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S03688 Summary:

S03688 Actions:

S03688 Committee Votes:

S03688 Floor Votes:

S03688 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3688--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     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.
                                                                   LBD03183-03-0
        S. 3688--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.