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A09099 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    February 7, 2024
        Introduced by M. of A. ANDERSON -- read once and referred to the Commit-
          tee on Insurance
        AN ACT to amend the insurance law, in relation to establishing a captive
          insurance  program for commuter vans, black cars, ambulettes and para-
          transit 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  program  for  commuter  vans,  pre-arranged
     4  for-hire  vehicles,  and  accessible  vehicles.   (a) The superintendent
     5  shall utilize and implement a captive  insurance  program  for  commuter
     6  vans,  pre-arranged  for-hire vehicles, and accessible vehicles that are
     7  engaged in the business of carrying or transporting passengers for hire.
     8  The program shall include, but shall not be limited to:
     9    (1) identifying and licensing a captive insurance company or companies
    10  to provide necessary insurance coverage to commuter  vans,  pre-arranged
    11  for-hire vehicles, and accessible vehicles;
    12    (2)  standards  for enrollment of eligible commuter vans, pre-arranged
    13  for-hire vehicles, and  accessible  vehicles  including  mechanisms  for
    14  determining eligibility; and
    15    (3) standards for monitoring the performance of such captive insurance
    16  company  or  companies  in  providing  affordable  insurance coverage to
    17  commuter vans, pre-arranged for-hire vehicles, and  accessible  vehicles
    18  participating in the program pursuant to subsection (c) of this 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
    24  carrying passengers for hire. The term "commuter van" shall include, but
    25  not be limited to, shuttles and transportation vans.
    26    (2) "pre-arranged for-hire vehicle" shall mean a motor vehicle that is
    27  used  in  the  business of transporting passengers for compensation on a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9099                             2
     1  pre-arranged basis, and operated in such business  under  a  license  or
     2  permit issued by a licensing jurisdiction.  Such term shall include, but
     3  not  be  limited  to, small school buses pursuant to section one hundred
     4  forty-two or sixteen hundred forty-two-a of the vehicle and traffic law.
     5  The  term  "pre-arranged  for-hire  vehicle"  shall apply to vehicles as
     6  defined in this paragraph regardless of any other provision of local law
     7  or rule defining or describing such vehicles by any other terms such  as
     8  school bus, charter bus, livery, taxi, black car, or luxury limousine.
     9    (3) "accessible vehicle" shall mean a vehicle that:
    10    (A) complies with the accessibility requirements of the Americans with
    11  Disabilities  Act  of  1990, as amended, and the regulations promulgated
    12  thereunder;
    13    (B) is equipped with a lift, ramp or any other device, arrangement  or
    14  alteration,  so it is capable of transporting individuals who use wheel-
    15  chairs, scooters, or other mobility aids while  they  remain  seated  in
    16  their wheelchairs, scooters, or other mobility aids;
    17    (C)  is  equipped  with an assistive listening system for persons with
    18  hearing impairments that is connected with any intercom, video or  audio
    19  system,  when  such  a  system  is installed or designed and approved to
    20  provide service to persons with disabilities;
    21    (D) is equipped with standardized signs printed in: (i)  braille;  and
    22  (ii) large-print text so that such signs are visible to persons with low
    23  vision;
    24    (E) provides sufficient floor space to accommodate a service animal;
    25    (F)  if powered by a hybrid-electric motor, is equipped with an appro-
    26  priate device to enable persons who are blind to hear  the  approach  of
    27  the  vehicle as readily as they can hear a conventional gasoline-powered
    28  vehicle;
    29    (G) shall include, but not be limited to, "ambulette" which shall have
    30  the same meaning set forth in 17 NYCRR Part 720.8 or "paratransit" vehi-
    31  cle which means a special-purpose  vehicle,  designed  and  equipped  to
    32  provide  nonemergency  transport, that has wheelchair-carrying capacity,
    33  stretcher-carrying capacity, or the ability to carry disabled persons as
    34  defined in section fifteen-b of the transportation law.
    35    (c) Insurance companies shall maintain requirements, including but not
    36  limited to: $500,000 combined  single  limits  (CSL);  $50,000  personal
    37  injury protection (PIP) (Basic); and  $25,000/$50,000 uninsured motorist
    38  coverage  (UM/UIM).    In  addition,  all  no fault insurance related to
    39  commuter vans, pre-arranged for-hire vehicles, and  accessible  vehicles
    40  insured  in  this  program will rely on the medical treatment guidelines
    41  promulgated in existing workers' compensation law.
    42    § 2. This act shall take effect immediately.
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