senate Bill S4403A

2011-2012 Legislative Session

Provides for actuarially appropriate discounts on fire and homeowners insurance after completion of certified residential home safety and loss prevention course

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to insurance
Jun 13, 2011 print number 4403a
amend and recommit to insurance
Apr 04, 2011 referred to insurance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4403 - Bill Details

See Assembly Version of this Bill:
A1237A
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §2346, add §2346-b, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S2376, A9094

S4403 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4403

TITLE OF BILL:
An act
to amend the insurance law, in relation to establishing residential 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

PURPOSE:
To permit the superintendent of insurance to provide an
actuarially appropriate reduction in insurance premiums to those
individuals that take a certified Home Safety and Loss Prevention
Course.

SUMMARY OF PROVISIONS:
Section 1: Amends section 2346 of the Insurance
Law by adding subsection (5) to provide that an appropriate premium
discount be given by insurers to fire and homeowners insurance policy
holders for a three year period after successfully completing a
course in home safety and accident prevention. The discount shall be
based on sound actuarial practices. Such courses shall be certified
by the Insurance Department pursuant to Insurance Law, section
2346-1.

Section 2: A new section 2346-b of the Insurance Law is added to
establish standards that residential home safety and loss prevention
courses must satisfy to be certified. Only certified courses may
conduct classes that will enable students to receive the premium
discount. The Insurance Department shall consult with the Office of
Fire Prevention and Control of the Department of State before
certifying such courses.

Section 3: Not less than 180 days before the expiration of this
section the superintendent of insurance shall issue a report to the
Governor, temporary president of the senate, speaker of the assembly,
and the chairs of the committees on insurance of both the senate and
assembly, stating his or her findings on the effect of this course.

Section 4: Effective Date

JUSTIFICATION:
Currently, when policy holders take a home safety and
accident prevention course there is no discount at all for the holder
concerning their homeowners or fire insurance policy. This
legislation will allow for an actuarially appropriate reduction to be
awarded to the policy holder. This legislation will encourage policy
holders to take a course on home safety and loss prevention, thus
reducing property and personal injury loss and consequently reducing
the cost of claims paid by insurance companies. This in turn will
permit insurers to lower rates for those who take these classes.

PRIOR LEGISLATIVE HISTORY:
S.2376


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect 180 days after it shall
have become a law and shall be deemed repealed three years after such
date; provided however, any rules or regulations necessary for the
timely implementation of the provisions of this act shall be
promulgated on or before such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4403

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced by Sens. O'MARA, DeFRANCISCO, MAZIARZ, RANZENHOFER, ZELDIN --
  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:

  Section 1. Section 2346 of the insurance law is amended  by  adding  a
new subsection 5 to read as follows:
  5.  THE  SUPERINTENDENT  SHALL  PROVIDE FOR AN ACTUARIALLY APPROPRIATE
REDUCTION IN THE RATES OF FIRE INSURANCE PREMIUMS OR  HOMEOWNERS  INSUR-
ANCE  PREMIUMS  APPLICABLE  TO RESIDENTIAL REAL PROPERTY FOR ANY INSURED
FOR A THREE YEAR PERIOD AFTER SUCCESSFULLY COMPLETING A RESIDENTIAL HOME
SAFETY AND LOSS PREVENTION COURSE  CERTIFIED  PURSUANT  TO  SECTION  TWO
THOUSAND THREE HUNDRED FORTY-SIX-B OF THIS ARTICLE.
  S  2.  The  insurance law is amended by adding a new section 2346-b to
read as follows:
  S 2346-B. CERTIFICATION OF RESIDENTIAL HOME SAFETY AND LOSS PREVENTION
COURSES. (A) THE DEPARTMENT, IN CONSULTATION WITH  THE  OFFICE  OF  FIRE
PREVENTION  AND  CONTROL  OF  THE DEPARTMENT OF STATE AND ANY ADDITIONAL
STATE ENTITY IT DEEMS APPROPRIATE, SHALL CERTIFY  ALL  RESIDENTIAL  HOME
SAFETY  AND LOSS PREVENTION COURSES THAT ARE AUTHORIZED TO OFFER CLASSES
THROUGH WHICH THE INSURED SHALL BE  ELIGIBLE  TO  RECEIVE  AN  INSURANCE
PREMIUM  REDUCTION  PURSUANT  TO SUBSECTION FIVE OF SECTION TWO THOUSAND
THREE HUNDRED FORTY-SIX OF THIS ARTICLE.
  (B) FOR THE PURPOSES OF THIS SECTION:
  (1) "RESIDENTIAL HOME SAFETY AND LOSS PREVENTION COURSE"  OR  "COURSE"
SHALL  MEAN AN INSTRUCTIONAL PROGRAM THAT PRESENTS INFORMATION AND METH-
ODS THAT CAN HELP  AN  INSURED  TO  SIGNIFICANTLY  PREVENT  OR  MINIMIZE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05010-01-1

S. 4403                             2

PERSONAL  INJURIES  AND PROPERTY LOSSES IN RESIDENTIAL REAL PROPERTY DUE
TO THE OCCURRENCE  OF  FIRE,  THEFT,  BURGLARY,  ACCIDENTS  AND  WEATHER
RELATED  EVENTS, INCLUDING, BUT NOT LIMITED TO, HOW TO MITIGATE PROPERTY
DAMAGE  FROM  HURRICANES, ICE STORMS, TORNADOES AND OTHER NATURAL DISAS-
TERS; AND
  (2) "COURSE SPONSOR" SHALL MEAN ANY INDIVIDUAL, COMPANY  OR  ORGANIZA-
TION  THAT  HAS  DEVELOPED  OR  OWNS  A RESIDENTIAL HOME SAFETY AND LOSS
PREVENTION COURSE AND ALL AGENTS OF SUCH SPONSOR  INCLUDING  INDEPENDENT
CONTRACTORS THAT CONDUCT CLASSES FOR SUCH SPONSOR AND CLASS INSTRUCTORS.
  (C)  THE DEPARTMENT SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH RULES SHALL,
AT A MINIMUM, PROVIDE FOR:
  (1) COURSE SPONSOR APPLICATION  PROCEDURES  THAT  AN  APPLICANT  SHALL
FOLLOW TO OBTAIN COURSE CERTIFICATION APPROVAL;
  (2)  CURRICULUM  STANDARDS  THAT  THE  COURSE SPONSORS AND INSTRUCTORS
SHALL UTILIZE, BASED UPON SUBMISSIONS FROM ANY COURSE SPONSOR AS DEFINED
IN PARAGRAPH TWO OF SUBSECTION (B) OF THIS SECTION,  INCLUDING  TEACHING
METHODS AND TIME REQUIREMENTS WHICH SHALL BE IN EXCESS OF THREE HOURS;
  (3)  STANDARDS,  BASED  UPON  SUBMISSIONS  FROM  ANY COURSE SPONSOR AS
DEFINED IN PARAGRAPH TWO OF SUBSECTION (B) OF THIS SECTION, THAT  COURSE
SPONSORS  SHALL  SATISFY TO ENSURE THAT CLASS INSTRUCTORS ARE ADEQUATELY
TRAINED;
  (4) A DEMONSTRATION BY THE COURSE SPONSOR THAT SUCCESSFULLY COMPLETING
SUCH COURSE WILL SIGNIFICANTLY REDUCE FIRE, THEFT, LIABILITY AND WEATHER
RELATED LOSSES IN THE RESIDENCE;
  (5) STANDARDS, BASED UPON  SUBMISSIONS  FROM  ANY  COURSE  SPONSOR  AS
DEFINED  IN  PARAGRAPH  TWO OF SUBSECTION (B) OF THIS SECTION, TO ENSURE
THAT INDIVIDUALS THAT COMPLETE SUCH COURSE  SHALL  RECEIVE  CERTIFICATES
THAT CAN BE SUBMITTED TO AN INSURER TO DEMONSTRATE SUCCESSFUL COMPLETION
OF  THE CLASS. SUCH CERTIFICATES OF COMPLETION SHALL BE TAMPER PROOF AND
DESIGNED SO THAT THEY CAN NOT BE FRAUDULENTLY REPRODUCED OR FORGED BY AN
UNAUTHORIZED ISSUER; AND
  (6) PROCEDURES FOR ON-GOING SURVEILLANCE OF  COURSE  PRESENTATION  AND
ADMINISTRATION  TO  ENSURE  THAT THE INSURANCE PREMIUM REDUCTION AWARDED
IS, AND CONTINUES TO  BE,  PROPORTIONALLY  RELATED  TO  THE  ACTUARIALLY
CALCULABLE DECREASE IN LOSSES ATTRIBUTABLE TO THE COURSE.
  (D)  THE DEPARTMENT IS AUTHORIZED TO SUSPEND OR REVOKE THE CERTIFICATE
OF APPROVAL OF ANY COURSE SPONSOR IF THE DEPARTMENT DETERMINES THAT SUCH
SPONSOR HAS VIOLATED THE PROVISIONS OF THIS  SECTION  OR  HAS  MISREPRE-
SENTED  INFORMATION  ON  THE  INITIAL APPLICATION OR IN PERIODIC REPORTS
SUBMITTED TO THE DEPARTMENT.
  (E) THE DEPARTMENT MAY INCREASE  OR  DECREASE  THE  INSURANCE  PREMIUM
DISCOUNT AWARDED TO SUCH COURSE IF IT IS FOUND THAT SUCH DISCOUNT IS NOT
ACTUARIALLY APPROPRIATE.
  S  3. Not less than 180 days before the expiration of the provision of
this act, the superintendent of insurance shall issue a  report  to  the
governor,  temporary  president  of the senate, speaker of the assembly,
and the chairs of the committees on insurance of the senate and assembly
stating his or her findings on the effect of residential home safety and
loss prevention courses in reducing homeowners insurance claims.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and  be  deemed  repealed  3
years  after  such effective date; provided, however, any rules or regu-
lations necessary for the timely implementation  of  the  provisions  of
this act shall be promulgated on or before such date.

Co-Sponsors

S4403A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1237A
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §2346, add §2346-b, Ins L
Versions Introduced in 2009-2010 Legislative Session:
S2376, A9094

S4403A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S4403A

TITLE OF BILL:
An act
to amend the insurance law, in relation to establishing residential 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

PURPOSE:
To permit the superintendent of insurance to provide an actuarially
appropriate reduction in insurance premiums to those individuals that
take a certified Home Safety and Loss Prevention Course.

SUMMARY OF PROVISIONS:
Section 1. Amends section 2346 of the Insurance Law by adding
subsection (5) to provide that an appropriate premium discount be
given by insurers to fire and homeowners insurance policy holders for
a three year period after successfully completing a course in home
safety and accident prevention. The discount shall be based on sound
actuarial practices. Such courses shall be certified by the Insurance
Department pursuant to Insurance Law, section 2346-1.

Section 2: A new section 2346-b of the Insurance Law is added to
establish standards that residential home safety and loss prevention
courses must satisfy to be certified. Only certified courses may
conduct classes that will enable students to receive the premium
discount. The insurance Department shall consult with the Office of
Fire Prevention and Control of the Division of Homeland Security and
Emergency Services.

Section 3: Not less than 180 days before the expiration of this
section the superintendent of insurance shall issue a report to the
Governor, temporary president of the senate, speaker of the assembly,
and the chairs of the committees on insurance of both the senate and
assembly, stating his or her findings on the effect of this course.

Section 4: Effective Date

JUSTIFICATION:
Currently, when policy holders take a home safety and accident
prevention course, there is no discount at all for the holder
concerning their homeowners or tire insurance policy. This
legislation will allow for an actuarially appropriate reduction to be
awarded to the policy holder.
This legislation will encourage policy holders to take a course on
home safety and loss prevention, thus reducing property and personal
injury loss and consequentially reducing the cost of claims paid by
insurance companies. This in turn will permit insurers to lower
rates for those who take these classes.

LEGISLATIVE HISTORY:
S.2376

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law
and shall be deemed repealed three years after such date; provided
however, any rules or regulations necessary for the timely
implementation of the provisions of this act shall be promulgated on
or before such date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4403--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced by Sens. O'MARA, DeFRANCISCO, MAZIARZ, RANZENHOFER, ZELDIN --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Insurance  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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:

  Section  1.  Section  2346 of the insurance law is amended by adding a
new subsection 5 to read as follows:
  5. THE SUPERINTENDENT SHALL PROVIDE  FOR  AN  ACTUARIALLY  APPROPRIATE
REDUCTION  IN  THE RATES OF FIRE INSURANCE PREMIUMS OR HOMEOWNERS INSUR-
ANCE PREMIUMS APPLICABLE TO RESIDENTIAL REAL PROPERTY  FOR  ANY  INSURED
FOR A THREE YEAR PERIOD AFTER SUCCESSFULLY COMPLETING A RESIDENTIAL HOME
SAFETY  AND  LOSS  PREVENTION  COURSE  CERTIFIED PURSUANT TO SECTION TWO
THOUSAND THREE HUNDRED FORTY-SIX-B OF THIS ARTICLE.
  S 2. The insurance law is amended by adding a new  section  2346-b  to
read as follows:
  S 2346-B. CERTIFICATION OF RESIDENTIAL HOME SAFETY AND LOSS PREVENTION
COURSES.  (A)  THE  DEPARTMENT,  IN CONSULTATION WITH THE OFFICE OF FIRE
PREVENTION AND CONTROL OF THE DIVISION OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES AND ANY ADDITIONAL STATE ENTITY IT DEEMS APPROPRIATE,  SHALL
CERTIFY ALL RESIDENTIAL HOME SAFETY AND LOSS PREVENTION COURSES THAT ARE
AUTHORIZED  TO OFFER CLASSES THROUGH WHICH THE INSURED SHALL BE ELIGIBLE
TO RECEIVE AN INSURANCE PREMIUM REDUCTION PURSUANT TO SUBSECTION FIVE OF
SECTION TWO THOUSAND THREE HUNDRED FORTY-SIX OF THIS ARTICLE.
  (B) FOR THE PURPOSES OF THIS SECTION:
  (1) "RESIDENTIAL HOME SAFETY AND LOSS PREVENTION COURSE"  OR  "COURSE"
SHALL  MEAN AN INSTRUCTIONAL PROGRAM THAT PRESENTS INFORMATION AND METH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05010-03-1

S. 4403--A                          2

ODS THAT CAN HELP  AN  INSURED  TO  SIGNIFICANTLY  PREVENT  OR  MINIMIZE
PERSONAL  INJURIES  AND PROPERTY LOSSES IN RESIDENTIAL REAL PROPERTY DUE
TO THE OCCURRENCE  OF  FIRE,  THEFT,  BURGLARY,  ACCIDENTS  AND  WEATHER
RELATED  EVENTS, INCLUDING, BUT NOT LIMITED TO, HOW TO MITIGATE PROPERTY
DAMAGE FROM HURRICANES, ICE STORMS, TORNADOES AND OTHER  NATURAL  DISAS-
TERS; AND
  (2)  "COURSE  SPONSOR" SHALL MEAN ANY INDIVIDUAL, COMPANY OR ORGANIZA-
TION THAT HAS DEVELOPED OR OWNS  A  RESIDENTIAL  HOME  SAFETY  AND  LOSS
PREVENTION  COURSE  AND ALL AGENTS OF SUCH SPONSOR INCLUDING INDEPENDENT
CONTRACTORS THAT CONDUCT CLASSES FOR SUCH SPONSOR AND CLASS INSTRUCTORS.
  (C) THE DEPARTMENT SHALL PROMULGATE SUCH RULES AND REGULATIONS AS  ARE
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. SUCH RULES SHALL,
AT A MINIMUM, PROVIDE FOR:
  (1)  COURSE  SPONSOR  APPLICATION  PROCEDURES  THAT AN APPLICANT SHALL
FOLLOW TO OBTAIN COURSE CERTIFICATION APPROVAL;
  (2) CURRICULUM STANDARDS THAT  THE  COURSE  SPONSORS  AND  INSTRUCTORS
SHALL UTILIZE, BASED UPON SUBMISSIONS FROM ANY COURSE SPONSOR AS DEFINED
IN  PARAGRAPH  TWO OF SUBSECTION (B) OF THIS SECTION, INCLUDING TEACHING
METHODS AND TIME REQUIREMENTS WHICH SHALL BE IN EXCESS OF THREE HOURS;
  (3) STANDARDS, BASED UPON  SUBMISSIONS  FROM  ANY  COURSE  SPONSOR  AS
DEFINED  IN PARAGRAPH TWO OF SUBSECTION (B) OF THIS SECTION, THAT COURSE
SPONSORS SHALL SATISFY TO ENSURE THAT CLASS INSTRUCTORS  ARE  ADEQUATELY
TRAINED;
  (4) A DEMONSTRATION BY THE COURSE SPONSOR THAT SUCCESSFULLY COMPLETING
SUCH COURSE WILL SIGNIFICANTLY REDUCE FIRE, THEFT, LIABILITY AND WEATHER
RELATED LOSSES IN THE RESIDENCE;
  (5)  STANDARDS,  BASED  UPON  SUBMISSIONS  FROM  ANY COURSE SPONSOR AS
DEFINED IN PARAGRAPH TWO OF SUBSECTION (B) OF THIS  SECTION,  TO  ENSURE
THAT  INDIVIDUALS  THAT  COMPLETE SUCH COURSE SHALL RECEIVE CERTIFICATES
THAT CAN BE SUBMITTED TO AN INSURER TO DEMONSTRATE SUCCESSFUL COMPLETION
OF THE CLASS. SUCH CERTIFICATES OF COMPLETION SHALL BE TAMPER PROOF  AND
DESIGNED SO THAT THEY CAN NOT BE FRAUDULENTLY REPRODUCED OR FORGED BY AN
UNAUTHORIZED ISSUER; AND
  (6)  PROCEDURES  FOR  ON-GOING SURVEILLANCE OF COURSE PRESENTATION AND
ADMINISTRATION TO ENSURE THAT THE INSURANCE  PREMIUM  REDUCTION  AWARDED
IS,  AND  CONTINUES  TO  BE,  PROPORTIONALLY  RELATED TO THE ACTUARIALLY
CALCULABLE DECREASE IN LOSSES ATTRIBUTABLE TO THE COURSE.
  (D) THE DEPARTMENT IS AUTHORIZED TO SUSPEND OR REVOKE THE  CERTIFICATE
OF APPROVAL OF ANY COURSE SPONSOR IF THE DEPARTMENT DETERMINES THAT SUCH
SPONSOR  HAS  VIOLATED  THE  PROVISIONS OF THIS SECTION OR HAS MISREPRE-
SENTED INFORMATION ON THE INITIAL APPLICATION  OR  IN  PERIODIC  REPORTS
SUBMITTED TO THE DEPARTMENT.
  (E)  THE  DEPARTMENT  MAY  INCREASE  OR DECREASE THE INSURANCE PREMIUM
DISCOUNT AWARDED TO SUCH COURSE IF IT IS FOUND THAT SUCH DISCOUNT IS NOT
ACTUARIALLY APPROPRIATE.
  S 3. Not less than 180 days before the expiration of the provision  of
this  act,  the  superintendent of insurance shall issue a report to the
governor, temporary president of the senate, speaker  of  the  assembly,
and the chairs of the committees on insurance of the senate and assembly
stating his or her findings on the effect of residential home safety and
loss prevention courses in reducing homeowners insurance claims.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law and shall expire and be deemed repealed 3
years after such effective date; provided, however, any rules  or  regu-
lations  necessary  for  the  timely implementation of the provisions of
this act shall be promulgated on or before such date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.