Chapter 732 Oregon Laws 2003

AN ACT

HB 5067

Relating to state financial administration; limiting expenditures; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. During the biennium beginning July 1, 2003, 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, 2003, and thereafter are reserved to meet the commitments of this 2003 Act.

SECTION 3. There are allocated for the biennium beginning July 1, 2003, 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............................................ $ 15,566,136

(2) Oregon Community

Development Fund............................ $ 22,384,473

(3) Oregon Film and Video Office.......... $ 821,880

(4) Oregon Tourism Commission........... $ 4,037,985

(5) Payment on lottery revenue

bonds.................................................. $ 34,578,491

SECTION 4. There is allocated for the biennium beginning July 1, 2003, from the Administrative Services Economic Development Fund, to the Department of Education, for the State School Fund, the amount of $263,100,536.

SECTION 5. There is allocated for the biennium beginning July 1, 2003, from the Administrative Services Economic Development Fund, to the Department of Transportation, the amount of $21,145,408 for lottery bonds for rail projects and rail infrastructure assistance and any bonds issued to refund such lottery bonds, to fund reserves for any of those bonds and to pay related costs of the department.

SECTION 6. Notwithstanding ORS 461.549, there is allocated for the biennium beginning July 1, 2003, from the Problem Gambling Treatment Fund, to the Department of Human Services, for distribution to counties for treatment of gambling addiction, the amount of $5,600,000.

SECTION 7. There is allocated for the biennium beginning July 1, 2003, from the Administrative Services Economic Development Fund, to the Oregon State Fair and Exposition Center, for Oregon State Fair facilities bonds, the amount of $3,706,262.

SECTION 8. There is allocated for the biennium beginning July 1, 2003, 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 education lottery bonds, the amount of $53,300,000.

SECTION 9. There is transferred to the Lottery Bond Fund for the biennium beginning July 1, 2003, out of the Oregon Education Fund, 100 percent of the interest earnings on the Education Stability Fund transferred to the Oregon Education Fund during the biennium beginning July 1, 2003, 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 10. There is allocated for the biennium beginning July 1, 2003, from the Administrative Services Economic Development Fund, to the Housing and Community Services Department, for lottery bonds, the amount of $4,455,289.

SECTION 11. There is allocated for the biennium beginning July 1, 2003, from the Administrative Services Economic Development Fund, to the Oregon Department of Administrative Services, for transfer to the State Department of Agriculture, for lottery bonds, the amount of $34,000 for the purpose of supporting the administration of county fairs in this state. Funds allocated under this section shall be deposited in the County Fair Account established under ORS 565.445.

SECTION 12. Notwithstanding ORS 565.447, there is allocated for the biennium beginning July 1, 2003, from the Administrative Services Economic Development Fund, to the Oregon Department of Administrative Services, the amount of $2,530,173 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.

SECTION 13. There is allocated for the biennium beginning July 1, 2003, from the Administrative Services Economic Development Fund to the Oregon Department of Administrative Services, the amount of $1,611,864 for the purpose of paying debt service costs of lottery bonds issued to finance equipment modernization for public broadcasting in Oregon.

SECTION 14. There is allocated for the biennium beginning July 1, 2003, from the Administrative Services Economic Development Fund to the Department of Higher Education, the amount of $3,121,517 for debt service costs of outstanding lottery bonds issued to finance facilities construction.

SECTION 15. If Senate Bill 467 becomes law, there is allocated for the biennium beginning July 1, 2003, from the Administrative Services Economic Development Fund to the office of the Governor, the amount of $610,000 for expenses of the Economic Revitalization Team established in section 4, chapter [At Desk upon adjournment], Oregon Laws 2003 (Enrolled Senate Bill 467).

SECTION 16. There is allocated for the biennium beginning July 1, 2003, to the Department of Higher Education an amount equal to the net proceeds of sports-related lottery games as provided in ORS 461.543 (4).

SECTION 17. There is allocated for the biennium beginning July 1, 2003, from the Administrative Services Economic Development Fund to the Oregon Department of Administrative Services, the amount of $25,359,887 for distribution to counties for economic development as provided by ORS 461.547.

SECTION 18. (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 2003 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 made in this 2003 Act, the Oregon Department of Administrative Services:

(a) Shall satisfy the debt service obligations for Westside Light Rail in the amount of $19,928,618 prior to making any other allocations pursuant to this 2003 Act.

(b) Subject to paragraph (a) of this subsection, prior to making any other allocations pursuant to this 2003 Act, shall satisfy debt service obligations in the following amounts:

(A) Oregon State Fair and

Exposition Center.............................. $ 3,706,262

(B) Economic and Community

Development Department................ $ 34,578,491

(C) Department of Education.................. $ 53,300,000

(D) Housing and Community Services

Department........................................ $ 4,455,289

(E) Oregon Department of

Administrative Services.................... $ 1,611,864

(F) Department of Higher

Education........................................... $ 3,121,517

(G) Department of Transportation

for rail and infrastructure

projects.............................................. $ 21,145,408

(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 made in this 2003 Act, these allocations shall be reduced proportionately in sufficient amounts to accommodate the revenue shortfall.

SECTION 19. Notwithstanding any other law limiting expenditures of lottery moneys for the payment of expenses of the Oregon State Fair and Exposition Center, for the biennium beginning July 1, 2003, the limitation on expenditures for the 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 established by section 3, chapter 437, Oregon Laws 2003 (Enrolled Senate Bill 5520), is decreased by $194,687.

SECTION 20. Notwithstanding any other law limiting expenditures of the Economic and Community Development Department for the payment of debt service from lottery moneys allocated from the Administrative Services Economic Development Fund, for the biennium beginning July 1, 2003, the limitation on expenditures for the department for the debt service on lottery bonds for small port projects and channel deepening authorized under section 1 (5), chapter [In committee upon adjournment], Oregon Laws 2003 (Enrolled Senate Bill 890), and ORS 285B.551 (5) and lottery bonds issued for channel deepening under ORS 285B.551 (3) and section 6, chapter 942, Oregon Laws 2001, from moneys allocated from the Administrative Services Economic Development Fund by section 3 (5), chapter 722, Oregon Laws 2003 (Enrolled House Bill 5013), is increased by $3,605,190.

SECTION 21. Notwithstanding any other law limiting expenditures of the Department of Higher Education for the payment of expenses of the department from lottery moneys allocated from the Sports Lottery Account, for the biennium beginning July 1, 2003, the limitation on expenditures for the department established by section 3, chapter [In committee upon adjournment], Oregon Laws 2003 (Enrolled House Bill 5021), is increased by $388.

SECTION 22. Notwithstanding any other law limiting expenditures of the Department of Higher Education for the payment of expenses by the department from lottery moneys allocated from the Administrative Services Economic Development Fund for debt service on outstanding lottery bonds, for the biennium beginning July 1, 2003, the limitation on expenditures for the department established by section 4, chapter [In committee upon adjournment], Oregon Laws 2003 (Enrolled House Bill 5021), is decreased by $43,233.

SECTION 23. Notwithstanding any other law limiting expenditures of the Housing and Community Services Department for the payment of expenses by the department from lottery moneys allocated from the Administrative Services Economic Development Fund to the department for lottery bonds, for the biennium beginning July 1, 2003, the limitation on expenditures for the department established by section 3, chapter 679, Oregon Laws 2003 (Enrolled House Bill 5029), is decreased by $552,366.

SECTION 24. Notwithstanding any other law limiting expenditures, the amount of $2,530,173 is established for the biennium beginning July 1, 2003, as the maximum limit for payment of expenses to support the county fairs in this state from lottery moneys allocated from the Administrative Services Economic Development Fund to the Oregon Department of Administrative Services that are deposited in the County Fair Account established under ORS 565.445.

SECTION 25. Notwithstanding any other law limiting expenditures, the amount of $610,000 is established for the biennium beginning July 1, 2003, as the maximum limit for payment of expenses of the Economic Revitalization Team established in section 4, chapter [At Desk upon adjournment], Oregon Laws 2003 (Enrolled Senate Bill 467), from lottery moneys allocated to the office of the Governor from the Administrative Services Economic Development Fund.

SECTION 26. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.

Approved by the Governor August 29, 2003

Filed in the office of Secretary of State September 2, 2003

Effective date August 29, 2003

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