Bill Text: NY A07289 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for the licensing of docking pilots in the waters of the port of New York and the ports of New Jersey and for criminal history checks of applicants for such licenses; requires the engagement of a Sandy Hook pilot or docking pilot in certain such waters; expands regulatory powers of board of commissioners of pilots regarding Sandy Hook pilots on such waters, and authorizes the board to issue photo identification cards to licensed pilots.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A07289 Detail]
Download: New_York-2017-A07289-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7289 2017-2018 Regular Sessions IN ASSEMBLY April 21, 2017 ___________ Introduced by M. of A. TITONE -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law and the navigation law, in relation to enhancing the security within the port of New York and the ports of New Jersey to prevent acts of domestic terrorism and licensing pilo- tage upon the waters within such ports The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 837-t 2 to read as follows: 3 § 837-t. Criminal history records search for certain licenses for 4 pilotage upon the waters within the port of New York and the ports of 5 New Jersey. 1. As used in this section: 6 (a) "Board" shall mean the board of commissioners of pilots of the 7 state of New York. 8 (b) "Applicant" shall mean a person applying for a license pursuant to 9 section ninety-one-c of the navigation law, which requires the 10 submission of fingerprints. 11 2. As a condition of eligibility for such licenses, the board shall 12 obtain two sets of the applicant's fingerprints and submit such finger- 13 prints to the division for purposes of determining the criminal history 14 of the applicant. 15 3. The first set of fingerprints received by the division shall be 16 used to identify the applicant and to conduct a criminal history records 17 search of the division's New York state files to determine whether or 18 not such applicant has a criminal history in this state. The division 19 shall forward the second set of such applicant's fingerprints to the 20 federal bureau of investigation for the purpose of a nationwide criminal 21 history record check to determine whether such applicant has a criminal 22 history in any other state or federal jurisdiction. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11020-01-7A. 7289 2 1 4. The division shall promptly transmit the reports of the New York 2 state criminal record search to the executive director of the board. The 3 federal bureau of investigation reports of nationwide criminal records 4 searches shall be transmitted to the executive director of the board by 5 the most direct means authorized by federal law, rules, and regulations. 6 All such reports, when received by the board, shall be marked confiden- 7 tial and securely stored, and shall not be disclosed to any person other 8 than the applicant, although the contents of the report may be disclosed 9 to the members of the board. 10 5. (a) Each applicant shall sign a release authorizing the board to 11 submit such applicant's fingerprints to the division and the federal 12 bureau of investigation, and for the executive director of the board to 13 receive the results of such criminal history record searches supplied by 14 the division and the federal bureau of investigation. Such release shall 15 also advise the applicant that a criminal history record search will be 16 conducted concerning the applicant and that he or she may obtain a copy 17 of his or her criminal history record and seek correction of any infor- 18 mation contained in such record pursuant to regulations promulgated by 19 the division. 20 (b) Each such applicant shall, in advance, make payment to the board 21 of the fee required pursuant to subdivision eight-a of section eight 22 hundred thirty-seven of this article and any fee imposed by the federal 23 bureau of investigation. 24 § 2. The navigation law is amended by adding a new section 89 to read 25 as follows: 26 § 89. Pilotage upon the waters within the port of New York or the 27 ports of New Jersey. 1. Every foreign vessel and every American vessel 28 under register operating upon the waters within the port of New York or 29 the ports of New Jersey shall take a Sandy Hook pilot or a docking pilot 30 licensed under the authority of this article or of the laws of the state 31 of New Jersey or a person heretofore licensed as a Hell Gate pilot. A 32 licensed Sandy Hook pilot taken on a vessel pursuant to section eighty- 33 eight of this article may be joined by such a docking pilot who is 34 engaged for the purposes of docking or undocking such vessel when the 35 vessel is operating upon the waters within the port of New York or the 36 ports of New Jersey. 37 2. It shall be unlawful for any person not licensed as a Sandy Hook 38 pilot or as a docking pilot under this article, or under the laws of the 39 state of New Jersey (except a vessel's master assisted by a Sandy Hook 40 pilot or docking pilot in close proximity to the berth), to dock or 41 undock or to conduct any in-harbor movement of any foreign vessel or 42 American vessel under register operating upon the waters within the port 43 of New York or the ports of New Jersey. It shall likewise be unlawful 44 for any master or person on board a tug or towboat to tow any such 45 vessel upon the waters within the port of New York or the ports of New 46 Jersey without engaging the services of a Sandy Hook pilot or a docking 47 pilot licensed under this article, or under the laws of the state of New 48 Jersey. 49 3. Violation of this section shall be a misdemeanor punishable by a 50 fine not exceeding five thousand dollars or by imprisonment not exceed- 51 ing sixty days. Any person authorizing such an unlicensed person to act 52 as a Sandy Hook pilot or as a docking pilot in violation of this section 53 shall forfeit and pay the sum of five thousand dollars to the board of 54 commissioners of pilots. 55 § 3. The navigation law is amended by adding a new section 91-c to 56 read as follows:A. 7289 3 1 § 91-c. Licensing of docking pilots upon the waters within the port of 2 New York and the ports of New Jersey. 1. A "docking pilot" is a ship 3 docking and/or undocking and/or in-harbor movement specialist who meets 4 the qualifications set forth in this section, and who receives a license 5 from said board of commissioners of pilots to perform such activities 6 within the port of New York and the ports of New Jersey with respect to 7 foreign vessels and American vessels under register operating upon the 8 waters of such ports. The commissioners, or a majority of them, shall 9 license, without fee, persons as docking pilots. The term of a docking 10 pilot's license, and each renewal thereof, shall be for one year. Appli- 11 cation for renewal of a license as a docking pilot shall be made prior 12 to the expiration of the license of such docking pilot. A docking 13 pilot's license shall be renewed without fee upon an applicant's showing 14 continuation of fulfillment of the requirements of subdivision two or 15 three of this section. If any docking pilot will attain the age of 16 sixty-five years within a year of the date of the issuance or renewal of 17 a license, then the license shall terminate as of the date of such age 18 attainment. 19 2. The board of commissioners, or a majority of them, shall license as 20 "docking pilots" those applicants who, upon meeting the same physical 21 and operational requirements prescribed in the regulations of the board 22 in effect as of the effective date of this subdivision, provide, within 23 ninety days of the effective date of this subdivision, conclusive 24 evidence documenting satisfaction of the following requirements: 25 (a) the applicant shall be the holder of a valid first class pilot 26 license or first class pilot endorsement to a license issued by the 27 United States Coast Guard and extended as necessary for all areas of the 28 port of New York and the ports of New Jersey; and 29 (b) the applicant shall have been for the two years immediately prior 30 thereto actively engaged, as a regular occupation, in conducting dock- 31 ings and/or undockings with or without the assistance of tugboats or 32 conducting in-harbor movements of one hundred or more seagoing commer- 33 cial ships of at least ten thousand registered gross tons upon the 34 waters within the port of New York or the ports of New Jersey other than 35 as a crew member aboard any of such vessels; or 36 (c) as an alternative to the requirements of paragraphs (a) and (b) of 37 this subdivision, the applicant is qualified pursuant to subdivision 38 three of this section. 39 3. The board of commissioners shall review submitted applications and 40 shall license as docking pilots those applicants who provide conclusive 41 evidence documenting that they have been actively engaged in a training 42 program to become a docking pilot in the port of New York or the ports 43 of New Jersey for no less than six months prior to the effective date of 44 this subdivision and who can meet the following additional requirements: 45 (a) the applicant shall be the holder of a valid first class pilot 46 license or first class pilot endorsement to a license issued by the 47 United States Coast Guard and extended as necessary for all areas of the 48 port of New York and the ports of New Jersey; 49 (b) the applicant shall present evidence demonstrating a minimum of 50 ten years' experience in the maritime industry (that may include credit- 51 ed maritime college education for licensed graduates) working aboard 52 vessels in the deck department, not less than half of which were served 53 in the capacity of a licensed mate or master; 54 (c) the applicant must submit written proof of having observed two 55 hundred or more dockings and/or undockings and/or in-harbor movements of 56 seagoing commercial ships of at least ten thousand registered gross tonsA. 7289 4 1 upon the waters within the port of New York or the ports of New Jersey 2 other than as a crew member aboard any of such vessels and having 3 performed twenty-five or more dockings and/or undockings and/or in-har- 4 bor movements under the observation of a ship docking and/or undocking 5 and/or in-harbor movement specialist or a person who subsequent to such 6 observation is licensed as a docking pilot; 7 (d) the applicant shall be at least eighteen years of age and less 8 than sixty-five years of age; 9 (e) the applicant shall be a United States citizen; 10 (f) the applicant shall have a bachelor's degree from an accredited 11 four year college or university, with equal credit given for deck 12 department training while employed by, or under the direct supervision 13 of, a company operating vessel assist tugs in the port of New York or 14 ports of New Jersey, a docking pilot association in the port of New York 15 or ports of New Jersey or time enrolled as a student at an accredited 16 maritime academy in the United States; 17 (g) the applicant shall have 20/20 vision, either corrected or uncor- 18 rected, and no defects in color or depth perception; and 19 (h) the applicant does not have a disqualifying conviction described 20 in this section. 21 4. The board of commissioners shall not grant a license for a docking 22 pilot to any applicant who has a disqualifying conviction. The board of 23 commissioners shall not grant a license for a docking pilot unless it 24 has determined, consistent with the standards of this section, that no 25 criminal history record information exists on file in the federal bureau 26 of investigation, criminal justice information services, or the division 27 of criminal justice services which would disqualify that individual from 28 being licensed. The board of commissioners shall require the finger- 29 printing of applicants for a docking pilot's license and shall safeguard 30 the information derived from searches of the records of the division of 31 criminal justice services and the federal bureau of investigation based 32 on the use of such fingerprints. The board of commissioners shall also 33 develop a form to be used in connection with the submission of finger- 34 prints that contains any other information that may be relevant to 35 consideration of the licensee and that shall also: 36 (a) inform the applicant that the board is required to request his or 37 her criminal history information from the division of criminal justice 38 services and the federal bureau of investigation and review such infor- 39 mation pursuant to this section; and 40 (b) inform the applicant that he or she has the right to obtain, 41 review, and seek correction of his or her criminal history information 42 pursuant to regulations and procedures established by the division of 43 criminal justice services. 44 5. Criminal history records search. The board shall obtain from each 45 applicant two sets of fingerprints and the division of criminal justice 46 services processing fee imposed pursuant to subdivision eight-a of 47 section eight hundred thirty-seven of the executive law and any fee 48 imposed by the federal bureau of investigation. The board shall promptly 49 transmit such fingerprints and fees to the division of criminal justice 50 services for its full search and retain processing. The division of 51 criminal justice services is authorized to submit the fingerprints and 52 the appropriate fee to the federal bureau of investigation for a 53 national criminal history record check pursuant to public law 92-534. 54 The division of criminal justice services and the federal bureau of 55 investigation shall forward such criminal history record to the board in 56 a timely manner. For the purposes of this section the term "criminalA. 7289 5 1 history record" shall mean a record of all convictions of crimes and any 2 pending criminal charges maintained on an individual by the division of 3 criminal justice services and the federal bureau of investigation. 4 6. Confidentiality of records. All such criminal history records proc- 5 essed and sent pursuant to this section shall be confidential pursuant 6 to the applicable federal and state laws, rules, and regulations, and 7 shall not be published or in any way disclosed to persons other than the 8 board, unless otherwise authorized by law. No cause of action against 9 the board of commissioners or the division of criminal justice services 10 for damages related to the dissemination of criminal history records 11 pursuant to this section shall exist when such board or division of 12 criminal justice services has reasonably and in good faith relied upon 13 the accuracy and completeness of criminal history information furnished 14 to it by qualified agencies. 15 7. Delineation of a disqualifying criminal conviction. The board of 16 commissioners shall review the criminal history record, if any, of an 17 applicant covered by this section to determine whether or not that 18 applicant has a disqualifying criminal conviction in his or her back- 19 ground. A disqualifying criminal conviction shall be evidenced by a 20 criminal history record check which reveals a conviction within the 21 preceding ten years of any of the following: 22 (a) a violent felony offense, as that term is defined in section 70.02 23 of the penal law; or 24 (b) any felony defined in article one hundred twenty, one hundred 25 twenty-five, one hundred thirty, one hundred thirty-five, one hundred 26 forty, one hundred forty-five, one hundred fifty, one hundred fifty- 27 five, one hundred sixty, one hundred seventy, one hundred seventy-five, 28 two hundred, two hundred ten, two hundred twenty, two hundred twenty- 29 one, two hundred forty, two hundred sixty-five, four hundred sixty, four 30 hundred seventy, four hundred eighty-five, or four hundred ninety or 31 section 190.26 of the penal law or section fifty-three-e of the railroad 32 law; or 33 (c) any offense in another jurisdiction which includes all of the 34 essential elements of such violent felony offense or such felony 35 offenses defined in article one hundred twenty, one hundred twenty-five, 36 one hundred thirty, one hundred thirty-five, one hundred forty, one 37 hundred forty-five, one hundred fifty, one hundred fifty-five, one 38 hundred sixty, one hundred seventy, one hundred seventy-five, two 39 hundred, two hundred ten, two hundred twenty, two hundred twenty-one, 40 two hundred forty, two hundred sixty-five, four hundred sixty, four 41 hundred seventy, four hundred eighty-five, or four hundred ninety or 42 section 190.26 of the penal law or section fifty-three-e of the railroad 43 law and for which a sentence of imprisonment for more than one year was 44 authorized in the other jurisdiction and is authorized in this state, 45 regardless of whether such sentence was imposed; or 46 (d) any of the following federal offenses: misconduct or neglect of 47 ship officers as defined in 18 U.S.C. 1115; fraud and false statements 48 as defined in 18 U.S.C. 1001; influencing or injuring an officer or 49 juror as defined in 18 U.S.C. 1503; obstruction of criminal investi- 50 gations as defined in 18 U.S.C. 1510; violation of MARPOL Protocol as 51 defined in 33 U.S.C. 1908; sending an unseaworthy vessel to sea as 52 defined in 46 U.S.C. 10908; forgery of certificates, false marking of 53 aircraft, and other aircraft registration violations as defined in 49 54 U.S.C. 46306; interference with air navigation as defined in 49 U.S.C. 55 46308; improper transportation of a hazardous material as defined in 49 56 U.S.C. 46312; aircraft piracy as defined in 49 U.S.C. 46502; interfer-A. 7289 6 1 ence with flight crew members or flight attendants as defined in 49 2 U.S.C. 46504; commission of certain crimes aboard aircraft in flight as 3 defined in 49 U.S.C. 46506; carrying a weapon or explosive aboard 4 aircraft as defined in 49 U.S.C. 46505; conveying false information and 5 threats as defined in 49 U.S.C. 46507; aircraft piracy outside the 6 special aircraft jurisdiction of the United States as defined in U.S.C. 7 46502(b); lighting violation involving transporting controlled 8 substances as defined in 49 U.S.C. 46315; unlawful entry into an 9 aircraft or airport area that serves air carriers or foreign air carri- 10 ers contrary to established security requirements as defined in 49 11 U.S.C. 46314; destruction of an aircraft or aircraft facility as defined 12 in 18 U.S.C. 32; espionage as defined in 18 U.S.C. 793, 794, or 3077; 13 sedition as defined in 18 U.S.C. 2384, 2385, or section four of the 14 Subversive Activities Control Act of 1950; treason as defined in 6 15 U.S.C. 2381; violence at international airports as defined in 18 U.S.C. 16 37; conspiracy or solicitation as defined in 18 U.S.C. 371 or 373; or 17 (e) an attempt or conspiracy to commit any of the offenses specified 18 in paragraph (a), (b), (c) or (d) of this subdivision. 19 The board of commissioners shall promptly notify the applicant in 20 writing whether or not such person may be eligible for a license as a 21 docking pilot to which the provisions of this section apply based upon 22 his or her criminal history. Unless otherwise specified by law or regu- 23 lation, the applicant shall have fourteen days from the date of a writ- 24 ten notice of disqualification to challenge the accuracy of the criminal 25 history record information. If no challenge is filed or if the determi- 26 nation of the accuracy of the criminal history record information 27 upholds the disqualification, the board of commissioners shall notify 28 the applicant that he or she has been disqualified from being licensed 29 as a docking pilot. 30 Every holder of a license as a docking pilot shall have a continuing 31 obligation to promptly notify the board of commissioners of any 32 conviction of a crime punishable by more than one year in prison. The 33 failure to so notify the board shall be grounds for immediate termi- 34 nation of employment. 35 8. Licensure as a docking pilot does not entitle or permit the holder 36 of said license to pilot foreign vessels or American vessels under 37 register as they enter or depart the port of New York or the ports of 38 New Jersey by the way of Sandy Hook or by the way of Sands Point or 39 Execution Rocks. Nothing in this section shall preclude a Sandy Hook 40 pilot from docking and/or undocking such vessels with or without tugs at 41 the request of the vessel's master, nor from conducting in-harbor move- 42 ments of such vessels upon the waters within the port of New York or the 43 ports of New Jersey, nor from discharge until completion of transit for 44 the vessels described in section eighty-eight-a of this article. 45 § 4. Section 95 of the navigation law, as added by chapter 880 of the 46 laws of 1947, is amended to read as follows: 47 § 95. Regulation of pilots and persons employing them. 1. The board of 48 commissioners may alter or amend any existing regulation for pilots, and 49 make, duly promulgate, and enforce new rules or regulations, not incon- 50 sistent with the laws of this state or of the United States, which shall 51 be binding and effective upon all pilots licensed under this article, 52 and upon all parties employing such pilots. The commissioners may also 53 regulate the stationing of pilot boats for the purpose of putting Sandy 54 Hook pilots aboard and taking of them off vessels bound to and from the 55 port of New York or the ports of New Jersey and may designate the areas 56 in which such vessels shall be boarded and left by such pilots. SuchA. 7289 7 1 commissioners may declare and enforce forfeitures of pilotage upon any 2 mismanagement or neglect of duty by the pilots licensed by them. Such 3 commissioners, in order to prevent any of the pilots licensed by them 4 from combining injuriously with each other, or with other persons, and 5 to prevent any person licensed by them from acting as a pilot during his 6 or her suspension, or after his or her license has been revoked, may 7 declare, impose and collect fines and penalties not exceeding two 8 hundred fifty dollars for each such offense. The commissioners may also 9 establish and enforce all other needful rules and regulations for the 10 conduct of the pilots licensed by them, and the parties employing them. 11 Such commissioners may enforce and receive accounts of all moneys 12 collected for pilotage by the pilots licensed by them and may impose and 13 collect from such pilots a sum not exceeding three per centum on the 14 amount thereof to defray their necessary expenses, including clerk hire 15 and office rent. 16 2. The board of commissioners is authorized to issue photographic 17 identification cards to any pilots licensed under this article. 18 § 5. This act shall take effect immediately; provided, however, that 19 section two of this act shall take effect on the one hundred eightieth 20 day after it shall have become a law.
