NY State Senate Bill 2023-S88

Senate Bill S88

2023-2024 Legislative Session

Relates to prohibiting the exclusion of coverage for losses or damages caused by exposure to lead-based paint

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Archive: Last Bill Status - In Senate Committee Insurance 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to insurance
Jan 04, 2023	referred to insurance

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2023-S88 (ACTIVE) - Details

See Assembly Version of this Bill:: A1687
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §3462, Ins L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A7786
2019-2020: S5183, A6062
2021-2022: S619, S3079, A7488
2025-2026: S133, A1067

2023-S88 (ACTIVE) - Summary

Relates to prohibiting the exclusion of coverage for losses or damages caused by exposure to lead-based paint; provides that no insurer licensed or permitted by the superintendent to provide liability coverage to rental property owners shall exclude coverage for losses or damages caused by exposure to lead-based paint.

2023-S88 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S88  REVISED 12/30/2022

SPONSOR: RYAN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to prohibiting the exclu-
sion of coverage for losses or damages caused by exposure to lead-based
paint

 
PURPOSE:

This bill would help to protect renters who are exposed to lead-based
paint by prohibiting the exclusion of coverage for losses or damages
caused by exposure to lead-based paint from liability coverage provided
to rental property owners.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the Insurance Law by adding a new section 3462, which
prohibits exclusion for lead hazards on and after the 26th month follow-
ing the bill taking effect.

Section 2: Sets an immediate effective date.

 
JUSTIFICATION:

Lead poisoning leads to a multitude of issues that can detrimentally
impact a person throughout their lifetime. It leads to decreased IQ and
cognitive function, developmental delays, and behavioral problems in
children. In adults, lead poisoning can manifest itself in the form of
hypertension and cardiovascular disease. Some have even linked early
exposure to lead with Alzheimer's disease. Extreme levels can cause
severe and immediate consequences, such as seizures, comas, and even
death. The most common cause of lead poisoning in children is the inges-
tion of lead paint from poorly maintained residential housing units.

New York State has a lead poisoning problem. Because lead will remain in
U.S. housing for decades to come, it is important that New York State
take action to protect renters. This bill requires that liability cover-
age include coverage for injuries or damage caused by exposure to lead
paint. If signed into law, this would be an important measure to protect
New Yorkers who are exposed to this dangerous substance.

 
LEGISLATIVE HISTORY:

2022: A7488 Passed the Assembly

2021: A7488 Passed the Assembly

2020: A6062 Passed the Assembly

2018:  A07786.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S88 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    88
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RYAN  --  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 the exclu-
   sion of coverage for losses or damages caused  by  exposure  to  lead-
   based paint

   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  3462
 to read as follows:
   §  3462. EXCLUSION FOR LEAD HAZARDS PROHIBITED. NO INSURER LICENSED OR
 PERMITTED BY THE SUPERINTENDENT TO PROVIDE LIABILITY COVERAGE TO  RENTAL
 PROPERTY  OWNERS  SHALL  EXCLUDE,  AFTER TWENTY-SIX MONTHS FOLLOWING THE
 EFFECTIVE DATE OF THIS SECTION, COVERAGE FOR LOSSES OR DAMAGES CAUSED BY
 EXPOSURE TO LEAD-BASED PAINT. THE DEPARTMENT SHALL NOT PERMIT, AUTHORIZE
 OR APPROVE ANY EXCLUSION FOR INJURY OR DAMAGE RESULTING FROM EXPOSURE TO
 LEAD-BASED PAINT, EXCEPT AS SPECIFICALLY PROVIDED FOR IN LAW,  THAT  WAS
 NOT  IN  EFFECT AS OF THE EFFECTIVE DATE OF THIS SECTION, AND ALL PREVI-
 OUSLY APPROVED EXCLUSIONS SHALL TERMINATE ON OR BEFORE TWENTY-SIX MONTHS
 FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01667-01-3

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