S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9081
 
                           I N  A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the insurance law, in relation to motor vehicle  liabil-
   ity insurance rate surcharges for traffic violations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Short title. This act shall be known and may be  cited  as
 the "New York spare me a raise on my automobile insurance act".
   §  2.  Section 2335 of the insurance law, as amended by chapter 277 of
 the laws of 2010, is amended to read as follows:
   § 2335.  Motor  vehicle  liability  insurance  rates;  prohibition  of
 surcharges  for  certain  accidents  and traffic infractions. No insurer
 authorized to  transact  or  transacting  business  in  this  state,  or
 controlling  or  controlled  by  or  under  common control by or with an
 insurer authorized to transact or transacting business  in  this  state,
 which  sells a policy providing motor vehicle liability insurance cover-
 age in this state shall increase the policy premium in  connection  with
 the  insurance  permitted or required by this chapter solely because the
 insured or any other  person  who  customarily  operates  an  automobile
 covered by the policy:
   (a)  has  had  an accident that does not result in aggregate damage to
 property in excess of two thousand dollars,  provided  that  any  policy
 surcharge  shall be permissible for any accident which results in bodily
 injury or if the insured has more than one accident in the merit  rating
 experience  period.  Nothing  in this subsection shall change the dollar
 amount of the accident reporting threshold required under paragraph  one
 of  subdivision (a) of section six hundred five of the vehicle and traf-
 fic law[.];
   (b) has been found guilty of a traffic infraction  under  any  of  the
 provisions  of  the vehicle and traffic law provided, however, that this
 provision shall not apply to a conviction OR CONVICTIONS for TWO OR MORE
 MOVING VIOLATIONS OR a NON-MOVING violation which  occurred  during  the
 thirty-six  month  period  ending  on  the  last day of the fourth month
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05780-03-7

 A. 9081                             2
 
 preceding the month  of  the  effective  date  of  the  policy  if  such
 conviction OR CONVICTIONS consisted of:
   (1)  operating  a  motor vehicle at a speed of more than fifteen miles
 per hour in excess of the legal limit;
   (2) operating a motor vehicle in excess of the speed limit,  or  in  a
 reckless manner, where injury or death results therefrom;
   (3)  operating  a motor vehicle in excess of the speed limit, or reck-
 less driving, or any combination thereof, on three or more occasions;
   (4) operating a motor vehicle while intoxicated  or  impaired  by  the
 consumption of alcohol;
   (5)  operating  a  motor  vehicle while impaired by the use of a drug,
 within the meaning of section one thousand one hundred ninety-two of the
 vehicle and traffic law;
   (6) homicide or assault arising out of the use or operation of a motor
 vehicle, or criminal negligence in the use or operation of a motor vehi-
 cle resulting in the injury or death of another person, or use or opera-
 tion of a motor vehicle directly or indirectly in the  commission  of  a
 felony;
   (7)  operating  a motor vehicle while seeking to avoid apprehension or
 arrest by a law enforcement officer;
   (8) filing or attempting to file  a  false  or  fraudulent  automobile
 insurance  claim,  or  knowingly  aiding  or  abetting  in the filing or
 attempted filing of any such claim;
   (9) leaving the scene of an incident without reporting;
   (10) filing a false document with the department of motor vehicles, or
 using a license or registration obtained by filing a false document with
 the department of motor vehicles;
   (11) operating a motor vehicle in a race or speed test;
   (12) knowingly permitting or authorizing an unlicensed driver to oper-
 ate a motor vehicle insured under the policy;
   (13) operating a motor vehicle insured  under  the  policy  without  a
 valid  license  or  registration  in  effect,  except  when  the  person
 convicted had possessed  a  valid  license  or  registration  which  had
 expired  and  was subsequently renewed, or during a period of revocation
 or suspension thereof, or in violation of the limitations applicable  to
 a  license issued pursuant to article twenty-one or article twenty-one-a
 of the vehicle and traffic law; or
   (14) [two or more] ANY moving violations of any other provision of the
 vehicle and traffic law;
   (c) has had a temporary suspension of a  driver's  license  pending  a
 hearing,  prosecution  or investigation or an indefinite suspension of a
 driver's license which is issued because of the failure  of  the  person
 suspended  to perform an act, which suspension will be terminated by the
 performance of the act by the person suspended, or has had more than one
 such temporary or indefinite suspension arising out of the same incident
 issued against him or her, provided that  the  foregoing  provisions  of
 this  section  shall  not apply if such suspension or suspensions has or
 have not been terminated on or before the effective date of the  policy;
 or
   (d)  with  respect  to  a  non-commercial private passenger automobile
 insurance policy, has had an accident while operating a commercial vehi-
 cle in the course of employment and in the discharge of  the  employee's
 duties at the time of the accident, unless the accident is determined to
 have  been  caused  by the intentional action or gross negligence of the
 insured.

 A. 9081                             3
 
   § 3. This act shall take effect immediately, provided,  however,  that
 the  amendments to section 2335 of the insurance law made by section two
 of this act shall not affect the expiration of such section and shall be
 deemed to expire therewith; and provided, further, that this  act  shall
 only  apply  to  policies entered into, modified, or renewed on or after
 such effective date.