STATE OF NEW YORK ________________________________________________________________________ 5113--A 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. ANDERSON, BURDICK, BORES, BICHOTTE HERMELYN, COLTON, CHANDLER-WATERMAN, DAVILA, DAIS, FITZPATRICK, LEE, OTIS, SEAWRIGHT, STECK, SHRESTHA, TAYLOR, WEPRIN, ZINERMAN, HYNDMAN -- read once and referred to the Committee on Insurance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the insurance law and the vehicle and traffic law, in relation to captive insurance for commuter vans, black cars, ambu- lettes and paratransit vehicles, and small school buses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The insurance law is amended by adding a new section 7013 2 to read as follows: 3 § 7013. Captive insurance for commuter vans, pre-arranged for-hire 4 vehicles, transportation network companies, and accessible vehicles. 5 (a) Notwithstanding any provisions to the contrary pursuant to 6 subsection (b) of section seven thousand three of this article, commuter 7 vans, pre-arranged for-hire vehicles, transportation network companies, 8 and accessible vehicles that are engaged in the business of carrying or 9 transporting passengers for hire may create a group captive insurance 10 company or companies. The superintendent shall implement: 11 (1) standards for enrollment of eligible commuter vans, pre-arranged 12 for-hire vehicles, transportation network companies, and accessible 13 vehicles including mechanisms for determining eligibility; and 14 (2) standards for monitoring the performance of such captive insurance 15 company or companies in providing affordable insurance coverage to 16 commuter vans, pre-arranged for-hire vehicles, transportation network 17 companies, and accessible vehicles pursuant to subsection (c) of this 18 section. 19 (b) For the purposes of this section, the following terms shall have 20 the following meanings: 21 (1) "Commuter van" shall mean a commuter van service having a seating 22 capacity of nine passengers but not more than twenty-four passengers or 23 such greater capacity as the superintendent may establish by rule and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06067-03-5
A. 5113--A 2 1 carrying passengers for hire. The term "commuter van" shall include, but 2 not be limited to, shuttles and transportation vans. 3 (2) "Pre-arranged for-hire vehicle" shall mean a motor vehicle that is 4 used in the business of transporting passengers for compensation on a 5 pre-arranged basis, and operated in such business under a license or 6 permit issued by a licensing jurisdiction. Such term shall include, but 7 not be limited to, small school buses pursuant to section one hundred 8 forty-two or sixteen hundred forty-two-a of the vehicle and traffic law. 9 The term "pre-arranged for-hire vehicle" shall apply to vehicles as 10 defined in this paragraph regardless of any other provision of local law 11 or rule defining or describing such vehicles by any other terms such as 12 school bus, charter bus, livery, taxi, black car, or luxury limousine. 13 (3) "Transportation network company" shall have the same meaning as 14 set forth in section sixteen hundred ninety-one of the vehicle and traf- 15 fic law. 16 (4) "Accessible vehicle" shall mean a vehicle that: 17 (A) complies with the accessibility requirements of the Americans with 18 Disabilities Act of 1990, as amended, and the regulations promulgated 19 thereunder; 20 (B) is equipped with a lift, ramp or any other device, arrangement or 21 alteration, so it is capable of transporting individuals who use wheel- 22 chairs, scooters, or other mobility aids while they remain seated in 23 their wheelchairs, scooters, or other mobility aids; 24 (C) is equipped with an assistive listening system for persons with 25 hearing impairments that is connected with any intercom, video or audio 26 system, when such a system is installed or designed and approved to 27 provide service to persons with disabilities; 28 (D) is equipped with standardized signs printed in: (i) braille; and 29 (ii) large-print text so that such signs are visible to persons with low 30 vision; 31 (E) provides sufficient floor space to accommodate a service animal; 32 (F) if powered by a hybrid-electric motor, is equipped with an appro- 33 priate device to enable persons who are blind to hear the approach of 34 the vehicle as readily as they can hear a conventional gasoline-powered 35 vehicle; 36 (G) shall include, but not be limited to, "ambulette" which shall have 37 the same meaning set forth in 17 NYCRR Part 720.8 or "paratransit" vehi- 38 cle which means a special-purpose vehicle, designed and equipped to 39 provide nonemergency transport, that has wheelchair-carrying capacity, 40 stretcher-carrying capacity, or the ability to carry disabled persons as 41 defined in section fifteen-b of the transportation law. 42 (c) Captive insurance companies created pursuant to this section shall 43 provide minimum limits and coverages as required by law. In addition, 44 all no fault insurance related to commuter vans, pre-arranged for-hire 45 vehicles, transportation network companies, and accessible vehicles 46 insured in this program will rely on the medical treatment guidelines 47 promulgated in existing workers' compensation law. 48 § 2. Subdivision 8 of section 1229-c of the vehicle and traffic law, 49 as added by chapter 365 of the laws of 1984, is amended to read as 50 follows: 51 8. Non-compliance with the provisions of this section shall [not] be 52 admissible as evidence in any civil action in a court of law in regard 53 to the issue of liability [but] and may be introduced into evidence in 54 mitigation of damages provided the party introducing said evidence has 55 pleaded such non-compliance as an affirmative defense. 56 § 3. This act shall take effect immediately.