Sponsor: BRESLIN

Committee: INSURANCE

Law Section: Insurance Law

S4320 Summary

S4320 Actions

S4320 Memo

 BILL NUMBER:  S4320

 TITLE OF BILL :

An act to amend the insurance law, in relation to reducing the cost of
auto insurance for any automobile equipped with side door airbags


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would allow for premium reductions for non-commercial
private passenger vehicles equipped with side door inflatable
restraint systems (airbags).

 SUMMARY OF PROVISIONS :

Section 1. Amends Section 2336 of the Insurance Law by adding new
subsection (i) that would give any schedule or rating plan for
non-commercial private passenger automobile insurance an appropriate
reduction in premium charges for personal injury protection and
medical payment coverage's with respect to any insured vehicle
equipped with a side door inflatable restraint system (airbags), which
meet federal or appropriate equivalent standards. Provides that with
respect to vehicles other than non-commercial private passenger
vehicle, any schedule rating plan may include an appropriate premium
credit, which reflects the existence of a side door inflatable
restraint system.

Section 2. Effective Date

 JUSTIFICATION :

Studies show that side airbags which protect people's heads, reduce
driver deaths in drivers side-struck cars by an estimated 37 percent.
Airbags that protect the chest and abdomen but not the head, while
still protecting the passengers, reduce deaths by only 26 percent.
New York State law currently provides for premium reductions for
vehicles equipped with passenger and driver side airbags. Since there
is clearly a reduction in passenger injuries and deaths with vehicles
equipped with side door airbags, this legislation aims to address
those benefits with appropriate premium reductions.

 PRIOR LEGISLATIVE HISTORY :

2008: S.7939 (Referred to Senate Insurance Committee)

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately after it shall have become a
law.

S4320 Text

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4320

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    April 22, 2009
                                      ___________

       Introduced  by  Sen. BRESLIN -- 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 reducing the  cost  of
         auto insurance for any automobile equipped with side door airbags

         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 PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM
    5  CHARGES FOR PERSONAL INJURY PROTECTION  AND  MEDICAL  PAYMENT  COVERAGES
    6  WITH RESPECT TO ANY INSURED VEHICLE EQUIPPED WITH A SIDE DOOR INFLATABLE
    7  RESTRAINT  SYSTEM  (AIRBAGS).  SUCH  DISCOUNT  SHALL  APPLY TO SIDE DOOR
    8  INFLATABLE RESTRAINT SYSTEMS THAT MEET APPLICABLE FEDERAL OR APPROPRIATE
    9  EQUIVALENT STANDARDS. WITH RESPECT TO VEHICLES OTHER THAN NON-COMMERCIAL
   10  PRIVATE PASSENGER AUTOMOBILES, ANY SCHEDULE RATING PLAN MAY  INCLUDE  AN
   11  APPROPRIATE  PREMIUM  CREDIT,  WHICH REFLECTS THE EXISTENCE OF SUCH SIDE
   12  DOOR INFLATABLE RESTRAINT SYSTEM.
   13    S 2. This act shall take effect immediately.





        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11218-01-9