NY State Senate Bill S2231

Current Bill Status Via A2207 - 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 (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2023	signed chap.65 delivered to governor
Feb 06, 2023	returned to assembly passed senate 3rd reading cal.168 substituted for s2231
Feb 06, 2023	substituted by a2207
Jan 23, 2023	ordered to third reading cal.168
Jan 19, 2023	referred to rules

Votes

S2231 (ACTIVE) - Details

See Assembly Version of this Bill:: A2207
Law Section:: Insurance Law
Laws Affected:: Rpld §3114, add §3422, Ins L (as proposed in S. 7658-B & A.8869-B)

S2231 (ACTIVE) - Summary

Prohibits an insurer from cancelling, refusing to issue, refusing to renew, or increasing the premium of a policy or to exclude, limit, restrict, or reduce coverage under such policy solely on the basis that one or more claims have been made against any policy during the preceding sixty months for a loss that is the result of a hate crime.

S2231 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2231

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to insurance for victims
of a hate crime; and to repeal certain provisions of such law relating
thereto

 
PURPOSE:

This is a chapter amendment that makes changes to provisions of L.2022,
c.676, to clarify provisions relating to insurance for victims of a hate
crime

 
SUMMARY OF PROVISIONS:

This bill prohibits insurance companies from changing policy premiums
because a policyholder submitted several claims for losses resulting
from a hate crime. The changes expand the list of policies covered by
the bill to include independently owned and operated businesses that
employ 100 or fewer individuals; prohibit an insurance company from

excluding coverage for a hate crime loss; clarify the intent behind
prohibiting coverage cancelation since it could have been read as super-
seding other sections of Insurance Law that deal with cancellation;
allow the Department of Financial Services to increase premiums to
ensure solvency; and push the effective date to 90 days so insurance
companies can revise their policy forms and avoid contract impairment.

 
EXISTING LAW:

None

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 676 of the Laws of 2022. S.7658B and
A.8869B both passed the Senate and Assembly in May 2022.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and shall apply to all policies issued, renewed, modified,
altered or amended on or after such date; provided, however, that the
provisions of section one of this act shall take effect on the same date
and in the same manner as a chapter of the laws of 2022 amending the
insurance law relating to insurance for victims of a hate crime, as
proposed in legislative bills numbers S. 7658-B and A.  8869B, takes
effect.

S2231 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2231
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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 insurance for  victims
   of a hate crime; and to repeal certain provisions of such law relating
   thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3114 of the insurance law, as added by a chapter of
 the laws of 2022 amending the insurance law relating  to  insurance  for
 victims  of  a  hate  crime, as proposed in legislative bills numbers S.
 7658-B and A.  8869-B, is REPEALED.
   § 2. The insurance law is amended by adding a new section 3422 to read
 as follows:
   § 3422. HATE CRIMES;  COVERAGE  REFUSAL.  (A)  FOR  PURPOSES  OF  THIS
 SECTION,  "INSURED"  MEANS  A CURRENT POLICYHOLDER OR A PERSON OR ENTITY
 THAT IS COVERED UNDER AN INSURANCE POLICY.
   (B) THIS SECTION SHALL APPLY TO POLICIES OF INSURANCE IF  THE  INSURED
 OR PROPOSED INSURED IS:
   (1) AN INDIVIDUAL;
   (2)  A  BUSINESS  ENTITY  THAT IS INDEPENDENTLY OWNED AND OPERATED AND
 EMPLOYS ONE HUNDRED OR FEWER INDIVIDUALS;
   (3) A RELIGIOUS ORGANIZATION;
   (4) AN EDUCATIONAL ORGANIZATION; OR
   (5) ANY OTHER NONPROFIT ORGANIZATION THAT IS  ORGANIZED  AND  OPERATED
 FOR RELIGIOUS, CHARITABLE OR EDUCATIONAL PURPOSES.
   (C)  AN  INSURER  THAT ISSUES OR DELIVERS A POLICY IN THIS STATE SHALL
 NOT CANCEL, REFUSE TO ISSUE, REFUSE TO RENEW, OR INCREASE THE PREMIUM OF
 A POLICY OR EXCLUDE, LIMIT, RESTRICT,  OR  REDUCE  COVERAGE  UNDER  SUCH
 POLICY  SOLELY  ON  THE  BASIS  THAT  ONE  OR MORE CLAIMS HAVE BEEN MADE
 AGAINST ANY POLICY DURING THE PRECEDING SIXTY MONTHS FOR A LOSS THAT  IS
 THE  RESULT OF A HATE CRIME, AS DEFINED PURSUANT TO ARTICLE FOUR HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03944-01-3

 S. 2231                             2
 
 EIGHTY-FIVE OF THE PENAL LAW, COMMITTED AGAINST THE PERSON  OR  PROPERTY
 INSURED  IF  THE NAMED INSURED PROVIDES EVIDENCE TO THE INSURER THAT THE
 ACT CAUSING SUCH LOSS IS A RESULT OF A HATE CRIME AND  THAT  AN  INSURED
 WAS NOT THE PERPETRATOR OF THE HATE CRIME.
   (D)  NOTHING IN THIS SECTION SHALL PROHIBIT AN INSURER FROM CANCELING,
 REFUSING TO RENEW, INCREASING THE PREMIUM  OF  AN  INSURANCE  POLICY  OR
 EXCLUDING, LIMITING, RESTRICTING, OR REDUCING COVERAGE UNDER SUCH POLICY
 DUE  TO  OTHER  FACTORS  THAT ARE PERMITTED BY ANY OTHER SECTION OF THIS
 CHAPTER, INCLUDING THE FACTORS SET FORTH IN SECTION TWO  THOUSAND  THREE
 HUNDRED THREE OF THIS CHAPTER.
   §  3.  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; provided, however,  that
 the  provisions of section one of this act shall take effect on the same
 date and in the same manner as a chapter of the laws  of  2022  amending
 the  insurance law relating to insurance for victims of a hate crime, as
 proposed in legislative bills numbers S. 7658-B  and  A.  8869-B,  takes
 effect.

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The New York State Senate

senate Bill S2231

Sponsored By

Current Bill Status Via A2207 - Signed by Governor

Your Voice

Actions

Votes

Feb 6, 2023 - floor Vote

Floor Vote: Feb 6, 2023

Jan 23, 2023 - Rules committee Vote

Rules Committee Vote: Jan 23, 2023

S2231 (ACTIVE) - Details

S2231 (ACTIVE) - Summary

S2231 (ACTIVE) - Sponsor Memo

S2231 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2231

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Sponsored By

Neil D. Breslin

Current Bill Status Via A2207 - Signed by Governor

Your Voice

Actions

Votes

Feb 6, 2023 - floor Vote

Floor Vote: Feb 6, 2023

Jan 23, 2023 - Rules committee Vote

Rules Committee Vote: Jan 23, 2023

S2231 (ACTIVE) - Details

S2231 (ACTIVE) - Summary

S2231 (ACTIVE) - Sponsor Memo

S2231 (ACTIVE) - Bill Text download pdf

Comments