74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to HB 2072
 
LC 425/HB 2072-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2072
 
                 By COMMITTEE ON TRANSPORTATION
 
                           February 16
 
  On page 1 of the printed bill, line 3, delete 'and 830.435;
and' and insert ', 830.435 and 830.440;' and after '2005 ' insert
'; and declaring an emergency'.
  On page 3, after line 2, insert:
  '  { +  SECTION 3. + } ORS 830.440 is amended to read:
  ' 830.440. (1) An individual who desires to obtain an ocean
charter vessel license shall make written application therefor to
the State Marine Board. The application shall include such
information regarding the vessel and copies of such documents and
licenses regarding operation of the vessel as the board may
require. The application shall be accompanied by proof that the
applicant has protection against liability imposed by law
covering occurrences by the operator of the ocean charter vessel,
and the employees of the operator, for the payment of damages for
bodily injuries, including death resulting therefrom, in the
minimum amount of $300,000 per occurrence, at any time while
engaged in carrying passengers for hire. The applicant shall
certify that the vessel complies with the equipment requirements
established by the board under ORS 830.450.
  ' (2) The annual fee for an ocean charter vessel license is:
  ' (a) For vessels owned by residents of this state if the
vessel has license, title and number issued pursuant to ORS
chapter 830, $50.
  ' (b) For vessels owned by residents of this state if the
vessel has a valid marine document issued by an agency of the
federal government, $100.
  ' (c) For vessels owned by persons who reside in a state that
requires Oregon residents to pay a license fee to operate an
ocean charter vessel in the waters of that state, such fee as is
charged Oregon residents to operate an ocean charter vessel in
the state where the nonresident applicant resides.
  ' (d) For all vessels owned by nonresidents other than those
described in paragraph (c) of this subsection, $100.
  ' (3)(a) A person who applies for a license to operate an ocean
charter vessel and who accepts deposits from clients in excess of
$100 per person or whose agent accepts such deposits, shall
submit a bond or other financial security in the amount of $5,000
to the board at the time of application. The bond or other
financial security shall be held by the board for the benefit of
clients of the licensee who pay a money deposit to the licensee
or the licensee's agent 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 licensee or the licensee's agent 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) A license issued pursuant to this section is transferable
to a replacement vessel of the license holder and is transferable
to the purchaser of the vessel when the vessel is sold.
  '  { +  (5) For the purposes of reciprocity under ORS 704.025
and 830.435, the board may adopt rules to waive the annual fees
required under subsection (2)(a) and (b) of this section for a
person who possesses a current Oregon outfitter and guide
registration under ORS chapter 704 and operates in the waters of
the Columbia River downstream from the Lewis and Clark Bridge.
The board may specify conditions for the waiver of fees under
this subsection. + } ' .
  In line 3, delete '3' and insert '4'.
  After line 3, insert:
  '  { +  SECTION 5. + }  { + 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.'. + }
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