71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. SB 62
LC 1623/SB 62-A8
SENATE AMENDMENTS TO
A-ENGROSSED SENATE BILL 62
By JOINT COMMITTEE ON WAYS AND MEANS
July 3
On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
delete the rest of the line and line 3 and insert ' 496.242,
496.300, 496.555, 496.566, 497.132, 498.331 and 498.341;
repealing ORS 496.570; appropriating money; and declaring an
emergency.'.
Delete lines 5 through 23 and delete pages 2 and 3 and insert:
' { + SECTION 1. + } ORS 496.242 is amended to read:
' 496.242. (1) Notwithstanding ORS 496.300, all moneys received
by the State Fish and Wildlife Commission pursuant to section 19,
chapter 659, Oregon Laws 1993, shall be deposited in
{ - a separate - } { + the Access and Habitat Board + }
Subaccount { + established + } in the { - State Wildlife
Fund - } { + Fish and Wildlife Account + }. Moneys in the
subaccount may be expended only for the access and habitat
programs recommended by the Access and Habitat Board for the
benefit of the wildlife resources of this state.
' (2) The State Department of Fish and Wildlife shall credit
the subaccount with a sum equal to 15 percent of the other fund
budget for the green forage and Deer Enhancement and Restoration
programs in each biennium.
' (3) The department shall not assess its personnel costs in
the administration of ORS 496.166 and 496.228 to 496.242 against
the subaccount referred to in this section without the prior
approval of the Access and Habitat Board.
' { + SECTION 2. + } 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) - } { + (2)(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. - }
' { - (7) The Halibut Research Account 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. Moneys in the account may be expended only for halibut
population studies and other research. - }
' { + SECTION 3. + } { + (1) The Fish and Wildlife Account
is established in the State Treasury, separate and distinct from
the General Fund. All moneys in the account are continuously
appropriated to the State Fish and Wildlife Commission. The Fish
and Wildlife Account shall consist of the moneys in its various
subaccounts and any moneys transferred to the account by the
Legislative Assembly. Unless otherwise specified by law,
interest earnings on moneys in the account shall be paid into the
State Treasury and credited to the State Wildlife Fund.
' (2)(a) The Fish Screening Subaccount is established in the
Fish and Wildlife Account. 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 shall be used 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.
' (3) The Fish Endowment Subaccount is established in the Fish
and Wildlife Account. The subaccount 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.
' (4) The Migratory Waterfowl Subaccount is established in the
Fish and Wildlife Account. All moneys received by the commission
from the sale of art works and prints related to the migratory
waterfowl stamp shall be deposited in the subaccount. 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.
' (5) The Halibut Research Subaccount is established in the
Fish and Wildlife Account. 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
subaccount. Moneys in the subaccount may be expended only for
halibut population studies and other research.
' (6) The Upland Bird Subaccount is established in the Fish and
Wildlife Account. All moneys received by the State Fish and
Wildlife Commission from the sale of upland bird stamps, from the
sale of any art works and prints related to the upland bird stamp
and from private hunting preserve permit fees shall be deposited
in the subaccount. Moneys in the subaccount may be expended only
for promoting the propagation and conservation of upland birds
and the acquisition, development, management, enhancement, sale
or exchange of upland bird habitat, and for activities related to
the design, production, issuance and arrangements for sale of the
upland bird stamps and related art works and prints. Expenditures
of moneys in the subaccount shall be made for the benefit of
programs within this state in such amounts and at such times as
the commission determines appropriate to most directly benefit
the upland bird resources of the state.
' (7)(a) The Fish and Wildlife Deferred Maintenance Subaccount
is established in the Fish and Wildlife Account. Interest
earnings on moneys in 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) The principal in the subaccount may be utilized only as
provided in paragraph (c) of this subsection. Interest earnings
on the moneys in the subaccount may be expended only for the
maintenance of fish hatcheries and State Department of Fish and
Wildlife facilities other than 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) Within six months from the date on 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.
' (d) For purposes of this subsection, 'principal' means moneys
authorized by the Legislative Assembly for transfer to the
subaccount from the State Wildlife Fund, including any assignment
of earnings on moneys in the fund and other moneys obtained by
gift, grant, bequest or donation deposited into the subaccount.
' (8) The Access and Habitat Board Subaccount is established in
the Fish and Wildlife Account. The subaccount shall consist of
moneys transferred to the subaccount pursuant to ORS 496.242.
Moneys in the subaccount may be used for the purposes specified
in ORS 496.242.
' (9)(a) The commission shall keep a record of all moneys
deposited in the Fish and Wildlife Account. The record shall
indicate by separate cumulative accounts the sources from which
the moneys are derived and the individual activity or programs
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. + }
' { + SECTION 4. + } { + (1) On the effective date of this
2001 Act, the subaccount in the State Wildlife Fund consisting of
moneys received by the State Fish and Wildlife Commission from
the sale of art works and prints related to the migratory
waterfowl stamp is abolished and moneys in the subaccount are
transferred and appropriated to the Migratory Waterfowl
Subaccount established in section 3 of this 2001 Act. All moneys
credited, appropriated or payable to the abolished subaccount in
the State Wildlife Fund on or after the effective date of this
2001 Act shall instead be credited, appropriated or payable to
the Migratory Waterfowl Subaccount.
' (2) On the effective date of this 2001 Act, the Fish
Screening Subaccount in the State Wildlife Fund is abolished and
moneys in the subaccount are transferred and appropriated to the
Fish Screening Subaccount established in section 3 of this 2001
Act. All moneys credited, appropriated or payable to the Fish
Screening Subaccount in the State Wildlife Fund on or after the
effective date of this 2001 Act shall instead be credited,
appropriated or payable to the Fish Screening Subaccount
established in section 3 of this 2001 Act.
' (3) 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 section 3 of this 2001 Act.
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.
' (4) On the effective date of this 2001 Act, the Halibut
Research Account is abolished and moneys in the account are
transferred and appropriated to the Halibut Research Subaccount
established in section 3 of this 2001 Act. All moneys credited,
appropriated or payable to the Halibut Research Account on or
after the effective date of this 2001 Act shall instead be
credited, appropriated or payable to the Halibut Research
Subaccount.
' (5) On the effective date of this 2001 Act, the subaccount in
the State Wildlife Fund created pursuant to ORS 496.570 and
consisting of moneys received by the State Fish and Wildlife
Commission from the sale of art works and prints related to the
upland bird stamp is abolished. Moneys in the subaccount are
transferred and appropriated to the Upland Bird Subaccount
established in section 3 of this 2001 Act. All moneys credited,
appropriated or payable to the subaccount in the State Wildlife
Fund on or after the effective date of this 2001 Act shall
instead be credited, appropriated or payable to the Upland Bird
Subaccount.
' (6) On the effective date of this 2001 Act, the subaccount in
the State Wildlife Fund created pursuant to ORS 496.242 and
consisting of moneys received by the State Fish and Wildlife
Commission pursuant to section 19, chapter 659, Oregon Laws 1993,
is abolished. Moneys in the subaccount are transferred and
appropriated to the Access and Habitat Board Subaccount
established in section 3 of this 2001 Act. All moneys credited,
appropriated or payable to the subaccount in the State Wildlife
Fund on or after the effective date of this 2001 Act shall
instead be credited, appropriated or payable to the Access and
Habitat Board Subaccount. + }
' { + SECTION 5. + } { + 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 6. + } ORS 496.555 is amended to read:
' 496.555. In carrying out its duties, functions and powers
with regard to the migratory waterfowl stamp, the State Fish and
Wildlife Commission may contract for the performance of those
duties, functions and powers. The contract may include, among
other matters, provisions for advance payment or reimbursement
for services performed pursuant to any such contract. All costs
and expenses incurred pursuant to this section shall be paid from
the { + Migratory Waterfowl + } Subaccount { - referred to in
ORS 496.300 (3) - } { + established under section 3 of this 2001
Act + }.
' { + SECTION 7. + } ORS 496.566 is amended to read:
' 496.566. (1) The State Fish and Wildlife Commission shall
arrange, by contest or other appropriate means, for the selection
of the design of the annual upland bird stamp authorized by ORS
497.153 and for the production and sale of the stamps.
' (2) The commission may produce stamps in such number as the
commission considers appropriate and may make stamps available
for the creation of upland bird art prints and other related art
works and may arrange for the sale of stamps, prints and art
works to persons desiring to purchase those items.
' (3) In carrying out its duties, functions and powers with
regard to the upland bird stamp, the State Fish and Wildlife
Commission may contract for the performance of those duties,
functions and powers. The contract may include, among other
matters, provisions for advance payment or reimbursement for
services performed pursuant to any such contract. All costs and
expenses incurred pursuant to this section shall be paid from the
{ + Upland Bird + } Subaccount { - referred to in ORS 496.300
(4) - } { + established under section 3 of this 2001 Act + }.
' { + SECTION 8. + } 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 { + Fish Screening + } Subaccount { - referred
to in ORS 496.300 (5) - } { + established under section 3 of
this 2001 Act + }.
' { + SECTION 8a. + } 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 { + Fish Screening + } Subaccount { - referred
to in ORS 496.300 (5) - } { + established under section 3 of
this 2001 Act + }.
' { + SECTION 9. + } ORS 498.331 is amended to read:
' 498.331. (1) Any two or more persons other than public
corporations, municipal corporations, irrigation districts or
owners of land served by the district, public utilities or
entities that provide utility service, who install a screening or
by-pass device on a water diversion, at a point shared by those
persons, with a rate of 30 cubic feet per second or more, from
any body of water in this state in which fish exist that are
subject to the State Fish and Wildlife Commission's regulatory
jurisdiction, may make application to the State Department of
Fish and Wildlife for reimbursement of construction and
installation costs of such screening or by-pass device. Upon
approval by the department in conjunction with the Fish Screening
Task Force, reimbursement shall be made from the Fish Screening
Subaccount established pursuant to { - ORS 496.300 - } { +
section 3 of this 2001 Act + }. However, reimbursement shall not
exceed $10,000 or 60 percent of the actual construction and
installation costs, whichever amount is the lesser.
' (2) The department, by rule, shall prescribe the form and
content of applications and the criteria for application
approval.
' { + SECTION 10. + } ORS 498.341 is amended to read:
' 498.341. Notwithstanding the limitation on the number of
diversions to be screened as provided in ORS 498.306 and section
5, chapter 858, Oregon Laws 1991, if sufficient funds are made
available in the Fish Screening Subaccount of the { - State
Wildlife Fund - } { + Fish and Wildlife Account + }, by
allocation from the Administrative Services Economic Development
Fund or from other sources, the State Department of Fish and
Wildlife may provide financial assistance for construction and
installation of screening or by-pass devices on an additional 250
water diversions.
' { + SECTION 11. + } { + ORS 496.570 is repealed. + }
' { + SECTION 12. + } { + 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. + } ' .
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