71st OREGON LEGISLATIVE ASSEMBLY--2001 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 995
House Bill 2182
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., 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.
Creates system for indexing hunting and angling licenses and
tags to increased State Department of Fish and Wildlife costs.
Establishes baseline for fees.
Takes effect January 1, 2004.
A BILL FOR AN ACT
Relating to wildlife fees; creating new provisions; amending ORS
291.055, 497.022, 497.102, 497.112, 497.121, 497.132, 497.142,
497.258 and 508.285; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 291.055 is amended to read:
291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted after July 1 of any
odd-numbered year:
(a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
(b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
(c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on July 1 of the next following odd-numbered
year, or on adjournment sine die of the regular session of the
Legislative Assembly meeting in that year, whichever is later,
unless otherwise authorized by enabling legislation setting forth
the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the State Board of Higher
Education and state institutions of higher education.
(b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
(c) Fees or payments required for:
(A) Health care services provided by the Oregon Health Sciences
University, by the Oregon Veterans' Homes and by other state
agencies and institutions pursuant to ORS 179.610 to 179.770.
(B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the Oregon medical
assistance program.
(d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and the fee assessed is based on
actual cost of services provided.
(e) State agency charges on employees for benefits and
services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
(h) Office of Energy assessments required by ORS 469.421 (8)
and 469.681.
(i) Any charges established by the Oregon State Fair and
Exposition Center in accordance with ORS 565.080 (3).
(j) Assessments on premiums charged by the Insurance Division
of the Department of Consumer and Business Services pursuant to
ORS 731.804 or fees charged by the Division of Finance and
Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS
706.530 and 723.114.
(k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
{ + (L) State Fish and Wildlife Commission fees established
through the fee indexing system described by section 15 of this
2001 Act. + }
(3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be restored to their normal level if, at
the time the fee is decreased, the state agency specifies the
following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee will be restored to its
normal level.
(b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
SECTION 2. ORS 497.022 is amended to read:
497.022. (1) The State Fish and Wildlife Commission may appoint
agents to issue any of the licenses, tags or permits the
commission is authorized by law to issue. The commission shall
prescribe the procedure for the issuance of such licenses, tags
and permits. Agents of the commission shall issue licenses, tags
and permits in accordance with the prescribed procedure and shall
charge and collect the fees prescribed by law therefor.
(2) In addition to the fees prescribed by law for the issuance
of a license, tag or permit, the issuing agent shall charge and
collect { + , + } { - $5 - } for each resident annual
sportsman's license issued pursuant to ORS 497.132 (2)(a) and
{ - $1.50 each - } for any other license, tag or permit { + , a
fee established by section 15 of this 2001 Act + }. If the agent
is a county clerk, the agent shall deposit such additional fees
in the general fund of the county for which the agent is the
clerk. If the agent is an employee of the State Department of
Fish and Wildlife, the moneys shall be deposited in the State
Wildlife Fund. Agents other than county clerks or department
employees who issue licenses without the use of a state
computerized licensing system may retain such additional fees for
their license tag or permit issuance services. Agents other than
county clerks or department employees who issue licenses, tags or
permits using a state computerized licensing system may retain
such portion of the additional fees, but not less than $2.50 for
each resident annual sportsman's license issued pursuant to ORS
497.132 (2)(a) or 75 cents for any other license, tag or permit,
as may be specified by contract between the department and the
agent for license, tag or permit issuance service performed by
the agent.
(3) If the commission finds that an agent appointed pursuant to
this section has violated any of the provisions of law or the
procedures prescribed by the commission for the issuance of
licenses, tags or permits or the collection and disposition of
fees therefrom, the commission may revoke the authority of the
agent to issue licenses, tags and permits, or may suspend such
authority for such time as the commission considers appropriate.
SECTION 3. ORS 497.022, as amended by section 13, chapter 1006,
Oregon Laws 1999, is amended to read:
497.022. (1) The State Fish and Wildlife Commission may appoint
agents to issue any of the licenses, tags or permits the
commission is authorized by law to issue. The commission shall
prescribe the procedure for the issuance of such licenses, tags
and permits. Agents of the commission shall issue licenses, tags
and permits in accordance with the prescribed procedure and shall
charge and collect the fees prescribed by law therefor.
(2) In addition to the fees prescribed by law for the issuance
of a license, tag or permit, the issuing agent shall charge and
collect { + , + } { - $1 - } for each license, tag or
permit { + , a fee established by section 15 of this 2001
Act + }. If the agent is a county clerk, the agent shall deposit
such additional fees in the general fund of the county for which
the agent is the clerk. If the agent is an employee of the State
Department of Fish and Wildlife, the moneys shall be deposited in
the State Wildlife Fund. Agents other than county clerks or
department employees who issue licenses without the use of a
state computerized licensing system may retain such additional
fees for their license tag or permit issuance services. Agents
other than county clerks or department employees who issue
licenses, tags or permits using a state computerized licensing
system may retain such portion of the additional fees, but not
less than 50 cents, as may be specified by contract between the
department and the agent for license, tag or permit issuance
service performed by the agent.
(3) If the commission finds that an agent appointed pursuant to
this section has violated any of the provisions of law or the
procedures prescribed by the commission for the issuance of
licenses, tags or permits or the collection and disposition of
fees therefrom, the commission may revoke the authority of the
agent to issue licenses, tags and permits, or may suspend such
authority for such time as the commission considers appropriate.
SECTION 4. ORS 497.102 is amended to read:
497.102. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
hunt wildlife the following licenses and permits { - and shall
charge therefor the following fees - } :
(a) Resident annual hunting license to hunt wildlife { - ,
$14 - } .
(b) Nonresident annual hunting license to hunt wildlife { - ,
$55 - } .
(c) Resident annual juvenile hunting license for persons 14
through 17 years of age to hunt wildlife except those species for
which a game mammal tag or permit is required by the wildlife
laws or by any rule promulgated pursuant thereto { - , $2 - } .
(d) Resident pioneer hunting license to hunt wildlife for
persons 65 years of age or older who have resided in the state
for not less than 50 years prior to the date of application
{ - , free - } .
(e) Resident annual senior citizen hunting license to hunt
wildlife for persons 70 years of age or older who have resided in
the state for not less than five years prior to the date of
application { - , one-half the fee imposed under paragraph (a)
of this subsection for a resident annual hunting license to hunt
wildlife - } .
(f) Resident disabled war veteran hunting license to hunt
wildlife for persons who have resided in the state for not less
than one year immediately prior to the date of application and
who file with the commission written proof that the last official
certification of record by the United States Department of
Veterans Affairs or any branch of the Armed Forces of the United
States shows the person to be at least 25 percent disabled { - ,
free - } .
(g) Annual resident private hunting preserve permit to hunt
privately owned hunting preserve game birds { - , $3 - } .
(h) Annual nonresident private hunting preserve permit to hunt
privately owned hunting preserve game birds { - , $9 - } .
(2) The hunting preserve permits referred to in subsection
(1)(g) and (h) of this section are in lieu of the hunting
licenses required by the wildlife laws.
{ + (3) The commission shall charge a fee for any of the
licenses or permits described in this section in an amount
determined under section 15 of this 2001 Act. + }
SECTION 5. ORS 497.102, as amended by section 14, chapter 1006,
Oregon Laws 1999, is amended to read:
497.102. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
hunt wildlife the following licenses and permits { - and shall
charge therefor the following fees - } :
(a) Resident annual hunting license to hunt wildlife { - ,
$12 - } .
(b) Nonresident annual hunting license to hunt wildlife { - ,
$50 - } .
(c) Resident annual juvenile hunting license for persons 14
through 17 years of age to hunt wildlife except those species for
which a game mammal tag or permit is required by the wildlife
laws or by any rule promulgated pursuant thereto { - , $2 - } .
(d) Resident pioneer hunting license to hunt wildlife for
persons 65 years of age or older who have resided in the state
for not less than 50 years prior to the date of application
{ - , $1 - } .
(e) Resident senior citizen hunting license to hunt wildlife
for persons 70 years of age or older who have resided in the
state for not less than five years prior to the date of
application { - , free - } .
(f) Resident disabled war veteran hunting license to hunt
wildlife for persons who have resided in the state for not less
than one year immediately prior to the date of application and
who file with the commission written proof that the last official
certification of record by the United States Department of
Veterans Affairs or any branch of the Armed Forces of the United
States shows the person to be at least 25 percent disabled { - ,
free - } .
(g) Annual resident private hunting preserve permit to hunt
privately owned hunting preserve game birds { - , $3 - } .
(h) Annual nonresident private hunting preserve permit to hunt
privately owned hunting preserve game birds { - , $9 - } .
(2) The hunting preserve permits referred to in subsection
(1)(g) and (h) of this section are in lieu of the hunting
licenses required by the wildlife laws.
{ + (3) The commission shall charge a fee for any of the
licenses or permits described in this section in an amount
determined under section 15 of this 2001 Act. + }
SECTION 6. ORS 497.112 is amended to read:
497.112. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
hunt wildlife the following general tags { - and shall charge
therefor the following fees - } :
(a) Resident annual elk tag to hunt elk { - , $28 - } .
(b) Nonresident annual elk tag to hunt elk { - , $305 - } .
(c) Special annual elk tag for holders of pioneer or disabled
veteran hunting licenses to hunt elk { - , one-half the fee
imposed under paragraph (a) of this subsection for a resident
annual elk tag to hunt elk - } .
(d) Resident annual deer tag to hunt deer { - , $13 - } .
(e) Nonresident annual deer tag to hunt deer { - , $190 - } .
(f) Resident annual black bear tag to hunt black bear { - ,
$10 - } .
(g) Nonresident annual black bear tag to hunt black bear { - ,
$150 - } .
(h) Resident annual mountain sheep tag to hunt mountain sheep
{ - , $90 - } .
(i) Nonresident annual mountain sheep tag to hunt mountain
sheep { - , $975 - } .
(j) Resident annual mountain goat tag to hunt mountain goat
{ - , $90 - } .
(k) Nonresident annual mountain goat tag to hunt mountain goat
{ - , $975 - } .
(L) Resident annual cougar tag to hunt cougar { - , $10 - } .
(m) Nonresident annual cougar tag to hunt cougar { - ,
$150 - } .
(n) Resident annual antelope tag to hunt antelope { - ,
$25 - } .
(o) Nonresident annual antelope tag to hunt antelope { - ,
$200 - } .
(p) Resident annual turkey tag to hunt turkeys { - , $10 - } .
(q) Nonresident annual turkey tag to hunt turkeys { - ,
$40 - } .
(2)(a) Notwithstanding ORS 496.146 (10), the commission is
authorized to issue each year one special mountain sheep tag to
hunt mountain sheep. The tag shall be auctioned to the highest
bidder in a manner prescribed by the commission.
(b) In addition to the tag referred to in paragraph (a) of this
subsection, the commission is authorized to issue each year one
special mountain sheep tag to hunt mountain sheep that is raffled
in a manner prescribed by the commission.
(c) Notwithstanding ORS 496.146 (10), the commission, upon the
recommendation of the Access and Habitat Board to fulfill the
board's charge of providing incentives to increase public access
and habitat improvements to private land, is authorized to issue
each year up to 10 elk and 10 deer tags to hunt deer or elk. The
tags shall be auctioned or raffled to the highest bidder in a
manner prescribed by the commission. The Access and Habitat
Board, in recommending any tags, shall include a proposal as to
the land on which each tag can be used and a percentage of funds
received from the tags that may revert to the landowner if the
tag is limited to private land. However, the percentage cannot be
more than 50 percent and the programs must, by written agreement,
provide for public access and habitat improvements.
(3) The tags referred to in subsection (1) of this section are
in addition to and not in lieu of the hunting licenses required
by law.
(4) The commission may, at the time of issue only, indorse upon
the tags referred to in subsection (1) of this section an
appropriate designation indicating whether it is for a game
animal to be taken with bow and arrow or with firearms, at the
choice of the applicant. The commission may prescribe by rule
that the holder of such a tag shall not be authorized to take the
game animal by any other means than the tag so indorsed.
(5) Except as provided in subsection (6) of this section, a
person is not eligible to obtain, in a lifetime, more than one
tag issued by the commission to hunt mountain sheep and one tag
issued by the commission to hunt mountain goat.
(6) A person is eligible to obtain mountain sheep tags
described in subsection (2)(a) and (b) of this section,
regardless of whether the person has previously taken a mountain
sheep or previously obtained a mountain sheep tag issued pursuant
to subsection (1) or (2)(a) or (b) of this section.
(7) The number of nonresident mountain goat tags and
nonresident mountain sheep tags shall be decided by the
commission, but:
(a) The number of nonresident mountain goat tags shall not be
less than five percent nor more than 10 percent of all mountain
goat tags issued.
(b) The number of nonresident mountain sheep tags shall not be
less than five percent nor more than 10 percent of all mountain
sheep tags issued.
(8) The number of tags issued by drawing under subsection
(1)(g), (m) and (o) of this section shall be decided by the
commission, but for each class of tag so issued, the number shall
not be more than three percent of all tags of that class issued
for hunting in a particular area except one nonresident tag may
be issued for each hunt when the number of authorized tags is
less than 35. The number of tags issued under subsection (1)(g)
of this section for the general hunting season shall be decided
by the commission, but the number shall not be more than three
percent of all tags issued the previous year for hunting in a
particular area.
(9) The number of tags issued by drawing under subsection
(1)(b) and (e) of this section shall be decided by the
commission, but for each class of tag so issued, the number shall
not be more than five percent of all tags of that class issued
for hunting in a particular area except one nonresident tag may
be issued for each hunt when the number of authorized tags is
fewer than 35. The commission shall set the percentage by rule
each year after holding a public hearing.
(10) If a controlled hunt for game mammals is undersubscribed
during the primary controlled hunt drawing, the commission may
issue the unallocated tags to licensed hunters at up to four
times the standard tag fee on a first-come, first-served basis.
This controlled hunt tag program shall be in addition to and not
replace any existing controlled hunt tag program.
{ + (11) The commission shall charge a fee for any of the
tags described in this section in an amount determined under
section 15 of this 2001 Act. + }
SECTION 7. ORS 497.112, as amended by section 15, chapter 1006,
Oregon Laws 1999, is amended to read:
497.112. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
hunt wildlife the following general tags { - and shall charge
therefor the following fees - } :
(a) Resident annual elk tag to hunt elk { - , $25 - } .
(b) Nonresident annual elk tag to hunt elk { - , $290 - } .
(c) Special annual elk tag for holders of pioneer or disabled
veteran hunting licenses to hunt elk { - , $2.50 - } .
(d) Resident annual deer tag to hunt deer { - , $10 - } .
(e) Nonresident annual deer tag to hunt deer { - , $175 - } .
(f) Resident annual black bear tag to hunt black bear { - ,
$10 - } .
(g) Nonresident annual black bear tag to hunt black bear { - ,
$150 - } .
(h) Resident annual mountain sheep tag to hunt mountain sheep
{ - , $90 - } .
(i) Nonresident annual mountain sheep tag to hunt mountain
sheep { - , $975 - } .
(j) Resident annual mountain goat tag to hunt mountain goat
{ - , $90 - } .
(k) Nonresident annual mountain goat tag to hunt mountain goat
{ - , $975 - } .
(L) Resident annual cougar tag to hunt cougar { - , $10 - } .
(m) Nonresident annual cougar tag to hunt cougar { - ,
$225 - } .
(n) Resident annual antelope tag to hunt antelope { - ,
$25 - } .
(o) Nonresident annual antelope tag to hunt antelope { - ,
$200 - } .
(p) Resident annual turkey tag to hunt turkeys { - , $10 - } .
(q) Nonresident annual turkey tag to hunt turkeys { - ,
$40 - } .
(2)(a) Notwithstanding ORS 496.146 (10), the commission is
authorized to issue each year one special mountain sheep tag to
hunt mountain sheep. The tag shall be auctioned to the highest
bidder in a manner prescribed by the commission.
(b) In addition to the tag referred to in paragraph (a) of this
subsection, the commission is authorized to issue each year one
special mountain sheep tag to hunt mountain sheep that is raffled
in a manner prescribed by the commission.
(c) Notwithstanding ORS 496.146 (10), the commission, upon the
recommendation of the Access and Habitat Board to fulfill the
board's charge of providing incentives to increase public access
and habitat improvements to private land, is authorized to issue
each year up to 10 elk and 10 deer tags to hunt deer or elk. The
tags shall be auctioned or raffled to the highest bidder in a
manner prescribed by the commission. The Access and Habitat
Board, in recommending any tags, shall include a proposal as to
the land on which each tag can be used and a percentage of funds
received from the tags that may revert to the landowner if the
tag is limited to private land. However, the percentage cannot be
more than 50 percent and the programs must, by written agreement,
provide for public access and habitat improvements.
(3) The tags referred to in subsection (1) of this section are
in addition to and not in lieu of the hunting licenses required
by law.
(4) The commission may, at the time of issue only, indorse upon
the tags referred to in subsection (1) of this section an
appropriate designation indicating whether it is for a game
animal to be taken with bow and arrow or with firearms, at the
choice of the applicant. The commission may prescribe by rule
that the holder of such a tag shall not be authorized to take the
game animal by any other means than the tag so indorsed.
(5) Except as provided in subsection (6) of this section, a
person is not eligible to obtain, in a lifetime, more than one
tag issued by the commission to hunt mountain sheep and one tag
issued by the commission to hunt mountain goat.
(6) A person is eligible to obtain mountain sheep tags
described in subsection (2)(a) and (b) of this section,
regardless of whether the person has previously taken a mountain
sheep or previously obtained a mountain sheep tag issued pursuant
to subsection (1) or (2)(a) or (b) of this section.
(7) The number of nonresident mountain goat tags and
nonresident mountain sheep tags shall be decided by the
commission, but:
(a) The number of nonresident mountain goat tags shall not be
less than five percent nor more than 10 percent of all mountain
goat tags issued.
(b) The number of nonresident mountain sheep tags shall not be
less than five percent nor more than 10 percent of all mountain
sheep tags issued.
(8) The number of tags issued by drawing under subsection
(1)(g), (m) and (o) of this section shall be decided by the
commission, but for each class of tag so issued, the number shall
not be more than three percent of all tags of that class issued
for hunting in a particular area except one nonresident tag may
be issued for each hunt when the number of authorized tags is
less than 35. The number of tags issued under subsection (1)(g)
of this section for the general hunting season shall be decided
by the commission, but the number shall not be more than three
percent of all tags issued the previous year for hunting in a
particular area.
(9) The number of tags issued by drawing under subsection
(1)(b) and (e) of this section shall be decided by the
commission, but for each class of tag so issued, the number shall
not be more than five percent of all tags of that class issued
for hunting in a particular area except one nonresident tag may
be issued for each hunt when the number of authorized tags is
fewer than 35. The commission shall set the percentage by rule
each year after holding a public hearing.
(10) If a controlled hunt for game mammals is undersubscribed
during the primary controlled hunt drawing, the commission may
issue the unallocated tags to licensed hunters at up to four
times the standard tag fee on a first-come, first-served basis.
This controlled hunt tag program shall be in addition to and not
replace any existing controlled hunt tag program.
{ + (11) The commission shall charge a fee for any of the
tags described in this section in an amount determined under
section 15 of this 2001 Act. + }
SECTION 8. ORS 497.121 is amended to read:
497.121. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
angle for fish the following licenses and tags { - and shall
charge therefor the following fees - } :
(a) Resident annual angling license { - , $16 - } .
(b) Nonresident annual angling license { - , $41.75 - } .
(c) Nonresident angling license to angle for seven consecutive
days { - , $30.50 - } .
(d) Angling license to angle for one day { - , $5.25 - } .
(e) Resident annual juvenile angling license for persons 14
through 17 years of age { - , $4 - } .
(f) Resident pioneer angling license for persons 65 years of
age or older who have resided in the state for not less than 50
years prior to the date of application { - , free - } .
(g) Resident annual senior citizen angling license for persons
70 years of age or older who have resided in the state for not
less than five years prior to the date of application { - ,
one-half the fee imposed under paragraph (a) of this subsection
for a resident annual angling license - } .
(h) Resident disabled war veteran angling license for persons
who have resided in the state for not less than one year
immediately prior to the date of application and who file with
the commission written proof that the last official certification
of record by the United States Department of Veterans Affairs or
by any branch of the Armed Forces of the United States shows the
person to be at least 25 percent disabled { - , free - } .
(i) Annual tag to angle for salmon, steelhead trout, sturgeon
and halibut { - , $15 - } .
(j) Annual tag for persons under 18 years of age to angle for
salmon, steelhead trout, sturgeon and halibut { - , $5 - } .
(2) Any person who holds a valid permanent angling license for
blind persons or a permanent angling license for persons in a
wheelchair issued by the commission before January 1, 2000, need
not obtain a resident annual angling license under this section.
(3) The annual tags to angle for salmon, steelhead trout,
sturgeon and halibut referred to in subsection (1)(i) and (j) of
this section are in addition to and not in lieu of the angling
licenses required by the wildlife laws. However, an annual tag to
angle for salmon, steelhead trout, sturgeon and halibut is not
required of a person who holds a valid angling license referred
to in subsection (1)(c) or (d) of this section.
{ + (4) The commission shall charge a fee for any of the
licenses and tags described in this section in an amount
determined under section 15 of this 2001 Act. + }
SECTION 9. ORS 497.121, as amended by section 16, chapter 1006,
Oregon Laws 1999, is amended to read:
497.121. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
angle for fish the following licenses and tags { - and shall
charge therefor the following fees - } :
(a) Resident annual angling license { - , $14.25 - } .
(b) Nonresident annual angling license { - , $34.25 - } .
(c) Nonresident angling license to angle for seven consecutive
days { - , $26.75 - } .
(d) Angling license to angle for one day { - , $4.50 - } .
(e) Resident annual juvenile angling license for persons 14
through 17 years of age { - , $4 - } .
(f) Resident pioneer angling license for persons 65 years of
age or older who have resided in the state for not less than 50
years prior to the date of application { - , $1 - } .
(g) Resident senior citizen angling license for persons 70
years of age or older who have resided in the state for not less
than five years prior to the date of application { - , free - }
.
(h) Resident disabled war veteran angling license for persons
who have resided in the state for not less than one year
immediately prior to the date of application and who file with
the commission written proof that the last official certification
of record by the United States Department of Veterans Affairs or
by any branch of the Armed Forces of the United States shows the
person to be at least 25 percent disabled { - , free - } .
(i) Annual tag to angle for salmon, steelhead trout, sturgeon
and halibut { - , $15 - } .
(j) Annual tag for persons under 18 years of age to angle for
salmon, steelhead trout, sturgeon and halibut { - , $5 - } .
(2) Any person who holds a valid permanent angling license for
blind persons or a permanent angling license for persons in a
wheelchair issued by the commission before January 1, 2000, need
not obtain a resident annual angling license under this section.
(3) The annual tags to angle for salmon, steelhead trout,
sturgeon and halibut referred to in subsection (1)(i) and (j) of
this section are in addition to and not in lieu of the angling
licenses required by the wildlife laws. However, an annual tag to
angle for salmon, steelhead trout, sturgeon and halibut is not
required of a person who holds a valid angling license referred
to in subsection (1)(c) or (d) of this section.
{ + (4) The commission shall charge a fee for any of the
licenses and tags described in this section in an amount
determined under section 15 of this 2001 Act. + }
SECTION 10. ORS 497.132 is amended to read:
497.132. (1) In lieu of issuing to resident persons separate
licenses for angling and hunting, the State Fish and Wildlife
Commission is authorized to issue resident annual combination
angling and hunting licenses { - , and charge therefor a fee of
$28 - } .
(2)(a) In lieu of issuing to resident persons separate licenses
and tags for various hunting and angling activities, the
commission is authorized to issue resident annual sportsperson's
licenses { - and shall charge therefor a fee of $100 - } . The
purchaser of each such license is authorized to engage in those
hunting and angling activities for which the following licenses
and tags are required:
(A) Combination license;
(B) Black bear tag;
(C) Cougar tag;
(D) General season elk tag;
(E) General season deer tag;
(F) Upland bird stamp;
(G) Oregon migratory waterfowl stamp;
(H) Turkey tag; and
(I) Annual tag to angle for salmon, steelhead trout, sturgeon
and halibut.
(b) The holder of each sportsperson's license who wishes to
engage in hunting or angling activities for which permits are
required that are limited by quota must participate in the
process for allocation of the permits in the same manner as all
other permit applicants. However, if the holder of a
sportsperson's license is unsuccessful in obtaining a permit
limited by quota for a particular activity, the holder will be
issued a tag valid for any general season for that species.
(c) Notwithstanding any other provision of the wildlife laws,
of the moneys received from the sale of sportsperson's licenses:
(A) Two dollars from each such license shall be credited to the
subaccount referred to in ORS 496.242.
(B) Two dollars from each such license shall be credited to the
subaccount referred to in section 10, chapter 512, Oregon Laws
1989.
(C) Twenty-five cents from each such license shall be credited
to the subaccount referred to in ORS 496.300 (5).
{ + (3) The commission shall charge a fee for any of the
licenses described in this section in an amount determined under
section 15 of this 2001 Act. + }
SECTION 11. ORS 497.132, as amended by section 17, chapter
1006, Oregon Laws 1999, is amended to read:
497.132. (1) In lieu of issuing to resident persons separate
licenses for angling and hunting, the State Fish and Wildlife
Commission is authorized to issue resident annual combination
angling and hunting licenses { - , and charge therefor a fee of
$24.25 - } .
(2)(a) In lieu of issuing to resident persons separate licenses
and tags for various hunting and angling activities, the
commission is authorized to issue resident annual sportsperson's
licenses { - and shall charge therefor a fee of $100 - } . The
purchaser of each such license is authorized to engage in those
hunting and angling activities for which the following licenses
and tags are required:
(A) Combination license;
(B) Black bear tag;
(C) Cougar tag;
(D) General season elk tag;
(E) General season deer tag;
(F) Upland bird stamp;
(G) Oregon migratory waterfowl stamp;
(H) Turkey tag; and
(I) Annual tag to angle for salmon, steelhead trout, sturgeon
and halibut.
(b) The holder of each sportsperson's license who wishes to
engage in hunting or angling activities for which permits are
required that are limited by quota must participate in the
process for allocation of the permits in the same manner as all
other permit applicants. However, if the holder of a
sportsperson's license is unsuccessful in obtaining a permit
limited by quota for a particular activity, the holder will be
issued a tag valid for any general season for that species.
(c) Notwithstanding any other provision of the wildlife laws,
of the moneys received from the sale of sportsperson's licenses:
(A) Two dollars from each such license shall be credited to the
subaccount referred to in ORS 496.242.
(B) Five dollars from each such license shall be credited to
the subaccount referred to in section 10, chapter 512, Oregon
Laws 1989.
(C) Twenty-five cents from each such license shall be credited
to the subaccount referred to in ORS 496.300 (5).
{ + (3) The commission shall charge a fee for any of the
licenses described in this section in an amount determined under
section 15 of this 2001 Act. + }
SECTION 12. ORS 497.142 is amended to read:
497.142. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
take fur-bearing mammals the following licenses and tags
{ - and shall charge therefor the following fees - } :
(a) Resident annual license to trap or hunt fur-bearing mammals
{ - , $30 - } .
(b) Juvenile annual license to trap or hunt fur-bearing mammals
{ - , $15 - } .
(c) Resident annual license to hunt fur-bearing mammals { - ,
$11 - } .
(d) Nonresident annual fur-takers license to trap or hunt
fur-bearing mammals { - , $175 - } .
(e) Furbearer annual tags to take fur-bearing mammals { - ,
such amount for each tag as the commission may prescribe, but not
more than $10 - } .
(2) The tags referred to in subsection (1)(e) of this section
are in addition to and not in lieu of the licenses referred to in
subsection (1)(c) and (d) of this section.
{ + (3) The commission shall charge a fee for any of the
licenses or tags described in this section in an amount
determined under section 15 of this 2001 Act. + }
SECTION 13. ORS 497.258 is amended to read:
497.258. { + (1) + } The State { - Department of - } Fish
and Wildlife { + Commission + } is authorized to issue, upon
application, to persons desiring to engage in the following
occupations the following licenses { - and shall charge
therefor the following fees - } :
{ - (1) - } { + (a) + } Resident annual fur dealer license
{ - , $10 - } .
{ - (2) - } { + (b) + } Resident annual taxidermist license
{ - , $5 - } .
{ - (3) - } { + (c) + } Resident annual wildlife
propagation license { - , $5 - } .
{ - (4) - } { + (d) + } Resident annual fish propagation
license { - , $25 - } .
{ - (5) - } { + (e) + } Resident annual private hunting
preserve license { - , $100 - } .
{ + (2) The commission shall charge a fee for any of the
licenses described in this section in an amount determined under
section 15 of this 2001 Act. + }
SECTION 14. ORS 508.285 is amended to read:
508.285. (1) { - The fee for each license required by this
chapter is as follows: - } { + The State Fish and Wildlife
Commission may, upon application, issue the following
licenses: + }
(a) Albacore tuna landing license { - , $20 - } .
(b) Resident boat license { - , $200 - } .
(c) Nonresident boat license { - , $400 - } .
(d) Resident commercial fishing license { - , $50 - } .
(e) Nonresident commercial fishing license { - , $100 - } .
(f) Commercial fishing license for resident persons 18 years of
age or younger { - , $25 - } .
(g) Commercial bait fishing license { - , $60 - } .
(h) Fish buyer license { - , $150 - } .
(i) Fish bait dealer license { - , $60 - } .
(j) Food fish canner license { - , $350 - } .
(k) Shellfish canner license { - , $350 - } .
(L) Single delivery license { - , $100 - } .
(m) Wholesale fish dealer license { - , $350 - } .
(2) As used in this section, 'resident' means an actual bona
fide resident of this state for at least one year prior to
application for a license.
{ + (3) The commission shall charge a fee for any of the
licenses described in this section in an amount determined under
section 15 of this 2001 Act. + }
SECTION 15. { + (1) On January 1 of each even-numbered year,
the State Fish and Wildlife Commission shall establish fees to be
charged for the licenses, permits and tags described in ORS
497.022, 497.102, 497.112, 497.121, 497.132, 497.142, 497.258 and
508.285 during the biennium through the fee indexing system
established in subsection (2) of this section.
(2) The fees to be charged by the commission are the sum of the
following components, rounded to the nearest 10-cent increment:
(a) The baseline fee; and
(b) The baseline fee multiplied by the result of the following
equation:
(weighting factor 1 X inflation factor 2) + (weighting factor
2 X inflation factor 1) X weighting factor 3.
(3) For purposes of this section:
(a) 'Baseline fee' means an amount equal to the license, permit
or tag fee in effect for the immediately preceding biennium
ending December 31.
(b) 'Inflation factor 1' means the biennial general inflation
factor, expressed in decimal format, provided in the Oregon
Department of Administrative Services budget instructions for
computing the increase in the costs of goods and services for the
current fiscal biennium beginning on July 1 of the previous
odd-numbered year.
(c) 'Inflation factor 2' means the percentage increase,
expressed in decimal format, in Oregon Department of
Administrative Services approved salaries for classified
unrepresented employees for the fiscal biennium ending June 30 of
the previous odd-numbered year.
(d) 'Weighting factor 1' means the ratio, expressed in decimal
format, of the amount budgeted for personal services in the Other
Funds portion of the State Department of Fish and Wildlife budget
for the current fiscal biennium to the amount budgeted for the
total of personal services, services and supplies and special
payments.
(e) 'Weighting factor 2' means the ratio, expressed in decimal
format, of the amount budgeted for the total of services and
supplies and special payments in the Other Funds portion of the
State Department of Fish and Wildlife budget to the amount
budgeted for the total of personal services, services and
supplies and special payments.
(f) 'Weighting factor 3' means the ratio, expressed in decimal
format, of the amount budgeted for the total of personal
services, services and supplies and special payments in the Other
Funds portion of the State Department of Fish and Wildlife budget
to the total Other Funds budget. + }
SECTION 16. { + This 2001 Act takes effect January 1,
2004. + }
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