§ 87 — Board of commissioners of pilots; powers and duties

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