A08945 Summary:

BILL NOA08945
 
SAME ASSAME AS S07181
 
SPONSORCook
 
COSPNSR
 
MLTSPNSR
 
Amd 405, Fin Serv L (as proposed in S.3505-A & A.3214-A)
 
Relates to civil immunity for information shared with the National Insurance Crime Bureau.
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A08945 Actions:

BILL NOA08945
 
01/03/2020referred to banks
01/08/2020referred to banks
02/04/2020reported
02/06/2020advanced to third reading cal.396
02/10/2020substituted by s7181
 S07181 AMEND= BRESLIN
 01/10/2020REFERRED TO RULES
 01/13/2020ORDERED TO THIRD READING CAL.105
 02/05/2020PASSED SENATE
 02/05/2020DELIVERED TO ASSEMBLY
 02/05/2020referred to banks
 02/10/2020substituted for a8945
 02/10/2020ordered to third reading cal.396
 02/10/2020passed assembly
 02/10/2020returned to senate
 04/17/2020DELIVERED TO GOVERNOR
 04/17/2020SIGNED CHAP.79
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A08945 Committee Votes:

BANKS Chair:Abinanti DATE:02/04/2020AYE/NAY:26/0 Action: Favorable
AbinantiAyeLalorAye
PerryAyeFinchExcused
AbbateAyeMikulinAye
MillerExcusedSmithAye
WeprinAyeManktelowAye
RodriguezAyeSalkaAye
BichotteAyeSchmittAye
BlakeExcusedSmullenAye
Jean-PierreAye
SeawrightAye
RichardsonAye
DickensAye
De La RosaAye
VanelAye
WrightAye
NiouAye
TaylorAye
BarnwellExcused
SternAye
HevesiExcused
SayeghAye
BurkeAye
ButtenschonAye

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A08945 Floor Votes:

There are no votes for this bill in this legislative session.
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A08945 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8945
 
SPONSOR: Cook
  TITLE OF BILL: An act to amend the financial services law, in relation to civil immuni- ty for information shared with the National Insurance Crime Bureau   PURPOSE: The purpose of this bill is to amend chapter 656 of the laws of 2019.   SUMMARY OF PROVISIONS: This bill would amend chapter 656 of the laws of 2019, making defini- tional changes to § 405 of the financial services law.   JUSTIFICATION: Information sharing is the most important tool in fighting insurance fraud. Providing adequate protections to organizations that compile data on the state and national level from insurance companies and federal, state and local law enforcement will allow for greater exchange of information in New York. This statutory immunity already exists in a majority of states including California, Florida, Pennsylvania and Texas. Increasing the exchange of information is significantly aiding federal, state and local law enforcement fraud and vehicle theft inves- tigations. Broadening the exchange of information among those fighting fraud will have a positive impact on the New York anti-fraud environment and provide an immediate boost to information sharing for our state.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A08945 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8945
 
                   IN ASSEMBLY
 
                                     January 3, 2020
                                       ___________
 
        Introduced  by  M. of A. COOK -- read once and referred to the Committee
          on Banks
 
        AN ACT to amend the financial services law, in relation to civil immuni-
          ty for information shared with the National Insurance Crime Bureau
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 405 of the financial services law, as amended by a
     2  chapter of the laws of 2019, amending the financial services law  relat-
     3  ing to immunity from civil liability for certain information relating to
     4  insurance  or  banking  violations,  as  proposed  in  legislative bills
     5  numbers S. 3505-A and A. 3214-A, is amended to read as follows:
     6    § 405. Immunity. In the absence of  fraud  or  bad  faith,  no  person
     7  subject to the provisions of this chapter, the banking law or the insur-
     8  ance  law  shall  be  subject  to civil liability, and no civil cause of
     9  action of any nature shall arise against such person for any: (a) infor-
    10  mation relating to suspected violations of the banking law or the insur-
    11  ance law furnished  to  law  enforcement  officials,  their  agents  and
    12  employees; (b) information relating to suspected violations of the bank-
    13  ing  law  or the insurance law furnished to other persons subject to the
    14  provisions of this chapter; (c) information furnished in reports to  the
    15  financial  frauds  and consumer protection unit, its agents or employees
    16  or any state agency investigating fraud or misconduct relating to finan-
    17  cial fraud, its agents or employees; and  (d)  information  relating  to
    18  insurance  fraud as defined in section 176.05 of the penal law furnished
    19  to [or from] the National Insurance Crime Bureau. For  the  purposes  of
    20  this  section  the  National Insurance Crime Bureau is a nonprofit dedi-
    21  cated to [investigation and enforcement of the banking law or the insur-
    22  ance law] the prosecution of insurance  fraud  and  vehicle  crime.  The
    23  superintendent  or  any  employee  of  the financial frauds and consumer
    24  protection unit, in the absence of fraud or  bad  faith,  shall  not  be
    25  subject  to  civil  liability and no civil cause of action of any nature
    26  shall arise against the superintendent or any such employee by virtue of
    27  the publication of any report or bulletin related to the official activ-
    28  ities of the financial frauds  and  consumer  protection  unit.  Nothing
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08049-06-0

        A. 8945                             2
 
     1  herein is intended to abrogate or modify in any way any common law priv-
     2  ilege or immunity heretofore enjoyed by any person.
     3    §  2.  This  act  shall  take  effect on the same date and in the same
     4  manner as a chapter of the laws of 2019, amending the financial services
     5  law relating to immunity from civil liability  for  certain  information
     6  relating  to insurance or banking violations, as proposed in legislative
     7  bills numbers S. 3505-A and A. 3214-A, takes effect.
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A08945 LFIN:

 NO LFIN
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A08945 Chamber Video/Transcript:

2-10-20Video (@ 00:28:22)Transcript pdf Transcript html
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