Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
5941--B
2025-2026 Regular Sessions
I N S E N A T E
March 4, 2025
___________
Introduced by Sens. SKOUFIS, ADDABBO, BAILEY, BASKIN, CLEARE, COMRIE,
COONEY, FERNANDEZ, GOUNARDES, GRIFFO, JACKSON, SCARCELLA-SPANTON --
read twice and ordered printed, and when printed to be committed to
the Committee on Insurance -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law and the insurance law, in
relation to requiring peer-to-peer car sharing programs provide
certain insurance coverage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 901 of the general business law,
as amended by chapter 129 of the laws of 2022, is amended to read as
follows:
2. A peer-to-peer car sharing program administrator, during each peer-
to-peer car sharing period for each shared vehicle that it facilitates
the use and operation of, shall maintain insurance that provides finan-
cial responsibility coverage as follows:
(a) provide insurance coverage that [satisfies] IS THREE TIMES the
financial responsibility requirements set forth in THE DEFINITION OF
"OWNERS' POLICY OF LIABILITY INSURANCE" IN SUBDIVISION FOUR OF SECTION
THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW;
(B) PROVIDE INSURANCE COVERAGE THAT SATISFIES THE FINANCIAL RESPONSI-
BILITY REQUIREMENTS SET FORTH IN section three thousand four hundred
twenty of the insurance law, article fifty-one of the insurance law and
such other requirements, rules or regulations that may apply for the
purposes of satisfying the financial responsibility requirements with
respect to the use or operation of a motor vehicle;
[(b) maintain additional insurance against loss from the liability
imposed by law for damages during the car sharing period, including
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10425-09-5
S. 5941--B 2
damages for care and loss of services, because of bodily injury to or
death of any person and injury to or destruction of property arising out
of the ownership, maintenance, use or operation of a specific personal
vehicle or vehicles within the state, or elsewhere in the United States
or Canada, subject to a limit, exclusive of interest and costs, with
respect to each such occurrence, of at least one million two hundred
fifty thousand dollars because of bodily injury to or death of any
person, and injury to or destruction of property;
(c) provide coverage in accordance with subsection (f) of section
three thousand four hundred twenty of the insurance law, providing
supplementary uninsured/underinsured motorist insurance for bodily inju-
ry, subject to a limit per occurrence in the amount of one million two
hundred fifty thousand dollars because of bodily injury or death of any
person;
(d)] (C) the insurance required under this subdivision need not be
coterminous with the registration period of the shared vehicle insured;
and
[(e)] (D) For purposes of article fifty-one of the insurance law, 11
NYCRR Part 65 and general liability claims, notice to the shared vehicle
owner, shared vehicle driver, peer-to-peer car sharing program adminis-
trator, or any insurer of the shared vehicle owner, shared vehicle driv-
er, or peer-to-peer car sharing program administrator of any claim shall
be deemed notice to all appropriate parties and insurers. Any shared
vehicle owner, shared vehicle driver, peer-to-peer car sharing program
administrator, or any insurer of the shared vehicle owner, shared vehi-
cle driver, or peer-to-peer car sharing program administrator receiving
such notice shall provide such notice to all appropriate parties.
§ 2. Section 901 of the general business law is amended by adding two
new subdivisions 8 and 9 to read as follows:
8. FOR EACH PEER-TO-PEER CAR SHARING PERIOD, A PEER-TO-PEER CAR SHAR-
ING PROGRAM ADMINISTRATOR SHALL:
(A) EITHER PROVIDE THE SHARED VEHICLE OWNER WITH ADDITIONAL LIABILITY
INSURANCE OR PROVIDE THE SHARED VEHICLE OWNER WITH THE OPPORTUNITY TO
PURCHASE ADDITIONAL LIABILITY INSURANCE PURSUANT TO SUBPARAGRAPH (A) OF
PARAGRAPH ONE OF SUBSECTION (D) OF SECTION TWO THOUSAND ONE HUNDRED
THIRTY-ONE OF THE INSURANCE LAW; AND
(B) EITHER PROVIDE THE SHARED VEHICLE DRIVER WITH ADDITIONAL LIABILITY
INSURANCE OR PROVIDE THE SHARED VEHICLE DRIVER WITH THE OPPORTUNITY TO
PURCHASE ADDITIONAL LIABILITY INSURANCE PURSUANT TO SUBPARAGRAPH (A) OF
PARAGRAPH ONE OF SUBSECTION (D) OF SECTION TWO THOUSAND ONE HUNDRED
THIRTY-ONE OF THE INSURANCE LAW.
9. FOR EACH PEER-TO-PEER CAR SHARING PERIOD, A PEER-TO-PEER CAR SHAR-
ING ADMINISTRATOR MAY OFFER THE SHARED VEHICLE OWNER OR THE SHARED DRIV-
ER THE OPPORTUNITY TO PURCHASE ADDITIONAL INSURANCE COVERAGES DESCRIBED
IN SUBPARAGRAPH (B), (C) OR (D) OF PARAGRAPH ONE OF SUBSECTION (D) OF
SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THE INSURANCE LAW.
§ 3. Subdivision 1 of section 905 of the general business law, as
amended by chapter 129 of the laws of 2022, is amended to read as
follows:
1. Each peer-to-peer car sharing program agreement made in this state
shall disclose and separately state or itemize to the shared vehicle
owner and the shared vehicle driver:
(a) the daily rate, fees, and, if applicable, any insurance or
protection package costs that shall be charged to the shared vehicle
owner or the shared vehicle driver; [and]
S. 5941--B 3
(b) an emergency telephone number to contact personnel capable of
providing roadside assistance and handling other customer service
inquiries;
(C) THE COVERAGE, LIMITS, AND EXCLUSIONS THAT THE GROUP POLICY
PROVIDES;
(D) A DESCRIPTION OF THE ADDITIONAL INSURANCE COVERAGES THAT THE PEER-
TO-PEER CAR SHARING PROGRAM ADMINISTRATOR PROVIDES OR OFFERS PURSUANT TO
SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THE INSURANCE LAW;
(E) A STATEMENT THAT FOR EACH PEER-TO-PEER CAR SHARING PERIOD, A PEER-
TO-PEER CAR SHARING PROGRAM ADMINISTRATOR MUST EITHER PROVIDE ADDITIONAL
LIABILITY INSURANCE OR OFFER THE SHARED VEHICLE OWNER AND SHARED VEHICLE
DRIVER WITH THE OPPORTUNITY TO PURCHASE ADDITIONAL LIABILITY INSURANCE
PURSUANT TO SUBPARAGRAPH (A) OF PARAGRAPH ONE OF SUBSECTION (D) OF
SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THE INSURANCE LAW; AND
(F) A STATEMENT DESCRIBING ANY ADDITIONAL INSURANCE THAT A PEER-TO-
PEER CAR SHARING ADMINISTRATOR MAY PROVIDE A SHARED VEHICLE OWNER OR A
SHARED VEHICLE DRIVER WITH THE OPPORTUNITY TO PURCHASE PURSUANT TO
SECTION TWO THOUSAND ONE HUNDRED THIRTY-ONE OF THE INSURANCE LAW.
§ 4. Section 2131 of the insurance law, as amended by chapter 582 of
the laws of 2023, the section heading, subsections (a), (d), (e), (f),
(h) and (i) as amended by chapter 368 of the laws of 2010, subsection
(g) as amended by chapter 426 of the laws of 2005, is amended to read as
follows:
§ 2131. Limited license for rental vehicle companies, PEER-TO-PEER CAR
SHARING PROGRAM ADMINISTRATORS, wireless communications equipment
vendors and self-service storage companies. (a) The superintendent may
issue to a rental vehicle company, A PEER-TO-PEER CAR SHARING PROGRAM
ADMINISTRATOR, a wireless communications equipment vendor, a self-ser-
vice storage company or to a franchisee of a rental vehicle company, a
wireless communications equipment vendor, or a self-service storage
company which has complied with the requirements of this section, a
limited license authorizing the licensee, known as a "limited licensee"
for the purpose of this article, to act as agent, with reference to the
kinds of insurance specified in this section, of any insurer authorized
to write such kinds of insurance in this state.
(b) The prerequisites for issuance of a limited license under this
section shall be the filing with the superintendent of the following:
(1) an application, signed by an officer of the applicant, for the
limited license in such form or forms, and supplements thereto, and
containing such information, as the superintendent may prescribe; and
(2) an appointment of a limited licensee by the appointing insurer, in
a format approved by the superintendent, no more than fifteen days after
the date the agency contract is executed or the first insurance contract
is submitted, whichever is later, stating that it has satisfied itself
that the named applicant is trustworthy and competent to act as its
insurance agent for this limited purpose and that the insurer will
appoint such applicant to act as the agent in reference to the doing of
such kind or kinds of insurance which are permitted by this section, if
the limited license applied for is issued by the superintendent. Such
appointment shall be subscribed by an officer or managing agent of such
insurer and affirmed as true under the penalties of perjury.
(c) In the event that any provision of this chapter is violated, the
superintendent may:
(1) revoke or suspend a limited license issued under this section in
accordance with the provisions of section two thousand one hundred ten
of this article; or
S. 5941--B 4
(2) after notice and hearing impose such other penalties, including
suspending the transaction of insurance at specific locations where
violations of this article have occurred, as the superintendent deems
necessary or convenient to carry out the purposes of this section.
(d) The rental vehicle company, PEER-TO-PEER CAR SHARING PROGRAM
ADMINISTRATOR, wireless communications equipment vendor, or self-service
storage company, or franchisee licensed pursuant to subsection (a) of
this section may act as agent for an authorized insurer only in
connection with the rental of motor vehicles, THE SHARING OF A SHARED
VEHICLE, the sale or offering for sale of wireless communications equip-
ment, or the rental of storage space, respectively, and only with
respect to the following kinds of insurance:
(1) with respect to rental vehicle companies AND PEER-TO-PEER CAR
SHARING PROGRAM ADMINISTRATORS:
(A) excess liability insurance that provides coverage to the rental
car company or franchisee and renters and other authorized drivers of
rental vehicles, OR THAT PROVIDES COVERAGE TO THE PEER-TO-PEER CAR SHAR-
ING PROGRAM ADMINISTRATOR, SHARED VEHICLES OWNERS, OR SHARED VEHICLE
DRIVERS, OR A COMBINATION THEREOF, in excess of the standard liability
limits provided by the rental vehicle company in its rental agreement OR
THE PEER-TO-PEER CAR SHARING PROGRAM AGREEMENT PURSUANT TO ARTICLE FORTY
OF THE GENERAL BUSINESS LAW, for liability arising from the negligent
operation of the rental vehicle OR THE SHARED VEHICLE;
(B) accident and health insurance that provides coverage to renters
and other vehicle occupants, in excess to the standard first party bene-
fits provided pursuant to article fifty-one of this chapter, for acci-
dental death and/or dismemberment and for medical expenses resulting
from an accident that occurs during the rental period OR DURING THE
PEER-TO-PEER CAR SHARING PERIOD;
(C) personal effects insurance that provides coverage to renters and
other vehicle occupants OR TO SHARED VEHICLE OWNERS OR SHARED VEHICLE
DRIVERS, OR A COMBINATION THEREOF, AND OTHER VEHICLE OCCUPANTS, for the
loss of, or damage to, personal effects that occurs during the rental
period OR PEER-TO-PEER CAR SHARING PERIOD;
(D) any other coverage [which] THAT the superintendent may approve as
meaningful and appropriate in connection with the rental of motor vehi-
cles; or
(2) with respect to wireless communications equipment vendors, insur-
ance issued to cover the loss, theft, mechanical failure, or malfunction
of, or damage to, wireless communications equipment offered as either an
individual policy issued to the consumer or as a group policy under
which certificates or other evidence of coverage are issued to individ-
ual consumers who enroll in the program, provided however, that said
insurance shall not extend to wireless services or service contracts
governed by article seventy-nine of this chapter; or
(3) with respect to self-service storage companies, the following
coverages offered as either an individual policy issued to the consumer
or as a group policy:
(A) personal effects insurance that provides coverage to renters of
storage spaces at the self-service storage company's facility for the
loss of, or damage to, personal property stored at the facility, where
the loss or damage occurs at the same facility during the rental period;
(B) any other coverage that the superintendent may approve as meaning-
ful and appropriate in connection with the rental of storage space.
(e) No insurance may be issued pursuant to this section unless:
S. 5941--B 5
(1) with regard to the rental of vehicles only, the rental period of
the rental agreement does not exceed thirty consecutive days; and
(2) at every location where rental vehicle agreements, wireless commu-
nications equipment agreements, or self-service storage agreements are
executed, brochures or other written materials are readily available to
the prospective consumer, AND WITH REGARD TO A PEER-TO-PEER CAR SHARING
PROGRAM ADMINISTRATOR, THE ADMINISTRATOR PROVIDES WRITTEN MATERIALS,
that:
(A) summarize, clearly and correctly, the material terms of insurance
coverage, including the identity of the insurer and, with regard to
wireless communications equipment insurance, the agent licensed under
subsection (b) of section two thousand one hundred three of this arti-
cle;
(B) disclose that these policies may provide a duplication of coverage
already provided by a renter's personal automobile insurance policy,
homeowner's insurance policy, personal liability insurance policy, or
other source of coverage;
(C) state that the purchase by the consumer of the kinds of insurance
specified in this section is not required in order to rent a vehicle, TO
SHARE A SHARED VEHICLE, to purchase or lease wireless communications
equipment, or to rent storage space;
(D) describe the process for filing a claim in the event the consumer
elects to purchase coverage;
(E) the price, deductible, benefits, exclusions and conditions or
other limitations of such policies;
(F) disclose that the employee of the rental vehicle company, PEER-TO-
PEER CAR SHARING PROGRAM ADMINISTRATOR, wireless communications equip-
ment vendor or self-storage company is not qualified or authorized to
evaluate the adequacy of the purchaser's existing coverages, unless
otherwise licensed; and
(G) state that the customer may cancel the insurance at any time and
any unearned premium will be refunded in accordance with applicable law.
(3) evidence of coverage is provided to every consumer who elects to
purchase such coverage.
(f) Rates and forms for insurance under this section shall be subject
to article twenty-three of this chapter. Any brochures OR OTHER WRITTEN
MATERIALS used in connection with insurance under this section shall be
filed with the superintendent for review and shall include disclosure of
the claims filing process, premium, deductible amounts and limits and
shall be prominently displayed in the brochure OR OTHER WRITTEN MATERI-
ALS with at least twelve-point type bold headings. Any such brochures
OR OTHER WRITTEN MATERIALS shall also be subject to section three thou-
sand one hundred two of this chapter, provided, however, that any poli-
cy, certificate or other evidence of insurance coverage, whether or not
contained in such brochure, shall not be subject to section three thou-
sand one hundred two of this chapter, but shall be written in a clear
and coherent manner and whenever practicable shall use words with common
and everyday meaning to facilitate readability and to aid the policy-
holder in understanding the coverage provided.
(g) Any limited license issued under this section shall also authorize
any salaried employee or any sales representative authorized by the
licensee who, pursuant to subsection (h) of this section, is trained to
act individually on behalf, and under the supervision, of the licensee
with respect to the kinds of insurance specified in this section.
(h) Each company or franchisee licensed pursuant to this section shall
conduct a training program, which shall be submitted to the superinten-
S. 5941--B 6
dent for approval prior to use, and which shall meet the following mini-
mum standards:
(1) each trainee shall receive basic instruction about the kinds of
insurance specified in this section offered for purchase by prospective
renters of rental vehicles, SHARED VEHICLE OWNERS, SHARED VEHICLE DRIV-
ERS, purchasers or lessors of wireless communications equipment, or
renters of storage space;
(2) each trainee shall be instructed with respect to the disclosures
required under subsection (e) of this section and to acknowledge to a
prospective renter of a rental vehicle, SHARED VEHICLE OWNER, SHARED
VEHICLE DRIVER, purchaser or lessor of wireless communications equip-
ment, or renter of storage space that purchase of any such insurance
specified in this section is not required in order for the consumer to
rent a motor vehicle, SHARE A SHARED VEHICLE, purchase or lease wireless
communications equipment, or rent storage space;
(3) each trainee shall be instructed to acknowledge to a prospective
consumer of the kinds of insurance specified in this section that the
consumer may have insurance policies that already provide the coverage
being offered by the rental vehicle company, the wireless communications
equipment vendor, or self-service storage company pursuant to this
section, AS APPLICABLE; and
(4) with regard to wireless communications equipment insurance and
self-service storage company insurance, training materials may be devel-
oped and provided by an agent licensed pursuant to subsection (b) of
section two thousand one hundred three of this article.
(i) Limited licensees acting pursuant to and under the authority of
this section shall comply with all applicable provisions of this arti-
cle, except that notwithstanding section two thousand one hundred twenty
of this article, a limited licensee pursuant to this section shall not
be required to treat premiums collected from consumers purchasing such
insurance when renting motor vehicles, SHARING A SHARED VEHICLE,
purchasing or leasing wireless communications equipment, or renting
storage space as funds received in a fiduciary capacity, provided that:
(1) the insurer represented by the limited licensee has consented in
writing, signed by the insurer's officer, that premiums need not be
segregated from funds received by the rental vehicle company, PEER-TO-
PEER CAR SHARING PROGRAM ADMINISTRATOR, wireless communications equip-
ment vendor, or self-storage company on account of vehicle rental, SHAR-
ING OF A SHARED VEHICLE, wireless communications equipment purchase or
lease, or storage space rental; and
(2) the charges for insurance coverage are itemized but not billed to
the consumer separately from the charges for rental vehicles, SHARED
VEHICLES, purchase or lease of wireless communications equipment, or
storage space rental.
(j) No limited licensees under this section shall advertise, represent
or otherwise hold itself or any of its employees themselves out as
licensed insurance agents or brokers.
(k) The superintendent may issue a replacement for a currently in
force license which has been lost or destroyed. Before such replacement
license shall be issued, there shall be on file in the office of the
superintendent a written application for such replacement license,
affirming under penalty of perjury that the original license has been
lost or destroyed, together with a fee of fifteen dollars.
(l) For purposes of this section "wireless communications equipment"
shall mean wireless handsets, pagers, personal digital assistants, wire-
less telephones or wireless telephone batteries and other wireless
S. 5941--B 7
devices and accessories related to such devices that are used to access
wireless communications services and includes wireless services.
(M) FOR PURPOSES OF THIS SECTION, "PEER-TO-PEER CAR SHARING PROGRAM
ADMINISTRATOR", "PEER-TO-PEER CAR SHARING PERIOD", "SHARED VEHICLE",
"SHARED VEHICLE DRIVER", AND "SHARED VEHICLE OWNER" SHALL HAVE THE MEAN-
INGS SET FORTH IN SECTION NINE HUNDRED OF THE GENERAL BUSINESS LAW.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.Every fact on this page links to its source, starting with the official bill record.