NY State Senate Bill 2015-S597

Senate Bill S597

2015-2016 Legislative Session

Relates to accurate reporting of crime statistics and excludes certain crime statistics from consideration when making rates of insurance

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Archive: Last Bill Status - In Senate Committee Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to finance returned to senate died in assembly
Jun 11, 2015	referred to insurance delivered to assembly passed senate
Jun 10, 2015	ordered to third reading cal.1430 committee discharged and committed to rules
Jan 07, 2015	referred to finance

Votes

- Jun 11, 2015 - Floor Vote
  S597
  
  57
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2015
      
      aye (57)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (4)
      
      Funke
      
      Griffo
      
      Ortt
      
      Seward
      
      excused (2)
      
      Diaz
      
      Libous
  Jun 10, 2015 - Rules Committee Vote
  S597
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 10, 2015
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Perkins

co-Sponsors

2015-S597 (ACTIVE) - Details

See Assembly Version of this Bill:: A6853
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-s, Exec L; amd §2304, Ins L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6364, A8630
2017-2018: S4975, A6107
2019-2020: A6199

2015-S597 (ACTIVE) - Summary

Relates to accurate reporting of crime statistics and excludes certain crime statistics from consideration when setting rates of insurance.

2015-S597 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S597

 TITLE OF BILL :  An act to amend the executive law, in relation to
accurate reporting of crime statistics; and to amend the insurance
law, in relation to excluding certain crime statistics from
consideration when making rates of insurance

 PURPOSE OR GENERAL IDEA OF BILL :

Excludes crime data or statistics in setting rates of insurance when
such data or statistics are as a result of crimes committed in
correctional or detention facilities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the executive law by adding a new section, 837-s.
Requires the accurate reporting of crime data in order to ensure that
crimes that are committed in prisons or other correctional facilities,
for which local police precincts and departments do not respond and
are not assigned to, are not reflected in crime statistics for a given
area.

Section 2. Amends the insurance law, section 2304 (b). Prohibits an
insurer or rate service organization from including crime data or
statistics from its rate setting, when such crime data is related to
crime that is committed within prisons or correctional facilities that

are located within the area being evaluated.

Section 3. Effective Date

 EXISTING LAW :

None.

 JUSTIFICATION :

According to an article by Dennis Slattery in the New York Daily News
on Wednesday, January 15, 2014, crimes that are committed within the
Rikers Island Penal Complex are added to the compstat statistics for
the 410 Precinct in the Bronx. This artificial inflation of the crime
rates in the South Bronx, and in other areas of New York State where
prisons and correctional facilities are located, financially impacts
the localities because insurers then set their rates higher.

Crimes that are committed within prisons and other correctional
facilities should have no impact on the crime statistics of the
surrounding area and on the local police precincts and departments.
Local police are not assigned to prisons and jails, local law
enforcement has no ability whatsoever to prevent prison-based crime or
increase their patrols in order to reduce crime.

Likewise, local residents should not be punished through higher
insurance rates as a result of crime that takes place in prisons and
other correctional facilities.

This bill would prohibit prison based crime from being included in the
crime statistics for the local precinct. It would also prohibit
insurers from increasing their car and property insurance rates due to
crimes committed in prisons.

The Governor's Veto Message stated that 1) other entities already
collect the information required by the legislation; 2) the program
would impose a substantial unbudgeted cost on the Division; and 3)
these issues are better addressed within the context of upcoming
budget negotiations.

 PRIOR LEGISLATIVE HISTORY :

2014: S.6364A - Passed Senate/A.8630A - Passed Assembly; Veto Message
#497

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2015-S597 (ACTIVE) - Bill Text download pdf

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

                                   597

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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

AN ACT to amend the executive law, in relation to accurate reporting  of
  crime  statistics;  and  to  amend  the  insurance law, in relation to
  excluding certain crime  statistics  from  consideration  when  making
  rates of insurance

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

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S  837-S.  REPORTING  OF  CRIME  STATISTICS.   WHEN REPORTING ON CRIME
STATISTICS AND OTHER DATA COLLECTED AND ANALYZED PURSUANT  TO  PARAGRAPH
(C)  OF  SUBDIVISION  FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS
ARTICLE, THE DIVISION SHALL SEPARATELY REPORT THE  ACTIVITY  THAT  TAKES
PLACE  IN  ANY  FEDERAL, STATE OR LOCAL CORRECTIONAL FACILITY, DETENTION
FACILITY, TRANSPORTATION FACILITY OR OTHER FACILITY LOCATED  WITHIN  THE
GEOGRAPHIC BOUNDARIES OF A POLICE DEPARTMENT AS DEFINED IN SECTION EIGHT
HUNDRED  THIRTY-SEVEN-C OF THIS ARTICLE BUT WHICH IS UNDER THE JURISDIC-
TION OF ANOTHER LAW ENFORCEMENT AGENCY.
  S 2. Subsection (b) of section 2304 of the insurance law is amended to
read as follows:
  (b) The information furnished in support of a filing may include:
  (1) the experience or judgment of the insurer or rate  service  organ-
ization making the rate;
  (2)  its interpretation of any statistical data it relies upon, EXCEPT
THAT NO INSURER OR RATE SERVICE ORGANIZATION  SHALL  INCLUDE  DATA  FROM
FACILITIES  LISTED IN SECTION EIGHT HUNDRED THIRTY-SEVEN-S OF THE EXECU-
TIVE LAW;
  (3) the experience of other insurers or rate service organizations; or
  (4) any other relevant factors.

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

                                                           LBD03994-01-5

S. 597                              2

  S 3. This act shall take effect immediately,  provided,  however  that
section  two  of this act shall take effect on the one hundred eightieth
day after it shall have become a law and shall apply to policies  issued
or renewed on or after such effective date.

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Senate Bill S597

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Sponsored By

Ruben Diaz