71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. HB 3961
 
LC 4191/HB 3961-A6
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3961
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             July 4
 
  On page 1 of the printed A-engrossed bill, line 2, after '
taxation' insert '; creating new provisions; and amending ORS
471.810'.
  Delete lines 5 through 11 and insert:
  '  { +  SECTION 2. + } (1) As used in this section, 'qualified
marketing activity' means marketing activity:
  ' (a) That promotes the sale of wine or wine products;
  ' (b) That does not promote specific brands of wine or wine
products or exclusively promote the products of any particular
winery; and
  ' (c) That has been approved by the Wine Advisory Board.
  ' (2) A credit against the privilege tax otherwise due under
ORS 473.030 (2) is allowed to a manufacturer or importing
distributor of wine for the qualified marketing activity
expenditures made by the manufacturer or importing distributor in
the calendar year prior to the year for which the credit is
claimed.'.
  In line 12, after 'be' insert '28 percent of'.
  In line 14, after 'manufacturer' insert 'or importing
distributor'.
  In line 20, after 'ufacturer' insert 'or importing
distributor'.
  In line 22, after 'manufacturer' insert 'or importing
distributor'.
  In line 23, after 'manufacturer's' insert 'or importing
distributor's'.
  On page 2, after line 2, insert:
  ' (7) The Wine Advisory Board shall by rule further define,
consistent with the definition in subsection (1) of this section,
the marketing activities that constitute qualified marketing
activity.'.
  After line 4, insert:
  '  { +  SECTION 4. + } ORS 471.810 is amended to read:
  ' 471.810. (1) At the end of each month, the Oregon Liquor
Control Commission shall certify the amount of   { - money - }
 { + moneys + } available for distribution in the Oregon Liquor
Control Commission Account, and after withholding such
 { - money - }   { + moneys + } as it may deem necessary to pay
its outstanding obligations shall within 35 days of the month for
which a distribution is made direct the State Treasurer to pay
the amounts due, upon warrants drawn by the Oregon Department of
Administrative Services, as follows:
  ' (a) Fifty-six percent, or the amount remaining after the
distribution under subsection   { - (3) - }   { + (4) + } of this
section, credited to the General Fund available for general
governmental purposes wherein it shall be considered as revenue
during the quarter immediately preceding receipt;
  ' (b) Twenty percent to the cities of the state in such shares
as the population of each city bears to the population of the
cities of the state, as determined by the State Board of Higher
Education last preceding such apportionment, under ORS 190.510 to
190.610;
  ' (c) Ten percent to counties in such shares as their
respective populations bear to the total population of the state,
as estimated from time to time by the State Board of Higher
Education; and
  ' (d) Fourteen percent to the cities of the state to be
distributed as provided in ORS 221.770 and this section.
  ' (2) The commission shall direct the Oregon Department of
Administrative Services to transfer 50 percent of the revenues
from the taxes imposed by ORS 473.030, 473.035 and 473.040 to the
Mental Health Alcoholism and Drug Services Account in the General
Fund to be paid monthly as provided in ORS 430.380.
  '  { +  (3) If the amount of revenues received from the taxes
imposed by ORS 473.030 for the preceding month were reduced as a
result of credits claimed under section 2 of this 2001 Act, the
commission shall compute the difference between the amounts paid
or transferred as described in subsections (1)(b), (c) and (d)
and (2) of this section and the amounts that would have been paid
or transferred under subsections (1)(b), (c) and (d) and (2) of
this section if no credits had been claimed. The commission shall
direct the Oregon Department of Administrative Services to pay or
transfer amounts equal to the differences computed for
subsections (1)(b), (c) and (d) and (2) of this section from the
General Fund to the recipients or accounts described in
subsections (1)(b), (c) and (d) and (2) of this section. + }
  '  { - (3) - }   { + (4) + } Notwithstanding subsection (1) of
this section, no city or county shall receive for any fiscal year
an amount less than the amount distributed to the city or county
in accordance with ORS 471.350 (1965 Replacement Part), 471.810,
473.190 and 473.210 (1965 Replacement Part) during the 1966-1967
fiscal year unless the city or county had a decline in population
as shown by its census. If the population declined, the per
capita distribution to the city or county shall be not less than
the total per capita distribution during the 1966-1967 fiscal
year.  Any additional funds required to maintain the level of
distribution under this subsection shall be paid from funds
credited under subsection (1)(a) of this section.'.
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