Chapter 455 Oregon Laws 2003

AN ACT

HB 2247

Relating to boating; amending ORS 830.775, 830.790, 830.810 and 830.820; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. 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:] is:

[(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.]

(a) $3 per foot, or portion thereof, for all sailboats 12 feet in length or more and for all motorboats.

[(f)] (b) $6, for boats that are assessed by the Department of Revenue under ORS 308.505 to 308.665[, $6].

[(g)] (c) $6, for amphibious vehicles that are licensed by the Department of Transportation[, $6].

[(h)] (2) Notwithstanding subsection (1) of this section, no fee is required for 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)] (3) Except for the [licenses] assessment referred to in subsection [(1)(f)] (1)(b) of this section, the fees provided by this section are in lieu of any other tax or license fee.

[(3)] (4) 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 2. ORS 830.810 is amended to read:

830.810. (1) Except as otherwise provided in this subsection, [no person shall] a person may not operate a boat for which an identifying number is required under ORS 830.705, 830.710, 830.770, 830.780 to 830.805 and 830.830 to 830.870, unless the owner has secured from the State Marine Board a certificate of title for the boat. This subsection does not apply to operation of:

(a) Amphibious vehicles that have a valid title issued by the Department of Transportation.

(b) A boat for which an identifying number issued under ORS 830.830 is required.

(2) A certificate of title is prima facie evidence of the ownership of a boat or a security interest therein. A certificate of title is good for the life of the boat so long as the certificate is owned or held by the legal holder of the certificate.

[(3) The board shall establish, by rule, the fee for title issuance, duplication of title, duplication of certificate of number or registration and duplication of validation stickers. In no event shall any particular fee exceed $7.]

(3) The board may assess the following application fees:

(a) Original title or title transfer, $30.

(b) Duplicate title, $15.

(c) Duplicate certificate of number or registration, $10.

(d) Duplicate validation stickers, $10.

(4) The board [also] shall establish, by rule, penalty fees for late application for certificates required by this section or ORS 830.710. [In no event shall] A penalty fee may not exceed $50.

(5) Rules adopted pursuant to this section shall be in accordance with the provisions of ORS 183.310 to 183.550.

SECTION 3. ORS 830.820 is amended to read:

830.820. The State Marine Board may issue a duplicate certificate of number or registration, or title, or a duplicate set of validation stickers upon application by the person entitled to hold a certificate or to be in possession of the validation stickers if the board is satisfied that the original certificate or validation stickers have been lost, destroyed or mutilated. [The board shall charge a fee, as adopted by rule, for issuing a duplicate certificate or a duplicate set of validation stickers.]

SECTION 4. ORS 830.775 is amended to read:

830.775. (1) Notwithstanding the provisions of ORS 830.705, 830.710, 830.770, 830.780 to 830.805 and 830.830 to 830.870, no person shall operate a boat which is not used for commercial purposes and has a valid marine document issued by the United States Coast Guard or any federal agency which succeeds to the duty of issuing marine documents unless:

(a) The owner holds a certificate of registration issued in the name of the owner as owner.

(b) The certificate is carried on the boat.

(2) The State Marine Board shall issue a certificate of registration and a decal that recites its issuance by the board as prescribed by ORS 830.790 [(1) to (3)].

SECTION 5. This 2003 Act takes effect on November 1, 2003.

Approved by the Governor June 24, 2003

Filed in the office of Secretary of State June 24, 2003

Effective date November 1, 2003

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