senate Bill S4855

Amended

Relates to liability of pilots

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 26 / Apr / 2013
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 11 / Jun / 2013
    • AMEND AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 11 / Jun / 2013
    • PRINT NUMBER 4855A
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1447
  • 18 / Jun / 2013
    • PASSED SENATE
  • 18 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 21 / Feb / 2014
    • AMEND AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 21 / Feb / 2014
    • PRINT NUMBER 4855B

Summary

Relates to liability of pilots.

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Bill Details

See Assembly Version of this Bill:
A6978
Versions:
S4855
S4855A
S4855B
Legislative Cycle:
2013-2014
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Navigation Law
Laws Affected:
Amd §97, Nav L
Versions Introduced in 2011-2012 Legislative Cycle:
S6360, A9049, S6360

Sponsor Memo

BILL NUMBER:S4855

TITLE OF BILL: An act to amend the navigation law, in relation to the
liability of pilots

PURPOSE OR GENERAL IDEA OF BILL:

This bill requires any person initiating litigation against a state
licensed pilot establish by clear and convincing evidence that
damages, injury or loss arose from the state pilot's gross negligence
or willful misconduct.

SUMMARY OF SPECIFIC PROVISIONS:

Amends § 97 of the navigation Law by adding a new subdivision as to
the liability of state pilots.

JUSTIFICATION:

In order to promote commerce, prevent pollution and protect the
environment, the State requires all vessels arriving from or departing
to foreign ports to take a State licensed pilot. The Federal
government also licenses pilots for providing pilotage services.
Contractual indemnification is provided to the federal pilots because
of the voluntary nature of such pilotage. As such, federally licensed
pilots are not subject to liability, unless there is proof of gross
negligence or willful misconduct. Accordingly, in order to maintain
and promote an efficient State pilotage system, state licensed pilots
should be afforded the same protections. The proposed amendment does
not limit, restrict or prevent any statutory actions and/or authority
provided to the Board of Commissioners of Pilots of the State of
New-York under New York navigation Law or any other State or Federal
Agency.

PRIOR LEGISLATIVE HISTORY:

2011-2012: A.9049: Died in Transportation. S.6360: Died in Cultural
Affairs, Tourism, Parks and Recreation.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect 30 days after becoming law

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

                                  4855

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation

AN ACT to amend the navigation law, in  relation  to  the  liability  of
  pilots

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 97 of the navigation law is amended  by  adding  a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ANY
PERSON SEEKING TO HOLD A PILOT PROVIDING SERVICES PURSUANT TO A  LICENSE
ISSUED  UNDER  THE AUTHORITY OF THIS ARTICLE, LIABLE FOR DAMAGES, INJURY
OR LOSS OCCASIONED BY THE PILOT'S ERRORS, OMISSIONS, FAULT  OR  NEGLECT,
SHALL  BE  REQUIRED  TO  PROVE BY CLEAR AND CONVINCING EVIDENCE THAT THE
DAMAGES, INJURY OR LOSS AROSE FROM THE PILOT'S GROSS NEGLIGENCE OR WILL-
FUL MISCONDUCT.
  S 2.  This act shall take effect on the thirtieth day after  it  shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07997-01-3

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