S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3144
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 9, 2011
                                      ___________
       Introduced  by Sens. LAVALLE, BONACIC, JOHNSON, LARKIN -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Insurance
       AN  ACT  to  amend  the  insurance  law, in relation to placement to the
         assigned risk plan
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  2335-a of the insurance law, as added by chapter
    2  152 of the laws of 1998, is amended to read as follows:
    3    S 2335-a. Prohibition [of] AGAINST rate increases AND PLACEMENT IN  AN
    4  ASSIGNED RISK PLAN for persons involved in emergency use of vehicles. No
    5  insurer authorized to transact or transacting business in this state, or
    6  controlling  or  controlled  by  or  under  common control by or with an
    7  insurer authorized to transact or transacting business  in  this  state,
    8  which  sells a policy providing motor vehicle liability insurance cover-
    9  age in this state shall increase the policy premium in  connection  with
   10  the  insurance  permitted or required by this chapter OR SHALL PLACE ANY
   11  INSURED TO THE MOTOR VEHICLE INSURANCE ASSIGNED  RISK  PLAN  ESTABLISHED
   12  PURSUANT  TO  ARTICLE  FIFTY-THREE  OF  THIS  CHAPTER solely because the
   13  insured or any other  person  who  customarily  operates  an  automobile
   14  covered  by the policy has had an accident while operating a motor vehi-
   15  cle in response to an emergency, where the insured was either responding
   16  to a call to duty as a paid or volunteer member of any  police  or  fire
   17  department  or  first aid squad; or was performing any other function on
   18  behalf of the state, any political subdivision thereof, a public author-
   19  ity, public benefit corporation, or any  other  governmental  agency  or
   20  instrumentality in a public emergency.
   21    S  2.  This  act shall take effect on the ninetieth day after it shall
   22  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07669-01-1