Bill Text: NY S05879 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to insurance rates, rating plans, rating rules and rate manuals for livery drivers; provides no such rate shall be approved by the superintendent if it is over 20% the rate used for equivalent black car operators.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INSURANCE [S05879 Detail]

Download: New_York-2019-S05879-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5879

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen. SANDERS -- 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  rates,
          rating plans, rating rules and rate manuals for livery drivers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 2328 of the insurance law, as amended by chapter 69
     2  of the laws of 2017, is amended to read as follows:
     3    § 2328. Certain motor vehicle insurance rates; prior  approval.    (a)
     4  For  the  periods  February first, nineteen hundred seventy-four through
     5  August  second,  two  thousand  one,  and  the  effective  date  of  the
     6  property/casualty insurance availability act through June thirtieth, two
     7  thousand  twenty,  no  changes  in rates, rating plans, rating rules and
     8  rate manuals applicable to motor vehicle insurance,  including  no-fault
     9  coverages  under article fifty-one of this chapter, shall be made effec-
    10  tive until approved by the superintendent,  notwithstanding  any  incon-
    11  sistent  provisions  of this article; provided, however, that changes in
    12  such rates, rating plans, rating rules and  rate  manuals  may  be  made
    13  effective  without  such  approval  if  the  rates that result from such
    14  changes are no higher than the insurer's  rates  last  approved  by  the
    15  superintendent. This section shall apply only to policies covering loss-
    16  es or liabilities arising out of ownership of a motor vehicle used prin-
    17  cipally for the transportation of persons for hire, including a bus or a
    18  school  bus  as  defined  in  sections  one hundred four and one hundred
    19  forty-two of the vehicle and traffic law.
    20    (b) No insurance rate, rating plan, rating rule or rate manual  appli-
    21  cable  to a livery driver, as defined under subdivision seven of section
    22  one hundred sixty-aaa of the executive  law,  which  exceeds  more  than
    23  twenty  percent  of the amount of an insurance rate, rating plan, rating
    24  rule or rate manual applicable to an otherwise substantially  equivalent
    25  black  car  operator,  as  defined  under subdivision one of section one
    26  hundred sixty-cc of the executive law, shall be approved by  the  super-
    27  intendent.
    28    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11793-01-9
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