NY State Senate Bill 2021-S8315A

Senate Bill S8315A

2021-2022 Legislative Session

Prohibits insurers from excluding, limiting, restricting, or reducing coverage on a homeowners' insurance policy based on the breed of dog owned

download bill text pdf

Archive: Last Bill Status Via A9284 - Passed Senate

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
May 10, 2022	returned to assembly passed senate 3rd reading cal.663 substituted for s8315a
May 10, 2022	substituted by a9284a
Mar 09, 2022	advanced to third reading
Mar 08, 2022	2nd report cal.
Mar 07, 2022	1st report cal.663
Feb 23, 2022	print number 8315a
Feb 23, 2022	amend and recommit to insurance
Feb 11, 2022	referred to insurance

Votes

- May 11, 2022 - Floor Vote
  A9284
  
  49
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 11, 2022
      
      aye (49)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (13)
      
      Borrello
      
      Griffo
      
      Helming
      
      Jordan
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Serino
      
      Stec
      
      Weik
      
      excused (1)
      
      Brouk
  Mar 7, 2022 - Insurance Committee Vote
  S8315A
  
  7
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Mar 7, 2022
      
      aye (7)
      
      Breslin
      
      Cooney
      
      Gounardes
      
      Harckham
      
      Kennedy
      
      Parker
      
      Sanders Jr.
      
      nay (2)
      
      Helming
      
      O'Mara
      
      aye wr (2)
      
      Brooks
      
      Serino

Bill Amendments

Original

A (Active)

2021-S8315 - Details

See Assembly Version of this Bill:: A9284
Law Section:: Insurance Law
Laws Affected:: Amd §3421, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S8315, A9284

2021-S8315 - Summary

Prohibits insurers from excluding, limiting, restricting, or reducing coverage on a homeowners' insurance policy based solely on the insured harboring or owning a specific breed of dog.

2021-S8315 - Sponsor Memo

                                 
BILL NUMBER: S8315

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the insurance law, in relation to prohibiting insurers
from excluding, limiting, restricting, or reducing coverage on a home-
owners' insurance policy based on the breed of dog owned

 
PURPOSE OR GENERAL IDEA OF BILL:

The objective of this legislation is to prevent insurance companies from
discriminating against homeowners based on the breed of dog that they
own.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Clarifies the insurance law in such a manner as to prohibit
insurance companies from excluding, limiting, restricting, or reducing
coverage on a homeowners' insurance policy based on ownership of a
particular breed of dog.

Section 2: This act shall take effect immediately.

 
JUSTIFICATION:

If a dog had ever attacked and caused injury to a person then there may
be a legitimate basis for higher homeowner insurance premiums.  However,
the current insurance law suggests that the mere ownership of a partic-
ular breed of dog is a legitimate basis for higher homeowner insurance
premiums. This erroneous practice has placed pet owners in an undeserved
bind. While pet owners deserve adequate and affordable homeowner insur-
ance, they are unable to obtain it without removing their friendly
animal from the family unit.

For years, insurance companies that offer homeowners insurance have
avoided loss because of the burglary prevention provided by homeowners'
dogs. It is unacceptable that now insurance companies would want the
ability to deny coverage based on the exact same breed of dog that may
have protected the homeowners and the insurance company from loss.

This bill would uphold the sanctity of the law by ending the discrimi-
nation of homeowners based on the breed of dog that they own.  As an
equal and fair society, it is key that we amend the insurance law to
protect the interests of both homeowners and their kind-hearted compan-
ion animals.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all policies
issued, renewed, modified, altered or amended on or after such date.

2021-S8315 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8315
 
                             I N  S E N A T E
 
                             February 11, 2022
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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  prohibiting  insurers
   from excluding, limiting, restricting, or reducing coverage on a home-
   owners' insurance policy based on the breed of dog owned

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 3421  of  the  insurance  law,  as
 added by chapter 545 of the laws of 2021, is amended to read as follows:
   1.  With  respect  to  homeowners'  insurance  policies  as defined in
 section two thousand three hundred fifty-one of this chapter, no insurer
 shall refuse to issue or renew, cancel, or charge or impose an increased
 premium or  rate  for  such  policy  or  contract,  OR  EXCLUDE,  LIMIT,
 RESTRICT,  OR REDUCE COVERAGE UNDER SUCH POLICY OR CONTRACT based solely
 upon harboring or owning any dog of  a  specific  breed  or  mixture  of
 breeds.
   §  2.  This  act  shall take effect immediately and shall apply to all
 policies issued, renewed, modified, altered or amended on or after  such
 date.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14699-01-2

co-Sponsors

2021-S8315A (ACTIVE) - Details

See Assembly Version of this Bill:: A9284
Law Section:: Insurance Law
Laws Affected:: Amd §3421, Ins L
Versions Introduced in 2021-2022 Legislative Session:: S8315, A9284

2021-S8315A (ACTIVE) - Summary

Prohibits insurers from excluding, limiting, restricting, or reducing coverage on a homeowners' insurance policy based solely on the insured harboring or owning a specific breed of dog.

2021-S8315A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8315A

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the insurance law, in relation to prohibiting insurers
from excluding, limiting, restricting, or reducing coverage on a home-
owners' insurance policy based on the breed of dog owned

 
PURPOSE OR GENERAL IDEA OF BILL:

The objective of this legislation is to prevent insurance companies from
discriminating against homeowners based on the breed of dog that they
own.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Clarifies the insurance law in such a manner as to prohibit
insurance companies from excluding, limiting, restricting, or reducing
coverage on a homeowners' insurance policy based on ownership of a
particular breed of dog.

Section 2: This act shall take effect 90 days after it shall become a
law.

 
JUSTIFICATION:

If a dog had ever attacked and caused injury to a person then there may
be a legitimate basis for higher homeowner insurance premiums.  However,
the current insurance law suggests that the mere ownership of a partic-
ular breed of dog is a legitimate basis for higher homeowner insurance
premiums. This erroneous practice has placed pet owners in an undeserved
bind. While pet owners deserve adequate and affordable homeowner insur-
ance, they are unable to obtain it without removing their friendly
animal from the family unit.

For years, insurance companies that offer homeowners insurance have
avoided loss because of the burglary prevention provided by homeowners'
dogs. It is unacceptable that now insurance companies would want the
ability to deny coverage based on the exact same breed of dog that may
have protected the homeowners and the insurance company from loss.

This bill would uphold the sanctity of the law by ending the discrimi-
nation of homeowners based on the breed of dog that they own.  As an
equal and fair society, it is key that we amend the insurance law to
protect the interests of both homeowners and their kind-hearted compan-
ion animals.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law and shall apply to all policies issued, renewed, modified, altered
or amended on or after such date.

2021-S8315A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8315--A
 
                             I N  S E N A T E
 
                             February 11, 2022
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Insurance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the insurance law, in relation to prohibiting insurers
   from excluding, limiting, restricting, or reducing coverage on a home-
   owners' insurance policy based on the breed of dog owned
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 3421 of the insurance law, as
 added by chapter 545 of the laws of 2021, is amended to read as follows:
   1. With respect  to  homeowners'  insurance  policies  as  defined  in
 section two thousand three hundred fifty-one of this chapter, no insurer
 shall refuse to issue or renew, cancel, or charge or impose an increased
 premium  or  rate  for  such  policy  or  contract,  OR  EXCLUDE, LIMIT,
 RESTRICT, OR REDUCE COVERAGE UNDER SUCH POLICY OR CONTRACT based  solely
 upon  harboring  or  owning  any  dog  of a specific breed or mixture of
 breeds.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law and shall apply to all policies issued, renewed, modi-
 fied, altered or amended on or after such date.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14699-02-2

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