Chapter 391 Oregon Laws 1999
Session Law
AN ACT
SB 1228
Relating to small
watercraft; amending ORS 830.730, 830.825, 830.880, 830.885, 830.890 and
830.992.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 830.730 is amended to read:
830.730. No person shall give any false statement or
information or assist another to give any false statement or information in any
application, notice, statement or report to
a peace officer or the State Marine Board.
SECTION 2.
ORS 830.825 is amended to read:
830.825. (1) No
person shall operate a boat on the waters of this state or be in possession of a boat for which the State Marine Board has
issued a certificate of boat title unless such boat has a hull identification
number that complies with the
requirements of this section. Hull identification numbers must be carved,
burned, stamped, embossed, clearly imprinted or otherwise permanently affixed
to the outboard side of the transom, or if there is no transom, to the
outermost starboard side at the end of the hull that bears the rudder or other
steering mechanism above the waterline of the boat in such a way that
alteration, removal or replacement would be obvious or evident. No person,
firm, association or corporation shall destroy, remove, alter, cover or deface any number awarded to a vessel by the
State Marine Board or the manufacturer's hull identification [number] numbers.
(2) The hull
identification numbers required under subsection (1) of this section shall
comply with the following:
(a) All vessels built after
1984 shall have two identical hull identification numbers permanently affixed
and displayed in accordance with federal regulations.
(b) The primary hull
identification number shall be affixed to the outboard side of the vessel's
transom, on the starboard side, within two inches of the top of the transom,
gunwale or hull or deck joint, whichever is lowest, or if there is no transom,
to the outermost starboard side at the end of the hull that bears the rudder or
other steering mechanism above the waterline of the boat in such a way that
alteration, removal or replacement would be obvious or evident.
(c) A duplicate hull
identification number shall be affixed in an unexposed location on the interior
of the vessel or beneath a fitting or item of permanent hardware. A hull
identification number may not be attached to any part of the vessel that is
removable.
(d) A person who builds a
vessel for the person's own use and not for the purpose of sale shall request a
hull identification number from the State Marine Board and affix the awarded
number in accordance with this section.
SECTION 3.
ORS 830.880 is amended to read:
830.880. (1) When a [police] peace officer discovers a boat or
component from which [the] a number awarded by the State Marine Board
or the manufacturer's hull identification number assigned to the boat or the component identification number has been removed, defaced, covered, altered
or destroyed the [police] peace officer may seize and hold it
for identification and disposal as provided in ORS 830.880 to 830.895.
(2) The police agency having custody of the property shall have
a specially qualified inspector or [police] peace officer inspect the property for
the purpose of locating the identification number. If the identification number
is found it shall be checked with the list of stolen boats maintained by the
National Crime Information Center. If the identification number is not found
the police agency shall apply to the State Marine Board for renumbering as
provided in ORS 830.895.
SECTION 4.
ORS 830.885 is amended to read:
830.885. (1) When the property seized under ORS 830.880 is not
listed as stolen by the National Crime Information Center and the hull identification number is
established the property shall be returned to the person from whom it was
seized if:
(a) The person can establish that the person is the owner of
the property; or
(b) The person executes a good and valid surety bond in an
amount at least equal to the market value of the property and conditioned upon
return of the property to the owner, if one can be established. The bond will
be for a period of time determined by the State Marine Board.
(2) If the person to whom the property was returned does not
establish that the person is the owner of the property the police agency
holding the property shall make reasonable efforts to determine the names and
addresses of the owner and all persons of record having an interest in the
property. If the police agency is able to determine the names and addresses of
the owner and such other persons it shall immediately notify the owner by
registered or certified mail of the disposition of the property.
(3) When the property
seized under ORS 830.880 is not listed as stolen by the National Crime
Information Center and the hull identification numbers have been removed,
altered or defaced and the person from whom the property was seized cannot
establish that the person is the owner of the property, the sheriff of the
county where the seizure took place shall take custody of the property and sell
the property at public auction in the manner provided in ORS 87.192 and 87.196
or dispose of the property in a manner provided by local ordinance. If a bid
for the property is not offered at the public auction, the sheriff may destroy
or otherwise dispose of the property.
SECTION 5.
ORS 830.890 is amended to read:
830.890. (1) If the hull
or component identification number of property seized pursuant to ORS
830.880 is not established or if the property is reported as stolen by the
National Crime Information Center the police agency having custody of the
property shall, after making reasonable efforts to ascertain the names and
addresses of the owner and all persons of record having an interest in the
property, notify the person from whom the property was seized, and the owner
and such other persons if they can be ascertained, of their right to respond
within 60 days from the issuance of the notice through court action for the
return of the seized property. The taking of the property, the description
thereof and a statement of the rights of an owner or other persons of record
having an interest in the property to respond through court action for the
return of the seized property shall be advertised in a daily newspaper
published in the city or county where the property was seized, or if a daily
newspaper is not published in such city or county, in a newspaper having weekly
circulation in the city or county, once a week for two consecutive weeks and by
handbills posted in three public places near the place of seizure.
(2) If court action is not initiated within 60 days from the
issuance of notice the property shall be sold at public auction by the sheriff
or other local police agency having custody of the property. Property seized
and held by or at the direction of the Department of State Police under ORS
830.880 shall be delivered to the sheriff of the county in which the vehicle
was located at the time it was taken into custody for sale under this
subsection. The sheriff or other local police agency shall, after deducting the
expense of keeping the property and the cost of sale, pay all the security
interests, according to their priorities which are established by intervention
or otherwise at such hearing or in other proceeding brought for that purpose,
and shall pay the balance of the proceeds into the general fund of the unit of
government employing the officers of the selling police agency.
SECTION 6.
ORS 830.992 is amended to read:
830.992. Any person who knowingly buys, receives, disposes of,
sells, offers for sale or possesses any boat or component from which the hull identification number assigned to
the boat or component identification
number has been removed, defaced, covered, altered or destroyed for the
purpose of concealing or misrepresenting the identity of the boat or component
commits a Class A misdemeanor.
Approved by the Governor
June 29, 1999
Filed in the office of
Secretary of State June 29, 1999
Effective date October 23,
1999
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