Assembly Bill A9251

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9251
 
                           I N  A S S E M B L Y
 
                             February 9, 2022
                                ___________
 
 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.
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08274-01-1
 A. 9251                             2
 
   (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.
   §  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.  Effective immediately the addition, amendment  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such date.