Senate Bill S5087

                                 BILL NUMBER:  S5087

 TITLE OF BILL :  An act to amend the insurance law, in relation to
boating liability insurance rates

 PURPOSE OR GENERAL IDEA OF BILL :  This bill would reduce the number
of boating accidents by requiring that insurance carriers licensed to
issue yacht or boating liability insurance in this state, 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 :  This bill creates a new section
2336-b of the Insurance law.

Section 1 provides that any schedule of rates or rating plan for yacht
or boating liability provide for an actuarially appropriate reduction
in premium charges for any insured who has successfully completed a
boating safety course which has been approved by the Commissioner of
Parks, Recreation and Historic Preservation.

Section 2 provides that the new law shall take effect immediately and
shall apply to all policies and contracts issued, renewed, modified or
altered on or after the effective date.

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 operators
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.

 JUSTIFICATION :  The noticeable increase in boat traffic within and
surrounding New York's waterways 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 - even when drafted to affect only certain
areas of the state, such as Westchester County, with heavily
trafficked waterways.

This legislation would encourage New York boat owners to take boating
safety courses by qualifying them for reduced liability insurance
premiums. Assuring that boat owners are better educated is an
important first step in reaching all boat operators. The result will
be better-educated boaters and safer waterways.

 PRIOR LEGISLATIVE HISTORY :  2008 - S.2381 - Referred to Insurance
Committee. FISCAL IMPLICATIONS:  None Noted.

 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.