BILL NUMBER: S7856
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the insurance law, in relation to components of instruc-
tion for accident prevention courses
 
PURPOSE:
To add portable electronic device awareness and cannabis use awareness
as required components of accident prevention courses
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 2336 of the insurance law to add portable
electronic device awareness and cannabis use awareness as required
components of accident prevention courses.
Section 2: Amends section 2336 of the insurance law to add portable
electronic device awareness and cannabis use awareness as required
components of accident prevention courses.
Section: Establishes the effective date
 
JUSTIFICATION:
Auto Insurance rates have been rising year over year, and a primary cost
driver of auto insurance premium increases is an uptick of risky behav-
ior of drivers. These behaviors include the use of Cannabis within an
hour of driving, and the use of portable electronic devices while driv-
ing.
New York state policymakers and insurance companies have supported motor
vehicle accident prevention courses as effective ways to educate drivers
on the dangers of driving. Drivers are encouraged to take these courses
through insurance companies offering reduced premiums for course
completion. These driver safety education programs offered by insurance
companies, as authorized in state law, are shown to be effective due to
their correlation with risk reduction, and impact on lowering accident
rates.
Particularly in New York, where adult and medical Cannabis use was
recently legalized, rates of accidents and law enforcement encounters
involving drivers who are under the influence of Cannabis has spiked.
This ultimately makes costs of insuring drivers in this state higher for
everyone. Across the U.S., Cannabis is reported to be the third most
commonly used substance after nicotine and alcohol.
A recent AAA study (see: haps://aaafoundation.orglexamination-of-ca
inabis-users-perceptionsand-self-reporied-behaviors-to-inform-messaging-
to-deter-impaired-drivingl ) alarmingly showed that more than 53% of
Cannabis users drove within an hour of consuming it, and over 60% of
Cannabis users who drive hold the perception that their driving is
either the same or better after use. Medical evidence of using Cannabis,
a psychotropic drug, and rising accident rates have shown otherwise.
According to data collected by the Federal Highway Administration, over
a third of drivers admit to driving while holding and talking on a cell
phone, and to reading a text or email on a cell phone. While New York
has outlawed this behavior while driving, it persists on our roadways
and is still a significant cause of accidents.
By ensuring that drivers who take existing drivers safety courses
offered by insurance companies are receiving up to date information and
a special focus on Cannabis use and Portable Electronic Device use while
driving, our roads will get safer, and public awareness of the high risk
of these behaviors will be better understood. This ultimately will bene-
fit both public safety and drive a reduction in auto insurance costs as
drivers engage in safer road behavior.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to paragraph 1 of subsection (a) of section 2336 of the
insurance law made by section one of this act shall be subject to the
expiration and reversion of such subsection pursuant to section 5 of
chapter 751 of the laws of 2005, as amended, when upon such date the
provisions of section two of this act shall take effect.

Statutes affected:
S7856: 2336 insurance law, 2336(a) insurance law