Bill Text: NY S02001 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires any schedule or rating plan for non-commercial private passenger automobile insurance to provide for an actuarially appropriate reduction in premium charges for bodily injury liability, property damage liability, personal injury protection, medical payments and collision coverage with respect to automobiles equipped with an automotive safety monitoring device for parental monitoring of drivers under the age of 22; establishes qualifications and standards for the approval, utilization and installation of such devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO INSURANCE [S02001 Detail]

Download: New_York-2013-S02001-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2001
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sen. CARLUCCI -- 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  providing  premium
         reductions  for non-commercial motor vehicles equipped with automotive
         safety monitoring devices
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  2336 of the insurance law is amended by adding a
    2  new subsection (i) to read as follows:
    3    (I) ANY SCHEDULE OR RATING PLAN FOR NON-COMMERCIAL  PRIVATE  PASSENGER
    4  AUTOMOBILE  INSURANCE  MAY  ALSO  PROVIDE FOR AN ACTUARIALLY APPROPRIATE
    5  REDUCTION IN PREMIUM  CHARGES  FOR  BODILY  INJURY  LIABILITY,  PROPERTY
    6  DAMAGE  LIABILITY,  PERSONAL  INJURY  PROTECTION,  MEDICAL  PAYMENTS AND
    7  COLLISION COVERAGE WITH RESPECT TO AUTOMOBILES EQUIPPED WITH AN  AUTOMO-
    8  TIVE SAFETY MONITORING DEVICE.
    9    (1) FOR THE PURPOSES OF THIS SUBSECTION:
   10    (A)  (I)  "AUTOMOTIVE  SAFETY MONITORING DEVICE" SHALL MEAN A TRACKING
   11  DEVICE, GLOBAL POSITIONING SYSTEM RECEIVER OR EVENT DATA  RECORDER  THAT
   12  IS  INSTALLED  ON  AN AUTOMOBILE THAT ALLOWS A DRIVER OR A MINOR CHILD'S
   13  PARENT OR GUARDIAN TO MONITOR VEHICLE  SPEED,  ACCELERATION  OR  BRAKING
   14  PATTERNS,  DISTANCE  OR  DIRECTION TRAVELED, THE NUMBER OF PASSENGERS IN
   15  SUCH AUTOMOBILE, WHETHER PASSENGERS ARE WEARING SEAT BELTS, THE LOCATION
   16  OF THE AUTOMOBILE OR OTHER SAFETY INDICIA WHEN SUCH AUTOMOBILE IS  BEING
   17  OPERATED BY AN AUTHORIZED MINOR OPERATOR.
   18    (II)  SUCH  DEVICE NEED NOT BE PERMANENTLY INSTALLED BUT MUST HAVE THE
   19  CAPABILITY TO ACCURATELY MONITOR THE OPERATION OF THE VEHICLE AND NOTIFY
   20  PARENTS OR GUARDIANS OF THE LOCATION OF SUCH  AUTOMOBILE  OR  OF  UNSAFE
   21  VEHICULAR  MOVEMENTS  THAT ARE OCCURRING WHILE SUCH VEHICLE IS UNDER THE
   22  CONTROL OF A MINOR VEHICLE OPERATOR.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03932-01-3
       S. 2001                             2
    1    (III) SUCH DEVICE MAY INCLUDE A REMOVABLE DEVICE OR CHIP WHICH  INTER-
    2  FACES  WITH  THE AUTOMOBILE'S ONBOARD DIAGNOSTIC SYSTEM PORT AND RECORDS
    3  DATA FROM THE MANUFACTURER'S EVENT  DATA  RECORDER;  PROVIDED,  HOWEVER,
    4  THAT SUCH DEVICE HAS THE CAPACITY TO ACCURATELY MONITOR THE OPERATION OF
    5  THE AUTOMOBILE.
    6    (B)  "MINOR  CHILD"  SHALL  MEAN  A PERSON UNDER THE AGE OF TWENTY-TWO
    7  YEARS WHO HOLDS A LICENSE TO OPERATE A MOTOR VEHICLE.
    8    (2) THE SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER OF
    9  MOTOR VEHICLES, PROMULGATE RULES AND REGULATIONS TO ESTABLISH QUALIFICA-
   10  TIONS AND STANDARDS FOR THE APPROVAL, UTILIZATION  AND  INSTALLATION  OF
   11  AUTOMOTIVE SAFETY MONITORING DEVICES.
   12    (3)  NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO PREVENT AN AUTO-
   13  MOBILE INSURER FROM  PROVIDING  ACTUARIALLY  APPROPRIATE  REDUCTIONS  IN
   14  PREMIUM  CHARGES FOR BODILY INJURY LIABILITY, PROPERTY DAMAGE LIABILITY,
   15  PERSONAL INJURY PROTECTION, MEDICAL PAYMENTS AND COLLISION COVERAGE  FOR
   16  COMMERCIAL  AUTOMOBILE  INSURANCE  POLICIES  TO  ANY OTHER INSURED WHOSE
   17  AUTOMOBILE IS EQUIPPED WITH AUTOMOTIVE SAFETY MONITORING DEVICES.
   18    S 2. This act shall take effect on the first of January next  succeed-
   19  ing  the date on which it shall have become a law and shall apply to all
   20  policies issued, renewed, modified, altered or amended on or after  such
   21  date;  provided  that  any  and  all rules and regulations and any other
   22  measures necessary to implement any provision of this act on its  effec-
   23  tive date may be promulgated and taken on or before such effective date.