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 1623
A-Engrossed
Senate Bill 62
Ordered by the Senate February 19
Including Senate Amendments dated February 19
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senator-elect Ken Messerle)
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.
Establishes Fish and Wildlife Deferred Maintenance Subaccount
within State Wildlife Fund. Funds subaccount with moneys from
Fish Endowment Account and portion of interest on moneys in State
Wildlife Fund { + and other specified moneys + }. Abolishes Fish
Endowment Account. Directs State Department of Fish and Wildlife
to use interest on subaccount for maintenance of hatcheries and
other department facilities { + excluding administrative
facilities in Portland + }. Directs department to report uses of
interest to legislature in budget process. { + Requires
department to pay interest on any use of principal in
subaccount. + }
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to the State Wildlife Fund; creating new provisions;
amending ORS 496.300; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 496.300 is amended to read:
496.300. (1) The State Wildlife Fund is established in the
State Treasury separate and distinct from the General Fund.
Except as otherwise provided by law, all moneys received by the
State Fish and Wildlife Commission pursuant to the wildlife laws,
except such as may be required as a revolving fund for payroll
and emergency expenses, shall be paid into the State Treasury and
credited to the fund. Except as provided in subsection (5) of
this section, all moneys in the fund are appropriated
continuously to the commission to carry out the wildlife laws.
Interest earnings on all moneys in the fund shall be retained in
the fund.
(2) All moneys received by the commission from the sale of
migratory waterfowl stamps shall be deposited in the State
Wildlife Fund.
(3) All moneys received by the commission from the sale of art
works and prints related to the migratory waterfowl stamp shall
be deposited in a separate subaccount in the State Wildlife Fund.
Moneys in the subaccount may be expended only for activities that
promote the propagation, conservation and recreational uses of
migratory waterfowl and for activities related to the design,
production, issuance and arrangements for sale of the migratory
waterfowl stamps and related art works and prints. Expenditures
of moneys in the subaccount may be made within this state, in
other states or in foreign countries, in such amounts as the
commission determines appropriate. Expenditures in other states
and foreign countries shall be on such terms and conditions as
the commission determines will benefit most directly the
migratory waterfowl resources of this state.
{ - (4) - } { + (4)(a) + } The commission shall keep a
record of all moneys deposited in the State Wildlife Fund. The
record shall indicate by separate cumulative accounts the source
from which the moneys are derived and the individual activity or
program against which each withdrawal is charged.
{ + (b) Using the record created pursuant to paragraph (a) of
this subsection, the commission shall report, in the budget
documents submitted to the Legislative Assembly, on the
application of investment and interest earnings to the
maintenance of fish hatcheries and other State Department of Fish
and Wildlife facilities. + }
(5)(a) The Fish Screening Subaccount is established in the
State Wildlife Fund. The subaccount shall consist of:
(A) All penalties recovered under ORS 536.900 to 536.920.
(B) All moneys received pursuant to ORS 498.306.
(C) All gifts, grants and other moneys from whatever source
that may be used to carry out the provisions of ORS 498.306,
498.311 and 509.615.
(D) All moneys received from the surcharge on angling licenses
imposed by ORS 497.124.
(b) All moneys in the subaccount are appropriated continuously
to the { - State - } department { - of Fish and Wildlife - }
to carry out the provisions of ORS 315.138, 498.306, 498.311,
509.615 and 509.620. However, moneys received from the surcharge
on angling licenses imposed by ORS 497.124 shall be expended only
to carry out the provisions of law relating to the screening of
water diversions at a rate less than 30 cubic feet per second.
(c) Of the moneys in the subaccount budgeted for administrative
expenses, up to 50 percent of that amount may be expended for
activities associated with the screening of diversions over 30
cubic feet per second and for fish passages issues.
{ - (6) The Fish Endowment Account is established in the
State Treasury, separate and distinct from the General Fund. The
account shall consist of transfers of moneys authorized by the
Legislative Assembly from the State Wildlife Fund and gifts and
grants of moneys from whatever source for the purpose of paying
the expense of maintaining fish hatcheries operated by the
department. Interest earnings on moneys in the account, but no
portion of the principal, may be transferred to the State
Wildlife Fund and may be expended only for the maintenance of
fish hatcheries operated by the department. - }
{ + (6)(a) The Fish and Wildlife Deferred Maintenance
Subaccount is established in the State Wildlife Fund. Interest
earned by the subaccount shall be credited to the subaccount. The
subaccount shall consist of moneys authorized by the Legislative
Assembly from the State Wildlife Fund and moneys obtained by
gift, grant, bequest or donation from any other public or private
source.
(b) Interest earnings on the moneys in the subaccount, but no
portion of the principal, may be expended only for the
maintenance of fish hatcheries and other department facilities,
except for the maintenance of administrative facilities located
in Portland.
(c) The department may borrow funds from the principal of the
subaccount to maintain adequate cash flow requirements. However,
moneys borrowed from the principal must be repaid to the
subaccount:
(A) By the end of the biennial accounting period in which the
moneys were borrowed.
(B) With interest at the standard rate that the State Treasurer
charges to state agencies for other loans. Interest paid under
this subparagraph shall be paid to the subaccount. + }
(7) The Halibut Research { - Account - } { + Subaccount + }
is created { - as a subaccount - } in the State Wildlife Fund.
Based on the annual number of recreational halibut anglers, a
portion of the moneys derived from the sale of the salmon,
steelhead trout, sturgeon and halibut tag pursuant to ORS 497.121
shall be credited to the
{ - account - } { + subaccount + }. Moneys in the
{ - account - } { + subaccount + } may be expended only for
halibut population studies and other research.
SECTION 2. { + On the effective date of this 2001 Act, the
Fish Endowment Account is abolished and moneys in the account are
transferred and appropriated to the Fish and Wildlife Deferred
Maintenance Subaccount established in ORS 496.300. All moneys
credited, appropriated or payable to the Fish Endowment Account
on or after the effective date of this 2001 Act shall instead be
credited, appropriated or payable to the Fish and Wildlife
Deferred Maintenance Subaccount. + }
SECTION 3. { + Notwithstanding any other assignment of
investment and interest earnings on moneys in the State Wildlife
Fund, for the period beginning on July 1, 2001, and ending June
30, 2005, one-half of all investment and interest earnings on
moneys in the State Wildlife Fund are transferred and
appropriated to the Fish and Wildlife Deferred Maintenance
Subaccount. + }
SECTION 4. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
----------