justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.063. Lottery bonds for state park projects. The Legislative Assembly declares that the purpose of ORS 390.060 to 390.067 is to authorize lottery bonds for state park projects. The lottery bonds authorized by ORS 390.060 to 390.067 shall be issued pursuant to ORS 286A.560 to 286A.585. The obligation of the State of Oregon with respect to the bonds and with respect to any grant agreement or other commitment authorized by ORS 267.334, 285B.410, 285B.422, 285B.482, 285B.530 to 285B.548 and 390.060 to 390.067 shall at all times be restricted to the availability of unobligated net lottery proceeds, proceeds of lottery bonds and any other amounts specifically committed by ORS 286A.560 to 286A.585. Neither the faith and credit of the State of Oregon nor any of its taxing power shall be pledged or committed to the payment of lottery bonds or any other commitment of the State of Oregon authorized by ORS 390.060 to 390.067. [1997 c.800 1; 1999 c.44 22; 2005 c.835 31; 2007 c.783 178a] Note: See note under
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.065. Findings; use of Oregon State Lottery proceeds. The Legislative Assembly finds that: (1) Expenditures by visitors to Oregon state parks and by employees of the State Parks and Recreation Department currently contribute approximately $549 million each year to local economies throughout Oregon. The acquisition, development, improvement, upgrading, preservation and expansion of the capacity of facilities of the system of state parks, including parks, park facilities, ocean shores, scenic waterways, trails and historic sites in the State of Oregon, do and will accomplish the purpose of creating jobs and furthering economic development in Oregon by: (a) Increasing the capacity, usefulness and attractive qualities of public recreational facilities, thereby promoting travel and tourism in Oregon; (b) Generating business for and supporting the operations and prosperity of businesses located in the areas of the public recreational facilities; and (c) Creating employment opportunities within this state through the funding of development and improvement projects on which workers will be employed. (2) Based on the findings made in this section, the use of the net proceeds from the operation of the Oregon State Lottery to fund state park projects and to pay state park lottery bonds described in ORS 390.063 is an appropriate use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.510. [1997 c.800 2; 1999 c.44 23] Note: See note under
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.067. Request for issuance of state park lottery bonds; Oregon Parks for the Future Fund; uses of fund. (1) State park lottery bonds shall be issued only at the request of the State Parks and Recreation Director. State park lottery bonds may be issued in an amount sufficient to provide no more than $105 million of net proceeds to pay costs of state park projects, plus the amounts required to pay bond-related costs. (2) The Oregon Parks for the Future Fund is established in the State Treasury, separate and distinct from the General Fund. The net proceeds from the sale of the state park lottery bonds which are available to pay costs of state park projects shall be credited to the Oregon Parks for the Future Fund. Investment earnings on amounts in the Oregon Parks for the Future Fund shall be credited to the Oregon Parks for the Future Fund. All moneys from time to time credited to the Oregon Parks for the Future Fund, including any investment earnings, are appropriated continuously to the State Parks and Recreation Department only for payment of costs of state park projects and for payment of bond-related costs that are allocable to state park lottery bonds. Amounts in the Oregon Parks for the Future Fund shall be disbursed upon the written request of the State Parks and Recreation Director to pay for costs of state park projects pursuant to subsection (3) of this section, and upon the written request of the Director of the Oregon Department of Administrative Services to pay for bond-related costs that are allocable to state park lottery bonds. (3) The State Parks and Recreation Director shall apply amounts in the Oregon Parks for the Future Fund to pay costs of state park projects. The State Parks and Recreation Director may make and administer contracts to carry out state park projects. In addition, the director may enter into agreements with any state agency or local government that commits the State Parks and Recreation Department to pay anticipated funds from the Oregon Parks for the Future Fund to the agency or local government for state park projects. Agreements under this subsection may, subject to the provisions of this section, provide for the remittance of the moneys on such periodic basis, in such amounts, over such period of years and with such priority over other commitments of such funds as the director shall specify in the agreements. The obligation of the state and the department to provide funds under any such agreement shall be subject to the availability of amounts in the Oregon Parks for the Future Fund and any other amounts lawfully available to the State Parks and Recreation Department. The State Parks and Recreation Department and any agency or local government receiving proceeds of state park lottery bonds shall, if so directed by the Oregon Department of Administrative Services, take any action specified by the Oregon Department of Administrative Services which is necessary to maintain the excludability of lottery bond interest from gross income under the United States Internal Revenue Code. [1997 c.800 4] Note: See note under
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.110. [Formerly 366.345; repealed by 1989 c.904 48] STATE PARKS AND RECREATION DEPARTMENT (Generally)
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.111. Creation of department; jurisdiction and authority. (1) The State Parks and Recreation Department is created. The department consists of the State Parks and Recreation Commission, the State Parks and Recreation Director and all other officers and employees of the department. (2) Except as may be provided by an agreement to the contrary between the State Parks and Recreation Commission and the county, city or political subdivision thereof which exercised jurisdiction and authority over the park, ground or place prior to acquisition by the state, the department has complete jurisdiction and authority over all state parks, waysides and scenic, historic or state recreation areas, recreational grounds or places acquired by the state for scenic, historic, natural, cultural or recreational purposes except as otherwise provided by law. (3) The department shall manage and control the utilization of the grounds included within the State Capitol State Park under ORS 276.053 (1) to (5).
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.112. Additional criteria for acquiring and developing new historic sites, parks and recreation areas. The State Parks and Recreation Department shall propose to the State Parks and Recreation Commission additional criteria for the acquisition and development of new historic sites, parks and recreation areas. The criteria shall include but need not be limited to: (1) Criteria to address opportunities that may be lost to the department if acquisition is delayed, such as Whelan Island in Tillamook County and Cape Sebastian in Curry County; (2) Criteria to protect significant cultural and historic properties, such as Thompsons Mills in Linn County, Fort Rock Cave in Lake County, Fort Yamhill in Polk County and Keil House in Marion County; and (3) Criteria to satisfy the need for overnight and large group use facilities on the perimeter of urban population centers, such as Columbia and Washington Counties.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.114. State Parks and Recreation Commission. (1) There is established a State Parks and Recreation Commission consisting of seven members appointed by the Governor. (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. (3) All appointments of members of the commission by the Governor are subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565. (4) The Governor shall appoint at least one member of the commission from each of the congressional districts of this state, taking into consideration outdoor recreation interest, heritage interest and racial, ethnic, gender and geographic diversity. Of the seven members appointed by the Governor, at least one member must be from among individuals who reside west of the summit of the Coast Mountain Range and at least one member from among individuals who reside east of the summit of the Cascade Mountain Range. (5) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.117. Commission officers; meetings; function; delegation of authority. (1) The Governor shall designate one member as chairperson, and the members shall select such other officers, for such terms and with such duties and powers necessary for the performance of such offices as the State Parks and Recreation Commission determines appropriate. (2) A majority of the members of the commission constitutes a quorum for the transaction of business. (3) The commission shall meet at least once every three months at a time and place determined by the commission. The commission also shall meet at such other times and places as are specified by the call of the chairperson or of a majority of the members of the commission. (4) It is the function of the State Parks and Recreation Commission to promote the policy of this state toward outdoor recreation resources identified in ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.122. Requirements for establishing priorities for acquisition. In establishing its priorities for acquisition, the State Parks and Recreation Commission shall: (1) Consider the criteria and specific examples set forth in ORS 390.112; and (2) Encourage public nominations of significant resources that meet the criteria established pursuant to ORS 390.112 and other criteria pertaining to the acquisition of historic sites, parks and recreation areas.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.124. Commission rulemaking authority; charges for use of parks and other areas; exceptions. (1) In accordance with any applicable provision of ORS chapter 183, the State Parks and Recreation Commission may adopt rules necessary to carry out the duties, functions and powers imposed by law upon the commission and the State Parks and Recreation Department. Rules adopted pursuant to this section shall be duly entered in the minutes and records of the commission. (2)(a) The commission may adopt by rule a schedule setting forth the range of reasonable charges that may be assessed for the use of areas established and maintained by the department. The range of user fees relating to recreational vehicles must be 25 percent greater for nonresidents than for residents of this state. (b) With the approval of the commission, the State Parks and Recreation Director may set, adjust and assess fees for the use of areas established and maintained by the department. Fees assessed under this paragraph must be within the range of reasonable charges adopted by the commission under paragraph (a) of this subsection. The director may adjust a fee under this paragraph no more than four times per calendar year. The director may also adopt rules establishing reductions in waivers of or exemption from the charges. (c) Notwithstanding paragraphs (a) and (b) of this subsection, the commission shall authorize the use of any state park, individual campsite or day use fee area without charge: (A) Upon the showing of proper identification, by a person maintaining a foster home, as defined by ORS 418.625, and the persons children, when accompanied by a foster child residing in the home. (B) Upon the showing of proper identification, by a person maintaining a developmental disability child foster home, as defined by ORS 443.830, and the persons children, when accompanied by a foster child residing in the home. (C) If a deed to, lease of or contract to use the property used as a state park, campsite or day use fee area prohibits the charging of fees for use of the property. (D) Upon the showing of proper identification, by either a disabled veteran or a person on leave from military active duty status on Memorial Day, Independence Day or Veterans Day. (3) The commission shall adopt any rules pursuant to ORS chapter 183 that the commission considers necessary to carry out ORS 273.563 to 273.591.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.127. State Parks and Recreation Director; appointment; compensation. (1) The State Parks and Recreation Commission shall appoint as State Parks and Recreation Director an individual well qualified by training and experience to serve for a term of four years unless sooner removed by the commission. (2) The director shall receive such salary as may be prescribed by law. In addition to salary, subject to applicable law regulating travel and expenses of state officers, the director shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.131. Duties of director. The State Parks and Recreation Director is the executive head of the State Parks and Recreation Department and shall: (1) Be responsible to the State Parks and Recreation Commission for administration and enforcement of the duties, functions and powers imposed by law upon the commission and the department. (2) Appoint, supervise and control all commission employees and, under policy direction of the commission, be responsible for all of the commissions functions and activities. (3) Establish such administrative divisions as are necessary to carry out properly the commissions functions and activities. (4) Contract with the Department of Transportation for the performance of such administrative services as the director considers appropriate.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.134. State Parks and Recreation Department Fund; sources; uses; advisory committee; rules; subaccounts. (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. (d) All funds received by the State Parks and Recreation Department under ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.135. Parks Subaccount; sources; uses. (1) Of the moneys deposited into the Parks and Natural Resources Fund created under ORS 541.940 from the Oregon State Lottery, 50 percent shall be deposited into a Parks Subaccount. The State Treasurer may invest and reinvest the moneys in the Parks Subaccount as provided in ORS 293.701 to 293.857. Interest from the moneys deposited in the Parks Subaccount and earnings from investment of the moneys in the subaccount shall be credited to the subaccount. (2) Moneys deposited from the Oregon State Lottery to the Parks Subaccount may be used only for: (a) Maintaining, constructing, improving, developing, managing and operating state parks, ocean shores, public beach access areas, historic sites, natural areas and outdoor and recreation areas; (b) Acquiring real property, or interests in real property, that has significant natural, scenic, cultural, historic or recreational value for the creation or operation of state parks, ocean shores, public beach access areas, outdoor recreation areas and historic sites; and (c) Providing 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. (3) All moneys in the Parks Subaccount shall be transferred to the State Parks and Recreation Department Fund and used to carry out the purposes described in subsection (2) of this section by achieving each of the following: (a) Providing additional public parks, natural areas or outdoor recreation areas to meet the needs of current and future residents of this state. (b) Protecting natural, cultural, historic and outdoor recreational resources of statewide or regional significance. (c) Managing public parks, natural areas and outdoor recreation areas to ensure the long-term ecological health of those parks and areas and to provide for the enjoyment of those parks and areas by current and future residents of this state. (d) Providing diverse and equitable opportunities for residents of this state to experience nature and to participate in outdoor recreational activities in state, regional, local or neighborhood public parks and recreation areas.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.137. State Parks and Recreation Department Operating Fund. (1) There is established in the State Parks and Recreation Department a revolving fund known as the State Parks and Recreation Department Operating Fund. Moneys shall be transferred from the State Parks and Recreation Department Fund to the State Parks and Recreation Department Operating Fund as needed. (2) Parks Donation Trust Fund moneys shall be transferred to the State Parks and Recreation Department Operating Fund for disbursement for purposes stated in ORS 390.153 (2). (3) Disbursements may be made by check of the department upon the State Treasurer signed by such officer or administrative head as the State Parks and Recreation Director appoints for that purpose. Disbursements shall be made only in payment of claims authorized by law for the ordinary expenditures of the State Parks and Recreation Department incurred in the operation of the department or any of its divisions. The department shall keep accurate account of the funds. (4) Upon approval of the Oregon Department of Administrative Services and the State Treasurer, the State Parks and Recreation Department may contract to write checks upon the State Treasury to pay for claims and expenditures of the department.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.139. Oregon Adopt-a-Park Program; funding; rules; agreement with volunteers. (1) The State Parks and Recreation Department shall administer a program designed to allow volunteers to assist in the operation and maintenance of Oregons state parks. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteers in park operation and maintenance, assigning each volunteer to a specific state park. The program shall be called the Oregon Adopt-a-Park Program. (2) Private landowners with parks adjacent to their property are vital to the success of the Oregon Adopt-a-Park Program. The State Parks and Recreation Department shall ensure that participants in the program comply with requirements to obtain permission from landowners for access across private property if necessary to perform the volunteers duties. (3) Program funding is an authorized use of the State Parks and Recreation Department Fund under ORS 390.134. (4) The State Parks and Recreation Department may adopt any rules necessary for implementation of the Oregon Adopt-a-Park Program. (5) An agreement entered into between the State Parks and Recreation Department and a volunteer under subsection (1) of this section shall include but need not be limited to: (a) Identification of the designated state park. The volunteer may request a specific state park the volunteer wishes to adopt, but the assignment shall be at the discretion of the State Parks and Recreation Department. In assigning parks, the department shall coordinate and cooperate with affected federal, state and local management agencies and private landowners. (b) Specification of the duties of the volunteer. (c) Specification of the responsibilities of the volunteer. The volunteer shall agree to abide by all rules related to the program that are adopted by the State Parks and Recreation Department. (d) Specification of the duration of the agreement. The volunteer shall contract to care for the designated state park for one year. (6) The State Parks and Recreation Department shall create a recognition program to acknowledge the efforts of volunteers, agencies and businesses that participate in the Oregon Adopt-a-Park Program. (7) The State Parks and Recreation Department may provide trash bags, supplies, equipment and safety information and assistance to the participating volunteers. (8) As used in this section, volunteer may include an individual, a group of individuals, a volunteer group or service club, or any entity that is tax exempt under section 501(c)(3) of the Internal Revenue Code, as amended.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.140. Powers and duties of State Parks and Recreation Director. (1) Under the direction of the State Parks and Recreation Commission, the State Parks and Recreation Director shall: (a) Study and appraise the recreation needs of this state and assemble and disseminate information relative to recreation, considering both tourist and local needs. (b) Investigate the recreation facilities, personnel, activities and programs existing or needed in the various areas in this state and, by consultation with the appropriate public or private authorities in such areas, assist in the development and coordination of recreation facilities, activities and programs. (c) Advise, cooperate with and encourage counties, cities, districts and other local agencies, areas and communities interested in the development and use of recreation facilities, activities and programs for the public benefit. (d) Recommend and promote standards for recreation facilities, personnel, activities and programs. (e) Aid in recruiting, training and placing recreation personnel. (f) Promote recreation institutes and conferences. (2) Under the direction of the commission, the State Parks and Recreation Director may: (a) Encourage and render assistance in the promotion of training programs for volunteer and professional recreation leaders in cooperation with other public and private agencies, persons, groups, organizations and institutions interested in recreation, and encourage the establishment of standards for recreation personnel. (b) Assist any state agency in rendering recreation services and carrying out recreation functions in conformity with the authorized powers and duties of such state agency, and encourage and assist in the coordination of federal, state and local recreation facilities, personnel, activities and programs.