Bill Text: NY S04775 | 2021-2022 | 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) 2022-01-05 - REFERRED TO INSURANCE [S04775 Detail]

Download: New_York-2021-S04775-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4775

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 11, 2021
                                       ___________

        Introduced  by  Sen. REICHLIN-MELNICK -- 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.
    23    (iii) Such device may include a removable device or chip which  inter-
    24  faces  with  the automobile's onboard diagnostic system port and records

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08274-01-1
        S. 4775                             2

     1  data from the manufacturer's event  data  recorder;  provided,  however,
     2  that such device has the capacity to accurately monitor the operation of
     3  the automobile.
     4    (B)  "Minor  child"  shall  mean  a person under the age of twenty-two
     5  years who holds a license to operate a motor vehicle.
     6    (2) The superintendent shall, in consultation with the commissioner of
     7  motor vehicles, promulgate rules and regulations to establish qualifica-
     8  tions and standards for the approval, utilization  and  installation  of
     9  automotive safety monitoring devices.
    10    (3)  Nothing in this subsection shall be construed to prevent an auto-
    11  mobile insurer from  providing  actuarially  appropriate  reductions  in
    12  premium  charges for bodily injury liability, property damage liability,
    13  personal injury protection, medical payments and collision coverage  for
    14  commercial  automobile  insurance  policies  to  any other insured whose
    15  automobile is equipped with automotive safety monitoring devices.
    16    § 2. This act shall take effect on the first of January next  succeed-
    17  ing  the date on which it shall have become a law and shall apply to all
    18  policies issued, renewed, modified, altered or amended on or after  such
    19  date.    Effective  immediately the addition, amendment and/or repeal of
    20  any rule or regulation necessary for the implementation of this  act  on
    21  its  effective date are authorized to be made and completed on or before
    22  such date.