senate Bill S3316A

2011-2012 Legislative Session

Relates to motorcycle insurance policies

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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 06, 2012 advanced to third reading
Jun 05, 2012 2nd report cal.
Jun 04, 2012 1st report cal.990
Jan 04, 2012 referred to insurance
returned to senate
died in assembly
Jun 20, 2011 referred to insurance
delivered to assembly
passed senate
Jun 13, 2011 advanced to third reading
amended 3316a
Jun 07, 2011 2nd report cal.
Jun 06, 2011 1st report cal.1021
Feb 16, 2011 referred to insurance

Votes

view votes

Jun 4, 2012 - Insurance committee Vote

S3316A
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Insurance committee vote details

Insurance Committee Vote: Jun 4, 2012

excused (1)

Jun 6, 2011 - Insurance committee Vote

S3316
14
0
committee
14
Aye
0
Nay
3
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 6, 2011

aye wr (3)
absent (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3316 - Bill Details

See Assembly Version of this Bill:
A5381A
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §5103, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S8489

S3316 - Bill Texts

view summary

Relates to motorcycle insurance policies and requires owners' policies of liability to inform the insured that motor vehicle no-fault insurance does not apply to motorcycles and that state uninsured motorist coverage is available in the alternative.

view sponsor memo
BILL NUMBER:S3316

TITLE OF BILL:
An act
to amend the insurance law, in relation to motorcycle insurance policies

PURPOSE:
To ensure that the owners of motorcycles are aware that automobile no
fault Insurance law does not apply to motorcycles and that New York
State underinsured motorist coverage is available.

SUMMARY OF PROVISIONS:
Section 1 - Provides that insurance companies provide policy language
advising motorcyclists that no fault insurance provisions for
automobiles do not apply to motorcycles and that, as an alternative,
state under insured motorist coverage is available; and requires that
motorcyclists who refuse state underinsured motorist coverage sign a
statement confirming they were informed of the availability of that
coverage.

Section 2 - Sets the effective date.

JUSTIFICATION:
Motorcyclists currently do not have coverage for actual damages and
lost wages if they do not possess State under insured motorist
coverage which puts assets at risk and/or leaves judgments for
damages unpaid.

This bill will encourage motorcyclists to obtain this insurance by
ensuring that they are aware of the potential risk in not possessing
state under insured motorist coverage and also afford protection for
individuals who seek damages which damages might otherwise not be
collected.

LEGISLATIVE HISTORY:
S.8489 (2010)

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
The 120th day after it shall have become law or on such date that any
rules and regulations necessary to implement the provisions of this
act are authorized to be promulgated and shall become effective.

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

                                  3316

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 16, 2011
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  GRIFFO,  LARKIN  --  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 motorcycle insurance
  policies

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

  Section  1.  Section  5103 of the insurance law is amended by adding a
new subsection (f-1) to read as follows:
  (F-1) EVERY OWNER'S POLICY OF LIABILITY INSURANCE ISSUED ON A MOTORCY-
CLE IN SATISFACTION OF THE REQUIREMENTS OF ARTICLE SIX OR EIGHT  OF  THE
VEHICLE AND TRAFFIC LAW OR SECTION TWENTY-FOUR HUNDRED SEVEN OF SUCH LAW
SHALL:
  (1)  INFORM THE INSURED THAT NO-FAULT INSURANCE PROVISIONS FOR AUTOMO-
BILES OR MOTOR VEHICLES DO NOT APPLY TO MOTORCYCLES AND THAT STATE UNDE-
RINSURED MOTORIST COVERAGE IS AVAILABLE, AND THAT THE LACK  OF  NO-FAULT
INSURANCE  UNDER  SOME  CIRCUMSTANCES  CAN  BE OFFSET BY THE PURCHASE OF
STATE  UNDERINSURED  MOTORIST  COVERAGE,  SINCE   DAMAGES   MAY   EXCEED
TWENTY-FIVE  THOUSAND  DOLLARS, WHICH IS THE AMOUNT OF COVERAGE REQUIRED
BY LAW; AND
  (2) REQUIRE THAT  MOTORCYCLISTS  WHO  REFUSE  THE  STATE  UNDERINSURED
MOTORIST COVERAGE SIGN A STATEMENT SAYING THAT THEY WERE INFORMED OF THE
AVAILABILITY OF SUCH AND CHOSE NOT TO OBTAIN SUCH COVERAGE.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law; provided that any rules and regulations
necessary to implement the provisions of this act on its effective  date
are authorized and directed to be promulgated and shall become effective
on such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09482-01-1

Co-Sponsors

view additional co-sponsors

S3316A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5381A
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §5103, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S8489

S3316A (ACTIVE) - Bill Texts

view summary

Relates to motorcycle insurance policies and requires owners' policies of liability to inform the insured that motor vehicle no-fault insurance does not apply to motorcycles and that state uninsured motorist coverage is available in the alternative.

view sponsor memo
BILL NUMBER:S3316A

TITLE OF BILL:
An act
to amend the insurance law, in relation to motorcycle insurance policies

PURPOSE:
To ensure that the owners of motorcycles are aware that automobile no
fault Insurance law does not apply to motorcycles and that New York
State underinsured motorist coverage is available.

SUMMARY OF PROVISIONS:
Section 1 - Provides that insurance companies provide policy language
advising motorcyclists that no fault insurance provisions for
automobiles do not apply to motorcycles and that, as an alternative,
state under insured motorist coverage is available.

Section 2 - Sets the effective date.

JUSTIFICATION:
Motorcyclists currently do not have coverage for actual damages and
lost wages if they do not possess State under insured motorist
coverage which puts assets at risk and/or leaves judgments for
damages unpaid.

This bill will encourage motorcyclists to obtain this insurance by
ensuring that they are aware of the potential risk in not possessing
state under insured motorist coverage and also afford protection for
individuals who seek damages which damages might otherwise not be
collected.

LEGISLATIVE HISTORY: S.8489 (2010)

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:
The 120th day after it shall have become law or on such date that any
rules and regulations necessary to implement the provisions of this
act are authorized to be promulgated and shall become effective.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3316--A
    Cal. No. 1021

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 16, 2011
                               ___________

Introduced  by  Sens. DeFRANCISCO, GRIFFO, KLEIN, LARKIN, LIBOUS -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Insurance  --  reported  favorably from said committee,
  ordered to first and second report, amended on second report,  ordered
  to  a  third  reading,  and  to be reprinted as amended, retaining its
  place in the order of third reading

AN ACT to amend the insurance law, in relation to  motorcycle  insurance
  policies

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

  Section 1. Section 5103 of the insurance law is amended  by  adding  a
new subsection (f-1) to read as follows:
  (F-1) EVERY OWNER'S POLICY OF LIABILITY INSURANCE ISSUED ON A MOTORCY-
CLE  IN  SATISFACTION OF THE REQUIREMENTS OF ARTICLE SIX OR EIGHT OF THE
VEHICLE AND TRAFFIC LAW OR SECTION TWENTY-FOUR HUNDRED SEVEN OF SUCH LAW
SHALL INFORM THE INSURED THAT NO-FAULT INSURANCE PROVISIONS FOR  AUTOMO-
BILES OR MOTOR VEHICLES DO NOT APPLY TO MOTORCYCLES AND THAT STATE UNDE-
RINSURED  MOTORIST  COVERAGE IS AVAILABLE, AND THAT THE LACK OF NO-FAULT
INSURANCE UNDER SOME CIRCUMSTANCES CAN BE  OFFSET  BY  THE  PURCHASE  OF
STATE   UNDERINSURED   MOTORIST   COVERAGE,  SINCE  DAMAGES  MAY  EXCEED
TWENTY-FIVE THOUSAND DOLLARS, WHICH IS THE AMOUNT OF  COVERAGE  REQUIRED
BY LAW.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law; provided that any rules and regulations
necessary to implement the provisions of this act on its effective  date
are authorized and directed to be promulgated and shall become effective
on such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09482-02-1

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