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HB 260: "An Act relating to marine pilots and the Board of Marine Pilots; extending the termination date of the Board of Marine Pilots; and providing for an effective date."

00 HOUSE BILL NO. 260                                                                                                      
01 "An Act relating to marine pilots and the Board of Marine Pilots; extending the                                         
02 termination date of the Board of Marine Pilots; and providing for an effective                                          
03 date."                                                                                                                  
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 08.03.010(c)(13) is amended to read:                                                                
06   (13)  Board of Marine Pilots (AS 08.62.010) -- June 30, 1999 [1994];                                               
07    * Sec. 2.  AS 08.62.010 is amended to read:                                                                          
08  Sec. 08.62.010.  CREATION AND MEMBERSHIP OF BOARD.  There is                                                          
09 created the Board of Marine Pilots.  It consists of two pilots licensed under this                                      
10 chapter who have been actively engaged in piloting on vessels subject to this chapter,                                  
11 two industry representatives [AGENTS OR MANAGERS OF VESSELS SUBJECT                                                   
12 TO THIS CHAPTER], two public members in accordance with AS 08.01.025, and the                                           
13 commissioner or the commissioner's designee.  A person who is appointed to the                                         
14 board as an industry representative shall be an owner, manager, or agent, or an                                         
01 employee of an owner, manager, or agent, of a vessel subject to this chapter  and                                       
02 shall be actively engaged in obtaining pilotage services for vessels subject to this                                    
03 chapter.  Not more than one pilot and one industry representative [AGENT OR                                          
04 MANAGER] shall be from any one pilotage region established by the board                                               
05 [JUDICIAL DISTRICT].  All members of the board shall be residents of the state.                                         
06    * Sec. 3.  AS 08.62.040(b) is amended to read:                                                                       
07  (b)  The board may, by regulation, make any other provision for proper and                                            
08 safe pilotage upon the inland and coastal water of and adjacent to the state and for the                                
09 efficient administration of this chapter, including establishing                                                        
10   (1)  different licensing criteria for a pilotage region if justified by                                              
11 regional differences in piloting;                                                                                       
12   (2)  a mandatory [RANDOM] drug and alcohol testing program,                                                         
13 including random tests, post-incident tests, and tests based upon reasonable cause,                                    
14 for pilots licensed under this chapter; the board may delegate responsibility for                                      
15 administration of all or a portion of a testing program to pilot organizations;                                        
16   (3)  criteria for trainee selection and for training programs conducted by                                           
17 pilot organizations; and                                                                                                
18   (4)  standards under which a pilot may receive a license or an                                                       
19 endorsement to a license to pilot vessels in more than one pilotage region under                                       
20 AS 08.62.080(b).                                                                                                       
21    * Sec. 4.  AS 08.62.040 is amended by adding a new subsection to read:                                               
22  (e)  The board may delegate duties to the marine pilot coordinator as necessary                                       
23 to assist the board in administering and enforcing this chapter.                                                        
24    * Sec. 5.  AS 08.62.050 is amended by adding a new subsection to read:                                               
25  (c)  In addition to other duties as may be assigned by the board, the marine                                          
26 pilot coordinator may review applications for examination and licensure to ascertain                                    
27 whether the applicant satisfies the applicable requirements.                                                            
28    * Sec. 6.  AS 08.62.080(b) is amended to read:                                                                       
29  (b)  A pilot may not be licensed in more than one pilotage region at one time                                         
30 [,] unless the commissioner [BOARD] determines that an actual or imminent,                                           
31 chronic shortage of licensed pilots exists in a [IT IS IN THE BEST INTERESTS OF                                        
01 THE STATE TO LICENSE PILOTS FOR PARTS OF MORE THAN ONE] pilotage                                                        
02 region.  If the commissioner makes the determination described in this subsection,                                     
03 the board may, after consultation with the recognized pilot organizations in the                                        
04 affected pilotage region, issue temporary licenses for the affected pilotage region                                     
05 to pilots who already hold a license for another pilotage region.  The board shall                                      
06 ensure that sufficient pilots are available to provide pilotage services in the                                         
07 affected pilotage region to all vessels required to employ a pilot under this                                           
08 chapter.  A temporary license issued under this subsection is valid for a period                                        
09 of not more than one year.                                                                                             
10    * Sec. 7.  AS 08.62.090(b) is amended to read:                                                                       
11  (b) The application shall provide the information and be made on a form                                               
12 prescribed by the department [BOARD].                                                                                 
13    * Sec. 8.  AS 08.62.093(b) is amended to read:                                                                       
14  (b)  A person who applies for a deputy marine pilot license under this chapter                                        
15 shall provide proof satisfactory to the board of the following experience:                                              
16   (1)  one year of service as a master on ocean or coastwise vessels while                                             
17 holding a United States Coast Guard license as master of ocean steam or motor                                         
18 vessels of any gross tons;                                                                                              
19   (2)  two years of service as a master on vessels of not less than 1,000                                             
20 gross tons or tug and tow of not less than 1,600 combined gross tons while holding                                    
21 at least a United States Coast Guard [A] license as master of steam or motor                                         
22 vessels of not more [LESS] than 1,600 gross tons;                                                                     
23   (3)  two years of service as a chief officer on ocean or coastwise vessels                                           
24 of not less than 1,600 gross tons while holding a United States Coast Guard license                                   
25 as master of ocean steam or motor vessels of any gross tons;                                                            
26   (4)  two years of service as commanding officer of United States                                                     
27 commissioned vessels of not less than 1,600 gross tons and hold a United States                                        
28 Coast Guard [WHILE HOLDING A] license as master of ocean steam or motor                                                
29 vessels of any gross tons; [OR]                                                                                         
30   (5) three years of experience as a member of a professional pilot's                                                  
31 organization, during which the person actively engaged in piloting while holding at                                     
01 least a United States Coast Guard license as a master of steam or motor vessels                                     
02 [FREIGHT OR TOWING VESSEL] of not more than 1,600 gross tons; or                                                       
03   (6)  five years of experience gained in a board approved deputy                                                      
04 marine pilot apprenticeship program in the pilotage region for which the deputy                                         
05 marine pilot license is sought and hold at least a United States Coast Guard                                            
06 license as master of steam or motor vessels of not more than 1,600 gross tons.                                         
07    * Sec. 9.  AS 08.62.093(d) is amended to read:                                                                       
08  (d)  A person licensed as a deputy marine pilot under this section may, except                                        
09 as otherwise provided by the board, pilot vessels of 25,000 [20,000] gross tons or less                               
10 in a marine pilotage region for which the license is issued.                                                            
11    * Sec. 10.  AS 08.62.097(b) is amended to read:                                                                      
12  (b)  A person who supervises the training of persons who are seeking a deputy                                         
13 marine pilot license under this chapter shall                                                                           
14   (1)  hold a marine pilot license issued under AS 08.62.100; however,                                                
15 if the board finds that there are no marine pilots licensed in a pilotage region who                                    
16 are available to supervise training under this section, the board may authorize a                                       
17 person who is licensed in that pilotage region as a deputy marine pilot to                                              
18 supervise the training of persons who are seeking a deputy marine pilot license                                         
19 in that pilotage region;                                                                                               
20   (2)  receive prior authorization from the board to supervise the training                                            
21 of those persons;                                                                                                       
22   (3)  maintain a written log and evaluation on a form provided by the                                                 
23 board of the training and progress of the person being supervised.                                                      
24    * Sec. 11.  AS 08.62.120(a) is amended to read:                                                                      
25  (a)  In order to renew a marine pilot license, a person who is licensed under                                         
26 AS 08.62.100 shall                                                                                                      
27   (1)  submit an application for renewal of the license on a form provided                                             
28 by the department [BOARD];                                                                                            
29   (2)  submit proof of continued qualification under AS 08.62.100 to                                                   
30 receive a marine pilot license;                                                                                         
31   (3)  provide evidence of satisfactory completion of a physical                                                       
01 examination by a licensed physician within 60 days before the date of renewal of the                                    
02 license;                                                                                                                
03   (4)  submit proof satisfactory to the board that the person has                                                      
04   (A)  engaged in piloting vessels subject to this chapter in the                                                     
05 marine pilotage region for which the license is to be renewed during at least                                          
06 120 days [60 DAYS OF EACH CALENDAR YEAR] in the licensing period                                                       
07 immediately preceding the licensing period for which renewal is sought; or                                              
08   (B)  completed the minimum number of familiarization trips                                                          
09 required by the board for renewal of a marine pilot license for a marine                                                
10 pilotage region for which the license is to be renewed.                                                                 
11    * Sec. 12.  AS 08.62.150(a) is amended to read:                                                                      
12  (a)  The board shall impose a disciplinary sanction on a person licensed under                                        
13 this chapter when the board finds that the person                                                                       
14   (1)  is incompetent in the performance of pilotage duties;                                                           
15   (2)  is chemically impaired;                                                                                         
16   (3)  illegally possesses, uses, or sells narcotic or hallucinogenic drugs;                                           
17   (4)  makes a false statement to obtain a license;                                                                    
18   (5)  violates a provision of this chapter or a regulation adopted under                                             
19 this chapter [IT];                                                                                                     
20   (6)  is guilty of misconduct during the course of employment;                                                        
21   (7)  has had the person's United States Coast Guard pilot license                                                    
22 conditioned, suspended, or revoked; or                                                                                  
23   (8)  charges, collects, or receives an amount for pilotage services that                                             
24 is [IN EXCESS OF THE MAXIMUM TARIFF ESTABLISHED BY THE BOARD                                                            
25 OR] different from the amount set [TARIFF ADOPTED] by the pilot organization of                                       
26 which the person is a member.                                                                                           
27    * Sec. 13.  AS 08.62.155(b) is amended to read:                                                                      
28  (b)  The board [DEPARTMENT] may impose a civil fine not to exceed $5,000                                            
29 on a marine pilot organization recognized by the board [,] if the organization violates                                 
30 this chapter or a regulation adopted under this chapter.  The board may also suspend                                   
31 or revoke the recognition of a pilot organization that fails to comply with its                                         
01 articles, bylaws, and rules, so as to no longer satisfy the minimum standards for                                       
02 recognition by the board.                                                                                              
03    * Sec. 14.  AS 08.62.165(a) is amended to read:                                                                      
04  (a)  A pilot licensed under this chapter is not liable for damages in excess of                                       
05 $250,000 per incident for damages or loss occurring as a result of the error, omission,                                 
06 fault, or neglect of the pilot in performing pilotage services, except that the limitation                              
07 does not apply in a case where                                                                                          
08   (1)  the pilot is either grossly negligent or guilty of wilful misconduct;                                           
09 or                                                                                                                      
10   (2)  the error, omission, fault, or neglect of the pilot constitutes an act                                          
11 for which the board shall impose a disciplinary sanction under AS 08.62.150(a)(2) or                                   
12 (3) [AS 08.62.150(a)(1), (2), (3), (5), (6), OR (7)].                                                                  
13    * Sec. 15.  AS 08.62.175(c) is amended to read:                                                                      
14  (c)  A pilot organization recognized by the board shall                                                               
15   (1)  promote a safe and reliable system of marine pilotage for the region                                            
16 in which the organization is recognized;                                                                                
17   (2)  provide for the dispatch of pilots who are members of the                                                       
18 organization;                                                                                                           
19   (3)  enter into agreements with the master, owner, operator, or                                                     
20 agent of a master, owner, or operator of a vessel concerning the terms and                                              
21 conditions under which the pilot organization will provide [ADOPT AND REVISE                                           
22 TARIFFS FOR THE PROVISION OF] pilotage services [BY THE MEMBERS OF                                                      
23 THE ORGANIZATION];                                                                                                      
24   (4)  subject to the membership application and approval provisions                                                  
25 contained in the articles and bylaws of the organization, be open to membership                                        
26 by all persons licensed under this chapter to pilot vessels in the pilotage region in                                   
27 which the organization is recognized;                                                                                   
28   (5)  operate or participate in a training program for pilots and deputy                                              
29 pilots that is approved by the board;                                                                                   
30   (6)  cooperate with and assist the board in implementing this chapter.                                               
31    * Sec. 16.  AS 08.62.175 is amended by adding a new subsection to read:                                              
01  (d)  A pilot organization or the owner of a vessel, or the owner's authorized                                         
02 representative, may submit a controversy to arbitration under AS 09.43.010 -                                            
03 09.43.180, if the controversy concerns the terms or conditions, including the amount                                    
04 of compensation, of an agreement under which the pilot organization provides pilotage                                   
05 services.  An agreement to submit a controversy arising under an agreement to provide                                   
06 pilotage services is an implied provision of the agreement to provide pilotage services.                                
07 The parties to an agreement for the provision of pilotage services may, consistent with                                 
08 AS 09.43.010 - 09.43.180, establish procedures under which arbitration will be                                          
09 conducted.                                                                                                              
10    * Sec. 17.  AS 08.62.180 is amended to read:                                                                         
11  Sec. 08.62.180.  EXEMPTIONS.  This chapter does not apply to                                                          
12   (1)  vessels subject to federal pilot requirements under 46 U.S.C. 8502                                              
13 except as provided in AS 08.62.185;                                                                                     
14   (2)  fishing vessels, including fish processing and fish tender vessels,                                             
15 registered in the United States or in British Columbia, Canada;                                                         
16   (3)  vessels propelled by machinery and not more than 65 feet in length                                              
17 over deck, except tugboats and towboats propelled by steam;                                                             
18   (4)  vessels of United States registry of less than 300 gross tons and                                               
19 towboats of United States registry and vessels owned by the State of Alaska, engaged                                    
20 exclusively                                                                                                             
21   (A)  on the rivers of Alaska; [,] or                                                                              
22   (B)  in the coastwise trade on the west coast of the United States                                                  
23 including Alaska, Hawaii, and British Columbia, Canada;                                                                 
24   (5)  vessels of Canada, built in Canada and manned by Canadian                                                       
25 citizens including Canadian cruise ships, engaged in frequent trade between British                                     
26 Columbia and Alaska, if reciprocal exemptions are granted by Canada to vessels                                          
27 owned by the State of Alaska and those of United States registry; [AND]                                                 
28   (6)  pleasure craft of United States registry; and                                                                  
29   (7)  pleasure craft of foreign registry of less than 300 gross tons as                                               
30 measured under 46 C.F.R. 69.51 - 69.75.                                                                                
31    * Sec. 18.  TRANSITION.  (a)  Notwithstanding AS 08.62.010, as amended by sec. 2 of                                  
01 this Act, the current members of the Board of Marine Pilots shall continue to serve for the                             
02 term to which they were appointed.                                                                                      
03  (b)  As the terms of the current marine pilot members and current agent or manager                                     
04 members of the Board of Marine Pilots expire, the governor shall appoint marine pilot                                   
05 members and industry representative members to the board in accordance with the                                         
06 qualifications set out in AS 08.62.010, amended by sec. 2 of this Act.                                                  
07  (c)  In this section, the current members of the board are those persons serving on the                                
08 Board of Marine Pilots on the day before the effective date of this Act.                                                
09    * Sec. 19.  AS 08.62.093(e) is repealed.                                                                             
10    * Sec. 20.  This Act takes effect July 1, 1995.