S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7289
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. The executive law is amended by adding a new section  837-t
 to read as follows:
   §  837-T.  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.
                                                            LBD11020-01-7
              

 A. 7289                             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.
   § 2. The navigation law is amended by adding a new section 89 to  read
 as follows:
   §  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.
   §  3.  The  navigation  law is amended by adding a new section 91-c to
 read as follows:

 A. 7289                             3
 
   § 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. 7289                             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. 7289                             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  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; 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. 7289                             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.
   §  4. Section 95 of the navigation law, as added by chapter 880 of the
 laws of 1947, is amended to read as follows:
   § 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. 7289                             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.
   §  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.