A00959 Summary:
BILL NO | A00959 |
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SAME AS | SAME AS S00894 |
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SPONSOR | Hyndman |
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COSPNSR | |
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MLTSPNSR | |
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Amd §§2353 & 2336, Ins L; add §397-c, V & T L; amd §2, Chap of 2020 (as proposed in S.7881 & A.9763-A) | |
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Relates to premium reductions of commercial risk insurance policies covering for-hire vehicles and a for-hire motor vehicle safety program. |
A00959 Actions:
BILL NO | A00959 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/06/2021 | referred to insurance | |||||||||||||||||||||||||||||||||||||||||||||||||
01/12/2021 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
01/12/2021 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/12/2021 | rules report cal.5 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/12/2021 | ordered to third reading rules cal.5 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/12/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/12/2021 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
01/12/2021 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/20/2021 | SUBSTITUTED FOR S894 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/20/2021 | 3RD READING CAL.47 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/20/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/20/2021 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/27/2021 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
01/28/2021 | signed chap.4 |
A00959 Committee Votes:
Cahill | Aye | Blankenbush | Aye | ||||||
Cook | Aye | Hawley | Aye | ||||||
Pretlow | Aye | Byrne | Aye | ||||||
Rivera | Aye | Schmitt | Aye | ||||||
Cymbrowitz | Aye | Palmesano | Aye | ||||||
Lavine | Aye | DiPietro | Aye | ||||||
Steck | Aye | Gandolfo | Aye | ||||||
Dilan | Aye | ||||||||
Hunter | Aye | ||||||||
Niou | Aye | ||||||||
Rosenthal | Aye | ||||||||
Stern | Aye | ||||||||
McDonald | Aye | ||||||||
Jacobson | Aye | ||||||||
Williams | Aye | ||||||||
Meeks | Aye | ||||||||
Forrest | Aye | ||||||||
Anderson | Aye | ||||||||
Heastie | Excused | Barclay | Aye | ||||||
Gottfried | Aye | Hawley | Aye | ||||||
Nolan | Aye | Giglio | Aye | ||||||
Weinstein | Aye | Blankenbush | Aye | ||||||
Pretlow | Aye | Norris | Aye | ||||||
Cook | Aye | Montesano | Aye | ||||||
Glick | Aye | Ra | Aye | ||||||
Aubry | Aye | Brabenec | Aye | ||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Paulin | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Thiele | Aye | ||||||||
Braunstein | Aye | ||||||||
Dickens | Aye | ||||||||
Davila | Aye | ||||||||
Go to top
A00959 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Abinanti
Yes
Colton
ER
Gallagher
Yes
Lawler
Yes
Perry
Yes
Simpson
Yes
Anderson
Yes
Conrad
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smith
Yes
Angelino
Yes
Cook
Yes
Gandolfo
Yes
Lunsford
Yes
Pichardo
Yes
Smullen
Yes
Ashby
Yes
Cruz
Yes
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
Yes
Aubry
Yes
Cusick
Yes
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Forrest
Yes
Barclay
Yes
Cymbrowitz
Yes
Glick
Yes
Mamdani
Yes
Ra
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Rajkumar
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Goodell
Yes
McDonald
Yes
Ramos
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
Yes
Gottfried
Yes
McDonough
Yes
Reilly
Yes
Tague
Yes
Benedetto
Yes
DeStefano
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Taylor
Yes
Blankenbush
Yes
Dilan
Yes
Hawley
Yes
Mikulin
Yes
Rivera J
Yes
Thiele
Yes
Brabenec
Yes
Dinowitz
Yes
Hevesi
Yes
Miller B
Yes
Rivera JD
Yes
Vanel
Yes
Braunstein
Yes
DiPietro
Yes
Hunter
Yes
Miller M
Yes
Rodriguez
Yes
Walczyk
Yes
Bronson
Yes
Durso
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Walker
Yes
Brown
Yes
Eichenstein
Yes
Jackson
Yes
Montesano
Yes
Rosenthal L
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jacobson
Yes
Morinello
Yes
Rozic
Yes
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jean-Pierre
Yes
Niou
Yes
Salka
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jensen
Yes
Nolan
Yes
Santabarbara
Yes
Weprin
Yes
Buttenschon
Yes
Fall
Yes
Jones
Yes
Norris
Yes
Sayegh
Yes
Williams
Yes
Byrne
Yes
Fernandez
Yes
Joyner
Yes
O'Donnell
Yes
Schmitt
Yes
Woerner
Yes
Byrnes
Yes
Fitzpatrick
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zebrowski
Yes
Cahill
Yes
Friend
Yes
Kim
Yes
Palmesano
Yes
Septimo
Yes
Zinerman
Yes
Carroll
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A00959 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A959 SPONSOR: Hyndman
  TITLE OF BILL: 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 chapter   PURPOSE OR GENERAL IDEA OF BILL: This bill would make clarifying changes to chapter 347 of the laws of 2020 to permit associations representing for-hire motor vehicles to establish and implement comprehensive educational programs to promote for-hire motor vehicle safety and to ensure that insureds that elect to complete a for-hire vehicle safety course may also remain eligible for the national / defensive driving course and the associated premium rate reduction on their personal motor vehicle policy.   SUMMARY OF PROVISIONS: Section one of the bill is amended to require approval of all for-hire safety driving courses by the Commissioner of Motor Vehicles. Sections two and three of the bill would ensure that for-hire vehicle drivers that elect to take and complete a for-hire vehicle safety course can receive a premium rate reduction on their commercial vehicle policy and still be eligible for a personal motor vehicle policy reduction if such individuals were to take and complete the national defensive driv- ing course. Section four of the bill would make technical edits. Section five of the bill would amend the vehicle and traffic law to require the Commissioner of Motor Vehicles to evaluate and approve all for-hire safety courses. Section six would provide for the effective date.   JUSTIFICATION: Section 370 of the Vehicle and Traffic Law requires minimum liability coverages for for-hire vehicles based on carrying capacity. Part III of Chapter 59 of the Laws of 2019 increased the liability coverage required for for-hire vehicles with a capacity of eight or more persons to a minimum of $1.5 million. This has resulted in increases in the rates of premiums for this coverage. In order to make this coverage more affordable, the underlying bill authorized associations representing for-hire vehicles with a capacity of eight or more persons to create comprehensive vehicle safety programs and requires insurers to provide actuarially appropriate premium reductions to insureds that successfully complete these safety programs. This bill language was negotiated in order to ensure that drivers that elect to take the for hire safety driving course and receive an actual early appropriate premium rate reduction on their commercial auto policy may also remain eligible for a premium rate reduction on their personal auto policy upon completion of the national defensive driving course. In this way, more affordable coverage can be available for these drivers while still allowing for the standard defensive driving course reduction on personal auto insurance policies.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately and shall apply to all policies issued, renewed, modified, altered or amended the sixtieth day following the effective date of this act.
A00959 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 959 2021-2022 Regular Sessions IN ASSEMBLY (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: 1 Section 1. Subsection (d) of section 2353 of the insurance law, as 2 added by a chapter of the laws of 2020 amending the insurance law relat- 3 ing to establishing the for-hire motor vehicle safety program as 4 proposed in legislative bills numbers S. 7881 and A. 9763-A, is amended 5 to read as follows: 6 (d) The superintendent shall provide for an actuarially appropriate 7 reduction for a period of three years in the rates of premiums for 8 commercial risk insurance applicable to motor vehicles engaged in the 9 business of carrying or transporting passengers for-hire, having a seat- 10 ing capacity of not less than eight passengers, for each triennial 11 completion of a course of instruction on for-hire motor vehicle safety 12 as authorized pursuant to this section. The [superintendent] commis- 13 sioner of motor vehicles shall evaluate and approve any for-hire vehicle 14 safety program created pursuant to this section within sixty days of the 15 effective date of this section. 16 § 2. Subsection (f) of section 2353 of the insurance law is relettered 17 subsection (g) and a new subsection (f) is added to read as follows: 18 (f) Any insured who successfully completes a course of instruction on 19 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. LBD07186-01-1A. 959 2 1 premium reduction on the insured's commercial risk insurance policy 2 covering the for-hire vehicle shall not, during the period set forth in 3 subsection (e) of this section, also be eligible for an additional 4 premium reduction on the insured's commercial risk insurance policy 5 covering the for-hire vehicle for successful completion of the motor 6 vehicle accident prevention course, known as the national safety coun- 7 cil's defensive driving course, or any driver improvement course 8 approved by the department of motor vehicles as being equivalent to the 9 national safety council's defensive driving course, authorized under 10 section two thousand three hundred thirty-six of this article. 11 § 3. Subsection (a) of section 2336 of the insurance law, as amended 12 by chapter 751 of the laws of 2005, is amended to read as follows: 13 (a) (1) Any schedule of rates or rating plan for motor vehicle liabil- 14 ity and collision insurance submitted to the superintendent shall 15 provide for an actuarially appropriate reduction in premium charges for 16 any insured for a three year period after successfully completing a 17 motor vehicle accident prevention course, known as the national safety 18 council's defensive driving course, or any driver improvement course 19 approved by the department of motor vehicles as being equivalent to the 20 national safety council's defensive driving course, provided that, 21 except as provided in article twelve-C of the vehicle and traffic law, 22 there shall be no reduction in premiums for a [self instruction] self- 23 instruction defensive driving course or a course [which] that does not 24 provide for actual classroom instruction for a minimum number of hours 25 as determined by the department of motor vehicles. Such reduction in 26 premium charges shall be subsequently modified to the extent appropri- 27 ate, based upon analysis of loss experience statistics and other rele- 28 vant factors. All such accident prevention courses shall be monitored by 29 the department of motor vehicles and shall include components of 30 instruction in "Road Rage" awareness and in "Work Zone Safety" awareness 31 as defined by the commissioner of motor vehicles. The provisions of this 32 section shall not apply to attendance at a program pursuant to article 33 twenty-one of the vehicle and traffic law as a result of any traffic 34 infraction. 35 (2) Any insured who successfully completes a course pursuant to this 36 subsection and receives a premium reduction on the insured's insurance 37 policy covering the for-hire vehicle, shall not, during the period set 38 forth in subsection (e) of section two thousand three hundred fifty- 39 three of this article, also be eligible for an additional premium 40 reduction on the insured's commercial risk insurance policy covering the 41 for-hire motor vehicle for successful completion of the for-hire safety 42 motor vehicle course authorized under section two thousand three hundred 43 fifty-three of this article. 44 § 4. Subsection (a) of section 2336 of the insurance law, as amended 45 by chapter 585 of the laws of 2002, is amended to read as follows: 46 (a) (1) Any schedule of rates or rating plan for motor vehicle liabil- 47 ity and collision insurance submitted to the superintendent shall 48 provide for an actuarially appropriate reduction in premium charges for 49 any insured for a three year period after successfully completing a 50 motor vehicle accident prevention course, known as the national safety 51 council's defensive driving course, or any driver improvement course 52 approved by the department of motor vehicles as being equivalent to the 53 national safety council's defensive driving course, provided that in 54 either event there shall be no reduction in premiums for a [self55instruction] self-instruction defensive driving course or a course 56 [which] that does not provide for actual classroom instruction for aA. 959 3 1 minimum number of hours as determined by the department of motor vehi- 2 cles. Such reduction in premium charges shall be subsequently modified 3 to the extent appropriate, based upon analysis of loss experience 4 statistics and other relevant factors. All such accident prevention 5 courses shall be monitored by the department of motor vehicles and shall 6 include components of instruction in "Road Rage" awareness and in "Work 7 Zone Safety" awareness as defined by the commissioner of motor vehicles. 8 The provisions of this section shall not apply to attendance at a 9 program pursuant to article twenty-one of the vehicle and traffic law as 10 a result of any traffic infraction. 11 (2) Any insured who successfully completes a course pursuant to this 12 subsection and receives a premium reduction on the insured's insurance 13 policy covering the for-hire vehicle, shall not, during the period set 14 forth in subsection (e) of section two thousand three hundred fifty- 15 three of this article, also be eligible for an additional premium 16 reduction on the insured's commercial risk insurance policy covering the 17 for-hire motor vehicle for successful completion of the for-hire safety 18 motor vehicle course authorized under section two thousand three hundred 19 fifty-three of this article. 20 § 5. The vehicle and traffic law is amended by adding a new section 21 397-c to read as follows: 22 § 397-c. For-hire motor vehicle safety program. The commissioner shall 23 evaluate and approve any for-hire motor vehicle safety program created 24 pursuant to section two thousand three hundred fifty-three of the insur- 25 ance law within sixty days of the effective date of such section. 26 § 6. Section 2 of a chapter of the laws of 2020 amending the insurance 27 law relating to establishing the for-hire motor vehicle safety program 28 as proposed in legislative bills numbers S. 7881 and A. 9763-A, is 29 amended to read as follows: 30 § 2. This act shall take effect [immediately and shall apply to all31policies issued, renewed, modified, altered or amended on or after the32sixtieth day following the effective date of this act] on the sixtieth 33 day after it shall have become a law. 34 § 7. This act shall take effect immediately; provided, however, that 35 sections one, two, three and five of this act shall take effect on the 36 same date and in the same manner as a chapter of the laws of 2020 amend- 37 ing the insurance law relating to establishing the for-hire motor 38 vehicle safety program as proposed in legislative bills numbers S. 7881 39 and A. 9763-A, takes effect; and provided further that the amendments 40 to subsection (a) of section 2336 of the insurance law made by section 41 three of this act shall be subject to the expiration and reversion of 42 such subsection when upon such date the provisions of section four of 43 this act shall take effect.
A00959 LFIN:
  | NO LFIN |
A00959 Chamber Video/Transcript:
1-12-21 | Video (@ 00:31:07) | Transcript pdf | Transcript html |