BILL NUMBER:A10949
TITLE OF BILL: An act to amend the insurance law, in relation to
requiring consideration, in the determination of rates for liability
insurance taken by operators of premises licensed for on premises
consumption of alcoholic beverages, of the provision of transportation
to patrons; and to amend the general obligations law, in relation to
immunity from liability for injury or damage caused by intoxication of
another person when the operator of such a premises offers and
provides, free of charge, transportation to patrons
PURPOSE OR GENERAL IDEA OF BILL: This bill encourages bars,
restaurants, and clubs licensed to serve alcoholic beverages incentive
to offer free transportation for intoxicated patrons, thus decreasing
the incidences and motivations for intoxicated driving, by removing
the insurance disincentives to the operator of such premises.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds section 2327 to the
insurance law, establishing the provision of transportation for
premises licensed for on premises consumption of alcoholic beverages.
Liability insurance rates related to injury or damage by intoxicated
persons shall be appropriately reduced to reflect the insurer's
reduced exposure. Paragraph (a) defines transaction scans for proof of
age upon all patrons purchasing alcohol as an act that reduces
exposure, Paragraph (b) defines the free transport of intoxicated and
potentially intoxicated individuals to their home or place of lodging
S T A T E O F N E W Y O R K
________________________________________________________________________
10949
I N A S S E M B L Y
May 5, 2010
___________
Introduced by M. of A. BALL -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to requiring consider-
ation, in the determination of rates for liability insurance taken by
operators of premises licensed for on premises consumption of alcohol-
ic beverages, of the provision of transportation to patrons; and to
amend the general obligations law, in relation to immunity from
liability for injury or damage caused by intoxication of another
person when the operator of such a premises offers and provides, free
of charge, transportation to patrons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 2327
to read as follows:
S 2327. LIABILITY INSURANCE RATES FOR PREMISES LICENSED FOR ON PREM-
ISES CONSUMPTION OF ALCOHOLIC BEVERAGES; PROVISION OF TRANSPORTATION.
WHERE THE INSURED IS LICENSED TO SELL ANY ALCOHOLIC BEVERAGE AT RETAIL
FOR ON PREMISES CONSUMPTION PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL
LAW, THE RATES FOR THE LIABILITY INSURANCE RELATING TO INJURY OR DAMAGE
CAUSED BY INTOXICATED PATRONS SHALL BE APPROPRIATELY REDUCED TO REFLECT
THE INSURER'S REDUCED EXPOSURE TO LOSS WHEN THE INSURED:
(A) PERFORMS TRANSACTION SCANS FOR PROOF OF AGE, PURSUANT TO SECTION
SIXTY-FIVE-B OF THE ALCOHOLIC BEVERAGE CONTROL LAW, UPON ALL PATRONS
ATTEMPTING TO ACQUIRE AN ALCOHOLIC BEVERAGE; AND
(B) PROVIDES, FREE OF CHARGE, TRANSPORTATION, TO INTOXICATED AND
POSSIBLY INTOXICATED PATRONS, TO THE PATRON'S RESIDENCE OR PLACE OF
LODGING WITHIN TWENTY-FIVE MILES OF THE LICENSED PREMISES.
S 2. The general obligations law is amended by adding a new section
11-109 to read as follows:
S 11-109. IMMUNITY FROM LIABILITY FOR INJURY OR DAMAGE CAUSED BY
INTOXICATION OF PATRONS. A PERSON LICENSED TO SELL ANY ALCOHOLIC BEVER-
AGE AT RETAIL FOR ON PREMISES CONSUMPTION PURSUANT TO THE ALCOHOLIC
BEVERAGE CONTROL LAW, OR ANY AGENT OR EMPLOYEE THEREOF, SHALL BE IMMUNE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15265-01-0
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