Chapter 147 Oregon Laws 2007
AN ACT
HB 2071
Relating to fees assessed for boat permits; creating new provisions;
and amending ORS 830.110.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 830.110 is amended to read:
830.110. In addition to
the powers and duties otherwise provided in this chapter, the State Marine
Board shall have the power and duty to:
(1) Make all rules
necessary to carry out the provisions of this chapter. The rules shall be made
in accordance with ORS chapter 183.
(2) Devise a system of
identifying numbers for boats, floating homes and boathouses. If an agency of
the federal government has an overall system of identification numbering for
boats within the United States, the system devised by the board shall conform
with the federal system.
(3) Cooperate with state
and federal agencies to promote uniformity of the laws relating to boating and
their enforcement.
(4) Make contracts
necessary to carry out the provisions of ORS 830.060 to 830.145, 830.700 to
830.715, 830.725, 830.730, 830.770, 830.780, 830.785, 830.795 to 830.820 and
830.830 to 830.870.
(5) Advise and assist
county sheriffs and other peace officers in the enforcement of laws relating to
boating.
(6) Study, plan and
recommend the development of boating facilities throughout the state which will
promote the safety and pleasure of the public through boating.
(7) Publicize the
advantage of safe boating.
(8) Accept gifts and
grants of property and money to be used to further the purposes of this chapter.
(9) Exempt from any
provisions of this chapter any class of boats if it determines that the safety
of persons and property will not be materially promoted by the applicability of
those provisions to the class of boats[,
but]. The board [shall] may
not exempt from numbering any class of boats unless [it]:
(a) The board
determines that the numbering will not materially aid in their identification;
and [unless]
(b) The secretary
of the department of the federal government under which the United States Coast
Guard is operating has exempted from numbering the same boats or classes of
boats.
(10) Appoint and require
the bonding of agents to issue a temporary permit to operate a boat. [The agents may charge, in addition to the
prescribed fees, $1 per transaction for their services in issuing the temporary
permit.] In addition to the prescribed fees, the agents may charge the
following for their services in issuing the temporary permit:
(a) $2.50 per
transaction for calendar years 2008, 2009 and 2010;
(b) $3.75 per
transaction for calendar years 2011, 2012 and 2013; and
(c) Beginning in 2014,
and every three years thereafter, the board shall issue an order revising the
fee specified in paragraph (b) of this subsection on January 1, based on
changes in the Portland-Salem, OR-WA, Consumer Price Index for All Urban
Consumers for All Items, as published by the Bureau of Labor Statistics of the
United States Department of Labor. The board shall round the amount of the fee
to the nearest half-dollar. The revised fee takes effect on January 1 and
applies for the following three years.
(11) Publish and
distribute to the interested public the boating laws of this state and resumes
or explanations of those laws.
(12) Publish and
distribute forms for any application required under this chapter and require
the use of such forms.
(13) Make rules for the
uniform navigational marking of the waters of this state. Such rules shall not
conflict with markings prescribed by the United States Coast Guard. No
political subdivision or person shall mark the waters of this state in any
manner in conflict with the markings prescribed by the board.
(14) Make rules
regarding marine toilets and their use consistent with the prevention and
control of pollution of the waters of this state and not in conflict with the
rules of the Department of Human Services or the Environmental Quality
Commission.
(15) Institute
proceedings to enjoin unlawful obstructions injuring free navigation on the
waters of this state.
(16) Make rules
regulating water ski course markers, ski jumps and other special use devices
placed in the waters of this state. Such rules may regulate the installation
and use of the devices and may require a permit.
(17) Adopt rules
necessary to carry out and enforce the provisions of ORS 830.950 and 830.955.
The rules shall include but need not be limited to:
(a) The kinds of
protective covering or physical barriers that are acceptable to be used between
a submersible polystyrene device and the water.
(b) Guidelines for the
use of submersible polystyrene devices for the repair or maintenance of
existing docks or floats.
(18) Adopt rules
providing for establishment of a Safe Boating Education Course to be made
available to courts and law enforcement agencies within this state for use as a
sentencing option for those individuals convicted of boating offenses. The
board shall specify the content of the Safe Boating Education Course and shall
prescribe procedures for making the course available to local courts and law
enforcement agencies, including procedures for promptly notifying such courts
whether individuals required to enroll in the course have taken and
successfully passed the course. Such rules may provide for administration of
the course through nonprofit organizations, such as the United States Coast
Guard Auxiliary, United States Power Squadrons or similar groups.
(19) For purposes of ORS
830.175, 830.180, 830.185 and 830.195, in cooperation with the State Aviation
Board, regulate boats that are seaplanes as provided in ORS 830.605 and
835.200.
SECTION 2. The
amendments to ORS 830.110 by section 1 of this 2007 Act apply to permits issued
on or after the effective date of this 2007 Act.
Approved by the Governor May 22, 2007
Filed in the office of Secretary of State May 22, 2007
Effective date January 1, 2008
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