NY State Senate Bill 2019-S5329

Archive: Last Bill Status - Signed by Governor

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

View Actions

	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

- Jun 6, 2019 - Floor Vote
  S5329
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2019
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (1)
      
      Sanders Jr.
  May 30, 2019 - Transportation Committee Vote
  S5329
  
  13
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 30, 2019
      
      aye (13)
      
      Benjamin
      
      Carlucci
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      O'Mara
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Robach
      
      Sepúlveda
      
      Skoufis
      
      aye wr (2)
      
      Gallivan
      
      Jacobs

Bill Amendments

Original

A (Active)

2019-S5329 - Details

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

2019-S5329 - Summary

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

2019-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.

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

View additional co-sponsors

2019-S5329A (ACTIVE) - Details

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

2019-S5329A (ACTIVE) - Summary

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

2019-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.

2019-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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Senate Bill S5329

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 6, 2019 - Floor Vote

Floor Vote: Jun 6, 2019

May 30, 2019 - Transportation Committee Vote

Transportation Committee Vote: May 30, 2019

Bill Amendments

2019-S5329 - Details

2019-S5329 - Summary

2019-S5329 - Sponsor Memo

2019-S5329 - Bill Text download pdf

co-Sponsors

2019-S5329A (ACTIVE) - Details

2019-S5329A (ACTIVE) - Summary

2019-S5329A (ACTIVE) - Sponsor Memo

2019-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

Bill Amendments

2019-S5329 - Details

2019-S5329 - Summary

2019-S5329 - Sponsor Memo

2019-S5329 - Bill Text download pdf

co-Sponsors

David Carlucci

Anna M. Kaplan

Timothy M. Kennedy

John C. Liu

2019-S5329A (ACTIVE) - Details

2019-S5329A (ACTIVE) - Summary

2019-S5329A (ACTIVE) - Sponsor Memo

2019-S5329A (ACTIVE) - Bill Text download pdf

Comments