Bill Text: NY S06782 | 2013-2014 | General Assembly | Amended

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Bill Title: Establishes the "homeowner natural disaster preparedness, home safety and loss prevention program" to provide for the reduction of property/casualty insurance premiums on residential real property when the insured occupant completes a homeowner natural disaster preparedness, home safety and loss prevention course.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2014-06-17 - referred to insurance [S06782 Detail]

Download: New_York-2013-S06782-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6782--B
                                   I N  S E N A T E
                                    March 10, 2014
                                      ___________
       Introduced  by  Sens.  KLEIN,  SAVINO,  AVELLA -- read twice and ordered
         printed, and when printed to be committed to the Committee  on  Insur-
         ance  --  committee  discharged,  bill  amended,  ordered reprinted as
         amended and recommitted to said  committee  --  committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee
       AN ACT to amend the insurance law, in relation to reduction in rates  of
         property/casualty  insurance  on residential property for insureds who
         complete an approved homeowner natural disaster, home safety and  loss
         prevention preparedness course
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the  "homeowner  natural  disaster,  home  safety  and  loss  prevention
    3  preparedness program".
    4    S 2. Legislative intent. The legislature declares that the purposes of
    5  this act are to  provide  homeowners,  condominium  owners,  cooperative
    6  apartment  owners,  and  renters  with  an incentive to take a course of
    7  instruction on how to make their residence more resilient to  a  natural
    8  disaster,  reduce  the  potential  loss  of life or property damage that
    9  could result from a natural disaster, reduce the risk  of  fire,  theft,
   10  burglary,  personal injury or property damage, and raise their awareness
   11  of natural disaster preparedness by offering property/casualty insurance
   12  premium reductions.
   13    S 3. The section heading of section 2346  of  the  insurance  law,  as
   14  amended  by  chapter  637  of  the  laws  of  1993, is amended and a new
   15  subsection 5 is added to read as follows:
   16    Reduction in rates of fire insurance  [or],  homeowners  insurance  OR
   17  PROPERTY/CASUALTY premiums for residential property.
   18    5. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBSECTION, THE FOLLOWING
   19  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   20    (1)  "COMPLETION CERTIFICATE" MEANS A DOCUMENT WHICH CANNOT BE ALTERED
   21  AND WHICH IS PROVIDED TO A PERSON WHO SUCCESSFULLY COMPLETES A HOMEOWNER
   22  NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13992-06-4
       S. 6782--B                          2
    1    (2) "NATURAL DISASTER" MEANS THE  OCCURRENCE  OR  IMMINENT  THREAT  OF
    2  WIDESPREAD OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY RESULT-
    3  ING  FROM  ANY NATURAL CAUSE INCLUDING, BUT NOT LIMITED TO, FIRE, FLOOD,
    4  EARTHQUAKE, HURRICANE, TORNADO, HIGH WATER, LANDSLIDE,  MUDSLIDE,  WIND,
    5  STORM,  WAVE  ACTION,  ICE  STORM,  EPIDEMIC, AIR CONTAMINATION, BLIGHT,
    6  DROUGHT, INFESTATION, EXPLOSION, WATER CONTAMINATION, BRIDGE FAILURE, OR
    7  BRIDGE COLLAPSE.
    8    (3) "HOMEOWNER NATURAL  DISASTER,  HOME  SAFETY  AND  LOSS  PREVENTION
    9  PREPAREDNESS  COURSE" MEANS A NATURAL DISASTER PREPAREDNESS, HOME SAFETY
   10  AND LOSS PREVENTION COURSE APPROVED BY THE SUPERINTENDENT, IN  CONSULTA-
   11  TION  WITH  THE  COMMISSIONER  OF  THE DIVISION OF HOMELAND SECURITY AND
   12  EMERGENCY SERVICES, PURSUANT TO PARAGRAPH (D) OF THIS SUBSECTION.   SUCH
   13  COURSE SHALL PROVIDE USEFUL INFORMATION TO PARTICIPANTS ON ITEMS INCLUD-
   14  ING,  BUT  NOT LIMITED TO:   COURSES OF ACTION THAT CAN BE TAKEN BEFORE,
   15  DURING AND AFTER THE OCCURRENCE OF A  NATURAL  DISASTER,  STRATEGIES  TO
   16  REDUCE RISK EXPOSURE TO INSURED RESIDENTIAL PROPERTY OWNERS AND RENTERS,
   17  AND  INFORMATION  ABOUT  THE INSTALLATION OF EQUIPMENT, DEVICES OR OTHER
   18  CAPITAL IMPROVEMENTS TO REAL PROPERTY WHICH CAN  HELP  TO  ELIMINATE  OR
   19  MITIGATE  DAMAGE  TO  REAL  OR PERSONAL PROPERTY, PERSONAL INJURY OR THE
   20  LOSS OF LIFE CAUSED BY A NATURAL DISASTER OR OTHER  INSURABLE  EVENT  OR
   21  OCCURRENCE  OF  A  FIRE,  THEFT,  BURGLARY,  PERSONAL INJURY OR PROPERTY
   22  DAMAGE.
   23    (B) THE SUPERINTENDENT MAY  PROVIDE  FOR  AN  ACTUARIALLY  APPROPRIATE
   24  REDUCTION  FOR A PERIOD OF THREE YEARS IN RATES OF HOMEOWNER'S INSURANCE
   25  AND PROPERTY/CASUALTY INSURANCE PREMIUMS APPLICABLE TO RESIDENTIAL  REAL
   26  PROPERTY  FOR  EACH TRIENNIAL COMPLETION OF A HOMEOWNER NATURAL DISASTER
   27  PREPAREDNESS, HOME SAFETY AND LOSS  PREVENTION  COURSE  BY  THE  INSURED
   28  OCCUPANT  OF  SUCH    RESIDENTIAL REAL PROPERTY. IN ADDITION, THE SUPER-
   29  INTENDENT MAY ALSO PROVIDE FOR  ACTUARIALLY  APPROPRIATE  REDUCTIONS  IN
   30  SUCH  RATES  FOR THE INSTALLATION OF EQUIPMENT, DEVICES OR OTHER CAPITAL
   31  IMPROVEMENTS TO REAL PROPERTY WHICH CAN HELP TO  ELIMINATE  OR  MITIGATE
   32  NATURAL DISASTER DAMAGE, IMPROVE HOME SAFETY OR PREVENT OTHER LOSSES.
   33    (C)  AN  INSURER,  UPON  APPROVAL  OF  THE  SUPERINTENDENT,  MAY  UPON
   34  SUBMISSION OF A COMPLETION CERTIFICATE BY AN INSURED, PROVIDE AN ACTUAR-
   35  IALLY APPROPRIATE REDUCTION, FOR A PERIOD OF THREE YEARS, OF THE PREMIUM
   36  FOR SUCH INSURED'S HOMEOWNER'S INSURANCE OR PROPERTY/CASUALTY  INSURANCE
   37  ON  THE  RESIDENTIAL REAL PROPERTY WHICH IS THE INSURED'S PLACE OF RESI-
   38  DENCE.
   39    (D) THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER  OF  THE
   40  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, SHALL ESTABLISH,
   41  BY RULE, STANDARDS AND  A  CURRICULUM  FOR  HOMEOWNER  NATURAL  DISASTER
   42  PREPAREDNESS,  HOME  SAFETY  AND  LOSS  PREVENTION COURSES.   EVERY SUCH
   43  COURSE SHALL BE APPROVED BY THE SUPERINTENDENT AND SUCH COMMISSIONER.
   44    S 4. This act shall take effect on the first of January next  succeed-
   45  ing  the  date  on  which it shall have become a law; provided, however,
   46  that effective immediately, any actions necessary to be  taken  for  the
   47  implementation  of  the provisions of this act on its effective date are
   48  authorized and directed to be completed  on  or  before  such  effective
   49  date.