Require Background Checks for Pilots

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 fingerprints 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 confidential 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 information 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 eightyeight 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 exceeding 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. Application 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 dockings and/or undockings with or without the assistance of tugboats or conducting in-harbor movements of one hundred or more seagoing commercial 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 credited 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-harbor 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 uncorrected, 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 fingerprinting 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 fingerprints 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 information 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 processed 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.