S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5113
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ANDERSON, BURDICK, BORES, BICHOTTE HERMELYN,
   COLTON,  CHANDLER-WATERMAN,  DAVILA,  DAIS,  FITZPATRICK,  LEE,  OTIS,
   SEAWRIGHT,  STECK, SHRESTHA, TAYLOR, WEPRIN, ZINERMAN, HYNDMAN -- read
   once and referred to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to establishing a captive
   insurance program for commuter vans, black cars, ambulettes and  para-
   transit vehicles, and small school buses
 
   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  7013
 to read as follows:
   §  7013.  CAPTIVE  INSURANCE  PROGRAM  FOR COMMUTER VANS, PRE-ARRANGED
 FOR-HIRE VEHICLES, AND ACCESSIBLE  VEHICLES.    (A)  THE  SUPERINTENDENT
 SHALL  UTILIZE  AND  IMPLEMENT  A CAPTIVE INSURANCE PROGRAM FOR COMMUTER
 VANS, PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES  THAT  ARE
 ENGAGED IN THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS FOR HIRE.
 THE PROGRAM SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (1) IDENTIFYING AND LICENSING A CAPTIVE INSURANCE COMPANY OR COMPANIES
 TO  PROVIDE  NECESSARY INSURANCE COVERAGE TO COMMUTER VANS, PRE-ARRANGED
 FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES;
   (2) STANDARDS FOR ENROLLMENT OF ELIGIBLE COMMUTER  VANS,  PRE-ARRANGED
 FOR-HIRE  VEHICLES,  AND  ACCESSIBLE  VEHICLES  INCLUDING MECHANISMS FOR
 DETERMINING ELIGIBILITY; AND
   (3) STANDARDS FOR MONITORING THE PERFORMANCE OF SUCH CAPTIVE INSURANCE
 COMPANY OR COMPANIES  IN  PROVIDING  AFFORDABLE  INSURANCE  COVERAGE  TO
 COMMUTER  VANS,  PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES
 PARTICIPATING IN THE PROGRAM PURSUANT TO SUBSECTION (C) OF THIS SECTION.
   (B) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (1)  "COMMUTER VAN" SHALL MEAN A COMMUTER VAN SERVICE HAVING A SEATING
 CAPACITY OF NINE PASSENGERS BUT NOT MORE THAN TWENTY-FOUR PASSENGERS  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06067-01-5
              

 A. 5113                             2
 
 SUCH  GREATER  CAPACITY  AS THE SUPERINTENDENT MAY ESTABLISH BY RULE AND
 CARRYING PASSENGERS FOR HIRE. THE TERM "COMMUTER VAN" SHALL INCLUDE, BUT
 NOT BE LIMITED TO, SHUTTLES AND TRANSPORTATION VANS.
   (2) "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 THE VEHICLE AND TRAFFIC LAW.
 THE TERM "PRE-ARRANGED FOR-HIRE VEHICLE"  SHALL  APPLY  TO  VEHICLES  AS
 DEFINED IN THIS PARAGRAPH REGARDLESS OF ANY OTHER PROVISION OF LOCAL LAW
 OR  RULE DEFINING OR DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS
 SCHOOL BUS, CHARTER BUS, LIVERY, TAXI, BLACK CAR, OR LUXURY LIMOUSINE.
   (3) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
   (A) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
 DISABILITIES ACT OF 1990, AS AMENDED, AND  THE  REGULATIONS  PROMULGATED
 THEREUNDER;
   (B)  IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
 ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE  WHEEL-
 CHAIRS,  SCOOTERS,  OR  OTHER  MOBILITY AIDS WHILE THEY REMAIN SEATED IN
 THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
   (C) 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;
   (D)  IS  EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (I) BRAILLE; AND
 (II) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
 VISION;
   (E) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
   (F) 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;
   (G) SHALL INCLUDE, BUT NOT BE LIMITED TO, "AMBULETTE" WHICH SHALL HAVE
 THE SAME MEANING SET FORTH IN 17 NYCRR PART 720.8 OR "PARATRANSIT" VEHI-
 CLE  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.
   (C) INSURANCE COMPANIES SHALL MAINTAIN REQUIREMENTS, INCLUDING BUT NOT
 LIMITED  TO:  $500,000  COMBINED  SINGLE  LIMITS (CSL); $50,000 PERSONAL
 INJURY PROTECTION (PIP) (BASIC); AND  $25,000/$50,000 UNINSURED MOTORIST
 COVERAGE (UM/UIM).   IN ADDITION, ALL  NO  FAULT  INSURANCE  RELATED  TO
 COMMUTER  VANS,  PRE-ARRANGED FOR-HIRE VEHICLES, AND ACCESSIBLE VEHICLES
 INSURED IN THIS PROGRAM WILL RELY ON THE  MEDICAL  TREATMENT  GUIDELINES
 PROMULGATED IN EXISTING WORKERS' COMPENSATION LAW.
   § 2. This act shall take effect immediately.