Chapter 795 Oregon Laws 2005

AN ACT

SB 5520

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, 2005, 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, 2005, and thereafter are reserved to meet the commitments of this 2005 Act.

SECTION 3. The following amounts are allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Economic and Community Development Department, for the following purposes:

(1) Department operations................. $ 15,954,590

(2) Minority, women and small business

development................................... $ 1,500,000

(3) Oregon Community

Development Fund........................ $ 14,234,473

(4) Oregon Film and Video Office..... $ 841,605

(5) Oregon Science and

Technology Partnership............... $ 150,000

(6) Principal and interest

payments on lottery

revenue bonds............................... $ 48,422,618

(7) Small business

development centers...................... $ 3,300,000

SECTION 4. There is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Department of Education, for the State School Fund, the amount of $395,571,028.

SECTION 5. There is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Department of Transportation, the amount of $22,152,507 for the purpose of paying, when due, the principal, interest and premium, if any, on outstanding lottery bonds for rail projects, rail infrastructure assistance and multimodal transportation infrastructure projects and on any bonds issued to refund such lottery bonds, funding reserves for any of those bonds and paying related costs of the department.

SECTION 6. Pursuant to ORS 461.549, there is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Problem Gambling Treatment Fund for distribution to counties for treatment of gambling addiction, the amount of $9,312,007.

NOTE: Section 7 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 8. There is allocated for the biennium beginning July 1, 2005, 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 $52,100,000.

SECTION 9. There is transferred to the Lottery Bond Fund for the biennium beginning July 1, 2005, out of the Oregon Education Fund, 100 percent of the declared earnings on the Education Stability Fund that are transferred to the Oregon Education Fund during the biennium beginning July 1, 2005, to be used by the Department of Education for the purpose of maintaining cash flow and paying, 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, 2005, from the Administrative Services Economic Development Fund, to the Housing and Community Services Department, for the purpose of paying, when due, the principal, interest and premium, if any, on outstanding lottery bonds, the amount of $4,318,340.

SECTION 11. There is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Oregon Department of Administrative Services, for transfer to the State Department of Agriculture, the amount of $12,795 for the purpose of supporting the administration of county fairs in this state.

SECTION 12. Pursuant to ORS 565.447, there is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Oregon Department of Administrative Services, the amount of $3,344,827 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 12a. There is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund to the Oregon Department of Administrative Services, the amount of $600,000 for the purpose of development of an agricultural transportation entity by the Oregon Association of Nurseries.

SECTION 13. There is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Oregon Department of Administrative Services, the amount of $1,569,762 for the purpose of paying, when due, the principal, interest and premium, if any, and bond-related costs on outstanding lottery bonds issued to finance equipment modernization for public broadcasting in Oregon.

SECTION 14. There is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Department of Higher Education, the amount of $5,541,048 for the purpose of paying, when due, the principal, interest and premium, if any, on outstanding lottery bonds issued to finance facilities construction and deferred maintenance projects.

SECTION 15. There is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the office of the Governor, the amount of $1,722,657 for expenses of the Economic Revitalization Team.

NOTE: Section 16 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 17. For the purpose of carrying out the provisions of ORS 461.543 (4), there is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Sports Lottery Account an amount equal to the net proceeds of sports-related lottery games provided for in ORS 461.213 (1).

SECTION 18. There is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Oregon Department of Administrative Services, the amount of $32,510,243 for distribution to counties for economic development activities as provided by ORS 461.547.

SECTION 18a. There is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Economic and Community Development Department, the amount of $718,297 for the purpose of paying, when due, the principal, interest and premium, if any, and bond-related costs on outstanding lottery bonds issued to provide funds for the North Bend Airport District terminal building authorized in sections 1 to 4, chapter 756, Oregon Laws 2005 (Enrolled Senate Bill 152).

SECTION 18b. There is allocated for the biennium beginning July 1, 2005, from the Administrative Services Economic Development Fund, to the Department of Transportation, the amount of $1,893,517 for the purpose of paying, when due, the principal, interest and premium, if any, and bond-related costs on outstanding lottery bonds issued to establish a Multimodal Transportation Fund for the purpose of financing loans and grants to public bodies and private entities for public transit and air, marine and rail transportation projects authorized in sections 1 to 6, chapter 816, Oregon Laws 2005 (Enrolled Senate Bill 71).

SECTION 19. (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 2005 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 2005 Act, the Oregon Department of Administrative Services:

(a) Shall satisfy the debt service obligations for Westside Light Rail in the amount of $19,932,040 prior to making any other allocations pursuant to this 2005 Act.

(b) Subject to paragraph (a) of this subsection, prior to making any other allocations pursuant to this 2005 Act, shall satisfy debt service obligations in the following amounts:

(A) Economic and Community

Development Department............ $ 48,422,618

(B) Department of Education............. $ 52,100,000

(C) Housing and Community Services

Department.................................... $ 4,318,340

(D) Oregon Department of

Administrative Services................ $ 1,569,762

(E) Department of Higher

Education....................................... $ 5,541,048

(F) Department of Transportation

for rail and infrastructure

projects........................................... $ 22,152,507

(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 2005 Act, these allocations shall be reduced proportionately in sufficient amounts to accommodate the revenue shortfall.

SECTION 20. Notwithstanding any other law limiting expenditures, the amount of $600,000 is established for the biennium beginning July 1, 2005, as the maximum limit for the payment of expenses from lottery moneys allocated from the Administrative Services Economic Development Fund to the Oregon Department of Administrative Services for the purpose of development of an agricultural transportation entity by the Oregon Association of Nurseries.

SECTION 21. Notwithstanding any other law limiting expenditures, the amount of $150,000 is established for the biennium beginning July 1, 2005, as the maximum limit for the payment of expenses from lottery moneys allocated from the Administrative Services Economic Development Fund to the Economic and Community Development Department for the Oregon Science and Technology Partnership.

SECTION 22. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect July 1, 2005.

Approved by the Governor August 29, 2005

Filed in the office of Secretary of State August 29, 2005

Effective date August 29, 2005

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