senate Bill S6360

2011-2012 Legislative Session

Requires proof of clear and convincing evidence that damages, injury or loss arose from a navigation pilot's gross negligence or willful misconduct

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 01, 2012 referred to cultural affairs, tourism, parks and recreation

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S6360 - Bill Details

See Assembly Version of this Bill:
A9049
Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Navigation Law
Laws Affected:
Amd §97, Nav L

S6360 - Bill Texts

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Requires proof of clear and convincing evidence that damages, injury or loss arose from a navigation pilot's gross negligence or willful misconduct.

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BILL NUMBER:S6360

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.

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

                                  6360

                            I N  S E N A T E

                            February 1, 2012
                               ___________

Introduced by Sens. SAVINO, LANZA -- 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.
                                                           LBD13690-01-2

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