75th OREGON LEGISLATIVE ASSEMBLY--2009 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 876
 
                           A-Engrossed
 
                         Senate Bill 217
                 Ordered by the Senate April 20
           Including Senate Amendments dated April 20
 
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 Attorney General Hardy
  Myers for Department of Justice)
 
 
                             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.
 
  Permits Historic Preservation Revolving Loan Fund to be used
for enforcement of cultural resources protection laws and for
promotion of public education regarding cultural resources.
Requires funds recovered by Attorney General for cultural
resources protection enforcement to be placed in Historic
Preservation Revolving Loan Fund.   { - Appropriates $200,000
from General Fund to Historic Preservation Revolving Loan Fund
for cultural resources protection enforcement. - }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to Historic Preservation Revolving Loan Fund; amending
  ORS 358.664, 358.676 and 358.955; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 358.664 is amended to read:
  358.664. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Historic
Preservation Revolving Loan Fund. Moneys in the Historic
Preservation Revolving Loan Fund are continuously appropriated to
the State Historic Preservation Officer for the following
purposes:
  (a) To provide loans to owners of historic property, as
described in ORS 358.662 to 358.678.
  (b)  { + To pay + } for administrative expenses of the State
Historic Preservation Officer in:
  (A) Processing applications for loans made under ORS 358.662 to
358.678;
  (B) Investigating historic property rehabilitation projects
funded by loans made under ORS 358.662 to 358.678; and
  (C) Collecting loans made under ORS 358.662 to 358.678.
   { +  (c) To pay expenses incurred by the Attorney General in
the exercise of the Attorney General's enforcement authority
described in ORS 358.955 or in the Attorney General's criminal
 
prosecution of violations of ORS 358.905 to 358.961 or ORS
chapter 97 or 390.
  (d) To promote public education regarding cultural
preservation. + }
  (2) The Historic Preservation Revolving Loan Fund shall consist
of:
  (a) Moneys appropriated to the fund by the Legislative
Assembly;
  (b) Repayment of moneys loaned from the fund;
  (c) Moneys transferred to the fund from the federal government
or from private contributions;
  (d) Application fees required under ORS 358.668;   { - and - }
  (e) Interest and other earnings on moneys in the fund
 { - . - }  { + ;
  (f) Moneys recovered by the Attorney General in the exercise of
the Attorney General's enforcement authority described in ORS
358.955; and
  (g) Gifts, grants or donations received from any source.
  (3) The State Historic Preservation Officer may seek or accept
gifts, grants or donations from any source for the purposes
specified in subsection (1)(c) and (d) of this section. Moneys
received under this subsection shall be paid into the fund
established in subsection (1) of this section. + }
    { - (3) If the State Historic Preservation Officer does not
make any loan from the Historic Preservation Revolving Loan Fund
for a 24-month period, the balance of the Historic Preservation
Revolving Loan Fund and any repayments of loans from the Historic
Preservation Revolving Loan Fund shall be transferred to the
Oregon Property Management Account established under ORS 358.690
and may be spent for any purpose for which Oregon Property
Management Account moneys may be spent. - }
  SECTION 2. ORS 358.676 is amended to read:
  358.676. (1) The State Historic Preservation Officer shall
adopt rules { + :
  (a) + } Establishing standards and guidelines for the
rehabilitation of historic property. The standards and guidelines
shall include, but need not be limited to, guidance on
preservation, maintenance and rehabilitation of historic
property, adequacy of rehabilitation plans and proposals, and
eligible alterations of and construction associated with historic
property.  To the extent practicable, the standards and
guidelines shall be based on those developed by the United States
Secretary of the Interior to determine sufficiency of
rehabilitation plans.
   { +  (b) Establishing criteria and procedures for the payment
of moneys to the Attorney General for expenses described in ORS
358.664. + }
  (2) The State Historic Preservation Officer may adopt rules:
  (a) Establishing lending guidelines for loans from the Historic
Preservation Revolving Loan Fund.
  (b) Establishing loan application procedures.
  (c) Establishing loan application and administrative fees.
  (d) Facilitating administration of the Historic Preservation
Revolving Loan Fund.
   { +  (e) Facilitating the promotion of public education
regarding cultural preservation. + }
  SECTION 3. ORS 358.955 is amended to read:
  358.955. (1) Any person or the Attorney General, on behalf of
the state, may institute a civil proceeding against a person who
violates the provisions of ORS 358.920, 358.945, 358.950 or
390.235. In   { - such - }  { +  the + } proceeding, relief shall
be granted in conformity with the principles that govern the
granting of injunctive relief in other civil cases, except that
 { - no - }   { + a  + }showing of special or irreparable damage
to the person   { - shall have to be made. - }  { +  is not
required. + } Upon the execution of the proper bond against
damages for an injunction improvidently granted and a showing of
immediate danger of significant loss or damage, a temporary
restraining order or a preliminary injunction may be issued in
any such action before a final determination on the merits.
  (2) In any proceeding brought under this section, the court may
allow the prevailing party to recover costs, expert witness fees,
and reasonable attorney fees at trial and upon appeal.  { + Any
moneys recovered by the Attorney General under this subsection
shall be deposited in the fund established in ORS 358.664. + }
  (3) The Attorney General may, upon timely application,
intervene in any civil action or proceeding brought under
subsection (1) of this section if the Attorney General certifies
that in the opinion of the Attorney General, the action or
proceeding is of general public importance. In such action or
proceeding, the state shall be entitled to the same relief as if
the Attorney General instituted the action or proceeding.
  SECTION 4.  { + 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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