HB 2320 Non-Motorized Boating Program

HB 2320 VOTE: NO – Died In Committee

Status (overview) of bill: https://olis.leg.state.or.us/liz/2017R1/Measures/Overview/HB2320

Posted on TTV HERE

This bill establishes a Nonmotorized Boating Program that requires education on use and safety, and regulations adopted by rule; and provide safe access to waters. Safety is not the issue so the program is to increase funding.

Personal Choice and Responsibility
Persons operating a nonmotorized boat that is 14 or older must carry a permit in a manner designated by the Board that verifies completion of education and examination requirements.

Fiscal Responsibility
Fees will go to provide grants to nonprofits to provide education programs, and grants to public bodies & federal agencies to purchase access to waterway, construction of nonmotorized boating facilities and public play parks, grants to private entities for such as whitewater parks and activities, and upgrading existing public boating facilities, technical services and maintenance assistance program funding. The Board is asking to charge non-motorized boaters a permit fee that would be used for the same purpose as motorized fees. Safety is not the issue. Last year the number of people killed in recreational boating was the lowest since 1990 with 6 fatalities: 4 from motorized boating and 2 in non-motorized boats, and only 2 had life jackets; and 2 died on commercial trips.

Limited Government
Adds a new program to the Board including the establishment of instruction and examination on standards of safety and competency including classroom and on-water competencies. Currently the Board has an online Basic Paddling Course that covers state boating laws, rules of the road, how to read the waterway, what to do in case of an emergency.

Free Markets
Allows the marketplace to establish instruction programs at the expense of nonmotorized boat owners.

Additional Comments:

Charging a permit fee (tax) to use Oregon’s waterways is clearly in violation of the Oregon Admission Act

ACT OF CONGRESS ADMITTING OREGON INTO UNION

[Approved February 14, 1859]

Section 2. Jurisdiction over waters forming boundary of state; use of navigable waters as free highways. “all the navigable waters of said State, shall be common highways and forever free, as well as to the inhabitants of said State as to all other citizens of the United States, without any tax, duty, impost, or toll therefor. [11 Stat. 383 (1859)]” (“Impost” is a tax or similar compulsory payment.)