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 3414
 
                         House Bill 3407
 
Sponsored by Representative WILLIAMS; Representatives CARLSON,
  CLOSE, DEVLIN, HILL, KING, KNOPP, KRUMMEL, LEE, MINNIS,
  SHETTERLY, P SMITH, T SMITH, STARR, WINTERS, Senators BURDICK,
  CASTILLO, FERRIOLI, MINNIS (at the request of Associated Oregon
  Industries)
 
 
                             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 Academic Opportunity Investment Account. Specifies that
penalties collected for environmental violations be deposited in
account. Appropriates moneys from account to State System of
Higher Education for purpose of providing financial assistance to
graduate students pursuing certain studies.
 
                        A BILL FOR AN ACT
Relating to penalties collected by the Department of
  Environmental Quality; creating new provisions; amending ORS
  468.135; and appropriating money.
  Whereas preservation and enhancement of the environmental
quality of the state are of critical importance to the citizens
of Oregon; and
  Whereas advanced education for citizens of the state in
science, engineering and public health is critical to achieving
the preservation and enhancement of the environmental quality of
the state; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 468. + }
  SECTION 2.  { + (1) The Academic Opportunity Investment Account
is created in the State Treasury, separate and distinct from the
General Fund. Interest earned on moneys in the account is to be
credited to the account.
  (2) The account shall consist of penalties paid into the State
Treasury and credited to the account as provided by ORS 468.135
from penalties assessed under ORS 468.140.
  (3) On May 15 of each year, the State Treasurer shall draw from
the account the lesser amount of the previous year's annual
ending balance or $200,000, and transfer that amount to the
Department of Higher Education. Funds transferred under this
subsection are continuously appropriated to the Department of
Higher Education for the purposes specified in this section.
  (4) The State Board of Higher Education may apportion the funds
received under this section to the institutions that comprise the
State System of Higher Education for the purpose of providing
financial assistance to defray the personal living or academic
expenses of graduate students pursuing studies in environmental
science, environmental policy, environmental engineering or
public health.
  (5) For purposes of this section, 'annual ending balance ' is
the amount of money in the Academic Opportunity Investment
Account on December 31 of each year. + }
  SECTION 3. ORS 468.135 is amended to read:
  468.135. (1) Any civil penalty under ORS 468.140 shall be
imposed in the manner provided in ORS 183.090.
  (2)   { - All - }  Penalties recovered under ORS 468.140 shall
be
  { - paid - }  { +  deposited as follows:
  (a) Into the State Treasury for credit to the Academic
Opportunity Investment Account created by section 2 of this 2001
Act unless otherwise directed by this section;
  (b) + } Into the State Treasury and credited to the General
Fund  { +  if the moneys:
  (A) Are collected as a result of an enforcement action
initiated by the federal government;
  (B) Are, by agreement between the Department of Environmental
Quality and the assessed party, to be expended in a particular
fashion;
  (C) Are otherwise dedicated by law for another purpose; or
  (D) Would result in the Academic Opportunity Investment Account
having a balance greater than $500,000; + }  { - , - }  or
   { +  (c) + } In the event the penalty is recovered by a
regional air quality control authority,   { - it shall be
paid - }  into the county treasury of the county in which the
violation occurred.
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