S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4032
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. COLTON, PALMESANO, PERRY, BARRON, COOK, L. ROSEN-
   THAL, M. MILLER, ENGLEBRIGHT, SANTABARBARA, HYNDMAN, J. RIVERA -- read
   once and referred 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 6 to read as follows:
   6. 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.
   § 2. The insurance law is amended by adding a new  section  2346-b  to
 read as follows:
   § 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 SIX  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
 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05977-01-1

 A. 4032                             2

 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.
   § 3. Not less than 180 days before the expiration of the provision  of
 this  act, the superintendent of financial services 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.
   § 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 5
 years after such effective date.  Effective immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on its effective date are  authorized  to  be
 made and completed on or before such effective date.