71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2091
A-Engrossed
House Bill 3854
Ordered by the House May 24
Including House Amendments dated May 24
Sponsored by Representatives MERKLEY, WITT; Representatives
DINGFELDER, LEE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Imposes surcharge on registration of boats using
two-stroke, carbureted boat engines. - } Requires State Marine
Board to develop educational program on environmental
consequences of operating two-stroke, carbureted boat engines.
Requires board to develop program to encourage replacement of
two-stroke, carbureted boat engines. { - Imposes maximum fine
of $300 for failure to display two-stroke, carbureted boat engine
decals. - }
Directs board to create rebate program for retiring two-stroke,
carbureted boat engines from service. { + Requires board to
develop Clean Water Refund program to reward persons for owning
boat engines that meet federal Environmental Protection Agency
standards for engines to be sold in 2006. Creates Marine Engine
Rebate and Education Fund. Increases fees for certificate of
number or registration in two steps. Provides that portion of
fees goes to fund. + }
A BILL FOR AN ACT
Relating to boat engines; creating new provisions; amending ORS
830.140, 830.150 and 830.790; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2, 3, 4 and 7 of this 2001 Act are
added to and made a part of ORS chapter 830. + }
SECTION 2. { + The State Marine Board shall develop, by rule:
(1) An educational program, in conjunction with the Department
of Environmental Quality, that includes the environmental
consequences of operating two-stroke, carbureted boat engines.
(2) A program to encourage the replacement of two-stroke,
carbureted boat engines for the purpose of removing such engines
from service.
(3) A Clean Water Refund program for rewarding persons for
owning a boat engine that meets or exceeds the federal
Environmental Protection Agency standards established for boat
engines to be sold in 2006.
(4) A rebate program to encourage owners of two-stroke,
carbureted boat engines to remove the engines from service. The
program shall provide a rebate on new boat engines purchased that
meet the federal Environmental Protection Agency standards
established for boat engines to be sold in 2006, if a person
removes a two-stroke, carbureted boat engine from service. The
rebate program shall be made available and limited to Oregon
residents, Oregon boat dealers and Oregon boat engine
dealers. + }
SECTION 3. { + (1) The rebate program established by the State
Marine Board pursuant to section 2 of this 2001 Act shall include
a standard form for the rebate, provided by boat dealers and boat
engine dealers, that includes the following:
(a) Identification, serial number and horsepower of the engine
being removed from service;
(b) Identification, serial number and horsepower of the engine
being purchased;
(c) The name of the purchaser;
(d) The name of the boat dealer or boat engine dealer;
(e) The address of the purchaser;
(f) The telephone number of the purchaser;
(g) The telephone number of the State Marine Board, so that the
purchaser is able to contact the board with questions about the
rebate program; and
(h) A place on the form where the person attests, and the boat
dealer or boat engine dealer affirms, that the two-stroke,
carbureted boat engine was removed from service and permanently
disabled by drilling quarter-inch holes through the head of the
engine into each cylinder.
(2) The rebate program established pursuant to section 2 of
this 2001 Act shall:
(a) Provide rebates to purchasers buying any boat engine that
meets or exceeds the federal Environmental Protection Agency
standards established for boat engines to be sold in 2006.
(b) Provide a variable rebate amount based on the horsepower of
the two-stroke, carbureted boat engine turned in at the time the
owner purchases a new boat engine, or on the horsepower of the
new boat engine, whichever is smaller.
(c) Be adjusted periodically by the board to achieve a goal of
balancing the Marine Engine Rebate and Education Fund.
(3) When the number of registered boats that are powered by
two-stroke, carbureted boat engines falls below five percent of
the total number of boats registered in this state, the board
shall recommend to the Legislative Assembly that the programs
established under section 2 of this 2001 Act be terminated. + }
SECTION 4. { + (1) The Clean Water Refund program established
pursuant to section 2 of this 2001 Act may allow the State Marine
Board to provide for various rewards for boat engine owners
including, but not limited to, a refund of a portion of fees paid
for certificates of number or registrations or the issuance of
gift certificates or coupons.
(2) In implementing the program, the board:
(a) Shall establish and make available to the public, in
printed form and electronic form on the World Wide Web, a list of
boat engines that meet or exceed the federal Environmental
Protection Agency standards established for boat engines to be
sold in 2006.
(b) May provide a place on certificate of number or
registration renewal notices where a person may request an
application form for the Clean Water Refund program.
(c) Shall develop an application form for the refund or other
reward that includes the make, model and production year of the
qualifying engine.
(d) Shall, after verifying that the boat engine qualifies for a
refund or other reward under this section, refund 10 percent of
the fee for a certificate of number or registration or an
equivalent amount through gift certificates or coupons to the
applicant. + }
SECTION 5. Section 4 of this 2001 Act is amended to read:
{ + Sec. 4. + } (1) The Clean Water Refund program
established pursuant to section 2 of this 2001 Act may allow the
State Marine Board to provide for various rewards for boat engine
owners including, but not limited to, a refund of a portion of
fees paid for certificates of number or registrations or the
issuance of gift certificates or coupons.
(2) In implementing the program, the board:
(a) Shall establish and make available to the public, in
printed form and electronic form on the World Wide Web, a list of
boat engines that meet or exceed the federal Environmental
Protection Agency standards established for boat engines to be
sold in 2006.
(b) May provide a place on certificate of number or
registration renewal notices where a person may request an
application form for the Clean Water Refund program.
(c) Shall develop an application form for the refund or other
reward that includes the make, model and production year of the
qualifying engine.
(d) Shall, after verifying that the boat engine qualifies for a
refund or other reward under this section, refund { - 10 - }
{ + 15 + } percent of the fee for a certificate of number or
registration or an equivalent amount through gift certificates or
coupons to the applicant.
SECTION 6. { + The amendments to section 4 of this 2001 Act by
section 5 of this 2001 Act become operative on January 2,
2006. + }
SECTION 7. { + (1) The Marine Engine Rebate and Education Fund
is created in the State Treasury, separate and distinct from the
General Fund. Earnings on the moneys in the Marine Engine Rebate
and Education Fund shall be credited to the fund. The moneys in
the Marine Engine Rebate and Education Fund are continuously
appropriated to the State Marine Board for the purposes specified
in this section.
(2) The moneys in the Marine Engine Rebate and Education Fund
may be used in the following amounts for the following purposes:
(a) 75 percent to fund the rebate and refund programs
established pursuant to section 2 of this 2001 Act.
(b) 25 percent to fund the other programs established by
section 2 of this 2001 Act and to pay for the costs of
administering the programs established in section 2 of this 2001
Act.
(3) The rebates and refunds provided under the programs
established by section 2 of this 2001 Act shall be paid by the
board out of the Marine Engine Rebate and Education Fund. The
board may adjust the rebate payments based on demand for the
rebate program and based on the moneys available for rebates. + }
SECTION 8. ORS 830.140 is amended to read:
830.140. (1) On or before the 10th day of each month, the State
Marine Board shall pay into the State Treasury all moneys
received by the board during the preceding calendar month. The
State Treasurer shall credit the moneys to the Boating Safety,
Law Enforcement and Facility Account in the General Fund, which
account hereby is created. The moneys in the account hereby are
continuously appropriated to the board for the purpose of paying
the expense of administering and enforcing the provisions of this
chapter. The board shall keep a record of all moneys received and
expended.
{ + (2) The board shall distribute a portion of the funds
available in the account attributable to fees for the original or
renewal certificates of number or registration issued under ORS
830.790 in the following manner:
(a) 13.33 percent shall be deposited into the Marine Engine
Rebate and Education Fund created by section 7 of this 2001 Act.
(b) A minimum of 10 percent shall be used for the purpose of
marine law enforcement as specified in this section.
(c) A minimum of 10 percent shall be used for facilities as
described in ORS 830.150. + }
{ - (2) - } { + (3) + } After paying the necessary expenses
incurred by the board in administering this chapter { + and
distributing the portions specified in subsection (2) of this
section + }, the funds available in the account shall be
distributed, in the amounts required, for the purpose of
enforcing the provisions of this chapter and the regulations
adopted pursuant thereto.
{ + (4) + } The board shall determine the amount required for
enforcement in each county, considering the survey conducted
under ORS 830.115. The funds available shall be apportioned
according to the amounts required and distributed, for
enforcement in each county where there is a need, under a
contract entered into with a city, with the Department of State
Police or with the sheriff of the county. A contract with a city
or a sheriff shall be entered into only with the approval of the
governing body of the city or county. The board shall determine
the intervals at which the moneys shall be distributed.
{ - (3) - } { + (5) + } The governing body of any county
having within its boundaries a city providing recreational
boating facilities including launching ramps, may contract with
the city for the purpose of enforcing the provisions of this
chapter and the rules and regulations made pursuant thereto.
{ - (4) - } { + (6) + } If the city enters into a contract
with the board or with a county, the county is relieved of its
enforcement responsibilities within the city as agreed to by the
county and the city or by the board and the city.
SECTION 9. ORS 830.140, as amended by section 8 of this 2001
Act, is amended to read:
830.140. (1) On or before the 10th day of each month, the State
Marine Board shall pay into the State Treasury all moneys
received by the board during the preceding calendar month. The
State Treasurer shall credit the moneys to the Boating Safety,
Law Enforcement and Facility Account in the General Fund, which
account hereby is created. The moneys in the account hereby are
continuously appropriated to the board for the purpose of paying
the expense of administering and enforcing the provisions of this
chapter. The board shall keep a record of all moneys received and
expended.
(2) The board shall distribute a portion of the funds available
in the account attributable to fees for the original or renewal
certificates of number or registration issued under ORS 830.790
in the following manner:
(a) { - 13.33 - } { + 20 + } percent shall be deposited
into the Marine Engine Rebate and Education Fund created by
section 7 of this 2001 Act.
(b) A minimum of { - 10 - } { + 15 + } percent shall be
used for the purpose of marine law enforcement as specified in
this section.
(c) A minimum of { - 10 - } { + 15 + } percent shall be
used for facilities as described in ORS 830.150.
(3) After paying the necessary expenses incurred by the board
in administering this chapter and distributing the portions
specified in subsection (2) of this section, the funds available
in the account shall be distributed, in the amounts required, for
the purpose of enforcing the provisions of this chapter and the
regulations adopted pursuant thereto.
(4) The board shall determine the amount required for
enforcement in each county, considering the survey conducted
under ORS 830.115. The funds available shall be apportioned
according to the amounts required and distributed, for
enforcement in each county where there is a need, under a
contract entered into with a city, with the Department of State
Police or with the sheriff of the county. A contract with a city
or a sheriff shall be entered into only with the approval of the
governing body of the city or county. The board shall determine
the intervals at which the moneys shall be distributed.
(5) The governing body of any county having within its
boundaries a city providing recreational boating facilities
including launching ramps, may contract with the city for the
purpose of enforcing the provisions of this chapter and the rules
and regulations made pursuant thereto.
(6) If the city enters into a contract with the board or with a
county, the county is relieved of its enforcement
responsibilities within the city as agreed to by the county and
the city or by the board and the city.
SECTION 10. { + The amendments to ORS 830.140 by section 9 of
this 2001 Act become operative on January 2, 2006. + }
SECTION 11. ORS 830.790 is amended to read:
830.790. (1) The biennial fee for the original or renewal
certificate of number or registration shall be for:
(a) Motorboats less than 12 feet in length and less than 30
horsepower, { - $15 - } { + $23 + }.
(b) Motorboats less than 12 feet in length and 30 or more
horsepower, { - $25 - } { + $38 + }.
(c) Motorboats and sailboats 12 feet in length or more but less
than 16 feet, { - $21 - } { + $32 + }.
(d) Motorboats and sailboats 16 feet in length or more but less
than 20 feet, { - $25 - } { + $38 + }.
(e) Motorboats and sailboats 20 feet or more in length,
{ - $30 - } { + $40 + }, plus { - $2 - } { + $3 + } for
each foot or part of a foot in excess of 20 feet in length.
(f) Boats that are assessed by the Department of Revenue under
ORS 308.505 to 308.665, { - $6 - } { + $9 + }.
(g) Amphibious vehicles that are licensed by the Department of
Transportation, { - $6 - } { + $9 + }.
(h) Boats owned by eleemosynary organizations which are
operated primarily as a part of organized activities for the
purpose of teaching youths scoutcraft, camping, seamanship,
self-reliance, patriotism, courage and kindred virtues, no fee
required.
(2) Except for the { - licenses - } { + assessments + }
referred to in subsection (1)(f) of this section, the fees
provided by this section are in lieu of any other tax or license
fee.
(3) The operator of a boat livery holding five or more boats
ready for hire may pay a biennial certificate of number fee of
$55 plus { - $6 - } { + $9 + } for each boat instead of the
fee otherwise provided in this section.
SECTION 12. ORS 830.790, as amended by section 11 of this 2001
Act, is amended to read:
830.790. (1) The biennial fee for the original or renewal
certificate of number or registration shall be for:
(a) Motorboats less than 12 feet in length and less than 30
horsepower, { - $23 - } { + $30 + }.
(b) Motorboats less than 12 feet in length and 30 or more
horsepower, { - $38 - } { + $50 + }.
(c) Motorboats and sailboats 12 feet in length or more but less
than 16 feet, { - $32 - } { + $42 + }.
(d) Motorboats and sailboats 16 feet in length or more but less
than 20 feet, { - $38 - } { + $50 + }.
(e) Motorboats and sailboats 20 feet or more in length,
{ - $40 - } { + $50 + }, plus { - $3 - } { + $4 + } for
each foot or part of a foot in excess of 20 feet in length.
(f) Boats that are assessed by the Department of Revenue under
ORS 308.505 to 308.665, { - $9 - } { + $12 + }.
(g) Amphibious vehicles that are licensed by the Department of
Transportation, { - $9 - } { + $12 + }.
(h) Boats owned by eleemosynary organizations which are
operated primarily as a part of organized activities for the
purpose of teaching youths scoutcraft, camping, seamanship,
self-reliance, patriotism, courage and kindred virtues, no fee
required.
(2) Except for the assessments referred to in subsection (1)(f)
of this section, the fees provided by this section are in lieu of
any other tax or license fee.
(3) The operator of a boat livery holding five or more boats
ready for hire may pay a biennial certificate of number fee of
$55 plus { - $9 - } { + $12 + } for each boat instead of the
fee otherwise provided in this section.
SECTION 13. { + The amendments to ORS 830.790 by section 12 of
this 2001 Act become operative on January 2, 2006. + }
SECTION 14. ORS 830.150 is amended to read:
830.150. (1) Amounts remaining in the Boating Safety, Law
Enforcement and Facility Account in excess of funds obligated
under ORS 830.140 (2) { + to (4) + } shall be distributed, upon
application, to the state, a city, county, water improvement
district, park and recreation district or a port. Distribution
shall be made on the basis of need for a facility as that need
appears to the State Marine Board.
(2)(a) In distributing funds under subsection (1) of this
section, the board shall give first priority to applications for
facilities designed to control water pollution or otherwise
enhance water quality, including but not limited to pumping
stations for recreational boat holding tanks, and to those other
facilities for which there appears the greatest public need.
(b) Subject to paragraph (a) of this subsection, the board may
distribute funds for:
(A) Construction and maintenance of boating facilities, for the
acquisition of property therefor, and other related facilities
such as parking, potable water, sanitation and other facilities
for the convenience of the public using the boating facilities;
and
(B) Removal of derelict structures floating upon and abandoned
dock or boat mooring facilities situated in, upon or over the
waters of this state if such structures or facilities constitute
a hazard to boating upon such waters.
(3) Prior to making any distribution of funds under this
section, the board shall hold a public hearing in the area where
a facility is to be constructed or land acquired if in the
judgment of the board, use of the facility would stimulate
significant change in the character of the recreational use of
the waters.
(4) The board shall make no distribution of funds under this
section for construction or acquisition if in the judgment of the
board the applicant has not included in the construction or
acquisition plans adequate provision for protecting the quality
of the waters affected by the plans. The board's denial of any
application under this subsection must include specific notice to
the applicant of the point or points of the plan that are found
by the board to be inadequate.
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