S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9516--A
     Cal. No. 1263
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sens. COMRIE, BAILEY, CLEARE, FERNANDEZ, MYRIE, PALUMBO,
   PARKER -- read twice and ordered  printed,  and  when  printed  to  be
   committed  to  the  Committee  on Insurance -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading

 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15592-02-4
 S. 9516--A                          2
 
 TERED 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; 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
 S. 9516--A                          3
 
 WHILE THEY REMAIN SEATED IN THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBIL-
 ITY AIDS;
   (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-
 S. 9516--A                          4
 
 tioned  for  the  payment  of  a minimum sum, hereinafter called minimum
 liability, on a judgment or judgments for damages, including damages for
 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
 S. 9516--A                          5

 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,]  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.