Bill Text: NY A09081 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to motor vehicle liability insurance rate surcharges for traffic violations such that two or more moving violations are required for a surcharge increase.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-23 - enacting clause stricken [A09081 Detail]

Download: New_York-2017-A09081-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9081
                   IN ASSEMBLY
                                    January 18, 2018
                                       ___________
        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Insurance
        AN ACT to amend the insurance law, in relation to motor vehicle  liabil-
          ity insurance rate surcharges for traffic violations
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Short title. This act shall be known and may be  cited  as
     2  the "New York spare me a raise on my automobile insurance act".
     3    §  2.  Section 2335 of the insurance law, as amended by chapter 277 of
     4  the laws of 2010, is amended to read as follows:
     5    § 2335.  Motor  vehicle  liability  insurance  rates;  prohibition  of
     6  surcharges  for  certain  accidents  and traffic infractions. No insurer
     7  authorized to  transact  or  transacting  business  in  this  state,  or
     8  controlling  or  controlled  by  or  under  common control by or with an
     9  insurer authorized to transact or transacting business  in  this  state,
    10  which  sells a policy providing motor vehicle liability insurance cover-
    11  age in this state shall increase the policy premium in  connection  with
    12  the  insurance  permitted or required by this chapter solely because the
    13  insured or any other  person  who  customarily  operates  an  automobile
    14  covered by the policy:
    15    (a)  has  had  an accident that does not result in aggregate damage to
    16  property in excess of two thousand dollars,  provided  that  any  policy
    17  surcharge  shall be permissible for any accident which results in bodily
    18  injury or if the insured has more than one accident in the merit  rating
    19  experience  period.  Nothing  in this subsection shall change the dollar
    20  amount of the accident reporting threshold required under paragraph  one
    21  of  subdivision (a) of section six hundred five of the vehicle and traf-
    22  fic law[.];
    23    (b) has been found guilty of a traffic infraction  under  any  of  the
    24  provisions  of  the vehicle and traffic law provided, however, that this
    25  provision shall not apply to a conviction or convictions for two or more
    26  moving violations or a non-moving violation which  occurred  during  the
    27  thirty-six  month  period  ending  on  the  last day of the fourth month
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05780-03-7
        A. 9081                             2
     1  preceding the month  of  the  effective  date  of  the  policy  if  such
     2  conviction or convictions consisted of:
     3    (1)  operating  a  motor vehicle at a speed of more than fifteen miles
     4  per hour in excess of the legal limit;
     5    (2) operating a motor vehicle in excess of the speed limit,  or  in  a
     6  reckless manner, where injury or death results therefrom;
     7    (3)  operating  a motor vehicle in excess of the speed limit, or reck-
     8  less driving, or any combination thereof, on three or more occasions;
     9    (4) operating a motor vehicle while intoxicated  or  impaired  by  the
    10  consumption of alcohol;
    11    (5)  operating  a  motor  vehicle while impaired by the use of a drug,
    12  within the meaning of section one thousand one hundred ninety-two of the
    13  vehicle and traffic law;
    14    (6) homicide or assault arising out of the use or operation of a motor
    15  vehicle, or criminal negligence in the use or operation of a motor vehi-
    16  cle resulting in the injury or death of another person, or use or opera-
    17  tion of a motor vehicle directly or indirectly in the  commission  of  a
    18  felony;
    19    (7)  operating  a motor vehicle while seeking to avoid apprehension or
    20  arrest by a law enforcement officer;
    21    (8) filing or attempting to file  a  false  or  fraudulent  automobile
    22  insurance  claim,  or  knowingly  aiding  or  abetting  in the filing or
    23  attempted filing of any such claim;
    24    (9) leaving the scene of an incident without reporting;
    25    (10) filing a false document with the department of motor vehicles, or
    26  using a license or registration obtained by filing a false document with
    27  the department of motor vehicles;
    28    (11) operating a motor vehicle in a race or speed test;
    29    (12) knowingly permitting or authorizing an unlicensed driver to oper-
    30  ate a motor vehicle insured under the policy;
    31    (13) operating a motor vehicle insured  under  the  policy  without  a
    32  valid  license  or  registration  in  effect,  except  when  the  person
    33  convicted had possessed  a  valid  license  or  registration  which  had
    34  expired  and  was subsequently renewed, or during a period of revocation
    35  or suspension thereof, or in violation of the limitations applicable  to
    36  a  license issued pursuant to article twenty-one or article twenty-one-a
    37  of the vehicle and traffic law; or
    38    (14) [two or more] any moving violations of any other provision of the
    39  vehicle and traffic law;
    40    (c) has had a temporary suspension of a  driver's  license  pending  a
    41  hearing,  prosecution  or investigation or an indefinite suspension of a
    42  driver's license which is issued because of the failure  of  the  person
    43  suspended  to perform an act, which suspension will be terminated by the
    44  performance of the act by the person suspended, or has had more than one
    45  such temporary or indefinite suspension arising out of the same incident
    46  issued against him or her, provided that  the  foregoing  provisions  of
    47  this  section  shall  not apply if such suspension or suspensions has or
    48  have not been terminated on or before the effective date of the  policy;
    49  or
    50    (d)  with  respect  to  a  non-commercial private passenger automobile
    51  insurance policy, has had an accident while operating a commercial vehi-
    52  cle in the course of employment and in the discharge of  the  employee's
    53  duties at the time of the accident, unless the accident is determined to
    54  have  been  caused  by the intentional action or gross negligence of the
    55  insured.
        A. 9081                             3
     1    § 3. This act shall take effect immediately, provided,  however,  that
     2  the  amendments to section 2335 of the insurance law made by section two
     3  of this act shall not affect the expiration of such section and shall be
     4  deemed to expire therewith; and provided, further, that this  act  shall
     5  only  apply  to  policies entered into, modified, or renewed on or after
     6  such effective date.