senate Bill S4855B

2013-2014 Legislative Session

Relates to liability of pilots

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 21, 2014 print number 4855b
amend and recommit to cultural affairs, tourism, parks and recreation
Jan 08, 2014 referred to cultural affairs, tourism, parks and recreation
returned to senate
died in assembly
Jun 18, 2013 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1447
committee discharged and committed to rules
Jun 11, 2013 print number 4855a
amend and recommit to cultural affairs, tourism, parks and recreation
Apr 26, 2013 referred to cultural affairs, tourism, parks and recreation

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S4855 - Bill Details

See Assembly Version of this Bill:
A6978B
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 Session:
S6360, A9049

S4855 - Bill Texts

view summary

Relates to liability of pilots.

view 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

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                    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

S4855A - Bill Details

See Assembly Version of this Bill:
A6978B
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 Session:
S6360, A9049

S4855A - Bill Texts

view summary

Relates to liability of pilots.

view 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.

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                    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

S4855B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6978B
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 Session:
S6360, A9049

S4855B (ACTIVE) - Bill Texts

view summary

Relates to liability of pilots.

view sponsor memo
BILL NUMBER:S4855B

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 makes the state licensed pilot a servant and/or agent of a
vessel for the sole purpose of a defense to liability while providing
pilotage services pursuant to the statute.

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
the pilot is a servant of the vessel and its owner and/or operator and
is not to be held personally liable. Accordingly, in order to maintain
and promote an efficient State pilotage system, state licensed pilots
should be afforded the same protection. 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4855--B

                       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 -- recommitted
  to the Committee on Cultural Affairs, Tourism, Parks and Recreation in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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, DEMISE CHARTERER 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.
                                                           LBD07997-05-4

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