Bill Text: NY A05461 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the board of directors of the maritime association of the port of New York and New Jersey to appoint two additional members to the board of commissioners of pilots and further requires such board to advise the governor and the legislature on matters pertaining to pilotage fees.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A05461 Detail]
Download: New_York-2011-A05461-Introduced.html
S T A T E O F N E W Y O R K
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5461
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
___________
Introduced by M. of A. TOWNS, N. RIVERA, CALHOUN, STEVENSON, DenDEKKER,
MILLMAN -- read once and referred to the Committee on Transportation
AN ACT to amend the navigation law, in relation to the appointment of
additional members to the board of commissioners of pilots and requir-
ing such board to advise on matters pertaining to pilotage fees; and
repealing certain provisions of such law relating thereto
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 87 of the navigation law, as
2 amended by chapter 258 of the laws of 1999, is amended to read as
3 follows:
4 1. There shall continue to be in the city of New York, a board enti-
5 tled the "board of commissioners of pilots," consisting of [six] EIGHT
6 persons, who shall hold their offices respectively, for two years from
7 the time of their election, and until their successors are elected and
8 have qualified. The governor, temporary president of the senate and the
9 speaker of the assembly shall each appoint one commissioner. Two other
10 of such commissioners shall be elected by the presidents and vice-presi-
11 dents of the marine insurance companies of the city of New York, compos-
12 ing or represented in the board of underwriters of such city, at a regu-
13 larly convened meeting of such board. Notice of such meeting shall be
14 given by the secretary of the board of underwriters or some member of
15 the board duly authorized by it and it shall state that the election of
16 commissioners will take place. Such notice shall be given in writing at
17 least one day before the election and shall be delivered at the office
18 of such company. Each insurance company represented at such meeting
19 shall be entitled to one vote, and the certificate of the secretary of
20 such board, or of any officer acting in his stead, shall be sufficient
21 prima facie evidence of an election. [The sixth commissioner] ONE OTHER
22 OF SUCH COMMISSIONERS shall be appointed by the governor from among the
23 members or the staff of the Albany port district commission for a term
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09272-01-1
A. 5461 2
1 of two years and until his successor is appointed and has qualified. TWO
2 OTHER OF SUCH COMMISSIONERS SHALL BE APPOINTED BY THE BOARD OF DIRECTORS
3 OF THE MARITIME ASSOCIATION OF THE PORT OF NEW YORK AND NEW JERSEY FOR A
4 TERM OF TWO YEARS AND UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE
5 QUALIFIED. No person shall be elected or appointed to the board of
6 commissioners of pilots who holds or heretofore held a pilot's license
7 issued pursuant to this article or pursuant to any law, rule or regu-
8 lation of this state or any political subdivision, board, commission or
9 authority of this state or of any other state or pursuant to any federal
10 law, rule or regulation. Of the [six] EIGHT members of the board of
11 commissioners of pilots, at least [four] SIX commissioners shall have
12 been a licensed deck officer in the United States Merchant Marine or an
13 unrestricted line officer in the United States Naval Service or a
14 commissioned officer in the United States Coast Guard, and commanded a
15 navigation watch on an ocean going vessel. The remaining two commis-
16 sioners shall each have a minimum of five years of experience within the
17 maritime industry. Upon the expiration of the term of office of any
18 commissioner or commissioners, or within thirty days prior thereto, and
19 upon any vacancy occurring by death, resignation, removal from the
20 state, or other cause, another election or appointment to fill such
21 office for the term of two years shall be held by the same class of
22 persons or authority which had previously held the election or appoint-
23 ment for the office so expiring or becoming vacant.
24 S 2. Subdivision 6 of section 87 of the navigation law is REPEALED
25 and a new subdivision 6 is added to read as follows:
26 6. (A) THE BOARD OF COMMISSIONERS OF PILOTS SHALL ADVISE THE GOVERNOR
27 AND THE LEGISLATURE ON MATTERS PERTAINING TO PILOTAGE FEES. THE BOARD IS
28 AUTHORIZED TO REVIEW ALL ASPECTS RELEVANT TO THE DETERMINATION OF PILO-
29 TAGE FEES FOR VESSELS ENTERING OR DEPARTING FROM THE PORT OF NEW YORK BY
30 WAY OF SANDY HOOK AND BY WAY OF SANDS POINT OR EXECUTION ROCKS; FOR
31 VESSELS TRANSITING THE HUDSON RIVER BETWEEN YONKERS AND THE DAM AT TROY;
32 AND FOR VESSELS TRANSITING LONG ISLAND SOUND AND BLOCK ISLAND SOUND EAST
33 OF A LINE FROM CITY ISLAND AVENUE ON CITY ISLAND THROUGH STEPPING STONES
34 LIGHT AND ENTERING OR DEPARTING FROM ANY PORT ON THE NEW YORK STATE
35 WATERS OF LONG ISLAND SOUND EAST OF SANDS POINT OR EXECUTION ROCKS FOR
36 THE PURPOSE OF MAKING RECOMMENDATIONS CONSISTENT WITH THE OBJECTIVES OF
37 ASSURING PUBLIC SAFETY, PROTECTION OF PROPERTY, AND THE PROTECTION OF
38 THE ENVIRONMENT. THE BOARD SHALL GIVE DUE CONSIDERATION TO THE FOLLOW-
39 ING:
40 (1) THE COSTS AND OTHER EXPENSES INCURRED BY PILOTS IN PROVIDING THE
41 REQUIRED SERVICES;
42 (2) THE AMOUNT SUFFICIENT TO PROVIDE A NET RETURN TO THE PILOTS WHICH
43 WILL ATTRACT AND HOLD COMPETENT PERSONS;
44 (3) PILOTAGE RATES FOR COMPARABLE SERVICES ON OTHER WATERS OF THE
45 UNITED STATES;
46 (4) THE METHODS OF ESTABLISHING PILOTAGE RATES FOR OTHER WATERS OF THE
47 UNITED STATES;
48 (5) ECONOMIC FACTORS AFFECTING THE SHIPPING INDUSTRY AND PILOT
49 SERVICES IN THE AREAS UNDER THE JURISDICTION OF THE BOARD;
50 (6) ADDITIONS OR MODIFICATION OF EQUIPMENT IN PILOT VESSELS REQUIRED
51 TO ADEQUATELY PROTECT PERSONS, PROPERTY, AND THE ENVIRONMENT;
52 (7) AUDITORS' REPORTS PERTAINING TO THE INCOME AND EXPENSES OF PILOT
53 ASSOCIATIONS;
54 (8) THE NUMBER OF PILOTS NEEDED TO PROVIDE AND MAINTAIN ADEQUATE
55 SERVICES FOR THE AREAS UNDER THE JURISDICTION OF THE BOARD;
A. 5461 3
1 (9) REVIEW OF THE APPRENTICE AND TRAINING PROGRAMS FOR THE PURPOSE OF
2 DETERMINING THE NUMBERS OF PERSONS NEEDED TO FILL VACANCIES IN THE PILOT
3 SERVICES AS THEY ARISE;
4 (10) ANY OTHER INFORMATION DEEMED PERTINENT BY THE BOARD.
5 (B) THE BOARD OF COMMISSIONERS OF PILOTS SHALL SUBMIT TO THE GOVERNOR
6 AND THE LEGISLATURE A REPORT CONTAINING ITS FINDINGS AND RECOMMENDATIONS
7 ON PILOTAGE FEES ON OR BEFORE MARCH FIRST OF EACH YEAR.
8 S 3. This act shall take effect immediately.
