senate Bill S4855A

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:
A6978A
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:S4855A

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

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

EXISTING LAW: None

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,

LEGISLATIVE HISTORY: New Legislation in the 2012 Session

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--A

                       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 -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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. A STATE PILOT IS A SERVANT AND/OR AGENT  OF  THE  VESSEL  AND  ITS
OWNER  AND  OPERATOR  ONLY FOR THE PURPOSE OF A DEFENSE TO LIABILITY FOR
PILOTAGE SERVICES RENDERED PURSUANT TO THIS SECTION.
  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.
                                                           LBD07997-02-3

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