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

                                  4656

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced  by  M.  of A. COLTON, BENEDETTO, GUNTHER, CYMBROWITZ, ENGLE-
  BRIGHT, HOOPER -- Multi-Sponsored by -- M. of A. ABBATE, FINCH,  McDO-
  NOUGH,  McKEVITT, PEOPLES-STOKES, RAIA, SALADINO, THIELE, 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.
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06449-02-5
              

A. 4656                             2

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 the
amendments to subsection (a) of section 2336 of the insurance  law  made
by section one of this act shall be subject to the expiration and rever-
sion of such subsection pursuant to section 5 of chapter 751 of the laws
of  2005,  as amended, when upon such date the provisions of section two
of this act shall take effect.