II 111th CONGRESS 2d Session S. 3755 IN THE SENATE OF THE UNITED STATES August 5, 2010 Mr. Rockefeller introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To ensure fairness in admiralty and maritime law and for other purposes.
1.
Short title
This Act may be cited as the Fairness in Admiralty and Maritime Law Act.
2.
Amendments to limitation of shipowners’ liability Act of 1851
(a)
In general
Chapter 305 of title 46, United States Code, is amended as follows: (1)Subsection (a) of section 30505 is amended to read as follows: (a)
In general
Except as provided in section 30506 of this title, the liability of the owner of a vessel for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight. If the vessel has more than one owner, the proportionate share of the liability of any one owner shall not exceed that owner’s proportionate interest in the vessel and pending freight. . (2)Subsection (c) of section 30505 is amended to read as follows: (c)
Claims not subject to limitation
Subsection (a) does not apply— (1)to a claim for wages; (2)to a claim for personal injury; (3)to a claim for wrongful death; or (4)to a claim relating to oil drilling or exploration or the discharge of oil from a vessel or offshore facility, as those terms are defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701). . (3)By adding at the end of the section: (d)
Exclusion
(1)
Exclusion
Unless the claim involves the privity or knowledge of the owner, claims for personal injury or wrongful death are subject to the limitation in subsection (a) if the vessel was a fishing vessel. (2)
Fishing vessel defined
In this subsection, the term fishing vessel means— (A)a vessel, boat, ship, or other watercraft that is used for, equipped to be used for, or of a type normally used for— (i)charter fishing (as defined in section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3))); (ii)commercial fishing (as defined in section 3(4) of such Act (16 U.S.C. 1802 (4))); or (iii)aiding or assisting one or more vessels at sea in the performance of any activity relating to commercial fishing (as so defined), including preparation, supply, storage, refrigeration, transportation, or processing; but (B)does not include a passenger vessel (as defined in section 2101(22)). . (4)Subsection (c) of section 30511 is amended to read as follows: (c)
Cessation of other actions
At the time that an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question which are subject to limitation under section 30505 shall cease. .
3.
Assessment of punitive damages in maritime law
(a)
In general
Chapter 301 of title 46, United States Code, is amended by adding at the end the following:
30107.
Punitive damages
Except as otherwise provided in this title, in a civil action for damages arising out of a maritime tort, punitive damages may be assessed without regard to the amount of compensatory damages assessed in the action.
. (b)
Clerical amendment
The table of contents for chapter 301 of title 46, United States Code, is amended by adding at the end the following: 30107. Punitive damages.
4.
Amendments to the Death on the High Seas Act
(a)
In general
Chapter 303 of title 46, United States Code, is amended— (1)in section 30302, by inserting or law after admiralty; (2)in section 30303, by inserting and nonpecuniary loss after pecuniary loss; (3)in section 30303, by striking sustained by and all that follows and inserting sustained, plus a fair compensation for the decedent’s pain and suffering. In this section, the term ‘nonpecuniary loss’ means the loss of care, comfort, and companionship.; (4)in section 30305, by inserting or law after admiralty; and (5)in section 30306, by inserting or law after admiralty. (b)
Aviation accidents
(1)
In general
Section 30307 of title 46, United States Code, is amended— (A)by striking subsection (a) and inserting the following: (a)
Definitions
(1)
Commercial aviation; general aviation
The terms commercial aviation and general aviation have the same meaning as those terms, respectively, as used in subtitle VII of title 49, United States Code. (2)
Nonpecuniary damages
The term nonpecuniary damages means damages for loss of care, comfort, and companionship. ; (B)by inserting or general aviation after commercial aviation in subsections (b) and (c); and (C)by adding at the end thereof the following: (d)
Procedure
Notwithstanding sections 30302, 30305, and 30306, an action to which this section applies may be brought in admiralty and may not be brought in law. . (2)
Conforming amendments
(A)
Section heading
Section 30307 of title 46, United States Code, is amended in the heading by striking Commercial aviation and by inserting Aviation. (B)
Clerical amendment
The table of contents for chapter 303 of title 46, United States Code, is amended by striking the item relating to section 30307 and inserting the following: 30307. Aviation accidents . (c)
Application to fishing vessels
(1)
In general
None of the amendments made by this section shall apply with respect to a fishing vessel. (2)
Fishing vessel defined
In this subsection, the term fishing vessel means— (A)a vessel, boat, ship, or other watercraft that is used for, equipped to be used for, or of a type normally used for— (i)charter fishing (as defined in section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3))); (ii)commercial fishing (as defined in section 3(4) of such Act (16 U.S.C. 1802 (4))); or (iii)aiding or assisting one or more vessels at sea in the performance of any activity relating to commercial fishing (as so defined), including preparation, supply, storage, refrigeration, transportation, or processing; but (B)does not include a passenger vessel (as defined in section 2101(22) of title 46, United States Code).
5.
Improvements to recovery under the Jones Act
Section 30104 of title 46, United States Code, is amended to read as follows:
30104.
Personal injury to or death of seamen
(a)
In general
A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer. Laws of the United States regulating recovery for personal injury to, or death of, a railway employee apply to an action under this section. (b)
Loss of care, comfort, and companionship
In addition to other amounts authorized under such laws, for any claim relating to oil drilling or exploration or the discharge of oil the recovery for a seaman who so dies shall include recovery for loss of care, comfort, and companionship.
.
6.
Effective date
The amendments made by this title shall apply to— (1)causes of action and claims arising after April 19, 2010; or (2)actions commenced before the date of enactment of this Act that have not been finally adjudicated, including appellate review, as of that date.