Bill Text: NY A05445 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits the imposition of accident response service fees on insurance companies, drivers or owners of a motor vehicle, or any other person following an accident.

Spectrum: Moderate Partisan Bill (Democrat 19-6)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A05445 Detail]

Download: New_York-2011-A05445-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5445
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 18, 2011
                                      ___________
       Introduced by M. of A. MAISEL -- read once and referred to the Committee
         on Transportation
       AN  ACT to amend the vehicle and traffic law, in relation to prohibiting
         the imposition of accident response service fees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Article  11  of the vehicle and traffic law is amended by
    2  adding a new section 389 to read as follows:
    3    S 389. ACCIDENT RESPONSE SERVICE FEE. 1. AS USED IN THIS SECTION:
    4    (A) "ACCIDENT RESPONSE SERVICE  FEE"  MEANS  A  FEE  IMPOSED  FOR  THE
    5  RESPONSE  OR INVESTIGATION OF A MOTOR VEHICLE ACCIDENT BY A LAW ENFORCE-
    6  MENT AGENCY; AND
    7    (B) "ENTITY" MEANS:
    8    (I) THE STATE;
    9    (II) A POLITICAL SUBDIVISION OF THE STATE, INCLUDING:
   10    A. A COUNTY;
   11    B. A CITY;
   12    C. A BOROUGH;
   13    D. AN INCORPORATED TOWN;
   14    E. A TOWNSHIP; OR
   15    F. A HOME-RULED MUNICIPALITY; AND
   16    (III) ANY GOVERNMENTAL ENTITY OR AGENCY OR  DEPARTMENT  OF  A  GOVERN-
   17  MENTAL ENTITY OR AGENCY.
   18    2.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A PERSON OR
   19  ENTITY SHALL NOT IMPOSE AN ACCIDENT RESPONSE SERVICE FEE ON OR  FROM  AN
   20  INSURANCE  COMPANY, THE DRIVER OR OWNER OF A MOTOR VEHICLE, OR ANY OTHER
   21  PERSON.
   22    S 2. This act shall take effect on the one hundred eightieth day after
   23  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08335-01-1