STATE OF NEW YORK
________________________________________________________________________
1236
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
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Introduced by M. of A. COLTON, BENEDETTO, GUNTHER, CYMBROWITZ, MILLMAN,
MAISEL, ENGLEBRIGHT, HOOPER -- Multi-Sponsored by -- M. of A. ABBATE,
FINCH, McDONOUGH, McENENY, McKEVITT, PEOPLES-STOKES, PHEFFER, RAIA,
SALADINO, THIELE, WEISENBERG, ZEBROWSKI -- read once and referred to
the Committee on Insurance
AN ACT to amend the insurance law, in relation to premium reductions for
motor vehicle liability, comprehensive and collision insurance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subsection (a) of section 2336 of the insurance law, as
2 amended by chapter 751 of the laws of 2005, is amended to read as
3 follows:
4 (a) Any schedule of rates or rating plan for motor vehicle liability
5 and collision insurance submitted to the superintendent shall provide
6 for an appropriate reduction in premium charges for any insured for a
7 three year period after successfully completing a motor vehicle accident
8 prevention course, known as the national safety council's defensive
9 driving course, or any driver improvement course approved by the depart-
10 ment of motor vehicles as being equivalent to the national safety coun-
11 cil's defensive driving course, provided that, except as provided in
12 article twelve-C of the vehicle and traffic law, there shall be no
13 reduction in premiums for a self instruction defensive driving course or
14 a course which does not provide for actual classroom instruction for a
15 minimum number of hours as determined by the department of motor vehi-
16 cles. Such reduction in premium charges shall be subsequently modified
17 to the extent appropriate, based upon analysis of loss experience
18 statistics and other relevant factors. All such accident prevention
19 courses shall be monitored by the department of motor vehicles and shall
20 include components of instruction in "Road Rage" awareness and in "Work
21 Zone Safety" awareness as defined by the commissioner of motor vehicles.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04818-01-1
A. 1236 2
1 The provisions of this section shall not apply to attendance at a
2 program pursuant to article twenty-one of the vehicle and traffic law as
3 a result of any traffic infraction. In no event shall the reduction in
4 premium charges for any insured successfully completing the defensive
5 driving course as set forth above be less than fifteen percent.
6 § 2. Subsection (a) of section 2336 of the insurance law, as amended
7 by chapter 585 of the laws of 2002, is amended to read as follows:
8 (a) Any schedule of rates or rating plan for motor vehicle liability
9 and collision insurance submitted to the superintendent shall provide
10 for an appropriate reduction in premium charges for any insured for a
11 three year period after successfully completing a motor vehicle accident
12 prevention course, known as the national safety council's defensive
13 driving course, or any driver improvement course approved by the depart-
14 ment of motor vehicles as being equivalent to the national safety coun-
15 cil's defensive driving course, provided that in either event there
16 shall be no reduction in premiums for a self instruction defensive driv-
17 ing course or a course which does not provide for actual classroom
18 instruction for a minimum number of hours as determined by the depart-
19 ment of motor vehicles. Such reduction in premium charges shall be
20 subsequently modified to the extent appropriate, based upon analysis of
21 loss experience statistics and other relevant factors. All such accident
22 prevention courses shall be monitored by the department of motor vehi-
23 cles and shall include components of instruction in "Road Rage" aware-
24 ness and in "Work Zone Safety" awareness as defined by the commissioner
25 of motor vehicles. The provisions of this section shall not apply to
26 attendance at a program pursuant to article twenty-one of the vehicle
27 and traffic law as a result of any traffic infraction. In no event
28 shall the reduction in premium charges for any insured successfully
29 completing the defensive driving course as set forth above be less than
30 fifteen percent.
31 § 3. This act shall take effect on the first of January next succeed-
32 ing the date on which it shall have become a law; provided that section
33 one of this act shall expire on the same date and in the same manner as
34 section 1 of chapter 751 of the laws of 2005, as amended, expires, when
35 upon such date section two of this act shall take effect.
