Relates to liability of pilots.
Ayes (61): Adams, Addabbo, Avella, Ball, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Bonacic
Excused (1): Sampson
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.
STATE OF NEW YORK ________________________________________________________________________ 4855--A 2013-2014 Regular Sessions IN SENATE 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