The Process
During
even numbered years, Marine Board staff propose legislative concepts to its
five-member Board based on feedback from stakeholders, and partners, to improve recreational boating laws and
services. Legislative concepts approved by the Marine Board are
submitted to the Department of Administrative Services (DAS). After
review from DAS, legislative concepts are forwarded to the Governor's
Office for consideration. If legislative concepts are approved by the
Governor's Office, they move to Legislative Counsel to be drafted into bills.
The Marine Board and the Governor often give a final review after
the bills are drafted. This process began in January and runs through
October, 2018. Draft bill language is generally available by September or October, 2018.
The agency will also meet
with stakeholders, by hosting open houses around the
state to gather feedback on the concepts.
Here's what the agency
is bringing forward during the 2019 Legislative Session based on what
boaters, partners and other stakeholders have asked for since the last full legislative session:
Waterway
Access Account: Creates
a dedicated account to increase waterway access to all of Oregon’s waterways.
The permit that funds this account would be required on all boats 10’ and over
except motorboats and sailboats with valid registration decals. This is
identical to the current requirement for non-motorized boats to carry the
Aquatic Invasive Species Permit (AIS permit), and in this concept the Waterway
Access Permit would replace the AIS permit for non-motorized boats. Permits
would be transferrable to other non-motorized boats and children under 14 would
not need a permit. Revenue will be used to support boating facility grants for
state, local governments, tribal and park organizations for the acquisition of
property, leases, or easements in order for the public to access waterways and
construction and maintenance of boating access facilities. Funds would also be available for public
bodies and non-profit entities to develop safety education courses and to
purchase boating equipment to reduce barriers for underserved communities who
wish to recreate on Oregon’s waterways.
Floating
Properties: Updates the definitions of “floating home” and
“boathouse” and add a definition of “floating property” to include structures
such as floating home, recreational cabin, floating restaurants, floating
combination property.
Aquatic
Invasive Species: Gives law enforcement the authority to require
drivers who by-pass an open inspection station to return to the station for
inspection/decontamination. Requires boaters to “pull the plug” after
retrieving their boat and before transporting the boat over land.
Livery
Program: Requires boat liveries (boat rental businesses) to
register with the Marine Board. Businesses will provide basic information about
the business and types of boats they rent. The information will be used for
outreach and education in an effort to reduce accidents and fatalities. Failure to register would be a Class B violation ($265).
Outfitter/
Guide/ Charter Boat Program Updates:
Creates a crewman designation for deckhands and helpers (for fishing
guides/ charters) at a reduced fee ($25 annually vs. current $150 for anyone who assists
with fishing). This concept also changes the registration cycle from one year to two years. Restructures the Charter program to include outfitter guide registrations for the operators. Establishes $10,000
bond requirement for all hunting guides.
Boater
Education Card: Requires all
people to complete an approved boating safety course as defined in ORS 830.084
prior to operating a boat with a motor greater than 10 hp and remove the 60-day
exemption for people who purchase a new or used boat. Out-of-state visitors would be required to
complete the level of education required in their home state of
registration. Additionally, commercial
fishing licenses would no longer be an exemption from the boater education requirements when operating recreationally.
Boating
Safety Laws: Enables courts and the Marine Board to suspend the
Boater Education Card for convictions for BUII for one to three years and
enables suspension of the boater education card for one year for a conviction
of reckless boating. Updates the language
for reckless boating to the standard used in the motor vehicle code. Changes fine for not carrying a life jacket
from a B violation ($265) to a D violation ($115).
Boating Related Services, Program Fees. Registration fees would increase from $4.50
per foot to $5.95 per foot, a 33% increase. The fee increase would be
implemented in 2020, or five years since last fee increase (2015). New title and
title transfer fees would increase from $50 to $75. Increases fees for boater education card from
$10 to $20 and a
replacement boater education card from $8 to $16. These fees have remained the same for nearly two decades.