Senate Bill S1644

                                BILL NUMBER:S1644

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.7199 - 2012 - Referred to Insurance; Passed the Assembly A.6341-A -
2010 - Passed the Assembly S.2811 -2008 - Referred to Insurance S.4465
- 2008 - 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 aptly
to all policies and contracts issued, renewed, modified or altered on
and after such effective date.