A. 5221 2
4. THE DIVISION SHALL PROMPTLY TRANSMIT THE REPORTS OF THE NEW YORK
STATE CRIMINAL RECORD SEARCH TO THE EXECUTIVE DIRECTOR OF THE BOARD. THE
FEDERAL BUREAU OF INVESTIGATION REPORTS OF NATIONWIDE CRIMINAL RECORDS
SEARCHES SHALL BE TRANSMITTED TO THE EXECUTIVE DIRECTOR OF THE BOARD BY
THE MOST DIRECT MEANS AUTHORIZED BY FEDERAL LAW, RULES, AND REGULATIONS.
ALL SUCH REPORTS, WHEN RECEIVED BY THE BOARD, SHALL BE MARKED CONFIDEN-
TIAL AND SECURELY STORED, AND SHALL NOT BE DISCLOSED TO ANY PERSON OTHER
THAN THE APPLICANT, ALTHOUGH THE CONTENTS OF THE REPORT MAY BE DISCLOSED
TO THE MEMBERS OF THE BOARD.
5. (A) EACH APPLICANT SHALL SIGN A RELEASE AUTHORIZING THE BOARD TO
SUBMIT SUCH APPLICANT'S FINGERPRINTS TO THE DIVISION AND THE FEDERAL
BUREAU OF INVESTIGATION, AND FOR THE EXECUTIVE DIRECTOR OF THE BOARD TO
RECEIVE THE RESULTS OF SUCH CRIMINAL HISTORY RECORD SEARCHES SUPPLIED BY
THE DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION. SUCH RELEASE SHALL
ALSO ADVISE THE APPLICANT THAT A CRIMINAL HISTORY RECORD SEARCH WILL BE
CONDUCTED CONCERNING THE APPLICANT AND THAT HE OR SHE MAY OBTAIN A COPY
OF HIS OR HER CRIMINAL HISTORY RECORD AND SEEK CORRECTION OF ANY INFOR-
MATION CONTAINED IN SUCH RECORD PURSUANT TO REGULATIONS PROMULGATED BY
THE DIVISION.
(B) EACH SUCH APPLICANT SHALL, IN ADVANCE, MAKE PAYMENT TO THE BOARD
OF THE FEE REQUIRED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT
HUNDRED THIRTY-SEVEN OF THIS ARTICLE AND ANY FEE IMPOSED BY THE FEDERAL
BUREAU OF INVESTIGATION.
S 2. The navigation law is amended by adding a new section 89 to read
as follows:
S 89. PILOTAGE UPON THE WATERS WITHIN THE PORT OF NEW YORK OR THE
PORTS OF NEW JERSEY. 1. EVERY FOREIGN VESSEL AND EVERY AMERICAN VESSEL
UNDER REGISTER OPERATING UPON THE WATERS WITHIN THE PORT OF NEW YORK OR
THE PORTS OF NEW JERSEY SHALL TAKE A SANDY HOOK PILOT OR A DOCKING PILOT
LICENSED UNDER THE AUTHORITY OF THIS ARTICLE OR OF THE LAWS OF THE STATE
OF NEW JERSEY OR A PERSON HERETOFORE LICENSED AS A HELL GATE PILOT. A
LICENSED SANDY HOOK PILOT TAKEN ON A VESSEL PURSUANT TO SECTION EIGHTY-
EIGHT OF THIS ARTICLE MAY BE JOINED BY SUCH A DOCKING PILOT WHO IS
ENGAGED FOR THE PURPOSES OF DOCKING OR UNDOCKING SUCH VESSEL WHEN THE
VESSEL IS OPERATING UPON THE WATERS WITHIN THE PORT OF NEW YORK OR THE
PORTS OF NEW JERSEY.
2. IT SHALL BE UNLAWFUL FOR ANY PERSON NOT LICENSED AS A SANDY HOOK
PILOT OR AS A DOCKING PILOT UNDER THIS ARTICLE, OR UNDER THE LAWS OF THE
STATE OF NEW JERSEY (EXCEPT A VESSEL'S MASTER ASSISTED BY A SANDY HOOK
PILOT OR DOCKING PILOT IN CLOSE PROXIMITY TO THE BERTH), TO DOCK OR
UNDOCK OR TO CONDUCT ANY IN-HARBOR MOVEMENT OF ANY FOREIGN VESSEL OR
AMERICAN VESSEL UNDER REGISTER OPERATING UPON THE WATERS WITHIN THE PORT
OF NEW YORK OR THE PORTS OF NEW JERSEY. IT SHALL LIKEWISE BE UNLAWFUL
FOR ANY MASTER OR PERSON ON BOARD A TUG OR TOWBOAT TO TOW ANY SUCH
VESSEL UPON THE WATERS WITHIN THE PORT OF NEW YORK OR THE PORTS OF NEW
JERSEY WITHOUT ENGAGING THE SERVICES OF A SANDY HOOK PILOT OR A DOCKING
PILOT LICENSED UNDER THIS ARTICLE, OR UNDER THE LAWS OF THE STATE OF NEW
JERSEY.
3. VIOLATION OF THIS SECTION SHALL BE A MISDEMEANOR PUNISHABLE BY A
FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR BY IMPRISONMENT NOT EXCEED-
ING SIXTY DAYS. ANY PERSON AUTHORIZING SUCH AN UNLICENSED PERSON TO ACT
AS A SANDY HOOK PILOT OR AS A DOCKING PILOT IN VIOLATION OF THIS SECTION
SHALL FORFEIT AND PAY THE SUM OF FIVE THOUSAND DOLLARS TO THE BOARD OF
COMMISSIONERS OF PILOTS.
S 3. The navigation law is amended by adding a new section 91-c to
read as follows:
A. 5221 3
S 91-C. LICENSING OF DOCKING PILOTS UPON THE WATERS WITHIN THE PORT OF
NEW YORK AND THE PORTS OF NEW JERSEY. 1. A "DOCKING PILOT" IS A SHIP
DOCKING AND/OR UNDOCKING AND/OR IN-HARBOR MOVEMENT SPECIALIST WHO MEETS
THE QUALIFICATIONS SET FORTH IN THIS SECTION, AND WHO RECEIVES A LICENSE
FROM SAID BOARD OF COMMISSIONERS OF PILOTS TO PERFORM SUCH ACTIVITIES
WITHIN THE PORT OF NEW YORK AND THE PORTS OF NEW JERSEY WITH RESPECT TO
FOREIGN VESSELS AND AMERICAN VESSELS UNDER REGISTER OPERATING UPON THE
WATERS OF SUCH PORTS. THE COMMISSIONERS, OR A MAJORITY OF THEM, SHALL
LICENSE, WITHOUT FEE, PERSONS AS DOCKING PILOTS. THE TERM OF A DOCKING
PILOT'S LICENSE, AND EACH RENEWAL THEREOF, SHALL BE FOR ONE YEAR. APPLI-
CATION FOR RENEWAL OF A LICENSE AS A DOCKING PILOT SHALL BE MADE PRIOR
TO THE EXPIRATION OF THE LICENSE OF SUCH DOCKING PILOT. A DOCKING
PILOT'S LICENSE SHALL BE RENEWED WITHOUT FEE UPON AN APPLICANT'S SHOWING
CONTINUATION OF FULFILLMENT OF THE REQUIREMENTS OF SUBDIVISION TWO OR
THREE OF THIS SECTION. IF ANY DOCKING PILOT WILL ATTAIN THE AGE OF
SIXTY-FIVE YEARS WITHIN A YEAR OF THE DATE OF THE ISSUANCE OR RENEWAL OF
A LICENSE, THEN THE LICENSE SHALL TERMINATE AS OF THE DATE OF SUCH AGE
ATTAINMENT.
2. THE BOARD OF COMMISSIONERS, OR A MAJORITY OF THEM, SHALL LICENSE AS
"DOCKING PILOTS" THOSE APPLICANTS WHO, UPON MEETING THE SAME PHYSICAL
AND OPERATIONAL REQUIREMENTS PRESCRIBED IN THE REGULATIONS OF THE BOARD
IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, PROVIDE, WITHIN
NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, CONCLUSIVE
EVIDENCE DOCUMENTING SATISFACTION OF THE FOLLOWING REQUIREMENTS:
(A) THE APPLICANT SHALL BE THE HOLDER OF A VALID FIRST CLASS PILOT
LICENSE OR FIRST CLASS PILOT ENDORSEMENT TO A LICENSE ISSUED BY THE
UNITED STATES COAST GUARD AND EXTENDED AS NECESSARY FOR ALL AREAS OF THE
PORT OF NEW YORK AND THE PORTS OF NEW JERSEY; AND
(B) THE APPLICANT SHALL HAVE BEEN FOR THE TWO YEARS IMMEDIATELY PRIOR
THERETO ACTIVELY ENGAGED, AS A REGULAR OCCUPATION, IN CONDUCTING DOCK-
INGS AND/OR UNDOCKINGS WITH OR WITHOUT THE ASSISTANCE OF TUGBOATS OR
CONDUCTING IN-HARBOR MOVEMENTS OF ONE HUNDRED OR MORE SEAGOING COMMER-
CIAL SHIPS OF AT LEAST TEN THOUSAND REGISTERED GROSS TONS UPON THE
WATERS WITHIN THE PORT OF NEW YORK OR THE PORTS OF NEW JERSEY OTHER THAN
AS A CREW MEMBER ABOARD ANY OF SUCH VESSELS; OR
(C) AS AN ALTERNATIVE TO THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, THE APPLICANT IS QUALIFIED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
3. THE BOARD OF COMMISSIONERS SHALL REVIEW SUBMITTED APPLICATIONS AND
SHALL LICENSE AS DOCKING PILOTS THOSE APPLICANTS WHO PROVIDE CONCLUSIVE
EVIDENCE DOCUMENTING THAT THEY HAVE BEEN ACTIVELY ENGAGED IN A TRAINING
PROGRAM TO BECOME A DOCKING PILOT IN THE PORT OF NEW YORK OR THE PORTS
OF NEW JERSEY FOR NO LESS THAN SIX MONTHS PRIOR TO THE EFFECTIVE DATE OF
THIS SUBDIVISION AND WHO CAN MEET THE FOLLOWING ADDITIONAL REQUIREMENTS:
(A) THE APPLICANT SHALL BE THE HOLDER OF A VALID FIRST CLASS PILOT
LICENSE OR FIRST CLASS PILOT ENDORSEMENT TO A LICENSE ISSUED BY THE
UNITED STATES COAST GUARD AND EXTENDED AS NECESSARY FOR ALL AREAS OF THE
PORT OF NEW YORK AND THE PORTS OF NEW JERSEY;
(B) THE APPLICANT SHALL PRESENT EVIDENCE DEMONSTRATING A MINIMUM OF
TEN YEARS' EXPERIENCE IN THE MARITIME INDUSTRY (THAT MAY INCLUDE CREDIT-
ED MARITIME COLLEGE EDUCATION FOR LICENSED GRADUATES) WORKING ABOARD
VESSELS IN THE DECK DEPARTMENT, NOT LESS THAN HALF OF WHICH WERE SERVED
IN THE CAPACITY OF A LICENSED MATE OR MASTER;
(C) THE APPLICANT MUST SUBMIT WRITTEN PROOF OF HAVING OBSERVED TWO
HUNDRED OR MORE DOCKINGS AND/OR UNDOCKINGS AND/OR IN-HARBOR MOVEMENTS OF
SEAGOING COMMERCIAL SHIPS OF AT LEAST TEN THOUSAND REGISTERED GROSS TONS
A. 5221 4
UPON THE WATERS WITHIN THE PORT OF NEW YORK OR THE PORTS OF NEW JERSEY
OTHER THAN AS A CREW MEMBER ABOARD ANY OF SUCH VESSELS AND HAVING
PERFORMED TWENTY-FIVE OR MORE DOCKINGS AND/OR UNDOCKINGS AND/OR IN-HAR-
BOR MOVEMENTS UNDER THE OBSERVATION OF A SHIP DOCKING AND/OR UNDOCKING
AND/OR IN-HARBOR MOVEMENT SPECIALIST OR A PERSON WHO SUBSEQUENT TO SUCH
OBSERVATION IS LICENSED AS A DOCKING PILOT;
(D) THE APPLICANT SHALL BE AT LEAST EIGHTEEN YEARS OF AGE AND LESS
THAN SIXTY-FIVE YEARS OF AGE;
(E) THE APPLICANT SHALL BE A UNITED STATES CITIZEN;
(F) THE APPLICANT SHALL HAVE A BACHELOR'S DEGREE FROM AN ACCREDITED
FOUR YEAR COLLEGE OR UNIVERSITY, WITH EQUAL CREDIT GIVEN FOR DECK
DEPARTMENT TRAINING WHILE EMPLOYED BY, OR UNDER THE DIRECT SUPERVISION
OF, A COMPANY OPERATING VESSEL ASSIST TUGS IN THE PORT OF NEW YORK OR
PORTS OF NEW JERSEY, A DOCKING PILOT ASSOCIATION IN THE PORT OF NEW YORK
OR PORTS OF NEW JERSEY OR TIME ENROLLED AS A STUDENT AT AN ACCREDITED
MARITIME ACADEMY IN THE UNITED STATES;
(G) THE APPLICANT SHALL HAVE 20/20 VISION, EITHER CORRECTED OR UNCOR-
RECTED, AND NO DEFECTS IN COLOR OR DEPTH PERCEPTION; AND
(H) THE APPLICANT DOES NOT HAVE A DISQUALIFYING CONVICTION DESCRIBED
IN THIS SECTION.
4. THE BOARD OF COMMISSIONERS SHALL NOT GRANT A LICENSE FOR A DOCKING
PILOT TO ANY APPLICANT WHO HAS A DISQUALIFYING CONVICTION. THE BOARD OF
COMMISSIONERS SHALL NOT GRANT A LICENSE FOR A DOCKING PILOT UNLESS IT
HAS DETERMINED, CONSISTENT WITH THE STANDARDS OF THIS SECTION, THAT NO
CRIMINAL HISTORY RECORD INFORMATION EXISTS ON FILE IN THE FEDERAL BUREAU
OF INVESTIGATION, CRIMINAL JUSTICE INFORMATION SERVICES, OR THE DIVISION
OF CRIMINAL JUSTICE SERVICES WHICH WOULD DISQUALIFY THAT INDIVIDUAL FROM
BEING LICENSED. THE BOARD OF COMMISSIONERS SHALL REQUIRE THE FINGER-
PRINTING OF APPLICANTS FOR A DOCKING PILOT'S LICENSE AND SHALL SAFEGUARD
THE INFORMATION DERIVED FROM SEARCHES OF THE RECORDS OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION BASED
ON THE USE OF SUCH FINGERPRINTS. THE BOARD OF COMMISSIONERS SHALL ALSO
DEVELOP A FORM TO BE USED IN CONNECTION WITH THE SUBMISSION OF FINGER-
PRINTS THAT CONTAINS ANY OTHER INFORMATION THAT MAY BE RELEVANT TO
CONSIDERATION OF THE LICENSEE AND THAT SHALL ALSO:
(A) INFORM THE APPLICANT THAT THE BOARD IS REQUIRED TO REQUEST HIS OR
HER CRIMINAL HISTORY INFORMATION FROM THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION AND REVIEW SUCH INFOR-
MATION PURSUANT TO THIS SECTION; AND
(B) INFORM THE APPLICANT THAT HE OR SHE HAS THE RIGHT TO OBTAIN,
REVIEW, AND SEEK CORRECTION OF HIS OR HER CRIMINAL HISTORY INFORMATION
PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
5. CRIMINAL HISTORY RECORDS SEARCH. THE BOARD SHALL OBTAIN FROM EACH
APPLICANT TWO SETS OF FINGERPRINTS AND THE DIVISION OF CRIMINAL JUSTICE
SERVICES PROCESSING FEE IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF
SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW AND ANY FEE
IMPOSED BY THE FEDERAL BUREAU OF INVESTIGATION. THE BOARD SHALL PROMPTLY
TRANSMIT SUCH FINGERPRINTS AND FEES TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES FOR ITS FULL SEARCH AND RETAIN PROCESSING. THE DIVISION OF
CRIMINAL JUSTICE SERVICES IS AUTHORIZED TO SUBMIT THE FINGERPRINTS AND
THE APPROPRIATE FEE TO THE FEDERAL BUREAU OF INVESTIGATION FOR A
NATIONAL CRIMINAL HISTORY RECORD CHECK PURSUANT TO PUBLIC LAW 92-534.
THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF
INVESTIGATION SHALL FORWARD SUCH CRIMINAL HISTORY RECORD TO THE BOARD IN
A TIMELY MANNER. FOR THE PURPOSES OF THIS SECTION THE TERM "CRIMINAL
A. 5221 5
HISTORY RECORD" SHALL MEAN A RECORD OF ALL CONVICTIONS OF CRIMES AND ANY
PENDING CRIMINAL CHARGES MAINTAINED ON AN INDIVIDUAL BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION.
6. CONFIDENTIALITY OF RECORDS. ALL SUCH CRIMINAL HISTORY RECORDS PROC-
ESSED AND SENT PURSUANT TO THIS SECTION SHALL BE CONFIDENTIAL PURSUANT
TO THE APPLICABLE FEDERAL AND STATE LAWS, RULES, AND REGULATIONS, AND
SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED TO PERSONS OTHER THAN THE
BOARD, UNLESS OTHERWISE AUTHORIZED BY LAW. NO CAUSE OF ACTION AGAINST
THE BOARD OF COMMISSIONERS OR THE DIVISION OF CRIMINAL JUSTICE SERVICES
FOR DAMAGES RELATED TO THE DISSEMINATION OF CRIMINAL HISTORY RECORDS
PURSUANT TO THIS SECTION SHALL EXIST WHEN SUCH BOARD OR DIVISION OF
CRIMINAL JUSTICE SERVICES HAS REASONABLY AND IN GOOD FAITH RELIED UPON
THE ACCURACY AND COMPLETENESS OF CRIMINAL HISTORY INFORMATION FURNISHED
TO IT BY QUALIFIED AGENCIES.
7. DELINEATION OF A DISQUALIFYING CRIMINAL CONVICTION. THE BOARD OF
COMMISSIONERS SHALL REVIEW THE CRIMINAL HISTORY RECORD, IF ANY, OF AN
APPLICANT COVERED BY THIS SECTION TO DETERMINE WHETHER OR NOT THAT
APPLICANT HAS A DISQUALIFYING CRIMINAL CONVICTION IN HIS OR HER BACK-
GROUND. A DISQUALIFYING CRIMINAL CONVICTION SHALL BE EVIDENCED BY A
CRIMINAL HISTORY RECORD CHECK WHICH REVEALS A CONVICTION WITHIN THE
PRECEDING TEN YEARS OF ANY OF THE FOLLOWING:
(A) A VIOLENT FELONY OFFENSE, AS THAT TERM IS DEFINED IN SECTION 70.02
OF THE PENAL LAW; OR
(B) ANY FELONY DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED
TWENTY-FIVE, ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED
FORTY, ONE HUNDRED FORTY-FIVE, ONE HUNDRED FIFTY, ONE HUNDRED
FIFTY-FIVE, ONE HUNDRED SIXTY, ONE HUNDRED SEVENTY, ONE HUNDRED SEVEN-
TY-FIVE, TWO HUNDRED, TWO HUNDRED TEN, TWO HUNDRED TWENTY, TWO HUNDRED
TWENTY-ONE, TWO HUNDRED FORTY, TWO HUNDRED SIXTY-FIVE, FOUR HUNDRED
SIXTY, FOUR HUNDRED SEVENTY, FOUR HUNDRED EIGHTY-FIVE, OR FOUR HUNDRED
NINETY OR SECTION 190.26 OF THE PENAL LAW OR SECTION FIFTY-THREE-E OF
THE RAILROAD LAW; OR
(C) ANY OFFENSE IN ANOTHER JURISDICTION WHICH INCLUDES ALL OF THE
ESSENTIAL ELEMENTS OF SUCH VIOLENT FELONY OFFENSE OR SUCH FELONY
OFFENSES DEFINED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED TWENTY-FIVE,
ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-FIVE, ONE HUNDRED FORTY, ONE
HUNDRED FORTY-FIVE, ONE HUNDRED FIFTY, ONE HUNDRED FIFTY-FIVE, ONE
HUNDRED SIXTY, ONE HUNDRED SEVENTY, ONE HUNDRED SEVENTY-FIVE, TWO
HUNDRED, TWO HUNDRED TEN, TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-ONE,
TWO HUNDRED FORTY, TWO HUNDRED SIXTY-FIVE, FOUR HUNDRED SIXTY, FOUR
HUNDRED SEVENTY, FOUR HUNDRED EIGHTY-FIVE, OR FOUR HUNDRED NINETY OR
SECTION 190.26 OF THE PENAL LAW OR SECTION FIFTY-THREE-E OF THE RAILROAD
LAW AND FOR WHICH A SENTENCE OF IMPRISONMENT FOR MORE THAN ONE YEAR WAS
AUTHORIZED IN THE OTHER JURISDICTION AND IS AUTHORIZED IN THIS STATE,
REGARDLESS OF WHETHER SUCH SENTENCE WAS IMPOSED; OR
(D) ANY OF THE FOLLOWING FEDERAL OFFENSES: MISCONDUCT OR NEGLECT OF
SHIP OFFICERS AS DEFINED IN 18 U.S.C. 1115; FRAUD AND FALSE STATEMENTS
AS DEFINED IN 18 U.S.C. 1001; INFLUENCING OR INJURING AN OFFICER OR
JUROR AS DEFINED IN 18 U.S.C. 1503; OBSTRUCTION OF CRIMINAL INVESTI-
GATIONS AS DEFINED IN 18 U.S.C. 1510; VIOLATION OF MARPOL PROTOCOL AS
DEFINED IN 33 U.S.C. 1908; SENDING AN UNSEAWORTHY VESSEL TO SEA AS
DEFINED IN 46 U.S.C. 10908; FORGERY OF CERTIFICATES, FALSE MARKING OF
AIRCRAFT, AND OTHER AIRCRAFT REGISTRATION VIOLATIONS AS DEFINED IN 49
U.S.C. 46306; INTERFERENCE WITH AIR NAVIGATION AS DEFINED IN 49 U.S.C.
46308; IMPROPER TRANSPORTATION OF A HAZARDOUS MATERIAL AS DEFINED IN 49
U.S.C. 46312; AIRCRAFT PIRACY AS DEFINED IN 49 U.S.C. 46502; INTERFER-
A. 5221 6
ENCE WITH FLIGHT CREW MEMBERS OR FLIGHT ATTENDANTS AS DEFINED IN 49
U.S.C. 46504; COMMISSION OF CERTAIN CRIMES ABOARD AIRCRAFT IN FLIGHT AS
DEFINED IN 49 U.S.C. 46506; CARRYING A WEAPON OR EXPLOSIVE ABOARD
AIRCRAFT AS DEFINED IN 49 U.S.C. 46505; CONVEYING FALSE INFORMATION AND
THREATS AS DEFINED IN 49 U.S.C. 46507; AIRCRAFT PIRACY OUTSIDE THE
SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES AS DEFINED IN U.S.C.
46502(B); LIGHTING VIOLATION INVOLVING TRANSPORTING CONTROLLED
SUBSTANCES AS DEFINED IN 49 U.S.C. 46315; UNLAWFUL ENTRY INTO AN
AIRCRAFT OR AIRPORT AREA THAT SERVES AIR CARRIERS OR FOREIGN AIR CARRI-
ERS CONTRARY TO ESTABLISHED SECURITY REQUIREMENTS AS DEFINED IN 49
U.S.C. 46314; DESTRUCTION OF AN AIRCRAFT OR AIRCRAFT FACILITY AS DEFINED
IN 18 U.S.C. 32; ESPIONAGE AS DEFINED IN 18 U.S.C. 793, 794, OR 3077;
SEDITION AS DEFINED IN 18 U.S.C. 2384, 2385, OR SECTION FOUR OF THE
SUBVERSIVE ACTIVITIES CONTROL ACT OF 1950; TREASON AS DEFINED IN 6
U.S.C. 2381; VIOLENCE AT INTERNATIONAL AIRPORTS AS DEFINED IN 18 U.S.C.
37; CONSPIRACY OR SOLICITATION AS DEFINED IN 18 U.S.C. 371 OR 373; OR
(E) AN ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE OFFENSES SPECIFIED
IN PARAGRAPH (A), (B), (C) OR (D) OF THIS SUBDIVISION.
THE BOARD OF COMMISSIONERS SHALL PROMPTLY NOTIFY THE APPLICANT IN
WRITING WHETHER OR NOT SUCH PERSON MAY BE ELIGIBLE FOR A LICENSE AS A
DOCKING PILOT TO WHICH THE PROVISIONS OF THIS SECTION APPLY BASED UPON
HIS OR HER CRIMINAL HISTORY. UNLESS OTHERWISE SPECIFIED BY LAW OR REGU-
LATION, THE APPLICANT SHALL HAVE FOURTEEN DAYS FROM THE DATE OF A WRIT-
TEN NOTICE OF DISQUALIFICATION TO CHALLENGE THE ACCURACY OF THE CRIMINAL
HISTORY RECORD INFORMATION. IF NO CHALLENGE IS FILED OR IF THE DETERMI-
NATION OF THE ACCURACY OF THE CRIMINAL HISTORY RECORD INFORMATION
UPHOLDS THE DISQUALIFICATION, THE BOARD OF COMMISSIONERS SHALL NOTIFY
THE APPLICANT THAT HE OR SHE HAS BEEN DISQUALIFIED FROM BEING LICENSED
AS A DOCKING PILOT.
EVERY HOLDER OF A LICENSE AS A DOCKING PILOT SHALL HAVE A CONTINUING
OBLIGATION TO PROMPTLY NOTIFY THE BOARD OF COMMISSIONERS OF ANY
CONVICTION OF A CRIME PUNISHABLE BY MORE THAN ONE YEAR IN PRISON. THE
FAILURE TO SO NOTIFY THE BOARD SHALL BE GROUNDS FOR IMMEDIATE TERMI-
NATION OF EMPLOYMENT.
8. LICENSURE AS A DOCKING PILOT DOES NOT ENTITLE OR PERMIT THE HOLDER
OF SAID LICENSE TO PILOT FOREIGN VESSELS OR AMERICAN VESSELS UNDER
REGISTER AS THEY ENTER OR DEPART THE PORT OF NEW YORK OR THE PORTS OF
NEW JERSEY BY THE WAY OF SANDY HOOK OR BY THE WAY OF SANDS POINT OR
EXECUTION ROCKS. NOTHING IN THIS SECTION SHALL PRECLUDE A SANDY HOOK
PILOT FROM DOCKING AND/OR UNDOCKING SUCH VESSELS WITH OR WITHOUT TUGS AT
THE REQUEST OF THE VESSEL'S MASTER, NOR FROM CONDUCTING IN-HARBOR MOVE-
MENTS OF SUCH VESSELS UPON THE WATERS WITHIN THE PORT OF NEW YORK OR THE
PORTS OF NEW JERSEY, NOR FROM DISCHARGE UNTIL COMPLETION OF TRANSIT FOR
THE VESSELS DESCRIBED IN SECTION EIGHTY-EIGHT-A OF THIS ARTICLE.
S 4. Section 95 of the navigation law, as added by chapter 880 of the
laws of 1947, is amended to read as follows:
S 95. Regulation of pilots and persons employing them. 1. The board of
commissioners may alter or amend any existing regulation for pilots, and
make, duly promulgate, and enforce new rules or regulations, not incon-
sistent with the laws of this state or of the United States, which shall
be binding and effective upon all pilots licensed under this article,
and upon all parties employing such pilots. The commissioners may also
regulate the stationing of pilot boats for the purpose of putting SANDY
HOOK pilots aboard and taking of them off vessels bound to and from the
port of New York OR THE PORTS OF NEW JERSEY and may designate the areas
in which such vessels shall be boarded and left by such pilots. Such
A. 5221 7
commissioners may declare and enforce forfeitures of pilotage upon any
mismanagement or neglect of duty by the pilots licensed by them. Such
commissioners, in order to prevent any of the pilots licensed by them
from combining injuriously with each other, or with other persons, and
to prevent any person licensed by them from acting as a pilot during his
OR HER suspension, or after his OR HER license has been revoked, may
declare, impose and collect fines and penalties not exceeding two
hundred fifty dollars for each such offense. The commissioners may also
establish and enforce all other needful rules and regulations for the
conduct of the pilots licensed by them, and the parties employing them.
Such commissioners may enforce and receive accounts of all moneys
collected for pilotage by the pilots licensed by them and may impose and
collect from such pilots a sum not exceeding three per centum on the
amount thereof to defray their necessary expenses, including clerk hire
and office rent.
2. THE BOARD OF COMMISSIONERS IS AUTHORIZED TO ISSUE PHOTOGRAPHIC
IDENTIFICATION CARDS TO ANY PILOTS LICENSED UNDER THIS ARTICLE.
S 5. This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the one hundred eightieth
day after it shall have become a law.