Bill Text: OR HB3399 | 2011 | Regular Session | Enrolled

Oregon House Bill 3399 (Prior Session Legislation)

Bill Title: Relating to aquatic invasive species; and declaring an emergency.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-08-02 - Chapter 683, (2011 Laws): Effective date August 2, 2011. [HB3399 Detail]

Download: Oregon-2011-HB3399-Enrolled.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 3399

Sponsored by Representative JENSON; Representatives GARRARD, J
  SMITH

                     CHAPTER ................

                             AN ACT

Relating to aquatic invasive species; amending ORS 570.855 and
  570.990; and declaring an emergency.

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

  SECTION 1. ORS 570.855 is amended to read:
  570.855. (1) The State Department of Fish and Wildlife, the
State Marine Board   { - and - }  { +  or + } the State
Department of Agriculture
  { - are authorized to - }  { +  may require a person
transporting a recreational or commercial watercraft to stop at a
check station to inspect the watercraft for the presence of
aquatic invasive species. The purpose of the administrative
search authorized under this section is to prevent and limit the
spread of aquatic invasive species within Oregon. + }  { - : - }
    { - (a) Operate check stations for the purpose of inspecting
recreational or commercial watercraft for the presence of aquatic
invasive species. - }
    { - (b) - }   { + (2) The State Department of Fish and
Wildlife, the State Marine Board or the State Department of
Agriculture may + } decontaminate, or recommend decontamination
of, any recreational or commercial watercraft that   { - is
inspected - }   { + the agency inspects + } at a check station
operated under authority of this section.
    { - (2) - }  { +  (3) + } 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.
   { +  (4) An agency that operates a check station under this
section shall require all persons transporting recreational or
commercial watercraft to stop at the check station, and the
agency shall inspect every recreational or commercial watercraft
that goes through the check station.
  (5) Notwithstanding ORS 496.992, a person transporting a
recreational or commercial watercraft who stops at a check
station for inspection and who cooperates in the decontamination
process is not subject to criminal sanctions for possessing or
transporting aquatic invasive species.

Enrolled House Bill 3399 (HB 3399-A)                       Page 1

  (6) The State Department of Fish and Wildlife, the State Marine
Board and the State Department of Agriculture may adopt rules to
carry out the provisions of this section. + }
  SECTION 2. ORS 570.990 is amended to read:
  570.990.  { + (1) + } Violation of a provision of ORS 570.010
to 570.050, 570.105 to 570.190, 570.320 to 570.360 or 570.410 is
a Class A violation.
   { +  (2) A person who is transporting a recreational or
commercial watercraft and fails to stop and submit to an
inspection at an aquatic invasive species check station operated
by the State Department of Fish and Wildlife, the State Marine
Board or the State Department of Agriculture as provided under
ORS 570.855 commits a Class D violation.
  (3) Notwithstanding ORS 153.042, an enforcement officer may
issue a citation under subsection (2) of this section when the
conduct alleged to constitute a violation has not taken place in
the presence of the enforcement officer, if the enforcement
officer has reasonable grounds to believe that the conduct
constitutes a violation on the basis of information received from
an employee of an agency authorized to operate an aquatic
invasive species check station who observed the violation. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
                         ----------

Passed by House June 9, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate June 16, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3399 (HB 3399-A)                       Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 3399 (HB 3399-A)                       Page 3