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 453
 
                         House Bill 2277
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Transportation)
 
 
                             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.
 
  Modifies maximum annual license fee to obtain maritime pilot
license. Authorizes future modifications of maximum annual
license fee based on change in Portland-Salem, OR-WA, Consumer
Price Index for All Urban Consumers for All Items.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
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 Oregon:
  SECTION 1. ORS 776.115 is amended to read:
  776.115. The Oregon Board of Maritime Pilots shall:
  (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 Astoria and Portland or Vancouver, $2.50 per foot
draft and 2 cents per net ton;
  (B) Between Astoria or Knappton and the sea, $3 per foot draft
and 2 cents per net ton;
  (C) Between Yaquina Bay and the sea, $3 per foot draft and 2
cents per ton; and
  (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. + }
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