87 - 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  elsemay  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