Relates to boating liability insurance rates; allows for a schedule of rates or rating plan for boat liability insurance submitted to the superintendent to provide for an actuarially appropriate reduction in premium charges for any insured who completed a boat safety course approved by the commissioner of parks, recreation and historic preservation.
TITLE OF BILL: An act to amend the insurance law, in relation to boating liability insurance rates
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to require insurance carriers, licensed to issue yacht or boating liability insurance in this state, to grant actuarially appropriate rate reductions to any owner of a yacht or boat who has successfully completed a boating safety course that was approved by the Commission of Parks.
SUMMARY OF SPECIFIC PROVISIONS: Section 1: Adds § 2336-b to the Insurance Law.
§ 2336-b. Boat liability insurance rates; premium reductions in certain cases.
(a) Any schedule of rates or rating plan for boat liability insurance submitted to the superintendent shall provide for an actuarially appropriate reduction in premium charges for anyone insured who has successfully completed a boat safety course which has been approved by the commissioner of parks, recreation and historic preservation. The provisions of this section shall not apply to attendance at a course pursuant to sections 54 or 49 of the Navigation Law as a result of any boating infraction.
(b) For the purpose of this section the term boat shall mean any residential or pleasure vessel that is not a crew racing shell as defined in section two of the Navigation Law.
Section 2: Sets the effective date.
JUSTIFICATION: Currently, Navigation Law, section 78-a authorizes, but does not require, licensed insurance carriers to grant premium reductions to any yacht and boat owner who has successfully completed a boating safety course or holds a valid United States Coast Guard operator's license. Insurance Law §2336-a authorizes licensed insurance carriers to grant actuarially appropriate rate reductions to any insured person who has successfully completed a snowmobile safety course that has been approved by the Commissioner of Parks, Recreation and Historic Preservation. This legislation would be similar for boating insurance as it is for snowmobile.
The noticeable increase in boat traffic within and surrounding New York's waterway has led to an increased potential for boating accidents. Many municipalities have maritime police and patrols and emergency response units, but there is not enough emphasis placed on accident prevention through education. The State Office of Parks, Recreation and Historic Preservation maintains a list of offerings of the New York State Safety Boating Course,
but related sections of the Navigation Law are focused on youthful boat operators and operators of personal watercraft.
Both New jersey and Connecticut already require that the operator of a boat possess a certificate showing that he or she has passed an approved boating safety course. However, legislative proposals to require New York boat operators to pass boating safety courses have so far not met with approval.
This legislation would encourage New York boat owners to take boating safety courses by qualifying them for reduced liability insurance premiums. The result will be better educated boaters and safer waterways.
PRIOR LEGISLATIVE HISTORY: S.2811 - 2008 - Referred to Insurance S.4465 - 2006 - Referred to Insurance S.4247 - 2004 - Referred to Insurance
FISCAL IMPLICATIONS: There are no fiscal implications.
EFFECTIVE DATE: This act shall take effect immediately and shall apply to all policies and contracts issued, renewed, modified or altered on and after such effective date.
STATE OF NEW YORK ________________________________________________________________________ 7199 IN SENATE May 1, 2012 ___________Introduced by Sen. CARLUCCI -- 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 boating liability insurance rates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The insurance law is amended by adding a new section 2336-b to read as follows: S 2336-B. BOAT LIABILITY INSURANCE RATES; PREMIUM REDUCTIONS IN CERTAIN CASES. (A) ANY SCHEDULE OF RATES OR RATING PLAN FOR BOAT LIABIL- ITY INSURANCE SUBMITTED TO THE SUPERINTENDENT SHALL PROVIDE FOR AN ACTU- ARIALLY APPROPRIATE REDUCTION IN PREMIUM CHARGES FOR ANY INSURED WHO HAS SUCCESSFULLY COMPLETED A BOAT SAFETY COURSE WHICH HAS BEEN APPROVED BY THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ATTENDANCE AT A COURSE PURSUANT TO SECTIONS FORTY-FIVE OR FORTY-NINE OF THE NAVIGATION LAW AS A RESULT OF ANY BOATING INFRACTION. (B) FOR THE PURPOSES OF THIS SECTION THE TERM BOAT SHALL MEAN ANY RESIDENTIAL OR PLEASURE VESSEL THAT IS NOT A CREW RACING SHELL AS DEFINED IN SECTION TWO OF THE NAVIGATION LAW. S 2. This act shall take effect immediately and shall apply to all policies and contracts issued, renewed, modified or altered on and after such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09934-01-1