S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  843--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES, STECK, MAMDANI, WALLACE, SIMON,
   PAULIN, KELLES, HYNDMAN, ALVAREZ,  LUNSFORD,  ANDERSON,  SEAWRIGHT  --
   read  once  and  referred  to  the Committee on Insurance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00061-02-3
 A. 843--A                           2
              

 
   (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:
   (1) ADJUST ANY ALGORITHM  OR  EQUATION  USED  TO  CONSTRUCT  ACTUARIAL
 TABLES OR OTHERWISE DETERMINE THE COST OF COVERAGE;
   (2)  MAKE  ANY DISTINCTION OR DISCRIMINATION BETWEEN PERSONS AS TO THE
 PREMIUMS OR RATES CHARGED FOR MOTOR VEHICLE INSURANCE  POLICIES  OR  THE
 TERMS OF COVERAGE OR IN ANY OTHER MANNER WHATSOEVER;
   (3)  DEMAND  OR  REQUIRE  A  GREATER PREMIUM FROM ANY PERSON THAN SUCH
 INSURER REQUIRES AT THAT TIME FROM  OTHER  INDIVIDUALS  OR  ENTITIES  IN
 SIMILAR CASES; OR
   (4)  REFUSE TO ISSUE, RENEW, OR SELL A POLICY AFTER APPROPRIATE APPLI-
 CATION THEREFOR.
   (C) FOR THE PURPOSES OF THIS SECTION:
   (1) "SEX" SHALL INCLUDE GENDER IDENTITY OR EXPRESSION; AND
   (2) "GENDER IDENTITY OR EXPRESSION" SHALL HAVE  THE  SAME  MEANING  AS
 DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
   § 2. This act shall take effect immediately.