72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to C A-Eng. SB 190 (A to RC)
 
LC 775/SB 190-A6
 
                       HOUSE AMENDMENTS TO
              CORRECTED A-ENGROSSED SENATE BILL 190
           (INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
 
            By COMMITTEE ON RULES AND PUBLIC AFFAIRS
 
                             July 10
 
  On page 1 of the printed corrected A-engrossed bill, line 2,
after 'ORS' delete the rest of the line and insert '776.115 and
776.129;'.
  In line 3, delete '849, Oregon Laws 1999;'.
  Delete lines 5 through 25 and insert:
  '  { +  SECTION 1. + } ORS 776.115 is amended to read:
  ' 776.115. The Oregon Board of Maritime Pilots shall:
  ' (1) Fix the manner of calling and fixing the places of
meetings; provided that at least one meeting shall be held each
calendar year.
  ' (2) Provide for efficient and competent pilotage service on
all pilotage grounds, and regulate and limit the number of
licensees and trainees under this chapter, such number of
licensees and trainees to be regulated and limited to the number
found by the board to be required to render efficient and
competent pilotage service. The primary consideration of the
board is public safety. If a proposed rule would result in the
significant limitation of competition among licensees or pilot
organizations that exist in this state on January 1, 1991, the
board shall first make a determination that the proposed rule is
essential to protect the safety of the public.
  ' (3) Establish and fix the boundaries of pilotage grounds not
described in ORS 776.025.
  ' (4) In accordance with the applicable provisions of ORS
183.310 to 183.550, establish by rule a licensing system for
persons licensed to pilot, for persons licensed as trainees and
for pilot organizations who train persons to pilot, including but
not limited to provisions prescribing:
  ' (a) The form and content of and the times and procedures for
submitting an application for license issuance and renewal.  The
pendency of an investigation shall not affect the renewal
process.
  ' (b) The term of license and the annual fee, not to exceed
$1,500.
  ' (c) The requirements for and the manner of testing competency
of license applicants.
  ' (d) Those actions or circumstances that constitute failure to
achieve or maintain competency or that otherwise constitute a
danger to public health and safety and for which the board may
refuse to issue or renew a license, may suspend or revoke a
license or may reprimand a licensee.
  ' (e) Classes of licenses that specify the size of vessels the
licensee is authorized to be trained to pilot or to pilot on
those river pilotage grounds for which the trainee or pilot is
licensed.
  ' (5)(a) Fix, at reasonable and just rates, pilotage fees,
extra fees for vessels in distress, fees for extraordinary
pilotage services, fees for a licensee or trainee being carried
to sea unwillingly and reimbursement for the return to station or
for the detention of a licensee or trainee; except that pilotage
fees shall not be less inbound or outbound on vessels, propelled
in whole or in part by their own power, than the following:
  ' (A) Between Astoria and Portland or Vancouver, $2.50 per foot
draft and 2 cents per net ton;
  ' (B) Between Astoria or Knappton and the sea, $3 per foot
draft and 2 cents per net ton;
  ' (C) Between Yaquina Bay and the sea, $3 per foot draft and 2
cents per ton; and
  ' (D) Between Coos Bay and the sea, $2.50 per foot draft and 2
cents per ton.
  ' (b) In fixing fees pursuant to paragraph (a) of this
subsection, the board shall give due regard to the following
factors:
  ' (A) The length and net tonnage of the vessels to be piloted.
  ' (B) The difficulty and inconvenience of the particular
service and the skill required to render it.
  ' (C) The supply of and demand for pilotage services.
  ' (D) The public interest in maintaining efficient, economical
and reliable pilotage service.
  ' (E) Other factors relevant to the determination of reasonable
and just rates.
  ' (6) Conduct or authorize the holding of hearings. In so doing
the board or the hearings officer may subpoena witnesses,
administer oaths, take depositions, fix the fees and mileage of
witnesses and compel the attendance of witnesses and the
production of papers, books, accounts, documents and testimony.
  ' (7) Adopt any rule or make any order, as set forth in ORS
183.310 to 183.550, for the effective administration and
enforcement of this chapter.
  ' (8) Establish rates pursuant to subsection (5) of this
section { + , + } for a period of not less than two years, that
continue in effect until a subsequent hearing process. Rates may
include automatic adjustment provisions to reflect changing
economic conditions.   { - All rates, and adjustments thereto,
shall become effective on the same date specified by the board
for all pilotage grounds. - }
  '  { +  SECTION 2. + } ORS 776.129, as amended by section 179,
chapter 849, Oregon Laws 1999, and section 63, chapter 75, Oregon
Laws 2003 (Enrolled House Bill 2526), 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 an administrative law judge
assigned from the Office of Administrative Hearings 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 administrative law judges assigned by
the commission to conduct the rate proceeding + }.   { - The
administrative law judge - }  { +  Notwithstanding ORS 183.410,
183.415, 183.425, 183.440, 183.450, 183.460, 183.470 and 183.480,
an administrative law judge + } 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 administrative law judge
shall be submitted to the board for its adoption, remand or
rejection. - }  The administrative law judge 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. + }
' .
  On page 2, delete lines 1 through 5.
  In line 6, delete '4' and insert '3'.
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