 PERIOD  IMMEDIATELY FOLLOWING THE ACCIDENT. INSURERS POTENTIALLY PROVID-
 ING THE COVERAGE  REQUIRED  BY  THIS  SUBDIVISION  SHALL  DISCLOSE  UPON
 REQUEST  BY ANY OTHER SUCH INSURER INVOLVED IN THE PARTICULAR CLAIM, THE
 APPLICABLE COVERAGES, EXCLUSIONS, AND LIMITS PROVIDED UNDER ANY  AUTOMO-
 BILE  INSURANCE  MAINTAINED IN ORDER TO SATISFY THE REQUIREMENTS OF THIS
 SUBDIVISION.
   (I) THE INSURER OR INSURERS OF A DELIVERY  NETWORK  COMPANY  PROVIDING
 COVERAGE  UNDER  PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL ASSUME
 PRIMARY LIABILITY FOR A CLAIM WHEN A  DISPUTE  EXISTS  AS  TO  WHEN  THE
 DELIVERY  AVAILABLE  PERIOD  AND/OR THE DELIVERY SERVICE PERIOD BEGAN OR
 ENDED AND THE DELIVERY NETWORK COMPANY DOES NOT HAVE AVAILABLE, DID  NOT
 RETAIN, OR FAILS TO PROVIDE THE INFORMATION REQUIRED BY PARAGRAPH (H) OF
 THIS SUBDIVISION.
   (J)  A DELIVERY NETWORK COMPANY SHALL ALSO MAINTAIN COMMERCIAL GENERAL
 LIABILITY INSURANCE WITH A LIMIT OF NO LESS THAN ONE MILLION DOLLARS FOR
 EACH OCCURRENCE AND TWO MILLION DOLLARS AGGREGATE THAT INCLUDES COVERAGE
 FOR THE DELIVERY NETWORK COMPANY'S LIABILITY FOR INJURIES ARISING OUT OF
 THE USE OF AN ELECTRIC SCOOTER, AS DEFINED IN SECTION ONE HUNDRED  FOUR-
 S. 139                              5
 
 TEEN-E  OF THE VEHICLE AND TRAFFIC LAW, OR BICYCLE WITH ELECTRIC ASSIST,
 AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE AND TRAFFIC LAW.
   4.  (A)  A  DELIVERY  NETWORK  COMPANY SHALL NOT BE DEEMED TO CONTROL,
 DIRECT, OR MANAGE A PERSONAL VEHICLE OR  DELIVERY  NETWORK  DRIVER  THAT
 CONNECTS  TO  THE  COMPANY'S  DIGITAL NETWORK, EXCEPT WHERE AGREED TO BY
 WRITTEN CONTRACT.
   (B) A DELIVERY NETWORK COMPANY SHALL NOT  PERMIT  A  DELIVERY  NETWORK
 DRIVER  TO  ENGAGE IN DELIVERY SERVICES ON THE COMPANY'S DIGITAL NETWORK
 UNTIL THE COMPANY DISCLOSES IN WRITING TO THE DRIVER:
   (I) THE INSURANCE COVERAGE, INCLUDING THE TYPES OF  COVERAGE  AND  THE
 LIMITS  FOR  EACH  COVERAGE,  THAT THE COMPANY PROVIDES WHILE THE DRIVER
 USES A  PERSONAL  VEHICLE  IN  CONNECTION  WITH  THE  COMPANY'S  DIGITAL
 NETWORK; AND
   (II)  THAT  THE  DRIVER'S OWN MOTOR VEHICLE LIABILITY INSURANCE POLICY
 MIGHT NOT PROVIDE ANY COVERAGE DURING A DELIVERY  AVAILABLE  PERIOD,  IF
 APPLICABLE, OR A DELIVERY SERVICE PERIOD.
   (C)  A  DELIVERY  NETWORK  COMPANY HAS NO DISCLOSURE OBLIGATION TO ANY
 PERSON WHICH IS NOT EXPRESSLY MANDATED BY THIS SUBDIVISION.
   5. (A) NOTHING IN SUBDIVISION THREE OR FOUR OF THIS SECTION  SHALL  BE
 CONSTRUED TO:
   (I)  INVALIDATE  OR  LIMIT  AN  EXCLUSION CONTAINED IN A MOTOR VEHICLE
 LIABILITY INSURANCE POLICY, INCLUDING ANY POLICY IN USE OR APPROVED  FOR
 USE  THAT EXCLUDES COVERAGE FOR MOTOR VEHICLES USED FOR DELIVERY, OR FOR
 ANY BUSINESS USE; OR
   (II) INVALIDATE, LIMIT, OR RESTRICT AN INSURER'S ABILITY UNDER  EXIST-
 ING  LAW  TO UNDERWRITE ANY INSURANCE POLICY, OR CANCEL AND/OR NON-RENEW
 POLICIES.
   (B)  NOTHING IN SUBDIVISION THREE OR FOUR OF THIS SECTION  LIMITS  THE
 SCOPE  OF  FEDERAL  OR  STATE LAW REGARDING THE DELIVERY OR TRANSPORT OF
 GOODS. DELIVERIES MADE PURSUANT TO THIS  SECTION  THAT  ARE  SUBJECT  TO
 FEDERAL  OR STATE LAW REGARDING THE DELIVERY OR TRANSPORT OF GOODS SHALL
 ALSO COMPLY WITH THE REQUIREMENTS OF THOSE  LAWS.  IN  THE  EVENT  OF  A
 CONFLICT  BETWEEN  SUBDIVISION THREE OR FOUR OF THIS SECTION AND ANOTHER
 LAW DEALING WITH THE DELIVERY OR  TRANSPORT  OF  GOODS,  THE  OTHER  LAW
 PREVAILS.
   6.  (A) Any person that KNOWINGLY violates [any provision] SUBDIVISION
 TWO of this section shall be subject to a civil penalty  of  up  to  one
 thousand  dollars  per  violation.  Each  day [a] THAT EACH food service
 establishment is included on a third-party food delivery  platform  [and
 each  food service establishment included on a third-party food delivery
 platform] shall be considered a separate violation.
   (B) THE THIRD-PARTY DELIVERY SERVICE THAT VIOLATES  SUBDIVISION  THREE
 OF  THIS  SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO ONE THOU-
 SAND DOLLARS PER VIOLATION.  EACH DELIVERY BEGUN  OR  COMPLETED  WITHOUT
 THE  FINANCIAL RESPONSIBILITY REQUIREMENTS REQUIRED BY SUBDIVISION THREE
 OF THIS SECTION SHALL BE CONSIDERED A SEPARATE VIOLATION.
   § 2. The insurance law is amended by adding a new  section  3459-a  to
 read as follows:
   §  3459-A.  DELIVERY  SERVICE  EXCLUSIONS  FOR MOTOR VEHICLE INSURANCE
 POLICIES. (A) THE DEFINITIONS SET FORTH IN SECTION THREE  HUNDRED  NINE-
 TY-ONE-V OF THE GENERAL  BUSINESS  LAW SHALL APPLY TO THIS SECTION.
   (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, AN
 AUTHORIZED INSURER THAT WRITES MOTOR VEHICLE LIABILITY INSURANCE IN  THE
 STATE  MAY EXCLUDE ANY AND ALL COVERAGE AND THE DUTY TO DEFEND OR INDEM-
 NIFY FOR ANY INJURY OR LOSS THAT OCCURS DURING  THE  DELIVERY  AVAILABLE
 PERIOD AND THE DELIVERY SERVICE PERIOD, INCLUDING BUT NOT LIMITED TO:
 S. 139                              6
 
   (1) LIABILITY COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE;
   (2) COVERAGE PROVIDED PURSUANT TO ARTICLE FIFTY-ONE OF THIS CHAPTER;
   (3) UNINSURED MOTORIST COVERAGE;
   (4) SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORIST COVERAGE; AND
   (5)  MOTOR  VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED IN PARAGRAPH
 NINETEEN OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED  THIRTEEN
 OF THIS CHAPTER.
   (C)  NOTHING  IN  THIS  ARTICLE SHALL INVALIDATE OR LIMIT AN EXCLUSION
 CONTAINED IN A MOTOR VEHICLE INSURANCE POLICY, INCLUDING  ANY  INSURANCE
 POLICY  IN USE OR APPROVED FOR USE THAT SHALL EXCLUDE COVERAGE FOR MOTOR
 VEHICLES MADE AVAILABLE FOR RENT, SHARING, HIRE OR ANY BUSINESS USE.
   (D) NOTHING  IN  THIS  SECTION  INVALIDATES  OR  LIMITS  AN  EXCLUSION
 CONTAINED  IN  A MOTOR VEHICLE LIABILITY INSURANCE POLICY, INCLUDING ANY
 INSURANCE POLICY IN USE OR APPROVED FOR USE THAT EXCLUDES  COVERAGE  FOR
 MOTOR VEHICLES USED FOR DELIVERY OR FOR ANY BUSINESS USE.
   (E) NOTHING IN THIS SECTION INVALIDATES, LIMITS OR RESTRICTS AN INSUR-
 ER'S  ABILITY  UNDER  EXISTING  LAW  TO UNDERWRITE ANY INSURANCE POLICY.
 NOTHING IN THIS SECTION INVALIDATES, LIMITS OR  RESTRICTS  AN  INSURER'S
 ABILITY UNDER EXISTING LAW TO CANCEL AND NON-RENEW POLICIES.
   (F)  A  MOTOR  VEHICLE LIABILITY INSURER THAT DEFENDS OR INDEMNIFIES A
 CLAIM AGAINST A DELIVERY NETWORK DRIVER THAT IS EXCLUDED UNDER THE TERMS
 OF ITS POLICY SHALL HAVE THE RIGHT TO SEEK RECOVERY AGAINST THE  INSURER
 PROVIDING  COVERAGE UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION THREE OF
 SECTION THREE HUNDRED NINETY-ONE-V OF THE GENERAL BUSINESS  LAW  IF  THE
 CLAIM:
   (I)  OCCURS  DURING  THE  DELIVERY  AVAILABLE  PERIOD  OR THE DELIVERY
 SERVICE PERIOD; AND
   (II) IS EXCLUDED UNDER THE TERMS OF ITS POLICY.
   § 3. Section 3455 of the insurance law, as added by section 6 of  part
 AAA of chapter 59 of the laws of 2017, is amended to read as follows:
   §  3455.  Transportation network company group insurance policies. (a)
 For purposes of this section, the following definitions shall apply:
   (1) "Transportation network company" shall have the  same  meaning  as
 set forth in article forty-four-B of the vehicle and traffic law.
   (2)  "Certificate"  or  "certificate  of  insurance" means any policy,
 contract or other evidence of insurance, or endorsement thereto,  issued
 to a group member under a transportation network company group policy OR
 A DELIVERY NETWORK COMPANY GROUP POLICY.
   (3)  "Transportation  network  company group policy" or "group policy"
 means a  group  policy,  including  certificates  issued  to  the  group
 members, where the group policyholder is a transportation network compa-
 ny  and  the  policy  provides  insurance  to the transportation network
 company and to group members:
   (A) in accordance with the requirements of article forty-four-B of the
 vehicle and traffic law;
   (B) of the type described in paragraph thirteen, fourteen, or nineteen
 of subsection (a) of section one thousand one hundred thirteen  of  this
 chapter; and
   (C)  in  satisfaction of the financial responsibility requirements set
 forth in section three thousand four hundred  twenty  of  this  article,
 subdivision  four  of  section  three  hundred eleven of the vehicle and
 traffic law, article fifty-one of this chapter, and such other  require-
 ments  or  regulations that may apply for the purposes of satisfying the
 financial responsibility requirements with respect to the use or  opera-
 tion of a motor vehicle.
 S. 139                              7
 
   (4)  "Group  member"  means a transportation network company driver as
 defined in article forty-four-B of the vehicle and traffic law, AND/OR A
 DELIVERY NETWORK DRIVER AS DEFINED IN SECTION THREE HUNDRED NINETY-ONE-V
 OF THE GENERAL BUSINESS LAW.
   (5)  "Group  policyholder"  means  a  transportation  network company
 AND/OR A DELIVERY NETWORK COMPANY.
   (6) "TNC vehicle" shall have the meaning set forth in  article  forty-
 four-B of the vehicle and traffic law.
   (7)  "DELIVERY  NETWORK  COMPANY"  SHALL  HAVE THE SAME MEANING AS SET
 FORTH IN SECTION THREE HUNDRED NINETY-ONE-V OF THE GENERAL BUSINESS LAW.
   (8) "DELIVERY NETWORK COMPANY GROUP  POLICY"  MEANS  A  GROUP  POLICY,
 INCLUDING  CERTIFICATES  ISSUED  TO  THE  GROUP MEMBERS, WHERE THE GROUP
 POLICYHOLDER IS A DELIVERY  NETWORK  COMPANY  AND  THE  POLICY  PROVIDES
 INSURANCE TO THE DELIVERY NETWORK COMPANY AND TO GROUP MEMBERS:
   (A) IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION THREE HUNDRED NINE-
 TY-ONE-V OF THE GENERAL BUSINESS LAW;
   (B) OF THE TYPE DESCRIBED IN PARAGRAPH THIRTEEN, FOURTEEN, OR NINETEEN
 OF  SUBSECTION  (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THIS
 CHAPTER; AND
   (C) IN SATISFACTION OF THE FINANCIAL RESPONSIBILITY  REQUIREMENTS  SET
 FORTH  IN  SECTION  THREE  THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE,
 SUBDIVISION FOUR OF SECTION THREE HUNDRED  ELEVEN  OF  THE  VEHICLE  AND
 TRAFFIC  LAW, ARTICLE FIFTY-ONE OF THIS CHAPTER, AND SUCH OTHER REQUIRE-
 MENTS OR REGULATIONS THAT MAY APPLY FOR THE PURPOSES OF  SATISFYING  THE
 FINANCIAL  RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE USE OR OPERA-
 TION OF A MOTOR VEHICLE.
   (9) "PERSONAL VEHICLE" SHALL HAVE THE MEANING  SET  FORTH  IN  SECTION
 THREE HUNDRED NINETY-ONE-V OF THE GENERAL BUSINESS LAW.
   (10) "GROUP POLICY" MEANS A TRANSPORTATION NETWORK COMPANY GROUP POLI-
 CY AND/OR A DELIVERY NETWORK COMPANY GROUP POLICY.
   (b)  An insurer may issue or issue for delivery in this state a trans-
 portation network company  group  policy  to  a  transportation  network
 company,  OR  A  DELIVERY  NETWORK  COMPANY  GROUP  POLICY TO A DELIVERY
 NETWORK COMPANY, as a group policyholder only  in  accordance  with  the
 provisions of this section.
   (c)(1)  A  transportation  network  company group policy shall provide
 coverage for a TNC vehicle in accordance with the requirements of  arti-
 cle forty-four-B of the vehicle and traffic law.
   (2) A transportation network company group policy may provide:
   (A) coverage for limits higher than the minimum limits required pursu-
 ant to article forty-four-B of the vehicle and traffic law.
   (B) supplementary uninsured/underinsured motorists insurance for bodi-
 ly  injury  pursuant to paragraph two of subsection (f) of section three
 thousand four hundred twenty of this article;
   (C) supplemental spousal liability insurance  pursuant  to  subsection
 (g)  of  section  three  thousand  four hundred twenty of this [chapter]
 ARTICLE; and
   (D) motor vehicle physical damage coverage as described  in  paragraph
 nineteen  of subsection (a) of section one thousand one hundred thirteen
 of this chapter.
   (3) A DELIVERY NETWORK COMPANY GROUP POLICY SHALL PROVIDE COVERAGE FOR
 A PERSONAL VEHICLE IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION  THREE
 HUNDRED NINETY-ONE-V OF THE GENERAL BUSINESS LAW.
   (4) A DELIVERY NETWORK COMPANY GROUP POLICY MAY PROVIDE:
   (A) COVERAGE FOR LIMITS HIGHER THAN THE MINIMUM LIMITS REQUIRED PURSU-
 ANT TO SECTION THREE HUNDRED NINETY-ONE-V OF THE GENERAL BUSINESS LAW.
 S. 139                              8

   (B) SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS INSURANCE FOR BODI-
 LY  INJURY  PURSUANT TO PARAGRAPH TWO OF SUBSECTION (F) OF SECTION THREE
 THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE;
   (C)  SUPPLEMENTAL  SPOUSAL  LIABILITY INSURANCE PURSUANT TO SUBSECTION
 (G) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE; AND
   (D) MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED  IN  PARAGRAPH
 NINETEEN  OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
 OF THIS CHAPTER.
   (5) The coverage described in paragraphs one [and two] THROUGH FOUR of
 this subsection may be provided in one group policy or in separate group
 policies.
   [(4)] (6) A transportation network  company  group  policy,  including
 certificates,  OR  A  DELIVERY  NETWORK  COMPANY GROUP POLICY, INCLUDING
 CERTIFICATES, shall be issued by authorized insurers or from excess line
 brokers pursuant to section sixteen [six] hundred  ninety-three  of  the
 vehicle and traffic law.
   [(5)] (7) A policyholder also may be an insured under a group policy.
   (d) The premium for the transportation network company group policy OR
 THE DELIVERY NETWORK COMPANY GROUP POLICY, including certificates may be
 paid by the group policyholder from the funds contributed:
   (1) wholly by the group policyholder;
   (2) wholly by the group members; or
   (3) jointly by the group policyholder and the group members.
   (e)  (1)  Any policy dividend, retrospective premium credit, or retro-
 spective premium refund in respect of premiums paid by the group policy-
 holder may:
   (A) be applied to reduce the premium contribution of the group policy-
 holder, but not in excess of the proportion to its contribution; or
   (B) be retained by the group policyholder.
   (2) Any policy dividend, retrospective premium credit,  or  retrospec-
 tive  premium  refund  not  distributed  under  paragraph  one  of  this
 subsection shall be:
   (A)  applied  to  reduce  future  premiums  and,  accordingly,  future
 contributions, of existing or future group members, or both; or
   (B)  paid  or  refunded to those group members insured on the date the
 payment or refund is made to the group policyholder, if  distributed  by
 the  group  policyholder,  or  on  the  date  of mailing, if distributed
 directly by the insurer, subject to the following requirements:
   (i) The insurer shall be responsible for determining the allocation of
 the payment of refund to the group members;
   (ii) If the group policyholder distributes the payment or refund,  the
 insurer  shall be responsible for audit to ascertain that the payment or
 refund is actually made in accordance with the allocation procedure; and
   (iii) If the group policyholder fails to make the payment  or  refund,
 the  insurer shall make the payment or refund directly or use the method
 provided in subparagraph (A) of this paragraph.
   (3) Notwithstanding paragraphs one and two of this  subsection,  if  a
 dividend  accrues  upon  termination  of coverage under a transportation
 network company group policy OR DELIVERY NETWORK COMPANY  GROUP  POLICY,
 the premium for which was paid out of funds contributed by group members
 specifically for the coverage, the dividend shall be paid or refunded by
 the  group  policyholder  to  the  group members insured on the date the
 payment or refund is made to the group policyholder, net  of  reasonable
 expenses  incurred  by the group policyholder in paying or refunding the
 dividend to such group members.
 S. 139                              9
 
   (4) For the purposes of this subsection, "dividend" means a return  by
 the insurer of a transportation network company group policy OR DELIVERY
 NETWORK COMPANY GROUP POLICY of excess premiums to the group policyhold-
 er in light of favorable loss experience, including retrospective premi-
 um  credits  or  retrospective premium refunds. The term "dividend" does
 not include reimbursements or fees received by a group  policyholder  in
 connection  with  the  operation  or  administration of a transportation
 network company group policy OR DELIVERY NETWORK COMPANY  GROUP  POLICY,
 including  administrative  reimbursements, fees for services provided by
 the group policyholder, or transactional service fees.
   (f) The insurer shall treat in like manner all eligible group  members
 of the same class and status.
   (g)  Each  policy  written  pursuant to this section shall provide per
 occurrence limits of coverage for each group member  in  an  amount  not
 less  than  that  required by this article, and may provide coverage for
 limits higher than the minimum limits required under the law.
   (h) (1) The insurer shall be responsible for mailing or delivery of  a
 certificate  of  insurance to each group member insured under the trans-
 portation network company group policy OR DELIVERY NETWORK COMPANY GROUP
 POLICY, provided, however, that the insurer may delegate the mailing  or
 delivery  to  the  transportation  network  company  OR DELIVERY NETWORK
 COMPANY.   The insurer shall also be  responsible  for  the  mailing  or
 delivery  to each group member of an amended certificate of insurance or
 endorsement to the certificate, whenever there is a  change  in  limits;
 change  in  type  of  coverage;  addition,  reduction, or elimination of
 coverage; or addition of exclusion,  under  the  transportation  network
 company  group  policy  or  certificate  OR THE DELIVERY NETWORK COMPANY
 GROUP POLICY OR CERTIFICATE.
   (2) The certificate shall contain in substance all material terms  and
 conditions of coverage afforded to group members, unless the transporta-
 tion  network  company  group  policy  OR DELIVERY NETWORK COMPANY GROUP
 POLICY is incorporated by reference and  a  copy  of  the  group  policy
 accompanies the certificate.
   (3) If any coverage afforded to the group member is excess of applica-
 ble  insurance coverage, the certificate shall contain a notice advising
 the group members that, if the  member  has  other  insurance  coverage,
 specified coverages under the transportation network company group poli-
 cy  OR  DELIVERY  NETWORK  COMPANY  GROUP POLICY will be excess over the
 other insurance.
   (i) A group policyholder shall comply with the provisions  of  section
 two  thousand one hundred twenty-two of this chapter, in the same manner
 as an agent or broker, in any advertisement, sign,  pamphlet,  circular,
 card,  or other public announcement referring to coverage under a trans-
 portation network  company  group  policy  or  certificate  OR  DELIVERY
 NETWORK COMPANY GROUP POLICY OR CERTIFICATE.
   (j)  A transportation network company group policy OR DELIVERY NETWORK
 COMPANY GROUP POLICY shall not be subject to section three thousand four
 hundred twenty-five or section three thousand four hundred twenty-six of
 this article; provided that the following requirements shall apply  with
 regard to termination of coverage:
   (1)(A)  An insurer may terminate a group policy or certificate only if
 cancellation is based on one or more of the reasons set forth in subpar-
 agraph (A) through (D) or (F) through (H) of paragraph one of subsection
 (c) of section three thousand four hundred twenty-six of  this  article;
 provided,  however, that an act or omission by a group member that would
 S. 139                             10
 
 constitute the basis for cancellation of an individual certificate shall
 not constitute the basis for cancellation of the group policy.
   (B)  Where the premium is derived wholly from funds contributed by the
 group policyholder, an insurer may cancel an individual certificate only
 if cancellation is based on one or more of  the  reasons  set  forth  in
 subparagraph  (B),  (C)  or  (H)  of  paragraph one of subsection (c) of
 section three thousand four hundred twenty-six of this article.
   (2) (A) An insurer's cancellation of a  group  policy,  including  all
 certificates,  shall  not  become  effective until thirty days after the
 insurer mails or delivers written notice of cancellation  to  the  group
 policyholder at the mailing address shown in the policy.
   (i) Where all or part of the premium is derived from funds contributed
 by  the  group  member  specifically for the coverage, the insurer shall
 also mail or deliver written notice of cancellation of the group  policy
 to  the group member at the group member's mailing address. Such cancel-
 lation shall not become effective until thirty days  after  the  insurer
 mails or delivers the written notice to the group member.
   (ii)  Where none of the premium is derived from funds contributed by a
 group member specifically for the  coverage,  the  group  policy  holder
 shall  mail  or  deliver written notice to the group member advising the
 group member of the cancellation of the group policy and  the  effective
 date  of cancellation. The group policy holder shall mail or deliver the
 written notice within ninety days after receiving notice of cancellation
 from the insurer.
   (B) An insurer's cancellation of an individual certificate  shall  not
 become  effective  until thirty days after the insurer mails or delivers
 written notice of cancellation to the group member at the group member's
 mailing address and to the group policyholder  at  the  mailing  address
 shown in the group policy.
   (3)  (A) A group policyholder may cancel a group policy, including all
 certificates, or any individual certificate, for any reason upon  thirty
 days written notice to the insurer and each group member; and
   (B)  The  group  policyholder  shall mail or deliver written notice to
 each affected group member of the group policyholder's  cancellation  of
 the  group policy or certificate and the effective date of cancellation.
 The group policyholder shall mail or deliver the written notice  to  the
 group  member's mailing address at least thirty days prior to the effec-
 tive date of cancellation.
   (4) (A) Unless a group policy provides for a longer policy period, the
 policy and all certificates shall be issued or renewed  for  a  one-year
 policy period.
   (B) The group policyholder shall be entitled to renew the group policy
 and  all  certificates  upon timely payment of the premium billed to the
 group policyholder for the renewal, unless:
   (i) the insurer mails or delivers to the group  policyholder  and  all
 group members written notice of nonrenewal, or conditional renewal; and
   (ii) the insurer mails or delivers the written notice at least thirty,
 but  not  more than one hundred twenty days prior to the expiration date
 specified in the policy or, if no date is specified, the  next  anniver-
 sary date of the policy.
   (5) Where the group policyholder nonrenews the group policy, the group
 policyholder  shall  mail or deliver written notice to each group member
 advising the group member of nonrenewal of  the  group  policy  and  the
 effective  date  of  nonrenewal.  The  group  policyholder shall mail or
 deliver written notice at least thirty days prior to the nonrenewal.
 S. 139                             11
 
   (6) Every notice of cancellation, nonrenewal, or  conditional  renewal
 shall  set forth the specific reason or reasons for cancellation, nonre-
 newal, or conditional renewal.
   (7) (A) An insurer shall not be required under this subsection to give
 notice  to  a group member if the insurer has been advised by either the
 group policyholder or another insurer that substantially similar  cover-
 age has been obtained from the other insurer without lapse of coverage.
   (B)  A  group policyholder shall not be required under this subsection
 to give notice to a group member if substantially similar  coverage  has
 been obtained from another insurer without lapse of coverage.
   (8)  (A)  If, prior to the effective date of cancellation, nonrenewal,
 or conditional renewal of the group policy, or  a  certificate,  whether
 initiated  by  the insurer, group policyholder or by the group member in
 regard to the group member's certificate, coverage attaches pursuant  to
 the  terms of a group policy, then the coverage shall be effective until
 expiration of the applicable period of coverage provided  in  the  group
 policy  notwithstanding  the  cancellation,  nonrenewal  or  conditional
 nonrenewal of the group policy.
   (B) Notwithstanding subparagraph (A) of this paragraph, an insurer may
 terminate coverage under an individual certificate on the effective date
 of cancellation, if the certificate is cancelled in accordance with  the
 provisions of subparagraph (B) of paragraph one of this subsection.
   (k)  Any  mailing  or delivery to a group member required or permitted
 under this section may be made by electronic mail  if  consent  to  such
 method of delivery has been previously received from such group member.
   (l)  (1)  An  insurer may issue a transportation network company group
 policy to a transportation network company, notwithstanding that it  may
 be  a  condition  of  operating  a vehicle on the transportation network
 company's digital network for the TNC  driver  to  participate  in  such
 group policy.
   (2)  AN INSURER MAY ISSUE A DELIVERY NETWORK COMPANY GROUP POLICY TO A
 DELIVERY NETWORK COMPANY, NOTWITHSTANDING THAT IT MAY BE A CONDITION  OF
 OPERATING  A  VEHICLE  ON THE DELIVERY NETWORK COMPANY'S DIGITAL NETWORK
 FOR THE DELIVERY NETWORK DRIVER TO PARTICIPATE IN SUCH GROUP POLICY.
   (m) An insurer shall not include a mandatory arbitration clause  in  a
 policy  that  provides  financial  responsibility  coverage  under  this
 section except as permitted in section five thousand one hundred five of
 [the insurance law] THIS CHAPTER.
   § 4. This act shall take effect one year after it shall have become  a
 law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  139--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Consumer  Protection
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted  to  said  committee  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the insurance law, in relation to bicycle delivery work-
   er insurance personal injury liability insurance
 
   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 2354
 to read as follows:
   § 2354. BICYCLE DELIVERY WORKER INSURANCE  PERSONAL  INJURY  LIABILITY
 INSURANCE. (A) AS USED IN THIS SECTION:
   (1)  "BICYCLE  DELIVERY CONTRACTOR" MEANS A PERSON, CORPORATION, PART-
 NERSHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS OPERATING  IN  NEW
 YORK STATE USING A DIGITAL NETWORK TO CONNECT BEA DELIVERY RECIPIENTS TO
 BICYCLE WITH ELECTRIC ASSIST DELIVERY WORKERS;
   (2)  "DIGITAL NETWORK" MEANS ANY WEBSITE, MOBILE APPLICATION, OR OTHER
 INTERNET SERVICE OFFERED OR UTILIZED BY A  BICYCLE  DELIVERY  CONTRACTOR
 THAT  ENABLES  DELIVERIES BY BICYCLE WITH ELECTRIC ASSIST DELIVERY WORK-
 ERS;
   (3) "BICYCLE WITH ELECTRIC ASSIST DELIVERY WORKERS" OR  "BEA  DELIVERY
 WORKERS" MEANS AN INDIVIDUAL WHO:
   (I)  RECEIVES  CONNECTIONS  TO  POTENTIAL  BEA DELIVERY RECIPIENTS AND
 RELATED SERVICES THROUGH A DIGITAL NETWORK; AND
   (II) USES A BICYCLE WITH ELECTRIC ASSIST AS  DEFINED  IN  SECTION  ONE
 HUNDRED  TWO-C  OF THE VEHICLE AND TRAFFIC LAW OR AN ELECTRIC SCOOTER AS
 DEFINED IN SECTION ONE HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW
 TO OFFER OR PROVIDE A PREARRANGED DELIVERY TO  BEA  DELIVERY  RECIPIENTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00726-06-5
 S. 139--B                           2
 
 THROUGH  A  DIGITAL NETWORK IN EXCHANGE FOR COMPENSATION OR PAYMENT OF A
 FEE;
   (4)  "BICYCLE WITH ELECTRIC ASSIST DELIVERY RECIPIENTS" OR "BEA DELIV-
 ERY RECIPIENTS" MEANS A PERSON OR PERSONS WHO USE A DIGITAL  NETWORK  TO
 CONNECT  WITH  A  BEA  DELIVERY  WORKER WHO PROVIDES DELIVERY OF FOOD OR
 OTHER ITEMS TO POINTS CHOSEN BY THE BEA DELIVERY RECIPIENT; AND
   (5) "BICYCLE DELIVERY CONTRACTOR PREARRANGED TRIP" OR "TRIP" MEANS THE
 PROVISION OF DELIVERY BY A BEA DELIVERY WORKER PROVIDED THROUGH THE  USE
 OF A DIGITAL NETWORK:
   (I) BEGINNING WHEN A BEA DELIVERY WORKER ACCEPTS A BEA DELIVERY RECIP-
 IENT'S REQUEST FOR A DELIVERY THROUGH A DIGITAL NETWORK;
   (II) CONTINUING WHILE THE BEA DELIVERY WORKER TRANSPORTS THE REQUESTED
 ITEMS ON A BICYCLE WITH ELECTRIC ASSIST; AND
   (III)  ENDING  WHEN  THE  LAST  REQUESTED ITEM IS DROPPED OFF FROM THE
 BICYCLE WITH ELECTRIC ASSIST AND MARKED AS COMPLETED BY A  BEA  DELIVERY
 WORKER ON THE DIGITAL NETWORK.
   (B)  (I) ALL BICYCLE DELIVERY CONTRACTORS MUST PROVIDE PERSONAL INJURY
 LIABILITY INSURANCE AS DEFINED IN PARAGRAPH THIRTEEN OF  SUBSECTION  (A)
 OF  SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THIS CHAPTER TO COMPEN-
 SATE PERSONS INJURED BY A BEA  DELIVERY  WORKER  WHILE  SUCH  WORKER  IS
 UNDERGOING  A TRIP, AT NO MORE THAN TWENTY THOUSAND DOLLARS PER INCIDENT
 INVOLVING A BEA DELIVERY WORKER.
   (II) INSURANCE PURCHASED THROUGH THIS  POLICY  WILL  BE  PRIMARY  OVER
 OTHER  APPLICABLE  INSURANCE  POLICIES  AND  SHALL  NOT INCLUDE NO-FAULT
 COVERAGE.
   (III) THE INSURANCE POLICY MUST BE WRITTEN BY AN INSURER  LICENSED  TO
 WRITE INSURANCE IN THIS STATE OR PROCURED BY A DULY LICENSED EXCESS LINE
 BROKER  PURSUANT  TO  SECTION  TWO THOUSAND ONE HUNDRED EIGHTEEN OF THIS
 CHAPTER.
   (C) ALL BICYCLE DELIVERY CONTRACTORS MUST PROVIDE NOTICE TO BEA DELIV-
 ERY WORKERS THAT THEY PROVIDE PERSONAL  INJURY  LIABILITY  INSURANCE.  A
 BICYCLE DELIVERY CONTRACTOR MUST ALSO POST THIS NOTICE ON ITS WEBSITE IN
 A PROMINENT PLACE AND PROVIDE CONTACT INFORMATION FOR THE DEPARTMENT.
   (D)  THE  SUPERINTENDENT  IS  AUTHORIZED  TO PROMULGATE SUCH RULES AND
 REGULATIONS TO IMPLEMENT THIS SECTION, INCLUDING REGULATIONS TO  ADDRESS
 INSURANCE  COVERAGE  UNDER  THIS SECTION WHEN A BEA DELIVERY WORKER USES
 MULTIPLE DIGITAL NETWORKS SIMULTANEOUSLY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.