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 1012
 
                           B-Engrossed
 
                         House Bill 2221
                  Ordered by the Senate June 2
 Including House Amendments dated April 14 and Senate Amendments
                          dated June 2
 
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.
 
  Creates crime of sale   { - or purchase - }  of hunts for feral
swine.  Punishes by maximum imprisonment of one year, $6,250
fine, or both, and revocation of hunting licenses, tags and
permits for period of 24 months. Makes sale   { - or purchase - }
of hunts for feral swine violation punishable by $1,000 fine and
revocation of hunting licenses, tags and permits for period of 24
months.
    { - Creates crime of - }   { + Prohibits person who owns or
controls land from + } knowingly allowing feral swine to roam on
 { - private - }  land.
  { - Punishes by maximum imprisonment of one year, $6,250 fine,
or both. - }
 
                        A BILL FOR AN ACT
Relating to feral swine.
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 498. + }
  SECTION 2.  { + (1) A person may not offer for sale or sell a
hunt for feral swine on public or private lands.
  (2) Violation of subsection (1) of this section is a Class A
misdemeanor. A person may not be convicted under this subsection
if a civil penalty has been imposed against the person under
subsection (3) of this section.
  (3)(a) The State Fish and Wildlife Commission may impose a
civil penalty of $1,000 for a violation of subsection (1) of this
section.
  (b) Civil penalties described in this subsection shall be
imposed in the manner provided in ORS 183.745. A civil penalty
may not be imposed against a person under this subsection if the
person has been convicted under subsection (2) of this section.
  (4) Notwithstanding ORS 497.415 (1), (2), (3) and (5) and in
addition to any criminal penalty or civil penalty imposed under
this section, when a person is convicted under subsection (2) of
this section or a civil penalty is imposed under subsection (3)
of this section, the commission shall revoke all hunting
licenses, tags and permits issued to the person under the
wildlife laws, and the person may not apply for or obtain any
hunting license, tag or permit for a period of 24 months after
the conviction or imposition of the civil penalty. + }
  SECTION 3.  { + (1) A person, or an employee of that person who
acts as a land manager, may not knowingly, as defined in ORS
161.085, allow feral swine to roam on land owned or controlled by
that person.
  (2) A person, or an employee of that person who acts as a land
manager, shall take action in a manner consistent with rules
adopted by the State Fish and Wildlife Commission to remove any
feral swine that roams on land owned or controlled by that person
if the person or employee knows that feral swine roam on land
owned or controlled by that person. ORS 497.075 does not apply to
this subsection.
  (3) A person, or an employee of that person who acts as a land
manager, shall, within 10 days after discovering feral swine on
land owned or controlled by that person, inform the State
Department of Fish and Wildlife about the feral swine. + }
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