S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1643
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced by M. of A. SKOUFIS, GALEF, WEPRIN, CRESPO, MAYER, MALLIOTAK-
   IS, CUSICK, RAIA, SALADINO, CURRAN, OTIS, HARRIS -- Multi-Sponsored by
   -- M. of A.  COLTON, PERRY, RIVERA, SIMON -- read once and referred to
   the Committee on Insurance
 
 AN  ACT to amend the insurance law, in relation to creating a task force
   on disasters

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The insurance law is amended by adding a new section 215 to
 read as follows:
   §  215.  TASK  FORCE ON DISASTERS.  (A) THERE IS HEREBY CREATED A TASK
 FORCE TO EXAMINE HOW INSURERS WHO WRITE POLICIES THAT COVER LOSS  OF  OR
 DAMAGE  TO  REAL  PROPERTY,  PERSONAL PROPERTY, OR OTHER LIABILITIES FOR
 LOSS OF, DAMAGE TO, OR INJURY TO PERSONS OR PROPERTY IN NEW  YORK  STATE
 RESPOND  TO DISASTERS, IN WHAT WAYS STATE AND LOCAL AGENCIES SUCH AS THE
 DEPARTMENT OF FINANCIAL SERVICES AND THE DEPARTMENT OF HOMELAND SECURITY
 AND EMERGENCY SERVICES CAN ASSIST IN SUCH RESPONSE AND  WHETHER  POLICY-
 HOLDERS AND COMMUNITIES HAVE ADEQUATE INSURANCE.
   (B)  (1)  THE TASK FORCE SHALL CONSIST OF TWENTY-THREE MEMBERS, ONE OF
 WHOM SHALL BE THE SUPERINTENDENT OR  HIS  OR  HER  DESIGNATED  REPRESEN-
 TATIVE, ONE OF WHOM SHALL BE THE COMMISSIONER OF THE DEPARTMENT OF HOME-
 LAND  SECURITY AND EMERGENCY SERVICES OR HIS OR HER DESIGNATED REPRESEN-
 TATIVE, FIVE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR,  FIVE  OF  WHOM
 SHALL  BE APPOINTED BY THE GOVERNOR BASED UPON THE RECOMMENDATION OF THE
 SPEAKER OF THE ASSEMBLY, FIVE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR
 BASED UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE  SENATE,
 THREE  OF  WHOM SHALL BE APPOINTED BY THE GOVERNOR BASED UPON THE RECOM-
 MENDATION OF THE MINORITY LEADER OF THE  ASSEMBLY,  AND  THREE  OF  WHOM
 SHALL  BE APPOINTED BY THE GOVERNOR BASED UPON THE RECOMMENDATION OF THE
 MINORITY LEADER OF THE SENATE.
   (2) THE APPOINTEES SHALL INCLUDE REPRESENTATIVES OF THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01156-01-7

 A. 1643                             2
 
   (A) FOUR INSURERS WHO WRITE POLICIES THAT COVER LOSS OF OR  DAMAGE  TO
 REAL  PROPERTY,  PERSONAL  PROPERTY,  OR  OTHER LIABILITIES FOR LOSS OF,
 DAMAGE TO, OR INJURY TO PERSONS OR PROPERTY,  INCLUDING  REPRESENTATIVES
 FROM  COMPANIES  OF VARYING SIZES AND LOCATIONS AND AT LEAST ONE INSURER
 WHO WRITES FOR THE NATIONAL FLOOD INSURANCE PROGRAM.
   (B)  TEN  LOCAL  OFFICIALS  WHO  RESPOND TO DISASTERS AND EMERGENCIES,
 INCLUDING POLICE OFFICIALS, PROFESSIONAL AND VOLUNTEER FIRE AND EMERGEN-
 CY SERVICES PERSONNEL, AND LOCAL OFFICIALS RESPONSIBLE FOR  THE  COORDI-
 NATION  OF  EMERGENCY SERVICES AND THE LOCALITY'S RESPONSE TO A DISASTER
 OR EMERGENCY.  THESE APPOINTMENTS SHALL REFLECT THE GEOGRAPHIC DIVERSITY
 OF THE STATE AND INCLUDE REPRESENTATIVES FROM  LOCALITIES  WITH  VARYING
 POPULATION  DENSITIES.   THESE APPOINTMENTS SHALL ALSO INCLUDE REPRESEN-
 TATIVES FROM THE FOLLOWING REGIONS: NEW YORK CITY, LONG ISLAND, MID-HUD-
 SON, CAPITAL  REGION,  NORTH  COUNTRY,  MOHAWK  VALLEY,  SOUTHERN  TIER,
 CENTRAL NEW YORK, FINGER LAKES, AND WESTERN NEW YORK.
   (C) TWO ORGANIZATIONS THAT REPRESENT INDEPENDENT AND PUBLIC ADJUSTERS.
   (D) TWO NON-PROFITS THAT HAVE EXPERIENCE WITH DISASTER RELIEF.
   (E) TWO CONSUMER ADVOCACY GROUPS.
   (F)  ONE  INDEPENDENT  INSURANCE AGENT WHO OBTAINS COVERAGE FOR POLICY
 HOLDERS FOR LOSS OF OR DAMAGE TO REAL PROPERTY,  PERSONAL  PROPERTY,  OR
 OTHER  LIABILITIES FOR LOSS OF, DAMAGE TO, OR INJURY TO PERSONS OR PROP-
 ERTY.
   (3) RECOMMENDATIONS AND APPOINTMENTS SHALL TAKE INTO CONSIDERATION THE
 EXPERTISE OF OTHER APPOINTEES, SO THAT THE TASK FORCE REFLECTS A  DIVER-
 SITY OF EXPERIENCE.
   (4)  THE MEMBERS OF THE TASK FORCE SHALL NOT RECEIVE COMPENSATION, BUT
 SHALL BE REIMBURSED FOR REASONABLE TRAVEL EXPENSES.
   (C) THE SUPERINTENDENT, OR HIS OR HER DESIGNATED  REPRESENTATIVE,  AND
 THE  COMMISSIONER  OF  THE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
 SERVICES, OR HIS OR HER DESIGNATED REPRESENTATIVE, SHALL  SERVE  AS  THE
 CO-CHAIRS OF THE TASK FORCE.
   (D)  THE  TASK  FORCE SHALL REPORT TO THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE  CHAIR  OF  THE
 ASSEMBLY  INSURANCE  COMMITTEE  AND  THE  CHAIR  OF THE SENATE INSURANCE
 COMMITTEE ON THE RESULTS OF ITS EXAMINATION ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION.  THE REPORT SHALL INCLUDE INFORMATION ON THE CHAL-
 LENGES THAT INSURERS FACE WHEN RESPONDING TO A DISASTER,  POSSIBLE  WAYS
 FOR  INSURERS TO WORK BETTER WITH COMMUNITY STAKEHOLDERS AND STATE AGEN-
 CIES TO FACILITATE TIMELY CLAIMS INVESTIGATION AND PROCESSING, SUGGESTED
 LEGISLATION TO ADDRESS, ISSUES IDENTIFIED BY THE  TASK  FORCE,  AND  ANY
 OTHER  INFORMATION  THE  SUPERINTENDENT  AND  THE  COMMISSIONERS  OF THE
 DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY SERVICES DEEMS RELEVANT.
   (E) IN COMPLETING ITS TASK, THE TASK FORCE WILL CONSIDER THE FOLLOWING
 ISSUES, AS WELL AS ANY OTHER ISSUE THAT IT DEEMS RELEVANT:
   (1) STEPS INSURERS CURRENTLY TAKE IN ORDER TO RESPOND TO  DISASTER-RE-
 LATED CLAIMS IN A TIMELY FASHION;
   (2) CHALLENGES INSURERS EXPERIENCE WHEN RESPONDING TO DISASTERS;
   (3)  STEPS INSURERS CURRENTLY TAKE TO ADEQUATELY ASSESS DAMAGE SO THAT
 HOMEOWNERS AND MUNICIPALITIES CAN REMOVE DEBRIS AND MAKE REPAIRS  QUICK-
 LY;
   (4) ADDITIONAL STEPS INSURERS AND STATE AND LOCAL AGENCIES CAN TAKE TO
 BETTER RESPOND TO THE NEEDS OF COMMUNITIES AND POLICYHOLDERS AFFECTED BY
 A DISASTER;
   (5)  WAYS  INSURERS AND STATE AND LOCAL AGENCIES CAN PROACTIVELY REACH
 OUT TO POLICYHOLDERS AND COMMUNITIES FOLLOWING A DISASTER;

 A. 1643                             3
 
   (6) WAYS INSURERS ASSIST  HOMEOWNERS  AND  BUSINESSES  AFFECTED  BY  A
 DISASTER WHOSE PREMIUMS ARE DUE;
   (7)  STEPS  INSURERS  CAN  TAKE  IF  THEIR EMPLOYEES ARE AFFECTED BY A
 DISASTER IN ORDER TO ENSURE THAT THEY  ARE  STILL  ABLE  TO  RESPOND  TO
 CLAIMS IN A TIMELY FASHION;
   (8) WHETHER OR NOT NEW YORKERS HAVE ADEQUATE INSURANCE COVERAGE AND IF
 NOT,  IDENTIFYING  WHAT  BARRIERS  EXIST  THAT  MAY  PREVENT PEOPLE FROM
 PURCHASING ADEQUATE COVERAGE;
   (9) IDENTIFYING MEASURES TO ENCOURAGE  HOMEOWNERS  AND  BUSINESSES  TO
 PURCHASE FLOOD INSURANCE AS NEEDED;
   (10) STEPS INSURERS TAKE TO PREVENT DISPUTES WITH POLICYHOLDERS AND TO
 RESOLVE  THOSE  WHICH  DO OCCUR AS WELL AS ADDITIONAL STEPS INSURERS CAN
 TAKE;
   (11) LEGISLATIVE ACTIONS  THAT  CAN  BE  CONSIDERED  TO  ADDRESS  SUCH
 ISSUES.
   § 2. This act shall take effect immediately.