S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5113--A
 
                        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  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the insurance law and the vehicle and traffic law, in
   relation to captive insurance for commuter  vans,  black  cars,  ambu-
   lettes and paratransit 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  FOR COMMUTER VANS, PRE-ARRANGED FOR-HIRE
 VEHICLES, TRANSPORTATION NETWORK  COMPANIES,  AND  ACCESSIBLE  VEHICLES.
 (A)   NOTWITHSTANDING   ANY  PROVISIONS  TO  THE  CONTRARY  PURSUANT  TO
 SUBSECTION (B) OF SECTION SEVEN THOUSAND THREE OF THIS ARTICLE, COMMUTER
 VANS, PRE-ARRANGED FOR-HIRE VEHICLES, TRANSPORTATION NETWORK  COMPANIES,
 AND  ACCESSIBLE VEHICLES THAT ARE ENGAGED IN THE BUSINESS OF CARRYING OR
 TRANSPORTING PASSENGERS FOR HIRE MAY CREATE A  GROUP  CAPTIVE  INSURANCE
 COMPANY OR COMPANIES.  THE SUPERINTENDENT SHALL IMPLEMENT:
   (1)  STANDARDS  FOR ENROLLMENT OF ELIGIBLE COMMUTER VANS, PRE-ARRANGED
 FOR-HIRE VEHICLES,  TRANSPORTATION  NETWORK  COMPANIES,  AND  ACCESSIBLE
 VEHICLES INCLUDING MECHANISMS FOR DETERMINING ELIGIBILITY; AND
   (2) 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,  TRANSPORTATION  NETWORK
 COMPANIES,  AND  ACCESSIBLE  VEHICLES 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
 SUCH  GREATER  CAPACITY  AS THE SUPERINTENDENT MAY ESTABLISH BY RULE AND
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06067-03-5
 A. 5113--A                          2
 
 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) "TRANSPORTATION NETWORK COMPANY" SHALL HAVE THE  SAME  MEANING  AS
 SET FORTH IN SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE AND TRAF-
 FIC LAW.
   (4) "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) CAPTIVE INSURANCE COMPANIES CREATED PURSUANT TO THIS SECTION SHALL
 PROVIDE MINIMUM LIMITS AND COVERAGES AS REQUIRED BY LAW.   IN  ADDITION,
 ALL  NO  FAULT INSURANCE RELATED TO COMMUTER VANS, PRE-ARRANGED FOR-HIRE
 VEHICLES, TRANSPORTATION  NETWORK  COMPANIES,  AND  ACCESSIBLE  VEHICLES
 INSURED  IN  THIS  PROGRAM WILL RELY ON THE MEDICAL TREATMENT GUIDELINES
 PROMULGATED IN EXISTING WORKERS' COMPENSATION LAW.
   § 2. Subdivision 8 of section 1229-c of the vehicle and  traffic  law,
 as  added  by  chapter  365  of  the laws of 1984, is amended to read as
 follows:
   8. Non-compliance with the provisions of this section shall  [not]  be
 admissible  as  evidence in any civil action in a court of law in regard
 to the issue of liability [but] AND may be introduced into  evidence  in
 mitigation  of  damages provided the party introducing said evidence has
 pleaded such non-compliance as an affirmative defense.
   § 3. This act shall take effect immediately.