Bill Text: OR HB2128 | 2011 | Regular Session | Introduced
Bill Title: Relating to wildlife.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2128 Detail]
Download: Oregon-2011-HB2128-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 491
House Bill 2128
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber
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 as
introduced.
Modifies conditions under which person who has had license, tag
or permit revoked pursuant to wildlife laws may apply for or
obtain another license, tag or permit.
A BILL FOR AN ACT
Relating to wildlife; creating new provisions; and amending ORS
497.415.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 497.415, as amended by section 1, chapter 58,
Oregon Laws 2010, is amended to read:
497.415. (1) When any person is convicted of a violation of law
or any rule adopted pursuant thereto or otherwise fails to comply
with the requirements of a citation in connection with such
violation as provided in subsection (2) of this section, the
court may order the State Fish and Wildlife Commission to revoke
all licenses, tags and permits issued to that person pursuant to
the wildlife laws. Revocation of licenses, tags and permits is in
addition to and not in lieu of other penalties provided by law.
(2) The license, tag and permit revocation provisions of
subsection (1) of this section apply to the following persons:
(a) Any person who is convicted of a violation of the wildlife
laws, or any rule adopted pursuant thereto, or who otherwise
fails to comply with the requirements of a citation in connection
with any such offense when the base fine amount for the offense
is $50 or more.
(b) Any person who is convicted of a violation of ORS 164.245,
164.255, 164.265, 164.345, 164.354 or 164.365 committed while the
person was angling, taking shellfish, hunting or trapping or who
otherwise fails to comply with the requirements of a citation in
connection with any such offense when the base fine amount for
the offense is $50 or more.
(c) Any person who is convicted of a violation of ORS 166.630
or 166.638 committed while hunting or who otherwise fails to
comply with the requirements of a citation in connection with any
such offense when the base fine amount for the offense is $50 or
more.
(3) When a court orders the revocation of a license, tag or
permit pursuant to this section, the court shall take up any such
licenses, tags and permits and forward them, together with a copy
of the revocation order, to the commission. Upon receipt thereof,
the commission shall cause revocation of the appropriate
licenses, tags and permits in accordance with the court order.
(4) For purposes of the Wildlife Violator Compact:
(a) The commission shall suspend a violator's license as
defined in ORS 496.750 for failure to comply with the terms of a
citation from a party state. A copy of a report of failure to
comply from the licensing authority of the issuing state shall be
conclusive evidence. Suspension under this paragraph commences on
the date the commission issues a final order pursuant to the
provisions of ORS chapter 183 to suspend the license in this
state. The period of suspension under this paragraph is the
period provided by Oregon law or such longer period as provided
by commission rule based on the period of suspension imposed by
the party state.
(b) The commission shall revoke a violator's license as defined
in ORS 496.750 for a conviction in a party state. A report of
conviction from the licensing authority of the issuing state
shall be conclusive evidence. Revocation under this paragraph
commences on the date the commission issues a final order
pursuant to the provisions of ORS chapter 183 to revoke the
license in this state. The period of revocation under this
paragraph is the period provided by Oregon law or such longer
period as provided by commission rule based on the period of
revocation imposed by the party state.
(5)(a) { - No - } { + A + } person who has had a license,
tag or permit revoked pursuant to this section for the first time
{ - shall - } { + may not + } apply for or obtain another such
license, tag or permit for the period of 36 months from the date
the court or commission ordered the revocation { + and until the
person has complied with all terms of the judgment of conviction,
including payment of restitution and fines + }.
(b) Upon having a license, tag or permit revoked for a second
time pursuant to this section, { - no - } { + a + } person
{ - shall - } { + may not + } apply for or obtain another such
license, tag or permit for the period of five years { + from the
date the court or commission ordered the revocation and until the
person has complied with all terms of the judgment of conviction,
including payment of restitution and fines + }.
(c) Upon having a license, tag or permit revoked for a third or
subsequent time pursuant to this section, a person is prohibited
from applying for or obtaining another such license, tag or
permit.
{ + (d) For purposes of this subsection, judgment of
conviction includes judgments that are the basis for revocation
under subsection (4) of this section. + }
(6)(a) If a person convicted of conduct described in subsection
(2) of this section does not possess at the time of conviction
those licenses, tags and permits issued pursuant to the wildlife
laws that the court would have revoked pursuant to this section,
the court shall specify by order those licenses, tags and permits
that would have been revoked and shall forward a copy of the
order to the commission. { - No - } { + A + } person who is
the subject of such a court order { - shall - } { + may
not + } apply for, possess or obtain another such license, tag or
permit for the period of 36 months from the date of the
{ + court + } order { + and until the person has complied with
all terms of the judgment of conviction, including payment of
restitution and fines + }.
(b) Upon being the subject of a court order under this
subsection for a second time, { - no - } { + a + } person
{ - shall - } { + may not + } apply for or obtain another such
license, tag or permit for the period of five years { + from the
date of the court order and until the person has complied with
all terms of the judgment of conviction, including payment of
restitution and fines + }.
(c) Upon being the subject of a court order under this
subsection for a third time, a person is prohibited from applying
for or obtaining another such license, tag or permit.
SECTION 2. { + The amendments to ORS 497.415 by section 1 of
this 2011 Act apply to judgments of conviction entered on or
after the effective date of this 2011 Act. + }
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