senate Bill S2683

Amended

Relates to motor vehicle liability insurance rates

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Sponsor

Bill Status


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

  • 28 / Jan / 2011
    • REFERRED TO INSURANCE
  • 14 / Feb / 2011
    • 1ST REPORT CAL.87
  • 15 / Feb / 2011
    • 2ND REPORT CAL.
  • 28 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 22 / Mar / 2011
    • AMENDED ON THIRD READING (T) 2683A
  • 16 / May / 2011
    • AMENDED ON THIRD READING 2683B
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO INSURANCE

Summary

Relates to motor vehicle liability insurance rates.

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Bill Details

See Assembly Version of this Bill:
A6287
Versions:
S2683
S2683A
S2683B
Legislative Cycle:
2011-2012
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §2335, Ins L; amd §2, Chap 277 of 2010

Votes

16
0
16
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Insurance committee vote details

Sponsor Memo

BILL NUMBER:S2683

TITLE OF BILL:
An act
to amend the insurance law and chapter 277 of the laws of 2010 amending
the insurance law relating to prohibiting surcharges for certain
automobiles accidents; in relation to motor vehicle liability insurance
rates

PURPOSE:
To address technical issues which have arisen with regard to
the implementation of chapter 277 of the laws of 2010.

SUMMARY OF PROVISIONS:
This bill would remedy certain technical issues
which have arisen in the implementation of chapter 277 of the laws of
2010. Specifically, this bill would clarify that the $2,000 accident
surcharge threshold is applicable to accidents occurring on or after
March 1, 2011. This bill would also restore the superintendent of
Insurance's authority to amend the surcharge threshold by regulation.

JUSTIFICATION:
This bill is necessary to address certain unanticipated
technical concerns which have arisen in connection with the
implementation of chapter 277 of the laws of 2010. Specifically,
this bill would ensure and codify the legislature's original intent
that there is no retroactive application of the provisions of chapter
277 of the laws of 2010. This measure would also restore the
Superintendent of Insurance's authority to amend the surcharge
threshold by regulation.

LEGISLATIVE HISTORY:
Similar to S.8519 of 2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, provided that section one of this act
shall not apply to policies entered into, modified, or renewed
between November 27, 2010 and the date on which this act shall
become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2683

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 28, 2011
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law and chapter 277 of the  laws  of  2010
  amending  the  insurance  law  relating  to prohibiting surcharges for
  certain automobiles accidents; in relation to motor vehicle  liability
  insurance rates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (a) of section 2335 of  the  insurance  law,  as
amended  by  chapter  277  of  the  laws  of 2010, is amended to read as
follows:
  (a) has had an accident ON OR AFTER MARCH FIRST, TWO  THOUSAND  ELEVEN
that  does  not  result in aggregate damage to property in excess of two
thousand dollars, provided that any policy surcharge shall be  permissi-
ble  for  any  accident  [which] THAT results in bodily injury or if the
insured has more than one accident in the merit rating experience  peri-
od.    THE  SUPERINTENDENT MAY, PURSUANT TO REGULATION, INCREASE THE TWO
THOUSAND DOLLAR THRESHOLD FOR INFLATION OR ANY OTHER  REASON  FOR  WHICH
THE  SUPERINTENDENT  DETERMINES THE INCREASE TO BE REASONABLE AND APPRO-
PRIATE.   WHENEVER THE  SUPERINTENDENT  INCREASES  THE  THRESHOLD,  SUCH
INCREASE  SHALL  APPLY  TO ACCIDENTS OCCURRING ON OR AFTER THE EFFECTIVE
DATE OF THE REGULATION. Nothing in  this  subsection  shall  change  the
dollar  amount  of the accident reporting threshold required under para-
graph one of subdivision (a) of section six hundred five of the  vehicle
and traffic law.
  S 2. Section 2 of chapter 277 of the laws of 2010, amending the insur-
ance law relating to prohibiting surcharges for certain automobile acci-
dents, is amended to read as follows:
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law provided that the amendments to section 2335
of the insurance law made by section one of this act shall expire on the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08541-01-1

S. 2683                             2

same date as such section expires[; and provided, further, that this act
shall only apply to policies entered into, modified, or  renewed  on  or
after such effective date].
  S 3. This act shall take effect immediately; provided that section one
of  this  act  shall  not  apply  to policies entered into, modified, or
renewed between November 27, 2010 and the date on which this  act  shall
become a law.

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