Bill Text: CA AB2637 | 2009-2010 | Regular Session | Amended
Bill Title: Bay pilots: Humboldt Bay.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-24 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2637 Detail]
Download: California-2009-AB2637-Amended.html
BILL NUMBER: AB 2637 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2010
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 19, 2010
An act to amend Sections 1100, 1101, 1105, 1110, 1112,
1114.5, 1125, 1126, 1127, 1128, 1132, 1133, 1140, 1141, 1150, 1170.3,
1177, 1190.1, 1192, and 1195 of, and to amend the heading of
Division 5 (commencing with Section 1100) of, the Harbors and
Navigation Code, relating to bay pilots, and making an appropriation
therefor. An act to add and repeal Section 1171.6 of
the Harbors and Navigation Code, relating to bay pilots.
LEGISLATIVE COUNSEL'S DIGEST
AB 2637, as amended, Chesbro. Bay pilots: Humboldt Bay.
(1) Existing law establishes
the Humboldt Bay Harbor, Recreation, and Conservation District
within Humboldt County. Existing law provides for the regulation and
licensing of pilots for Humboldt Bay by the Board of Commissioners of
the Humboldt Bay Harbor, Recreation, and Conservation District.
Existing law provides for the regulation and licensing of pilots
for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun
by the Board of Pilot Commissioners for the Bays of San Francisco,
San Pablo, and Suisun. Existing law requires the board to
establish training standards and a training program for pilot
trainees.
This bill would authorize, until January 1, 2014, a pilot licensed
by the Humboldt Bay Harbor, Recreation, and Conservation District to
perform pilotage for Humboldt Bay to take any examination
administered by the Board of Pilot Commissioners for the Bays of San
Francisco, San Pablo, and Suisun upon the adoption of a statement by
the board that the pilot possesses pilotage and ship-handling
experience similar to that which would allow him or her to take an
examination required prior to admission into the pilot trainee
training program for training on the Bays of San Francisco, San
Pablo, and Suisun. The bill would also establish requirements for the
pilot entering the pilot trainee training program.
This bill would apply those provisions also to persons who pilot
vessels into or out of any harbor or port of the bay of Humboldt Bay.
(2) Under existing law, any person who does not hold a license as
a pilot or as an inland pilot and who pilots any vessel into or out
of any harbor or port of Monterey Bay or the Bays of San Francisco,
San Pablo, or Suisun, or who acts as a pilot for ship movements or
special operations upon the waters of any of those bays, is guilty of
a misdemeanor.
By expanding the scope of persons subject to that law to include
pilots in Humboldt Bay, the bill would impose a state-mandated local
program by creating a new crime.
(3) Existing law requires all moneys received by the Board of
Pilot Commissioners pursuant to any statute to be deposited in the
Board of Pilot Commissioners' Special Fund. The fund is continuously
appropriated for the payment of the compensation and expenses of the
board, its officers and employees, and the pilot training programs.
Existing law specifies the rates for pilotage for vessels entering or
leaving Monterey Bay and the Bays of San Francisco, San Pablo, and
Suisun. Existing law also imposes various surcharges for, among other
things, board operations, training programs, and pension benefits.
Because this bill would increase the amount of money deposited in
a continuously appropriated fund, the bill would make an
appropriation.
(4) 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: yes no
. Fiscal committee: yes. State-mandated local program:
yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION. 1. Section 1171.6 is added to the
Harbors and Navigation Code , to read:
1171.6. (a) A pilot licensed by the Humboldt Bay Harbor,
Recreation, and Conservation District to perform pilotage for
Humboldt Bay shall be eligible to take any examination administered
by the board upon the adoption of a statement by the board that the
pilot possesses pilotage and ship-handling experience similar to that
which would allow him or her to take an examination required prior
to admission into the pilot trainee training program for training on
the Bays of San Francisco, San Pablo, and Suisun pursuant to
subdivision (d) of Section 1171.5.
(b) A pilot admitted into the pilot trainee training program
subsequent to satisfactorily completing an examination pursuant to
subdivision (a) shall be granted all rights and privileges and be
subject to all duties and responsibilities of a trainee pursuant to
the program established by Section 1171.5, except as provided in
subdivision (c).
(c) The board shall not issue a certificate of completion pursuant
to subdivision (g) of Section 1171.5 to a pilot allowed to take an
examination pursuant to subdivision (a) unless the pilot has done
both of the following:
(1) Satisfactorily completed the pilot trainee training program.
(2) Obtained a resolution adopted by the Humboldt Bay Harbor,
Recreation, and Conservation District that does one of the following:
(A) Accepts the surrender of the Humboldt Bay license held by the
pilot, or accepts a surrender contingent upon the issuance by the
board of a state license to the pilot.
(B) Acknowledges that the pilot has not surrendered his or her
Humboldt Bay license, and that once he or she is licensed by the
board, the Humboldt Bay Harbor, Recreation, and Conservation District
shall not require the pilot to perform pilotage services or provide
pilotage services within the pilotage grounds of the district, and
the district shall not place any restriction on the ability of the
pilot to perform duties under his or her state license as issued by
the board.
(d) On or after January 1, 2014, the board shall not issue a
certificate of completion pursuant to this section.
(e) This section 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. All matter omitted in this version of the bill
appears in the bill as introduced in the Assembly, February 19, 2010.
(JR11)
