Assembly Bill A10292A

Vetoed By Governor
2015-2016 Legislative Session

Relates to filing a report on examination

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Sponsored By

Archive: Last Bill Status Via S7534 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2015-A10292 - Details

See Senate Version of this Bill:
S7534
Law Section:
Insurance Law
Laws Affected:
Amd §311, Ins L

2015-A10292 - Summary

Relates to filing a report on examination.

2015-A10292 - Bill Text download pdf

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

                                  10292

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Insurance

AN  ACT  to amend the insurance law, in relation to the establishment of
  an administrative procedure for guidance, regulations,  inquiries  and
  examinations by the department of financial services

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

  Section 1. Section 301 of the insurance law  is  amended  to  read  as
follows:
  S  301.  Regulations  by  superintendent. (A) The superintendent shall
have the power to prescribe and from time to time withdraw or amend,  in
writing, regulations, not inconsistent with the provisions of this chap-
ter:
  [(a)] (1) governing the duties assigned to the members of the staff of
the department;
  [(b)] (2) effectuating any power, given to him under the provisions of
this chapter to prescribe forms or otherwise make regulations;
  [(c)] (3) interpreting the provisions of this chapter; and
  [(d)]  (4)  governing the procedures to be followed in the practice of
the department.
  (B) WHEN PROPOSING ANY REGULATION, RULE OR GUIDANCE,  THE  SUPERINTEN-
DENT  SHALL  CONSIDER  AND  DETERMINE  WHETHER OR NOT SUCH PROPOSAL WILL
CAUSE UNDUE DELETERIOUS ECONOMIC EFFECT OR  HAVE  AN  OVERLY  BURDENSOME
IMPACT UPON ANY LICENSED ENTITY UPON WHICH IT IS INTENDED TO BE IMPOSED,
TAKING  INTO  PARTICULAR ACCOUNT ANY DISPROPORTIONATE IMPACT THAT IT MAY
HAVE ON A DOMESTIC LICENSED ENTITY, AND WHETHER OR NOT THE PROPOSAL WILL
NEGATIVELY IMPACT THE AFFORDABILITY OR AVAILABILITY OF A  PRODUCT  BEING
OFFERED BY THE LICENSED ENTITY. IN MAKING THAT DETERMINATION, THE SUPER-
INTENDENT SHOULD SET FORTH IN A WRITTEN STATEMENT THE PURPOSE OF, NECES-
SITY  FOR  AND  EXPECTED  BENEFITS TO BE DERIVED FROM THE PROPOSAL. SUCH
STATEMENT SHALL ALSO DETAIL THE PROJECTED COSTS OF  COMPLYING  WITH  THE
PROPOSAL, WHICH SHALL INCLUDE:
  (1)  THE  COSTS  ASSOCIATED  WITH  IMPLEMENTING  THE  PROPOSAL  BY THE
LICENSED ENTITY, INCLUDING BUT NOT LIMITED TO HUMAN RESOURCE, TECHNOLOGY

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

co-Sponsors

2015-A10292A (ACTIVE) - Details

See Senate Version of this Bill:
S7534
Law Section:
Insurance Law
Laws Affected:
Amd §311, Ins L

2015-A10292A (ACTIVE) - Summary

Relates to filing a report on examination.

2015-A10292A (ACTIVE) - Bill Text download pdf

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

                                10292--A

                          I N  A S S E M B L Y

                              May 20, 2016
                               ___________

Introduced  by  M.  of A. CAHILL, STECK -- read once and referred 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 filing a report in
  examination

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

  Section  1.  Section  311  of  the insurance law is amended to read as
follows:
  S 311. Filing of report on  examination.  (a)  Except  as  hereinafter
provided the superintendent may withhold from public inspection for such
time  as  he  deems  proper  any  report on examination made pursuant to
section three hundred ten of this article.
  (b) (1) AN EXAMINATION SHALL BE CONSIDERED CLOSED WHEN THE  REPORT  ON
EXAMINATION  IS  ADOPTED BY THE SUPERINTENDENT. Before adopting any such
report and filing it for public  inspection,  the  superintendent  shall
notify  the  insurer  or  other  person  examined of its contents [and],
WHETHER ANY FINE WILL BE IMPOSED OR ANY REGULATORY ACTION WILL BE  TAKEN
AS  A RESULT OF THE EXAMINATION AND THE AMOUNT OF ANY FINE TO BE IMPOSED
OR NATURE OF ANY REGULATORY ACTION TO BE TAKEN. THE SUPERINTENDENT shall
ALSO afford such insurer or other person  a  reasonable  opportunity  to
obtain  further details and to demand a hearing with reference to facts,
conclusions or recommendations [therein] contained IN THE REPORT, OR ANY
FINE TO BE IMPOSED OR REGULATORY ACTION TO TAKEN  AS  A  RESULT  OF  THE
EXAMINATION.
  (2)  If  a  hearing  is  requested  within ten days after [the giving]
RECEIPT of [such] THE notice REQUIRED PURSUANT TO PARAGRAPH ONE OF  THIS
SUBSECTION,  the  superintendent  shall  give  notice  and  a hearing in
accordance with the provisions of this article. Such  hearing  shall  be
held before the superintendent or a deputy superintendent.
  (c)  The  report  on  examination, with modifications thereof, if any,
shall be [accepted] ADOPTED by the superintendent and filed  for  public
inspection  within  six months after WRITTEN ACCEPTANCE OF THE REPORT BY
THE INSURER OR OTHER PERSON EXAMINED, OR THE final hearing thereon  [and

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

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