reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 772 - Rights of Way for Public Uses › Section 772.620 - Placement of pipeline facilities.

(1) Whenever a pipeline or appurtenance used in conjunction with the underground storage of natural gas in an underground reservoir is laid along a public road, it shall be placed as closely as practicable to the extreme outside edge of the right of way of the road.
(2) Such pipeline or appurtenance shall not be located under or pass through or under any cemetery, church, college, schoolhouse, residence, business or storehouse, or through or under any building in this state, except by the consent of the owner thereof.
(3) When cultivated lands are appropriated under ORS 772.615, such pipelines shall be well buried underground, at least 20 inches under the surface, which shall be properly and promptly restored by the natural gas company unless otherwise consented to by the owner of the land.
(4) When unimproved lands are appropriated under ORS 772.615 and thereafter become cultivated or improved, such pipelines shall be buried by the natural gas company as provided in subsection (3) of this section, within a reasonable time after notice by the owner of such lands, or the agent of the owner, to the natural gas company or its agent. [1977 c.296 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 772 - Rights of Way for Public Uses › Section 772.625 - Resolution showing proposed route and termini of pipeline.

(1) Prior to the filing of any condemnation action under ORS 772.615, the natural gas company shall adopt a resolution showing the approximate route and termini of any proposed pipeline, or the extension or branch of any existing pipeline, to be used in conjunction with the underground storage of natural gas, and showing the location and formation of any underground reservoir to be used for the underground storage of natural gas.
(2) A copy of this resolution shall be filed in the office of the Secretary of State, and also in the office of the county clerk of each county or counties where such pipeline, extension or branch of an existing pipeline, or underground reservoir is proposed to be constructed or utilized for the underground storage of natural gas, and also published in a newspaper of general circulation in each county. [1977 c.296 §11]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.010 - Definitions.

As used in this chapter, except as otherwise specifically provided or unless the context requires otherwise:
(1) "Board" means the Citizens’ Utility Board of Governors.
(2) "Consumer" or "utility consumer" means any natural person 18 years of age or older who is a resident of the State of Oregon.
(3) "District" means an electoral district for members of the Citizens’ Utility Board of Governors.
(4) "Member" means a member of the Citizens’ Utility Board.
(5) "Utility" means any utility regulated by the Public Utility Commission pursuant to ORS chapters 757 and 759, which furnishes electric, telephone, gas or heating service. However, "utility" does not include any municipality, cooperative, or people’s utility district. [1985 c.1 §2; 1987 c.447 §102]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.020 - Policy.

The people of the State of Oregon hereby find that utility consumers need an effective advocate to assure that public policies affecting the quality and price of utility services reflect their needs and interests, that utility consumers have the right to form an organization which will represent their interests before legislative, administrative and judicial bodies, and that utility consumers need a convenient manner of contributing to the funding of such an organization so that it can advocate forcefully and vigorously on their behalf concerning all matters of public policy affecting their health, welfare and economic well-being. [1985 c.1 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.030 - Citizens’ Utility Board; powers.

(1) The Citizens’ Utility Board is hereby created as an independent nonprofit public corporation and is authorized to carry out the provisions of this chapter.
(2) The Citizens’ Utility Board has perpetual succession and it may sue and be sued, and may in its own name purchase and dispose of any interest in real and personal property, and shall have such other powers as are granted to corporations by ORS 65.077. No part of its net earnings shall inure to the benefit of any individual or member of the Citizens’ Utility Board.
(3) The Citizens’ Utility Board shall have all rights and powers necessary to represent and protect the interests of utility consumers, including but not limited to the following powers:
(a) To conduct, fund or contract for research, studies, plans, investigations, demonstration projects and surveys.
(b) To represent the interests of utility consumers before legislative, administrative and judicial bodies.
(c) To accept grants, contributions and appropriations from any source, and to contract for services.
(d) To adopt and modify bylaws governing the activities of the Citizens’ Utility Board. [1985 c.1 §3; 1989 c.1010 §179]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.040 - Membership on board.

(1) All consumers are eligible for membership in the Citizens’ Utility Board. A consumer shall become a member of the Citizens’ Utility Board upon contribution of at least $5 but not more than $100 per year to the Citizens’ Utility Board. Each member shall be entitled to cast one vote for the election of the Citizens’ Utility Board of Governors. The board shall establish a method whereby economically disadvantaged individuals may become members of the Citizens’ Utility Board without full payment of the yearly contribution.
(2) Each year the Citizens’ Utility Board shall cause to be prepared, by a certified public accountant authorized to do business in this state, an audit of its financial affairs. The audit is a public record subject to inspection in the manner provided in ORS 192.311 to 192.478. [1985 c.1 §9]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.060 - Board of Governors; duties; executive committee.

The Citizens’ Utility Board of Governors shall manage the affairs of the Citizens’ Utility Board. The board may delegate to an executive committee composed of not fewer than five members of the board the authority as would be allowed by ORS 65.354. [1985 c.1 §4; 1989 c.1010 §180]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.110 - Meetings.

All meetings of the Citizens’ Utility Board of Governors shall be open to the public, except under the same circumstances in which a public agency would be allowed to hold executive meetings under ORS 192.660. [1985 c.1 §8]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.120 - Inclusion of information in utility billings; frequency; notice; duty of utility to forward board mail.

(1) Upon request by the Citizens’ Utility Board pursuant to this section, each utility shall include in billings to a utility consumer materials prepared and furnished by the Citizens’ Utility Board, not exceeding in folded size the dimensions of the envelope customarily used by such utility to send billings to its customers.
(2) The Citizens’ Utility Board shall not intentionally make any false material statement in any material submitted to a utility for inclusion with a billing. If the utility believes that the Citizens’ Utility Board has intentionally made false material statements in an enclosure, it may file a complaint with the Public Utility Commission of Oregon within five days of receipt. The Public Utility Commission of Oregon must review the complaint within 10 days, and if the commission determines that the Citizens’ Utility Board has intentionally made false material statements, the commission shall give the Citizens’ Utility Board of Governors written notification that specifies any false material statements made and the reasons why the commission determines the statements to be false.
(3) No utility shall be required to enclose Citizens’ Utility Board material with a billing more than six times in any calendar year.
(4) The Citizens’ Utility Board shall notify a utility of its intention to include under the provisions of this chapter any material in any specified periodic billing or billings not fewer than 30 calendar days prior to the mailing of the periodic billings and shall supply the utility with the material not fewer than 20 calendar days prior to the mailing of the periodic billings.
(5) All material submitted by the Citizens’ Utility Board for inclusion in a utility billing must include the return address of the Citizens’ Utility Board. A utility is not required to deliver or forward to the Citizens’ Utility Board material intended for the Citizens’ Utility Board mistakenly sent to the utility. However, a utility shall retain such materials for a period of 60 days from the date of receipt. The utility shall notify the Citizens’ Utility Board that such materials have been received and make these materials available to the Citizens’ Utility Board on demand. [1985 c.1 §10]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.130 - Mailing costs; reimbursement.

(1) The Citizens’ Utility Board shall not be required to pay any postage charges for materials submitted by the Citizens’ Utility Board for inclusion in a utility billing if such materials weigh four-tenths of one ounce avoirdupois or less. If the materials submitted weigh over four-tenths of one ounce avoirdupois, then the Citizens’ Utility Board shall reimburse the utility for a portion of the postage costs which is equal to that portion of the Citizens’ Utility Board material over four-tenths of one ounce avoirdupois in proportion to the total weight of the billing. In addition to postage costs, the Citizens’ Utility Board shall reimburse such other reasonable costs, as determined by the Public Utility Commission of Oregon, incurred by a utility in complying with ORS 774.120.
(2) Reimbursement of a utility by the Citizens’ Utility Board shall be made within 60 days of the date the utility submits to the Citizens’ Utility Board an itemized statement of the costs incurred by the utility. In no event shall such reimbursement exceed the fair market value for the services provided by the utility. [1985 c.1 §11]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.140 - Interference with mailings or contributions.

(1) No utility, nor any of its employees, officers, members of the board of directors, agents, contractors or assignees, shall in any manner interfere with, delay, alter or otherwise discourage the distribution of any material or statement authorized by the provisions of this chapter for inclusion in periodic utility billings, nor in any manner interfere with, hamper, hinder or otherwise infringe upon a utility consumer’s right to contribute to Citizens’ Utility Board, nor in any manner hamper, hinder, harass, penalize or retaliate against any utility consumer because of the consumer’s contribution to, or participation in, any activities of the Citizens’ Utility Board.
(2) No utility may change its mailing, accounting, or billing procedures if such change will hamper, hinder, or otherwise interfere with the ability of the Citizens’ Utility Board to distribute materials or statements authorized by this chapter. [1985 c.1 §12]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.160 - Disposition of complaints.

Citizens’ Utility Board may submit to the appropriate agency any complaint it receives regarding a utility company. Public agencies shall periodically inform Citizens’ Utility Board of any action taken on complaints received pursuant to this section. [1985 c.1 §13]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.180 - Intervention in agency proceedings affecting utility consumers; standing to obtain judicial or administrative review.

Notwithstanding any other provision of law:
(1) Whenever the board determines that any agency proceeding may affect the interests of utility consumers, Citizens’ Utility Board may intervene as of right as an interested party or otherwise participate in the proceeding.
(2) Citizens’ Utility Board shall have standing to obtain judicial or administrative review of any agency action, and may intervene as of right as a party or otherwise participate in any proceeding which involves the review or enforcement of any action by an agency, if the board determines that the action may affect the interests of utility consumers. [1985 c.1 §14]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.190 - Applicability of certain laws to board; protection from liability.

(1) ORS 279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 278, 279A, 279B, 279C, 282, 283, 291, 292, 293, 295 and 297 do not apply to Citizens’ Utility Board or to the administration and enforcement of this chapter. An employee of Citizens’ Utility Board is not considered an "employee" as the term is defined in the public employees retirement laws. Citizens’ Utility Board and its employees are exempt from the provisions of the State Personnel Relations Law.
(2) ORS chapter 183 does not apply to determinations and actions by the board.
(3) The board, and any of the officers, employees, agents or members of Citizens’ Utility Board shall be provided the same protections from liability as the board, officers, employees, agents, or members of any nonprofit corporation of the State of Oregon. [1985 c.1 §15; 2003 c.794 §330; 2012 c.107 §71]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.210 - Remedies; attorney fees.

(1) Any utility, and any of its employees, officers, members of the board of directors, agents, contractors or assignees which does, or causes or permits to be done, any matter, act or other thing prohibited by this chapter, or omits to do any act, matter or other thing required to be done by this chapter, is liable for any injury to Citizens’ Utility Board and to any other person in the amount of damages sustained in consequence of such violation. The court may award reasonable attorney fees to the prevailing party in an action under this section.
(2) Citizens’ Utility Board may obtain equitable relief, without bond, to enjoin any violation of this chapter.
(3) Any recovery or enforcement obtained under this section shall be in addition to any other recovery or enforcement under this section or under any statute or common law. Any recovery under this section shall be in addition to recovery by the state of the penalty or fine prescribed for such violation by this chapter. The rights and remedies provided by this chapter shall be in addition to all other rights and remedies available under law. [1985 c.1 §16; 1995 c.618 §136]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 774 - Citizens’ Utility Board › Section 774.250 - Severability.

If any section, portion, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional the remaining sections, portions, clauses and phrases shall not be affected but shall remain in full force or effect, and to this end the provisions of this chapter are severable. [1985 c.1 §18]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.015 - Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Board" means the Oregon Board of Maritime Pilots.
(2) "Licensee" means an individual licensed under ORS 776.115.
(3) "Organization of pilots" means any legal entity or association to which licensees belong as members, or with which licensees are associated, that is formed for cooperative performance of functions including, but not limited to, the dispatching of licensees and trainees, collection of pilotage fees, ownership and operation of pilot boats, distribution of earnings of licensees and trainees, and education and training so as to facilitate the rendition of pilotage services by individual licensees and trainees.
(4) "Pilotage," "piloting" or "to pilot" means the actions of a licensee or trainee in assisting the master of a vessel under ORS 776.405 while the vessel is on, approaching or departing a pilotage ground, and the associated communication with the vessel.
(5) "Trainee" means a person the board has licensed under ORS 776.300 and who has met the requirements of ORS 776.540. [1957 c.448 §1; 1981 c.88 §2; 1983 c.330 §1; 1993 c.741 §110; 1993 c.796 §1; 2001 c.403 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.025 - Description of bar and river pilotage grounds.

Except as may be established by the Oregon Board of Maritime Pilots under ORS 776.115 (3), bar and river pilotage grounds shall be as follows:
(1) The Columbia River bar pilotage ground extends from a line across the Columbia River along 123° 44" 00’ west longitude, then downstream to the open ocean at the entrance to the Columbia River, and includes the navigable waters encompassed by the following boundaries: Beginning at the ocean shore at a point that is 46° 19" 06’ north latitude, 124° 04" 06’ west longitude; then proceeding due west a distance of five miles to a point that is 46° 19" 06’ north latitude, 124° 11" 42’ west longitude; then proceeding on an arc in a southerly and southeasterly direction that is two miles west of and parallel to the Three Nautical Mile Line, as determined by the National Oceanic and Atmospheric Administration’s Office of Coast Survey, to a southernmost point that is 46° 09" 06’ north latitude, 124° 05" 36’ west longitude; then due east to shore.
(2) The Columbia and Willamette River pilotage ground extends from the head of navigation on the Columbia and Willamette Rivers and their tributaries; then downstream to the line across the Columbia River 123° 55" 00’ west longitude.
(3) The Coos Bay bar pilotage ground extends from the head of navigation on Coos Bay and its tributaries; then downstream to the open ocean at the entrance to Coos Bay and includes the navigable ocean area encompassed by the following boundaries: Beginning at the ocean shore; then west along the line of latitude 43° 24" 00’ north to the intersection with the line of longitude 124° 22" 00’ west; then southwest on a line to the point that is 43° 22" 00’ north latitude, 124° 24" 00’ west longitude; then southeast on a line to the point that is 43° 20" 00’ north latitude, 124° 22" 00’ west longitude.
(4) The Yaquina Bay bar pilotage ground extends from the head of navigation on Yaquina Bay and its tributaries; then downstream to the open ocean at the entrance to Yaquina Bay and includes the navigable ocean area encompassed by the following boundaries: Beginning at the ocean shore; then west along the line of latitude 44° 39" 00’ north to the intersection with the line of longitude 124° 08" 00’ west; then south along the line of longitude 124° 08" 00’ west to the intersection with the line of latitude 44° 35" 00’ north; then east along the line of latitude 44° 35" 00’ north to the ocean shore. [1957 c.448 §2; 1993 c.741 §112b; 1993 c.796 §1a; 2011 c.157 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.028 - Columbia River bar precautionary zone.

The Columbia River bar precautionary zone is established. The Columbia River bar precautionary zone extends seaward of the Columbia River bar pilotage ground, lying between the western boundary of the Columbia River bar pilotage ground, and the line drawn as follows: Beginning on shore at a point that is 46° 26" 00’ north latitude, 124° 03" 24’ west longitude; then proceeding due west to a point that is 46° 26" 00’ north latitude, 124° 20" 48’ west longitude; then proceeding southwesterly and then southeasterly along the United States 12 nautical mile territorial sea boundary line to a point on that boundary that is 46° 04" 18’ north latitude, 124° 14" 06’ west longitude; then due east to shore. [2011 c.157 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.035 - Findings.

The Legislative Assembly finds that:
(1) In order to implement the policies described and inherent in ORS 196.420, 273.553, 465.205, 466.010 and 468B.015 and ORS chapter 274, it is necessary to establish precautionary measures.
(2) Only individuals who have experience and can demonstrate knowledge of currents, tides, soundings, bearings and distances of the shoals, rocks, bars, points of landings, lights and fog signals should direct a large vessel on certain waters of this state. [1991 c.234 §2; 1997 c.16 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.045 - Deck officer requirements.

(1) All vessels required by ORS 776.405 (1) to engage a licensee under this chapter shall, at all times while underway upon any of the pilotage grounds established under ORS 776.025 or 776.115, have at least two licensed deck officers on the navigation bridge of the vessel, one of whom meets the requirements of ORS 776.405 (1).
(2) The only duties of the licensed deck officer required under ORS 776.405 (1) shall be to monitor and direct safe navigation of the vessel during transit on the waters of this state. [1991 c.234 §4; 1993 c.796 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.118 - Additional authority of board.

In addition to its authority under ORS 776.115, the Oregon Board of Maritime Pilots may:
(1) Establish pilotage requirements for all single boiler or single engine and single screw tank vessels carrying oil in pilotage grounds;
(2) Review and, if appropriate, reduce deadweight tonnage specifications for pilotage service for vessels carrying oil;
(3) Establish regional speed limits, based on escort vehicle limitations, for all tank vessels in inland navigable waters and critical approaches to inland navigable waters; and
(4) Establish a program for a near-miss reporting system. [1991 c.651 §21; 1993 c.796 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.123 - Subpoenas.

(1) The Oregon Board of Maritime Pilots may issue subpoenas to compel the attendance of witnesses and the production of records, documents, books, papers, memoranda or other information necessary to conduct an investigation under ORS 776.115, 776.375 or 776.405.
(2) If a person fails to comply with a subpoena issued under this section, a judge of the circuit court, on the application of the board, shall compel obedience by instituting proceedings for contempt in the same manner that the court would institute proceedings for contempt when a person fails to comply with a subpoena in a civil action. [2009 c.280 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.126 - Inspection of premises, ship or facility.

(1) When conducting an investigation under ORS 776.115, 776.375 or 776.405, the Oregon Board of Maritime Pilots or its authorized representative may enter and investigate a premises, ship or facility.
(2) When conducting an investigation under subsection (1) of this section, the board or its authorized representative may:
(a) Examine the records, documents, books, papers, memoranda or other information kept at the premises, ship or facility.
(b) Examine under oath an officer, agent or employee of the premises, ship or facility.
(3) If the board or its authorized representative is inspecting a premises, ship or facility that is not open to the public, the board or the representative shall present credentials to the owner or occupant of the premises, ship or facility and obtain the consent of the owner or occupant before conducting the inspection. If the owner or occupant denies entry to the premises, ship or facility, the board or the representative must obtain a warrant to conduct the inspection.
(4) The board or its authorized representative may use information obtained during an investigation only to fulfill the board’s duties under ORS 776.115, 776.375 or 776.405. [2009 c.280 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.129 - Administrative law judge for rate hearings; recommendations from other agencies; assessing costs and expenses of hearing.

(1) When the Oregon Board of Maritime Pilots establishes rates described in ORS 776.115 (5), the board shall contract with and compensate the Public Utility Commission of Oregon for the use of administrative law judges assigned by the commission to conduct the rate proceeding. Notwithstanding ORS 183.413 to 183.470, an administrative law judge shall conduct the proceeding in compliance with procedures adopted by the board by rule. The administrative law judge and the board may receive and consider recommendations made by the Oregon Business Development Department and the Port of Portland.
(2) The board may defray the costs and expenses of the hearing by assessing, in its final order, all or a portion of the costs and expenses of the hearing to a party to the hearing. [1987 c.775 §2; 1989 c.171 §85; 1989 c.293 §1; 1993 c.741 §112a; 1993 c.796 §6; 1999 c.849 §§178,179; 2003 c.75 §63; 2003 c.619 §2; 2007 c.288 §17]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.135

[Subsection (1) enacted as part of 1957 c.448 §5; subsection (2) enacted as 1957 c.448 §24; 1971 c.734 §184; 1983 c.313 §1; repealed by 1993 c.796 §23]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.300 - Trainee license; qualifications; assignment for training; rules.

(1) No person shall be licensed as a trainee under this chapter unless the person meets the experience and educational requirements established by the Oregon Board of Maritime Pilots by rule including provisions pursuant to a program to carry out ORS 243.305 and 776.115 (2).
(2) The board shall assign trainees to organizations of pilots licensed under ORS 776.311. Trainees shall be trained to become licensees by one or more organizations of pilots. The board may adopt by rule training requirements. [1981 c.88 §7; 1993 c.796 §7]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.311 - Organizations licensed to train pilots.

(1) No organization of pilots shall be licensed to train persons to be pilots under this chapter unless the organization:
(a) Has members who are licensed to pilot under ORS 776.325; and
(b) Meets other requirements established by the Oregon Board of Maritime Pilots.
(2) The board shall license at least one pilot organization on each pilotage ground.
(3) Organizations of pilots shall train only persons who are licensed as trainees and have been assigned for training by the board under ORS 776.300. [1993 c.796 §8b]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.325 - Qualifications of licensees.

(1) No person shall be licensed to pilot under this chapter unless the person:
(a) Was licensed as a trainee or licensee prior to submitting an application to be licensed to pilot and has met the training requirements established by the Oregon Board of Maritime Pilots; and
(b) Possesses the requisite skill and the experience as a navigator and pilot, as demonstrated by satisfactory performance on such written examinations as the board may prescribe, together with practical knowledge of the currents, tides, soundings, bearings and distances of the several shoals, rocks, bars, points of landings, lights and fog signals of or pertaining to the navigation of the pilotage ground for which application is made for a license to pilot.
(2) An applicant for a license over any river pilotage ground must have at least six months’ continuous experience, as determined by the board, as a trainee on vessels subject to ORS 776.405 piloting oceangoing vessels over the pilotage ground for which application is made, prior to making application for a license, and must have had the necessary experience in handling oceangoing vessels through the bridges, under varying conditions with and without towboats.
(3) An applicant for a license on bar pilotage grounds shall satisfy the board that the applicant has means available for boarding and leaving vessels which the applicant may be called upon to pilot. [1957 c.448 §15; 1973 c.827 §82; 1981 c.88 §8; 1983 c.313 §2; 1985 c.32 §2; 1993 c.796 §8]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.355 - License fees; rules.

(1) Except as provided in subsection (2) of this section, each licensee under this chapter shall pay an annual license fee to the Oregon Board of Maritime Pilots not to exceed the amount established under ORS 776.115. Subject to prior approval of the Oregon Department of Administrative Services, the amount of the fee shall be adjusted by the Oregon Board of Maritime Pilots to finance costs as defined by the legislatively approved budget, as it may be modified by the Emergency Board.
(2) The Oregon Board of Maritime Pilots by rule may establish reduced license fees for those individuals who engage in pilotage activities on less than a full-time basis. However, in no event shall the fee be less than $50. [1957 c.448 §22; 1963 c.105 §2; 1973 c.832 §68; 1977 c.40 §2; 1979 c.11 §2; 1981 c.88 §9; 1983 c.313 §4; 1985 c.271 §2; 1989 c.293 §2; 1991 c.466 §1; 1991 c.703 §41; 1993 c.796 §9; 2023 c.602 §31]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.357 - Maximum maritime pilot license fee.

(1) The maximum annual license fee for a maritime pilot is $2,500 for the biennium beginning July 1, 2007.
(2) The Oregon Board of Maritime Pilots shall adjust the amount of the maximum annual license fee for a maritime pilot for each subsequent biennium by a proportional amount equal to the percentage change in the 24-month period prior to the beginning of the biennium in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. [2007 c.621 §2; 2019 c.57 §34]
Note:
776.357 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 776 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.365 - Pilot Account; uses.

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. [1957 c.448 §23; 1983 c.740 §256; 2007 c.768 §68; 2013 c.539 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.375 - Disciplinary proceedings; administrative procedures; judicial review.

(1) Where the Oregon Board of Maritime Pilots proposes to refuse to issue or renew a license to pilot, or proposes to revoke or suspend a license or proposes to issue a written reprimand, opportunity for hearing shall be accorded as provided in ORS chapter 183.
(2) Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be as provided in ORS chapter 183. Contested case hearings shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. [1971 c.734 §186; 1981 c.88 §14; 1993 c.796 §10; 1999 c.849 §§181,182; 2003 c.75 §64]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.405 - License required; exemptions.

(1)(a) Except as set forth in paragraph (c) of this subsection, a person may not pilot any vessel upon any of the pilotage grounds established under ORS 776.025 or 776.115 without being a licensee under this chapter or a trainee under the onboard supervision of a licensee under this chapter.
(b) Except as set forth in paragraph (c) of this subsection, a person may not pilot any vessel in the Columbia River bar precautionary zone, either to enter or depart the Columbia River bar pilotage ground, except pursuant to instructions from a licensee under this chapter for the Columbia River bar pilotage ground, provided however that the master of a vessel transiting the Columbia River bar precautionary zone remains at all times in full command of the vessel and is responsible to take all reasonable steps to safely navigate the Columbia River bar precautionary zone.
(c) Paragraphs (a) and (b) of this subsection do not apply to:
(A) The master of a vessel under fishery, recreational or coastwise endorsement provided under 46 U.S.C. chapter 121;
(B) A vessel registered with the State Marine Board or a similar licensing agency of another state;
(C) The master of a foreign registered fishing or recreational vessel, exempted by the Oregon Board of Maritime Pilots, of not more than 100 feet in length or 250 gross tons international; or
(D) United States flag towing vessels under 200 gross tons domestic and their towed barges of 10,000 gross tons domestic or less, excluding tank vessels as defined by ORS 468B.300, that are engaged in the foreign trade between British Columbia and the Coos Bay bar pilotage ground established by ORS 776.025 (3), provided that the towing vessel is under the navigational control of a person holding the federal mariner license required for the towing vessel when operating under a coastwise endorsement.
(2) A licensee under this chapter is at all times the servant of the vessel being piloted and its owners and operators. [1957 c.448 §25(1); 1973 c.650 §1; 1983 c.330 §3; 1985 c.34 §3; 1991 c.234 §3; 1993 c.796 §11; 2001 c.104 §296; 2011 c.157 §4; 2017 c.292 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.415 - Compensation of licensees determined by law.

No licensee shall demand or receive any greater, lesser or different compensation for piloting a vessel upon any of the pilotage grounds than is allowed by law. [1957 c.448 §25(2); 1993 c.796 §12]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.425 - Authority of licensees generally; compensation.

Within the scope of the license, a licensee may pilot any vessel and demand and receive therefor the compensation allowed by law. [1957 c.448 §20(1); 1973 c.650 §2; 1985 c.32 §3; 1993 c.796 §13]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.435 - Refusing services of licensee; liability for pilotage fee.

The master or person in charge of any vessel may refuse to accept the services of any particular licensee and shall call for another licensee, in which case the vessel and the owners, operators and agents of the vessel are liable only for the services of the licensee employed. [1957 c.448 §20(2); 1983 c.330 §2; 1991 c.234 §5; 1993 c.796 §14]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.445 - Liability of certain persons for licensee’s compensation.

In addition to the lien of the licensee upon the vessel for any sum due for piloting, the master, owner and consignee or agent are jointly and severally liable to the licensee therefor. [1957 c.448 §21; 1993 c.796 §15]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.455 - Exhibition of license on boarding vessel.

On boarding a vessel and if required by the master thereof, a licensee shall exhibit the license before the licensee is authorized to perform a piloting assignment. [1957 c.448 §19; 1993 c.796 §16]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.510 - Declaration of legislative intent relating to liability of licensees, trainees and organizations.

(1) The stimulation and preservation of maritime commerce on the bar and river pilotage grounds of this state are declared to be affected with the public interest and the limitation and regulation of liability of licensees, trainees and organizations of pilots are necessary to such stimulation and preservation of maritime commerce and are deemed to be in the public interest.
(2) To accomplish the stimulation and preservation of maritime commerce it is necessary to establish an optional rate system whereby vessels and persons engaging the services of a licensee have the option of:
(a) Agreeing not to assert any personal liability against any licensee, trainee and organization of pilots to which the licensee or trainee belongs, and to defend, indemnify and save harmless the licensee, trainee and organization of pilots against all claims and demands arising from acts or omissions of the licensee, trainee or organization of pilots which relate, directly or indirectly, to pilotage of the vessel; or
(b) Directing licensees in writing and in sufficient time for insurance to be procured by them, on a "trip" basis, insuring such licensees, trainees and organizations of pilots to which they belong against all claims or demands arising from or relating to, directly or indirectly, pilotage of the vessel, the premium or cost of such insurance to be included in the charges for pilotage services and paid on demand by the vessel.
(3) The Legislative Assembly hereby declares that to effect the ends and purposes listed in this section, and to maintain pilotage fees at reasonable levels on the bar and river pilotage grounds of this state, ORS 776.520, 776.530 and 776.540 are adopted. [1959 c.404 §2; 1983 c.330 §4; 1993 c.796 §17]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.530 - Licensees, trainees and organizations not liable for certain acts or omissions.

An organization of pilots shall not be liable for any claims arising from acts or omissions of a licensee, trainee or organization of pilots which relate, directly or indirectly, to pilotage of a vessel. A licensee or trainee shall not be liable either directly or as a member or associate of an organization of pilots for any claims arising from acts or omissions of any other licensee, trainee or any organization of pilots which relate, directly or indirectly, to pilotage of a vessel. This section does not apply to acts or omissions relating to the ownership and operation of pilot boats or the transportation of licensees and trainees to and from the vessel being piloted. [1983 c.330 §8; 1993 c.796 §19]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.540 - Security required of licensees and trainees; conditions of bond; limitation of liability.

(1) Each licensee and trainee shall procure and furnish to the Oregon Board of Maritime Pilots a security in the sum of $250 as a surety bond or an irrevocable letter of credit, in a form approved by the board and underwritten by a surety company authorized to engage in business in the State of Oregon or issued by an insured institution, as defined in ORS 706.008, or as a cash deposit in a form approved by the board. The cash deposit, letter of credit or bond shall be conditioned so as to pay the sum to any person, firm, corporation or other legal entity who or which shall suffer any loss or damage by reason of any negligent act or omission of the licensee or trainee which relates, directly or indirectly, to pilotage of the vessel. No licensee or trainee shall be liable for any such act or omission beyond the amount of the security. However, this limitation of liability shall not apply:
(a) To willful misconduct on the part of the licensee or trainee;
(b) To the extent to which insurance is procured pursuant to the option granted by ORS 776.510 and 776.520; or
(c) To acts or omissions relating to the ownership and operation of pilot boats or the transportation of licensees and trainees to and from the vessel being piloted.
(2) When any suit or action is brought in any court against a licensee or trainee for any such act or omission in respect of which liability is limited as provided by this section and other claims are made or anticipated in respect of the same act or omission, upon payment by the licensee or trainee of the amount of the security into the court in which such suit or action is brought, the court shall distribute that amount rateably among the several claimants and shall dismiss the proceedings as to the licensee or trainee. [1983 c.330 §7; 1985 c.29 §1; 1991 c.331 §138; 1993 c.796 §20; 1997 c.631 §553]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.600 - Restrictions on licensee’s or trainee’s financial interest in boat or equipment assisting vessel piloted by licensee or trainee.

(1)(a) Except as provided in paragraph (b) of this subsection, a licensee or trainee may not pilot a vessel on the Coos Bay bar pilotage ground or the Yaquina Bay bar pilotage ground if the licensee or trainee, or an immediate family member of the licensee or trainee, has any financial interest in a boat or equipment assisting the vessel in entering or exiting the bay.
(b) The Oregon Board of Maritime Pilots shall adopt rules allowing a licensee or trainee who is prohibited from piloting a vessel under paragraph (a) of this subsection to pilot the vessel in an emergency, and fixing rates for pilotage under this paragraph.
(2) This section does not prohibit a licensee or trainee from piloting a vessel if the licensee or trainee, or an immediate family member of the licensee or trainee, owns stock in a corporation registered on a national securities exchange that owns boats or equipment assisting ships on the Coos Bay bar pilotage ground or the Yaquina Bay bar pilotage ground. [2012 c.55 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.800 - Collection of fee; remittance.

(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 ORS 776.810.
(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 prior approval of the Oregon Department of Administrative Services. [2013 c.539 §3; 2023 c.602 §32]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.810 - Maximum amount of fee; adjustment of fee.

(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 Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. [2013 c.539 §4; 2019 c.57 §35]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.880 - Civil penalties.

(1) In addition to any other penalty provided by law, any licensee or trainee who commits any act for which the Oregon Board of Maritime Pilots could revoke, suspend or refuse to issue or renew a license is subject to a civil penalty in an amount determined by the board of not more than $250 for each offense.
(2) Any person who violates the provisions of ORS 776.405 (1)(a) is subject to a civil penalty in an amount as determined by the board of not less than $5,000 and not more than $50,000.
(3) Any person who violates the provisions of ORS 776.405 (1)(b) is subject to a civil penalty in an amount as determined by the board of not more than $5,000 for each offense.
(4) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(5) All amounts recovered under this section are subject to ORS 776.365. [1981 c.88 §11; 1991 c.234 §6; 1991 c.734 §102; 1993 c.796 §21; 2011 c.157 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 776 - Maritime Pilots and Pilotage › Section 776.991 - Criminal penalties.

Violation of any of the provisions of this chapter is a Class B misdemeanor. Notwithstanding ORS 137.286 and 161.635, the minimum fine for a violation of ORS 776.405 (1)(a) is $5,000 and the maximum fine is $50,000. [1957 c.448 §26; 1991 c.234 §7; 2011 c.597 §300]