74th OREGON LEGISLATIVE ASSEMBLY--2007 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 424
House Bill 2071
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for State Marine Board)
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.
Increases service charge that agents of State Marine Board may
impose for issuing temporary permit to operate boat.
A BILL FOR AN ACT
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 - } { + $2.50 + } per
transaction for their services in issuing the temporary permit.
(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. + }
----------