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
 
                         House Bill 3854
 
Sponsored by Representatives MERKLEY, WITT
 
 
                             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 as
introduced.
 
  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.
 
                        A BILL FOR AN ACT
Relating to boat engines; creating new provisions; amending ORS
  830.140, 830.790 and 830.990; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 5 of this 2001 Act are added to
and made a part of ORS chapter 830. + }
  SECTION 2.  { + (1) In addition to the fees collected under ORS
830.790, the State Marine Board shall levy a biennial surcharge
for any boat equipped with a two-stroke, carbureted boat engine.
The surcharge is in the following amount:
  (a) $10 for an engine with less than 10 horsepower.
  (b) $25 for an engine with 10 to 49 horsepower.
  (c) $50 for an engine with 50 or more horsepower.
  (2) Upon payment of the surcharge, the board shall issue two
decals to each person paying the surcharge. A person may not
operate a boat with a two-stroke, carbureted boat engine without
affixing the issued decals to an easily visible location on both
sides of the engine or next to the state registration number on a
personal watercraft.
  (3) The board shall develop, by rule:
  (a) An educational program, in conjunction with the Department
of Environmental Quality, that includes the environmental
consequences of operating two-stroke, carbureted boat engines and
the distribution of informational materials that describe how to
identify two-stroke, carbureted boat engines to law enforcement
personnel; and
  (b) A program to encourage the replacement of two-stroke,
carbureted boat engines for the purpose of removing such engines
from service.
  (4) 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 this section be terminated. + }
  SECTION 3. Section 2 of this 2001 Act is amended to read:
   { +  Sec. 2. + } (1) In addition to the fees collected under
ORS 830.790, the State Marine Board shall levy a biennial
surcharge for any boat equipped with a two-stroke, carbureted
boat engine.  The surcharge is in the following amount:
    { - (a) $10 for an engine with less than 10 horsepower. - }
    { - (b) $25 for an engine with 10 to 49 horsepower. - }
    { - (c) $50 for an engine with 50 or more horsepower. - }
 { +
  (a) $50 for an engine with less than 50 horsepower.
  (b) $100 for an engine with 50 or more horsepower. + }
  (2) Upon payment of the surcharge, the board shall issue two
decals to each person paying the surcharge. A person may not
operate a boat with a two-stroke, carbureted boat engine without
affixing the issued decals to an easily visible location on both
sides of the engine or next to the state registration number on a
personal watercraft.
  (3) The board shall develop, by rule:
  (a) An educational program, in conjunction with the Department
of Environmental Quality, that includes the environmental
consequences of operating two-stroke, carbureted boat engines and
the distribution of informational materials that describe how to
identify two-stroke, carbureted boat engines to law enforcement
personnel; and
  (b) A program to encourage the replacement of two-stroke,
carbureted boat engines for the purpose of removing such engines
from service.
  (4) 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 this section be terminated.
  SECTION 4.  { + The amendments to section 2 of this 2001 Act by
section 3 of this 2001 Act take effect January 2, 2010. + }
  SECTION 5.  { + (1) The State Marine Board shall establish 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 all new boat engines purchased if a person
removes a two-stroke, carbureted boat engine from service.
  (2) The program shall include a standard form for the rebate,
provided by boat engine dealers, that includes the following
information:
  (a) Identification, serial number and horsepower of the engine
being removed from service;
  (b) Identification, serial number and horsepower of the engine
being purchased, if any;
  (c) The name of the purchaser;
  (d) The name of the boat engine dealer;
  (e) Address of the purchaser;
  (f) Telephone number of the purchaser;
  (g) 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
engine dealer affirms, that the two-stroke, carbureted boat
engine was removed from service and permanently disabled by
drilling one-fourth inch holes through the head of the engine
into each cylinder.
  (3) The rebate provided to the purchaser shall be paid by the
board out of the Boating Safety, Law Enforcement and Facility
Account in the following amounts:
  (a) $50 for an engine with less than 10 horsepower.
 
  (b) $125 for an engine with 10 or more horsepower but less than
50 horsepower.
  (c) $250 for an engine with 50 or more horsepower. + }
  SECTION 6. 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 { + , including the rebate program established under
section 5 of this 2001 Act + }. The board shall keep a record of
all moneys received and expended.
  (2) After paying the necessary expenses incurred by the board
in administering this chapter, 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. 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) 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) 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 7. 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.
  (b) Motorboats less than 12 feet in length and 30 or more
horsepower, $25.
  (c) Motorboats and sailboats 12 feet in length or more but less
than 16 feet, $21.
  (d) Motorboats and sailboats 16 feet in length or more but less
than 20 feet, $25.
  (e) Motorboats and sailboats 20 feet or more in length, $30,
plus $2 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.
  (g) Amphibious vehicles that are licensed by the Department of
Transportation, $6.
  (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 { +  and the
surcharges under section 2 of this 2001 Act + }, 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 for each boat instead of the fee otherwise provided
in this section.
  SECTION 8. ORS 830.990 is amended to read:
  830.990. (1) A person who violates one of the following
provisions of this chapter commits a Class D violation: ORS
830.088, 830.090, 830.092 and 830.094.
  (2) A person who violates one of the following provisions of
this chapter, or any rule adopted by the State Marine Board
pursuant to those provisions, commits a Class B violation: ORS
830.050, 830.110, 830.175, 830.180, 830.185, 830.195, 830.210,
830.215, 830.220, 830.225, 830.230, 830.235, 830.240, 830.245,
830.250, 830.260, 830.300, 830.315 (2) and (3), 830.335, 830.340,
830.345, 830.350, 830.355, 830.360, 830.365, 830.370, 830.375,
830.410, 830.415, 830.420, 830.475 (4), 830.480, 830.495,
830.710, 830.720, 830.770, 830.775, 830.780, 830.785, 830.795,
830.805, 830.810, 830.825, 830.830, 830.850 and 830.855 { +  and
section 2 of this 2001 Act + }.
  (3) A person who violates one of the following provisions of
this chapter commits a Class A violation: ORS 830.305 and 830.390
and rules adopted thereunder.
  (4) A person who violates one of the following provisions of
this chapter commits a Class B misdemeanor: ORS 830.383 and
830.909.
  (5) A person who violates one of the following provisions of
this chapter commits a Class A misdemeanor: ORS 830.035 (2),
830.053, 830.315 (1), 830.325, 830.475 (1), 830.730 and 830.955
(1).
  (6) A person who violates ORS 830.475 (2) commits a Class C
felony.
                         ----------