Legislature(1993 - 1994)

04/06/1993 03:00 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HB 237 MARINE PILOT LICENSING AND TARIFFS                                    
                                                                               
  Number 310                                                                   
                                                                               
  CHAIRMAN HUDSON stated that this bill was crafted to try to                  
  solve some of the problems within marine pilotage.                           
                                                                               
  CHAIRMAN HUDSON offered amendment 1, moving some of the                      
  authority to the APUC (Alaska Public Utilities Commission).                  
                                                                               
  REP. MACKIE moved amendment 1 drafted by Lauterbach.                         
                                                                               
  Number 350                                                                   
                                                                               
  BOB LOHR, EXECUTIVE DIRECTOR, ALASKA PUBLIC UTILITIES                        
  COMMISSION, testified from Anchorage via teleconference in                   
  reference to amendment 1.                                                    
                                                                               
  MR. LOHR stated that the commission adopted a position paper                 
  regarding the transfer of the authority to set the number of                 
  pilots per region to the APUC.  He said the APUC believes                    
  that the authority should stay with the board and not                        
  transfer to APUC.  The commission does not believe it has                    
  the expertise to undertake this mission.                                     
                                                                               
  Number 395                                                                   
                                                                               
  KARL LUCK, DIRECTOR, OCCUPATIONAL LICENSING, DEPARTMENT OF                   
  COMMERCE AND ECONOMIC DEVELOPMENT, testified that the                        
  composition of the pilot board would make the selection of a                 
  set number of pilots per region very political with very                     
  little, if any, analytical determination made.                               
                                                                               
  MR. LUCK stated that the whole idea behind the amendment was                 
  to remove the process from the board, which is primarily                     
  made up of pilots.                                                           
                                                                               
  REP. MACKIE asked what the makeup was of the Board of Marine                 
  Pilots.                                                                      
                                                                               
  MR. LUCK answered that there are two public members, two                     
  pilots, two agents, and a representative of the commissioner                 
  of Commerce.                                                                 
                                                                               
  Number 433                                                                   
                                                                               
  REP. MACKIE asked Mr. Lohr, if the information were                          
  presented to the APUC from the Board of Marine Pilots                        
  regarding setting the number of applicants needed to pilot                   
  the ships in the state, could the commission handle it?                      
                                                                               
  Number 447                                                                   
                                                                               
  MR. LOHR answered that the commission was not unwilling to                   
  handle the job, but after talking to other states'                           
  commission's, it was felt that the commission does not have                  
  the expertise to adequately handle the task's involved.                      
                                                                               
  Number 460                                                                   
                                                                               
  REP. MACKIE commented that the commission has handled other                  
  complicated and controversial tasks, so why would this be                    
  any different.                                                               
                                                                               
  Number 477                                                                   
                                                                               
  MR. LOHR reiterated the commission's position that it is not                 
  in a position to adequately handle this process.                             
                                                                               
  Number 483                                                                   
                                                                               
  MR. LUCK added that right now there are six pilot                            
  organizations in the state and only two are represented on                   
  the board.                                                                   
                                                                               
  Number 495                                                                   
                                                                               
  CHAIRMAN HUDSON asked Mr. Luck what his opinion was on                       
  amendment 2 offered by the Alaska Coastwise Pilots that                      
  would amend the composition of the board membership.                         
                                                                               
  Number 508                                                                   
                                                                               
  MR. LUCK responded that this amendment would not be the                      
  answer to the problem of seating a fair and representative                   
  board.                                                                       
                                                                               
  Number 557                                                                   
                                                                               
  CHAIRMAN HUDSON stated that he still believes the APUC is                    
  the best impartial entity to establish the limits needed for                 
  marine pilotage.  Chairman Hudson said he understands that                   
  the commission will need some extra funds to create and                      
  development the expertise needed to tackle this task.                        
                                                                               
  Number 606                                                                   
                                                                               
  REP. MACKIE moved amendment 1 by Chairman Hudson.                            
                                                                               
  Discussion continued on amendment 1.                                         
                                                                               
  TAPE 93-34, SIDE B                                                           
  Number 185                                                                   
                                                                               
  Amendment 1 was adopted conceptually.  The committee                         
  intended that the amendment say that the Board of Marine                     
  Pilots, by regulation, shall set the criteria that will be                   
  used by the board to issue pilot licenses in a region where                  
  the number of qualified applicants for licensing, when added                 
  to the number of pilots already licensed for the region,                     
  exceeds the number of pilots determined to be needed for                     
  that region under AS 08.62.047.  (The APUC shall set the                     
  actual limits of total number of marine pilots per region.)                  
                                                                               
  Number 200                                                                   
                                                                               
  CHAIRMAN HUDSON directed committee staff to work with Legal                  
  Services to word the amendment to fit in the bill as                         
  intended.                                                                    
                                                                               
  Conceptual amendment 1 was adopted.                                          
                                                                               
  Number 248                                                                   
                                                                               
  KATE TESAR, representing the ALASKA COASTWISE PILOTS,                        
  testified on amendment 2.  She said this amendment dealt                     
  with the creation and membership of the Board of Marine                      
  Pilots.  Ms. Tesar stated that this amendment grew from a                    
  joint meeting with members of various marine pilot                           
  organizations, Chairman Hudson's staff and Director Luck.                    
  The amendment was proposed to alleviate any perceived                        
  conflict of interest on the board.                                           
                                                                               
  Number 280                                                                   
                                                                               
  REP. MACKIE stated he feels strongly that board appointments                 
  are an administrative function that the legislature should                   
  not tamper with.                                                             
                                                                               
  Number 304                                                                   
                                                                               
  CHAIRMAN HUDSON stated he opposed the amendment.                             
                                                                               
  REP. MACKIE moved amendment 2.                                               
                                                                               
  Amendment 2 failed by voice vote.                                            
                                                                               
  Number 330                                                                   
                                                                               
  MS. TESAR testified that amendment 3 would conceptually                      
  disallow anyone anywhere in the state from limiting the                      
  number of pilots in the state.                                               
                                                                               
  CHAIRMAN HUDSON ruled amendment 3 out of order.                              
                                                                               
  Number 391                                                                   
                                                                               
  MS. TESAR testified on amendment 4.  Ms. Tesar explained                     
  that this amendment would provide for independent, impartial                 
  and unbiased examiners not employed by, or affiliated with,                  
  or past or present members of, any pilot organization in the                 
  state.                                                                       
                                                                               
  Number 406                                                                   
                                                                               
  MR. LUCK said he opposed this amendment as written on the                    
  grounds that it would not be practicable to bring in out-of-                 
  state examiners to do the job that he believed the Board of                  
  Marine pilots could handle.                                                  
                                                                               
  Number 425                                                                   
                                                                               
  CHAIRMAN HUDSON suggested that the amendment be modified to                  
  delete the reference of who would give the exam and just                     
  state that it be independent, impartial and unbiased.                        
                                                                               
  Number 439                                                                   
                                                                               
  MS. TESAR said Alaska Coastwise Pilots does not believe one                  
  organization should be administering and grading others'                     
  exams.                                                                       
                                                                               
  Number 467                                                                   
                                                                               
  REP. PORTER moved amendment 4 as amended.                                    
                                                                               
  Number 475                                                                   
                                                                               
  MS. TESAR testified that amendment 5 would allow the APUC to                 
  set a maximum tariff that may be charged by pilots and not                   
  fixed tariffs as specified in the bill.                                      
                                                                               
  MS. TESAR stated that HB 237 as written does not take into                   
  account safety records or experience.  The bill takes away                   
  any competition among marine pilots.                                         
                                                                               
  Number 485                                                                   
                                                                               
  CHAIRMAN HUDSON stated he believes HB 237 as written will                    
  encourage industry to hire on performance alone.                             
                                                                               
  REP. PORTER moved amendment 5.                                               
                                                                               
  REP. MACKIE objected.                                                        
                                                                               
  Amendment 5 failed.                                                          
                                                                               
  Number 535                                                                   
                                                                               
  REP. WILLIAMS moved amendment 8.                                             
                                                                               
  Number 537                                                                   
                                                                               
  MS. TESAR spoke to amendment 8.  Ms. Tesar stated that this                  
  amendment would establish by regulation the maximum number                   
  of pilots to be licensed in a region based on the number                     
  needed to assure the safety of human life and property.  The                 
  number of pilots to be licensed in a region shall not be                     
  less than the number of pilots licensed for that region in                   
  1990.                                                                        
                                                                               
  Number 550                                                                   
                                                                               
  MR. LUCK spoke against the amendment stating that the 1990                   
  figures would not represent any kind of analytical data that                 
  would be representative of what would be needed.                             
                                                                               
  Amendment 8 failed.                                                          
                                                                               
  Number 617                                                                   
                                                                               
  MICHAEL SPENCE, ALASKA COASTWISE PILOTS, testified from                      
  Ketchikan on amendment 6.  Mr. Spence noted that this                        
  amendment would change the entry requirements for deputy                     
  marine pilots.                                                               
                                                                               
  TAPE 93-35, SIDE A                                                           
                                                                               
  CHAIRMAN HUDSON ruled amendment 6 out of order since it did                  
  not pertain to HB 237 before the committee.                                  
                                                                               
  Number 075                                                                   
                                                                               
  MR. LUCK stated that the marine pilot board addressed this                   
  issue and they were adamantly opposed to it.  The board felt                 
  that this was a major retreat from the present entry level                   
  requirements.                                                                
                                                                               
  Number 170                                                                   
                                                                               
  REP. MACKIE stated he would not feel comfortable addressing                  
  this amendment now since it would change the existing                        
  statute and it was complex in nature.                                        
                                                                               
  Number 185                                                                   
                                                                               
  CHAIRMAN HUDSON ruled that committee staff, division staff,                  
  and members of Alaska Coastwise Pilots work on this                          
  amendment.                                                                   
                                                                               
  Number 200                                                                   
                                                                               
  MR. SPENCE addressed amendment 7, the nondiscrimination                      
  clause, and stated that it is not presently in the marine                    
  pilot statute.                                                               
                                                                               
  MR. SPENCE noted that in the 22 years of regulating                          
  pilotage, the state of Alaska has never issued a license to                  
  an ethnic minority or to a gender minority.                                  
                                                                               
  Number 211                                                                   
                                                                               
  MR. LUCK expressed concern that this would place a                           
  requirement on one board and might indicate a problem that                   
  the board has been discriminatory in the past.                               
                                                                               
  Number 239                                                                   
                                                                               
  REP. MACKIE pointed out that this amendment was not drawn up                 
  by the legal section and he would like to see an opinion                     
  that it does not just duplicate some other statute.                          
                                                                               
  CHAIRMAN HUDSON noted that he looked favorably on anti-                      
  discrimination efforts, but suggested that this amendment be                 
  amended to delete section c, which would require the board                   
  to report annually.                                                          
                                                                               
  Number 273                                                                   
                                                                               
  CHAIRMAN HUDSON ordered staff to work with legal on this                     
  issue and make recommendations to the next committee.                        
                                                                               
  Amendment 7 was withdrawn.                                                   
                                                                               
  Number 293                                                                   
                                                                               
  CAPTAIN CHARLES BATES, INDEPENDENT CONTRACT PILOT, spoke to                  
  amendment 9.  He said this amendment would require proof to                  
  the board that a pilot engaged in piloting vessels over 1000                 
  gross tons, including vessels of the Alaska Marine Highway.                  
                                                                               
  Number 347                                                                   
                                                                               
  MR. LUCK testified that this amendment would be a major                      
  change to the current statutes.  Mr. Luck pointed out that                   
  the Alaska Ferry's don't necessarily travel the same routes                  
  as the cruise ships.  The current requirements give credit                   
  for piloting ferry ships, but also require pilots to cover                   
  certain routes to be licensed.                                               
                                                                               
  Number 441                                                                   
                                                                               
  CHAIRMAN HUDSON set aside amendment 9.                                       
                                                                               
  MR. LOHR offered some amendments to HB 237.                                  
                                                                               
  Chairman Hudson asked him to send the amendments down and                    
  instructed staff to work them into the bill with the legal                   
  drafter.                                                                     
                                                                               
  Number 564                                                                   
                                                                               
  REP. MACKIE moved for passage of CSHB 237(L&C) with zero                     
  fiscal note and asked unanimous consent.                                     
                                                                               
  No objections were heard; it was so ordered.                                 

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