Chapter 257
AN ACT
HB 2970
Relating to Wildlife Violator Compact; creating new provisions; and
amending ORS 497.415.
Be It Enacted by the People of
the State of
SECTION 1. ORS 497.415 is amended to read:
497.415. (1) Except as
provided in ORS 497.435, when any person is convicted of a violation of law or
any rule adopted pursuant thereto or otherwise fails to comply with the
requirements of a citation in connection with such violation as provided in
subsection (2) of this section, the court may order the State Fish and Wildlife
Commission to revoke such of the licenses, tags and permits issued to that
person pursuant to the wildlife laws as the court considers appropriate.
Revocation of licenses, tags and permits is in addition to and not in lieu of
other penalties provided by law.
(2) The license, tag and
permit revocation provisions of subsection (1) of this section apply to the
following persons:
(a) Any person who is
convicted of a violation of the wildlife laws, or any rule adopted pursuant
thereto, or who otherwise fails to comply with the requirements of a citation
in connection with any such offense when the base fine amount for the offense
is $50 or more.
(b) Any person who is
convicted of a violation of ORS 164.245, 164.255, 164.265, 164.345, 164.354 or
164.365 committed while the person was angling, taking shellfish, hunting or
trapping or who otherwise fails to comply with the requirements of a citation
in connection with any such offense when the base fine
amount for the offense is $50 or more.
(c) Any person who is
convicted of a violation of ORS 166.630 or 166.638 committed while hunting or
who otherwise fails to comply with the requirements of a citation in connection
with any such offense when the base fine amount for the offense is $50 or more.
(3) When a court orders
the revocation of a license, tag or permit pursuant to this section or ORS
497.435, the court shall take up any such licenses, tags and permits and
forward them, together with a copy of the revocation order, to the commission.
Upon receipt thereof, the commission shall cause revocation of the appropriate
licenses, tags and permits in accordance with the court order.
(4) For purposes of the
Wildlife Violator Compact[, the commission shall]:
(a) The commission
shall suspend a violator’s license as defined in ORS 496.750 for
failure to comply with the terms of a citation from a party state. A copy of a
report of failure to comply from the licensing authority of the issuing state
shall be conclusive evidence. Suspension under this paragraph commences on
the date the commission issues a final order pursuant to the provisions of ORS
chapter 183 to suspend the license in this state. The period of suspension
under this paragraph is the period provided by
(b) The commission
shall revoke a violator’s license as defined in ORS 496.750 for a
conviction in a party state. A report of conviction from the licensing
authority of the issuing state shall be conclusive evidence. Revocation
under this paragraph commences on the date the commission issues a final order
pursuant to the provisions of ORS chapter 183 to revoke the license in this state.
The period of revocation under this paragraph is the period provided by
(5)(a) No person
who has had a license, tag or permit revoked pursuant to this section for the
first time shall apply for or obtain another such license, tag or permit for
the period of 24 months from the date the court or commission ordered
the revocation.
(b) Upon having a
license, tag or permit revoked for a second time pursuant to this section, no
person shall apply for or obtain another such license, tag or permit for the
period of three years.
(c) Upon having a
license, tag or permit revoked for a third or subsequent time pursuant to this
section, no person shall apply for or obtain another such license, tag or
permit for the period of five years.
(6)(a) If a
person convicted of conduct described in subsection (2) of this section does
not possess at the time of conviction those licenses, tags and permits issued
pursuant to the wildlife laws that the court would have revoked pursuant to
this section, the court shall specify by order those licenses, tags and permits
that would have been revoked and shall forward a copy of the order to the
commission. No person who is the subject of such a court order shall apply for,
possess or obtain another such license, tag or permit for the period of 24
months from the date of the order.
(b) Upon being
the subject of a court order under this subsection for a second time, no person
shall apply for or obtain another such license, tag or permit for the period of
three years.
(c) Upon being
the subject of a court order under this subsection for a third or subsequent
time, no person shall apply for or obtain another such license, tag or permit
for the period of five years.
SECTION 2. The amendments to ORS 497.415 by section 1
of this 2007 Act apply only to the suspension or revocation of a violator’s
license by a party state made on or after the effective date of this 2007 Act.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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