Bill Text: NY A02336 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed - Dead) 2018-02-13 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [A02336 Detail]

Download: New_York-2017-A02336-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 2985                                                  A. 2336
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    January 18, 2017
                                       ___________
        IN  SENATE -- Introduced by Sens. LAVALLE, DeFRANCISCO, 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,
          SALADINO -- 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:
     1    Section 1. Section 78-a of the navigation law, as added by chapter 160
     2  of  the  laws of 1990 and as further amended by section 104 of part A of
     3  chapter 62 of the laws of 2011, is amended to read as follows:
     4    § 78-a. Insurance rate reduction. Any insurance  carrier  licensed  to
     5  issue  yacht  or boating liability insurance in this state is authorized
     6  to grant rate reductions with the approval of the department  of  finan-
     7  cial  services  to  any  owner  of  a yacht or boat who has successfully
     8  completed a boating safety course or an advanced boating  safety  course
     9  or holds a valid United States Coast Guard operators license.
    10    §  2.  The  insurance law is amended by adding a new section 2336-b to
    11  read as follows:
    12    § 2336-b.  Boat  liability  insurance  rates;  premium  reductions  in
    13  certain cases. (a) Any schedule of rates or rating plan for boat liabil-
    14  ity  insurance  submitted  to  the  superintendent  shall provide for an
    15  appropriate reduction in premium charges, as described in section seven-
    16  ty-eight-a of the navigation law, for any insured who  has  successfully
    17  completed  a  boating safety course or an advanced boating safety course
    18  which meets the requirements of part five of article four of the naviga-
    19  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.
                                                                   LBD07151-01-7
        S. 2985                             2                            A. 2336
     1  and  historic  preservation.  The  provisions  of this section shall not
     2  apply to attendance at a  course  pursuant  to  sections  forty-five  or
     3  forty-nine of the navigation law as a result of any boating infraction.
     4    (b) For the purposes of this section:
     5    (1) the term "boat" shall mean any residential or pleasure vessel that
     6  is  not  a crew racing shell as defined in section two of the navigation
     7  law.
     8    (2) the term "boating  safety  course"  or  "advanced  boating  safety
     9  course"  shall  mean  a  course  of  instruction  or  advanced course of
    10  instruction that has been approved by the commissioner of parks,  recre-
    11  ation  and historic preservation pursuant to section seventy-nine of the
    12  navigation law.
    13    (3) the term "boating safety certificate" shall mean a document  which
    14  cannot  be  altered  and  which is provided to a person who successfully
    15  completes a boating safety course  or  advanced  boating  safety  course
    16  pursuant to section seventy-eight of the navigation law.
    17    (c)  An  insurer,  upon  approval  of  the  superintendent,  may  upon
    18  submission of a completion certificate by an insured, provide an actuar-
    19  ially appropriate reduction of the premium for such insured's  yacht  or
    20  boating liability insurance.
    21    (d)  The superintendent may establish, by rule or otherwise, standards
    22  or guidelines to be  used  by  the  superintendent  when  reviewing  the
    23  proposed boating safety course or an advanced boating safety course.
    24    §  3. This act shall take effect on the first of January next succeed-
    25  ing the date on which it shall have become  a  law;  provided,  however,
    26  that  effective  immediately,  any actions necessary to be taken for the
    27  implementation of the provisions of this act on its effective  date  are
    28  authorized  and  directed  to  be  completed on or before such effective
    29  date.