NY State Senate Bill 2015-S789A

Senate Bill S789A

2015-2016 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 - In Senate Committee Rules Committee

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
Jun 17, 2016	committed to rules
Jun 06, 2016	amended on third reading 789a
Feb 02, 2016	advanced to third reading
Feb 01, 2016	2nd report cal.
Jan 26, 2016	1st report cal.69
Jan 06, 2016	referred to cultural affairs, tourism, parks and recreation
Jun 25, 2015	committed to rules
May 05, 2015	advanced to third reading
May 04, 2015	2nd report cal.
Apr 29, 2015	1st report cal.488
Jan 07, 2015	referred to cultural affairs, tourism, parks and recreation

Votes

- Jan 26, 2016 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S789A
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: Jan 26, 2016
      
      aye (13)
      
      Avella
      
      Funke
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Little
      
      Marcellino
      
      Marchione
      
      Persaud
      
      Ritchie
      
      Sanders Jr.
      
      Serino
      
      Serrano
  Apr 29, 2015 - Cultural Affairs, Tourism, Parks And Recreation Committee Vote
  S789A
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cultural Affairs, Tourism, Parks And Recreation Committee Vote: Apr 29, 2015
      
      aye (13)
      
      Avella
      
      Bonacic
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Little
      
      Marcellino
      
      Marchione
      
      Parker
      
      Ritchie
      
      Sanders Jr.
      
      Serino
      
      Serrano

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S789 - Details

See Assembly Version of this Bill:: A584
Current Committee:: Senate Rules
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
2017-2018: S2985, A2336
2019-2020: S3688, A5415

2015-S789 - Summary

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

2015-S789 - Sponsor Memo

                                BILL NUMBER:S789

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 extend a minimum of a 10%
reduction of liability insurance rates for boat owners who complete
basic boating safety courses and 15% reduction for those who take
advanced boating safety courses.

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 include premium reductions of at least 10%
and 15% respectively when owners complete basic or advanced boating
courses. This legislation would not apply to those cases in which

mandatory courses are taken in response to boating infractions.

JUSTIFICATION:

Owning and operating a pleasure boat can provide many hours of
enjoyment and summertime pleasure. However, there are many perils and
responsibilities 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 minimum 10% or 15% percent reduction in boating
liability insurance.

LEGISLATIVE HISTORY:

2013-14 S.2022/A.1930;
2012 S.7855

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

Immediately and shall apply to all policies and contracts issued,
modified or altered on and after such effective date.

2015-S789 - Bill Text download pdf

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

    S. 789                                                    A. 584

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN  SENATE -- Introduced by Sens. LAVALLE, DeFRANCISCO -- 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 -- 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:
  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.    IN  NO
EVENT  SHALL THE RATE REDUCTION BE LESS THAN TEN PERCENT FOR ANY INSURED
WHO HAS COMPLETED A BOATING SAFETY COURSE AND FIFTEEN  PERCENT  FOR  ANY
INSURED WHO HAS COMPLETED AN ADVANCED BOATING SAFETY COURSE.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00821-01-5

S. 789                              2                             A. 584

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
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 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.
  S  3.  This  act  shall take effect immediately and shall apply to all
policies and contracts issued, renewed, modified or altered on and after
such effective date.

co-Sponsors

2015-S789A (ACTIVE) - Details

See Assembly Version of this Bill:: A584
Current Committee:: Senate Rules
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
2017-2018: S2985, A2336
2019-2020: S3688, A5415

2015-S789A (ACTIVE) - Summary

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

2015-S789A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S789A

 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
premium 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
responsibilities 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 a boating safety course
or an advanced boating safety courses a reduction in boating liability
insurance.

 LEGISLATIVE HISTORY :

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; provided, however, that
effective immediately, any actions necessary to be taken for the
implementation of provisions of this act on its effective ate are
authorized and directed to be completed on or before such effective
date.

2015-S789A (ACTIVE) - Bill Text download pdf

                            
                    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.

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Senate Bill S789A

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Tony Avella

John A. DeFrancisco

Timothy M. Kennedy

2015-S789 - Details

2015-S789 - Summary

2015-S789 - Sponsor Memo

2015-S789 - Bill Text download pdf

co-Sponsors

Tony Avella

John A. DeFrancisco

Timothy M. Kennedy

2015-S789A (ACTIVE) - Details

2015-S789A (ACTIVE) - Summary

2015-S789A (ACTIVE) - Sponsor Memo

2015-S789A (ACTIVE) - Bill Text download pdf

Comments