Bill Text: NY S04200 | 2019-2020 | General Assembly | Amended

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Bill Title: Exempts certain vessels from the compulsory state pilotage requirement at the discretion of the board of commissioners of pilots.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-12-06 - approval memo.28 [S04200 Detail]

Download: New_York-2019-S04200-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4200--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 4, 2019
                                       ___________

        Introduced by Sens. LANZA, 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 exempting certain
          vessels from the compulsory state pilotage requirement

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

     1    Section  1.  Subdivision  1  of  section  88 of the navigation law, as
     2  amended by chapter 943 of the laws  of  1971,  is  amended  to  read  as
     3  follows:
     4    1.  Every  foreign  vessel  and  every  American vessel under register
     5  entering or departing from the Port of New York by the way of Sandy Hook
     6  or by the way of Sands Point or Execution Rocks, shall take a Sandy Hook
     7  pilot licensed under the authority of this article or of the laws of the
     8  state of New Jersey or a person  heretofore  licensed  as  a  Hell  Gate
     9  pilot.  Notwithstanding the provisions of this subdivision, recreational
    10  vessels  as defined in section 2101(25) of title 46 of the United States
    11  Code of less than two hundred feet in length may be  exempted  from  the
    12  compulsory  state pilotage requirement at the discretion of the board of
    13  commissioners of pilots. Whenever the  services  of  such  a  pilot  are
    14  refused,  the master, owners or consignees, shall pay pilotage as if one
    15  had been employed. Such pilotage shall be paid to the pilot first speak-
    16  ing or offering his services as  pilot  to  such  vessel.  The  pilotage
    17  authorized to be collected whenever a pilot shall be refused by a vessel
    18  shall  be sued for and recovered in the name of the pilot tendering such
    19  service. Such pilotage, when recovered,  shall  belong  to  and  may  be
    20  retained by such pilot for his own benefit and use. Recreational vessels
    21  as defined in section 2101(25) of title 46 of the United States Code may
    22  be  exempted  from the compulsory state pilotage requirement pursuant to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09703-03-9
        S. 4200--A                          2

     1  this subdivision at the discretion of  the  board  of  commissioners  of
     2  pilots.
     3    §  2.  Subdivision 1 of section 89-a of the navigation law, as amended
     4  by chapter 838 of the laws of 1960, is amended to read as follows:
     5    1. Every foreign vessel and  every  American  vessel  under  register,
     6  except  vessels  proceeding otherwise than by sea and of less than three
     7  hundred gross registered tons and having a fully loaded draft  of  seven
     8  feet  or  less,  entering  or departing from the Hudson river north of a
     9  line running from the foot of Main street, Yonkers, west to Alpine,  New
    10  Jersey,  or  navigating  any  of the waters of the Hudson river north of
    11  said line and south of the dam at Troy, New York, shall  take  a  Hudson
    12  river pilot licensed under the authority of this article.  Notwithstand-
    13  ing  the provisions of this subdivision, recreational vessels as defined
    14  in section 2101(25) of title 46 of the United States Code of  less  than
    15  two  hundred  feet  in  length may be exempted from the compulsory state
    16  pilotage requirement at the discretion of the board of commissioners  of
    17  pilots.  Whenever  the services of such a pilot are refused, the master,
    18  owners or consignees shall pay pilotage as if  one  had  been  employed.
    19  Such  pilotage shall be paid to the pilot first speaking or offering his
    20  services as  pilot  to  such  vessel.  The  pilotage  authorized  to  be
    21  collected  whenever  a  pilot shall be refused by a vessel shall be sued
    22  for and recovered in the name of the pilot tendering such service.  Such
    23  pilotage,  when  recovered,  shall belong to and may be retained by such
    24  pilot for his own benefit and use.  Recreational vessels as  defined  in
    25  section  2101(25)  of title 46 of the United States Code may be exempted
    26  from the compulsory state pilotage requirement pursuant to this subdivi-
    27  sion at the discretion of the board of commissioners of pilots.
    28    § 3. Subdivision 1 of section 89-b of the navigation law,  as  amended
    29  by chapter 732 of the laws of 1991, is amended to read as follows:
    30    1. Every foreign vessel and every American vessel under register tran-
    31  siting  the  New  York state waters of Long Island Sound or Block Island
    32  Sound east of Execution Rocks or  Sands  Point,  and  any  such  vessels
    33  entering  or  departing  from  any  port  situated on the New York state
    34  waters of Long Island Sound east of  Execution  Rocks  or  Sands  Point,
    35  shall  take  a  Long  Island-Block Island Sound pilot licensed under the
    36  authority of this article.  Every  foreign  vessel  and  every  American
    37  vessel  under  register  transiting  the  New  York state waters of Long
    38  Island Sound or Block Island Sound east of a line running  southeasterly
    39  from  the  mouth of the Byram River at the New York-Connecticut boundary
    40  to Oak Neck Point on Long Island shall take a pilot licensed  under  the
    41  authority  of this article or the laws of any other state having concur-
    42  rent jurisdiction over these waters.  Notwithstanding the provisions  of
    43  this subdivision, recreational vessels as defined in section 2101(25) of
    44  title  46  of  the  United  States Code of less than two hundred feet in
    45  length may be exempted from the compulsory state pilotage requirement at
    46  the discretion of the board of commissioners  of  pilots.  Whenever  the
    47  services  of  such a pilot are refused, the master, owners or consignees
    48  shall pay pilotage as if one had been employed. The pilotage  authorized
    49  to  be  collected whenever a pilot shall be refused by a vessel shall be
    50  sued for and recovered in the name of the pilot tendering such  service.
    51  Such  pilotage,  when  recovered, shall belong to and may be retained by
    52  such pilot for his own benefit and use. Recreational vessels as  defined
    53  in  section  2101(25)  of  title  46  of  the  United States Code may be
    54  exempted from the compulsory state pilotage requirement pursuant to this
    55  subdivision at the discretion of the board of commissioners of pilots.
    56    § 4. This act shall take effect immediately.