S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4535--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M. of A. COOK, HYNDMAN, VANEL, WALKER, JACKSON, DICKENS,
   ANDERSON -- read once and referred to the Committee  on  Insurance  --
   recommitted  to the Committee on Insurance in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the insurance law, in relation to commuter van and ambu-
   lette or paratransit vehicles classification review
 
   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 346 to
 read as follows:
   § 346. COMMUTER VAN AND AMBULETTE OR PARATRANSIT VEHICLES  CLASSIFICA-
 TION REVIEW. (A) FOR THE PURPOSES OF THIS SECTION:
   (1) "COMMUTER VAN" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 IN  SECTION  19-502  OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
 (2) "AMBULETTE OR PARATRANSIT  VEHICLE"  SHALL  MEAN  A  SPECIAL-PURPOSE
 VEHICLE,  DESIGNED AND EQUIPPED TO PROVIDE NON-EMERGENCY TRANSPORT, THAT
 HAS WHEELCHAIR-CARRYING CAPACITY, STRETCHER-CARRYING  CAPACITY,  OR  THE
 ABILITY TO CARRY DISABLED INDIVIDUALS.
   (3)  "ASSIGNED  RISK  PLAN"  OR "PLAN" SHALL MEAN THE PLAN ESTABLISHED
 PURSUANT TO ARTICLE FIFTY-THREE OF THIS CHAPTER.
   (B) THE SUPERINTENDENT SHALL CONDUCT A REVIEW  OF  THE  CLASSIFICATION
 USED  BY AUTHORIZED INSURERS IN THIS STATE ISSUING AUTO INSURANCE COVER-
 AGE FOR COMMUTER VANS AND AMBULETTE OR PARATRANSIT  VEHICLES,  INCLUDING
 COVERAGE  IN  THE ASSIGNED RISK PLAN. THIS REVIEW SHALL INCLUDE DETERMI-
 NATIONS OF WHETHER COMMUTER VANS AND AMBULETTE OR  PARATRANSIT  VEHICLES
 ARE PROPERLY CLASSIFIED, INCLUDING A REVIEW OF:
   (1)  WHETHER THE ASSUMED RISKS USED IN THE CALCULATION OF PREMIUMS FOR
 COMMUTER VANS AND AMBULETTE OR PARATRANSIT VEHICLES BY AUTHORIZED INSUR-
 ERS ARE APPROPRIATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07811-03-2
 A. 4535--A                          2
              

 
   (2) WHETHER THE CURRENT CLASSIFICATION AND RISK ASSESSMENT OF COMMUTER
 VANS AND AMBULETTE OR PARATRANSIT VEHICLES BY AUTHORIZED INSURERS IS THE
 MOST COST EFFECTIVE CLASSIFICATION BASED ON THE ASSUMED RISKS, IF ANOTH-
 ER CLASSIFICATION COULD BE MORE COST EFFECTIVE, AND A DETAILED  ANALYSIS
 OF  THE REASON OR  REASONS FOR SUCH DIFFERENCES IN COSTS AND THE AVERAGE
 AMOUNT OF DIFFERENCE IN COSTS; AND
   (3) THE COST DIFFERENTIAL BETWEEN THE PREMIUM FOR BEING CLASSIFIED  AS
 "OTHER  BUSES" BY AUTHORIZED INSURERS, AND THE PREMIUM FOR BEING CLASSI-
 FIED AS A COMMUTER VAN OR AMBULETTE OR PARATRANSIT  VEHICLE  WHERE  SUCH
 PREMIUM  IS BASED SOLELY ON THE RISKS SPECIFIC TO COMMUTER VANS OR AMBU-
 LETTE OR PARATRANSIT VEHICLES IN SUCH PLAN.
   (C) IF, AFTER REVIEW, THE  PREMIUM  FOR  BEING  CLASSIFIED  AS  "OTHER
 BUSES"  IS  GREATER  THAN THE PREMIUM FOR BEING CLASSIFIED AS A COMMUTER
 VAN OR AMBULETTE OR PARATRANSIT VEHICLE, THE SUPERINTENDENT SHALL MAKE A
 DETERMINATION OF WHETHER A NEW CLASSIFICATION FOR COMMUTER VANS OR AMBU-
 LETTE OR PARATRANSIT VEHICLES  SHOULD  BE  CREATED  AND,  IF  SO,  SHALL
 REQUIRE  AUTHORIZED  INSURERS  ISSUING  AUTO  INSURANCE POLICIES IN THIS
 STATE, INCLUDING POLICIES ISSUED THROUGH THE ASSIGNED RISK PLAN, TO  USE
 SUCH CLASSIFICATION FOR COMMUTER VANS AND AMBULETTE OR PARATRANSIT VEHI-
 CLES AT THE INCEPTION OF ALL NEW POLICIES AND, WITH RESPECT TO ALL OTHER
 POLICIES, UPON RENEWAL.
   (D) THE SUPERINTENDENT SHALL CONDUCT AND COMPLETE THIS REVIEW AND MAKE
 ALL  REQUIRED DETERMINATIONS WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE
 OF THIS SECTION. THE SUPERINTENDENT SHALL ALSO PROVIDE A REPORT  TO  THE
 GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, THE CHAIR OF THE ASSEMBLY INSURANCE COMMITTEE AND THE CHAIR OF
 THE SENATE INSURANCE COMMITTEE, OF THE DEPARTMENT'S FINDINGS AND  DETER-
 MINATIONS WITHIN SIXTY DAYS AFTER COMPLETING SUCH REVIEW.
   § 2. This act shall take effect immediately.