NY State Senate Bill 2025-S9633

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 31, 2026	referred to insurance

2025-S9633 (ACTIVE) - Details

See Assembly Version of this Bill:: A1823
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §2354, Ins L
Versions Introduced in 2023-2024 Legislative Session:: S6760, A7318

2025-S9633 (ACTIVE) - Summary

Requires bicycle delivery contractors to provide personal injury liability insurance to compensate persons injured by a bicycle delivery worker and to provide notice to delivery workers that the contractor provides personal injury liability insurance; authorizes the superintendent of financial services to promulgate rules and regulations.

2025-S9633 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9633

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the insurance law, in relation to bicycle delivery work-
er insurance personal injury liability insurance

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1, part a of the bill requires creates definitions of a bicycle
delivery contractor, digital network, third party courier service, BEA
delivery worker, BEA delivery recipient, trip.

Section 1, part b of the bill mandates that all bicycle delivery
contractors provide personal injury liability insurance to persons
injured by a BEA delivery worker while undergoing a trip.

Section 1, part c of the bill requires that bicycle delivery contractors
provide notice to BEA delivery workers that insurance is provided.

Section 1, part d of the bill authorizes the superintend of financial
services to promulgate rules and regulations to implement this bill,

including in the scenario where a BEA delivery worker uses multiple
digital networks simultaneously.

Section 5 sets the effective date

 
JUSTIFICATION:

Electric bikes and scooters have made life easier and greener for count-
less New Yorkers, but they still pose a significant safety risk to
riders and pedestrians when operated recklessly. Legal electric scooters
can weigh up to 100-pounds and travel up to 20 miles per hour, generat-
ing more than enough force to seriously injure or even kill pedestrians.
While cars and trucks remain the greatest threat to pedestrians in New
York, the rapid proliferation of electric bikes and scooters have caused
a significant amount of fear among pedestrians for their. safety.

The rise in reckless e-bike and scooter use has been aided by third-par-
ty delivery apps, which incentivize their delivery people to make as
many deliveries as possible as fast as possible. The services engage
delivery people as independent contractors, meaning they are not subject
to many of the workplace protections as regular employees and they are
not subject to liability for their delivery people's tortious conduct.
When a pedestrian or other road user is struck by a delivery person,
they often have no legal recourse or compensation for their injuries and
medical care. The injuries from these collisions can be life-altering.

This bill will ensure that third-party delivery services are directly
invested in the safe conduct of their delivery people and that, in the
unfortunate case of a collision, the victim has an adequate source of
compensation for their medical care, pain and suffering by requiring
insurance coverage for delivery persons while engaged with a third-party
delivery service. The insurance requirements of this bill are similar to
those required by state law for for-hire vehicle drivers working for
transportation network companies.

 
LEGISLATIVE HISTORY:
S.6760 of 2023-2024 (Hoylman-Sigal): Died in Consumer Protection

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect one hundred eighty days after it becomes law.

2025-S9633 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9633
 
                             I N  S E N A T E
 
                              March 31, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00726-10-6
 S. 9633                             2

 
   (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.

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Senate Bill S9633

Sponsored By

Current Bill Status - In Senate Committee Insurance Committee

Actions

2025-S9633 (ACTIVE) - Details

2025-S9633 (ACTIVE) - Summary

2025-S9633 (ACTIVE) - Sponsor Memo

2025-S9633 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jamaal T. Bailey

Current Bill Status - In Senate Committee Insurance Committee

Actions

2025-S9633 (ACTIVE) - Details

2025-S9633 (ACTIVE) - Summary

2025-S9633 (ACTIVE) - Sponsor Memo

2025-S9633 (ACTIVE) - Bill Text download pdf

Comments