Senate Bill S2854

2017-2018 Legislative Session

Prohibits motor vehicle insurers from discrimination on the basis of socioeconomic factors in determining algorithms used to construct actuarial tables, coverage terms, premiums and/or rates

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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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2017-S2854 (ACTIVE) - Details

See Assembly Version of this Bill:
A2849
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §2616, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7904, A8606
2019-2020: S7667, A7040
2021-2022: S5904, A3082
2023-2024: S6685, A843

2017-S2854 (ACTIVE) - Summary

Prohibits motor vehicle insurers from discrimination on the basis of socioeconomic factors in determining algorithms used to construct actuarial tables, coverage terms, premiums and/or rates.

2017-S2854 (ACTIVE) - Sponsor Memo

2017-S2854 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2854
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sens. PARKER, PERKINS -- 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  prohibiting  motor
   vehicle insurers from discriminating based on socioeconomic factors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The insurance law is amended by adding a new  section  2616
 to read as follows:
   § 2616. RATING FACTORS PROHIBITED. (A) ANY INSURER OR INSURANCE COMPA-
 NY  GROUP DOING BUSINESS IN THE STATE AS A MOTOR VEHICLE INSURER MAY NOT
 USE CLASSIFICATION PLANS, RULES OR RATES, RATING PLANS OR  MODIFICATIONS
 OF ANY OF THE FOREGOING, BASED IN WHOLE OR IN PART ON THE FACTORS SPECI-
 FIED  IN  THIS SECTION. ANY CLASSIFICATION PLANS, RULES OR RATES, RATING
 PLANS OR MODIFICATIONS ISSUED BY SAID INSURER OR INSURANCE COMPANY GROUP
 USING THE FOLLOWING FACTORS IN WHOLE OR  IN  PART  SHALL  BE  DEEMED  TO
 VIOLATE  PUBLIC POLICY AND ARE SUBJECT TO DISAPPROVAL BY THE SUPERINTEN-
 DENT:
   (1) AGE;
   (2) MARITAL STATUS;
   (3) SEX;
   (4) SEXUAL ORIENTATION;
   (5) EDUCATIONAL BACKGROUND OR EDUCATION LEVEL ATTAINED;
   (6) EMPLOYMENT STATUS OR OCCUPATION;
   (7) INCOME LEVEL;
   (8) CONSUMER CREDIT INFORMATION OR SCORE;
   (9) OWNERSHIP OR INTEREST IN REAL PROPERTY;
   (10) ANY INDICATION OF A CONSUMER'S PRICE ELASTICITY OF DEMAND; AND
   (11) ANY OTHER CHARACTERISTIC INDICATING OR TENDING  TO  INDICATE  THE
 SOCIOECONOMIC STATUS OF AN INDIVIDUAL.
   (B)  IT SHALL FURTHER BE UNLAWFUL TO CONSIDER THE FACTORS SPECIFIED IN
 SUBDIVISION (A) OF THIS SECTION TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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