February 19, 2003
HOUSE BILL No. 1499
_____
DIGEST OF HB 1499
(Updated February 13, 2003 2:11 PM - DI 97)
Citations Affected: IC 9-27; IC 27-1.
Synopsis: Insurance discounts for driver safety courses. Provides that
a motor vehicle insurance rate or rating plan must provide for a
reduction in premium charges for certain drivers who complete a motor
vehicle accident prevention course approved by the bureau of motor
vehicles. (Current law authorizes a reduction in premium charges but
does not require it.) Requires the bureau of motor vehicles to establish
standards for approval of a motor vehicle accident prevention course.
Effective: July 1, 2003.
Welch
January 15, 2003, read first time and referred to Committee on Insurance, Corporations and
Small Business.
February 18, 2003, amended, reported _ Do Pass.
February 19, 2003
First Regular Session 113th General Assembly (2003)
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HOUSE BILL No. 1499
A BILL FOR AN ACT to amend the Indiana Code concerning
insurance.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-27-6; (03)HB1499.1.1. -->
SECTION 1. IC 9-27-6 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]:
Chapter 6. Motor Vehicle Accident Prevention Courses for
Senior Drivers
Sec. 1. The bureau of motor vehicles shall adopt rules under
IC 4-22-2 establishing the following:
(1) Standards that a motor vehicle accident prevention course
must meet in order for motor vehicle operators who
successfully complete the course to qualify for the reduction
in premium charges required by IC 27-1-22-3.1.
(2) A procedure under which the person that offers or
proposes to offer a motor vehicle accident prevention course
may apply for the bureau's approval of the course.
Sec. 2. The standards established under section 1 of this chapter
must ensure that a motor vehicle accident prevention course:
(1) provides information; and
(2) develops or enhances skills;
that will enable individuals who are at least fifty-five (55) years of
age to operate a motor vehicle more safely.
Sec. 3. The standards established under section 1 of this chapter
must require the issuance of a certificate of completion to an
individual who successfully completes the course.
Sec. 4. The bureau shall, upon application, approve a motor
vehicle accident prevention course that meets the standards
established under section 1 of this chapter.
SOURCE: IC 27-1-22-3.1; (03)HB1499.1.2. -->
SECTION 2. IC 27-1-22-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3.1. (a) As used in this
section, "motor vehicle insurance" means any type of insurance
described in IC 27-1-5-1, Class 2(f).
(b) A motor vehicle insurance rate,
rating plan, rating schedule,
or manual of classifications, rules, and rates that is filed under
section 4 of this chapter
may must provide for an appropriate reduction
in premium charges for
the liability coverage, medical payment
coverage, and collision coverage of a
motor vehicle insurance policy
if the principal operator of the motor vehicle covered under the policy:
(1) is at least fifty-five (55) years of age; and
(2) has, within three (3) years before the issuance or renewal of
the policy, successfully completed a motor vehicle accident
prevention course approved by the bureau of motor vehicles
under IC 9-27-6.
(c)
A reduction in premium charges by an insurer under this
section is presumed to be appropriate unless the commissioner
determines under IC 4-21.5, based upon a preponderance of
credible data, that the reduction is not appropriate.
(d) A reduction in premium charges provided by an insurer
under this section must remain in effect for three (3) years after the
principal operator of the motor vehicle covered under the motor
vehicle insurance policy successfully completes a motor vehicle
accident prevention course approved by the bureau of motor
vehicles under IC 9-27-6.
(e) At the end of a three (3) year period during which a
reduction in premium charges is in effect under this section, the
reduction in premium charges must be renewed if the principal
operator of the motor vehicle covered under the motor vehicle
insurance policy, before the end of the three (3) year period, again
takes and successfully completes a motor vehicle accident
prevention course approved by the bureau of motor vehicles under
IC 9-27-6. Upon renewal, a reduction in premium charges must
remain in effect for three (3) years.
(f) A reduction in premium charges need not be provided under this
section if the principal operator of the motor vehicle covered under the
policy participated in the motor vehicle accident prevention course
under the order of a court.
(d) (g) This section does not prevent an insurer from withholding or
rescinding the reduction in premium charges for a motor vehicle
insurance policy if the principal operator of the motor vehicle covered
under the policy is involved in a motor vehicle accident for which the
principal operator is at fault.