« EdellinenJatka »
(2) In lieu of such provisions, paragraph seven of subsection (a), subparagraph (A) of paragraph one of subsection (j) and paragraph three of this subsection (m) shall apply to such automobile insurance policies which are newly and voluntarily written to have an effective date on after August first, nineteen hundred eighty-five and prior to January first, nineteen hundred eighty-six, and
after August first, nineteen hundred (ninety-two] ninety-six:
On and after August' first, nineteen hundred eighty-five and prior to January first, nineteen hundred eighty-six, and or after August first, nineteen hundred (ninety-two) ninety-six, no notice of nonrenewal or conditional renewal of such covered
automobile insurance policies referred to in this subsection shall be issued to become effective during the required policy period unless it is based
upon a ground for which the policy could have been cancelled or unless it is based upon one or more of the following grounds which occurred during the thirtysix month period ending on the last day of the fourth month preceding the month of the effective date of such notice of nonrenewal or conditional renewal:
§ 2. The insurance law is amended by adding a new section 337 to read as follows:
S 337. Annual consumer guide on automobile insurance. (a) No later than October first of each year, beginning, in nineteen hundred ninetythree, the superintendent shall publish and make available, free of charge to the public, a consumer guide on private passenger automobile insurance that shall contain comprehensive and updated information written in plain language in a clear and understandable format, including the following: (1) annual ranking of
ranking of automobile insurers: (A) including an analysis of private passenger insurers in the state which provides, in detail.
a ranking of such insurers from best to worst based on each insurer's record of consumer complaints during the preceding calendar year, using criteria available to the department, ad justed for volume of 'insurance written; and (B) taking into consideration the corresponding total of claims improperly denied in whole or in part,, consumer complaints found to be valid in whole or in part, and any other pertinent data which would permit the department to objectively determine an insurer's performance; and (c) the superintendent may note, to the extent
taken by the department against an insurer for violating any law or regulation;
(2) 8 list of makes and models of automobiles that generally do not meet underwriting guidelines of automobile insurers
or in regard to which consumers
expect to pay higher premiums as a result of an automobile's style, model type or other distinguishing features, except that specific insurers shall not be identified for purposes of such list;
(3) explanation of all types of automobile insurance required by law and available as optional coverage, including policyholders rights under these types of coverage and when making claims;
(4) an explanation of and information on the automobile insurance plan established pursuant to, article fifty-three of this chapter, including how motorists in such plan should proceed in attempting to obtain insurance in the voluntary market;
(5) representative information on the availability and costs of automobile insurance from insurers for rating territories in the state,, for classes of drivers, including information on premium credit and surcharge practices;
(6) recommendations to how best to shop for and compare prices, service and quality of automobile insurance coverage;
(7) an explanation of prohibited discriminatory practices applying to insurance companies, agents and brokers; and
(8) department toll free consumer'hot-line through which consumers may initiate complaints, and request general information, about autonobile insurance. (b) The
annual requirements set forth in subsection (a) of this sec, tion may be satisfied by separate supplemental publications and updates:
(c) The superintendent shall provide for the adequate distribution and availability of the consumer, guide on automobile insurance. Appropriate copies
of the guide shall be transmitted to the commissioner of motor, vehicles for distribution at every department of motor vehicle local and district office in the state and to the commissioner of education for
distribution to every public library in the state, where copies of the guide shall be made available free of charge to the public.
§ 3. The insurance law is amended by adding a new section 338 to read as follows:
§ 338. Biennial report on the automobile insurance plan. No later than May first, nineteen hundred ninety-four and every two years thereafter, the super intendent shall furnish to the governor and each house of the legislature a report containing:
(a) a comprehensive analysis of the drivers in the automobile insurance plan established pursuant to article fifty-three of this chapter, which shall include the number, experience, classes, age, sex and geographic location of drivers in the plan, by rating territory and postal 21P code;
(b) a summary assessment of insurer nonrenewals and cancellations in regard to automobile insurance using records as submitted to the department, based on geographic location of the risk or producers which shall also incorporate relevant information age
from reports required by paragraph two of subsection (1) of section three thousand four hundred twenty-five of this chapter;
(c) a summary and assessment of the department's efforts in maintaining or reducing the population of the automobile insurance plan;
(d), a summary and assessment of the department's efforts in regard to automobile insurance subject to section three thousand four hundred twenty-five in enforcing sections three thousand four hundred twentynine, three thousand four hundred thirty and three thousand four hundred thirty-three of this chapter, and regulations promulgated pursuant to such sections; and
(e) recommendations, if appropriate, for further statutory or administrative changes designed to reduce or maintain the population of the automobile insurance plan.
§ 4. Paragraph .2 of subsection (1) of section 3425 of the insurance law, as amended by chapter 207 of the laws of 1991, is amended to read as follows:
.(2) The superintendent shall collect, analyze and compile such reports with regard to the number of
insureds, non-renewed insureds and business written by each insurer in each rating territory of each such insurer and, in each case, the class of insureds (including age and sex) affected so that a statistical analysis of the results obtained pursuant to subsections (f) and (m) of this section shall be provided to each house of the legislature by March fifteenth, nineteen hundred ninety-two and by March fifteenth, nineteen hundred ninety-six.
§ 5. Subsection (c)'of section 2112 of the insurance law, as added by chapter 769 of the laws of 1984, is amended to read as follows:
(c) Certificates of appointment shall be valid until (i) terminated by the appointing insurer after a termination in accordance with the provişions of the agency contract; (ii) the license is suspended or revoked by the superintendent; or (iii) the license expires and is not renewed.
§ 6. Section 3425 of the insurance law is amended by adding a new subsection (n) to read as follows:
(n) In the event of a determination by the superintendent that an insurer's elimination of premium installment plans, reduction in commission, or any other market ing action was implemented to effectuate a withdrawal or substantial withdrawal from writing automobile insurance:
(1) an agent shall be permitted to terminate its contract with the insurer, or that portion of the contract authorizing the agent to accept automobile insurance,
and the insurer shall be required to accept new business and issue renewals in accordance with paragraph one of subsection (j) of this section;
(2) notwithstand ing the provisions of subparagraph (D) of paragraph one of subsection (j) of this section, where an agent's contract is terminated or a portion thereof is terminated, pursuant to this subsection, commissions for automobile insurance shall be paid at the rate in effect applicable to the agent for the longest duration during the twelve-month period immediately preceding the action which is determined by the superintendent to have been implemented to effectuate a withdrawal or substantial withdrawal from writing automobile insurance;
(3) premium payment installment options shall be maintained in a manner substantially similar to options offered by the automobile insurance plan established pursuant to article fifty-three of this chapter; and EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
(4) paragraphs one and two of this subsection shall not apply to an agent who agrees to represent exclusively
§ 7. Section 3425 of the insurance law is amended by adding a new subsection (0) to read as follows:
(0) An insurer that intends to materially reduce its volume of policies written, covered by this section, shall submit to the superintendent,
at least thirty, days in advance of implementing such actions, a plan' for orderly reduction that: (1) describes the contemplated actions; (2) sets forth the reasons for such actions; (3) describes the measures such insurer intends to take in order to minimize market disruption; and (4) such other information as the superintendent may require.
§ 8. This act shall take effect immediately, except that sections six and seven of this act shall take effect on the sixtieth day after it shall have become a law.
AN ACT to amend the state finance law, in relation to prompt contracting
and interest payments for not-for-profit organizations Became a law July 24, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:
Section 1. Section 179-v of the state finance law is amended by adding a new subdiyneipamest foreadoasskindows
the timeframes for processing a contract are met and the state agency is liable for interest due to a retroactive contract start date, the
state agency and the not-for-profit organization may mutually agree to waive any interest owed to the not-for-profit organization under the provisions of this article. If interest is so waived, the state agency shall immediately provide the office of the state comptroller with the written agreement' signed by the not-for-profit organization and such other data as the comptroller shall request.
§ 2. Subdivision 2 of section 179-w of the state finance law, as added by chapter 166 of the laws of 1991, is amended to read as follows:
2. In the event that a state agency, including the comptroller, division of budget, or the attorney general shall determine that extenuating circumstances exist which prevent such agency from complying with the time frames required by this article, such agency shall immediately provide written notification of such determination to any directly, affected not-for-profit organization, the office of the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such written notification shall include
explanation of the circumstances and shall state the specific amount of the time for which the specified provisions of this article relating to time frames shall be suspended. Except as provided in subdivision three of this section, no suspension shall be valid unless it shall state such specific amount of time, provided that the cumulative length of suspensions declared by any state agency pursuant to this section, except such subdivision three, when added together shall not be valid if declared for a period greater than four and one-half months in any fiscal year.
§ 3. Section 179-x of the state finance law, as added by chapter 166 of the laws of 1991, is amended to read as follows:
§ 179-x. Federal funds. The provisions of this article as they relate to federal funds shall only be applicable to the extent a state agency is in receipt of federal funds for a particular program; provided how; ever, the provisions of this article shall be applicable to federal funds, including, but not limited to funds such as petroleum overcharge moneys, only to the extent that any required federal or court review approval
process concerning the use of such funds has been completed, and no notification of disapproval has been received by a state
agency. Any time frame contained within the provisions of this article shall run
from the date of the notification to a state agency of receipt of fed-
§ 4. The state finance law is amended by adding a new section 179-ee to read as follows:
§ 179-ee. Other provisions for contracts and appropriations. 1. Notwithstanding any other provision of this article to the contrary, for the purposes of calculating timeframes as provided in section one hundred seventy-nine-s of this article, the enactment date of an appropriation which finances a contract with a not-for-profit organization which has been identified for a state agency without the use of a request for proposals shall be deemed to be the date on which such not-for-profit organization is identified.
2. Notwithstanding any other provision of this article, no state agency shall be liable for interest payments on contracts executed suant to appropriations made in whole or in part for liabilities incurred in a prior fiscal year.
§ 5. This act shall take effect immediately and shall apply to all appropriations or reappropriations made, enacted authorized for the state fiscal year commencing on April 1, 1992.
tions six after it
AN ACT authorizing the creation of a state debt to the amount of eight hundred million dollars, in relation to creating the jobs for the new, New York bond act and providing for the submission to the people of a proposition or question therefor to be voted upon at the general elec
tion to be held in November 1992 Became a law July 31, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The jobs for the new, New York bond act is enacted to read
JOBS FOR THE NEW, NEW YORK BOND ACT
2. Creation of a state debt.
4. Consistency with federal tax law.
a state debt. The creation of a state debt to an amount not exceeding in the aggregate eight hundred million dollars ($800,000,000) is hereby authorized to provide moneys for the single purpose of funding infrastructure projects to promote the creation retention of permanent private sector jobs.
A well-developed and maintained infrastructure is necessary to the creation, preservation and
enhancement of an environment to which businesses
can be attracted, and in which they can be retained and nurtured, thereby creating retaining private sector employment and reducing the state's
unemployment, both of which are critical to the economic and social well-being of the state. The legislature may,
by appropriate legislation and subject to such conditions as it may impose, make available out of the proceeds of the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law
sale of bonds authorized in this act, moneys for state programs or for payments of the state share of the cost of
programs undertaken by or through a state agency or state or local public benefit corporation, industrial development agency, county, city, town, village, Indian nation or government or any combination thereof, for the purpose of funding infrastructure projects undertaken by or through such entities and to match federal or other funds which may from time to time be made available by congress or from other sources to such entities for such purpose.
၌ 3. Bonds of the state. The state comptroller is hereby authorized and empowered to issue and sell bonds of the state to the amount of eight hundred million
million dollars ($800,000,000) for the purpose of this act, subject to the provisions of article 5 of the state finance law. The aggregate principal amount of such bonds shall not exceed eight hundred million dollars ($800,000,000) excluding bonds issued to refund otherwise repay
bonds theretofore issued for such purpose; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds may be greater than eight hundred million dollars ( $800,000,000) only if the present value of the aggre: gate debt service of the refunding or repayment bonds to be issued shall not exceed the present value of the aggregate debt service of the bonds to be refunded or repaid,
5 4. Consistency with federal tax law. Bonds issued pursuant to this act may be issued as taxable or tax-exempt bonds for purposes of the federal internal revenue code and regulations thereunder. All actions taken pursuant to this act shall be reviewed for consistency with provisions of the federal internal revenue code and regulations thereunder, in accordance with procedures established in connection with the issuance of any bonds pursuant to this act which are intended to be federally tax exempt to preserve the federal tax exempt status of such bonds. Any bonds issued pursuant to this act together with the income therefrom shall be exempt from state and local taxation
except for transfer and estate taxes. The state covenants with the purchasers and with all subsequent holders and transferees of bonds issued pursuant to this act, consideration of the acceptance of and payment for the bonds, that the bonds issued pursuant to this act and the income therefrom shall be free from such taxation, as aforestated herein.
5 2. This act shall not take effect unless and until it shall have been submitted to the people at the general election to be held in November 1992, and shall have received a majority of all votes cast for and against it at such election. Upon approval by the people this act shall take effect immediately. The ballots to be furnished for the use of the voters upon the submission of this act shall be in the form prescribed by the election law, and the proposition or question to be submitted shall be printed thereon in substantially the following form, namely, "Shall chapter (here insert the number of the chapter) of the laws of 1992 known as the jobs for the new, New York bond act, which promotes the creation or retention of permanent private sector jobs, by authorizing the creation of state debt to provide moneys for infrastructure projects in
the amount of eight hundred million dollars ($800,000,000), be approved?"
AN ACT to amend the economic development law, the New York state urban development corporation act, the state finance law and the
executive law, in relation to the implementation of the jobs for the new,
Passed by a majority vote, three-fifths being present.
The legislature hereby finds and declares that over the past two years
New York state's economy has undergone significant retrenchment, which re