|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2017||referred to insurance|
senate Bill S438
Current Bill Status - In Senate Insurance Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S438 - Details
S438 - Summary
Provides for a 5% automobile insurance premium reduction for non-commercial passenger motor vehicles equipped with an operating dashboard camera; establishes means for certification of the installation of such camera; establishes civil penalties for false certification of such installation; provides for insurer review during claims settlement of the images from dashboard cameras… (view more) provides for the certification of the installation of operating dashboard cameras during the annual motor vehicle inspection; directs the commissioner of motor vehicles to establish standards for dashboard cameras; and provides for the introduction as evidence of dashboard camera images into evidence in civil and criminal proceedings.
S438 - Sponsor Memo
BILL NUMBER: S438 TITLE OF BILL : An act to amend the insurance law, the vehicle and traffic law, the civil practice law and rules, and the criminal procedure law, in relation to dashboard cameras PURPOSE : Provides for a 5% automobile insurance premium reduction for non-commercial vehicles equipped with an operating dashboard camera SUMMARY OF PROVISIONS : Section 1 adds a new subsection (i) to Section 2236 of the Insurance Law, for the purposes of establishing a discount of five percent off of the base rates of automobile liability insurance. when a customer has installed a dashboard camera in their motor vehicle. Subsection (ii) provides for civil penalties that may be waged by the insurer in the case of false certifications made by customers claiming this discount. Section 2 amends the Insurance Law by adding a new Section 5110, for the purposes of requiring an insurer to review dashboard camera footage following the receipt of a claim. The section makes clear that
S438 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 438 2017-2018 Regular Sessions I N S E N A T E (PREFILED) January 4, 2017 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance AN ACT to amend the insurance law, the vehicle and traffic law, the civil practice law and rules, and the criminal procedure law, in relation to dashboard cameras 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) (1) ANY SCHEDULE OR RATING PLAN FOR NON-COMMERCIAL PRIVATE PASSEN- GER INSURANCE SHALL PROVIDE FOR A FIVE PERCENT 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 OPERATING DASHBOARD CAMERA THAT COMPLIES WITH THE RULES AND REGULATIONS OF THE COMMISSIONER OF MOTOR VEHICLES PROMULGATED PURSUANT TO SUBDIVISION FIFTY-TWO OF SECTION THREE HUNDRED SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW. EACH INSURER MAY ESTABLISH SUCH REQUIREMENTS AS IT SHALL DEEM NECESSARY FOR THE SUBMISSION OF PROOF AND CERTIFICATION THAT SUCH A DASHBOARD CAMERA HAS BEEN INSTALLED IN THE INSURED AUTOMOBILE AND THAT SUCH CAMERA IS IN OPERATING CONDITION. THE SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER OF MOTOR VEHICLES, PROMULGATE RULES AND REGULATIONS. (2) IN ANY INSTANCE IN WHICH AN INSURED IS RECEIVING THE PREMIUM REDUCTION PROVIDED IN PARAGRAPH ONE OF THIS SUBSECTION AND THE INSURED HAS FALSELY CERTIFIED THAT HIS OR HER AUTOMOBILE IS EQUIPPED WITH AN OPERATING DASHBOARD CAMERA OR THE DASHBOARD CAMERA IS NO LONGER IN OPER- ATING CONDITION WHILE THE AUTOMOBILE IS BEING OPERATED, THE INSURER MAY IMPOSE A CIVIL PENALTY UPON SUCH INSURED EQUAL TO THE PREMIUM REDUCTION GRANTED FOR THE DASHBOARD CAMERA FOR ONE YEAR OR FOR THE PERIOD SUCH REDUCTION WAS WRONGFULLY GRANTED, WHICHEVER SHALL BE SHORTER. FURTHER- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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