BILL NUMBER: SB 1408	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Blakeslee

                        FEBRUARY 24, 2012

   An act to amend Sections 1136, 1171, 1172, 1173, 1175, 1180, 1183,
and 1196.1 of, to add Sections 1102, 1115.5, 1130.5, 1130.7, 1135,
1156.7, 1175.5, 1176.5, 1181.5, and 1196.2 to, to add Article 9
(commencing with Section 1142) to Chapter 1 of Division 5 of, to
repeal Article 8 (commencing with Section 1140) of Chapter 1 of
Division 5 of, and to repeal and add Sections 1137, 1171.5, 1177, and
1178 of, the Harbors and Navigation Code, relating to bar pilots.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1408, as introduced, Blakeslee. Bar pilots: Monterey Bay and
the Bays of San Francisco, San Pablo, and Suisun.
   Existing law provides for the regulation and licensing of pilots
for Monterey Bay, and the Bays of San Francisco, San Pablo, and
Suisun, and the payment of specified pilotage rates and charges
imposed on vessels piloted in those bays. Existing law also
establishes in the Business, Transportation and Housing Agency, a
Board of Pilot Commissioners for Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun, and prescribes the membership,
functions, and duties of the board.
   Existing law requires a pilot to submit monthly to the board a
verified account of all moneys or other compensation received by the
pilot as a result of pilotage services, which includes specific
information. Existing law requires the pilots to appoint a port agent
to carry out the orders of the board, other applicable laws, and
otherwise administer the affairs of the pilots.
   This bill would, instead, require the port agent to submit to the
board a verified account of all moneys or other compensation received
by the pilots as a result of pilotage services, including the
specific information, and would require the port agent to provide
additional data to the board annually and at other times that the
board may direct.
   Existing law prohibits a person from operating a vessel, other
than a recreational vessel, for 24 hours if the person is found by a
peace officer to have an alcohol concentration of 0.01% or more in
his or her blood.
   This bill would, notwithstanding that law, make it a misdemeanor
for any pilot who has 0.01% or more, by weight, of alcohol in his or
her blood to conduct any licensed activity, as defined. By creating a
new crime, the bill would impose a state-mandated local program.
   Existing law provides that the board shall have sole authority to
determine the qualification for obtaining a pilot's license, and
requires the board to adopt, by regulation, licensing standards that
equal or exceed standards for obtaining federal endorsements that
conform with and support state policy with regard to the safe
operation of vessels.
   This bill would revise certain licensing requirements for pilots
and would authorize the board to deny a license on the ground that
the applicant knowingly made any false statement of fact or a
material omission of any fact required to be revealed in the
application for a license, or to take certain action against a
licensee to suspend or revoke a license for unprofessional conduct,
as specified.
   This bill would require the board to adopt a pilot fatigue
mitigation and prevention program, with specified components. The
bill would prescribe hours of service rules and portable pilot unit
equipment requirements for pilots. The bill would authorize a pilot
to refuse a pilotage assignment if physically or mentally fatigued or
request the assignment of an additional pilot to assist in
completing his or her assignment, but would subject the pilot to
license suspension if the board finds the actions to be without merit
or reasonable cause pursuant to a written explanation the pilot
would be required to provide to the board within 48 hours of the
refusal or request.
   Existing law requires the board to adopt training standards and a
training program for pilot trainees, and continuing education
standards and a continuous education program for pilots.
   This bill would subject a pilot identified by the board as
requiring continuing education within a 12-month period who fails to
complete continuing education to license suspension or revocation.
   Existing law requires that the moneys charged and collected each
month from pilots from the pilots continuing education surcharge be
paid to the Board of Pilot Commissioner's Special Fund and used for
pilots' continuing education.
   This bill would also authorize the use of those moneys for the
continuing education programs required to be established by the bill.

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1102 is added to the Harbors and Navigation
Code, to read:
   1102.  (a) It is the intent of the Legislature to provide for a
unified system of state regulated pilotage for Monterey Bay and the
Bays of San Francisco, San Pablo, and Suisun.
   (b) The Legislature finds and declares the following:
   (1) Unified pilotage will be beneficial to the safety of people,
vessels, and property using those bays and tributaries.
   (2) Unified systems of regulated pilotage are common to ports of
the world and are most familiar to, and best able to serve, both
foreign and domestic vessels.
  SEC. 2.  Section 1115.5 is added to the Harbors and Navigation
Code, to read:
   1115.5.  "Port agent" means a person appointed by the pilots to
carry out the orders of the board, other applicable laws, and
otherwise administer the affairs of the pilots.
  SEC. 3.  Section 1130.5 is added to the Harbors and Navigation
Code, to read:
   1130.5.  (a) The port agent shall provide the following data to
the board annually and at those other times as the board may direct:
   (1) Total number of vessel moves.
   (2) Total number of pilots assigned to move vessels.
   (3) Number of pilots assigned to move vessels each day.
   (4) Number of bar crossings.
   (5) Number of bay moves.
   (6) Number of river moves.
   (7) Average draft of piloted vessels.
   (8) Average gross registered tonnage of piloted vessels.
   (9) Number of pilots reported sick or injured and number of days
each was unable to perform piloting duties.
   (10) Number of times a pilot resumed duties with less than 12
hours off duty, the contributing circumstances, and the actual hours
off duty between assignments.
   (11) Number of pilot days during which pilots were engaged in
board-mandated training.
   (12) Number of pilot days during which pilots were engaged in
administrative duties authorized by the port agent, with a
description of those duties.
   (b) The data shall cover the previous 12-month period, or any
other period that the board may direct.
   (c) All reports made under this section are public records.
  SEC. 4.  Section 1130.7 is added to the Harbors and Navigation
Code, to read:
   1130.7.  (a) The port agent shall submit monthly to the board a
verified account of all moneys or other compensation received by
pilots as a result of pilotage services, or by any other person for
the pilot, or on the pilot's account, on the forms furnished by the
board.
   (b) The account shall include all of the following:
   (1) The name of each vessel piloted.
   (2) The name of each vessel for which pilotage has been charged or
collected.
   (3) The amount charged to or collected for each vessel.
   (4) Any rebates made and allowed and for what amounts.
   (5) The amount of the fees and surcharges not collected pursuant
to Section 1193.
   (6) The depth of each vessel's draft and its highest gross
tonnage.
   (7) Whether the vessel was inward or outward bound.
   (c) The board shall record the accounts in a single location and
maintain the accounts as a public record.
  SEC. 5.  Section 1135 is added to the Harbors and Navigation Code,
to read:
   1135.  (a) Notwithstanding Section 655.05, it is unlawful for any
pilot who has 0.01 percent or more, by weight, of alcohol in his or
her blood to conduct any licensed activity. Any person who violates
this section is guilty of a misdemeanor.
   (b) For purposes of this section, percent, by weight, of alcohol
in a person's blood is based upon grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of breath.
   (c) For purposes of this section, it is a rebuttable presumption
that a licensee does not have 0.01 percent or more, by weight, of
alcohol in his or her blood if that person has not consumed any
alcohol in the immediately previous 14 hours.
   (d) There is a rebuttable presumption that the person had 0.01
percent or more, by weight, of alcohol in his or her blood at the
time of conducting any licensed activity if the person had 0.01
percent or more, by weight, of alcohol in his or her blood at the
time of the performance of a chemical test within two hours after the
performance of those licensed activities.
   (e) For purposes of this section, "licensed activity" means any
duty prescribed by this division or any activity otherwise required
to be performed by a pilot licensed under this division.
  SEC. 6.  Section 1136 of the Harbors and Navigation Code is amended
to read:
   1136.  A pilot licensed pursuant to this division shall do all of
the following:
   (a) Take an oath of office in the manner prescribed by law.

   (b) Submit monthly to the board a verified account of all moneys
or other compensation received by the pilot as a result of pilotage
services, or by any other person for the pilot, or on the pilot's
account, on the forms furnished by the board. 
    (b)     Comply with the
conflict-of-interest code required to be   adopted by the
board pursuant to Section 1170.3. 
  SEC. 7.  Section 1137 of the Harbors and Navigation Code is
repealed. 
   1137.  (a) The account required pursuant to Section 1136 shall
show all of the following:
   (1) The name of each vessel piloted.
   (2) The name of each vessel for which pilotage has been charged or
collected.
   (3) The amount charged to or collected for each vessel.
   (4) Any rebates made and allowed and for what amounts.
   (5) The amount of the fees and surcharges not collected pursuant
to Section 1193.
   (6) The depth of each vessel's draft and its highest gross
tonnage.
   (7) Whether the vessel was inward or outward bound.
   (b) The board shall record the accounts in full detail in a book
prepared for that purpose. The account book is a public record.

  SEC. 8.  Section 1137 is added to the Harbors and Navigation Code,
to read:
   1137.  A pilot shall at all times hold a valid license to pilot
vessels.
  SEC. 9.  Article 8 (commencing with Section 1140) of Chapter 1 of
Division 5 of the Harbors and Navigation Code is repealed.
  SEC. 10.  Article 9 (commencing with Section 1142) is added to
Chapter 1 of Division 5 of the Harbors and Navigation Code, to read:

      Article 9.  Navigational Safety


   1142.  Navigational safety is of the utmost concern in state
pilotage. In order to ensure and promote the highest level of safety
in pilotage, the board is empowered to effectively monitor and
oversee the practices of pilots.
   1143.  (a) The board shall publish operations guidelines for the
movement of vessels in the pilotage grounds subject to this division
no later than January 1, 2014. The board shall update those
guidelines, as necessary.
   (b) The board may establish by regulation a public process through
which the operations guidelines for the movement of vessels as made
effective by subdivision (a) may be amended. The public process
established by the board pursuant to this subdivision shall do all of
the following:
   (1) Specify a process for notifying the public and publishing
proposed amendments to the guidelines.
   (2) Require that any proposed amendments are publicly circulated
for at least 45 days prior to a hearing by the board.
   (3) Establish basic evaluation criteria that shall be considered
in the board's review of any proposed guideline amendments. Each
evaluation shall include, but is not limited to, a detailed
description of the manner, extent, and nature of how each of the
operations guideline amendments proposed to be adopted would be
applied to which channels, berths, ports, or other navigational
locations or hazards within the pilotage grounds subject to this
division.
   (c) Amendments to the operations guidelines shall be adopted by a
majority vote of the board.
   (d) All amendments adopted by the board shall be integrated into
the operations guidelines managed by the board pursuant to
subdivision (a) and shall only be considered effective upon being
published after their adoption.
   1144.  (a) The board shall adopt, by regulation, continuing
education standards and a continuing education program for pilots.
The board shall specify the type, nature, duration, and frequency of
the continuing education required, including requirements for
recurring bridge resource management training.
   (b) The board shall identify those pilots who are required to
undergo continuing education in the next 12-month period and provide
to the pilot and the public notice of this requirement.
   (c) Pursuant to subdivision (j) of Section 1181, the license of a
pilot may be revoked or suspended if he or she fails to complete the
continuing education required by this subdivision during the period
specified.
   (d) The board shall require that any institution selected by the
board to provide pilot continuing education prepare an evaluation of
each pilot's performance and the institution shall provide copies of
the evaluation to the pilot and to the board.
   (e) The continuing education program for pilots shall be funded
from revenues collected for these purposes as determined by the
board, pursuant to Section 1196, and those revenues shall be
deposited into the Board of Pilot Commissioners' Special Fund
pursuant to Section 1159.
   1145.  (a) No later than January 1, 2014, the board shall adopt,
by regulation, a pilot fatigue mitigation and prevention program.
   (b) The program shall do both of the following:
   (1) Regularly inform pilots of the hazards of fatigue and of
effective strategies to prevent fatigue while on duty. This
requirement may be satisfied upon its inclusion into the continuing
education program for pilots established pursuant to this article.
   (2) Promulgate hours of service rules that prevent fatigue
resulting from extended hours of service, insufficient rest within a
24-hour period, and disruption of circadian rhythms.
   1146.  (a) (1) Notwithstanding any hours of service rules, to the
extent consistent with state and federal law, pilots shall receive a
mandatory minimum rest period of at least seven hours within 24 hours
of completing any assignment or assignments that cumulatively exceed
seven hours in duration.
   (2) A pilot who is operating in a manner consistent with the hours
of service rules adopted by the board may nonetheless be relieved at
the discretion of the port agent if the pilot has been on assignment
in excess of 12 consecutive hours.
   (3) A pilot may be assigned to multiple bay moves if the final bay
move is finished within 10 hours of the time of the first bay move.
   (4) A pilot who is assigned to a vessel that is delayed in sailing
at a berth or original anchorage, for any reason, for longer than 12
hours from the pilot's time of arrival at the vessel shall be
relieved by the port agent.
   (b) Notwithstanding the hour of service rules or any other
provision of this section, a pilot shall refuse a pilotage assignment
if the pilot is physically or mentally fatigued such that the pilot
has a reasonable belief that the assignment cannot be carried out in
a competent and safe manner. Upon refusing an assignment under this
subdivision, a pilot shall submit a written explanation to the board
within 48 hours. If the board finds that the pilot's written
explanation is without merit, or reasonable cause did not exist for
the assignment refusal, the pilot may be subject to the suspension
requirements of Section 1180.
   (c) Any pilot assigned to a vessel may request that the port agent
assign an additional pilot to assist him or her in completing the
assignment, and the port agent shall thereafter specially assign
another pilot to assist the pilot making the request. Upon making a
request for an additional pilot assignment under this subdivision, a
pilot shall submit a written explanation to the board within 48
hours. If the board finds that the pilot's written explanation is
without merit, or reasonable cause did not exist for the additional
assignment, the pilot may be subject to Section 1180.
   (d) The board shall regularly review the port agent's records
prepared pursuant to Section 1130.5 to ensure this section is
enforced.
   1147.  (a) A pilot shall equip himself or herself with a portable
pilot unit while piloting and be proficient in its use.
   (b) For purposes of this section, a "portable pilot unit" shall
consist of a portable computer that has, at a minimum, the capability
to display all of the following information:
   (1) Electronic navigational charts published by the National
Oceanographic and Atmospheric Administration or any other competent
federal agency inclusive of the pilotage grounds.
   (2) The piloted vessel's position and heading on the electronic
navigation charts to the accuracy required by the International
Maritime Organization for automatic identification systems.
   (3) Other navigational information provided through the piloted
vessel's automatic identification system pilot plug.
   (c) A pilot is not required to be equipped with a portable pilot
unit pursuant to this section if an unacceptable safety hazard
prevents its carriage, and the pilot has reported the nature and
extent of the safety hazard to the port agent and the circumstances
of the unacceptable safety hazard that prevented carriage within 24
hours of the completion of the vessel transit.
   (d) (1) The Legislature finds and declares that portable pilot
units are one of several navigational tools that can provide the
pilot with valuable information during the navigation of a vessel.
   (2) This section does not impose any liability on a pilot who does
not use a portable pilot unit in the event an incident occurs.
   (3) The lack of a portable pilot unit shall not preclude a pilot
from carrying out his or her piloting duties as otherwise required by
this division.
   1148.  (a) (1) The port agent shall not assign pilots in a manner
that is inconsistent with the operational guidelines or hours of
service rules adopted pursuant to this article.
   (2) The port agent shall not refuse to assign pilots to any vessel
that seeks to be piloted in a manner consistent with the operational
guidelines adopted pursuant to this article.
   (b) (1) A pilot does not have any obligation under this division
to pilot any vessel in a manner contrary to the operational
guidelines or hours of service rules adopted by the board pursuant to
this article.
   (2) Except as otherwise authorized by this division, a pilot who
would not, if he or she refused, be in violation of the hours of
service rules shall not refuse service to any vessel if it seeks to
be piloted in a manner consistent with the operational guidelines
adopted pursuant to this article.
   1149.  The rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340)) of Part 1 of
Division 3 of Title 2 of the Government Code) shall not apply to any
guideline, rule, or regulation adopted pursuant to this article.
  SEC. 11.  Section 1156.7 is added to the Harbors and Navigation
Code, to read:
   1156.7.  If the executive director alerts the United States Coast
Guard to a violation or likely violation of safety standards pursuant
to Section 1156.6 and has reason to believe that the violation or
likely violation will not be corrected prior to the vessel reaching
its next port of call, the executive director shall request the
United States Coast Guard to report the suspected safety standard
violation to the port state control officer or a pilot organization
in an expected future port of call. This section does not preclude
any other party from disseminating any report of the findings and
recommendations of the executive director pursuant to Section 1156.6
and all those reports and findings shall be considered public
records.
  SEC. 13.  Section 1171 of the Harbors and Navigation Code is
amended to read:
   1171.  (a)  The board shall have the sole authority to determine
the qualifications for obtaining a license as a pilot pursuant to
this division, determine who shall have the license, and issue the
license. 
   (b) (1) The board shall adopt, by regulation, licensing standards
that equal or exceed standards for obtaining federal endorsements and
that conform with and support the state policy specified in Sections
1100 and 1101. 
    (2)     Persons applying for an original
license shall not receive a license unless   they have
proper federal endorsements allowing them to pilot on the high seas
and the waters of the bays as provided under subdivision (e) of
Section 1175. 
    (c)     The board shall adopt reasonable
rules and regulations that require pilots to be qualified to perform
all pilot duties.  
   (b) 
    (d)    A person possessing a valid state pilot'
s license on January 1, 1985, is hereby licensed as if the license
was granted by the board.
  SEC. 14.  Section 1171.5 of the Harbors and Navigation Code is
repealed. 
   1171.5.  (a) The board shall adopt, by regulation, licensing
standards that equal or exceed standards for obtaining federal
endorsements and that conform with and support the state policy
specified in Sections 1100 and 1101.
   (b) The board shall adopt reasonable rules and regulations that
require pilots to be qualified to perform all pilot duties.
   (c) The board shall adopt, by regulation, training standards and a
training program for pilot trainees, and continuing education
standards and a continuing education program for pilots. In the case
of pilot trainees, the training program shall be for a minimum of one
year and a maximum of three years. In the case of pilots, the board
shall specify the type, nature, duration, and frequency of the
continuing education required and the identity of the pilots who are
required to undergo continuing education in the next 12-month period.
Pursuant to Section 1182, the license of a pilot may be revoked or
suspended if he or she fails to complete the continuing education
required by this subdivision during the period specified. The board
shall also require that an evaluation of the pilot's performance be
prepared by the institution selected by the board to provide pilot
continuing education, and the institution shall provide copies of the
evaluation to the pilot and to the board.
   (d) The board shall adopt, by regulation, the qualifications,
standards, and rating criteria for admission of pilot trainees to the
training program. Notwithstanding subdivision (f), the board shall
administer and conduct the pilot trainee admission selection in
accordance with the regulations for admission.
   (e) The board shall establish a pilot evaluation committee
consisting of five active pilots who each have at least 10 years'
experience as a pilot on the Bays of San Francisco, San Pablo, and
Suisun. The board shall select the members of the pilot evaluation
committee. A member may not serve for more than two four-year terms,
except that two of the initial members appointed to the pilot
evaluation committee shall serve terms of two years.
   (f) The pilot evaluation committee shall conduct and supervise the
pilot trainee training program pursuant to the direction and
regulation of the board and consistent with the intent of this
division.
   (g) The board shall issue a certificate of completion to each
pilot trainee who satisfactorily completes the training program. The
board shall not issue a pilot's license to a person who does not
receive a certificate of completion of the training program from the
board, although the board may refuse to issue a pilot license to a
pilot trainee who has received this certificate.
   (h) The training program for pilot trainees and the continuing
education program for pilots shall be funded from revenues collected
for these purposes as determined by the board pursuant to Sections
1195 and 1196 and deposited into the Board of Pilot Commissioners'
Special Fund pursuant to Section 1159. 
  SEC. 15.  Section 1171.5 is added to the Harbors and Navigation
Code, to read:
   1171.5.  (a) The board shall adopt, by regulation, the
qualifications, standards, and rating criteria for admission of pilot
trainees to the training program. Notwithstanding subdivision (d),
the board shall administer and conduct the pilot trainee admission
selection in accordance with the regulations for admission.
   (b) The board shall establish a pilot evaluation committee
consisting of five active pilots who each have at least 10 years'
experience as a pilot on the Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun. The board shall select the members
of the pilot evaluation committee. A member may not serve for more
than two four-year terms, except that two of the initial members
appointed to the pilot evaluation committee shall serve terms of two
years.
   (c) The pilot evaluation committee shall conduct and supervise the
pilot trainee training program pursuant to the direction and
regulation of the board and consistent with the intent of this
division.
   (d) The board shall issue a certificate of completion to each
pilot trainee who satisfactorily completes the training program. The
board shall not issue a pilot's license to a person who does not
receive a certificate of completion of the training program from the
board, although the board may refuse to issue a pilot license to a
pilot trainee who has received this certificate.
   (e) The training program for pilot trainees shall be funded from
revenues collected for these purposes as determined by the board
pursuant to Sections 1195 and 1196 and deposited into the Board of
Pilot Commissioners' Special Fund pursuant to Section 1159.
  SEC. 16.  Section 1172 of the Harbors and Navigation Code is
amended to read:
   1172.   (a)    Pilots licensed by the board
shall be carefully examined as to their qualifications.  A
license as a pilot shall 
    (b)     Each pilot license shall  be
granted for a term of 12 months.  The 
    (c)     The  license shall be renewed
annually unless the board has good cause to withhold renewal pursuant
to  Article 2 (commencing with Section 1180) of 
this chapter. 
   (d) A pilot license may be renewed by the board only upon receipt
of a complete application pursuant to this chapter and successful
completion of the physical examination required by Section 1176.
 
   (e) A pilot license shall not be renewed if the pilot possessing
the license does not actively pilot vessels for any consecutive
period of one year, unless the board determines that the pilot is
qualified and makes one of the following findings:  
   (1) The pilot has presented satisfactory proof of medical
disability during that period.  
   (2) The board has granted the pilot a leave of absence without pay
during that period.  
   (3) The pilot has been serving as port agent under Section 1130.

  SEC. 17.  Section 1173 of the Harbors and Navigation Code is
amended to read:
   1173.   (a)    An application for a pilot's
license shall be made in writing to the board, stating  such
  that  information as the board by rule and
regulation may require. 
   (b) An application includes the original documents or writings
filed pursuant to this section and any other supporting documents or
writings provided or filed in support of the application whether
provided or filed by the applicant or by any other person in support
of the application and whether contemporaneously or later. 
  SEC. 18.  Section 1175 of the Harbors and Navigation Code is
amended to read:
   1175.   No   A  person shall  not
 be licensed as a pilot unless all of the following requirements
are met:
   (a) The person can meet the qualifications set by the board,
including age limitations, if any.
   (b) The person is of good mental and physical health and good
moral character.
   (c) The person possesses the requisite skill and experience as a
navigator and pilot, together with practical knowledge of the
currents, tide, soundings, bearings, and distances of the several
shoals, and the rocks, bars, points of landings, lights, and fog
signals of, or pertaining to, the navigation of the pilot ground for
which the person applies for a license to act as a pilot.
   (d) The person can satisfy the board that the person has means
available for boarding and leaving vessels which the person may be
called upon to pilot. 
   (e) (1) The person obtains and maintains proper federal
endorsements allowing him or her to pilot the high seas and on all
waters of the Bays of San Francisco, San Pablo, and Suisun, excluding
the San Joaquin River and the Sacramento deep water ship channel.
 
   (2) Notwithstanding paragraph (1), each person issued an original
license pursuant to this division on or after December 31, 1987,
shall have and maintain proper federal endorsements allowing him or
her to pilot on the high seas and on all waters of the Bays of San
Francisco, San Pablo, and Suisun, including the San Joaquin River and
the Sacramento deep water ship channel.  
   (3) With respect to licenses issued pursuant to this division for
pilotage on Monterey Bay, the person shall have and maintain proper
federal endorsements allowing him or her to pilot on the high seas
and on all the waters of Monterey Bay. 
  SEC. 19.  Section 1175.5 is added to the Harbors and Navigation
Code, to read:
   1175.5.  (a) The board may deny a license on the ground that the
applicant knowingly made any false statement of fact or a material
omission of any fact required to be revealed in the application for
the license.
   (b) The board may deny a license on the ground that the applicant
has violated Section 123 of the Business and Professions Code as it
may pertain to subversion of pilot trainee admittance examinations.
    (c) "Material" includes a statement or omission substantially
related to the qualifications, functions, or duties of pilotage.
  SEC. 20.  Section 1176.5 is added to the Harbors and Navigation
Code, to read:
   1176.5.  (a) At the time of the physical examination, the trainee
applicant shall disclose to the board appointed physician conducting
the physical examination pursuant to Section 1176 any and all of the
following if applicable:
   (1) If at any time prior to the examination the trainee applicant
has been rendered incapable of safely operating a vessel or any other
motor vehicle because of alcoholism, excessive and chronic use of
alcoholic beverages, or addiction to, or habitual use of, any drug.
   (2) If at any time prior to the examination the trainee applicant
has been addicted to the use of narcotic drugs or participated in a
narcotic treatment program.
   (3) If at any time prior to the examination the trainee applicant
has suffered from a disorder characterized by lapses of consciousness
or has experienced, within the last three years, either a lapse of
consciousness or an episode of marked confusion caused by any
condition which may bring about recurrent lapses, or has any physical
or mental disability, disease, or disorder which could affect the
safe operation of a vessel or motor vehicle.
   (b) At the time of the physical examination, the licensee shall
disclose to the board appointed physician conducting the physical
examination pursuant to Section 1176 any and all of the following if
applicable:
   (1) If at any time during the year prior to the examination the
licensee applicant has been rendered incapable of safely operating a
vessel or any other motor vehicle because of alcoholism, excessive
and chronic use of alcoholic beverages, or addiction to, or habitual
use of, any drug.
   (2) If at any time during the year prior to the examination the
licensee has been addicted to the use of narcotic drugs or
participated in a narcotic treatment program.
   (3) If at any time during the year prior to the examination the
licensee has suffered from a disorder characterized by lapses of
consciousness or has experienced either a lapse of consciousness or
an episode of marked confusion caused by any condition which may
bring about recurrent lapses, or has any physical or mental
disability, disease, or disorder which could affect the safe
operation of a vessel or any other motor vehicle.
   (c) The board may refuse to admit a trainee applicant to the
training program or to issue or renew a license to any person when
the board appointed physician conducting the physical examination
pursuant to Section 1176 determines that the trainee applicant, the
license applicant, or licensee excessively or habitually uses, or is
addicted to, alcoholic beverages, narcotics, or dangerous drugs.
   (d) The board shall not admit a trainee applicant or shall not
issue a license to a pilot license applicant or a pilot license
renewal applicant who fails to submit the information required by
this section.
  SEC. 21.  Section 1177 of the Harbors and Navigation Code is
repealed. 
   1177.  (a) All pilots licensed pursuant to this division shall
have and maintain proper federal endorsements allowing them to pilot
on the high seas and on all waters of the Bays of San Francisco, San
Pablo, and Suisun, excluding the San Joaquin River and the Sacramento
deep water ship channel.
   (b) Notwithstanding subdivision (a), all pilots issued original
licenses pursuant to this division after December 31, 1987, shall
have and maintain proper federal endorsements allowing them to pilot
on the high seas and on all waters of the Bays of San Francisco, San
Pablo, and Suisun, including the San Joaquin River and the Sacramento
deep water ship channel.
   (c) All pilots licensed pursuant to this division for Monterey Bay
shall have and maintain proper federal endorsements allowing them to
pilot on the high seas and on all the waters of Monterey Bay.

  SEC. 22.  Section 1177 is added to the Harbors and Navigation Code,
to read:
   1177.  (a) Upon the refusal to issue or renew a pilot license, the
board's proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (b) The board may deny an application for a license without a
hearing, if within one year previously, and after proceedings
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, an
application from the same applicant has been denied upon the same
grounds.
   (c) Notwithstanding any other law, in any action taken by the
board to deny an application for a license or renewal of a license
upon the ground that the applicant or the licensee has been convicted
of a crime substantially related to the qualifications, functions,
and duties of pilotage, the record of conviction of the crime shall
be conclusive evidence of the fact that the conviction occurred, but
only of that fact, and the board may inquire into the circumstances
surrounding the commission of the crime in order to fix the degree of
discipline or to determine if the conviction is substantially
related to the qualifications, functions, and duties of pilotage.
  SEC. 23.  Section 1178 of the Harbors and Navigation Code is
repealed. 
   1178.  Persons applying for an original license shall not receive
a license unless they have proper federal endorsements allowing them
to pilot on the high seas and all the waters of those bays pursuant
to Section 1171. 
  SEC. 24.  Section 1178 is added to the Harbors and Navigation Code,
to read:
   1178.  (a) The board shall participate in a pull-notice system,
pursuant to Section 1808.1 of the Vehicle Code, with respect to all
pilot trainees.
   (b) The port agent shall participate in a pull-notice system,
pursuant to Section 1808.1 of the Vehicle Code, with respect to all
pilots.
   (c) The purpose of board and port agent participation in a
pull-notice system pursuant to this section is to provide the board
with a report showing each pilot's current public record as recorded
by the Department of Motor Vehicles, and any subsequent convictions,
failures to appear, accidents, driver's license suspensions, driver's
license revocations, or any other actions taken against the driving
privilege or certificate, added to the driver's record while the
notification request remains valid and uncanceled.
   (d) As used in this section, participation in the pull-notice
system means obtaining a requester code and enrolling all pilots and
trainees who are subject to the board's jurisdiction under that
requester code.
   (e) The board and port agent shall, additionally, obtain a
periodic report from the Department of Motor Vehicles at least every
12 months. The port agent shall verify that each pilot's driver's
license has not been suspended or revoked and whether the pilot has
been convicted of a violation of Section 23152 or 23153 of the
Vehicle Code or Section 655, or any other related conviction. If
obtained by the port agent, the report shall be signed and dated by
the port agent and presented to the board. If obtained by the board,
the executive director shall sign and date the report and file it
appropriately upon presentation to the pilot evaluation committee.
   (f) Upon the termination of a pilot's license, the port agent
shall notify the Department of Motor Vehicles to discontinue the
driver's enrollment in the pull-notice system.
   (g) For the purposes of the pull-notice system and periodic report
process required by subdivisions (a) and (b), a pilot and pilot
trainee shall be enrolled as if he or she were an employee.
   (h) The board and port agent shall both be exempt from any fees
required under the pull-notice system, pursuant to Section 1808.1 of
the Vehicle Code.
  SEC. 25.  Section 1180 of the Harbors and Navigation Code is
amended to read:
   1180.  If, in the opinion of the board, there is reasonable cause
to believe that the public interest requires that a pilot be
summarily suspended pending hearing on charges of misconduct that
include any of the causes for suspension or revocation specified in
Section 1181  or 1181.5  or if the board has information
that leads it to believe that a pilot has become unable to comply
with the standards of health or physical condition requisite to a
pilot's duties, the board may, without hearing, temporarily suspend
the license of the pilot for not exceeding 40 days pending hearing
and decision on the charges. Unless an accusation on the charge is
served on the pilot as provided in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
prior to the close of the sixth day after the suspension becomes
effective, the temporary suspension terminates at the close of the
sixth day.
  SEC. 26.  Section 1181.5 is added to the Harbors and Navigation
Code, to read:
   1181.5.  (a) In addition to any other action that the board is
permitted to take against a licensee, the board may suspend or revoke
a license for unprofessional conduct under this section.
   (b) Notwithstanding any other law, the board may exercise any
authority to discipline a licensee for conviction of a crime that is
independent of the authority granted under subdivision (a) only if
the crime is substantially related to the qualifications, functions,
or duties of pilotage and is determined to be unprofessional conduct.

   (c) A conviction within the meaning of subdivision (b) means a
plea or verdict of guilty or a conviction following a plea of nolo
contendere. An action that a board is permitted to take following the
establishment of a conviction may be taken when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal, or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under
Section 1203.4 of the Penal Code. The record of conviction shall be
conclusive evidence of the fact that the conviction occurred.
   (d) For purposes of this section, the following constitutes
unprofessional conduct:
   (1) The improper use of equipment maintained exclusively for
pilotage. This paragraph shall not be construed to require the use of
a pilot boat in order to provide pilotage services for Monterey Bay.

   (2) Operating on territorial waters not described in the license.
   (3) The conviction of a charge of violating any federal statutes
or regulations or any statute or regulation of this state, regulating
dangerous drugs or controlled substances.
   (4) The revocation, suspension, or other discipline, restriction,
or limitation imposed by another state upon a license or certificate
to provide pilotage issued by that state, or the revocation,
suspension, or restriction of the authority to provide pilotage by
any agency of the federal government, that would have been grounds
for discipline in the state of a licensee under this chapter.
   (5) Securing a license or renewal of a license by fraud, deceit,
or knowing misrepresentation of a material fact or by knowingly
omitting to state a material fact.
   (6) In support of another person's application for license or in
evaluation of another person's participation in a trainee training
program, knowingly making a false statement of a material fact or
knowingly omitting to state a material fact to the board regarding
the application or training.
   (7) The conviction of a charge of driving under the influence
under the statutes of this or any other state or in violation of any
federal statutes or regulations.
   (e) This section establishes an independent basis for the board to
impose discipline upon a licensee.
  SEC. 27.  Section 1183 of the Harbors and Navigation Code is
amended to read: 
   1183.  (a) Upon notification of nonrenewal of the license, a pilot
is entitled to a trial and hearing in the same manner that other
charges and accusations against pilots are tried.
   (b) In 
    1183.    In  every case of nonrenewal,
suspension, or revocation of the license of a pilot for cause, the
final decision of the board is subject to judicial review in
accordance with law, and the court shall exercise its independent
judgment on the evidence.
  SEC. 28.  Section 1196.1 of the Harbors and Navigation Code is
amended to read:
   1196.1.  (a) The moneys charged and collected each month from the
pilot continuing education surcharge pursuant to Section 1196 shall
be paid to the Board of Pilot Commissioners' Special Fund pursuant to
Section 1159. The moneys shall be used only to fund the pilot
continuing education program referred to in  subdivision (h)
of Section 1171.5 and Section   Sections 1144, 1196.2,
and  1196.3.
   (b) Information regarding moneys remitted to the Board of Pilot
Commissioners' Special Fund pursuant to Section 1159 collected from
the surcharge authorized pursuant to Section 1196, or otherwise
collected by the board for that purpose, and information regarding
moneys spent as pilot continuing education expenses authorized by
Section 1196.3 shall be made available to the public upon request and
to the board or its finance committee.
  SEC. 29.  Section 1196.2 is added to the Harbors and Navigation
Code, to read:
   1196.2.  (a) Costs resulting from the provision of continuing
education for currently licensed pilots regarding instruction in the
proper utilization of portable pilot unit equipment and software, if
determined to be necessary for effectuating the purposes of
continuing education by the board, shall be considered pilot
continuing education expenses pursuant to Section 1196.3.
   (b) Subdivision (a) shall apply only to those costs incurred after
January 1, 2013.
  SEC. 30.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.