HB 732 - Pilots and pilotage; amend; docking pilots; provisions

Georgia House of Representatives - 1995/1996 Sessions

HB 732 - Pilots and pilotage; amend; docking pilots; provisions

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13
Code Sections - 52-6-11/ 52-6-30/ 52-6-31/ 52-6-32/ 52-6-33/ 52-6-38/ 52-6-42/ 52-6-45 <->/ 52-6-46/ 52-6-47/ 52-6-49 <->/ 52-6-50/ 52-6-54
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1. Barnes  33rd

House Comm: Ind / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/14/95 Read 1st Time 2/15/95 Read 2nd Time ---------------------------------------- Code Sections amended:
HB 732 LC 16 4105 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Chapter 6 of Title 52 of the Official Code of 1- 2 Georgia Annotated, relating to pilots and pilotage, so as to 1- 3 change the provisions relating to prescribing rules and 1- 4 regulations relating to pilotage fees; to change the 1- 5 provisions relating to qualifications; to provide not only 1- 6 for bar pilots licenses but to provide for qualifications, 1- 7 licensing, regulation, and numbers of docking pilots; to 1- 8 change provisions relating to restrictions as to persons who 1- 9 may receive fees, gratuities, or rewards for conducting or 1-10 piloting of vessels; to provide a form of license for 1-11 docking pilots; to provide the times when bar pilots are in 1-12 control of a vessel; to require vessels to be under the 1-13 direction and control of pilots licensed by this state when 1-14 moving in the bays, rivers, harbors, and ports of this state 1-15 and the approaches thereto; to repeal provisions relating to 1-16 fees for coastwise vessels; to change provisions relating to 1-17 timing of payment and security for payment; to change the 1-18 liability and penalties for failure to take a bar pilot 1-19 where applicable and for failure to take a docking pilot 1-20 where applicable or failure to pay pilotage fees; to provide 1-21 for related matters; to provide an effective date; to repeal 1-22 conflicting laws; and for other purposes. 1-23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-24 Chapter 6 of Title 52 of the Official Code of Georgia 1-25 Annotated, relating to pilots and pilotage, is amended by 1-26 striking Code Section 52-6-11, relating to rules and 1-27 regulations of the Board of Pilotage Commissioners, in its 1-28 entirety and inserting in lieu thereof a new Code Section 1-29 52-6-11 to read as follows: 1-30 "52-6-11. (Index) 1-31 (a) The commissioners shall prescribe rules and 1-32 regulations for the government of pilots and the fees 1-33 which may be charged for their services and shall, from -1- (Index) LC 16 4105 2- 1 time to time, revise and grade pilotage fees, both inward 2- 2 and outward, when, in their judgment, it is necessary to 2- 3 do so. All rules and regulations existing as of November 2- 4 1, 1982 January 1, 1995, and all fees prescribed by the 2- 5 commissioners as of November 1, 1982 January 1, 1995, 2- 6 shall remain in effect until changed as provided in this 2- 7 chapter. Unless specifically made applicable only to a 2- 8 bar pilot or only to a docking pilot, all references in 2- 9 this chapter to a pilot shall mean any state licensed 2-10 pilot. 2-11 (b) The Board of Pilotage Commissioners for the City of 2-12 St. Marys, having jurisdiction over areas which include 2-13 boundary waters, shall be separately empowered to agree, 2-14 in form, with the Florida State Board of Pilot 2-15 Commissioners to establish authority for reciprocal 2-16 pilotage in the port of St. Marys and the tributaries of 2-17 the St. Marys River." SECTION 2. 2-18 Said chapter is further amended by striking Code Section 2-19 52-6-30, relating to qualifications for a pilot's license, 2-20 in its entirety and inserting in lieu thereof a new Code 2-21 Section 52-6-30 to read as follows: 2-22 "52-6-30. (Index) 2-23 (a) The commissioners at each of the ports of this state 2-24 are entitled to license issue a bar pilot's license during 2-25 good behavior to such citizens of the United States who 2-26 are of good character as they shall think fit to act as 2-27 bar pilots in conducting piloting vessels inward to and 2-28 outward inbound transit and downstream transit from the 2-29 several ports and rivers for which they shall be licensed. 2-30 Any bar pilot who is licensed as of November 1, 1982 2-31 January 1, 1995, shall continue to act under his such 2-32 license until said license is revoked or he the bar pilot 2-33 is suspended or he is retired as provided in this chapter. 2-34 (b) The commissioners at the port of Savannah are entitled 2-35 to issue a docking pilot's license during good behavior to 2-36 such citizens of the United States who are of good 2-37 character and who possess the qualifications included in 2-38 subsection (c) of this Code section. Any docking pilot 2-39 who is licensed by the commission shall continue to act 2-40 under such license until said license is revoked or such 2-41 pilot is suspended or is retired as provided in this 2-42 chapter. -2- (Index) LC 16 4105 3- 1 (c) Minimum qualifications for a docking pilot's license 3- 2 shall be: 3- 3 (1) Eight years experience in the ship handling 3- 4 industry, with not less than five years to be served in 3- 5 the harbor for which the license is being issued. Of 3- 6 this experience, a minimum of two years will be served 3- 7 as master of a towing vessel in the shiphandling 3- 8 business in the harbor for which the license is being 3- 9 issued; and 3-10 (2) The docking pilot must have acted as an observer in 3-11 the port for which the license is being issued on the 3-12 bridge of a seagoing vessel being docked or undocked on 3-13 at least 250 dockings and 250 undockings. In addition 3-14 to the 500 observations, the docking pilot shall have 3-15 performed, in the port for which the license is being 3-16 issued, 25 docking and 25 undocking maneuvers. 3-17 (d)(1) The port of Savannah shall be served by 3-18 classifications of docking pilots to be known 3-19 respectively as 'regular docking pilots' and 'relief 3-20 docking pilots.' Regular and relief docking pilots 3-21 shall possess the qualifications set forth in paragraphs 3-22 (1) and (2) of subsection (c) of this Code section. 3-23 Regular docking pilots shall, in addition, have 3-24 performed the functions of a docking pilot for at least 3-25 30 months within the five years preceding their issuance 3-26 of a regular docking pilot's license. 3-27 (2) The designation 'relief docking pilot' shall mean a 3-28 docking pilot who acts in the place of a 'regular 3-29 docking pilot,' especially in cases of vacation, 3-30 illness, incapacity, leaves of absence, or with the 3-31 agreement of a regular docking pilot. 3-32 (3) Any person who, at the time of the effective date of 3-33 this Act, possesses the qualifications set forth in 3-34 subsections (b) and (c) of this Code section and who is 3-35 performing the function of a docking pilot as defined in 3-36 Code section 52-6-32 shall be licensed as a docking 3-37 pilot under this Code section. 3-38 (4)(A) All persons referred to in paragraph (3) of 3-39 this subsection shall document the required 3-40 observations and maneuvers referred to in paragraph 3-41 (2) of subsection (c) of this Code section with a 3-42 record of each vessel observed with the date, vessel 3-43 name, length, draft, tonnage, maneuver, and terminal. -3- (Index) LC 16 4105 4- 1 (B) All persons not referred to in paragraph (3) of 4- 2 this subsection shall submit as documentation of the 4- 3 required observation and maneuvers set forth in 4- 4 paragraph (2) of subsection (c) of this Code section, 4- 5 a record of each vessel observed with the dates, 4- 6 vessel name, length, draft, tonnage, maneuver, and 4- 7 terminal. Each observation documentation required in 4- 8 this subparagraph shall be signed by the state 4- 9 licensed docking pilot directing the vessel." SECTION 3. 4-10 Said chapter is further is amended by striking Code Section 4-11 52-6-31, relating to the number of pilots, in its entirety 4-12 and inserting in lieu thereof a new Code Section 52-6-31 to 4-13 read as follows: 4-14 "52-6-31. (Index) 4-15 The number of licensed bar pilots shall not exceed 15 17 4-16 for the port of Savannah, three for the port of Doboy and 4-17 Darien, five six for the port of Brunswick, two for the 4-18 Great Satilla River, and two for the port of St. Mary's 4-19 Marys. The number of licensed docking pilots shall not 4-20 exceed 15 for the port of Savannah, with ten of that 4-21 number being regular docking pilots and five of that 4-22 number being relief docking pilots." SECTION 4. 4-23 Said chapter is further amended by striking Code Section 4-24 52-6-32, relating to restrictions as to persons who may 4-25 receive fees, gratuities, or rewards for conducting or 4-26 piloting vessels, in its entirety and inserting in lieu 4-27 thereof a new Code Section 52-6-32 to read as follows: 4-28 "52-6-32. (Index) 4-29 (a) No person other than a duly licensed pilot shall be 4-30 entitled to receive any fee, gratuity, or reward for 4-31 conducting or piloting any vessels inward or outward from 4-32 underway in the waters of any of the ports, rivers, or 4-33 harbors for which pilots may be licensed under the terms 4-34 of this chapter. 4-35 (b) The state licensed bar pilot's service begins on an 4-36 inbound transit when such pilot assumes control of the 4-37 vessel at sea and ends when such pilot is relieved by a 4-38 state licensed docking pilot at the point at which a 4-39 tugboat assisted docking maneuver begins. On the outbound -4- (Index) LC 16 4105 5- 1 transit, the state licensed bar pilot's service begins 5- 2 upon relieving the state licensed docking pilot at the 5- 3 point at which a tugboat assisted undocking maneuver is 5- 4 complete and the vessel begins its downstream transit to 5- 5 sea. The state licensed docking pilot's service begins on 5- 6 inbound vessels upon relieving the state licensed bar 5- 7 pilot at the point at which a tugboat assisted docking 5- 8 maneuver begins and ends when the vessel is secure at the 5- 9 berth. On the outbound transit, the state licensed 5-10 docking pilot's service beigns when the first line is 5-11 passed from the berth and ends upon being relieved by a 5-12 state licensed bar pilot at the point at which a tugboat 5-13 assisted undocking maneuver is complete. On vessels 5-14 shifting from berth to berth on intraharbor tugboat 5-15 assisted moves the services of the state licensed docking 5-16 pilot begins when the first line is passed form the berth 5-17 and ends when the vessel is secure at its new berth." SECTION 5. 5-18 Said chapter is further amended by striking Code Section 5-19 52-6-33, relating to the form of the license and oath of a 5-20 pilot, in its entirety and inserting in lieu thereof a new 5-21 Code Section 52-6-33 to read as follows: 5-22 "52-6-33. (Index) 5-23 (a) The license to a bar pilot must be in the form of a 5-24 certificate of his appointment, which must be signed by a 5-25 majority of the commissioners or by their chairman 5-26 chairperson by their direction; and each pilot, on 5-27 receiving his a license, shall take and subscribe an oath 5-28 in the following form: 5-29 'I, A.B., appointed bar pilot for the port and harbor of 5-30 ____________, do swear that I will faithfully, according 5-31 to the best of my ability, perform the duties of a bar 5-32 pilot in and for the port and harbor of _____________, 5-33 and will at all times -- wind, weather, and health 5-34 permitting -- use my best efforts to go on board every 5-35 vessel I shall see and conceive to be bound for, coming 5-36 into, or going out of said port or harbor, unless I am 5-37 well assured there is some other licensed pilot on board 5-38 the same; that I will, at all times, make the best 5-39 dispatch in my power to convey any vessel committed to 5-40 my charge coming into or going out of said port or 5-41 harbor; and will at all times well and truly observe, 5-42 fulfill, and follow, to the best of my skill and -5- (Index) LC 16 4105 6- 1 judgment, all such orders and directions as I may 6- 2 receive from the commissioners in all matters and things 6- 3 relating to the duty of a bar pilot.' 6- 4 (b) The license to a docking pilot must be in the form of 6- 5 a certificate of appointment, which must be signed by a 6- 6 majority of the commissioners or by their chairperson by 6- 7 their direction; and each docking pilot, on receiving a 6- 8 license, shall take and subscribe an oath in the following 6- 9 form: 6-10 'I, A.B., appointed docking pilot for the port and 6-11 harbor of ____________, do swear that I will faithfully, 6-12 according to the best of my ability, perform the duties 6-13 of a docking pilot in and for the port and harbor of 6-14 _____________, and will at all times -- wind, weather, 6-15 and health permitting -- use my best efforts to go on 6-16 board every vessel I shall see and conceive to be 6-17 seeking my services as a docking pilot as defined in the 6-18 laws of the State of Georgia; that I will, at all times, 6-19 do my best to discharge my duties as a docking pilot; 6-20 and will at all times well and truly observe, fulfill, 6-21 and follow, to the best of my skill and judgment, all 6-22 such orders and directions as I may receive from the 6-23 commissioners in all such matters and things relating to 6-24 the duty of a docking pilot.'" SECTION 6. 6-25 Said chapter is further amended by striking Code Section 6-26 52-6-38, relating to hearings before commissioners and 6-27 enforcement of decrees and orders by execution or warrants 6-28 of distress, in its entirety and inserting in its place a 6-29 new Code Section 52-6-38 to read as follows: 6-30 "52-6-38. (Index) 6-31 All matters concerning the assessment of fines or 6-32 penalties against pilots or other persons, the suspension 6-33 or revocation of their pilot licenses, and any other 6-34 matter relating to the use, business, or care of a pilot 6-35 in any of the harbors shall be heard and determined by the 6-36 commissioners, or a majority of them, appointed for the 6-37 care of the pilotage where the violation, damage, or 6-38 dispute may arise, upon reasonable notice to the pilot, or 6-39 pilots, or other persons concerned and an opportunity for 6-40 the pilot, or pilots, or other persons to be heard. The 6-41 commissioners are authorized by their decree or order to 6-42 decide and regulate every such matter, to assess fines and -6- (Index) LC 16 4105 7- 1 penalties, and to suspend or revoke licenses. They shall 7- 2 have the power to enforce the decree or order by execution 7- 3 or warrant of distress, under their hands and seals or 7- 4 under the hands and seals of any three of them, directed 7- 5 to any sheriff or constable of the county where the 7- 6 execution issues and commanding the sale of the offender's 7- 7 goods, or so much of them as may be necessary to satisfy 7- 8 the execution or warrant. All sales thereunder shall be 7- 9 made in conformity with the laws of the state in relating 7-10 to sheriffs' sales. The sheriff and constable shall be 7-11 liable to be ruled before the judge of the superior court 7-12 as in other cases for default in duly executing such 7-13 process." SECTION 7. 7-14 Said chapter is further amended by striking Code Section 7-15 52-6-42, relating to appeal to superior court, generally, in 7-16 its entirety and inserting in lieu thereof a new Code 7-17 Section 52-6-42 to read as follows: 7-18 "52-6-42. (Index) 7-19 In any case where a pilot is suspended or his the pilot's 7-20 license is revoked or where a fine exceeding $150.00 is 7-21 imposed by the commissioners on a pilot or any other 7-22 person, the pilot or other person concerned may petition 7-23 the judge of the superior court of the county where the 7-24 judgment or sentence of the commissioners was made, 7-25 setting forth on oath the circumstances of the case. A 7-26 copy of the petition shall be served upon the chairman or 7-27 secretary of the commissioners at least three days before 7-28 the petition is presented and the commissioners shall be 7-29 entitled to be heard as to whether there is sufficient 7-30 ground for the allowance of an appeal. If the judge of 7-31 the superior court should think there is sufficient ground 7-32 for the allowance of an appeal, he shall issue an order 7-33 directing an issue to be made between the appellant and 7-34 the commissioners, which issue shall be tried by a jury at 7-35 the next term of the superior court, unless good cause is 7-36 shown for a continuance. If, at the trial, a verdict 7-37 should be rendered in favor of the appellant, the judge of 7-38 the superior court shall order that the fine be remitted, 7-39 that the suspension be canceled, or that the license be 7-40 restored. Either the appellant or the commissioners may 7-41 move the court for a new trial and may appeal to the Court 7-42 of Appeals from the court's order entered upon the motion, -7- (Index) LC 16 4105 8- 1 as is provided by law in cases of appeal from orders 8- 2 granting or refusing a new trial in common-law cases." SECTION 8. 8- 3 Said chapter is further amended by striking Code Section 8- 4 52-6-45, relating to pilotage fees and the liability of 8- 5 vessels for payment of inward and outward pilotage fees, in 8- 6 its entirety and inserting in lieu thereof a new Code 8- 7 Section 52-6-45 to read as follows: 8- 8 "52-6-45. (Index) 8- 9 Any vessel which is not exempt under the laws of the 8-10 United States or this chapter from the payment of pilotage 8-11 fees, to which the services of a pilot are tendered, or 8-12 any vessel which accepts the services of a pilot shall be 8-13 liable to the pilot whose services are tendered or 8-14 accepted, as the case may be, for the payment of the full 8-15 inward and outward pilotage fees fixed by the 8-16 commissioners. Any such vessel which calls at the bar of 8-17 any of the ports or rivers named in Code Sections 52-6-4 8-18 and 52-6-31 in ballast seeking for orders and which does 8-19 not load but leaves in ballast or which, having loaded at 8-20 any of such ports or rivers, returns thereto because of 8-21 stress of weather or because it is damaged or disabled, 8-22 without completing the voyage, and any such vessel which 8-23 shall touch off the bar of any of such ports or rivers for 8-24 instructions shall be liable to the pilot who delivers 8-25 letters, orders, or instructions to her, or to the pilot 8-26 whose services she accepts, for one-half the inward and 8-27 outward pilotage fees fixed by the commissioners. 8-28 (a) Except as otherwise provided in this Code section, all 8-29 vessels shall be under the direction and control of a 8-30 pilot licensed by this state, as defined in subsection (c) 8-31 of this Code section, when moving in the bays, rivers, 8-32 harbors, and ports of this state and the approaches 8-33 thereto. 8-34 (b) The requirement of subsection (a) of this Code section 8-35 shall not apply to the following vessels: 8-36 (1) Vessels exempted by the laws of the United States; 8-37 (2) Vessels under 200 gross tons; and 8-38 (3) Vessels in distress or jeopardy, except that any 8-39 such vessel shall take on a state licensed pilot as soon 8-40 as one arrives at the vessel. -8- (Index) LC 16 4105 9- 1 (c) For purposes of this Code section, a state licensed 9- 2 pilot shall be either a state licensed bar pilot or a 9- 3 state licensed docking pilot." SECTION 9. 9- 4 Said chapter is further amended by striking Code Section 9- 5 52-6-46, relating to pilotage fees for coastwise vessels, in 9- 6 its entirety and inserting in lieu thereof a new Code 9- 7 Section 52-6-46 to read as follows: 9- 8 "52-6-46. (Index) 9- 9 Coastwise vessels which are not exempt under the laws of 9-10 the United States from the payment of pilotage fees and 9-11 which have paid the inward pilotage fee for that trip may 9-12 pay to the pilot entitled to the inward pilotage fee an 9-13 annual license fee of 25� per registered ton, which shall 9-14 exempt the vessel from the compulsory employment of a 9-15 pilot and the payment of the pilotage fees at the port for 9-16 a period of 12 months, unless the services of a pilot are 9-17 accepted. Any vessel which is in the port at which she has 9-18 paid the license fee, at the expiration of the 12 months 9-19 for which the same was granted, may apply for a new 9-20 license within 90 days thereafter and, on payment of the 9-21 license fee of 25� per registered ton, shall receive a new 9-22 license to run for 12 months from the date of the 9-23 expiration of the old license. Further, any coastwise 9-24 vessel not exempt under the laws of the United States from 9-25 the payment of pilotage fees which is changing ports of 9-26 this state shall pay the inward pilotage fee at the first 9-27 port of entry and the outward pilotage fee at each port of 9-28 this state at which she may load or discharge cargo, in 9-29 whole or in part. 9-30 Reserved." SECTION 10. 9-31 Said chapter is further amended by striking Code Section 9-32 52-6-47, relating to time of payment of pilotage fees and 9-33 security for payment, in its entirety and inserting in lieu 9-34 thereof a new Code Section 52-6-47 to read as follows: 9-35 "52-6-47. (Index) 9-36 (a) A bar pilot bringing a vessel into port or a bar pilot 9-37 who has tendered his or her services outside the bar to a 9-38 vessel which is required under this chapter to accept the 9-39 services of a bar pilot or to pay pilotage fees, or both, -9- (Index) LC 16 4105 10- 1 shall be entitled to the payment of his fees, both inward 10- 2 and outward, before the vessel leaves the port and may 10- 3 require the vessel to give adequate security therefor, to 10- 4 be approved by the commissioners, before the vessel leaves 10- 5 the port. If the payment is not made or the security is 10- 6 not given, no bar pilot shall be required to take the 10- 7 vessel out. The master, owner, or agent of any vessel 10- 8 which is in readiness to leave must, if possible, give 10- 9 notice of that fact to the commissioners at the port in 10-10 question or to its authorized representative. The 10-11 acceptance of security for pilotage fees shall in no way 10-12 affect the lien specified in Code Section 52-6-49, given 10-13 in case the fees are not paid. 10-14 (b) Any docking pilot who has rendered services to a 10-15 vessel moving within the rivers or harbors of this state 10-16 shall be entitled to the payment of his or her fees before 10-17 the vessel leaves the port and may require the vessel to 10-18 give adequate security therefor, to be approved by the 10-19 commissioners, before the vessel leaves the port. The 10-20 acceptance of security for such fees earned by a docking 10-21 pilot shall allow the docking pilot to perfect a lien of 10-22 the same type provided in Code Section 52-6-49 to ensure 10-23 collection of such fees." SECTION 11. 10-24 Said chapter is further amended by striking Code Section 10-25 52-6-49, relating to liability of master, charterer, and 10-26 cargo for refusal of vessel to take a pilot or pay a pilot's 10-27 fees, in its entirety and inserting in lieu thereof a new 10-28 Code Section 52-6-49 to read as follows: 10-29 "52-6-49. (Index) 10-30 When any vessel which is not exempt under the laws of the 10-31 United States from the payment of pilotage fees and which 10-32 is required under this chapter to pay any pilotage fee 10-33 refuses to receive a pilot on board when his services are 10-34 tendered as required by this chapter or refuses to pay the 10-35 pilotage fees fixed by the commissioners, her master and 10-36 her owner or owners, her charterer or charterers, and her 10-37 cargo shall become liable to the first pilot who has 10-38 offered his services as provided for in this chapter, to 10-39 the pilot entitled to the inward pilotage fee, or to the 10-40 pilot delivering letters or orders on board, as the case 10-41 may be, for the payment of all the pilotage fees. The 10-42 pilot is given a lien on the vessel and on her tackle, -10- (Index) LC 16 4105 11- 1 apparel, furniture, and cargo for the collection of the 11- 2 fees. 11- 3 (a) Any vessel that fails to take a pilot required under 11- 4 this chapter or that is operated in violation of any other 11- 5 requirement of this chapter or the regulations adopted by 11- 6 the commissioners under the authority of this chapter may 11- 7 be assessed a civil penalty by the commissioners in an 11- 8 amount not to exceed $25,000.00 per violation. Any vessel 11- 9 assessed such a penalty shall be liable in rem for the 11-10 payment of the penalty amount. 11-11 (b) The owner, charterer, managing operator, master, or 11-12 individual in charge of a vessel that fails to take a 11-13 pilot required under this chapter or who violates any 11-14 other requirement of this chapter or the regulations 11-15 adopted by the commissioners under the authority of this 11-16 chapter may be assessed a civil penalty by the 11-17 commissioners in an amount not to exceed $25,000.00 per 11-18 violation. 11-19 (c) Any owner, charterer, managing operator, master, or 11-20 individual in charge of a vessel who knowingly and 11-21 willfully refuses to take a pilot required under this 11-22 chapter shall be guilty of a misdemeanor. 11-23 (d) Any vessel and the owner, charterer, managing 11-24 operator, master, or individual in charge of the vessel 11-25 that fails to take a pilot required under this chapter or 11-26 that fails to pay the applicable pilotage fee when a pilot 11-27 has been taken shall be liable to the first pilot who 11-28 offered pilotage services, in the case of a vessel failing 11-29 to take a required pilot, or to the pilot who performed 11-30 the pilotage services, in the case of a vessel taking the 11-31 pilot but failing to pay the pilotage fee, for the full 11-32 amount of the applicable pilotage fee. The pilot is given 11-33 a lien on the vessel and its tackle, apparel, and 11-34 furniture for the collection of the fees. The pilot may 11-35 bring an action in the superior court for the county in 11-36 which the liability arose or in a federal court of 11-37 competent jurisdiction to recover the applicable fees and 11-38 shall be entitled to court costs and reasonable attorney's 11-39 fees incurred in bringing the action and collecting the 11-40 fees. 11-41 (e) The liabilities and penalties provided for in this 11-42 Code section are cumulative and are in addition to any -11- (Index) LC 16 4105 12- 1 rights or remedies available to a pilot or pilots, the 12- 2 commissioners, or to the state under any other law." SECTION 12. 12- 3 Said chapter is further amended by striking Code Section 12- 4 52-6-50, relating to pilotage fees of pilots aiding vessels 12- 5 in distress, in its entirety and inserting in lieu thereof a 12- 6 new Code Section 52-6-50 to read as follows: 12- 7 "52-6-50. (Index) 12- 8 Any bar pilot belonging to any port in this state meeting 12- 9 at sea with any vessel in distress, which is bound to 12-10 another port within this state, shall, if capable and 12-11 thereunto required, take charge of and pilot such vessel 12-12 into such port and shall be paid $10.00 a day for every 12-13 day he or she may be aboard such vessel at sea, without 12-14 the bars, and over and above the usual rate of pilotage; 12-15 and no other pilot shall interfere with him such pilot 12-16 while he or she is willing to continue his or her 12-17 services." SECTION 13. 12-18 Said chapter is further amended by striking Code Section 12-19 52-6-54, relating to acting as a pilot without a license or 12-20 interfering with or disturbing a licensed pilot, in its 12-21 entirety and inserting in lieu thereof a new Code Section 12-22 52-6-54 to read as follows: 12-23 "52-6-54. (Index) 12-24 (a) Any person who pilots or conducts any vessel inward to 12-25 or outward from any of the ports, rivers, or harbors of 12-26 this state performing the services of a bar pilot or of a 12-27 docking pilot and who has no authority or license to act 12-28 as a pilot or has had such authority or license suspended 12-29 or revoked shall be guilty of a misdemeanor. 12-30 (b) Any person who interferes with or disturbs a licensed 12-31 pilot in the performance of his or her duty shall be 12-32 guilty of a misdemeanor. 12-33 (c) Notwithstanding any other provisions of this Code 12-34 section, any person may assist a vessel in distress which 12-35 has no pilot on board if such person delivers up the 12-36 vessel to the first licensed pilot who comes on board and 12-37 offers to conduct it." -12- (Index) LC 16 4105 SECTION 14. 13- 1 This Act shall become effective upon its approval by the 13- 2 Governor or upon its becoming law without such approval. SECTION 15. 13- 3 All laws and parts of laws in conflict with this Act are 13- 4 repealed. -13- (Index)

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