Bill Text: NY A10316 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to risk retention groups and commuter vans, pre-arranged for-hire vehicles, or accessible vehicles; defines terms; makes related provisions.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2024-05-29 - print number 10316a [A10316 Detail]

Download: New_York-2023-A10316-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10316

                   IN ASSEMBLY

                                      May 17, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Cook) --
          read once and referred to the Committee on Transportation

        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:

     1    Section  1.  Paragraphs (b) and (c) of subdivision 4 of section 311 of
     2  the vehicle and traffic law, as amended by chapter 14  of  the  laws  of
     3  2024, are amended and a new subdivision 11 is added to read as follows:
     4    (b) In the case of a vehicle registered in this state, a policy issued
     5  by  (i)  an  insurer  duly authorized to transact business in this state
     6  [or]; (ii) where a vehicle is registered by a  not-for-profit  organiza-
     7  tion  that is tax-exempt under section 501(c)(3) of the federal internal
     8  revenue code, a risk retention group not chartered  in  this  state  but
     9  which  is registered with the superintendent under the federal liability
    10  risk retention act of 1986, comprised entirely of organizations that are
    11  tax-exempt under section 501(c)(3) of the federal internal revenue  code
    12  and  where  the risk retention group qualifies as a charitable risk pool
    13  under section 501(n) of the federal internal revenue code, provided that
    14  the vehicle being registered does not have a seating  capacity  of  more
    15  than  fifteen  passengers,  is  not a limousine or luxury limousine, and
    16  where such vehicles are not solely for personal use by a director, offi-
    17  cer, authorized person,  or  key  person,  their  relatives  or  related
    18  parties;  or  (iii) where a vehicle is a commuter van, pre-arranged for-
    19  hire vehicle, or accessible vehicle, a risk retention  group  not  char-
    20  tered  in  this  state  but  which is registered with the superintendent
    21  under the federal liability risk retention act of  1986,  provided  that
    22  the  vehicle  being  registered is not used solely for personal use by a
    23  director, officer, authorized person, or key person, their relatives  or
    24  related parties; or
    25    (c)  In the case of a vehicle lawfully registered in another state, or
    26  in both this state and another state, (i) a policy issued by an  author-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15592-01-4
        A. 10316                            2

     1  ized insurer[,]; or (ii) where a vehicle is registered by a not-for-pro-
     2  fit  organization  that  is  tax-exempt  under  section 501(c)(3) of the
     3  federal internal revenue code, a risk retention group not  chartered  in
     4  this  state  but  which  is registered with the superintendent under the
     5  federal liability risk retention act  of  1986,  comprised  entirely  of
     6  organizations that are tax-exempt under section 501(c)(3) of the federal
     7  internal  revenue code and where the risk retention group qualifies as a
     8  charitable risk pool under section 501(n) of the federal internal reven-
     9  ue code, provided that the vehicle being  registered  does  not  have  a
    10  seating  capacity of more than fifteen passengers, is not a limousine or
    11  luxury limousine, and where such vehicles are not  solely  for  personal
    12  use  by  a  director,  officer,  authorized person, or key person, their
    13  relatives or related parties[,]; or (iii) a policy issued  by  an  unau-
    14  thorized  insurer  authorized  to  transact business in another state if
    15  such unauthorized insurer files with the  commissioner  in  form  to  be
    16  approved  by  them  a  statement  consenting  to  service of process and
    17  declaring its policies shall be deemed to be varied to comply  with  the
    18  requirements of this article; or (iv) where a vehicle is a commuter van,
    19  pre-arranged  for-hire  vehicle, or accessible vehicle, a risk retention
    20  group not chartered in this state  but  which  is  registered  with  the
    21  superintendent  under  the federal liability risk retention act of 1986,
    22  provided that the vehicle  being  registered  is  not  used  solely  for
    23  personal  use  by a director, officer, authorized person, or key person,
    24  their relatives or related parties; and
    25    11. For the purposes of this section, the following terms  shall  have
    26  the following meanings:
    27    (a)  "commuter  van" shall mean a commuter van service as such term is
    28  defined in section 19-502 of the administrative code of the city of  New
    29  York.
    30    (b) "pre-arranged for-hire vehicle" shall mean a motor vehicle that is
    31  used  in  the  business of transporting passengers for compensation on a
    32  pre-arranged basis and operated in such  business  under  a  license  or
    33  permit  issued by a licensing jurisdiction. Such term shall include, but
    34  not be limited to, small school buses pursuant to  section  one  hundred
    35  forty-two  or  sixteen  hundred forty-two-a of this chapter transporting
    36  passengers for compensation, but shall not include high-volume  for-hire
    37  services or luxury limousines as defined in section 19-502 of the admin-
    38  istrative code of the city of New York or limousines.
    39    (c) "accessible vehicle" shall mean a vehicle that:
    40    (i) complies with the accessibility requirements of the Americans with
    41  Disabilities  Act  of  1990, as amended, and the regulations promulgated
    42  thereunder;
    43    (ii) is equipped with a lift, ramp or any other device, arrangement or
    44  alteration, so it is capable of transporting individuals who use  wheel-
    45  chairs,   electrically-driven   mobility  assistance  devices,  electric
    46  personal assistive mobility devices, scooters, or  other  mobility  aids
    47  while they remain seated in their wheelchairs, scooters, or other mobil-
    48  ity aids;
    49    (iii)  is equipped with an assistive listening system for persons with
    50  hearing impairments that is connected with any intercom, video or  audio
    51  system,  when  such  a  system  is installed or designed and approved to
    52  provide service to persons with disabilities;
    53    (iv) is equipped with standardized signs printed in: (1) braille;  and
    54  (2)  large-print text so that such signs are visible to persons with low
    55  vision;
    56    (v) provides sufficient floor space to accommodate a service animal;
        A. 10316                            3

     1    (vi) if powered by a hybrid-electric motor, is equipped with an appro-
     2  priate device to enable persons who are blind to hear  the  approach  of
     3  the  vehicle as readily as they can hear a conventional gasoline-powered
     4  vehicle;
     5    (vii)  shall  include,  but not be limited to, "ambulette" which shall
     6  have the same meaning set forth in 17 NYCRR Part 720.8  or  "paratransit
     7  vehicle" which means a special-purpose vehicle, designed and equipped to
     8  provide  nonemergency  transport, that has wheelchair-carrying capacity,
     9  stretcher-carrying capacity, or the ability to carry disabled persons as
    10  defined in section fifteen-b of the transportation law.
    11    § 2. The opening paragraph and the second  undesignated  paragraph  of
    12  subdivision 1 of section 370 of the vehicle and traffic law, the opening
    13  paragraph  as  amended  by chapter 14 of the laws of 2024 and the second
    14  undesignated paragraph as amended by section 1 of part ZZ of chapter  59
    15  of the laws of 2021, are amended to read as follows:
    16    Every person, firm, association or corporation engaged in the business
    17  of  carrying or transporting passengers for hire in any motor vehicle or
    18  motorcycle, except street cars, and motor vehicles or motorcycles  owned
    19  and operated by a municipality, and except as otherwise provided in this
    20  section,  which  shall be operated over, upon or along any public street
    21  or highway of the state of New York shall file with the commissioner [of
    22  motor vehicles] for each motor vehicle or motorcycle intended to  be  so
    23  operated  evidence, in such form as the commissioner may prescribe, of a
    24  corporate surety bond or a policy of insurance: (a) approved as to  form
    25  by  the  superintendent of financial services in a company authorized to
    26  do business in the state, approved by the superintendent as to  solvency
    27  and responsibility; [or] (b) where a vehicle is registered by a not-for-
    28  profit  organization  that  is tax-exempt under section 501(c)(3) of the
    29  federal internal revenue code, a risk retention group not  chartered  in
    30  this  state but which is registered with the superintendent of financial
    31  services under  the  federal  liability  risk  retention  act  of  1986,
    32  comprised  entirely  of  organizations that are tax-exempt under section
    33  501(c)(3) of the federal  internal  revenue  code  and  where  the  risk
    34  retention group qualifies as a charitable risk pool under section 501(n)
    35  of  the  federal  internal revenue code, provided that the vehicle being
    36  registered does not have a seating capacity of more than fifteen passen-
    37  gers, is not a limousine or luxury limousine, and  where  such  vehicles
    38  are  not  solely  for  personal  use  by a director, officer, authorized
    39  person, or key person, their relatives or related parties; or (c)  where
    40  a  vehicle is a commuter van, pre-arranged for-hire vehicle, or accessi-
    41  ble vehicle, a risk retention group not  chartered  in  this  state  but
    42  which  is registered with the superintendent of financial services under
    43  the federal liability risk retention act  of  1986,  provided  that  the
    44  vehicle being registered is not used solely for personal use by a direc-
    45  tor,  officer,  authorized  person,  or  key  person, their relatives or
    46  related parties. Such surety bond or policy of insurance shall be condi-
    47  tioned for the payment of a  minimum  sum,  hereinafter  called  minimum
    48  liability, on a judgment or judgments for damages, including damages for
    49  care  and loss of services, because of bodily injury to, or death of any
    50  one person in any one accident, and subject to such minimum liability  a
    51  maximum sum, hereinafter called maximum liability on a judgment or judg-
    52  ments  for  damages,  including  damages  for  care and loss of services
    53  because of bodily injury to, or death of two or more persons in any  one
    54  accident  and for the payment of a minimum sum, called minimum liability
    55  on all judgments for damages because of  injury  to  or  destruction  of
    56  property  of  others in any one accident, recovered against such person,
        A. 10316                            4

     1  firm, association or corporation upon claims arising  out  of  the  same
     2  transaction  or  transactions connected with the same subject of action,
     3  to be apportioned ratably among the judgment creditors according to  the
     4  amount  of their respective judgments for damage or injury caused in the
     5  operation, maintenance, use or the defective construction of such  motor
     6  vehicle or motorcycle as follows:
     7    For damages for and incident to death or injuries to persons and inju-
     8  ry to or destruction of property: For each motorcycle and for each motor
     9  vehicle  engaged  in the business of carrying or transporting passengers
    10  for hire, having a seating capacity of not more than seven passengers, a
    11  bond or insurance policy with a minimum liability of  twenty-five  thou-
    12  sand dollars and a maximum liability of fifty thousand dollars for bodi-
    13  ly injury, and a minimum liability of fifty thousand dollars and a maxi-
    14  mum  liability  of  one hundred thousand dollars for death and a minimum
    15  liability of ten thousand dollars for injury to or destruction of  prop-
    16  erty;  for  each  motor  vehicle  engaged in the business of carrying or
    17  transporting passengers for hire, having a seating capacity of not  less
    18  than eight passengers, a bond or insurance policy with a combined single
    19  limit  of  at least one million five hundred thousand dollars for bodily
    20  injury or death to one or more persons, and  because  of  injury  to  or
    21  destruction  of property in any one accident; provided, further that for
    22  commuter vans that are engaged in the business of carrying or transport-
    23  ing passengers for hire, having a seating  capacity  of  not  less  than
    24  eight  passengers,  a  bond  or  insurance policy with a combined single
    25  limit of at least five hundred thousand dollars  for  bodily  injury  or
    26  death to one or more persons, and because of injury to or destruction of
    27  property  in  any  one accident. For the purposes of this paragraph, the
    28  term "commuter van" shall have the same meaning as such term is  defined
    29  in  section  19-502  of the administrative code of the city of New York.
    30  For purposes of subparagraph (c) of the opening paragraph of this subdi-
    31  vision, the term "pre-arranged for-hire vehicle" and  "accessible  vehi-
    32  cle"  shall  have the same meaning as such terms are defined in subdivi-
    33  sion eleven of section three hundred eleven of this chapter.
    34    § 3. Section 6-a of chapter 438 of the  laws  of  2023,  amending  the
    35  insurance  law  and vehicle and traffic law relating to owner's policies
    36  of liability insurance issued by a risk retention  group  not  chartered
    37  within  this  state,  as  added  by  chapter  14 of the laws of 2024, is
    38  amended to read as follows:
    39    § 6-a. Pursuant to 15 U.S.   Code  3902(a)(1)(E)  any  risk  retention
    40  group  not  chartered  in  this  state  but which is registered with the
    41  superintendent of financial services under the  federal  liability  risk
    42  retention  act  of  1986,  [comprised entirely of organizations that are
    43  tax-exempt under section 501(c)(3) of the federal internal revenue  code
    44  and  where  the risk retention group qualifies as a charitable risk pool
    45  under section 501(n) of the federal internal  revenue  code,]  comprised
    46  entirely  of  organizations  that  have policies issued pursuant to risk
    47  retention groups established pursuant to chapter 14 of the laws of  2024
    48  or  the  chapter  of  the  laws of 2024 which amended this section shall
    49  report to the department of financial services any  examination,  audit,
    50  or  other  investigation, performed by another state's insurance commis-
    51  sioner and its findings, including  any  enforcement  actions  filed  or
    52  settlements  entered  into,  within  60 days to avoid unjustified dupli-
    53  cation and unjustified repetition of such act.
    54    § 4. This act shall take effect immediately.