Senate Bill S8068A

2015-2016 Legislative Session

Relates to the establishment of a state insurance company advisory board, a state insurance producer advisory board and a state insurance adjuster advisory board

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Archive: Last Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2016	print number 8068a
Jun 13, 2016	amend (t) and recommit to rules
Jun 09, 2016	referred to rules

Bill Amendments

Original

A (Active)

2015-S8068 - Details

Current Committee:: Senate Rules
Law Section:: Insurance Law
Laws Affected:: Add §§201 - 203, Ins L

2015-S8068 - Summary

Relates to the establishment of a state insurance company advisory board, a state insurance producer advisory board and a state insurance adjuster advisory board.

2015-S8068 - Sponsor Memo

                                 BILL NUMBER:  S8068

 TITLE OF BILL :

An act to amend the insurance law, in relation to the establishment of
a state insurance advisory board

 PURPOSE :

To create a mechanism by which important insurance marketplace issues
are addressed by the regulator, regulated entities and consumers.

 SUMMARY OF PROVISIONS :

Section 1 - Creates the state insurance advisory board within the
department of financial services. The board shall be composed of
representatives of life, accident and health, and property/casualty
insurance companies; producers from each of those insurance sectors;
one public adjuster; and, two consumers, all of whom shall be
appointed by the superintendent.

The board shall meet three times a year and shall have as its purpose:
considering ways to enhance and improve all facets of the insurance
industry in New York State; facilitating the diversification of
insurance products to be sold in the state; recommending laws or
repealers, including regulations, in furtherance of the prior state

purposes; and, making reports on regulations prior to promulgation
thereof.

Section 2 - Effective date

 JUSTIFICATION :

While the department routinely meets with a host of regulated parties
and consumers, there is not always opportunity for or a structure of
communications concerning the state of the insurance marketplace, the
health and promotion of which is one of the cornerstone purposes of
the department. This legislation would provide industry-wide
representation on a panel which will interface with the superintendent
on such issues, and make recommendations for improving the marketplace
in the state.

Improvement of the marketplace and the regulatory mechanism overseeing
it are not the sole province of any one group of regulated parties,
but is an industry-wide concern and responsibility. Hence, the panel
is a composite of the industry regulated by the department, and each
representative brings their unique perspective to the panel.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S8068 - Bill Text download pdf

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

                                  8068

                            I N  S E N A T E

                              June 9, 2016
                               ___________

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

AN ACT to amend the insurance law, in relation to the establishment of a
  state insurance advisory board

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

  Section 1. The insurance law is amended by adding a new section 201 to
read as follows:
  S  201.  STATE INSURANCE ADVISORY BOARD. (A) THERE SHALL BE WITHIN THE
DEPARTMENT A STATE INSURANCE ADVISORY BOARD TO WORK WITH THE SUPERINTEN-
DENT IN PROMOTING THE DEVELOPMENT AND GROWTH OF THE  INSURANCE  INDUSTRY
IN  THE  STATE. THERE SHALL BE FIFTEEN MEMBERS OF THE ADVISORY BOARD WHO
SHALL BE APPOINTED BY THE SUPERINTENDENT. THE MEMBERSHIP  SHALL  CONSIST
OF   REPRESENTATIVES   OF:   THREE   LIFE   INSURANCE  COMPANIES;  THREE
PROPERTY/CASUALTY INSURANCE COMPANIES; TWO ACCIDENT AND HEALTH INSURANCE
COMPANIES; TWO PROPERTY/CASUALTY INSURANCE PRODUCERS; TWO LIFE  ACCIDENT
AND HEALTH INSURANCE PRODUCERS; AND ONE PUBLIC ADJUSTER.  THE MEMBERSHIP
SHALL  ALSO INCLUDE TWO REPRESENTATIVES OF CONSUMERS. THE SUPERINTENDENT
SHALL MAKE RULES TO GOVERN THE METHOD BY WHICH NOMINATIONS TO THE  BOARD
ARE TO BE MADE AND THE PROCESS FOR SELECTING SUCH MEMBERS, PROVIDED THAT
THE  REPRESENTATIVES  OF  CONSUMERS SHALL BE SELECTED BY THE SUPERINTEN-
DENT.  THE TERM OF EACH MEMBER OF SUCH ADVISORY  BOARD  SHALL  BE  THREE
YEARS,  OR UNTIL A SUCCESSOR IS APPOINTED, AND VACANCIES SHALL BE FILLED
FOR THE UNEXPIRED TERM ONLY.  THE BOARD SHALL MEET AT LEAST THREE  TIMES
ANNUALLY PURSUANT TO THE CALL OF THE SUPERINTENDENT.  THE MEMBERS OF THE
ADVISORY  BOARD  SHALL  RECEIVE  NO  COMPENSATION  NOR REIMBURSEMENT FOR
EXPENSES. THE ADVISORY BOARD SHALL:
  (1) CONSIDER AND RECOMMEND WAYS TO MAINTAIN  AND  GROW  THE  INSURANCE
INDUSTRY  OF  THE STATE, PARTICULARLY FOCUSING ON THE DOMESTIC INSURANCE
INDUSTRY, INCLUDING BRINGING TO THE SUPERINTENDENT'S ATTENTION ISSUES OF
CONCERN TO THE INSURANCE INDUSTRY;
  (2) CONSIDER AND RECOMMEND WAYS TO ENCOURAGE AND FACILITATE  INSURANCE
INSTITUTIONS  IN OFFERING A DIVERSITY OF AFFORDABLE INSURANCE AND FINAN-
CIAL PRODUCTS THROUGHOUT THE STATE;

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

                                                           LBD15810-01-6

S. 8068                             2

  (3) RECOMMEND TO THE SUPERINTENDENT THE ESTABLISHMENT OF SUCH LAWS  AS
MAY  BE DEEMED NECESSARY, AND THE AMENDMENT OR REPEAL THEREOF, IN FURTH-
ERANCE OF THESE GOALS;
  (4)  RECOMMEND  TO THE SUPERINTENDENT THE PROMULGATION OF ANY GUIDANCE
AND REGULATIONS, NOT INCONSISTENT WITH THE LAW, AS MAY BE DEEMED  NECES-
SARY,  AND  THE  AMENDMENT  OR  REPEAL  THEREOF, IN FURTHERANCE OF THESE
GOALS; AND
  (5) REPORT WITHIN THIRTY DAYS AFTER RECEIPT,  ON  ANY  PROPOSED  REGU-
LATIONS,  AMENDMENTS  THERETO,  OR REPEAL THEREOF, PRIOR TO FINAL ACTION
THEREON BY THE SUPERINTENDENT.
  (B) THE ADVISORY BOARD SHALL  HAVE  NO  EXECUTIVE,  ADMINISTRATIVE  OR
APPOINTIVE POWERS OR DUTIES.
  S 2. This act shall take effect immediately.

2015-S8068A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Insurance Law
Laws Affected:: Add §§201 - 203, Ins L

2015-S8068A (ACTIVE) - Summary

Relates to the establishment of a state insurance company advisory board, a state insurance producer advisory board and a state insurance adjuster advisory board.

2015-S8068A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8068A

 TITLE OF BILL :  An act to amend the insurance law, in relation to
the establishment of a state insurance company advisory board, a state
insurance producer advisory board, and a state insurance adjuster
advisory board

 PURPOSE :

The purpose of this bill is to create three state insurance advisory
boards within the Department of Financial Services.

 SUMMARY OF PROVISIONS :

This bill adds new sections 201, 202 and 203 to the insurance law to
establish three state insurance advisory boards within the Department
of Financial Services focusing on three key segments of the regulated
industry-insurance companies, producers and adjusters. The insurance
company advisory board created under section 201 will consist of
fifteen members representing insurers and one consumer representative,
all who will be appointed by the Superintendent of the Department of
Financial Services. To the extent practicable, the membership should
reflect a range of size and geographic location with the state.

Under new section 202 of the insurance law is established a state
insurance producer advisory board, composed of ten producers from the

property/casualty, life and accident and health markets. Under new
section 2003 of the insurance law is established a state insurance
adjuster advisory board, composed of nine adjusters representing
public, independent and company/staff adjusters.

All of the boards will have as their mission: Considering and
recommending to the Superintendent:

1) ways to maintain and grow the insurance industry;
2) ways to encourage insurers to offer a diversity of affordable
insurance & financial products throughout the state;
3) amendments to or new laws, regulations & guidance, or the repeal
thereof, in furtherance of these goals.

 JUSTIFICATION :

In addition to regulating the insurance market in the state, the
department of financial services is also charged by its enacting
legislation to improve the economic atmosphere for insurance in New
York. Notwithstanding the fact that the department routinely engages
with various insurance industry sectors on regulatory matters, less
frequently does it examine the strength of the insurance market with
these regulated entities. This bill would create opportunities for
each of these insurance segments to engage not less than three times a
year, in a structured manner, with the department on important market
issues, including the delivery of products to market and the type of
insurance products available in the market.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S8068A (ACTIVE) - Bill Text download pdf

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

                                 8068--A

                            I N  S E N A T E

                              June 9, 2016
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the insurance law, in relation to the establishment of a
  state  insurance  company  advisory  board, a state insurance producer
  advisory board, and a state insurance adjuster advisory board

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

  Section 1. The insurance law is amended by adding a new section 201 to
read as follows:
  S  201.  STATE  INSURANCE COMPANY ADVISORY BOARD.   (A) THERE SHALL BE
WITHIN THE DEPARTMENT A STATE INSURANCE COMPANY ADVISORY BOARD  TO  WORK
WITH  THE  SUPERINTENDENT IN PROMOTING THE DEVELOPMENT AND GROWTH OF THE
INSURANCE INDUSTRY IN THE STATE. THERE SHALL BE FIFTEEN MEMBERS  OF  THE
ADVISORY BOARD WHO SHALL BE APPOINTED BY THE SUPERINTENDENT. THE MEMBER-
SHIP SHALL CONSIST OF: NINE REPRESENTATIVES OF DOMESTIC INSURANCE COMPA-
NIES;  AND  FIVE REPRESENTATIVES OF FOREIGN INSURANCE COMPANIES THAT, TO
THE EXTENT  PRACTICABLE,  REFLECT  A  RANGE  OF  SIZE  AND  GEOGRAPHICAL
LOCATION  WITHIN THE STATE. THE MEMBERSHIP SHALL ALSO INCLUDE ONE REPRE-
SENTATIVE OF CONSUMERS. THE SUPERINTENDENT SHALL MAKE  RULES  TO  GOVERN
THE  METHOD  BY WHICH INSURERS MAY NOMINATE PERSONS TO THE BOARD AND THE
PROCESS FOR SELECTING SUCH MEMBERS, PROVIDED THAT THE REPRESENTATIVES OF
CONSUMERS SHALL BE SELECTED BY THE  SUPERINTENDENT.  THE  TERM  OF  EACH
MEMBER OF SUCH ADVISORY BOARD SHALL BE THREE YEARS, OR UNTIL A SUCCESSOR
IS  APPOINTED AND VACANCIES SHALL BE FILLED FOR THE UNEXPIRED TERM ONLY.
THE BOARD SHALL MEET AT LEAST THREE TIMES ANNUALLY PURSUANT TO THE  CALL
OF  THE  SUPERINTENDENT. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE
NO COMPENSATION NOR  REIMBURSEMENT  FOR  EXPENSES.  THE  ADVISORY  BOARD
SHALL:
  (1)  CONSIDER  AND  RECOMMEND  WAYS TO MAINTAIN AND GROW THE INSURANCE
INDUSTRY OF THE STATE, PARTICULARLY FOCUSING ON THE  DOMESTIC  INSURANCE
INDUSTRY, INCLUDING BRINGING TO THE SUPERINTENDENT'S ATTENTION ISSUES OF
CONCERN TO THE INSURANCE INDUSTRY;

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

                                                           LBD15810-02-6

S. 8068--A                          2

  (2)  CONSIDER AND RECOMMEND WAYS TO ENCOURAGE AND FACILITATE INSURANCE
INSTITUTIONS IN OFFERING A DIVERSITY OF AFFORDABLE INSURANCE AND  FINAN-
CIAL PRODUCTS THROUGHOUT THE STATE;
  (3)  RECOMMEND TO THE SUPERINTENDENT THE ESTABLISHMENT OF SUCH LAWS AS
MAY BE DEEMED NECESSARY, AND THE AMENDMENT OR REPEAL THEREOF, IN  FURTH-
ERANCE OF THESE GOALS;
  (4)  RECOMMEND  TO THE SUPERINTENDENT THE PROMULGATION OF ANY GUIDANCE
AND REGULATIONS, NOT INCONSISTENT WITH THE LAW, AS MAY BE DEEMED  NECES-
SARY,  AND  THE  AMENDMENT  OR  REPEAL  THEREOF, IN FURTHERANCE OF THESE
GOALS; AND
  (5) REPORT WITHIN THIRTY DAYS AFTER RECEIPT,  ON  ANY  PROPOSED  REGU-
LATIONS,  AMENDMENTS  THERETO,  OR REPEAL THEREOF, PRIOR TO FINAL ACTION
THEREON BY THE SUPERINTENDENT.
  (B) THE ADVISORY BOARD SHALL  HAVE  NO  EXECUTIVE,  ADMINISTRATIVE  OR
APPOINTIVE POWERS OR DUTIES.
  S  2. The insurance law is amended by adding a new section 202 to read
as follows:
  S 202. STATE INSURANCE PRODUCER ADVISORY BOARD.   (A) THERE  SHALL  BE
WITHIN  THE DEPARTMENT A STATE INSURANCE PRODUCER ADVISORY BOARD TO WORK
WITH THE SUPERINTENDENT IN PROMOTING THE DEVELOPMENT AND GROWTH  OF  THE
INSURANCE  INDUSTRY  IN  THE  STATE  AND  ADDRESS OTHER ISSUES OF MUTUAL
CONCERN. THERE SHALL BE TEN MEMBERS OF THE ADVISORY BOARD WHO  SHALL  BE
APPOINTED  BY  THE SUPERINTENDENT. THE MEMBERSHIP SHALL CONSIST OF: FOUR
INSURANCE PRODUCERS WHOSE PRIMARY BUSINESS FOCUS IS ON  LIFE  INSURANCE;
FOUR   INSURANCE   PRODUCERS   WHOSE   PRIMARY   BUSINESS  FOCUS  IS  ON
PROPERTY/CASUALTY INSURANCE; AND TWO INSURANCE PRODUCERS  WHOSE  PRIMARY
BUSINESS  FOCUS  IS ON ACCIDENT AND HEALTH INSURANCE. THE SUPERINTENDENT
SHALL MAKE RULES TO GOVERN THE METHOD BY  WHICH  INSURERS  MAY  NOMINATE
PERSONS  TO  THE  BOARD  AND THE PROCESS FOR SELECTING SUCH MEMBERS. THE
TERM FOR EACH MEMBER OF SUCH ADVISORY BOARD SHALL  BE  THREE  YEARS,  OR
UNTIL  A  SUCCESSOR  IS  APPOINTED AND VACANCIES SHALL BE FILLED FOR THE
UNEXPIRED TERM ONLY. THE BOARD SHALL MEET AT LEAST THREE TIMES  ANNUALLY
PURSUANT  TO THE CALL OF THE SUPERINTENDENT. THE MEMBERS OF THE ADVISORY
BOARD SHALL RECEIVE NO COMPENSATION NOR REIMBURSEMENT FOR EXPENSES.  THE
ADVISORY BOARD SHALL:
  (1)  CONSIDER  AND  RECOMMEND  WAYS TO MAINTAIN AND GROW THE INSURANCE
INDUSTRY OF THE STATE, PARTICULARLY FOCUSING ON THE  DOMESTIC  INSURANCE
INDUSTRY, INCLUDING BRINGING TO THE SUPERINTENDENT'S ATTENTION ISSUES OF
CONCERN TO THE INSURANCE INDUSTRY;
  (2)  CONSIDER AND RECOMMEND WAYS TO ENCOURAGE AND FACILITATE INSURANCE
INSTITUTIONS IN OFFERING A DIVERSITY OF AFFORDABLE INSURANCE AND  FINAN-
CIAL PRODUCTS THROUGHOUT THE STATE;
  (3)  RECOMMEND TO THE SUPERINTENDENT THE ESTABLISHMENT OF SUCH LAWS AS
MAY BE DEEMED NECESSARY, AND THE AMENDMENT OR REPEAL THEREOF, IN  FURTH-
ERANCE OF THESE GOALS;
  (4)  RECOMMEND  TO THE SUPERINTENDENT THE PROMULGATION OF ANY GUIDANCE
AND REGULATIONS, NOT INCONSISTENT WITH THE LAW, AS MAY BE DEEMED  NECES-
SARY,  AND  THE  AMENDMENT  OR  REPEAL  THEREOF, IN FURTHERANCE OF THESE
GOALS; AND
  (5) REPORT WITHIN THIRTY DAYS AFTER RECEIPT,  ON  ANY  PROPOSED  REGU-
LATIONS,  AMENDMENTS  THERETO,  OR REPEAL THEREOF, PRIOR TO FINAL ACTION
THEREON BY THE SUPERINTENDENT.
  (B) THE ADVISORY BOARD SHALL  HAVE  NO  EXECUTIVE,  ADMINISTRATIVE  OR
APPOINTIVE POWERS OR DUTIES.
  S  3. The insurance law is amended by adding a new section 203 to read
as follows:

S. 8068--A                          3

  S 203. STATE INSURANCE ADJUSTER ADVISORY BOARD.   (A) THERE  SHALL  BE
WITHIN  THE DEPARTMENT A STATE INSURANCE ADJUSTER ADVISORY BOARD TO WORK
WITH THE SUPERINTENDENT IN PROMOTING THE DEVELOPMENT AND GROWTH  OF  THE
INSURANCE  INDUSTRY  IN  THE  STATE  AND  ADDRESS OTHER ISSUES OF MUTUAL
CONCERN.  THERE SHALL BE NINE MEMBERS OF THE ADVISORY BOARD WHO SHALL BE
APPOINTED BY THE SUPERINTENDENT. THE MEMBERSHIP SHALL CONSIST OF:  THREE
PUBLIC  INSURANCE  ADJUSTERS; THREE INDEPENDENT INSURANCE ADJUSTERS; AND
THREE INSURANCE COMPANY STAFF ADJUSTERS. THE SUPERINTENDENT  SHALL  MAKE
RULES TO GOVERN THE METHOD BY WHICH INSURERS MAY NOMINATE PERSONS TO THE
BOARD  AND  THE  PROCESS  FOR  SELECTING SUCH MEMBERS. THE TERM FOR EACH
MEMBER OF SUCH ADVISORY BOARD SHALL BE THREE YEARS, OR UNTIL A SUCCESSOR
IS APPOINTED AND VACANCIES SHALL BE FILLED FOR THE UNEXPIRED TERM  ONLY.
THE  BOARD SHALL MEET AT LEAST THREE TIMES ANNUALLY PURSUANT TO THE CALL
OF THE SUPERINTENDENT. THE MEMBERS OF THE ADVISORY BOARD  SHALL  RECEIVE
NO  COMPENSATION  NOR  REIMBURSEMENT  FOR  EXPENSES.  THE ADVISORY BOARD
SHALL:
  (1) CONSIDER AND RECOMMEND WAYS TO MAINTAIN  AND  GROW  THE  INSURANCE
INDUSTRY  OF  THE STATE, PARTICULARLY FOCUSING ON THE DOMESTIC INSURANCE
INDUSTRY, INCLUDING BRINGING TO THE SUPERINTENDENT'S ATTENTION ISSUES OF
CONCERN TO THE INSURANCE INDUSTRY;
  (2) CONSIDER AND RECOMMEND WAYS TO ENCOURAGE AND FACILITATE  INSURANCE
INSTITUTIONS  IN OFFERING A DIVERSITY OF AFFORDABLE INSURANCE AND FINAN-
CIAL PRODUCTS THROUGHOUT THE STATE;
  (3) RECOMMEND TO THE SUPERINTENDENT THE ESTABLISHMENT OF SUCH LAWS  AS
MAY  BE DEEMED NECESSARY, AND THE AMENDMENT OR REPEAL THEREOF, IN FURTH-
ERANCE OF THESE GOALS;
  (4) RECOMMEND TO THE SUPERINTENDENT THE PROMULGATION OF  ANY  GUIDANCE
AND  REGULATIONS, NOT INCONSISTENT WITH THE LAW, AS MAY BE DEEMED NECES-
SARY, AND THE AMENDMENT OR  REPEAL  THEREOF,  IN  FURTHERANCE  OF  THESE
GOALS; AND
  (5)  REPORT  WITHIN  THIRTY  DAYS AFTER RECEIPT, ON ANY PROPOSED REGU-
LATIONS, AMENDMENTS THERETO, OR REPEAL THEREOF, PRIOR  TO  FINAL  ACTION
THEREON BY THE SUPERINTENDENT.
  (B)  THE  ADVISORY  BOARD  SHALL  HAVE NO EXECUTIVE, ADMINISTRATIVE OR
APPOINTIVE POWERS OR DUTIES.
  S 4. This act shall take effect immediately.

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Senate Bill S8068A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

2015-S8068 - Details

2015-S8068 - Summary

2015-S8068 - Sponsor Memo

2015-S8068 - Bill Text download pdf

2015-S8068A (ACTIVE) - Details

2015-S8068A (ACTIVE) - Summary

2015-S8068A (ACTIVE) - Sponsor Memo

2015-S8068A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

John A. DeFrancisco

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

2015-S8068 - Details

2015-S8068 - Summary

2015-S8068 - Sponsor Memo

2015-S8068 - Bill Text download pdf

2015-S8068A (ACTIVE) - Details

2015-S8068A (ACTIVE) - Summary

2015-S8068A (ACTIVE) - Sponsor Memo

2015-S8068A (ACTIVE) - Bill Text download pdf

Comments