Senate Bill S1135

2009-2010 Legislative Session

Provides for the gathering, compilation, and disclosure of slaveholder insurance policy information by the superintendent of insurance

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Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2010	notice of committee consideration - withdrawn
May 03, 2010	notice of committee consideration - requested
Jan 06, 2010	referred to insurance
Jan 26, 2009	referred to insurance

co-Sponsors

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2009-S1135 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §215, Ins L

2009-S1135 (ACTIVE) - Summary

Provides for the gathering, compilation, and disclosure of slaveholder insurance policy information by the superintendent of insurance; provides that such information shall be requested from all entities doing an insurance business in this state, including, predecessor entities; provides that such information shall be made available to the public and the legislature.

2009-S1135 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1135

 TITLE OF BILL :
An act to amend the insurance law, in relation to providing for the
gathering, compilation, and disclosure of slaveholder insurance policy
information


 PURPOSE OR GENERAL IDEA OF BILL :
To gather, compile and make available to the descendants of slaves and
to the general public important historical data on slavery.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends the Insurance law by adding a new § 215, which directs the
Superintendent of Insurance to obtain from state-regulated insurance
companies any records relating to the insurance of slaves by
slaveholders. The bill also requires insurance companies to research
and report to the Superintendent of Insurance the existence of any
records in their possession or information relating to insurance
policies issued to slaveholders that provided coverage for damages to
or death of their slaves.

Further requires the Superintendent to make available to the public
and legislature information gathered from these entities.

 JUSTIFICATION :

Insurance policies from the slavery era have been discovered in the
archives of several insurance companies. These policies document
insurance coverage for slaveholders for damage to or death of their
slaves. Some policies were issued by predecessor insurance firms that
either went out of business or were taken over by another company.
These documents provide evidence that profits from slavery provided
capital to insurers whose successors remain in existence today.

The descendants of slaves -- whose ancestors were defined under the
law as property, dehumanized, separated from their families, forced to
perform labor without compensation, and whose ancestor's owners were
compensated for damages by insurers -- are entitled to know of the
existence of such documents.

In 2000, the State of California enacted two similar proposals. The
first required the California Commissioner of Insurance to gather
archival records of insurance policies held on slaves. The second
established an academic research council to explore and identify
issues concerning the economic legacy of slavery.

New York State has a moral and legal responsibility in assuring that
similar justice is afforded to its citizens. That African-Americans
were treated as chattel is an awful reality that has shaped the
collective life of ancestors of slaves. The healing process will never
be complete unless there is full disclosure of information regarding
who profited from slavery. This proposal begins the process of
redressing the historic injustices suffered by African-Americans
through the collection and full disclosure of information relating to
insurance policies covering slaves.

 PRIOR LEGISLATIVE HISTORY :
2005-06: S.1383 - Referred to Insurance
2003-04: S.2487 - Referred to Insurance
2002: S.6749    - Referred to Insurance

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :
Undetermined.

 EFFECTIVE DATE :
Takes effect immediately.

2009-S1135 (ACTIVE) - Bill Text download pdf

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

                                  1135

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by Sens. PERKINS, DUANE, HASSELL-THOMPSON, KRUEGER, MONTGOM-
  ERY, ONORATO, PARKER -- read  twice  and  ordered  printed,  and  when
  printed to be committed to the Committee on Insurance

AN  ACT  to  amend  the  insurance law, in relation to providing for the
  gathering, compilation, and disclosure of slaveholder insurance policy
  information

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

  Section 1. The legislature finds and declares all of the following:
  (a)  Insurance  policies  from the slavery era have been discovered in
the archives  of  several  insurance  companies,  documenting  insurance
coverage for slaveholders for damage to or death of their slaves, issued
by  a  predecessor  insurance  firm.  These  documents provide the first
evidence of ill-gotten profits from slavery, which profits in part capi-
talized insurers whose successors remain in existence today.
  (b) Legislation has been introduced in Congress for more than the past
ten years demanding an inquiry into slavery and its continuing legacies.
  (c) The department of insurance is entitled to seek  information  from
the  files  of insurers doing business in this state, including licensed
New York subsidiaries of international insurance corporations, regarding
insurance policies issued to  slaveholders  by  current  or  predecessor
companies. The people of New York are entitled to significant historical
information of this nature.
  S  2. The insurance law is amended by adding a new section 215 to read
as follows:
  S 215. SLAVERY ERA INSURANCE POLICIES. 1. FOR  THE  PURPOSES  OF  THIS
SECTION,  THE  TERM  "SUBJECT  ENTITY"  MEANS AND INCLUDES ANY PERSON OR
OTHER ENTITY DOING AN INSURANCE BUSINESS IN THIS STATE AND ANY PERSON OR
ENTITY WHO OR WHICH IS OR WAS A PREDECESSOR OF ANY SUCH PERSON OR  ENTI-
TY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05110-01-9

S. 1135                             2

  2.  THE  SUPERINTENDENT  SHALL  REQUEST  AND  OBTAIN  INFORMATION FROM
SUBJECT ENTITIES REGARDING ANY RECORDS OF SLAVEHOLDER INSURANCE POLICIES
ISSUED BY THEM DURING THE SLAVERY ERA.
  3.  THE  SUPERINTENDENT  SHALL OBTAIN THE NAMES OF ANY SLAVEHOLDERS OR
SLAVES DESCRIBED IN THOSE INSURANCE RECORDS, AND SHALL MAKE THE INFORMA-
TION AVAILABLE TO THE PUBLIC AND THE LEGISLATURE.
  4. EACH SUBJECT ENTITY SHALL RESEARCH AND REPORT TO THE SUPERINTENDENT
WITH RESPECT TO ANY RECORDS WITHIN THE SUBJECT  ENTITY'S  POSSESSION  OR
KNOWLEDGE  RELATING  TO  INSURANCE  POLICIES ISSUED TO SLAVEHOLDERS THAT
PROVIDED COVERAGE FOR DAMAGE TO OR DEATH OF THEIR SLAVES.
  5. DESCENDANTS OF SLAVES, WHOSE  ANCESTORS  WERE  DEFINED  AS  PRIVATE
PROPERTY,  DEHUMANIZED,  DIVIDED  FROM THEIR FAMILIES, FORCED TO PERFORM
LABOR WITHOUT APPROPRIATE COMPENSATION OR BENEFITS, AND WHOSE ANCESTORS'
OWNERS WERE COMPENSATED FOR DAMAGES BY INSURERS, ARE  ENTITLED  TO  FULL
DISCLOSURE.
  6.  THE  SUPERINTENDENT  SHALL  PROMULGATE  ANY  RULES AND REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect immediately.

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Senate Bill S1135

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Archive: Last Bill Status - In Senate Committee Insurance Committee

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co-Sponsors

2009-S1135 (ACTIVE) - Details

2009-S1135 (ACTIVE) - Summary

2009-S1135 (ACTIVE) - Sponsor Memo

2009-S1135 (ACTIVE) - Bill Text download pdf

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Sponsored By

Bill Perkins

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

co-Sponsors

Thomas K. Duane

Ruth Hassell-Thompson

Liz Krueger

Velmanette Montgomery

2009-S1135 (ACTIVE) - Details

2009-S1135 (ACTIVE) - Summary

2009-S1135 (ACTIVE) - Sponsor Memo

2009-S1135 (ACTIVE) - Bill Text download pdf

Comments