Senate Bill S4809A

2025-2026 Legislative Session

Relates to captive insurance for commuter vans, black cars, ambulettes and paratransit vehicles, and small school buses, pre-arranged for-hire vehicles, and accessible vehicles

download bill text pdf

Current Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2025	print number 4809b
Jun 05, 2025	amend (t) and recommit to insurance
May 27, 2025	amend by restoring to original print 4809
Mar 12, 2025	amend (t) and recommit to insurance
Feb 13, 2025	referred to insurance
Mar 12, 2025	print number 4809a

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2025-S4809 - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §7013, Ins L

2025-S4809 - Summary

Establishes a captive insurance program for commuter vans, black cars, ambulettes and paratransit vehicles, small school buses, and charter buses that are engaged in the business of carrying or transporting nine to twenty-four passengers for hire; pre-arranged for-hire vehicles and accessible vehicles; defines terms.

2025-S4809 - Sponsor Memo

                                 
BILL NUMBER: S4809

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the insurance law, in relation to establishing a captive
insurance program for commuter vans, black cars, ambulettes and para-
transit vehicles, and small school buses

 
PURPOSE:

The purpose of this legislation is to provide for-hire vehicle operators
the option for a parent insurance company to provide risk mitigation
services in underwriting to reduce insurance rates for policyholders
that experience excessive insurance costs in New York State

 
SUMMARY OF PROVISIONS:

Section 1 creates a captive insurance program for commuter vans, pre-ar-
ranged for-hire vehicles, and accessible vehicles.

Section 2 provides the effective date.

 
JUSTIFICATION:

The culmination of issues that have affected the for-hire transit market
in NY have made commuter vans and other transit options expensive to
operate by reducing the financial pool from which insurers could pull
from for claims, thereby putting greater costs onto vehicle operators.

Commuter van numbers in NYC dwindled from 300+ to -50 during COVID 19.
Many commuter vans and other transit options are being booted and repos-
sessed because they can't afford to operate. Since the Parks Insurance
receivership, insurance policies were forced into the DFS assigned risk
plan through AIPSO. Due to NYS insurance costs exceeding $40,000-55,000/
year per driver/van under this policy, many drivers use New Jersey,
Connecticut or other out of state plates to operate in New York City.

This bill aims to stabilize the NYS for hire transit market by creating
a captive insurance program under DFS, where insurers can provide risk
mitigation services to strategically reduce the cost of insurance for
drivers where the costs have continued to be prohibitive for entrepre-
neurs.

 
LEGISLATIVE HISTORY:

2024: S8432/ A9099 Amended and Vetoed memo.83

2023: 54862 COMRIE /  A5294 Anderson - vetoed

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2025-S4809 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4809
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced by Sens. COMRIE, BAILEY, BRISPORT, CLEARE, COONEY, FERNANDEZ,
   HARCKHAM,  JACKSON,  LIU, MAY, MYRIE, PARKER, PERSAUD, SANDERS, STAVI-
   SKY, WEBB -- read twice and ordered printed, and when  printed  to  be
   committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to establishing a captive
   insurance  program for commuter vans, black cars, ambulettes and para-
   transit vehicles, and small school buses
 
   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 7013
 to read as follows:
   § 7013. CAPTIVE INSURANCE  PROGRAM  FOR  COMMUTER  VANS,  PRE-ARRANGED
 FOR-HIRE  VEHICLES,  AND  ACCESSIBLE  VEHICLES.   (A) THE SUPERINTENDENT
 SHALL UTILIZE AND IMPLEMENT A CAPTIVE  INSURANCE  PROGRAM  FOR  COMMUTER
 VANS,  PRE-ARRANGED  FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES THAT ARE
 ENGAGED IN THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS FOR HIRE.
 THE PROGRAM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (1) IDENTIFYING AND LICENSING A CAPTIVE INSURANCE COMPANY OR COMPANIES
 TO PROVIDE NECESSARY INSURANCE COVERAGE TO COMMUTER  VANS,  PRE-ARRANGED
 FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES;
   (2)  STANDARDS  FOR ENROLLMENT OF ELIGIBLE COMMUTER VANS, PRE-ARRANGED
 FOR-HIRE VEHICLES, AND  ACCESSIBLE  VEHICLES  INCLUDING  MECHANISMS  FOR
 DETERMINING ELIGIBILITY; AND
   (3) STANDARDS FOR MONITORING THE PERFORMANCE OF SUCH CAPTIVE INSURANCE
 COMPANY  OR  COMPANIES  IN  PROVIDING  AFFORDABLE  INSURANCE COVERAGE TO
 COMMUTER VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND  ACCESSIBLE  VEHICLES
 PARTICIPATING IN THE PROGRAM PURSUANT TO SUBSECTION (C) OF THIS SECTION.
   (B)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (1) "COMMUTER VAN" SHALL MEAN A COMMUTER VAN SERVICE HAVING A  SEATING
 CAPACITY  OF NINE PASSENGERS BUT NOT MORE THAN TWENTY-FOUR PASSENGERS OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06067-01-5

 S. 4809                             2
 
 SUCH GREATER CAPACITY AS THE SUPERINTENDENT MAY ESTABLISH  BY  RULE  AND
 CARRYING PASSENGERS FOR HIRE. THE TERM "COMMUTER VAN" SHALL INCLUDE, BUT
 NOT BE LIMITED TO, SHUTTLES AND TRANSPORTATION VANS.
   (2) "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 THE VEHICLE AND TRAFFIC LAW.
 THE TERM "PRE-ARRANGED FOR-HIRE VEHICLE"  SHALL  APPLY  TO  VEHICLES  AS
 DEFINED IN THIS PARAGRAPH REGARDLESS OF ANY OTHER PROVISION OF LOCAL LAW
 OR  RULE DEFINING OR DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS
 SCHOOL BUS, CHARTER BUS, LIVERY, TAXI, BLACK CAR, OR LUXURY LIMOUSINE.
   (3) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
   (A) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
 DISABILITIES ACT OF 1990, AS AMENDED, AND  THE  REGULATIONS  PROMULGATED
 THEREUNDER;
   (B)  IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
 ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE  WHEEL-
 CHAIRS,  SCOOTERS,  OR  OTHER  MOBILITY AIDS WHILE THEY REMAIN SEATED IN
 THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
   (C) 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;
   (D)  IS  EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (I) BRAILLE; AND
 (II) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
 VISION;
   (E) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
   (F) 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;
   (G) SHALL INCLUDE, BUT NOT BE LIMITED TO, "AMBULETTE" WHICH SHALL HAVE
 THE SAME MEANING SET FORTH IN 17 NYCRR PART 720.8 OR "PARATRANSIT" VEHI-
 CLE  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.
   (C) INSURANCE COMPANIES SHALL MAINTAIN REQUIREMENTS, INCLUDING BUT NOT
 LIMITED  TO:  $500,000  COMBINED  SINGLE  LIMITS (CSL); $50,000 PERSONAL
 INJURY PROTECTION (PIP) (BASIC); AND  $25,000/$50,000 UNINSURED MOTORIST
 COVERAGE (UM/UIM).   IN ADDITION, ALL  NO  FAULT  INSURANCE  RELATED  TO
 COMMUTER  VANS,  PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES
 INSURED IN THIS PROGRAM WILL RELY ON THE  MEDICAL  TREATMENT  GUIDELINES
 PROMULGATED IN EXISTING WORKERS' COMPENSATION LAW.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2025-S4809A - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §7013, Ins L

2025-S4809A - Summary

2025-S4809A - Sponsor Memo

                                 
BILL NUMBER: S4809A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the insurance law and the vehicle and traffic law, in
relation to captive insurance for commuter vans, black cars, ambulettes
and paratransit vehicles, and small school buses

 
PURPOSE:

The purpose of this legislation is to provide for-hire vehicle operators
the option for a parent insurance company to provide risk mitigation
services in underwriting to reduce insurance rates for policyholders
that experience excessive insurance costs in New York State

 
SUMMARY OF PROVISIONS:

Section 1 authorizes a captive insurance program for commuter vans,
pre-arranged for-hire vehicles, transportation network companies and
accessible vehicles.

Section 2 provides the effective date.

 
JUSTIFICATION:

The culmination of issues that have affected and greatly reduced the
overall numbers for the for-hire transit market in NY have made commuter
vans and other transit options expensive to operate by reducing the
financial pool from which insurers could pull from for claims, thereby
putting greater costs onto vehicle operators.

Commuter van numbers in NYC dwindled from 300+ to -50 during COVID 19.
Many commuter vans and for-hire vehicles are being booted and repos-
sessed because they can't afford to operate much less, retain their
vehicles. Since the Parks Insurance receivership, insurance policies
were forced into the DFS assigned risk plan through AIPSO.  Due to NYS
insurance costs exceeding $40,000-55,000/ year per driver/van under this
policy post COVID, many drivers use New Jersey, Connecticut or other out
of state plates to operate in New York City.

This bill aims to stabilize the NYS for hire transit market by authoriz-
ing captive insurance, where insurers can provide risk mitigation
services to strategically reduce the cost of insurance for drivers where
the costs have continued to be prohibitive for entrepreneurs.

 
LEGISLATIVE HISTORY:

2024: S8432/ A9099 Amended and Vetoed memo.83

2023: S4862 COMRIE / A5294 Anderson - vetoed

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2025-S4809A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4809--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced by Sens. COMRIE, BAILEY, BRISPORT, CLEARE, COONEY, FERNANDEZ,
   HARCKHAM,  JACKSON,  LIU, MAY, MYRIE, PARKER, PERSAUD, SANDERS, STAVI-
   SKY, WEBB -- read twice and ordered printed, and when  printed  to  be
   committed  to the Committee on Insurance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend the insurance law and the vehicle and traffic law, in
   relation to captive insurance for commuter  vans,  black  cars,  ambu-
   lettes and paratransit vehicles, and small school buses
 
   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  7013
 to read as follows:
   §  7013.  CAPTIVE  INSURANCE  FOR COMMUTER VANS, PRE-ARRANGED FOR-HIRE
 VEHICLES, TRANSPORTATION NETWORK  COMPANIES,  AND  ACCESSIBLE  VEHICLES.
 (A)   NOTWITHSTANDING   ANY  PROVISIONS  TO  THE  CONTRARY  PURSUANT  TO
 SUBSECTION (B) OF SECTION SEVEN THOUSAND THREE OF THIS ARTICLE, COMMUTER
 VANS, PRE-ARRANGED FOR-HIRE VEHICLES, TRANSPORTATION NETWORK  COMPANIES,
 AND  ACCESSIBLE VEHICLES THAT ARE ENGAGED IN THE BUSINESS OF CARRYING OR
 TRANSPORTING PASSENGERS FOR HIRE MAY CREATE A  GROUP  CAPTIVE  INSURANCE
 COMPANY OR COMPANIES.  THE SUPERINTENDENT SHALL IMPLEMENT:
   (1)  STANDARDS  FOR ENROLLMENT OF ELIGIBLE COMMUTER VANS, PRE-ARRANGED
 FOR-HIRE VEHICLES,  TRANSPORTATION  NETWORK  COMPANIES,  AND  ACCESSIBLE
 VEHICLES INCLUDING MECHANISMS FOR DETERMINING ELIGIBILITY; AND
   (2) STANDARDS FOR MONITORING THE PERFORMANCE OF SUCH CAPTIVE INSURANCE
 COMPANY  OR  COMPANIES  IN  PROVIDING  AFFORDABLE  INSURANCE COVERAGE TO
 COMMUTER VANS, PRE-ARRANGED FOR-HIRE  VEHICLES,  TRANSPORTATION  NETWORK
 COMPANIES,  AND  ACCESSIBLE  VEHICLES PURSUANT TO SUBSECTION (C) OF THIS
 SECTION.
   (B) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (1)  "COMMUTER VAN" SHALL MEAN A COMMUTER VAN SERVICE HAVING A SEATING
 CAPACITY OF NINE PASSENGERS BUT NOT MORE THAN TWENTY-FOUR PASSENGERS  OR
 SUCH  GREATER  CAPACITY  AS THE SUPERINTENDENT MAY ESTABLISH BY RULE AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06067-02-5
 S. 4809--A                          2
 
 CARRYING PASSENGERS FOR HIRE. THE TERM "COMMUTER VAN" SHALL INCLUDE, BUT
 NOT BE LIMITED TO, SHUTTLES AND TRANSPORTATION VANS.
   (2) "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 THE VEHICLE AND TRAFFIC LAW.
 THE TERM "PRE-ARRANGED FOR-HIRE VEHICLE"  SHALL  APPLY  TO  VEHICLES  AS
 DEFINED IN THIS PARAGRAPH REGARDLESS OF ANY OTHER PROVISION OF LOCAL LAW
 OR  RULE DEFINING OR DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS
 SCHOOL BUS, CHARTER BUS, LIVERY, TAXI, BLACK CAR, OR LUXURY LIMOUSINE.
   (3) "TRANSPORTATION NETWORK COMPANY" SHALL HAVE THE  SAME  MEANING  AS
 SET FORTH IN SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE AND TRAF-
 FIC LAW.
   (4) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
   (A) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
 DISABILITIES  ACT  OF  1990, AS AMENDED, AND THE REGULATIONS PROMULGATED
 THEREUNDER;
   (B) IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT  OR
 ALTERATION,  SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE WHEEL-
 CHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS WHILE  THEY  REMAIN  SEATED  IN
 THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
   (C)  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;
   (D) IS EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (I)  BRAILLE;  AND
 (II) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
 VISION;
   (E) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
   (F)  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;
   (G) SHALL INCLUDE, BUT NOT BE LIMITED TO, "AMBULETTE" WHICH SHALL HAVE
 THE SAME MEANING SET FORTH IN 17 NYCRR PART 720.8 OR "PARATRANSIT" VEHI-
 CLE 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.
   (C) CAPTIVE INSURANCE COMPANIES CREATED PURSUANT TO THIS SECTION SHALL
 PROVIDE MINIMUM LIMITS AND COVERAGES AS REQUIRED BY LAW.   IN  ADDITION,
 ALL  NO  FAULT INSURANCE RELATED TO COMMUTER VANS, PRE-ARRANGED FOR-HIRE
 VEHICLES, TRANSPORTATION  NETWORK  COMPANIES,  AND  ACCESSIBLE  VEHICLES
 INSURED  IN  THIS  PROGRAM WILL RELY ON THE MEDICAL TREATMENT GUIDELINES
 PROMULGATED IN EXISTING WORKERS' COMPENSATION LAW.
   § 2. Subdivision 8 of section 1229-c of the vehicle and  traffic  law,
 as  added  by  chapter  365  of  the laws of 1984, is amended to read as
 follows:
   8. Non-compliance with the provisions of this section shall  [not]  be
 admissible  as  evidence in any civil action in a court of law in regard
 to the issue of liability [but] AND may be introduced into  evidence  in
 mitigation  of  damages provided the party introducing said evidence has
 pleaded such non-compliance as an affirmative defense.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2025-S4809B (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §7013, Ins L

2025-S4809B (ACTIVE) - Summary

2025-S4809B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4809B

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the insurance law, in relation to captive insurance for
commuter vans, black cars, ambulettes and paratransit vehicles, and
small school buses

 
PURPOSE:

The purpose of this legislation is to provide for-hire vehicle operators
the option for a parent insurance company to provide risk mitigation
services in underwriting to reduce insurance rates for policyholders
that experience excessive insurance costs in New York State

 
SUMMARY OF PROVISIONS:

Section 1 creates a captive insurance program for commuter vans, pre-ar-
ranged for-hire vehicles, and accessible vehicles.

Section 2 provides the effective date.

 
DIFFERENCE BETWEEN AMENDED VERSION AND ORIGINAL:

This print strikes livery from consideration.

 
JUSTIFICATION:

The culmination of issues that have affected the for-hire transit market
in NY have made commuter vans and other transit, options expensive to
operate by reducing the financial pool from which insurers could pull
from for claims, thereby putting greater costs onto vehicle operators.

Commuter van numbers in NYC dwindled from 300+ to -50 during COVID 19.
Many commuter vans and other transit options are being booted and repos-
sessed because they can't afford to operate. Since the Parks Insurance
receivership, insurance policies were forced into the DFS assigned risk
plan through AIPSO. Due to NYS insurance costs exceeding $40,000-55,000/
year per driver/van under this policy, many drivers use New Jersey,
Connecticut or other out of state plates to operate in New York City.

This bill aims to stabilize the NYS for hire transit market by creating
a captive insurance program under DFS, where insurers can provide risk
mitigation services to strategically reduce the cost of insurance for
drivers where the costs have continued to be prohibitive for entrepre-
neurs.

 
LEGISLATIVE HISTORY:

2024: S8432/ A9099 Amended and Vetoed memo.83

2023: S4862 COMRIE / A5294 Anderson - vetoed

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2025-S4809B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4809--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced by Sens. COMRIE, BAILEY, BRISPORT, CLEARE, COONEY, FERNANDEZ,
   HARCKHAM,  JACKSON,  LIU, MAY, MYRIE, PARKER, PERSAUD, SANDERS, STAVI-
   SKY, WEBB -- read twice and ordered printed, and when  printed  to  be
   committed  to the Committee on Insurance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the insurance law, in relation to captive insurance for
   commuter vans, black cars, ambulettes and  paratransit  vehicles,  and
   small school buses
 
   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  7013
 to read as follows:
   §  7013.  CAPTIVE  INSURANCE  PROGRAM  FOR COMMUTER VANS, PRE-ARRANGED
 FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES.    (A)  NOTWITHSTANDING  ANY
 PROVISION  OF PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION SEVEN THOUSAND
 THREE OF THIS ARTICLE TO THE CONTRARY, COMMUTER VANS, PRE-ARRANGED  FOR-
 HIRE  VEHICLES, AND ACCESSIBLE VEHICLES THAT ARE ENGAGED IN THE BUSINESS
 OF CARRYING OR TRANSPORTING PASSENGERS  FOR  HIRE  MAY  CREATE  A  GROUP
 CAPTIVE  INSURANCE COMPANY OR COMPANIES. THE SUPERINTENDENT SHALL IMPLE-
 MENT:
   (1) STANDARDS FOR ENROLLMENT OF ELIGIBLE COMMUTER  VANS,  PRE-ARRANGED
 FOR-HIRE  VEHICLES,  AND  ACCESSIBLE  VEHICLES  INCLUDING MECHANISMS FOR
 DETERMINING ELIGIBILITY; AND
   (2) STANDARDS FOR MONITORING THE PERFORMANCE OF SUCH CAPTIVE INSURANCE
 COMPANY OR COMPANIES  IN  PROVIDING  AFFORDABLE  INSURANCE  COVERAGE  TO
 COMMUTER  VANS,  PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES
 PARTICIPATING IN THE PROGRAM PURSUANT TO SUBSECTION (C) OF THIS SECTION.
   (B) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06067-04-5
 S. 4809--B                          2

 
   (1)  "COMMUTER VAN" SHALL MEAN A COMMUTER VAN SERVICE HAVING A SEATING
 CAPACITY OF NINE PASSENGERS BUT NOT MORE THAN TWENTY-FOUR PASSENGERS  OR
 SUCH  GREATER  CAPACITY  AS THE SUPERINTENDENT MAY ESTABLISH BY RULE AND
 CARRYING PASSENGERS FOR HIRE. THE TERM "COMMUTER VAN" SHALL INCLUDE, BUT
 NOT BE LIMITED TO, SHUTTLES AND TRANSPORTATION VANS.
   (2) "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 THE VEHICLE AND TRAFFIC LAW.
 THE TERM "PRE-ARRANGED FOR-HIRE VEHICLE"  SHALL  APPLY  TO  VEHICLES  AS
 DEFINED IN THIS PARAGRAPH REGARDLESS OF ANY OTHER PROVISION OF LOCAL LAW
 OR  RULE DEFINING OR DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS
 SCHOOL BUS, CHARTER BUS, TAXI, BLACK CAR, OR LUXURY LIMOUSINE.
   (3) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
   (A) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
 DISABILITIES ACT OF 1990, AS AMENDED, AND  THE  REGULATIONS  PROMULGATED
 THEREUNDER;
   (B)  IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
 ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE  WHEEL-
 CHAIRS,  SCOOTERS,  OR  OTHER  MOBILITY AIDS WHILE THEY REMAIN SEATED IN
 THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
   (C) 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;
   (D)  IS  EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (I) BRAILLE; AND
 (II) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
 VISION;
   (E) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
   (F) 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;
   (G) SHALL INCLUDE, BUT NOT BE LIMITED TO, "AMBULETTE" WHICH SHALL HAVE
 THE SAME MEANING SET FORTH IN 17 NYCRR PART 720.8 OR "PARATRANSIT" VEHI-
 CLE  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.
   (C)  SUCH CAPTIVE INSURANCE COMPANIES SHALL PROVIDE MINIMUM LIMITS AND
 COVERAGES AS REQUIRED BY LAW.   IN  ADDITION,  ALL  NO  FAULT  INSURANCE
 RELATED TO COMMUTER VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE
 VEHICLES  INSURED  IN  THIS  SECTION  WILL RELY ON THE MEDICAL TREATMENT
 GUIDELINES PROMULGATED IN EXISTING WORKERS' COMPENSATION LAW.
   § 2. This act shall take effect immediately.

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