S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7940
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Insurance
 
 AN ACT to amend the vehicle and traffic law and the  insurance  law,  in
   relation  to requiring liability insurance for bicycles, 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  OR  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  OR
 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 HEREINA-
 BOVE PROVIDED, THE COMMISSIONER, IN  HIS  OR  HER  DISCRETION  AND  UPON
 APPLICATION  OF  A GOVERNMENTAL AGENCY HAVING REGISTERED IN ITS NAME ONE
 OR MORE BICYCLES  OR  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 ABILITY TO RESPOND TO
 JUDGMENTS OBTAINED AGAINST IT, ARISING OUT  OF  THE  OWNERSHIP,  USE  OR
 OPERATION OF SUCH BICYCLES OR BICYCLES WITH ELECTRIC ASSIST. THE COMMIS-
 SIONER  MAY  ALSO WAIVE THE REQUIREMENT OF INSURANCE BY A PRIVATE INSUR-
 ANCE CARRIER AND ISSUE A CERTIFICATE OF SELF-INSURANCE UPON  APPLICATION
 OF  ANY  PERSON OR ANY OTHER CORPORATION, HAVING REGISTERED IN ITS NAME,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02958-01-3
              

 A. 7940                             2
 
 ONE OR MORE BICYCLES OR 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.
   2.  PROOF  OF  INSURANCE AS REQUIRED BY THIS SECTION SHALL BE PRODUCED
 AND DISPLAYED BY THE OWNER OR OPERATOR OF SUCH BICYCLE OR  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  OR  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 OR 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 OR BICYCLE WITH ELECTRIC ASSIST BY  THE  OWNER
 OR  OPERATOR,  IF SUCH INSURANCE COVERAGE WAS REQUIRED UNDER THE CIRCUM-
 STANCES 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 OR BICYCLE WITH ELECTRIC ASSIST SHALL OPERATE
 OR  PERMIT  THE SAME TO BE OPERATED ANYWHERE IN THIS STATE OTHER THAN ON
 LANDS OF THE OWNER OF THE BICYCLE OR BICYCLE WITH ELECTRIC ASSIST  WITH-
 OUT  HAVING  IN  FULL  FORCE AND EFFECT THE LIABILITY INSURANCE COVERAGE
 REQUIRED BY THIS SECTION, AND NO PERSON SHALL OPERATE A BICYCLE OR BICY-
 CLE WITH ELECTRIC ASSIST ANYWHERE IN THIS STATE OTHER THAN ON  LANDS  OF
 THE  OWNER OF THE BICYCLE OR BICYCLE WITH ELECTRIC ASSIST WITH THE KNOW-
 LEDGE 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.
 A. 7940                             3
 
   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-
 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 THIS STATE OTHER THAN ON LANDS OF THE OWNER OF
 THE ELECTRIC SCOOTER WITHOUT HAVING IN FULL FORCE AND EFFECT THE LIABIL-
 ITY INSURANCE COVERAGE REQUIRED BY THIS SECTION,  AND  NO  PERSON  SHALL
 OPERATE  AN  ELECTRIC SCOOTER ANYWHERE IN THIS STATE 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, 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 twenty-four hundred seven of such law shall  also  provide  for;
 every owner who maintains another form of financial security on a motor-
 cycle, BICYCLE, BICYCLE 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, BICYCLE WITH  ELECTRIC  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 motorcycle, BICYCLE,  BICYCLE  WITH  ELECTRIC
 ASSIST,  ELECTRIC  SCOOTER  or  all terrain vehicle, another motorcycle,
 BICYCLE, BICYCLE WITH ELECTRIC ASSIST, ELECTRIC SCOOTER or  all  terrain
 vehicle, or any motor vehicle, for loss arising out of the use or opera-
 tion  of the motorcycle, BICYCLE, 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.