74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 1049
Sponsored by Senators BROWN, DEVLIN
CHAPTER ................
AN ACT
Relating to civil penalties imposed by Board of Boiler Rules;
creating new provisions; and amending ORS 455.895 and 480.670.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 455.895 is amended to read:
455.895. (1)(a) The State Plumbing Board may impose a civil
penalty against a person as provided under ORS 447.992 and
693.992. Amounts recovered under this paragraph are subject to
ORS 693.165.
(b) The Electrical and Elevator Board may impose a civil
penalty against a person as provided under ORS 479.995. Amounts
recovered under this paragraph are subject to ORS 479.850.
(c) The Board of Boiler Rules may impose a civil penalty
against a person as provided under ORS 480.670. Amounts recovered
under this paragraph { - shall be deposited to the General
Fund - } { + are subject to ORS 480.670 + }.
(2) The Director of the Department of Consumer and Business
Services, in consultation with the appropriate board, if any, may
impose a civil penalty against any person who violates any
provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395
to 446.420, 446.566 to 446.646, 446.666 to 446.746, 479.510 to
479.945, 479.950 and 480.510 to 480.670 and this chapter and ORS
chapters 447, 460 and 693, or any rule adopted or order issued
for the administration and enforcement of those provisions.
Except as provided in subsections (3) and (8) of this section or
ORS 446.995, a civil penalty imposed under this section must be
in an amount determined by the appropriate board or the director
of not more than $5,000 for each offense or, in the case of a
continuing offense, not more than $1,000 for each day of the
offense.
(3) Each violation of ORS 446.003 to 446.200 or 446.225 to
446.285, or any rule or order issued thereunder, constitutes a
separate violation with respect to each manufactured structure or
with respect to each failure or refusal to allow or perform an
act required thereby, except that the maximum civil penalty may
not exceed $1 million for any related series of violations
occurring within one year from the date of the first violation.
(4) The maximum penalty established by this section for a
violation may be imposed only upon a finding that the person has
engaged in a pattern of violations. The Department of Consumer
and Business Services, by rule, shall define what constitutes a
pattern of violations. Except as provided in subsections (1) and
(9) of this section, moneys received from any civil penalty under
Enrolled Senate Bill 1049 (SB 1049-INTRO) Page 1
this section are appropriated continuously for and shall be used
by the director for enforcement and administration of provisions
and rules described in subsection (2) of this section.
(5) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(6) A civil penalty imposed under this section may be remitted
or reduced upon such terms and conditions as the director or the
appropriate board considers proper and consistent with the public
health and safety. In any judicial review of a civil penalty
imposed under this section, the court may, in its discretion,
reduce the penalty.
(7) Any officer, director, shareholder or agent of a
corporation, or member or agent of a partnership or association,
who personally participates in or is an accessory to any
violation by the partnership, association or corporation of a
provision or rule described in subsection (2) of this section is
subject to the penalties prescribed in this section.
(8) In addition to the civil penalty set forth in subsection
(1) or (2) of this section, any person who violates a provision
or rule described in subsection (2) of this section may be
required by the director or the appropriate board to forfeit and
pay to the General Fund of the State Treasury a civil penalty in
an amount determined by the director or board that shall not
exceed five times the amount by which such person profited in any
transaction that violates a provision or rule described in
subsection (2) of this section.
(9) If a civil penalty is imposed for a violation of a
provision of ORS 446.566 to 446.646 and the violation relates to
a filing or failure to file with a county assessor functioning as
agent of the department, the department, after deducting an
amount equal to the department's procedural, collection and other
related costs and expenses, shall forward one-half of the
remaining civil penalty amount to the county in which the
manufactured structure is located at the time of the violation.
SECTION 2. ORS 480.670 is amended to read:
480.670. The Board of Boiler Rules may impose a civil penalty
for a violation of ORS 480.510 to 480.670 or rules adopted for
the administration and enforcement of those sections. { - The
board shall impose a civil penalty authorized by this section as
provided in ORS 455.895. - } { + Moneys received by the
Department of Consumer and Business Services or the board from
civil penalties imposed under this section or ORS 455.895 (1)(c)
shall be deposited to the Consumer and Business Services Fund
created under ORS 705.145 and used only for the administration
and enforcement of ORS 480.510 to 480.670 and 480.990 (8). + }
SECTION 3. { + The amendments to ORS 455.895 and 480.670 by
sections 1 and 2 of this 2007 Act apply to civil penalty moneys
received on or after July 1, 2008, regardless of the date the
Board of Boiler Rules imposed the civil penalty. + }
SECTION 4. { + The amendments to ORS 455.895 and 480.670 by
sections 1 and 2 of this 2007 Act become operative July 1,
2008. + }
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Enrolled Senate Bill 1049 (SB 1049-INTRO) Page 2
Passed by Senate May 24, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 19, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 1049 (SB 1049-INTRO) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 1049 (SB 1049-INTRO) Page 4