NY State Senate Bill S5329

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2019	signed chap.408
Oct 21, 2019	delivered to governor
Jun 17, 2019	returned to senate passed assembly ordered to third reading rules cal.195 substituted for a7789
Jun 06, 2019	referred to transportation delivered to assembly passed senate
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal. amended (t) 5329a
May 30, 2019	1st report cal.1079
Apr 26, 2019	referred to transportation

Votes

view votes

Jun 6, 2019 - floor Vote

S5329A

floor

Aye

Nay

Absent

Excused

Abstained

May 30, 2019 - Transportation committee Vote

S5329

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S5329 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §370, V & T L; amd Part III §20, Chap 59 of 2019

S5329 - Summary

Relates to increasing insurance limits for certain for-hire vehicles; includes injury to or destruction of property under such limits.

S5329 - Sponsor Memo

 
BILL NUMBER: S5329

SPONSOR: BRESLIN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to increasing insurance limits for certain for-hire vehicles;
and to amend part III of chapter 59 of the laws of 2019 amending the
transportation law, the vehicle and traffic law and the insurance law
relating to limousine safety, in relation to the effectiveness thereof

 
PURPOSE:

The purpose of the bill is to make corrections to Chapter 59 of the laws
of 2019 to include property damage limits within the new combined single
limits of coverage for certain vehicles.  Summary of Provisions:

Section 1: Amends the vehicle and traffic law to include property
damages within the combined single limit for liability insurance cover-
ages of $1.5 million

Section 2: Amends the effective date set forth in Section 20 of Part Ill
of Chapter 59 of 2019 to clarify that new insurance limits apply to
polices issued or renewed after the effective date of the law.

Section 3. Sets for the effective date.

 
JUSTIFICATION:

Chapter 59 of the laws of 2019 established new minimum liability insur-
ance requirements for vehicles seating 8 or more passengers that are
engaged in the business of carrying or transporting passengers for hire.
The new minimum liability limits are now a "combined single limit" as
opposed to "split limits" of liability, which they were before Chapter
59 was enacted. "Split limits" of liability coverage mean there are
three separate dollar amounts that apply to each accident: a per person
bodily injury limit, a per occurrence limit for all injured persons, and
a per occurrence limit for all property damage resulting from the acci-
dent.

For example, a vehicle seating 8-12 passengers previously had a per
person bodily injury limit of $25,000 and a per occurrence limit for two
or more injured persons of $80,000, and $10,000 for property damage
limit per occurrence. These coverages or commonly referred to as
25/80/10 split limits. (The law also provided for higher split limits of
50/150/10 in the event injuries resulted in death of a person.)

Chapter 59 changed the split limit insurance requirements to a combined
single liability limit requirement of $1.5 million. "Combined single
limits"

state a single dollar limit that applies to any combination of bodily
injury (or death) and property damage claims.

However, Chapter 59 did not include the property damage minimum limits
of $10,000 within the new combined single liability limits of $1.5
million. Therefore, the new bodily injury (and death) limits are $1.5
million dollars, but the property damage limits remain separate at
$10,000.


The New York Automobile Insurance Plan (NYAIP) is the residual market
for motor vehicle risks, including commercial motor vehicles such as
for-hire vehicles. It was created by Article 53 of the Insurance Law to
provide motor vehicle insurance to those consumers who could not obtain
it in the voluntary insurance market.

The NYAIP does not provide combined single liability limits of coverage
that do not include both bodily injury, death, and property damage.
Therefore, it will be unable to provide the coverage the law requires
and has no way to calculate rates for it either.

Additionally, with respect to the effective date for the new limits,
Chapter 59 provides that the new increased insurance limits become
effective on January 1, 2020 and apply to all policies "issued, renewed,
altered, or modified" on or after that date.

Typically, when new insurance coverages are required by law, they apply
to newly issued policies and those that renew after the effective date.
Chapter 59 goes a step further and would require the new limits of
coverage be applied even when a change is made to the policy.  This
could result in an insurer having to calculate and institute the higher
limits when a policyholder simply wants to change an address or add a
driver to the policy. Not only will it be very difficult for an insurer
to process this type of mid-term coverage and premium change, but it
will surely catch most policyholders by surprise to see a dramatic
premium increase during their policy period with no advance warning.

 
LEGISLATIVE HISTORY:

Chapter 59 of 2019, Part III (S.1509-C and A.2009-C)

 
EFFECTIVE DATE:
This act shall take effect at the same time as Chapter 59 of 2019.

S5329 - Bill Text download pdf


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

                                  5329

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 26, 2019
                               ___________

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

AN ACT to amend the vehicle and traffic law, in relation  to  increasing
  insurance  limits for certain for-hire vehicles; and to amend part III
  of chapter 59 of the laws of 2019 amending the transportation law, the
  vehicle and traffic law and the insurance law  relating  to  limousine
  safety, in relation to the effectiveness thereof

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section  370  of
the  vehicle  and traffic law, paragraph (a) as amended by section 13 of
part III of chapter 59 of the laws of 2019 and paragraph (b) as  amended
by chapter 613 of the laws of 2002, are amended to read as follows:
  [(a)] For damages for and incident to death or injuries to persons AND
INJURY  TO  OR DESTRUCTION OF PROPERTY: For each motorcycle and for each
motor vehicle engaged  in  the  business  of  carrying  or  transporting
passengers  for  hire,  having a seating capacity of not more than seven
passengers, a bond or insurance policy with a minimum liability of twen-
ty-five thousand dollars and  a  maximum  liability  of  fifty  thousand
dollars  for  bodily  injury,  and a minimum liability of fifty thousand
dollars and a maximum liability of  one  hundred  thousand  dollars  for
death  AND  A MINIMUM LIABILITY OF TEN THOUSAND DOLLARS FOR INJURY TO OR
DESTRUCTION OF PROPERTY; for each motor vehicle engaged in the  business
of carrying or transporting passengers for hire, having a seating capac-
ity of not less than eight passengers, a bond or insurance policy with a
combined  single  limit  of  at  least one million five hundred thousand
dollars for bodily injury [and] OR death[;] TO ONE OR MORE  PERSONS,  OR
BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY IN ANY ONE ACCIDENT.
  [(b) For damages for and incident to injury to or destruction of prop-
erty;  for  each  motor  vehicle and each motorcycle a bond or insurance
policy with a minimum liability of ten thousand dollars.]

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

                                                           LBD11322-01-9

S. 5329                             2

  § 2. Section 20 of part III of chapter 59 of the laws of 2019 amending
the transportation law, the vehicle and traffic law  and  the  insurance
law, relating to limousine safety, is amended to read as follows:
  §  20. This act shall take effect immediately; provided, however, that
sections eight, ten, eleven and fourteen of this act shall  take  effect
on the first of November next succeeding the date on which it shall have
become  a  law;  provided, however, sections nine and twelve of this act
shall take effect on the one hundred eightieth day after it  shall  have
become  a law; provided, however, sections thirteen and nineteen of this
act shall take effect on the first day of January  next  succeeding  the
date on which it shall have become a law and shall apply to all policies
issued[,]  OR  renewed[,  altered,  or  modified] on or after such date;
provided, however, section fifteen of this act shall take effect on  the
thirtieth  day  after  it  shall  have  become a law; provided, however,
section eighteen  of  this  act  shall  take  effect  October  1,  2019;
provided,  further, that effective immediately, the department of trans-
portation and the  department  of  motor  vehicles  are  authorized  and
directed  to  promulgate such rules and regulations as are necessary for
the implementation of this act on its effective date.
  § 3. This act shall take effect immediately; provided,  however,  that
section  one  of  this act shall take effect on the same date and in the
same manner as section 13 of part III of chapter 59 of the laws of  2019
takes effect.

Co-Sponsors

S5329A (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §370, V & T L; amd Part III §20, Chap 59 of 2019

S5329A (ACTIVE) - Summary

Relates to increasing insurance limits for certain for-hire vehicles; includes injury to or destruction of property under such limits.

S5329A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5329A

SPONSOR: BRESLIN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to increasing insurance limits for certain for-hire vehicles

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify that the $1.5 million combined single limit insurance
requirement for for-hire vehicles shall include coverage for injury to
or destruction of property.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one would amend paragraphs (a) and (b) of subdivision (1) of
section 370 of the Vehicle and Traffic Law to provide that the "combined
single limit" of $1 5 million which is required for for-hire vehicles
with a passenger capacity of eight or more persons shall include liabil-
ity coverage for injury to or destruction of property, in addition to
coverage for bodily injury or death.

Section two would provide that the bill would become effective simul-
taneously with section 13 of Part III of Chapter 59 of the Laws of 2019.

 
JUSTIFICATION:

Section 370 of the Vehicle and Traffic Law requires minimum liability
coverages for for-hire vehicles based on carrying capacity. Part III of
Chapter 59 of the Laws of 2019 required for-hire vehicles with a capaci-
ty of eight or more persons to carry a minimum of $1.5 million of
liability coverage in a "single combined limit." This limit included
coverage for bodily injury or death. This bill would clarify that mini-
mum liability coverage of $10,000 per accident for injury to or
destruction of property, shall be included within the $1.5 million
single combined limit, rather than an additional coverage.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
section 13 of part III of chapter 59 of the laws of 2019, takes effect.

S5329A (ACTIVE) - Bill Text download pdf


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

                                 5329--A
    Cal. No. 1079

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 26, 2019
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  report,  amended  on
  first  report,  ordered  to  a  second  report  and ordered reprinted,
  retaining its place in the order of second report

AN ACT to amend the vehicle and traffic law, in relation  to  increasing
  insurance limits for certain for-hire vehicles

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

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section  370  of
the  vehicle  and traffic law, paragraph (a) as amended by section 13 of
part III of chapter 59 of the laws of 2019, and paragraph (b) as amended
by chapter 613 of the laws of 2002, are amended to read as follows:
  [(a)] For damages for and incident to death or injuries to persons AND
INJURY TO OR DESTRUCTION OF PROPERTY: For each motorcycle and  for  each
motor  vehicle  engaged  in  the  business  of  carrying or transporting
passengers for hire, having a seating capacity of not  more  than  seven
passengers, a bond or insurance policy with a minimum liability of twen-
ty-five  thousand  dollars  and  a  maximum  liability of fifty thousand
dollars for bodily injury, and a minimum  liability  of  fifty  thousand
dollars  and  a  maximum  liability  of one hundred thousand dollars for
death AND A MINIMUM LIABILITY OF TEN THOUSAND DOLLARS FOR INJURY  TO  OR
DESTRUCTION  OF PROPERTY; for each motor vehicle engaged in the business
of carrying or transporting passengers for hire, having a seating capac-
ity of not less than eight passengers, a bond or insurance policy with a
combined single limit of at least  one  million  five  hundred  thousand
dollars  for bodily injury [and] OR death[;] TO ONE OR MORE PERSONS, AND
BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY IN ANY ONE ACCIDENT.
  [(b) For damages for and incident to injury to or destruction of prop-
erty; for each motor vehicle and each motorcycle  a  bond  or  insurance
policy with a minimum liability of ten thousand dollars.]
  §  2.  This  act  shall  take  effect on the same date and in the same
manner as section 13 of part III of chapter 59  of  the  laws  of  2019,

takes effect.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11322-02-9

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The New York State Senate

senate Bill S5329

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 6, 2019 - floor Vote

Floor Vote: Jun 6, 2019

May 30, 2019 - Transportation committee Vote

Transportation Committee Vote: May 30, 2019

Bill Amendments

S5329 - Details

S5329 - Summary

S5329 - Sponsor Memo

S5329 - Bill Text download pdf

Co-Sponsors

S5329A (ACTIVE) - Details

S5329A (ACTIVE) - Summary

S5329A (ACTIVE) - Sponsor Memo

S5329A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5329

Share this bill

Sponsored By

Neil D. Breslin

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 6, 2019 - floor Vote

Floor Vote: Jun 6, 2019

May 30, 2019 - Transportation committee Vote

Transportation Committee Vote: May 30, 2019

Bill Amendments

S5329 - Details

S5329 - Summary

S5329 - Sponsor Memo

S5329 - Bill Text download pdf

Co-Sponsors

David Carlucci

Anna M. Kaplan

Timothy M. Kennedy

John C. Liu

James Tedisco

S5329A (ACTIVE) - Details

S5329A (ACTIVE) - Summary

S5329A (ACTIVE) - Sponsor Memo

S5329A (ACTIVE) - Bill Text download pdf

Comments