72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 850
(To Resolve Conflicts)
B-Engrossed
House Bill 2267
Ordered by the Senate August 22
Including House Amendments dated August 13 and Senate Amendments
dated August 22 to resolve conflicts
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Economic and Community Development Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Establishes state transient lodging tax. Continuously
appropriates moneys for tourism marketing programs.
Prohibits new or increased local transient lodging taxes.
Excepts new or increased local transient lodging taxes used for
tourism promotion or tourism-related facilities, for city or
county services or for costs to finance or refinance debt of
tourism-related facilities.
Abolishes Oregon Tourism Program. Provides that Oregon Tourism
Commission is continuation of Oregon Tourism Program.
Revises duties and purposes of Oregon Tourism Commission.
Modifies composition of commission. Transfers state transient
lodging tax revenues to account managed by commission.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to tourism; creating new provisions; amending ORS
285A.255, 285A.261, 285A.264, 285A.267, 285A.279, 285A.282,
285A.288 and 305.824; repealing ORS 285A.270, 285A.273,
285A.276 and 285A.285; appropriating money; prescribing an
effective date; and providing for revenue raising that requires
approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:
{ +
TRANSIENT LODGING TAXES + }
{ +
(Definitions) + }
SECTION 1. ORS 305.824 is amended to read:
305.824. { - (1) - } As used in this section { + and
sections 2 to 8a and 10 to 12 of this 2003 Act + }:
{ - (a) - } { + (1) + } 'Collection reimbursement charge'
means the amount a transient lodging provider may retain as
reimbursement for the costs incurred by the provider in
collecting and reporting a { - local - } transient lodging tax
and in maintaining { - local - } transient lodging tax records.
{ - (b) - } { + (2) + } 'Conference center' means a
facility that:
{ - (A) - } { + (a) + } Is owned or partially owned by a
unit of local government, a governmental agency or a nonprofit
organization; and
{ - (B) - } { + (b) + } Meets the current membership
criteria of the International Association of Conference Centers.
{ - (c) - } { + (3) + } 'Convention center' means a new or
improved facility that:
{ - (A) - } { + (a) + } Is capable of attracting and
accommodating conventions and trade shows from international,
national and regional markets requiring exhibition space,
ballroom space, meeting rooms and any other associated space,
including but not limited to banquet facilities, loading areas
and lobby and registration areas;
{ - (B) - } { + (b) + } Has a total meeting room and
ballroom space between one-third and one-half of the total size
of the center's exhibition space;
{ - (C) - } { + (c) + } Generates a majority of its
business income from tourists;
{ - (D) - } { + (d) + } Has a room-block relationship with
the local lodging industry; and
{ - (E) - } { + (e) + } Is owned by a unit of local
government, a governmental agency or a nonprofit organization.
{ - (d) - } { + (4) + } 'Local transient lodging tax' means
a tax imposed by a unit of local government on the sale, service
or furnishing of transient lodging.
{ + (5) 'State transient lodging tax' means the tax imposed
under section 2 of this 2003 Act. + }
{ - (e) - } { + (6) + } 'Tourism' means economic activity
resulting from tourists.
{ - (f) - } { + (7) + } 'Tourism promotion' means any of
the following activities:
{ - (A) - } { + (a) + } Advertising, publicizing or
distributing information for the purpose of attracting and
welcoming tourists;
{ - (B) - } { + (b) + } Conducting strategic planning and
research necessary to stimulate future tourism development;
{ - (C) - } { + (c) + } Operating tourism promotion
agencies; and
{ - (D) - } { + (d) + } Marketing special events and
festivals designed to attract tourists.
{ - (g) - } { + (8) + } 'Tourism promotion agency'
includes:
{ - (A) - } { + (a) + } An incorporated nonprofit
organization or governmental unit that is responsible for the
tourism promotion of a destination on a year-round basis.
{ - (B) - } { + (b) + } A nonprofit entity that manages
tourism-related economic development plans, programs and
projects.
{ - (C) - } { + (c) + } A regional or statewide association
that represents entities that rely on tourism-related business
for more than 50 percent of their total income.
{ - (h) 'Tourism-related facility' means real property that
has a useful life of 10 or more years and that is used to support
tourism and to accommodate tourist activities. 'Tourism-related
facility' includes a conference center, convention center and
visitor information center. - }
{ + (9) 'Tourism-related facility':
(a) Means a conference center, convention center or visitor
information center; and
(b) Means other improved real property that has a useful life
of 10 or more years and has a substantial purpose of supporting
tourism or accommodating tourist activities. + }
{ - (i) - } { + (10) + } 'Tourist' means a person who, for
business, pleasure, recreation or participation in events related
to the arts, heritage or culture, travels from the community in
which that person is a resident to a different community that is
separate, distinct from and unrelated to the person's community
of residence, and that trip:
{ - (A) - } { + (a) + } Requires the person to travel more
than 50 miles from the community of residence; or
{ - (B) - } { + (b) + } Includes an overnight stay.
{ - (j) - } { + (11) + } 'Transient lodging' means hotel,
motel and inn dwelling units that are designed for temporary
overnight human occupancy, and includes spaces designed for
parking recreational vehicles during periods of human occupancy
of those vehicles.
{ - (k) - } { + (12) + } 'Unit of local government' has the
meaning given that term in ORS 190.003.
{ - (L) - } { + (13) + } 'Visitor information center' means
a building, or a portion of a building, the main purpose of which
is to distribute or disseminate information to tourists.
{ - (2) On and after January 1, 2001, a unit of local
government that imposed a local transient lodging tax on December
31, 2000, and allowed a transient lodging provider to retain a
collection reimbursement charge on that tax, may not decrease the
percentage of local transient lodging taxes that is used to fund
collection reimbursement charges. - }
{ - (3) A unit of local government that imposes a new local
transient lodging tax on or after January 1, 2001, shall allow a
transient lodging provider to retain a collection reimbursement
charge of at least five percent of all collected local transient
lodging tax revenues. The percentage of the collection
reimbursement charge may be increased by the unit of local
government. - }
{ - (4) A unit of local government that increases a local
transient lodging tax on or after January 1, 2001, shall allow a
transient lodging provider to retain a collection reimbursement
charge of at least five percent of all collected local transient
lodging tax revenues. The collection reimbursement charge shall
apply to all collected local transient lodging tax revenues,
including revenues that would have been collected without the
increase. The percentage of the collection reimbursement charge
may be increased by the unit of local government. - }
{ - (5) A unit of local government may not offset the loss of
local transient lodging tax revenues caused by collection
reimbursement charges required by this section by: - }
{ - (a) Increasing the rate of the local transient lodging
tax; - }
{ - (b) Decreasing the percentage of total local transient
lodging tax revenues used to fund tourism promotion or
tourism-related facilities; or - }
{ - (c) Increasing or imposing a new fee solely on transient
lodging providers or tourism promotion agencies that are funded
by the local transient lodging tax. - }
{ +
(State Transient Lodging Tax) + }
SECTION 2. { + (1) A tax of one percent is imposed on any
consideration rendered for the sale, service or furnishing of
transient lodging. The tax imposed by this subsection shall be in
addition to and not in lieu of any local transient lodging tax.
The tax shall be collected by the transient lodging provider.
(2) The transient lodging provider shall withhold five percent
of the amount the provider collects under subsection (1) of this
section for the purpose of reimbursing the provider for the cost
of tax collection, record keeping and reporting. + }
SECTION 3. { + Every transient lodging provider responsible
for collecting the tax imposed by section 2 of this 2003 Act
shall keep records, render statements and comply with rules
adopted by the Department of Revenue with respect to the tax. The
records and statements required by this section must be
sufficient to show whether there is a tax liability under section
2 of this 2003 Act. + }
SECTION 4. { + (1) Every transient lodging provider is
responsible for collecting the tax imposed under section 2 of
this 2003 Act and shall file a return with the Department of
Revenue, on or before the last day of the month following the end
of each calendar quarter, reporting the amount of tax due during
the quarter. The department shall prescribe the form of the
return required by this section. The rules of the department
shall require that returns be made under penalties for false
swearing.
(2) When a return is required under subsection (1) of this
section, the transient lodging provider required to make the
return shall remit the tax due to the department at the time
fixed for filing the return. + }
SECTION 5. { + If the amount paid by the transient lodging
provider to the Department of Revenue under section 4 of this
2003 Act exceeds the amount of tax payable, the department shall
refund the amount of the excess with interest thereon at the rate
established under ORS 305.220 for each month or fraction of a
month from the date of payment of the excess until the date of
the refund. A refund may not be made to a transient lodging
provider who fails to claim the refund within two years after the
due date for filing the return to which the claim for refund
relates. + }
SECTION 6. { + (1) Every transient lodging provider required
to collect the tax imposed by section 2 of this 2003 Act shall be
deemed to hold the amount collected in trust for the State of
Oregon and for payment to the Department of Revenue in the manner
and at the time provided by section 4 of this 2003 Act.
(2) At any time the transient lodging provider required to
collect the tax fails to remit any amount deemed to be held in
trust for the State of Oregon, the department may enforce
collection by the issuance of a distraint warrant for the
collection of the delinquent amount and all penalties, interest
and collection charges accrued thereon. The warrant shall be
issued, docketed and proceeded upon in the same manner and shall
have the same force and effect as is prescribed with respect to
warrants for the collection of delinquent income taxes. + }
SECTION 7. { + Unless the context requires otherwise, the
provisions of ORS chapters 305, 314 and 316 as to the audit and
examination of reports and returns, confidentiality of reports
and returns, determination of deficiencies, assessments, claims
for refunds, penalties, interest, jeopardy assessments, warrants,
conferences and appeals to the Oregon Tax Court, and procedures
relating thereto, apply to sections 2 to 8a of this 2003 Act, the
same as if the tax were a tax imposed upon or measured by net
income. All such provisions apply to the taxpayer liable for the
tax and to the transient lodging provider required to collect the
tax. As to any amount collected and required to be remitted to
the Department of Revenue, the tax shall be considered a tax upon
the transient lodging provider required to collect the tax and
that provider shall be considered a taxpayer. + }
SECTION 8. { + All moneys received by the Department of
Revenue pursuant to sections 2 to 8a of this 2003 Act, and
interest thereon, shall be paid to the State Treasurer to be held
in a suspense account established under ORS 293.445. After the
payment of refunds:
(1) Moneys necessary to reimburse the Department of Revenue for
the actual costs incurred by the department in administering the
state transient lodging tax, not to exceed two percent of state
transient lodging tax collections, are continuously appropriated
to the department; and
(2) The balance of the moneys received shall be transferred to
the account of the Oregon Tourism Commission established under
section 23 of this 2003 Act. The moneys transferred under this
subsection are continuously appropriated to the Oregon Tourism
Commission for the purposes set forth in section 23 of this 2003
Act. + }
SECTION 8a. { + (1) Public records of moneys received by the
Department of Revenue pursuant to sections 2 to 8a of this 2003
Act are exempt from disclosure under ORS 192.410 to 192.505.
Nothing in this section shall limit the use that can be made of
such information for regulatory purposes or its use and
admissibility in any enforcement proceedings.
(2) If a conflict is found to exist between subsection (1) of
this section and ORS 314.835, ORS 314.835 controls. + }
SECTION 9. { + Sections 2 to 8a of this 2003 Act apply to
transient lodging tax reporting periods beginning on or after
January 1, 2004. + }
{ +
(Local Transient Lodging Taxes) + }
SECTION 10. { + (1) On or after January 1, 2001, a unit of
local government that imposed a local transient lodging tax on
December 31, 2000, and allowed a transient lodging provider to
retain a collection reimbursement charge on that tax, may not
decrease the percentage of local transient lodging taxes that is
used to fund collection reimbursement charges.
(2) A unit of local government that imposes a new local
transient lodging tax on or after January 1, 2001, shall allow a
transient lodging provider to retain a collection reimbursement
charge of at least five percent of all collected local transient
lodging tax revenues. The percentage of the collection
reimbursement charge may be increased by the unit of local
government.
(3) A unit of local government that increases a local transient
lodging tax on or after January 1, 2001, shall allow a transient
lodging provider to retain a collection reimbursement charge of
at least five percent of all collected local transient lodging
tax revenues. The collection reimbursement charge shall apply to
all collected local transient lodging tax revenues, including
revenues that would have been collected without the increase. The
percentage of the collection reimbursement charge may be
increased by the unit of local government.
(4) A unit of local government may not offset the loss of local
transient lodging tax revenues caused by collection reimbursement
charges required by this section by:
(a) Increasing the rate of the local transient lodging tax;
(b) Decreasing the percentage of total local transient lodging
tax revenues used to fund tourism promotion or tourism-related
facilities; or
(c) Increasing or imposing a new fee solely on transient
lodging providers or tourism promotion agencies that are funded
by the local transient lodging tax. + }
SECTION 11. { + (1) A unit of local government that did not
impose a local transient lodging tax on July 1, 2003, may not
impose a local transient lodging tax on or after July 2, 2003,
unless the imposition of the local transient lodging tax was
approved on or before July 1, 2003.
(2) A unit of local government that imposed a local transient
lodging tax on July 1, 2003, may not increase the rate of the
local transient lodging tax on or after July 2, 2003, to a rate
that is greater than the rate in effect on July 1, 2003, unless
the increase was approved on or before July 1, 2003.
(3) A unit of local government that imposed a local transient
lodging tax on July 1, 2003, may not decrease the percentage of
total local transient lodging tax revenues that are actually
expended to fund tourism promotion or tourism-related facilities
on or after July 2, 2003. A unit of local government that agreed,
on or before July 1, 2003, to increase the percentage of total
local transient lodging tax revenues that are to be expended to
fund tourism promotion or tourism-related facilities, must
increase the percentage as agreed.
(4) Notwithstanding subsections (1) and (2) of this section, a
unit of local government that is financing debt with local
transient lodging tax revenues on the effective date of this 2003
Act must continue to finance the debt until the retirement of the
debt, including any refinancing of that debt. If the tax is not
otherwise permitted under subsection (1) or (2) of this section,
at the time of the debt retirement:
(a) The local transient lodging tax revenue that financed the
debt shall be used as provided in subsection (5) of this section;
or
(b) The unit of local government shall thereafter eliminate the
new tax or increase in tax otherwise described in subsection (1)
or (2) of this section.
(5) Subsections (1) and (2) of this section do not apply to a
new or increased local transient lodging tax if all of the net
revenue from the new or increased tax, following reductions
attributed to collection reimbursement charges, is used
consistently with subsection (6) of this section to:
(a) Fund tourism promotion or tourism-related facilities;
(b) Fund city or county services; or
(c) Finance or refinance the debt of tourism-related facilities
and pay reasonable administrative costs incurred in financing or
refinancing that debt, provided that:
(A) The net revenue may be used for administrative costs only
if the unit of local government provides a collection
reimbursement charge; and
(B) Upon retirement of the debt, the unit of local government
reduces the tax by the amount by which the tax was increased to
finance or refinance the debt.
(6) At least 70 percent of net revenue from a new or increased
local transient lodging tax shall be used for the purposes
described in subsection (5)(a) or (c) of this section. No more
than 30 percent of net revenue from a new or increased local
transient lodging tax may be used for the purpose described in
subsection (5)(b) of this section. + }
SECTION 12. { + If a new or increased local transient lodging
tax is imposed on or after July 2, 2003, and before the effective
date of this 2003 Act, and the new or increased tax is not
otherwise allowed under section 11 of this 2003 Act, the unit of
local government imposing the tax, on or before January 1, 2005,
shall:
(1) In the case of a new tax, use all of the revenue collected,
minus any collection reimbursement charges required under section
10 of this 2003 Act, as prescribed in section 11 (5) and (6) of
this 2003 Act.
(2) In the case of an increase in an existing local transient
lodging tax, temporarily reduce the rate of tax otherwise
allowable under section 11 of this 2003 Act so as to economically
achieve a tax refund. + }
{ +
OREGON TOURISM COMMISSION + }
SECTION 13. ORS 285A.255 is amended to read:
285A.255. As used in ORS 285A.255 to 285A.285, unless the
context requires otherwise:
(1) { - ' Tourism - } { + ' + } Commission' means the
Oregon Tourism Commission.
{ + (2) 'Executive director' means the executive director of
the Oregon Tourism Commission. + }
{ - (2) 'Tourism program' means the Oregon Tourism Program of
the Economic and Community Development Department. - }
SECTION 14. ORS 285A.261 is amended to read:
285A.261. (1) There is established an Oregon Tourism Commission
consisting of nine members { + appointed by the Governor + }.
{ - Seven members shall be appointed by the Governor, one
member shall be appointed by the President of the Senate and one
member shall be appointed by the Speaker of the House of
Representatives. At least 30 days prior to the expiration of the
term of a member appointed by the Governor, the Travel Industry
Council of Oregon may recommend to the Governor at least three
industry representatives for appointment to the tourism
commission. - } Members of the { - tourism - } commission are
appointed to perform the duties { - described in ORS
285A.264 - } { + of the commission as provided by law + }.
Members { - appointed by the Governor - } are subject to
confirmation by the Senate pursuant to section 4, Article III of
the Oregon Constitution.
{ + (2) + }In appointing members of the { - tourism - }
commission { + under subsection (1) of this section + }, the
Governor shall:
(a) Appoint members representing the state's various regions
and areas of tourism activity.
(b) Appoint { - at least six of the - } { + three + }
members drawn from
{ - the - } travel agencies, tour operators, private
transportation, restaurants { - , hotels, motels, resorts, - }
{ + or businesses or organizations engaged in + } tourism
promotion for cities or counties, cultural attractions, historic
attractions, ski facilities { - and - } { + or + } related
recreational industries. { + At least 30 days prior to the
expiration of the term of a member appointed under this
paragraph, the Tourism Industry Council of Oregon may recommend
to the Governor one or more tourism industry representatives for
the Governor's consideration in filling the vacancy. + }
(c) Appoint at least one member to represent the public at
large.
{ + (d) Appoint five members drawn from the lodging
industry. For purposes of this paragraph, the lodging industry
consists of hotels, motels, resorts, bed and breakfast
facilities, inns, recreational vehicle parks, campgrounds and
guest ranches. At least 30 days prior to the expiration of the
term of a member appointed under this paragraph, a statewide
organization representing the lodging industry may recommend to
the Governor one or more lodging industry representatives for the
Governor's consideration in filling the vacancy. + }
{ - (2) - } { + (3) + } { - The term of office of each
member is four years. - } { + A member of the commission shall
be appointed for a term of four years that begins on July 1. A
member shall hold office for the term of the appointment and
after the end of the term until a successor is appointed and
qualified. + } Before the expiration of the term of a member, the
{ - appointing authority - } { + Governor + } shall
{ + strive to + } appoint a successor { - whose term begins on
July 1 next following - } . A member is eligible for one
reappointment except that a member appointed to fill a vacancy
for a partial term may be reappointed to fill a total of two full
terms in addition to the partial term. If there is a vacancy for
any cause, the { - appointing authority - } { + Governor + }
shall make an appointment to become effective immediately for the
unexpired term.
{ - (3) - } { + (4) + } A member of the { - tourism - }
commission is entitled to compensation and expenses as provided
in ORS 292.495.
{ - (4) - } { + (5) + } The { - tourism - } commission
shall select one of its members to chair the { - tourism - }
commission { - , - } and shall select another member to serve
as vice chair, for such terms and with duties and powers
necessary to perform the functions of the offices as the
{ - tourism - } commission determines.
{ - (5) - } { + (6) + } A majority of the members of the
{ - tourism - } commission constitutes a quorum for the
transaction of business.
{ - (6) - } { + (7) + } The { - appointing authority - }
{ + Governor + } may remove a member of the { - tourism - }
commission for cause as provided in ORS 182.010 or 236.010.
SECTION 15. { + Notwithstanding ORS 285A.261, the members of
the Oregon Tourism Commission serving on the commission on the
effective date of this 2003 Act may continue to serve on the
commission in accordance with their appointments. The Governor
shall designate which members of the commission, of those who
were appointed to the commission by the Governor, are intended to
meet the requirements of ORS 285A.261 (2)(b). + }
{ + NOTE: + } Section 16 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 17. { + (1) The Oregon Tourism Program is abolished.
All records, assets and other property of the Oregon Tourism
Program are transferred to the Oregon Tourism Commission.
(2) The rights and obligations of the Oregon Tourism Program
legally incurred under contracts, leases and business
transactions executed, entered into or begun before the effective
date of this 2003 Act are rights and obligations of the Oregon
Tourism Commission. For the purpose of succession to these rights
and obligations, the Oregon Tourism Commission is a continuation
of the Oregon Tourism Program and is not a new authority.
(3) Notwithstanding subsection (1) of this section, the rules
of the Economic and Community Development Department that were
administered by the Oregon Tourism Program or the Oregon Tourism
Commission on the day prior to the effective date of this 2003
Act shall continue in effect and be considered rules of the
Oregon Tourism Commission until superseded, amended or repealed
by the Oregon Tourism Commission.
(4) The administrator of the Oregon Tourism Commission on the
day prior to the effective date of this 2003 Act shall be the
initial executive director of the Oregon Tourism Commission. + }
SECTION 18. { + (1) Except as provided in subsection (2) of
this section, the provisions of ORS 200.035 and ORS chapters 240,
276, 279, 282, 283, 291, 292 and 293 do not apply to the Oregon
Tourism Commission. The commission is subject to all other
statutes governing a state agency that do not conflict with ORS
285A.255 to ORS 285A.285, including the tort liability provisions
of ORS 30.260 to 30.300 and the provisions of ORS 183.310 to
183.550. The employees of the commission are included within the
Public Employees Retirement System.
(2) Notwithstanding subsection (1) of this section, the
following provisions apply to the commission:
(a) ORS 279.800 to 279.830;
(b) ORS 292.495; and
(c) ORS 293.235, 293.240, 293.245, 293.250, 293.611, 293.625
and 293.630.
(3) In carrying out the duties, functions and powers of the
commission, the commission may contract with any state agency for
the performance of duties, functions and powers as the commission
considers appropriate. A state agency may not charge the
commission an amount that exceeds the actual cost of those
services. ORS 285A.255 to 285A.285 do not require a state agency
to provide services to the commission other than pursuant to a
voluntary interagency agreement or contract.
(4) The commission shall adopt personnel policies and
contracting and purchasing procedures. The Oregon Department of
Administrative Services shall review those policies and
procedures for compliance with applicable state and federal laws
and collective bargaining contracts.
(5) Except as otherwise provided by law, members and employees
of the commission are eligible to receive the same benefits as
state employees and are entitled to retain their State of Oregon
hire dates, transfer rights and job bidding rights, all without
loss of seniority, and to the direct transfer of all accumulated
state agency leaves. + }
SECTION 18a. If House Bill 2341 becomes law, section 18 of this
2003 Act is amended to read:
{ + Sec. 18. + } (1) Except as provided in subsection (2) of
this section, the provisions of ORS 200.035 and ORS chapters 240,
276, 279, 282, 283, 291, 292 and 293 { + and sections 1 to 46,
47 to 87 and 88 to 179, chapter ___, Oregon Laws 2003 (Enrolled
House Bill 2341), + } do not apply to the Oregon Tourism
Commission. The commission is subject to all other statutes
governing a state agency that do not conflict with ORS 285A.255
to ORS 285A.285, including the tort liability provisions of ORS
30.260 to 30.300 and the provisions of ORS 183.310 to 183.550.
The employees of the commission are included within the Public
Employees Retirement System.
(2) Notwithstanding subsection (1) of this section, the
following provisions apply to the commission:
(a) { - ORS 279.800 to 279.830 - } { + Sections 36 to 44,
chapter ___, Oregon Laws 2003 (Enrolled House Bill 2341) + };
(b) ORS 292.495; and
(c) ORS 293.235, 293.240, 293.245, 293.250, 293.611, 293.625
and 293.630.
(3) In carrying out the duties, functions and powers of the
commission, the commission may contract with any state agency for
the performance of duties, functions and powers as the commission
considers appropriate. A state agency may not charge the
commission an amount that exceeds the actual cost of those
services. ORS 285A.255 to 285A.285 do not require a state agency
to provide services to the commission other than pursuant to a
voluntary interagency agreement or contract.
(4) The commission shall adopt personnel policies and
contracting and purchasing procedures. The Oregon Department of
Administrative Services shall review those policies and
procedures for compliance with applicable state and federal laws
and collective bargaining contracts.
(5) Except as otherwise provided by law, members and employees
of the commission are eligible to receive the same benefits as
state employees and are entitled to retain their State of Oregon
hire dates, transfer rights and job bidding rights, all without
loss of seniority, and to the direct transfer of all accumulated
state agency leaves.
SECTION 18b. { + The amendments to section 18 of this 2003 Act
by section 18a of this 2003 Act become operative on March 1,
2005. + }
SECTION 19. ORS 285A.264 is amended to read:
285A.264. The Oregon Tourism Commission shall perform the
following duties:
(1) Serve as a body to advise governmental bodies and agencies
and private persons on the development and implementation of
state policies and programs relating to tourism and recreation
and to assist in the coordination of these activities.
(2) Advise the Governor and direct the { - administrator - }
{ + executive director + } of the { - Oregon Tourism
Program - } { + commission + } on all matters pertaining to
tourism.
(3) Prepare, approve and periodically revise and submit to the
Governor, the Director of the Economic and Community Development
Department and tourism industry associations a recommended
comprehensive marketing plan for review by the Governor, the
Director { + of the Economic and Community Development
Department + } and the tourism industry associations. The
comprehensive marketing plan shall be directed toward the
accomplishment of at least the following purposes:
(a) Maximizing the return on public and private investment in
tourism.
(b) Encouraging longer stays by visitors to Oregon.
(c) Reducing seasonal fluctuations in travel and tourist
related industries.
(d) Encouraging visitors to be destination oriented in this
state by targeting high-yield visitor segments that may include
cultural tourism, agri-tourism, nature-based tourism or sports
and adventure tourism.
(e) Encouraging visitors from foreign countries to come to
Oregon.
(f) Encouraging Oregonians to vacation in Oregon.
{ - (4) Develop a biennial budget for all operations of the
tourism commission and the tourism program and submit the budget
to the Governor. - }
{ + (4) Develop a biennial budget for all operations of the
commission and submit the budget to the Governor. + }
(5) Seek and receive the views of all levels of government and
the private sector with respect to state programs and policies
for the promotion and assistance of tourism.
(6) Prepare and adopt administrative rules necessary for the
operation of the programs of the { - tourism - } commission.
(7) Cooperate with educational institutions of the state in the
development of educational programs preparing persons for
supporting and leadership positions critical to the development
of an economically strong and socially beneficial tourism
industry in Oregon.
(8) Cooperate with and provide expertise for communities and
tourism marketing associations in the development and promotion
of their tourism attractions and businesses.
{ - (9) At the discretion of the tourism commission, exercise
directly any power or authority vested in the tourism
program. - }
{ + (9) Implement the comprehensive marketing plan described
in subsection (3) of this section and promote tourism in the
State of Oregon. + }
SECTION 20. { + To carry out the duties and purposes of the
Oregon Tourism Commission, and in addition to other powers
granted to the commission under ORS 285A.255 to 285A.285 or other
law, the commission may:
(1) Make contracts and execute all instruments necessary or
convenient for carrying out the duties of the commission;
(2) Acquire, own, hold, transfer, encumber or dispose of
property of any kind, or any interest in that property;
(3) Enter into agreements or other transactions involving
tourism with any federal, state, county or municipal agency or
with any person or other entity;
(4) Appoint officers, consultants, agents or advisors, and
prescribe their duties;
(5) Appear before boards, commissions, departments or other
agencies of municipal or county governments, the state government
or the federal government;
(6) Procure insurance against any losses incurred in connection
with property of the commission in the amounts and from the
insurers as the commission determines is necessary or desirable;
(7) Accept donations, grants, bequests or devises, conditional
or otherwise, of money, property, services or other items of
value, including any interest or earnings thereon, that may be
received from the federal government or any agency of the federal
government, any state or municipal government agency, or any
institution or person, public or private, to be held, used or
applied for any purpose of the commission, in accordance with the
terms of the donation, grant, bequest or devise;
(8) Organize, conduct, sponsor, cooperate with or assist the
private sector or other state agencies in the conduct of
conferences and tours related to Oregon tourism;
(9) Provide and pay for advisory services and technical
assistance that may be necessary or desirable to carry out the
duties and purposes of the commission;
(10) Exercise any other powers necessary or desirable for the
operation and functioning of the commission that is consistent
with the purposes of the commission;
(11) Charge for products or services provided and receive
revenue from any source to be used for the purposes of the
commission;
(12) Enter into agreements and cooperate with political
subdivisions of this state, state agencies, other states, the
federal government, governments of foreign countries or private
individuals, corporations or other persons in the publication or
distribution of information relating to tourism, recreational
activities and tourism facilities, or other information or
materials of interest or service to the traveling public or
relating to developing or promoting tourism in this state; and
(13) Accept or provide travel, lodging, meals, entertainment,
meetings and other services from or to public or private entities
or persons in order to carry out the duties of the
commission. + }
SECTION 21. ORS 285A.267 is amended to read:
285A.267. Upon receipt of a { + comprehensive + } marketing
plan prepared or revised by the Oregon Tourism Commission under
ORS 285A.264, the Governor, the Director of the Economic and
Community Development Department and tourism industry
associations may review the plan. If the Governor, the director
or an industry association has any disagreement with the plan or
if the Governor, director or an industry association desires
anything included in the plan that is not in the plan when
submitted, the Governor, director or industry association may
submit recommendations for revision by the { - tourism - }
commission.
SECTION 22. { + (1) The Oregon Tourism Commission shall adopt
budgets on a biennial basis using classifications of expenditures
and revenue required by ORS 291.206 (1). That portion of the
budget that is funded by appropriations from the General Fund or
by allocations of lottery funds is subject to review and approval
by the Legislative Assembly and to future modification by the
Emergency Board or the Legislative Assembly. The remainder of the
budget is subject to review and recommendation by the Legislative
Assembly.
(2) The commission shall adopt or modify a budget only after a
public hearing on the budget. At least 15 days prior to a public
hearing, the commission shall give notice of the hearing to all
persons known to be interested in the proceedings of the
commission and to any person who has requested a notice.
(3) The commission shall follow generally accepted accounting
principles and keep such financial and statistical information as
is necessary to completely and accurately disclose the financial
condition and financial operations of the commission as may be
required by the Secretary of State.
(4) The commission shall prepare an annual financial statement
of commission revenues and expenses and shall make the statement
available for public review. + }
SECTION 23. { + (1) All moneys collected, received by or
appropriated to the Oregon Tourism Commission shall be deposited
into an account established by the commission in a depository
bank insured by the Federal Deposit Insurance Corporation. In a
manner consistent with the requirements of ORS chapter 295, the
chair of the commission shall ensure that sufficient collateral
secures any amount of funds on deposit that exceeds the limits of
the Federal Deposit Insurance Corporation's coverage.
(2) Subject to the approval of the chair, the commission may
invest moneys collected or received by the commission.
Investments made by the commission shall be limited to
investments described in ORS 294.035 (1) to (9).
(3) Interest earned on any moneys invested under subsection (2)
of this section shall be made available to the commission in a
manner consistent with the biennial budget of the commission.
(4) State transient lodging tax moneys appropriated to the
commission under section 8 of this 2003 Act shall be spent by the
commission as follows:
(a) At least 80 percent shall be used to fund state tourism
marketing programs.
(b) As much as 15 percent shall be used to implement a regional
cooperative tourism marketing program. The program shall:
(A) Require that fund allocations focus on creating new
business from out-of-state and international markets;
(B) Utilize a regional allocation formula that distributes
revenue to regions, the boundaries of which are established by
the commission, in proportion to the amount of transient lodging
tax revenues collected in each region;
(C) Distribute revenue to recipients that are selected by the
commission as organizations able to conduct tourism-related
marketing for each region;
(D) Require that all advertising, publications, CD-ROMs,
websites, videos and other tourism promotion materials funded
through the regional cooperative tourism marketing program carry
the Oregon Tourism Commission logo and marketing tag line; and
(E) Encourage funding recipients to incorporate design elements
from commission advertising and promotional campaigns, such as
fonts, images and other design elements.
(5) All moneys in the account that are not state transient
lodging tax revenues are continuously appropriated to the
commission for the purposes of carrying out the functions of the
commission.
(6) All expenditures from the account are exempt from any state
expenditure limitation. + }
SECTION 24. { + All moneys appropriated to the Economic and
Community Development Department for the purposes of the Oregon
Tourism Commission prior to the effective date of this 2003 Act
that remain unspent and unobligated are transferred to the
account of the Oregon Tourism Commission established under
section 23 of this 2003 Act on the effective date of this 2003
Act. + }
SECTION 25. ORS 285A.279 is amended to read:
285A.279. (1) The Oregon Tourism Commission shall administer a
biennial matching grants program when the Legislative Assembly
appropriates moneys therefor. The purpose of the matching grants
program is to help develop and improve the economies of
communities throughout Oregon by means of the improvement,
expansion and promotion of the visitor industry.
(2) The { - tourism - } commission shall establish the
maximum grant amount in the applicant guidelines prepared for the
matching grants program in each biennium. No more than 50 percent
of the total cost of a project may be paid for with moneys from
the program. An applicant must show a minimum one-to-one match
from private or public sources other than Economic and Community
Development Department { + or commission + } programs. The
applicant must also show a cash match of at least 50 percent of
the amount requested under the matching grants program.
SECTION 26. ORS 285A.282 is amended to read:
285A.282. (1) The Oregon Tourism Commission { - , upon the
approval of the Governor, shall appoint an administrator of the
tourism commission who - } { + shall appoint an executive
director. The appointment shall be subject to the approval of the
Governor. The executive director + } shall serve at the pleasure
of the members of the commission.
{ - (2) The administrator shall receive such salary as may be
provided by law or as fixed by the tourism commission. - }
{ - (3) The administrator shall be the administrative head of
the Oregon Tourism Program. - }
{ - (4) The administrator may recommend rules to the tourism
commission for the governance of the tourism program, the conduct
of its employees and the assignment and performance of its
business and the custody, use and preservation of its records,
papers and property. - }
{ + (2) The commission shall set the compensation of the
executive director.
(3) The executive director shall direct all administrative
functions of the commission. The executive director may appoint
all subordinate officers and employees of the commission and may
prescribe their duties and set their compensation.
(4) Except as provided in subsection (5) of this section, the
commission may delegate to the executive director any duty,
function or power conferred or imposed on the commission and the
executive director may delegate to any subordinate officer or
employee of the commission any duty, function or power conferred,
imposed on or delegated to the executive director.
(5) The commission may not delegate to the executive director
the power to:
(a) Approve the comprehensive marketing plan described in ORS
285A.264;
(b) Approve the biennial budget required under section 22 of
this 2003 Act; or
(c) Appoint and set the compensation of the executive director
under ORS 285A.282. + }
SECTION 27. ORS 285A.288 is amended to read:
285A.288. The Oregon Tourism Commission shall establish and
maintain official tourist information centers near the principal
entrance points into the state, and at other locations it
considers appropriate, to be used to provide information to the
public about public accommodations, transportation, commercial
services for the traveling public, campgrounds, parks,
recreational areas and points of interest. The { - tourism
program - } { + commission + } may contract for the
construction, maintenance and operation of such tourist
information centers.
SECTION 28. { + ORS 285A.255 to 285A.285 do not affect the
duty and authority of the Secretary of State to audit public
accounts. The Secretary of State shall enter into agreements
with the Oregon Tourism Commission to set an appropriate audit
schedule for the commission. In lieu of conducting an audit, the
Secretary of State may elect to accept the report of an
independent certified public accountant. + }
{ +
MISCELLANEOUS + }
SECTION 29. { + ORS 305.824 is added to and made a part of
sections 2 to 8a and 10 to 12 of this 2003 Act. + }
SECTION 30. { + ORS 285A.288 and sections 18, 20, 22, 23 and
28 of this 2003 Act are added to and made a part of ORS 285A.255
to 285A.285. + }
SECTION 31. { + ORS 285A.270, 285A.273, 285A.276 and 285A.285
are repealed. + }
SECTION 31a. { + Notwithstanding section 237, chapter ___,
Oregon Laws 2003 (Enrolled House Bill 2341) (amending ORS
285A.273), if House Bill 2341 becomes law, ORS 285A.273 is
repealed. + }
SECTION 31b. { + Notwithstanding section 238, chapter ___,
Oregon Laws 2003 (Enrolled House Bill 2341) (amending ORS
285A.276), if House Bill 2341 becomes law, ORS 285A.276 is
repealed. + }
SECTION 32. { + The unit captions used in this 2003 Act are
provided only for the convenience of the reader and do not become
a part of the statutory law of this state or express any
legislative intent in the enactment of this 2003 Act. + }
SECTION 33. { + This 2003 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-second
Legislative Assembly adjourns sine die. + }
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