AB925: Bill Text

AB925,2,9 (d) Records brake performance, including, but not limited to, recording whether brakes were applied before an accident.

AB925,2,10 (e) Records whether a driver's safety belt was in use.

AB925,2,12 (f) Transmits, or has the ability to transmit, information concerning an accident involving the vehicle to a central communications system.

AB925, s. 2 Section 2. 347.365 of the statutes is created to read:

AB925,3,5 347.365 Event data recorders; disclosure; access to data. (1) A manufacturer of a vehicle that is equipped with an event data recorder and that is manufactured on or after the effective date of this subsection .... [revisor inserts date], shall disclose the existence of the event data recorder in the vehicle's owner's manual.

AB925,3,10 (2) If a vehicle is equipped, as a subscription service, with an event data recorder that is capable of transmitting information concerning an accident involving the vehicle to a central communications system, the service provider shall disclose, in writing, the existence of the event data recorder in the subscription service agreement or contract.

AB925,3,13 (3) Except as provided in s. 632.368 (3), data recorded by an event data recorder may not be downloaded or otherwise retrieved by a person other than the registered owner or long-term lessee of the vehicle, unless one of the following applies:

AB925,3,15 (a) The registered owner or lessee of the vehicle consents, in writing, to the retrieval of the information.

AB925,3,16 (b) A court in a criminal proceeding orders the retrieval of the data.

AB925,3,24 (c) The identification of the registered owner or driver of the vehicle is not disclosed, and the data is used to improve motor vehicle safety or for medical research involving the study of the human body's reaction to vehicular accidents. The disclosure of the vehicle identification number does not constitute the disclosure of the registered owner or driver of the vehicle under this paragraph. Data disclosed under this paragraph may be released for the purpose of improving motor vehicle safety or for medical research involving the study of the human body's reaction to vehicular accidents.

AB925,4,2 (d) The data is retrieved by a licensed motor vehicle dealer, service technician, or mechanic for the purpose of diagnosing, repairing, or servicing the vehicle.

AB925,4,7 (4) Any person violating this section shall be liable to any person injured thereby for twice the amount of damages sustained in consequence of such violation, or $1,000, whichever amount is greater, and for payment of reasonable attorney fees incurred by the injured person in connection with the violation. Liability under this subsection may be enforced by suit in any court of competent jurisdiction.

AB925, s. 3 Section 3. 625.12 (1) (e) of the statutes is amended to read:

AB925,4,10 625.12 (1) (e) Subject to s. ss. 632.365 and 632.368 (4) (b), all other relevant factors, including the judgment of technical personnel.

AB925, s. 4 Section 4. 625.12 (2) of the statutes is amended to read:

AB925,4,20 625.12 (2) Classification. Risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that no classifications may be based on race, color, creed, or national origin, and classifications in automobile insurance may not be based on physical condition or developmental disability as defined in s. 51.01 (5). Subject to s. ss. 632.365 and 632.368 (4) (b), rates thus produced may be modified for individual risks in accordance with rating plans or schedules that establish reasonable standards for measuring probable variations in hazards, expenses, or both. Rates may also be modified for individual risks under s. 625.13 (2).

AB925, s. 5 Section 5. 625.15 (1) of the statutes is amended to read:

AB925,5,3 625.15 (1) Rate making. An insurer may itself establish rates and supplementary rate information for one or more market segments based on the factors in s. 625.12 and, if the rates are for motor vehicle liability insurance, subject to s. ss. 632.365 and 632.368 (4) (b), or the insurer may use rates and supplementary rate information prepared by a rate service organization, with average expense factors determined by the rate service organization or with such modification for its own expense and loss experience as the credibility of that experience allows.

AB925, s. 6 Section 6. 628.34 (3) (a) of the statutes is amended to read:

AB925,5,12 628.34 (3) (a) No insurer may unfairly discriminate among policyholders by charging different premiums or by offering different terms of coverage except on the basis of classifications related to the nature and the degree of the risk covered or the expenses involved, subject to ss. 632.365, 632.368 (4) (b), 632.746, and 632.748. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, blanket or franchise policy, and terms are not unfairly discriminatory merely because they are more favorable than in a similar individual policy.

AB925, s. 7 Section 7. 631.36 (4) (am) of the statutes is renumbered 631.36 (4) (am) (intro.) and amended to read:

AB925,5,16 631.36 (4) (am) Prohibited nonrenewals. (intro.) Notwithstanding par. (a) an insurer may not refuse to renew a policy solely because of the any of the following:

AB925,5,18 1. The termination of an insurance marketing intermediary's contract with the insurer unless the insurer complies with sub. (4m).

AB925, s. 8 Section 8. 631.36 (4) (am) 2. of the statutes is created to read:

AB925,5,22 631.36 (4) (am) 2. If the policy is a motor vehicle liability insurance policy, the insured's refusal to authorize the insurer to have access to data stored in or retrieved from an event data recorder, as provided in s. 632.368 (4) (a).

AB925, s. 9 Section 9. 632.368 of the statutes is created to read:

AB925,5,25 632.368 Access to data in event data recorders. (1) Definitions. In this section:

AB925,6,1 (a) "Event data recorder" has the meaning given in s. 340.01 (15t).

AB925,6,3 (b) "Insurer" means an insurer that issues motor vehicle liability insurance policies.

AB925,6,5 (2) Prohibition on access to data. (a) Except as provided in sub. (3), an insurer may not have access to data that is stored in or retrieved from an event data recorder.

AB925,6,7 (b) Paragraph (a) does not apply to data stored in or retrieved from an event data recorder that is installed in a motor vehicle owned by the insurer.

AB925,6,12 (3) Authorization for access. An insured or applicant for insurance may authorize an insurer to have access to data stored in or retrieved from an event data recorder that is installed in a motor vehicle owned by the insured or applicant. Any authorization must be given knowingly and voluntarily in writing in a document that is separate from the insurance policy and that is signed by the insured or applicant.

AB925,6,16 (4) Prohibited actions when authorization denied. (a) An insurer may not refuse to issue or renew a motor vehicle liability insurance policy on the basis of whether the applicant or insured authorizes the insurer to have access to data stored in or retrieved from an event data recorder.

AB925,6,19 (b) An insurer may not use as a factor in determining premium rates for a motor vehicle liability insurance policy whether the applicant or insured authorizes the insurer to have access to data stored in or retrieved from an event data recorder.

AB925, s. 10 Section 10. Initial applicability.

AB925,6,25 (1) Prohibitions on access to data. If a motor vehicle liability insurance policy that is in effect on the effective date of this subsection contains a provision that is inconsistent with the treatment of section 632.368 (2) (a) and (3) of the statutes, the treatment of section 632.368 (2) (a) and (3) of the statutes first applies to that motor vehicle liability insurance policy on the date on which it is renewed.

AB925,7,1 (2) Prohibitions on insurance use of refusal to allow access to data.

AB925,7,2 (a) Coverage.

AB925,7,6 1. `Issuance.' The treatment of section 632.368 (4) (a) (with respect to not refusing to issue a motor vehicle liability insurance policy) of the statutes first applies to motor vehicle liability insurance policies that are issued on the effective date of this subdivision.

AB925,7,11 2. `Renewal.' The treatment of section 632.368 (4) (a) (with respect to not refusing to renew a motor vehicle liability insurance policy) of the statutes, the renumbering and amendment of section 631.36 (4) (am) of the statutes, and the creation of section 631.36 (4) (am) 2. of the statutes first apply to motor vehicle liability insurance policies that are renewed on the effective date of this subdivision.

AB925,7,13 (b) Rates. The treatment of sections 625.12 (1) (e) and (2), 625.15 (1), 628.34 (3) (a), and 632.368 (4) (b) of the statutes first applies to all of the following:

AB925,7,16 1. Except as provided in subdivision 2., premium rates for motor vehicle liability insurance policies that are issued or renewed on the effective date of this subdivision.

AB925,7,19 2. Premium rates that are modified on the effective date of this subdivision for motor vehicle liability insurance policies that are in effect on the effective date of this subdivision.

AB925,7,20 (End)