CSSB 130(RES): "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."
00CS FOR SENATE BILL NO. 130(RES) 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 registered agents or managers of vessels subject to this chapter who are actively 12 engaged in the procurement of pilotage services, two public members in accordance 13 with AS 08.01.025, and the commissioner or the commissioner's designee. Not more 14 than one pilot and one registered agent or manager may [SHALL] be from any one
01 pilotage region established by the board. Not more than one registered agent or 02 manager may be employed by, be a contractor for, or hold a financial interest in 03 the same marine industry business entity, including commonly owned, affiliated, 04 or subsidiary business entities [JUDICIAL DISTRICT]. All members of the board 05 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 shortage of licensed pilots exists in a [IT IS IN THE BEST INTERESTS OF THE
01 STATE TO LICENSE PILOTS FOR PARTS OF MORE THAN ONE] pilotage region. 02 If the commissioner makes the determination described in this subsection, the 03 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 United States Coast Guard 20 inspected vessels of not less than 1,000 gross tons or tug and tow of not less than 21 1,600 combined gross tons while holding at least a United States Coast Guard [A] 22 license as master of steam or motor vessels of not more [LESS] than 1,600 gross 23 tons; 24 (3) two years of service as a chief officer on ocean or coastwise vessels 25 of not less than 1,600 gross tons while holding a United States Coast Guard license 26 as master of ocean steam or motor vessels of any gross tons; 27 (4) two years of service as commanding officer of United States 28 commissioned vessels of not less than 1,600 gross tons and hold a United States 29 Coast Guard [WHILE HOLDING A] license as master of ocean steam or motor 30 vessels of any gross tons; [OR] 31 (5) three years of experience as a member of a professional pilot's
01 organization, during which the person actively engaged in piloting while holding at 02 least a United States Coast Guard license as a master of steam or motor vessels 03 [FREIGHT OR TOWING VESSEL] of not more than 1,600 gross tons; or 04 (6) five years of experience gained in a board approved deputy 05 marine pilot apprenticeship program in the pilotage region for which the deputy 06 marine pilot license is sought and hold at least a United States Coast Guard 07 license as master of steam or motor vessels of not more than 1,600 gross tons. 08 * Sec. 9. AS 08.62.093(d) is amended to read: 09 (d) A person licensed as a deputy marine pilot under this section may, except 10 as otherwise provided by the board, pilot vessels of 25,000 [20,000] gross tons or less 11 in a marine pilotage region for which the license is issued. 12 * Sec. 10. AS 08.62.097(b) is amended to read: 13 (b) A person who supervises the training of persons who are seeking a deputy 14 marine pilot license under this chapter shall 15 (1) hold a marine pilot license issued under AS 08.62.100; however, 16 if the board finds that there are no marine pilots licensed in a pilotage region who 17 are available to supervise training under this section, the board may authorize a 18 person who is licensed in that pilotage region as a deputy marine pilot to 19 supervise the training of persons who are seeking a deputy marine pilot license 20 in that pilotage region; 21 (2) receive prior authorization from the board to supervise the training 22 of those persons; 23 (3) maintain a written log and evaluation on a form provided by the 24 board of the training and progress of the person being supervised. 25 * Sec. 11. AS 08.62.120(a) is amended to read: 26 (a) In order to renew a marine pilot license, a person who is licensed under 27 AS 08.62.100 shall 28 (1) submit an application for renewal of the license on a form provided 29 by the department [BOARD]; 30 (2) submit proof of continued qualification under AS 08.62.100 to 31 receive a marine pilot license;
01 (3) provide evidence of satisfactory completion of a physical 02 examination by a licensed physician within 60 days before the date of renewal of the 03 license; 04 (4) submit proof satisfactory to the board that the person has 05 (A) engaged in piloting vessels subject to this chapter in the 06 marine pilotage region for which the license is to be renewed during at least 07 120 days [60 DAYS OF EACH CALENDAR YEAR] in the licensing period 08 immediately preceding the licensing period for which renewal is sought; or 09 (B) completed the minimum number of familiarization trips 10 required by the board for renewal of a marine pilot license for a marine 11 pilotage region for which the license is to be renewed. 12 * Sec. 12. AS 08.62.150(a) is amended to read: 13 (a) The board shall impose a disciplinary sanction on a person licensed under 14 this chapter when the board finds that the person 15 (1) is incompetent in the performance of pilotage duties; 16 (2) is chemically impaired; 17 (3) illegally possesses, uses, or sells narcotic or hallucinogenic drugs; 18 (4) makes a false statement to obtain a license; 19 (5) violates a provision of this chapter or a regulation adopted under 20 this chapter [IT]; 21 (6) is guilty of misconduct during the course of employment; 22 (7) has had the person's United States Coast Guard pilot license 23 conditioned, suspended, or revoked; or 24 (8) charges, collects, or receives an amount for pilotage services that 25 is [IN EXCESS OF THE MAXIMUM TARIFF ESTABLISHED BY THE BOARD 26 OR] different from the amount set [TARIFF ADOPTED] by the pilot organization of 27 which the person is a member. 28 * Sec. 13. AS 08.62.155(b) is amended to read: 29 (b) The board [DEPARTMENT] may impose a civil fine not to exceed $5,000 30 on a marine pilot organization recognized by the board [,] if the organization violates 31 this chapter or a regulation adopted under this chapter. The board may also suspend
01 or revoke the recognition of a pilot organization that fails to comply with its 02 articles, bylaws, and rules, so as to no longer satisfy the minimum standards for 03 recognition by the board. 04 * Sec. 14. AS 08.62.165(a) is amended to read: 05 (a) A pilot licensed under this chapter is not liable for damages in excess of 06 $250,000 per incident for damages or loss occurring as a result of the error, omission, 07 fault, or neglect of the pilot in performing pilotage services, except that the limitation 08 does not apply in a case where 09 (1) the pilot is either grossly negligent or guilty of wilful misconduct; 10 or 11 (2) the error, omission, fault, or neglect of the pilot constitutes an act 12 for which the board shall impose a disciplinary sanction under AS 08.62.150(a)(2) or 13 (3) [AS 08.62.150(a)(1), (2), (3), (5), (6), OR (7)]. 14 * Sec. 15. AS 08.62.175(c) is amended to read: 15 (c) A pilot organization recognized by the board shall 16 (1) promote a safe and reliable system of marine pilotage for the region 17 in which the organization is recognized; 18 (2) provide for the dispatch of pilots who are members of the 19 organization; 20 (3) subject to the membership application and approval provisions 21 contained in the articles and bylaws [ADOPT AND REVISE TARIFFS FOR THE 22 PROVISION OF PILOTAGE SERVICES BY THE MEMBERS] of the organization, 23 [; 24 (4)] be open to membership by all persons licensed under this chapter 25 to pilot vessels in the pilotage region in which the organization is recognized; 26 (4) [(5)] operate or participate in a training program for pilots and 27 deputy pilots that is approved by the board; a training program for deputy pilots 28 may include a deputy marine pilot apprenticeship program approved by the 29 board; 30 (5) [(6)] cooperate with and assist the board in implementing this 31 chapter.
01 * Sec. 16. AS 08.62.175 is amended by adding a new subsection to read: 02 (e) A pilot organization recognized by the board may enter into agreements 03 with the master, owner, operator, or agent of a master, owner, or operator, of a vessel 04 concerning the terms and conditions under which the pilot organization will provide 05 pilotage services. 06 * Sec. 17. AS 08.62.180 is amended to read: 07 Sec. 08.62.180. EXEMPTIONS. This chapter does not apply to 08 (1) vessels subject to federal pilot requirements under 46 U.S.C. 8502 09 except as provided in AS 08.62.185; 10 (2) fishing vessels, including fish processing and fish tender vessels, 11 registered in the United States or in British Columbia, Canada; 12 (3) vessels propelled by machinery and not more than 65 feet in length 13 over deck, except tugboats and towboats propelled by steam; 14 (4) vessels of United States registry of less than 300 gross tons and 15 towboats of United States registry and vessels owned by the State of Alaska, engaged 16 exclusively 17 (A) on the rivers of Alaska; [,] or 18 (B) in the coastwise trade on the west or north coast of the 19 United States including Alaska and [,] Hawaii, and including British 20 Columbia, Yukon Territory, and Northwest Territories, Canada; 21 (5) vessels of Canada, built in Canada and manned by Canadian 22 citizens [INCLUDING CANADIAN CRUISE SHIPS], engaged in frequent trade 23 between 24 (A) British Columbia and Southeastern Alaska south of 58 25 degrees, 10 minutes North latitude, if reciprocal exemptions are granted by 26 Canada to vessels owned by the State of Alaska and those of United States 27 registry; or 28 (B) northern Alaska north of 68 degrees, 7 minutes North 29 latitude and Yukon Territory or Northwest Territories; [AND] 30 (6) pleasure craft of United States registry; and 31 (7) pleasure craft of foreign registry of less than 300 gross tons as
01 measured under 46 C.F.R. 69.51 - 69.75. 02 * Sec. 18. TRANSITION. (a) Notwithstanding AS 08.62.010, as amended by sec. 2 of 03 this Act, the current members of the Board of Marine Pilots shall continue to serve for the 04 term to which they were appointed. 05 (b) As the terms of the current marine pilot members and current agent or manager 06 members of the Board of Marine Pilots expire, the governor shall appoint marine pilot 07 members and agent or manager members to the board in accordance with the qualifications 08 set out in AS 08.62.010, amended by sec. 2 of this Act. 09 (c) In this section, the current members of the board are those persons serving on the 10 Board of Marine Pilots on the day before the effective date of this Act. 11 * Sec. 19. AS 08.62.093(e) is repealed. 12 * Sec. 20. This Act takes effect July 1, 1995.