NY State Senate Bill 2021-S3384

Senate Bill S3384

2021-2022 Legislative Session

Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of financial services

download bill text pdf

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to insurance
Jan 29, 2021	referred to insurance

2021-S3384 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Add §346, Ins L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7531
2011-2012: S3271
2013-2014: S3327
2015-2016: S2195
2017-2018: S5177
2019-2020: S2556
2023-2024: S1508

2021-S3384 (ACTIVE) - Summary

Requires all motor vehicle insurers to file annual detailed financial and claim data statements with the superintendent of financial services; provides that all such statements shall be made available to the public.

2021-S3384 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3384

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the insurance law, in relation to requiring all motor
vehicle insurers to file annual financial statements and detailed claim
data with the superintendent of financial services

 
PURPOSE OF BILL:

The bill expands upon current insurance reporting laws by providing for
more detailed reporting requirements of automobile insurers' "financial
statements" and "closed claims" data. This enhanced data collection will
provide lawmakers with a source of reliable and accessible data that
will better enable them to evaluate automobile insurance and assist in
providing an optimal product to New York citizens.

 
SUMMARY OF PROVISIONS OF BILL:

The proposed language provides for a publicly accessible and neutral

'method for the systematic collection of automobile insurers' financial
and closed claims data. The supplemental financial disclosure require-
ments stipulate that insurers must provide detailed information concern-
ing all sources of "income" including, but not limited to, data on
premiums received, investment income, and profit from the sale of
assets. Detailed information regarding expenses must also be provided,
including, expenses actually incurred and paid, normal business
expenses, salaries, commissions, consulting fees, legal expenses, and
advertising costs. A synopsis of the total claims or settlements paid in
each financial statement and specific data on claims that have been
settled with or without a payment (closed claims) must also be provided.

Additionally, all submitted data must be signed by the insurer's chief
executive officer, attesting its' accuracy. Civil penalties will be
assessed against. companies that fail to comply with any of the
provisions of the bill. The proposal also indicates that the insurance
department must make all information publicly available to consumers on
the department's web site.

 
JUSTIFICATION:

Automobile insurance is a vital part of the New York State economy and
is of high importance to the citizens of New York. Personal automobile
insurance premiums in 2008 were $9.8 billion. Commercial automobile
insurance premiums in 2008 were $2.0 billion. Automobile liability
insurance protects against the possible adverse financial consequences
of being held liable for damage to another person or another's property.
Personal injury protection provides first party medical benefits when an
injury arises from an automobile accident, as well as, providing other
financial benefits such as partial wage loss reimbursement. Physical
damage insurance covers damage to the policyholder's own vehicle; which
is often one the largest financial assets of a person; as being vital to
other aspects of a person's life such as transportation to and from
work. A failure to have fairly priced automobile insurance with adequate
benefits from solvent insurance companies could have dire consequences
for New York.


Given the significance of automobile insurance to New York State and its
citizens, the State has a compelling public interest in ensuring that
the parties with a stake in the transactions; policyholders, insurance
companies and the general public; are all treated fairly.  It is also
important to ensure that the benefits to citizens are adequate, that
insurance companies have the opportunity to earn a fair profit, that
insurance companies will be able to make good on the promises contained
in insurance policies, and that insurance companies operate in a fair
efficient manner. In order for lawmakers to be able to carefully evalu-
ate various alternatives for achieving these objectives, it is vital
that information about automobile insurance be available.

There are many entities that give the insurance industry's perspective
on automobile insurance. These entities include Insurance Services
Office (ISO), the Insurance Research Council (IRC) and the Insurance
Information Institute (III). ISO submits filings on behalf of insurance
. companies to the Department of Insurance. The IRC is funded and oper-
ated by a consortium of insurance companies which publishes "studies"
which merit careful analysis. A recent IRC publication regarding automo-
bile injury claims(l) stated "Shifts in treatment alternatives and
increased costs have led to the continued escalation of medical care
expenses," "Total claimed losses and total claim payments have grown
faster than inflation, spurred by increases in medical expenses" and
"Attorney involvement is associated with extensive medical treatment,
elevated claimed losses, and lower net compensation for claimants."

The III acts as an advocate for the insurance industry. A recent docu-
ment by the III(2) claims that the New York No-Fault system is in
"crisis" and "out of control." The III then suggests insurance industry
"solutions" to these alleged "problems." However, it is impossible to
discern the veracity or accuracy of the contentions of the IRC or the
III absent analysis of their underlying data. All of these insurance
industry organizations have access to detailed financial and claim data
that insurance companies do not make available to the public.

As things currently stand, no independent and neutral mechanism exists
to determine the root cause of declared insurance "crises" and policy
cancellations. And, because the insurers typically refuse requests,to
produce more detailed data, lawmakers and consumers have to rely on the
industry's reports to make policy decisions.

Clearly, independent, objective and accurate data is needed so lawmakers
and the public can conduct sound analyses in reaching a public policy
decision that impacts millions of New York citizens. For example, more
detailed claim data would help in evaluating the insurance industry
claims that the no-fault system. is out of control and that benefits to
consumers need to be restricted. In the absence of this basic data, it
is impossible for lawmakers and consumers to engage in rational deci-
sion-making about insurance industry proposals that would severely limit
consumer rights.

In order to level the playing field, and have a vibrant public
discussion and analysis of the issues involving automobile insurance, it
is critically important that all parties involved in the discussion of
automobile insurance have access to comprehensive information. This bill
takes a step in that direction by starting to make publicly available
certain information that insurance companies have resisted disclosing.
This bill will provide for the vigilant financial examination of insurer
activities and allows consumers to monitor insurance industry for fair
treatment.

 
LEGISLATIVE HISTORY:

2015-16:S.2195- Referred to Insurance
2017-18:S.5177- Referred to Insurance
2019-20:S.2556- Referred to Insurance

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.
 
FOOTNOTES:
(1) Insurance Research Council, Auto Injury Insurance Claims:  Country-
wide Patterns in Treatment Cost, and Compensation, 2008 Edition, January
2008, at 4 - 5. This report states that detailed data on more than 1,500
New York automobile claims was collected, but the IRC has not made that
information public so that other entities could perform their own analy-
sis
(2) Insurance Information Institute, New York PIP Insurance Update, Is
New York's No-Fault Crisis Returning?, November 5, 2009.

2021-S3384 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3384
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  requiring  all  motor
   vehicle  insurers  to  file  annual  financial statements and detailed
   claim data with the superintendent of financial services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares that insurance companies issuing motor vehicle policies in this
 state owe a duty to those they insure and to those who may in the future
 be insured by them, to fully disclose in a public and transparent manner
 all elements relating to their financial condition  and  solvency.  Such
 obligation  is  essential  in maintaining the public's inherent right to
 know the details and specifics of such  insurer's  expenses  and  claims
 history on a global basis so, as consumers, they can make a reasoned and
 rational selection of the insurer with which they intend to do business.
 As  premiums  escalate,  it  is more incumbent on such insurers to honor
 this obligation by making the public aware of the rationale they use  in
 determining  the premiums they charge, and it is the sense of the legis-
 lature that where the data used is available, it should be disclosed  in
 an open and public manner.
   §  2. The insurance law is amended by adding a new section 346 to read
 as follows:
   § 346. FINANCIAL STATEMENT AND DETAILED CLAIM DATA TO  BE  FILED  WITH
 THE  DEPARTMENT.    (A) FOR PURPOSES OF THIS SECTION, THE TERM "INSURER"
 SHALL MEAN ANY PERSON, CORPORATION, ASSOCIATION OR OTHER BUSINESS ENTITY
 AUTHORIZED TO ISSUE A MOTOR VEHICLE INSURANCE POLICY IN THIS STATE.
   (B) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
 THE SUPERINTENDENT WITH A DETAILED FINANCIAL STATEMENT TO SUPPLEMENT AND
 EXPAND UPON THE INFORMATION CONTAINED IN THE STATUTORY ANNUAL  STATEMENT
 FOR  THE  MOST RECENTLY CONCLUDED CALENDAR YEAR. THE FINANCIAL STATEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07103-01-1

 S. 3384                             2
 
 SHALL CONTAIN INFORMATION ON A COMBINED BASIS FOR ALL LINES OF INSURANCE
 AS WELL AS INFORMATION SEPARATELY FOR EACH OF  THE  FOLLOWING  LINES  OF
 INSURANCE: (1) PRIVATE PASSENGER AUTOMOBILE OTHER LIABILITY, (2) PRIVATE
 PASSENGER  AUTOMOBILE  PERSONAL INJURY PROTECTION, (3) PRIVATE PASSENGER
 AUTOMOBILE PHYSICAL DAMAGE, (4) COMMERCIAL AUTOMOBILE  OTHER  LIABILITY,
 (5) COMMERCIAL AUTOMOBILE PERSONAL INJURY PROTECTION, AND (6) COMMERCIAL
 AUTOMOBILE  PHYSICAL DAMAGE.  THAT FINANCIAL STATEMENT SHALL INCLUDE THE
 ENTIRETY  OF  ITS  BUSINESS  ACTIVITIES  CONDUCTED  IN  THIS  STATE,  OR
 CONDUCTED  OUTSIDE  THIS STATE, BUT HAVING A NEXUS TO INSURANCE POLICIES
 OR CONTRACTS OF INSURANCE INSURING  PERSONS  OR  RISKS  IN  THIS  STATE,
 CONSISTENT  WITH THE PROCEDURES FOR DETERMINING NEW YORK STATE INSURANCE
 BUSINESS FOR STATUTORY ANNUAL STATEMENT REPORTING PURPOSES. SUCH  STATE-
 MENT SHALL BE IN A FORM DETERMINED BY THE SUPERINTENDENT. THE FORM SHALL
 BE  SUFFICIENTLY  ITEMIZED  IN  A  MANNER THAT ALLOWS FOR AN ACTUARIALLY
 SOUND ANALYSIS OF THE INCOME REALIZED BY THE INSURER  FROM  ALL  SOURCES
 DURING  SUCH  YEAR,  INCLUDING  BUT  NOT LIMITED TO PREMIUMS, INVESTMENT
 INCOME, PROFIT FROM SALE OF ASSETS AND ANY OTHER CATEGORY OR  CATEGORIES
 OF  INCOME  AS  DETERMINED  BY  THE  SUPERINTENDENT  TO REFLECT THE FULL
 DISCLOSURE REQUIREMENTS OF THIS SECTION. AT A MINIMUM, SUCH  INFORMATION
 SHALL CONSIST OF THE ITEMS SET FORTH IN THE STATEMENT OF INCOME, EXCLUD-
 ING  THE  CAPITAL  AND  SURPLUS ACCOUNT SECTION OF THE PROPERTY/CASUALTY
 STATUTORY ANNUAL STATEMENT, AS APPLICABLE  TO  THE  INSURER'S  NEW  YORK
 STATE  BUSINESS,  AS  WELL  AS  THE OTHER INFORMATION DELINEATED IN THIS
 SUBSECTION. SUCH FINANCIAL STATEMENT SHALL ALSO CONTAIN A  COMPREHENSIVE
 AND  DETAILED DISCLOSURE OF THE INSURER'S EXPENSES ACTUALLY INCURRED AND
 PAID DURING SUCH CALENDAR YEAR, TO  INCLUDE  NORMAL  BUSINESS  EXPENSES,
 SALARIES,  COMMISSIONS,  CONSULTING  FEES,  LEGAL  EXPENSES, ADVERTISING
 COSTS AND ANY OTHER CATEGORY DEEMED PERTINENT  TO  THE  INTENT  OF  THIS
 SECTION. AT A MINIMUM, THE EXPENSE INFORMATION REQUIRED SHALL CONSIST OF
 THE  ITEMS SET FORTH IN THE UNDERWRITING AND INVESTMENT EXHIBIT - PART 3
 - EXPENSES OF THE PROPERTY / CASUALTY  STATUTORY  ANNUAL  STATEMENT,  AS
 APPLICABLE  TO  THE  INSURER'S  NEW YORK STATE BUSINESS. WITH RESPECT TO
 SALARIES (INCLUDING ALL OTHER FORMS OF COMPENSATION), EACH INSURER SHALL
 ITEMIZE THE SALARY OF THE TWENTY MOST HIGHLY  COMPENSATED  EMPLOYEES  OF
 SUCH  INSURER DURING SUCH YEAR, PROVIDED THAT THE NAME OF SUCH EMPLOYEES
 NEED NOT BE DISCLOSED. SUCH FINANCIAL STATEMENT SHALL ALSO  PROVIDE  THE
 PUBLIC  WITH  A  SYNOPSIS OF CLAIMS OR SETTLEMENTS PAID PURSUANT TO SUCH
 POLICIES OR CONTRACTS, LISTING THE TOTAL OF SUCH CLAIMS AND  SETTLEMENTS
 BY TYPE OF INSURANCE OR THE RISK INSURED. AT A MINIMUM, THE CLAIM INFOR-
 MATION  REQUIRED  SHALL CONSIST OF THE ITEMS SET FORTH IN THE EXHIBIT OF
 PREMIUMS AND LOSSES OF THE PROPERTY / CASUALTY STATUTORY  ANNUAL  STATE-
 MENT, AS APPLICABLE TO THE INSURER'S NEW YORK STATE BUSINESS AND IDENTI-
 FIED  AND  CATEGORIZED SEPARATELY FOR EACH ZIP CODE IN THIS STATE.  SUCH
 FINANCIAL STATEMENT SHALL BE SIGNED AND ATTESTED AS FULL,  COMPLETE  AND
 ACCURATE  BY  THE  CHIEF EXECUTIVE OFFICER OF THE INSURER, AND HE OR SHE
 SHALL BE HELD PERSONALLY RESPONSIBLE WITH RESPECT TO THE ACCURACY OF THE
 CONTENT OF SUCH STATEMENT. THE  SUPERINTENDENT  SHALL  PROVIDE  INSURERS
 WITH  A  METHOD  TO SUBMIT THEIR FINANCIAL STATEMENTS ELECTRONICALLY VIA
 THE INTERNET, WHICH METHOD SHALL INCLUDE INSTRUCTIONS  RELATING  TO  THE
 USE  OF AN ELECTRONIC SIGNATURE WHICH SHALL BE SUBJECT TO, AND SUBMITTED
 IN ACCORDANCE WITH  SECTION  THREE  HUNDRED  SIXTEEN  OF  THIS  ARTICLE;
 PROVIDED,  HOWEVER,  THAT NO EXCEPTION AUTHORIZED IN SUCH SECTION MAY BE
 REQUESTED OR GRANTED.
   (C) ON OR BEFORE APRIL FIRST OF EACH YEAR, EVERY INSURER SHALL PROVIDE
 THE SUPERINTENDENT WITH DETAILED CLOSED CLAIM INFORMATION FOR  THE  SAME
 LINES  OF  INSURANCE  PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION FOR

 S. 3384                             3
 
 THE MOST RECENTLY CONCLUDED  CALENDAR  YEAR.  UNTIL  THE  SUPERINTENDENT
 PROMULGATES  DATA  COLLECTION FORMS AND PROCEDURES FOR PRIVATE PASSENGER
 AUTOMOBILE INSURANCE, DATA SHALL BE COLLECTED USING, AT A  MINIMUM,  THE
 MOST  RECENT  PUBLICLY  AVAILABLE  FORMS  USED BY THE INSURANCE RESEARCH
 COUNCIL FOR ITS AUTO INJURY SURVEY. THE SUPERINTENDENT MAY REQUIRE ADDI-
 TIONAL INFORMATION BEYOND THAT WHICH IS CONTAINED IN SUCH SURVEY  IF  HE
 OR SHE DEEMS IT NECESSARY AND WARRANTED.  INSTEAD OF COLLECTING INFORMA-
 TION  FOR ALL PRIVATE PASSENGER AUTOMOBILE CLAIMS THE SUPERINTENDENT MAY
 COLLECT DATA FOR A STATISTICALLY VALID SAMPLE  OF  CLAIMS.  THE  MINIMUM
 SAMPLE  SIZE SHALL REPRESENT FIVE PER CENTUM OF THE NUMBER OF CLAIMS FOR
 EACH YEAR. UNTIL THE SUPERINTENDENT PROMULGATES  DATA  COLLECTION  FORMS
 AND  PROCEDURES  FOR  COMMERCIAL  AUTOMOBILE  INSURANCE,  DATA  SHALL BE
 COLLECTED USING INFORMATION  WHICH  MAY  BE  AVAILABLE  FROM  ANY  OTHER
 SOURCE. FOR COMMERCIAL AUTOMOBILE CLAIMS, INSTEAD OF COLLECTING INFORMA-
 TION  FOR  ALL  CLAIMS THE SUPERINTENDENT MAY COLLECT DATA FOR A STATIS-
 TICALLY VALID SAMPLE OF CLAIMS. THE MINIMUM SAMPLE SIZE SHALL  REPRESENT
 TEN  PER  CENTUM  OF THE NUMBER OF CLAIMS FOR EACH YEAR FOR SUCH LINE OF
 INSURANCE. SUCH DETAILED CLAIM DATA SHALL  BE  SIGNED  AND  ATTESTED  AS
 FULL, COMPLETE AND ACCURATE BY THE CHIEF EXECUTIVE OFFICER OF THE INSUR-
 ER,  AND  HE OR SHE SHALL BE HELD PERSONALLY RESPONSIBLE WITH RESPECT TO
 THE ACCURACY OF THE DATA. THE DETAILED CLAIM DATA SHALL BE SUBMITTED  IN
 THE SAME MANNER AS PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION.
   (D)  THE SUPERINTENDENT SHALL, IN BOTH WRITTEN FORM AND AS PART OF THE
 DEPARTMENT WEB SITE, MAKE SUCH FINANCIAL STATEMENTS AND  DETAILED  CLAIM
 INFORMATION  AVAILABLE  TO  THE  PUBLIC.  THE DETAILED CLAIM INFORMATION
 SHALL BE PROVIDED IN AGGREGATE FORM FOR ALL  INSURERS  COMBINED  WITHOUT
 ANY  IDENTIFICATION  OF  A SPECIFIC CLAIM TO A SPECIFIC INSURER. NONE OF
 THE PUBLICLY AVAILABLE DETAILED CLAIM  INFORMATION  SHALL  IDENTIFY  THE
 INDIVIDUAL  INSURER,  DEFENDANT  OR PLAINTIFF ASSOCIATED WITH THE CLAIM.
 SUCH FINANCIAL STATEMENTS AND DETAILED CLAIM INFORMATION SHALL BE DEEMED
 A PUBLIC DOCUMENT AND NO PERSON SHALL BE REQUIRED TO FILE A REQUEST  FOR
 SUCH FINANCIAL STATEMENTS PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
 LAW  IN ORDER TO RECEIVE A COPY THEREOF, BUT UPON REQUEST AND PAYMENT OF
 THE FEE FOR COPYING SUCH DOCUMENT, IT SHALL BE PROVIDED. WITH RESPECT TO
 THE ELECTRONIC COPY OF SUCH  FINANCIAL  STATEMENTS  AND  DETAILED  CLAIM
 INFORMATION, WHICH SHALL BE ACCESSIBLE ON THE DEPARTMENT'S WEB SITE, THE
 DEPARTMENT  SHALL  HIGHLIGHT THE AVAILABILITY OF SUCH INFORMATION TO THE
 PUBLIC ON SUCH WEB SITE, AND THE LINK TO EACH INSURER'S FINANCIAL STATE-
 MENT AND THE AGGREGATED DETAILED CLAIM INFORMATION SHALL  BE  ACCESSIBLE
 IN A SIMPLE AND EASY MANNER. BOTH THE FINANCIAL STATEMENT AND AGGREGATED
 DETAILED CLAIM INFORMATION ON THE DEPARTMENT WEB SITE SHALL BE AVAILABLE
 IN  EXCEL  FORMAT,  IN  ADDITION  TO ANY OTHER FORMAT THE SUPERINTENDENT
 DETERMINES IS APPROPRIATE.
   (E) ON OR BEFORE JULY FIRST OF EACH  YEAR,  THE  SUPERINTENDENT  SHALL
 ISSUE  REPORTS SUMMARIZING AND EXPLAINING THE INFORMATION COLLECTED FROM
 THE FINANCIAL STATEMENTS AND THE DETAILED CLAIM INFORMATION.  COPIES  OF
 SUCH  REPORTS  SHALL  BE  FORWARDED  TO  THE  TEMPORARY PRESIDENT OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF  BOTH  THE  SENATE
 AND  ASSEMBLY  INSURANCE  COMMITTEES. SUCH REPORTS SHALL BE PUBLIC DOCU-
 MENTS AND SHALL BE ACCESSIBLE BOTH IN PAPER COPY AND ON THE DEPARTMENT'S
 WEB SITE.
   (F) WHERE AN INSURER FAILS OR REFUSES TO  PROVIDE  THE  SUPERINTENDENT
 WITH  A  FULL  AND  COMPLETE DISCLOSURE AS REQUIRED BY THIS SECTION, THE
 SUPERINTENDENT SHALL TAKE SUCH ACTION HE OR SHE DEEMS NECESSARY TO BRING
 THE INSURER INTO FULL COMPLIANCE.  SUCH ACTION MAY INCLUDE IMPOSITION OF
 A CIVIL PENALTY OF UP TO FIFTY THOUSAND  DOLLARS  ASSESSED  AGAINST  THE

 S. 3384                             4
 
 INSURER  FOR  EACH VIOLATION, TEMPORARY SUSPENSION OF ANY RIGHT TO ISSUE
 ADDITIONAL POLICIES OR CONTRACTS UNTIL THE INSURER  BRINGS  ITSELF  INTO
 FULL  COMPLIANCE, AN AUDIT OF THE INSURER'S RECORDS BY THE DEPARTMENT OR
 ITS  DESIGNATED REPRESENTATIVE TO OBTAIN THE INFORMATION AND WHICH AUDIT
 SHALL BE PAID FOR BY THE INSURER, OR ANY OTHER CIVIL REMEDY  THE  SUPER-
 INTENDENT   DEEMS  WARRANTED  OR  NECESSARY  UNTIL  SUCH  INSURER  FULLY
 COMPLIES. IN ADDITION THE OFFICER WHOSE SIGNATURE  IS  AFFIXED  TO  SUCH
 STATEMENT MAY BE PERSONALLY PENALIZED TO THE SAME EXTENT.
   (G) THE SUPERINTENDENT MAY PROMULGATE SUCH RULES AND REGULATIONS HE OR
 SHE  DEEMS  NECESSARY FOR THE PROPER ADMINISTRATION OF THE PROVISIONS OF
 THIS SECTION, AND SUCH RULES AND REGULATIONS MAY BE  PROMULGATED  ON  AN
 EMERGENCY  BASIS IF THE SUPERINTENDENT WARRANTS SUCH ACTION TO BE NECES-
 SARY.
   § 3. Severability. If any item, clause, sentence, subparagraph, subdi-
 vision or other part of this act, or  the  application  thereof  to  any
 person  or circumstances shall be held to be invalid, such holding shall
 not affect, impair or invalidate the remainder of this act but it  shall
 be  confined  in  its  operation to the item, clause, sentence, subpara-
 graph, subdivision or other part of this act directly involved  in  such
 holding, or to the person and circumstances therein involved.
   § 4. This act shall take effect immediately.

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