BILL NUMBER: SB 1408 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 19, 2012
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 add Sections 1102, 1144, 1146,
1156.7, 1176.5, 1177.5, 1178.5, and 1196.4 to the Harbors and
Navigation Code, and to amend Section 1808.1 of the Vehicle
Code, relating to bar pilots.
LEGISLATIVE COUNSEL'S DIGEST
SB 1408, as amended, 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.
This bill would prohibit the port agent from assigning any pilot
to work on any combination of vessels if the pilot will have worked
in excess of specified limitations established for mariners aboard
tanker vessels, as prescribed by federal law. The bill would also
require a pilot to refuse a pilotage assignment if the pilot is
physically or mentally fatigued and the pilot has a reasonable belief
that the assignment cannot be carried out in a competent and safe
manner. The bill would require the executive director of the board,
if the executive director alerts the United States Coast Guard to a
violation or a likely violation of safety standards and has reason to
believe the violation or likely violation will not be corrected
prior to reaching its next port of call, to request that the United
States Coast Guard report specified vessel pilot safety violations to
the port state control officer or a pilot organization in a vessel's
expected future port of call.
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. Existing law requires that an applicant
for a pilot trainee position, or for a pilot license, or a pilot
seeking renewal of his or her license to undergo a physical
examination by a board-appointed physician, in accordance with
prescribed standards, to determine the suitability of a person to
perform his or her duties as a pilot.
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.
This bill would require a pilot trainee applicant, a license
applicant, or a licensee applying for renewal of a license to
disclose to the board-appointed physician conducting the required
physical examination certain medical information relating to the
applicant's or licensee's ability to safely operate a vessel,
including information concerning prior substance abuse and medical
conditions characterized by lapses of consciousness. The bill would
authorize the board to 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
determines that the applicant or licensee habitually uses, or is
addicted to, alcoholic beverages, narcotics, or dangerous drugs, and
would prescribe procedures the board would be required to follow with
regard to the refusal to issue or renew a license.
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.
This bill would require that any continuing education program
adopted by the board regularly inform pilots of the hazards of
fatigue and of effective strategies to prevent fatigue.
Existing law requires the prospective employer of a driver who
drives a vehicle, as specified, to obtain a report showing the driver'
s current public record as recorded by the Department of Motor
Vehicles, and requires the employer of a driver of such a vehicle to
participate in a pull-notice system, as defined. Existing law
requires that a request to participate in the pull-notice system be
accompanied by a fee determined by the department to be sufficient to
defray the entire actual cost to the department for the notification
system, subject to specified fee exemptions.
This bill would require that the board and its port agent also
comply with the above provisions of the Vehicle Code requiring
participation in the pull-notice system and establishing the fee for
the system, but would specify that all pilots and pilot trainees
covered by those provisions would not be subject to the fees imposed
by the department for the pull-notice system.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
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. The Legislature finds and declares that the enhancement of
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 and prevent fatigue resulting from extended hours
of service, insufficient rest within a 24-hour period, and
disruption of circadian rhythms.
SEC. 2. Section 1144 is added to the
Harbors and Navigation Code , to read:
1144. Any continuing education program adopted by the board shall
regularly inform pilots of the hazards of fatigue and of effective
strategies to prevent fatigue while on duty.
SEC. 3. Section 1146 is added to the
Harbors and Navigation Code , to read:
1146. (a) The port agent shall not assign any pilot to work on
any combination of vessels if the pilot will have worked in excess of
the limitations established for mariners aboard tanker vessels by
subdivision (b) of Section 4114 of the federal Oil Pollution Act of
1990 (Public Law 101-380).
(b) A pilot shall refuse a pilotage assignment if he or she is
physically or mentally fatigued and has a reasonable belief that the
assignment cannot be carried out in a competent and safe manner.
SEC. 4. Section 1156.7 is added to the
Harbors and Navigation Code , to read:
1156.7. If the executive director of the board 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 of the board
pursuant to Section 1156.6, and all of those reports and findings
shall be considered public records.
SEC. 5. Section 1176.5 is added to the
Harbors and Navigation Code , to read:
1176.5. (a) At the time of the physical examination required by
Section 1176, a trainee applicant shall disclose to the
board-appointed physician conducting the physical examination all of
the following information, 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 has 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 medical
condition that may bring about recurrent lapses, or has any physical
or mental disability, disease, or disorder that could affect the
safe operation of a vessel or motor vehicle.
(b) At the time of the physical examination, a licensee shall
disclose to the board-appointed physician conducting the physical
examination pursuant to Section 1176 all of the following
information, 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 medical condition that
may bring about recurrent lapses, or has any physical or mental
disability, disease, or disorder that 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 licensee to any person if the
board-appointed physician conducting the physical examination
required pursuant to Section 1176 determines that the trainee
applicant, 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 to the training
program, issue a license to a pilot license applicant, or renew a
pilot license for any applicant who fails to submit the information
required by this section.
SEC. 6. Section 1177.5 is added to the
Harbors and Navigation Code , to read:
1177.5. (a) The board's proceedings with regard to the refusal to
issue or renew a pilot license 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.
SEC. 7. Section 1178.5 is added to the
Harbors and Navigation Code , to read:
1178.5. (a) Subject to this section, the board shall participate
in a pull-notice system, pursuant to Section 1808.1 of the Vehicle
Code, with respect to all pilot trainees and all licensees.
(b) The purpose of board 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.
(c) 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.
(d) The board 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.
(e) Upon the termination of a pilot's license or the removal of a
trainee from the training program, the board shall notify the
Department of Motor Vehicles to discontinue the driver's enrollment
in the pull-notice system.
(f) For the purposes of the pull-notice system, a pilot and pilot
trainee shall be enrolled as if he or she were an employee of the
board.
(g) The board shall be exempt from any fees required under the
pull-notice system, pursuant to Section 1808.1 of the Vehicle Code.
SEC. 8. Section 1196.4 is added to the
Harbors and Navigation Code , to read:
1196.4. (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. 9. Section 1808.1 of the Vehicle
Code is amended to read:
1808.1. (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
(b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, 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 employer's
notification request remains valid and uncanceled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
(c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
(d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
(e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
(f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
(g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
(h) (1) A request to participate in the pull-notice system
established by this section shall be accompanied by a fee determined
by the department to be sufficient to defray the entire actual cost
to the department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
(2) A regularly organized fire department, having official
recognition of the city, county, city and county, or district in
which the department is located, shall participate in the pull-notice
program and shall not be subject to the fee established pursuant to
this subdivision.
(3) The Board of Pilot Commissioners for Monterey Bay and the Bays
of San Francisco, San Pablo, and Suisun, and its port agent shall
participate in the pull-notice system established by this section,
subject to Section 1178.5 of the Harbors and Navigation Code, and
shall not be subject to the fees established pursuant to this
subdivision.
(i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
(j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
(2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
(k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials endorsement, a class C
license issued pursuant to Section 12814.7, or a certificate issued
pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or
a passenger vehicle having a seating capacity of not more than 10
persons, including the driver, operated for compensation by a
charter-party carrier of passengers or passenger stage corporation
pursuant to a certificate of public convenience and necessity or a
permit issued by the Public Utilities Commission.
( l ) This section shall not be construed to change the
definition of "employer," "employee," or "independent contractor"
for any purpose.
(m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and ( l ) and the employer obligations in
those subdivisions.
(n) Reports issued pursuant to this section, but only those for a
driver of a taxicab engaged in transportation services as described
in subdivision (a) of Section 53075.5 of the Government Code, shall
be presented upon request, during regular business hours, to an
authorized representative of the administrative agency responsible
for issuing permits to taxicab transportation services pursuant to
Section 53075.5 of the Government Code. All matter omitted in this
version of the bill appears in the bill as introduced in the Senate,
February 24, 2012. (JR11)