Bill Text: NJ A3542 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires $250,000 medical expense benefits coverage on a no-fault basis for school bus passengers; eliminates current exemption under motor bus PIP law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-25 - Introduced, Referred to Assembly Financial Institutions and Insurance Committee [A3542 Detail]
Download: New_Jersey-2020-A3542-Introduced.html
Sponsored by:
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
SYNOPSIS
Requires $250,000 medical expense benefits coverage on a no-fault basis for school bus passengers; eliminates current exemption under motor bus PIP law.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning medical expense benefits for certain motor bus passengers and amending P.L.1991, c.154.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1991, c.154 (C.17:28-1.5) is amended to read as follows:
1. As used in this act:
"Commissioner" means the Commissioner of Banking and Insurance.
"Hospital expenses" means:
a. The cost of a semiprivate room, based on rates customarily charged by the institution in which the recipient of benefits is confined;
b. The cost of board, meals and dietary services;
c. The cost of other hospital services, such as operating room; medicines, drugs, anesthetics; treatments with X-ray, radium and other radioactive substances; laboratory tests, surgical dressings and supplies; and other medical care and treatment rendered by the hospital;
d. The cost of treatment by a physiotherapist;
e. The cost of medical supplies, such as prescribed drugs and medicines; blood and blood plasma; artificial limbs and eyes; surgical dressings, casts, splints, trusses, braces, crutches; rental of wheelchair, hospital bed or iron lung; oxygen and rental of equipment for its administration.
"Medical expenses" means expenses for medical treatment, surgical treatment, dental treatment, professional nursing services, hospital expenses, rehabilitation services, X-ray and other diagnostic services, prosthetic devices, ambulance services, medication and other reasonable and necessary expenses resulting from the treatment prescribed by persons licensed to practice medicine and surgery pursuant to R.S.45:9-1 et seq., dentistry pursuant to R.S.45:6-1 et seq., psychology pursuant to P.L.1966, c.282 (C.45:14B-1 et seq.) or chiropractic pursuant to P.L.1953, c.233 [(C.45:9-41.1 et al.)] (C.45:9-41.4 et al.) or by persons similarly licensed in other states and nations or any nonmedical remedial treatment rendered in accordance with a recognized religious method of healing.
"Motor bus" means an omnibus, as defined in R.S.39:1-1, except that "motor bus" shall not include:
a. Vehicles engaged in the transportation of passengers for hire in the manner and form commonly called taxicab service unless such service becomes or is held out to be regular service between stated termini;
b. Hotel buses used exclusively for the transportation of hotel patrons to or from local railroad or other common carrier stations including local airports;
c. [Buses operated for the transportation of enrolled children and adults only when serving as chaperones to or from a school, school connected activity, day camp, summer day camp, nursery school, child care center, pre-school center or other similar places of education, including "School Vehicle Type I" and "School Vehicle Type II" as defined in R.S.39:1-1] (Deleted by amendment, P.L. , c. ) pending before the Legislature as this bill).
d. Any autobus with a carrying capacity of not more than 13 passengers operated under municipal consent upon a route established wholly within the limits of a single municipality or with a carrying capacity of not more than 20 passengers operated under municipal consent upon a route established wholly within the limits of not more than four contiguous municipalities within any county of the fifth or sixth class, which route in either case does not in whole or in part parallel upon the same street the line of any street railway or traction railway or any other autobus route;
e. Autocabs, limousines or livery services as defined in R.S.48:16-13, unless such service becomes or is held out to be regular service between stated termini;
f. Any vehicle used in a "ridesharing" arrangement, as defined by the "New Jersey Ridesharing Act of 1981," P.L.1981, c.413 (C.27:26-1 et al.);
g. Any motor bus owned and operated by the New Jersey Transit Corporation; or
h. Any special paratransit vehicle as defined in R.S.48:4-1.
"Noneconomic loss" means pain, suffering and inconvenience.
"Passenger" means any person occupying, entering into or alighting from a motor bus, except employees of the owner or operator of the motor bus while they are on duty.
(cf: P.L.1992, c.192, s.1)
2. This act shall take effect on the 180th day next following enactment.
STATEMENT
This bill requires school bus owners and operators to provide $250,000 medical expense benefits coverage on a no-fault basis to passengers injured as a result of an accident while occupying, entering into or alighting from a school bus. The bill eliminates the current exemption for school buses under the law, which generally requires owners of motor buses to provide this coverage. This law is sometimes referred to as the "motor bus PIP law" because it requires medical expense benefits coverage for bus passengers that is similar to the coverage required under New Jersey's private passenger automobile insurance law.
In return for providing this coverage, owners and operators of school buses are exempted from tort liability for noneconomic loss (pain, suffering and inconvenience) to passengers, except under certain circumstances as to the extent of their injuries.
