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S7314Senate2019-2020 SessionSame asA8949

Exempt Some Boats from Pilotage

Official title

“Relates to exempting certain vessels from the compulsory state pilotage requirement”

Sponsor Andrew J. LanzaSD-24
Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A8949

What's happening

This bill updates the definition reference for recreational vessels exempted from compulsory state pilotage requirements at the discretion of pilot commissioners.

Why it matters

  1. Clarifies which vessels qualify for pilotage exemptions by updating the reference in federal law. this reduces ambiguity for recreational vessel owners and state regulators regarding who is eligible for exemption.

  2. Ensures consistency with federal definitions. of "recreational vessel" as found in the most current section of the U.S. Code, minimizing legal confusion and potential enforcement disputes.

  3. Maintains the discretionary power of pilot commissioners. to exempt eligible recreational vessels, preserving local oversight and flexibility over navigation safety while aligning with updated legal language.

  4. Impacts yacht and large recreational boat operators. by potentially expanding or clarifying the group of vessels that can avoid compulsory pilotage (and its associated costs), which could affect both boating expenses and pilotage industry revenues.

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Who cares

Headline styles

Exempt Some Boats from Pilotage

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

No co-sponsors yet.

History

  1. Substituted by A8949
  2. Ordered to third reading cal.206
  3. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8949Assembly

Exempt Small Boats From Pilots

Signed by Governor · Sponsor Michael Cusick

Impact 3 · LowSigned into law

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7314

IN SENATE

January 17, 2020

Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the navigation law, in relation to exempting certain vessels from the compulsory state pilotage requirement

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 88 of the navigation law, as amended by a chapter of the laws of 2019, amending the navigation law relating to exempting certain vessels from the compulsory state pilotage requirement, as proposed in legislative bills numbers S. 4200-A and A. 6703-A, is amended to read as follows:

1. Every foreign vessel and every American vessel under register entering or departing from the Port of New York by the way of Sandy Hook or by the way of Sands Point or Execution Rocks, shall take a Sandy Hook pilot licensed under the authority of this article or of the laws of the state of New Jersey or a person heretofore licensed as a Hell Gate pilot. Notwithstanding the provisions of this subdivision, recreational vessels as defined in section 2101[(25)] (34) of title 46 of the United States Code of less than two hundred feet in length may be exempted from the compulsory state pilotage requirement at the discretion of the board of commissioners of pilots. Whenever the services of such a pilot are refused, the master, owners or consignees, shall pay pilotage as if one had been employed. Such pilotage shall be paid to the pilot first speaking or offering his services as pilot to such vessel. The pilotage authorized to be collected whenever a pilot shall be refused by a vessel shall be sued for and recovered in the name of the pilot tendering such service. Such pilotage, when recovered, shall belong to and may be retained by such pilot for his own benefit and use. Recreational vessels as defined in section 2101[(25)] (34) of title 46 of the United States Code may be exempted from the compulsory state pilotage requirement pursuant to this subdivision at the discretion of the board of commissioners of pilots.

§ 2. Subdivision 1 of section 89-a of the navigation law, as amended by a chapter of the laws of 2019, amending the navigation law relating

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09703-04-0

S. 7314 2

to exempting certain vessels from the compulsory state pilotage requirement, as proposed in legislative bills numbers S. 4200-A and A. 6703-A, is amended to read as follows:

1. Every foreign vessel and every American vessel under register, except vessels proceeding otherwise than by sea and of less than three hundred gross registered tons and having a fully loaded draft of seven feet or less, entering or departing from the Hudson river north of a line running from the foot of Main street, Yonkers, west to Alpine, New Jersey, or navigating any of the waters of the Hudson river north of said line and south of the dam at Troy, New York, shall take a Hudson river pilot licensed under the authority of this article. Notwithstanding the provisions of this subdivision, recreational vessels as defined in section 2101[(25)] (34) of title 46 of the United States Code of less than two hundred feet in length may be exempted from the compulsory state pilotage requirement at the discretion of the board of commissioners of pilots. Whenever the services of such a pilot are refused, the master, owners or consignees shall pay pilotage as if one had been employed. Such pilotage shall be paid to the pilot first speaking or offering his services as pilot to such vessel. The pilotage authorized to be collected whenever a pilot shall be refused by a vessel shall be sued for and recovered in the name of the pilot tendering such service. Such pilotage, when recovered, shall belong to and may be retained by such pilot for his own benefit and use. Recreational vessels as defined in section 2101[(25)] (34) of title 46 of the United States Code may be exempted from the compulsory state pilotage requirement pursuant to this subdivision at the discretion of the board of commissioners of pilots.

§ 3. Subdivision 1 of section 89-b of the navigation law, as amended by a chapter of the laws of 2019, amending the navigation law relating to exempting certain vessels from the compulsory state pilotage requirement, as proposed in legislative bills numbers S. 4200-A and A. 6703-A, is amended to read as follows:

1. Every foreign vessel and every American vessel under register transiting the New York state waters of Long Island Sound or Block Island Sound east of Execution Rocks or Sands Point, and any such vessels entering or departing from any port situated on the New York state waters of Long Island Sound east of Execution Rocks or Sands Point, shall take a Long Island-Block Island Sound pilot licensed under the authority of this article. Every foreign vessel and every American vessel under register transiting the New York state waters of Long Island Sound or Block Island Sound east of a line running southeasterly from the mouth of the Byram River at the New York-Connecticut boundary to Oak Neck Point on Long Island shall take a pilot licensed under the authority of this article or the laws of any other state having concurrent jurisdiction over these waters. Notwithstanding the provisions of this subdivision, recreational vessels as defined in section 2101[(25)] (34) of title 46 of the United States Code of less than two hundred feet in length may be exempted from the compulsory state pilotage requirement at the discretion of the board of commissioners of pilots. Whenever the services of such a pilot are refused, the master, owners or consignees shall pay pilotage as if one had been employed. The pilotage authorized to be collected whenever a pilot shall be refused by a vessel shall be sued for and recovered in the name of the pilot tendering such service. Such pilotage, when recovered, shall belong to and may be retained by such pilot for his own benefit and use. Recreational vessels as defined in section 2101[(25)] (34) of title 46 of the United States Code may be

S. 7314 3

exempted from the compulsory state pilotage requirement pursuant to this subdivision at the discretion of the board of commissioners of pilots.

§ 4. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2019, amending the navigation law relating to exempting certain vessels from the compulsory state pilotage requirement, as proposed in legislative bills numbers S. 4200-A and A. 6703-A, takes effect.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the navigation law, in relation to exempting certain vessels from the compulsory state pilotage requirement

Purpose

To exempt recreational vessels from the compulsory state pilotage requirement.

Summary of provisions

This legislation amends the underlying chapter by correcting the cita- tion for recreational vessels from Section 2102(25) of Title 46 of the United States Code to Section 2102(34) of Title 46 of the United States Code.

Justification

The original citation for recreational vessel had the incorrect subdivi- sion, citing to offshore supply vessel.

Legislative history

Chapter amendment to Chapter 582 of the Laws of 2019.

Fiscal implications

None

Effective date

This act shall take effect immediately.

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