S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4149
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law,  the  insurance  law  and  the  state
   finance  law, in relation to enacting the "Comprehensive Motor Vehicle
   Insurance Rate Reform Act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Comprehensive Motor Vehicle Insurance Rate Reform Act".
   § 2.  The executive law is amended by adding a  new  article  44-A  to
 read as follows:
                               ARTICLE 44-A
                    OFFICE OF PUBLIC INSURANCE ADVOCATE
 SECTION 945. OFFICE OF PUBLIC INSURANCE ADVOCATE.
         946. INSURANCE CONSUMER ADVOCATE.
         947. POWERS AND DUTIES.
   § 945. OFFICE OF PUBLIC INSURANCE ADVOCATE. THERE IS HEREBY CREATED IN
 THE  EXECUTIVE  DEPARTMENT  AN  INDEPENDENT OFFICE OF INSURANCE CONSUMER
 ADVOCATE (HEREINAFTER REFERRED TO AS "OFFICE") TO REPRESENT  THE  INTER-
 ESTS OF NONBUSINESS AUTOMOBILE INSURANCE CONSUMERS IN NEW YORK STATE.
   §  946. INSURANCE CONSUMER ADVOCATE. 1.  THE GOVERNOR, WITH THE ADVICE
 AND CONSENT OF THE SENATE, SHALL APPOINT AN INSURANCE CONSUMER  ADVOCATE
 (HEREINAFTER REFERRED TO AS "ADVOCATE") WHO SHALL SERVE AS THE EXECUTIVE
 DIRECTOR  OF THE OFFICE OF INSURANCE CONSUMER ADVOCATE AND SHALL RECEIVE
 AN ANNUAL SALARY TO BE FIXED BY THE GOVERNOR WITHIN THE AMOUNT AVAILABLE
 THEREFOR BY APPROPRIATION.
   2. (A) TO BE ELIGIBLE TO SERVE AS ADVOCATE, A PERSON MUST BE  A  RESI-
 DENT  OF  NEW  YORK STATE. THE ADVOCATE SHALL BE A PERSON WHO HAS DEMON-
 STRATED A STRONG COMMITMENT AND INVOLVEMENT IN EFFORTS TO SAFEGUARD  THE
 RIGHTS  OF  THE  PUBLIC  AND  WHO POSSESSES THE KNOWLEDGE AND EXPERIENCE
 NECESSARY TO PRACTICE EFFECTIVELY IN INSURANCE PROCEEDINGS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10365-02-9

 S. 4149                             2
 
   (B) A PERSON IS NOT ELIGIBLE FOR APPOINTMENT AS ADVOCATE IF THE PERSON
 OR THE PERSON'S SPOUSE:
   (I)  IS  EMPLOYED  BY  OR PARTICIPATES IN THE MANAGEMENT OF A BUSINESS
 ENTITY OR OTHER ORGANIZATION REGULATED BY THE  DEPARTMENT  OF  FINANCIAL
 SERVICES OR RECEIVING FUNDS FROM THE DEPARTMENT;
   (II)  OWNS  OR CONTROLS, DIRECTLY OR INDIRECTLY, MORE THAN TEN PERCENT
 INTEREST IN A BUSINESS ENTITY OR OTHER  ORGANIZATION  REGULATED  BY  THE
 DEPARTMENT  OF FINANCIAL SERVICES OR RECEIVING FUNDS FROM THE DEPARTMENT
 OF FINANCIAL SERVICES OR THE OFFICE;
   (III) USES  OR  RECEIVES  A  SUBSTANTIAL  AMOUNT  OF  TANGIBLE  GOODS,
 SERVICES,  OR  FUNDS  FROM  THE  DEPARTMENT OF FINANCIAL SERVICES OR THE
 OFFICE, OTHER THAN COMPENSATION OR REIMBURSEMENT AUTHORIZED BY  LAW  FOR
 THE DEPARTMENT OF FINANCIAL SERVICES OR OFFICE MEMBERSHIP, ATTENDANCE OR
 EXPENSES.
   3. THE ADVOCATE SHALL SERVE FOR A TERM OF TWO YEARS EXPIRING ON FEBRU-
 ARY FIRST OF EACH ODD-NUMBERED YEAR.
   4. IT IS A GROUND FOR REMOVAL FROM OFFICE IF THE ADVOCATE:
   (A)  DOES  NOT  HAVE  AT  THE  TIME  OF APPOINTMENT THE QUALIFICATIONS
 REQUIRED BY THIS SECTION;
   (B) DOES NOT MAINTAIN DURING SERVICE AS  ADVOCATE  THE  QUALIFICATIONS
 REQUIRED BY THIS SECTION;
   (C) VIOLATES A PROHIBITION ESTABLISHED BY THIS SECTION; OR
   (D)  CANNOT  DISCHARGE THE ADVOCATE'S DUTIES FOR A SUBSTANTIAL PART OF
 THE TERM FOR WHICH THE ADVOCATE IS APPOINTED BECAUSE OF ILLNESS OR DISA-
 BILITY.
   5. THE VALIDITY OF AN ACTION OF THE OFFICE IS NOT AFFECTED BY THE FACT
 THAT IT IS TAKEN WHEN A GROUND FOR REMOVAL OF THE ADVOCATE EXISTS.
   6. (A) A PERSON MAY NOT SERVE AS THE ADVOCATE OR ACT  AS  THE  GENERAL
 COUNSEL FOR THE OFFICE OF ADVOCATE IF THE PERSON IS REQUIRED TO REGISTER
 AS A LOBBYIST PURSUANT TO ARTICLE ONE-A OF THE LEGISLATIVE LAW.
   (B)  A  PERSON  SERVING  AS  THE ADVOCATE MAY NOT, FOR A PERIOD OF TWO
 YEARS AFTER THE DATE THE PERSON CEASES TO BE AN ADVOCATE, REPRESENT  ANY
 PERSON  IN  A PROCEEDING BEFORE THE SUPERINTENDENT OF FINANCIAL SERVICES
 OR THE DEPARTMENT OF FINANCIAL  SERVICES  OR  RECEIVE  COMPENSATION  FOR
 SERVICES  RENDERED  ON  BEHALF OF ANY PERSON REGARDING A CASE BEFORE THE
 SUPERINTENDENT OF FINANCIAL SERVICES  OR  THE  DEPARTMENT  OF  FINANCIAL
 SERVICES.
   (C)  AN OFFICER, EMPLOYEE OR PAID CONSULTANT OF A TRADE ASSOCIATION IN
 THE FIELD OF INSURANCE MAY NOT SERVE AS THE ADVOCATE OR BE  AN  EMPLOYEE
 OF THE OFFICE.
   (D)  A  PERSON  WHO  IS  THE  SPOUSE  OF  AN OFFICER, MANAGER, OR PAID
 CONSULTANT OF A TRADE ASSOCIATION IN THE  FIELD  OF  INSURANCE  MAY  NOT
 SERVE AS THE ADVOCATE AND MAY NOT BE AN OFFICE EMPLOYEE.
   (E) FOR THE PURPOSES OF THIS SECTION, A TRADE ASSOCIATION IS A NONPRO-
 FIT,  COOPERATIVE,  AND  VOLUNTARILY  JOINED  ASSOCIATION OF BUSINESS OR
 PROFESSIONAL COMPETITORS DESIGNED TO ASSIST ITS MEMBERS AND ITS INDUSTRY
 OR PROFESSION IN DEALING WITH MUTUAL BUSINESS OR  PROFESSIONAL  PROBLEMS
 AND IN PROMOTING THEIR COMMON INTEREST.
   §  947.  POWERS  AND DUTIES. 1. THE ADVOCATE, AS EXECUTIVE DIRECTOR OF
 THE OFFICE, SHALL BE CHARGED WITH THE RESPONSIBILITY  OF  ADMINISTERING,
 ENFORCING  AND  CARRYING  OUT  THE PROVISIONS OF THIS ARTICLE, INCLUDING
 PREPARATION OF A BUDGET FOR THE OFFICE, EMPLOYING ALL NECESSARY  PROFES-
 SIONAL,  TECHNICAL,  AND OTHER EMPLOYEES TO CARRY OUT PROVISIONS OF THIS
 ARTICLE, APPROVAL OF EXPENDITURES FOR PROFESSIONAL SERVICES, TRAVEL, PER
 DIEM, AND OTHER ACTUAL AND NECESSARY EXPENSES INCURRED IN  ADMINISTERING
 THE  OFFICE.  EXPENSES  FOR THE OFFICE SHALL BE PAID FROM THE ASSESSMENT

 S. 4149                             3
 
 IMPOSED IN SECTION NINE THOUSAND ONE HUNDRED TEN OF THE  INSURANCE  LAW,
 AS  ADDED BY CHAPTER 55 OF THE LAWS OF 1992. THE COMPENSATION OF EMPLOY-
 EES OF THE OFFICE SHALL BE FIXED BY THE ADVOCATE  WITHIN  THE  APPROPRI-
 ATION PROVIDED THEREFOR.
   2.  THE OFFICE SHALL FILE ANNUALLY WITH THE GOVERNOR AND THE PRESIDING
 OFFICER OF EACH HOUSE OF THE LEGISLATURE A COMPLETE AND DETAILED WRITTEN
 REPORT ACCOUNTING FOR ALL FUNDS RECEIVED AND  DISBURSED  BY  THE  OFFICE
 DURING  THE PRECEDING FISCAL YEAR. THE ANNUAL REPORT MUST BE IN THE FORM
 AND REPORTED AS PART OF THE EXECUTIVE BUDGET.
   3. ALL MONEY PAID TO THE OFFICE UNDER THIS ARTICLE SHALL BE  DEPOSITED
 IN THE STATE TREASURY.
   4.  THE  OFFICE  MAY  ASSESS THE IMPACT OF INSURANCE RATES, RULES, AND
 REGULATIONS ON NONBUSINESS AUTOMOBILE INSURANCE CONSUMERS  IN  NEW  YORK
 STATE AND, IN ITS OWN NAME, MAY ADVOCATE ON BEHALF OF POSITIONS THAT ARE
 MOST  ADVANTAGEOUS  TO  A  SUBSTANTIAL  NUMBER OF INSURANCE CONSUMERS AS
 DETERMINED BY THE ADVOCATE.
   5. THE ADVOCATE:
   (A) MAY APPEAR OR INTERVENE AS A MATTER OF  RIGHT  BEFORE  THE  SUPER-
 INTENDENT OF FINANCIAL SERVICES OR DEPARTMENT OF FINANCIAL SERVICES AS A
 PARTY  OR  OTHERWISE  ON  BEHALF  OF  INSURANCE  CONSUMERS AS A CLASS IN
 MATTERS INVOLVING RATES, RULES, AND  REGULATIONS  AFFECTING  NONBUSINESS
 AUTOMOBILE INSURANCE;
   (B) MAY INITIATE OR INTERVENE AS A MATTER OF RIGHT OR OTHERWISE APPEAR
 IN  ANY JUDICIAL PROCEEDING INVOLVING OR ARISING OUT OF ANY ACTION TAKEN
 BY AN ADMINISTRATIVE AGENCY IN A PROCEEDING IN WHICH THE ADVOCATE PREVI-
 OUSLY APPEARED UNDER THE AUTHORITY GRANTED BY THIS ARTICLE;
   (C) IS ENTITLED TO ACCESS ANY RECORDS OF THE EXECUTIVE DEPARTMENT THAT
 ARE AVAILABLE TO ANY PARTY IN A PROCEEDING BEFORE THE SUPERINTENDENT  OF
 FINANCIAL SERVICES OR DEPARTMENT OF FINANCIAL SERVICES UNDER THE AUTHOR-
 ITY GRANTED BY THIS ARTICLE;
   (D)  IS ENTITLED TO OBTAIN DISCOVERY OF ANY NON-PRIVILEGED MATTER THAT
 IS RELEVANT TO THE SUBJECT MATTER INVOLVED IN A PROCEEDING OR SUBMISSION
 BEFORE THE SUPERINTENDENT OF FINANCIAL SERVICES OR DEPARTMENT OF  FINAN-
 CIAL SERVICES AS AUTHORIZED BY THIS ARTICLE;
   (E) MAY RECOMMEND LEGISLATION TO THE LEGISLATURE THAT, IN THE JUDGMENT
 OF  THE  ADVOCATE,  WOULD AFFECT POSITIVELY THE INTERESTS OF NONBUSINESS
 AUTOMOBILE INSURANCE CONSUMERS;
   (F) MAY APPEAR OR INTERVENE AS A MATTER OF RIGHT AS A PARTY OR  OTHER-
 WISE  ON BEHALF OF NONBUSINESS AUTOMOBILE INSURANCE CONSUMERS AS A CLASS
 IN ALL PROCEEDINGS IN WHICH THE ADVOCATE DETERMINES THAT SUCH  CONSUMERS
 NEED  REPRESENTATION,  EXCEPT THAT THE ADVOCATE MAY NOT INTERVENE IN ANY
 ENFORCEMENT OR PARENS PATRIAE PROCEEDING BROUGHT BY THE ATTORNEY  GENER-
 AL.
   6.  (A)  THE  OFFICE  SHALL  PREPARE  INFORMATION  OF  PUBLIC INTEREST
 DESCRIBING THE FUNCTIONS OF THE OFFICE. THE OFFICE SHALL MAKE THE INFOR-
 MATION AVAILABLE TO THE PUBLIC, LAWMAKERS AND  APPROPRIATE  STATE  AGEN-
 CIES.
   (B)  THE  OFFICE  SHALL  PREPARE  AND  MAINTAIN  A  WRITTEN  PLAN THAT
 DESCRIBES HOW EACH PERSON WHO DOES NOT SPEAK  ENGLISH  CAN  BE  PROVIDED
 REASONABLE ACCESS TO THE OFFICE'S PROGRAMS.
   (C) THE OFFICE SHALL PREPARE AND DISTRIBUTE PUBLIC EDUCATION MATERIALS
 FOR CONSUMERS, LEGISLATORS AND REGULATORS.
   (D) THE OFFICE MAY PARTICIPATE IN TRADE ASSOCIATIONS.
   § 3. Subsection (d) of section 2321 of the insurance law is amended to
 read as follows:

 S. 4149                             4
 
   (d)  Proceedings  pursuant to subsections (b) and (c) [hereof] OF THIS
 SECTION may be instituted upon the initiative of the  superintendent  or
 upon  written  application to the superintendent by any aggrieved person
 or organization, other than a rate service organization, for a  hearing,
 if  the  superintendent finds that the application is made in good faith
 and that the grounds otherwise justify  holding  such  a  hearing  WHICH
 SHALL  BE  HELD  WITHIN  FIFTEEN DAYS OF THE REQUEST; PROVIDED, HOWEVER,
 THAT THE SUPERINTENDENT SHALL HOLD SUCH A HEARING WITHIN FIFTEEN DAYS OF
 AN APPLICATION THEREFOR FROM THE INSURANCE CONSUMER ADVOCATE ESTABLISHED
 UNDER ARTICLE FORTY-FOUR-A OF THE EXECUTIVE LAW. IN THE CASE OF A DENIAL
 OF AN APPLICATION FOR A HEARING FILED BY ANY  AGGRIEVED  PERSON  OR  ANY
 OTHER  ORGANIZATION, THE SUPERINTENDENT SHALL PROVIDE THE REASONS THERE-
 FOR IN WRITING TO THE APPLICANT WITHIN FIFTEEN DAYS OF SUCH DENIAL.
   § 4. Subsection (c) of section 2305 of the insurance law is amended to
 read as follows:
   (c) Rates filed with the superintendent shall be  accompanied  by  the
 information  upon  which  the  insurer supports the rate as set forth in
 subsection (b) of section two thousand three hundred four of this  arti-
 cle.    WITH RESPECT TO RATES FILED FOR NONBUSINESS AUTOMOBILE POLICIES,
 SUCH FILINGS SHALL INCLUDE ALL STATISTICAL DATA RELIED UPON  TO  SUPPORT
 THE  FILING  AND  SUCH  OTHER  INFORMATION  AS  THE SUPERINTENDENT SHALL
 REQUIRE. SUCH FILINGS AND  SUPPORTING  INFORMATION  SHALL  CONFORM  WITH
 STANDARDS  OF  UNIFORMITY  WHICH  THE  SUPERINTENDENT SHALL PRESCRIBE BY
 REGULATION ON OR BEFORE THE JANUARY IMMEDIATELY FOLLOWING THE  EFFECTIVE
 DATE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED
 THIS SUBSECTION.
   § 5. Section 89-d of the state finance law, as amended by chapter  170
 of  the laws of 1994 and subdivision 2 as amended by section 4 of part T
 of chapter 56 of the laws of 2009, is amended to read as follows:
   § 89-d. Motor vehicle theft and insurance fraud  prevention  fund.  1.
 There is hereby established in the custody of the comptroller, a special
 fund  to  be  known  as  the  "motor  vehicle  theft and insurance fraud
 prevention fund".
   2. Such fund shall consist of all moneys received by the state  pursu-
 ant  to  subsection  (b) of section nine thousand one hundred ten of the
 insurance law, AS ADDED BY CHAPTER 55 OF THE  LAWS  OF  1992,  that  are
 transferred  to  the fund pursuant to paragraph one of subsection (e) of
 section nine thousand one hundred ten of the insurance law, AS ADDED  BY
 CHAPTER  55 OF THE LAWS OF 1992, and all other grants, bequests or other
 moneys appropriated, credited or transferred thereto from any other fund
 or source pursuant to law.
   3. Moneys in the motor vehicle theft and  insurance  fraud  prevention
 fund  shall  be kept separate and apart and shall not be commingled with
 any other moneys in the custody of the comptroller  and  shall  only  be
 expended  herein  and in such amounts as approved by the division of the
 budget.
   4. [The] EXCEPT AS PROVIDED IN THIS SUBDIVISION, THE  moneys  received
 by  such  fund  shall be expended pursuant to appropriation only to fund
 provider agencies which have been awarded grants by  the  motor  vehicle
 theft  and  insurance  fraud  prevention  board  established pursuant to
 section eight hundred forty-six-l  of  the  executive  law.  All  moneys
 expended  pursuant to this subdivision shall be for the reimbursement of
 costs incurred by provider agencies; PROVIDED, HOWEVER THAT NO LESS THAN
 ONE MILLION TWO HUNDRED THOUSAND DOLLARS SHALL BE USED FOR THE  PURPOSES
 OF CREATING, ADMINISTERING AND OPERATING THE OFFICE OF INSURANCE CONSUM-

 S. 4149                             5
 
 ER  ADVOCATE  CREATED  PURSUANT TO ARTICLE FORTY-FOUR-A OF THE EXECUTIVE
 LAW.
   §  6.  Section  2329 of the insurance law, as amended by chapter 69 of
 the laws of 2017, is amended to read as follows:
   § 2329. Motor vehicle insurance rates; excess profits.  (A) In accord-
 ance with regulations prescribed by  the  superintendent,  each  insurer
 issuing  policies that are subject to article fifty-one of this chapter,
 including policies of motor vehicle personal injury liability  insurance
 or  policies  of  motor  vehicle  property damage liability insurance or
 insurance for loss or damage to a motor vehicle, shall establish a fair,
 practicable, and nondiscriminatory plan for refunding or otherwise cred-
 iting to those purchasing such policies their  share  of  the  insurer's
 excess  profit,  if  any,  on such policies. An excess profit shall be a
 profit beyond a percentage rate of return on net worth  attributable  to
 such  policies,  computed  in accordance with the regulation required by
 section two thousand three hundred twenty-three  of  this  article,  and
 determined by the superintendent to be so far above a reasonable average
 profit  as  to amount to an excess profit, taking into consideration the
 fact that losses or profits below a reasonable average profit  will  not
 be  recouped  from  such  policyholders. Each plan shall apply to policy
 periods for the periods January  first,  nineteen  hundred  seventy-four
 through  August  second, two thousand one, and the effective date of the
 property/casualty insurance availability act through June thirtieth, two
 thousand twenty. In prescribing such regulations the superintendent  may
 limit  the  duration  of such plans, waive any requirement for refund or
 credit that he or she determines to  be  de  minimis  or  impracticable,
 adopt  forms  of  returns  that  shall be made to him or her in order to
 establish the amount of any refund or credit due, establish periods  and
 times for the determination and distribution of refunds and credits, and
 shall  provide  that  insurers  receive  appropriate  credit against any
 refunds or credits required by any such plan for policyholder  dividends
 and  for return premiums that may be due under rate credit or retrospec-
 tive rating plans based on experience.
   (B)(1) ON OR BEFORE NOVEMBER FIRST, TWO THOUSAND TWENTY-ONE, AND ANNU-
 ALLY THEREAFTER, THE SUPERINTENDENT SHALL COMPLETE  A  RECALCULATION  OF
 THE  POINTS FOR REASONABLE RATE OF RETURN AND EXCESS PROFITS ESTABLISHED
 UNDER THE REGULATIONS PROMULGATED PURSUANT TO THIS  SECTION,  USING  THE
 MOST  RECENT SIX YEAR PERIOD FOR WHICH DATA IS AVAILABLE. IF SUCH RECAL-
 CULATION RESULTS IN A CHANGE IN SUCH POINTS,  THE  SUPERINTENDENT  SHALL
 IMMEDIATELY  ADOPT SUCH POINTS IN REGULATION, AND, IF, UNDER SUCH RECAL-
 CULATION, EXCESS PROFITS HAVE BEEN REALIZED, SHALL IMMEDIATELY  ACTIVATE
 PLANS  FOR  REFUNDING  OR  OTHERWISE  CREDITING TO THOSE PURCHASING SUCH
 POLICIES THEIR SHARE OF INSURERS' EXCESS PROFIT, IN ACCORDANCE WITH  THE
 REGULATIONS PROMULGATED HEREUNDER.
   (2) ON OR BEFORE DECEMBER FIRST, TWO THOUSAND TWENTY-ONE, AND ANNUALLY
 THEREAFTER,  THE  SUPERINTENDENT  SHALL  HOLD  A  PUBLIC  HEARING ON THE
 RESULTS OF SUCH RECALCULATION AND ANY  ACTIONS  INSTITUTED  PURSUANT  TO
 THIS  SECTION  AS  A  RESULT OF SUCH RECALCULATION. ON OR BEFORE JANUARY
 FIRST, TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER, THE SUPERINTEN-
 DENT SHALL SEND A TRANSCRIPT OF THE HEARING TO  THE  LEGISLATURE  AND  A
 REPORT  ON  THE RESULTS OF SUCH RECALCULATION AND ANY ACTIONS INSTITUTED
 AS REQUIRED BY THIS SECTION.
   (3) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND  TWENTY-ONE,  THE  SUPER-
 INTENDENT  SHALL ISSUE A REQUEST FOR PROPOSALS TO CONDUCT AN INDEPENDENT
 AUDIT AND EVALUATION, WITH RESPECT TO NONBUSINESS AUTOMOBILE  INSURANCE,
 OF  INSURER  COMPLIANCE WITH AND THE SUPERINTENDENT'S IMPLEMENTATION AND

 S. 4149                             6
 
 ENFORCEMENT OF THE PROVISIONS OF THIS SECTION.  THE SUPERINTENDENT SHALL
 PROVIDE THE CHAIRS OF THE ASSEMBLY AND SENATE  COMMITTEES  ON  INSURANCE
 WITH  THE RESPONSES TO THE REQUEST FOR PROPOSALS, AND SHALL CONSULT WITH
 SUCH CHAIRS ON THE SELECTION OF THE FIRM TO CONDUCT THE AUDIT.
   SUCH  AUDIT  SHALL  BE  COMPLETED  AND  A REPORT SUBMITTED BY NOVEMBER
 FIRST, TWO THOUSAND TWENTY-TWO TO THE SUPERINTENDENT  AND  THE  LEGISLA-
 TURE.  THE SCOPE OF THE AUDIT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  AN  IDENTIFICATION AND EVALUATION OF EVENTS AND CONDITIONS INFLU-
 ENCING INSURER PROFITS, INCLUDING, BUT  NOT  LIMITED  TO:  THE  BUSINESS
 CLIMATE AND CHANGES IN ECONOMIC CONDITIONS, INCLUDING INTEREST RATES;
   (II)  AN  ASSESSMENT  OF  THE  APPROPRIATENESS  OF THE METHODOLOGY FOR
 SELECTING A REASONABLE RATE OF RETURN AND EXCESS PROFIT THRESHOLD  UNDER
 SUCH REGULATION;
   (III)  AN  ASSESSMENT  OF  THE FEASIBILITY OF USING INDIVIDUAL INSURER
 RESULTS RATHER THAN AGGREGATE INDUSTRY DATA FOR TESTING PROFITABILITY;
   (IV) AN ASSESSMENT OF THE FEASIBILITY OF AVERAGING DATA OVER LESS THAN
 A SIX YEAR PERIOD FOR MEASURING EXCESS PROFITS;
   (V) AN ASSESSMENT OF  THE  DEPARTMENT'S  ACTIVITIES  WITH  RESPECT  TO
 RECALCULATING  THE  POINTS  FOR  REASONABLE  RATE  OF  RETURN AND EXCESS
 PROFITS;
   (VI) A RECALCULATION OF THE POINTS FOR REASONABLE RATE OF  RETURN  AND
 EXCESS  PROFITS  USING THE MOST RECENT SIX YEAR PERIOD FOR WHICH DATA IS
 AVAILABLE; AND
   (VII) AN IDENTIFICATION AND EVALUATION OF OTHER STATES' EXCESS PROFITS
 LAWS, REGULATIONS, IMPLEMENTATION OF  SUCH  LAWS  AND  REGULATIONS,  AND
 METHODOLOGIES FOR CALCULATING POINTS FOR REASONABLE RATE OF RETURN.
   THE  REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:  RECOMMENDATIONS FOR
 CHANGES TO THE LAW, REGULATIONS AND IMPLEMENTATION  AND  ENFORCEMENT  OF
 SUCH  PROVISIONS  BASED  ON  THE  FINDINGS OF SUCH AUDIT AND EVALUATION.
 WITHIN THREE MONTHS OF THE RECEIPT OF SUCH  REPORT,  THE  SUPERINTENDENT
 SHALL  HOLD A PUBLIC HEARING WITH REGARD TO THE DEPARTMENT'S RESPONSE TO
 THE FINDINGS AND RECOMMENDATIONS OF THE REPORT.
   § 7.  This act shall take effect immediately, provided, however,  that
 this  act  shall  apply  to  insurance contracts issued or renewed on or
 after such effective date, and shall apply at the next  required  policy
 period,  commencing  on  or  after  such date, to any insurance contract
 written prior to the effective date of this act.