Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 01, 2012 |
referred to cultural affairs, tourism, parks and recreation |
Senate Bill S6360
2011-2012 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, C, IP, RFM) 24th Senate District
2011-S6360 (ACTIVE) - 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
- Versions Introduced in 2013-2014 Legislative Session:
-
S4855, A6978
2011-S6360 (ACTIVE) - Sponsor Memo
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,
2011-S6360 (ACTIVE) - Bill Text download pdf
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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