S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10316--A
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cook, Bron-
   son) -- 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  vehicle  and  traffic  law,  in  relation  to  risk
   retention groups and commuter vans, pre-arranged for-hire vehicles, or
   accessible  vehicles;  and  to  amend chapter 438 of the laws of 2023,
   amending the insurance law and the vehicle and traffic law relating to
   owner's policies of liability insurance issued  by  a  risk  retention
   group  not  chartered  within  this state, in relation to certain risk
   retention groups not chartered in this state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (b) and (c) of subdivision 4 of section 311 of
 the vehicle and traffic law, as amended by chapter 14  of  the  laws  of
 2024, are amended and a new subdivision 11 is added to read as follows:
   (b) In the case of a vehicle registered in this state, a policy issued
 by  (i)  an  insurer  duly authorized to transact business in this state
 [or]; (ii) where a vehicle is registered by a  not-for-profit  organiza-
 tion  that is tax-exempt under section 501(c)(3) of the federal internal
 revenue code, a risk retention group not chartered  in  this  state  but
 which  is registered with the superintendent under the federal liability
 risk retention act of 1986, comprised entirely of organizations that are
 tax-exempt under section 501(c)(3) of the federal internal revenue  code
 and  where  the risk retention group qualifies as a charitable risk pool
 under section 501(n) of the federal internal revenue code, provided that
 the vehicle being registered does not have a seating  capacity  of  more
 than  fifteen  passengers,  is  not a limousine or luxury limousine, and
 where such vehicles are not solely for personal use by a director, offi-
 cer, authorized person,  or  key  person,  their  relatives  or  related
 parties;  OR  (III) WHERE A VEHICLE IS A COMMUTER VAN, PRE-ARRANGED FOR-
 HIRE VEHICLE, OR ACCESSIBLE VEHICLE, A RISK RETENTION  GROUP  NOT  CHAR-
 TERED  IN  THIS  STATE  BUT  WHICH IS REGISTERED WITH THE SUPERINTENDENT
 UNDER THE FEDERAL LIABILITY RISK RETENTION ACT OF  1986,  PROVIDED  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15592-03-4
 A. 10316--A                         2
 
 THE  VEHICLE  BEING  REGISTERED IS NOT USED SOLELY FOR PERSONAL USE BY A
 DIRECTOR, OFFICER, AUTHORIZED PERSON, OR KEY PERSON, THEIR RELATIVES  OR
 RELATED PARTIES; or
   (c)  In the case of a vehicle lawfully registered in another state, or
 in both this state and another state, (i) a policy issued by an  author-
 ized insurer[,]; or (ii) where a vehicle is registered by a not-for-pro-
 fit  organization  that  is  tax-exempt  under  section 501(c)(3) of the
 federal internal revenue code, a risk retention group not  chartered  in
 this  state  but  which  is registered with the superintendent under the
 federal liability risk retention act  of  1986,  comprised  entirely  of
 organizations that are tax-exempt under section 501(c)(3) of the federal
 internal  revenue code and where the risk retention group qualifies as a
 charitable risk pool under section 501(n) of the federal internal reven-
 ue code, provided that the vehicle being  registered  does  not  have  a
 seating  capacity of more than fifteen passengers, is not a limousine or
 luxury limousine, and where such vehicles are not  solely  for  personal
 use  by  a  director,  officer,  authorized person, or key person, their
 relatives or related parties[,]; or (iii) a policy issued  by  an  unau-
 thorized  insurer  authorized  to  transact business in another state if
 such unauthorized insurer files with the  commissioner  in  form  to  be
 approved  by  them  a  statement  consenting  to  service of process and
 declaring its policies shall be deemed to be varied to comply  with  the
 requirements of this article; OR (IV) WHERE A VEHICLE IS A COMMUTER VAN,
 PRE-ARRANGED  FOR-HIRE  VEHICLE, OR ACCESSIBLE VEHICLE, A RISK RETENTION
 GROUP NOT CHARTERED IN THIS STATE  BUT  WHICH  IS  REGISTERED  WITH  THE
 SUPERINTENDENT  UNDER  THE FEDERAL LIABILITY RISK RETENTION ACT OF 1986,
 PROVIDED THAT THE VEHICLE  BEING  REGISTERED  IS  NOT  USED  SOLELY  FOR
 PERSONAL  USE  BY A DIRECTOR, OFFICER, AUTHORIZED PERSON, OR KEY PERSON,
 THEIR RELATIVES OR RELATED PARTIES; and
   11. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "COMMUTER  VAN" SHALL MEAN A COMMUTER VAN SERVICE AS SUCH TERM IS
 DEFINED IN SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW
 YORK.
   (B) "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 THIS CHAPTER TRANSPORTING
 PASSENGERS FOR COMPENSATION, BUT SHALL NOT INCLUDE HIGH-VOLUME  FOR-HIRE
 SERVICES OR LUXURY LIMOUSINES AS DEFINED IN SECTION 19-502 OF THE ADMIN-
 ISTRATIVE  CODE  OF THE CITY OF NEW YORK, NOR SHALL IT INCLUDE TNC VEHI-
 CLES REGULATED AND INSURED PURSUANT  TO  ARTICLE  FORTY-FOUR-B  OF  THIS
 CHAPTER OR LIMOUSINES.
   (C) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
   (I) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
 DISABILITIES  ACT  OF  1990, AS AMENDED, AND THE REGULATIONS PROMULGATED
 THEREUNDER;
   (II) IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
 ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE  WHEEL-
 CHAIRS,   ELECTRICALLY-DRIVEN   MOBILITY  ASSISTANCE  DEVICES,  ELECTRIC
 PERSONAL ASSISTIVE MOBILITY DEVICES, SCOOTERS, OR  OTHER  MOBILITY  AIDS
 WHILE THEY REMAIN SEATED IN THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBIL-
 ITY AIDS;
 A. 10316--A                         3
 
   (III)  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;
   (IV)  IS EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (1) BRAILLE; AND
 (2) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH  LOW
 VISION;
   (V) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
   (VI) 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;
   (VII)  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, "AMBULETTE" WHICH SHALL
 HAVE THE SAME MEANING SET FORTH IN 17 NYCRR PART 720.8  OR  "PARATRANSIT
 VEHICLE" 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.
   § 2. The opening paragraph and the second  undesignated  paragraph  of
 subdivision 1 of section 370 of the vehicle and traffic law, the opening
 paragraph  as  amended  by chapter 14 of the laws of 2024 and the second
 undesignated paragraph as amended by section 1 of part ZZ of chapter  59
 of the laws of 2021, are amended to read as follows:
   Every person, firm, association or corporation engaged in the business
 of  carrying or transporting passengers for hire in any motor vehicle or
 motorcycle, except street cars, and motor vehicles or motorcycles  owned
 and operated by a municipality, and except as otherwise provided in this
 section,  which  shall be operated over, upon or along any public street
 or highway of the state of New York shall file with the commissioner [of
 motor vehicles] for each motor vehicle or motorcycle intended to  be  so
 operated  evidence, in such form as the commissioner may prescribe, of a
 corporate surety bond or a policy of insurance: (a) approved as to  form
 by  the  superintendent of financial services in a company authorized to
 do business in the state, approved by the superintendent as to  solvency
 and responsibility; [or] (b) where a vehicle is registered by a not-for-
 profit  organization  that  is tax-exempt under section 501(c)(3) of the
 federal internal revenue code, a risk retention group not  chartered  in
 this  state but which is registered with the superintendent of financial
 services under  the  federal  liability  risk  retention  act  of  1986,
 comprised  entirely  of  organizations that are tax-exempt under section
 501(c)(3) of the federal  internal  revenue  code  and  where  the  risk
 retention group qualifies as a charitable risk pool under section 501(n)
 of  the  federal  internal revenue code, provided that the vehicle being
 registered does not have a seating capacity of more than fifteen passen-
 gers, is not a limousine or luxury limousine, and  where  such  vehicles
 are  not  solely  for  personal  use  by a director, officer, authorized
 person, or key person, their relatives or related parties; OR (C)  WHERE
 A  VEHICLE IS A COMMUTER VAN, PRE-ARRANGED FOR-HIRE VEHICLE, OR ACCESSI-
 BLE VEHICLE, A RISK RETENTION GROUP NOT  CHARTERED  IN  THIS  STATE  BUT
 WHICH  IS REGISTERED WITH THE SUPERINTENDENT OF FINANCIAL SERVICES UNDER
 THE FEDERAL LIABILITY RISK RETENTION ACT  OF  1986,  PROVIDED  THAT  THE
 VEHICLE BEING REGISTERED IS NOT USED SOLELY FOR PERSONAL USE BY A DIREC-
 TOR,  OFFICER,  AUTHORIZED  PERSON,  OR  KEY  PERSON, THEIR RELATIVES OR
 RELATED PARTIES. Such surety bond or policy of insurance shall be condi-
 tioned for the payment of a  minimum  sum,  hereinafter  called  minimum
 liability, on a judgment or judgments for damages, including damages for
 A. 10316--A                         4
 
 care  and loss of services, because of bodily injury to, or death of any
 one person in any one accident, and subject to such minimum liability  a
 maximum sum, hereinafter called maximum liability on a judgment or judg-
 ments  for  damages,  including  damages  for  care and loss of services
 because of bodily injury to, or death of two or more persons in any  one
 accident  and for the payment of a minimum sum, called minimum liability
 on all judgments for damages because of  injury  to  or  destruction  of
 property  of  others in any one accident, recovered against such person,
 firm, association or corporation upon claims arising  out  of  the  same
 transaction  or  transactions connected with the same subject of action,
 to be apportioned ratably among the judgment creditors according to  the
 amount  of their respective judgments for damage or injury caused in the
 operation, maintenance, use or the defective construction of such  motor
 vehicle or motorcycle as follows:
   For damages for and incident to death or injuries to persons and inju-
 ry to or destruction of property: For each motorcycle and for each motor
 vehicle  engaged  in the business of carrying or transporting passengers
 for hire, having a seating capacity of not more than seven passengers, a
 bond or insurance policy with a minimum liability of  twenty-five  thou-
 sand dollars and a maximum liability of fifty thousand dollars for bodi-
 ly injury, and a minimum liability of fifty thousand dollars and a maxi-
 mum  liability  of  one hundred thousand dollars for death and a minimum
 liability of ten thousand dollars for injury to or destruction of  prop-
 erty;  for  each  motor  vehicle  engaged in the business of carrying or
 transporting passengers for hire, having a seating capacity of not  less
 than eight passengers, a bond or insurance policy with a combined single
 limit  of  at least one million five hundred thousand dollars for bodily
 injury or death to one or more persons, and  because  of  injury  to  or
 destruction  of property in any one accident; provided, further that for
 commuter vans that are engaged in the business of carrying or transport-
 ing passengers for hire, having a seating  capacity  of  not  less  than
 eight  passengers,  a  bond  or  insurance policy with a combined single
 limit of at least five hundred thousand dollars  for  bodily  injury  or
 death to one or more persons, and because of injury to or destruction of
 property  in  any  one accident. For the purposes of this paragraph, the
 term "commuter van" shall have the same meaning as such term is  defined
 in  section  19-502  of the administrative code of the city of New York.
 FOR PURPOSES OF SUBPARAGRAPH (C) OF THE OPENING PARAGRAPH OF THIS SUBDI-
 VISION, THE TERM "PRE-ARRANGED FOR-HIRE VEHICLE" AND  "ACCESSIBLE  VEHI-
 CLE"  SHALL  HAVE THE SAME MEANING AS SUCH TERMS ARE DEFINED IN SUBDIVI-
 SION ELEVEN OF SECTION THREE HUNDRED ELEVEN OF THIS CHAPTER.    PROVIDED
 ADDITIONALLY,  THAT FOR RISK RETENTION GROUP POLICIES PROVIDING NO FAULT
 INSURANCE RELATED TO COMMUTER VANS, PRE-ARRANGED FOR-HIRE VEHICLES,  AND
 ACCESSIBLE VEHICLES, SUCH RISK RETENTION GROUP SHALL RELY ON THE MEDICAL
 TREATMENT GUIDELINES PROMULGATED IN EXISTING WORKERS' COMPENSATION LAW.
   §  3.  Section  6-a  of  chapter 438 of the laws of 2023, amending the
 insurance law and the vehicle and traffic law relating to owner's  poli-
 cies  of  liability insurance issued by a risk retention group not char-
 tered within this state, as added by chapter 14 of the laws of 2024,  is
 amended to read as follows:
   §  6-a.  Pursuant  to  15 U.S.   Code 3902(a)(1)(E) any risk retention
 group not chartered in this state  but  which  is  registered  with  the
 superintendent  of  financial  services under the federal liability risk
 retention act of 1986, [comprised entirely  of  organizations  that  are
 tax-exempt  under section 501(c)(3) of the federal internal revenue code
 and where the risk retention group qualifies as a charitable  risk  pool
 A. 10316--A                         5

 under  section  501(n)  of the federal internal revenue code,] COMPRISED
 ENTIRELY OF ORGANIZATIONS THAT HAVE POLICIES  ISSUED  PURSUANT  TO  RISK
 RETENTION  GROUPS ESTABLISHED PURSUANT TO CHAPTER 14 OF THE LAWS OF 2024
 OR  THE  CHAPTER  OF  THE  LAWS OF 2024 WHICH AMENDED THIS SECTION shall
 report to the department of financial services any  examination,  audit,
 or  other  investigation, performed by another state's insurance commis-
 sioner and its findings, including  any  enforcement  actions  filed  or
 settlements  entered  into,  within  60 days to avoid unjustified dupli-
 cation and unjustified repetition of such act.
   § 4. This act shall take effect immediately.