Bill Text: NY A00803 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 803 (Prior Session Legislation)

Introduced

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 [A00803 Detail]

Download: New_York-2013-A00803-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          803
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. WEPRIN -- read once and referred 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
       A. 803                              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.