Bill Text: OR SB388 | 2013 | Regular Session | Introduced
Bill Title: Relating to waterways; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB388 Detail]
Download: Oregon-2013-SB388-Introduced.html
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 843 Senate Bill 388 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. Requires State Parks and Recreation Commission to designate segments of five waterways for use by public under certain pilot project management plans. Requires commission to adopt pilot project management plans for waterways. Requires State Parks and Recreation Director to report to Legislative Assembly. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to waterways; and declaring an emergency. Whereas the waterways of Oregon are an integral part of the scenic beauty and the history of this state; and Whereas many people use the waterways of Oregon for recreation and other activities; and Whereas the waterways of Oregon should, to the greatest extent practicable, be enjoyed by all who live in and visit this state; and Whereas the rights of owners of property adjacent to the waterways of Oregon should be respected by those who use these waterways; and Whereas the designation of certain segments of waterways of Oregon for use by the public under a pilot project management plan developed by the State Parks and Recreation Commission will help ensure the best use of the waterways of Oregon; now, therefore, Be It Enacted by the People of the State of Oregon: SECTION 1. { + After consultation with the Department of State Lands and the State Department of Fish and Wildlife, and after consideration of the use of waterways in this state by the public, the State Parks and Recreation Commission by rule shall designate one segment for each of five waterways for use by the public pursuant to the pilot project management plans specified in section 3 of this 2013 Act. Following adoption of the pilot project management plans by the commission pursuant to section 3 of this 2013 Act, the segments of waterways designated by the commission under this section shall be available for use by the public pursuant to the pilot project management plans. + } SECTION 2. { + The State Parks and Recreation Commission shall adopt the rules specified in section 1 of this 2013 Act not later than April 1, 2014. + } SECTION 3. { + The State Parks and Recreation Commission by rule shall adopt a pilot project management plan for each of the segments designated in section 1 of this 2013 Act. The rules adopted under this section shall address matters related to the use of the waterways in this state by the public, including but not limited to: (1) Educational initiatives to be carried out by the State Parks and Recreation Department to educate the public regarding use of the waterways. (2) Educational initiatives to be carried out by the department to educate owners of property adjacent to the waterways regarding use of the waterways by the public. + } SECTION 4. { + The State Parks and Recreation Commission shall adopt the rules specified in section 3 of this 2013 Act not later than April 1, 2015. + } SECTION 5. { + Sections 1 and 3 of this 2013 Act do not apply to: (1) Any treaty or right of any federally recognized Indian tribe. (2) Land held in trust by the federal government for Indian tribes or individual members of Indian tribes. (3) The rights of a person who owns property immediately adjacent to a waterway to engage in farming practices, as defined in ORS 30.930, on that property, except that the person may not erect a barrier. + } SECTION 6. { + Not later than February 1, 2016, the State Parks and Recreation Director shall submit a report to the Seventy-eighth Legislative Assembly describing the activities of the State Parks and Recreation Commission and the State Parks and Recreation Department, as specified in sections 1 and 3 of this 2013 Act. The report also shall contain recommendations regarding whether segments of other waterways in this state should be designated for use by the public pursuant to pilot project management plans. + } SECTION 7. { + 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. + } ----------