Bill Text: NY S04235 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates a task force on disasters; provides that such task force shall consist of twenty-three members.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-06-19 - SUBSTITUTED BY A1093C [S04235 Detail]

Download: New_York-2013-S04235-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4235
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 15, 2013
                                      ___________
       Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
         printed to be committed 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:
    1    Section 1. The insurance law is amended by adding a new section 215 to
    2  read as follows:
    3    S 215. TASK FORCE ON DISASTERS.  (A) THERE IS HEREBY  CREATED  A  TASK
    4  FORCE  TO  EXAMINE HOW INSURERS WHO WRITE POLICIES THAT COVER LOSS OF OR
    5  DAMAGE TO REAL PROPERTY, PERSONAL PROPERTY,  OR  OTHER  LIABILITIES  FOR
    6  LOSS  OF,  DAMAGE TO, OR INJURY TO PERSONS OR PROPERTY IN NEW YORK STATE
    7  RESPOND TO DISASTERS, IN WHAT WAYS STATE AND LOCAL AGENCIES SUCH AS  THE
    8  DEPARTMENT OF FINANCIAL SERVICES AND THE DEPARTMENT OF HOMELAND SECURITY
    9  AND EMERGENCY SERVICES CAN ASSIST CLAIMANTS IN CONNECTING WITH INSURANCE
   10  COMPANIES,  AND WHAT STEPS THE INDUSTRY CAN TAKE TO IMPROVE ITS RESPONSE
   11  IN THE FUTURE.   THE GOAL OF THE TASK FORCE  ON  DISASTERS  WILL  BE  TO
   12  DETERMINE  IF  POLICYHOLDERS  AND  COMMUNITIES  HAVE  ADEQUATE INSURANCE
   13  COVERAGE AND IF THEY ARE ABLE TO RELY UPON THAT COVERAGE IN THE EVENT OF
   14  A DISASTER.
   15    (B) (1) THE TASK FORCE SHALL CONSIST OF EIGHTEEN MEMBERS, ONE OF  WHOM
   16  SHALL BE THE SUPERINTENDENT OR HIS OR HER DESIGNATED REPRESENTATIVE, ONE
   17  OF WHOM SHALL BE THE COMMISSIONER OF THE DEPARTMENT OF HOMELAND SECURITY
   18  AND  EMERGENCY SERVICES OR HIS OR HER DESIGNATED REPRESENTATIVE, FOUR OF
   19  WHOM SHALL BE APPOINTED BY THE GOVERNOR, FOUR OF WHOM SHALL BE APPOINTED
   20  BY THE GOVERNOR BASED UPON THE RECOMMENDATION  OF  THE  SPEAKER  OF  THE
   21  ASSEMBLY, FOUR OF WHOM SHALL BE APPOINTED BY THE GOVERNOR BASED UPON THE
   22  RECOMMENDATION  OF  THE  TEMPORARY  PRESIDENT OF THE SENATE, TWO OF WHOM
   23  SHALL BE APPOINTED BY THE GOVERNOR BASED UPON THE RECOMMENDATION OF  THE
   24  MINORITY  LEADER  OF THE ASSEMBLY, AND TWO OF WHOM SHALL BE APPOINTED BY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05808-02-3
       S. 4235                             2
    1  THE GOVERNOR BASED UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
    2  SENATE.
    3    (2) THE APPOINTEES SHALL INCLUDE REPRESENTATIVES OF THE FOLLOWING:
    4    (A)  FIVE  INSURERS WHO WRITE POLICIES THAT COVER LOSS OF OR DAMAGE TO
    5  REAL PROPERTY, PERSONAL PROPERTY, OR  OTHER  LIABILITIES  FOR  LOSS  OF,
    6  DAMAGE  TO,  OR INJURY TO PERSONS OR PROPERTY, INCLUDING REPRESENTATIVES
    7  FROM COMPANIES OF VARYING SIZES AND LOCATIONS AND AT LEAST  ONE  INSURER
    8  WHO WRITES FOR THE NATIONAL FLOOD INSURANCE PROGRAM.
    9    (B)  FIVE  LOCAL  OFFICIALS  WHO RESPOND TO DISASTERS AND EMERGENCIES,
   10  INCLUDING POLICE OFFICIALS, PROFESSIONAL AND VOLUNTEER FIRE AND EMERGEN-
   11  CY SERVICES PERSONNEL, AND LOCAL OFFICIALS RESPONSIBLE FOR  THE  COORDI-
   12  NATION  OF  EMERGENCY SERVICES AND THE LOCALITY'S RESPONSE TO A DISASTER
   13  OR EMERGENCY.  THESE APPOINTMENTS SHALL REFLECT THE GEOGRAPHIC DIVERSITY
   14  OF THE STATE AND INCLUDE REPRESENTATIVES FROM  LOCALITIES  WITH  VARYING
   15  POPULATION  DENSITIES.   THESE APPOINTMENTS SHALL ALSO INCLUDE REPRESEN-
   16  TATIVES FROM NEW YORK CITY, LONG ISLAND, THE HUDSON  VALLEY,  AND  RURAL
   17  AREAS OF THE STATE THAT ARE PRONE TO FLOODING.
   18    (C) TWO ORGANIZATIONS THAT REPRESENT INDEPENDENT AND PUBLIC ADJUSTERS.
   19    (D) TWO NON-PROFITS THAT HAVE EXPERIENCE WITH DISASTER RELIEF.
   20    (E) TWO CONSUMER ADVOCACY GROUPS.
   21    (3) RECOMMENDATIONS AND APPOINTMENTS SHALL TAKE INTO CONSIDERATION THE
   22  EXPERTISE  OF OTHER APPOINTEES, SO THAT THE TASK FORCE REFLECTS A DIVER-
   23  SITY OF EXPERIENCE.
   24    (4) THE MEMBERS OF THE TASK FORCE SHALL NOT RECEIVE COMPENSATION,  BUT
   25  SHALL BE REIMBURSED FOR REASONABLE TRAVEL EXPENSES.
   26    (C)  THE  SUPERINTENDENT, OR HIS OR HER DESIGNATED REPRESENTATIVE, AND
   27  THE COMMISSIONER OF THE DEPARTMENT OF HOMELAND  SECURITY  AND  EMERGENCY
   28  SERVICES,  OR  HIS  OR HER DESIGNATED REPRESENTATIVE, SHALL SERVE AS THE
   29  CO-CHAIRS OF THE TASK FORCE.
   30    (D) THE TASK FORCE SHALL REPORT TO THE GOVERNOR, THE  SPEAKER  OF  THE
   31  ASSEMBLY,  THE  TEMPORARY  PRESIDENT OF THE SENATE, AND THE CHAIR OF THE
   32  ASSEMBLY INSURANCE COMMITTEE AND  THE  CHAIR  OF  THE  SENATE  INSURANCE
   33  COMMITTEE ON THE RESULTS OF ITS EXAMINATION ONE YEAR AFTER THE EFFECTIVE
   34  DATE OF THIS SECTION.  THE REPORT SHALL INCLUDE INFORMATION ON THE CHAL-
   35  LENGES  THAT  INSURERS FACE WHEN RESPONDING TO A DISASTER, POSSIBLE WAYS
   36  FOR INSURERS TO WORK WITH COMMUNITY STAKEHOLDERS AND STATE  AGENCIES  TO
   37  ENSURE THAT CLAIMS ARE INVESTIGATED AND PROCESSED IN A TIMELY FASHION, A
   38  SUMMARY  OF COMPLAINTS THAT POLICYHOLDERS FROM AFFECTED AREAS HAVE FILED
   39  WITH THE DEPARTMENT  AND  THE  FINAL  RESOLUTION  OF  THOSE  COMPLAINTS,
   40  SUGGESTED  LEGISLATION  ON  HOW  TO  IMPROVE  THE  INSURANCE  INDUSTRY'S
   41  RESPONSE TO DISASTERS, AND ANY OTHER INFORMATION THE SUPERINTENDENT  AND
   42  THE  COMMISSIONERS  OF THE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
   43  SERVICES DEEMS RELEVANT.
   44    (E) IN COMPLETING ITS TASK, THE TASK FORCE WILL CONSIDER THE FOLLOWING
   45  ISSUES, AS WELL AS ANY OTHER ISSUE THAT IT DEEMS RELEVANT:
   46    (1) STEPS INSURERS CURRENTLY TAKE IN ORDER TO RESPOND TO  DISASTER-RE-
   47  LATED CLAIMS IN A TIMELY FASHION;
   48    (2) CHALLENGES INSURERS EXPERIENCE WHEN RESPONDING TO DISASTERS;
   49    (3)  ADDITIONAL STEPS INSURERS CAN TAKE TO BETTER RESPOND TO THE NEEDS
   50  OF COMMUNITIES AND POLICYHOLDERS AFFECTED BY A DISASTER;
   51    (4) HOW INSURERS CAN EFFECTIVELY INVESTIGATE CLAIMS AND MAKE  PAYMENTS
   52  WHEN  ENTIRE  COMMUNITIES  HAVE  BEEN  WIPED  OUT  AND  PEOPLE HAVE BEEN
   53  DISPLACED;
   54    (5) WAYS INSURERS CAN  PROACTIVELY  REACH  OUT  TO  POLICYHOLDERS  AND
   55  COMMUNITIES FOLLOWING A DISASTER;
       S. 4235                             3
    1    (6)  WHETHER  OR  NOT INSURERS ARE GIVING POLICYHOLDERS ENOUGH TIME TO
    2  FILE CLAIMS FOLLOWING A DISASTER;
    3    (7)  STEPS INSURERS CURRENTLY TAKE TO ADEQUATELY ASSESS DAMAGE SO THAT
    4  HOMEOWNERS AND MUNICIPALITIES CAN REMOVE DEBRIS AND MAKE REPAIRS QUICKLY
    5  AND ANY ADDITIONAL STEPS INSURERS CAN TAKE;
    6    (8) WAYS INSURERS ASSIST  HOMEOWNERS  AND  BUSINESSES  AFFECTED  BY  A
    7  DISASTER  WHOSE PREMIUMS ARE DUE AND WHETHER THERE IS ADDITIONAL ASSIST-
    8  ANCE AVAILABLE TO POLICYHOLDERS;
    9    (9) STEPS INSURERS CAN TAKE IF  THEIR  EMPLOYEES  ARE  AFFECTED  BY  A
   10  DISASTER  IN  ORDER  TO  ENSURE  THAT  THEY ARE STILL ABLE TO RESPOND TO
   11  CLAIMS IN A TIMELY FASHION;
   12    (10) WHETHER OR NOT NEW YORKERS HAVE ADEQUATE INSURANCE  COVERAGE  AND
   13  IF  NOT,  IDENTIFYING  WHAT  BARRIERS EXIST THAT MAY PREVENT PEOPLE FROM
   14  PURCHASING ADEQUATE COVERAGE;
   15    (11) STEPS INSURERS TAKE TO PREVENT DISPUTES WITH POLICYHOLDERS AND TO
   16  RESOLVE THOSE WHICH DO OCCUR AS WELL AS ADDITIONAL  STEPS  INSURERS  CAN
   17  TAKE;
   18    (12)  LEGISLATIVE  ACTIONS  THAT  CAN  BE  CONSIDERED  TO ADDRESS SUCH
   19  ISSUES.
   20    S 2. This act shall take effect immediately.