Senate Bill S5904

2021-2022 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

download bill text pdf

Sponsored By

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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2021-S5904 (ACTIVE) - Details

See Assembly Version of this Bill:
A3082
Current Committee:
Senate Insurance
Law Section:
Insurance Law
Laws Affected:
Add §2618, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7904, A8606
2017-2018: S2854, A2849
2019-2020: S7667, A7040
2023-2024: S6685, A843

2021-S5904 (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.

2021-S5904 (ACTIVE) - Sponsor Memo

2021-S5904 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5904
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 Introduced by Sens. PARKER, MYRIE -- 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 2618
 to read as follows:
   § 2618. 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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