Bill Text: NY A09049 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-17 - referred to transportation [A09049 Detail]

Download: New_York-2011-A09049-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9049
                                 I N  A S S E M B L Y
                                   January 17, 2012
                                      ___________
       Introduced  by M. of A. CUSICK, TOBACCO -- read once and referred to the
         Committee on Transportation
       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:
    1    Section 1.  Section 97 of the navigation law is amended  by  adding  a
    2  new subdivision 10 to read as follows:
    3    10.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ANY
    4  PERSON SEEKING TO HOLD A PILOT PROVIDING SERVICES PURSUANT TO A  LICENSE
    5  ISSUED  UNDER  THE AUTHORITY OF THIS ARTICLE, LIABLE FOR DAMAGES, INJURY
    6  OR LOSS OCCASIONED BY THE PILOT'S ERRORS, OMISSIONS, FAULT  OR  NEGLECT,
    7  SHALL  BE  REQUIRED  TO  PROVE BY CLEAR AND CONVINCING EVIDENCE THAT THE
    8  DAMAGES, INJURY OR LOSS AROSE FROM THE PILOT'S GROSS NEGLIGENCE OR WILL-
    9  FUL MISCONDUCT.
   10    S 2.  This act shall take effect on the thirtieth day after  it  shall
   11  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13690-01-2