71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2923
LC 1714/HB 2923-16
HOUSE AMENDMENTS TO
HOUSE BILL 2923
By JOINT COMMITTEE ON WAYS AND MEANS
June 21
On page 1 of the printed bill, line 2, delete '285A.216 and'
and insert '270.150, 273.384, 285A.216, 293.701, 426.506 and
427.340'.
In line 3, delete '293.701'.
After line 17, insert:
' Whereas it is the intention of the Legislative Assembly that
moneys received through the Trust for Cultural Development
Account may not be used to furnish, show, exhibit or display an
item that would otherwise be considered obscene and unseemly or
the furnishing, showing, exhibiting or displaying of which is
unlawful; and'.
On page 2, line 37, after the period insert 'In addition to the
members appointed by the Governor, the Secretary of State shall
be a member of the board and shall be the chairperson of the
board.'.
In line 41, after 'each' insert 'appointed'.
On page 3, delete lines 12 through 16 and insert:
' { + SECTION 6. + } (1) A majority of the members of the
Trust for Cultural Development Board constitutes a quorum for the
transaction of business.'.
In line 17, delete '(3)' and insert '(2)'.
In line 20, delete '(4)' and insert '(3)'.
On page 7, after line 9, insert:
' { + SECTION 19a. + } { + Notwithstanding section 19 of
this 2001 Act, for a tax year beginning on or after January 1,
2002, and before January 1, 2003, a credit may be allowed under
section 18 of this 2001 Act only if the contribution on which the
credit is based is made on or after December 1, 2002. + } ' .
Delete lines 12 through 45 and insert:
' { + SECTION 21. + } { + (1) The Department of
Transportation shall establish a cultural registration plate
program to issue special registration plates called 'cultural
registration plates' upon request to owners of motor homes,
travel trailers and motor vehicles registered under the
provisions of ORS 803.420 (1) to observe the importance of
culture to Oregon. In addition, the department may adopt rules
for issuance of cultural registration plates for vehicles not
registered under the provisions of ORS 803.420 (1).
' (2) In addition to any other fee authorized by law, for each
cultural registration plate issued under subsection (1) of this
section, the department shall collect a surcharge of $15 payable
when the plate is issued and upon each subsequent renewal of
registration of a vehicle bearing the plate. The department shall
distribute the surcharge as provided in section 22 of this 2001
Act.
' (3) Notwithstanding ORS 803.530, cultural registration plates
may be transferred from vehicle to vehicle if the department
stops issuing the plates as long as the plates are not so old,
damaged, mutilated or otherwise rendered illegible as to be not
useful for purposes of identification.
' (4) The department, in consultation with the Trust for
Cultural Development Board, shall design the cultural
registration plates. The plates shall meet the requirements for
registration plates described in ORS 803.535. + }
' { + SECTION 22. + } { + (1) After deduction of the cost of
administration of the cultural registration plate program, moneys
from the surcharge imposed by section 21 of this 2001 Act shall
be transferred and appropriated to the Trust for Cultural
Development Account established under ORS 285A.216.
' (2) As used in this section, 'the cost of administration of
the cultural registration plate program' is the sum of all
Department of Transportation expenses for the issuance or
transfer of cultural registration plates under section 21 of this
2001 Act that are above the normal costs of issuing, renewing and
transferring registration plates in the normal course of the
business of the department. These expenses include, but are not
limited to, the costs of collecting the cultural registration
plate surcharge and transferring cultural registration
plates. + }
' { + SECTION 23. + } { + If House Bill 3882 becomes law:
' (1) If the Department of Transportation determines there are
sufficient moneys in the Department of Transportation Operating
Fund from taxes described in section 1 (2)(a), chapter ___,
Oregon Laws 2001 (Enrolled House Bill 3882), for the biennium
beginning July 1, 2001, the department may use up to $100,000
from the taxes described in section 1 (2)(a), chapter ___, Oregon
Laws 2001 (Enrolled House Bill 3882), that have been deposited in
the Department of Transportation Operating Fund, for the purpose
of initiating the cultural registration plate program established
in section 21 of this 2001 Act, including but not limited to
cultural registration plate design, computer programming and
cultural registration plate production setup.
' (2) Notwithstanding section 22 of this 2001 Act, after
deduction of the cost of administration of the cultural
registration plate program, the department shall transfer the
moneys from the surcharge imposed by section 21 of this 2001 Act
to an account in the General Fund until sufficient funds have
accumulated for the purpose of subsection (3) of this section.
' (3) When the department determines that moneys in sufficient
amount are available in the account described in subsection (2)
of this section, but in no event later than June 30, 2003, the
department shall reimburse the Department of Transportation
Operating Fund, without interest, in an amount equal to the
amount used by the department from the Department of
Transportation Operating Fund under subsection (1) of this
section. The moneys used to reimburse the Department of
Transportation Operating Fund under this subsection may not be
considered as a budget item on which a limitation is otherwise
fixed by law, but shall be in addition to any specific biennial
appropriations or amounts authorized to be expended from
continually appropriated moneys for any biennial period.
' (4) Any moneys remaining in the account described in
subsection (2) of this section after the reimbursement required
under subsection (3) of this section shall be transferred and
appropriated to the Trust for Cultural Development Account as
provided in section 22 of this 2001 Act. + } ' .
On page 8, delete lines 1 through 17.
In line 20, delete '$___ ' and insert '$100,000'.
On page 9, after line 12, insert:
' { + SECTION 26. + } { + (1) The Department of Corrections
shall work with the Oregon Department of Administrative Services
and other interested parties to develop a plan for the sale of
between 349 and 400 acres of the real property owned by the
Department of Corrections and described in the report 'Mill Creek
District: A Master Plan for the Corrections Farm Property, Salem,
Oregon, ' published June 30, 1999.
' (2) In addition to the real property identified under
subsection (1) of this section, the Department of Corrections
shall identify approximately 200 acres described in the report.
The real property identified under this subsection may be
retained by the Department of Corrections for the purpose of
leasing to or may be sold to the Department of Public Safety
Standards and Training.
' (3)(a) Prior to January 31, 2002, the Department of
Corrections shall report to the Emergency Board about the
progress in developing the plan and identifying the real property
described in subsections (1) and (2) of this section.
' (b) Prior to January 8, 2003, the Department of Corrections
shall report to the Emergency Board about the plan. The report
shall include a description of the real property identified for
sale under subsections (1) and (2) of this section.
' (c) After reporting to the Emergency Board, the Department of
Corrections shall:
' (A) Transfer the real property identified in subsection (1)
of this section to the Oregon Department of Administrative
Services to be sold for the benefit of the Trust for Cultural
Development Account established in ORS 285A.216;
' (B) Transfer any real property identified in subsection (2)
of this section that is to be sold to the Department of Public
Safety Standards and Training to the Oregon Department of
Administrative Services to be sold and the proceeds distributed
as provided in subsection (4)(d) of this section; and
' (C) Transfer any real property identified in subsection (2)
of this section that is not retained to be leased to or that will
not be sold to the Department of Public Safety Standards and
Training to the Oregon Department of Administrative Services to
be sold and the proceeds distributed as provided in subsection
(4)(d) of this section.
' (4)(a) Notwithstanding ORS 270.100 to 270.190, the Oregon
Department of Administrative Services shall sell or otherwise
convey the real property transferred under subsection (3) of this
section in a manner consistent with the provisions of this
section. Conveyance may not include transfer to a state agency
except as provided in this section. The Oregon Department of
Administrative Services shall engage the services of a licensed
real estate broker or real estate organization to facilitate the
sale of the real property.
' (b)(A) The sale price of the real property transferred under
subsection (3)(c)(A) or (C) of this section shall equal or exceed
the fair market value of the real property.
' (B) The sale price of the real property transferred under
subsection (3)(c)(B) of this section shall be determined by the
Oregon Department of Administrative Services.
' (c) The Oregon Department of Administrative Services may sell
any portion of the approximately 200 acres of the real property
identified in subsection (2) of this section to the Department of
Public Safety Standards and Training for the purpose of siting a
law enforcement training facility.
' (d) The Oregon Department of Administrative Services shall
retain from the sale or other conveyance of the real property
under this subsection those costs incurred by the state in
selling or conveying the real property, including costs incurred
by the Department of Corrections in transferring the real
property to the Oregon Department of Administrative Services and
costs incurred by the Oregon Department of Administrative
Services in selling any portion of the real property to the
Department of Public Safety Standards and Training. The remaining
proceeds from the sale shall be transferred as follows:
' (A) 100 percent of the remaining proceeds from the sale of
the real property identified in subsection (1) of this section to
the Trust for Cultural Development Account;
' (B) 50 percent of the remaining proceeds from the sale of the
real property identified in subsection (2) of this section to the
Trust for Cultural Development Account; and
' (C) 50 percent of the remaining proceeds from the sale of the
real property identified in subsection (2) of this section to the
Department of Corrections to be used for capital improvement and
capital construction projects. + }
' { + SECTION 27. + } ORS 273.384 is amended to read:
' 273.384. (1) The Space Age Industrial Park shall be managed
and administered by the Director of the Oregon Department of
Administrative Services.
' (2) Notwithstanding the provisions of any law, all net income
and other net proceeds derived from the rental, lease, sale,
disposition or use of the Space Age Industrial Park (after
payment of all costs and expenses incident to the maintenance and
administration of the Space Age Industrial Park and costs
incident to any sale or other disposition thereof) shall be
deposited in the State Treasury and credited to the { - General
Fund to be available for general governmental expenses - } { +
Trust for Cultural Development Account established in ORS
285A.216 + }.
' { + SECTION 28. + } { + If the Space Age Industrial Park
is sold and more than $1 million from the proceeds of the sale is
deposited in the Trust for Cultural Development Account prior to
January 5, 2003, there is allocated to the Emergency Board, for
the biennium beginning July 1, 2001, out of the Trust for
Cultural Development Account, the amount of $1 million, which may
be allocated by the Emergency Board for specified uses in Morrow
County. + }
' { + SECTION 29. + } ORS 270.150 is amended to read:
' 270.150. (1) The proceeds, less costs, of any real property
sold by the Oregon Department of Administrative Services under
ORS 270.100, 270.110 and 270.130 { - shall - } { + may + } be
credited to and deposited in the Capital Projects Fund
established by ORS 276.005 { + or the Trust for Cultural
Development Account established in ORS 285A.216 + }.
' { + (2) The proceeds of any real property sold by a state
agency under ORS 270.100 and 270.110 may be credited to and
deposited in the Trust for Cultural Development Account. If the
proceeds are credited to and deposited in the account, a state
agency may retain from the proceeds the costs of selling the real
property and the amount originally paid by the state agency when
the state agency acquired the real property. + }
' { - (2) - } { + (3) + } The revenue from the rental or
lease of surplus real property managed by the department shall be
deposited in the State Treasury to the credit of the operating
fund established by ORS 283.076.
' { - (3) - } { + (4) + } Notwithstanding the provisions of
subsection (1) { + or (2) + } of this section, an agency may
negotiate with the department to apply the proceeds of a sale,
transfer or lease of such surplus real property to another
capital acquisition of that agency.
' { + SECTION 30. + } { + The amendments to ORS 270.150 by
section 29 of this 2001 Act first apply to real property sold on
or after the effective date of this 2001 Act. + }
' { + SECTION 31. + } ORS 426.506 is amended to read:
' 426.506. (1) There is created in the State Treasury, separate
and distinct from the General Fund, the Community Mental Health
Housing Fund. All earnings on investments of moneys in the
Community Mental Health Housing Fund shall accrue to the fund.
Interest earned on moneys in the fund shall be credited to the
fund. All moneys in the fund are continuously appropriated to the
Mental Health and Developmental Disability Services Division to
carry out the provisions of ORS 426.504.
' (2) The Community Mental Health Housing Fund shall be
administered by the division to provide housing for chronically
mentally ill persons. As used in this subsection, 'housing' may
include acquisition, maintenance, repair, furnishings and
equipment.
' (3)(a) There is established within the Community Mental
Health Housing Fund a Community Housing Trust Account.
Notwithstanding the provisions of ORS 270.150 { - (1) and
(3) - } , the division shall deposit into the account the
proceeds, less costs to the state, received by the division from
the sale of F. H. Dammasch State Hospital property under ORS
426.508. The division may expend, for the purposes set forth in
ORS 426.504, any earnings credited to the account, including any
interest earned on moneys deposited in the account, and up to
five percent of the sale proceeds initially credited to the
account by the Oregon Department of Administrative Services. At
least 95 percent of the sale proceeds shall remain in the account
in perpetuity. Proceeds deposited in the account may not be
commingled with proceeds from the sale of any surplus real
property owned, operated or controlled by the division and used
as a state training center.
' (b) Interest earned on moneys in the Community Housing Trust
Account may be expended in the following manner:
' (A) Seventy percent of interest earned on deposits in the
account shall be expended for community housing purposes; and
' (B) Thirty percent of interest earned on deposits in the
account shall be expended for institutional housing purposes.
' (c) Interest earned on deposits in the account shall not be
used to support operating expenses of the division.
' (4) The Community Mental Health Housing Fund shall consist
of:
' (a) Moneys appropriated to the fund by the Legislative
Assembly;
' (b) Sale proceeds and earnings from the account under
subsection (3) of this section;
' (c) Proceeds from the sale, transfer or lease of any surplus
real property owned, operated or controlled by the division and
used as community housing;
' (d) Moneys reallocated from other areas of the division's
budget;
' (e) Interest and earnings credited to the fund; and
' (f) Gifts of money or other property from any source, to be
used for the purposes of developing housing for chronically
mentally ill persons.
' (5) The division shall adopt policies:
' (a) To establish priorities for the use of moneys in the
Community Mental Health Housing Fund for the sole purpose of
developing housing for chronically mentally ill persons;
' (b) To match public and private moneys available from other
sources for developing housing for chronically mentally ill
persons; and
' (c) To administer the fund in a manner that will not exceed
the State Treasury's maximum cost per transaction.
' (6) The division shall collaborate with the Housing and
Community Services Department to ensure the highest return and
best value for community housing from the Community Mental Health
Housing Fund.
' (7) The division shall provide a report of revenues to and
expenditures from the Community Mental Health Housing Fund as
part of its budget submission to the Governor and Legislative
Assembly under ORS chapter 291.
' { + SECTION 32. + } ORS 427.340 is amended to read:
' 427.340. (1) There is established a Developmental
Disabilities Community Housing Fund in the State Treasury,
separate and distinct from the General Fund. All moneys in the
fund are continuously appropriated to the Mental Health and
Developmental Disability Services Division to pay expenses
incurred by the division in carrying out the provisions of ORS
427.330 and 427.335. Interest earned on moneys in the fund shall
be credited to the fund.
' (2) There is established within the fund a Community Housing
Trust Account. Notwithstanding the provisions of ORS 270.150
{ - (1) and (3) - } , the division shall negotiate with the
Oregon Department of Administrative Services to apply the
proceeds from the sale, transfer or lease of any surplus real
property owned, operated or controlled by the division and used
as a state training center to the account. The division may
expend, for the purposes of ORS 427.330 to 427.345, any earnings
credited to the account, including any income from the lease of
surplus property and any interest earned on moneys deposited in
the account, and up to five percent of any sale or transfer
proceeds initially credited to the account by the Oregon
Department of Administrative Services. At least 95 percent of all
sale or transfer proceeds shall remain in the account in
perpetuity.
' (3) The fund shall consist of:
' (a) Moneys appropriated to the fund by the Legislative
Assembly;
' (b) Repayment of financial assistance provided to housing
providers or care providers for community housing under ORS
427.335 (3);
' (c) Proceeds from the account under subsection (2) of this
section;
' (d) Moneys reallocated from other areas of the division's
budget; and
' (e) Interest credited to the fund.
' (4) The division shall provide a report of revenues to and
expenditures from the fund as part of its budget submission to
the Governor and Legislative Assembly under ORS chapter 291.'.
In line 13, delete '26' and insert '33'.
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