Chapter 621
AN ACT
HB 2277
Relating to maritime pilot licensing fees;
creating new provisions; amending ORS 776.115; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 776.115 is amended to read:
776.115. The
(1) Fix the manner of
calling and fixing the places of meetings[; provided that at least one meeting shall
be held] and hold at least one meeting 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 chapter 183, 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 of
a pilot and the annual license fee, [not to exceed $1,500] subject to the maximum annual license fee
established pursuant to section 2 of this 2007 Act.
(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
(B) Between
(C) Between
(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 administrative law judge
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 chapter 183, 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.
SECTION 2. (1) The maximum annual license fee for a
maritime pilot is $2,500 for the biennium beginning July 1, 2007.
(2) The Oregon Board of
Maritime Pilots shall adjust the amount of the maximum annual license fee for a
maritime pilot for each subsequent biennium by a proportional amount equal to
the percentage change in the 24-month period prior to the beginning of the
biennium 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.
SECTION 3. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date June 26, 2007
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