Senate Bill S438

2017-2018 Legislative Session

Provides for a 5% automobile insurance premium reduction for non-commercial passenger motor vehicles equipped with an operating dashboard camera

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S438 (ACTIVE) - Details

See Assembly Version of this Bill:
A2629
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §2336, add §5110, Ins L; amd §§301 & 375, add §322, V & T L; add §4549, CPLR; add §60.80, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6785, A10392
2019-2020: A5132
2021-2022: A2673
2023-2024: A4341

2017-S438 (ACTIVE) - 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

2017-S438 (ACTIVE) - Sponsor Memo

2017-S438 (ACTIVE) - 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
              

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