S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9903
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend the vehicle and traffic law and the insurance law, in
   relation to requiring liability insurance for bicycles  with  electric
   assist  and  electric  scooters  in  cities having a population of one
   million or more

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1244 to read as follows:
   § 1244. LIABILITY INSURANCE. 1. A BICYCLE WITH ELECTRIC  ASSIST  WHICH
 IS  OPERATED  ANYWHERE  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE OTHER THAN ON LANDS OF THE OWNER  OF  SUCH  BICYCLE  WITH  ELECTRIC
 ASSIST  SHALL  BE COVERED BY A POLICY OF INSURANCE, IN SUCH LANGUAGE AND
 FORM AS SHALL BE DETERMINED AND ESTABLISHED  BY  THE  SUPERINTENDENT  OF
 FINANCIAL  SERVICES,  ISSUED  BY  AN  INSURANCE CARRIER AUTHORIZED TO DO
 BUSINESS IN THIS STATE. SUCH POLICY SHALL PROVIDE FOR COVERAGES REQUIRED
 OF AN "OWNER'S POLICY OF LIABILITY INSURANCE" AS SET FORTH IN  PARAGRAPH
 (A) OF SUBDIVISION FOUR OF SECTION THREE HUNDRED ELEVEN OF THIS CHAPTER.
 IN  LIEU OF SUCH INSURANCE COVERAGE AS HEREINABOVE PROVIDED, THE COMMIS-
 SIONER, IN HIS OR HER DISCRETION AND UPON APPLICATION OF A  GOVERNMENTAL
 AGENCY  HAVING REGISTERED IN ITS NAME ONE OR MORE BICYCLES WITH ELECTRIC
 ASSIST, MAY WAIVE THE REQUIREMENT OF INSURANCE BY  A  PRIVATE  INSURANCE
 CARRIER  AND  ISSUE  A  CERTIFICATE OF SELF-INSURANCE, WHEN HE OR SHE IS
 SATISFIED THAT SUCH GOVERNMENTAL AGENCY IS POSSESSED OF FINANCIAL ABILI-
 TY TO RESPOND TO JUDGMENTS OBTAINED  AGAINST  IT,  ARISING  OUT  OF  THE
 OWNERSHIP,  USE  OR OPERATION OF SUCH BICYCLES WITH ELECTRIC ASSIST. THE
 COMMISSIONER MAY ALSO WAIVE THE REQUIREMENT OF INSURANCE  BY  A  PRIVATE
 INSURANCE  CARRIER AND ISSUE A CERTIFICATE OF SELF-INSURANCE UPON APPLI-
 CATION OF ANY PERSON OR ANY OTHER CORPORATION, HAVING REGISTERED IN  ITS
 NAME,  ONE OR MORE BICYCLES WITH ELECTRIC ASSIST AND FURNISHING OF PROOF
 THAT A CERTIFICATE OF SELF-INSURANCE HAS BEEN ISSUED AND  IS  IN  EFFECT
 PURSUANT  TO  THE  PROVISIONS  OF  SECTION THREE HUNDRED SIXTEEN OF THIS
 CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15321-01-2
 A. 9903                             2

   2. PROOF OF INSURANCE AS REQUIRED BY THIS SECTION  SHALL  BE  PRODUCED
 AND  DISPLAYED  BY  THE  OWNER OR OPERATOR OF SUCH BICYCLE WITH ELECTRIC
 ASSIST UPON THE REQUEST OF ANY MAGISTRATE OR ANY PERSON HAVING AUTHORITY
 TO ENFORCE THE PROVISIONS OF THIS CHAPTER. 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 BICYCLE WITH ELECTRIC ASSIST  IS
 BEING OPERATED WITHOUT HAVING SUCH INSURANCE IN FORCE AND EFFECT.
   3.  PROOF  OF  INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY THE OWNER OR OPERATOR OF  SUCH  BICYCLE  WITH  ELECTRIC
 ASSIST  TO ANY PERSON WHO HAS SUFFERED OR CLAIMS TO HAVE SUFFERED EITHER
 PERSONAL INJURY OR PROPERTY DAMAGE AS A RESULT OF THE OPERATION OF  SUCH
 BICYCLE WITH ELECTRIC ASSIST BY THE OWNER OR OPERATOR, 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.
   4.  NO OWNER OF A BICYCLE WITH ELECTRIC ASSIST SHALL OPERATE OR PERMIT
 THE SAME TO BE OPERATED ANYWHERE IN A CITY  WITH  A  POPULATION  OF  ONE
 MILLION  OR  MORE  OTHER  THAN ON LANDS OF THE OWNER OF THE BICYCLE WITH
 ELECTRIC ASSIST WITHOUT HAVING IN FULL FORCE AND  EFFECT  THE  LIABILITY
 INSURANCE COVERAGE REQUIRED BY THIS SECTION, AND NO PERSON SHALL OPERATE
 A  BICYCLE  WITH ELECTRIC ASSIST ANYWHERE IN A CITY WITH A POPULATION OF
 ONE MILLION OR MORE OTHER THAN ON LANDS OF THE OWNER OF THE BICYCLE WITH
 ELECTRIC ASSIST WITH THE KNOWLEDGE THAT SUCH INSURANCE IS  NOT  IN  FULL
 FORCE AND EFFECT.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1290 to read as follows:
   § 1290. LIABILITY INSURANCE. 1. AN ELECTRIC SCOOTER WHICH IS  OPERATED
 ANYWHERE IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OTHER THAN
 ON  LANDS  OF  THE  OWNER OF SUCH ELECTRIC SCOOTER SHALL BE COVERED BY A
 POLICY OF INSURANCE, IN SUCH LANGUAGE AND FORM AS  SHALL  BE  DETERMINED
 AND  ESTABLISHED  BY THE SUPERINTENDENT OF FINANCIAL SERVICES, ISSUED BY
 AN INSURANCE CARRIER AUTHORIZED TO DO BUSINESS IN THIS STATE. SUCH POLI-
 CY SHALL PROVIDE FOR COVERAGES REQUIRED OF AN "OWNER'S POLICY OF LIABIL-
 ITY INSURANCE" AS SET FORTH IN PARAGRAPH  (A)  OF  SUBDIVISION  FOUR  OF
 SECTION  THREE HUNDRED ELEVEN OF THIS CHAPTER. IN LIEU OF SUCH INSURANCE
 COVERAGE AS HEREINABOVE  PROVIDED,  THE  COMMISSIONER,  IN  HIS  OR  HER
 DISCRETION  AND  UPON APPLICATION OF A GOVERNMENTAL AGENCY HAVING REGIS-
 TERED IN ITS NAME ONE OR MORE ELECTRIC SCOOTERS, MAY WAIVE THE  REQUIRE-
 MENT OF INSURANCE BY A PRIVATE INSURANCE CARRIER AND ISSUE A CERTIFICATE
 OF  SELF-INSURANCE,  WHEN  HE OR SHE IS SATISFIED THAT SUCH GOVERNMENTAL
 AGENCY IS  POSSESSED  OF  FINANCIAL  ABILITY  TO  RESPOND  TO  JUDGMENTS
 OBTAINED  AGAINST  IT, ARISING OUT OF THE OWNERSHIP, USE OR OPERATION OF
 SUCH ELECTRIC SCOOTERS. THE COMMISSIONER MAY ALSO WAIVE THE  REQUIREMENT
 OF  INSURANCE  BY A PRIVATE INSURANCE CARRIER AND ISSUE A CERTIFICATE OF
 SELF-INSURANCE UPON APPLICATION OF ANY PERSON OR ANY OTHER  CORPORATION,
 HAVING  REGISTERED  IN  ITS  NAME,  ONE  OR  MORE  ELECTRIC SCOOTERS AND
 FURNISHING OF PROOF THAT A CERTIFICATE OF SELF-INSURANCE HAS BEEN ISSUED
 AND IS IN EFFECT PURSUANT TO THE PROVISIONS  OF  SECTION  THREE  HUNDRED
 SIXTEEN OF THIS CHAPTER.
   2.  PROOF  OF  INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH ELECTRIC SCOOTER UPON THE
 REQUEST OF ANY MAGISTRATE OR ANY PERSON HAVING AUTHORITY TO ENFORCE  THE
 PROVISIONS  OF  THIS CHAPTER. THE FAILURE TO PRODUCE SUCH PROOF UPON THE
 REQUEST OF ANY SUCH PERSON SHALL NOT BE AN OFFENSE BUT SHALL BE PRESUMP-
 A. 9903                             3
 
 TIVE EVIDENCE THAT SUCH  ELECTRIC  SCOOTER  IS  BEING  OPERATED  WITHOUT
 HAVING SUCH INSURANCE IN FORCE AND EFFECT.
   3.  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 PERSONAL INJU-
 RY  OR  PROPERTY  DAMAGE  AS  A RESULT OF THE OPERATION OF SUCH ELECTRIC
 SCOOTER BY THE  OWNER  OR  OPERATOR,  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  SUBDIVI-
 SION  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.
   4. NO OWNER OF AN ELECTRIC SCOOTER SHALL OPERATE OR PERMIT THE SAME TO
 BE OPERATED ANYWHERE IN A CITY WITH A POPULATION OF ONE MILLION OR  MORE
 OTHER  THAN ON LANDS OF THE OWNER OF THE ELECTRIC SCOOTER WITHOUT HAVING
 IN FULL FORCE AND EFFECT THE LIABILITY INSURANCE  COVERAGE  REQUIRED  BY
 THIS  SECTION,  AND NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER ANYWHERE
 IN A CITY WITH A POPULATION OF ONE MILLION OR MORE OTHER THAN  ON  LANDS
 OF THE OWNER OF THE ELECTRIC SCOOTER WITH THE KNOWLEDGE THAT SUCH INSUR-
 ANCE IS NOT IN FULL FORCE AND EFFECT.
   §  3.  Subsection (f) of section 5103 of the insurance law, as amended
 by chapter 402 of the laws of 1986, is amended to read as follows:
   (f)  Every  owner's  policy  of  liability  insurance  issued   on   a
 motorcycle,  BICYCLE  WITH  ELECTRIC  ASSIST, ELECTRIC SCOOTER or an all
 terrain vehicle in satisfaction of the requirements of  article  six  or
 eight  of the vehicle and traffic law, SECTION TWELVE HUNDRED FORTY-FOUR
 OF SUCH LAW, SECTION TWELVE HUNDRED NINETY OF SUCH LAW, or section twen-
 ty-four hundred seven of such law shall also provide  for;  every  owner
 who  maintains another form of financial security on a motorcycle, BICY-
 CLE WITH ELECTRIC ASSIST, ELECTRIC SCOOTER or an all terrain vehicle  in
 satisfaction  of the requirements of such articles or [section] SECTIONS
 shall be liable for; and every owner of a motorcycle, BICYCLE WITH ELEC-
 TRIC ASSIST, ELECTRIC SCOOTER or an all terrain vehicle required  to  be
 subject  to the provisions of this article by subdivision two of section
 three hundred twenty-one of such law shall be liable for; the payment of
 first party benefits to persons, other than the occupants of such motor-
 cycle, BICYCLE WITH ELECTRIC ASSIST, ELECTRIC  SCOOTER  or  all  terrain
 vehicle,  another  motorcycle,  BICYCLE  WITH  ELECTRIC ASSIST, ELECTRIC
 SCOOTER or all terrain vehicle, or any motor vehicle, for  loss  arising
 out  of  the  use  or operation of the motorcycle, BICYCLE WITH ELECTRIC
 ASSIST, ELECTRIC SCOOTER or all terrain vehicle within this state. Every
 insurer and self-insurer may exclude from the coverage required by  this
 subsection  a  person  who  intentionally  causes  his  own injury or is
 injured while committing an act which would constitute a felony or while
 seeking to avoid lawful apprehension or  arrest  by  a  law  enforcement
 officer.
   § 4. This act shall take effect on the one hundred twentieth 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.