Bill Text: CA AB1025 | 2011-2012 | Regular Session | Chaptered
Bill Title: Harbors and ports: inland pilots.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-09-26 - Chaptered by Secretary of State - Chapter 324, Statutes of 2011. [AB1025 Detail]
Download: California-2011-AB1025-Chaptered.html
BILL NUMBER: AB 1025 CHAPTERED
BILL TEXT
CHAPTER 324
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2011
APPROVED BY GOVERNOR SEPTEMBER 26, 2011
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 22, 2011
AMENDED IN ASSEMBLY APRIL 13, 2011
AMENDED IN ASSEMBLY MARCH 30, 2011
INTRODUCED BY Assembly Member Skinner
(Coauthor: Assembly Member Buchanan)
FEBRUARY 18, 2011
An act to amend Sections 1113, 1126, 1127, 1136, 1140, 1156,
1156.6, 1157, 1157.1, 1157.5, 1158.1, 1171, 1171.5, 1176, 1180,
1180.3, 1180.6, 1181, 1182, 1183, 1191, 1196, 1196.1, and 1196.3 of,
to amend and renumber Section 1159.1 of, to add Section 1171.6 to,
and to repeal Section 1142 of, the Harbors and Navigation Code,
relating to bar pilots, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1025, Skinner. Harbors and ports: inland pilots.
Existing law provides for the regulation and licensing of pilots
and inland pilots for the Bays of Monterey, San Francisco, San Pablo,
and Suisun by the Board of Pilot Commissioners (board). Under
existing law, any person who does not hold a license as a pilot or as
an inland pilot and who pilots any vessel into or out of any harbor
or port of the Bays of Monterey, San Francisco, San Pablo, or Suisun,
or who acts as a pilot for ship movements or special operations upon
the waters of any of those bays is guilty of a misdemeanor.
Existing law requires the board to adopt a continuing education
program for pilots and inland pilots funded from fees from the
surcharge for each movement of a vessel using pilot services.
Existing law requires the board to adopt training standards and a
training program for pilot trainees.
This bill would delete all references to inland pilots from these
provisions.
Existing law requires the executive director of the board to
assign a commission investigator, if suspected equipment safety
standard violations are reported to the board, to personally inspect
the equipment for its compliance with the relevant safety standards.
Existing law requires the commission investigator to report
preliminary conclusions to the executive director. Existing law also
requires the commission investigator to submit a report, that is
required to remain confidential, to an incident review committee and
the committee is required to report its findings, if any, to the
board.
This bill would recast these provisions to instead require the
executive director to perform investigations, make findings and
recommendations, and report to the board regarding suspected
equipment safety standard violations.
The bill would require an examination fee to be charged in an
amount established by the board to each applicant to the pilot
trainee training program who participates in any written or simulator
examinations established by the board for the purposes of
determining admission to the pilot trainee training program. The bill
would require that the fee be charged only to those who actually
participate in an examination and not exceed the administrative costs
to the board of preparing and administering the examination. The
bill would require that the moneys charged and collected from the
applicant be paid to the board and deposited into the Board of Pilot
Commissioners' Special Fund, a continuously appropriated fund, and be
used only to fund the pilot trainee training program in the manner
established by the board.
By increasing the amount of revenue deposited into a continuously
appropriated fund and by authorizing the expenditure of money in that
fund for a new purpose, the bill would make an appropriation.
Existing law requires the Governor to appoint one assistant
director to serve at the pleasure of the Governor. Existing law
requires the assistant director to have the duties as assigned by the
executive director who is appointed by the Board of Pilot
Commissioners.
This bill would require that the Secretary of Business,
Transportation and Housing appoint one assistant director to serve in
a career executive assignment at the pleasure of the secretary.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1113 of the Harbors and Navigation Code is
amended to read:
1113. "Inland pilot" means a person holding an inland pilot
license prior to January 1, 2011.
SEC. 2. Section 1126 of the Harbors and Navigation Code is amended
to read:
1126. (a) A person who does not hold a license as a pilot issued
pursuant to this division, and who pilots any vessel into or out of
any harbor or port of Monterey Bay and the Bay of San Francisco, San
Pablo, or Suisun, or who acts as a pilot for ship movements or
special operations upon the waters of any of those bays, is guilty of
a misdemeanor. In addition to the fines or other penalties provided
by law, the court may order that person to pay to the pilot who is
entitled to pilot the vessel the amount of pilotage fees collected.
No fees shall be paid for pilotage if a state-licensed pilot refuses
to join the vessel under paragraph (5) of subdivision (c).
(b) A person may also be enjoined from engaging in the pilotage
prescribed by subdivision (a) by a court of competent jurisdiction.
(c) This section does not apply to any of the following persons:
(1) The master of a vessel who has relieved the pilot to ensure
the safe operation of the vessel, but only from the point where the
pilot is relieved to the closest safe berth or anchorage, or the high
seas if closer than a safe berth or anchorage.
(2) Persons piloting vessels pursuant to the valid regulatory
authority of the Port of Sacramento or the Port of Stockton.
(3) Persons piloting vessels sailing under an enrollment, as
specified in Section 1127.
(4) Persons piloting vessels pursuant to Section 1179.
(5) Persons piloting vessels if a state-licensed pilot refuses to
join the vessel. However, a vessel may not hire a pilot not licensed
by the state until a representative of the vessel notifies the port
agent or his or her designee that the vessel will hire a pilot not
licensed by the state unless a state-licensed pilot offers to join
the vessel immediately. The port agent or his or her designee shall
notify the executive director of the board or his or her designee
that this paragraph applies.
(d) The exemption set forth in paragraph (5) of subdivision (c)
does not apply in instances in which a state licensed pilot refuses
to join a vessel because of suspected safety violations concerning
that vessel's pilot hoists or pilot ladders.
SEC. 3. Section 1127 of the Harbors and Navigation Code is amended
to read:
1127. (a) The Legislature finds and declares that it is the
policy of the state to ensure the safety of persons, property, and
vessels using the waters of Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun and to avoid damage to those waters
and surrounding ecosystems as a result of vessel collision or damage
by providing competent, efficient, and regulated pilotage for vessels
required by this division to secure pilotage services.
(b) This section does not supersede, modify, or otherwise alter
pilot practices that are not safety related, including, but not
limited to, the determination of rates charged for pilot services or
employer-employee relationships for individuals, agencies, or
organizations involved in providing pilotage services between any
port of Monterey Bay and the Bays of San Francisco, San Pablo, and
Suisun and any other port of the United States that is in existence
on December 31, 1995, or otherwise abridge the authority of local
port or harbor districts relating to pilotage in effect on December
31, 1995.
(c) The board shall regulate pilotage on waters of the state as
provided in this division.
(d) A vessel sailing under a coastwise license or appropriately
endorsed registry and engaged in the coasting trade between a port of
Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun
and another port of the United States is exempt from all pilotage
charges unless a pilot is actually employed. A foreign vessel and a
vessel bound between a foreign port and a port of Monterey Bay and
the Bays of San Francisco, San Pablo, and Suisun, and a vessel
sailing under a register between a port of Monterey Bay and the Bays
of San Francisco, San Pablo, and Suisun and another port of the
United States, shall use a pilot holding a license issued pursuant to
this division, except as otherwise provided by law.
(e) Subdivision (d) does not apply to a vessel that is less than
750 gross tons and is manufactured and used for private recreation.
SEC. 4. Section 1136 of the Harbors and Navigation Code is amended
to read:
1136. A pilot licensed pursuant to this division shall do all of
the following:
(a) Take an oath of office in the manner prescribed by law.
(b) Submit monthly to the board a verified account of all moneys
or other compensation received by the pilot as a result of pilotage
services, or by any other person for the pilot, or on the pilot's
account, on the forms furnished by the board.
SEC. 5. Section 1140 of the Harbors and Navigation Code is amended
to read:
1140. (a) It is the intent of the Legislature to provide for a
unified system of state regulated pilotage for Monterey Bay and the
Bays of San Francisco, San Pablo, and Suisun.
(b) The Legislature finds and declares that unified pilotage will
be beneficial to the safety of people, vessels, and property using
those bays and tributaries.
(c) The Legislature further finds and declares that unified
systems of regulated pilotage are common to the ports of the world
and are most familiar to, and best able to serve, both foreign and
domestic vessels.
SEC. 6. Section 1142 of the Harbors and Navigation Code is
repealed.
SEC. 7. Section 1156 of the Harbors and Navigation Code is amended
to read:
1156. (a) The board may appoint, fix the compensation of, and
from time to time adjust the compensation of, an executive director
who is exempt from the civil service laws, and other employees as may
be necessary. The executive director may perform all duties,
exercise all powers, discharge all responsibilities, and administer
and enforce all laws, rules, and regulations under the jurisdiction
of the board, with the approval of the board, including, but not
limited to, all of the following:
(1) The administration of personnel employed by the board in
accordance with the civil service laws.
(2) To serve as treasurer of the board and keep, maintain, and
provide the board with all statements of accounts, records of
receipts, and disbursements of the board in accordance with the law.
(3) The issuance and countersigning of licenses that shall also be
signed by the president of the board.
(4) The administration of matters and the maintenance of files
pertaining to action taken against licenses issued by the board.
(5) The administration of investigations of, and reporting on, a
navigational incident or other matter for which a license issued by
the board may be revoked or suspended.
(6) To work with board members, staff, and other interested
stakeholders to recommend improvements in the pilot training program.
(7) Under the direction of the board, to coordinate with other
state and federal agencies charged with protecting the environment
and with the oil and hazardous chemical shipping industry.
(8) Any other function, task, or duty as may reasonably be
assigned by the president of the board, including, but not limited
to, performing research and obtaining documents and other evidence
for board activities, including rate hearings.
(b) The Secretary of Business, Transportation and Housing shall
appoint one assistant director to serve in a career executive
assignment at the pleasure of the secretary. The assistant director
shall have the duties as assigned by the executive director, and
shall be responsible to the executive director for the performance of
his or her duties.
(c) The board may employ personnel necessary to carry out the
purposes of this chapter. All personnel shall be appointed pursuant
to the State Civil Service Act (Part 1 (commencing with Section
18000) of Division 5 of Title 2 of the Government Code), except for
the executive director and the assistant director, who shall be
exempt from state civil service. The board may fix the compensation
of, and from time to time adjust the compensation of, any employees
as may be necessary.
(d) All personnel of the board shall be appointed, directed, and
controlled by the board, the executive director, or the board's
authorized deputies or agents to whom it may delegate its powers.
(e) The board may contract and employ commission investigators.
The board shall adopt regulations for the minimum standards for a
commission investigator that shall include, but are not limited to, a
basic knowledge of investigative techniques and maritime issues.
SEC. 8. Section 1156.6 of the Harbors and Navigation Code is
amended to read:
1156.6. (a) If suspected safety standard violations concerning
pilot hoists, pilot ladders, or the proper rigging of pilot hoists or
pilot ladders are reported to the board, the executive director
shall investigate the report. The executive director may personally
inspect or assign a commission investigator to personally inspect the
equipment for its compliance with the relevant safety standards
promulgated by the United States Coast Guard and the International
Maritime Organization. If, in the preliminary investigation, the
equipment is found to be in violation, or in likely violation in the
opinion of the executive director, of the relevant safety standards,
the executive director shall immediately alert the cognizant United
States Coast Guard office. The executive director shall report his or
her findings and recommendations, if any, to the board. The board
shall receive the executive director's findings, which may include
other reports, information, or statements from interested parties.
The board shall specify, by regulation, the information that shall be
contained in the report.
(b) This section applies to the pilotage grounds, as defined in
Section 1114.5. If a vessel passes outside of the pilotage grounds,
the executive director's report shall include that fact along with a
description of the incident.
(c) The record of the investigation and the board's findings and
recommendations, if any, shall be a public record maintained by the
board.
SEC. 9. Section 1157 of the Harbors and Navigation Code is amended
to read:
1157. The board shall keep a written record of all the board's
proceedings and acts.
(a) The board shall also keep a complete record of each pilot
appointed and licensed by the board that includes, at a minimum, his
or her current mailing address, residence, the date of the initial
issuance and renewal of the license, the date of completion for
initial and any subsequent training, and a record of any reports of
meritorious activities, commendation, misconduct, safety violations,
or other incidents or information related or relevant to the issuance
and use of his or her pilot license.
(b) All pilots licensed by the board shall provide the board with
written notice of any change of name, mailing address, or residence
within 30 days of that change in a manner prescribed by the board.
SEC. 10. Section 1157.1 of the Harbors and Navigation Code is
amended to read:
1157.1. (a) Except as provided in Section 1157.4, all records of
the board relating to the personal information of a pilot, a pilot
trainee, or an applicant to the pilot trainee training program are
confidential and shall not be open to public inspection.
(b) For purposes of this section, "personal information" means
information, other than the name and mailing address, that identifies
an individual, including an individual's photograph, social security
number, address, telephone number, and medical or disability
information, but does not include other information related to
licensing such as incidents, rules or safety violations, misconduct,
training records, commendations, and license status.
SEC. 11. Section 1157.5 of the Harbors and Navigation Code is
amended to read:
1157.5. On or before April 15, 2010, and annually thereafter, the
board shall submit to the Secretary of the Senate, the Chief Clerk
of the Assembly, and the Secretary of Business, Transportation and
Housing a report describing the board's activities for the preceding
calendar year. The report shall include, but not be limited to, all
of the following:
(a) The number of vessel movements across the bar, on the bays,
and on the rivers within the board's jurisdiction.
(b) The name of each licensed pilot and pilot trainee, and the
status of each person. If a person has had more than one status
during the reporting year, each status and the length of time in that
status shall be indicated. For the purposes of this section, "status"
includes all of the following designations:
(1) Licensed and fit for duty.
(2) Licensed and not fit for duty.
(3) Licensed and on authorized training.
(4) Licensed and on active military duty.
(5) Licensed and on leave of absence.
(6) Licensed but license suspended.
(c) A summary of each report of misconduct or a navigational
incident involving a pilot or pilot trainee, or other matters for
which a license issued by the board may be revoked or suspended. For
those cases that have been closed, the summary shall include a
description of findings made by the incident review committee and of
the resulting action taken by the board. For those cases that are
still under investigation, the summary shall include a description of
the reported incident and an estimated completion date for the
investigation. For those closed cases involving a pilot who has been
involved in a prior incident and a finding of pilot error had been
made, the report shall also include a summary of that incident.
SEC. 12. Section 1158.1 of the Harbors and Navigation Code is
amended to read:
1158.1. The executive director shall not, during the term of his
or her office, serve as a member of the board or as a pilot, or
otherwise be concurrently employed in the maritime industry.
SEC. 13. Section 1159.1 of the Harbors and Navigation Code, as
amended by Section 20 of Chapter 567 of the Statutes of 2008, is
amended and renumbered to read:
1159.2. (a) The vessel shall pay a board operations surcharge,
the purpose of which is to fully compensate the board and the
Business, Transportation and Housing Agency for the official
services, staff services, and incidental expenses of the board and
agency. The amount of the surcharge shall be 7.5 percent of all
pilotage fees charged by pilots pursuant to Sections 1190 and 1191
unless the board establishes, with the approval of the Department of
Finance, a lesser percentage, not to exceed any percentage consistent
with subdivision (d).
(b) The surcharge shall be billed and collected by the pilots. The
pilots shall pay all surcharges collected by them to the board
monthly or at a later time that the board may direct.
(c) The board shall quarterly review its ongoing and anticipated
expenses and adjust the surcharge to reflect any changes that have
occurred since the last adjustment.
(d) The board operations surcharge shall not represent a
percentage significantly more than that required to support the board
and any costs of the Business, Transportation and Housing Agency
related to the administration of the board pursuant to subdivision
(a) in addition to the maintenance of a reasonable reserve.
SEC. 14. Section 1171 of the Harbors and Navigation Code is
amended to read:
1171. (a) The board shall have the sole authority to determine
the qualifications for obtaining a license as a pilot pursuant to
this division, determine who shall have the license, and issue the
license.
(b) A person possessing a valid state pilot's license on January
1, 1985, is hereby licensed as if the license was granted by the
board.
SEC. 15. Section 1171.5 of the Harbors and Navigation Code is
amended to read:
1171.5. (a) The board shall adopt, by regulation, licensing
standards that equal or exceed standards for obtaining federal
endorsements and that conform with and support the state policy
specified in Sections 1100 and 1101.
(b) The board shall adopt reasonable rules and regulations that
require pilots to be qualified to perform all pilot duties.
(c) The board shall adopt, by regulation, training standards and a
training program for pilot trainees, and continuing education
standards and a continuing education program for pilots. In the case
of pilot trainees, the training program shall be for a minimum of one
year and a maximum of three years. In the case of pilots, the board
shall specify the type, nature, duration, and frequency of the
continuing education required and the identity of the pilots who are
required to undergo continuing education in the next 12-month period.
Pursuant to Section 1182, the license of a pilot may be revoked or
suspended if he or she fails to complete the continuing education
required by this subdivision during the period specified. The board
shall also require that an evaluation of the pilot's performance be
prepared by the institution selected by the board to provide pilot
continuing education, and the institution shall provide copies of the
evaluation to the pilot and to the board.
(d) The board shall adopt, by regulation, the qualifications,
standards, and rating criteria for admission of pilot trainees to the
training program. Notwithstanding subdivision (f), the board shall
administer and conduct the pilot trainee admission selection in
accordance with the regulations for admission.
(e) The board shall establish a pilot evaluation committee
consisting of five active pilots who each have at least 10 years'
experience as a pilot on the Bays of San Francisco, San Pablo, and
Suisun. The board shall select the members of the pilot evaluation
committee. A member may not serve for more than two four-year terms,
except that two of the initial members appointed to the pilot
evaluation committee shall serve terms of two years.
(f) The pilot evaluation committee shall conduct and supervise the
pilot trainee training program pursuant to the direction and
regulation of the board and consistent with the intent of this
division.
(g) The board shall issue a certificate of completion to each
pilot trainee who satisfactorily completes the training program. The
board shall not issue a pilot's license to a person who does not
receive a certificate of completion of the training program from the
board, although the board may refuse to issue a pilot license to a
pilot trainee who has received this certificate.
(h) The training program for pilot trainees and the continuing
education program for pilots shall be funded from revenues collected
for these purposes as determined by the board pursuant to Sections
1195 and 1196 and deposited into the Board of Pilot Commissioners'
Special Fund pursuant to Section 1159.
SEC. 16. Section 1171.6 is added to the Harbors and Navigation
Code, to read:
1171.6. (a) There shall be an examination fee to be charged in an
amount established by the board to each applicant to the pilot
trainee training program who participates in any written or simulator
examinations established by the board for the purposes of
determining admission to the pilot trainee training program pursuant
to subdivision (d) of Section 1171.5. The fee shall be charged only
to those who actually participate in an examination and shall not
exceed the administrative costs to the board of preparing and
administering the examination.
(b) The moneys charged and collected from the applicant pursuant
to subdivision (a) shall be paid to the board and deposited into the
Board of Pilot Commissioners' Special Fund pursuant to Section 1159.
The moneys shall be used only to fund the pilot trainee training
program in the manner established by the board.
SEC. 17. Section 1176 of the Harbors and Navigation Code is
amended to read:
1176. (a) The board shall appoint a physician or physicians who
are qualified to determine the suitability of a person to perform his
or her duties as a pilot or a pilot trainee in accordance with
subdivision (c).
(b) An applicant for a pilot trainee position or for a pilot
license, a pilot trainee, or a pilot seeking renewal of his or her
license shall undergo a physical examination by a board-appointed
physician in accordance with standards prescribed by the board.
Within 30 days prior to the examination, the applicant or licensee
shall submit to the physician conducting the physical examination a
complete list of all prescribed medications being taken by or
administered to the applicant or licensee.
(c) On the basis of both the examination and an evaluation of the
effects of the prescription medications named on the submitted list,
the physician shall designate to the board whether or not the pilot
or pilot trainee is fit to perform his or her duties as a pilot or a
pilot trainee.
(d) The license of a pilot shall not be renewed unless he or she
is found fit for duty pursuant to subdivision (c).
(e) If a pilot or a pilot trainee is prescribed either a new
dosage of a medication or a new medication, or suspends the use of a
prescribed medication, he or she shall, within 10 days, submit that
information to the board-appointed physician having possession of the
prescribed medication list submitted pursuant to subdivision (b). If
the physician receives the updated information, the physician shall
determine whether or not the medication change affects the licensee's
or trainee's fitness for duty. If the physician determines that the
medication change results in the pilot or pilot trainee being unfit
for duty, the physician shall inform the board.
(f) The board may terminate a pilot trainee or suspend or revoke
the license of a pilot who fails to submit the prescribed medication
information required by this section.
SEC. 18. Section 1180 of the Harbors and Navigation Code is
amended to read:
1180. If, in the opinion of the board, there is reasonable cause
to believe that the public interest requires that a pilot be
summarily suspended pending hearing on charges of misconduct that
include any of the causes for suspension or revocation specified in
Section 1181 or if the board has information that leads it to believe
that a pilot has become unable to comply with the standards of
health or physical condition requisite to a pilot's duties, the board
may, without hearing, temporarily suspend the license of the pilot
for not exceeding 40 days pending hearing and decision on the
charges. Unless an accusation on the charge is served on the pilot as
provided in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, prior to the close of
the sixth day after the suspension becomes effective, the temporary
suspension terminates at the close of the sixth day.
SEC. 19. Section 1180.3 of the Harbors and Navigation Code is
amended to read:
1180.3. (a) The board shall establish an incident review
committee, which shall be composed of one public member of the board
and the executive director. The board shall delegate to the incident
review committee the responsibility to review all reports of
misconduct or navigational incidents involving pilots or other
matters for which a license issued by the board may be revoked or
suspended. This subdivision does not apply to an incident involving a
pilot aboard a vessel of less than 300 gross tons unless a pilot is
required by law.
(b) The incident review committee, with the assistance of one or
more investigators, shall investigate the incident, misconduct, or
other matter and prepare a written report. The incident review
committee may call witnesses and request additional information if
the incident review committee considers it necessary to conduct a
complete investigation. In performing their duties, the members of
the incident review committee and its investigators shall act fairly
and impartially and shall treat all matters developed or maintained
as required by law. The members of the incident review committee and
the investigators shall not discuss any investigation with the board
or any member of the board until the matter has been finally disposed
of by the incident review committee or final action has been taken
by the board, as appropriate. The board shall specify, by regulation,
the information to be contained in the report, which shall include,
but need not be limited to, the following information relating to the
incident, misconduct, or other matter:
(1) The name of the vessel, date, location, and identification of
the pilot.
(2) A description of the weather and sea conditions.
(3) An illustration and description of the incident, misconduct,
or other matter under investigation.
(4) An estimate of the damages, if any.
(5) The names of the witnesses providing information relating to
the incident, misconduct, or other matter under investigation.
(6) The nature and extent of any injuries.
(7) A summary of any prior investigations of incidents,
misconduct, or other matters involving the same pilot designated
pursuant to paragraph (1).
(8) Any relevant correspondence or records from the United States
Coast Guard relating to the incident, misconduct, or other matter
under investigation.
(9) A historical record of the actions taken in the investigation
and the action taken pursuant to Section 1180.6.
(10) A summary of the factual background of the incident,
misconduct, or other matter investigated.
(11) The following information that is not a part of the public
record:
(A) The report from the pilot.
(B) The confidential report of the investigator.
(c) Unless an accusation for suspension or revocation of the pilot'
s license is served on the pilot as provided in Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, the incident review committee shall present the
completed investigation report to the board at the first monthly
meeting of the board after the completion of the report. Unless an
extension is granted by the board, the report shall be presented
within 90 days of the date of the incident, misconduct, or other
matter investigated.
(d) The record of the investigation prepared pursuant to
subdivision (b) and the final disposition of the incident,
misconduct, or other matter shall be retained in the records of the
board for 10 years after the completion of the investigation and,
except for the items listed in paragraph (11) of subdivision (b),
shall be a public record.
SEC. 20. Section 1180.6 of the Harbors and Navigation Code is
amended to read:
1180.6. (a) The board, after full consideration of the evidence,
report, and recommendations presented by the incident review
committee relating to an incident, misconduct, or other matter
pursuant to Section 1180.3, shall take one or more of the following
actions:
(1) Serve an accusation for suspension or revocation of the pilot'
s license on the pilot as provided in Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, pursuant to Sections 1181 and 1182.
(2) Enter into a written stipulation for corrective action to be
performed by the pilot, which may include, but is not limited to,
further training or supervised practice trips.
(3) Provide counseling for the pilot relating to the duties and
obligations of a pilot.
(4) Issue a warning letter of reprimand to the pilot.
(5) Take any other action, as provided in the guidelines adopted
pursuant to subdivision (e).
(6) Close the investigation without further action.
(7) Remand the matter to the incident review committee for further
investigation.
(b) Action required pursuant to subdivision (a) shall be taken by
a majority vote of the board.
(c) A member of the board shall not sit on the board as a trier of
fact for those cases in which he or she has served on the incident
review committee recommending action to the board.
(d) The executive director shall note any action taken by the
board pursuant to this section in a pilot's record and shall
establish a suspense file to ensure that all training, practice
trips, or other corrective action required to be performed pursuant
to subdivision (a) by the pilot are completed as required. The
executive director shall report to the board each month on the
progress of any training, supervised practice trips, or other
corrective action or the completion of any other action required
pursuant to subdivision (a).
(e) The executive director shall notify the board of a pilot who
fails, or refuses, to complete training, practice trips, or other
corrective action imposed by the board pursuant to subdivision (a).
If the board determines that the pilot has intentionally failed to
complete training, practice trips, or other corrective action, the
board may take additional action as specified in subdivision (a).
(f) The board shall adopt guidelines for the determination by the
incident review committee of the action to be taken pursuant to
subdivision (a) at the completion of an investigation conducted
pursuant to Section 1180.3.
SEC. 21. Section 1181 of the Harbors and Navigation Code is
amended to read:
1181. The license of a pilot may be revoked or suspended before
its expiration only for reasons of misconduct, which shall include,
but not be limited to, the following:
(a) Neglect, for 30 days after it becomes due, to render an
account to the board of all money received for pilotage.
(b) Neglect, for 30 days after it becomes due, to pay over to the
board the percentage of all pilotage money received, as set by the
board.
(c) Rendering to the board a false account of pilotage received.
(d) Absence from duty for more than one month at any one time
without leave granted by the board, unless sickness or personal
injury causes the absence.
(e) Refusing to exhibit the pilot license when requested to do so
by the master of any vessel boarded.
(f) Intoxication or being under the influence of any substance or
combination of substances that so affects the nervous system, brain,
or muscles as to impair, to an appreciable degree, the ability to
conduct the duties of a pilot while on duty.
(g) Negligently, ignorantly, or willfully running a vessel on
shore, or otherwise rendering it liable to damage, or otherwise
causing injury to persons or damage to property. However, this
subdivision does not apply to a vessel of less than 300 gross tons
unless a pilot is required by law.
(h) Willful violation of the rules and regulations adopted by the
board for the government of pilots.
(i) Inability to comply with the standards of health or physical
condition requisite to the duties of a pilot, but in that case the
burden of proving compliance with these standards is upon the
licensee, unless prior to the hearing the licensee takes and passes
those tests or examinations required by the board.
(j) Failure or refusal, to complete training, practice trips, or
other corrective action imposed on that pilot by the board pursuant
to Section 1180.6.
SEC. 22. Section 1182 of the Harbors and Navigation Code is
amended to read:
1182. If, after a hearing, the board finds that the pilot is
guilty of misconduct sufficient for deprivation of the license, the
board shall revoke or suspend the license of the pilot. The order
shall be entered in the minutes and placed in the record of the pilot
maintained pursuant to Section 1157. The proceedings shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted pursuant to that
chapter.
SEC. 23. Section 1183 of the Harbors and Navigation Code is
amended to read:
1183. (a) Upon notification of nonrenewal of the license, a pilot
is entitled to a trial and hearing in the same manner that other
charges and accusations against pilots are tried.
(b) In every case of nonrenewal, suspension, or revocation of the
license of a pilot for cause, the final decision of the board is
subject to judicial review in accordance with law, and the court
shall exercise its independent judgment on the evidence.
SEC. 24. Section 1191 of the Harbors and Navigation Code is
amended to read:
1191. (a) The board, pursuant to Chapter 6 (commencing with
Section 1200), shall recommend that the Legislature, by statute,
adopt a schedule of pilotage rates providing fair and reasonable
return to pilots engaged in ship movements or special operations if
rates for those movements or operations are not specified in Section
1190.
(b) A vessel using pilots for ship movements or special operations
that do not constitute bar pilotage shall pay the rate specified in
the schedule of pilotage rates adopted by the Legislature.
(c) Consistent with the board's adoption of rate recommendations
in May 2002, the minimum rates imposed pursuant to this section that
are in effect on December 31, 2002, shall be increased by 26 percent
on January 1, 2003; those in effect on December 31, 2003, shall be
increased by 26 percent on January 1, 2004; those in effect on
December 31, 2004, shall be increased by 14 percent on January 1,
2005; and those in effect on December 31, 2005, shall be increased by
14 percent on January 1, 2006.
SEC. 25. Section 1196 of the Harbors and Navigation Code is
amended to read:
1196. (a) In addition to other fees for pilotage, there shall be
a surcharge in an amount established by the board for each movement
of a vessel using pilot services for the pilot continuing education
program established by the board.
(b) The moneys charged and collected each month from the pilot
continuing education program surcharge shall be paid to the board.
The moneys shall be used only to fund the pilot continuing education
program in the manner established by the board.
(c) By action of the board, the board may adjust the amount
established pursuant to subdivision (a) as necessary to efficiently
administer the pilot continuing education program.
SEC. 26. Section 1196.1 of the Harbors and Navigation Code is
amended to read:
1196.1. (a) The moneys charged and collected each month from the
pilot continuing education surcharge pursuant to Section 1196 shall
be paid to the Board of Pilot Commissioners' Special Fund pursuant to
Section 1159. The moneys shall be used only to fund the pilot
continuing education program referred to in subdivision (h) of
Section 1171.5 and Section 1196.3.
(b) Information regarding moneys remitted to the Board of Pilot
Commissioners' Special Fund pursuant to Section 1159 collected from
the surcharge authorized pursuant to Section 1196, or otherwise
collected by the board for that purpose, and information regarding
moneys spent as pilot continuing education expenses authorized by
Section 1196.3 shall be made available to the public upon request and
to the board or its finance committee.
SEC. 27. Section 1196.3 of the Harbors and Navigation Code is
amended to read:
1196.3. Pilot continuing education expenses shall include all
costs incurred by the board in the operation and administration of
the pilot continuing education program and all costs resulting from
any contracts entered into for the purchase or lease of goods and
services required by the board, including, but not limited to, the
reimbursement of costs of services provided to the board by other
governmental entities and for the costs for any other goods and
services necessary for effectuating the purposes of continuing
education as determined by the board.
