Bill Text: NY A09023 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes a temporary task force to examine and make recommendations upon the establishment of a public title insurance carrier; and provides for the repeal of such provisions upon the expiration thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-10 - referred to insurance [A09023 Detail]

Download: New_York-2019-A09023-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9023

                   IN ASSEMBLY

                                    January 10, 2020
                                       ___________

        Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
          tee on Insurance

        AN ACT in relation to establishing a temporary task force to examine and
          make recommendations upon the establishment of a public  title  insur-
          ance  carrier;  and  to provide for the repeal of such provisions upon
          the expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  There  is  hereby  established,  within the department of
     2  financial services, a temporary task force to examine and make recommen-
     3  dations upon the establishment of a public title insurance carrier ("the
     4  task force"). The task force shall consist of nine members who shall  be
     5  appointed as follows:
     6    a.  the  superintendent of the department of financial services or his
     7  or her designee;
     8    b. four members to be appointed by the governor;
     9    c. two members to be appointed  by  the  temporary  president  of  the
    10  senate; and
    11    d. two members to be appointed by the speaker of the assembly.
    12    § 2. No member of the task force shall be a current or former employee
    13  of the title insurance industry.
    14    §  3.  Task  force  members  shall  receive  no compensation for their
    15  services but shall be  reimbursed  for  actual  and  necessary  expenses
    16  incurred in the performance of their duties.
    17    §  4. The chairperson of the task force shall be the superintendent of
    18  the department of financial services or his or her  designee.  The  task
    19  force shall meet at the call of the chairperson.
    20    §  5.  Any  vacancies  on the task force shall be filled in the manner
    21  provided for in the initial appointment.
    22    § 6. The task force shall be authorized to hold  public  hearings  and
    23  meetings to enable it to accomplish its duties.
    24    §  7. The task force shall consult with relevant stakeholders, includ-
    25  ing the title insurance industry, consumer  advocacy  groups,  the  real
    26  estate  industry,  and  any other organization, educational institution,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13832-02-9

        A. 9023                             2

     1  government entity or agency or person the task force deems necessary  in
     2  the  development  of  its  report  required  by  subdivision ten of this
     3  section.
     4    § 8. The department of financial services shall provide the task force
     5  with  such facilities, assistance and data as will enable the task force
     6  to carry out its powers and duties. Additionally, all other agencies  of
     7  the  state  or  subdivisions  thereof  may, at the request of the chair-
     8  person, provide the task force with such facilities, assistance and data
     9  as will enable the task force to carry out its powers and duties.
    10    § 9. The purpose of the task force shall be to examine and make recom-
    11  mendations on issues including but not limited to:
    12    a. the establishment of a public title  insurance  carrier,  including
    13  but not limited to:
    14    i. the structure and administration of public title insurance carriers
    15  in other jurisdictions, including Iowa;
    16    ii.  the  impact the establishment of a public title insurance carrier
    17  would have on lenders and  consumers,  including  the  impact  on  title
    18  insurance premium rates;
    19    iii.  the impact the establishment of a public title insurance carrier
    20  would have on the current title insurance industry in the state;
    21    iv. whether such public title insurance carrier should offer  coverage
    22  for residential real estate, commercial real estate, or both;
    23    v. the cost to the state of establishing such a public title insurance
    24  carrier; and
    25    vi.  whether  such  public  title insurance carrier should be the only
    26  title insurance carrier authorized to do business in the state;
    27    b. an analysis of the title insurance  industry  in  New  York  State,
    28  including but not limited to:
    29    i. current laws and regulations within this state addressing the title
    30  insurance industry;
    31    ii. an analysis of title insurance premium rates in the state; and
    32    iii. an analysis of the claim rates of title insurance policies in the
    33  state.
    34    § 10. No later than one year after the effective date of this section,
    35  the  task  force shall transmit to the governor, the temporary president
    36  of the senate and the speaker of the assembly a report on its  findings,
    37  including any recommendations for legislation or regulations.
    38    §  11.  This act shall take effect immediately and shall expire and be
    39  deemed repealed sixty days after transmission of the report of the find-
    40  ings of the task force to the governor, the temporary president  of  the
    41  senate  and  the  speaker of the assembly, as provided in section ten of
    42  this act. Provided, however, that the commissioner of the department  of
    43  financial services shall notify the legislative bill drafting commission
    44  upon  the  transmission of the report of the findings of the task force,
    45  as provided in section ten of this act, in order that the commission may
    46  maintain an accurate and timely effective data base of the official text
    47  of the laws of the state of New York in furtherance of effectuating  the
    48  provisions  of section 44 of the legislative law and section 70-b of the
    49  public officers law.
feedback