BILL NUMBER: AB 656 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Huber
FEBRUARY 16, 2011
An act to add Division 4.5 (commencing with Section 1100)
to, to add Chapter 7 (commencing with Section 1220) to Division 5
of, and to repeal Division 5 (commencing with Section 1100) of, the
Harbors and Navigation Code, relating to bay pilots.
An act to repeal Sections 472.5 and 7137.5 of the Business and
Professions Code, to amend Section 1795.92 of the Civil Code, to
repeal Article 5 (commencing with Section 14380) of Chapter 3 of
Division 5 of the Financial Code, to amend Sections 11121.1 and 26509
of the Government Code, to amend Sections 62.9, 63.6, 71.4, 71.7,
72.6, 76.5, and 76.6 of, to amend the heading of Division 1
(commencing with Section 30) of, to add Chapter 7 (commencing with
Section 1220) to Division 5, to add Division 4.5 (commencing with
Section 1100) to, to repeal Sections 31 and 704 of, and to
repeal Chapter 3 (commencing with Section 80) of Division 1 of, and
to repeal Division 5 (commencing with Section 1100) of, the Harbors
and Navigation Code, to repeal Chapter 2 (commencing with Section
22000) of Part 3 of Division 2 of the Public Contract Code, and to
amend Section 1803.5 of, to repeal Section 232 of, and to repeal
Chapter 6 (commencing with Section 3000) of Division 2 of, the
Vehicle Code, relating to boards and commissions. (PU RN20112123007 )
(PU 20110AB__065698AMD )
LEGISLATIVE COUNSEL'S DIGEST
AB 656, as amended, Huber. Bar pilots: Monterey Bay and
the Bays of San Francisco, San Pablo, and Suisun.
Boards and commissions: repeal.
Existing law establishes the Credit Union Advisory Committee in
the Department of Financial Institutions. The duties of this
committee include advising the commissioner and the Deputy
Commissioner of Financial Institutions for the Division of Credit
Unions on matters relating to credit unions and the credit union
business.
Existing law establishes the Boating and Waterways Commission in
the Department of Boating and Waterways. The duties of this committee
include advising the department, recommending proposed changes to
regulations, and causing studies and surveys to be made of the need
for small craft harbors and connecting waterways throughout the
state.
Existing law establishes the California Uniform Construction Cost
Accounting Commission. The duties of this commission include
recommending, for adoption by the Controller, uniform construction
cost accounting procedures for implementation by public agencies in
the performance of, or in contracting for, construction on public
projects.
Existing law also establishes the New Motor Vehicle Board in the
Department of Motor Vehicles. The duties of which include collecting
fees for the administration of the certification of third-party
dispute resolution processes for new motor vehicles established under
the Business and Professions Code and resolving issues raised by
protests or petitions filed with the board pursuant to, among other
actions, an appeal from a decision of the Department of Motor
Vehicles, and the regulation of franchises subject to the Vehicle
Code.
This bill would, as of January 1, 2014, abolish those boards and
commissions and the duties and responsibilities carried out by each
of those boards and commissions.
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 of,
and functions and duties of, the board.
This bill would, on January 1, 2014, repeal those provisions that
require the licensing of pilots in Monterey Bay, and the Bays of San
Francisco, San Pablo, and Suisan, and that require the payment of
specified pilotage rates and charges imposed on vessels piloted in
those bays. The bill would also eliminate the board, and would recast
and reenact certain provisions that regulate pilots for those bays,
as provided.
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 of,
and functions and duties of the board. Existing law establishes the
Board of Pilot Commissioners' Special Fund, a continuously
appropriated fund, for the purposes of receiving moneys received by
the board in the implementation of the above provisions.
This bill would, on January 1, 2014, eliminate the board and
transfer the board's functions and duties to the Secretary of
Business, Transportation and Housing, and would recast and reenact
certain provisions that regulate pilots for those bays, as provided.
The bill would rename the Board of Pilot Commissioners' Special Fund
as the Bar Pilot Special Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 472.5 of the
Business and Professions Code is repealed.
472.5. The New Motor Vehicle Board in the Department of Motor
Vehicles shall, in accordance with the procedures prescribed in this
section, administer the collection of fees for the purposes of fully
funding the administration of this chapter.
(a) Fees collected pursuant to this section shall be deposited in
the Certification Account in the Consumer Affairs Fund and shall be
available, upon appropriation by the Legislature, exclusively to pay
the expenses incurred by the department in administering this chapter
and to pay the New Motor Vehicle Board as provided in Section 3016
of the Vehicle Code. If, at the conclusion of any fiscal year, the
amount of fees collected exceeds the amount of expenditures for that
purpose during that fiscal year, the surplus in the Certification
Account shall be carried over into the succeeding fiscal year.
(b) Beginning July 1, 1988, and on or before May 1 of each
calendar year thereafter, every manufacturer shall file with the New
Motor Vehicle Board a statement of the number of motor vehicles sold,
leased, or otherwise distributed by or for the manufacturer in this
state during the preceding calendar year, and shall, upon written
notice delivered to the manufacturer by certified mail, return
receipt requested, pay to the New Motor Vehicle Board a fee, not to
exceed one dollar ($1) for each motor vehicle sold, leased, or
distributed by or for the manufacturer in this state during the
preceding calendar year. The total fee paid by each manufacturer
shall be rounded to the nearest dollar in the manner described in
Section 9559 of the Vehicle Code. Not more than one dollar ($1) shall
be charged, collected, or received from any one or more
manufacturers pursuant to this subdivision with respect to the same
motor vehicle.
(c) (1) The fee required by subdivision (b) is due and payable not
later than 30 days after the manufacturer has received notice of the
amount due and is delinquent after that time. A penalty of 10
percent of the amount delinquent shall be added to that amount, if
the delinquency continues for more than 30 days.
(2) If a manufacturer fails to file the statement required by
subdivision (b) by the date specified, the New Motor Vehicle Board
shall assess the amount due from the manufacturer by using as the
number of motor vehicles sold, leased, or otherwise distributed by or
for the manufacturer in this state during the preceding calendar
year the total number of new registrations of all motor vehicles
sold, leased, or otherwise distributed by or for the manufacturer
during the preceding calendar year.
(d) On or before February 1 of each year, the department shall
notify the New Motor Vehicle Board of the dollar amount necessary to
fully fund the program established by this chapter during the
following fiscal year. The New Motor Vehicle Board shall use this
information in calculating the amounts of the fees to be collected
from manufacturers pursuant to this section.
(e) For purposes of this section, "motor vehicle" means a new
passenger or commercial motor vehicle of a kind that is required to
be registered under the Vehicle Code, but the term does not include a
motorcycle, a motor home, or any vehicle whose gross weight exceeds
10,000 pounds.
(f) The New Motor Vehicle Board may adopt regulations to implement
this section. The regulations shall include, at a minimum, a formula
for calculating the fee, established pursuant to subdivision (b),
for each motor vehicle and the total amount of fees to be collected
from each manufacturer.
(g) Any revenues already received by the Arbitration Certification
Program and deposited in the Vehicle Inspection and Repair Fund for
the 1991-92 fiscal year that have not yet been spent shall be
deposited into the Certification Account in the Consumer Affairs
Fund.
SEC. 2. Section 7137.5 of the Business
and Professions Code is repealed.
7137.5. The sum of ten thousand dollars ($10,000) shall be
transferred from the Contractors' License Fund to the Controller for
the exclusive use of the California Uniform Construction Cost
Accounting Commission.
The commission shall prepare a recommendation to the Legislature
for a local public agency source to fund the commission beginning
July 1, 1991, which will provide revenue supported by the contract
activities represented by the commission's authority.
Upon adoption of this funding program, the commission shall
reimburse the Contractors' License Fund in the amount of ten thousand
dollars ($10,000).
SEC. 3. Section 1795.92 of the Civil
Code is amended to read:
1795.92. Manufacturers shall have the following duties:
(a) A manufacturer shall, within 90 days of the adoption of an
adjustment program, subject to priority for safety or
emission-related recalls, notify by first-class mail all owners or
lessees of motor vehicles eligible under the program of the condition
giving rise to and the principal terms and conditions of the
program.
(b) Copies of all notices mailed in accordance with subdivision
(a) shall be sent to the New Motor Vehicle Board within the
Department of Motor Vehicles and made available for public
inquiries.
(c) A manufacturer shall, within 30 days of the adoption of any
new adjustment program, notify its dealers, in writing, of all the
terms and conditions thereof of the new
adjustment program .
(d) A manufacturer who establishes an adjustment program shall
implement procedures to assure reimbursement of each consumer
eligible under an adjustment program who incurs expenses for repair
of a condition subject to the program prior to acquiring knowledge of
the program. The reimbursement shall be consistent with the terms
and conditions of the particular program. The manufacturer shall
notify the consumer within 21 business days of receiving a claim for
reimbursement whether the claim will be allowed or denied. If the
claim is denied, the specific reasons for the denial shall be stated
in writing.
(e) Any consumer who, prior to acquiring knowledge of an
adjustment program, incurs expenses for repair of a condition subject
to the adjustment program may file a claim for reimbursement under
subdivision (d). The claim shall be made in writing to the
manufacturer within two years of the date of the consumer's payment
for repair of the condition.
SEC. 4. Article 5 (commencing with Section 14380)
of Chapter 3 of Division 5 of the Financial Code
is repealed.
SEC. 5. Section 11121.1 of the
Government Code is amended to read:
11121.1. As used in this article, "state body" does not include
any of the following:
(a) State agencies provided for in Article VI of the California
Constitution.
(b) Districts or other local agencies whose meetings are required
to be open to the public pursuant to the Ralph M. Brown Act (Chapter
9 (commencing with Section 54950) of Part 1 of Division 2 of Title
5).
(c) State agencies provided for in Article IV of the California
Constitution whose meetings are required to be open to the public
pursuant to the Grunsky-Burton Open Meeting Act (Article 2.2
(commencing with Section 9027) of Chapter 1.5 of Part 1 of Division 2
of Title 2).
(d) State agencies when they are conducting proceedings pursuant
to Section 3596.
(e) State agencies provided for in Section 109260 of the Health
and Safety Code, except as provided in Section 109390 of the Health
and Safety Code.
(f) The Credit Union Advisory Committee established pursuant to
Section 14380 of the Financial Code.
SEC. 6. Section 26509 of the Government
Code is amended to read:
26509. (a) Notwithstanding any other provision of law, including
any provision making records confidential, and including Title 1.8
(commencing with Section 1798) of Part 4 of Division 3 of the Civil
Code, the district attorney shall be given access to, and may make
copies of, any complaint against a person subject to regulation by a
consumer-oriented state agency and any investigation of the person
made by the agency, where that person is being investigated by the
district attorney regarding possible consumer fraud.
(b) Where If the district attorney
does not take action with respect to the complaint or investigation,
the material shall remain confidential.
(c) Where If the release of the
material would jeopardize an investigation or other duties of a
consumer-oriented state agency, the agency shall have discretion to
delay the release of the information.
(d) As used in this section, a consumer-oriented state agency is
any state agency that regulates the licensure, certification, or
qualification of persons to practice a profession or business within
the state, where if the regulation is
for the protection of consumers who deal with the professionals or
businesses. It includes, but is not limited to, all of the following:
(1) The Dental Board of California.
(2) The Medical Board of California.
(3) The State Board of Optometry.
(4) The California State Board of Pharmacy.
(5) The Veterinary Medical Board.
(6) The California Board of Accountancy.
(7) The California Architects Board.
(8) The State Board of Barbering and Cosmetology.
(9) The Board for Professional Engineers and Land Surveyors.
(10) The Contractors' State License Board.
(11) The Funeral Directors and Embalmers Program.
(11) Cemetary and Funeral Bureau.
(12) The Structural Pest Control Board within the Department
of Pesticide Regulation .
(13) The Bureau of Home Furnishings
Electronic and Appliance Repair, Home Furnishings, and Thermal
Insulation.
(14) The Board of Registered Nursing.
(15) The State Board of Chiropractic Examiners.
(16) The Board of Behavioral Science Examiners
Sciences .
(17) The State Athletic Commission.
(18) The Cemetery Program.
(19)
(18) The State Board of Guide Dogs for the Blind.
(20)
(19) The Bureau of Security and Investigative Services.
(21)
(20) The Court Reporters Board of California.
(22)
(21) The Board of Vocational Nursing and Psychiatric
Technicians of the State of California.
(23)
(22) The Osteopathic Medical Board of California.
(24)
(23) The Division of Investigation.
(25)
(24) The Bureau of Automotive Repair.
(26) The State Board for Geologists and Geophysicists.
(27)
(25) The Department of Alcoholic Beverage Control.
(28)
(26) The Department of Insurance.
(29)
(27) The Public Utilities Commission.
(30)
(28) The State Department of Health Services
Public Health .
(31) The New Motor Vehicle Board.
SEC. 7. The heading of Division 1 (commencing with
Section 30) of the Harbors and Navigation Code
is amended to read:
DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND
THE BOATING AND WATERWAYS COMMISSION
SEC. 8. Section 31 of the Harbors and
Navigation Code is repealed.
31. "Commission" means the Boating and Waterways Commission.
SEC. 9. Section 62.9 of the Harbors and
Navigation Code is amended to read:
62.9. Upon request, the department shall make available to
persons owning or operating small craft harbors, such
information as is available to the commission
concerning the following:
(a) The maintenance and improvement of existing small craft harbor
facilities.
(b) The application of new technical materials and concepts.
(c) The preparation of feasibility reports, environmental impact
reports, permits, and other steps required to develop new small craft
harbor facilities.
SEC. 10. Section 63.6 of the Harbors
and Navigation Code is amended to read:
63.6. (a) (1) On or before January 15 of each odd-numbered year,
the director shall make a report to the commission, the
Legislature , and the Governor covering
the operations of the department for the preceding biennium.
(2) With respect to Article 5 (commencing with Section 76), the
report shall include all of the following:
(A) The total amount of loans made in each of the two fiscal years
immediately preceding the preparation and submission of the report.
(B) For each recipient of a loan during each of the two fiscal
years immediately preceding the preparation and submission of the
report, the recipient's name, the location of the marina for which
the loan was made, and the amount of the loan.
(C) The financial status of each loan.
(D) Any legislative recommendations.
(3) The report shall also include the status of the department's
activities related to the monitoring of rates pursuant to Section
71.4 and subdivision (d) of Section 76.7.
(4) The report shall also include an evaluation of the public
participation in the personal watercraft education course developed
by the department pursuant to subdivision (b) of Section 668.3 and a
determination of the effect of the course on personal watercraft
safety in California.
(b) The department shall also make any special reports that are
requested by the Secretary of Resources or the Governor.
SEC. 11. Section 71.4 of the Harbors
and Navigation Code is amended to read:
71.4. (a) (1) The department, subject to the approval of the
Legislature in accordance with Section 85.2, may make loans to
qualified cities, counties, or districts having power to acquire,
construct, and operate small craft harbors, for the design, planning,
acquisition, construction, improvement, maintenance, or operation of
small craft harbors and facilities in connection with the harbors,
and connecting waterways, if the department finds that the project is
feasible.
(2) The minimum annual rate of interest charged by the department
for a loan shall be set annually by the commission and shall
be based on the Pooled Money Investment Account interest
rate.
(b) The department shall establish, by rules and regulations,
policies and standards to be followed in making loans pursuant to
this section so as to further the proper development and maintenance
of a statewide system of small craft harbors and connecting
waterways. To the greatest extent possible, the department shall
adhere to customary commercial practices to ensure that loans made
pursuant to this section are adequately secured and that the loans
are repaid consistent with the terms of the loan agreement. Any rules
and regulations shall include policies and standards for restrooms,
vessel pumpout facilities, oil recycling facilities, and receptacles
for the purpose of separating, reusing, or recycling all solid waste
materials.
(c) The department shall develop weighing and ranking criteria to
qualify and prioritize the public loans.
(d) A loan under this section shall be repaid as provided in
Section 70.
(e) Rates to be charged for the use of the boating facilities
shall be established by the city, county, or district, subject to the
approval of the department, in every loan contract. The department
shall concern itself with the rates charged only as prescribed in
Section 71.8. The rates set shall be based on a monthly berthing
charge, and the department shall monitor these rates to ensure that
the berthing charges are sufficient to ensure timely and complete
repayment of the loan.
(f) The department shall submit any project for which it
recommends any loan be made to the Governor for inclusion in the
Budget Bill.
(g) The department may restate an existing loan under this
article, upon written request by the borrower , and upon
approval by the commission .
SEC. 12. Section 71.7 of the Harbors
and Navigation Code is amended to read:
71.7. Notwithstanding any other provision of this chapter,
Section 82, or any contract or agreement to the
contrary, loan payments on the loan on behalf of Spud Point Marina in
the County of Sonoma, as authorized by Schedule (b)(8) of Item
3680-101-516 of Section 2.00 of the Budget Act of 1982, and
administered by the department, may be renegotiated by the department
and the County of Sonoma , with the advice and consent of
the commission, to solve the fiscal problems involving the
marina existing on the effective date of this section as enacted
during the 1994 portion of the 1993-94 Regular Session.
SEC. 13. Section 72.6 of the Harbors
and Navigation Code is amended to read:
72.6. Transfers pursuant to Section 70, loans pursuant to Section
71.4, and grants pursuant to Section 72.5 shall be made by the
department with the advice and consent of the commission
.
SEC. 14. Section 76.5 of the Harbors
and Navigation Code is amended to read:
76.5. In processing applications under this article, the
department shall give priority to applications from qualified private
marina owners who have not received previous loans from the
department. If the department finds a proposed loan project
is feasible, the loan request shall be submitted to the commission
for its advice and consent.
SEC. 15. Section 76.6 of the Harbors
and Navigation Code is amended to read:
76.6. Loans made under this article shall include, but are not
limited to, the following terms and conditions:
(a) The minimum annual rate of interest charged by the department
for a loan shall be set annually by the commission and shall
be at a rate equal to 1 percent per annum plus
the prime or base rate of interest.
(b) The department shall require collateral in a minimum amount of
110 percent of the loan.
(c) The repayment period of a loan shall not exceed 20 years, or
be longer than the length of the borrower's leasehold estate,
including renewal options, if the loan is based upon a leasehold
estate of the borrower.
(d) All loans shall amortize the principal over the term of the
loan. However, a loan shall become due and payable in full if the
borrower sells or otherwise transfers the recreational marina
developed with departmental funds, unless the transfer is, by reason
of the death of the borrower, to the borrower's heirs.
(e) The department's loans shall not be subordinated to any future
loans obtained by a private marina owner, except in those cases
involving loans acquired for refinancing previous senior loans.
(f) The department may allow assumption of loans from the original
borrower by future parties, subject to completion of the application
process and upon approval by the department and the
commission .
(g) The department may, upon written request by the borrower,
and upon the approval of the commission, restate
an existing loan.
SEC. 16. Chapter 3 (commencing with Section 80) of
Division 1 of the Harbors and Navigation Code
is repealed.
SEC. 17. Section 704 of the Harbors and
Navigation Code is repealed.
704. In accordance with the provisions of Section 82 of this
code, the commission shall advise the department with respect to all
matters relating to the administration of this act. The department
shall submit any proposed regulations or changes in regulations
pertaining to this act for review and comment by the commission prior
to enactment.
SEC. 18. Division 4.5 (commencing with Section
1100) is added to the Harbors and Navigation Code
, to read:
DIVISION 4.5. PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN
FRANCISCO, SAN PABLO, AND SUISUN
CHAPTER 1. LEGISLATIVE POLICY AND FINDINGS
1100. The Legislature finds and declares that it is the policy of
the state to ensure the safety of persons, vessels, and property
using Monterey Bay and the Bays of San Francisco, San Pablo, and
Suisun, and the tributaries thereof, and to avoid damage to those
waters and surrounding ecosystems as a result of vessel collision or
damage, by providing competent, efficient, and regulated pilotage for
vessels required by this division to secure pilotage services.
1101. The Legislature further finds and declares all of the
following:
(a) The maritime industry is necessary for the continued economic
well-being and cultural development of all California citizens.
(b) The Bays of San Francisco, San Pablo, and Suisun provide a
vital transportation route for the maritime industry.
(c) The increase in vessel size and traffic, and the increase in
cargoes carried in bulk, particularly oil and gas and hazardous
chemicals, create substantial hazards to the life, property, and
values associated with the environment of those waters.
(d) The federal government has long adopted the policy of
providing minimum standards that ensure port and waterway safety
while encouraging state control over pilot qualifications.
(e) A program of pilot regulation is necessary in order to
ascertain and guarantee the qualifications, fitness, and reliability
of qualified personnel who can provide safe pilotage of vessels
entering and using Monterey Bay and the Bays of San Francisco, San
Pablo, and Suisun.
(f) The need to ensure safe and pollution-free waterborne commerce
requires that pilotage services be employed in the confined,
crowded, and environmentally sensitive waters of those bays.
(g) Bar pilotage in the Bays of San Francisco, San Pablo, and
Suisun has continuously been regulated by a single-purpose state
board since 1850, and that regulation should be continued.
(h) The individual physical safety and well-being of pilots is of
vital importance in providing required pilot services.
CHAPTER 2. APPLICATION
1105. This division applies to pilots for Monterey Bay and the
Bays of San Francisco, San Pablo, and Suisun.
CHAPTER 3. DEFINITIONS
1110. (a) "Bays of San Francisco, San Pablo, and Suisun" means
all the waters of those bays and of the tributaries, ports, and
harbors of those bays, and includes the water areas from the south
end of San Francisco Bay and from the Ports of Sacramento and
Stockton to the Golden Gate Bridge. "Bay of San Francisco, San Pablo,
or Suisun" means any of those waters, respectively.
(b) "Monterey Bay" means all the waters of that bay and of the
tributaries, ports, and harbors of that bay.
1112. "High seas" includes all the navigable waters of the
Pacific Ocean west of the Golden Gate Bridge, and all navigable
waters west of the westward boundary of the pilotage grounds for
Monterey Bay.
1114. "Pilot" means either of the following:
(a) A person who pilots vessels including an inland pilot.
(b) A person licensed as a bar pilot for the Bays of San
Francisco, San Pablo, and Suisun prior to January 1, 2013.
1114.5. "Pilotage grounds" means all waters extending eastward
from the precautionary area surrounding buoy SF to, and including,
the Bays of San Francisco, San Pablo, and Suisun, and also includes
the waters of Monterey Bay, eastward of a straight line drawn between
Point Santa Cruz Light and Point Pinos Light.
CHAPTER 4. EXCLUSIVE RIGHTS AND DUTIES OF PILOTS
1125. (a) Pilots have exclusive authority, to the extent not
provided otherwise by federal law, to pilot vessels from the high
seas to Monterey Bay and the Bays of San Francisco, San Pablo, and
Suisun and the ports thereof, and from those bays and ports to the
high seas. They shall also have exclusive authority to pilot vessels
within and along the waters of those bays, except as otherwise set
forth in this division.
(b) Nothing in this division shall interfere with pilotage
regulations of Monterey Bay and of the Ports of Sacramento and
Stockton, nor prevent the regulatory authority of those ports from
utilizing the pilots covered by this division.
1126. (a) A person may also be enjoined from engaging in the
pilotage prescribed by a court of competent jurisdiction.
(b) This section does not apply to any of the following persons:
(1) The master of a vessel who has relieved the pilot to ensure
the safe operation of the vessel, but only from the point where the
pilot is relieved to the closest safe berth or anchorage, or the high
seas if closer than a safe berth or anchorage.
(2) Persons piloting vessels pursuant to the valid regulatory
authority of the Port of Sacramento or the Port of Stockton.
(3) Persons piloting vessels sailing under an enrollment.
(4) Persons piloting noncommercial vessels.
1127. (a) The Legislature finds and declares that it is the
policy of the state to ensure the safety of persons, property, and
vessels using the waters of Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun and to avoid damage to those waters
and surrounding ecosystems as a result of vessel collision or damage
by providing competent, efficient, and regulated pilotage for vessels
required by this division
to secure pilotage services.
(b) This section does not supersede, modify, or otherwise alter
pilot practices that are not safety related, including, but not
limited to, the determination of rates charged for pilot services or
employer-employee relationships for individuals, agencies, or
organizations involved in providing pilotage services between any
port of Monterey Bay and the Bays of San Francisco, San Pablo, and
Suisun and any other port of the United States that is in existence
on December 31, 1995, or otherwise abridge the authority of local
port or harbor districts relating to pilotage in effect on December
31, 1995.
(c) A vessel sailing under a coastwise license or appropriately
endorsed registry and engaged in the coasting trade between a port of
Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun
and another port of the United States is exempt from all pilotage
charges. A foreign vessel and a vessel bound between a foreign port
and a port of Monterey Bay and the Bays of San Francisco, San Pablo,
and Suisun, and a vessel sailing under a register between a port of
Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and
another port of the United States, shall use a pilot or inland
pilot, except as otherwise provided by law.
(d) Subdivision (c) does not apply to a vessel that is less than
750 gross tons and is manufactured and used for private recreation.
1128. A nonself-propelled vessel in tow of a tug within Monterey
Bay and the Bay of San Francisco, San Pablo, or Suisun, or between
those bays, is exempt from pilotage charges.
1130. A majority of all of the pilots shall appoint one pilot to
act as port agent to carry out applicable laws, and to otherwise
administer the affairs of the pilots.
1132. Every pilot in charge of a vessel arriving in Monterey Bay
and the Bay of San Francisco, San Pablo, or Suisun, shall safely moor
the vessel in place and position as directed by the master of the
vessel, consistent with safe navigation and not contrary to law.
1133. Every pilot in charge of a vessel leaving the Bays of San
Francisco, San Pablo, and Suisun shall pilot it from its point of
departure to a point beyond the San Francisco bar. Every pilot in
charge of a vessel leaving Monterey Bay shall pilot it from its point
of departure to a point westward of the pilotage grounds.
CHAPTER 5. PENSION PLAN
1160. There is hereby established a San Francisco Bar Pilot
Pension Plan which is continued in existence as the San Francisco
Pilot Pension Plan.
1161. All amounts generated by the pension plan shall be used
solely to pay pensions to retired pilots and inland pilots, disabled
pilots and inland pilots, the surviving spouses of pilots and inland
pilots, and to pay the expenses of the plan.
1163. (a) (1) (A) Each retired pilot and inland pilot, who has
completed 25 full years of service as a pilot or inland pilot, or
both, shall receive, as a target monthly pension, an amount that is
initially equal to 46 percent of an amount that is an average of the
highest three of the last five years of audited annual average net
income per pilot, prior to the pilot's or inland pilot's retirement,
divided by 12, which initial target monthly pension amount shall be
subject to periodic adjustment pursuant to Section 1167. Pilots or
inland pilots with other than 25 full years of service as a pilot or
inland pilot, or both, shall receive a monthly pension in an amount
that is determined by multiplying the above calculated target monthly
pension by a fraction, the numerator of which shall be the number of
full years of service that the pilot or inland pilot has rendered
and the denominator of which shall be 25, which initial monthly
pension amount shall be subject to periodic adjustment pursuant to
Section 1167.
(B) Each disabled pilot or inland pilot shall receive as an
initial target monthly pension an amount that is based on 46 percent
of the greater of the following, which amount shall be subject to
periodic adjustment pursuant to Section 1167:
(i) An amount that is the average of the highest three of the last
five years of audited annual average net income per pilot divided by
12 and multiplied by a fraction, the numerator of which shall be the
number of full years of service that the pilot or inland pilot has
rendered and the denominator of which shall be 25.
(ii) The audited annual average net income per pilot, for the last
year prior to the pilot's or inland pilot's disability, divided by
12 and multiplied by a fraction, the numerator of which shall be the
number of full years of service that the pilot or inland pilot has
rendered and the denominator of which shall be 25.
(C) Each pilot who retired before January 1, 1985, shall receive
as an initial target monthly pension an amount that is one hundred
seventy-eight dollars ($178) multiplied by the number of full years
of service he or she performed as a pilot licensed under this
division, which amount shall be subject to periodic adjustment
pursuant to Section 1167.
(D) Each pilot who retired on or after January 1, 1985, or each
inland pilot who retired after January 1, 1993, shall receive as an
initial target monthly pension an amount that is the greater of the
following, which amount shall be subject to periodic adjustment
pursuant to Section 1167:
(i) An amount that is calculated by multiplying one hundred
seventy-eight dollars ($178) by the number of full years of service
the pilot or inland pilot performed as a pilot or inland pilot
licensed under this division.
(ii) An amount that is 46 percent of the average of the highest
three of the last five years of audited annual average net income per
pilot, prior to the pilot's or inland pilot's retirement, divided by
12 and multiplied by a fraction, the numerator of which is the pilot'
s or inland pilot's actual number of full years of service and the
denominator of which is 25.
(2) A pilot or inland pilot who retires or becomes disabled shall
not begin to receive a pension until the beginning of the benefit
payment period next following the date on which the pilot or inland
pilot retires or becomes disabled.
(3) A pilot or inland pilot shall not receive any benefits
pursuant to the pension plan in any benefit payment period unless the
pilot's or inland pilot's resignation as an active pilot or inland
pilot specifying a proposed date of retirement was submitted, in
writing, to the board, prior to November if the pilot's or inland
pilot's retirement is to be effective the first day of the following
January, prior to February if the pilot's or inland pilot's
retirement is to be effective the first day of the following April,
prior to May if the pilot's or inland pilot's retirement is to be
effective the first day of the following July, or prior to August if
the pilot's or inland pilot's retirement is to be effective the first
day of the following October. The pilot's or inland pilot's
resignation as an active pilot or inland pilot shall become effective
on either January 1, April 1, July 1, or October 1, as specified in
the written resignation.
(4) If a retired or disabled pilot or inland pilot who is
receiving a pension dies without a surviving spouse, the pilot's or
inland pilot's successor in interest shall receive the monthly
pension for the remainder of the benefit payment period within which
the death occurs, after which time the monthly pension shall cease.
(b) (1) The surviving spouse of a deceased pilot who is eligible
for a pension pursuant to paragraph (1) of subdivision (e) of Section
1164 and the surviving spouse of a deceased inland pilot who is
eligible for a pension pursuant to paragraph (2) of subdivision (e)
of Section 1164 shall each receive, as a monthly pension,
three-fourths of the amount that the deceased pilot or inland pilot
would have received as a monthly pension pursuant to this section had
the pilot or inland pilot lived, calculated as if the deceased pilot
or inland pilot had been disabled pursuant to subparagraph (B) of
paragraph (1) of subdivision (a).
(2) If a retired or disabled pilot or inland pilot who was
receiving a pension dies, the surviving spouse shall continue to
receive the full amount of the monthly pension to which the deceased
pilot or inland pilot was entitled for the balance of the benefit
payment period within which the death occurs, after which the
surviving spouse shall receive the amount specified in paragraph (1).
(3) If a surviving spouse receiving a pension dies, the surviving
spouse's successor in interest shall receive the monthly pension for
the remainder of the benefit payment period within which the death
occurs, after which time the monthly pension shall cease.
(c) For the purpose of the computations described in paragraph (1)
of subdivision (a), six months or more of service by a pilot or
inland pilot shall be considered a full year.
(d) Except as provided otherwise in this section and paragraph (4)
of subdivision (e) of Section 1164, monthly pension amounts payable
pursuant to this section to retired pilots and inland pilots and to
their surviving spouses are payable for the life of that retired
pilot, inland pilot, or spouse.
(e) To determine an inland pilot's full years of service under
this chapter, any periods of service that an inland pilot has
performed as a pilot shall be added to any service time performed as
an inland pilot after January 1, 1987.
(f) In calculating the benefits of a retired or disabled pilot who
was issued an original pilot's license in 1985 and who was not
thereafter issued an inland pilot's license, or in calculating the
benefits of the widow of such a pilot who is deceased, the number of
years of service used in the calculation shall be the greater of the
following:
(1) The actual number of full years of service the pilot has
rendered.
(2) Ten years.
1164. (a) Except as provided in subdivision (b), a pilot shall be
eligible for the pension provided in Section 1163 if the pilot meets
all of the following requirements:
(1) Held a license as a pilot and served at least 10 years in that
capacity or has attained 62 years of age, whichever occurs first.
(2) Retired after January 1, 1972.
(3) Is at least 60 years of age.
(b) A disabled pilot shall be eligible for the pension provided in
Section 1163 if it has been determined by the board, based upon
competent medical evidence, that the pilot is unable to perform the
duties of a pilot. As used in this chapter, "disabled" means a
disability of permanent or extended and uncertain duration, as
determined by the board, on the basis of competent medical opinion.
(c) Except as provided in subdivision (d), an inland pilot shall
be eligible for the pension provided in Section 1163 if the inland
pilot meets all of the following requirements:
(1) Held a license as an inland pilot and served at least 10 years
in that capacity after January 1, 1987, or has attained 62 years of
age, whichever occurs first.
(2) Retired after January 1, 1987.
(3) Is at least 60 years of age.
(4) Since January 1, 1987, has held himself or herself out as
providing pilotage assistance to the entire shipping industry
consistent with the inland pilot's license.
(5) For services provided after January 1, 1994, performs a
minimum of 75 assignments per calendar year unless excused from
performance of that requirement due to medical needs satisfactory to
the board.
(d) A disabled inland pilot who meets the requirements of
paragraph (4) of subdivision (c) shall be eligible for the pension
provided in Section 1163 if it has been determined by the board,
based upon competent medical evidence, that the inland pilot is
unable to perform the duties of an inland pilot.
(e) (1) A surviving spouse of a deceased pilot shall be eligible
for the pension provided in subdivision (b) of Section 1163 if that
deceased pilot died after January 1, 1972, and that deceased pilot
had held a license as a pilot.
(2) A surviving spouse of a deceased inland pilot shall be
eligible for the pension provided in subdivision (b) of Section 1163
if the deceased inland pilot died after January 1, 1987, had held a
license as an inland pilot, and since January 1, 1987, had held
himself or herself out as providing pilotage assistance to the entire
shipping industry consistent with the inland pilot's license.
(3) In order for a surviving spouse to be eligible for any pension
benefits pursuant to this chapter, the surviving spouse shall have
been legally married to the deceased pilot or inland pilot for at
least one year prior to the deceased pilot's or inland pilot's death.
(4) A surviving spouse of a deceased pilot or inland pilot shall
neither be eligible for, nor receive, pension benefits pursuant to
this chapter if the surviving spouse remarries. If a surviving spouse
who is receiving a monthly pension under this chapter remarries, the
surviving spouse's successor in interest shall receive the amount of
the monthly pension for the remainder of the benefit payment period
as if the surviving spouse had died, in accordance with paragraph (3)
of subdivision (b) of Section 1163.
1165. (a) A charge shall be levied for pilotage services at a
rate necessary to provide the benefits to be paid out pursuant to the
pension plan. The additional rate shall be determined as follows:
(1) On March 1, June 1, September 1, and December 1 of each year,
the number of persons eligible to receive benefits under the plan,
their identities, the calculated amount each shall be entitled to
receive, and the total amount to be paid out to all of those persons
during each month of the next three-month period shall be determined
by the fiduciary agent or agents.
(2) After the total amount to be paid out monthly under the plan
has been determined, the rate necessary to provide that amount each
month shall be calculated by the fiduciary agent or agents. The rate
shall be based upon the volume of shipping, in gross registered tons,
handled by pilots under this division for the 12-month periods
ending the previous September 30 for benefit periods commencing the
following January 1, ending the previous December 31 for benefit
periods commencing the following April 1, ending the previous March
31 for benefit periods commencing the following July 1, and ending
the previous June 30 for benefit periods commencing the following
October 1, respectively. The rate shall be expressed as mills per
gross registered ton and shall be calculated to the nearest
one-hundredth of a mill.
(3) The estimated cost of the services of the fiduciary agent or
agents to administer the pension plan shall be calculated by the
fiduciary agent or agents for the benefit periods described in
paragraph (2), shall be expressed as mills per gross registered ton,
and shall be calculated to the nearest one-hundredth of a mill.
(b) The rate determined pursuant to paragraphs (1), (2), and (3)
of subdivision (a) shall become effective on January 1 of the
following year with respect to the September 30 calculations, on
April 1 of the following year with respect to the December 31
calculations, on July 1 of that year with respect to the March 31
calculations, and on October 1 of that year with respect to the June
30 calculations. The rates shall be in effect for the succeeding
benefit payment period.
1166. (a) The benefits actually paid out each month by the
fiduciary agent or agents designated by the board to all retired and
disabled pilots and inland pilots, to surviving spouses of deceased
pilots and inland pilots, and to successors in interest shall be
equal to the revenue received pursuant to Section 1165 during the
preceding month less the expenses of the fiduciary agent or agents
incurred during that month. The revenue, whether greater or less than
the amount used in determining the tonnage rates under this chapter
to provide the aggregate target pensions to which those persons are
entitled according to Section 1163, shall be paid to each of them in
proportion to the relative target amounts to which they are entitled,
after payment of the expenses of the fiduciary agent or agents.
(b) Revenues for any month or year are the amounts to be received
pursuant to the pension plan for pilotage during that month or year.
The fiduciary agent or agents shall determine which accounting system
shall be used to make the payment, provided that, if the accrual
method is used, it shall be subject to later equitable adjustments
for unpaid receivables.
(c) Benefits pursuant to the new rate calculations shall be paid
commencing in February, May, August, and November of each year and
shall continue through, and include, the next following April, July,
October, and January, respectively, so that each benefit pension
period equals three months of payments. The period during which
benefits are paid is the benefit payment period.
CHAPTER 6. EFFECTIVE DATE
1170. This division shall become operative on January 1, 2014.
SEC. 19. Chapter 7 (commencing with Section 1220)
is added to Division 5 of the Harbors and Navigation Code
, to read:
CHAPTER 7. REPEAL DATE
1220. This division shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2014, deletes or extends that
date.
SEC. 20. Chapter 2 (commencing with Section 22000)
of Part 3 of Division 2 of the Public Contract Code
is repealed.
SEC. 21. Section 232 of the Vehicle
Code is repealed.
232. The "board" is the New Motor Vehicle Board.
SEC. 22. Section 1803.5 of the Vehicle
Code , as added by Chapter 216 of the Statutes of 2010, is
amended to read:
1803.5. (a) In accordance with Section 41501 or 42005, the clerk
of a court or hearing officer, when a person who receives a notice to
appear at a court or board proceeding for a
violation of any statute relating to the safe operation of vehicles
is granted a continuance of the proceeding in consideration for
completion of a program at a school for traffic violators, that
results in a designation of the conviction as confidential in
consideration for that completion, shall prepare an abstract of the
record of the court or board proceeding that indicates that the
person was convicted of the violation and ordered to complete a
traffic violator program, certify the abstract to be true and
correct, and cause the abstract to be forwarded to the department at
its office at Sacramento within five days after receiving proof that
the program was completed or the due date to which the proceeding was
continued, whichever comes first.
(b) This section shall become operative on July 1, 2011.
SEC. 23. Chapter 6 (commencing with Section 3000)
of Division 2 of the Vehicle Code is repealed.
SEC. 24. This act shall become operative January
1, 2014. All matter omitted in this version of the bill appears
in the bill as amended in the Assembly, May 10, 2011. (JR11)