75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2216
LC 1008/HB 2216-2
HOUSE AMENDMENTS TO
HOUSE BILL 2216
By COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND RURAL
COMMUNITIES
May 5
On page 1 of the printed bill, delete lines 3 and 4 and insert
'amending ORS 293.701, 526.060, 530.020, 530.110, 530.130,
530.230, 530.240 and 530.280; repealing ORS 530.150 and 530.160;
appropriating money; and declaring an emergency.'.
Delete lines 6 through 28 and delete pages 2 through 8 and
insert:
' { + SECTION 1. + } { + As used in ORS 530.010 to 530.170
and 530.210 to 530.280:
' (1) 'Bond-related costs' means:
' (a) The costs and expenses of issuing, administering and
maintaining bonds, including but not limited to paying principal
and interest, and premiums if any, on general obligation or
revenue bonds, redeeming general obligation or revenue bonds,
paying amounts due in connection with credit enhancements or any
instruments authorized by ORS 286A.580 (6) and paying the
administrative costs and expenses of the State Treasurer and the
State Forestry Department, including costs of consultants or
advisors retained by the treasurer or the department for the
bonds;
' (b) The costs of funding any bond reserves;
' (c) Capitalized interest for bonds;
' (d) Rebates or penalties due to the United States in
connection with the bonds; and
' (e) Any other costs or expenses that the State Treasurer or
the State Forestry Department determines are necessary or
desirable in connection with issuing, administering or
maintaining the bonds.
' (2) 'Reforestation' means to increase tree stocking to a
level that meets or exceeds the stocking standards relating to
productivity specified by the State Board of Forestry by
rule. + }
' { + SECTION 2. + } { + For acquisitions made by the State
Board of Forestry on or after the effective date of this 2009
Act:
' (1) The board may hold and manage lands alone or in
cooperation with other entities, including but not limited to
community forest authorities under ORS 530.600 to 530.628.
' (2) The board may acquire lands or partial interest in lands,
including but not limited to conservation easements.
' (3) Subject to any covenants under section 4 of this 2009 Act
or ORS 530.130, the board may sell lands or partial interest in
lands, including but not limited to conservation easements, to
other parties if the board determines that the other parties are
better situated to manage the lands for the long term. + }
' { + SECTION 3. + } { + Sections 2, 4 and 5 of this 2009
Act are added to and made a part of ORS 530.010 to 530.170. + }
' { + SECTION 4. + } { + (1) The Forest Development Revenue
Bond Fund is established separate and distinct from the General
Fund. Interest earned by the Forest Development Revenue Bond Fund
shall be credited to the fund. Moneys in the fund may be invested
as provided in ORS 286A.025 and 293.701 to 293.820. All moneys in
the fund are continuously appropriated to the State Board of
Forestry for the purposes of paying bond-related costs when due
on the revenue bonds issued under ORS 530.140 on or after the
effective date of this 2009 Act.
' (2) The Forest Development Revenue Bond Fund may be credited
with:
' (a) Moneys deposited in the fund from the State Forestry
Department Account, to the extent that the State Forestry
Department allocates proceeds from the sale of revenue bonds
issued on or after the effective date of this 2009 Act under ORS
530.140 to the payment of bond-related costs;
' (b) Proceeds from the disposal of lands acquired with revenue
bonds that were issued on or after the effective date of this
2009 Act under ORS 530.140;
' (c) Proceeds from the disposal of forest products, as defined
in ORS 532.010, minerals or other forest-related values derived
from the lands acquired with revenue bonds that were issued on or
after the effective date of this 2009 Act under ORS 530.140; and
' (d) Gifts, grants or any other unrestricted moneys paid to
the State Forestry Department or the State Board of Forestry or
appropriated by the Legislative Assembly that may be used for the
purpose set forth in this section.
' (3) The board or the State Forester may make covenants
related to, or pledge moneys deposited in, the fund that the
board or forester, after consultation with the State Treasurer,
determines to be necessary or desirable for the repayment of
revenue bonds and the payment of bond-related costs. + }
' { + SECTION 5. + } { + Revenue bonds issued under ORS
530.140 may be refunded as provided under ORS chapter 286A. + }
' { + SECTION 6. + } { + (1) For the biennium beginning July
1, 2009, at the request of the Oregon Department of
Administrative Services, after the department consults with the
State Board of Forestry, the State Treasurer is authorized to
issue lottery bonds pursuant to ORS 286A.560 to 286A.585 in an
amount not to exceed net proceeds of $___ for the purpose
described in subsection (2) of this section plus an additional
amount, to be estimated by the State Treasurer, for the payment
of bond-related costs.
' (2) Notwithstanding ORS 526.060, the net proceeds of lottery
bonds issued pursuant to this section shall be deposited in the
State Forest Acquisition Fund established under section 7 of this
2009 Act for use as provided in section 7 of this 2009 Act.
' (3) The use of lottery bond proceeds as provided in this
section is authorized by the following:
' (a) The Gilchrist area of Klamath County is an economically
stressed region;
' (b) State acquisition of parcels located in the Gilchrist
area of Klamath County for management as state forestland would
produce economic benefits for the area, including but not limited
to income from the harvest of forest products and direct
employment and economic benefit from processing harvested forest
products;
' (c) State acquisition of parcels in the Gilchrist area of
Klamath County and management of those parcels as state
forestland will result in increased employment in the tourism
industry and other industries related to the development of
recreational attractions on the parcels; and
' (d) There exists a substantial risk that failure to acquire
certain parcels in the Gilchrist area of Klamath County for use
as state forestland will result in the parcels being converted to
nonforest use, resulting in the loss of existing forest industry
jobs and existing jobs in related industries in the area. + }
' { + SECTION 7. + } { + The State Forest Acquisition Fund
is established in the State Treasury, separate and distinct from
the General Fund. The State Forest Acquisition Fund shall consist
of moneys deposited in the fund under section 6 of this 2009 Act.
The moneys in the State Forest Acquisition Fund and the interest
earnings on moneys in the fund are continuously appropriated to
the State Board of Forestry for the purpose of acquiring parcels
in the Gilchrist area of Klamath County for use as state
forestland. + }
' { + SECTION 8. + } { + (1) The Forest Acquisition County
Reimbursement Fund is established in the State Treasury, separate
and distinct from the General Fund. Interest earned by the Forest
Acquisition County Reimbursement Fund shall be credited to the
fund. Moneys in the Forest Acquisition County Reimbursement Fund
are continuously appropriated to the State Forestry Department
for use as provided in this section.
' (2) The fund shall consist of moneys deposited in the fund
pursuant to ORS 530.110 (3).
' (3) If the department uses proceeds from bonds issued on or
after the effective date of this 2009 Act under ORS 530.140 or
530.210 to 530.280, or from lottery bonds that were issued on or
after the effective date of this 2009 Act, to acquire land that
immediately prior to acquisition by the department was subject to
taxation by a county, the department shall make payments as
provided in this section to reimburse the county for the loss of
tax revenue from the acquired land. The amount paid to a county
under this section shall be the amount by which the tax revenue
to the county for the last year in which the acquired land was
taxable exceeds the amounts distributed to the counties under ORS
530.110 (1)(b) or (2)(c) from revenue generated by that land.
However, if in any year the amounts distributed under ORS 530.110
(1)(b) or (2)(c) from revenue generated by the acquired land
equals or exceeds the tax revenue to the county for the last year
in which the acquired land was taxable, payments under this
section in regard to that land shall terminate and not
resume. + }
' { + SECTION 9. + } ORS 530.020 is amended to read:
' 530.020. Title to all lands acquired by the State Board of
Forestry under ORS 530.010 shall be free and clear of all
encumbrances except easements of rights of way and reservations
or exceptions of gas, oil, coal, mineral and timber rights { + ,
unless the board determines other encumbrances will not unduly
limit the management of the lands consistent with ORS 530.010 to
530.170 + }. All titles shall be approved by the Attorney
General before conveyance is accepted. However, the Attorney
General may approve title to lands proposed to be acquired from
counties under the provisions of ORS 530.030 or proposed to be
acquired by donation or devise when, in the opinion of the
Attorney General, existing defects of title are of formal nature
and may be cured by suit to quiet title. In case of acquisition
of lands with defective title, the Attorney General may institute
suit to quiet title to such lands, and all costs in connection
therewith shall be a proper charge against the funds of the
board. All deeds, abstracts, title insurance policies, and other
evidences of title to lands acquired under ORS 530.010 to 530.040
shall be deposited with the Secretary of State. All deeds shall
promptly be recorded in the county in which the lands are
situated.
' { + SECTION 10. + } ORS 530.110 is amended to read:
' 530.110. (1) All revenues derived from lands acquired without
cost to the state, or acquired from counties pursuant to ORS
530.030, shall be paid into the State Treasury and credited to
the State Forestry Department Account and shall be used
{ - exclusively for the purposes stated in subsection (3) of
this section, and - } in accordance with the following
distribution:
' (a) Fifteen percent shall be credited to the State Forests
Protection Subaccount of the State Forestry Department Account
until the amount in such subaccount { - shall reach - }
{ + reaches + } $475,000. Thereafter, the revenues shall be
disposed of as stated in paragraphs (b) and (c) of this
subsection, unless needed to maintain the $475,000 level. All
moneys in the State Forests Protection Subaccount are
{ - appropriated - } continuously { + appropriated + } to the
State Forester who may use such money under the following
priorities:
' (A) First, in addition to or in lieu of other moneys
available, to pay the cost of protection, as determined under ORS
477.270, for lands acquired under ORS 530.010 to 530.040.
' (B) Second, to provide moneys needed for activities
authorized by subsection (3) of this section.
' (C) From remaining moneys, to pay costs incurred in the
suppression of fire originating on or spreading from an operation
area, as defined in ORS 477.001, on state-owned forestland
acquired under ORS 530.010 to 530.040. The State Forester shall
make payments with approval of the State Board of Forestry for
such fire suppression costs { + , + } { - ; - } except that no
payments shall be made for such costs or portion thereof when
other parties are responsible under law or contracts for the
payment of such costs.
' (b) Seventy-five percent of all such revenues remaining after
the percentage disposed of as stated in paragraph (a) of this
subsection, shall be disposed of as provided in ORS 530.115.
' (c) Twenty-five percent of all such revenues remaining after
the percentage disposed of as stated in paragraph (a) of this
subsection, shall be used for the purposes set out in subsection
(3) of this section.
' (2) { + Except as provided in section 4 of this 2009 Act and
ORS 530.280, + } all revenues from lands other than lands
designated in subsection (1) of this section, acquired under ORS
530.010 to 530.040, shall be paid into the State Treasury and
credited to the State Forestry Department Account and shall be
used { - exclusively for the purposes stated in subsection (3)
of this section, and - } in accordance with the following
distribution:
' (a) Until each legal subdivision of the lands has been
credited with an amount equal to the purchase price thereof, the
revenues shall reimburse the State Forestry Department Account.
If sufficient revenue to reimburse the State Forestry Department
Account is not generated from the purchased parcels within five
years from the date of acquisition, the State Forester, with the
consent of the affected county, shall deduct all or portions of
the unreimbursed purchase costs from the revenue distributed to
that county in accordance with ORS 530.115 (1). { + After the
State Forestry Department Account has been reimbursed for the
purchase price of the lands, the revenue from the lands shall be
distributed according to the formula specified in + }
{ - Thereafter - } paragraphs (b), (c) and (d) of this
subsection { - apply - } .
' (b) The percentage required under subsection (1)(a) of this
section shall be credited to the State Forests Protection
Subaccount, { - thereafter, - } { + and + } the revenues
shall be disposed of as stated in paragraphs (c) and (d) of this
subsection.
' (c) Seventy-five percent of all such revenues remaining after
paragraphs (a) and (b) of this subsection have been complied
with, shall be disposed of as provided in ORS 530.115.
' (d) Twenty-five percent of all such revenues remaining after
the percentage disposed of as stated in paragraphs (a) and (b) of
this subsection, shall be used for the purposes set out in
subsection (3) of this section.
' (3) Unless otherwise consented to in advance and in writing
by the counties from which the state has acquired lands without
cost to the state or pursuant to ORS 530.130, the moneys in the
State Forestry Department Account derived from those percentages
of revenues set out in subsections (1)(c) and (2)(d) of this
section shall be used exclusively for the { - redemption of
Oregon forest development revenue bonds and payment of interest
thereon, for the acquisition, development and management of
forestlands and - } { + following purposes and in the following
order:
' (a) First, for the payment of bond-related costs for bonds
issued under ORS 530.140.
' (b) Second, to the Forest Acquisition County Reimbursement
Fund to the extent necessary for paying tax revenue
reimbursements to counties under section 8 of this 2009 Act.
' (c) Third, + } for such other purposes as are necessary in
carrying out ORS 530.010 to 530.110.
' { + SECTION 11. + } ORS 530.110, as amended by section 10
of this 2009 Act, is amended to read:
' 530.110. (1) All revenues derived from lands acquired without
cost to the state, or acquired from counties pursuant to ORS
530.030, shall be paid into the State Treasury and credited to
the State Forestry Department Account and shall be used in
accordance with the following distribution:
' (a) Fifteen percent shall be credited to the State Forests
Protection Subaccount of the State Forestry Department Account
until the amount in such subaccount reaches $475,000. Thereafter,
the revenues shall be disposed of as stated in paragraphs (b) and
(c) of this subsection, unless needed to maintain the $475,000
level. All moneys in the State Forests Protection Subaccount are
continuously appropriated to the State Forester who may use such
money under the following priorities:
' (A) First, in addition to or in lieu of other moneys
available, to pay the cost of protection, as determined under ORS
477.270, for lands acquired under ORS 530.010 to 530.040.
' (B) Second, to provide moneys needed for activities
authorized by subsection (3) of this section.
' (C) From remaining moneys, to pay costs incurred in the
suppression of fire originating on or spreading from an operation
area, as defined in ORS 477.001, on state-owned forestland
acquired under ORS 530.010 to 530.040. The State Forester shall
make payments with approval of the State Board of Forestry for
such fire suppression costs, except that no payments shall be
made for such costs or portion thereof when other parties are
responsible under law or contracts for the payment of such costs.
' (b) Seventy-five percent of all such revenues remaining after
the percentage disposed of as stated in paragraph (a) of this
subsection, shall be disposed of as provided in ORS 530.115.
' (c) Twenty-five percent of all such revenues remaining after
the percentage disposed of as stated in paragraph (a) of this
subsection, shall be used for the purposes set out in subsection
(3) of this section.
' (2) Except as provided in section 4 of this 2009 Act and ORS
530.280, all revenues from lands other than lands designated in
subsection (1) of this section, acquired under ORS 530.010 to
530.040, shall be paid into the State Treasury and credited to
the State Forestry Department Account and shall be used in
accordance with the following distribution:
' (a) Until each legal subdivision of the lands has been
credited with an amount equal to the purchase price thereof, the
revenues shall reimburse the State Forestry Department Account.
If sufficient revenue to reimburse the State Forestry Department
Account is not generated from the purchased parcels within five
years from the date of acquisition, the State Forester, with the
consent of the affected county, shall deduct all or portions of
the unreimbursed purchase costs from the revenue distributed to
that county in accordance with ORS 530.115 (1). After the State
Forestry Department Account has been reimbursed for the purchase
price of the lands, the revenue from the lands shall be
distributed according to the formula specified in paragraphs (b),
(c) and (d) of this subsection.
' (b) The percentage required under subsection (1)(a) of this
section shall be credited to the State Forests Protection
Subaccount, and the revenues shall be disposed of as stated in
paragraphs (c) and (d) of this subsection.
' (c) Seventy-five percent of all such revenues remaining after
paragraphs (a) and (b) of this subsection have been complied
with, shall be disposed of as provided in ORS 530.115.
' (d) Twenty-five percent of all such revenues remaining after
the percentage disposed of as stated in paragraphs (a) and (b) of
this subsection, shall be used for the purposes set out in
subsection (3) of this section.
' (3) Unless otherwise consented to in advance and in writing
by the counties from which the state has acquired lands without
cost to the state or pursuant to ORS 530.130, the moneys in the
State Forestry Department Account derived from those percentages
of revenues set out in subsections (1)(c) and (2)(d) of this
section shall be used exclusively for the following purposes and
in the following order:
' (a) First, for the payment of bond related costs for bonds
issued under ORS 530.140 { + prior to the effective date of this
2009 Act. + }
' (b) Second, to the Forest Acquisition County Reimbursement
Fund to the extent necessary for paying tax revenue
reimbursements to counties under section 8 of this 2009 Act.
' (c) Third, for such other purposes as are necessary in
carrying out ORS 530.010 to 530.110.
' { + SECTION 12. + } { + The amendments to ORS 530.110 by
section 11 of this 2009 Act become operative July 1, 2013. + }
' { + SECTION 13. + } ORS 530.130 is amended to read:
' 530.130. (1) In compliance with the applicable provisions of
ORS chapter 286A, the State Board of Forestry may request the
State Treasurer to issue the revenue bonds described in ORS
530.140 { + to acquire any lands as provided in ORS 530.010 and
to sell revenue bonds under ORS 530.140 in the manner the State
Treasurer deems advisable. The net proceeds derived from the sale
of the revenue bonds, after the payment of bond-related costs,
shall be paid into the State Treasury and credited to the State
Forestry Department Account to be used exclusively for the
purpose of acquiring lands as provided by ORS 530.010 and section
2 of this 2009 Act. The State Forestry Department may establish
one or more subaccounts, as it determines are desirable for
administration of the net proceeds, in the State Forestry
Department Account. + } { - in exchange for lands selected by
it in accordance with ORS 530.010 and to sell such bonds in such
manner as the State Treasurer deems advisable. Should the bonds
be sold, the proceeds shall be paid into the State Treasury and
credited to the State Forestry Department Account and shall be
expended only by warrant of the Oregon Department of
Administrative Services in the payment of vouchers bearing the
approval of the board in the purchase of lands, as provided in
ORS 530.010. - }
' { - (2) Lands proposed to be taken in exchange for bonds
shall first be appraised by the board and the appraisal approved
by the Department of State Lands. - }
' { + (2) Subject to any management plan adopted under ORS
526.905 for the lands, the board may make covenants related to
the operation, use and sale of, or revenues derived from, lands
acquired with proceeds of the revenue bonds that the board
determines after consultation with the State Treasurer to be
necessary or desirable for repayment of the bonds.
' (3) Any lands proposed to be acquired under subsection (1) of
this section shall be appraised by the State Board of Forestry
and the appraisal shall be approved by the Department of State
Lands prior to the acquisition of the lands. + }
' { + SECTION 14. + } ORS 530.230 is amended to read:
' 530.230. In order to provide funds for the purposes specified
in Article XI-E of the Oregon Constitution, the State Board of
Forestry may request the State Treasurer to issue bonds in
accordance with the provisions of ORS chapter 286A { - , but the
annual issue shall not exceed $750,000 - } .
' { + SECTION 15. + } ORS 530.240 is amended to read:
' 530.240. The { - moneys - } { + net proceeds, after
payment of bond-related costs, + } arising from the sale of each
issue of bonds { + under ORS 530.210 to 530.280 + } shall be
paid into the State Treasury and credited to the State Forestry
Department Account and shall be used exclusively for the
rehabilitation, reforestation, management and development of
state-owned forestlands and the acquisition of lands for said
purposes. Moneys acquired under ORS 530.230 shall be in addition
to and not in lieu of moneys regularly appropriated or otherwise
made available to the State Board of Forestry for the
administration, management and protection of state forestlands.
{ + The State Forestry Department may establish one or more
subaccounts, as the department determines are desirable for
administration of the net proceeds arising from the sale of each
issue of bonds, in the State Forestry Department Account. + }
' { + SECTION 16. + } ORS 530.280 is amended to read:
' 530.280. (1) { - There hereby is created a sinking fund
account to provide for the payment of the principal and interest
of all bonds issued pursuant to the provisions of ORS 530.210 to
530.280 - } { + The State Forestry General Obligation Bond Fund
is established separate and distinct from the General Fund.
Interest earned by the State Forestry General Obligation Bond
Fund shall be credited to the fund. Moneys in the fund may be
invested as provided in ORS 286A.025 and 293.701 to 293.820. All
moneys in the State Forestry General Obligation Bond Fund are
continuously appropriated to the State Forestry Department for
the purposes of paying bond-related costs when due on the general
obligation bonds issued under Article XI-E of the Oregon
Constitution. However, an agreement for exchange of interest
rates may not be paid from moneys derived under paragraph (a) of
this subsection or from General Fund moneys appropriated under
paragraph (d) of this subsection to fulfill a pledge of the full
faith and credit of the state set forth in Article XI-E of the
Oregon Constitution + }. The { + State Forestry General
Obligation Bond + } Fund shall consist of the following:
' (a) All moneys derived from taxes levied under ORS 291.445;
' (b) All moneys derived from the sale, exchange or use of land
acquired pursuant to ORS 530.240; { - and - }
' (c) Except as provided in ORS 530.115, all moneys received
from the disposal of forest products created through expenditures
of moneys available under { - the Oregon Forest Rehabilitation
Act - } { + ORS 530.210 to 530.280 + } for reforestation
{ - . - } { + ; and
' (d) Any moneys that may be appropriated to the fund by the
Legislative Assembly. + }
' (2) The moneys referred to in subsection (1) { + (b) and
(c) + } of this section shall be set aside for { - sinking fund
purposes until the issues of bonds which provided funds for such
reforestation have been retired. The State Forester shall
designate and keep records of the area of land on which the funds
from particular issues of bonds have been expended for such
reforestation. - } { + State Forestry General Obligation Bond
Fund purposes until there are no longer any bonds issued under
ORS 530.210 to 530.280 outstanding. If no bonds issued under ORS
530.210 to 530.280 are outstanding, the moneys described in
subsection (1)(b) and (c) of this section shall be disposed of
using the distribution formula described in ORS 530.115 (1)(a) to
(c). + }
' { - (3) Disbursement from the sinking fund shall be made,
for the purposes stated, upon the submission of duly verified
claims, approved by the State Board of Forestry, to the Secretary
of State, who shall audit the same in the manner that other
claims against the state are audited. The Oregon Department of
Administrative Services thereupon shall draw a warrant on the
State Treasurer against the fund. The money in the sinking fund
may be invested as provided in ORS 293.701 to 293.820. - }
' { + SECTION 17. + } ORS 293.701 is amended to read:
' 293.701. As used in ORS 293.701 to 293.820, unless the
context requires otherwise:
' (1) 'Council' means the Oregon Investment Council.
' (2) 'Investment funds' means:
' (a) Public Employees Retirement Fund referred to in ORS
238.660;
' (b) Industrial Accident Fund referred to in ORS 656.632;
' (c) Consumer and Business Services Fund referred to in ORS
705.145;
' (d) Employment Department Special Administrative Fund
referred to in ORS 657.822;
' (e) Insurance Fund referred to in ORS 278.425;
' (f) Funds under the control and administration of the
Department of State Lands;
' (g) Oregon Student Assistance Fund referred to in ORS
348.570;
' (h) Moneys made available to the Commission for the Blind
under ORS 346.270 and 346.540 or rules adopted thereunder;
' { - (i) Forest rehabilitation bonds sinking fund referred to
in ORS 530.280; - }
' { + (i) Forest Development Revenue Bond Fund referred to in
section 4 of this 2009 Act and State Forestry General Obligation
Bond Fund referred to in ORS 530.280; + }
' (j) Oregon War Veterans' Fund referred to in ORS 407.495;
' (k) Oregon War Veterans' Bond Sinking Account referred to in
ORS 407.515;
' (L) World War II Veterans' Compensation Fund;
' (m) World War II Veterans' Bond Sinking Fund;
' (n) Savings and loan association funds in the hands of the
Director of the Department of Consumer and Business Services;
' (o) Funds in the hands of the State Treasurer that are not
required to meet current demands;
' (p) State funds that are not subject to the control and
administration of officers or bodies specifically designated by
law;
' (q) Funds derived from the sale of state bonds;
' (r) Social Security Revolving Account referred to in ORS
237.490;
' (s) Investment funds of the State Board of Higher Education
lawfully available for investment or reinvestment;
' (t) Local Government Employer Benefit Trust Fund referred to
in ORS 657.513;
' (u) Elderly and Disabled Special Transportation Fund
established by ORS 391.800;
' (v) Education Stability Fund established by ORS 348.696;
' (w) Deferred Compensation Fund established under ORS 243.411;
and
' (x) Trust for Cultural Development Account established under
ORS 359.405.
' (3) 'Investment officer' means the State Treasurer in the
capacity as investment officer for the council.
' { + SECTION 18. + } ORS 526.060 is amended to read:
' 526.060. (1) { - Excepting the sinking fund moneys
designated in ORS 530.280 and reimbursements for the revolving
account under ORS 526.121 - } { + Except as provided in section
4 of this 2009 Act and ORS 526.121 and 530.280 + }, all
assessments, federal apportionments or contributions, and other
moneys received by the forester or State Board of Forestry, shall
be paid into the State Treasury and credited to the State
Forestry Department Account, which is established separate and
distinct from the General Fund. All moneys in the State Forestry
Department Account are { - appropriated - } continuously { +
appropriated + }, and shall be used by the forester, under the
supervision and direction of the board, for the purposes
authorized by law.
' (2) The forester shall keep a record of all moneys deposited
in the State Forestry Department Account. 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. All moneys in the
account received pursuant to ORS 527.610 to 527.770 and 527.992
shall be used only for carrying out the duties, functions and
powers of the State Forestry Department in administering ORS
527.610 to 527.770 and 527.992.
' (3) The Urban and Community Forestry Subaccount is
established as a subaccount of the State Forestry Department
Account. Moneys in the Urban and Community Forestry Subaccount
are
{ - appropriated - } continuously { + appropriated + } to the
State Forestry Department to be used for urban and community
forest activities described in ORS 469.634 and 469.652.
' (4) The State Forest Enhancement Donation Subaccount is
established as a subaccount to the State Forestry Department
Account. Moneys in the State Forest Enhancement Donation
Subaccount are continuously appropriated to the State Forestry
Department to be used for the purposes described in ORS 526.065.
' (5) The State Forest Nursery Subaccount is established as a
subaccount to the State Forestry Department Account. Moneys in
the State Forest Nursery Subaccount are continuously appropriated
to the State Forestry Department to be used for the purposes
described in ORS 526.235.
' (6) The State Forest Tree Seed Bank Subaccount is established
as a subaccount to the State Forestry Department Account. Moneys
in the State Forest Tree Seed Bank Subaccount are continuously
appropriated to the State Forestry Department to be used for the
purposes described in ORS 526.470.
' (7) The State Forest Tree Seed Orchard Subaccount is
established as a subaccount to the State Forestry Department
Account. Moneys in the State Forest Tree Seed Orchard Subaccount
are continuously appropriated to the State Forestry Department to
be used for the purposes described in ORS 526.472.
' (8) Notwithstanding ORS 291.238, the moneys credited to the
subaccounts established under subsections (5), (6) and (7) of
this section shall be continuously available on a revolving
basis.
' { + SECTION 19. + } { + ORS 530.150 and 530.160 are
repealed. + }
' { + SECTION 20. + } { + (1) The amendments to ORS 530.280
by section 16 of this 2009 Act are intended to rename the
'sinking fund account ' described in ORS 530.280 to be the 'State
Forestry General Obligation Bond Fund.' The State Forestry
General Obligation Bond Fund is for all purposes a continuation
of the sinking fund account and not a new fund.
' (2) Any reference in Oregon Revised Statutes to the ' sinking
fund account' in ORS 530.280 shall be considered a reference to
the 'State Forestry General Obligation Bond Fund. '
' (3) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'sinking fund
account' under ORS 530.280, wherever they occur in Oregon Revised
Statutes, other words designating the 'State Forestry General
Obligation Bond Fund.' + }
' { + SECTION 21. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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