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 425
 
                           A-Engrossed
 
                         House Bill 2072
                Ordered by the House February 16
          Including House Amendments dated February 16
 
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.
 
  Repeals sunset on changes regarding reciprocity for ocean
charter vessel and outfitting and guiding licensees of other
states.
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to interstate reciprocity for persons regulated by the
  State Marine Board; amending ORS 704.025, 830.435 and 830.440;
  repealing section 5, chapter 115, Oregon Laws 2005; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 704.025, as amended by section 3, chapter 115,
Oregon Laws 2005, is amended to read:
  704.025. (1)   { - The fees required under ORS 704.020 do not
apply to outfitters and guides - }   { + The State Marine Board
may adopt rules that exempt persons  + }who provide outfitting
and guiding services on the Columbia River   { - and who possess
a valid license from the State of Washington as required under
this section.  Reciprocity is provided for outfitting and guiding
services on the Columbia River. The right of outfitters and
guides to conduct - }  { + from the registration and fee
requirements in ORS 704.020 if:
  (a) The person conducts  + }outfitting and guiding services on
the waters of the Columbia River where that river forms the
boundary line between the State of Oregon and the State of
Washington { + ;
  (b) + }   { - by the holder of a valid Oregon outfitter and
guide registration or - }   { + The person possesses + } a valid
Washington   { - guide - } license   { - in accordance with the
outfitting and guiding laws of each respective state is hereby
recognized and made lawful. - }  { + , permit or registration
that allows the person to provide outfitting and guiding
services;
  (c) The board determines that the licensing, permitting or
registration requirements of the State of Washington are
comparable to those of Oregon; and
  (d) The State of Washington provides similar reciprocity for
holders of valid Oregon outfitter and guide registrations. + }
  (2) The purpose of subsection (1) of this section is to avoid
the conflict, confusion and difficulty of an attempt to find the
exact locations of the state boundary in or on the waters of the
Columbia River while providing outfitting and guiding services.
  { - Reciprocity under subsection (1) of this section is
contingent upon passage of comparable legislation by the
legislature of the State of Washington addressing the
establishment of minimum guide registration or licensing
requirements in the areas of first aid training and liability
insurance coverage. - }
  (3)   { - The fees required under ORS 704.020 do not apply to
outfitters and guides - }  { +  The board may adopt rules that
exempt persons  + }who provide outfitting and guiding services on
the Snake River   { - and who possess a valid license from the
State of Idaho as required under this section. Reciprocity is
provided for outfitting and guiding services on the Snake River.
The right of outfitters and guides to conduct - }   { + from the
registration and fee requirements in ORS 704.020 if:
  (a) The person conducts + } outfitting and guiding services on
the waters of the Snake River where that river forms the boundary
line between the State of Oregon and the State of Idaho   { - by
the holder of a valid Oregon outfitter and guide registration
or - }  { + ;
  (b) The person possesses + } a valid Idaho   { - guide - }
license   { - in accordance with the outfitting and guiding laws
of each respective state is hereby recognized and made
lawful. - }  { + , permit or registration that allows the person
to provide outfitting and guiding services;
  (c) The board determines that the licensing, permitting or
registration requirements of the State of Idaho are comparable to
those of Oregon; and
  (d) The State of Idaho provides similar reciprocity for holders
of valid Oregon outfitter and guide registrations. + }
  (4) The purpose of subsection (3) of this section is to avoid
the conflict, confusion and difficulty of an attempt to find the
exact locations of the state boundary in or on the waters of the
Snake River while providing outfitting and guiding services.
  { - Reciprocity under subsection (3) of this section is
contingent upon passage of comparable legislation by the
legislature of the State of Idaho addressing the establishment of
minimum guide registration or licensing requirements in the areas
of first aid training and liability insurance coverage. - }
  SECTION 2. ORS 830.435, as amended by section 4, chapter 115,
Oregon Laws 2005, is amended to read:
  830.435. (1) Except as otherwise provided in this section,
  { - it is unlawful to - }   { + a person may not + } engage in
the business of carrying passengers for hire for angling,
sightseeing or other recreational purposes in ocean waters within
the jurisdiction of this state without first obtaining an ocean
charter vessel license from the State Marine Board.
  (2)   { - A resident of the State of Washington who holds a
license issued by that state - }   { + The board may adopt rules
allowing a person who holds a license or registration issued by
the State of Washington + } to engage in the business of carrying
passengers for hire for angling, sightseeing or other
recreational purposes   { - may - }  { + to + } conduct those
activities   { - in ocean waters within the jurisdiction of this
state north of Cape Falcon without the license required by
subsection (1) of this section if the vessel - }  { + if:
  (a) The person operates a vessel that + } leaves from and
returns to a port in the State of Washington { + ;
  (b) The person operates the vessel within the jurisdiction of
this state in the Pacific Ocean north of Cape Falcon, or in the
Columbia River; and
  (c)  + }  { - . The provisions of this subsection do not become
operative until laws, rules or regulations of - }  The State of
Washington   { - become operative that, in substance or effect,
contain - }   { + adopts + } provisions   { - which make
lawful - }   { + that allow + } engaging in the business of
carrying passengers for hire for angling, sightseeing or other
recreational purposes with a valid Oregon ocean charter vessel
license   { - in the waters of the Pacific Ocean - } within the
jurisdiction of   { - the State of Oregon or - }  the State of
Washington   { - between the Oregon-Washington boundary and - }
 { +  in the Pacific Ocean south of + } Leadbetter Point { + , or
in the Columbia River + }.
  { - This subsection remains operative only while such laws,
rules or regulations remain operative. - }
  (3) The license required by subsection (1) of this section is
in lieu of registration required by ORS chapter 704 to carry
passengers for hire for angling, sightseeing or other
recreational purposes in any navigable waters of this state.
Payment of the license fee referred to in ORS 830.440 (2)(b) is
in lieu of any other fee or tax for the possession, use or
operation of the vessel.
  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. + }
  SECTION 4. { +  Section 5, chapter 115, Oregon Laws 2005, is
repealed. + }
  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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