NY State Senate Bill 2019-S4960

Archive: Last Bill Status - In Senate Committee Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
Apr 02, 2019	referred to education

2019-S4960 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §409-m, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2455
2011-2012: S1135
2013-2014: S2961
2015-2016: S2552
2017-2018: S2865
2021-2022: S5390
2023-2024: S7146

2019-S4960 (ACTIVE) - Summary

Provides for radon testing in public and private schools.

2019-S4960 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4960

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the education law, in relation to
radon testing in schools

 
PURPOSE OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill will amend Insurance Law, adding a new § 2616, to prohibit the
use of: (a) sex; (b) marital status; (c) sexual orientation; (d) age;
(e) consumer credit information or credit score; (f) any measure of a
consumer's price elasticity of demand; (g) employment status or occupa-
tion; (h) income level; (i) educational background or education level
attained; (j) ownership or interest in real property; (k) any other
characteristic indicating or tending to indicate the socioeconomic

status of an individual in any classification plans, rules or rates,
rating plans, or modifications issued by any insurer or insurance compa-
ny group.

 
JUSTIFICATION:

In order to comply with New York State law a person operating a car must
have limited liability auto insurance. Currently, auto insurers doing
business may use any range of factors to determine premiums which leads
to adverse treatment of low-to moderate-income drivers. In the State of
New York, insurance companies are using factors other than a driver's
experience and driving record to calculate a drivers' premium. Insurers
use a wide range of socioeconomic and non-driving factors to determine a
driver's premium. Insurers use credit scores, occupation, level of
educational attainment, marital status, and homeownership in addition to
already prohibited factors such as age and sex. Some insurance companies
even use consumer data to determine whether a customer is likely to shop
around, and then sets prices for its policies accordingly. Using socioe-
conomic and non-driving factors that are not inherently related to a
person's ability to operate a car, safely, forces good drivers who are
of lower socioeconomic status to pay more for our State's obligatory
auto insurance. By using rating factors such as these, good drivers of
lower socioeconomic status are not treated equally in the auto insurance
market place.

The Western New York Law Center, among other state and national organ-
izations, has conducted research looking into the impact of socioeconom-
ic factors on auto insurance premiums for New York Drivers.  The Western

New York Law Center recently did a study that examined over 5,000 rate
quotes for drivers in Western New York. They found that a woman with a
lower socioeconomic status pays as much as 227.11% more folimited
liability auto insurance than a driver with the same driving record and
a high socioeconomic status. A man with a lower socioeconomic status is
charged 174.26% more for limited liability auto insurance than a driver
with the same driving record and a high socioeconomic status. Simply
put, when all driving related factors are held constant, drivers with
lower levels of education, occupational status, marital status, and
renters all pay between 1.74 to 2.27 times as much for auto insurance as
their higher status peers.

It is time to stop allowing these rating practices which aid in perpet-
uating the cycle of poverty.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S2854 - Referred to Insurance
2016: 5.7904 - Referred to Insurance

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S4960 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4960
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 2, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law,  in  relation  to  radon  testing  in
   schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section  409-m
 to read as follows:
   §  409-M.  RADON TESTING IN SCHOOLS. 1. THE PROVISIONS OF THIS SECTION
 SHALL APPLY TO ALL PUBLIC AND PRIVATE  SCHOOLS  AND  EDUCATIONAL  INSTI-
 TUTIONS  WITHIN THE STATE, SERVING STUDENTS AT ANY LEVEL FROM KINDERGAR-
 TEN THROUGH TWELFTH GRADE.
   2. EVERY SCHOOL OR INSTITUTION SET FORTH IN SUBDIVISION  ONE  OF  THIS
 SECTION SHALL CONDUCT RADON TESTS, MONITOR ACTIVITIES AND REMEDIATION IN
 THE  MANNER  AND  WITH  THE  FREQUENCY PROVIDED BY RULES AND REGULATIONS
 PROMULGATED BY THE COMMISSIONER.
   3. EVERY SCHOOL OR INSTITUTION SET FORTH IN SUBDIVISION  ONE  OF  THIS
 SECTION  SHALL  MAKE  AVAILABLE,  IN A LOCATION EASILY ACCESSIBLE TO THE
 PUBLIC DURING ADMINISTRATIVE HOURS, THE FOLLOWING INFORMATION:
   (A) RESULTS  OF  ANY  TESTS,  MONITORING  ACTIVITIES,  REMEDIATION  OR
 STUDIES PERFORMED, OR RECOMMENDATIONS WITH RESPECT TO RADON; AND
   (B)  RECORDS  OF  ALL  ACTIONS TAKEN OR AUTHORIZED BY THE SCHOOL OFFI-
 CIALS, SCHOOL EMPLOYEES OR SCHOOL DISTRICT.
   4. (A) COPIES OF THE INFORMATION REQUIRED BY SUBDIVISION THREE OF THIS
 SECTION RELATING TO RADON SHALL BE MADE AVAILABLE AT A REASONABLE CHARGE
 AND SUCH DATA MAY ALSO BE AVAILABLE IN  ELECTRONIC  FORM  IF  ACCESS  IS
 EASILY AVAILABLE AND INSTRUCTIONS ARE PROVIDED.
   (B)  ANNUALLY,  AS  DETERMINED  BY EACH SCHOOL, SUCH INFORMATION FILED
 DURING THE PREVIOUS TWELVE MONTHS SHALL BE STORED IN A LOCATION CONSIST-
 ENT WITH OTHER ENVIRONMENTAL AND BUILDING MAINTENANCE  DOCUMENTS  FOR  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10491-01-9

 S. 4960                             2
 
 PERIOD  OF  TEN  YEARS  UNLESS SUCH DOCUMENTS ARE REQUIRED BY FEDERAL OR
 STATE LAW TO BE STORED FOR A LONGER PERIOD OF TIME.
   (C)  AT  LEAST ANNUALLY, PARENTS OF ALL STUDENTS SHALL RECEIVE PRINTED
 NOTICE FROM EITHER AN INDIVIDUAL SCHOOL OR THE SCHOOL DISTRICT THAT SUCH
 INFORMATION IS AVAILABLE. SUCH NOTICE MAY  BE  PART  OF  A  SCHOOL'S  OR
 SCHOOL  DISTRICT'S PARENT INFORMATION PROGRAM, INCLUDING BUT NOT LIMITED
 TO NEWSLETTERS, LETTERS, FLYERS, AND OTHER PRINTED MEANS OF DISTRIBUTING
 INFORMATION.
   5. NO SCHOOL OR EMPLOYEE OF A SCHOOL SHALL BE HELD CIVILLY  OR  CRIMI-
 NALLY  LIABLE  FOR  ANY  FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS
 SECTION, UNLESS SUCH FAILURE CONSTITUTES NEGLIGENCE,  GROSS  NEGLIGENCE,
 OR  INTENTIONAL  MISCONDUCT.  NOTHING CONTAINED IN THIS SECTION SHALL BE
 CONSTRUED AS LIMITING ANY LEGAL CAUSE OF ACTION OR  REMEDY  AT  LAW,  IN
 STATUTE  OR  IN  EQUITY THAT EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
 SECTION.
   § 2. This act shall take effect July 1, 2020.

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Senate Bill S4960

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

2019-S4960 (ACTIVE) - Details

2019-S4960 (ACTIVE) - Summary

2019-S4960 (ACTIVE) - Sponsor Memo

2019-S4960 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4960

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Education Committee

2019-S4960 (ACTIVE) - Details

2019-S4960 (ACTIVE) - Summary

2019-S4960 (ACTIVE) - Sponsor Memo

2019-S4960 (ACTIVE) - Bill Text download pdf

Comments