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Albany Update 02.08.24
In this issue …
Wrongful Death Bill Reintroduced
This week the New York State Senate introduced S8485 which provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought. This bill, which has yet to have been introduced in the Assembly, is identical in text to the 2023 bill that was vetoed by the Governor in December.
Since the new bill introduced by Senator Hoylman-Sigal is the same as the bill that was vetoed, the arguments NYIA made seeking a veto last year remain relevant and important. You can view NYIA’s letter and memo of law NYIA submitted to the Governor last year. NYIA will continue its efforts to strenuously oppose this very ill-conceived and hurtful bill.
Bills on the Move
A8942 (Weprin)/S8167 (Breslin) – This bill would direct the department of financial services to conduct a study examining private flood insurance. It was reported from the Senate Insurance Committee and advanced to the Senate Third Reading Calendar on January 24. It has yet to be considered in the Assembly.
A8500 (Weprin)/S8018 (Breslin) – This bill would provide a chapter amendment to last session’s bill concerning verification of an applicant’s New York State driving history when used as a rating or underwriting factor for private passenger motor vehicle insurance. It passed the Assembly on January 16, passed the Senate on February 7 and is awaiting delivery to the Governor.
A8503 (Jacobson)/S8030 (Skoufis) – This bill would provide a chapter amendment to last session’s bill concerning supplementary uninsured and underinsured motorist coverage for police agencies. It passed the Assembly on January 16, passed the Senate on January 24 and was signed by Governor Hochul on February 7 as Chapter 30.
A7820 (Jean-Pierre)/S5757 (Scarcella-Spanton) – This bill would establish the position of an insurance liaison on the disaster preparedness commission. It was reported from the Senate Committee on Veterans and Homeland Security on January 24 and passed the Senate on February 7. It has yet to be considered by the Assembly Governmental Operations Committee.
S365B (Thomas) – This bill would enact the New York Privacy Act. It was reported from the Senate Committee on Consumer Protection to the Internet and Technology Committee on February 6. There is not a current same as bill in the Assembly.
DFS Issues Emergency Regulation on SUM for Certain Police/Emergency Vehicles
On February 1 the New York State Department of Financial Services (DFS) filed an emergency 11th amendment to 11 NYCRR 60.2 (Insurance Regulation 35-D) regarding supplementary uninsured/underinsured motorist coverage with respect to certain police and emergency vehicles. The emergency regulation is scheduled to appear in the State Register on February 21. DFS also released additional documentation in relation to the emergency regulation. This regulation became necessary upon the enactment of Chapter 30 of the Laws of 2024, A8503 (Jacobson)/S8030 (Skoufis), which mandated the inclusion of this coverage for certain police and emergency vehicles.
New NYS Credit Card Surcharge Law Takes Effect
On December 13 Governor Kathy Hochul signed into law Chapter 723, A2672B (Paulin)/S1048A (Cooney), which amended Section 518 of the general business law to prohibit all sellers in a sales transaction from imposing a credit card surcharge on any customer unless such seller clearly posts the price of the credit card surcharge, at the location where the sale occurs, together with the final sales price of such sales transaction, inclusive of the surcharge. According to this new law, every violation will subject a seller to a fine of $500 (for each noncompliant transaction). The new law takes effect 60 days after it was chaptered, which is February 11, 2024. In accordance with this new law, on February 6 the New York State Department of State issued Credit Card Surcharge Guidance to help assist sellers with its requirements. Examples of violations were also published by the Department of State along with an educational video. The Business Council of New York State is offering a webinar on the new law with the Department of State on February 15 from 1:00 to 2:00 p.m. NYIA members are able to attend at no charge but pre-registration is required.
New DOS Regulation on Telemarketing
On February 7 the New York State Department of State adopted a new regulation (19 NYCRR Part 220) with respect to their oversight on telemarketing. The new regulation can be found starting on page 13 of the linked document. This regulation is now in full force and effect.
This new regulation was made in accordance with section 399-z of the general business law and specifies: the legal authority to transfer telephone numbers to the federal registry; several definitions in accordance with 399-z, including consumer, established business relationship, goods and services, hearing, knowingly, and telemarketer; violations; and enforcement practices.