Senate Bill S789A

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

                                 789--A
    Cal. No. 69

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00821-03-6

S. 789--A                           2

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
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.