Bill Text: OR SB851 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the Oregon Board of Maritime Pilots; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-07-03 - Effective date, July 1, 2013. [SB851 Detail]
Download: Oregon-2013-SB851-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 851
Sponsored by Senator JOHNSON (at the request of Oregon Board of
Maritime Pilots)
CHAPTER ................
AN ACT
Relating to the Oregon Board of Maritime Pilots; creating new
provisions; amending ORS 776.105 and 776.365; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 776.105 is amended to read:
776.105. (1) The Oregon Board of Maritime Pilots is established
within the Public Utility Commission of Oregon, and shall consist
of nine members appointed by the Governor for terms of four
years. The appointments of members of the board are subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(2) Three members of the board shall be public members, one of
whom shall act as chairperson of the board. The public members of
the board may not:
(a) During the preceding five years or during their terms of
office, have any interest in the ownership, operation or
management of any tugs, cargo or passenger vessels or in the
carriage of freight or passengers by vessel;
(b) During the preceding five years or during their terms of
office, have any interest in any association or organization
represented under subsection (4) of this section or principally
comprised of persons engaged in commercial pursuits in the
maritime industry as described in paragraph (a) of this
subsection in any capacity; or
(c) Hold or have held a maritime pilot license issued by any
state or federal authority.
(3) Three members shall be licensees under this chapter. One
member shall be a Columbia River bar licensee, one member shall
be a Columbia River licensee and one member shall be a Coos Bay
or Yaquina Bay licensee. A licensee member shall:
(a) Have been licensed for more than three years under this
chapter;
(b) Be actively engaged in piloting; and
(c) Be a resident of this state.
(4) Except as provided in subsection (5) of this section, three
members of the board shall, for at least three years immediately
preceding their appointment, have been and during their terms of
office be engaged in the activities of a person, as defined in
ORS 174.100, that operates or represents commercial oceangoing
vessels.
Enrolled Senate Bill 851 (SB 851-B) Page 1
(5) The Governor may appoint a past or present employee or
commissioner of a port to serve on the board in lieu of one of
the operators or representatives of a commercial oceangoing
vessel under subsection (4) of this section.
(6)(a) The majority of members shall constitute a quorum for
the transaction of all business if at least one member of each
group, as described in subsections (2), (3) and (4) of this
section, is present.
(b) Notwithstanding paragraph (a) of this subsection, when the
board fixes pilotage fees under ORS 776.115 (5) a quorum shall
consist of seven members.
(c) Notwithstanding paragraph (a) of this subsection, for
purposes of ORS 192.610 to 192.690 a quorum shall consist of five
members.
(7) The commission may appoint a member of the commission, or a
designee, as a nonvoting, ex officio member of the board.
(8)(a) The commission is responsible for the administrative
oversight of the board. The responsibilities of the commission
include, but are not limited to:
(A) Budgeting;
(B) Financial management;
(C) Record keeping;
(D) Staffing;
(E) Purchasing and contracting;
(F) Collecting fees; and
(G) Compliance with rulemaking procedures set forth in ORS
chapter 183.
(b) In consultation with the board, the commission shall:
(A) Fix the qualifications of and appoint { + an executive
director and + } an administrative officer for the board; and
(B) Subject to the State Personnel Relations Law, fix the
compensation of the { + executive director and the + }
administrative officer.
SECTION 2. { + Sections 3 and 4 of this 2013 Act are added to
and made a part of ORS chapter 776. + }
SECTION 3. { + (1) Except as provided in subsection (2) of
this section, each licensee under this chapter shall collect a
board operations fee from each vessel using the services of a
licensee. The purpose of the fee is to allow the Oregon Board of
Maritime Pilots to carry out its duties, functions and powers
under this chapter. The fee may not exceed the amount described
in section 4 of this 2013 Act.
(2) The fee described in subsection (1) of this section shall
be collected in the following manner:
(a) For vessels entering or leaving the Columbia River,
licensees for the Columbia River bar pilotage ground shall
collect the fee from inbound vessels and licensees for the
Columbia and Willamette River pilotage ground shall collect the
fee from outbound vessels.
(b) For vessels entering or leaving Coos Bay or Yaquina Bay,
licensees for the Coos Bay or Yaquina Bay pilotage ground shall
collect the fee from inbound and outbound vessels.
(3) The board shall prescribe the procedures for collecting and
remitting the fee imposed under this section.
(4) Each quarter the board shall review the amount of the fee.
If the board determines that the fee should be adjusted, then the
board may adjust the fee subject to:
(a) Prior approval of the Oregon Department of Administrative
Services; and
(b) A report to the Emergency Board. + }
Enrolled Senate Bill 851 (SB 851-B) Page 2
SECTION 4. { + (1) Subject to subsection (2) of this section,
the maximum board operations fee for a vessel is $100.
(2) The Oregon Board of Maritime Pilots shall adjust the amount
of the maximum board operations fee for a vessel each biennium
beginning July 1, 2015, by a proportional amount equal to the
percentage change in the 24-month period prior to the beginning
of the biennium 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. + }
SECTION 5. ORS 776.365 is amended to read:
776.365. The Pilot Account is established in the State
Treasury, separate and distinct from the General Fund. All moneys
received by the Oregon Board of Maritime Pilots under this
chapter shall be deposited in the account. All moneys in the
account are continuously appropriated to the board and the board
may use the moneys only { + to carry out the duties, functions
and powers of the board, + } for the administration and
enforcement of this chapter and for expenses incurred by the
Public Utility Commission in its oversight of the board.
SECTION 6. { + Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by
section 1 (4), chapter 291, Oregon Laws 2013 (Enrolled House Bill
5043), 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 Public
Utility Commission of Oregon, is increased by $449,173 for the
purpose of carrying out sections 3 and 4 of this 2013 Act and the
amendments to ORS 776.105 and 776.365 by sections 1 and 5 of this
2013 Act. + }
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 July 1,
2013. + }
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Passed by Senate June 13, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 19, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 851 (SB 851-B) Page 3
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 851 (SB 851-B) Page 4
