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A09568 Summary:

BILL NOA09568A
 
SAME ASNo Same As
 
SPONSORBerger
 
COSPNSR
 
MLTSPNSR
 
Add 391-ccc, Gen Bus L
 
Requires electric scooter service platforms to maintain liability insurance and provide proof of insurance.
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A09568 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9568--A
 
                   IN ASSEMBLY
 
                                    January 14, 2026
                                       ___________
 
        Introduced by M. of A. BERGER -- read once and referred to the Committee
          on  Transportation  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the general business law, in relation to requiring elec-
          tric scooter service platforms to maintain insurance coverage

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  391-ccc to read as follows:
     3    §  391-ccc.  Electric  scooter  service platform insurance. 1.   Defi-
     4  nitions. For the purposes of this article,  the  following  terms  shall
     5  have the following meanings:
     6    (a)  "Digital  network" means any electronic system or service offered
     7  or utilized by an electric scooter service platform that through the use
     8  of an app accessed through a  phone,  tablet,  computer,  or  a  digital
     9  token,  digital  key,  or  substantially similar technology, enables the
    10  unlocking, access, operation, docking, charging, and payment for use  of
    11  a scooter.
    12    (b)  "Electric  scooter service platform" means a person, corporation,
    13  partnership, sole proprietorship, or other entity operating in New  York
    14  state that owns, leases, or controls more than two electric scooters and
    15  provides  them  for  use by the public, where access to and operation of
    16  such scooters is through using a digital network.
    17    (c) "Trip" means the lawful operation of an electric scooter owned  or
    18  controlled  by  an  electric  scooter  service  platform,  subsequent to
    19  accessing such electric scooter through a digital network.
    20    2. Liability insurance. (a) No electric scooter, as defined in section
    21  one hundred fourteen-e of the vehicle and traffic law shall  be  offered
    22  for  use  through  an  electric  scooter  service  platform unless it is
    23  covered by a policy of insurance, in such language and form as shall  be
    24  determined  and established by the superintendent of financial services.
    25  An electric scooter service platform,  through  a  group  policy,  shall
    26  maintain  insurance that provides financial responsibility coverage upon
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14018-05-6

        A. 9568--A                          2
 
     1  the operator accessing a scooter through a digital network and  through-
     2  out the duration of the operator's trip.
     3    (b) Such policy shall offer coverage of no less than twenty-five thou-
     4  sand  dollars  per  occurrence  in the event of an accident involving an
     5  app-based electric scooter service platform vehicle. Such coverage shall
     6  be primary over any other coverage. It may be provided  individually  or
     7  on  a  group  basis by an authorized insurance company or through a duly
     8  licensed excess line broker.
     9    (c) Such policy shall provide  for  coverage  against  loss  from  the
    10  liability  imposed  by law for medical payments because of bodily injury
    11  to or death of any person; and injury  to  or  destruction  of  property
    12  arising out of the ownership, maintenance, use, or operation of an elec-
    13  tric scooter owned or controlled by an electric scooter service platform
    14  while  the  operator  has accessed an electric scooter through a digital
    15  network and throughout the duration of the operator's trip. Such  policy
    16  shall  not provide personal injury protection pursuant to article fifty-
    17  one of the insurance law.
    18    (d) Proof of insurance as required by this section shall  be  produced
    19  and  displayed  by an electric scooter service platform upon the request
    20  of any person having authority to enforce the provisions of  this  chap-
    21  ter.  The  failure  to  produce  such proof upon the request of any such
    22  person shall not be an offense but shall be  presumptive  evidence  that
    23  such electric scooter is being operated without having such insurance in
    24  force and effect.
    25    (e)  Proof  of insurance as required by this section shall be produced
    26  and displayed by the owner or operator of such electric scooter  to  any
    27  person  who  has  suffered  or  claims to have suffered either injury or
    28  property damage as a result of the operation of such  electric  scooter,
    29  if  such insurance coverage was required under the circumstances of such
    30  operation. It shall be an affirmative defense to any prosecution  for  a
    31  violation  of  this  subdivision  that  such  proof  was  so produced or
    32  displayed within twenty-four hours of receiving notice of such injury or
    33  damage, or the claim of such injury or damage.
    34    § 2. This act shall take effect on the one hundred eightieth day after
    35  it shall have become a law. Effective immediately, the addition,  amend-
    36  ment and/or repeal of any rule or regulation necessary for the implemen-
    37  tation  of  this act on its effective date are authorized to be made and
    38  completed on or before such effective date.
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