73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2398
Senate Bill 579
Sponsored by Senator PROZANSKI (at the request of the family of
Chapin Clark)
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.
Requires outfitters and guides to equip boats with throw bags.
Requires outfitters and guides to require use of personal
flotation devices on class III or higher rapids. Imposes civil
penalty for noncompliance.
Requires certification in white-water rescue techniques as part
of registration as outfitter and guide if boats are used to carry
passengers on class III or higher rapids.
A BILL FOR AN ACT
Relating to persons required to register with the State Marine
Board; creating new provisions; and amending ORS 704.020,
704.030, 704.900 and 704.990.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 704.020 is amended to read:
704.020. (1) Any person who acts, or who offers to act, as an
outfitter and guide must first register with the State Marine
Board. Each registration shall be submitted annually on a form
provided by the board and shall include the following
information:
(a) The name, residence address, and residence telephone number
of the person providing outfitting and guiding services, and all
business names, addresses and telephone numbers under which
outfitting and guiding services are provided.
(b) If the outfitting and guiding services are to be performed
in the business name of an individual, proof of possession of a
current certificate issued to the individual:
(A) By the American Red Cross upon completion of its multimedia
course; or
(B) Upon completion of any equivalent medical or American Red
Cross training course approved by the board.
(c) If the outfitting and guiding services are to be performed
in the business name of a person other than an individual, the
outfitter and guide must provide the names of all employees,
agents and parties in interest who physically provide, or who
directly assist in physically providing, outfitting and guiding
services in Oregon, together with the affidavit of the outfitter
and guide that each such employee, agent or party in interest
possesses:
(A) A current certificate issued to the employee, agent or
party in interest:
(i) By the American Red Cross upon completion of its multimedia
course; or
(ii) Upon completion of any equivalent medical or American Red
Cross training course approved by the board.
(B) A valid United States Coast Guard vessel operator license
if operating a motorboat on navigable waters of the United
States.
(d) A description of:
(A) The outfitting and guiding services, and any equipment,
supplies, livestock and materials provided by the outfitter and
guide;
(B) The geographic area in which the outfitter and guide
provides the outfitting and guiding services, and any equipment,
supplies, livestock and materials; and
(C) The experience of the outfitter and guide in providing the
outfitting and guiding services, and equipment, supplies,
livestock and materials.
(e) Proof that the outfitter and guide has liability insurance
covering occurrences by the outfitter and guide, and the
employees of the outfitter and guide, which result in bodily
injury or property damage. Such insurance shall be not less than
$300,000 combined single limit per occurrence general liability
coverage.
(f) Certification by the outfitter and guide that the outfitter
and guide will maintain the insurance required by paragraph (e)
of this subsection continuously in full force and effect for a
period of not less than one year from the date the certificate of
registration described in this section is issued by the board.
(g) The affidavit of the outfitter and guide stating that for a
period of not less than 24 months immediately prior to making the
registration application the outfitter and guide and each person
who provides or assists in directly providing outfitting and
guiding services:
(A) Have not been convicted of:
(i) Any criminal offense or violation under this chapter or ORS
chapter 477, 496, 497, 498, 501, 506, 508, 509 or 511 or any rule
adopted pursuant thereto; or
(ii) Any violation of the wildlife laws which occurred while
acting as an outfitter and guide and which resulted in court
ordered revocation of the hunting or fishing license of the
outfitter and guide;
(B) Have not had an outfitting and guiding license, permit or
certificate revoked, suspended or canceled by another state or by
an agency of the government of the United States;
(C) Have not been denied the right to apply for an outfitting
and guiding license, permit or certificate by another state or by
an agency of the government of the United States; and
(D) Have not been convicted of guiding without registration as
required by this subsection.
{ - (2)(a) - } { + (2) + } In addition to the requirements
of subsection (1) of this section, a person who acts or offers to
act as an outfitter and guide using boats { + that are under the
direct operation of an outfitter and guide or an employee of an
outfitter and guide + } to carry passengers on the waters of this
state { + shall submit proof + }:
{ - (A) - } { + (a) + } { - Shall submit proof - } That
the outfitter and guide possesses a valid United States Coast
Guard vessel operator license if operating a motorboat on
navigable waters of the United States;
{ - (B) - } { + (b) + } { - Shall submit proof - } Of
liability insurance; and
{ - (C) Shall affix to each boat used in providing outfitter
and guide services an identifying decal issued by the board or
other governmental agency, subject to rules of the board, showing
the year, the passenger carrying capacity and such other
information as the board may prescribe. - }
{ - (b) The registration and boat decals for each outfitter
and guide who uses a boat to carry passengers on the waters of
this state expire on December 31 of each calendar year. - }
{ - (c) The requirements of this subsection apply only to
boats under direct operation by an outfitter and guide or an
employee of an outfitter and guide. - }
{ + (c) If the outfitter and guide operates on any section of
waters rated as class III or higher on a commonly accepted scale
of river difficulty, that the outfitter and guide possesses a
valid certification in white water rescue techniques that meets a
standard for white-water rescue technicians adopted by the
board. + }
(3)(a) A person who registers as an outfitter and guide and who
accepts deposits from clients in excess of $100 per person shall
submit a bond or other financial security in the amount of $5,000
to the board at the time of registration. The bond or other
financial security shall be held by the board for the benefit of
clients of the outfitter and guide who pay a money deposit to the
outfitter and guide in anticipation of services to be received.
The bond or other financial security amount shall be released to
such client or clients conditioned upon a failure of the
outfitter and guide to return the deposit following cancellation
of services or other failure to provide agreed upon services.
(b) The board shall release or retain all or any portion of a
bond or other financial security as described in paragraph (a) of
this subsection according to the provisions of ORS chapter 183.
(4) Each annual registration shall be accompanied by a fee as
follows:
(a) For resident persons, $50.
(b) For nonresident persons who reside in a state that requires
residents of the State of Oregon to pay a license fee,
registration fee or other fee or charge in excess of $50 to act
as an outfitter and guide in that state, the same fee or other
charge as is charged the residents of the State of Oregon to act
as an outfitter and guide in the state where the nonresident
applicant resides. If the state in which such a nonresident
applicant resides makes distinctions in fees or charges based on
the type of outfitter and guide service performed and requires
residents of the State of Oregon to pay fees or charges
accordingly, the board shall make and apply those same
distinctions and require the nonresident applicants to pay the
corresponding fees or charges.
(c) For nonresident persons other than those referred to in
paragraph (b) of this subsection, $50.
(5) Upon the submission to the board of the appropriate fees
prescribed in this section and the registration information
required by this section, the board shall issue to the applicant
{ - an Oregon Outfitter and Guide - } { + a + } certificate
of registration. The board shall also issue to each registrant
proof of compliance with the requirements of this section { - ,
which the registrant must have in possession and submit for
examination by any person authorized to enforce this chapter
while the registrant is engaged in providing outfitting and
guiding services - } .
(6) { + A person who conducts + } sightseeing flights
{ - and - } { + or + } other aircraft operations { - are - }
{ + is + } exempt from the provisions of this section unless the
activities { + conducted by the person + } are outdoor
recreational activities as defined in ORS 704.010.
(7) The board shall issue an identifying decal { + to
outfitters and guides registering under this section + } that may
be displayed on vehicles, pack equipment or other suitable
locations where customers can see the registration decal { - to
outfitters and guides that do not use boats in their activities
regulated under this chapter - } .
{ + (8) A certificate of registration issued to an outfitter
and guide under this section expires on December 31 of each
calendar year. + }
SECTION 2. { + Section 3 of this 2005 Act is added to and made
a part of ORS chapter 704. + }
SECTION 3. { + (1) A person who acts or offers to act as an
outfitter and guide using boats to carry passengers on the waters
of this state shall affix to each boat used in providing
outfitter and guide services an identifying decal issued by the
State Marine Board or other governmental agency, subject to rules
of the board, showing the year of issuance, the
passenger-carrying capacity of the boat and such other
information as the board may prescribe.
(2) The boat decals for each outfitter and guide who uses a
boat to carry passengers on the waters of this state expire on
December 31 of each calendar year. + }
SECTION 4. { + Section 5 of this 2005 Act is added to and made
a part of ORS chapter 704. + }
SECTION 5. { + An outfitter and guide who registers pursuant
to ORS 704.020 shall, while the outfitter and guide is engaged in
providing outfitting and guide services, hold proof of compliance
with the requirements of ORS 704.020 and allow the examination of
that proof of compliance by any person authorized to enforce this
chapter. + }
SECTION 6. { + Section 7 of this 2005 Act is added to and made
a part of ORS chapter 704. + }
SECTION 7. { + A person who acts or offers to act as an
outfitter and guide using boats to carry passengers on the waters
of this state shall:
(1) Equip each boat with a rescue throw bag, complete with a
length of artificial fiber rope and a buoyant bag; and
(2) Require all passengers to wear a properly secured type III
or type V United States Coast Guard approved personal flotation
device on any section of waters rated as class III or higher on a
commonly accepted scale of river difficulty. + }
SECTION 8. ORS 704.030 is amended to read:
704.030. (1) No person shall make any false statement of
material fact submitted pursuant to ORS 704.020.
(2) No outfitter and guide who uses a boat to carry passengers
on the waters of this state shall carry passengers in excess of
the passenger capacity for which insurance is obtained pursuant
to ORS 704.020.
(3) No outfitter or guide shall use a boat to carry passengers
on navigable waters of the United States without { - the - }
{ + a + } license { - and - } { + , registration or + } decal
required by ORS 704.020
{ - (2) - } { + and section 3 of this 2005 Act + }.
SECTION 9. ORS 704.900 is amended to read:
704.900. (1) In addition to any other penalty provided by law,
the State Marine Board may impose a civil penalty for failure to
comply with ORS 704.020 { + or section 3, 5 or 7 of this 2005
Act + } or for violation of ORS 704.030.
(2) Any civil penalty under this section shall be imposed in
the manner provided by ORS 183.745.
(3) Notwithstanding ORS 183.745, the person to whom the notice
is addressed shall have 30 days from the date of service of the
notice in which to make written application for a hearing before
the board.
(4) The board shall adopt rules implementing these provisions,
including a schedule of civil penalties. The civil penalty for
each violation shall not exceed $500.
(5) A civil penalty imposed under this section may be remitted
or reduced upon such terms and conditions as the board considers
proper and consistent with the public health and safety.
(6)(a) In imposing a penalty pursuant to the schedule adopted
pursuant to this section, the board shall consider the following
factors:
(A) Any prior violations of ORS 704.020 or 704.030 { + or
section 3, 5 or 7 of this 2005 Act + }.
(B) The immediacy and extent to which the violation threatens
the public health or safety.
(b) The penalty imposed under this section may be remitted or
mitigated upon such terms and conditions as the board determines
to be proper and consistent with the public benefit. Upon the
request of the person incurring the penalty, the board shall
consider evidence of the economic and financial conditions of the
person in determining whether a penalty shall be remitted or
mitigated.
(7) All penalties recovered under this section shall be paid
into the State Treasury and credited to the Outfitters and Guides
Account.
SECTION 10. ORS 704.990 is amended to read:
704.990. (1) Failure to comply with ORS 704.020 { + or section
3 or 5 of this 2005 Act + } is a Class B misdemeanor.
(2) Violation of ORS 704.030 is a Class B misdemeanor.
SECTION 11. { + Sections 2 to 7 of this 2005 Act and the
amendments to ORS 704.020 by section 1 of this 2005 Act apply to
persons applying to the State Marine Board for registration or
renewal of a registration as an outfitter and guide on or after
the effective date of this 2005 Act. + }
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