Bill Text: OR SB179 | 2013 | Regular Session | Introduced
Bill Title: Relating to seaplanes.
Spectrum: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB179 Detail]
Download: Oregon-2013-SB179-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 336
Senate Bill 179
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Oregon Department of Aviation)
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.
Clarifies that State Aviation Board rules governing seaplane
safety and operations shall be adopted in agreement with State
Marine Board and State Parks and Recreation Department. Clarifies
that boats that are seaplanes shall be regulated by Oregon
Department of Aviation in agreement with State Marine Board.
A BILL FOR AN ACT
Relating to seaplanes; creating new provisions; and amending ORS
830.110, 835.200 and 835.205.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 835.200 is amended to read:
835.200. (1) The State Aviation Board, pursuant to ORS 835.035
{ - and utilizing the definitions contained in ORS 830.005 - } :
(a) Shall adopt rules governing seaplane safety and operations
on state waters, as defined in ORS 830.005, that shall be
applicable to all seaplanes except when inconsistent with any
applicable laws or regulations of an agency of the United States.
(b) May adopt rules governing seaplane safety and operations on
waters of this state, as defined in ORS 830.005, that shall be
applicable to all seaplanes except when inconsistent with any
applicable laws or regulations of an agency of the United States.
(2) The State Aviation Board shall adopt the rules
{ + described + } in subsection (1) of this section in
{ - consultation - } { + agreement + } with the State Marine
Board and the State Parks and Recreation Department.
(3) The rules { + described + } in subsection (1) of this
section shall include identification of zones and bodies of water
on which seaplanes may not land, take off or operate.
(4) As used in this section and ORS 835.210, 'seaplane ' means
an aircraft equipped to land on water.
SECTION 2. ORS 835.205 is amended to read:
835.205. For purposes of ORS 830.175, 830.180, 830.185 and
830.195, the Oregon Department of Aviation, in
{ - cooperation - } { + agreement + } with the State Marine
Board, shall regulate boats that are seaplanes as provided in ORS
830.605 and 835.200.
SECTION 3. ORS 830.110 is amended to read:
830.110. In addition to the powers and duties otherwise
provided in this chapter, the State Marine Board shall have the
power and duty to:
(1) Make all rules necessary to carry out the provisions of
this chapter. The rules shall be made in accordance with ORS
chapter 183.
(2) Devise a system of identifying numbers for boats, floating
homes and boathouses. If an agency of the federal government has
an overall system of identification numbering for boats within
the United States, the system devised by the board shall conform
with the federal system.
(3) Cooperate with state and federal agencies to promote
uniformity of the laws relating to boating and their enforcement.
(4) Make contracts necessary to carry out the provisions of ORS
830.060 to 830.140, 830.700 to 830.715, 830.725, 830.730,
830.770, 830.780, 830.785, 830.795 to 830.820 and 830.830 to
830.870.
(5) Advise and assist county sheriffs and other peace officers
in the enforcement of laws relating to boating.
(6) Study, plan and recommend the development of boating
facilities throughout the state which will promote the safety and
pleasure of the public through boating.
(7) Publicize the advantage of safe boating.
(8) Accept gifts and grants of property and money to be used to
further the purposes of this chapter.
(9) Exempt from any provisions of this chapter any class of
boats if it determines that the safety of persons and property
will not be materially promoted by the applicability of those
provisions to the class of boats. The board may not exempt from
numbering any class of boats unless:
(a) The board determines that the numbering will not materially
aid in their identification; and
(b) The secretary of the department of the federal government
under which the United States Coast Guard is operating has
exempted from numbering the same boats or classes of boats.
(10) Appoint and require the bonding of agents to issue a
temporary permit to operate a boat. In addition to the prescribed
fees, the agents may charge the following for their services in
issuing the temporary permit:
(a) $2.50 per transaction for calendar years 2008, 2009 and
2010;
(b) $3.75 per transaction for calendar years 2011, 2012 and
2013; and
(c) Beginning in 2014, and every three years thereafter, the
board shall issue an order revising the fee specified in
paragraph (b) of this subsection on January 1, based on changes
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. The board
shall round the amount of the fee to the nearest half-dollar. The
revised fee takes effect on January 1 and applies for the
following three years.
(11) Publish and distribute to the interested public the
boating laws of this state and resumes or explanations of those
laws.
(12) Publish and distribute forms for any application required
under this chapter and require the use of such forms.
(13) Make rules for the uniform navigational marking of the
waters of this state. Such rules shall not conflict with markings
prescribed by the United States Coast Guard. No political
subdivision or person shall mark the waters of this state in any
manner in conflict with the markings prescribed by the board.
(14) Make rules regarding marine toilets and their use
consistent with the prevention and control of pollution of the
waters of this state and not in conflict with the rules of the
Oregon Health Authority or the Environmental Quality Commission.
(15) Institute proceedings to enjoin unlawful obstructions
injuring free navigation on the waters of this state.
(16) Make rules regulating water ski course markers, ski jumps
and other special use devices placed in the waters of this state.
Such rules may regulate the installation and use of the devices
and may require a permit.
(17) Adopt rules necessary to carry out and enforce the
provisions of ORS 830.950 and 830.955. The rules shall include
but need not be limited to:
(a) The kinds of protective covering or physical barriers that
are acceptable to be used between a submersible polystyrene
device and the water.
(b) Guidelines for the use of submersible polystyrene devices
for the repair or maintenance of existing docks or floats.
(18) Adopt rules providing for establishment of a Safe Boating
Education Course to be made available to courts and law
enforcement agencies within this state for use as a sentencing
option for those individuals convicted of boating offenses. The
board shall specify the content of the Safe Boating Education
Course and shall prescribe procedures for making the course
available to local courts and law enforcement agencies, including
procedures for promptly notifying such courts whether individuals
required to enroll in the course have taken and successfully
passed the course. Such rules may provide for administration of
the course through nonprofit organizations, such as the United
States Coast Guard Auxiliary, United States Power Squadrons or
similar groups.
(19) For purposes of ORS 830.175, 830.180, 830.185 and 830.195,
in { - cooperation - } { + agreement + } with the State
Aviation Board, regulate boats that are seaplanes as provided in
ORS 830.605 and 835.200.
SECTION 4. { + The amendments to ORS 830.110, 835.200 and
835.205 by sections 1 to 3 of this 2013 Act apply to rules
adopted, amended or repealed on or after the effective date of
this 2013 Act. + }
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