Relates to motor vehicle liability insurance rates.

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S2683-2011 Actions

• Jan 4, 2012: REFERRED TO INSURANCE
• Jun 24, 2011: COMMITTED TO RULES
• May 16, 2011: AMENDED ON THIRD READING 2683B
• Mar 22, 2011: AMENDED ON THIRD READING (T) 2683A
• Feb 28, 2011: ADVANCED TO THIRD READING
• Feb 15, 2011: 2ND REPORT CAL.
• Feb 14, 2011: 1ST REPORT CAL.87
• Jan 28, 2011: REFERRED TO INSURANCE

S2683-2011 Meetings

Insurance: Feb 14, 2011

S2683-2011 Calendars

Floor Calendar: Feb 15, 2011 , Floor Calendar: Feb 28, 2011 , Floor Calendar: Mar 1, 2011 , Floor Calendar: Mar 2, 2011 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 7, 2011 , Floor Calendar: Mar 8, 2011 , Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011

S2683-2011 Votes

S2683-2011 Memo

BILL NUMBER:S2683

TITLE OF BILL:
An act
to amend the insurance law and chapter 277 of the laws of 2010 amending
the insurance law relating to prohibiting surcharges for certain
automobiles accidents; in relation to motor vehicle liability insurance
rates

PURPOSE:
To address technical issues which have arisen with regard to
the implementation of chapter 277 of the laws of 2010.

SUMMARY OF PROVISIONS:
This bill would remedy certain technical issues
which have arisen in the implementation of chapter 277 of the laws of
2010. Specifically, this bill would clarify that the $2,000 accident
surcharge threshold is applicable to accidents occurring on or after
March 1, 2011. This bill would also restore the superintendent of
Insurance's authority to amend the surcharge threshold by regulation.

JUSTIFICATION:
This bill is necessary to address certain unanticipated
technical concerns which have arisen in connection with the
implementation of chapter 277 of the laws of 2010. Specifically,
this bill would ensure and codify the legislature's original intent
that there is no retroactive application of the provisions of chapter
277 of the laws of 2010. This measure would also restore the
Superintendent of Insurance's authority to amend the surcharge
threshold by regulation.

LEGISLATIVE HISTORY:
Similar to S.8519 of 2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, provided that section one of this act
shall not apply to policies entered into, modified, or renewed
between November 27, 2010 and the date on which this act shall
become a law.

S2683-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2683

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 28, 2011
                                 ___________

  Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
    printed to be committed to the Committee on Insurance

  AN ACT to amend the insurance law and chapter 277 of the  laws  of  2010
    amending  the  insurance  law  relating  to prohibiting surcharges for
    certain automobiles accidents; in relation to motor vehicle  liability
    insurance rates

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subsection (a) of section 2335 of  the  insurance  law,  as
  amended  by  chapter  277  of  the  laws  of 2010, is amended to read as
  follows:

    (a) has had an accident ON OR AFTER MARCH FIRST, TWO  THOUSAND  ELEVEN
  that  does  not  result in aggregate damage to property in excess of two
  thousand dollars, provided that any policy surcharge shall be  permissi-
  ble  for  any  accident  [which] THAT results in bodily injury or if the
  insured has more than one accident in the merit rating experience  peri-
  od.    THE  SUPERINTENDENT MAY, PURSUANT TO REGULATION, INCREASE THE TWO
  THOUSAND DOLLAR THRESHOLD FOR INFLATION OR ANY OTHER  REASON  FOR  WHICH
  THE  SUPERINTENDENT  DETERMINES THE INCREASE TO BE REASONABLE AND APPRO-
  PRIATE.   WHENEVER THE  SUPERINTENDENT  INCREASES  THE  THRESHOLD,  SUCH
  INCREASE  SHALL  APPLY  TO ACCIDENTS OCCURRING ON OR AFTER THE EFFECTIVE
  DATE OF THE REGULATION. Nothing in  this  subsection  shall  change  the
  dollar  amount  of the accident reporting threshold required under para-
  graph one of subdivision (a) of section six hundred five of the  vehicle
  and traffic law.
    S 2. Section 2 of chapter 277 of the laws of 2010, amending the insur-
  ance law relating to prohibiting surcharges for certain automobile acci-
  dents, is amended to read as follows:

    S 2. This act shall take effect on the one hundred twentieth day after
  it  shall have become a law provided that the amendments to section 2335
  of the insurance law made by section one of this act shall expire on the

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08541-01-1

 S. 2683                             2

  same date as such section expires[; and provided, further, that this act
  shall only apply to policies entered into, modified, or  renewed  on  or
  after such effective date].
    S 3. This act shall take effect immediately; provided that section one
  of  this  act  shall  not  apply  to policies entered into, modified, or
  renewed between November 27, 2010 and the date on which this  act  shall
  become a law.