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 1097
House Bill 2199
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 the State Parks and Recreation Department)
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.
Allows State Parks and Recreation Commission to increase
maximum allowable charge for day use facilities in state parks.
Allows commission to adopt rules relating to other fees. Allows
commission to enter into agreements with other state and local
agencies for collection and enforcement of fees.
A BILL FOR AN ACT
Relating to fees at state parks; creating new provisions; and
amending ORS 390.124 and 390.134.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 390.124 is amended to read:
390.124. In accordance with any applicable provision of ORS
183.310 to 183.550, the State Parks and Recreation Commission may
adopt rules necessary to carry out the duties, functions and
powers imposed by law upon the commission and the State Parks and
Recreation Department. { - The rules may provide reasonable
charges for use of accommodations provided at areas established
and maintained by the department. - } Rules adopted pursuant to
this section shall be duly entered in the minutes and records of
the department. { - However, the department by rule shall
authorize the use of any state park, individual campsite or day
use fee area without charge, upon proper identification by: - }
{ - (1) Foster parents described in ORS 243.140 (1) and their
children, when accompanied by their foster children. - }
{ - (2) A person maintaining a developmental disability child
foster home certified under ORS 443.830 and 443.835 and the
person's children, when accompanied by a foster child residing in
the home. - }
SECTION 2. { + Section 3 of this 2001 Act is added to and made
a part of ORS chapter 390. + }
SECTION 3. { + (1) Pursuant to ORS 390.124, the State Parks
and Recreation Commission may adopt rules:
(a) Establishing fees for day use facilities at state-owned or
state-managed property. Day use fees established under this
paragraph may not exceed $6 for a daily permit or $40 for an
annual permit.
(b) Establishing fees, other than day use fees, for the use of
state-owned or state-managed properties, including but not
limited to fees for special events, services and overnight
rentals.
(c) Allowing payment for other services at state parks to serve
in lieu of any day use fee.
(d) Allowing fee exemptions when a property deed, lease or
contract precludes the charging of fees.
(2) Notwithstanding the discretionary authority to adopt rules
under ORS 390.124, the commission shall adopt rules authorizing
the use of any state park, individual campsite or day use fee
area without charge, except for reservation fees, upon proper
identification by:
(a) Foster parents described in ORS 243.140 (1) and their
children, when accompanied by their foster children.
(b) A person maintaining a developmental disability child
foster home certified under ORS 443.835 and the person's
children, when accompanied by a foster child residing in the
home.
(3) The commission may enter into cooperative agreements with
other state and local agencies to assist in the collection and
enforcement of fees adopted pursuant to this section. + }
SECTION 4. ORS 390.134 is amended to read:
390.134. The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. The
following apply to the fund established by this section:
(1) The fund shall consist of the following:
(a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund shall be credited to the fund.
(b) All registration fees received by the Department of
Transportation for campers, manufactured structures, motor homes
and travel trailers which are transferred to the fund under ORS
366.512. Such funds shall be deposited in a separate subaccount
established under subsection (2) of this section.
(c) Revenue from fees and charges pursuant to { - ORS
390.124 - } { + section 3 of this 2001 Act + }.
(2) Any moneys placed in the fund for a particular purpose may
be placed in a separate subaccount within the fund. Each separate
subaccount established under this subsection shall be separately
accounted for. Moneys placed in a subaccount shall be used for
the purposes for which they are deposited.
(3) All of the moneys in the fund except those moneys described
in subsection (2), (4), (5) or (6) of this section shall be
deposited in a separate subaccount within the fund under this
section and shall be used by the State Parks and Recreation
Department for the acquisition, development, maintenance, care
and use of park and recreation sites. The moneys in the
subaccount under this subsection shall be accounted for
separately and shall be stated separately in the State Parks and
Recreation Department's biennial budget.
(4) Thirty percent of the amount transferred to the State Parks
and Recreation Department under ORS 366.512 from the registration
of travel trailers, campers and motor homes and under ORS 803.601
from recreational vehicle trip permits shall be deposited in a
separate subaccount within the fund under this section and is
appropriated for the maintenance, care and use of county park and
recreation sites. The moneys in the subaccount under this
subsection shall be accounted for separately. The following apply
to the distribution of moneys under this subsection:
(a) The appropriation shall be distributed among the several
counties for the purposes described in this subsection. The
distribution shall be made at times determined by the State Parks
and Recreation Department but shall be made not less than once a
year.
(b) The sums designated under this subsection shall be remitted
to the county treasurers of the several counties by warrant.
(c) The department shall establish an advisory committee to
advise the department in the performance of its duties under this
subsection. The composition of the advisory committee under this
subsection shall be as determined by the department by rule. In
determining the composition of the advisory committee, the
department shall attempt to provide reasonable representation for
county officials or employees with responsibilities relating to
county parks and recreation sites.
(d) The department, by rule, shall establish a program to
provide moneys to counties for the acquisition, development,
maintenance, care and use of county park and recreation areas.
The rules under this paragraph shall provide for distribution of
moneys based on use and need and, as the department determines
necessary, on the need for the development and maintenance of
facilities to provide camping sites for campers, motor homes and
travel trailers.
(e) As used in this section, 'county' shall include a
metropolitan service district organized under ORS chapter 268,
but only to the extent that the district has acquired, through
title transfer, and is operating a park or recreation site of a
county pursuant to an intergovernmental agreement.
(5) The department shall create a separate City and County
Subaccount within the fund to be used to reimburse cities and
counties as provided in ORS 390.290.
(6) The department shall create a separate rural Fire
Protection District Subaccount to be used to provide funds for
the fire protection districts as provided in ORS 390.290.
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