75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2153
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of State Lands)
CHAPTER ................
AN ACT
Relating to civil penalties related to use of state land; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2009 Act are added to
and made a part of ORS chapter 273. + }
SECTION 2. { + (1) A person who violates any provision of ORS
273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any
rule adopted under ORS 273.045 related to those sections is
subject to a civil penalty in an amount to be determined by the
Director of the Department of State Lands of not more than $1,000
per day of violation.
(2) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.745.
(3) The provisions of this section are in addition to and not
in lieu of any other penalty or sanction provided by law.
(4) Any civil penalty recovered under this section shall be
deposited in the Common School Fund and made available for
expenses of the Department of State Lands and as otherwise
provided by law. + }
SECTION 3. { + (1) The Director of the Department of State
Lands shall adopt by rule a schedule establishing the amount of
civil penalty that may be imposed for a particular violation of
ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any
rule adopted under ORS 273.045 related to those sections.
(2) In imposing a penalty under the schedule adopted under
subsection (1) of this section, the director shall consider the
following factors:
(a) The past history of the person incurring the penalty in
taking all feasible steps or procedures necessary or appropriate
to correct any violation;
(b) Any prior violations by the person of statutes, rules,
orders or authorizations pertaining to the use of state land;
(c) The immediacy and extent to which the violation threatens
the public health or safety or the assets of the Common School
Fund; and
(d) Any other factors determined by the director to be relevant
and consistent with the policies established to implement the
provisions of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or
273.815 or any rule adopted under ORS 273.045 related to those
sections. + }
Enrolled House Bill 2153 (HB 2153-INTRO) Page 1
{ + (3) The penalty imposed under this section may be
remitted or mitigated upon such terms and conditions as the
director determines to be proper and consistent with the
protection of the public health and safety and the protection of
the assets of the Common School Fund. Upon the request of the
person incurring the penalty, the director shall consider
evidence of the economic and financial condition of the person in
determining whether a penalty shall be remitted or mitigated. + }
SECTION 4. { + Sections 2 and 3 of this 2009 Act apply to
violations of ORS 273.225, 273.231, 273.551, 273.715, 273.780 and
273.815 and any rule adopted under ORS 273.045 related to those
sections occurring on or after the effective date of this 2009
Act. + }
SECTION 5. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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Passed by House April 27, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 21, 2009
...........................................................
President of Senate
Enrolled House Bill 2153 (HB 2153-INTRO) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2153 (HB 2153-INTRO) Page 3