Bill Text: OR SB331 | 2013 | Regular Session | Engrossed

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Bill Title: Relating to the distribution of moneys to counties from the State Parks and Recreation Department Fund; declaring an emergency.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB331 Detail]

Download: Oregon-2013-SB331-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2899

                           A-Engrossed

                         Senate Bill 331
                Ordered by the Senate February 27
          Including Senate Amendments dated February 27

Sponsored by Senators THOMSEN, JOHNSON; Senators GIROD, HANSELL,
  PROZANSKI, ROBLAN, WHITSETT (Presession filed.)

                             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.

  Increases percentage of moneys distributed for maintenance of
county parks from 35 percent to   { - 50 - }   { + 45 + } percent
of moneys transferred to State Parks and Recreation Department
from registration of travel trailers, campers and motor homes and
from recreational vehicle trip permits.
  Declares emergency, effective July 1, 2013.

                        A BILL FOR AN ACT
Relating to the distribution of moneys to counties from the State
  Parks and Recreation Department Fund; creating new provisions;
  amending ORS 390.134; repealing section 3, chapter 792, Oregon
  Laws 2007; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 3, chapter 792, Oregon Laws 2007, is
repealed. + }
  SECTION 2. ORS 390.134, as amended by section 24, chapter 107,
Oregon Laws 2012, 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 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), (7), (8) or (9) 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 deposited 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)(a)   { - Thirty-five - }   { + Forty-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 deposited in the subaccount under
this paragraph must be accounted for separately. The following
apply to the distribution of moneys under this paragraph:
  (A) The moneys must be distributed among the several counties
for the purposes described in this paragraph. 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 paragraph must be remitted
to the county treasurers of the several counties by warrant.
  (b) 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.
  (c) 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.
  (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) Twelve percent of the amount transferred to the State Parks
and Recreation Department Fund from the Parks Subaccount shall be
used only to carry out the purposes and achievements described in
ORS 390.135 (2) and (3) through the awarding of grants to
regional or local government entities to acquire property for
public parks, natural areas or outdoor recreation areas or to
develop or improve public parks, natural areas or outdoor
recreation areas. Moneys described in this subsection may not be
used to pay the cost of administering grants or the cost of any
Secretary of State audit required under section 4c, Article XV of
the Oregon Constitution.
  (9) If the amount transferred to the State Parks and Recreation
Department Fund from the Parks Subaccount during a biennium is
more than 150 percent of the amount that was transferred during
the 2009-2011 biennium, the State Treasurer shall, during the
next following biennium, deposit for use as described in
subsection (8) of this section the amount required under
subsection (8) of this section plus an amount equal to the
difference between the amount deposited for use as described in
subsection (8) of this section during the preceding biennium and
25 percent of the moneys transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount during the
preceding biennium.
  (10) Subsections (8) and (9) of this section apply only for
biennia in which the Legislative Assembly does not require a
greater percentage of the amount transferred to the State Parks
and Recreation Department Fund from the Parks Subaccount to be
used for the purposes described in subsection (8) of this
section.  The Legislative Assembly may not authorize the
percentage of the amount transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount that is
deposited for use as described in subsection (8) of this section
in a biennium to be less than the percentage required to be
deposited under subsections (8) and (9) of this section.
  (11) On or before January 15 of each odd-numbered year, the
director shall submit a report to the Joint Committee on Ways and
Means created by ORS 171.555, or the Joint Interim Committee on
Ways and Means, that describes the measurable biennial and
cumulative results of activities and programs financed by moneys
transferred to the State Parks and Recreation Department Fund
from the Parks Subaccount. Notwithstanding ORS 192.230 to
192.250, the director shall make the report in a form and manner
as the committee may prescribe.
  SECTION 3. ORS 390.134, as amended by section 2, chapter 792,
Oregon Laws 2007, section 47, chapter 11, Oregon Laws 2009,
section 5, chapter 643, Oregon Laws 2011, and section 25, chapter
107, Oregon Laws 2012, 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 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), (7), (8) or (9) 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 deposited 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)(a)   { - Thirty - }   { + Forty-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 deposited in the subaccount under
this paragraph must be accounted for separately. The following
apply to the distribution of moneys under this paragraph:
  (A) The moneys must be distributed among the several counties
for the purposes described in this paragraph. 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 paragraph must be remitted
to the county treasurers of the several counties by warrant.
  (b) 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.
  (c) 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.
  (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) Twelve percent of the amount transferred to the State Parks
and Recreation Department Fund from the Parks Subaccount shall be
used only to carry out the purposes and achievements described in
ORS 390.135 (2) and (3) through the awarding of grants to
regional or local government entities to acquire property for
public parks, natural areas or outdoor recreation areas or to
develop or improve public parks, natural areas or outdoor
recreation areas. Moneys described in this subsection may not be
used to pay the cost of administering grants or the cost of any
Secretary of State audit required under section 4c, Article XV of
the Oregon Constitution.
  (9) If the amount transferred to the State Parks and Recreation
Department Fund from the Parks Subaccount during a biennium is
more than 150 percent of the amount that was transferred during
the 2009-2011 biennium, the State Treasurer shall, during the
next following biennium, deposit for use as described in
subsection (8) of this section the amount required under
subsection (8) of this section plus an amount equal to the
difference between the amount deposited for use as described in
subsection (8) of this section during the preceding biennium and
25 percent of the moneys transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount during the
preceding biennium.
  (10) Subsections (8) and (9) of this section apply only for
biennia in which the Legislative Assembly does not require a
greater percentage of the amount transferred to the State Parks
and Recreation Department Fund from the Parks Subaccount to be
used for the purposes described in subsection (8) of this
section.  The Legislative Assembly may not authorize the
percentage of the amount transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount that is
deposited for use as described in subsection (8) of this section
in a biennium to be less than the percentage required to be
deposited under subsections (8) and (9) of this section.
  (11) On or before January 15 of each odd-numbered year, the
director shall submit a report to the Joint Committee on Ways and
Means created by ORS 171.555, or the Joint Interim Committee on
Ways and Means, that describes the measurable biennial and
cumulative results of activities and programs financed by moneys
transferred to the State Parks and Recreation Department Fund
from the Parks Subaccount. Notwithstanding ORS 192.230 to
192.250, the director shall make the report in a form and manner
as the committee may prescribe.
  SECTION 4.  { + The amendments to ORS 390.134 by sections 2 and
3 of this 2013 Act apply to moneys 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 on or after July 1,
2013. + }
  SECTION 5.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on July 1,
2013. + }
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