Bill Text: OR SB370 | 2013 | Regular Session | Introduced

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Bill Title: Relating to placer mining; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB370 Detail]

Download: Oregon-2013-SB370-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1595

                         Senate Bill 370

Sponsored by Senator BATES (Presession filed.)

                             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 offense of practicing commercial placer mining without
permit. Punishes by maximum of 30 days' imprisonment, $1,250
fine, or both.
  Directs Department of State Lands to establish process for
issuing commercial placer mining permits. Imposes permit fee of
$125.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to placer mining; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) In addition to any other permit required by
law, a person may not practice commercial placer mining in this
state unless the person acquires a commercial placer mining
permit from the Department of State Lands.
  (2) Commercial placer mining taking place under a permit issued
under this section:
  (a) May not use a suction nozzle with an inside diameter
greater than four inches;
  (b) Must occur upstream of all activities specified in rules
adopted by the Director of the Department of State Lands;
  (c) Must conform to rules adopted by the director regarding the
safe placement of gasoline cans; and
  (d) Must conform to any other rules adopted by the director
under this section.
  (3) The department shall establish a process by which the
department issues commercial placer mining permits. The
department shall charge a fee of $125 for the issuance of a
commercial placer mining permit.
  (4) A commercial placer mining permit expires one year after
the date on which the department issues the permit.
  (5) Fees received under this section shall be credited to the
Common School Fund for use by the department in the
administration of ORS 196.600 to 196.905.
  (6) The director may adopt rules necessary to implement the
provisions of this section.
  (7) As used in this section, 'commercial placer mining' has the
meaning given that term in rules adopted by the director. + }
  SECTION 2. { +  (1) A person commits the crime of practicing
commercial placer mining without a permit if the person practices

commercial placer mining without acquiring a commercial placer
mining permit as required by section 1 of this 2013 Act.
  (2) Practicing commercial placer mining without a permit is a
Class C misdemeanor. + }
  SECTION 3. { +  (1) Except as provided in subsection (2) of
this section, sections 1 and 2 of this 2013 Act become operative
on November 1, 2013.
  (2) The Director of the Department of State Lands may adopt
rules before the operative date specified in subsection (1) of
this section, or take any other action before the operative date
specified in subsection (1) of this section, that are necessary
to implement, on and after the operative date specified in
subsection (1) of this section, sections 1 and 2 of this 2013
Act.
  (3) Sections 1 and 2 of this 2013 Act apply to conduct
occurring on or after the operative date specified in subsection
(1) of this section. + }
  SECTION 4. { +  This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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