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
(Including Amendments to Resolve Conflicts)
B-Engrossed
Senate Bill 190
Ordered by the House July 10
Including Senate Amendments dated May 1 and House Amendments
dated
July 10
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 - }
{ + administrative law judges + } to conduct rate proceedings.
Allows board in final orders to assess costs and expenses of
hearings to establish pilotage fees to parties to hearing. { +
Allows board to implement rates or adjustments for different
pilotage grounds on different dates. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to hearings to establish pilotage fees; amending ORS
776.115 and 776.129; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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. + }
SECTION 3. { + 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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