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:

  Section 1. Section 2336 of the insurance law is amended  by  adding  a
new subsection (i) to read as follows:
  (I)  ANY  SCHEDULE OR RATING PLAN FOR NON-COMMERCIAL PRIVATE PASSENGER
AUTOMOBILE INSURANCE MAY ALSO 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 AUTOMO-
TIVE SAFETY MONITORING DEVICE.
  (1) FOR THE PURPOSES OF THIS SUBSECTION:
  (A) (I) "AUTOMOTIVE SAFETY MONITORING DEVICE" SHALL  MEAN  A  TRACKING
DEVICE,  GLOBAL  POSITIONING SYSTEM RECEIVER OR EVENT DATA RECORDER THAT
IS INSTALLED ON AN AUTOMOBILE THAT ALLOWS A DRIVER OR  A  MINOR  CHILD'S
PARENT  OR  GUARDIAN  TO  MONITOR VEHICLE SPEED, ACCELERATION OR BRAKING
PATTERNS, DISTANCE OR DIRECTION TRAVELED, THE NUMBER  OF  PASSENGERS  IN
SUCH AUTOMOBILE, WHETHER PASSENGERS ARE WEARING SEAT BELTS, THE LOCATION
OF  THE AUTOMOBILE OR OTHER SAFETY INDICIA WHEN SUCH AUTOMOBILE IS BEING
OPERATED BY AN AUTHORIZED MINOR OPERATOR.
  (II) SUCH DEVICE NEED NOT BE PERMANENTLY INSTALLED BUT MUST  HAVE  THE
CAPABILITY TO ACCURATELY MONITOR THE OPERATION OF THE VEHICLE AND NOTIFY
PARENTS  OR  GUARDIANS  OF  THE LOCATION OF SUCH AUTOMOBILE OR OF UNSAFE
VEHICULAR MOVEMENTS THAT ARE OCCURRING WHILE SUCH VEHICLE IS  UNDER  THE
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

  (III)  SUCH DEVICE MAY INCLUDE A REMOVABLE DEVICE OR CHIP WHICH INTER-
FACES WITH THE AUTOMOBILE'S ONBOARD DIAGNOSTIC SYSTEM PORT  AND  RECORDS
DATA  FROM  THE  MANUFACTURER'S  EVENT DATA RECORDER; PROVIDED, HOWEVER,
THAT SUCH DEVICE HAS THE CAPACITY TO ACCURATELY MONITOR THE OPERATION OF
THE AUTOMOBILE.
  (B)  "MINOR  CHILD"  SHALL  MEAN  A PERSON UNDER THE AGE OF TWENTY-TWO
YEARS WHO HOLDS A LICENSE TO OPERATE A MOTOR VEHICLE.
  (2) THE SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER OF
MOTOR VEHICLES, PROMULGATE RULES AND REGULATIONS TO ESTABLISH QUALIFICA-
TIONS AND STANDARDS FOR THE APPROVAL, UTILIZATION  AND  INSTALLATION  OF
AUTOMOTIVE SAFETY MONITORING DEVICES.
  (3)  NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO PREVENT AN AUTO-
MOBILE INSURER FROM  PROVIDING  ACTUARIALLY  APPROPRIATE  REDUCTIONS  IN
PREMIUM  CHARGES FOR BODILY INJURY LIABILITY, PROPERTY DAMAGE LIABILITY,
PERSONAL INJURY PROTECTION, MEDICAL PAYMENTS AND COLLISION COVERAGE  FOR
COMMERCIAL  AUTOMOBILE  INSURANCE  POLICIES  TO  ANY OTHER INSURED WHOSE
AUTOMOBILE IS EQUIPPED WITH AUTOMOTIVE SAFETY MONITORING DEVICES.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to all
policies issued, renewed, modified, altered or amended on or after  such
date;  provided  that  any  and  all rules and regulations and any other
measures necessary to implement any provision of this act on its  effec-
tive date may be promulgated and taken on or before such effective date.