S7199-2011 Actions

• May 1, 2012: REFERRED TO INSURANCE

S7199-2011 Memo

BILL NUMBER:S7199

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.

S7199-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7199
 I N  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

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