S02376 Summary:

BILL NOS02376
 
SAME ASSAME AS A09094
 
SPONSORPADAVAN
 
COSPNSR
 
MLTSPNSR
 
Amd S2346, add S2346-b, Ins L
 
Provides for the establishment of residential home safety and loss prevention courses certified by the superintendent of insurance; requires insurers to provide actuarially appropriate discounts on fire and homeowners insurance premiums to those homeowners who have completed a residential home safety and loss prevention course; directs the superintendent of insurance to promulgate such rules and regulations as are necessary to implement such program and specifies certain matters which must be included in such rules and regulations; requires the superintendent of insurance to issue a report thereon.
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S02376 Actions:

BILL NOS02376
 
02/19/2009REFERRED TO INSURANCE
01/06/2010REFERRED TO INSURANCE
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S02376 Floor Votes:

There are no votes for this bill in this legislative session.
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S02376 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2376
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                    February 19, 2009
                                       ___________
 
        Introduced  by  Sen. PADAVAN -- 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 establishing  residen-
          tial  home  safety  and  loss  prevention courses and providing for an
          associated reduction in certain insurance premiums and  providing  for

          the repeal of such provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 2346 of the insurance law is amended  by  adding  a
     2  new subsection 5 to read as follows:
     3    5.  The  superintendent  shall  provide for an actuarially appropriate
     4  reduction in the rates of fire insurance premiums or  homeowners  insur-
     5  ance  premiums  applicable  to residential real property for any insured
     6  for a three year period after successfully completing a residential home
     7  safety and loss prevention course  certified  pursuant  to  section  two
     8  thousand three hundred forty-six-b of this article.
     9    §  2.  The  insurance law is amended by adding a new section 2346-b to
    10  read as follows:

    11    § 2346-b. Certification of residential home safety and loss prevention
    12  courses. (a) The department, in consultation with  the  office  of  fire
    13  prevention  and  control  of  the department of state and any additional
    14  state entity it deems appropriate, shall certify  all  residential  home
    15  safety  and loss prevention courses that are authorized to offer classes
    16  through which the insured shall be  eligible  to  receive  an  insurance
    17  premium  reduction  pursuant  to subsection five of section two thousand
    18  three hundred forty-six of this article.
    19    (b) For the purposes of this section:
    20    (1) "residential home safety and loss prevention course"  or  "course"
    21  shall  mean an instructional program that presents information and meth-

    22  ods that can help  an  insured  to  significantly  prevent  or  minimize
    23  personal  injuries  and property losses in residential real property due
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09423-01-9

        S. 2376                             2
 
     1  to the occurrence  of  fire,  theft,  burglary,  accidents  and  weather
     2  related  events, including, but not limited to, how to mitigate property
     3  damage from hurricanes, ice storms, tornadoes and other  natural  disas-
     4  ters; and
     5    (2)  "course  sponsor" shall mean any individual, company or organiza-

     6  tion that has developed or owns  a  residential  home  safety  and  loss
     7  prevention  course  and all agents of such sponsor including independent
     8  contractors that conduct classes for such sponsor and class instructors.
     9    (c) The department shall promulgate such rules and regulations as  are
    10  necessary to implement the provisions of this section. Such rules shall,
    11  at a minimum, provide for:
    12    (1)  course  sponsor  application  procedures  that an applicant shall
    13  follow to obtain course certification approval;
    14    (2) curriculum standards that  the  course  sponsors  and  instructors
    15  shall utilize, based upon submissions from any course sponsor as defined
    16  in  paragraph  two of subsection (b) of this section, including teaching

    17  methods and time requirements which shall be in excess of three hours;
    18    (3) standards, based upon  submissions  from  any  course  sponsor  as
    19  defined  in paragraph two of subsection (b) of this section, that course
    20  sponsors shall satisfy to ensure that class instructors  are  adequately
    21  trained;
    22    (4) a demonstration by the course sponsor that successfully completing
    23  such course will significantly reduce fire, theft, liability and weather
    24  related losses in the residence;
    25    (5)  standards,  based  upon  submissions  from  any course sponsor as
    26  defined in paragraph two of subsection (b) of this  section,  to  ensure
    27  that  individuals  that  complete such course shall receive certificates

    28  that can be submitted to an insurer to demonstrate successful completion
    29  of the class. Such certificates of completion shall be tamper proof  and
    30  designed so that they can not be fraudulently reproduced or forged by an
    31  unauthorized issuer; and
    32    (6)  procedures  for  on-going surveillance of course presentation and
    33  administration to ensure that the insurance  premium  reduction  awarded
    34  is,  and  continues  to  be,  proportionally  related to the actuarially
    35  calculable decrease in losses attributable to the course.
    36    (d) The department is authorized to suspend or revoke the  certificate
    37  of approval of any course sponsor if the department determines that such
    38  sponsor  has  violated  the  provisions of this section or has misrepre-

    39  sented information on the initial application  or  in  periodic  reports
    40  submitted to the department.
    41    (e)  The  department  may  increase  or decrease the insurance premium
    42  discount awarded to such course if it is found that such discount is not
    43  actuarially appropriate.
    44    § 3. Not less than 180 days before the expiration of the provision  of
    45  this  act,  the  superintendent of insurance shall issue a report to the
    46  governor, temporary president of the senate, speaker  of  the  assembly,
    47  and the chairs of the committees on insurance of the senate and assembly
    48  stating his or her findings on the effect of residential home safety and
    49  loss prevention courses in reducing homeowners insurance claims.
    50    § 4. This act shall take effect on the one hundred eightieth day after

    51  it  shall  have  become  a law and shall expire and be deemed repealed 3
    52  years after such effective date; provided, however, any rules  or  regu-
    53  lations  necessary  for  the  timely implementation of the provisions of
    54  this act shall be promulgated on or before such date.
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