NY State Senate Bill 2011-S4043

Senate Bill S4043

2011-2012 Legislative Session

Relates to encouraging modernization of mutual and cooperative insurance companies' information systems technology

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance 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 04, 2012	referred to insurance returned to senate died in assembly
Jun 21, 2011	referred to insurance delivered to assembly passed senate
Jun 13, 2011	advanced to third reading
Jun 07, 2011	2nd report cal.
Jun 06, 2011	1st report cal.1022
May 31, 2011	print number 4043a
May 31, 2011	amend and recommit to insurance
Mar 15, 2011	referred to insurance

Votes

- Jun 21, 2011 - Floor Vote
  S4043
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 6, 2011 - Insurance Committee Vote
  S4043
  
  13
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Jun 6, 2011
      
      aye (13)
      
      Breslin
      
      Espaillat
      
      Flanagan
      
      Golden
      
      Grisanti
      
      Kennedy
      
      Lanza
      
      Larkin
      
      Martins
      
      Saland
      
      Seward
      
      Smith
      
      Young
      
      nay (1)
      
      Diaz
      
      aye wr (3)
      
      Kruger
      
      LaValle
      
      Peralta
      
      absent (1)
      
      Parker

Bill Amendments

Original

A (Active)

2011-S4043 - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§4110 & 6613, Ins L
Versions Introduced in 2013-2014 Legislative Session:: S7353

2011-S4043 - Summary

Relates to expenses incurred during the modernization of mutual and cooperative insurance companies' information systems technology.

2011-S4043 - Sponsor Memo

                                BILL NUMBER:S4043

TITLE OF BILL:
An act
to amend the insurance law, in relation to encouraging modernization of
mutual and cooperative insurance companies' information systems
technology

PURPOSE:
Domestic mutual and co-operative property/casualty insurance
companies are bound by New York law to hold their management expenses
below a certain percentage of their net written premium income. These
caps can inhibit companies from making necessary upgrades and
improvements to their computer systems and software. This bill is
designed to permit both mutuals and cooperative property/casualty
insurers to make such important expenditures by temporarily raising
the management expenses cap when computer upgrade expenses result in
exceeding such cap. An additional protection against excessive costs
being incurred for such upgrades is contained in the bill by
providing that in no event shall the cap be raised by more than 5
percentage points.

SUMMARY OF PROVISIONS:
Section 1. Amend Insurance Law section 4110(a)
to temporarily raise the management expenses limit for domestic
mutual property/casualty insurance companies if they incur expenses

upon making a new system upgrade which places the insurer's total
management expenses over the limit This temporary increase in the
limit could not exceed 5 percentage points. In essence, this would
allow such expenses to be made even if they cause the mutual insurer
to exceed the statute's management expenses cap.

Section 2. Amend Insurance Law section 6613(a) to similarly increase
the management expenses limit for cooperative property/casualty
insurance companies if they incur expenses upon making a new system
upgrade which places their total management expenses over the limit.
This temporary increase in the limit could not exceed 5 percentage
points. In essence, this would allow such expenses to be made even if
they cause the cooperative insurer to exceed the statute's management
expenses cap.

Section 3. Effective date is immediately upon enactment.

JUSTIFICATION:
Domestic mutual property/casualty insurance companies
are important drivers of the New York state economy, employing well
over 2,000 New Yorkers. In addition, they provide important
property/casualty coverage to numerous New York businesses and
individuals as well as businesses and individuals in other states.
This legislation would assist mutual insurers by encouraging these
companies to acquire state of the art, modem computer and
information technology systems for purposes of maximizing customer
service. In today's world, insurance consumers increasingly want
"24/7" access to their insurer and its services, whether reporting a
claim or filling out a renewal for their policy. Since the vast
majority of these mutual insurance companies are providing services


to residents and businesses in other states, this measure helps keep
these insurers thriving in New York as they engage in competition
with non-New York domiciled property/casualty insurers to keep those
other states' residents and businesses using insurance products
created, sold and managed by New York domestic companies employing
New Yorkers.

In a similar vein, this bill would also help cooperative insurance
companies to continue to serve their vital role in the New York
property/casualty insurance market. Cooperatives are the major
insurance writers of farm owners' coverage and agricultural-related
small businesses, small contractors' liability insurance, seasonal
businesses, as
well as small diners and taverns. Co-ops also provide employment for
over 2.200 professional and clerical staff in New York State, with
the vast bulk of these jobs spread throughout Upstate New York.
Furthermore. New York cooperative insurance companies provide
necessary property/casualty coverage to over 70,000 New York State
small businesses.

In sum, this proposed legislation would help both domestic mutual
insurance companies and cooperative insurance companies to upgrade
their computer hardware and software in order to provide their
customers with the most efficient and effective means of doing
business.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S4043 - Bill Text download pdf

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

                                  4043

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 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, in relation to encouraging moderniza-
  tion  of  mutual  and  cooperative  insurance  companies'  information
  systems technology

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

  Section 1. Subsection (a) of section 4110 of  the  insurance  law,  as
amended  by  chapter  527  of  the  laws  of 2006, is amended to read as
follows:
  (a) No domestic mutual property/casualty insurance company licensed to
write a kind of insurance specified in  paragraph  seven,  eight,  nine,
ten,  eleven,  thirteen,  fourteen,  fifteen,  sixteen  or  seventeen of
subsection (a) of section one thousand  one  hundred  thirteen  of  this
chapter  shall expend in any one calendar year for management expenses a
greater amount than thirty percent of the sum of its net premium  income
and  seventy-five  percent  of  its  investment  income  for  such year;
provided that any insurer whose principal line of  business  is  medical
malpractice  liability  insurance or any insurer who is the subject of a
proceeding pursuant to article seventy-four of this  chapter  shall  not
expend  in  any  one  calendar  year  for management expenses, a greater
amount than thirty percent of its net  premium  income  for  such  year.
Management expenses shall be held to include all expenses of the company
except expenses incurred in the investigation, adjustment and settlement
of  claims,  taxes, fees and expenses of examination, and taxes, repairs
and expenses on real estate. In applying the provisions of this  section
the  net premium income of, and expenses of, boiler and machinery insur-
ance or elevator insurance shall not be included.  IN THE EVENT EXPENSES
INCURRED IN MAKING A NEW SYSTEM  UPGRADE  RESULT  IN  THIS  SUBSECTION'S
MANAGEMENT EXPENSES LIMIT BEING EXCEEDED, THEN THE LIMIT SHALL BE TEMPO-
RARILY  RAISED  TO THE AMOUNT NECESSARY TO ENCOMPASS THE AFORESTATED NEW

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10052-01-1

S. 4043                             2

SYSTEM UPGRADE, PROVIDED THAT IN NO EVENT SHALL THE LIMIT BE RAISED MORE
THAN FIVE PERCENTAGE POINTS. FOR PURPOSES  OF  THIS  SUBSECTION,  A  NEW
SYSTEM UPGRADE IS DEFINED AS THE ACQUISITION, THROUGH PURCHASE, LEASE OR
PURCHASE-LEASE  AGREEMENT,  OF  ELECTRONIC DATA PROCESSING APPARATUS AND
RELATED EQUIPMENT CONSTITUTING A  DATA  PROCESSING,  RECORD  KEEPING  OR
ACCOUNTING SYSTEM AND OPERATING AND NON-OPERATING SOFTWARE.
  S  2.  Subsection (a) of section 6613 of the insurance law, as amended
by chapter 284 of the laws of 1989, is amended to read as follows:
  (a) The expenses of management of any  co-operative  property/casualty
insurance  company  shall  not exceed in any one calendar year forty-two
and one-half percent of its net premiums written for such year. The term
"net premiums written" means direct premiums  written  plus  reinsurance
assumed  less  return  premiums  and  reinsurance  ceded.   IN THE EVENT
EXPENSES INCURRED  IN  MAKING  A  NEW  SYSTEM  UPGRADE  RESULT  IN  THIS
SUBSECTION'S  MANAGEMENT  EXPENSES  LIMIT BEING EXCEEDED, THEN THE LIMIT
SHALL BE TEMPORARILY RAISED TO THE AMOUNT  NECESSARY  TO  ENCOMPASS  THE
AFORESTATED  NEW  SYSTEM  UPGRADE,  PROVIDED  THAT IN NO EVENT SHALL THE
LIMIT BE RAISED MORE THAN FIVE PERCENTAGE POINTS. FOR PURPOSES  OF  THIS
SUBSECTION,  A NEW SYSTEM UPGRADE IS DEFINED AS THE ACQUISITION, THROUGH
PURCHASE, LEASE OR PURCHASE-LEASE AGREEMENT, OF ELECTRONIC DATA PROCESS-
ING APPARATUS AND RELATED  EQUIPMENT  CONSTITUTING  A  DATA  PROCESSING,
RECORD  KEEPING  OR  ACCOUNTING  SYSTEM  AND OPERATING AND NON-OPERATING
SOFTWARE.
  S 3. This act shall take effect immediately.

2011-S4043A (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§4110 & 6613, Ins L
Versions Introduced in 2013-2014 Legislative Session:: S7353

2011-S4043A (ACTIVE) - Summary

Relates to expenses incurred during the modernization of mutual and cooperative insurance companies' information systems technology.

2011-S4043A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4043A

TITLE OF BILL:
An act
to amend the insurance law, in relation to encouraging modernization of
mutual and cooperative insurance companies' information systems
technology

PURPOSE:
Domestic mutual and co-operative property/casualty insurance
companies are bound by New York law to hold their management expenses
below a certain percentage of their net written premium income. These
caps can inhibit companies from making necessary upgrades and
improvements to their computer systems and software. This bill is
designed to permit both mutuals and cooperative property/casualty
insurers to make such important expenditures by temporarily raising
the management expenses cap when computer upgrade expenses result in
exceeding such cap. An additional protection against excessive costs
being incurred for such upgrades is contained in the bill by
providing that in no event shall the cap be raised by more than 5
percentage points.

SUMMARY OF PROVISIONS:
Section 1. Amend Insurance Law section 4110(a)
to temporarily raise the management expenses limit for domestic
mutual property/casualty insurance companies if they incur expenses

upon making a new system upgrade which places the insurer's total
management expenses over the limit. This temporary increase in the
limit could not exceed 5 percentage points and would be subject to
approval by the superintendent.
In essence, this would allow such expenses to be made even if they
cause the mutual insurer to exceed the statute's management expenses
cap.

Section 2. Amend Insurance Law section 6613(a) to similarly increase
the management expenses limit for cooperative property/casualty
insurance companies if they incur expenses upon making a new system
upgrade which places their total management expenses over the limit.
This temporary increase in the limit could not exceed 5 percentage
points. In essence, this would allow such expenses to be made even if
they cause the cooperative insurer to exceed the statute's management
expenses cap.

Section 3. Effective date is immediately upon enactment.

JUSTIFICATION:
Domestic mutual property/casualty insurance companies
are important drivers of the New York state economy, employing well
over 2,000 New Yorkers. In addition, they provide important
property/casualty coverage to numerous New York businesses and
individuals as well as businesses and individuals in other states.
This legislation would assist mutual insurers by encouraging these
companies to acquire state of the art, modem computer and information
technology systems for purposes of maximizing customer service. In
today's world, insurance consumers increasingly want "24/1" access to
their insurer and its services, whether reporting a claim or filling


out a renewal for their policy. Since the vast majority of these
mutual insurance companies are providing services to residents and
businesses in other states, this measure helps keep these insurers
thriving in New York as they engage in competition with non-New York
domiciled property/casualty insurers to keep those other states'
residents and businesses using insurance products created, sold and
managed by New York domestic companies employing New Yorkers.

In a similar vein, this bill would also help cooperative insurance
companies to continue to serve their vital role in the New York
property/casualty insurance market. Cooperatives are the major
insurance writers of farm owners' coverage and agricultural-related
small businesses, small contractors' liability insurance, seasonal
businesses, as
well as small diners and taverns. Co-ops also provide employment for
over 2,200 professional and clerical staff in New York State, with
the vast bulk of these jobs spread throughout Upstate New York.
Furthermore, New York cooperative insurance companies provide
necessary property/casualty coverage to over 70,000 New York State
small businesses.

In sum, this proposed legislation would help both domestic mutual
insurance companies and cooperative insurance companies to upgrade
their computer hardware and software in order to provide their
customers with the most efficient and effective means of doing
business.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S4043A (ACTIVE) - Bill Text download pdf

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

                                 4043--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Insurance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the insurance law, in relation to encouraging moderniza-
  tion  of  mutual  and  cooperative  insurance  companies'  information
  systems technology

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

  Section  1.  Subsection  (a)  of section 4110 of the insurance law, as
amended by chapter 527 of the laws  of  2006,  is  amended  to  read  as
follows:
  (a) No domestic mutual property/casualty insurance company licensed to
write  a  kind  of  insurance specified in paragraph seven, eight, nine,
ten, eleven,  thirteen,  fourteen,  fifteen,  sixteen  or  seventeen  of
subsection  (a)  of  section  one  thousand one hundred thirteen of this
chapter shall expend in any one calendar year for management expenses  a
greater  amount than thirty percent of the sum of its net premium income
and seventy-five  percent  of  its  investment  income  for  such  year;
provided  that  any  insurer whose principal line of business is medical
malpractice liability insurance or any insurer who is the subject  of  a
proceeding  pursuant  to  article seventy-four of this chapter shall not
expend in any one calendar  year  for  management  expenses,  a  greater
amount  than  thirty  percent  of  its net premium income for such year.
Management expenses shall be held to include all expenses of the company
except expenses incurred in the investigation, adjustment and settlement
of claims, taxes, fees and expenses of examination, and  taxes,  repairs
and  expenses on real estate. In applying the provisions of this section
the net premium income of, and expenses of, boiler and machinery  insur-
ance or elevator insurance shall not be included.  IN THE EVENT EXPENSES
INCURRED  IN  MAKING  A  NEW  SYSTEM UPGRADE RESULT IN THIS SUBSECTION'S

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10052-02-1

S. 4043--A                          2

MANAGEMENT EXPENSES LIMIT BEING EXCEEDED, THEN THE INSURER SHALL  INFORM
THE  SUPERINTENDENT  SIXTY  DAYS  IN  ADVANCE OF THE EXPENSE LIMIT BEING
EXCEEDED. SUBJECT TO APPROVAL BY THE SUPERINTENDENT, THE LIMIT SHALL  BE
TEMPORARILY  RAISED TO THE AMOUNT NECESSARY TO ENCOMPASS THE AFORESTATED
NEW SYSTEM UPGRADE, PROVIDED THAT IN NO EVENT SHALL THE LIMIT BE  RAISED
MORE  THAN  FIVE  PERCENTAGE  POINTS AND SHALL NOT BE IN EFFECT FOR MORE
THAN SIX YEARS. FOR PURPOSES OF THIS SUBSECTION, A NEW SYSTEM UPGRADE IS
DEFINED AS THE ACQUISITION OF ELECTRONIC DATA PROCESSING  APPARATUS  AND
RELATED  EQUIPMENT  CONSTITUTING  A  DATA  PROCESSING, RECORD KEEPING OR
ACCOUNTING SYSTEM AND OPERATING AND NON-OPERATING SOFTWARE.
  S 2. Subsection (a) of section 6613 of the insurance law,  as  amended
by chapter 284 of the laws of 1989, is amended to read as follows:
  (a)  The  expenses of management of any co-operative property/casualty
insurance company shall not exceed in any one  calendar  year  forty-two
and one-half percent of its net premiums written for such year. The term
"net  premiums  written"  means direct premiums written plus reinsurance
assumed less return premiums  and  reinsurance  ceded.    IN  THE  EVENT
EXPENSES  INCURRED  IN  MAKING  A  NEW  SYSTEM  UPGRADE  RESULT  IN THIS
SUBSECTION'S MANAGEMENT EXPENSES LIMIT BEING EXCEEDED, THEN THE  INSURER
SHALL  INFORM  THE  SUPERINTENDENT  SIXTY DAYS IN ADVANCE OF THE EXPENSE
LIMIT BEING EXCEEDED. THE LIMIT  SHALL  BE  TEMPORARILY  RAISED  TO  THE
AMOUNT  NECESSARY  TO  ENCOMPASS  THE  AFORESTATED  NEW  SYSTEM UPGRADE,
PROVIDED THAT IN NO EVENT SHALL THE  LIMIT  BE  RAISED  MORE  THAN  FIVE
PERCENTAGE  POINTS  AND  SHALL NOT BE IN EFFECT FOR MORE THAN SIX YEARS.
FOR PURPOSES OF THIS SUBSECTION, A NEW SYSTEM UPGRADE IS DEFINED AS  THE
ACQUISITION  OF  ELECTRONIC DATA PROCESSING APPARATUS AND RELATED EQUIP-
MENT CONSTITUTING A DATA PROCESSING, RECORD KEEPING OR ACCOUNTING SYSTEM
AND OPERATING AND NON-OPERATING SOFTWARE.
  S 3. This act shall take effect immediately.

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