BILL NUMBER: SB 1217	CHAPTERED
	BILL TEXT

	CHAPTER  568
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2008
	PASSED THE SENATE  AUGUST 21, 2008
	PASSED THE ASSEMBLY  AUGUST 18, 2008
	AMENDED IN ASSEMBLY  AUGUST 14, 2008
	AMENDED IN ASSEMBLY  JUNE 11, 2008
	AMENDED IN ASSEMBLY  MAY 6, 2008

INTRODUCED BY   Senator Yee

                        FEBRUARY 14, 2008

   An act to add Section 1157.5 to, and to repeal and add Section
1176 of, the Harbors and Navigation Code, relating to vessels, and
making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1217, Yee. Vessels: Board of Pilot Commissioners: pilots:
fitness for duty.
   Existing law establishes in state government the Board of Pilot
Commissioners, with jurisdiction over Monterey Bay and the Bays of
San Francisco, San Pablo, and Suisun. Existing law authorizes the
board to appoint an executive director to perform various duties.
   This bill would require the board, on or before April 15, 2010,
and annually thereafter, to submit to the Secretary of the Senate and
the Chief Clerk of the Assembly a report containing specified
information describing its activities for the preceding calendar
year.
   Existing law continuously appropriates the funds in the Board of
Pilot Commissioners' Special Fund for the payment of the compensation
and expenses of the board, its officers and employees, and training
programs.
   By imposing the duty to submit an annual report of the board's
activities, the bill would make an appropriation.
   Existing law requires pilots and inland pilots to undergo physical
examinations in accordance with standards prescribed by the board in
conjunction with the renewal of their licenses. Existing law
requires that the examination designate that each pilot or inland
pilot is fit to perform his or her duties as a pilot.
   This bill would, instead, require the board to appoint a physician
or physicians who are qualified to determine the suitability of a
person to perform his or her duties as a pilot, an inland pilot, or a
pilot trainee in accordance with specified requirements, that
include, among other things, an evaluation of the effects of the
prescription medications that the pilot, inland pilot, or pilot
trainee is taking, and would require the appointed physician to
designate to the board whether the pilot, inland pilot, or pilot
trainee is fit to perform his or her duties as a pilot, inland pilot,
or pilot trainee.
   The bill would require the board to terminate a pilot trainee or
suspend or revoke the license of a pilot or an inland pilot who fails
to submit the prescribed medication information required by these
provisions.
   This bill would also provide that certain provisions would be
operative only if SB 1627 and this bill are both enacted and become
effective on or before January 1, 2009, and other provisions would be
operative only if this bill is enacted and becomes effective on or
before January 1, 2009, and SB 1627 is not enacted.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1157.5 is added to the Harbors and Navigation
Code, to read:
   1157.5.  On or before April 15, 2010, and annually thereafter, the
board shall submit to the Secretary of the Senate and the Chief
Clerk of the Assembly a report describing the board's activities for
the preceding calendar year. The report shall include, but not be
limited to, all of the following:
   (a) The number of vessel movements across the bar, on the bays,
and on the rivers within the board's jurisdiction.
   (b) The name of each licensed pilot, inland pilot, and pilot
trainee, and the status of each person. If a person has had more than
one status during the reporting year, each status and the length of
time in that status shall be indicated. For the purposes of this
section, "status" includes all of the following designations:
   (1) Licensed and fit for duty.
   (2) Licensed and not fit for duty.
   (3) Licensed and on authorized training.
   (4) Licensed and on active military duty.
   (5) Licensed and on leave of absence.
   (6) Licensed but license suspended.
   (c) A summary of each report of misconduct or a navigational
incident involving a pilot, inland pilot, or pilot trainee, or other
matters for which a license issued by the board may be revoked or
suspended. For those cases that have been closed, the summary shall
include a description of findings made by the incident review
committee and of the resulting action taken by the board. For those
cases that are still under investigation, the summary shall include a
description of the reported incident and an estimated completion
date for the investigation. For those closed cases involving a pilot
who has been involved in a prior incident where a finding of pilot
error had been made, the report shall also include a summary of that
incident.
  SEC. 2.  Section 1157.5 is added to the Harbors and Navigation
Code, to read:
   1157.5.  On or before April 15, 2010, and annually thereafter, the
board shall submit to the Secretary of the Senate, the Chief Clerk
of the Assembly, and the Secretary of Business, Transportation and
Housing a report describing the board's activities for the preceding
calendar year. The report shall include, but not be limited to, all
of the following:
   (a) The number of vessel movements across the bar, on the bays,
and on the rivers within the board's jurisdiction.
   (b) The name of each licensed pilot, inland pilot, and pilot
trainee, and the status of each person. If a person has had more than
one status during the reporting year, each status and the length of
time in that status shall be indicated. For the purposes of this
section, "status" includes all of the following designations:
   (1) Licensed and fit for duty.
   (2) Licensed and not fit for duty.
   (3) Licensed and on authorized training.
   (4) Licensed and on active military duty.
   (5) Licensed and on leave of absence.
   (6) Licensed but license suspended.
   (c) A summary of each report of misconduct or a navigational
incident involving a pilot, inland pilot, or pilot trainee, or other
matters for which a license issued by the board may be revoked or
suspended. For those cases that have been closed, the summary shall
include a description of findings made by the incident review
committee and of the resulting action taken by the board. For those
cases that are still under investigation, the summary shall include a
description of the reported incident and an estimated completion
date for the investigation. For those closed cases involving a pilot
who has been involved in a prior incident where a finding of pilot
error had been made, the report shall also include a summary of that
incident.
  SEC. 3.  Section 1176 of the Harbors and Navigation Code is
repealed.
  SEC. 4.  Section 1176 is added to the Harbors and Navigation Code,
to read:
   1176.  (a) The board shall appoint a physician or physicians who
are qualified to determine the suitability of a person to perform his
or her duties as a pilot, an inland pilot, or a pilot trainee in
accordance with subdivision (c).
   (b) An applicant for a pilot trainee position or for a pilot or
inland pilot license as well as a pilot or inland pilot seeking
renewal of his or her license shall undergo a physical examination by
a board appointed physician in accordance with standards prescribed
by the board. Within 30 days prior to the examination, the applicant
or licensee shall submit to the physician conducting the physical
examination a complete list of all prescribed medications being taken
by or administered to the applicant or licensee.
   (c) On the basis of both the examination and an evaluation of the
effects of the prescription medications named on the submitted list,
the physician shall designate to the board whether or not the pilot,
inland pilot, or pilot trainee is fit to perform his or her duties as
a pilot, inland pilot, or pilot trainee.
   (d) The license of a pilot or inland pilot shall not be renewed
unless he or she is found fit for duty pursuant to subdivision (c).
   (e) Whenever a pilot, inland pilot, or pilot trainee is prescribed
either a new dosage of a medication or a new medication, or suspends
the use of a prescribed medication, he or she shall, within 10 days,
submit that information to the board appointed physician having
possession of the prescribed medication list submitted pursuant to
subdivision (b). Whenever the physician receives the updated
information, the physician shall determine whether or not the
medication change affects the licensee's or trainee's fitness for
duty. If the physician determines that the medication change results
in the pilot, inland pilot, or pilot trainee being unfit for duty,
the physician shall inform the board.
   (f) The board may terminate a pilot trainee or suspend or revoke
the license of a pilot or an inland pilot who fails to submit the
prescribed medication information required by this section.
  SEC. 5.  (a) Section 1 of this bill shall only become operative if
this bill is enacted and becomes effective on or before January 1,
2009, and Senate Bill 1627 is not enacted, in which case Section 2 of
this bill shall not become operative.
   (b) Section 2 of this bill shall only become operative if both
this bill and Senate Bill 1627 are enacted and become effective on or
before January 1, 2009, in which case Section 1 of this bill shall
not become operative.