HOUSE BILL REPORT

HB 629

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

Expanding the board's authority over pilot discipline.

House Committe on Transportation

Majority Report:     Do pass.  (26)

     Signed by Representatives Walk, Chair; Baugher, Vice Chair; Betrozoff, Cantwell, Cooper, Day, Dellwo, Doty, Fisch, Fisher, Gallagher, Haugen, Heavey, Kremen, Meyers, Patrick, Schmidt, C. Smith, D. Sommers, Spanel, Sutherland, Todd, Vekich, J. Williams, K. Wilson and Zellinsky.

House Staff:Gene Baxstrom (786-7303)

AS PASSED HOUSE MARCH 12, 1987

BACKGROUND:

The Board of Pilotage Commissioners is granted the power to investigate the performance of pilotage services subject to the State Pilotage Act.  RCW 88.16.070 exempts from the act and from the obligation to employ state-licensed pilots, all vessels under enrollment and all United States and Canadian vessels engaged exclusively in the coasting trade on the West Coast.  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 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 or 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 specific statutory authority to provide for specified disciplinary or corrective measures that are to be taken when 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.

SUMMARY:

The Board of Pilotage Commissioner's 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 federal laws or regulations intended to promote marine safety.

The board is authorized to partially or totally stay a disciplinary action.

The board is granted authority 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 suspend temporarily 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 effect an individual's ability to pilot.  The board is instructed to develop rules for exercising this authority including authorizing the chair or vice chair to order temporary suspensions, emergency meetings of the board, set the length of suspension, provide for hearings and an appeal process.

A severability clause is provided.

EFFECT OF SENATE AMENDMENT(S):  Language setting forth the disciplinary actions which the board may take against a pilot is clarified.

One of the tests by which the board may determine pilot negligence on board an enrolled vessel is changed from failure to comply with federal laws to promote marine safety to failure to comply with state laws to promote marine safety.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Ralph White, Chairman, Board of Pilotage Commissioners; Robert Kroman, President, Port Angeles Pilots Association; Randy Ray, Puget Sound Steamship Operators.

House Committee - Testified Against: Robert Kroman, President, Port Angeles Pilots Association.

House Committee - Testimony For:     Broader authority should be given to the board to discipline state-licensed pilots serving on board registered and enrolled vessels.  The board should be granted the power to suspend a disciplinary action or condition the action based on a course of training or treatment.

House Committee - Testimony Against: The board should not have authority over state-licensed pilots on enrolled vessels since this amounts to double jeopardy due to Coast Guard authority in those instances.

VOTE ON FINAL PASSAGE:

     Yeas 95; Excused 3

Excused:   Representatives Allen, Hankins and Nealey