S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    959
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance law and the vehicle and  traffic  law,  in
   relation  to  premium reductions of commercial risk insurance policies
   covering for-hire vehicles and to amend a chapter of the laws of  2020
   amending  the  insurance  law  relating to   establishing the for-hire
   motor vehicle safety program as proposed in legislative bills  numbers
   S.  7881 and A. 9763-A, in relation to the effectiveness of such chap-
   ter
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subsection  (d)  of section 2353 of the insurance law, as
 added by a chapter of the laws of 2020 amending the insurance law relat-
 ing to establishing the    for-hire  motor  vehicle  safety  program  as
 proposed  in legislative bills numbers S. 7881 and A. 9763-A, is amended
 to read as follows:
   (d) The superintendent shall provide for  an  actuarially  appropriate
 reduction  for  a  period  of  three  years in the rates of premiums for
 commercial risk insurance applicable to motor vehicles  engaged  in  the
 business of carrying or transporting passengers for-hire, having a seat-
 ing  capacity  of  not  less  than  eight passengers, for each triennial
 completion of a course of instruction on for-hire motor  vehicle  safety
 as  authorized  pursuant  to this section.  The [superintendent] COMMIS-
 SIONER OF MOTOR VEHICLES shall evaluate and approve any for-hire vehicle
 safety program created pursuant to this section within sixty days of the
 effective date of this section.
   § 2. Subsection (f) of section 2353 of the insurance law is relettered
 subsection (g) and a new subsection (f) is added to read as follows:
   (F) ANY INSURED WHO SUCCESSFULLY COMPLETES A COURSE OF INSTRUCTION  ON
 FOR-HIRE  MOTOR  VEHICLE  SAFETY PURSUANT TO THIS SECTION AND RECEIVES A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07186-01-1

 A. 959                              2
 
 PREMIUM REDUCTION ON THE  INSURED'S  COMMERCIAL  RISK  INSURANCE  POLICY
 COVERING  THE FOR-HIRE VEHICLE SHALL NOT, DURING THE PERIOD SET FORTH IN
 SUBSECTION (E) OF THIS SECTION,  ALSO  BE  ELIGIBLE  FOR  AN  ADDITIONAL
 PREMIUM  REDUCTION  ON  THE  INSURED'S  COMMERCIAL RISK INSURANCE POLICY
 COVERING THE FOR-HIRE VEHICLE FOR SUCCESSFUL  COMPLETION  OF  THE  MOTOR
 VEHICLE  ACCIDENT  PREVENTION COURSE, KNOWN AS THE NATIONAL SAFETY COUN-
 CIL'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,  AUTHORIZED  UNDER
 SECTION TWO THOUSAND THREE HUNDRED THIRTY-SIX OF THIS ARTICLE.
   §  3.  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 ACTUARIALLY 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]  SELF-
 INSTRUCTION  defensive  driving course or a course [which] THAT does not
 provide for actual classroom instruction 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  appropri-
 ate,  based  upon analysis of loss experience statistics and other rele-
 vant 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  INSURED WHO SUCCESSFULLY COMPLETES A COURSE PURSUANT TO THIS
 SUBSECTION AND RECEIVES A PREMIUM REDUCTION ON THE  INSURED'S  INSURANCE
 POLICY  COVERING  THE FOR-HIRE VEHICLE, SHALL NOT, DURING THE PERIOD SET
 FORTH IN SUBSECTION (E) OF SECTION TWO  THOUSAND  THREE  HUNDRED  FIFTY-
 THREE  OF  THIS  ARTICLE,  ALSO  BE  ELIGIBLE  FOR AN ADDITIONAL PREMIUM
 REDUCTION ON THE INSURED'S COMMERCIAL RISK INSURANCE POLICY COVERING THE
 FOR-HIRE MOTOR VEHICLE FOR SUCCESSFUL COMPLETION OF THE FOR-HIRE  SAFETY
 MOTOR VEHICLE COURSE AUTHORIZED UNDER SECTION TWO THOUSAND THREE HUNDRED
 FIFTY-THREE OF THIS ARTICLE.
   §  4.  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 ACTUARIALLY 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] SELF-INSTRUCTION  defensive  driving  course  or  a  course
 [which]  THAT  does  not  provide for actual classroom instruction for a

 A. 959                              3
 
 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
 a result of any traffic infraction.
   (2) ANY INSURED WHO SUCCESSFULLY COMPLETES A COURSE PURSUANT  TO  THIS
 SUBSECTION  AND  RECEIVES A PREMIUM REDUCTION ON THE INSURED'S INSURANCE
 POLICY COVERING THE FOR-HIRE VEHICLE, SHALL NOT, DURING THE  PERIOD  SET
 FORTH  IN  SUBSECTION  (E)  OF SECTION TWO THOUSAND THREE HUNDRED FIFTY-
 THREE OF THIS ARTICLE,  ALSO  BE  ELIGIBLE  FOR  AN  ADDITIONAL  PREMIUM
 REDUCTION ON THE INSURED'S COMMERCIAL RISK INSURANCE POLICY COVERING THE
 FOR-HIRE  MOTOR VEHICLE FOR SUCCESSFUL COMPLETION OF THE FOR-HIRE SAFETY
 MOTOR VEHICLE COURSE AUTHORIZED UNDER SECTION TWO THOUSAND THREE HUNDRED
 FIFTY-THREE OF THIS ARTICLE.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 397-c to read as follows:
   § 397-C. FOR-HIRE MOTOR VEHICLE SAFETY PROGRAM. THE COMMISSIONER SHALL
 EVALUATE  AND  APPROVE ANY FOR-HIRE MOTOR VEHICLE SAFETY PROGRAM CREATED
 PURSUANT TO SECTION TWO THOUSAND THREE HUNDRED FIFTY-THREE OF THE INSUR-
 ANCE LAW WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF SUCH SECTION.
   § 6. Section 2 of a chapter of the laws of 2020 amending the insurance
 law relating to  establishing the  for-hire motor vehicle safety program
 as proposed in legislative bills numbers  S.  7881  and  A.  9763-A,  is
 amended to read as follows:
   §  2.  This  act shall take effect [immediately and shall apply to all
 policies issued, renewed, modified, altered or amended on or  after  the
 sixtieth  day  following the effective date of this act] ON THE SIXTIETH
 DAY AFTER IT SHALL HAVE BECOME A LAW.
   § 7. This act shall take effect immediately; provided,  however,  that
 sections  one,  two, three and five of this act shall take effect on the
 same date and in the same manner as a chapter of the laws of 2020 amend-
 ing the insurance law relating to   establishing  the    for-hire  motor
 vehicle  safety program as proposed in legislative bills numbers S. 7881
 and A.  9763-A, takes effect; and provided further that  the  amendments
 to  subsection  (a) of section 2336 of the insurance law made by section
 three of this act shall be subject to the expiration  and  reversion  of
 such  subsection  when  upon such date the provisions of section four of
 this act shall take effect.