2025 Oregon Legislative Issues
HB 2558 - Increased Licensing Fees
The Oregon State Marine Board has introduced legislation (HB2558) that would increase the outfitter/guide registration fee from $150 to $350. Furthermore, guide/employees would be required to register individually and pay $25 for a "guide employee (GE) credential.
OSMB has organized a Q&A Session at the PNW Sportsman's Show on Thursday, February 13th from 10AM to 11AM. See OSMB's One Page Fact Sheet.
HB 2558 Status
HB 2558 Text
HB 3140 - Liability Waivers
In Oregon, the enforceability of liability waivers for outdoor activities has been significantly influenced by legal decisions over the past decade. A pivotal 2014 Oregon Supreme Court ruling deemed such waivers "unconscionable," thereby limiting their effectiveness in shielding recreational businesses from liability. This has led to increased insurance costs and operational challenges for many providers of outdoor activities. Statesman Journal+2Willamette Week+2opb+2
In response, House Bill 3140 has been introduced in the Oregon Legislature. If passed, this bill would permit recreational businesses to require customers to sign waivers releasing the operator from claims of "ordinary negligence," potentially making these waivers more enforceable. Proponents argue that this would help reduce insurance costs and preserve access to recreational opportunities. Opponents, however, contend that it could diminish accountability for businesses and compromise participant safety. OLIS+4Bend Source+4opb+4Statesman Journal+2opb+2Willamette Week+2
As of April 2025, the enforceability of liability waivers in Oregon remains limited due to the 2014 court ruling. The outcome of House Bill 3140, currently under legislative consideration, may alter this legal landscape.
HB 2558 - Increased Licensing Fees
The Oregon State Marine Board has introduced legislation (HB2558) that would increase the outfitter/guide registration fee from $150 to $350. Furthermore, guide/employees would be required to register individually and pay $25 for a "guide employee (GE) credential.
OSMB has organized a Q&A Session at the PNW Sportsman's Show on Thursday, February 13th from 10AM to 11AM. See OSMB's One Page Fact Sheet.
HB 2558 Status
HB 2558 Text
HB 3140 - Liability Waivers
In Oregon, the enforceability of liability waivers for outdoor activities has been significantly influenced by legal decisions over the past decade. A pivotal 2014 Oregon Supreme Court ruling deemed such waivers "unconscionable," thereby limiting their effectiveness in shielding recreational businesses from liability. This has led to increased insurance costs and operational challenges for many providers of outdoor activities. Statesman Journal+2Willamette Week+2opb+2
In response, House Bill 3140 has been introduced in the Oregon Legislature. If passed, this bill would permit recreational businesses to require customers to sign waivers releasing the operator from claims of "ordinary negligence," potentially making these waivers more enforceable. Proponents argue that this would help reduce insurance costs and preserve access to recreational opportunities. Opponents, however, contend that it could diminish accountability for businesses and compromise participant safety. OLIS+4Bend Source+4opb+4Statesman Journal+2opb+2Willamette Week+2
As of April 2025, the enforceability of liability waivers in Oregon remains limited due to the 2014 court ruling. The outcome of House Bill 3140, currently under legislative consideration, may alter this legal landscape.
BLM Financial Accounting Requirements
Following new guidelines from the Oregon/Washington BLM, many Districts are now amending permits to include new financial reporting requirements. This stems from the 2014/2015 audits where only 34% of outfitters passed. The next round of financial audits are likely to happen in 2020, so now is a good time to make sure your financial procedures are up-to-date. If you hold a permit on the Deschutes River, you've already received notice that the new requirements are now part of your permit. These requirements will ultimately find their way into all other BLM permits. The BLM does have the right to audit an outfitter's financial records. The overall goal of an audit is to insure that all pertinent revenue is being reported on the post-use-report and fees are being paid on all reportable revenue. In short, the BLM needs to be able to compare bank deposits to fees/fares charged and payments received. If you are charging and receiving payments for items not considered reportable revenue (i.e. retail sales, non-trip-related lodging, etc...) then that must be clearly identifiable as such in your reservation and/or bookkeeping records. This is a complicated and daunting subject (unless perhaps you are a bookkeeper or accountant). The information available below will hopefully help to answer questions and help insure compliance. NOTE: The "Sample Customer Deposit Log" is only an example of the kind of record-keeping the BLM is looking for. You don't necessarily need a report that looks like this. As long as you can clearly connect bank deposits with payments and charges, then you will satisfy the financial accounting requirements.
Documents
The New Financial Accounting Procedures
Sample Customer Deposit Log
Clarification & Definition of Terms
Frequently Asked Questions
Following new guidelines from the Oregon/Washington BLM, many Districts are now amending permits to include new financial reporting requirements. This stems from the 2014/2015 audits where only 34% of outfitters passed. The next round of financial audits are likely to happen in 2020, so now is a good time to make sure your financial procedures are up-to-date. If you hold a permit on the Deschutes River, you've already received notice that the new requirements are now part of your permit. These requirements will ultimately find their way into all other BLM permits. The BLM does have the right to audit an outfitter's financial records. The overall goal of an audit is to insure that all pertinent revenue is being reported on the post-use-report and fees are being paid on all reportable revenue. In short, the BLM needs to be able to compare bank deposits to fees/fares charged and payments received. If you are charging and receiving payments for items not considered reportable revenue (i.e. retail sales, non-trip-related lodging, etc...) then that must be clearly identifiable as such in your reservation and/or bookkeeping records. This is a complicated and daunting subject (unless perhaps you are a bookkeeper or accountant). The information available below will hopefully help to answer questions and help insure compliance. NOTE: The "Sample Customer Deposit Log" is only an example of the kind of record-keeping the BLM is looking for. You don't necessarily need a report that looks like this. As long as you can clearly connect bank deposits with payments and charges, then you will satisfy the financial accounting requirements.
Documents
The New Financial Accounting Procedures
Sample Customer Deposit Log
Clarification & Definition of Terms
Frequently Asked Questions
Non-Permitted Entities & Working with a Third Party
The BLM has recently began focusing on rules and guidelines involving what might be called "partnership" trips. These are trips where you might be working with entities such as non-profits, other outfitters or professional organizations, to conduct trips in areas for which you have a permit, but the other organization does not. In general, the BLM is concerned with: 1) Entities that are advertising trips or programs on federal lands for which they do not have a permit, and are not listing the outfitter conduction the trip. 2) Non-permitted outfitters or entities that are physically running a trip or program under the "umbrella" of a permitted outfitter, and 3) Non-permitted entities who are making a profit from resources for which the are not permitted, and as part of this, revenue is not being reported for fee assessment. We are still working to clarify some aspects of the guidelines and there are many examples and scenarios which still need to be interpreted. We will continue to add more details and clarifications as we get them. In the meantime, if you have specific questions or need clarification on a particular program you are running, please feel free to contact us.
Documents
Third Party Compliance Flow Chart
Sample Notice to BLM of Proposed Partnership Trip
The BLM has recently began focusing on rules and guidelines involving what might be called "partnership" trips. These are trips where you might be working with entities such as non-profits, other outfitters or professional organizations, to conduct trips in areas for which you have a permit, but the other organization does not. In general, the BLM is concerned with: 1) Entities that are advertising trips or programs on federal lands for which they do not have a permit, and are not listing the outfitter conduction the trip. 2) Non-permitted outfitters or entities that are physically running a trip or program under the "umbrella" of a permitted outfitter, and 3) Non-permitted entities who are making a profit from resources for which the are not permitted, and as part of this, revenue is not being reported for fee assessment. We are still working to clarify some aspects of the guidelines and there are many examples and scenarios which still need to be interpreted. We will continue to add more details and clarifications as we get them. In the meantime, if you have specific questions or need clarification on a particular program you are running, please feel free to contact us.
Documents
Third Party Compliance Flow Chart
Sample Notice to BLM of Proposed Partnership Trip
State and Federal Transportation Requirements
Whether you use buses, 15-passenger vans or even smaller vehicles to transport your customers to or from (or as a primary aspect of your trip or tour, state and/or federal motor carrier regulations will likely apply. Vehicles larger than 15-passenger and/or transportation that crosses state lines are generally subject to onerous federal standards. Transportation wholly within the state and utilizing 15-passenger or smaller vehicles may not be subject to federal regulations, but must still follow specific guidelines from the state. For those providing interstate transportation, Federal Motor Carrier Standards will typically apply. Adhering to federal standards can be difficult for small businesses. For intrastate transportation utilizing 15-passenger or smaller vehicles, the requirements are not particularly difficult to follow. In 2016, ODOT warned that they may/will be stopping to inspect vehicles designed for more than 8 passengers - particularly in Maupin and State Parks.
Documents
Summary of Federal Requirements
Summary of State Requirements
15-Passenger Van Requirements Brochure from FMCSA
State Inspection List for Trailers & 15-Passenger Vans (pending)
Whether you use buses, 15-passenger vans or even smaller vehicles to transport your customers to or from (or as a primary aspect of your trip or tour, state and/or federal motor carrier regulations will likely apply. Vehicles larger than 15-passenger and/or transportation that crosses state lines are generally subject to onerous federal standards. Transportation wholly within the state and utilizing 15-passenger or smaller vehicles may not be subject to federal regulations, but must still follow specific guidelines from the state. For those providing interstate transportation, Federal Motor Carrier Standards will typically apply. Adhering to federal standards can be difficult for small businesses. For intrastate transportation utilizing 15-passenger or smaller vehicles, the requirements are not particularly difficult to follow. In 2016, ODOT warned that they may/will be stopping to inspect vehicles designed for more than 8 passengers - particularly in Maupin and State Parks.
Documents
Summary of Federal Requirements
Summary of State Requirements
15-Passenger Van Requirements Brochure from FMCSA
State Inspection List for Trailers & 15-Passenger Vans (pending)
