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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 12 COMMERCE AND NAVIGATION
Chapter : 12:8-1
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12:8-1. Appointment; term; qualifications; vacancies; name changed; transfer of Board in but not of DOT; redesignated commission.
12:8-1. The Governor, by and with the advice and consent of the Senate, shall appoint six commissioners of maritime and docking pilots, hereinafter in this chapter called ~commissioners~, who shall hold their offices, respectively, for three years and until a successor is appointed and qualified. No more than three of the commissioners shall be members of the same political party, and they shall be selected from among such persons as have been officers in our naval, Coast Guard or merchant service, or have been duly qualified as United States Merchant Marine Officers.
The Board of Commissioners of Pilotage of the State of New Jersey, together with its functions, powers and duties is continued as the New Jersey Maritime Pilot and Docking Pilot Commission (the ~commission~) but is transferred to the Department of Transportation. The commission shall be in, but not of, the Department of Transportation. This transfer shall be subject to the ~State Agency Transfer Act,~ P.L.1971, c.375 (C.52:14B-1 et seq.). Nothing in this section shall be construed as affecting the terms of office of the present commissioners of pilotage. The commission shall consist of the commissioners appointed pursuant to this section.
Each January, the commission shall elect from its membership a president, vice president, treasurer and secretary. The commission may employ an executive director and other employees on such terms and conditions as it deems appropriate, without regard to the provisions of Title 11A of the New Jersey Statutes.
The commissioners and officers and employees of the commission shall be enrolled in the Public Employees@ Retirement System and shall be eligible to participate in the State Health Benefits Program established pursuant to the ~New Jersey State Health Benefits Program Act,~ P.L.1961, c.49 (C.52:14-17.25 et seq.). The commissioners and officers and employees who may currently be members of the Public Employees@ Retirement System shall continue in membership.
In case any commissioner shall die or resign, or otherwise become disqualified to act, the governor shall forthwith fill such vacancy in the same manner and for the same term as an original appointment.
A true copy of the minutes of every meeting of the commission shall be forthwith delivered by and under the certification of the secretary thereof to the Governor. No action taken at that meeting by the commission shall have force or effect until the earlier of 15 days, exclusive of Saturdays, Sundays and public holidays, after the copy of the minutes shall have been so delivered, or the approval thereof by the Governor. If, in the 15-day period, the Governor returns the copy of the minutes with veto of any action taken by the commission or any member thereof at that meeting, the action shall be null and of no effect. The minutes of any meeting at which the commission proposed or approves its operating or capital outlay budget shall include a copy of that budget. This paragraph shall not apply to any disciplinary proceedings or actions taken by the commission.
Amended 2004, c.72, s.3.
12:8-1.1 Findings, declarations relative to pilotage.
1. The Legislature finds and declares:
a. The State of New Jersey has responsibility for port security in the Port of New York and New Jersey and, pursuant to federal law, has the right and responsibility to regulate maritime pilotage in the port.
b. In the aftermath of the terrorist attacks of September 11, 2001, increased emphasis has been required by both the federal and state governments on homeland security, with particular attention to the security of American ports.
c. Although efforts have been made to enhance the defense of the New York and New Jersey port area from terrorist attacks and to implement improved immigration and customs procedures, modernization and clarification of New Jersey@s laws relating to those who pilot and dock foreign and domestic vessels have not yet occurred.
d. There is a need to provide for a system that will ensure the proper and consistent identification, training, selection, oversight and monitoring of both maritime pilots and docking pilots.
e. It is therefore in the public interest to modernize, clarify, revise and expand New Jersey@s maritime pilotage laws, and to strengthen the New Jersey pilotage commission by expanding its powers and duties and clarifying that docking pilots are under its jurisdiction.
f. It is further in the public interest that the commission be charged with the concurrent responsibility to ensure the safe operation and navigation of vessels, to protect the environment and enhance the economic viability of the port.
L.2004,c.72,s.1.
12:8-1.2 Definitions relative to pilotage.
2. As used in chapter 8 of Title 12 of the Revised Statutes:
~Apprentice~ means a person who is listed as a qualified apprentice with the commission pursuant to section 34 of P.L.2004, c.72 (C.12:8-50) or who is on the commission@s books as an apprentice pursuant to R.S.12:8-10, R.S.12:8-11 or R.S.12:8-12.
~Bar of Sandy Hook~ or ~bar~ means the built-up area under the waters between the northern most point of Sandy Hook extending generally northeastward to the south shore of Long Island caused by a deposit of sediment. The location of the bar is not static.
~Commission~ means the New Jersey Maritime Pilot and Docking Pilot Commission established pursuant to R.S.12:8-1.
~Commissioners~ means the commissioners of maritime and docking pilots appointed by the Governor pursuant to R.S.12:8-1.
~Docking pilot~ means a person licensed by the commission and entered in the register maintained pursuant to section 36 of P.L.2004, c.72 (C.12:8-52).
~Independent Pilot Association~ means any association of pilots or docking pilots, other than the United New York or New Jersey Sandy Hook Pilots@ Benevolent Associations, whose members are qualified to pilot vessels in pilotage waters.
~Maritime pilot,~ ~Licensed pilot~ or ~Sandy Hook pilot~ means a person who is licensed by the commission to pilot regulated vessels pursuant to R.S.12:8-12 and who is a member of the United New Jersey Sandy Hook Pilots@ Benevolent Association or the United New York Sandy Hook Pilots@ Benevolent Association.
~Pilotage waters~ means boundary waters of the states of New Jersey and New York, ports on those boundary waters, the Sandy Hook, Raritan, Upper and Lower Bays of the Port of New York and New Jersey; the rivers Raritan, Hackensack, Passaic and Shrewsbury, Newark Bay, Arthur Kill, Kill van Kull, the Bar at Sandy Hook and waters easterly of the Bar on which regulated vessels navigate when entering or departing the port of New York and New Jersey, ports south of Sandy Hook to Atlantic City and waters easterly of these ports which regulated vessels navigate when entering or departing these ports.
~Pilots@ Association~ or ~association~ means the United New Jersey Sandy Hook Pilots@ Benevolent Association or the United New York Sandy Hook Pilots@ Benevolent Association.
~President~ means the president of the commission.
~Regulated vessel~ means a vessel required by the laws of the states of New Jersey or New York to take a state licensed maritime pilot.
~Tugboat~ means any vessel employed to assist the movement of a regulated vessel on pilotage waters.
L.2004,c.72,s.2.
12:8-1.3 References deemed changed to NJ Maritime Pilot and Docking Pilot Commission.
4. On and after the effective date of P.L.2004, c.72 (C.12:8-1.1 et al.) any reference in any law, rule, regulation, order, contract or document to the ~Board of Commissioners of Pilotage of the State of New Jersey~ or the ~board of New Jersey pilot commissioners~ shall be deemed to mean or refer to the New Jersey Maritime Pilot and Docking Pilot Commission in but not of the Department of Transportation.
L.2004,c.72,s.4.
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