Chapter 323
Oregon Laws 2011
AN ACT
SB 119
Relating to
shellfish fees; creating new provisions; amending ORS 622.080, 622.290 and
622.300; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 622.080 is amended to
read:
622.080. (1)[(a)] Persons engaged in the growing, production, harvesting or
distribution of shellfish who receive from such operations not more than [$60,000] $50,000 in annual gross
income shall pay [the following]
annual fees to the State Department of Agriculture[:]. The department shall establish the amount of the annual fees
by rule, not to exceed:
[(A)]
(a) [$150] $300 for a
certificate of shellfish sanitation as a shucker-packer, for a person operating
a shellfish shucking, packing or repacking plant for the distribution of
shellfish.
[(B)]
(b) [$100] $200 for a
certificate of shellfish sanitation as a grower, for a person engaged in the
business of growing shellfish.
[(C)]
(c) [$100] $200 for a
certificate of shellfish sanitation as a distributor, for any jobber or
wholesaler who furnishes or sells shellfish to retail outlets.
[(D)]
(d) [$75] $250 for a
certificate of shellfish sanitation as a commercial harvester, for any person
harvesting clams or mussels for commercial purposes.
[(b)
Notwithstanding the fees established in paragraph (a) of this subsection, no
commercial facility operating in one location shall pay more than $250 in total
annual fees to the department for any combination of certificates issued under
paragraph (a) of this subsection.]
(2)[(a)] Persons engaged in the growing, production, harvesting or
distribution of shellfish who receive from such operations more than [$60,000] $50,000 but not more than
$500,000in annual gross income shall pay [the following] annual fees to the department[:]. The department shall establish the amount of the annual fees
by rule, not to exceed:
[(A)]
(a) [$300] $600 for a
certificate of shellfish sanitation as a shucker-packer, for a person operating
a shellfish shucking, packing or repacking plant for the distribution of
shellfish.
[(B)]
(b) [$200] $400 for a
certificate of shellfish sanitation as a grower, for a person engaged in the
business of growing shellfish.
[(C)]
(c) [$225] $450 for a
certificate of shellfish sanitation as a distributor, for any jobber or
wholesaler who furnishes or sells shellfish to retail outlets.
[(D)]
(d) [$75] $250 for a
certificate of shellfish sanitation as a commercial harvester, for any person
harvesting clams or mussels for commercial purposes.
[(b)
Notwithstanding the fees established in paragraph (a) of this subsection, no
commercial facility operating in one location shall pay more than $500 in total
annual fees to the department for any combination of certificates issued under
paragraph (a) of this subsection.]
(3) Persons engaged in the growing,
production, harvesting or distribution of shellfish who receive from such
operations more than $500,000 in annual gross income shall pay annual fees to
the department. The department shall establish the amount of the annual fees by
rule, not to exceed:
(a) $1,200 for a certificate of
shellfish sanitation as a shucker-packer, for a person operating a shellfish
shucking, packing or repacking plant for the distribution of shellfish.
(b) $800 for a certificate of
shellfish sanitation as a grower, for a person engaged in the business of
growing shellfish.
(c) $900 for a certificate of
shellfish sanitation as a distributor, for any jobber or wholesaler who
furnishes or sells shellfish to retail outlets.
(d) $250 for a certificate of
shellfish sanitation as a commercial harvester, for any person harvesting clams
or mussels for commercial purposes.
SECTION 2. ORS 622.290 is amended to
read:
622.290. (1) Persons using state lands
for cultivating oysters, clams or mussels shall pay annual cultivation fees and
use taxes quarterly to the State Department of Agriculture. Fees and taxes
become delinquent 30 days after the end of the quarter.
(2) Use taxes shall be in the amount
of 10 cents per gallon of oysters if sold by the gallon, 10 cents per bushel of
oysters if sold in the shell by the bushel or one cent per dozen oysters if
sold by the dozen.
(3) Use taxes shall be in the amount
of one-half cent per pound of clams or mussels sold.
(4) The annual cultivation fee shall
be [in the amount of $4] established
by department rule in an amount not to exceed $14 for each acre claimed
pursuant to chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made
subsequent thereto.
(5) Annual cultivation fees and use
taxes shall be assessed in lieu of property taxes, lease fees or rental charges
for the use of lands upon which oysters, clams or mussels are grown and
harvested.
SECTION 3. ORS 622.300 is amended to
read:
622.300. All moneys received by the
State Department of Agriculture under ORS 622.290 shall be paid over to the
State Treasurer and deposited in the Department of Agriculture Service Fund and
be subject to ORS 561.144. All such moneys are appropriated continuously to the
department to carry out the provisions of [ORS
622.220 and 622.320] this chapter.
SECTION 4. (1) The amendments to
ORS 622.080 and 622.290 by sections 1 and 2 of this 2011 Act apply to fees
assessed for annual periods that begin on or after July 1, 2011. The Legislative
Assembly intends that any initial rule adopted under ORS 622.080 or 628.290 by
the State Department of Agriculture shall apply retroactively if necessary to
allow charging and collection of the full fee amount established by rule for
annual periods that begin on or after July 1, 2011.
(2) If the department does not
complete the adoption of initial rules under ORS 622.080 and 622.290 on or
before July 1, 2011, for any annual period that begins on or after July 1,
2011, and prior to the initial rules taking effect, the department may elect to
charge and collect at the beginning of the annual period a partial payment
equal to the applicable fee amount under ORS 622.080 and 622.290 as in effect
immediately prior to the effective date of the amendments to ORS 622.080 and
622.290 by sections 1 and 2 of this 2011 Act. If the department elects to
charge and collect a partial payment under this subsection, the department
shall apply the full amount of the collected partial payment toward the annual
fee amount due from the person under the applicable initial rule adopted by the
department.
(3) The amendments to ORS 622.300 by
section 3 of this 2011 Act become operative July 1, 2011.
SECTION 5. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor June 14, 2011
Filed in the
office of Secretary of State June 14, 2011
Effective date
June 14, 2011
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