Assembly Bill A10222

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

                                  10222

                          I N  A S S E M B L Y

                              May 17, 2016
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Insurance

AN  ACT to amend the insurance law, in relation to providing a reduction
  in insurance premium charges for  insured  volunteer  firefighters  or
  emergency  personnel  for  a  three  year  period  after  successfully
  completing the emergency vehicle operator's course as part of  his  or
  her training

  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) (1) Any schedule of rates or rating plan for motor vehicle liabil-
ity 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  department  of  motor  vehicles as being equivalent to the national
safety council'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  instruc-
tion  for  a  minimum number of hours as determined by the department of
motor vehicles. Such reduction in premium charges shall be  subsequently
modified  to the extent appropriate, based upon analysis of loss experi-
ence 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
a result of any traffic infraction.
  (2) ANY SCHEDULE OF RATES OR RATING PLAN FOR MOTOR  VEHICLE  LIABILITY
AND  COLLISION  INSURANCE  SUBMITTED TO THE SUPERINTENDENT SHALL PROVIDE
FOR A REDUCTION IN PREMIUM CHARGES FOR INSURED VOLUNTEER FIREFIGHTERS OR
EMERGENCY PERSONNEL FOR A THREE YEAR PERIOD AFTER SUCCESSFULLY  COMPLET-
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14656-01-6

A. 10222                            2

ING THE EMERGENCY VEHICLE OPERATOR'S COURSE (EVOC) AS PART OF HIS OR HER
TRAINING,  PROVIDED  THAT  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 VEHICLES. SUCH REDUCTION  SHALL
BE  CALCULATED  (I) AT THE RATE OF FIFTEEN PERCENT IF THE INSURED VOLUN-
TEER  FIREFIGHTER  OR  EMERGENCY  PERSONNEL  HAS  NOT  QUALIFIED  FOR  A
REDUCTION  IN PREMIUMS AS PROVIDED IN THIS PARAGRAPH OR (II) AT THE RATE
OF FIVE PERCENT  IF  THE  INSURED  VOLUNTEER  FIREFIGHTER  OR  EMERGENCY
PERSONNEL  HAS QUALIFIED FOR A REDUCTION IN PREMIUMS AS PROVIDED IN THIS
PARAGRAPH.
  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) (1) Any schedule of rates or rating plan for motor vehicle liabil-
ity  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 department of motor vehicles as being  equivalent  to  the  national
safety council's defensive driving course, provided that in either event
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  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.
  (2) ANY SCHEDULE OF RATES OR RATING PLAN FOR MOTOR  VEHICLE  LIABILITY
AND  COLLISION  INSURANCE  SUBMITTED TO THE SUPERINTENDENT SHALL PROVIDE
FOR A REDUCTION IN PREMIUM CHARGES FOR INSURED VOLUNTEER FIREFIGHTERS OR
EMERGENCY PERSONNEL FOR A THREE YEAR PERIOD AFTER SUCCESSFULLY  COMPLET-
ING THE EMERGENCY VEHICLE OPERATOR'S COURSE (EVOC) AS PART OF HIS OR HER
TRAINING,  PROVIDED  THAT  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 VEHICLES. SUCH REDUCTION  SHALL
BE  CALCULATED  (I) AT THE RATE OF FIFTEEN PERCENT IF THE INSURED VOLUN-
TEER  FIREFIGHTER  OR  EMERGENCY  PERSONNEL  HAS  NOT  QUALIFIED  FOR  A
REDUCTION  IN PREMIUMS AS PROVIDED IN THIS PARAGRAPH OR (II) AT THE RATE
OF FIVE PERCENT  IF  THE  INSURED  VOLUNTEER  FIREFIGHTER  OR  EMERGENCY
PERSONNEL  HAS QUALIFIED FOR A REDUCTION IN PREMIUMS AS PROVIDED IN THIS
PARAGRAPH.
  S 3. This act shall take effect immediately; provided however 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 section 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.