S07706 Summary:

BILL NOS07706
 
SAME ASSAME AS A10062
 
SPONSORLIBOUS
 
COSPNSR
 
MLTSPNSR
 
Amd SS2131 & 3449, Ins L
 
Expands the application of provisions regulating insurance on wireless communications equipment.
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S07706 Actions:

BILL NOS07706
 
06/02/2014REFERRED TO INSURANCE
06/18/2014COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/18/2014ORDERED TO THIRD READING CAL.1501
06/18/2014PASSED SENATE
06/18/2014DELIVERED TO ASSEMBLY
06/18/2014referred to insurance
06/19/2014substituted for a10062
06/19/2014ordered to third reading rules cal.511
06/19/2014passed assembly
06/19/2014returned to senate
12/17/2014DELIVERED TO GOVERNOR
12/29/2014VETOED MEMO.586
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S07706 Floor Votes:

DATE:06/19/2014Assembly Vote  YEA/NAY: 133/1
Yes
Abbate
Yes
Curran
Yes
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
ER
Heastie
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
Yes
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
Yes
Hikind
Yes
McKevitt
Yes
Rivera
ER
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
Yes
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
Yes
Borelli
Yes
Englebright
Yes
Johns
Yes
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
Yes
Fitzpatrick
AB
Kellner
Yes
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
Yes
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
Yes
Gantt
Yes
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
Yes
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
ER
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
Yes
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
Yes
Lopez
Yes
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
No
Peoples-Stokes
Yes
Skartados
Yes
Corwin
AB
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
Yes
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec

‡ Indicates voting via videoconference
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S07706 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7706
 
                    IN SENATE
 
                                      June 2, 2014
                                       ___________
 
        Introduced  by  Sen.  LIBOUS -- 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 on  wireless
          communications equipment
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Paragraph 2 of subsection (d) of section 2131 of the insur-
     2  ance law, as amended by chapter 368 of the laws of 2010, is  amended  to
     3  read as follows:
     4    (2)  with respect to wireless communications equipment vendors, insur-
     5  ance issued to cover the loss, theft, mechanical failure, or malfunction
     6  of, or damage to, wireless communications equipment offered as either an
     7  individual policy issued to the consumer or  as  a  group  policy  under
     8  which  certificates or other evidence of coverage are issued to individ-
     9  ual consumers who enroll in the program, or any arrangement  that  seeks
    10  to  provide substantially similar benefits through other means including
    11  arrangements that confer benefits upon consumers that purchase,  includ-
    12  ing  installment sale purchases, or lease wireless communications equip-

    13  ment or wireless  services,  regardless  of  whether  the  benefits  are
    14  provided  directly  or  indirectly  to  the consumer, where the benefits
    15  include the repair or replacement of the covered device,  the  provision
    16  of  a  loaner or rental device, or the payment of indemnification in the
    17  event of a loss of a covered device, and where the benefits are express-
    18  ly or impliedly conditioned on the happening of  some  fortuitous  event
    19  such  as the loss, theft or physical damage of the covered device, or is
    20  structured as a remedy in the event of  such  perils  without  expressly
    21  stating  those perils as a condition of coverage, provided however, that
    22  said  insurance  shall  not  extend  to  wireless  services  or  service

    23  contracts governed by article seventy-nine of this chapter; or
    24    §  2.  Subparagraphs  (F)  and (G) of paragraph 2 of subsection (e) of
    25  section 2131 of the insurance law, as amended by chapter 368 of the laws
    26  of 2010, are amended and a new subparagraph (H)  is  added  to  read  as
    27  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15460-01-4

        S. 7706                             2
 
     1    (F) disclose that the employee of the rental vehicle company, wireless
     2  communications equipment vendor or self-storage company is not qualified
     3  or  authorized  to  evaluate  the  adequacy  of the purchaser's existing
     4  coverages, unless otherwise licensed; [and]

     5    (G)  state  that the customer may cancel the insurance at any time and
     6  any unearned premium will be  refunded  in  accordance  with  applicable
     7  law[.]; and
     8    (H)  with  regard  to  wireless  communications  equipment  insurance,
     9  include a disclosure that  is  deemed  sufficient  to  comply  with  any
    10  requirement  to disclose price and producer compensation with respect to
    11  this type of insurance and that shall  read  substantially  as  follows:
    12  "You  will  be  billed  a  charge  of  (amount of premium) for a term of
    13  (number of months) months. For customers who elect  insurance  coverage,
    14  the  monthly  insurance  premium  may  include  fees payable to (name of
    15  administrator) and/or (name of vendor)."

    16    § 3. Subsection (1) of section 2131 of the insurance law, as added  by
    17  chapter 582 of the laws of 2003, is amended to read as follows:
    18    (l)  For  purposes of this section "wireless communications equipment"
    19  shall mean wireless handsets, pagers, personal digital assistants, wire-
    20  less telephones [or], wireless telephone batteries,  portable  computers
    21  and tablets, and other similar portable wireless devices and accessories
    22  related  to such devices that are used to access wireless communications
    23  services and includes wireless services.
    24    § 4. Subsection (a) of section 3449 of the insurance law, as added  by
    25  chapter 426 of the laws of 2005, is amended to read as follows:
    26    (a)  In  this  section,  the  term  "policy of wireless communications

    27  equipment insurance" means an insurance  policy  covering  the  kind  of
    28  insurance  described in paragraph two of subsection [(1)] (d) of section
    29  two thousand one hundred thirty-one of this chapter.
    30    § 5. This act shall take effect immediately.
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