2006 New York Code - Board Of Commissioners Of Pilots; Powers And Duties.

 
    § 87. Board  of  commissioners  of pilots; powers and duties. 1. There
  shall continue to be in the city of  New  York,  a  board  entitled  the
  "board of commissioners of pilots," consisting of six persons, who shall
  hold  their  offices  respectively, for two years from the time of their
  election, and until their successors are elected and have qualified. The
  governor, temporary president of the  senate  and  the  speaker  of  the
  assembly  shall  each  appoint  one  commissioner.  Two  other  of  such
  commissioners shall be elected by the presidents and vice-presidents  of
  the  marine  insurance  companies  of the city of New York, composing or
  represented in the board of underwriters of such city,  at  a  regularly
  convened meeting of such board. Notice of such meeting shall be given by
  the  secretary  of the board of underwriters or some member of the board
  duly  authorized  by  it  and  it  shall  state  that  the  election  of
  commissioners  will take place. Such notice shall be given in writing at
  least one day before the election and shall be delivered at  the  office
  of  such  company.  Each  insurance  company represented at such meeting
  shall be entitled to one vote, and the certificate of the  secretary  of
  such  board,  or of any officer acting in his stead, shall be sufficient
  prima facie evidence of an election. The  sixth  commissioner  shall  be
  appointed  by  the  governor  from among the members or the staff of the
  Albany port district commission for a term of two years  and  until  his
  successor  is appointed and has qualified. No person shall be elected or
  appointed  to  the  board  of  commissioners  of  pilots  who  holds  or
  heretofore  held  a  pilot's  license issued pursuant to this article or
  pursuant to any law, rule or regulation of this state or  any  political
  subdivision,  board,  commission  or  authority  of this state or of any
  other state or pursuant to any federal law, rule or regulation.  Of  the
  six  members  of  the  board  of  commissioners of pilots, at least four
  commissioners shall have been a licensed  deck  officer  in  the  United
  States  Merchant  Marine  or  an unrestricted line officer in the United
  States Naval Service or a commissioned  officer  in  the  United  States
  Coast  Guard, and commanded a navigation watch on an ocean going vessel.
  The remaining two commissioners shall each have a minimum of five  years
  of  experience  within the maritime industry. Upon the expiration of the
  term of office of any commissioner or commissioners,  or  within  thirty
  days   prior   thereto,   and  upon  any  vacancy  occurring  by  death,
  resignation, removal from the state, or other cause, another election or
  appointment to fill such office for the term of two years shall be  held
  by  the same class of persons or authority which had previously held the
  election or appointment for the office so expiring or becoming vacant.
    2. Each commissioner, before entering upon the duties of  his  office,
  shall   take  the  constitutional  oath  of  office  before  an  officer
  authorized to administer oaths,  which  oath  or  affirmation  shall  be
  filed,  without  delay,  in the office of the clerk of the county of New
  York.
    3. The board of commissioners shall appoint and at pleasure  remove  a
  secretary  and shall prescribe his duties and fix his compensation. Such
  secretary shall take a like  oath,  to  be  filed  in  like  manner,  as
  provided in subdivision two. The board shall establish an office in some
  convenient  place in the city of New York, where the commissioners shall
  meet on the  first  Tuesday  of  every  month,  or  more  frequently  by
  adjournment,  or  upon  a  notice  given  by  any one of them, or by the
  secretary, as the circumstances may require.
    4. The commissioners shall require  the  secretary  in  person  or  by
  deputy  to  be  in  daily  attendance  at their office during reasonable
  office hours on  all  ordinary  business  days.  They  shall  cause  the
  secretary  to  keep  a  proper book or books, in which all the rules and
  regulations, official transactions and proceedings,  and  whatever  else
  may  be  deemed  by them proper and useful and immediately pertaining to
  their duties or to the pilot service, shall be entered. They shall  also
  cause the secretary to keep a register of the names and addresses of all
  the  pilots  licensed  by  them,  with the dates of their licenses. Such
  books may be inspected by any person interested.
    5. The decision of a majority of the commissioners shall be conclusive
  upon all questions arising  under  this  article,  except  as  otherwise
  provided.  In  case  of  an omission to fill any vacancy in the board of
  commissioners for one month, the remaining commissioners shall have  and
  exercise  all of the powers and duties of the board until the vacancy is
  filled.
    * 6. (a) The  board  of  commissioners  of  pilots  shall  advise  the
  governor and the legislature on matters pertaining to pilotage fees. The
  board  is authorized to review all aspects relevant to the determination
  of pilotage fees for vessels entering or departing from the Port of  New
  York  by way of Sandy Hook and by way of Sands Point or Execution Rocks;
  for vessels transitting the Hudson river between Yonkers and the dam  at
  Troy;  and  for  vessels  transitting Long Island Sound and Block Island
  Sound east of a line from City Island  avenue  on  City  Island  through
  Stepping Stones Light and entering or departing from any port on the New
  York  state waters of Long Island Sound east of Sands Point or Execution
  Rocks for the purpose of  making  recommendations  consistent  with  the
  objectives  of  assuring  public safety, protection of property, and the
  protection of the environment. The board shall give due consideration to
  the following:
    (1) The costs and other expenses incurred by pilots in  providing  the
  required services;
    (2)  The amount sufficient to provide a net return to the pilots which
  will attract and hold competent persons;
    (3) Pilotage rates for comparable services  on  other  waters  of  the
  United States;
    (4) The methods of establishing pilotage rates for other waters of the
  United States;
    (5)  Economic  factors  affecting  the  shipping  industry  and  pilot
  services in the areas under the jurisdiction of the board;
    (6) Additions or modification of equipment in pilot  vessels  required
  to adequately protect persons, property, and the environment;
    (7)  Auditors'  reports pertaining to the income and expenses of pilot
  associations;
    (8) The number of pilots  needed  to  provide  and  maintain  adequate
  services for the areas under the jurisdiction of the board;
    (9)  Review of the apprentice and training programs for the purpose of
  determining the numbers of persons needed to fill vacancies in the pilot
  services as they arise;
    (10) Any other information deemed pertinent by the board.
    (b) The board of commissioners of pilots shall submit to the  governor
  and the legislature a report containing its findings and recommendations
  on pilotage fees on or before March first of each year.
    * NB Expired June 30, 1995