74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 29
Sponsored by Senator SCHRADER; Senator FERRIOLI, Representative
COWAN (at the request of Association of Oregon Counties and
Oregon Parks Association)
CHAPTER ................
AN ACT
Relating to State Parks and Recreation Department Fund; creating
new provisions; and amending ORS 390.134.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 390.134 is amended to read:
390.134. (1) As used in this section:
(a) 'Camper' has the meaning given that term in ORS 801.180.
(b) 'County' includes a metropolitan service district organized
under ORS chapter 268, but only to the extent that the district
has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental
agreement.
(c) 'Motor home' has the meaning given that term in ORS
801.350.
(d) 'Travel trailer' has the meaning given that term in ORS
801.565.
(2) The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. Moneys
in the fund are continuously appropriated to the State Parks and
Recreation Department for the purposes provided by law. The fund
shall consist of the following:
(a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund must be credited to the fund.
(b) All registration fees received by the Department of
Transportation for campers, motor homes and travel trailers that
are transferred to the fund under ORS 366.512. The funds must be
deposited in a separate subaccount established under subsection
(3) of this section.
(c) Revenue from fees and charges pursuant to ORS 390.124.
(3) Any moneys placed in the fund for a particular purpose may
be placed in a separate subaccount within the fund. Each separate
subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the
purposes for which they are deposited.
(4) All of the moneys in the fund except those moneys described
in subsection (3), (5), (6) or (7) of this section must be
deposited in a separate subaccount within the fund and used by
the State Parks and Recreation Department for the acquisition,
development, maintenance, care and use of park and recreation
sites and for the maintenance and operation of the Oregon State
Enrolled Senate Bill 29 (SB 29-A) Page 1
Fair. The moneys in the subaccount under this subsection must be
accounted for separately and stated separately in the State Parks
and Recreation Department's biennial budget.
(5) { - Thirty - } { + Thirty-five + } percent of the
amount transferred to the State Parks and Recreation Department
under ORS 366.512 from the registration of travel trailers,
campers and motor homes and under ORS 803.601 from recreational
vehicle trip permits must be deposited in a separate subaccount
within the fund to be distributed for the { + acquisition,
development, + } maintenance, care and use of county park and
recreation sites. The moneys in the subaccount under this
subsection must be accounted for separately. The following apply
to the distribution of moneys under this subsection:
(a) The moneys must be distributed among the several counties
for the purposes described in this subsection. The distribution
shall be made at times determined by the State Parks and
Recreation Department but must be made not less than once a year.
(b) The sums designated under this subsection must be remitted
to the county treasurers of the several counties by warrant.
(c) The department shall establish an advisory committee to
advise the department in the performance of its duties under this
subsection. The composition of the advisory committee under this
subsection is as determined by the department by rule. In
determining the composition of the advisory committee, the
department shall attempt to provide reasonable representation for
county officials or employees with responsibilities relating to
county parks and recreation sites.
(d) The department, by rule, shall establish a program to
provide moneys to counties for the acquisition, development,
maintenance, care and use of county park and recreation
{ - areas - } { + sites + }. The rules under this paragraph
shall provide for distribution of moneys based on use and need
and, as the department determines necessary, on the need for the
development and maintenance of facilities to provide camping
sites for campers, motor homes and travel trailers.
(6) The department shall create a separate City and County
Subaccount within the fund to be used to reimburse cities and
counties as provided in ORS 390.290.
(7) The department shall create a separate rural Fire
Protection District Subaccount to be used to provide funds for
the fire protection districts as provided in ORS 390.290.
(8) On or before January 15 of each odd-numbered year, the
State Parks and Recreation Director shall report to the Joint
Legislative Committee on Ways and Means created by ORS 171.555 on
the use of moneys deposited pursuant to ORS 805.256 in the fund.
The director shall make the report in a form and manner as the
committee may prescribe.
SECTION 2. ORS 390.134, as amended by section 1 of this 2007
Act, is amended to read:
390.134. (1) As used in this section:
(a) 'Camper' has the meaning given that term in ORS 801.180.
(b) 'County' includes a metropolitan service district organized
under ORS chapter 268, but only to the extent that the district
has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental
agreement.
(c) 'Motor home' has the meaning given that term in ORS
801.350.
(d) 'Travel trailer' has the meaning given that term in ORS
801.565.
Enrolled Senate Bill 29 (SB 29-A) Page 2
(2) The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. Moneys
in the fund are continuously appropriated to the State Parks and
Recreation Department for the purposes provided by law. The fund
shall consist of the following:
(a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund must be credited to the fund.
(b) All registration fees received by the Department of
Transportation for campers, motor homes and travel trailers that
are transferred to the fund under ORS 366.512. The funds must be
deposited in a separate subaccount established under subsection
(3) of this section.
(c) Revenue from fees and charges pursuant to ORS 390.124.
(3) Any moneys placed in the fund for a particular purpose may
be placed in a separate subaccount within the fund. Each separate
subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the
purposes for which they are deposited.
(4) All of the moneys in the fund except those moneys described
in subsection (3), (5), (6) or (7) of this section must be
deposited in a separate subaccount within the fund and used by
the State Parks and Recreation Department for the acquisition,
development, maintenance, care and use of park and recreation
sites and for the maintenance and operation of the Oregon State
Fair. The moneys in the subaccount under this subsection must be
accounted for separately and stated separately in the State Parks
and Recreation Department's biennial budget.
(5) { - Thirty-five - } { + Thirty + }percent of the
amount transferred to the State Parks and Recreation Department
under ORS 366.512 from the registration of travel trailers,
campers and motor homes and under ORS 803.601 from recreational
vehicle trip permits must be deposited in a separate subaccount
within the fund to be distributed for the acquisition,
development, maintenance, care and use of county park and
recreation sites. The moneys in the subaccount under this
subsection must be accounted for separately. The following apply
to the distribution of moneys under this subsection:
(a) The moneys must be distributed among the several counties
for the purposes described in this subsection. The distribution
shall be made at times determined by the State Parks and
Recreation Department but must be made not less than once a year.
(b) The sums designated under this subsection must be remitted
to the county treasurers of the several counties by warrant.
(c) The department shall establish an advisory committee to
advise the department in the performance of its duties under this
subsection. The composition of the advisory committee under this
subsection is as determined by the department by rule. In
determining the composition of the advisory committee, the
department shall attempt to provide reasonable representation for
county officials or employees with responsibilities relating to
county parks and recreation sites.
(d) The department, by rule, shall establish a program to
provide moneys to counties for the acquisition, development,
maintenance, care and use of county park and recreation sites.
The rules under this paragraph shall provide for distribution of
moneys based on use and need and, as the department determines
necessary, on the need for the development and maintenance of
facilities to provide camping sites for campers, motor homes and
travel trailers.
Enrolled Senate Bill 29 (SB 29-A) Page 3
(6) The department shall create a separate City and County
Subaccount within the fund to be used to reimburse cities and
counties as provided in ORS 390.290.
(7) The department shall create a separate rural Fire
Protection District Subaccount to be used to provide funds for
the fire protection districts as provided in ORS 390.290.
(8) On or before January 15 of each odd-numbered year, the
State Parks and Recreation Director shall report to the Joint
Legislative Committee on Ways and Means created by ORS 171.555 on
the use of moneys deposited pursuant to ORS 805.256 in the fund.
The director shall make the report in a form and manner as the
committee may prescribe.
SECTION 3. { + The amendments to ORS 390.134 by section 2 of
this 2007 Act become operative on July 1, 2015. + }
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Passed by Senate June 22, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 26, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 29 (SB 29-A) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 29 (SB 29-A) Page 5