Bill Text: OR HB3130 | 2011 | Regular Session | Introduced

Oregon House Bill 3130 (Prior Session Legislation)

Introduced

Bill Title: Relating to industrial hemp.

Spectrum: Moderate Partisan Bill (Republican 10-2)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3130 Detail]

Download: Oregon-2011-HB3130-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 1140

                         House Bill 3130

Sponsored by Representative OLSON; Representatives DOHERTY,
  FREEMAN, JOHNSON, KRIEGER, SCHAUFLER, SPRENGER, THOMPSON,
  WHISNANT, Senators KRUSE, MORSE, WHITSETT

                             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.

  Creates rebuttable presumption that person convicted of
violating controlled substance laws is unfit to receive or hold
industrial hemp license or agricultural hemp production permit.
Requires State Department of Agriculture to initiate proceeding
for revoking license or permit and to refuse issuance or renewal
of license or permit if grower, handler or applicant is or has
been convicted of violating controlled substance laws.

                        A BILL FOR AN ACT
Relating to industrial hemp; creating new provisions; and
  amending ORS 571.315.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 571.315 is amended to read:
  571.315. (1) In addition to any other liability or penalty
provided by law, the State Department of Agriculture may revoke
or refuse to issue or renew an industrial hemp license or an
agricultural hemp seed production permit and may impose a civil
penalty for violation of:
  (a) A license or permit requirement;
  (b) License or permit terms or conditions;
  (c) Department rules relating to growing or handling industrial
hemp; or
  (d) A final order of the department that is specifically
directed to the grower's or handler's industrial hemp operations
or activities.
  (2) The department may not impose a civil penalty under this
section that exceeds $2,500. The department shall impose civil
penalties under this section in the manner provided by ORS
183.745.
  (3) The department may revoke or refuse to issue or renew an
industrial hemp license or an agricultural hemp seed production
permit for violation of any rule of the department that pertains
to agricultural operations or activities other than industrial
hemp growing or handling.
   { +  (4) If an applicant, grower or handler is convicted of
violating any provision of ORS 475.840 or 475.846 to 475.894 or
any equivalent provision of federal law or the law of another
state, there is a rebuttable presumption that the applicant,
grower or handler does not meet occupational standards and is
unfit to receive or hold an industrial hemp license or
agricultural hemp seed production permit. If the department
discovers that an applicant, grower or handler is or has been
convicted of violating any provision of ORS 475.840 or 475.846 to
475.894 or any equivalent provision of federal law or the law of
another state, the department shall initiate proceedings to
revoke the industrial hemp license or agricultural hemp seed
production permit and shall refuse to issue or renew the license
or permit.  For purposes of ORS 183.430, conviction for violating
any provision of ORS 475.840 or 475.846 to 475.894 or an
equivalent provision of federal law or the law of another state
is prima facie evidence that renewal of the license or permit
would be a serious danger to the public health or safety. + }
    { - (4) - }  { +  (5) + } A revocation of, or a refusal to
issue or renew, an industrial hemp license or an agricultural
hemp seed production permit is subject to ORS chapter 183.
  SECTION 2.  { + The amendments to ORS 571.315 by section 1 of
this 2011 Act apply to convictions for acts committed before, on
or after the effective date of this 2011 Act. + }
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