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CSHB 260(L&C): "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 CS FOR HOUSE BILL NO. 260(L&C)                                                                                          
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 chapter                              
10 who have been actively engaged in piloting on vessels subject to this chapter, two                                     
11 industry representatives [AGENTS OR MANAGERS OF VESSELS SUBJECT TO                                                     
12 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 safe                                       
08 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 regional                                     
11 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 pilot                                    
26 coordinator may review applications for examination and licensure to ascertain whether                                  
27 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 shortage                                       
31 of licensed pilots exists in a [IT IS IN THE BEST INTERESTS OF THE STATE TO                                            
01 LICENSE PILOTS FOR PARTS OF MORE THAN ONE] pilotage region.  If the                                                    
02 commissioner makes the determination described in this subsection, the board may,                                       
03 after consultation with the recognized pilot organizations in the affected pilotage                                     
04 region, issue temporary licenses for the affected pilotage region to pilots who                                         
05 already hold a license for another pilotage region.  The board shall ensure that                                        
06 sufficient pilots are available to provide pilotage services in the affected pilotage                                   
07 region to all vessels required to employ a pilot under this chapter.  A temporary                                       
08 license issued under this subsection is valid for a period of not more than one year,                                   
09 but may be renewed or reissued for subsequent periods of not more than one year                                         
10 if the commissioner determines that the actual or imminent shortage of licensed                                         
11 pilots continues to exist.                                                                                             
12    * Sec. 7.  AS 08.62.090(b) is amended to read:                                                                       
13  (b) The application shall provide the information and be made on a form                                               
14 prescribed by the department [BOARD].                                                                                 
15    * Sec. 8.  AS 08.62.093(b) is amended to read:                                                                       
16  (b)  A person who applies for a deputy marine pilot license under this chapter                                        
17 shall provide proof satisfactory to the board of the following experience:                                              
18   (1)  one year of service as a master on ocean or coastwise vessels while                                             
19 holding a United States Coast Guard license as master of ocean steam or motor                                         
20 vessels of any gross tons;                                                                                              
21   (2)  two years of service as a master on United States Coast Guard                                                  
22 inspected vessels of not less than 1,000 gross tons or tug and tow of not less than                                  
23 1,600 combined gross tons while holding at least a United States Coast Guard [A]                                      
24 license as master of steam or motor vessels of not more [LESS] than 1,600 gross                                     
25 tons;                                                                                                                   
26   (3)  two years of service as a chief officer on ocean or coastwise vessels                                           
27 of not less than 1,600 gross tons while holding a United States Coast Guard license                                   
28 as master of ocean steam or motor vessels of any gross tons;                                                            
29   (4)  two years of service as commanding officer of United States                                                     
30 commissioned vessels of not less than 1,600 gross tons and hold a United States                                        
31 Coast Guard [WHILE HOLDING A] license as master of ocean steam or motor                                                
01 vessels of any gross tons; [OR]                                                                                         
02   (5) three years of experience as a member of a professional pilot's                                                  
03 organization, during which the person actively engaged in piloting while holding at                                     
04 least a United States Coast Guard license as a master of steam or motor vessels                                     
05 [FREIGHT OR TOWING VESSEL] of not more than 1,600 gross tons; or                                                       
06   (6)  five years of experience gained in a board approved deputy                                                      
07 marine pilot apprenticeship program in the pilotage region for which the deputy                                         
08 marine pilot license is sought and hold at least a United States Coast Guard                                            
09 license as master of steam or motor vessels of not more than 1,600 gross tons.                                         
10    * Sec. 9.  AS 08.62.093(d) is amended to read:                                                                       
11  (d)  A person licensed as a deputy marine pilot under this section may, except                                        
12 as otherwise provided by the board, pilot vessels of 25,000 [20,000] gross tons or less                               
13 in a marine pilotage region for which the license is issued.                                                            
14    * Sec. 10.  AS 08.62.097(b) is amended to read:                                                                      
15  (b)  A person who supervises the training of persons who are seeking a deputy                                         
16 marine pilot license under this chapter shall                                                                           
17   (1)  hold a marine pilot license issued under AS 08.62.100; however,                                                
18 if the board finds that there are no marine pilots licensed in a pilotage region who                                    
19 are available to supervise training under this section, the board may authorize a                                       
20 person who is licensed in that pilotage region as a deputy marine pilot to                                              
21 supervise the training of persons who are seeking a deputy marine pilot license                                         
22 in that pilotage region;                                                                                               
23   (2)  receive prior authorization from the board to supervise the training                                            
24 of those persons;                                                                                                       
25   (3)  maintain a written log and evaluation on a form provided by the                                                 
26 board of the training and progress of the person being supervised.                                                      
27    * Sec. 11.  AS 08.62.120(a) is amended to read:                                                                      
28  (a)  In order to renew a marine pilot license, a person who is licensed under                                         
29 AS 08.62.100 shall                                                                                                      
30   (1)  submit an application for renewal of the license on a form provided                                             
31 by the department [BOARD];                                                                                            
01   (2)  submit proof of continued qualification under AS 08.62.100 to                                                   
02 receive a marine pilot license;                                                                                         
03   (3)  provide evidence of satisfactory completion of a physical                                                       
04 examination by a licensed physician within 60 days before the date of renewal of the                                    
05 license;                                                                                                                
06   (4)  submit proof satisfactory to the board that the person has                                                      
07   (A)  engaged in piloting vessels subject to this chapter in the                                                     
08 marine pilotage region for which the license is to be renewed during at least                                          
09 120 days [60 DAYS OF EACH CALENDAR YEAR] in the licensing period                                                       
10 immediately preceding the licensing period for which renewal is sought; or                                              
11   (B)  completed the minimum number of familiarization trips                                                          
12 required by the board for renewal of a marine pilot license for a marine                                                
13 pilotage region for which the license is to be renewed.                                                                 
14    * Sec. 12.  AS 08.62.150(a) is amended to read:                                                                      
15  (a)  The board shall impose a disciplinary sanction on a person licensed under                                        
16 this chapter when the board finds that the person                                                                       
17   (1)  is incompetent in the performance of pilotage duties;                                                           
18   (2)  is chemically impaired;                                                                                         
19   (3)  illegally possesses, uses, or sells narcotic or hallucinogenic drugs;                                           
20   (4)  makes a false statement to obtain a license;                                                                    
21   (5)  violates a provision of this chapter or a regulation adopted under                                             
22 this chapter [IT];                                                                                                     
23   (6)  is guilty of misconduct during the course of employment;                                                        
24   (7)  has had the person's United States Coast Guard pilot license                                                    
25 conditioned, suspended, or revoked; or                                                                                  
26   (8)  charges, collects, or receives an amount for pilotage services that                                             
27 is [IN EXCESS OF THE MAXIMUM TARIFF ESTABLISHED BY THE BOARD                                                            
28 OR] different from the amount set [TARIFF ADOPTED] by the pilot organization of                                       
29 which the person is a member.                                                                                           
30    * Sec. 13.  AS 08.62.155(b) is amended to read:                                                                      
31  (b)  The board [DEPARTMENT] may impose a civil fine not to exceed $5,000                                            
01 on a marine pilot organization recognized by the board [,] if the organization violates                                 
02 this chapter or a regulation adopted under this chapter.  The board may also suspend                                   
03 or revoke the recognition of a pilot organization that fails to comply with its                                         
04 articles, bylaws, and rules, so as to no longer satisfy the minimum standards for                                       
05 recognition by the board.                                                                                              
06    * Sec. 14.  AS 08.62.157 is amended by adding a new subsection to read:                                              
07  (c)  A person licensed under this chapter shall provide pilotage services to a                                        
08 vessel upon being dispatched by the pilot organization of which the person is a                                         
09 member.                                                                                                                 
10    * Sec. 15.  AS 08.62.165(a) is amended to read:                                                                      
11  (a)  A pilot licensed under this chapter is not liable for damages in excess of                                       
12 $250,000 per incident for damages or loss occurring as a result of the error, omission,                                 
13 fault, or neglect of the pilot in performing pilotage services, except that the limitation                              
14 does not apply in a case where                                                                                          
15   (1)  the pilot is either grossly negligent or guilty of wilful misconduct;                                           
16 or                                                                                                                      
17   (2)  the error, omission, fault, or neglect of the pilot constitutes an act                                          
18 for which the board shall impose a disciplinary sanction under AS 08.62.150(a)(2) or                                   
19 (3) [AS 08.62.150(a)(1), (2), (3), (5), (6), OR (7)].                                                                  
20    * Sec. 16.  AS 08.62.175(c) is amended to read:                                                                      
21  (c)  A pilot organization recognized by the board shall                                                               
22   (1)  promote a safe and reliable system of marine pilotage for the region                                            
23 in which the organization is recognized;                                                                                
24   (2)  provide for the dispatch of pilots who are members of the                                                       
25 organization;                                                                                                           
26   (3)  subject to the membership application and approval provisions                                                  
27 contained in the articles and bylaws of the organization, [ADOPT AND REVISE                                            
28 TARIFFS FOR THE PROVISION OF PILOTAGE SERVICES BY THE MEMBERS                                                           
29 OF THE ORGANIZATION;                                                                                                    
30   (4)]   be open to membership by all persons licensed under this chapter                                              
31 to pilot vessels in the pilotage region in which the organization is recognized;                                        
01   (4) [(5)]  operate or participate in a training program for pilots and                                             
02 deputy pilots that is approved by the board;                                                                            
03   (5) [(6)]  cooperate with and assist the board in implementing this                                                
04 chapter.                                                                                                                
05    * Sec. 17.  AS 08.62.175(d) is amended to read:                                                                      
06  (d)  A pilot organization recognized by the board may not begin operating until                                       
07 the articles, bylaws, and rules of the pilot organization are approved by the board on                                  
08 the basis of                                                                                                            
09   (1)  uniform and nondiscriminatory application of the articles, bylaws,                                              
10 and rules to marine pilots and deputy marine pilots licensed under this chapter and                                     
11 trainees for marine pilot licenses;                                                                                     
12   (2)  compliance with applicable laws; and                                                                            
13   (3)  effectiveness in                                                                                                
14   (A)  promoting an efficient, reliable, and professional marine                                                      
15 pilotage system in the region;                                                                                          
16   (B)  maintaining a sufficient number of qualified pilots available                                                  
17 for dispatch to serve the needs of vessels visiting the region during each hour                                         
18 of the day and each day of the year to the extent that it is reasonably possible                                        
19 given the size of the membership of the pilot organization;                                                             
20   (C)  promoting training programs, that may include deputy                                                          
21 marine pilot apprenticeship programs,  for marine pilots and deputy marine                                             
22 pilots that are approved by the board.                                                                                  
23    * Sec. 18.  AS 08.62.175 is amended by adding new subsections to read:                                               
24  (e)  Subject to the prior approval of the apprenticeship program by the board,                                        
25 a pilot organization may establish a deputy marine pilot apprenticeship program for the                                 
26 pilotage region in which the organization is recognized.                                                                
27  (f)  A pilot organization recognized by the board may enter into agreements                                           
28 with the master, owner, operator, or agent of a master, owner, or operator of a vessel,                                 
29 concerning the terms and conditions under which the pilot organization will provide                                     
30 pilotage services.                                                                                                      
31    * Sec. 19.  AS 08.62.180 is amended to read:                                                                         
01  Sec. 08.62.180.  EXEMPTIONS.  This chapter does not apply to                                                          
02   (1)  vessels subject to federal pilot requirements under 46 U.S.C. 8502                                              
03 except as provided in AS 08.62.185;                                                                                     
04   (2)  fishing vessels, including fish processing and fish tender vessels,                                             
05 registered in the United States or in British Columbia, Canada;                                                         
06   (3)  vessels propelled by machinery and not more than 65 feet in length                                              
07 over deck, except tugboats and towboats propelled by steam;                                                             
08   (4)  vessels of United States registry of less than 300 gross tons and                                               
09 towboats of United States registry and vessels owned by the State of Alaska, engaged                                    
10 exclusively                                                                                                             
11   (A)  on the rivers of Alaska; [,] or                                                                              
12   (B)  in the coastwise trade on the west or north coast of the                                                     
13 United States including Alaska and [,] Hawaii, and including British                                                
14 Columbia, Yukon Territory, and Northwest Territories, Canada;                                                         
15   (5) vessels of Canada, built in Canada and manned by Canadian citizens                                               
16 [INCLUDING CANADIAN CRUISE SHIPS], engaged in frequent trade between                                                    
17   (A)  British Columbia and Southeastern Alaska south of 58                                                      
18 degrees, 10 minutes North latitude, if reciprocal exemptions are granted by                                            
19 Canada to vessels owned by the State of Alaska and those of United States                                               
20 registry; or                                                                                                           
21   (B)  northern Alaska north of 68 degrees, 7 minutes North                                                           
22 latitude and Yukon Territory or Northwest Territories; [AND]                                                           
23   (6)  pleasure craft of United States registry; and                                                                  
24   (7)  pleasure craft of foreign registry of less than 300 gross tons as                                               
25 measured under 46 C.F.R. 69.51 - 69.75.                                                                                
26    * Sec. 20.  TRANSITION.  (a)  Notwithstanding AS 08.62.010, as amended by sec. 2 of                                  
27 this Act, the current members of the Board of Marine Pilots shall continue to serve for the                             
28 term to which they were appointed.                                                                                      
29  (b)  As the terms of the current marine pilot members and current agent or manager                                     
30 members of the Board of Marine Pilots expire, the governor shall appoint marine pilot                                   
31 members and industry representative members to the board in accordance with the                                         
01 qualifications set out in AS 08.62.010, amended by sec. 2 of this Act.                                                  
02  (c)  In this section, the current members of the board are those persons serving on the                                
03 Board of Marine Pilots on the day before the effective date of this Act.                                                
04    * Sec. 21.  AS 08.62.093(e) is repealed.                                                                             
05    * Sec. 22.  This Act takes effect July 1, 1995.