S T A T E O F N E W Y O R K
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1273
2025-2026 Regular Sessions
I N A S S E M B L Y
January 9, 2025
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Introduced by M. of A. PEOPLES-STOKES, STECK, MAMDANI, SIMON, PAULIN,
KELLES, HYNDMAN, ALVAREZ, LUNSFORD, ANDERSON, SEAWRIGHT -- read once
and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to prohibiting motor
vehicle insurers from discriminating based on socioeconomic factors
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 2619
to read as follows:
§ 2619. RATING FACTORS PROHIBITED. (A) ANY INSURER OR INSURANCE COMPA-
NY GROUP DOING BUSINESS IN THE STATE AS A MOTOR VEHICLE INSURER MAY NOT
USE CLASSIFICATION PLANS, RULES OR RATES, RATING PLANS OR MODIFICATIONS
OF ANY OF THE FOREGOING, BASED IN WHOLE OR IN PART ON THE FACTORS SPECI-
FIED IN THIS SECTION. ANY CLASSIFICATION PLANS, RULES OR RATES, RATING
PLANS OR MODIFICATIONS ISSUED BY SAID INSURER OR INSURANCE COMPANY GROUP
USING THE FOLLOWING FACTORS IN WHOLE OR IN PART SHALL BE DEEMED TO
VIOLATE PUBLIC POLICY AND ARE SUBJECT TO DISAPPROVAL BY THE SUPERINTEN-
DENT:
(1) AGE;
(2) MARITAL STATUS;
(3) SEX;
(4) SEXUAL ORIENTATION;
(5) EDUCATIONAL BACKGROUND OR EDUCATION LEVEL ATTAINED;
(6) EMPLOYMENT STATUS OR OCCUPATION;
(7) INCOME LEVEL;
(8) CONSUMER CREDIT INFORMATION OR SCORE;
(9) OWNERSHIP OR INTEREST IN REAL PROPERTY;
(10) ANY INDICATION OF A CONSUMER'S PRICE ELASTICITY OF DEMAND; AND
(11) ANY OTHER CHARACTERISTIC INDICATING OR TENDING TO INDICATE THE
SOCIOECONOMIC STATUS OF AN INDIVIDUAL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02978-01-5
A. 1273 2
(B) IT SHALL FURTHER BE UNLAWFUL TO CONSIDER THE FACTORS SPECIFIED IN
SUBSECTION (A) OF THIS SECTION TO:
(1) ADJUST ANY ALGORITHM OR EQUATION USED TO CONSTRUCT ACTUARIAL
TABLES OR OTHERWISE DETERMINE THE COST OF COVERAGE;
(2) MAKE ANY DISTINCTION OR DISCRIMINATION BETWEEN PERSONS AS TO THE
PREMIUMS OR RATES CHARGED FOR MOTOR VEHICLE INSURANCE POLICIES OR THE
TERMS OF COVERAGE OR IN ANY OTHER MANNER WHATSOEVER;
(3) DEMAND OR REQUIRE A GREATER PREMIUM FROM ANY PERSON THAN SUCH
INSURER REQUIRES AT THAT TIME FROM OTHER INDIVIDUALS OR ENTITIES IN
SIMILAR CASES; OR
(4) REFUSE TO ISSUE, RENEW, OR SELL A POLICY AFTER APPROPRIATE APPLI-
CATION THEREFOR.
(C) FOR THE PURPOSES OF THIS SECTION:
(1) "SEX" SHALL INCLUDE GENDER IDENTITY OR EXPRESSION; AND
(2) "GENDER IDENTITY OR EXPRESSION" SHALL HAVE THE SAME MEANING AS
DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
§ 2. This act shall take effect immediately.