S T A T E   O F   N E W   Y O R K
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                                  1236

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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:

  Section 1. Subsection (a) of section 2336 of  the  insurance  law,  as
amended  by  chapter  751  of  the  laws  of 2005, is amended to read as
follows:
  (a) Any schedule of rates or rating plan for motor  vehicle  liability
and  collision  insurance  submitted to the superintendent shall provide
for an appropriate reduction in premium charges for any  insured  for  a
three year period after successfully completing a motor vehicle accident
prevention  course,  known  as  the  national safety council's defensive
driving course, or any driver improvement course approved by the depart-
ment of motor vehicles as being equivalent to the national safety  coun-
cil's  defensive  driving  course,  provided that, except as provided in
article twelve-C of the vehicle and  traffic  law,  there  shall  be  no
reduction in premiums for a self instruction defensive driving course or
a  course  which does not provide for actual classroom instruction for a
minimum number of hours as determined by the department of  motor  vehi-
cles.  Such  reduction in premium charges shall be subsequently modified
to the extent  appropriate,  based  upon  analysis  of  loss  experience
statistics  and  other  relevant  factors.  All such accident prevention
courses shall be monitored by the department of motor vehicles and shall
include components of instruction in "Road Rage" awareness and in  "Work
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

The  provisions  of  this  section  shall  not  apply to attendance at a
program pursuant to article twenty-one of the vehicle and traffic law as
a result of any traffic infraction.  IN NO EVENT SHALL THE REDUCTION  IN
PREMIUM  CHARGES  FOR  ANY INSURED SUCCESSFULLY COMPLETING THE DEFENSIVE
DRIVING COURSE AS SET FORTH ABOVE BE LESS THAN FIFTEEN PERCENT.
  S 2. Subsection (a) of section 2336 of the insurance law,  as  amended
by chapter 585 of the laws of 2002, is amended to read as follows:
  (a)  Any  schedule of rates or rating plan for motor vehicle liability
and collision insurance submitted to the  superintendent  shall  provide
for  an  appropriate  reduction in premium charges for any insured for a
three year period after successfully completing a motor vehicle accident
prevention course, known as  the  national  safety  council's  defensive
driving course, or any driver improvement course approved by the depart-
ment  of motor vehicles as being equivalent to the national safety coun-
cil's defensive driving course, provided  that  in  either  event  there
shall be no reduction in premiums for a self instruction defensive driv-
ing  course  or  a  course  which  does not provide for actual classroom
instruction for a minimum number of hours as determined by  the  depart-
ment  of  motor  vehicles.  Such  reduction  in premium charges shall be
subsequently modified to the extent appropriate, based upon analysis  of
loss experience statistics and other relevant factors. All such accident
prevention  courses  shall be monitored by the department of motor vehi-
cles and shall include components of instruction in "Road  Rage"  aware-
ness  and in "Work Zone Safety" awareness as defined by the commissioner
of motor vehicles. The provisions of this section  shall  not  apply  to
attendance  at  a  program pursuant to article twenty-one of the vehicle
and traffic law as a result of any traffic  infraction.    IN  NO  EVENT
SHALL  THE  REDUCTION  IN  PREMIUM  CHARGES FOR ANY INSURED SUCCESSFULLY
COMPLETING THE DEFENSIVE DRIVING COURSE AS SET FORTH ABOVE BE LESS  THAN
FIFTEEN PERCENT.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that  section
one  of this act shall expire on the same date and in the same manner as
section 1 of chapter 751 of the laws of 2005, as amended, expires,  when
upon such date section two of this act shall take effect.