S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7830
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2019
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- 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 CAN ASSIST IN SUCH RESPONSE AND WHETHER
 POLICYHOLDERS 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,  SIX  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:
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06900-01-9

 A. 7830                             2
 
   (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, SHALL
 SERVE AS THE CHAIR 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 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;
   (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  ACCESS  TO  INSURANCE
 COVERAGE  AND  IF  NOT, IDENTIFYING WHAT BARRIERS EXIST THAT MAY PREVENT
 PEOPLE FROM PURCHASING ADEQUATE COVERAGE;

 A. 7830                             3
 
   (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.