Relates to boating liability insurance rates

9 Co-sponsors

• Amy Paulin
• Audrey Pheffer
• Adam Clayton Powell IV
• Joseph Errigo
• Robert Sweeney
• Thomas Alfano
• Joseph Giglio
• Dierdre Scozzafava
• Mike Spano

21 Multi-sponsors

• James Bacalles
• Robert Barra
• William Colton
• Vivian Cook
• Clifford Crouch
• Janet Duprey
• Gary Finch
• Dennis H. Gabryszak
• Janele Hyer-Spencer
• Tony Jordan
• William Magee
• Nettie Mayersohn
• David McDonough
• John McEneny
• Thomas McKevitt
• Joel Miller
• Joseph Morelle
• Andrew Raia
• Addie Jenne
• Joseph Saladino
• Fred Thiele

BILL NUMBER:A6341A

Title of bill

An act to amend the insurance law, in relation to boat- ing liability insurance rates

Purpose or general idea of bill

To reduce the number of boating acci- dents by requiring that insurance carriers licensed to issue yacht or boating liability insurance in this state, grant actuarially appropriate rate reductions to any owner of a yacht or boat who has successfully completed a boating safety course that was approved by the Commission of Parks.

Summary of specific provisions

This bill creates a new section 2336-b of the Insurance law. Section 1 provides that any schedule of rates or rating plan for yacht or boating liability insurance submitted to the superintendent shall provide for an actuarially appropriate reduction in premium charges for any insured who has successfully Completed a boating safety course which has been approved by the Commissioner of Parks, Recreation and Historic Preservation.

Section 2 provides that the new law shall take effect immediately and shall apply to all policies and contracts issued, renewed, modified or altered on or after the effective date.

Currently, Navigation Law, Section 78-a authorizes, but does not require, licensed insurance carriers to grant premium reductions to any yacht and boat owner who has successfully completed a boating safety course or holds a valid United States Coast Guard operators license. Insurance Law §2336-a authorizes licensed insurance carriers to grant actuarially appropriate rate reductions to any insured person who has successfully completed a snowmobile safety course that has been approved by the Commissioner of Parks, Recreation and Historic Preservation. This legislation would be similar for boating insurance as it is for snowmo- bile.

Justification

The noticeable increase in boat traffic within and surrounding New York's waterway has led to an increased potential for boating accidents. Many municipalities have maritime police and patrols and emergency response units, but there is not enough emphasis placed on accident prevention through education. The State Office of Parks, Recre- ation and Historic Preservation maintains a list of offerings of the New York State Safety Boating Course, but related sections of the Navigation Law are focused on youthful boat operators and operators of personal watercraft.

Both New Jersey and Connecticut already require that the operator of a boat possess a certificate showing that he or she has Passed an approved boating safety course. However, legislative proposals to require New York boat operators to pass boating safety courses have so far not met with approval - even when drafted to affect only certain areas of the state, such as Westchester County, with heavily trafficked waterways.

This legislation would encourage New York boat owners to take boating safety courses by qualifying them for reduced liability insurance premi- ums. Assuring that boat owners are better educated is an important first step in reaching all boat operators. The result will be better educated boaters and safer waterways.

Prior legislative history

A.2160 and S.2381 of 2007/2008 A.5207 and S.4465 of 2005/2006 A.6878 and S.4247 of 2003/2004 A. 9899 of 2001/2002

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall apply to all policies and contracts issued, renewed, modified or altered on