Bill Text: NY S07708 | 2015-2016 | General Assembly | Amended


Bill Title: Requires the owners of passenger carrying public vessels intending to operate on the navigable waters of the state to obtain marine protection and indemnity insurance; requires proof of insurance to be produced and displayed by the owner or operator of such public vessel upon request of a person having authority to enforce the provisions of the navigation law; enhances regulation of marine protection and indemnity insurance by the department of financial services.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2016-05-31 - PRINT NUMBER 7708A [S07708 Detail]

Download: New_York-2015-S07708-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         7708--A
                    IN SENATE
                                      May 12, 2016
                                       ___________
        Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cultural Affairs, Tourism,
          Parks and Recreation -- 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
          requiring the owners of certain public vessels intending to operate on
          the  navigable  waters  of  the  state to obtain marine protection and
          indemnity insurance
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.   The navigation law is amended by adding a new section 51
     2  to read as follows:
     3    § 51. Owners to obtain insurance. 1. For the purposes of this section,
     4  "public vessel" shall mean and include every vessel which  is  propelled
     5  in  whole  or  in  part  by mechanical power and is used or operated for
     6  commercial purposes on the navigable  waters  of  this  state;  that  is
     7  primarily  carrying  passengers;  for  which  compensation  is received,
     8  either directly or where provided as an accommodation, advantage, facil-
     9  ity or privilege at any place of public accommodation, resort or  amuse-
    10  ment.
    11    2.  Prior to the operation of a public vessel, it shall be the duty of
    12  the owner of a public vessel which he or she intends to operate  on  the
    13  navigable  waters  of  the  state  to  obtain, from an insurance carrier
    14  authorized to do business in  this  state  or  through  an  excess  line
    15  broker,  pursuant  to  section  two thousand one hundred eighteen of the
    16  insurance law, marine protection and indemnity insurance, as defined  in
    17  paragraph  twenty-one  of  subsection  (a)  of  section one thousand one
    18  hundred thirteen of the insurance law. No owner of a public vessel shall
    19  operate or permit the same to be operated upon  navigable  waterways  of
    20  the  state  without having in full force and effect the liability insur-
    21  ance coverage required by this section, and no person  shall  operate  a
    22  public  vessel upon the navigable waterways of this state with knowledge
    23  that such insurance is not in full force and effect.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15020-05-6

        S. 7708--A                          2
     1    3. The owner of such public vessel shall file with  the  commissioner,
     2  for each public vessel intended to be so operated, evidence of insurance
     3  as  required  pursuant to subdivision one of this section, as prescribed
     4  by the commissioner.
     5    4.  The  minimum  coverage  for such insurance as required pursuant to
     6  subdivision one of this section shall be equal to  one  million  dollars
     7  per  occurrence.    Owners may voluntarily procure coverage in excess of
     8  such amount.
     9    5. A violation of this section is  a  misdemeanor  punishable  as  set
    10  forth in subdivision two of section seventy-three-b of this article.
    11    §  2.  Section  50 of the navigation law, as amended by chapter 672 of
    12  the laws of 1962, is amended to read as follows:
    13    § 50. Owners to notify inspector and apply for inspection. It shall be
    14  the duty of the owner of a public vessel which  he  or  she  intends  to
    15  operate  on the navigable waters of the state to notify the inspector of
    16  such intention at least one month before it  is  desired  to  place  the
    17  vessel  in operation and to request an inspection of such vessel.  Proof
    18  of insurance on a public vessel, as  defined  and  required  by  section
    19  fifty-one  of this part, shall accompany such notification. Upon receipt
    20  of such notification and, if required, proof of insurance, the inspector
    21  shall enter the application on the records  of  his  or  her  office.  A
    22  temporary permit to operate such vessel pending inspection may be issued
    23  by  the  inspector, if he or she finds through documentary evidence that
    24  such vessel is properly insured pursuant to this section,  and  equipped
    25  and  manned  for the safety of life and property. No public vessel shall
    26  be used or operated without a certificate of inspection or  a  temporary
    27  permit as herein provided.
    28    §  3.  The  navigation  law is amended by adding a new section 63-a to
    29  read as follows:
    30    § 63-a. Proof of insurance. 1. Proof of insurance as required by  this
    31  part  shall  be  produced  and  displayed  by the owner or operator of a
    32  public vessel, as defined in subdivision one  of  section  fifty-one  of
    33  this article, upon the request of any person having authority to enforce
    34  the  provisions  of this chapter. The failure to produce such proof upon
    35  the request of any such person shall not be  an  offense  but  shall  be
    36  presumptive  evidence  that  the public vessel is being operated without
    37  having such insurance in force and effect.
    38    2. Proof of insurance as required by this section  shall  be  produced
    39  and  displayed  by  the  owner  or operator of such public vessel to any
    40  person who has suffered or claims to have suffered either personal inju-
    41  ry or property damage as a result of the operation of such public vessel
    42  by the owner or operator. It shall be  an  affirmative  defense  to  any
    43  prosecution  for  a violation of this subdivision that such proof was so
    44  produced or displayed within twenty-four hours of  receiving  notice  of
    45  such injury or damage, or the claim of such injury or damage.
    46    §  4. Section 73-b of the navigation law, as amended by chapter 320 of
    47  the laws of 2007, is amended to read as follows:
    48    § 73-b. Misdemeanors. 1.  Every  person  convicted  of  a  misdemeanor
    49  pursuant  to  any  of  the  provisions of this chapter for which another
    50  penalty is not provided shall for a first conviction thereof be punished
    51  by a fine of not less than two hundred fifty nor more than five  hundred
    52  dollars  or  by a period of imprisonment of not more than thirty days or
    53  by both such fine  and  imprisonment;  for  a  conviction  of  a  second
    54  violation,  both  of which were committed within a period of twenty-four
    55  months, such person shall be punished by a fine of not  less  than  five
    56  hundred  nor  more than one thousand five hundred dollars or by a period

        S. 7708--A                          3
     1  of imprisonment of not more than sixty days or by  both  such  fine  and
     2  imprisonment;  upon a conviction of a third or subsequent violation, all
     3  of which were committed within a  period  of  twenty-four  months,  such
     4  person  shall  be  punished by a fine of not less than one thousand five
     5  hundred nor more than two thousand five hundred dollars or by  a  period
     6  of imprisonment of not more than one hundred twenty days or by both such
     7  fine and imprisonment.
     8    2.  Every person convicted of a misdemeanor for a violation of section
     9  fifty-one of this article  shall  for  a  first  conviction  thereof  be
    10  punished  by  a  fine  of  not less than five thousand nor more than ten
    11  thousand dollars, or by a period of imprisonment of not more than ninety
    12  days, or by both such fine and imprisonment.
    13    § 5. The navigation law is amended by adding a  new  section  73-d  to
    14  read as follows:
    15    §  73-d. Operating without insurance. In addition to the penalties set
    16  forth in this part, any owner found to  be  operating  a  public  vessel
    17  without  insurance  as  set  forth in section fifty-one of this article,
    18  shall have the certificate of inspection or temporary  permit  for  such
    19  vessel revoked for a period of no less than one year.
    20    §  6.  Section  13 of the navigation law, as amended by chapter 843 of
    21  the laws of 1980, is amended to read as follows:
    22    § 13. Inspector; duties. The inspector shall  annually,  and  at  such
    23  other  times  as  he shall deem it expedient, or as the commissioner may
    24  direct, inspect every public vessel, except vessels  which  navigate  on
    25  waters  over  which  the  United  States  exercises  active control. The
    26  inspector shall carefully examine the hull, the propelling and auxiliary
    27  machinery, the electrical apparatus and the vessel's equipment. He shall
    28  require such changes, repairs and improvements to be made as he may deem
    29  expedient for the contemplated route. No vessel, or propelling machinery
    30  thereof shall be allowed to be used if constructed in whole, or in part,
    31  of defective material, or which because of its  form,  design,  workman-
    32  ship,  age, use or for any other reason is unsafe. He shall also fix the
    33  number of passengers  that  may  be  transported.  The  inspector  shall
    34  require  that  the boilers, on all public vessels which are propelled by
    35  steam engines, be inspected and approved for  safety  of  operations  by
    36  inspectors of the New York State Department of Labor, Bureau of Boilers.
    37  Every  boiler and appurtenances thereof shall be constructed, maintained
    38  and operated in accordance with the Department of Labor rules and  regu-
    39  lations  pertaining  to boilers.   The inspector shall ascertain whether
    40  the vessel has insurance coverage  as  required  by  this  chapter.  The
    41  inspector  shall  also, whenever he deems it expedient, visit any vessel
    42  licensed under this chapter and  examine  into  her  condition  for  the
    43  purpose  of  ascertaining  whether  or  not  any party thereon, having a
    44  certificate, or license, from the inspector, has conformed to and obeyed
    45  the conditions of such certificate, and the provisions of this  chapter.
    46  The  owner,  master, pilot, engineer or joint pilot and engineer of such
    47  vessel, shall answer all reasonable questions and give all the  informa-
    48  tion in his or their power in regard to said vessel, or its machinery or
    49  equipment  and  the  manner of managing the same. The inspector provided
    50  for in this chapter is authorized to make further rules and  regulations
    51  applying generally to all vessels, or especially to one or more of them.
    52  In  framing  rules  for  the  government  of  managers  and employees on
    53  vessels, the inspector shall, as far as practicable, be governed by  the
    54  general  rules  and  regulations  prescribed  by the United States coast
    55  guard.  The inspector shall have the power to issue a uniform navigation

        S. 7708--A                          4
     1  summons and/or complaint for violations of  the  provisions  of  article
     2  four of this chapter which are applicable to vessels.
     3    §  7.  Section  63 of the navigation law, as amended by chapter 672 of
     4  the laws of 1962, is amended to read as follows:
     5    § 63. Certificate of inspection. The inspector, if  satisfied  that  a
     6  public vessel is in all respects safe and conforms to the requirement of
     7  this  chapter,  shall  make and subscribe duplicate certificates setting
     8  forth the  name  and  number  of  the  vessel,  its  age,  the  date  of
     9  inspection,  the  name of the owner, the number of licensed officers and
    10  crew necessary to manage the vessel  with  safety,  equipment  required,
    11  number  of  insurance  policy  as  required by section fifty-one of this
    12  part, and name of such insurer, and any special restrictions or  remarks
    13  pertaining  to  the operation of the vessel and the number of passengers
    14  she can safely carry, and, if a steam vessel, the age of the boiler  and
    15  the  pressure  of  steam she is authorized to carry. One of said certif-
    16  icates shall be kept posted in some conspicuous place on the  vessel  to
    17  be  designated  by the inspector and the other copy shall be kept by the
    18  inspector and by him recorded in a book to be kept for that purpose.  If
    19  the inspector refuses to grant a certificate of approval, he shall  make
    20  a statement in writing, giving his reasons for such refusal, and deliver
    21  the  same  to  the owner or master of the vessel. The posting of certif-
    22  icates of inspection shall not be required on vessels of less  than  ten
    23  tons  burden.  However  said  certificates  must  be aboard whenever the
    24  vessel is in operation.
    25    § 8. Subsection (b) of section 1115 of the insurance law,  as  amended
    26  by chapter 727 of the laws of 2006, is amended to read as follows:
    27    (b)  This  section  shall  not apply to the insurance of marine risks,
    28  marine protection and indemnity risks associated with marine  protection
    29  and  indemnity insurance which is not required under article four of the
    30  navigation law, workers' compensation, employers' liability risks, mort-
    31  gage guaranty risks, financial guaranty risks,  risks  insured  for  any
    32  dollar  level  of  first  party  benefits  provided  pursuant to article
    33  fifty-one of this chapter, certificates of title, guaranties of title or
    34  policies of title insurance, or those insurers subject to the provisions
    35  of subsection (c) of section two thousand three hundred  forty-three  of
    36  this chapter.
    37    §  9.  Paragraph  5 of subsection (a) of section 2302 of the insurance
    38  law, as amended by chapter 614 of the laws of 1997, is amended  to  read
    39  as follows:
    40    (5)  marine  protection and indemnity insurance, which is not required
    41  under the provisions of article four of the navigation law;
    42    § 10. Subsection (b) of section 3103 of the insurance law  is  amended
    43  to read as follows:
    44    (b)  No policy of insurance or contract of annuity delivered or issued
    45  for delivery in this state shall provide that the rights or  obligations
    46  of  the  insured  or  of any person rightfully claiming thereunder, with
    47  respect to:
    48    (1) a policy of life, accident and health  insurance  or  contract  of
    49  annuity upon a person resident in this state,
    50    (2) a policy of insurance upon property then in this state, or
    51    (3)  the  liabilities  to  be  incurred  by the insured as a result of
    52  activity then carried on by the insured in this state,
    53  shall be governed by the laws of any jurisdiction other than this state.
    54  This subsection shall not apply to policies of marine and inland  marine
    55  insurance  as  defined  in paragraph twenty of subsection (a) of section
    56  one thousand one hundred thirteen of this chapter, but  shall  apply  to

        S. 7708--A                          5
     1  those  policies of marine protection and indemnity insurance, as defined
     2  in paragraph twenty-one of subsection (a) of section  one  thousand  one
     3  hundred  thirteen  of this chapter, that are required under article four
     4  of the navigation law.
     5    §  11. Section 4101 of the insurance law, subsection (b) as amended by
     6  chapter 626 of the laws of 2006, is amended to read as follows:
     7    § 4101. Definitions. In this article: (a) "Basic kinds  of  insurance"
     8  means  the  kinds  of insurance described in the following paragraphs of
     9  subsection (a) of section one thousand  one  hundred  thirteen  of  this
    10  chapter numbered therein as set forth in parentheses below:
    11    fire (4);
    12    burglary and theft (7);
    13    glass (8);
    14    boiler and machinery (9);
    15    elevator (10);
    16    animal (11);
    17    personal injury liability (13);
    18    property damage liability (14) - basic as to stock companies only;
    19    workers' compensation and employers' liability (15);
    20    fidelity and surety (16);
    21    credit (17);
    22    marine and inland marine (20);
    23    marine  protection  and indemnity (21) [- basic as to mutual companies
    24  only].
    25    (b) "Non-basic kinds  of  insurance"  means  the  kinds  of  insurance
    26  described  in  the following paragraphs of subsection (a) of section one
    27  thousand one hundred thirteen of this chapter numbered  therein  as  set
    28  forth in parentheses below:
    29    accident and health (item (i) of (3));
    30    non-cancellable disability (item (ii) of (3));
    31    miscellaneous property (5);
    32    water damage (6);
    33    collision (12);
    34    property  damage  liability  (14)  -  non-basic as to mutual companies
    35  only;
    36    motor vehicle and aircraft physical damage (19);
    37    inland marine as specified in marine and inland marine (20);
    38    [marine protection and indemnity (21) - non-basic as to  stock  compa-
    39  nies only;]
    40    residual value (22);
    41    credit unemployment (24);
    42    gap (26);
    43    prize indemnification (27);
    44    service contract reimbursement (28);
    45    legal services insurance (29);
    46    involuntary unemployment insurance (30);
    47    salary protection insurance (31).
    48    §  12. Subsection (a) of section 2105 of the insurance law, as amended
    49  by section 9 of part I of chapter 61 of the laws of 2011, is amended  to
    50  read as follows:
    51    (a)  The  superintendent  may issue an excess line broker's license to
    52  any person, firm, association or corporation who or which is licensed as
    53  an insurance broker under section two thousand one hundred four of  this
    54  article,  or  who  or  which is licensed as an excess line broker in the
    55  licensee's home state, provided,  however,  that  the  applicant's  home
    56  state  grants  non-resident  licenses  to residents of this state on the

        S. 7708--A                          6
     1  same basis, except that reciprocity is not required  in  regard  to  the
     2  placement  of liability insurance on behalf of a purchasing group or any
     3  of its members; authorizing such person,  firm,  association  or  corpo-
     4  ration to procure, subject to the restrictions herein provided, policies
     5  of insurance from insurers which are not authorized to transact business
     6  in  this state of the kind or kinds of insurance specified in paragraphs
     7  four through fourteen, sixteen, seventeen, nineteen, twenty, twenty-one,
     8  twenty-two, twenty-seven, twenty-eight and thirty-one of subsection  (a)
     9  of  section  one  thousand  one  hundred thirteen of this chapter and in
    10  subsection (h) of this section, provided, however, that  the  provisions
    11  of  this  section  and section two thousand one hundred eighteen of this
    12  article shall not apply to ocean marine insurance and other contracts of
    13  insurance enumerated in subsections (b) and (c) of section two  thousand
    14  one  hundred seventeen of this article. Such license may be suspended or
    15  revoked by the superintendent whenever  in  his  or  her  judgment  such
    16  suspension  or  revocation will best promote the interests of the people
    17  of this state.
    18    § 13. This act shall take effect on the sixtieth day  after  it  shall
    19  have  become  a  law; provided, however, that effective immediately, the
    20  addition, amendment and/or repeal of any rule  or  regulation  necessary
    21  for  the implementation of this act on its effective date are authorized
    22  and directed to be made and completed on or before such effective date.
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