75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1011
B-Engrossed
House Bill 2220
Ordered by the House June 23
Including House Amendments dated April 27 and June 23
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for State Department of Fish and Wildlife)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Authorizes State Department of Fish and Wildlife, State Marine
Board and State Department of Agriculture to operate check
stations for purpose of inspecting recreational or commercial
watercraft for presence of aquatic invasive species. Authorizes
departments and board to decontaminate watercraft.
Directs State Department of Fish and Wildlife to report
biennially to Legislative Assembly on efforts to prevent aquatic
invasive species from entering state.
Imposes civil penalties for knowingly transporting aquatic
invasive species on or in watercraft. Creates exceptions.
{ + Prohibits person from operating manually propelled boat
that is 10 feet or more in length without first obtaining aquatic
invasive species prevention permit from State Marine Board.
Specifies fees for permit. Directs board to adopt rules for
permit program, including rules that exempt boats from program.
Subjects violators to $90 fine. Applies to operators of motor
boats issued certificate of number whose number expires on or
after December 31, 2011.
Establishes Aquatic Invasive Species Prevention Fund.
Continuously appropriates moneys in fund to board for purpose of
administering aquatic invasive species prevention permit program.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to aquatic invasive species; creating new provisions;
amending ORS 830.990; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 2 to 4 of this 2009 Act:
(1) 'Aquatic invasive species' means any aquatic species of
wildlife or any freshwater or marine invertebrate, as specified
by the State Fish and Wildlife Commission by rule, or any aquatic
noxious weeds as specified by the State Department of Agriculture
by rule.
(2) 'Recreational or commercial watercraft' means any boat, any
equipment used to transport a boat and any auxiliary equipment
for a boat, including but not limited to attached or detached
outboard motors. + }
SECTION 2. { + (1) The State Department of Fish and Wildlife,
the State Marine Board and the State Department of Agriculture
are authorized to:
(a) Operate check stations for the purpose of inspecting
recreational or commercial watercraft for the presence of aquatic
invasive species.
(b) Decontaminate, or recommend decontamination of, any
recreational or commercial watercraft that is inspected at a
check station operated under authority of this section.
(2) All check stations operated under authority of this section
must be plainly marked by signs that comply with all state and
federal laws and must be staffed by at least one uniformed
employee of the State Department of Fish and Wildlife, the State
Marine Board or the State Department of Agriculture trained in
inspection and decontamination of recreational or commercial
watercraft. + }
SECTION 3. { + (1) The State Department of Fish and Wildlife,
after consultation with the State Marine Board, the State
Department of Agriculture and the Department of State Police,
shall report biennially to the Legislative Assembly on efforts to
prevent aquatic invasive species from entering this state and may
include in the report suggested legislation necessary to more
effectively prevent aquatic invasive species from entering this
state.
(2) Reports to the Legislative Assembly required under this
section must be made in accordance with ORS 192.245. + }
SECTION 4. { + (1) A person is subject to a civil penalty in
an amount to be determined by the State Fish and Wildlife
Director of not more than $6,250 if the person knowingly
transports aquatic invasive species on or in a recreational or
commercial watercraft. A second or subsequent violation of this
subsection within a five-year period shall result in a civil
penalty in an amount not less than $5,000 and not more than
$15,000.
(2) Subsection (1) of this section does not apply to:
(a) A person who transports aquatic invasive species in ballast
water.
(b) A person who complies with all instructions for the proper
decontamination of the recreational or commercial watercraft
given by an employee authorized under section 2 (1) of this 2009
Act to inspect recreational or commercial watercraft.
(c) A person who transports aquatic invasive species to the
State Department of Fish and Wildlife or the State Department of
Agriculture, or to another destination designated by the State
Fish and Wildlife Commission by rule, in a manner designated by
the commission for purposes of identifying or reporting an
aquatic invasive species.
(3) The civil penalties authorized in this section shall be
imposed as provided in ORS 183.745. Any civil penalty recovered
under this section shall be deposited in the State Wildlife Fund.
The commission by rule shall adopt the formula the State Fish and
Wildlife Director shall use in determining the amount of civil
penalties under this section. + }
SECTION 5. { + The State Department of Fish and Wildlife shall
submit the first report required under section 3 of this 2009 Act
by March 1, 2011. + }
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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