S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4209
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06240-01-9

 A. 4209                             2
 
 DATA  FROM  THE  MANUFACTURER'S  EVENT DATA RECORDER; PROVIDED, HOWEVER,
 THAT SUCH DEVICE HAS THE CAPACITY TO ACCURATELY MONITOR THE OPERATION OF
 THE AUTOMOBILE.
   (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.