S T A T E   O F   N E W   Y O R K
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                                  4730

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced  by M. of A. TITONE, TOBACCO -- 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:

  Section  1. The executive law is amended by adding a new section 837-s
to read as follows:
  S 837-S. CRIMINAL HISTORY RECORDS  SEARCH  FOR  CERTAIN  LICENSES  FOR
PILOTAGE  UPON  THE  WATERS WITHIN THE PORT OF NEW YORK AND THE PORTS OF
NEW JERSEY. 1. AS USED IN THIS SECTION:
  (A) "BOARD" SHALL MEAN THE BOARD OF COMMISSIONERS  OF  PILOTS  OF  THE
STATE OF NEW YORK.
  (B) "APPLICANT" SHALL MEAN A PERSON APPLYING FOR A LICENSE PURSUANT TO
SECTION   NINETY-ONE-C   OF  THE  NAVIGATION  LAW,  WHICH  REQUIRES  THE
SUBMISSION OF FINGERPRINTS.
  2. AS A CONDITION OF ELIGIBILITY FOR SUCH LICENSES,  THE  BOARD  SHALL
OBTAIN  TWO SETS OF THE APPLICANT'S FINGERPRINTS AND SUBMIT SUCH FINGER-
PRINTS TO THE DIVISION FOR PURPOSES OF DETERMINING THE CRIMINAL  HISTORY
OF THE APPLICANT.
  3.  THE  FIRST  SET  OF FINGERPRINTS RECEIVED BY THE DIVISION SHALL BE
USED TO IDENTIFY THE APPLICANT AND TO CONDUCT A CRIMINAL HISTORY RECORDS
SEARCH OF THE DIVISION'S NEW YORK STATE FILES TO  DETERMINE  WHETHER  OR
NOT  SUCH  APPLICANT  HAS A CRIMINAL HISTORY IN THIS STATE. THE DIVISION
SHALL FORWARD THE SECOND SET OF SUCH  APPLICANT'S  FINGERPRINTS  TO  THE
FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF A NATIONWIDE CRIMINAL
HISTORY  RECORD CHECK TO DETERMINE WHETHER SUCH APPLICANT HAS A CRIMINAL
HISTORY IN ANY OTHER STATE OR FEDERAL JURISDICTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02754-02-1

              

A. 4730                             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. 4730                             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. 4730                             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. 4730                             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. 4730                             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. 4730                             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.