Bill Text: OR SB119 | 2011 | Regular Session | Enrolled
Bill Title: Relating to shellfish fees; appropriating money; declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-22 - Effective date, June 14, 2011. [SB119 Detail]
Download: Oregon-2011-SB119-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 119
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 Governor John A. Kitzhaber
for State Department of Agriculture)
CHAPTER ................
AN ACT
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 $500,000 + } in annual gross income shall pay { - the
following - } annual fees to the department { - : - } { + .
Enrolled Senate Bill 119 (SB 119-A) Page 1
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:
Enrolled Senate Bill 119 (SB 119-A) Page 2
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. + }
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Passed by Senate May 19, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 1, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 119 (SB 119-A) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 119 (SB 119-A) Page 4
