NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5415a
SPONSOR: Thiele (MS)
 
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 bill.
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.
STATE OF NEW YORK
________________________________________________________________________
5415--A
Cal. No. 205
2019-2020 Regular Sessions
IN ASSEMBLY
February 12, 2019
___________
Introduced by M. of A. THIELE, JEAN-PIERRE, GALEF, GRIFFIN -- Multi-
Sponsored by -- M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Insurance -- advanced to a third reading, passed by
Assembly and delivered to the Senate, recalled from the Senate, vote
reconsidered, bill amended, ordered reprinted, retaining its place on
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:
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
20 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.
LBD03183-04-0
A. 5415--A 2
1 apply to attendance at a course pursuant to sections forty-five or
2 forty-nine of the navigation law as a result of any boating infraction.
3 (b) For the purposes of this section:
4 (1) the term "boat" shall mean any residential or pleasure vessel that
5 is not a crew racing shell as defined in section two of the navigation
6 law.
7 (2) the term "boating safety course" or "advanced boating safety
8 course" shall mean a course of instruction or advanced course of
9 instruction that has been approved by the commissioner of parks, recre-
10 ation and historic preservation pursuant to section seventy-nine of the
11 navigation law.
12 (3) the term "boating safety certificate" shall mean a document which
13 cannot be altered and which is provided to a person who successfully
14 completes a boating safety course or advanced boating safety course
15 pursuant to section seventy-eight of the navigation law.
16 (c) An insurer, upon approval of the superintendent, shall upon
17 submission of a completion certificate by an insured, provide an actuar-
18 ially appropriate reduction of the premium for such insured's yacht or
19 boating liability insurance.
20 (d) The superintendent may establish, by rule or otherwise, standards
21 or guidelines to be used to accomplish the provisions of this section.
22 § 3. This act shall take effect on the first of January next succeed-
23 ing the date on which it shall have become a law. Effective immediately,
24 the addition, amendment and/or repeal of any rule or regulation neces-
25 sary for the implementation of this act on its effective date are
26 authorized to be made and completed on or before such effective date.