Bill Text: NY S07838 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the peer-to-peer car sharing program act, which provides guidelines for establishing peer-to-peer car sharing programs and outlines how they shall be insured, which cars shall be used, how drivers shall work under such programs, and how liability should be determined under such programs in the case of an accident or damaged property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-02-24 - SIGNED CHAP.129 [S07838 Detail]
Download: New_York-2021-S07838-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7838 IN SENATE January 12, 2022 ___________ Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the insurance law, the general business law and the tax law in relation to peer-to-peer car sharing; to amend a chapter of the laws of 2021 amending the insurance law, the general business law, the tax law and the vehicle and traffic law relating to enacting the peer- to-peer car sharing program act, as proposed in legislative bills numbers S. 6715 and A. 2349-A, in relation to the effectiveness there- of; and to repeal certain provisions of such laws relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 2 of subsection (b) of section 2305 of the insur- 2 ance law, as amended by section 9 of part AAA of chapter 59 of the laws 3 of 2017, is amended to read as follows: 4 (2) motor vehicle insurance, or surety bonds, required by section 5 three hundred seventy of the vehicle and traffic law or article forty- 6 four-B of the vehicle and traffic law, or article forty of the general 7 business law; 8 § 2. Paragraph 1 of subsection (a) of section 3425 of the insurance 9 law, as amended by section 10 of part AAA of chapter 59 of the laws of 10 2017, is amended to read as follows: 11 (1) "Covered policy" means a contract of insurance, referred to in 12 this section as "automobile insurance", issued or issued for delivery in 13 this state, on a risk located or resident in this state, insuring 14 against losses or liabilities arising out of the ownership, operation, 15 or use of a motor vehicle, predominantly used for non-business purposes, 16 when a natural person is the named insured under the policy of automo- 17 bile insurance; provided, however, that the use or operation of the 18 motor vehicle by a transportation network company driver as a TNC vehi- 19 cle in accordance with article forty-four-B of the vehicle and traffic 20 law or the use or operation of the motor vehicle through a peer-to-peer 21 car sharing program in accordance with article forty of the general 22 business law, shall not be included in determining whether the motor 23 vehicle is being used predominantly for non-business purposes. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03055-10-2S. 7838 2 1 § 3. Sections 3458, 3459, 3460 and 3461 of the insurance law, as added 2 by a chapter of the laws of 2021 amending the insurance law, the general 3 business law, the tax law, and the vehicle and traffic law relating to 4 enacting the peer-to-peer car sharing program act, as proposed in legis- 5 lative bills numbers S. 6715 and A. 2349-A, are amended to read as 6 follows: 7 § 3458. Group insurance for peer-to-peer car sharing programs. (a) 8 For the purposes of this section [and sections three thousand four9hundred fifty-nine, three thousand four hundred sixty and three thousand10four hundred sixty-one of this article], the following definitions shall 11 apply: 12 (1) "Certificate" or "certificate of insurance" means any policy, 13 contract or other evidence of insurance, or endorsement thereto, issued 14 to a group member under a peer-to-peer car sharing group policy. 15 (2) "Group policyholder" means an administrator. 16 (3) "Group policy member" means a shared vehicle owner or a shared 17 vehicle driver participating in a program. 18 (4) "Peer-to-peer car [sharing" shall have the same meaning as set19forth in article forty of the general business law.] sharing group poli- 20 cy" or "group policy" means a group policy, including certificates 21 issued to the group members, where the group policyholder is an adminis- 22 trator and the policy provides insurance to the administrator and to 23 group members: 24 (A) in accordance with the requirements of article forty of the gener- 25 al business law; 26 (B) of the type described in paragraph thirteen, fourteen, or nineteen 27 of subsection (a) of section one thousand one hundred thirteen of this 28 chapter; and 29 (C) in satisfaction of the financial responsibility requirements set 30 forth in section three thousand four hundred twenty of this article, 31 subdivision four of section three hundred eleven of the vehicle and 32 traffic law, article fifty-one of this chapter, and such other require- 33 ments or regulations that may apply for the purposes of satisfying the 34 financial responsibility requirements with respect to the use or opera- 35 tion of a motor vehicle. 36 [(2)] (5) "Peer-to-peer car sharing program" or "program" shall have 37 the same meaning as set forth in article forty of the general business 38 law. 39 [(3) "Peer-to-peer car sharing program agreement" or "agreement" shall40have the same meaning as set forth in article forty of the general busi-41ness law.42(4) "Shared vehicle" shall have the same meaning as set forth in arti-43cle forty of the general business law.44(5)] (6) "Peer-to-peer car sharing program administrator" or "adminis- 45 trator" shall have the same meaning as set forth in article forty of the 46 general business law. 47 (7) "Shared vehicle driver" shall have the same meaning as set forth 48 in article forty of the general business law. 49 [(6)] (8) "Shared vehicle owner" shall have the same meaning as set 50 forth in article forty of the general business law. 51 [(7) "Peer-to-peer car sharing delivery period" shall have the same52meaning as set forth in article forty of the general business law.53(8) "Peer-to-peer car sharing start time" shall have the same meaning54as set forth in article forty of the general business law.]S. 7838 3 1 (9) "Peer-to-peer car sharing period" or "car sharing period" shall 2 have the same meaning as set forth in article forty of the general busi- 3 ness law. 4 [(10) "Peer-to-peer car sharing termination time" shall have the same5meaning as set forth in article forty of the general business law.6(11) "Group policy" means an insurance policy that provides insurance7to a peer-to-peer car sharing program in accordance with the require-8ments of section nine hundred two of the general business law.] 9 [(12)] (10) "Motor vehicle" shall have the same meaning as set forth 10 in article forty of the general business law. 11 (b) [An insurer who is authorized or eligible to do business in the12state may issue, or issue for delivery in this state, a group policy of13liability and property and casualty insurance to a peer-to-peer car14sharing program to insure such peer-to-peer car sharing program, shared15vehicles under the terms and conditions of peer-to-peer car sharing16program agreements, shared vehicle drivers, and occupants of shared17vehicles, as well as the program's agents, employees, directors, offi-18cers and assigns, as long as the following requirements are met:19(1) such policy shall be primary with respect to any other insurance20available to the shared vehicle owner, shared vehicle driver, or any21other operator of the shared vehicle in the circumstances described in22subdivision two of section nine hundred three of the general business23law;24(2) such policy shall provide coverage in accordance with the require-25ments of subdivision two of section nine hundred two of the general26business law.27(c) An insurer which issues an insurance policy described in28subsection (b) of this section shall issue such policy identifying the29peer-to-peer car sharing program as the named insured, and any such30policy shall include a provision that provides coverage, without prior31notice to the insurer, for all shared vehicles during the peer-to-peer32car sharing period. Such policy shall further include a provision that33the shared vehicle drivers and occupants are included as insureds under34the policy to the same extent that they would be insured under a private35passenger motor vehicle policy issued pursuant to section three thousand36four hundred twenty-five of this article and section three hundred elev-37en of the vehicle and traffic law.38(d) A group policy as provided for in subsections (b) and (c) of this39section shall only be issued in accordance with the provisions of this40section and section three thousand four hundred sixty-one of this arti-41cle.42(e) An insurer which is authorized or eligible to do business in the43state may issue a group policy of physical damage insurance to a peer-44to-peer car sharing program to insure against loss due to physical45damage to shared vehicles while the shared vehicles are in the custody46of such peer-to-peer car sharing program shared vehicle driver. Except47when the peer-to-peer car sharing program has contractually agreed to48assume the risk of loss due to physical damage to the shared vehicle,49such group policy shall provide primary coverage for physical damage50loss either by collision coverage, comprehensive coverage, or both, to51the shared vehicle while it shall be in the custody of the peer-to-peer52car sharing program shared vehicle driver.53(f) An insurer which issues a group insurance policy described in this54section shall issue such policy identifying the peer-to-peer car sharing55program as the named insured, and any such policy shall include a56provision that provides primary coverage, without prior notice to theS. 7838 4 1insurer, for all shared vehicles during the peer-to-peer car sharing2period. Except when the peer-to-peer car sharing program has contractu-3ally agreed to assume the risk of loss due to physical damage to the4shared vehicle, such policy shall also include a provision that claims5shall be adjusted pursuant to section three thousand four hundred twelve6of this article, and, except when the peer-to-peer car sharing program7has contractually agreed to assume the risk of loss due to physical8damage to the shared vehicle, it shall further include physical damage9coverage for damage or loss to the shared vehicle that shall have been10incurred during the peer-to-peer car sharing period at a level no less11than that of the amount of third party physical damage coverage.12(g) A group policy, as provided for in subsection (e) of this section,13shall only be issued in accordance with the provisions of this section.14(h)] An insurer may issue or issue for delivery in this state a group 15 policy to an administrator as a group policyholder only in accordance 16 with the provisions of this section. 17 (c) (1) A group policy shall provide coverage for a shared vehicle 18 owner's motor vehicle in accordance with the requirements of article 19 forty of the general business law. 20 (2) A group policy may provide: 21 (A) coverage for limits higher than the minimum limits required by 22 subdivision two of section nine hundred one of the general business law, 23 with regard to financial responsibility coverage; 24 (B) supplemental spousal liability insurance pursuant to subsection 25 (g) of section three thousand four hundred twenty of this chapter; and 26 (C) motor vehicle physical damage coverage as described in paragraph 27 nineteen of subsection (a) of section one thousand one hundred thirteen 28 of this chapter. 29 (3) The coverage described in paragraphs one and two of this 30 subsection may be provided in one group policy or in separate group 31 policies. 32 (4) A group policy, including certificates, shall be issued by author- 33 ized insurers or through excess line brokers pursuant to section two 34 thousand one hundred eighteen of this chapter. 35 (5) A policyholder also may be an insured under a group policy. 36 (d) The premium for the group policy, including certificates, may be 37 paid by the group policyholder from the funds contributed: 38 (1) wholly by the group policyholder; 39 (2) wholly by the group policy members; or 40 (3) jointly by the group policyholder and the group policy members. 41 (e)(1) Any policy dividend, retrospective premium credit, or retro- 42 spective premium refund in respect of premiums paid by the group policy- 43 holder may: 44 (A) be applied to reduce the premium contribution of the group policy- 45 holder, but not in excess of the proportion to its contribution; or 46 (B) be retained by the group policyholder. 47 (2) Any policy dividend, retrospective premium credit, or retrospec- 48 tive premium refund not distributed under paragraph one of this 49 subsection shall be: 50 (A) applied to reduce future premiums and, accordingly, future 51 contributions, of existing or future group policy members, or both; or 52 (B) paid or refunded to those group policy members insured on the date 53 the payment or refund is made to the group policyholder, if distributed 54 by the group policyholder, or on the date of mailing, if distributed 55 directly by the insurer, subject to the following requirements:S. 7838 5 1 (i) the insurer shall be responsible for determining the allocation of 2 the payment or refund to the group policy members; 3 (ii) if the group policyholder distributes the payment or refund, then 4 the insurer shall be responsible for conducting an audit to ascertain 5 that the payment or refund is actually made in accordance with the allo- 6 cation procedure; and 7 (iii) if the group policyholder fails to make the payment or refund, 8 then the insurer shall make the payment or refund directly or use the 9 method provided in subparagraph (A) of this paragraph. 10 (3) Notwithstanding paragraphs one and two of this subsection, if a 11 dividend accrues upon termination of coverage under a group policy, the 12 premium for which was paid out of funds contributed by group policy 13 members specifically for the coverage, then the dividend shall be paid 14 or refunded by the group policyholder to the group policy members 15 insured on the date the payment or refund is made to the group policy- 16 holder net of reasonable expenses incurred by the group policyholder in 17 paying or refunding the dividend to such group policy members. 18 (4) For the purposes of this subsection, "dividend" means a return by 19 an insurer to a group policyholder of excess premiums paid by that group 20 policyholder in light of its favorable loss experience, including retro- 21 spective premium credits or retrospective premium refunds. The term 22 "dividend" does not include reimbursements or fees received by a group 23 policyholder in connection with the operation or administration of a 24 group policy, including administrative reimbursements, fees for services 25 provided by the group policyholder, or transactional service fees. 26 (f) The insurer shall treat in like manner all eligible group policy 27 members of the same class and status. 28 (g) Each policy written pursuant to this section shall provide per 29 occurrence limits of coverage for each group policy member in an amount 30 not less than that required by article forty of the general business 31 law, and may provide coverage for limits higher than the minimum limits 32 required under the law. 33 (h)(1) The insurer shall be responsible for the mailing or delivery of 34 a certificate of insurance to each group policy member, provided, howev- 35 er, that the insurer may delegate the mailing or delivery to the admin- 36 istrator. The insurer also shall be responsible for mailing or delivery 37 to each group policy member an amended certificate of insurance, or 38 endorsement to the certificate, whenever there is a change of limits; 39 change in type of coverage; addition, reduction, or elimination of 40 coverage; or addition of exclusion, under the group policy or certif- 41 icate. 42 (2) The certificate shall contain in substance all material terms and 43 conditions of coverage afforded to the group policy member, unless the 44 group policy is incorporated by reference and a copy of the group policy 45 accompanies the certificate. 46 (3) If coverage afforded to the group policy member is in excess of 47 other applicable insurance coverage, then the certificate shall contain 48 a notice advising the group policy member that if the group policy 49 member has other insurance coverage, specified coverages under the group 50 policy will be excess over the other insurance. 51 (i) A group policyholder shall comply with the provisions of section 52 two thousand one hundred twenty-two of this chapter, in the same manner 53 as an insurance agent or insurance broker, in any advertisement, sign, 54 pamphlet, circular, card, or other public announcement referring to 55 coverage under a group policy or certificate.S. 7838 6 1 (j) A group policy or certificate shall not be subject to section 2 three thousand four hundred twenty-five or section three thousand four 3 hundred twenty-six of this article, provided that the following require- 4 ments shall apply with regard to termination of coverage: 5 (1)(A) An insurer may terminate a group policy or certificate only if 6 cancellation is based on one or more of the reasons set forth in subpar- 7 agraphs (A) through (D) or (F) through (H) of paragraph one of 8 subsection (c) of section three thousand four hundred twenty-six of this 9 article; provided, however, that an act or omission by a group member 10 that would constitute the basis for cancellation of an individual 11 certificate shall not constitute the basis for cancellation of the group 12 policy. 13 (B) Where the premium is derived wholly from funds contributed by the 14 group policyholder, an insurer may cancel an individual certificate only 15 if cancellation is based on one or more of the reasons set forth in 16 subparagraphs (B), (C), or (H) of paragraph one of subsection (c) of 17 section three thousand four hundred twenty-six of this article. 18 (2)(A) An insurer's cancellation of a group policy, including all 19 certificates, shall not become effective until thirty days after the 20 insurer mails or delivers written notice of cancellation to the group 21 policyholder at the mailing address shown in the policy or to an elec- 22 tronic mail address at which the group policyholder has consented to 23 receive such notice. 24 (i) Where all or part of the premium is derived from funds contributed 25 by the group policy member specifically for the coverage, the insurer 26 also shall mail or deliver written notice of cancellation of the group 27 policy to the group policy member at the group policy member's mailing 28 address or to an electronic mail address at which the group policy 29 member has consented to receive such notice. Such cancellation shall 30 not become effective until thirty days after the insurer mails or deliv- 31 ers the written notice to the group policy member. 32 (ii) Where none of the premium is derived from funds contributed by a 33 group policy member specifically for the coverage, the group policyhold- 34 er shall mail or deliver written notice to the group policy member 35 advising the group policy member of the cancellation of the group policy 36 and the effective date of cancellation. The group policyholder shall 37 mail or deliver the written notice within ninety days after receiving 38 notice of cancellation from the insurer. 39 (B) An insurer's cancellation of an individual certificate shall not 40 become effective until thirty days after the insurer mails or delivers 41 written notice of cancellation to the group policy member at the group 42 policy member's mailing address, or to an electronic mail address at 43 which the group policy member has consented to receive such notice, and 44 to the group policyholder at the mailing address shown in the group 45 policy or to an electronic mail address at which the group policyholder 46 has consented to receive such notice. 47 (3)(A) A group policyholder may cancel a group policy, including all 48 certificates, or any individual certificate, for any reason upon thirty 49 days' written notice to the insurer and each group policy member; and 50 (B) The group policyholder shall mail or deliver written notice to 51 each affected group policy member of the group policyholder's cancella- 52 tion of the group policy or certificate and the effective date of 53 cancellation. The group policyholder shall mail or deliver the written 54 notice to the group policy member's mailing address, or to an electronic 55 mail address at which the group policy member has consented to receiveS. 7838 7 1 such notice, at least thirty days prior to the effective date of cancel- 2 lation. 3 (4) A group policy member may cancel optional coverage upon providing 4 notice to the group policyholder. For the purposes of this subsection, 5 "optional coverage" means coverage other than financial responsibility 6 coverage that an individual group policy member purchases on an optional 7 basis. "Optional coverage" does not mean optional vehicle protection as 8 defined in article forty of the general business law. 9 (5)(A) A group policy and all certificates shall be issued or renewed 10 for a one-year policy period unless the group policy provides for a 11 longer policy period. 12 (B) The group policyholder shall be entitled to renew the group policy 13 and all certificates upon timely payment of the premium billed to the 14 group policyholder for the renewal, unless the insurer mails or delivers 15 to the group policyholder and all group policy members written notice of 16 nonrenewal, or conditional renewal, at least thirty but not more than 17 one hundred twenty days prior to the expiration date specified in the 18 group policy or, if no date is specified, then the next anniversary date 19 of the group policy. 20 (6) Where the group policyholder nonrenews the group policy, the group 21 policyholder shall mail or deliver written notice to each group member 22 advising the group policy member of nonrenewal of the group policy and 23 the effective date of nonrenewal. The group policyholder shall mail or 24 deliver written notice at least thirty days prior to the nonrenewal. 25 (7) Every notice of cancellation, nonrenewal, or conditional renewal 26 from an insurer shall set forth the specific reason or reasons for 27 cancellation, nonrenewal, or conditional renewal. 28 (8)(A) An insurer shall not be required under this subsection to give 29 notice to a group policy member if the insurer has been advised by 30 either the group policyholder or another insurer that substantially 31 similar coverage has been obtained from the other insurer without lapse 32 of coverage. 33 (B) A group policyholder shall not be required under this subsection 34 to give notice to a group policy member if substantially similar cover- 35 age has been obtained from another insurer without lapse of coverage. 36 (9)(A) If, prior to the effective date of cancellation, nonrenewal, or 37 conditional renewal of the group policy, or a certificate, whether 38 initiated by the insurer, group policyholder or by the group policy 39 member in regard to the group policy member's certificate, coverage 40 attaches pursuant to the terms of a group policy, then the coverage 41 shall be effective until expiration of the applicable period of coverage 42 provided in the group policy notwithstanding the cancellation, nonrene- 43 wal or conditional nonrenewal of the group policy. 44 (B) Notwithstanding subparagraph (A) of this paragraph, an insurer may 45 terminate coverage under an individual certificate on the effective date 46 of cancellation, if the certificate is cancelled in accordance with the 47 provisions of subparagraph (B) of paragraph one of this subsection. 48 (k) Any mailing or delivery to a group policy member required or 49 permitted under this section may be made by electronic mail if affirma- 50 tive verifiable consent to such method of delivery has been previously 51 received from such group policy member. 52 (l) An insurer may issue a group policy to an administrator notwith- 53 standing that it may be a condition of using or operating a motor vehi- 54 cle through the administrator's program for the shared vehicle owner to 55 participate in such group policy.S. 7838 8 1 (m) An insurer shall not include a mandatory arbitration clause in a 2 policy that provides financial responsibility coverage under this 3 section except as permitted in section five thousand one hundred five of 4 this chapter. 5 (n) Coverage under a group policy, as provided for in this section, 6 shall not be dependent on [a personal motor vehicle] an insurer that 7 issued a shared vehicle owner's policy of liability [insurer first deny-8ing a claim] insurance or other motor vehicle insurance, nor shall [a9personal motor vehicle insurance policy] an insurer be required to first 10 deny a claim before the group policy shall afford coverage pursuant to 11 this section. 12 [(i) Group coverage provided for in this section may be placed with an13excess line broker pursuant to section two thousand one hundred eighteen14of this chapter.] 15 § 3459. Car share exclusions for [personal] motor vehicle [liability] 16 insurance policies. (a) The definitions set forth in section three thou- 17 sand four hundred [fifty-seven] fifty-eight of this article shall apply 18 to this section. 19 (b) Notwithstanding any other provision of law to the contrary, the 20 shared vehicle owner's [personal] policy of liability insurance or other 21 motor vehicle [insurer] insurance may exclude any and all coverage 22 afforded under the policy issued to the shared vehicle owner for any 23 loss, death, or injury that occurs during the car sharing period includ- 24 ing: 25 (1) liability coverage for bodily injury and property damage; 26 (2) coverage provided pursuant to article fifty-one of this chapter; 27 (3) uninsured motorist coverage; 28 (4) supplementary uninsured/underinsured motorist coverage; and 29 (5) motor vehicle physical damage coverage as described in paragraph 30 nineteen of subsection (a) of section one thousand one hundred thirteen 31 of this chapter. 32 (c) The shared vehicle owner's [personal] motor vehicle insurer shall 33 notify the shared vehicle owner that there is no duty to defend or 34 indemnify any person or [organization] entity for the liability for any 35 loss, death, or injury that shall occur during the peer-to-peer car 36 sharing period. 37 (d) Nothing in this article shall invalidate or limit an exclusion 38 contained in a motor vehicle [liability] insurance policy, including any 39 insurance policy in use or approved for use that shall exclude coverage 40 for motor vehicles made available for rent, sharing, hire or any busi- 41 ness use. 42 § 3460. Prohibition against cancellation of policy when motor vehicle 43 is used or operated through a peer-to-peer car sharing program. (a) An 44 insurer shall not cancel an existing motor vehicle insurance policy 45 solely on the basis that the motor vehicle covered by the insurance 46 policy has been made available pursuant to a peer-to-peer car sharing 47 program [unless otherwise authorized under section three thousand four48hundred twenty-five of this article] in compliance with article forty of 49 the general business law. 50 (b) The definitions set forth in section three thousand four hundred 51 fifty-eight of this article shall apply to this section. 52 § 3461. Notice of claim. (a) For purposes of article fifty-one of this 53 chapter, 11 NYCRR Part 65 and general liability claims, notice of claim 54 to the shared vehicle owner, shared vehicle driver, peer-to-peer car 55 sharing program administrator, or any insurer of the shared vehicleS. 7838 9 1 owner, shared vehicle driver, or peer-to-peer car sharing program admin- 2 istrator shall be deemed notice to all appropriate parties and insurers. 3 (b) Any shared vehicle owner, shared vehicle driver, peer-to-peer car 4 sharing program administrator, or any insurer of the shared vehicle 5 owner, shared vehicle driver, or peer-to-peer car sharing program admin- 6 istrator receiving such notice shall provide such notice to all appro- 7 priate parties. 8 (c) The definitions set forth in section three thousand four hundred 9 fifty-eight of this article shall apply to this section. 10 § 4. Subsection (b) of section 5103 of the insurance law is amended by 11 adding a new paragraph 5 to read as follows: 12 5. Is injured while a motor vehicle is being used or operated by a 13 shared vehicle driver pursuant to article forty of the general business 14 law, provided, however, that only the insurer issuing the owner's policy 15 of liability insurance providing coverage for the motor vehicle being 16 used or operated by a shared vehicle driver may exclude such coverage 17 and an insurer may not include this exclusion in a policy used to satis- 18 fy the requirements of article forty of the general business law. 19 § 5. Paragraph 2 of subsection (d) of section 5106 of the insurance 20 law, as added by section 8 of part AAA of chapter 59 of the laws of 21 2017, is amended to read as follows: 22 (2) A group policy issued pursuant to section three thousand four 23 hundred fifty-five or three thousand four hundred fifty-eight of this 24 chapter shall provide first party benefits when a dispute exists as to 25 whether a driver was using or operating a motor vehicle in connection 26 with a transportation network company or peer-to-peer car sharing 27 program when loss, damage, injury, or death occurs. A transportation 28 network company or peer-to-peer car sharing program administrator shall 29 notify the insurer that issued the owner's policy of liability insurance 30 of the dispute within ten business days of becoming aware that the 31 dispute exists. When there is a dispute, the group insurer liable for 32 the payment of first party benefits under a group policy shall have the 33 right to recover the amount paid from the driver's insurer or in the 34 case of a peer-to-peer car sharing program, the shared vehicle owner's 35 insurer to the extent that the driver would have been liable to pay 36 damages in an action at law. 37 § 6. Section 900 of the general business law, as added by a chapter of 38 the laws of 2021 amending the insurance law, the general business law, 39 the tax law, and the vehicle and traffic law relating to enacting the 40 peer-to-peer car sharing program act, as proposed in legislative bills 41 numbers S. 6715 and A. 2349-A, is amended to read as follows: 42 § 900. Definitions. As used in this article, the following terms shall 43 have the following meanings: 44 1. "Peer-to-peer car sharing" shall mean the authorized use of a 45 shared vehicle by an individual other than the vehicle's owner through a 46 peer-to-peer car sharing program. 47 2. "Peer-to-peer car sharing program" or "program" means a program 48 that facilitates the use or operation of a shared vehicle by a shared 49 vehicle driver. 50 3. "Peer-to-peer car sharing program administrator" or ["program"] 51 "administrator" shall mean the corporation, partnership, firm, institu- 52 tion, sole proprietorship or other entity or person that is responsible 53 for operating, facilitating or administering the means, digital or 54 otherwise, by which a business platform facilitates a peer-to-peer car 55 sharing program for financial consideration[. Such programs], but shall 56 not include a person or entity engaged in the business of renting orS. 7838 10 1 leasing rental vehicles to be operated upon the public highways for 2 carrying passengers or non-profit or charitable organizations that 3 facilitate peer-to-peer car sharing in exchange for payment of a fee or 4 for financial consideration. 5 [3.] 4. "Peer-to-peer car sharing program agreement" or "agreement" 6 shall mean the terms and conditions that govern the use of a shared 7 vehicle through a peer-to-peer car sharing program. 8 [4.] 5. "Shared vehicle" means a motor vehicle that is available for 9 sharing through a peer-to-peer car sharing program that is both: 10 (a) used nonexclusively for peer-to-peer car sharing activity pursuant 11 to a peer-to-peer car sharing program agreement; and 12 (b) not otherwise made available by the shared vehicle owner for use 13 as a rental vehicle as defined in section one hundred thirty-seven-a of 14 the vehicle and traffic law. 15 [5.] 6. "Shared vehicle driver" shall mean a driver, as such term is 16 defined by section one hundred thirteen of the vehicle and traffic law, 17 of a shared vehicle during the sharing period who has been authorized to 18 use such shared vehicle pursuant to a peer-to-peer car sharing program 19 agreement. 20 [6.] 7. "Shared vehicle owner" shall mean [a registered] an owner, as 21 defined in section one hundred twenty-eight of the vehicle and traffic 22 law, of a registered shared vehicle made available for use by shared 23 vehicle drivers through a peer-to-peer car sharing program. 24 [7.] 8. "Peer-to-peer car sharing delivery period" shall mean the 25 period of time during which a shared vehicle is being delivered to the 26 location of the peer-to-peer car sharing start time, if applicable, as 27 documented by the governing peer-to-peer car sharing program agreement. 28 [8.] 9. "Peer-to-peer car sharing start time" shall mean the time when 29 the shared vehicle becomes subject to possession or the control of the 30 shared vehicle driver at, or after, the time the peer-to-peer car shar- 31 ing period is scheduled to begin as documented in the records of a peer- 32 to-peer car sharing program administrator. 33 [9.] 10. "Peer-to-peer car sharing period" or "car sharing period" 34 shall mean the period of time that shall commence with the peer-to-peer 35 car sharing delivery period or, if there is no peer-to-peer car sharing 36 delivery period, the period of time that shall commence with the peer- 37 to-peer car sharing start time and, in either case, shall end at the 38 peer-to-peer car sharing termination time. 39 [10.] 11. "Peer-to-peer car sharing termination time" shall mean the 40 earliest of the following events: 41 (a) the expiration of the agreed upon period of time established for 42 the use of a shared vehicle according to the terms of the car sharing 43 program agreement if the shared vehicle is delivered to the location 44 agreed upon in the peer-to-peer car sharing program agreement; 45 (b) returned to a location as alternatively agreed upon by the shared 46 vehicle owner and shared vehicle driver as communicated through a peer- 47 to-peer car sharing program; or 48 (c) when the shared vehicle owner or the shared vehicle owner's 49 authorized designee takes possession [and] or control of the shared 50 vehicle. 51 [11.] 12. "Group policy" means an insurance policy issued pursuant to 52 section three thousand four hundred fifty-eight of the insurance law. 53 [12.] 13. "Motor vehicle" shall: 54 (a) have the meaning set forth in section one hundred twenty-five of 55 the vehicle and traffic law; and 56 (b) have a gross weight rating of ten thousand pounds or less.S. 7838 11 1 [13.] 14. "Optional vehicle protection" shall: 2 (a) mean a peer-to-peer car sharing [program's] program administra- 3 tor's agreement to contractually assume liability or risk of loss due to 4 physical damage for all or part of any damage or loss to the shared 5 vehicle, any loss of use of the shared vehicle, or any storage, impound, 6 towing or administrative charges for which a shared vehicle driver, or 7 shared vehicle owner may be liable[.]; and 8 (b) encompass within its meaning other similar terms that may be used 9 in the vehicle renting or sharing industry such as, but not limited to, 10 "collision damage waiver", "CDW", "damage waiver", "loss damage waiver", 11 "LDW", and "physical damage waiver". 12 § 7. Section 901 of the general business law, as added by a chapter of 13 the laws of 2021 amending the insurance law, the general business law, 14 the tax law, and the vehicle and traffic law relating to enacting the 15 peer-to-peer car sharing program act, as proposed in legislative bills 16 numbers S. 6715 and A. 2349-A, is REPEALED. 17 § 8. Sections 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 18 913, 914, 915, 916, 917, 918, 919, and 920 of the general business law, 19 as added by a chapter of the laws of 2021 amending the insurance law, 20 the general business law, the tax law, and the vehicle and traffic law 21 relating to enacting the peer-to-peer car sharing program act, as 22 proposed in legislative bills numbers S. 6715 and A. 2349-A, are renum- 23 bered sections 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 24 912, 913, 914, 915, 916, 917, 918, and 919. 25 § 9. Sections 901, 902, 903, 904, 905, 906, 907, 908, 909, 912, 913, 26 914, 915, 916, 917, and 918 of the general business law, as renumbered 27 by section eight of this act, are amended to read as follows: 28 § 901. Requirements for doing business. 1. No shared vehicle shall be 29 classified as a commercial vehicle, for-hire vehicle, transportation 30 network company or TNC vehicle as defined in article forty-four-B of the 31 vehicle and traffic law, taxi-cab, rental vehicle as defined in section 32 one hundred thirty-seven-a of the vehicle and traffic law, or livery 33 vehicle solely because the shared vehicle owner allows such vehicle to 34 be used for peer-to-peer car sharing, or as such for the duration of the 35 car sharing period, provided that: (a) the peer-to-peer car sharing is 36 compliant with a peer-to-peer car sharing program as provided in this 37 article; (b) if the car sharing program does not prohibit shared vehicle 38 drivers from using shared vehicles for commercial uses, the insurance 39 maintained by the car sharing program does not exclude coverage for such 40 commercial uses; and (c) the car sharing program does not knowingly 41 place the shared vehicle into use as a commercial vehicle or as a vehi- 42 cle for-hire or as a transportation network company vehicle by a shared 43 vehicle driver while engaged in peer-to-peer car sharing, unless the 44 shared vehicle driver or owner, as applicable, is in compliance with 45 other laws applied to the commercial use or to use as a vehicle for-hire 46 or as a transportation network company vehicle. 47 2. A peer-to-peer car sharing program administrator, during each peer- 48 to-peer car sharing period for each shared vehicle that it facilitates 49 the use and operation of, shall maintain insurance that provides finan- 50 cial responsibility coverage as follows: 51 (a) provide insurance coverage that satisfies the financial responsi- 52 bility requirements set forth in section three thousand four hundred 53 twenty of the insurance law, article fifty-one of the insurance law and 54 such other requirements, rules or regulations that may apply for the 55 purposes of satisfying the financial responsibility requirements with 56 respect to the use or operation of a motor vehicle;S. 7838 12 1 (b) maintain additional insurance against loss from the liability 2 imposed by law for damages during the car sharing period, including 3 damages for care and loss of services, because of bodily injury to or 4 death of any person and injury to or destruction of property arising out 5 of the ownership, maintenance, use or operation of a specific personal 6 vehicle or vehicles within the state, or elsewhere in the United States 7 or Canada, subject to a limit, exclusive of interest and costs, with 8 respect to each such occurrence, of at least one million two hundred 9 fifty thousand dollars because of bodily injury to or death of any 10 person, and injury to or destruction of property; [and] 11 (c) provide coverage in accordance with subsection (f) of section 12 three thousand four hundred twenty of the insurance law, providing 13 supplementary uninsured/underinsured motorist insurance for bodily inju- 14 ry, subject to a limit per occurrence in the amount of one million two 15 hundred fifty thousand dollars because of bodily injury or death of any 16 person[.]; 17 (d) the insurance required under this subdivision need not be cotermi- 18 nous with the registration period of the shared vehicle insured[.]; and 19 (e) For purposes of article fifty-one of the insurance law, 11 NYCRR 20 Part 65 and general liability claims, notice to the shared vehicle 21 owner, shared vehicle driver, peer-to-peer car sharing program adminis- 22 trator, or any insurer of the shared vehicle owner, shared vehicle driv- 23 er, or peer-to-peer car sharing program administrator of any claim shall 24 be deemed notice to all appropriate parties and insurers. Any shared 25 vehicle owner, shared vehicle driver, peer-to-peer car sharing program 26 administrator, or any insurer of the shared vehicle owner, shared vehi- 27 cle driver, or peer-to-peer car sharing program administrator receiving 28 such notice shall provide such notice to all appropriate parties. 29 3. The insurance requirements provided in subdivision two of this 30 section may be satisfied by insurance provided through a group policy 31 maintained by the peer-to-peer car sharing program administrator on the 32 shared vehicle, shared vehicle owner, and shared vehicle driver pursuant 33 to this article. Provided that the peer-to-peer car sharing [program's] 34 program administrator's group liability insurance policy shall be prima- 35 ry during each car sharing period, pursuant to section nine hundred 36 [three] two of this [chapter] article, nothing shall be deemed to 37 preclude an insurer from providing excess or umbrella coverage for the 38 shared vehicle owner or shared vehicle driver if such shared vehicle 39 owner or shared vehicle driver chooses to do so by contract or endorse- 40 ment. 41 4. A peer-to-peer car sharing program administrator shall, during each 42 peer-to-peer car sharing period for each shared vehicle that it facili- 43 tates the use and operation of, perform the following: 44 (a) provide shared vehicle owners with proof of insurance coverage 45 satisfying subdivision two of this section and such shared vehicle owner 46 or shared vehicle driver shall carry such proof of coverage with him or 47 her at all times during his or her operation of a shared vehicle during 48 a peer-to-peer car sharing period. Such proof of coverage shall be in 49 such form as the commissioner of motor vehicles shall prescribe, which 50 may be in the form of an insurance identification card as defined in 51 section three hundred eleven of the vehicle and traffic law. Any insur- 52 ance identification card issued pursuant to the provisions of this arti- 53 cle shall be in addition to the insurance identification card required 54 pursuant to article six of the vehicle and traffic law, and nothing 55 contained in this article shall be deemed to supersede the provisions of 56 article six of the vehicle and traffic law. Whenever the production ofS. 7838 13 1 an insurance identification card is required by law, a shared vehicle 2 owner or shared vehicle driver shall: (i) produce the insurance iden- 3 tification card pursuant to article six of the vehicle and traffic law; 4 and (ii) if such shared vehicle owner or shared vehicle driver was oper- 5 ating such vehicle during a peer-to-peer car sharing period, such shared 6 vehicle owner or shared vehicle driver shall also produce the insurance 7 identification card required pursuant to this article. A shared vehicle 8 owner or shared vehicle driver who, while operating a shared vehicle 9 during a peer-to-peer car sharing period, has in effect the insurance 10 required pursuant to this article, shall not be deemed to be in 11 violation of insurance requirements under article six of the vehicle and 12 traffic law during such time as he or she was operating such vehicle 13 during such period. 14 (b) provide the following for each shared vehicle driver, for each 15 peer-to-peer car sharing period: 16 (i) an insurance identification card as defined in subdivision ten of 17 section three hundred eleven of the vehicle and traffic law, or other 18 documentation, whether printed or electronic, which the shared vehicle 19 driver shall carry and have available in the vehicle at all times during 20 the peer-to-peer car sharing period and clearly demonstrates that the 21 security insurance referred to in subdivision two of this section is in 22 full force and effect; and 23 (ii) a toll-free number, electronic mail, or other such form of commu- 24 nication by which a law enforcement police officer, representative of 25 the department of motor vehicles, or other officer of this state or any 26 political subdivision thereof with relevant job responsibilities may 27 confirm that the insurance provided for in subdivision two of this 28 section is in full force and effect. 29 (c) collect, maintain, and make available to the shared vehicle owner, 30 the shared vehicle owner's primary motor vehicle liability insurer in 31 connection with a claimed loss, the shared vehicle driver's primary 32 motor vehicle liability insurer in connection with a claimed loss, any 33 excess or umbrella insurers in connection with a claimed loss, third 34 parties directly involved in motor vehicle incidents with a shared vehi- 35 cle in connection with a claimed loss, and any government agency as 36 required by law, within ten business days of a request, or as reasonably 37 practicable thereafter the following information pertaining to incidents 38 which occurred during the peer-to-peer car sharing period: 39 (i) available records of the peer-to-peer car sharing period for each 40 shared vehicle involved, and to the extent available, verifiable elec- 41 tronic records of the time, initial and final locations of the vehicle, 42 and, to the extent mileage is collected, miles driven; 43 (ii) in instances where an insurance claim has been filed with a group 44 insurer, all information relevant to the claim, to the extent such 45 information is available, including but not limited to, payments by the 46 program concerning accidents, damages and injuries; and 47 (iii) For purposes of article fifty-one of the insurance law, 11 NYCRR 48 Part 65 and general liability claims, notice to the shared vehicle 49 owner, shared vehicle driver, peer-to-peer car sharing program adminis- 50 trator, or any insurer of the shared vehicle owner, shared vehicle driv- 51 er, or peer-to-peer car sharing program administrator of any claim shall 52 be deemed notice to all appropriate parties and insurers. Any shared 53 vehicle owner, shared vehicle driver, peer-to-peer car sharing program 54 administrator, or any insurer of the shared vehicle owner, shared vehi- 55 cle driver, or peer-to-peer car sharing program administrator receiving 56 such notice shall provide such notice to all appropriate parties.S. 7838 14 1 (d) ensure that the shared vehicle owner and shared vehicle driver are 2 given reasonable notice prior to the first use or operation of a shared 3 vehicle pursuant to a peer-to-peer car sharing program agreement that: 4 (i) during the peer-to-peer car sharing period, the shared vehicle 5 owner's [personal motor vehicle] policy of liability [insurer] insurance 6 or other motor vehicle insurance may exclude any and all coverage 7 afforded under [its] the policy, provided the shared vehicle owner's 8 insurer notified its insured that it shall have no duty to indemnify or 9 defend any person or [organization] entity for liability for any loss, 10 death, or injury that occurs during the peer-to-peer car sharing period; 11 and 12 (ii) any insurance or physical damage protection offered pursuant to 13 paragraph (b) of subdivision two of this section or [subsection (e) of] 14 section three thousand four hundred fifty-eight of the insurance law, 15 shall not be valid or collectible for damages [or], losses, deaths, or 16 injuries that occur outside of the peer-to-peer car sharing period. 17 (e) ensure that the shared vehicle owner acknowledges upon or before 18 enrollment in a peer-to-peer car sharing program, and is notified in 19 plain conspicuous language before each car sharing period, that state 20 law may impose liability for injuries to person or property resulting 21 from the negligence in the use or operation of the shared vehicle by 22 shared vehicle drivers for judgments exceeding the coverage limits of 23 insurance in effect during the car sharing period. The subsequent notice 24 required under this subsection may be provided electronically, including 25 by electronic mail and hyperlink to a website explaining insurance 26 coverages and vicarious liability or other substantially similar means 27 of notice. 28 5. At the time a vehicle is enrolled in the peer-to-peer car sharing 29 program, the peer-to-peer car sharing [platform] program administrator 30 shall file with the commissioner of motor vehicles, in such form and 31 manner as such commissioner may require, a statement identifying the 32 shared vehicle and proof of a group policy applicable to such shared 33 vehicle pursuant to section three thousand four hundred seven of the 34 insurance law. The commissioner of motor vehicles shall identify the 35 vehicle as enrolled in the peer-to-peer car sharing program and provide 36 proof of a group policy applicable to such shared vehicle pursuant to 37 the insurance law in such vehicle or registration record in a manner 38 accessible to the public. Failure of a peer-to-peer car sharing [plat-39form] program administrator to comply with the provisions of this arti- 40 cle may result in penalties [which may include suspension or revocation41of license as provided by law]. 42 6. (a) Except as provided in paragraph (b) of this subdivision, a 43 group policy maintained by a program shall be placed with an insurer 44 authorized to write insurance in this state. 45 (b) If a program is unable to purchase a group policy because such 46 insurance is unavailable from authorized insurers, the program may 47 acquire such group insurance with an excess line broker pursuant to 48 section two thousand one hundred eighteen of the insurance law; 49 (c) The obligation to determine whether the insurance required by this 50 section is unavailable from insurers authorized to write insurance in 51 this state shall be made prior to the initial placement and at each 52 renewal of a policy. 53 (d) Compliance with the excess [and surplus] line statutes and regu- 54 lations of this state shall be performed with respect to the group as a 55 whole and not with respect to individual group members.S. 7838 15 1 (e) A group policy provided for in this section shall not include a 2 mandatory arbitration clause in a policy issued pursuant to this 3 section. Nothing in this section supersedes the mandatory arbitration 4 requirements contained in section five thousand one hundred five of the 5 insurance law. 6 7. A peer-to-peer car sharing program administrator shall, upon enter- 7 ing into a peer-to-peer car sharing agreement with a shared vehicle 8 owner and prior to the shared vehicle owner making a shared vehicle 9 available for sharing in the program, provide notice in plain conspicu- 10 ous language to the shared vehicle owner that he or she may need addi- 11 tional insurance coverage including motor vehicle physical damage cover- 12 age as described in paragraph nineteen of subsection (a) of section one 13 thousand one hundred thirteen of the insurance law if the shared vehicle 14 is subject to a lease or loan. A program shall also post this notice on 15 its website in a prominent place and provide contact information for the 16 department of financial services. 17 § 902. Program liability. 1. Notwithstanding any other provision of 18 law, or any provision in a shared vehicle owner's policy of motor vehi- 19 cle liability insurance, in the event of a loss, death, or injury that 20 shall occur during the peer-to-peer car sharing period, the peer-to-peer 21 car sharing program insurers providing coverages under section nine 22 hundred [two] one of this article shall provide financial responsibility 23 for any bodily injury, death, or damage to property in amounts not to 24 exceed those stated in the peer-to-peer car sharing program agreement 25 and not less than those amounts required in section nine hundred [two] 26 one of this article, and the peer-to-peer car sharing [program] adminis- 27 trator shall retain such liability irrespective of a lapse in the group 28 policy or any other insurance policy or financial security maintained by 29 the [program] administrator. 30 2. The insurer or insurers providing group liability insurance to the 31 peer-to-peer car sharing program pursuant to section nine hundred [two] 32 one of this article shall be primary during each car sharing period. 33 Provided however, where: (a) a good faith dispute exists regarding who 34 was in control of the vehicle when the loss, death, or injury occurred 35 giving rise to such claim or whether the loss, death, or injury occurred 36 outside of the car sharing period; and (b) the peer-to-peer car sharing 37 program administrator does not have available, did not retain, or is 38 otherwise unable to provide information demonstrating who was in 39 possession or control at the time of the loss, death, or injury or 40 whether the loss, death, or injury occurred outside of the car sharing 41 period, the shared vehicle owner's private motor vehicle insurer shall 42 indemnify insurer or insurers providing group liability insurance, to 43 the extent of its obligation under the applicable insurance policy, if 44 it is determined that the loss, death, or injury occurred outside of the 45 peer-to-peer car sharing period. The peer-to-peer car sharing program 46 administrator shall notify the [registered] shared vehicle owner's 47 insurer of any such dispute within fifteen days of becoming aware that 48 such a dispute exists. 49 3. In the event that the shared vehicle owner or the shared vehicle 50 owner's personal motor vehicle insurer is named as a defendant in a 51 civil action for a loss, death, or injury that occurs during any time 52 within the peer-to-peer car sharing period, or otherwise under the 53 direct and immediate control of a peer-to-peer car sharing program, the 54 peer-to-peer car sharing program administrator shall have the duty to 55 defend and indemnify the shared vehicle owner and the shared vehicle 56 owner's insurer subject to the provisions of this section, section nineS. 7838 16 1 hundred [two] one of this article and section three thousand four 2 hundred fifty-eight of the insurance law. 3 4. A motor vehicle liability insurer who defends or indemnifies a 4 claim against a shared vehicle which is excluded under the terms of its 5 policy shall have the right to seek contribution against the peer-to- 6 peer car sharing [program's] program administrator's insurer, if the 7 claim is made against the shared vehicle owner, the shared vehicle driv- 8 er or authorized [operator] driver for loss, death, or injury which 9 occurs during the car sharing period. 10 5. A peer-to-peer car sharing program administrator may contractually 11 assume the risk of loss due to physical damage to shared vehicles during 12 the time that such shared vehicles are in the custody of the shared 13 vehicle driver or peer-to-peer car sharing program, and that such 14 assumption of risk: 15 (a) shall not be deemed to be physical damage insurance; 16 (b) that the terms of such contractual assumption may provide that the 17 program assumes the risk of physical damage loss to the vehicle in 18 excess of a sum certain; and 19 (c) if the terms of such contractual assumption include a separately 20 itemized fee charged to the shared vehicle driver solely for the 21 contractual assumption of the risk of loss due to physical damage, then 22 it shall be provided under the terms set forth in this article. 23 6. To the extent not otherwise prohibited by state or federal law, in 24 a claims coverage investigation, a peer-to-peer car sharing program 25 administrator shall cooperate to facilitate the exchange of relevant 26 information with directly involved parties and any insurer of a shared 27 vehicle owner's or shared vehicle driver's participation in a peer-to- 28 peer car sharing program. 29 7. In addition to other remedies available at law, the attorney gener- 30 al shall have authority to enforce this article as authorized by law, 31 including injunctive and other legal and equitable relief for non-com- 32 pliance by a car sharing program administrator or any other party 33 through civil proceedings. 34 8. Any provision in a peer-to-peer car sharing agreement designated by 35 the courts of another jurisdiction as the exclusive forum for resolving 36 disputes shall be deemed void as against public policy with respect to 37 the use of a peer-to-peer car sharing [platform] program or shared vehi- 38 cle in this state. 39 9. A peer-to-peer car sharing program administrator shall be deemed to 40 have received notice of injuries to or death of persons or losses of 41 property covered under the insurance and financial security requirements 42 of this article at the earlier of notice received by the peer-to-peer 43 car sharing program administrator or notice received by the shared vehi- 44 cle owner. A shared vehicle owner shall promptly give actual notice to 45 the peer-to-peer car sharing program administrator and its insurers, 46 including notice in the form and manner as required in the peer-to-peer 47 car sharing agreement, of any injuries to or death of persons or losses 48 of property potentially covered by insurance maintained by the peer-to- 49 peer car sharing program administrator. A peer-to-peer car sharing 50 program administrator or its insurers shall be deemed to have received 51 actual notice when a shared vehicle owner notifies the peer-to-peer car 52 sharing program administrator or its insurers when the shared vehicle 53 owner provided notice in the form and manner required in the peer-to- 54 peer car sharing agreement. 55 10. For purposes of article fifty-one of the insurance law, 11 NYCRR 56 Part 65 and general liability claims, notice to the shared vehicleS. 7838 17 1 owner, shared vehicle driver, peer-to-peer car sharing program adminis- 2 trator or any insurer of the shared vehicle owner, shared vehicle driv- 3 er, or peer-to-peer car sharing program administrator of any claim shall 4 be deemed notice to all appropriate parties and insurers. Any shared 5 vehicle owner, shared vehicle driver, peer-to-peer car sharing program 6 administrator or any insurer of the shared vehicle owner, shared vehicle 7 driver, or peer-to-peer car sharing program administrator receiving such 8 notice shall provide such notice to all appropriate parties. 9 § 903. Lien implications; notification. When a vehicle owner first 10 registers as a shared vehicle owner [on] in a peer-to-peer car sharing 11 program and prior to such time as when the shared vehicle owner makes a 12 shared vehicle available for peer-to-peer car sharing [on] in the peer- 13 to-peer car sharing program, the peer-to-peer car sharing program admin- 14 istrator shall notify in plain conspicuous language the shared vehicle 15 owner that, if the shared vehicle shall have a lien against it, the use 16 of the shared vehicle through a peer-to-peer car sharing program, 17 including use without physical damage coverage, may violate the terms of 18 the contract with the lienholder. 19 § 904. Insurable interest. 1. Notwithstanding any other provision of 20 law to the contrary, a peer-to-peer car sharing program administrator 21 shall have an insurable interest in a shared vehicle during the peer-to- 22 peer car sharing period. 23 2. Nothing in this section shall create an obligation for a peer-to- 24 peer car sharing program administrator to provide insurance beyond the 25 requirement to ensure financial security pursuant to the provisions of 26 subdivision two of section nine hundred [two] one of this article. 27 § 905. Disclosures. 1. Each peer-to-peer car sharing program agreement 28 made in [the] this state shall disclose and separately state or itemize 29 to the shared vehicle owner and the shared vehicle driver: 30 (a) the daily rate, fees, and, if applicable, any insurance or 31 protection package costs that shall be charged to the shared vehicle 32 owner or the shared vehicle driver; and 33 (b) an emergency telephone number to contact personnel capable of 34 providing roadside assistance and handling other customer service 35 inquiries. 36 2. No peer-to-peer car sharing program administrator shall accept a 37 reservation unless the shared vehicle driver has received a final quoted 38 rate that includes all charges which the shared vehicle driver shall pay 39 to obtain access to the vehicle, provided, however, that a peer-to-peer 40 car sharing program administrator may separately state itemized optional 41 items and/or services or any mileage below the final quoted rate in the 42 same font and on the same page or webpage on which the rate quote is 43 provided. 44 § 906. Driver's license verification; data retention. 1. A peer-to- 45 peer car sharing program administrator shall not enter into a peer-to- 46 peer car sharing program agreement with a driver unless the driver who 47 will operate the shared vehicle furnishes proof, by electronic means or 48 otherwise, of: 49 (a) a valid New York driver's license which authorizes the driver to 50 operate vehicles of the class of the shared vehicle; 51 (b) a valid driver's license issued by the state or country of the 52 driver's residence which authorizes the driver in such state or country 53 to drive vehicles of the class of the shared vehicle and is the age 54 required of a New York resident to operate that class of vehicle; or 55 (c) being otherwise specifically authorized by a valid license to 56 operate vehicles of the class of the shared vehicle.S. 7838 18 1 2. A peer-to-peer car sharing program administrator shall keep a 2 record of: 3 (a) the name and address of the shared vehicle driver; 4 (b) the identification number of the driver's license of the shared 5 vehicle driver and each other person, if any, who shall operate the 6 shared vehicle; and 7 (c) the date and place of issuance of the driver's license for each 8 such vehicle operator. 9 § 907. Data privacy protections. Notwithstanding any other provision 10 of the law to the contrary, all trip data, personal information, images, 11 videos, and other recorded images collected by any peer-to-peer car 12 sharing program [which] administrator that is authorized to operate 13 pursuant to this article shall be for the exclusive use of such peer-to- 14 peer car sharing program and shall not be sold, distributed, or other- 15 wise made accessible except: 16 1. to the person who is the subject of such data information or 17 record, or to enable or facilitate such person's use of the car sharing 18 program in accordance with the peer-to-peer car sharing agreement; 19 2. to respond to, process, facilitate, adjust, or defend an insurance 20 claim; or 21 3. if necessary to comply with a lawful court order, judicial warrant 22 signed by a judge appointed pursuant to article three of the United 23 States Constitution, or subpoena for individual data, information or 24 records properly issued pursuant to the criminal procedure law or the 25 civil practice law and rules. 26 Provided, however, that nothing contained in this paragraph shall be 27 deemed to preclude the exchange of anonymized trip data, information, or 28 recorded images solely for the purpose of administering such authorized 29 [shared] car sharing program, and provided further that aggregated 30 anonymized trip data may be shared with [the] this state or any of its 31 political subdivisions for non-commercial transportation research or 32 traffic management purposes. Any such exchanges or sharing shall exclude 33 personal information, images, videos, and other recorded images 34 collected by any peer-to-peer car sharing program administrator. For 35 the purposes of this section, "personal information" shall mean informa- 36 tion that identifies an individual, including but not limited to name, 37 address, telephone number, and the type and form of payment including 38 credit card number, debit card number, or other payment method. 39 § 908. Responsibility for equipment. A peer-to-peer car sharing 40 program administrator shall have sole responsibility for any equipment, 41 such as a global positioning system, or GPS, or other special equipment 42 which is put in or on such shared vehicle to monitor or facilitate the 43 peer-to-peer car sharing transaction, and shall agree to indemnify and 44 hold harmless the shared vehicle owner for any damage to or theft of 45 such equipment during the peer-to-peer car sharing period not caused by 46 such shared vehicle owner. There shall be a rebuttable presumption that 47 damage claimed during the peer-to-peer car sharing period was not caused 48 by the shared vehicle owner. The peer-to-peer car sharing program 49 administrator shall have the right to seek indemnity from the shared 50 vehicle driver for any loss or damage to such equipment that shall occur 51 during the peer-to-peer car sharing period. 52 § 909. Safety recalls. 1. At the time when a shared vehicle owner 53 registers a shared vehicle [on] in a peer-to-peer car sharing program, 54 and prior to the time when the shared vehicle owner makes a shared vehi- 55 cle available for car sharing [on] in the peer-to-peer car sharingS. 7838 19 1 program, and no less than annually thereafter, the peer-to-peer car 2 sharing program administrator shall: 3 (a) verify that the shared vehicle is not subject to any open safety 4 recalls appearing on the National Highway Traffic Safety Administration 5 recall database created under 49 C.F.R. 573.15 for which the recall 6 repair has not been made and shall not permit a shared vehicle to be 7 shared in a peer-to-peer car sharing program unless the vehicle recall 8 repair has been made; and 9 (b) notify such shared vehicle owner of the requirements under subdi- 10 vision two of this section. 11 2. (a) If the shared vehicle owner has received notice of a safety 12 recall on a shared vehicle, before it is enrolled in a peer-to-peer car 13 sharing program such shared vehicle owner shall not make such vehicle 14 available as a shared vehicle [on] in a peer-to-peer car sharing program 15 until the necessary safety recall repair has been made. 16 (b) If a shared vehicle owner has received notice of a safety recall 17 on a shared vehicle while the shared vehicle is available on a peer-to- 18 peer car sharing program, the shared vehicle owner shall remove the 19 shared vehicle from such peer-to-peer car sharing program, as soon as 20 practicable, and in no case longer than seventy-two hours after receipt 21 of such notice, and it shall not be made available thereafter until the 22 necessary repairs under the safety recall shall have been completed. 23 (c) If a shared vehicle owner has received notice of a safety recall 24 on a shared vehicle while such shared vehicle is in the possession of a 25 shared vehicle driver, the shared vehicle owner shall notify the peer- 26 to-peer car sharing program administrator about the safety recall as 27 soon as practicable, and in no case longer than forty-eight hours after 28 receipt of such notice, so that the shared vehicle driver can be noti- 29 fied and the shared vehicle can be removed from the peer-to-peer car 30 sharing program until the necessary safety recall repair has been made. 31 (d) A shared vehicle owner shall not enroll a vehicle in a peer-to- 32 peer car sharing program unless such vehicle has been issued a valid 33 safety inspection in compliance with article five of the vehicle and 34 traffic law. A peer-to-peer car sharing program administrator shall not 35 permit a vehicle to be shared unless the shared vehicle owner has 36 furnished proof to the program of such safety inspection in compliance 37 with article five of the vehicle and traffic law within the preceding 38 twelve months. 39 § 912. Discrimination in peer-to-peer car sharing prohibited. 1. No 40 corporation, partnership, firm, institution, sole proprietorship or 41 other entity or person engaged in the business of peer-to-peer car shar- 42 ing shall refuse to make a shared vehicle available to any person other- 43 wise qualified because of race, color, ethnic origin, religion, disabil- 44 ity, or sex. 45 2. Any person, firm, partnership, association or corporation engaged 46 in peer-to-peer car sharing found by a court of competent jurisdiction 47 to have violated a provision of this section shall be subject to a 48 penalty of not less than one thousand nor more than twenty-five hundred 49 dollars for each violation. 50 3. (a) If a peer-to-peer car sharing program administrator shall 51 engage in a persistent or repeated business activity or conduct which 52 discriminates against any individual based on such individual's race, 53 color, ethnic origin, religion, disability, residence or geographic 54 location, income, sexual orientation, genetic predisposition or sex or 55 membership in an otherwise protected class pursuant to state or federal 56 law, the attorney general may apply, in the name of the people of theS. 7838 20 1 state of New York, to the supreme court of the state of New York, on 2 five days' notice, for an order enjoining the continuance of such busi- 3 ness activity and directing restitution and damages. In any such 4 proceeding, the attorney general may seek a civil penalty not to exceed 5 five thousand dollars per violation and may recover costs pursuant to 6 paragraph six of subdivision (a) of section eighty-three hundred three 7 of the civil practice law and rules. 8 (b) The term "persistent" as used in this subdivision shall include 9 the continuance or carrying on of any such business activity or conduct. 10 (c) The term "repeated" as used in this subdivision shall include 11 repetition of any separate and distinct business activity or conduct 12 which shall affect more than one person. 13 (d) The term "business activity" as used in this subdivision shall 14 include policies and/or standard practices of the peer-to-peer car shar- 15 ing program administrator. 16 (e) In connection with any such application, the attorney general is 17 authorized to take proof, make a determination of the relevant facts and 18 to issue subpoenas in accordance with the civil practice law and rules. 19 If the attorney general shall bring an action or proceeding under this 20 section, such authorization shall not terminate due to such action or 21 proceeding being brought. 22 (f) (i) A peer-to-peer car sharing program administrator shall imple- 23 ment a zero-tolerance policy regarding a shared vehicle driver's or 24 shared vehicle owner's activities while accessing the peer-to-peer car 25 sharing program's digital network. 26 (ii) A peer-to-peer car sharing program shall adopt a policy of non- 27 discrimination on the basis of residence or geographic location, race, 28 color, national origin, religious belief, practice or affiliation, sex, 29 disability, age, sexual orientation, or genetic predisposition with 30 respect to shared vehicle owners and shared vehicle drivers, and notify 31 peer-to-peer car sharing program shared vehicle owners and shared vehi- 32 cle drivers [or] of such policy. 33 (iii) Peer-to-peer car sharing program shared vehicle owners and 34 shared vehicle drivers shall comply with all applicable laws regarding 35 non-discrimination against shared vehicle drivers or potential shared 36 vehicle drivers on the basis of destination, race, color, national 37 origin, religious belief, practice or affiliation, sex, disability, age, 38 sexual orientation, or genetic predisposition with respect to shared 39 vehicle owners and shared vehicle drivers and notify shared vehicle 40 drivers and shared vehicle owners of such policy. 41 (iv) Peer-to-peer car sharing [programs] program administrators shall 42 inform shared vehicle owners of their obligation to comply with all 43 applicable laws relating to accommodation of service animals. 44 (v) A peer-to-peer car sharing program administrator shall implement 45 and maintain a policy and an oversight process of providing accessibil- 46 ity to shared vehicle drivers with a disability and accommodation of 47 service animals as such term is defined in section one hundred twenty- 48 three-b of the agriculture and markets law. A peer-to-peer car sharing 49 program administrator shall not impose additional charges for providing 50 services to persons with physical disabilities because of those disabil- 51 ities. 52 (vi) The New York state division of human rights shall be authorized 53 to accept, review and investigate any potential or actual violations 54 with respect to compliance with nondiscrimination laws and accessibility 55 laws in a form and manner consistent with authority under article 56 fifteen of the executive law [and shall notify the department of finan-S. 7838 21 1cial services, upon a finding of a violation by a peer-to-peer car shar-2ing program, for purposes of suspending a peer-to-peer car sharing3program's ability to operate in the state]. 4 § 913. Optional vehicle protection; requirements. 1. (a) (i) A peer- 5 to-peer car sharing program administrator shall not charge a separately 6 itemized fee solely for optional vehicle protection, except as follows: 7 (A) the fee charged by a peer-to-peer car sharing program administra- 8 tor shall represent the [program's] administrator's good-faith estimate 9 of a daily charge, as calculated by the [program] administrator, to 10 recover the actual, total annual expenses, incurred by the [program] 11 administrator, together with a commercially reasonable allowance for the 12 contractual risks assumed by the [program] administrator, for the 13 [program's] administrator's agreement with shared vehicle drivers to 14 contractually assume liability for all or part of any damage or loss to 15 the shared vehicle during the [care] car sharing period; 16 (B) if the total amount of optional vehicle protection fees collected 17 by a peer-to-peer car sharing program administrator under this section 18 in any calendar year exceeds the [program's] administrator's actual 19 costs, the [program] administrator shall: 20 (1) retain the excess amount; and 21 (2) adjust the estimated, average per day optional vehicle protection 22 fee for the following calendar year by a corresponding amount. 23 (ii) Nothing in this section shall prevent a peer-to-peer car sharing 24 program administrator from making adjustment to the optional vehicle 25 protection fee during the calendar year. 26 (b) A peer-to-peer car sharing program administrator shall not sell 27 optional vehicle protection unless the shared vehicle driver or shared 28 vehicle owner agrees to the purchase of such protection in writing at or 29 prior to the time the peer-to-peer car sharing agreement is executed. 30 (c) A peer-to-peer car sharing program administrator shall not void 31 optional vehicle protection contractually assumed from the shared vehi- 32 cle owner except for one or more of the following reasons: 33 (i) the damage or loss is caused intentionally or as a result of will- 34 ful, wanton, or reckless conduct of the shared vehicle driver; 35 (ii) the damage or loss arises out of the shared vehicle driver's use 36 or operation of the shared vehicle while intoxicated or unlawfully 37 impaired by the use of alcohol or drugs; 38 (iii) the peer-to-peer car sharing program administrator entered into 39 the peer-to-peer car sharing agreement based on fraudulent or materially 40 false information supplied by the shared vehicle driver; 41 (iv) the damage or loss arises out of the use or operation of the 42 shared vehicle while engaged in the commission of a crime other than a 43 traffic infraction; 44 (v) the damage or loss arises out of the use or operation of the 45 shared vehicle to carry persons or property for hire, as a transporta- 46 tion network company or TNC vehicle as defined in article forty-four-B 47 of the vehicle and traffic law, to push or tow anything, while engaged 48 in a speed contest, operating off-road, or for driver's training; 49 (vi) the damage or loss arises out of the use or operation of the 50 shared vehicle by a person other than: (1) the shared vehicle driver; 51 (2) the shared vehicle driver's spouse, child over the age of eighteen 52 or a parent or parent-in-law of the shared vehicle driver, provided such 53 spouse, child, parent or parent-in-law is properly licensed to operate a 54 motor vehicle and resides in the same household as the shared vehicle 55 driver; [or] (3) a parking valet or parking garage attendant for compen- 56 sation and in the normal course of employment; (4) any person who usesS. 7838 22 1 or operates the motor vehicle through a program during an emergency 2 situation to a medical facility; or (5) any person licensed to drive who 3 expressly is authorized to use or operate the motor vehicle by both the 4 shared vehicle owner and the peer-to-peer car sharing agreement; 5 (vii) the damage or loss arises out of the use or operation of the 6 shared vehicle outside of the United States when that use or operation 7 is not specifically authorized by the peer-to-peer car sharing agree- 8 ment; or 9 (viii) the shared vehicle driver or his or her spouse, child over the 10 age of eighteen or a parent or parent-in-law of the shared vehicle driv- 11 er have failed to comply with the requirements for reporting damage or 12 loss as set forth in subdivision [five] four of this section; 13 (ix) the shared vehicle owner knowingly provided erroneous or inaccu- 14 rate information to the peer-to-peer car sharing program administrator 15 in connection with any reservation for which the shared vehicle owner 16 has agreed that the peer-to-peer car sharing program will contractually 17 assume the risk of loss for physical damage to the shared vehicle; 18 (x) the shared vehicle owner fails to submit a claim for physical 19 damage in accordance with the terms and conditions of the peer-to-peer 20 car sharing program agreement; or 21 (xi) where the shared vehicle owner fails to make the shared vehicle 22 available for inspection when a shared vehicle driver or the shared 23 vehicle driver's insurer requests to inspect the shared vehicle in 24 accordance with this article. 25 (d) A shared vehicle driver may void optional vehicle protection prior 26 to the beginning of the car sharing period within twenty-four hours of 27 purchase provided that the [customer] shared vehicle driver: (i) has 28 entered into a peer-to-peer car sharing agreement with a term of two or 29 more days; (ii) appears in person before the shared vehicle owner 30 together with the shared vehicle that shall be subject to inspection; 31 and (iii) signs a cancellation form provided by the peer-to-peer car 32 sharing program administrator. 33 (e) After twenty-four hours of purchase, a [customer] shared vehicle 34 driver may prospectively terminate optional vehicle protection prior to 35 the beginning of the car sharing period, provided the [customer] shared 36 vehicle driver: (i) appears in person before the shared vehicle owner 37 together with the shared vehicle that shall be subject to inspection; 38 (ii) voids the optional vehicle protection in writing; and (iii) pays 39 the optional vehicle protection charge for any full or partial day or 40 portion of a day during which the optional vehicle protection was in 41 effect. 42 2. Subject to the provisions of subdivisions six, seven, and eight of 43 this section, a peer-to-peer car sharing program administrator may hold 44 a shared vehicle driver liable for actual damage to, or loss of, a 45 shared vehicle, provided that: 46 (a) any claim for such damage shall be based on a physical inspection 47 and shall be made upon the return of such shared vehicle; and 48 (b) any charge for repair of such damage shall be limited to actual 49 and reasonable costs and shall be assessed and billed separately and 50 apart from the peer-to-peer car sharing agreement. 51 3. (a) Any peer-to-peer car sharing program [which] administrator that 52 states or permits to be stated the costs of a shared vehicle in any 53 advertisement shall state conspicuously, in plain language and in 54 conjunction with the advertised cost of the shared vehicle and the daily 55 rate of the applicable optional vehicle protection, that the rate 56 constitutes an additional daily charge to the shared vehicle driver,S. 7838 23 1 that the purchase of such protection is optional, if such rate can be 2 ascertained at the time of purchase and that prospective shared vehicle 3 drivers should examine their credit card protections and [automobile] 4 motor vehicle insurance policies for coverage. 5 (b) Where a written advertisement, including all print media, contains 6 the statement of the cost of the shared vehicle, the disclosure required 7 by this section shall be printed in type no less than size twelve-point 8 font. 9 (c) When the website of a peer-to-peer car sharing program administra- 10 tor or the video presentation of a television or internet advertisement 11 by such peer-to-peer car sharing program administrator contains the 12 written statement of the cost of a shared vehicle, the depiction of such 13 cost of the optional vehicle protection shall be clear and conspicuous. 14 (d) When a radio advertisement or the audio presentation of a tele- 15 vision advertisement contains the statement of the cost of a shared 16 vehicle, the oral statement of such cost shall immediately be accompa- 17 nied by an oral statement of the cost of the optional vehicle protection 18 if offered as a separately itemized product. 19 (e) When a telephone, internet or other inquiry for the cost of a 20 shared vehicle is made to a peer-to-peer car sharing program [which] 21 administrator that involves an interaction with a representative of a 22 peer-to-peer car sharing program administrator, the representative of 23 such peer-to-peer car sharing program administrator shall, in response 24 to the inquiry, advise that additional optional products that may be 25 offered by such peer-to-peer car sharing program administrator shall not 26 be included in the daily rate. If an inquiry is made regarding optional 27 vehicle protection, the representative shall provide the cost of the 28 optional vehicle protection and state that the purchase of such 29 protection is optional and that the shared vehicle driver's personal 30 [automobile] motor vehicle insurance or credit card may provide cover- 31 age. 32 (f) Any peer-to-peer car sharing program administrator that offers 33 optional vehicle protection to a shared vehicle driver shall disclose to 34 such [person] driver the following information on its website: 35 "NOTICE: THE FOLLOWING IS A GENERAL SUMMARY OF SHARED DRIVERS' RIGHTS 36 AND OBLIGATIONS. FOR COMPLETE DETAILS, REFER TO THE PEER-TO-PEER CAR 37 SHARING AGREEMENT. OPTIONAL VEHICLE PROTECTION (OVP): This contract 38 offers, for an additional charge, OVP to cover your financial responsi- 39 bility for damage or loss to the shared vehicle. OVP is also commonly 40 referred to as a "collision damage waiver". The purchase of OVP is 41 optional and may be declined. Before deciding whether to purchase OVP, 42 you may wish to determine whether your credit card, or the motor vehicle 43 insurance maintained by yourself or someone in your household, affords 44 you any coverage for damage to the shared vehicle, and the amount of 45 deductible under any such coverage. OVP - WHEN VOID: OVP is void and 46 shall not apply to the following situations: 47 1. If the damage or loss is caused as a result of the shared vehicle 48 driver's intentional acts; willful, wanton, or reckless conduct of the 49 driver; or the use or operation of the shared vehicle while intoxicated 50 or unlawfully impaired by the use of alcohol or drugs; 51 2. The peer-to-peer car sharing program administrator entered into the 52 peer-to-peer sharing agreement based on fraudulent or materially false 53 information supplied by the shared vehicle driver; 54 3. The damage or loss arises out of the use or operation of the shared 55 vehicle:S. 7838 24 1 (a) while engaged in the commission of a crime, other than a traffic 2 infraction; 3 (b) to carry persons or property for hire, as a transportation network 4 company or TNC vehicle as defined in article forty-four-B of the vehicle 5 and traffic law, to push or tow anything, while engaged in a speed 6 contest, operating off road, or for driver's training; 7 (c) by a person other than: (1) the shared vehicle driver; (2) the 8 shared vehicle driver's spouse, child over the age of eighteen or a 9 parent or parent-in-law of the shared vehicle driver, provided such 10 spouse, child, parent or parent-in-law is properly licensed to operate a 11 motor vehicle and resides in the same household as the shared vehicle 12 driver; [or] (3) a parking valet or parking garage attendant for compen- 13 sation and in the normal course of employment; (4) any person who uses 14 or operates the motor vehicle through a program during an emergency 15 situation to a medical facility; or (5) any person licensed to drive who 16 expressly is authorized to use or operate the motor vehicle by both the 17 shared vehicle owner and the peer-to-peer car sharing agreement; 18 (d) outside of the [continental] United States when not specifically 19 authorized by the peer-to-peer car sharing agreement; 20 (e) where the shared vehicle driver, or his or her spouse, child over 21 the age of eighteen or a parent or parent-in-law of such shared vehicle 22 driver failed to comply with the requirements for reporting damage or 23 loss as set forth in law. OVP - DAMAGE REPORTING REQUIREMENTS: If the 24 shared vehicle sustains damage or loss, the shared vehicle driver is 25 required to complete and return an incident report notice to the peer- 26 to-peer car sharing program administrator. OVP - RIGHT TO INSPECT VEHI- 27 CLE DAMAGES: The shared vehicle driver and his or her insurer have the 28 right to request an inspection of the shared vehicle damages within 29 seventy-two hours of the return of the vehicle. Failure of the shared 30 vehicle driver or his or her insurer to request such inspection within 31 seventy-two hours of return shall be deemed a waiver of such person or 32 entity's right to inspect the damaged vehicle. THEFT OF THE SHARED VEHI- 33 CLE: If the shared vehicle is stolen during the term of a peer-to-peer 34 car sharing agreement, a shared vehicle driver must report the theft of 35 the shared vehicle to the peer-to-peer car sharing program administrator 36 and a law enforcement agency within twelve hours of learning of such 37 theft." 38 (f) The following disclosure notice shall be made on the face of the 39 peer-to-peer car sharing agreement either by stamp, label or as part of 40 the written contract or on any other written document provided to the 41 shared vehicle driver upon execution of such contract, and shall be set 42 apart in boldface type and in no smaller print than twelve-point font: 43 "NOTICE: This agreement offers, for an additional charge, optional vehi- 44 cle protection to cover your financial responsibility for damage or loss 45 to the shared vehicle. The purchase of optional vehicle protection is 46 optional and may be declined. You are advised to carefully consider 47 whether to purchase this protection if you have coverage provided by 48 your credit card or [automobile] motor vehicle insurance policy that 49 will cover the shared vehicle. Before deciding whether to purchase 50 optional vehicle protection, you may wish to determine whether your 51 credit card or your motor vehicle insurance affords you coverage for 52 damage to the shared vehicle and the amount of deductible under such 53 coverage." 54 (g) The peer-to-peer car sharing agreement shall also include in bold- 55 face type and in no smaller print than twelve-point font and, in plain 56 language, the conditions and exclusions set forth in paragraph (c) ofS. 7838 25 1 subdivision one of this section. Upon identification by the shared vehi- 2 cle owner or the peer-to-peer car sharing program administrator of 3 damage to the shared vehicle, such peer-to-peer car sharing program 4 administrator shall inform such shared vehicle driver of his or her 5 right to inspect the vehicle, and the procedures and time-frames for 6 doing so, pursuant to paragraphs (b) and (c) of subdivision five of this 7 section. 8 4. (a) Upon identification of damage by the shared vehicle owner or 9 peer-to-peer car sharing program administrator at the time of return of 10 the shared vehicle, termination of the peer-to-peer car sharing agree- 11 ment, or within ten days if an inspection for damage is precluded 12 because the shared vehicle is returned by automation, returned after- 13 hours, or recovered by the shared vehicle owner or peer-to-peer car 14 sharing program administrator, the peer-to-peer car sharing program 15 administrator shall furnish an incident report form and a notice, pursu- 16 ant to this subdivision, of the obligation of the shared vehicle driver 17 to execute and return to the peer-to-peer car sharing program adminis- 18 trator a complete and accurate incident report describing any physical 19 and/or mechanical damage. If the shared vehicle is returned by auto- 20 mation, returned after-hours, or recovered by the shared vehicle owner 21 or peer-to-peer car sharing program administrator, such incident report 22 form and notice shall be mailed by overnight delivery service or certi- 23 fied mail, return receipt requested, and another copy of such notifica- 24 tion shall be sent by regular mail. The peer-to-peer car sharing program 25 administrator shall retain a copy of such notice and the certified mail 26 return receipt for a period of six years. 27 (b) Within seventy-two hours of receipt of the incident report form 28 and notice, either the shared vehicle driver or his or her insurer shall 29 notify or send notice to the peer-to-peer car sharing program adminis- 30 trator that either he, she, or the insurer wishes to inspect the damaged 31 vehicle. If the shared vehicle driver or his or her insurer does not 32 notify or send a request for this inspection within the seventy-two-hour 33 period, he, she, or the insurer shall be deemed to have waived such 34 right. 35 (c) If the shared vehicle driver shall decline or fail to complete and 36 return the incident report required pursuant to paragraph (a) of this 37 subdivision, the peer-to-peer car sharing program administrator shall, 38 no sooner than ten days after the mailing of notification pursuant to 39 such paragraph (a), mail another copy of the incident report together 40 with a letter stating that the shared vehicle driver has declined or 41 otherwise failed to complete and return the incident report. Such mail- 42 ing shall be by overnight delivery service or certified mail, return 43 receipt requested, and another copy of such notification by regular 44 mail, with proof of mailing by production of a certificate of mailing 45 from the post office. When a request to inspect the vehicle shall have 46 been timely made by the shared vehicle driver or his or her insurer, the 47 inspection shall be completed within seven days of such request. If the 48 peer-to-peer car sharing program administrator determines the damaged 49 vehicle to be a total loss and subject to salvage, such seventy-two hour 50 period for notification or waiver of the wish to inspect the damaged 51 vehicle shall not apply, and the shared vehicle driver or his or her 52 insurer shall have ten business days from the shared vehicle driver's 53 receipt of notification from the peer-to-peer car sharing program admin- 54 istrator pursuant to paragraph (a) of this subdivision to inspect the 55 damaged vehicle, which shall be made available by the shared vehicle 56 owner. Within the limits provided in this paragraph, the peer-to-peerS. 7838 26 1 car sharing program administrator shall identify the repairer of, and 2 provide access to, the damaged vehicle, in order to verify the nature 3 and extent of damages, repairs and repair costs, and/or repair esti- 4 mates. 5 (d) All notices shall be mailed to the address of the shared vehicle 6 driver as stated on his or her license, or other address as designated 7 by him or her in the peer-to-peer car sharing agreement. 8 (e) The shared vehicle driver shall complete and return the incident 9 report required by paragraph (a) of this subdivision within ten days of 10 the receipt of the notice required by such paragraph. 11 (f) The notice required by this subdivision shall be in at least 12 twelve-point bold face type and shall contain the statement: "Failure to 13 completely and accurately fill out and return an incident report within 14 ten days of receipt of this notice may make the shared vehicle driver 15 liable for damages sustained to the shared vehicle. Except where the 16 damaged vehicle is determined to be a total loss and subject to salvage, 17 the shared vehicle driver or his or her insurer has seventy-two hours 18 from the return or recovery of the vehicle to notify the peer-to-peer 19 car sharing program administrator that he or she wishes to inspect the 20 damaged vehicle. The inspection shall be completed within seven business 21 days of the request to inspect the shared vehicle. If the peer-to-peer 22 car sharing program administrator does not receive notification from the 23 shared vehicle driver or his or her insurer requesting such inspection 24 within the seventy-two-hour period, the shared vehicle driver and his or 25 her insurer will be deemed to have waived this right. If the peer-to- 26 peer car sharing program administrator determines the damaged vehicle to 27 be a total loss and subject to salvage, such seventy-two-hour period for 28 notification or waiver of the wish to inspect the damaged vehicle shall 29 not apply, and such right to inspect the damaged vehicle shall expire 30 ten business days from the shared vehicle driver's receipt of this 31 notice from the peer-to-peer car sharing company program administrator. 32 Upon request of the shared vehicle driver or his or her insurer, we will 33 provide a copy of the professional estimate of the costs of repairing 34 the damaged motor vehicle." Information that is provided in response to 35 a request by a peer-to-peer car sharing program administrator, but that 36 is not provided on an incident report form, shall satisfy any reporting 37 obligation of a shared vehicle driver if such response substantially 38 complies with the applicable requirements of this section. If additional 39 information is reasonably required by the peer-to-peer car sharing 40 program administrator in order to adjust any claim of loss, same shall 41 be requested of the shared vehicle driver as soon as reasonably practi- 42 cable, who shall respond to same as soon as reasonably practicable. 43 (g) (i) For purposes of this subdivision, each of the following shall 44 constitute an "incident report form": 45 (A) a motor vehicle accident report pursuant to section six hundred 46 five of the vehicle and traffic law; or 47 (B) any similar appropriate form furnished by the peer-to-peer car 48 sharing program administrator. 49 (ii) An incident report form described in clause (B) of subparagraph 50 (i) of this paragraph: 51 (A) shall be sent or given to a shared vehicle driver with a request 52 that he or she provide information pursuant to this section concerning 53 damage to a vehicle possessed by a shared vehicle driver; and 54 (B) such form may also be made available as a fill-in form on the 55 peer-to-peer car sharing [program's] program administrator's website, 56 and the shared vehicle driver shall be advised of the availability ofS. 7838 27 1 such web-based fill-in form when a request for incident information is 2 made pursuant to this subdivision. 3 (h) If the shared vehicle driver is physically incapable of completing 4 the report, the requirements of this subdivision shall lapse until after 5 he or she is able to complete the report and is notified that he or she 6 shall complete and return the report as required by paragraph (b) of 7 this subdivision. 8 (i) The peer-to-peer car sharing program administrator shall, at least 9 twenty days prior to commencing an action against the shared vehicle 10 driver, provide him or her an additional opportunity to complete and 11 submit the incident report by providing a second notice, along with 12 another incident report form, by certified mail, return receipt 13 requested, and another copy of such notice and report form by regular 14 mail, with proof of mailing by production of a certificate of mailing. 15 If such shared vehicle driver sends the peer-to-peer car sharing program 16 administrator a completed incident report within fifteen days of the 17 receipt of the notice, the provisions of this subdivision shall be 18 deemed satisfied. 19 5. (a) A peer-to-peer car sharing program administrator may hold a 20 shared vehicle driver liable to the extent permitted under this [chap-21ter] section for physical or mechanical damage to the shared vehicle 22 that occurs during the time the shared vehicle is used or operated under 23 the peer-to-peer car sharing agreement; provided, however, that a shared 24 vehicle driver shall not be liable for any normal wear and tear or 25 mechanical damage that could reasonably be expected from normal use or 26 operation of the vehicle. For the purposes of this subdivision, the term 27 "normal wear and tear" shall mean the deterioration of the condition of 28 the vehicle or its component parts due to repetitive use and does not 29 include damage that materially diminishes the value of the vehicle and 30 arises from a specific occurrence or accident during the time the shared 31 vehicle is subject to the peer-to-peer car sharing agreement; and the 32 term "actual and reasonable costs" shall mean the cost to repair the 33 shared vehicle including all discounts and price adjustments available 34 to the peer-to-peer car sharing program administrator and shall include 35 costs for towing, storage, and impound fees where applicable. 36 (b) The total liability of a shared vehicle driver under paragraph (a) 37 of this subdivision for damage to a shared vehicle shall not exceed the 38 lesser of: 39 (i) the actual and reasonable costs that the peer-to-peer car sharing 40 program administrator incurred to repair the motor vehicle or that the 41 peer-to-peer car sharing program administrator would have incurred if 42 the motor vehicle had been repaired, which shall reflect any discounts, 43 price reductions, or adjustments available to the peer-to-peer car shar- 44 ing program administrator; or 45 (ii) the fair market value of the shared vehicle immediately before 46 the damage occurred, as determined in the applicable market for the 47 retail sale of the shared vehicle, less any net disposal proceeds. 48 (c) The total liability of a shared vehicle driver under paragraph (a) 49 of this subdivision for loss of a shared vehicle shall not exceed 50 reasonable costs incurred by the peer-to-peer car sharing program admin- 51 istrator for such loss due to theft of such shared vehicle up to its 52 fair market value, as determined by the applicable market for the retail 53 sale of such vehicle if it is established that such shared vehicle driv- 54 er committed, or aided or abetted in the commission of, the theft of 55 such shared vehicle.S. 7838 28 1 (d) Damages incurred for the loss of use or operation of a shared 2 vehicle and related administrative fees shall not be recovered from any 3 shared vehicle driver or his or her insurer. 4 (e) A peer-to-peer car sharing program administrator shall not hold a 5 shared vehicle driver liable for any amounts that the peer-to-peer car 6 sharing program administrator recovers from any other party. 7 (f) A peer-to-peer car sharing program administrator shall not collect 8 or attempt to collect the amount described in paragraph (b) of this 9 subdivision unless the peer-to-peer car sharing program administrator: 10 (i) obtains an estimate from a repair company or an appraiser in the 11 business of providing such appraisals regarding the cost of repairing 12 such shared vehicle; 13 (ii) provides a copy of such estimate and photographic evidence upon 14 request to such shared vehicle driver, as applicable who shall be liable 15 under paragraph (a) of this subdivision, and the insurer of such shared 16 vehicle driver; and 17 (iii) submits a copy of such estimate with any claim to collect the 18 amount described in paragraph (b) of this subdivision. 19 (g) A claim against a shared vehicle driver resulting from damage or 20 loss to a shared vehicle shall be reasonable and reflect the value of 21 the actual damage or loss incurred. A peer-to-peer car sharing program 22 administrator shall mitigate damages where possible and shall not assert 23 or collect any claim for physical damage which exceeds the amount 24 authorized under paragraph (b) of this subdivision. 25 (h) If insurance coverage exists under an applicable insurance policy 26 of the shared vehicle driver [of a shared vehicle], such driver may 27 require that the peer-to-peer car sharing program administrator submit 28 any claims to such driver's insurance carrier. Upon the request of a 29 shared vehicle driver, the peer-to-peer car sharing program administra- 30 tor shall submit any claims to such driver's insurance carrier and shall 31 not make any written or oral representations to the contrary, nor shall 32 it make any written or oral representations that it shall not negotiate 33 with such driver's insurance carrier. 34 6. (a) No peer-to-peer car sharing program administrator shall collect 35 or charge any security deposit by credit card, debit card or otherwise, 36 for damages to a shared vehicle or report the debt to any consumer 37 reporting agency, as defined in subdivision (e) of section three hundred 38 eighty-a of this chapter, during the term of the peer-to-peer car shar- 39 ing program agreement, pending resolution of any dispute, or prior to 40 obtaining judgment in a court of competent jurisdiction. 41 (b) No peer-to-peer car sharing program administrator shall require a 42 deposit or an advance charge against the credit card or debit card of a 43 shared vehicle driver, in any form, for damages to a shared vehicle 44 which is in the shared vehicle driver's possession or control. 45 (c) No peer-to-peer car sharing program administrator shall collect or 46 charge any payment from a shared vehicle driver for damage to a shared 47 vehicle upon return or recovery of such vehicle in a damaged condition, 48 until after the cost of the damage to such vehicle and liability there- 49 for is agreed to between such peer-to-peer car sharing program adminis- 50 trator and a shared vehicle driver or his or her insurer, or is deter- 51 mined pursuant to law or peer-to-peer car sharing program agreement 52 provisions consistent with law and the rights and obligations set forth 53 in this section, unless there is proof corroborating that the damage did 54 not exist prior to the reservation and the damage is appraised by an 55 independent third-party appraiser; provided, however, that a peer-to- 56 peer car sharing program administrator is not precluded from presentingS. 7838 29 1 a claim to a shared vehicle driver and his or her insurer pursuant to 2 other provisions of this section. 3 (d) Causes of action concerning the existence of, liability for, and 4 extent and cost of damage to such vehicle shall, where appropriate, be 5 commenced by a peer-to-peer car sharing program administrator in a court 6 of competent jurisdiction, in accordance with the limitations and juris- 7 diction of the appropriate court act, provided the claimant has first 8 mailed a demand letter. A demand letter sent by the peer-to-peer car 9 sharing program administrator pursuant to this paragraph shall contain: 10 (i) the name and post office address of such peer-to-peer car sharing 11 program administrator, and of its attorney, if any; (ii) the nature of 12 such claim; (iii) the time when, the place where and the manner in which 13 such claim arose, if known, or if not known, the time when and place 14 where the damage was discovered by the shared vehicle owner or peer-to- 15 peer car sharing program administrator; and (iv) the items of damage or 16 injuries claimed to have been sustained, accompanied by supporting 17 documentation, such as repair bills, invoices and estimates in the 18 possession of or available to such peer-to-peer car sharing program 19 administrator. Such demand letter shall be served upon such shared vehi- 20 cle driver and his or her insurer in a manner reasonably designed to 21 give actual notice, via regular and certified mail, return receipt 22 requested. Nothing contained herein shall prohibit a peer-to-peer car 23 sharing program administrator and a shared vehicle driver or his or her 24 insurer from entering into an agreement after a claim of loss to submit 25 the matter to arbitration or mediation. 26 7. No peer-to-peer car sharing program administrator shall hold any 27 shared vehicle driver liable for any damage to, or loss of, a shared 28 vehicle, as provided by this section, unless such peer-to-peer car shar- 29 ing program prominently discloses, in the peer-to-peer car sharing 30 agreement, in at least twelve point bold face display, the nature and 31 extent of such liability and such driver's rights and responsibilities 32 pursuant to paragraph (c) of subdivision one of this section and para- 33 graph (f) of subdivision three of this section. 34 8. A shared vehicle driver shall provide notice to the peer-to-peer 35 car sharing [platform] program administrator and appropriate law 36 enforcement agency immediately upon learning of the theft of a shared 37 vehicle. 38 § 914. Geographical discrimination prohibited. It shall be unlawful 39 for any peer-to-peer car sharing program administrator to engage in any 40 of the following practices solely on the basis of the geographical 41 location of the residence of a New York state resident attempting to 42 enter into a peer-to-peer car sharing agreement: 43 1. refusing to allow participation in such peer-to-peer car sharing 44 program provided, however, that a peer-to-peer car sharing program 45 administrator may designate geographical boundaries where a car sharing 46 start time or termination time occurs; 47 2. imposing any additional charge for peer-to-peer car sharing of a 48 shared vehicle; or 49 3. imposing any additional terms, conditions or privileges upon such 50 peer-to-peer car sharing of a shared vehicle. 51 § 915. Global positioning systems. A peer-to-peer car sharing program 52 administrator shall not use information from any global positioning 53 system technology to determine or impose any costs, fees, charges, or 54 penalties on a shared vehicle driver for such driver's use of a shared 55 vehicle. The use of global positioning technology shall not limit the 56 right of such peer-to-peer car sharing program administrator to imposeS. 7838 30 1 costs, fees, charges, or penalties to recover a vehicle that is lost, 2 misplaced, or stolen. The provisions of this subdivision shall not be 3 construed to modify or supersede any other provision of law. 4 § 916. Notice. In accordance with any applicable federal law or rule, 5 every peer-to-peer car sharing program shall display the following 6 notice prominently and in a clear and conspicuous location on its 7 website, with lettering that is legible: "NOTICE: New York State Law 8 prohibits the following practices by peer-to-peer car sharing [programs] 9 program administrators based upon race, color, ethnic origin, religion, 10 disability, sex, marital status, residence or geographic location, 11 income, sexual orientation, genetic predisposition or age: (1) refusal 12 to allow participation in a peer-to-peer car sharing program; and (2) 13 the imposition of any additional charge (except in certain instances 14 where the shared vehicle driver is under the age of 25). In addition, it 15 is unlawful for any peer-to-peer car sharing program administrator to 16 refuse to allow participation in the program to any person solely on the 17 requirement of ownership of a credit card." 18 § 917. Electronic notice authorized. 1. Notwithstanding any other 19 provision of this article, and the peer-to-peer car sharing act, includ- 20 ing, without limitation, sections two thousand three hundred five, three 21 thousand four hundred fifty-nine, three thousand four hundred sixty, and 22 five thousand one hundred six of the insurance law, any notice, state- 23 ment, certificate, or disclosure of general applicability required to be 24 provided, delivered, posted, or otherwise made available by a peer-to- 25 peer car sharing program administrator pursuant to any provision of this 26 article, and the peer-to-peer car sharing act, including, without limi- 27 tation, sections two thousand three hundred five, three thousand four 28 hundred fifty-nine, three thousand four hundred sixty, and five thousand 29 one hundred six of the insurance law, shall also be deemed timely and 30 effectively made where such notice, statement, certificate or disclosure 31 is provided or delivered electronically to the shared vehicle owner 32 and/or driver at or before the time required, provided that such shared 33 vehicle owner and/or driver has given his or her express consent to 34 receive such notice or disclosure in such a manner. 35 2. Electronic or written acceptance shall hereby be deemed a valid 36 form of acceptance of any such notice, statement, certificate, or 37 disclosure, and acceptance shall remain effective until such time as 38 acceptance is affirmatively withdrawn by such shared vehicle driver. 39 Notices, statements, certificates, and disclosures made electronically 40 pursuant to this subdivision shall be exempt from any placement or styl- 41 istic display requirements, including but not limited to location, font 42 size, typeset, or other specifically stated description; provided such 43 disclosure is made in a clear and conspicuous manner. 44 § 918. Airport transactions. If an airport operator, including but not 45 limited to the public authority responsible for regulating commerce at 46 such airport within [the] this state, requests that a peer-to-peer car 47 sharing program administrator enter into an airport concession agree- 48 ment, such peer-to-peer car sharing program shall enter into a written 49 agreement, where the peer-to-peer car sharing program administrator or 50 shared vehicle owner uses the program to: 51 1. list vehicles parked on airport property or at airport facilities; 52 2. contract for transportation to or from airport property or airport 53 facilities; 54 3. facilitate the use of a shared vehicle to transport airport passen- 55 gers on or off airport property; orS. 7838 31 1 4. promote or market a shared vehicle to transport airport passengers 2 on or off airport property. 3 § 10. Article 29-D of the tax law, as added by a chapter of the laws 4 of 2021 amending the insurance law, the tax law and the vehicle and 5 traffic law relating to enacting the peer-to-peer car sharing program 6 act, as proposed in legislative bills number S. 6715 and A. 2349-A, is 7 REPEALED and a new article 28-D is added to read as follows: 8 ARTICLE 28-D 9 SPECIAL TAX ON PEER-TO-PEER CAR SHARING 10 Section 1190. Definitions. 11 1191. Imposition of state-wide peer-to-peer tax. 12 1192. Imposition of metropolitan commuter transportation 13 district tax. 14 1193. Imposition of regional transportation tax. 15 1194. Collection of tax. 16 1195. Presumption. 17 1196. Administrative provisions. 18 1197. Deposit and disposition of revenue. 19 § 1190. Definitions. Terms used in this article shall have the same 20 meaning as in section nine hundred of the general business law unless 21 expressly provided otherwise. For purposes of this article, the follow- 22 ing terms shall have the following meanings: 23 (a) "Gross receipts paid by the shared vehicle driver" means all 24 consideration paid or contracted to be paid by a shared vehicle driver 25 for use of a shared vehicle, including optional charges and fees, except 26 for separately stated charges for taxes and government-imposed fees and 27 airport facility fees, imposed on the shared vehicle driver. 28 (b) "Peer-to-peer car sharing program administrator" shall mean the 29 corporation, partnership, firm, institution, sole proprietorship or 30 other entity or person that is responsible for operating, facilitating, 31 or administering the means, digital or otherwise, by which a business 32 platform facilitates a peer-to-peer car sharing program for financial 33 consideration. 34 § 1191. Imposition of state-wide peer-to-peer tax. (a) In addition to 35 any tax imposed under any other article of this chapter, there is hereby 36 imposed on every shared vehicle driver and there shall be paid a tax of 37 three percent of the gross receipts paid by the shared vehicle driver 38 for use of a shared vehicle when the transfer of possession of the 39 shared vehicle to the shared vehicle driver occurs in this state. 40 (b) Except to the extent that the transfer of a shared vehicle 41 described in subdivision (a) of this section has already been or will be 42 subject to the tax imposed under such subdivision and except as other- 43 wise exempted under this article, there is hereby imposed on every 44 shared vehicle driver and there shall be paid a use tax for the use 45 within this state of any shared vehicle by the shared vehicle driver. 46 For purposes of this subdivision, the tax shall be at the rate of three 47 percent of the gross receipts paid or contracted to be paid for such 48 shared vehicle. 49 § 1192. Imposition of metropolitan commuter transportation district 50 tax. (a) In addition to the statewide tax imposed under section eleven 51 hundred ninety-one of this article and in addition to any tax imposed 52 under any other article of this chapter, there is hereby imposed on 53 every shared vehicle driver and there shall be paid a metropolitan 54 commuter transportation district tax of three percent of the gross 55 receipts paid by the shared vehicle driver for the use of a shared vehi- 56 cle when the transfer of possession of the shared vehicle to the sharedS. 7838 32 1 vehicle driver occurs in the metropolitan commuter transportation 2 district as established by section twelve hundred sixty-two of the 3 public authorities law. 4 (b) Except to the extent that the transfer of a shared vehicle 5 described in subdivision (a) of this section, or section eleven hundred 6 ninety-three of this article, has already been or will be subject to the 7 tax imposed under such subdivision or section and except as otherwise 8 exempted under this article, there is hereby imposed on every shared 9 vehicle driver and there shall be paid a use tax for the use within the 10 metropolitan commuter transportation district as established by section 11 twelve hundred sixty-two of the public authorities law of any shared 12 vehicle by the shared vehicle driver. For purposes of this subdivision, 13 the tax shall be at the rate of three percent of the gross receipts paid 14 or contracted to be paid for such shared vehicle. 15 § 1193. Imposition of regional transportation tax. (a) In addition to 16 the statewide tax imposed under section eleven hundred ninety-one of 17 this article and in addition to any tax imposed under any other article 18 of this chapter, there is hereby imposed on every shared vehicle driver 19 and there shall be paid a regional transportation tax of three percent 20 of the gross receipts paid by the shared vehicle driver for the use of a 21 shared vehicle when the transfer of possession of the shared vehicle to 22 the shared vehicle driver occurs anywhere in this state outside of the 23 metropolitan transportation district as established by section twelve 24 hundred sixty-two of the public authorities law. 25 (b) Except to the extent that the transfer of a shared vehicle 26 described in subdivision (a) of this section, or section eleven hundred 27 ninety-two of this article, has already been or will be subject to the 28 tax imposed under such subdivision or section and except as otherwise 29 exempted under this article, there is hereby imposed on every shared 30 vehicle driver and there shall be paid a use tax for the use in the 31 state outside the metropolitan commuter transportation district as 32 established by section twelve hundred sixty-two of the public authori- 33 ties law of any shared vehicle by the shared vehicle driver. For 34 purposes of this subdivision, the tax shall be at the rate of three 35 percent of the gross receipts paid or contracted to be paid for such 36 shared vehicle. 37 § 1194. Collection of tax. The peer-to-peer car sharing program admin- 38 istrator shall collect the tax from the shared vehicle driver when 39 collecting the gross receipts to which it applies. The tax shall be paid 40 to the peer-to-peer car sharing program administrator as trustee for and 41 on account of the state. 42 § 1195. Presumption. For the purpose of the proper administration of 43 this article and to prevent evasion of the tax imposed by this article, 44 it shall be presumed that every transfer of possession of a shared vehi- 45 cle to a shared vehicle driver anywhere in this state is subject to the 46 tax under this article. This presumption shall prevail until the contra- 47 ry is established. 48 § 1196. Administrative provisions. (a) Except as otherwise provided 49 for in this article, the taxes imposed by this article shall be adminis- 50 tered and collected in a like manner as and jointly with the taxes 51 imposed by sections eleven hundred five and eleven hundred ten of this 52 chapter. In addition, except as otherwise provided in this article, all 53 of the provisions of article twenty-eight of this chapter (except 54 sections eleven hundred seven, eleven hundred eight, eleven hundred 55 nine, and eleven hundred forty-eight) relating to or applicable to the 56 administration, collection and review of the taxes imposed by suchS. 7838 33 1 sections eleven hundred five and eleven hundred ten, including, but not 2 limited to, the provisions relating to definitions, returns, exemptions, 3 penalties, tax secrecy, personal liability for the tax, and collection 4 of tax from the customer, shall apply to the taxes imposed by this arti- 5 cle so far as such provisions can be made applicable to the taxes 6 imposed by this article with such limitations as set forth in this arti- 7 cle and such modifications as may be necessary in order to adapt such 8 language to the taxes so imposed. Such provisions shall apply with the 9 same force and effect as if the language of those provisions had been 10 set forth in full in this article except to the extent that any 11 provision is either inconsistent with a provision of this article or is 12 not relevant to the taxes imposed by this article. 13 (b) The tax imposed by this article is in lieu of and replaces any tax 14 as may be imposed under sections eleven hundred sixty, eleven hundred 15 sixty-six-a, and eleven hundred sixty-six-b of this chapter. 16 § 1197. Deposit and disposition of revenue. (a) All taxes, fees, 17 interest and penalties collected or received by the commissioner under 18 section eleven hundred ninety-one of this article shall be deposited and 19 disposed of pursuant to the provisions of section one hundred seventy- 20 one-a of this chapter. 21 (b) All taxes, fees, interest and penalties collected or received by 22 the commissioner under section eleven hundred ninety-two of this article 23 shall be deposited and disposed into the corporate transportation 24 account of the metropolitan transportation authority special assistance 25 fund established by section twelve hundred seventy-a of the public 26 authorities law, to be applied as provided in paragraph (e) of subdivi- 27 sion four of such section. 28 (c) All taxes, fees, interest and penalties collected or received by 29 the commissioner under section eleven hundred ninety-three of this arti- 30 cle shall be deposited and disposed into the public transportation 31 systems operating assistance account established by section eighty- 32 eight-a of the state finance law. 33 § 11. Subdivision 1 of section 171-a of the tax law, as amended by a 34 chapter of the laws of 2021 amending the insurance law, the general 35 business law, the tax law and the vehicle and traffic law relating to 36 enacting the peer-to-peer car sharing program act, as proposed in legis- 37 lative bills numbers S. 6715 and A. 2349-A, is amended to read as 38 follows: 39 1. All taxes, interest, penalties and fees collected or received by 40 the commissioner or the commissioner's duly authorized agent under arti- 41 cles nine (except section one hundred eighty-two-a thereof and except as 42 otherwise provided in section two hundred five thereof), nine-A, 43 twelve-A (except as otherwise provided in section two hundred eighty- 44 four-d thereof), thirteen, thirteen-A (except as otherwise provided in 45 section three hundred twelve thereof), eighteen, nineteen, twenty 46 (except as otherwise provided in section four hundred eighty-two there- 47 of), twenty-B, twenty-C, twenty-D, twenty-one, twenty-two, twenty-four, 48 twenty-four-A, twenty-six, twenty-eight (except as otherwise provided in 49 section eleven hundred two or eleven hundred three thereof), 50 twenty-eight-A, twenty-eight-D (except as otherwise provided in section 51 eleven hundred ninety-seven, twenty-nine-B, [twenty-nine-D (except as52otherwise provided in sections twelve hundred ninety-nine-L and twelve53hundred ninety-nine-M)], thirty-one (except as otherwise provided in 54 section fourteen hundred twenty-one thereof), thirty-three and 55 thirty-three-A of this chapter shall be deposited daily in one account 56 with such responsible banks, banking houses or trust companies as may beS. 7838 34 1 designated by the comptroller, to the credit of the comptroller. Such an 2 account may be established in one or more of such depositories. Such 3 deposits shall be kept separate and apart from all other money in the 4 possession of the comptroller. The comptroller shall require adequate 5 security from all such depositories. Of the total revenue collected or 6 received under such articles of this chapter, the comptroller shall 7 retain in the comptroller's hands such amount as the commissioner may 8 determine to be necessary for refunds or reimbursements under such arti- 9 cles of this chapter out of which amount the comptroller shall pay any 10 refunds or reimbursements to which taxpayers shall be entitled under the 11 provisions of such articles of this chapter. The commissioner and the 12 comptroller shall maintain a system of accounts showing the amount of 13 revenue collected or received from each of the taxes imposed by such 14 articles. The comptroller, after reserving the amount to pay such 15 refunds or reimbursements, shall, on or before the tenth day of each 16 month, pay into the state treasury to the credit of the general fund all 17 revenue deposited under this section during the preceding calendar month 18 and remaining to the comptroller's credit on the last day of such 19 preceding month, (i) except that the comptroller shall pay to the state 20 department of social services that amount of overpayments of tax imposed 21 by article twenty-two of this chapter and the interest on such amount 22 which is certified to the comptroller by the commissioner as the amount 23 to be credited against past-due support pursuant to subdivision six of 24 section one hundred seventy-one-c of this article, (ii) and except that 25 the comptroller shall pay to the New York state higher education 26 services corporation and the state university of New York or the city 27 university of New York respectively that amount of overpayments of tax 28 imposed by article twenty-two of this chapter and the interest on such 29 amount which is certified to the comptroller by the commissioner as the 30 amount to be credited against the amount of defaults in repayment of 31 guaranteed student loans and state university loans or city university 32 loans pursuant to subdivision five of section one hundred seventy-one-d 33 and subdivision six of section one hundred seventy-one-e of this arti- 34 cle, (iii) and except further that, notwithstanding any law, the comp- 35 troller shall credit to the revenue arrearage account, pursuant to 36 section ninety-one-a of the state finance law, that amount of overpay- 37 ment of tax imposed by article nine, nine-A, twenty-two, thirty, thir- 38 ty-A, thirty-B or thirty-three of this chapter, and any interest there- 39 on, which is certified to the comptroller by the commissioner as the 40 amount to be credited against a past-due legally enforceable debt owed 41 to a state agency pursuant to paragraph (a) of subdivision six of 42 section one hundred seventy-one-f of this article, provided, however, he 43 shall credit to the special offset fiduciary account, pursuant to 44 section ninety-one-c of the state finance law, any such amount credita- 45 ble as a liability as set forth in paragraph (b) of subdivision six of 46 section one hundred seventy-one-f of this article, (iv) and except 47 further that the comptroller shall pay to the city of New York that 48 amount of overpayment of tax imposed by article nine, nine-A, twenty- 49 two, thirty, thirty-A, thirty-B or thirty-three of this chapter and any 50 interest thereon that is certified to the comptroller by the commission- 51 er as the amount to be credited against city of New York tax warrant 52 judgment debt pursuant to section one hundred seventy-one-l of this 53 article, (v) and except further that the comptroller shall pay to a 54 non-obligated spouse that amount of overpayment of tax imposed by arti- 55 cle twenty-two of this chapter and the interest on such amount which has 56 been credited pursuant to section one hundred seventy-one-c, one hundredS. 7838 35 1 seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f or 2 one hundred seventy-one-l of this article and which is certified to the 3 comptroller by the commissioner as the amount due such non-obligated 4 spouse pursuant to paragraph six of subsection (b) of section six 5 hundred fifty-one of this chapter; and (vi) the comptroller shall deduct 6 a like amount which the comptroller shall pay into the treasury to the 7 credit of the general fund from amounts subsequently payable to the 8 department of social services, the state university of New York, the 9 city university of New York, or the higher education services corpo- 10 ration, or the revenue arrearage account or special offset fiduciary 11 account pursuant to section ninety-one-a or ninety-one-c of the state 12 finance law, as the case may be, whichever had been credited the amount 13 originally withheld from such overpayment, and (vii) with respect to 14 amounts originally withheld from such overpayment pursuant to section 15 one hundred seventy-one-l of this article and paid to the city of New 16 York, the comptroller shall collect a like amount from the city of New 17 York. 18 § 12. Subdivision (c) of section 1160 of the tax law, as added by a 19 chapter of the laws of 2021 amending the insurance law, the general 20 business law, the tax law and the vehicle and traffic law relating to 21 enacting the peer-to-peer car sharing program act, as proposed in legis- 22 lative bills numbers S. 6715 and A. 2349-A, is amended to read as 23 follows: 24 (c) The provisions of this section shall not apply to [a] peer-to-peer 25 car sharing [program] as defined in section nine hundred of the general 26 business law and which is subject to the [assessment fees] taxes set 27 forth in article [twenty-nine-D] twenty-eight-D of this chapter. 28 § 13. Subdivision (c) of section 1166-a of the tax law, as added by a 29 chapter of the laws of 2021 amending the insurance law, the general 30 business law, the tax law and the vehicle and traffic law relating to 31 enacting the peer-to-peer car sharing program act, as proposed in legis- 32 lative bills numbers S. 6715 and A. 2349-A, is amended to read as 33 follows: 34 (c) The provisions of this section shall not apply to [a] peer-to-peer 35 car sharing [program] as defined in section nine hundred of the general 36 business law and which is subject to the [assessment fees] taxes set 37 forth in article [twenty-nine-D] twenty-eight-D of this chapter. 38 § 14. Subdivision (c) of section 1166-b of the tax law, as added by a 39 chapter of the laws of 2021 amending the insurance law, the general 40 business law, the tax law and the vehicle and traffic law relating to 41 enacting the peer-to-peer car sharing program act, as proposed in legis- 42 lative bills numbers S. 6715 and A. 2349-A, is amended to read as 43 follows: 44 (c) The provisions of this section shall not apply to [a] peer-to-peer 45 car sharing [program] as defined in section nine hundred of the general 46 business law and which is subject to the [assessment fees] taxes set 47 forth in article [twenty-nine-D] twenty-eight-D of this chapter. 48 § 15. Section 14 of a chapter of the laws of 2021 amending the insur- 49 ance law, the general business law, the tax law and the vehicle and 50 traffic law relating to enacting the peer-to-peer car sharing program 51 act, as proposed in legislative bills numbers S. 6715 and A. 2349-A, is 52 amended to read as follows: 53 § 14. This act shall take effect on the [ninetieth] one hundred eight- 54 ieth day after it shall have become a law; provided, however, that 55 sections four, five, six, seven, eight and nine of this act shall take 56 effect on the first day of the sales tax quarter next succeeding the oneS. 7838 36 1 hundred eightieth day after this act shall have become a law. Effective 2 immediately, the addition, amendment and/or repeal of any rule or regu- 3 lation necessary for the implementation of this act on its effective 4 date are authorized to be made and completed on or before such effective 5 date. 6 § 16. This act shall take effect immediately, provided, however, 7 sections one, two, three, four, five, six, seven, eight, nine, ten, 8 eleven, twelve, thirteen and fourteen of this act shall take effect on 9 the same date and in the same manner as a chapter of the laws of 2021 10 amending the insurance law, the general business law, the tax law and 11 the vehicle and traffic law relating to enacting the peer-to-peer car 12 sharing program act, as proposed in legislative bills numbers S. 6715 13 and A. 2349-A, takes effect.
