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 2438
 
                         House Bill 2675
 
Sponsored by Representative JENSON
 
 
                             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.
 
  Abolishes habitat division of State Department of Fish and
Wildlife. Vests duties, functions and powers in other state
agencies as appropriate.
 
                        A BILL FOR AN ACT
Relating to the State Department of Fish and Wildlife.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The habitat division of the State Department of
Fish and Wildlife is abolished. There are imposed upon,
transferred to and vested in other state agencies as appropriate
all duties, functions and powers of the habitat division of the
State Department of Fish and Wildlife. + }
  SECTION 2.  { + The State Fish and Wildlife Director, whose
duties, functions and powers are transferred by section 1 of this
2001 Act to another state officer or agency, shall deliver to
such other officer or agency all records and property within the
jurisdiction of the director that relate to the duties, functions
and powers so transferred, and shall transfer those employees
engaged primarily in the exercise of the duties, functions and
powers so transferred. The chief executive officer of the state
agency to which such delivery and transfer is made shall take
possession of such property, and shall take charge of such
employees and employ them in the exercise of their duties,
functions and powers assigned or transferred by section 1 of this
2001 Act, without reduction of compensation but subject to change
or termination of employment or compensation as provided by law.
Any dispute as to transfers of property and employees under this
section shall be resolved by the Governor, and the Governor's
decision is final. + }
  SECTION 3.  { + All unexpended moneys appropriated or otherwise
available to the State Department of Fish and Wildlife for the
purposes of any of its duties, functions or powers transferred by
section 1 of this 2001 Act to another state officer or agency,
are appropriated to such other state officer or agency. + }
  SECTION 4.  { + Any proceeding, action, prosecution or other
business or matter undertaken or commenced before the effective
date of section 1 of this 2001 Act by the State Fish and Wildlife
Director, with respect to the duties, functions or powers
transferred to another state officer or agency by section 1 of
this 2001 Act, and still pending on the effective date of section
1 of this 2001 Act, may be conducted and completed by the other
state officer or agency in the same manner, under the same terms
and conditions and with the same effect as though undertaken,
conducted or completed by the State Fish and Wildlife Director
before the transfer. + }
  SECTION 5.  { + Nothing in this 2001 Act relieves any person of
any obligation with respect to a tax, fee, fine or other charge,
interest, penalty, forfeiture or other liability, duty or
obligation. + }
  SECTION 6.  { + A state officer or agency to which duties,
functions and powers are assigned and transferred by section 1 of
this 2001 Act is considered to be a continuation of the State
Department of Fish and Wildlife with respect to such duties,
functions and powers, and not a new authority, for the purpose of
succession to all rights and obligations of the State Department
of Fish and Wildlife as constituted at the time of such
assignment or transfer, except as otherwise provided by this 2001
Act, with the same force and effect as if such duties, functions
and powers had not been assigned or transferred. + }
  SECTION 7.  { + (1) Whenever, in any law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized thereby, reference is made to the State
Department of Fish and Wildlife, or an employee thereof, whose
duties, functions or powers are assigned or transferred by
section 1 of this 2001 Act, except as otherwise provided in this
2001 Act such reference is considered to describe the state
officer, agency or employee that by this 2001 Act is charged with
carrying out such duties, functions and powers.
  (2) The lawful rules of the State Department of Fish and
Wildlife with respect to duties, functions or powers assigned or
transferred by section 1 of this 2001 Act continue in effect
until superseded or rescinded by rules lawfully adopted by the
state officer or agency to which was transferred the duty,
function or power to which the rules apply. + }
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