senate Bill S1644

2013-2014 Legislative Session

Relates to boating liability insurance rates

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to insurance
Jan 09, 2013 referred to insurance

Co-Sponsors

S1644 - Bill Details

Current Committee:
Law Section:
Insurance Law
Laws Affected:
Add §2336-b, Ins L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7199
2009-2010: A6341A

S1644 - Bill Texts

view summary

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.

view sponsor memo
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1644

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.
                                                           LBD04831-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.