Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 21, 2014 |
print number 4855b |
Feb 21, 2014 |
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 |
Jun 11, 2013 |
amend and recommit to cultural affairs, tourism, parks and recreation |
Apr 26, 2013 |
referred to cultural affairs, tourism, parks and recreation |
Senate Bill S4855B
2013-2014 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
Votes
Bill Amendments
2013-S4855 - Details
- See Assembly Version of this Bill:
- A6978
- 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
2013-S4855 - 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
2013-S4855 - Bill Text download pdf
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
2013-S4855A - Details
- See Assembly Version of this Bill:
- A6978
- 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
2013-S4855A - 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
2013-S4855A - Bill Text download pdf
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
2013-S4855B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6978
- 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
2013-S4855B (ACTIVE) - 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
2013-S4855B (ACTIVE) - Bill 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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