Chapter 390 Oregon Laws 1999

Session Law

AN ACT

SB 235

Relating to agricultural law violations; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS chapter 561.

SECTION 2. (1) In addition to any fine under ORS 561.990 or other penalty, a person who violates an order, rule or regulation described under ORS 561.590 is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000.

(2) Every violation of an order, rule or regulation described under ORS 561.590 is a separate offense subject to a separate civil penalty.

(3) The department shall develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations.

(4) The imposition of a civil penalty under this section is subject to ORS 183.090.

(5) The State Treasurer shall deposit all moneys from penalties recovered under this section into the Department of Agriculture Account. Moneys deposited under this subsection are continuously appropriated to the department for the administration and enforcement of quarantine laws.

SECTION 3. Section 4 of this 1999 Act is added to and made a part of ORS chapter 570.

SECTION 4. (1) In addition to any applicable fine under ORS 570.990 or other penalty, a person who violates a quarantine order issued under ORS 570.115, violates ORS 570.410 or fails to timely pay a fee required under ORS 570.710 is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000.

(2) Every violation of a quarantine order issued under ORS 570.115, violation of ORS 570.410 or failure to timely pay a fee required under ORS 570.710 is a separate offense subject to a separate civil penalty.

(3) The department shall develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations.

(4) The imposition of a civil penalty under this section is subject to ORS 183.090.

(5) The State Treasurer shall deposit all moneys from penalties recovered under this section into the Department of Agriculture Account.

(6) Moneys from civil penalties recovered under this section for violation of a quarantine order issued under ORS 570.115 are continuously appropriated to the department for the administration and enforcement of quarantine laws under ORS 570.110 to 570.190, 570.196 and 570.200.

(7) Moneys from civil penalties recovered under this section for a violation of ORS 570.410 are continuously appropriated to the department for the administration and enforcement of control area programs.

(8) Moneys from civil penalties recovered under this section for failure to timely pay a fee under ORS 570.710 are continuously appropriated to the department for the administration of the timber products health program described under ORS 570.705 and 570.710.

SECTION 5. Section 6 of this 1999 Act is added to and made a part of ORS chapter 571.

SECTION 6. (1) In addition to any applicable criminal penalty under ORS 571.991 or 571.995 or any other penalty, a person who violates ORS 571.055 or 571.525 is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000.

(2) Every violation of ORS 571.055 or 571.525 is a separate offense subject to a separate civil penalty.

(3) The department shall consult with, and seek the advice of, the State Christmas Tree Advisory Committee and the State Nursery Research and Regulatory Committee in order to:

(a) Develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations;

(b) Develop guidelines and policies regarding the circumstances under which civil penalties should be imposed; and

(c) At least biannually review cases to ensure that guidelines and policies developed under paragraph (b) of this subsection are being followed.

(4) The imposition of a civil penalty under this section is subject to ORS 183.090.

(5) The State Treasurer shall deposit all moneys from civil penalties recovered under this section into the Department of Agriculture Account.

(6) Moneys from civil penalties recovered under this section for a violation of ORS 571.055 are continuously appropriated to the department for the administration of nursery laws and industry projects under ORS 571.005 to 571.230.

(7) Moneys from civil penalties recovered under this section for a violation of ORS 571.525 are continuously appropriated to the department for the administration of Christmas tree laws and industry projects under ORS 571.510 to 571.580.

SECTION 7. (1) The State Department of Agriculture may not levy a civil penalty under section 2, 4 or 6 of this 1999 Act for any violation occurring after December 31, 2001.

(2) Sections 2, 4 and 6 of this 1999 Act are repealed December 31, 2002. The repeal of sections 2, 4 and 6 of this 1999 Act does not relieve any person of the obligation to pay a civil penalty lawfully imposed by the department prior to December 31, 2002.

Approved by the Governor June 29, 1999

Filed in the office of Secretary of State June 29, 1999

Effective date October 23, 1999

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