NY State Senate Bill 2019-S4868A

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 06, 2020	print number 4868a
Jul 06, 2020	amend and recommit to insurance
Jan 08, 2020	referred to insurance
Mar 28, 2019	referred to insurance

Bill Amendments

Original

A (Active)

2019-S4868 - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §2353, Ins L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3853
2015-2016: S2683
2017-2018: S2857
2021-2022: S4946
2023-2024: S6033

2019-S4868 - Summary

Requires owners of firearms to obtain liability insurance in an amount not less than one million dollars.

2019-S4868 - Sponsor Memo

                                
 
BILL NUMBER: S4868

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the insurance law, in relation to
requiring owners of firearms to obtain liability insurance

 
PURPOSE:

To amend the insurance law, to require firearm owners, prior to such
ownership, to obtain and continuously. Maintain a policy of liability
insurance to cover any damages resulting from the use of such firearm.

 
SUMMARY OF PROVISIONS:

Amends the insurance law by adding a new session 2353 in order to
require firearm owners to obtain and continuously maintain a policy of
liability insurance in an amount not less than one million dollars.

 
JUSTIFICATION:

Injury and death by gun has increasingly become a problem in U.S. and in
New York State. In the wake of recent mass shooting incidents in Aurora,
Colorado and Newtown, Connecticut; there has been a nationwide attention
on gun control and public safety.

According to FBI Crime Report, there were 445 firearm murder in New York
in 2011 and 517 firearm. murder in 2010. However, there is little atten-
tion on the economic impact these shootings have on the victims and
their families.

This legislation establishes and requires gun-owners to obtain and main-
tain liability insurance policy prior to such ownership. By having this
insurance, policy in place, innocent victims of gun-related accidents
and violence will be compensated for the medical care for their inju-
ries.

In such cases where the gun was stolen, the original owner is typically
not liable unless the weapon was stolen through negligence on the part
of the owner.

This insurance policy will also serve as an incentive for firearm owners
to implement safety measures in order to conduct the activity as safely
as possible and only when necessary.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S2857A - REFERRED TO INSURANCE
2015-16: S.2683 - Referred to Insurance
2013-14: S.3853 - Referred to Insurance

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect the ninetieth day after it shall have become
law, in addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made and completed on or before such date.

2019-S4868 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4868
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  requiring  owners  of
   firearms to obtain liability insurance
 
   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  2353
 to read as follows:
   §  2353.  FIREARM  OWNERS  INSURANCE POLICIES. 1.   ANY PERSON IN THIS
 STATE WHO SHALL OWN A FIREARM SHALL, PRIOR TO SUCH OWNERSHIP, OBTAIN AND
 CONTINUOUSLY MAINTAIN A POLICY OF LIABILITY INSURANCE IN AN  AMOUNT  NOT
 LESS  THAN ONE MILLION DOLLARS SPECIFICALLY COVERING ANY DAMAGES RESULT-
 ING FROM ANY NEGLIGENT OR WILLFUL ACTS INVOLVING THE USE OF SUCH FIREARM
 WHILE IT IS OWNED BY SUCH PERSON. FAILURE  TO  MAINTAIN  SUCH  INSURANCE
 SHALL  RESULT  IN THE IMMEDIATE REVOCATION OF SUCH OWNER'S REGISTRATION,
 LICENSE AND ANY OTHER PRIVILEGE TO OWN SUCH FIREARM.
   2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED  TO  BE  THE
 OWNER  OF A FIREARM IF SUCH FIREARM IS LOST OR STOLEN UNTIL SUCH LOSS OR
 THEFT IS REPORTED TO THE POLICE DEPARTMENT OR SHERIFF WHICH  HAS  JURIS-
 DICTION  IN  THE  COUNTY,  TOWN,  CITY  OR  VILLAGE  IN WHICH SUCH OWNER
 RESIDES.
   3. ANY PERSON WHO OWNS A FIREARM ON THE EFFECTIVE DATE OF THIS SECTION
 SHALL OBTAIN THE INSURANCE REQUIRED BY THIS SECTION WITHIN  THIRTY  DAYS
 OF SUCH EFFECTIVE DATE.
   4.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PEACE OFFI-
 CER, AS DEFINED IN SECTION 2.10 OF THE CRIMINAL  PROCEDURE  LAW,  POLICE
 OFFICER,  AS  DEFINED  IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW, OR ANY MEMBER OF THE MILITARY WHO IS ON  "ACTIVE
 DUTY" OR "IN ACTIVE MILITARY SERVICE OF THE UNITED STATES" AS DEFINED IN
 SECTION ONE OF THE MILITARY LAW, WHO IS AUTHORIZED TO CARRY A FIREARM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06616-02-9

 S. 4868                             2
 
   5.  THE  DEPARTMENT  IS  HEREBY  AUTHORIZED AND DIRECTED TO PROMULGATE
 RULES AND REGULATIONS NECESSARY TO CARRY  OUT  THE  PROVISIONS  OF  THIS
 SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.

2019-S4868A (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §2353, Ins L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3853
2015-2016: S2683
2017-2018: S2857
2021-2022: S4946
2023-2024: S6033

2019-S4868A (ACTIVE) - Summary

Requires owners of firearms to obtain liability insurance in an amount not less than one million dollars.

2019-S4868A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4868A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the insurance law, in relation to requiring owners of
firearms to obtain liability insurance

 
PURPOSE:

To amend the insurance law, to require firearm owners, prior to such
ownership, to obtain and continuously maintain a policy of liability
insurance to cover any damages resulting from the use of such firearm.

 
SUMMARY OF PROVISIONS:

Amends the insurance law by adding a new session 2353 in order to
require firearm owners to obtain and continuously maintain a policy of
liability insurance in an amount not less than one million dollars.

JUSTIFICATION:

Injury and death by gun-related accidents has increasingly become a
problem in the U.S., and in New York State. In the wake of recent mass
shooting incidents in Aurora, Colorado and Newtown, Connecticut, there
has been a nationwide attention on gun control and public safety.
According to FBI Crime Report, there were 445 firearm murder in New York
in 2011 and 517 firearm murders in 2010. However, there is little atten-
tion on the economic impact these shootings have on the victims and
their families.

This legislation establishes and requires gun-owners to obtain and main-
tain liability insurance policy prior to such ownership. By having this
insurance policy in place, innocent victims of gun-related accidents
will be compensated for the medical care for their injuries.

In such cases where the gun was stolen, the original owner is typically
not liable unless the weapon was stolen through negligence on the part
of the owner. In addition, the insurance policy will also serve as an
incentive for firearm owners to implement safety measures in order to
conduct the activity as safely as possible and only when necessary.

 
PRIOR LEGISLATIVE HISTORY:

2017-18:S2857A - REFERRED TO INSURANCE
2015-16:S.2683- Referred to Insurance
2013-14:S.3853- Referred to Insurance

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect the ninetieth day after it shall have become
law, in addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made and completed on or before such date.

2019-S4868A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4868--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance  --  recommitted
   to the Committee on Insurance in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the insurance law, in relation to  requiring  owners  of
   firearms to obtain liability insurance
 
   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  2353
 to read as follows:
   §  2353.  FIREARM  OWNERS  INSURANCE POLICIES. 1.   ANY PERSON IN THIS
 STATE WHO SHALL OWN A FIREARM SHALL, PRIOR TO SUCH OWNERSHIP, OBTAIN AND
 CONTINUOUSLY MAINTAIN A POLICY OF LIABILITY INSURANCE IN AN  AMOUNT  NOT
 LESS  THAN ONE MILLION DOLLARS SPECIFICALLY COVERING ANY DAMAGES RESULT-
 ING FROM ANY NEGLIGENT ACTS INVOLVING THE USE OF SUCH FIREARM  WHILE  IT
 IS OWNED BY SUCH PERSON. FAILURE TO MAINTAIN SUCH INSURANCE SHALL RESULT
 IN  THE  IMMEDIATE  REVOCATION OF SUCH OWNER'S REGISTRATION, LICENSE AND
 ANY OTHER PRIVILEGE TO OWN SUCH FIREARM.
   2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL BE DEEMED  TO  BE  THE
 OWNER  OF A FIREARM IF SUCH FIREARM IS LOST OR STOLEN UNTIL SUCH LOSS OR
 THEFT IS REPORTED TO THE POLICE DEPARTMENT OR SHERIFF WHICH  HAS  JURIS-
 DICTION  IN  THE  COUNTY,  TOWN,  CITY  OR  VILLAGE  IN WHICH SUCH OWNER
 RESIDES.
   3. ANY PERSON WHO OWNS A FIREARM ON THE EFFECTIVE DATE OF THIS SECTION
 SHALL OBTAIN THE INSURANCE REQUIRED BY THIS SECTION WITHIN  THIRTY  DAYS
 OF SUCH EFFECTIVE DATE.
   4.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PEACE OFFI-
 CER, AS DEFINED IN SECTION 2.10 OF THE CRIMINAL  PROCEDURE  LAW,  POLICE
 OFFICER,  AS  DEFINED  IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW, OR ANY MEMBER OF THE MILITARY WHO IS ON  "ACTIVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06616-03-0

 S. 4868--A                          2
 
 DUTY" OR "IN ACTIVE MILITARY SERVICE OF THE UNITED STATES" AS DEFINED IN
 SECTION ONE OF THE MILITARY LAW, WHO IS AUTHORIZED TO CARRY A FIREARM.
   5.  THE  DEPARTMENT  IS  HEREBY  AUTHORIZED AND DIRECTED TO PROMULGATE
 RULES AND REGULATIONS NECESSARY TO CARRY  OUT  THE  PROVISIONS  OF  THIS
 SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.

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Senate Bill S4868A

Sponsored By

Archive: Last Bill Status - In Senate Committee Insurance Committee

Bill Amendments

2019-S4868 - Details

2019-S4868 - Summary

2019-S4868 - Sponsor Memo

2019-S4868 - Bill Text download pdf

2019-S4868A (ACTIVE) - Details

2019-S4868A (ACTIVE) - Summary

2019-S4868A (ACTIVE) - Sponsor Memo

2019-S4868A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4868A

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Insurance Committee

Bill Amendments

2019-S4868 - Details

2019-S4868 - Summary

2019-S4868 - Sponsor Memo

2019-S4868 - Bill Text download pdf

2019-S4868A (ACTIVE) - Details

2019-S4868A (ACTIVE) - Summary

2019-S4868A (ACTIVE) - Sponsor Memo

2019-S4868A (ACTIVE) - Bill Text download pdf

Comments