Bill Text: OR HB2039 | 2013 | Regular Session | Enrolled
Bill Title: Relating to outfitting and guiding services; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-06-18 - Chapter 422, (2013 Laws): Effective date June 18, 2013. [HB2039 Detail]
Download: Oregon-2013-HB2039-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2039
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
State Marine Board)
CHAPTER ................
AN ACT
Relating to outfitting and guiding services; creating new
provisions; amending ORS 704.010, 704.020, 704.021, 704.030,
704.035, 704.040, 704.070, 704.525 and 704.990; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
DEFINITIONS + }
SECTION 1. ORS 704.010 is amended to read:
704.010. As used in this chapter:
{ - (1) 'Board' means the State Marine Board. - }
{ - (2) 'Employee' means an individual who, in exchange for
compensation or other pecuniary gain, provides outfitting and
guiding services exclusively under the direction, supervision and
control of an outfitter and guide or an ocean guide. - }
{ - (3) 'Ocean guide' means any individual who carries
passengers for hire for outdoor recreational activities only on
the waters of the Pacific Ocean over which the State of Oregon
has jurisdiction and who possesses therefor a valid United States
Coast Guard vessel operator license. - }
{ + (1) 'Charter guide' means an individual who:
(a) Carries passengers for hire for outdoor recreational
activities on the waters of the Pacific Ocean over which the
State of Oregon has jurisdiction;
(b) Carries passengers for hire for outdoor recreational
activities on the waters of the Columbia River below the
Astoria-Megler Bridge downstream to the waters of the Pacific
Ocean; and
(c) Possesses a valid United States Coast Guard operator
license.
(2) 'Employee' means an individual who, in exchange for
compensation or monetary gain, provides outfitting and guiding
services under the direction, supervision and control of an
outfitter and guide or a charter guide. + }
{ - (4) - } { + (3) + } 'Outdoor recreational activities'
{ - include - } { + includes + }, but { - are - }
{ + is + } not limited to, boating, angling, hunting, jeep
touring, backpacking, alpine mountain climbing, camping, trips
utilizing pack animals, dog sled trips, whitewater float trips,
Enrolled House Bill 2039 (HB 2039-B) Page 1
rafting trips, drift boat trips, kayak trips, inflatable canoe
trips and canoe trips { - . - } { + , + } the duration of
{ - any outdoor recreational activities - } { + which + } may
be for a few hours or for several days or weeks.
{ - (5)(a) - } { + (4)(a) + } 'Outfitter and guide' means
any person:
(A) { - Who provides, or who offers to provide, for
compensation or other pecuniary gain - } { + Who, for
compensation or monetary gain, provides, offers to provide or
advertises the provision of + }:
(i) Outfitting and guiding services in { - Oregon - }
{ + this state + }; or
(ii) Outfitting and guiding services and either equipment,
supplies, livestock or materials for use in { - Oregon - }
{ + this state + }; or
(B) Who holds one or more federal { + special use + } permits
for commercial outfitting and guiding services for use in any
forest or wilderness or on any { - river in Oregon - }
{ + waterway in this state + }.
(b) 'Outfitter and guide' does not include:
{ - (A) An ocean guide or an employee of an outfitter and
guide or ocean guide; or - }
{ - (B) - } { + (A) + } An individual who, for compensation
or { - other pecuniary - } { + monetary + } gain, provides
outfitting and guiding services for the conduct of outdoor
recreational activities exclusively upon property owned or
controlled by the individual { + ; or
(B) An employee of an outfitter and guide, unless the employee
conducts, leads or assists in angling activities or operates or
assists in the operation of watercraft used for angling + }.
{ - (6) - } { + (5)(a) + } 'Outfitting and guiding
services' { - include - } { + includes + }, but { - are - }
{ + is + } not limited to, leading, protecting, instructing,
training, cooking, packing, guiding, transporting, supervising,
interpreting or otherwise assisting any person in the conduct of
outdoor recreational activities.
{ + (b) 'Outfitting and guiding services' does not
include + } the rental of equipment alone { - does not
constitute outfitting and guiding services - } .
{ - (7) Outfitting and guiding services are not offered or
provided for compensation or pecuniary gain if: - }
{ - (a) No individual receives any dues, fee, salary,
commission, bonus, tip, compensation, equipment, materials,
livestock, supplies, rental payment, amortization payment,
depreciation payment or other financial gain; and - }
{ - (b) No money or other remuneration is in any manner paid
or collected except as a sharing by trip participants of the
costs or expenses for the trip. - }
{ +
APPLICABILITY OF CHAPTER + }
SECTION 2. { + Section 3 of this 2013 Act is added to and made
a part of ORS chapter 704. + }
SECTION 3. { + (1) This chapter does not apply to outfitting
and guiding services that are not offered or provided for
compensation or monetary gain.
(2) Outfitting and guiding services are not offered or provided
for compensation or monetary gain if:
Enrolled House Bill 2039 (HB 2039-B) Page 2
(a) A person does not receive, or has not entered into an
agreement to receive, any dues, fee, salary, commission, bonus,
tip, compensation, equipment, material, livestock, supplies,
rental payment, amortization payment, depreciation payment or
other financial gain for the outfitting and guiding services; or
(b) A person does not receive, or has not entered into an
agreement to receive, money or other remuneration for the
outfitting and guiding services except for the sharing of the
costs or expenses for a trip by trip participants.
(3) As used in this section:
(a)(A) 'Costs or expenses for a trip' means the costs or
expenses for food, fuel, bait or other consumable items used
during a trip.
(B) 'Costs or expenses for a trip' does not include any costs
or expenses related to equipment maintenance, insurance, moorage,
leases or fees for the use of an area.
(b) 'Trip' means the duration of an outdoor recreational
activity beginning:
(A) For water-based activities, at the point of departure from
a dock, pier, float, moorage or shore-based landing where a
person enters a watercraft; or
(B) For land-based activities, at the trailhead or other entry
point to the area where the outdoor recreational activity
begins. + }
{ +
REGISTRATION + }
{ +
(Operative January 1, 2014) + }
SECTION 4. ORS 704.020 is amended to read:
704.020. (1) Any person who acts { - , - } or { - who - }
offers to act { - , - } as an outfitter and guide must first
register with the State Marine Board. Each registration shall be
submitted annually on a form provided by the board and shall
include the following information:
(a) The name, residence address { - , - } and
{ - residence - } telephone number of the person providing
outfitting and guiding services, and all business names,
addresses and telephone numbers under which outfitting and
guiding services are provided.
{ + (b) Proof that the business under which outfitting and
guiding services are provided has registered with the Secretary
of State. + }
{ - (b) - } { + (c) + } If the outfitting and guiding
services are to be performed in the business name of an
individual, proof { - of possession of a current certificate
issued to the individual: - } { + that the outfitter and guide
is certified to give first aid, as determined by the board by
rule. + }
{ - (A) By the American Red Cross upon completion of its
multimedia course; or - }
{ - (B) Upon completion of any equivalent medical or American
Red Cross training course approved by the board. - }
{ - (c) - } { + (d) + } If the outfitting and guiding
services are to be performed in the business name of a person
other than an individual, { - the outfitter and guide must
provide - } { + a list of + } the names of all employees,
agents and parties in interest who physically provide, or who
directly assist in physically providing, outfitting and guiding
Enrolled House Bill 2039 (HB 2039-B) Page 3
services in { - Oregon - } { + this state + }, together with
the affidavit of the outfitter and guide that each such employee,
agent or party in interest { - possesses: - } { + is
certified to give first aid, as determined by the board by
rule. + }
{ - (A) A current certificate issued to the employee, agent
or party in interest: - }
{ - (i) By the American Red Cross upon completion of its
multimedia course; or - }
{ - (ii) Upon completion of any equivalent medical or
American Red Cross training course approved by the board. - }
{ - (B) - } { + (e) If the outfitter and guide is carrying
passengers for hire on waterways determined to be navigable by
the United States Coast Guard, proof that the person or an
individual employed by the person has + }a valid United States
Coast Guard
{ - vessel - } operator license { - if operating a motorboat
on navigable waters of the United States - } .
{ - (d) - } { + (f) + } A description of:
(A) The outfitting and guiding services { - , - } and any
equipment, supplies, livestock and materials provided by the
outfitter and guide;
(B) The geographic area in which the outfitter and guide
provides the outfitting and guiding services { - , - } and
{ - any - } { + the + } equipment, supplies, livestock and
materials; and
(C) The experience of the outfitter and guide in providing the
outfitting and guiding services { - , - } and { + the + }
equipment, supplies, livestock and materials.
{ - (e) - } { + (g) + } Proof that the outfitter and guide
has liability insurance covering occurrences by the outfitter and
guide, and the employees of the outfitter and guide, which result
in bodily injury or property damage. { - Such insurance shall
be not less than $300,000 - } { + To meet the requirement under
this paragraph, insurance must provide + } combined single limit
per occurrence general liability coverage { + of at least
$500,000 + }.
{ - (f) - } { + (h) + } Certification by the outfitter and
guide that the outfitter and guide will maintain the insurance
required by paragraph { - (e) - } { + (g) + } of this
subsection continuously { + and + } in full force and effect for
a period of { - not less than one year from the date the
certificate of registration described in this section is issued
by the board - } { + time to be determined by the board by
rule + }.
{ - (g) - } { + (i) + } The affidavit of the outfitter and
guide stating that for a period of not less than 24 months
immediately prior to making the registration application the
outfitter and guide and each person who provides or assists in
directly providing outfitting and guiding services:
(A) Have not been convicted of:
{ + (i) A felony or misdemeanor related to the provision of
services regulated by this chapter; + }
{ - (i) - } { + (ii) + } { - Any criminal offense or - }
{ + A + } violation under this chapter or ORS chapter 477, 496,
497, 498, 501, 506, 508, 509 or 511 or any rule adopted pursuant
{ - thereto - } { + to ORS chapter 477, 496, 497, 498, 501,
506, 508, 509 or 511 + }; or
{ - (ii) - } { + (iii) + } { - Any - } { + A + }
violation of the wildlife laws { - which - } { + that + }
Enrolled House Bill 2039 (HB 2039-B) Page 4
occurred while acting as an outfitter and guide and
{ - which - } { + that + } resulted in court-ordered
revocation of the hunting or fishing license of the outfitter and
guide;
(B) Have not had an outfitting and guiding license, permit or
certificate revoked, suspended or canceled by another state or by
an agency of the government of the United States;
(C) Have not been denied the right to apply for an outfitting
and guiding license, permit or certificate by another state or by
an agency of the government of the United States; and
(D) Have not been convicted of guiding without registration as
required by this subsection.
(2) In addition to the requirements of subsection (1) of this
section, a person who acts or offers to act as an outfitter and
guide using boats that are under the direct operation of an
outfitter and guide or an employee of an outfitter and guide
{ - to carry - } { + for the purpose of carrying + }
passengers on the waters of this state { - shall - }
{ + must + } submit proof:
(a) { + If operating a motorboat on waterways determined to be
navigable by the United States Coast Guard, + }that the
outfitter and guide possesses a valid United States Coast Guard
{ - vessel - } operator license { - if operating a motorboat
on navigable waters of the United States - } ; and
(b) Of liability insurance { + in a form prescribed by the
board by rule + }.
(3)(a) A person who registers as an outfitter and guide and who
accepts deposits from clients in excess of $100 per person shall
submit a bond or other financial security in the amount of $5,000
to the board at the time of registration. The bond or other
financial security shall be held by the board for the benefit of
clients of the outfitter and guide who pay a money deposit to the
outfitter and guide 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
outfitter and guide 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) Each annual registration shall be accompanied by a fee as
follows:
(a) For resident persons, { - $50 - } { + $150 + }.
(b) For nonresident persons who reside in a state that requires
residents of { - the State of Oregon - } { + this state + }
to pay a license fee, registration fee or other fee or charge in
excess of
{ - $50 - } { + $150 + } to act as an outfitter and guide in
that state, the same fee or other charge as is charged the
residents of { - the State of Oregon - } { + this state + }
to act as an outfitter and guide in the state where the
nonresident applicant resides. If the state in which such a
nonresident applicant resides makes distinctions in fees or
charges based on the type of outfitter and guide service
performed and requires residents of { - the State of Oregon - }
{ + this state + } to pay fees or charges accordingly, the board
shall make and apply those same distinctions and require the
nonresident applicants to pay the corresponding fees or charges.
(c) For nonresident persons other than those referred to in
paragraph (b) of this subsection, { - $50 - } { + $150 + }.
Enrolled House Bill 2039 (HB 2039-B) Page 5
(5) Upon the submission to the board of the appropriate fees
prescribed in this section and the registration information
required by this section, the board shall issue to the applicant
a certificate of registration. The board shall also issue to each
registrant proof of compliance with the requirements of this
section.
(6) A person who conducts sightseeing flights or other aircraft
operations is exempt from the provisions of this section unless
the activities conducted by the person are outdoor recreational
activities as defined in ORS 704.010.
(7) The board shall issue an identifying decal to outfitters
and guides registering under this section that may be displayed
on vehicles, pack equipment or other suitable locations where
customers can see the registration decal.
(8) A certificate of registration issued to an outfitter and
guide under this section expires on December 31 of each calendar
year or on such date as may be specified by board rule.
SECTION 5. ORS 704.021 is amended to read:
704.021. { + (1) + } An outfitter and guide who registers
pursuant to ORS 704.020 shall, while the outfitter and guide is
engaged in providing outfitting and guide services, hold proof of
compliance with the requirements of ORS 704.020 and allow the
examination of that proof of compliance by any person authorized
to enforce this chapter.
{ + (2) If outfitting and guiding services are performed by
an employee of an outfitter and guide, the employee shall, while
the employee is engaged in providing outfitting and guiding
services, hold proof that the outfitter and guide is in
compliance with the requirements of ORS 704.020 and allow the
examination of that proof of compliance by any person authorized
to enforce this chapter. + }
SECTION 6. ORS 704.030 is amended to read:
704.030. (1) No person shall make any false statement of
material fact submitted pursuant to ORS 704.020.
(2) No outfitter and guide who uses a boat to carry passengers
on the waters of this state shall carry passengers in excess of
the passenger capacity for which insurance is obtained pursuant
to ORS 704.020.
(3) No outfitter and guide shall use a boat to carry passengers
on { - navigable waters of the United States - }
{ + waterways determined to be navigable by the United States
Coast Guard + } without a license, registration or decal required
by ORS 704.020 and 704.065.
{ +
(Operative January 1, 2018) + }
SECTION 7. ORS 704.020, as amended by section 4 of this 2013
Act, is amended to read:
704.020. (1) Any person who acts or offers to act as an
outfitter and guide must first register with the State Marine
Board. Each registration shall be submitted annually on a form
provided by the board and shall include the following
information:
(a) The name, residence address and telephone number of the
person providing outfitting and guiding services, and all
business names, addresses and telephone numbers under which
outfitting and guiding services are provided.
(b) Proof that the business under which outfitting and guiding
services are provided has registered with the Secretary of State.
Enrolled House Bill 2039 (HB 2039-B) Page 6
(c) If the outfitting and guiding services are to be performed
in the business name of an individual, proof that the outfitter
and guide is certified to give first aid, as determined by the
board by rule.
(d) If the outfitting and guiding services are to be performed
in the business name of a person other than an individual, a list
of the names of all employees, agents and parties in interest who
physically provide, or who directly assist in physically
providing, outfitting and guiding services in this state,
together with the affidavit of the outfitter and guide that each
such employee, agent or party in interest is certified to give
first aid, as determined by the board by rule.
(e) If the outfitter and guide is carrying passengers for hire
on waterways determined to be navigable by the United States
Coast Guard, proof that the person or an individual employed by
the person has a valid United States Coast Guard operator
license.
(f) A description of:
(A) The outfitting and guiding services and any equipment,
supplies, livestock and materials provided by the outfitter and
guide;
(B) The geographic area in which the outfitter and guide
provides the outfitting and guiding services and the equipment,
supplies, livestock and materials; and
(C) The experience of the outfitter and guide in providing the
outfitting and guiding services and the equipment, supplies,
livestock and materials.
(g) Proof that the outfitter and guide has liability insurance
covering occurrences by the outfitter and guide, and the
employees of the outfitter and guide, which result in bodily
injury or property damage. To meet the requirement under this
paragraph, insurance must provide combined single limit per
occurrence general liability coverage of at least $500,000.
(h) Certification by the outfitter and guide that the outfitter
and guide will maintain the insurance required by paragraph (g)
of this subsection continuously and in full force and effect for
a period of time to be determined by the board by rule.
(i) The affidavit of the outfitter and guide stating that for a
period of not less than 24 months immediately prior to making the
registration application the outfitter and guide and each person
who provides or assists in directly providing outfitting and
guiding services:
(A) Have not been convicted of:
(i) A felony or misdemeanor related to the provision of
services regulated by this chapter;
(ii) A violation under this chapter or ORS chapter 477, 496,
497, 498, 501, 506, 508, 509 or 511 or any rule adopted pursuant
to ORS chapter 477, 496, 497, 498, 501, 506, 508, 509 or 511; or
(iii) A violation of the wildlife laws that occurred while
acting as an outfitter and guide and that resulted in
court-ordered revocation of the hunting or fishing license of the
outfitter and guide;
(B) Have not had an outfitting and guiding license, permit or
certificate revoked, suspended or canceled by another state or by
an agency of the government of the United States;
(C) Have not been denied the right to apply for an outfitting
and guiding license, permit or certificate by another state or by
an agency of the government of the United States; and
(D) Have not been convicted of guiding without registration as
required by this subsection.
Enrolled House Bill 2039 (HB 2039-B) Page 7
(2) { + (a) + } In addition to the requirements of subsection
(1) of this section, a person who acts or offers to act as an
outfitter and guide using boats that are under the direct
operation of an outfitter and guide or an employee of an
outfitter and guide for the purpose of carrying passengers on the
waters of this state must submit proof:
{ - (a) - } { + (A) + } If operating a motorboat on
{ - waterways determined to be navigable by the United States
Coast Guard, - } { + the waters of this state, + } that the
outfitter and guide { - possesses a valid United States Coast
Guard operator license; and - } { + :
(i) Has passed a written test adopted by the board by rule;
(ii) Has participated in a drug and alcohol program as defined
by the board by rule; and
(iii) Has completed a physical examination every five years as
required by the board by rule. + }
{ - (b) - } { + (B) + } Of liability insurance in a form
prescribed by the board by rule.
{ + (b) A person is exempt from paragraph (a)(A) of this
subsection if the person is operating a motorboat on waters of
this state determined to be navigable by the United States Coast
Guard and the person possesses a valid United States Coast Guard
operator license. + }
(3)(a) A person who registers as an outfitter and guide and who
accepts deposits from clients in excess of $100 per person shall
submit a bond or other financial security in the amount of $5,000
to the board at the time of registration. The bond or other
financial security shall be held by the board for the benefit of
clients of the outfitter and guide who pay a money deposit to the
outfitter and guide 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
outfitter and guide 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) Each annual registration shall be accompanied by a fee as
follows:
(a) For resident persons, $150.
(b) For nonresident persons who reside in a state that requires
residents of this state to pay a license fee, registration fee or
other fee or charge in excess of $150 to act as an outfitter and
guide in that state, the same fee or other charge as is charged
the residents of this state to act as an outfitter and guide in
the state where the nonresident applicant resides. If the state
in which such a nonresident applicant resides makes distinctions
in fees or charges based on the type of outfitter and guide
service performed and requires residents of this state to pay
fees or charges accordingly, the board shall make and apply those
same distinctions and require the nonresident applicants to pay
the corresponding fees or charges.
(c) For nonresident persons other than those referred to in
paragraph (b) of this subsection, $150.
(5) Upon the submission to the board of the appropriate fees
prescribed in this section and the registration information
required by this section, the board shall issue to the applicant
a certificate of registration. The board shall also issue to each
registrant proof of compliance with the requirements of this
section.
Enrolled House Bill 2039 (HB 2039-B) Page 8
(6) A person who conducts sightseeing flights or other aircraft
operations is exempt from the provisions of this section unless
the activities conducted by the person are outdoor recreational
activities as defined in ORS 704.010.
(7) The board shall issue an identifying decal to outfitters
and guides registering under this section that may be displayed
on vehicles, pack equipment or other suitable locations where
customers can see the registration decal.
(8) A certificate of registration issued to an outfitter and
guide under this section expires on December 31 of each calendar
year or on such date as may be specified by board rule.
{ +
DISCIPLINE + }
SECTION 8. ORS 704.035 is amended to read:
704.035. (1) The State Marine Board shall { - accord - }
{ + provide an + } opportunity for hearing as { - provided
in - } { + required by + } ORS chapter 183 when the board
proposes to:
(a) { - Refuse to issue or renew - } { + Deny issuance or
renewal of + } an outfitter and guide registration;
(b) Revoke or suspend a registration; or
(c) Reprimand an outfitter and guide.
(2) Any person aggrieved by a decision of the board under this
chapter is entitled to judicial review of the decision in
accordance with the procedure for contested cases provided by ORS
chapter 183.
SECTION 9. ORS 704.040 is amended to read:
704.040. (1) The Legislative Assembly finds that violation of
fire prevention, wildlife, hunting, angling, trapping or
commercial fishing laws is directly related to the fitness
required for registration as an outfitter and guide.
(2) When { - any - } { + a + } person is convicted of
{ - any - } { + a felony or misdemeanor related to the
provision of services regulated by this chapter, a + } violation
of ORS 704.020 or 704.030 { + or ORS chapter 477, 496, 497, 498,
501, 506, 508, 509 or 511, + } or any rule promulgated pursuant
to ORS 704.500 { + or ORS chapter 477, 496, 497, 498, 501, 506,
508, 509 or 511 + }, the court having jurisdiction of the offense
may order the State Marine Board to revoke the certificate of
registration issued to that person pursuant to ORS 704.020.
(3) When a court orders revocation of a certificate of
registration pursuant to this section, the court shall take up
the certificate of registration and forward it with a copy of the
revocation order to the board. Upon receipt thereof, the board
shall cause revocation of the certificate of registration in
accordance with the court order.
(4) A person who has had a certificate of registration revoked
pursuant to this section is ineligible to register under ORS
704.020 for a period of 24 months from the date the court ordered
the revocation.
(5) The board may reprimand an outfitter and guide or suspend,
revoke or deny for a period of up to 24 months the registration
of an outfitter and guide for any of the following:
{ + (a) Conviction of a felony or misdemeanor related to the
provision of services regulated by this chapter. + }
{ - (a) - } { + (b) + } Any serious or repeated violation
of this chapter or ORS chapter 477, 496, 497, 498, 501, 506, 508,
509 or 511 or any rule adopted pursuant { - thereto - }
Enrolled House Bill 2039 (HB 2039-B) Page 9
{ + to ORS chapter 477, 496, 497, 498, 501, 506, 508, 509 or
511 + }.
{ - (b) - } { + (c) + } Any serious or repeated violation
of the fish and wildlife laws or regulations of the federal
government or of another state for committing or omitting acts
that, if committed or omitted in this state, would be a violation
of ethical or professional standards established pursuant to this
chapter. A certified copy of the record of suspension or
revocation of the state making such suspension or revocation is
conclusive evidence thereof.
{ - (c) - } { + (d) + } Having an outfitter and guide
registration, license, permit or certificate suspended, revoked,
canceled or denied by another state or by an agency of the United
States for committing or omitting acts that, if committed or
omitted in this state, would be a violation of ethical or
professional standards established pursuant to this chapter. A
certified copy of the record of suspension or revocation of the
state making such suspension or revocation is conclusive evidence
thereof.
{ - (d) - } { + (e) + } Having a United States Coast Guard
vessel operator license revoked, suspended or canceled by the
United States Coast Guard for committing or omitting acts that if
committed or omitted in this state would be a violation of
standards established pursuant to this chapter. A certified copy
of the record of revocation, suspension or cancellation from the
United States Coast Guard is conclusive evidence thereof.
{ - (e) - } { + (f) + } Engaging in fraudulent, untruthful
or seriously misleading advertising in the conduct of the
outfitting and guiding services.
(6) The board shall adopt rules to implement subsection (5) of
this section, including rules that describe conduct that is a
serious or repeated violation of a law, rule or regulation.
{ +
SAFETY REQUIREMENTS + }
SECTION 10. ORS 704.070 is amended to read:
704.070. (1) A person who acts or offers to act as an outfitter
and guide using boats to carry passengers on the waters of this
state shall:
(a) Equip each nonmotorized boat that is under the direct
operation of an outfitter and guide or an employee of an
outfitter and guide to carry passengers on waters rated as class
III or higher on a commonly accepted scale of river difficulty
with a rescue throw bag, complete with a length of artificial
fiber rope and a buoyant bag;
(b) On any section of waters rated as class III or higher on a
commonly accepted scale of river difficulty, require that all
persons physically providing outfitting and guiding services and
all passengers wear a properly secured United States Coast Guard
approved personal flotation device of a type prescribed by rules
adopted by the State Marine Board; { - and - }
(c) If the outfitter and guide operates nonmotorized boats
carrying passengers on any section of waters rated as class III
or higher on a commonly accepted scale of river difficulty,
require that all persons physically providing outfitting and
guiding services:
(A) Prior to providing the services, have completed at least
one trip on that section of waters in a nonmotorized boat; and
Enrolled House Bill 2039 (HB 2039-B) Page 10
(B) Have been trained in equipment preparation and boat
rigging, understanding and recognizing river characteristics and
hazards, methods of scouting rapids, methods of physically
guiding boats through rapids, proper client communication, how to
provide paddling and safety instruction and methods of river
rescue techniques, including emergency procedures and equipment
recovery { - . - } { + ; and
(d) If the outfitter and guide is a charter guide, ensure that
the vessel used to carry passengers complies with the equipment
requirements for charter vessels under ORS 830.450. + }
(2) Subsection (1)(b) of this section does not apply to
motorized boats that are inspected by the United States Coast
Guard.
{ +
ADVISORY COMMITTEE + }
SECTION 11. ORS 704.525 is amended to read:
704.525. (1) The State Marine Board shall appoint an advisory
committee to provide advice to the board on various matters
regarding the implementation of this chapter. The committee shall
be composed of members appointed as follows:
{ + (a) Eight members representing seven of the primary
organizations providing outfitting and guiding services in this
state, with two members representing the most active
organization. The board shall adopt rules to implement this
paragraph. + }
{ - (a) Two members from among those individuals recommended
by the Oregon Guides and Packers. - }
{ - (b) One member from among those individuals recommended
by the McKenzie River Guides. - }
{ - (c) One member from among those individuals recommended
by the Eastern Oregon Guides. - }
{ - (d) One member from among those individuals recommended
by the Rogue River Outfitters. - }
{ - (e) One member from among those individuals recommended
by the Deschutes River Public Outfitters. - }
{ - (f) One member from among those individuals recommended
by the Rogue River Guides Association, Inc. - }
{ - (g) One member from among those individuals recommended
by the Tillamook Guides Association. - }
{ - (h) - } { + (b) + } Three public members selected by
the board.
(2) In addition to such other duties as the board may
prescribe, the advisory committee shall provide advice and
recommendations to the board regarding:
(a) Methods of improving communication between the board and
the guiding and outfitting industry.
(b) The need for competency testing of guides and outfitters.
(c) Refinements of the definitions of guides and outfitters.
(d) Adequacy of liability insurance coverage.
(e) Identifying decals for motorboats used by guides in
providing outfitter and guide services.
(f) Registration reciprocity for guides conducting outfitting
and guiding services on the Snake and Columbia Rivers.
SECTION 12. { + Nothing in the amendments to ORS 704.525 by
section 11 of this 2013 Act affects the term of office of any
member of the advisory committee appointed prior to and serving
on the operative date specified in section 14 (1) of this 2013
Act. However, as vacancies occur, appointments shall be made in
Enrolled House Bill 2039 (HB 2039-B) Page 11
accordance with the qualifications specified in ORS 704.525, as
amended by section 11 of this 2013 Act. + }
{ +
CRIMINAL PENALTIES + }
SECTION 13. ORS 704.990 is amended to read:
704.990. (1) Failure to comply with ORS 704.020, 704.021 or
704.065 is a Class { - B - } { + A + } misdemeanor.
(2) Violation of ORS 704.030 is a Class { - B - } { + A + }
misdemeanor.
{ +
OPERATIVE DATE + }
SECTION 14. { + (1) Sections 2, 3 and 12 of this 2013 Act and
the amendments to ORS 704.010, 704.020, 704.021, 704.030,
704.035, 704.040, 704.070, 704.525 and 704.990 by sections 1, 4
to 6, 8 to 11 and 13 of this 2013 Act become operative on January
1, 2014.
(2) The amendments to ORS 704.020 by section 7 of this 2013 Act
become operative on January 1, 2018.
(3) The State Marine Board may take any action before the
operative dates specified in subsections (1) and (2) of this
section that is necessary to enable the board to exercise, on and
after the operative dates specified in subsections (1) and (2) of
this section, all the duties, functions and powers conferred on
the board by sections 2, 3 and 12 of this 2013 Act and the
amendments to ORS 704.010, 704.020, 704.021, 704.030, 704.035,
704.040, 704.070, 704.525 and 704.990 by sections 1, 4 to 11 and
13 of this 2013 Act. + }
{ +
APPLICABILITY + }
SECTION 15. { + (1) The amendments to ORS 704.020 by section 4
of this 2013 Act apply to applications for registration received
by the State Marine Board on or after the operative date
specified in section 12 (1) of this 2013 Act.
(2) The amendments to ORS 704.020 by section 7 of this 2013 Act
apply to applications for registration received by the State
Marine Board on or after the operative date specified in section
14 (2) of this 2013 Act.
(3) The amendments to ORS 704.040 and 704.990 by sections 9 and
13 of this 2013 Act apply to convictions entered on or after the
operative date specified in section 14 (1) of this 2013 Act. + }
{ +
EXPENDITURE LIMITATIONS + }
SECTION 16. { + Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by
section 1 (1), chapter ___, Oregon Laws 2013 (Enrolled House Bill
5025), for the biennium beginning July 1, 2013, as the maximum
limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, collected or received by the State
Marine Board, is increased by $212,170 for the purpose of
carrying out the provisions of this 2013 Act. + }
Enrolled House Bill 2039 (HB 2039-B) Page 12
{ +
UNIT CAPTIONS + }
SECTION 17. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 18. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
----------
Passed by House June 4, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 11, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2039 (HB 2039-B) Page 13
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2039 (HB 2039-B) Page 14
