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S6360Senate2011-2012 SessionSame asA9049

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

Sponsor Diane J. SavinoSD-23+1 co-sponsorAffects Environment & Energy
Status
In Senate Committee
Cultural Affairs, Tourism, Parks And Recreation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Cultural Affairs, Tourism, Parks And Recreation

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Who cares

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Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

Chair, Children And Families

1 Co-sponsor

History

  1. Referred to cultural affairs, tourism, parks and recreation

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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, 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.