Chapter 18 Oregon Laws 2003

AN ACT

HB 2140

Relating to historic preservation; creating new provisions; amending ORS 279.833, 357.885, 358.645 and 358.650; and repealing ORS 358.660.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 358.645 is amended to read:

358.645. A private owner of any historic artifact believed to have state or national historic significance [which] that the owner wishes to give to the state or to a political subdivision may request review of the significance of the property by the [Secretary of State] State Parks and Recreation Department.

SECTION 2. ORS 358.660 is repealed.

SECTION 3. Any moneys remaining in the Archives and Historic Properties Account on the effective date of this 2003 Act shall revert to the General Fund to be used for any purpose for which General Fund revenue may be used.

SECTION 4. ORS 357.885 is amended to read:

357.885. The Secretary of State shall prescribe fees to be charged and collected by the State Archivist for official services rendered as State Archivist. All moneys received pursuant to this section shall be deposited in [the Archives and Historic Properties Account created under ORS 358.660] the miscellaneous receipts account established pursuant to ORS 279.833 for the State Archivist.

SECTION 5. ORS 279.833 is amended to read:

279.833. (1) The State Treasurer is authorized to establish a miscellaneous receipts account for any state agency and shall credit to such account any amounts paid into the State Treasury pursuant to ORS 190.240 (1), 279.828, 279.831, [or] 283.110 or 357.885 by the state agency for which such account was established. The moneys credited to the miscellaneous receipts account of a state agency established pursuant to this section hereby are appropriated continuously for the payment of the expenses of such agency, subject to the allotment system provided by ORS 291.234 to 291.260.

(2) The laws enacted by the Legislative Assembly limiting expenditures do not limit expenditures from miscellaneous receipts accounts established pursuant to this section except where the law limiting expenditures of a particular state agency specifically establishes a limit for expenditures from the miscellaneous receipts account of that agency.

SECTION 6. ORS 358.650 is amended to read:

358.650. (1) Whenever a prospective donor of any historic artifact identified as historically significant pursuant to ORS 358.645 requires immediate acceptance of the property as a condition of a gift, the State Parks and Recreation Department may accept the gift on behalf of the state or political subdivision and may place the gift in the custody of a state agency or political subdivision under agreement between the [secretary] department and the agency or political subdivision.

(2) The State Parks and Recreation Department may transfer under agreement between the department and the agency or political subdivision any gift accepted pursuant to this section to the custody of an appropriate state agency or political subdivision.

(3) The State Parks and Recreation Department may, pursuant to procedures adopted by rule, pay finders fees, rewards or otherwise expend funds to acquire historic artifacts previously owned by the state.

Approved by the Governor March 25, 2003

Filed in the office of Secretary of State March 25, 2003

Effective date January 1, 2004

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