The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 584--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. THIELE, RAIA -- read once and referred to the
  Committee on Insurance -- recommitted to the Committee on Insurance in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section 1. Section 78-a of the navigation law, as added by chapter 160
of the laws of 1990 and as further amended by section 104 of part  A  of
chapter 62 of the laws of 2011, is amended to read as follows:
  S 78-a. Insurance  rate  reduction.  Any insurance carrier licensed to
issue yacht or boating liability insurance in this state  is  authorized
to  grant  rate reductions with the approval of the department of finan-
cial services to any owner of a  yacht  or  boat  who  has  successfully
completed  a  boating safety course OR AN ADVANCED BOATING SAFETY COURSE
or holds a valid United States Coast Guard operators license.
  S 2. 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
APPROPRIATE REDUCTION IN PREMIUM CHARGES, AS DESCRIBED IN SECTION SEVEN-
TY-EIGHT-A  OF  THE NAVIGATION LAW, FOR ANY INSURED WHO HAS SUCCESSFULLY
COMPLETED A BOATING SAFETY COURSE OR AN ADVANCED BOATING  SAFETY  COURSE
WHICH MEETS THE REQUIREMENTS OF PART FIVE OF ARTICLE FOUR OF THE NAVIGA-
TION  LAW AND HAS BEEN APPROVED BY THE COMMISSIONER OF PARKS, RECREATION
AND HISTORIC PRESERVATION. THE PROVISIONS  OF  THIS  SECTION  SHALL  NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00821-03-6

A. 584--A                           2

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:
  (1) 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.
  (2) THE TERM "BOATING  SAFETY  COURSE"  OR  "ADVANCED  BOATING  SAFETY
COURSE"  SHALL  MEAN  A  COURSE  OF  INSTRUCTION  OR  ADVANCED COURSE OF
INSTRUCTION THAT HAS BEEN APPROVED BY THE COMMISSIONER OF PARKS,  RECRE-
ATION  AND HISTORIC PRESERVATION PURSUANT TO SECTION SEVENTY-NINE OF THE
NAVIGATION LAW.
  (3) THE TERM "BOATING SAFETY CERTIFICATE" SHALL MEAN A DOCUMENT  WHICH
CANNOT  BE  ALTERED  AND  WHICH IS PROVIDED TO A PERSON WHO SUCCESSFULLY
COMPLETES A BOATING SAFETY COURSE  OR  ADVANCED  BOATING  SAFETY  COURSE
PURSUANT TO SECTION SEVENTY-EIGHT OF THE NAVIGATION LAW.
  (C)  AN  INSURER,  UPON  APPROVAL  OF  THE  SUPERINTENDENT,  MAY  UPON
SUBMISSION OF A COMPLETION CERTIFICATE BY AN INSURED, PROVIDE AN ACTUAR-
IALLY APPROPRIATE REDUCTION OF THE PREMIUM FOR SUCH INSURED'S  YACHT  OR
BOATING LIABILITY INSURANCE.
  (D)  THE SUPERINTENDENT MAY ESTABLISH, BY RULE OR OTHERWISE, STANDARDS
OR GUIDELINES TO BE  USED  BY  THE  SUPERINTENDENT  WHEN  REVIEWING  THE
PROPOSED BOATING SAFETY COURSE OR AN ADVANCED BOATING SAFETY COURSE.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  effective  immediately,  any actions necessary to be taken for the
implementation of the provisions of this act on its effective  date  are
authorized  and  directed  to  be  completed on or before such effective
date.