75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to A-Eng. HB 2220
 
LC 1011/HB 2220-A4
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2220
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 23
 
  On page 1 of the printed A-engrossed bill, line 2, before the
period insert '; creating new provisions; amending ORS 830.990;
appropriating money; and declaring an emergency'.
  On page 2, after line 28, insert:
  '  { +  SECTION 6. + }  { + Sections 7 to 10 of this 2009 Act
are added to and made a part of ORS chapter 830. + }
  '  { +  SECTION 7. + }  { + (1) A person may not operate a
manually propelled boat that is 10 feet or more in length or a
motorboat on the waters of this state without first obtaining an
aquatic invasive species prevention permit from the State Marine
Board under section 8 of this 2009 Act.
  ' (2) A person who obtains an aquatic invasive species
prevention permit for a manually propelled boat may use the
permit on any manually propelled boat the person operates on the
waters of this state. + }
  '  { +  SECTION 8. + }  { + (1) The State Marine Board shall
issue and renew an aquatic invasive species prevention permit to
a person who pays the fee for the permit described in section 9
of this 2009 Act.
  ' (2) The board may appoint agents to issue aquatic invasive
species prevention permits.
  ' (3) Agents shall issue permits in accordance with procedures
prescribed by the board by rule and shall charge and collect the
aquatic invasive species prevention permit fees prescribed by
law.
  ' (4) The board may authorize an agent other than a board
employee to charge a service fee of $2, in addition to the permit
fee, for the issuance service performed by the agent.
  ' (5) The board shall supply the agents with motorboat and
manually propelled boat aquatic invasive species prevention
permits. + }
  '  { +  SECTION 9. + }  { + Notwithstanding ORS 830.790 (3),
fees for issuance and renewal of an aquatic invasive species
prevention permit are as follows:
  ' (1) The biennial fee for a motorboat issued a certificate of
number under ORS 830.795 is $5.
  ' (2) The annual fee for a manually propelled boat 10 feet or
more in length is $5.
  ' (3) The annual fee for a motorboat operated by a nonresident
is $20.
  ' (4) The annual fee for an operator of a boat livery is:
  ' (a) $30 for an operator who owns 6 to 10 manually propelled
boats;
  ' (b) $55 for an operator who owns 11 to 20 manually propelled
boats; or
  ' (c) $100 for an operator who owns 21 or more manually
propelled boats. + }
  '  { +  SECTION 10. + }  { + (1) The State Marine Board shall
adopt rules for the implementation and administration of sections
7 to 9 of this 2009 Act, including but not limited to the
exemption of certain boats from the requirements of section 7 of
this 2009 Act.
  ' (2) Nothing in sections 7 to 9 of this 2009 Act prevents the
board from contracting any service provided under sections 7 to 9
of this 2009 Act to any private person or entity or other unit of
government. + }
  '  { +  SECTION 11. + }  { + The Aquatic Invasive Species
Prevention Fund is established in the State Treasury, separate
and distinct from the General Fund. Interest earned by the
Aquatic Invasive Species Prevention Fund shall be credited to the
fund. Moneys in the fund are continuously appropriated to the
State Marine Board for the purpose of administering the aquatic
invasive species prevention permit program under sections 7 to 9
of this 2009 Act and preventing and controlling aquatic invasive
species. + }
  '  { +  SECTION 12. + } ORS 830.990 is amended to read:
  ' 830.990. (1) A person who violates ORS 830.050, 830.088,
830.090, 830.092, 830.094, 830.230, 830.415, 830.710, 830.720,
830.770, 830.780, 830.810, 830.850 or 830.855 { +  or section 7
of this 2009 Act + }, or rules adopted to carry out the purposes
of those statutes, commits a Class D violation.
  ' (2) A person who violates ORS 830.220, 830.240, 830.245,
830.250, 830.375, 830.475 (4), 830.480, 830.785, 830.805 or
830.825, or rules adopted to carry out the purposes of those
statutes, commits a Class C violation.
  ' (3) A person who violates ORS 830.110, 830.175, 830.180,
830.185, 830.195, 830.210, 830.215, 830.225, 830.235, 830.260,
830.300, 830.315 (2) and (3), 830.335, 830.340, 830.345, 830.350,
830.355, 830.360, 830.362, 830.365, 830.370, 830.410, 830.420,
830.495, 830.775, 830.795 or 830.830, or rules adopted to carry
out the purposes of those statutes, commits a Class B violation.
  ' (4) A person who violates ORS 830.305 or 830.390, or rules
adopted to carry out the purposes of those statutes, commits a
Class A violation.
  ' (5) A person who violates ORS 830.383 or 830.909 commits a
Class B misdemeanor.
  ' (6) A person who violates ORS 830.035 (2), 830.053, 830.315
(1), 830.325, 830.475 (1), 830.730 or 830.955 (1) commits a Class
A misdemeanor.
  ' (7) A person who violates ORS 830.475 (2) commits a Class C
felony.
  '  { +  SECTION 13. + }  { + (1) Sections 7 to 11 of this 2009
Act and the amendments to ORS 830.990 by section 12 of this 2009
Act become operative on January 1, 2010.
  ' (2) Sections 7 to 11 of this 2009 Act and the amendments to
ORS 830.990 by section 12 of this 2009 Act apply to operators of
motorboats issued a certificate of number under ORS 830.795 whose
number expires on or after December 31, 2011.
  ' (3) Notwithstanding subsection (1) of this section, prior to
January 1, 2010, the State Marine Board may adopt rules and take
all other measures determined by the board to be necessary for
implementation of sections 7 to 11 of this 2009 Act and the
amendments to ORS 830.990 by section 12 of this 2009 Act. + }
  '  { +  SECTION 14. + }  { + 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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