S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3488
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to direct the superintendent of financial services to  promulgate
   rules and regulations relating to excluding the use of "credit scores"
   in determining auto insurance premiums

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds that the practice
 of using "credit scores" to determine auto insurance premiums can result
 in premium fluctuations that are difficult for consumers to  manage.  In
 addition,  consumers  may not be aware of changes in their credit rating
 and therefore would not have the information  they  needed  to  exercise
 responsible  control  over  a  factor which could affect their insurance
 rates.
   The  legislature further finds that a "credit score" comes from infor-
 mation contained in consumer credit reports and is considered along with
 other motor vehicle and driving records to compute insurance risk  at  a
 particular  point  in time. Insurance scoring is predicated on a statis-
 tical correlation between personal money management and insurance  risk.
 Insurance  scoring  is one of many factors which can be used to evaluate
 risks and assign rates.
   Accordingly, the legislature finds that, since  it  is  a  calculation
 that  is  one of many used actuarial calculations it need not be a deci-
 sive factor. It is the purpose of this act to direct the  superintendent
 of  financial services to promulgate any rules and regulations necessary
 to prohibit the use of this method of calculating  risk  in  the  formu-
 lation  of  auto insurance premiums on policies held by residents of New
 York.
   § 2. The superintendent of financial services shall review the actuar-
 ial methods and formulas currently utilized to determine auto  insurance
 premiums  for  New  York consumers. Such review shall include a determi-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07231-01-3
              

 A. 3488                             2
 
 nation of whether or not the manner  in  which  insurance  premiums  are
 determined  includes  the  use  of  "credit  scores" or similar means of
 utilizing consumer credit reports to determine a statistical correlation
 between  personal  money  management  and insurance risk. If such super-
 intendent determines that such methods are  utilized  he  or  she  shall
 promulgate amended rules and regulations which do not include the use of
 credit  scoring  methods.  If  such  superintendent determines that such
 methods are not utilized, he or she shall  promulgate  rules  and  regu-
 lations which prohibit the future use of credit scoring methods.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rules or regulations necessary for the  imple-
 mentation  of  the  provisions  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.