A08503 Summary:

BILL NOA08503
 
SAME ASSAME AS S08030
 
SPONSORJacobson
 
COSPNSR
 
MLTSPNSR
 
Amd §3420, Ins L; amd §4, Chap of 2023 (as proposed S.439 & A.1178)
 
Relates to supplementary uninsured and underinsured motorist coverage for police agencies; removes provisions of law relating to self-insurance; amends the effective date to remove contracts.
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A08503 Actions:

BILL NOA08503
 
01/04/2024referred to insurance
01/08/2024reported
01/11/2024advanced to third reading cal.215
01/16/2024passed assembly
01/16/2024delivered to senate
01/16/2024REFERRED TO RULES
01/24/2024SUBSTITUTED FOR S8030
01/24/20243RD READING CAL.32
01/24/2024PASSED SENATE
01/24/2024RETURNED TO ASSEMBLY
02/07/2024delivered to governor
02/07/2024signed chap.30
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A08503 Committee Votes:

INSURANCE Chair:Weprin DATE:01/08/2024AYE/NAY:23/0 Action: Favorable
WeprinAyeBlankenbushAye
CookAyeHawleyAye
PretlowAyePalmesanoAye
LavineAyeGandolfoAye
SteckAyeCurranAye
DilanAyeJensenAye
HunterAyeBlumencranzAye
SternAyeBendettAye
JacobsonAye
MeeksExcused
ForrestAye
AndersonAye
CruzAye
BoresAye
LunsfordAye
BergerAye

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A08503 Floor Votes:

DATE:01/16/2024Assembly Vote  YEA/NAY: 141/0
Yes
Alvarez
Yes ‡
Byrnes
Yes ‡
Fitzpatrick
Yes
Kim
Yes
Palmesano
Yes
Slater
Yes ‡
Anderson
Yes
Carroll
Yes
Flood
Yes
Lavine
Yes
Paulin
Yes
Smith
Yes
Angelino
Yes
Chandler-Waterm
Yes
Forrest
Yes
Lee
Yes
Peoples-Stokes
Yes
Smullen
Yes
Ardila
Yes
Chang
Yes
Friend
Yes
Lemondes
Yes
Pheffer Amato
Yes
Solages
Yes
Aubry
Yes
Clark
Yes
Gallagher
Yes
Levenberg
Yes
Pirozzolo
Yes
Steck
Yes
Barclay
Yes
Colton
Yes
Gallahan
Yes
Lucas
Yes
Pretlow
Yes
Stern
Yes
Barrett
Yes
Conrad
Yes
Gandolfo
Yes
Lunsford
Yes
Ra
Yes
Stirpe
Yes
Beephan
Yes
Cook
Yes
Gibbs
Yes ‡
Lupardo
Yes
Raga
Yes
Tague
Yes
Bendett
Yes
Cruz
Yes
Giglio JA
Yes
Magnarelli
Yes
Rajkumar
Yes
Tannousis
Yes
Benedetto
Yes
Cunningham
Yes
Giglio JM
Yes
Maher
Yes
Ramos
Yes
Tapia
Yes
Berger
Yes
Curran
Yes
Glick
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Bichotte Hermel
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Blankenbush
Yes
Davila
Yes
Goodell
Yes
McDonald
Yes
Rivera
Yes
Vanel
Yes
Blumencranz
Yes
De Los Santos
Yes
Gray
Yes ‡
McDonough
Yes
Rosenthal
Yes
Walker
Yes
Bores
Yes
DeStefano
ER
Gunther
Yes
McGowan
Yes ‡
Rozic
ER
Wallace
Yes
Brabenec
ER
Dickens
Yes
Hawley
Yes
McMahon
Yes
Santabarbara
Yes
Walsh
Yes
Braunstein
Yes
Dilan
ER
Hevesi
Yes
Meeks
Yes
Sayegh
ER
Weinstein
Yes
Bronson
Yes
Dinowitz
Yes
Hunter
Yes
Mikulin
Yes ‡
Seawright
Yes
Weprin
Yes
Brook-Krasny
Yes
DiPietro
Yes
Hyndman
Yes
Miller
Yes
Septimo
Yes
Williams
Yes
Brown EA
Yes ‡
Durso
Yes
Jackson
Yes
Mitaynes
Yes
Shimsky
Yes
Woerner
Yes
Brown K
Yes
Eachus
Yes
Jacobson
Yes
Morinello
Yes
Shrestha
Yes
Zaccaro
Yes
Burdick
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Norris
Yes ‡
Sillitti
Yes
Zebrowski
ER
Burgos
Yes
Epstein
Yes
Jensen
Yes
Novakhov
Yes
Simon
Yes
Zinerman
ER
Burke
Yes
Fahy
Yes
Jones
ER
O'Donnell
Yes
Simone
Yes
Mr. Speaker
Yes
Buttenschon
Yes
Fall
Yes
Kelles
Yes
Otis
Yes
Simpson

‡ Indicates voting via videoconference
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A08503 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8503
 
SPONSOR: Jacobson
  TITLE OF BILL: An act to amend the insurance law, in relation to supplementary unin- sured and underinsured motorist coverage for police agencies; and to amend a chapter of the laws of 2023 amending the insurance law and the vehicle and traffic law relating to supplementary uninsured and underin- sured motorist coverage for police agencies, as proposed in legislative bills numbers S. 439 and A. 1178, in relation to the effectiveness ther- eof   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to make amendments to Chapter 751 of the Laws of 2023 relating to uninsured and underinsured motorist coverage for police agencies.   SUMMARY OF PROVISIONS: Sections 1 removes reference to self-insurance policies, clarifies that supplemental uninsured/underinsured motorist insurance coverage shall apply to police vehicles that are principally garaged or used in this state, and removes the requirement that SUM coverage be no less than the bodily injury liability insurance limits of the policy. Section 2 provides a technical amendment to section 4 of Chapter 751 of the Laws of 2023. Section 3 provides the effective date.   JUSTIFICATION: Pursuant to State Farm Mutual Automobile Insurance Co. v. Fitzgerald, 25 NY3rd 801 (2015), the New York State Court of Appeals determined the statutory mandate that all motor vehicle insurance policies containing SUM coverage has no application to police vehicles. In that case, a police officer, who was riding in a police vehicle driven by another police officer, was injured when the police vehicle was hit by a driver who only had $25,000 in liability coverage. The injured officer attempted to collect under his own underinsurance policy above the $25,000. policy of the driver who hit the police vehicle. That case held that SUM coverage prescribed by Insurance Law § 3420(0(2)(A) exempts police vehicles from its definition of the term "motor vehicle" absent a specific provision to the contrary in a given SUM endorsement. Chapter 751 of the Laws of 2023 required that insurance policies cover- ing police and fire vehicles to provide supplemental coverage for bodily injury sustained by an uninsured or an underinsured motorist when the policy includes such endorsement. This Chapter amendment removes refer- ence to self-insurance policies, clarifies that supplemental uninsured/underinsured motorist insurance coverage shall apply to police vehicles that are principally garaged or used in this state, and removes the requirement that SUM coverage be no less than the bodily injury liability insurance limits of the policy.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that the provisions of section one of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2023 amending the insurance law and the vehicle and traffic law relating to supplementary uninsured and underinsured motorist coverage for police agencies, as proposed in legislative bills numbers S. 439 and A. 1178, takes effect.
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A08503 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8503
 
                   IN ASSEMBLY
 
                                     January 4, 2024
                                       ___________
 
        Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
          tee on Insurance
 
        AN  ACT  to  amend the insurance law, in relation to supplementary unin-
          sured and underinsured motorist coverage for police agencies;  and  to
          amend a chapter of the laws of 2023 amending the insurance law and the
          vehicle  and traffic law relating to supplementary uninsured and unde-
          rinsured motorist coverage for police agencies, as proposed in  legis-
          lative bills numbers S. 439 and A. 1178, in relation to the effective-
          ness thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 5 of subsection (f) of section 3420 of the insur-
     2  ance law, as amended by a chapter of  the  laws  of  2023  amending  the
     3  insurance  law  relating  to  supplementary  uninsured  and underinsured
     4  motorist coverage for police agencies, as proposed in legislative  bills
     5  numbers S.  439 and A. 1178, is amended to read as follows:
     6    (5)  This  paragraph  shall apply to [self-insurance or] a policy that
     7  provides supplementary uninsured/underinsured motorist insurance  cover-
     8  age  for  bodily injury and is a policy: (A) issued or delivered in this
     9  state that insures against liability arising out of the ownership, main-
    10  tenance, and use of a fire vehicle, as defined in  section  one  hundred
    11  fifteen-a  of  the  vehicle  and  traffic law, where the fire vehicle is
    12  principally garaged or used in this  state,  or  a  police  vehicle,  as
    13  defined  in  section one hundred thirty-two-a of the vehicle and traffic
    14  law, where the police vehicle is principally garaged  or  used  in  this
    15  state;  or  (B) as specified in paragraph one of this subsection.  Every
    16  such policy that insures a fire department, fire company, as defined  in
    17  section  one hundred of the general municipal law, an ambulance service,
    18  a voluntary ambulance service, as defined in section three thousand  one
    19  of  the  public  health  law,  or a police agency, as defined in section
    20  eight hundred thirty-five of  the  executive  law,  shall  provide  such
    21  supplementary  uninsured/underinsured  motorist  insurance  coverage [no
    22  less than the bodily  injury  liability  insurance  limits  of  coverage
    23  provided  under  such  policy]  to an individual employed by or who is a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02192-02-4

        A. 8503                             2
 
     1  member of the fire department, fire company, ambulance  service,  volun-
     2  tary  ambulance service, or police agency and who is injured by an unin-
     3  sured or underinsured motor vehicle while acting in  the  scope  of  the
     4  individual's  duties  for  the  fire department, fire company, ambulance
     5  service, voluntary ambulance service, or police agency covered under the
     6  policy, except with respect to the use or operation by such an  individ-
     7  ual of a motor vehicle not covered under the policy.
     8    § 2. Section 4 of a chapter of the laws of 2023 amending the insurance
     9  law  and the vehicle and traffic law relating to supplementary uninsured
    10  and underinsured motorist coverage for police agencies, as  proposed  in
    11  legislative  bills  numbers  S.   439 and A. 1178, is amended to read as
    12  follows:
    13    § 4. This act shall take effect immediately and shall apply  to  poli-
    14  cies [and contracts] issued, renewed, modified, altered or amended on or
    15  after such effective date.
    16    §  3.  This act shall take effect immediately; provided, however, that
    17  the provisions of section one of this act shall take effect on the  same
    18  date  and  in  the same manner as a chapter of the laws of 2023 amending
    19  the insurance law and the vehicle and traffic law relating to supplemen-
    20  tary uninsured and underinsured motorist coverage for  police  agencies,
    21  as  proposed  in  legislative  bills  numbers  S. 439 and A. 1178, takes
    22  effect.
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