Chapter 988 Oregon Laws 2001
AN ACT
SB 5533
Relating to lottery funds;
limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Effective July 1, 2001, and thereafter
during the 2001-2003 biennium, all lottery revenues available to benefit the
public purposes specified in section 4, Article XV, Oregon Constitution, that
are in excess of distributions or allocations required by law shall be
maintained in the Administrative Services Economic Development Fund.
SECTION 2.
All moneys in the Administrative
Services Economic Development Fund as of July 1, 2001, and thereafter shall be
reserved to meet the commitments of this 2001 Act.
SECTION 3.
The allocation of the Administrative
Services Economic Development Fund made by this 2001 Act shall supersede,
replace and be in lieu of any allocation of such funds in prior years.
ALLOCATIONS
SECTION 4.
There is allocated, from the
Administrative Services Economic Development Fund to the Economic and Community
Development Department, the following amounts for the following purposes:
(1) Administration of department
and community
development
programs............................... $ 16,772,892
(2) Oregon Community
Development
Fund............... $ 42,006,720
(3) Oregon Film and
Video Office.......................... $ 972,508
(4) Oregon Tourism
Commission.......................... $ 6,406,994
(5) Payment on infrastructure/
drinking water
bonds.......... $ 19,380,778
SECTION 5.
There is allocated, from the
Administrative Services Economic Development Fund, to the Department of
Education, for the State School Fund, the amount of $288,417,086.
SECTION 6.
There is allocated, from the
Administrative Services Economic Development Fund, to the Department of
Transportation, the following amount for the following purpose:
For the revenues required
to
pay the Westside
lottery bonds
and any bonds issued to
refund
the Westside lottery
bonds, to
fund reserves for any
of those
bonds and to pay
related costs
of the Department of
Transportation.............................. $ 19,994,850
SECTION 7.
(1) The Legislative Assembly finds that
the emotional and behavioral problems related to gambling may impose additional
costs on state government and on the state economy, such as additional mental
health expenditures, increased law enforcement costs and lost economic output. The
use of a portion of the net proceeds from lottery games to pay the costs of
preventing and treating emotional and behavioral problems related to gambling
promotes the creation of jobs and this state's economic development by
offsetting and treating the negative economic consequences of such behavior.
(2) In each fiscal
quarter, beginning July 1, 2001, there is allocated from the Administrative
Services Economic Development Fund to the Problem Gaming Treatment Fund, an
amount equal to one percent of the moneys transferred from the State Lottery
Fund to the Administrative Services Economic Development Fund during that
fiscal quarter.
(3) There is allocated,
from the Problem Gambling Treatment Fund, to the Department of Human Services,
for distribution to counties for treatment of gambling addiction, the amount of
$6,613,846.
SECTION 8.
There is allocated, from the
Administrative Services Economic Development Fund, to the Oregon State Fair,
for the support of Oregon State Fair facilities bonds, the amount of
$3,170,828.
SECTION 9.
There is allocated, from the
Administrative Services Economic Development Fund, to the Department of
Education, for the Lottery Bond Fund for the purpose of paying, when due, the
principal, interest and premium, if any, on outstanding lottery bonds, the amount
of $42,400,000.
SECTION 10.
There is allocated to the Lottery Bond
Fund for the biennium beginning July 1, 2001, out of the Oregon Education Fund,
the amount of $8,697,888 plus 100 percent of the interest earnings on the
Education Endowment Fund transferred to the Oregon Education Fund during the
biennium beginning July 1, 2001, for the purpose of cash flow and payment by
the Department of Education, when due, of the principal, interest and premium,
if any, on outstanding education lottery bonds.
SECTION 11.
There is allocated from the
Administrative Services Economic Development Fund, to the Housing and Community
Services Department, for the support of lottery bonds, the amount of
$2,492,073.
SECTION 12.
There is allocated from the
Administrative Services Economic Development Fund to the Department of
Environmental Quality, for the support of lottery bonds, the amount of
$305,510.
SECTION 13.
There is allocated, from the
Administrative Services Economic Development Fund, to the Department of
Transportation, the amount of $18,654, for the biennium beginning July 1, 2001,
for the purpose of paying debt service costs of lottery bonds issued to finance
the South Metro Commuter Rail Project.
SECTION 14.
There is allocated, from the
Administrative Services Economic Development Fund, to the Department of
Transportation, the amount of $186,541, for the biennium beginning July 1,
2001, for the purpose of paying debt service costs of lottery bonds issued to
finance short line railroad infrastructure assistance.
SECTION 15.
Notwithstanding any other law limiting
expenditures, the amount of $51,992 is established for the biennium beginning
July 1, 2001, as the maximum limit for payment of expenses by the Department of
Transportation from lottery bond proceeds for the issuance costs of lottery
bonds issued during the biennium beginning July 1, 2001, to finance short line
railroad infrastructure assistance.
SECTION 16.
Notwithstanding any other law, the
limitation on expenditures established by section 2, chapter 128, Oregon Laws
2001 (Enrolled House Bill 5017), for the biennium beginning July 1, 2001, as
the maximum limit for payment of expenses from lottery moneys allocated from
the Administrative Services Economic Development Fund to the Oregon State Fair
and Exposition Center for debt service on lottery bonds for Oregon State Fair
facilities bonds is increased by $926,616.
SECTION 17.
Notwithstanding any other law limiting
expenditures, the amount of $212,800 is established for the biennium beginning
July 1, 2001, as the maximum limit for payment of expenses by the Oregon State
Fair and Exposition Center from lottery bond proceeds for the issuance costs of
lottery bonds issued during the biennium beginning July 1, 2001, to finance
Oregon State Fair facilities improvements.
SECTION 18.
There is allocated, from the
Administrative Services Economic Development Fund, to the State Department of
Agriculture, the amount of $3,100,000, for the biennium beginning July 1, 2001,
for the purpose of supporting county fairs in this state. Funds allocated under
this section shall be deposited in the County Fair Account established by ORS
565.445.
NOTE: The
Governor line-item vetoed section 18. (See section 15a, Article V, Oregon
Constitution.)
SECTION 19.
Notwithstanding any other law, the
amount of $3,100,000 is established for the biennium beginning July 1, 2001, as
the maximum limit for payment of expenses from moneys allocated from the
Administrative Services Economic Development Fund to the State Department of
Agriculture for deposit in the County Fair Account established by ORS 565.445
to support county fairs.
SECTION 20.
There is allocated from the
Administrative Services Economic Development Fund to the Oregon Department of
Administrative Services the amount of $534,003 for the biennium beginning July
1, 2001, for the purpose of paying debt service costs of lottery bonds issued
to finance equipment modernization for public broadcasting in Oregon.
SECTION 21.
Notwithstanding any other law, the
amount of $534,003 is established for the biennium beginning July 1, 2001, as
the maximum limit for the payment of expenses from the Administrative Services
Economic Development Fund to the Oregon Department of Administrative Services
for the purpose of paying debt service costs of lottery bonds issued to finance
equipment modernization for public broadcasting in Oregon.
SECTION 22.
Notwithstanding any other law limiting
expenditures, the amount of $198,954 is established for the biennium beginning
July 1, 2001, as the maximum limit for payment of expenses by the Oregon
Department of Administrative Services from the Public Broadcasting in Oregon
Lottery Project Fund established by chapter 942, Oregon Laws 2001 (Enrolled
House Bill 2275), for the issuance costs of lottery bonds issued during the
biennium beginning July 1, 2001, to finance equipment modernization for public
broadcasting in Oregon.
SECTION 23.
During the biennium beginning July 1,
2001, the Oregon Department of Administrative Services shall transfer to Oregon
Public Broadcasting Corporation $7,000,000 of the proceeds of lottery bonds
issued to finance modernization of equipment for public broadcasting in Oregon
from the Public Broadcasting in Oregon Lottery Project Fund.
SECTION 24.
During the biennium beginning July 1,
2001, the Oregon Department of Administrative Services shall transfer to
Southern Oregon Public Television Corporation $1,000,000 of the proceeds of
lottery bonds issued to finance modernization of equipment for public
broadcasting in Oregon from the Public Broadcasting in Oregon Lottery Project
Fund.
SECTION 25.
Notwithstanding any other law, the
amount of $7,000,000 is established for the biennium beginning July 1, 2001, as
the maximum limit for payment of expenses from fees, moneys or other revenues,
including Miscellaneous Receipts, but excluding lottery funds and other federal
funds, collected or received by Oregon Public Broadcasting Corporation.
SECTION 26.
Notwithstanding any other law, the
amount of $1,000,000 is established for the biennium beginning July 1, 2001, as
the maximum limit for payment of expenses from fees, moneys or other revenues,
including Miscellaneous Receipts, but excluding lottery funds and other federal
funds, collected or received by the Oregon Department of Administrative
Services for transfer to Southern Oregon Public Television Corporation.
SECTION 27.
There is allocated to the Department of
Higher Education from the Administrative Services Economic Development Fund the
amount of $838,570, for the biennium beginning July 1, 2001, for debt service
costs of outstanding lottery bonds issued to finance facilities construction.
SECTION 28.
Notwithstanding any other law, the
limitation on expenditures established by section 2, chapter 771, Oregon Laws
2001 (Enrolled Senate Bill 5510), is adjusted as follows:
(1) Administration of department
and community
development
programs
(program
services)................................. $ +1,000,000
(2) Oregon Community
Development Program........ $ +3,597,343
SECTION 29.
Notwithstanding any other law, the
limitation on expenditures established by section 3, chapter 771, Oregon Laws
2001 (Enrolled Senate Bill 5510), is adjusted as follows:
(1) Administration of department
and community
development
programs (program
services)................................. $ -1,000,000
(2) Oregon Community
Development Program........ $ +9,621,960
(3) Pass-through (debt service
on lottery
bonds).................. $ -8,576,505
SECTION 30.
Notwithstanding any other law, the
limitation on expenditures established by section 2, chapter 846, Oregon Laws
2001 (Enrolled House Bill 5526), for the biennium beginning July 1, 2001, as
the maximum limit for payment of expenses from lottery moneys allocated from
the Administrative Services Economic Development Fund to the Housing and
Community Services Department for lottery bonds is decreased by $163,948.
DISAPPROPRIATION
SECTION 31.
On July 1, 2001, the allocation made for
the 1993-1995 biennium from the Administrative Services Economic Development
Fund by section 7, chapter 537, Oregon Laws 1993, as amended by section 133b,
chapter 765, Oregon Laws 1993, to the Department of Human Services for Type B
hospitals, is reduced by $714,314 and such amount is transferred to the
Administrative Services Economic Development Fund.
ADJUSTMENTS
SECTION 32.
(1) The Oregon Department of
Administrative Services shall establish by rule a process for allocating
available moneys in the Administrative Services Economic Development Fund on a
quarterly basis to fulfill the biennial allocations made in this 2001 Act. All
quarterly allocations shall be set by the Oregon Department of Administrative
Services.
(2) If, in any quarter,
the moneys transferred from the State Lottery Fund to the Administrative
Services Economic Development Fund are insufficient to pay for the quarterly
allocations established under this 2001 Act, the Oregon Department of
Administrative Services:
(a) Shall satisfy the
debt service obligations for Westside Light Rail in the amount of $19,994,850
prior to making any other allocations in this 2001 Act.
(b) Subject to paragraph
(a) of this subsection, prior to making any other allocations in this 2001 Act,
shall satisfy the debt services obligations for the following amounts and the
following purposes:
(A) Oregon State Fair and
Exposition Center, $3,170,828.
(B) Economic and
Community Development Department, $19,380,778.
(C) Department of
Education, $42,400,000.
(D) Department of
Environmental Quality, $305,510.
(E) Housing and
Community Services Department, $2,492,073.
(F) Oregon Department of
Administrative Services, $534,003.
(G) Oregon University
System, $838,570.
(H) Department of
Transportation Short Rail, $186,541.
(I) Department of
Transportation Commuter Rail, $18,654.
(3) After the debt
service obligations described in subsection (2) of this section are satisfied,
if the remaining moneys transferred from the State Lottery Fund to the
Administrative Services Economic Development Fund are insufficient to pay for
the quarterly allocations established under this 2001 Act, these allocations
shall be reduced proportionately in sufficient amounts to accommodate the
revenue shortfall.
SECTION 33.
The unit captions used in this 2001 Act
are provided only for the convenience of the reader and do not become part of
the statutory law of this state or express any legislative intent in the
enactment of this 2001 Act.
SECTION 34.
Notwithstanding any other law, all
sections of this 2001 Act are subject to Oregon Department of Administrative
Services rules related to allotting, controlling, and encumbering funds.
SECTION 35.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect July 1, 2001.
Approved by the Governor
August 17, 2001
Section 18 vetoed by the
Governor
Filed in the office of
Secretary of State August 17, 2001
Effective date August 17,
2001
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