75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3016
A-Engrossed
Senate Bill 601
Ordered by the Senate April 21
Including Senate Amendments dated April 21
Sponsored by Senator JOHNSON (at the request of Oregon Board of
Maritime Pilots)
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.
Authorizes Oregon Board of Maritime Pilots to issue subpoenas
for investigatory purposes and to enter premises, ships and other
facilities to conduct investigations.
A BILL FOR AN ACT
Relating to investigations by the Oregon Board of Maritime
Pilots; creating new provisions; and amending ORS 776.115.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2009 Act are added to
and made a part of ORS chapter 776. + }
SECTION 2. { + (1) The Oregon Board of Maritime Pilots may
issue subpoenas to compel the attendance of witnesses and the
production of records, documents, books, papers, memoranda or
other information necessary to conduct an investigation under ORS
776.115, 776.375 or 776.405.
(2) If a person fails to comply with a subpoena issued under
this section, a judge of the circuit court, on the application of
the board, shall compel obedience by instituting proceedings for
contempt in the same manner that the court would institute
proceedings for contempt when a person fails to comply with a
subpoena in a civil action. + }
SECTION 3. { + (1) When conducting an investigation under ORS
776.115, 776.375 or 776.405, the Oregon Board of Maritime Pilots
or its authorized representative may enter and investigate a
premises, ship or facility.
(2) When conducting an investigation under subsection (1) of
this section, the board or its authorized representative may:
(a) Examine the records, documents, books, papers, memoranda or
other information kept at the premises, ship or facility.
(b) Examine under oath an officer, agent or employee of the
premises, ship or facility.
(3) If the board or its authorized representative is inspecting
a premises, ship or facility that is not open to the public, the
board or the representative shall present credentials to the
owner or occupant of the premises, ship or facility and obtain
the consent of the owner or occupant before conducting the
inspection. If the owner or occupant denies entry to the
premises, ship or facility, the board or the representative must
obtain a warrant to conduct the inspection.
(4) The board or its authorized representative may use
information obtained during an investigation only to fulfill the
board's duties under ORS 776.115, 776.375 or 776.405. + }
SECTION 4. 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
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,
subject to the maximum annual license fee established pursuant to
ORS 776.357.
(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. - } { + issue subpoenas pursuant to section 2 of
this 2009 Act, conduct investigations pursuant to section 3 of
this 2009 Act, administer oaths, take depositions and fix the
fees and mileage of witnesses. + }
(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.
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