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2007 SUMMARY OF NEW STATE LAWS - NEW YORK

New York State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

AB 335

233

Identity theft

Prohibits a merchant from writing a customer's address or telephone number on a credit card transaction form or on any attachment thereto; removes the exception that allows merchant to record the customers name and address where the amount of the transaction is below the stores floor limit. Effective: July 18, 2007.

AB 339

234

Building codes

Provides that temporary swimming pool enclosures shall be replaced with permanent enclosures in compliance with state and local building codes within ninety days, permits extension for good cause. Effective: January 1, 2008.

AB 3978

241

Motor vehicle insurance - traffic safety

Provides that no person shall operate a school bus for which there are no applicable federal school bus safety standards unless all occupants are restrained by a safety belt approved by the commissioner of motor vehicles; establishes penalties for violations. Effective: November 1, 2007.

AB 4367

108

Building codes

Excludes permanent structures used in conjunction with the working of a farm operation from the definition of the term building for purposes of the State Uniform Fire Prevention and Building Code Act. Effective: July 3, 2007.

AB 6163

6

Worker's compensation - fund management

Relates to workers' compensation reform; relates to the administration of the special disability fund and authorizes the closing of the special disability fund to new claims and the establishment of the special disability fund advisory committee. Effective: March 13, 2007.

AB 7877

251

Commercial auto

Relates to disqualification of commercial driver's licenses. Effective: July 18, 2007.

AB 7892

597

Corporate governance

Relates to shareholder votes in mutual companies. Effective: August 15, 2007.

AB 8051

408

Motor vehicle insurance - enforcement issues

Requires officers to make certain notations in the event of a serious physical injury or death resulting from a vehicle accident. Effective: August 1, 2007.

AB 8315

257

Commercial auto

Permits the collection of motor carrier fees through the unified carrier registration plan. Effective: July 18, 2007.

AB 9028

268

Rate regulation

Extends provisions relating to the setting of automobile and property/casualty insurance rates; relates to homeowner's insurance/catastrophe insurance coverage. Effective: July 18, 2007.

AB 9036

86

Property insurance

Extends provisions of law relating to the New York property insurance underwriting association and of certain powers of such association and extends provisions of existing law relating to homeowners' insurance and a temporary panel on homeowners' insurance coverage. Effective: June 29, 2007.

AB 9233

631

Financial regulation

Establishes risk-based and minimum capital requirements for property and casualty insurance companies. Effective: August 28, 2007.

AB 9249

159

Property insurance

Relates to the definition of the term "building" for purposes of the state fire code; removes from the definition the exception of a permanent structure used in conjunction with the working of a farm operation; relates to the application of the uniform fire prevention and building code to, and inspection of, certain agricultural buildings. Effective: July 3, 2007.

SB 804

275

Financial regulation

Amends the Insurance Law relating to authorizing domestic life, property/casualty, reciprocal, mortgage guaranty, cooperative property/casualty and financial guaranty insurers to enter into derivative transactions, in relation to extending the effectiveness thereof. Effective: July 18, 2007.

SB 1046

514

Property insurance

Authorizes the filing of an application for an agricultural assessment after the taxable status date due to the occurrence of a natural disaster or the destruction of farm structures. Effective: August 15, 2007.

SB 1581

169

Workers' compensation - benefits, claims and authorized treatments

Clarifies that workers' compensation benefit and coverage secured by the New York Jockey Injury Compensation Fund, Inc. shall be limited to jockeys, apprentice jockeys and exercise persons licensed pursuant to the provisions of the racing pari-mutuel wagering and breeding law providing for thoroughbred racing or quarter horse racing. Effective: July 3, 2007.

SB 1710

171

Workers' compensation - fund management

Requires the president of the civil service commission to prepare an annual report describing occupational injuries, illnesses and workers' compensation experience in state agencies. Effective: July 3, 2007.

SB 2140

65

State regulation

Directs the commissioner of OCFS to order a study of the availability, accessibility and affordability of insurance policies to child care providers. Effective: July 4, 2007.

SB 3990

194

Motor vehicle insurance -- miscellaneous

Relates to the threshold for property damage in snowmobile accident reporting. Effective: July 3, 2007.

SB 4067

199

Workers' compensation - benefits, claims and authorized treatments

Extends the time for filing the form to qualify for certain workers' compensation benefits related to World Trade Center rescue, recovery and clean-up operations. Effective: July 3, 2007.

SB 4139

456

Catastrophic-related legislation

Creates the New York state canal flood mitigation task force to determine what measures should be taken to enhance flood management and mitigation in and along the New York state canal system, including the Erie Canal; develops recommendations; defines terms; creates thirteen member task force; outlines task force duties. Effective: August 1, 2007.

SB 4833

466

Motor vehicle insurance - miscellaneous

Requires that vehicle global warming index labels be affixed to motor vehicles manufactured for the model year 2010 and for subsequent model years. Effective: August 1, 2007.

SB 4895

214

Workers' compensation - benefits, claims and authorized treatments

Provides disability benefits to those persons who repaired, cleaned or rehabilitated vehicles or equipment owned by the city of New York contaminated by debris resulting from the September 11, 2001 terrorist attack. Effective: July 3, 2007.

SB 5246

664

Contractor insurance coverage

Relates to safety requirements during excavation, insurance for construction or demolition operations and support of adjoining structures during excavation. Effective: August 28, 2007.

SB 5541

346

Identity theft

Relates to police reports for victims of identity theft; requires local law enforcement agencies to take police reports of theft identity offenses; allows courts to include the value of time spent by the victims to remediate such crimes as part of restitution. Effective: July 18, 2007.

SB 5780A

669

Motor vehicle insurance - ignition interlock devices

Relates to the installation and operation of ignition interlock devices. Effective: November 26, 2007.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.