FINAL BILL REPORT

HB 629

                                  C 392 L 87

BYRepresentatives Fisch, Schmidt, Zellinsky, Gallagher, Haugen and J. Williams 

Expanding the board's authority over pilot discipline.

House Committe on Transportation

Senate Committee on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

The Board of Pilotage Commissioners is granted the power to investigate the performance of pilotage services subject to the State Pilotage Act.  All vessels under enrollment and all United States and Canadian vessels engaged exclusively in trade on the West Coast are exempt from the act and from the obligation to employ state-licensed pilots.  The operators of some enrolled vessels, although not required by state law to do so, employ state-licensed pilots while operating in Puget Sound and Grays Harbor.

The board has the authority to issue a fine or to suspend, withhold or revoke a state pilot's license for misconduct, incompetency, inattention to duty, intoxication or failure to perform his or her duties while that pilot is on a vessel under state pilotage jurisdiction (registered vessel).

When a state-licensed pilot performs services on a vessel not under state jurisdiction (enrolled vessel), the board may investigate whether those services were performed in a professional manner consistent with sound maritime practices.  If the board finds that those services were performed in a negligent manner, the board shall impose a fine of not more than $5,000 upon the offending pilot. Federal law grants to the United States Coast Guard exclusive jurisdiction over the licensing of pilots on enrolled/coastwise vessels.

The board does not have the authority to partially or totally stay a disciplinary action, or to require of a pilot the satisfactory completion of a training or treatment program.  It also does not have authority to provide for disciplinary or corrective measures to be taken after multiple disciplinary actions have been taken against a pilot in a specified period of time.

Any action taken by the board to suspend a pilot's license requires a hearing process as well as an extended appeals process.  The board has no authority to temporarily suspend a pilot's license on an emergency basis.

A joint subcommittee of the House and Senate Transportation committees reviewed the State Pilotage Act during 1986.  Recommendations of that subcommittee related to discipline of pilots are set forth in the bill.

SUMMARY:

The Board of Pilotage Commissioners' authority for pilot discipline is expanded in the following ways:

For state-licensed pilots on registered vessels, the board is authorized to reprimand a pilot.

For state-licensed pilots on enrolled vessels, the board is authorized to reprimand a pilot, or to suspend, revoke or withhold that pilot's license.  Language by which the board determines pilot negligence is expanded to parallel that of the test for negligence on board a registered vessel.  The new tests are for incompetence or misconduct, or violation or failure to comply with state laws or regulations intended to promote marine safety.  The board may impose any combination of disciplinary actions on registered or enrolled vessels.

The board is authorized to partially or totally stay a disciplinary action and to require of a pilot the satisfactory completion of a training or treatment program.

The board is directed to implement a system of specified disciplinary or corrective actions when multiple disciplinary actions have been taken against a pilot in a specified period of time.

The board is authorized to temporarily suspend a pilot's license when the pilot has been involved in a major accident (loss of life, major property damage or loss of vessel), or for diminished mental capacity or use of substances when such would affect an individual's ability to pilot.  The board is to develop rules for exercising this authority, including authorizing the chair or vice chair to order temporary suspensions, providing for emergency meetings of the board, setting the length of suspension and establishing an appeal process.

A severability clause is provided.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    48     0 (Senate amended)

      House 96   0 (House concurred)

EFFECTIVE:July 26, 1987