72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 775
                            Corrected
 
                           A-Engrossed
 
                         Senate Bill 190
                   Ordered by the Senate May 1
             Including Senate Amendments dated May 1
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Department of Transportation)
 
 
                             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.
 
  Authorizes Oregon Board of Maritime Pilots to  { + contract
with Public Utility Commission for hearing officers to conduct
rate proceedings. Allows board in final orders to + } assess
costs and expenses of hearings to establish pilotage fees to
parties to hearing.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to hearings to establish pilotage fees; amending ORS
  776.129; repealing section 180, chapter 849, Oregon Laws 1999;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 776.129 is amended to read:
  776.129.  { + (1) + } When the Oregon Board of Maritime Pilots
establishes rates described in ORS 776.115 (5), the   { - hearing
shall be conducted by a hearing officer assigned from the Hearing
Officer Panel established under section 3, chapter 849, Oregon
Laws 1999. - }   { + board shall contract with and compensate the
Public Utility Commission of Oregon for the use of hearing
officers assigned by the commission to conduct the rate
proceeding. + }   { - The - }   { + A + } hearing officer shall
 { - have the same authority as prescribed in ORS 776.115 (6) for
the - }  conduct   { - of - }  the proceeding { +  in compliance
with procedures adopted by the board by rule + }.   { - A
proposed order issued by the hearing officer shall be submitted
to the board for its adoption, remand or rejection. - }  The
hearing officer and the board may receive and consider
recommendations made by the Economic and Community Development
Department and the Port of Portland.
   { +  (2) The board may defray the costs and expenses of the
hearing by assessing, in its final order, all or a portion of the
costs and expenses of the hearing to a party to the hearing. + }
 
  SECTION 2. ORS 776.129, as amended by section 179, chapter 849,
Oregon Laws 1999, is amended to read:
  776.129.  { + (1) + } When the Oregon Board of Maritime Pilots
establishes rates described in ORS 776.115 (5), the board shall
contract with  { + and compensate + } the Public Utility
Commission of Oregon for the use of hearing officers
 { - employed - }   { + assigned + } by the commission to conduct
the rate proceeding.   { - The - }   { + A + } hearing officer
shall   { - have the same authority as prescribed in ORS 776.115
(6) for the - }  conduct   { - of - }  the proceeding { +  in
compliance with procedures adopted by the board by rule + }.
 { - A proposed order issued by the hearing officer shall be
submitted to the board for its adoption, remand or rejection. - }
The hearing officer and the board may receive and consider
recommendations made by the Economic and Community Development
Department and the Port of Portland.
   { +  (2) The board may defray the costs and expenses of the
hearing by assessing, in its final order, all or a portion of the
costs and expenses of the hearing to a party to the hearing. + }
  SECTION 3.  { + Section 180, chapter 849, Oregon Laws 1999, is
repealed. + }
  SECTION 4.  { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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