NY State Senate Bill 2015-S1529

Senate Bill S1529

Vetoed By Governor

2015-2016 Legislative Session

Provides for the reduction of property/casualty insurance premiums on residential real property when the insured occupant completed a homeowner natural disaster preparedness, home safety & loss prevention

download bill text pdf

Archive: Last Bill Status Via A6846 - Vetoed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	tabled vetoed memo.233
Nov 10, 2015	delivered to governor
Jun 18, 2015	returned to assembly passed senate substituted for s1529
Jun 18, 2015	substituted by a6846
Jun 03, 2015	advanced to third reading
Jun 02, 2015	2nd report cal.
Jun 01, 2015	1st report cal.1113
Jan 13, 2015	referred to insurance

Votes

- Jun 18, 2015 - Floor Vote
  A6846
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 1, 2015 - Insurance Committee Vote
  S1529
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Jun 1, 2015
      
      aye (18)
      
      Avella
      
      Breslin
      
      Carlucci
      
      Espaillat
      
      Golden
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Martins
      
      O'Mara
      
      Panepinto
      
      Parker
      
      Sanders Jr.
      
      Seward
      
      Venditto
      
      Young

co-Sponsors

2015-S1529 (ACTIVE) - Details

See Assembly Version of this Bill:: A6846
Law Section:: Insurance Law
Laws Affected:: Amd §2346, Ins L
Versions Introduced in 2013-2014 Legislative Session:: S6782, A9047

2015-S1529 (ACTIVE) - Summary

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.

2015-S1529 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1529

TITLE OF BILL:

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

PURPOSE OF BILL:

The purpose of this bill is to provide for an actuarially appropriate
reduction in homeowners insurance and insurance that covers property
damage for condominiums, cooperative residential units and for renters
caused by a natural disaster or other insurable events. A residential
property owner could obtain such an actuarially appropriate premium
reduction upon completion of a natural disaster preparedness, home
safety and loss prevention course that is approved by the
Superintendent of the Financial Services Department. The goal of the
bill is to raise the awareness of natural disaster preparedness and
losses by other insurable events by offering such a course for
residential property owners. The ultimate goal being to help reduce
the risk exposure faced by property owners from damage caused by a
wide spread natural disaster such as a hurricane, ice storm, flood,
tornado, or other disasters caused by nature or by other insurable
events such as fire, theft, burglary, personal injury or property

damage.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Enacts the "Homeowner Natural Disaster, Home Safety and
Loss Prevention Preparedness Program."

Section 2: Legislative intent.

Section 3: Amends Insurance Law section 2346 to add a new subsection
(5) that provides for this actuarially appropriate reduction in
homeowners insurance and for others who live in condominiums,
cooperates, or are renters.

-Provides for a definition of "completion certificate", "natural
disaster" and "homeowner natural disaster, home safety and loss
prevention preparedness course".

-Authorizes the Superintendent of Financial Services to provide for an
actuarially appropriate reduction on residential property insurance
premiums for a period of 3 years upon the completion of a homeowner
natural disaster preparedness, home safety and loss prevention course.
The Superintendent may also provide for an actuarially appropriate
reduction in premium rates for the installation of equipment, devices,
or other capital improvements that can help to eliminate or mitigate
natural disaster damage or losses from other insurable events.

-Such coarse, after being submitted for approval to the Superintendent
by a property/casualty insurer, shall provide useful information
related to courses of action that can be taken by a homeowner before,
during and after the occurrence of a natural disaster; strategies to


reduce risk exposure to residential property owners, and information
on the kinds of equipment, devices and other capital improvements made
to real property to help reduce the risk of damage to real property,
personal injury or loss of life. The emphasis of the course is to be
on reducing the risk of damage from natural disasters, but it shall
also include information about increasing home safety and other loss
prevention techniques.

-The insurer would provide for the reduction in insurance premiums
upon completion of such a natural disaster, home safety and loss
prevention preparedness course. A completion certificate would need to
be issued by the approved natural disaster preparedness course sponsor
and submitted to the insurance carrier.

-The Superintendent, in consultation with the Commissioner of the
Division of Homeland Security and Emergency Services, would establish
standards and the curriculum to be used in such homeowner natural
disaster, home safety and loss prevention preparedness course.

JUSTIFICATION:

Over the last decade or so, it seems that more and more catastrophic
weather events have struck the Northeastern portions of the United
States. The purpose of this bill is to encourage homeowners to take a
natural disaster preparedness course to help reduce the risk of
property damage, personal injury, and loss of life that can occur as
the result of these increasingly catastrophic weather events. In
addition, by encouraging residential property owners to take such a
class, it is the sponsor's hope to help reduce the economic and
personal injuries that occur due to these weather events. In addition,
such course, to increase the cost savings to consumers and insurance
carriers can include items related to home safety and other loss
prevention techniques.

This bill will not adversely affect insurers, in that they would only
give an actuarially appropriate premium reduction that is demonstrated
to reflect real potential property/casualty losses that could be
curbed. Further, this is not a mandate bill in that only those
insurers that wish to offer the course or sanction such a course to
provide for such a premium reduction would need to participate in the
program.

New York State law already provides for an actuarially appropriate
reduction on auto insurance rates to those that take a defensive
driving course. This bill merely extends this concept to homeowners'
insurance. Also, as is the case with the driver safety auto insurance
premium reduction course that is already in state law, such premium
reduction is for a three year period of time.

LEGISLATIVE HISTORY:

2014 - S. 6782 - Passed Senate

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.


EFFECTIVE DATE:

January first, next succeeding when the law shall have gone into
effect.

2015-S1529 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1529

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sens.  KLEIN,  AVELLA,  SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Insur-
  ance

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:

  Section  1.  Short  title. This act shall be known and may be cited as
the  "homeowner  natural  disaster,  home  safety  and  loss  prevention
preparedness program".
  S 2. Legislative intent. The legislature declares that the purposes of
this  act  are  to  provide  homeowners, condominium owners, cooperative
apartment owners, and renters with an incentive  to  take  a  course  of
instruction  on  how to make their residence more resilient to a natural
disaster, reduce the potential loss of  life  or  property  damage  that
could  result  from  a natural disaster, reduce the risk of fire, theft,
burglary, personal injury or property damage, and raise their  awareness
of natural disaster preparedness by offering property/casualty insurance
premium reductions.
  S  3.  The  section  heading  of section 2346 of the insurance law, as
amended by chapter 637 of the  laws  of  1993,  is  amended  and  a  new
subsection 5 is added to read as follows:
  Reduction  in  rates  of  fire insurance [or], homeowners insurance OR
PROPERTY/CASUALTY premiums for residential property.
  5. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBSECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (1) "COMPLETION CERTIFICATE" MEANS A DOCUMENT WHICH CANNOT BE  ALTERED
AND WHICH IS PROVIDED TO A PERSON WHO SUCCESSFULLY COMPLETES A HOMEOWNER
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.
                                                           LBD03953-01-5

S. 1529                             2

  (2)  "NATURAL  DISASTER"  MEANS  THE  OCCURRENCE OR IMMINENT THREAT OF
WIDESPREAD OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY RESULT-
ING FROM ANY NATURAL CAUSE INCLUDING, BUT NOT LIMITED TO,  FIRE,  FLOOD,
EARTHQUAKE,  HURRICANE,  TORNADO, HIGH WATER, LANDSLIDE, MUDSLIDE, WIND,
STORM,  WAVE  ACTION,  ICE  STORM,  EPIDEMIC, AIR CONTAMINATION, BLIGHT,
DROUGHT, INFESTATION, EXPLOSION, WATER CONTAMINATION, BRIDGE FAILURE, OR
BRIDGE COLLAPSE.
  (3) "HOMEOWNER NATURAL  DISASTER,  HOME  SAFETY  AND  LOSS  PREVENTION
PREPAREDNESS  COURSE" MEANS A NATURAL DISASTER PREPAREDNESS, HOME SAFETY
AND LOSS PREVENTION COURSE APPROVED BY THE SUPERINTENDENT, IN  CONSULTA-
TION  WITH  THE  COMMISSIONER  OF  THE DIVISION OF HOMELAND SECURITY AND
EMERGENCY SERVICES, PURSUANT TO PARAGRAPH (D) OF THIS SUBSECTION.   SUCH
COURSE SHALL PROVIDE USEFUL INFORMATION TO PARTICIPANTS ON ITEMS INCLUD-
ING,  BUT  NOT LIMITED TO:   COURSES OF ACTION THAT CAN BE TAKEN BEFORE,
DURING AND AFTER THE OCCURRENCE OF A  NATURAL  DISASTER,  STRATEGIES  TO
REDUCE RISK EXPOSURE TO INSURED RESIDENTIAL PROPERTY OWNERS AND RENTERS,
AND  INFORMATION  ABOUT  THE INSTALLATION OF EQUIPMENT, DEVICES OR OTHER
CAPITAL IMPROVEMENTS TO REAL PROPERTY WHICH CAN  HELP  TO  ELIMINATE  OR
MITIGATE  DAMAGE  TO  REAL  OR PERSONAL PROPERTY, PERSONAL INJURY OR THE
LOSS OF LIFE CAUSED BY A NATURAL DISASTER OR OTHER  INSURABLE  EVENT  OR
OCCURRENCE  OF  A  FIRE,  THEFT,  BURGLARY,  PERSONAL INJURY OR PROPERTY
DAMAGE.
  (B) THE SUPERINTENDENT MAY  PROVIDE  FOR  AN  ACTUARIALLY  APPROPRIATE
REDUCTION  FOR A PERIOD OF THREE YEARS IN RATES OF HOMEOWNER'S INSURANCE
AND PROPERTY/CASUALTY INSURANCE PREMIUMS APPLICABLE TO RESIDENTIAL  REAL
PROPERTY  FOR  EACH TRIENNIAL COMPLETION OF A HOMEOWNER NATURAL DISASTER
PREPAREDNESS, HOME SAFETY AND LOSS  PREVENTION  COURSE  BY  THE  INSURED
OCCUPANT  OF  SUCH    RESIDENTIAL REAL PROPERTY. IN ADDITION, THE SUPER-
INTENDENT MAY ALSO PROVIDE FOR  ACTUARIALLY  APPROPRIATE  REDUCTIONS  IN
SUCH  RATES  FOR THE INSTALLATION OF EQUIPMENT, DEVICES OR OTHER CAPITAL
IMPROVEMENTS TO REAL PROPERTY WHICH CAN HELP TO  ELIMINATE  OR  MITIGATE
NATURAL DISASTER DAMAGE, IMPROVE HOME SAFETY OR PREVENT OTHER LOSSES.
  (C)  AN  INSURER,  UPON  APPROVAL  OF  THE  SUPERINTENDENT,  MAY  UPON
SUBMISSION OF A COMPLETION CERTIFICATE BY AN INSURED, PROVIDE AN ACTUAR-
IALLY APPROPRIATE REDUCTION, FOR A PERIOD OF THREE YEARS, OF THE PREMIUM
FOR SUCH INSURED'S HOMEOWNER'S INSURANCE OR PROPERTY/CASUALTY  INSURANCE
ON  THE  RESIDENTIAL REAL PROPERTY WHICH IS THE INSURED'S PLACE OF RESI-
DENCE.
  (D) THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER  OF  THE
DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, SHALL ESTABLISH,
BY RULE, STANDARDS AND  A  CURRICULUM  FOR  HOMEOWNER  NATURAL  DISASTER
PREPAREDNESS,  HOME  SAFETY  AND  LOSS  PREVENTION COURSES.   EVERY SUCH
COURSE SHALL BE APPROVED BY THE SUPERINTENDENT AND SUCH COMMISSIONER.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that effective immediately, any actions necessary to be  taken  for  the
implementation  of  the provisions of this act on its effective date are
authorized and directed to be completed  on  or  before  such  effective
date.

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Senate Bill S1529

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Sponsored By

Jeffrey D. Klein