Bill Text: OR SB602 | 2013 | Regular Session | Enrolled
Bill Title: Relating to Waldo Lake; and declaring an emergency.
Spectrum: Strong Partisan Bill (Democrat 30-2)
Status: (Passed) 2013-05-24 - Effective date, May 16, 2013. [SB602 Detail]
Download: Oregon-2013-SB602-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 602
Sponsored by Senator PROZANSKI, Representative HOLVEY, Senator
BEYER; Senators BATES, BURDICK, COURTNEY, DEVLIN, DINGFELDER,
EDWARDS, HASS, KNOPP, MONNES ANDERSON, MONROE, ROSENBAUM,
SHIELDS, STEINER HAYWARD, Representatives BAILEY, BARNHART,
BARTON, BUCKLEY, CLEM, DEMBROW, DOHERTY, FREDERICK, GALLEGOS,
GELSER, KENY-GUYER, LIVELY, NATHANSON, OLSON, REARDON,
WILLIAMSON
CHAPTER ................
AN ACT
Relating to Waldo Lake; creating new provisions; amending ORS
830.110, 830.185, 830.990 and 835.205; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 830. + }
SECTION 2. { + (1) Except as provided in subsections (2) and
(3) of this section, a person may not use a motor to propel a
boat on Waldo Lake or use a seaplane to land on or take off from
Waldo Lake.
(2) Subsection (1) of this section does not apply to the
Department of State Police and any other public body, as defined
in ORS 174.109, that has jurisdiction over the lake.
(3) Subsection (1) of this section does not apply to boats
propelled by an electric motor when operated at a speed of less
than 10 miles per hour. + }
SECTION 3. ORS 830.185 is amended to read:
830.185. (1) { - No person shall - } { + A person may
not + } operate a boat with an outboard or inboard motor at a
speed in excess of 10 miles per hour during those hours of the
day and on those days of the year that it is lawful to fish, on
East Lake, Paulina Lake and Elk Lake in Deschutes County; Magone
Lake in Grant County; Timothy Lake in Clackamas County; and Davis
Lake in Deschutes and Klamath Counties.
(2) { - No person shall - } { + A person may not + }
operate a boat with an outboard or inboard motor at a speed in
excess of 10 miles per hour on the following named waters of this
state located in the counties named:
_________________________________________________________________
CountiesLakes and Reservoirs
ClackamasOn that portion of the waters of the reservoir known as
North Fork Reservoir which lies upstream from a line
drawn across the reservoir at right angles to the thread
Enrolled Senate Bill 602 (SB 602-A) Page 1
of the stream at a point 2.3 miles upstream from the
North Fork Dam measured along the thread of the stream
DeschutesHosmer, Lava, Little Cultus, Little Lava, Sparks Lakes
and Crane Prairie Reservoir
JeffersonOn that portion of the waters behind Pelton Dam, known
as Lake Simtustus, which lies upstream from a line drawn
across the lake at right angles to the thread of the
stream at a point 0.85 miles upstream from the Pelton
Dam measured along the thread of the stream
Klamath That portion of Upper Klamath Lake that lies west of a
line beginning at a point on the north shore of Pelican
Bay one-quarter mile east of Crystal Creek and extending
due south to the opposite shore of the lake; any stream,
creek or canal that leads into the portion of Upper
Klamath Lake described above including Crystal Creek,
Recreation Creek and Four-Mile Creek, also known as
Harriman Creek
Lane Waldo Lake
Linn Smith and Trailbridge Reservoirs
Wasco Clear Lake
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(3)(a) The State Marine Board shall establish an appropriate
decibel rating and speed restriction on Diamond Lake in Douglas
County to allow recreational boating that is not limited to
fishing. Recreational boating does not include operating a jet
ski or similar personal watercraft. The speed established by the
board:
(A) May not exceed 45 miles per hour between the hours of 9
a.m. and 6 p.m.;
(B) May not exceed 10 miles per hour between the hours of 6
p.m. and 9 a.m.; and
(C) Shall be restricted to 10 miles per hour at all times in
any area within 200 yards of any boat ramp, boat dock, swimming
area, inlet or outlet of the lake, designated campground or
summer home.
(b) The board shall reduce the speed restriction on Diamond
Lake to 10 miles per hour at all hours when the State Fish and
Wildlife Director determines that the health of Diamond Lake is
restored and the lake can be restocked for fishing.
SECTION 4. ORS 830.990 is amended to read:
830.990. (1)(a) Violation of ORS 830.565 by a person operating
a manually propelled boat is a Class D violation.
Notwithstanding ORS 153.019, the presumptive fine for a violation
of ORS 830.565 is $30.
(b) Violation of ORS 830.565 by a person operating a motorboat
is punishable as a Class D violation. Notwithstanding ORS
153.019, the presumptive fine for a violation of ORS 830.565 is
$50.
(2) A person who violates ORS 830.050, 830.088, 830.090,
830.092, 830.094, 830.230, 830.415, 830.710, 830.720, 830.770,
830.780, 830.810, 830.850 or 830.855, or rules adopted to carry
out the purposes of those statutes, commits a Class D violation.
(3) A person who violates ORS 830.220, 830.240, 830.245,
830.250, 830.375, 830.475 (4), 830.480, 830.785, 830.805 or
830.825, or rules adopted to carry out the purposes of those
statutes, commits a Class C violation.
Enrolled Senate Bill 602 (SB 602-A) Page 2
(4) A person who violates ORS 830.110, 830.175, 830.180,
830.185, 830.195, 830.210, 830.215, 830.225, 830.235, 830.260,
830.300, 830.315 (2) and (3), 830.335, 830.340, 830.345, 830.350,
830.355, 830.360, 830.362, 830.365, 830.370, 830.410, 830.420,
830.495, 830.560, 830.775, 830.795 or 830.830 { + or section 2
of this 2013 Act + }, or rules adopted to carry out the purposes
of those statutes, commits a Class B violation.
(5) A person who violates ORS 830.305 or 830.390, or rules
adopted to carry out the purposes of those statutes, commits a
Class A violation.
(6) A person who violates ORS 830.383 or 830.909 commits a
Class B misdemeanor.
(7) A person who violates ORS 830.035 (2), 830.053, 830.315
(1), 830.325, 830.475 (1), 830.730 or 830.955 (1) commits a Class
A misdemeanor.
(8) A person who violates ORS 830.475 (2) commits a Class C
felony.
SECTION 5. 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;
Enrolled Senate Bill 602 (SB 602-A) Page 3
(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 { + and section 2 of this 2013 Act + }, in cooperation
with the State Aviation Board, regulate boats that are seaplanes
as provided in ORS 830.605 and 835.200.
SECTION 6. ORS 835.205 is amended to read:
835.205. For purposes of ORS 830.175, 830.180, 830.185 and
830.195 { + and section 2 of this 2013 Act + }, the Oregon
Department of Aviation, in cooperation with the State Marine
Enrolled Senate Bill 602 (SB 602-A) Page 4
Board, shall regulate boats that are seaplanes as provided in ORS
830.605 and 835.200.
SECTION 7. { + 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. + }
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Passed by Senate March 25, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 13, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 602 (SB 602-A) Page 5
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 Senate Bill 602 (SB 602-A) Page 6
