A03488 Summary:

BILL NOA03488
 
SAME ASSAME AS S05285
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
 
Directs the superintendent of financial services to promulgate rules and regulations limiting the use of credit scores to determine automobile insurance premiums.
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A03488 Actions:

BILL NOA03488
 
02/03/2023referred to insurance
01/03/2024referred to insurance
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A03488 Committee Votes:

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A03488 Floor Votes:

There are no votes for this bill in this legislative session.
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A03488 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3488
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. Legislative intent. The legislature finds that the practice
     2  of using "credit scores" to determine auto insurance premiums can result
     3  in premium fluctuations that are difficult for consumers to  manage.  In
     4  addition,  consumers  may not be aware of changes in their credit rating
     5  and therefore would not have the information  they  needed  to  exercise
     6  responsible  control  over  a  factor which could affect their insurance
     7  rates.
     8    The  legislature further finds that a "credit score" comes from infor-
     9  mation contained in consumer credit reports and is considered along with
    10  other motor vehicle and driving records to compute insurance risk  at  a
    11  particular  point  in time. Insurance scoring is predicated on a statis-
    12  tical correlation between personal money management and insurance  risk.
    13  Insurance  scoring  is one of many factors which can be used to evaluate
    14  risks and assign rates.
    15    Accordingly, the legislature finds that, since  it  is  a  calculation
    16  that  is  one of many used actuarial calculations it need not be a deci-
    17  sive factor. It is the purpose of this act to direct the  superintendent
    18  of  financial services to promulgate any rules and regulations necessary
    19  to prohibit the use of this method of calculating  risk  in  the  formu-
    20  lation  of  auto insurance premiums on policies held by residents of New
    21  York.
    22    § 2. The superintendent of financial services shall review the actuar-
    23  ial methods and formulas currently utilized to determine auto  insurance
    24  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
 
     1  nation of whether or not the manner  in  which  insurance  premiums  are
     2  determined  includes  the  use  of  "credit  scores" or similar means of
     3  utilizing consumer credit reports to determine a statistical correlation
     4  between  personal  money  management  and insurance risk. If such super-
     5  intendent determines that such methods are  utilized  he  or  she  shall
     6  promulgate amended rules and regulations which do not include the use of
     7  credit  scoring  methods.  If  such  superintendent determines that such
     8  methods are not utilized, he or she shall  promulgate  rules  and  regu-
     9  lations which prohibit the future use of credit scoring methods.
    10    § 3. This act shall take effect on the one hundred twentieth day after
    11  it  shall have become a law. Effective immediately, the addition, amend-
    12  ment and/or repeal of any rules or regulations necessary for the  imple-
    13  mentation  of  the  provisions  of  this  act  on its effective date are
    14  authorized to be made and completed on or before such effective date.
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