STATE OF NEW YORK ________________________________________________________________________ 8432 IN SENATE January 29, 2024 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee 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. LBD09645-03-4S. 8432 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.