Bill Text: OR HB3432 | 2011 | Regular Session | Introduced
Bill Title: Relating to state finance; declaring an emergency.
Sponsorship: Partisan Bill (Republican 7)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3432 Detail]
Download: Oregon-2011-HB3432-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3719
House Bill 3432
Sponsored by Representative BREWER; Representatives GILLIAM,
JOHNSON, KRIEGER, MCLANE, OLSON, SHEEHAN
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 as
introduced.
Designates Oregon Board of Accountancy Account, Department of
Agriculture Service Fund, state agency real property or
facilities accounts, Forest Research and Experiment Account,
Oregon Forest Land Protection Fund, Oregon Forest Smoke
Management Account, certain moneys in State Forestry Department
Account, Forest Resource Trust Fund and Oregon Forest Resources
Institute Fund as trust accounts or funds exclusively for
purposes described by law.
Declares legislative intent to create contractual obligation of
state to use moneys only for purposes specified by law and to not
transfer moneys out of account for other uses.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to state finance; creating new provisions; amending ORS
276.285, 321.185, 477.560, 477.750, 526.060, 526.675, 526.720
and 561.144; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS 673.010 to 673.457. + }
SECTION 2. { + (1) The Oregon Board of Accountancy Account
established in the General Fund pursuant to ORS 670.335 is a
trust account exclusively for the uses and purposes declared in
ORS 670.335 and 673.010 to 673.457.
(2) The State of Oregon declares that it has no proprietary
interest in the Oregon Board of Accountancy Account and disclaims
any right to claim contributions made to the account from sources
other than the General Fund.
(3) The Legislative Assembly unambiguously expresses an
intention to create a contractual obligation of the state, to
persons who pay fees for deposit into the account or contribute
moneys to the account, to use the moneys in the account only for
the purposes declared in ORS 670.335 and 673.010 to 673.457 and
commits to not transfer the moneys in the account to any other
fund or account to be used for other purposes.
(4) This section does not impair the force or effect of any law
of this state specifically authorizing the investment of moneys
from the account. + }
SECTION 3. ORS 561.144 is amended to read:
561.144. (1) The State Treasurer shall establish a Department
of Agriculture Service Fund, which shall be a trust fund separate
and distinct from the General Fund. The State Department of
Agriculture shall deposit all license and service fees paid to it
under the provisions of the statutes identified in subsection (3)
of this section in the Department of Agriculture Service Fund.
The State Treasurer is the custodian of this trust fund, which
shall be deposited by the treasurer in such depositories as are
authorized to receive deposits of the General Fund, and which may
be invested by the treasurer in the same manner as authorized by
ORS 293.701 to 293.820.
(2) Interest received on deposits credited to the Department of
Agriculture Service Fund shall accrue to and become a part of the
Department of Agriculture Service Fund.
(3) The license and service fees subject to this section are
those described in ORS 561.400, 561.740, 570.710, 571.057,
571.063, 571.145, 571.305, 583.004, 583.046, 583.445, 583.510,
583.610, 585.050, 586.270, 586.580, 586.650, 596.030, 596.100,
596.311, 599.235, 599.269, 599.406, 599.610, 601.040, 602.090,
603.025, 603.075, 616.706, 618.115, 618.136, 619.031, 621.072,
621.166, 621.266, 621.297, 621.335, 621.730, 622.080, 625.180,
628.240, 632.211, 632.425, 632.600, 632.720, 632.730, 632.741,
632.940, 632.945, 633.015, 633.029, 633.318, 633.362, 633.461,
633.471, 633.680, 633.700, 633.720, 634.016, 634.116, 634.122,
634.126, 634.132, 634.136, 634.212 and 635.030.
{ + (4) The Department of Agriculture Service Fund is a trust
fund exclusively for the uses and purposes provided by law. The
State of Oregon declares that it has no proprietary interest in
the Department of Agriculture Service Fund and disclaims any
right to claim contributions made to the fund from sources other
than the General Fund. The Legislative Assembly unambiguously
expresses an intention to create a contractual obligation of the
state, to persons who pay fees for deposit into the Department of
Agriculture Service Fund or contribute moneys to the fund, to use
the moneys in the fund only for the purposes provided by law and
commits to not transfer the moneys in the fund to any other fund
or account to be used for other purposes. This subsection does
not impair the force or effect of any law of this state
specifically authorizing the investment of moneys from the
fund. + }
SECTION 4. ORS 276.285 is amended to read:
276.285. (1) It is the policy of the State of Oregon, in
keeping with the benchmark relating to public infrastructure and
development adopted by the Oregon Progress Board, to facilitate
and encourage state agencies that own real property and operate
facilities to manage and develop these properties in an effective
and businesslike manner. The maintenance, preservation and
development of state-owned real property and facilities,
including, but not limited to, educational institutions,
hospitals, parks, roads, libraries and fish hatcheries is
essential to enable the State of Oregon to meet the needs of its
citizens now and in the future. The purpose of chapter 452,
Oregon Laws 1995, is to maintain and protect the investment of
the State of Oregon in its public infrastructure.
(2) { + (a) + } Any state agency that owns and operates real
property or facilities is authorized to establish a separate
dedicated account in the State Treasury for the purpose of paying
the expenses of constructing, operating, maintaining, repairing,
replacing, equipping, improving, acquiring and disposing of such
real property and facilities. All moneys in an account
established pursuant to this subsection are appropriated
continuously to the agency for the purposes described in this
subsection. All interest earned on moneys in the account shall be
retained in and credited to the account.
{ + (b) Each account established pursuant to paragraph (a) of
this subsection is a trust account exclusively for the purposes
declared in paragraph (a) of this subsection. The State of Oregon
declares that it has no proprietary interest in the account and
disclaims any right to claim contributions made to the account
from sources other than the General Fund. The Legislative
Assembly unambiguously expresses an intention to create a
contractual obligation of the state, to persons who pay fees for
deposit into the account or contribute moneys to the account, to
use the moneys in the account only for the purposes declared in
paragraph (a) of this subsection and commits to not transfer the
moneys in the account to any other fund or account to be used for
other purposes. This paragraph does not impair the force or
effect of any law of this state specifically authorizing the
investment of moneys from the account. + }
(3) Any state agency that owns or operates real property or
facilities may establish a rental program for the purpose of
recovering and paying for the costs, including debt service, of
constructing, operating, maintaining, repairing, replacing,
equipping, improving and disposing of real property and
facilities consistent with the statutory authority of the state
agency. All revenues from such rental programs shall be deposited
in the account established pursuant to subsection (2) of this
section.
(4) Whenever a state agency that owns and operates real
property and facilities, and that has an established account
under subsection (2) of this section sells or leases real
property, the proceeds from the sale or lease shall be credited
to the account established pursuant to subsection (2) of this
section, unless disposition of the proceeds is otherwise provided
by law.
(5) If a state agency that owns and operates real property and
facilities has other statutory authority to provide funding for
real property and facility operation and management, the agency
may use that authority in lieu of or in addition to the
provisions of this section.
(6) When a state agency establishes an account pursuant to
subsection (2) of this section, the agency shall provide a report
of the revenues to and expenditures from the account as part of
its budget submission to the Governor and the Legislative
Assembly under ORS chapter 291. The establishment by state
agencies of rental rates for real property or facilities pursuant
to this section shall be on a biennial basis as part of the
budget development process, but modification of the rates may be
made during the interim between legislative sessions after a
report to the Emergency Board of the proposed rate modification.
SECTION 5. ORS 321.185 is amended to read:
321.185. (1) There hereby is established in the State Treasury
in the General Fund an account to be known as the Forest Research
and Experiment Account, which account hereby is appropriated
continuously to the State Board of Higher Education for the
purposes of ORS 526.215 and 526.225.
(2) The Forest Research and Experiment Account shall consist of
allocations from harvest taxes as provided in ORS 321.015 (1).
{ + (3) The Forest Research and Experiment Account is a trust
account exclusively for the uses and purposes described in this
section. The State of Oregon declares that it has no proprietary
interest in the Forest Research and Experiment Account and
disclaims any right to claim contributions made to the account
from sources other than the General Fund. The Legislative
Assembly unambiguously expresses an intention to create a
contractual obligation of the state, to persons who pay fees for
deposit into the account or contribute moneys to the account, to
use the moneys in the account only for the purposes described in
this section and commits to not transfer the moneys in the
account to any other fund or account to be used for other
purposes. This subsection does not impair the force or effect of
any law of this state specifically authorizing the investment of
moneys from the account. + }
SECTION 6. ORS 477.750 is amended to read:
477.750. (1) The Oregon Forest Land Protection Fund is created,
separate and distinct from the General Fund. This fund shall be
held by the State Treasurer as a trust fund for the uses and
purposes provided in ORS 477.750 to 477.775 and 477.880. The
State Treasurer shall deposit and invest moneys in the fund as
provided by law, taking into account its uses and purposes.
Interest earned by the fund shall be credited to the fund.
(2) Notwithstanding any other law and as limited by ORS 477.750
to 477.775 and 477.880, that part of the suspense account created
by ORS 321.145 that is derived from the tax levied by ORS 321.015
(2) after refunds and other costs permitted by law, shall be
credited to the Oregon Forest Land Protection Fund.
{ + (3) The Oregon Forest Land Protection Fund is a trust
fund exclusively for the uses and purposes described in
subsection (1) of this section. The State of Oregon declares that
it has no proprietary interest in the Oregon Forest Land
Protection Fund and disclaims any right to claim contributions
made to the fund from sources other than the General Fund. The
Legislative Assembly unambiguously expresses an intention to
create a contractual obligation of the state, to persons who pay
fees for deposit into the Oregon Forest Land Protection Fund or
contribute moneys to the fund, to use the moneys in the fund only
for the purposes described in subsection (1) of this section and
commits to not transfer the moneys in the fund to any other fund
or account to be used for other purposes. This subsection does
not impair the force or effect of any law of this state
specifically authorizing the investment of moneys from the
fund. + }
SECTION 7. ORS 477.560 is amended to read:
477.560. (1) The Oregon Forest Smoke Management Account is
established separate and distinct from the General Fund in the
State Treasury.
(2) The following moneys shall be credited to the Oregon Forest
Smoke Management Account:
(a) Nonrefundable registration fees received by the State
Forestry Department for Class 1 forestland under ORS 526.324 to
be burned west of the summit of the Cascade Mountains, not
including Hood River County.
(b) Fees received by the State Forester for Class 1 forestland
under ORS 526.324 treated by a prescription burn method under ORS
477.515 (1) west of the summit of the Cascade Mountains, not
including Hood River County.
(c) Fees for federal forestland included within the regulated
area under ORS 477.013 to be treated by any prescription burn
method subject to the provisions of the State of Oregon Clean Air
Act Implementation Plan and the federal Clean Air Act received by
the State Forester.
(3) The moneys in the Oregon Forest Smoke Management Account
are appropriated continuously for and shall be used by the State
Forester exclusively for the administration of the smoke
management program approved under ORS 477.013 and 477.554.
{ + (4) The Oregon Forest Smoke Management Account is a trust
account exclusively for the uses and purposes described in
subsection (3) of this section. The State of Oregon declares that
it has no proprietary interest in the Oregon Forest Smoke
Management Account and disclaims any right to claim contributions
made to the account from sources other than the General Fund. The
Legislative Assembly unambiguously expresses an intention to
create a contractual obligation of the state, to persons who pay
fees for deposit into the account or contribute moneys to the
account, to use the moneys in the account only for the purposes
described in subsection (3) of this section and commits to not
transfer the moneys in the account to any other fund or account
to be used for other purposes. This subsection does not impair
the force or effect of any law of this state specifically
authorizing the investment of moneys from the account. + }
SECTION 8. ORS 526.060 is amended to read:
526.060. (1) Except as provided in ORS 526.121, 530.147 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 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 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.
{ + (9) Moneys deposited in the State Forestry Department
Account pursuant to ORS 477.062, 477.270, 477.412, 477.580 (5)
and 526.146, or deposited into the State Forest Tree Seed Orchard
Subaccount established by subsection (7) of this section, are
considered to be held in trust exclusively for the uses and
purposes described in ORS 477.062, 477.270, 477.412, 477.580 (5)
or 526.146 or subsection (7) of this section. The State of Oregon
declares that it has no proprietary interest in the moneys
described in this subsection and disclaims any right to claim
contributions made to the account or subaccount from sources
described in this subsection other than the General Fund. The
Legislative Assembly unambiguously expresses an intention to
create a contractual obligation of the state, to persons who pay
fees for deposit into the account or subaccount or who contribute
moneys to the account from sources described in this subsection,
to use the moneys only for the purposes described in this
subsection and commits to not transfer the moneys in the
subaccount or account from sources described in this subsection
to any other fund or account to be used for other purposes. This
subsection does not impair the force or effect of any law of this
state specifically authorizing the investment of moneys from the
subaccount or account. + }
SECTION 9. ORS 526.720 is amended to read:
526.720. { + (1) + } The Forest Resource Trust Fund is created
in the State Treasury, separate and distinct from the General
Fund. The Forest Resource Trust Fund shall consist of all moneys
received from whatever source to carry out the duties, functions
and powers of the Forest Resource Trust. All earnings on moneys
in the fund shall be retained in the fund. All moneys in the fund
are appropriated continuously to the State Forestry Department to
carry out the duties, functions and powers of the Forest Resource
Trust, including State Forestry Department administrative
expenses.
{ + (2) The Forest Resource Trust Fund is a trust fund
exclusively for the uses and purposes described in subsection (1)
of this section. The State of Oregon declares that it has no
proprietary interest in the Forest Resource Trust Fund and
disclaims any right to claim contributions made to the fund from
sources other than the General Fund. The Legislative Assembly
unambiguously expresses an intention to create a contractual
obligation of the state, to persons who pay fees for deposit into
the Forest Resource Trust Fund or contribute moneys to the fund,
to use the moneys in the fund only for the purposes described in
subsection (1) of this section and commits to not transfer the
moneys in the fund to any other fund or account to be used for
other purposes. This subsection does not impair the force or
effect of any law of this state specifically authorizing the
investment of moneys from the fund. + }
SECTION 10. ORS 526.675 is amended to read:
526.675. (1) The Oregon Forest Resources Institute Fund is
created in the State Treasury, separate and distinct from the
General Fund. Except as otherwise provided by law, all moneys
received by the Oregon Forest Resources Institute shall be paid
into the State Treasury and credited to the fund. All moneys in
the fund are appropriated continuously to the institute to carry
out its duties, functions and powers. Interest earnings on all
moneys in the fund shall be retained in the fund.
(2) The board of directors of the institute may repay moneys
from the fund to persons who paid a privilege tax levied under
ORS 321.017. The board may repay the amount of tax paid upon
application by the person who paid the tax. The board shall adopt
rules necessary for the implementation of this subsection. Rules
adopted by the board shall include standards for the repayment of
moneys and limits on the amount that may be requested.
{ + (3) The Oregon Forest Resources Institute Fund is a trust
fund exclusively for the uses and purposes described in this
section. The State of Oregon declares that it has no proprietary
interest in the Oregon Forest Resources Institute Fund and
disclaims any right to claim contributions made to the fund from
sources other than the General Fund. The Legislative Assembly
unambiguously expresses an intention to create a contractual
obligation of the state, to persons who pay fees for deposit into
the Oregon Forest Resources Institute Fund or contribute moneys
to the fund, to use the moneys in the fund only for the purposes
described in this section and commits to not transfer the moneys
in the fund to any other fund or account to be used for other
purposes. This subsection does not impair the force or effect of
any law of this state specifically authorizing the investment of
moneys from the fund. + }
SECTION 11. { + Section 2 of this 2011 Act and the amendments
to ORS 276.285, 321.185, 477.560, 477.750, 526.060, 526.675,
526.720 and 561.144 by sections 3 to 10 of this 2011 Act apply to
moneys deposited in a fund, account or subaccount on or after the
effective date of this 2011 Act. + }
SECTION 12. { + 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. + }
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