Chapter 747 Oregon Laws 2003

AN ACT

HB 2532

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

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

SECTION 1. (1)(a) Notwithstanding any other law, the first $30,048,000 of revenue collected from cigarette taxes imposed under ORS 323.005 to 323.482 that exceeds the amount of revenue that was estimated in the June 2003 quarterly economic and revenue forecast issued by the Office of Economic Analysis to be collected from cigarette taxes for the biennium beginning July 1, 2003, adjusted as provided in section 3 of this 2003 Act, is exempt from the statutory distributions provided under ORS 323.455, section 3, chapter 385, Oregon Laws 1995, and section 2, chapter 2, Oregon Laws 2002 (third special session).

(b) Notwithstanding paragraph (a) of this subsection, the amount that is exempt from statutory distribution under paragraph (a) of this subsection shall be reduced by the amount of tobacco products tax revenue collections that is exempt from distribution under ORS 323.625 pursuant to section 2 (1) of this 2003 Act.

(2) The Department of Revenue shall transfer, at any time during the biennium, all or any portion of the amount of additional cigarette tax revenue described under subsection (1) of this section to the Department of Revenue Administration Account established by ORS 305.063 for purposes of administering Oregon tax and revenue laws.

SECTION 2. (1) Notwithstanding any other law, the first $10,000,000 of revenue collected from tobacco products taxes imposed under ORS 323.500 to 323.640 that exceeds the amount of revenue that was estimated in the June 2003 quarterly economic and revenue forecast issued by the Office of Economic Analysis to be collected from tobacco products taxes for the biennium beginning July 1, 2003, is exempt from the statutory distribution provided under ORS 323.625.

(2) The Department of Revenue shall transfer, at any time during the biennium, all or any portion of the amount of additional tobacco products tax revenue described under subsection (1) of this section to the Department of Revenue Administration Account established by ORS 305.063 for purposes of administering Oregon tax and revenue laws.

SECTION 3. If the tax of five mills on the distribution of cigarettes in this state occurring prior to January 1, 2004, that is imposed by section 3, chapter 385, Oregon Laws 1995, is extended to distributions of cigarettes that occur on or after January 1, 2004, the amount of revenue that was estimated in the June 2003 quarterly economic and revenue forecast issued by the Office of Economic Analysis to be collected from cigarette taxes for the biennium beginning July 1, 2003, shall be adjusted in an amount determined by the Office of Economic Analysis before calculation of the additional cigarette tax revenue collections referred to in section 1 (1) of this 2003 Act.

SECTION 4. Notwithstanding any other law, the amount appropriated to the Department of Revenue out of the General Fund, in section 1, chapter 497, Oregon Laws 2003 (Enrolled Senate Bill 5542), is reduced by $25,222,528.

SECTION 5. Notwithstanding any other law limiting expenditures, and in addition to the limitation established in section 5, chapter 497, Oregon Laws 2003 (Enrolled Senate Bill 5542), the amount of $30,048,000 is established for the Department of Revenue for the biennium beginning July 1, 2003, as the maximum limit for payment of expenses of administering Oregon tax and revenue laws from the additional cigarette and tobacco products tax revenues described in sections 1 and 2 of this 2003 Act.

SECTION 6. Notwithstanding any other law, sections 4 and 5 of this 2003 Act are subject to Oregon Department of Administrative Services rules related to allotting, controlling and encumbering funds.

SECTION 7. 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 on its passage.

Approved by the Governor September 2, 2003

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

Effective date September 2, 2003

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