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.

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A5445-2011 Actions

• Jan 4, 2012: referred to transportation
• Feb 18, 2011: referred to transportation

A5445-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5445

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              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:


    Section  1.  Article  11  of the vehicle and traffic law is amended by
  adding a new section 389 to read as follows:

    S 389. ACCIDENT RESPONSE SERVICE FEE. 1. AS USED IN THIS SECTION:

    (A) "ACCIDENT RESPONSE SERVICE  FEE"  MEANS  A  FEE  IMPOSED  FOR  THE
  RESPONSE  OR INVESTIGATION OF A MOTOR VEHICLE ACCIDENT BY A LAW ENFORCE-
  MENT AGENCY; AND
    (B) "ENTITY" MEANS:

    (I) THE STATE;
    (II) A POLITICAL SUBDIVISION OF THE STATE, INCLUDING:

    A. A COUNTY;
    B. A CITY;
    C. A BOROUGH;
    D. AN INCORPORATED TOWN;
    E. A TOWNSHIP; OR
    F. A HOME-RULED MUNICIPALITY; AND
    (III) ANY GOVERNMENTAL ENTITY OR AGENCY OR  DEPARTMENT  OF  A  GOVERN-
  MENTAL ENTITY OR AGENCY.
    2.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, A PERSON OR
  ENTITY SHALL NOT IMPOSE AN ACCIDENT RESPONSE SERVICE FEE ON OR  FROM  AN
  INSURANCE  COMPANY, THE DRIVER OR OWNER OF A MOTOR VEHICLE, OR ANY OTHER
  PERSON.
    S 2. This act shall take effect on the one hundred eightieth day after
  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