NY State Senate Bill 2009-S2092

Senate Bill S2092

2009-2010 Legislative Session

Expands definition of service contracts to include contracts made by a supplier or seller of a service for repair of cracks or chips in a motor vehicle windshield

download bill text pdf

Archive: Last Bill Status - In Assembly 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
Jun 30, 2010	referred to insurance delivered to assembly passed senate
Feb 22, 2010	advanced to third reading
Feb 09, 2010	2nd report cal.
Feb 08, 2010	1st report cal.99
Jan 06, 2010	referred to insurance
Jul 16, 2009	committed to rules
Feb 25, 2009	advanced to third reading
Feb 24, 2009	2nd report cal.
Feb 23, 2009	1st report cal.51
Feb 11, 2009	referred to insurance

Votes

- Jun 30, 2010 - Floor Vote
  S2092
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 30, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Feb 8, 2010 - Insurance Committee Vote
  S2092
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Feb 8, 2010
      
      aye (18)
      
      Alesi
      
      Breslin
      
      Diaz
      
      Espada
      
      Golden
      
      Johnson
      
      Kruger
      
      LaValle
      
      Larkin
      
      Leibell
      
      McDonald
      
      Monserrate
      
      Parker
      
      Sampson
      
      Seward
      
      Stachowski
      
      Thompson
      
      Young

2009-S2092 (ACTIVE) - Details

See Assembly Version of this Bill:: A8206
Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§7902 & 7903, Ins L
Versions Introduced in 2011-2012 Legislative Session:: S4040, A3782

2009-S2092 (ACTIVE) - Summary

Expands definition of service contracts to include contracts made by a supplier or seller of a service for repair of cracks or chips in a motor vehicle windshield and for repair or removal of dents, dings or creases from a motor vehicle without affecting the existing paint finish.

2009-S2092 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2092

 TITLE OF BILL :

An act to amend the insurance law, in relation to service contracts


 PURPOSE OR GENERAL IDEA OF BILL :

To allow a seller or supplier of windshield repair or paintless dent
removal services to offer service contracts for the (i) repair chips
or cracks in a motor vehicle windshield, but not including services
that involve the replacement of the entire windshield, and (ii) repair
or removal of dents, dings or creases from a motor vehicle without
affecting the existing paint finish using paintless dent repair
techniques, but not including services that involve the replacement of
vehicle body panels, or sanding, bonding or painting.

 SUMMARY OF PROVISIONS :

Section 1. Amends the definition of "service contract" to include
windshield repair and paintless dent removal services.

Section 2. Requires providers of service contracts, shall at least
thirty days prior to the effective date of an initial provider fee, or
change in a provider fee, file the amount of the provider fee with the

superintendent and such filing shall be open to public inspection; and
provided further that the provider fee shall not exceed the amount
filed.

Section 3. Effective Date.

 JUSTIFICATION :

Service contracts are popular products with consumers because it gives
them peace of mind, knowing that they have managed the cost of future
repairs of their vehicles. Allowing the provision of windshield repair
and paintless dent removal service contracts be sellers and suppliers
of such services will give consumers the option of purchasing such
coverage in lieu of bearing the risk of repair.  Through the purchase
of these contracts, consumers will not have to bear the cost of
repairing cracks or chips in their vehicle windshields, or removing
small dents, dings or creases from their motor vehicles.

This bill also provides the superintendent of insurance with the
necessary oversight to make sure that the cost of these service
contracts are of a reasonable nature.

 PRIOR LEGISLATIVE HISTORY :

2007/2008 (Similar to S.7111) Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately after it shall have become a
law.

2009-S2092 (ACTIVE) - Bill Text download pdf

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

                                  2092

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sen. BRESLIN -- 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 service contracts

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

  Section  1.  Subsection  (k)  of section 7902 of the insurance law, as
amended by chapter 264 of the laws  of  2006,  is  amended  to  read  as
follows:
  (k)  "Service  contract" means a contract or agreement, for a separate
or additional consideration, for a  specific  duration  to  perform  the
repair,  replacement  or maintenance of property, or indemnification for
repair, replacement or maintenance, due to  a  defect  in  materials  or
workmanship  or  wear and tear, with or without additional provision for
indemnity payments for incidental damages, provided any  such  indemnity
payment per incident shall not exceed the purchase price of the property
serviced.    Service  contracts may include towing, rental and emergency
road service, and may also provide for the repair, replacement or  main-
tenance  of  property  for  damage resulting from power surges and acci-
dental  damage  from  handling.  Service  contracts  may  also   include
contracts  to  repair,  replace  or  maintain residential appliances and
systems. Such term shall also mean a contract or agreement made  (1)  by
or  for the manufacturer or seller of a motor vehicle tire for repair or
replacement of the tire or wheel as the result of damage arising from  a
road  hazard,  (2)  BY  OR  FOR  THE SUPPLIER OR SELLER OF A SERVICE FOR
REPAIR OF CHIPS OR CRACKS IN A MOTOR VEHICLE WINDSHIELD, BUT NOT INCLUD-
ING SERVICES THAT INVOLVE THE REPLACEMENT OF THE ENTIRE WINDSHIELD,  AND
(3)  BY OR FOR THE SUPPLIER OR SELLER OF A SERVICE FOR REPAIR OR REMOVAL
OF DENTS, DINGS OR CREASES FROM A MOTOR VEHICLE  WITHOUT  AFFECTING  THE
EXISTING  PAINT  FINISH  USING PAINTLESS DENT REPAIR TECHNIQUES, BUT NOT
INCLUDING SERVICES THAT INVOLVE THE REPLACEMENT OF VEHICLE BODY  PANELS,
OR SANDING, BONDING OR PAINTING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08900-01-9

S. 2092                             2

  S  2. Subsection (a) of section 7903 of the insurance law, as added by
chapter 614 of the laws of 1997, is amended to read as follows:
  (a)  [Nothwithstanding]  NOTWITHSTANDING  any  other provision of this
chapter to the contrary, the marketing, sale, offering for  sale,  issu-
ance,  making, proposing to make and administration of service contracts
by any provider, administrator or other person, shall be exempt from all
other provisions of this chapter. A provider may, but  is  not  required
to, appoint an administrator or other designee to be responsible for any
or  all  of  the administration of service contracts and compliance with
this article.  NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  ARTICLE,  A
PROVIDER  OF  A SERVICE CONTRACT, AS DEFINED IN PARAGRAPHS TWO AND THREE
OF SUBSECTION (K) OF SECTION SEVEN THOUSAND NINE  HUNDRED  TWO  OF  THIS
ARTICLE,  SHALL,  AT LEAST THIRTY DAYS PRIOR TO THE EFFECTIVE DATE OF AN
INITIAL PROVIDER FEE, OR A CHANGE IN A PROVIDER FEE, FILE THE AMOUNT  OF
THE  PROVIDER  FEE WITH THE SUPERINTENDENT AND SUCH FILING SHALL BE OPEN
TO PUBLIC INSPECTION; AND PROVIDED FURTHER THAT THE PROVIDER  FEE  SHALL
NOT EXCEED THE AMOUNT FILED.
  S 3. This act shall take effect immediately.

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