NY State Senate Bill 2021-S7658

Archive: Last Bill Status Via A8869 - Passed Senate

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2022	returned to assembly passed senate 3rd reading cal.765 substituted for s7658b
May 31, 2022	substituted by a8869b
May 10, 2022	amended on third reading 7658b
May 03, 2022	amended on third reading 7658a
Apr 27, 2022	advanced to third reading
Apr 26, 2022	2nd report cal.
Apr 25, 2022	1st report cal.765
Jan 05, 2022	referred to insurance

Votes

- May 31, 2022 - Floor Vote
  A8869
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Apr 25, 2022 - Insurance Committee Vote
  S7658
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Apr 25, 2022
      
      aye (9)
      
      Breslin
      
      Cooney
      
      Gounardes
      
      Harckham
      
      Kennedy
      
      O'Mara
      
      Parker
      
      Sanders Jr.
      
      Serino
      
      aye wr (2)
      
      Brooks
      
      Helming

Bill Amendments

Original

B (Active)

2021-S7658 - Details

Law Section:: Insurance Law
Laws Affected:: Add §3114, Ins L

2021-S7658 - Summary

Prohibits an insurer from cancelling, refusing to issue, refusing to renew, or increasing the premium of a policy solely on the basis that one or more claims have been made against any policy during the preceding sixty months for a loss that is the result of a hate crime.

2021-S7658 - Sponsor Memo

                                 
BILL NUMBER: S7658

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to insurance for victims
of a hate crime

 
PURPOSE::

This legislation would prohibit the cancellation or increase in cost of
an insurance policy for the reason the individual was the victim of a
hate crime.

 
SUMMARY OF PROVISIONS::

Section 1 adds a new section 3114 to the insurance law, specifically
this will prohibit an insurer issuing policies in New York from cancel-
ing, raising the premium, refusing to issue, or refusing to renew a
policy solely on the basis that one or more claims have been made
against the policy during the preceding sixty months for a loss that is
the result of a hate crime committed against the person or property

insured if the insured provides evidence to the insurer that the act
causing such loss is identifies as a hate crime on a police report. An
insurer may cancel, rate rates, refuse to renew or change the terms or
benefits of an insurance policy due to other factors. This section
applies to individuals, religious organizations, or any nonprofit that
is organized and operated for religious, charitable or educational
purposes.

Section 2 is the effective date.

 
JUSTIFICATION::

Modeled after an Illinois Law, this legislation seeks to protect victims
of hate crimes from having their insurance policy cancelled for the sole
reason that they were the victim of a hate crime. It is abhorrent to
think that an insurer might cancel a policy for this singular reason,
this legislation does allow for a policy to be cancelled if there are
other compelling factors, it also does not prohibit terms of a policy
from being changed, it simples provides protection from being cancelled.

As an example, a Jew who has a swastika repeatedly etched into their car
in their driveway would be protected against their auto insurance being
cancelled because of this vandalism. Or a mosque that is the constant
victim of vandalism on their building and property would likewise be
protected from a cancellation of their insurance policy.

This legislation seeks to bring peace of mind to these individuals by
removing the fear that if they rapport a claim, they may lose their
insurance policy. We should be doing all we can to remove artificial
barriers towards the reporting of hate crimes and this legislation helps
to achieve that goal.

 
LEGISLATIVE HISTORY::

None.

 
FISCAL IMPLICATIONS::
None

 
EFFECTIVE DATE::

This act shall take effect immediately

2021-S7658 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7658
 
                             I N  S E N A T E
 
                              January 5, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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 insurance for  victims
   of a hate crime
 
   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  3114
 to read as follows:
   §  3114.  HATE  CRIMES;  COVERAGE  REFUSAL.  (A)  FOR PURPOSES OF THIS
 SECTION, "INSURED" MEANS A CURRENT POLICYHOLDER OR A  PERSON  OR  ENTITY
 THAT IS COVERED UNDER AN INSURANCE POLICY.
   (B)  THIS  SECTION SHALL APPLY TO POLICIES OF INSURANCE IF THE INSURED
 OR PROPOSED INSURED IS:
   1. AN INDIVIDUAL;
   2. A RELIGIOUS ORGANIZATION;
   3. AN EDUCATIONAL ORGANIZATION; OR
   4. ANY OTHER NONPROFIT ORGANIZATION THAT IS ORGANIZED AND OPERATED FOR
 RELIGIOUS, CHARITABLE OR EDUCATIONAL PURPOSES.
   (C) AN INSURER ISSUING POLICIES SUBJECT  TO  THIS  SECTION  SHALL  NOT
 CANCEL,  REFUSE  TO ISSUE, REFUSE TO RENEW, OR INCREASE THE PREMIUM OF A
 POLICY SOLELY ON THE BASIS THAT  ONE  OR  MORE  CLAIMS  HAVE  BEEN  MADE
 AGAINST  ANY POLICY DURING THE PRECEDING SIXTY MONTHS FOR A LOSS THAT IS
 THE RESULT OF A HATE CRIME AS DEFINED PURSUANT TO ARTICLE  FOUR  HUNDRED
 EIGHTY-FIVE  OF  THE  PENAL LAW COMMITTED AGAINST THE PERSON OR PROPERTY
 INSURED IF THE INSURED PROVIDES EVIDENCE TO THE  INSURER  THAT  THE  ACT
 CAUSING SUCH LOSS IS IDENTIFIED AS A HATE CRIME ON A POLICE REPORT.
   (D)  AN  INSURER MAY CANCEL, REFUSE TO RENEW, INCREASE THE PREMIUM OF,
 OR CHANGE THE TERMS OR BENEFITS OF AN  INSURANCE  POLICY  DUE  TO  OTHER
 FACTORS THAT ARE NOT PROHIBITED BY THIS SECTION.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14010-03-1

2021-S7658A - Details

Law Section:: Insurance Law
Laws Affected:: Add §3114, Ins L

2021-S7658A - Summary

2021-S7658A - Sponsor Memo

                                 
BILL NUMBER: S7658A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to insurance for victims
of a hate crime

 
PURPOSE:

This legislation would prohibit the cancellation or increase in cost of
an insurance policy for the reason the individual was the victim of a
hate crime.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 3114 to the insurance law, specifically
this will prohibit an insurer issuing policies in New York from cancel-
ing, raising the premium, refusing to issue, or refusing to renew a
policy solely on the basis that one or more claims have been made
against the policy during the preceding sixty months for a loss that is
the result of a hate crime committed against the person or property

insured if the insured provides evidence to the insurer that the act
causing such loss is identifies as a hate crime on a police report. An
insurer may cancel, rate rates, refuse to renew or change the terms or
benefits of an insurance policy due to other factors. This section
applies to individuals, religious organizations, or any nonprofit that
is organized and operated for religious, charitable or educational
purposes. Also makes clear that this law does not cover the offender of
the hate crime.

Section 2 is the effective date.

 
JUSTIFICATION:

Modeled after an Illinois Law, this legislation seeks to protect victims
of hate crimes from having their insurance policy cancelled for the sole
reason that they were the victim of a hate crime. It is abhorrent to
think that an insurer might cancel a policy for this singular reason,
this legislation does allow for a policy to be cancelled if there are
other compelling factors, it also does not prohibit terms of a policy
from being changed, it simples provides protection from being cancelled.

As an example, a Jew who has a swastika repeatedly etched into their car
in their driveway would be protected against their auto insurance being
cancelled because of this vandalism. Or a mosque that is the constant
victim of vandalism on their building and property would likewise be
protected from a cancellation of their insurance policy.

This legislation seeks to bring peace of mind to these individuals by
removing the fear that if they rapport a claim, they may lose the insur-
ance policy. We should be doing all we can to remove artificial barriers
towards the reporting of hate crimes and this legislation helps to
achieve that goal.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S7658A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7658--A
     Cal. No. 765
 
                             I N  S E N A T E
 
                              January 5, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Insurance  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading

 AN  ACT to amend the insurance law, in relation to insurance for victims
   of a hate crime
 
   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 3114
 to read as follows:
   § 3114. HATE CRIMES;  COVERAGE  REFUSAL.  (A)  FOR  PURPOSES  OF  THIS
 SECTION,  "INSURED"  MEANS  A CURRENT POLICYHOLDER OR A PERSON OR ENTITY
 THAT IS COVERED UNDER AN INSURANCE POLICY.
   (B) THIS SECTION SHALL APPLY TO POLICIES OF INSURANCE IF  THE  INSURED
 OR PROPOSED INSURED IS:
   1. AN INDIVIDUAL;
   2. A RELIGIOUS ORGANIZATION;
   3. AN EDUCATIONAL ORGANIZATION; OR
   4. ANY OTHER NONPROFIT ORGANIZATION THAT IS ORGANIZED AND OPERATED FOR
 RELIGIOUS, CHARITABLE OR EDUCATIONAL PURPOSES.
   (C)  AN  INSURER  ISSUING  POLICIES  SUBJECT TO THIS SECTION SHALL NOT
 CANCEL, REFUSE TO ISSUE, REFUSE TO RENEW, OR INCREASE THE PREMIUM  OF  A
 POLICY  SOLELY  ON  THE  BASIS  THAT  ONE  OR MORE CLAIMS HAVE BEEN MADE
 AGAINST ANY POLICY DURING THE PRECEDING SIXTY MONTHS FOR A LOSS THAT  IS
 THE  RESULT  OF A HATE CRIME AS DEFINED PURSUANT TO ARTICLE FOUR HUNDRED
 EIGHTY-FIVE OF THE PENAL LAW COMMITTED AGAINST THE  PERSON  OR  PROPERTY
 INSURED  IF  THE  INSURED  PROVIDES EVIDENCE TO THE INSURER THAT THE ACT
 CAUSING SUCH LOSS IS IDENTIFIED AS A HATE CRIME ON A POLICE  REPORT  AND
 THAT SUCH INSURED WAS NOT THE OFFENDER OF THE IDENTIFIED HATE CRIME.
   (D)  AN  INSURER MAY CANCEL, REFUSE TO RENEW, INCREASE THE PREMIUM OF,
 OR CHANGE THE TERMS OR BENEFITS OF AN  INSURANCE  POLICY  DUE  TO  OTHER
 FACTORS THAT ARE NOT PROHIBITED BY THIS SECTION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14010-05-2

2021-S7658B (ACTIVE) - Details

Law Section:: Insurance Law
Laws Affected:: Add §3114, Ins L

2021-S7658B (ACTIVE) - Summary

2021-S7658B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7658B

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the insurance law, in relation to insurance for victims
of a hate crime

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would prohibit the cancellation or increase in cost of
an insurance policy for the reason the individual was the victim of a
hate crime.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 3114 to the insurance law, specifically
this will prohibit an insurer issuing policies in New York from cancel-
ing, raising the premium, refusing to issue, or refusing to renew a
policy solely on the basis that one or more claims have been made
against the policy during the preceding sixty months for a loss that is
the result of a hate crime committed against the person or property

insured if the insured provides evidence to the insurer that the act
causing such loss is a hate crime. An insurer may cancel, adjust rates,
refuse to renew or change the terms or benefits of an insurance policy
due to other factors. This section applies to individuals, religious,
organizations, or any nonprofit that is organized and operated for reli-
gious, charitable or educational purposes. This section also includes
language to ensure that the offender of the hate crime cannot use the
legislation to avoid claims or increases and/or cancellations to their
insurance policy as a result of the hate crime they committed.

Section 2 is the effective date.

 
JUSTIFICATION:

Modeled after an Illinois Law, this legislation seeks to protect victims
of hate crimes from having their insurance policy cancelled for the sole
reason that they were the victim of a hate crime. It is abhorrent to
think that an insurer might cancel a policy for this singular reason,
this legislation does allow for a policy to be cancelled if there are
other compelling factors, it also does not prohibit terms of a policy
from being changed, it simples provides protection from being cancelled.

As an example, a Jew who has a swastika repeatedly etched into their car
in their driveway would be protected against their auto insurance being
cancelled because of this vandalism. Or a mosque that is the constant
victim of vandalism on their building and property would likewise be
protected from a cancellation of their insurance policy.  This legis-
lation seeks to bring peace of mind to these individuals by removing the
fear that if they rapport a claim, they may lose their insurance policy.
We should be doing all we can to remove artificial barriers towards the
reporting of hate crimes and this legislation helps to achieve that
goal.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7658B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7658--B
     Cal. No. 765
 
                             I N  S E N A T E
 
                              January 5, 2022
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Insurance  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its  place  in the order of third reading -- again amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the insurance law, in relation to insurance for  victims
   of a hate crime
 
   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  3114
 to read as follows:
   §  3114.  HATE  CRIMES;  COVERAGE  REFUSAL.  (A)  FOR PURPOSES OF THIS
 SECTION, "INSURED" MEANS A CURRENT POLICYHOLDER OR A  PERSON  OR  ENTITY
 THAT IS COVERED UNDER AN INSURANCE POLICY.
   (B)  THIS  SECTION SHALL APPLY TO POLICIES OF INSURANCE IF THE INSURED
 OR PROPOSED INSURED IS:
   1. AN INDIVIDUAL;
   2. A RELIGIOUS ORGANIZATION;
   3. AN EDUCATIONAL ORGANIZATION; OR
   4. ANY OTHER NONPROFIT ORGANIZATION THAT IS ORGANIZED AND OPERATED FOR
 RELIGIOUS, CHARITABLE OR EDUCATIONAL PURPOSES.
   (C) AN INSURER ISSUING POLICIES SUBJECT  TO  THIS  SECTION  SHALL  NOT
 CANCEL,  REFUSE  TO ISSUE, REFUSE TO RENEW, OR INCREASE THE PREMIUM OF A
 POLICY SOLELY ON THE BASIS THAT  ONE  OR  MORE  CLAIMS  HAVE  BEEN  MADE
 AGAINST  ANY POLICY DURING THE PRECEDING SIXTY MONTHS FOR A LOSS THAT IS
 THE RESULT OF A HATE CRIME AS DEFINED PURSUANT TO ARTICLE  FOUR  HUNDRED
 EIGHTY-FIVE  OF  THE  PENAL LAW COMMITTED AGAINST THE PERSON OR PROPERTY
 INSURED IF THE INSURED PROVIDES EVIDENCE TO THE  INSURER  THAT  THE  ACT
 CAUSING  SUCH LOSS IS A RESULT OF A HATE CRIME AND THAT SUCH INSURED WAS
 NOT THE OFFENDER OF THE HATE CRIME.
   (D) AN INSURER MAY CANCEL, REFUSE TO RENEW, INCREASE THE  PREMIUM  OF,
 OR  CHANGE  THE  TERMS  OR  BENEFITS OF AN INSURANCE POLICY DUE TO OTHER
 FACTORS THAT ARE NOT PROHIBITED BY THIS SECTION.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14010-07-2

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Senate Bill S7658

Sponsored By

Archive: Last Bill Status Via A8869 - Passed Senate

May 31, 2022 - Floor Vote

Floor Vote: May 31, 2022

Apr 25, 2022 - Insurance Committee Vote

Insurance Committee Vote: Apr 25, 2022

Bill Amendments

2021-S7658 - Details

2021-S7658 - Summary

2021-S7658 - Sponsor Memo

2021-S7658 - Bill Text download pdf

2021-S7658A - Details

2021-S7658A - Summary

2021-S7658A - Sponsor Memo

2021-S7658A - Bill Text download pdf

2021-S7658B (ACTIVE) - Details

2021-S7658B (ACTIVE) - Summary

2021-S7658B (ACTIVE) - Sponsor Memo

2021-S7658B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7658

Share this bill

Sponsored By

Anna M. Kaplan

Archive: Last Bill Status Via A8869 - Passed Senate

Bill Amendments

2021-S7658 - Details

2021-S7658 - Summary

2021-S7658 - Sponsor Memo

2021-S7658 - Bill Text download pdf

2021-S7658A - Details

2021-S7658A - Summary

2021-S7658A - Sponsor Memo

2021-S7658A - Bill Text download pdf

2021-S7658B (ACTIVE) - Details

2021-S7658B (ACTIVE) - Summary

2021-S7658B (ACTIVE) - Sponsor Memo

2021-S7658B (ACTIVE) - Bill Text download pdf

Comments