Bill Text: NY S00789 | 2015-2016 | General Assembly | Amended

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Bill Title: Requires liability insurance rate reductions upon completion of a boating safety course or an advanced boating safety course.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S00789 Detail]

Download: New_York-2015-S00789-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         789--A
            Cal. No. 69
                               2015-2016 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 7, 2015
                                       ___________
        Introduced  by Sens. LAVALLE, AVELLA, DeFRANCISCO, KENNEDY -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Cultural Affairs, Tourism, Parks and Recreation --  recommitted  to
          the  Committee  on  Cultural Affairs, Tourism, Parks and Recreation in
          accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
        AN ACT to amend the navigation law and the insurance law, in relation to
          insurance  rate  reductions upon completion of a boating safety course
          or an advanced boating safety course
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 78-a of the navigation law, as added by chapter 160
     2  of  the  laws of 1990 and as further amended by section 104 of part A of
     3  chapter 62 of the laws of 2011, is amended to read as follows:
     4    § 78-a. Insurance rate reduction. Any insurance  carrier  licensed  to
     5  issue  yacht  or boating liability insurance in this state is authorized
     6  to grant rate reductions with the approval of the department  of  finan-
     7  cial  services  to  any  owner  of  a yacht or boat who has successfully
     8  completed a boating safety course or an advanced boating  safety  course
     9  or holds a valid United States Coast Guard operators license.
    10    §  2.  The  insurance law is amended by adding a new section 2336-b to
    11  read as follows:
    12    § 2336-b.  Boat  liability  insurance  rates;  premium  reductions  in
    13  certain cases. (a) Any schedule of rates or rating plan for boat liabil-
    14  ity  insurance  submitted  to  the  superintendent  shall provide for an
    15  appropriate reduction in premium charges, as described in section seven-
    16  ty-eight-a of the navigation law, for any insured who  has  successfully
    17  completed  a  boating safety course or an advanced boating safety course
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00821-03-6
        S. 789--A                           2
     1  which meets the requirements of part five of article four of the naviga-
     2  tion law and has been approved by the commissioner of parks,  recreation
     3  and  historic  preservation.  The  provisions  of this section shall not
     4  apply  to  attendance  at  a  course  pursuant to sections forty-five or
     5  forty-nine of the navigation law as a result of any boating infraction.
     6    (b) For the purposes of this section:
     7    (1) the term "boat" shall mean any residential or pleasure vessel that
     8  is not a crew racing shell as defined in section two of  the  navigation
     9  law.
    10    (2)  the  term  "boating  safety  course"  or "advanced boating safety
    11  course" shall mean  a  course  of  instruction  or  advanced  course  of
    12  instruction  that has been approved by the commissioner of parks, recre-
    13  ation and historic preservation pursuant to section seventy-nine of  the
    14  navigation law.
    15    (3)  the term "boating safety certificate" shall mean a document which
    16  cannot be altered and which is provided to  a  person  who  successfully
    17  completes  a  boating  safety  course  or advanced boating safety course
    18  pursuant to section seventy-eight of the navigation law.
    19    (c)  An  insurer,  upon  approval  of  the  superintendent,  may  upon
    20  submission of a completion certificate by an insured, provide an actuar-
    21  ially  appropriate  reduction of the premium for such insured's yacht or
    22  boating liability insurance.
    23    (d) The superintendent may establish, by rule or otherwise,  standards
    24  or  guidelines  to  be  used  by  the  superintendent when reviewing the
    25  proposed boating safety course or an advanced boating safety course.
    26    § 3. This act shall take effect on the first of January next  succeed-
    27  ing  the  date  on  which it shall have become a law; provided, however,
    28  that effective immediately, any actions necessary to be  taken  for  the
    29  implementation  of  the provisions of this act on its effective date are
    30  authorized and directed to be completed  on  or  before  such  effective
    31  date.