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

Current Bill Status - In Senate Insurance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2017 referred to insurance

S438 - Details

See Assembly Version of this Bill:
A2629
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 2015-2016 Legislative Session:
S6785A, A10392

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

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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