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Assembly Bill A9049

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 Assembly Committee

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2011-A9049 (ACTIVE) - Details

See Senate Version of this Bill:
S6360
Current Committee:
Assembly Transportation
Law Section:
Navigation Law
Laws Affected:
Amd ยง97, Nav L
Versions Introduced in 2013-2014 Legislative Session:
A6978, S4855

2011-A9049 (ACTIVE) - Summary

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

2011-A9049 (ACTIVE) - Bill Text download pdf 

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

                                  9049

                          I N  A S S E M B L Y

                            January 17, 2012
                               ___________

Introduced  by M. of A. CUSICK, TOBACCO -- read once and referred to the
  Committee on Transportation

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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