Assembly Bill A1952B

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

                                  1952

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by  M.  of A. MORELLE, WEISENBERG, GALEF, DelMONTE -- Multi-
  Sponsored by -- M. of A.   CLARK, COLTON,  DESTITO,  V. LOPEZ,  MAGEE,
  McENENY -- read once and referred to the Committee on Transportation

AN ACT to amend the insurance law, in relation to prohibiting surcharges
  for certain automobile accidents

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2335 of the insurance law, subsection (c) as  added
by  chapter  747 of the laws of 1990 and as relettered by chapter 152 of
the laws of 1998, is amended to read as follows:
  S 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  TIMES  THE  DOLLAR  AMOUNT  OF  THE  ACCIDENT
REPORTING  THRESHOLD OF THE DEPARTMENT OF MOTOR VEHICLES AS PROVIDED FOR
IN PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION SIX HUNDRED FIVE  OF  THE
VEHICLE AND TRAFFIC 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 for a violation which occurred
during  the thirty-six month period ending on the last day of the fourth
month preceding the month of the effective date of the  policy  if  such
conviction consisted of:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04195-01-9
              

A. 1952                             2

  (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 moving violations of any other provision of the vehi-
cle and traffic law;
  [(b)] (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
  [(c)] (D) with respect to a non-commercial private  passenger  automo-
bile  insurance policy, has had an accident while operating a commercial
vehicle in the course of employment and in the discharge of the  employ-
ee's  duties  at the time of the accident, unless the accident is deter-
mined to have been caused by the intentional action or gross  negligence
of the insured.
  S  2.  This act shall take effect immediately provided that the amend-
ments to section 2335 of the insurance law made by section one  of  this
act shall expire on the same date as such section expires.

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

                                 1952--A
                                                           R. R. 169

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by  M.  of  A. MORELLE, WEISENBERG, GALEF, DelMONTE, HOYT --
  Multi-Sponsored by  --  M.  of  A.  CLARK,  COLTON,  DESTITO,  HAWLEY,
  V. LOPEZ, MAGEE, McENENY -- read once and referred to the Committee on
  Transportation  --  reported from committee, advanced to a third read-
  ing, amended and ordered reprinted, retaining its place on  the  order
  of third reading

AN ACT to amend the insurance law, in relation to prohibiting surcharges
  for certain automobile accidents

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2335 of the insurance law, subsection (c) as  added
by  chapter  747 of the laws of 1990 and as relettered by chapter 152 of
the laws of 1998, is amended to read as follows:
  S 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 THE ASSIGNMENT
OF POINTS OR ANY POLICY SURCHARGE SHALL BE PERMISSIBLE FOR ANY  ACCIDENT
WHICH RESULTS IN BODILY INJURY OR IF THE INSURED HAS MORE THAN ONE ACCI-
DENT  IN  THE MERIT RATING EXPERIENCE PERIOD, WHICH RESULTS IN AN AGGRE-
GATE AMOUNT OF DAMAGE IN EXCESS OF TWO THOUSAND DOLLARS. NOTHING IN THIS
SUBSECTION SHALL CHANGE THE DOLLAR  AMOUNT  OF  THE  ACCIDENT  REPORTING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04195-04-0
              

A. 1952--A                          2

THRESHOLD REQUIRED UNDER PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION SIX
HUNDRED FIVE OF THE VEHICLE AND TRAFFIC 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 for a violation which occurred
during  the thirty-six month period ending on the last day of the fourth
month preceding the month of the effective date of the  policy  if  such
conviction 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 moving violations of any other provision of the vehi-
cle and traffic law;
  [(b)] (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

A. 1952--A                          3

  [(c)]  (D)  with respect to a non-commercial private passenger automo-
bile insurance policy, has had an accident while operating a  commercial
vehicle  in the course of employment and in the discharge of the employ-
ee's duties at the time of the accident, unless the accident  is  deter-
mined  to have been caused by the intentional action or gross negligence
of the insured.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law provided that the amendments to section  2335
of the insurance law made by section one of this act shall expire on the
same  date as such section expires; and provided, further, that this act
shall only apply to policies entered into, modified, or  renewed  on  or
after such effective date.