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
 
                         Senate Bill 190
 
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 as
introduced.
 
  Authorizes Oregon Board of Maritime Pilots 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; creating new
  provisions; amending ORS 776.129; 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. When the Oregon Board of Maritime Pilots establishes
rates described in ORS 776.115 (5)  { - , - }  { + :
  (1)  + }The hearing   { - shall be - }   { + is + } conducted
by a hearing officer assigned from the Hearing Officer Panel
established under section 3, chapter 849, Oregon Laws 1999. The
hearing officer   { - shall have the same authority as - }
 { + has the authority + } prescribed in ORS 776.115 (6) for the
conduct of the proceeding. A proposed order issued by the hearing
officer   { - shall - }   { + must + } 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. When the Oregon Board of Maritime Pilots establishes
rates described in ORS 776.115 (5)  { - , - }  { + :
  (1) + } The board shall contract with the Public Utility
Commission of Oregon for the use of hearing officers employed by
the commission to conduct the rate proceeding. The hearing
officer
  { - shall have the same authority as - }   { + has the
authority + } prescribed in ORS 776.115 (6) for the conduct of
the proceeding. A proposed order issued by the hearing officer
 { - shall - }   { + must + } 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.  { + The amendments to ORS 776.129 by sections 1 and
2 of this 2003 Act apply to hearings conducted on or after
September 9, 1993, to establish rates described in ORS 776.115
(5). + }
  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. + }
                         ----------