NY State Senate Bill 2019-S3688A

Senate Bill S3688A

Signed By Governor

2019-2020 Legislative Session

Relates to liability insurance rate reductions upon completion of a boating safety course or an advanced boating safety course

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 15, 2020	approval memo.41 signed chap.335
Dec 03, 2020	delivered to governor
Jul 23, 2020	returned to senate passed assembly ordered to third reading cal.205 substituted for a5415a
Jul 22, 2020	referred to codes delivered to assembly passed senate
Jul 21, 2020	ordered to third reading cal.769
Jul 20, 2020	reported and committed to rules
Jul 15, 2020	print number 3688a
Jul 15, 2020	amend and recommit to insurance
Jan 08, 2020	referred to insurance
Apr 03, 2019	committee discharged and committed to insurance
Feb 12, 2019	referred to cultural affairs, tourism, parks and recreation

Votes

- Jul 22, 2020 - Floor Vote
  S3688A
  
  59
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 22, 2020
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (1)
      
      Skoufis
  Jul 21, 2020 - Rules Committee Vote
  S3688A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 21, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Ortt
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
  Jul 20, 2020 - Insurance Committee Vote
  S3688A
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: Jul 20, 2020
      
      aye (11)
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Kennedy
      
      Martinez
      
      Ortt
      
      Parker
      
      Ranzenhofer
      
      Sanders Jr.
      
      Serino
      
      Seward

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S3688 - Details

See Assembly Version of this Bill:: A5415
Law Section:: Navigation Law
Laws Affected:: Amd §78-a, Nav L; add §2336-b, Ins L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7855
2013-2014: S2022, A1930
2015-2016: S789, A584
2017-2018: S2985, A2336

2019-S3688 - Summary

Requires liability insurance rate reductions upon completion of a boating safety course or an advanced boating safety course.

2019-S3688 - Sponsor Memo

                                
 
BILL NUMBER: S3688

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the navigation law and the insurance
law, in relation to insurance rate reductions upon completion of a boat-
ing safety course or an advanced boating safety course

 
PURPOSE:

To provide for boating liability insurance reductions for those who take
boater safety courses.

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 78-a of the Navigation Law by providing the
authority for insurance carriers to grant rate reductions with the
approval of the Department of Financial Services for boat owners who
complete a boating safety course or an advanced boating safety course.

Section 2. Amends the Insurance Law by adding a new section 2336-B
providing that rate schedules submitted to the Commissioner for boat

liability insurance shall provide for an appropriate reduction in premi-
um charges, as described in section 78-a of the navigation law, for
insured owners who successfully complete a boating safety course or an
advanced boating course. This legislation would not apply to those cases
in which mandatory courses are taken in response to boating infractions.

Defines the following terms for the purpose of this section: (1) "boat";
(2) "boating safety course" or "advanced boating safety course" and (3)
"boating safety certificate".

Once approved by the Superintendent, an insurer may upon submission of a
completion certificate by an insured, provide an actuarially appropriate
reduction of the premium for such insured's yacht or boating liability
insurance.

The Superintendent may establish, by rule or otherwise, standards or
guidelines to be used upon the review of the proposed boating safety
course or an advanced boating safety course.

Section 3. Effective date.

 
JUSTIFICATION:

Owning and operating a pleasure boat can provide many hours of enjoyment
and summertime pleasure. However, there are many perils and responsibil-
ities which arise when a boat leaves the dock not only from the elements
but also from other water craft. There are rules and basic procedures
which boat operators should know and observe.  This bill would provide
an incentive to learn and follow those safety rules and procedures by
giving owners who complete basic or advanced boating safety courses a
reduction in boating liability insurance.

 
LEGISLATIVE HISTORY:

2017-18 S.2985/A.2336;
2015-16 S.789A/A.584A;
2013-14 S.2022/A.1930;
2012 S.7855
 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2019-S3688 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3688                                                  A. 5415
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by Sens. LAVALLE, GALLIVAN -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Cultural Affairs, Tourism, Parks and Recreation
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE, RAIA, JEAN-PIERRE, GALEF
   -- Multi-Sponsored by --  M.  of  A.  ENGLEBRIGHT  --  read  once  and
   referred to the Committee on Insurance
 
 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:
   § 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.
   §  2.  The  insurance law is amended by adding a new section 2336-b to
 read as follows:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03183-01-9

 S. 3688                             2                            A. 5415
 
 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.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

co-Sponsors

2019-S3688A (ACTIVE) - Details

See Assembly Version of this Bill:: A5415
Law Section:: Navigation Law
Laws Affected:: Amd §78-a, Nav L; add §2336-b, Ins L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7855
2013-2014: S2022, A1930
2015-2016: S789, A584
2017-2018: S2985, A2336

2019-S3688A (ACTIVE) - Summary

Requires liability insurance rate reductions upon completion of a boating safety course or an advanced boating safety course.

2019-S3688A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3688A

SPONSOR: LAVALLE
 
TITLE OF BILL:

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

 
PURPOSE:

To provide for boating liability insurance reductions for those who take
boater safety courses.

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 78-a of the Navigation Law by providing the
authority for insurance carriers to grant rate reductions with the
approval of the Department of Financial Services for boat owners who
complete a boating safety course or an advanced boating safety course.

Section 2. Amends the Insurance Law by adding a new section 2336-b
providing that rate schedules submitted to the Commissioner for boat
liability insurance shall provide for an appropriate reduction in premi-
um charges, as described in section 78-a of the navigation law, for
insured owners who successfully complete a boating safety course or an
advanced boating course. This legislation would not apply to those cases
in which mandatory courses are taken in response to boating infractions.

Defines the following terms for the purpose of this section: (1) "boat";
(2) "boating safety course" or "advanced boating safety course" and (3)
"boating safety certificate".

Once approved by the Superintendent, an insurer shall upon submission of
a completion certificate by an insured, provide an actuarially appropri-
ate reduction of the premium for such insured's yacht or boating liabil-
ity insurance.  The Superintendent may establish, by rule or otherwise,
standards or guidelines to be used to accomplish the provisions of this
act.

Section 3. Effective date.

 
JUSTIFICATION:

Owning and operating a pleasure boat can provide many hours of enjoyment
and summertime pleasure. However, there are many perils and responsibil-
ities which arise when a boat leaves the dock not only from the elements
but also from other water craft. There are rules and basic procedures
which boat operators should know and observe. This bill would provide an
incentive to learn and follow those safety rules and procedures by
giving owners who complete basic or advanced boating safety courses a
reduction in boating liability insurance.

 
LEGISLATIVE HISTORY:

2017-18 5.2985/A.2336;

2015-16 S.789A/A.584A;

2013-14 S.2022/A.1930;

2012 S.7855

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2019-S3688A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3688--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced by Sens. LAVALLE, GALLIVAN -- 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
   Insurance in accordance with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
   § 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.
   §  2.  The  insurance law is amended by adding a new section 2336-b to
 read as follows:
   § 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.

                                                            LBD03183-03-0

 S. 3688--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, SHALL 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 TO ACCOMPLISH THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

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Senate Bill S3688A

Share this bill

Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Patrick M. Gallivan

2019-S3688 - Details

2019-S3688 - Summary

2019-S3688 - Sponsor Memo

2019-S3688 - Bill Text download pdf

co-Sponsors

David Carlucci

Patrick M. Gallivan

James Gaughran

2019-S3688A (ACTIVE) - Details

2019-S3688A (ACTIVE) - Summary

2019-S3688A (ACTIVE) - Sponsor Memo

2019-S3688A (ACTIVE) - Bill Text download pdf

Comments