BILL NUMBER: AB 2287 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Swanson
FEBRUARY 24, 2012
An act to amend Section 1191 of the Harbors and Navigation Code,
relating to bar pilotage.
LEGISLATIVE COUNSEL'S DIGEST
AB 2287, as amended, Swanson. Bar pilotage: rates.
Existing law provides for the licensing and regulation 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. In that connection,
existing law requires the Board of Pilot Commissioners for Monterey
Bay, and the Bays of San Francisco, San Pablo, and Suisun Bays to
recommend that the Legislature, by statute, adopt a schedule of
pilotage rates providing that provide
fair and reasonable return to pilots engaged in ship movements or
special operations if the rates for those
movements or operations are not specified by law.
Existing law requires a vessel using pilots for ship movements or
special operations that do not constitute bar pilotage to pay the
rate specified in the schedule of pilotage rates adopted by the
Legislature.
This bill would, in the alternative, require a vessel using pilots
for ship movements or special operations that do not constitute bar
pilotage to pay the rate mutually agreed upon by the port agent and
the person with the authority to act on behalf of the vessel using a
pilot for ship movements or special operations that do not constitute
bar pilotage.
This bill would make technical, nonsubstantive changes in those
provisions relating to the schedule of pilotage rates.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1191 of the Harbors and Navigation Code is
amended to read:
1191. (a) The board, pursuant to Chapter 6 (commencing with
Section 1200), shall recommend that the Legislature, by statute,
adopt a schedule of pilotage rates that provides
provide fair and reasonable return to pilots engaged in
ship movements or special operations if rates for those movements or
operations are not specified in Section 1190.
(b) A vessel using pilots for ship movements or special operations
that do not constitute bar pilotage shall pay the rate that is
specified in the schedule of pilotage rates adopted by the
Legislature or the rate mutually agreed upon by the port agent
and the person with the authority to act o n behalf of the
vessel using a pilot for ship movements or special operations that
do not constitute bar pilotage .
(c) Consistent with the board's adoption of rate recommendations
in May 2002, the minimum rates imposed pursuant to this section that
are in effect on December 31, 2002, shall be increased by 26 percent
on January 1, 2003; those in effect on December 31, 2003, shall be
increased by 26 percent on January 1, 2004; those in effect on
December 31, 2004, shall be increased by 14 percent on January 1,
2005; and those in effect on December 31, 2005, shall be increased by
14 percent on January 1, 2006.