S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4155--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced by Sens. COMRIE, JACKSON, LIU, MYRIE, PARKER, SANDERS -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Insurance -- recommitted to the Committee on Insurance in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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.
                                                            LBD07811-02-2
              

 S. 4155--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.