Chapter
AN ACT
911
SB 994
Relating to state financial administration; creating new provisions;
amending ORS 291.375, 292.405, 292.410, 292.415, 292.425, 366.772 and 530.110;
appropriating money; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Notwithstanding
any other provision of law, the amount of $2 million is transferred from the
Problem Gambling Treatment Fund established by ORS 409.435 to the
Administrative Services Economic Development Fund established by ORS 461.540,
to be available for the biennium beginning July 1, 2007, for purposes for which
moneys in the Administrative Services Economic Development Fund may be used.
*SECTION 2.
(1) Notwithstanding ORS 757.612 (3), an electric company that collects a
public purpose charge from its customers and that has in its service area the
Oregon Museum of Science and Industry shall transfer $4.6 million to the State
Department of Energy for the purposes described in subsection (3) of this section.
(2) Moneys described in
subsection (1) of this section shall be considered to be taken from funds
collected by the electric company that remain after the allocation to education
service districts described in ORS 757.612 (3)(e) and the allocation to the
Housing and Community Services Department described in ORS 757.612 (3)(b)(D)
and prior to other allocations described in ORS 757.612 (3).
(3) Moneys transferred
to the State Department of Energy under subsection (1) of this section are
continuously appropriated to the department so that the department may help the
Oregon Museum of Science and Industry with repayment of a loan made through the
Small Scale Local Energy Project Loan Program.
*SECTION 3.
Section 2 of this 2007 Act is repealed on June 30, 2009.
SECTION 4. Notwithstanding
ORS 279A.250 to 279A.290, if the Oregon Department of Administrative Services
sells property from the State Capitol that is surplus property because of the
State Capitol renovation project, the department shall deposit the net proceeds
into the Oregon State Capitol Foundation Fund established by ORS 276.003.
*SECTION 5.
Notwithstanding ORS 401.806 and 401.808, the amount of $9 million is
transferred from the Emergency Communications Account established in ORS
401.806 (1)
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*Vetoed by the Governor
to the General Fund. Moneys transferred under this section may not come
from the Enhanced 9-1-1 Subaccount or from the Enhanced 9-1-1 Equipment
Replacement Subaccount.
SECTION 6. Notwithstanding
any other provision of law, the amount of $282,473 is transferred from the
grant to the small business development centers made by section 3 (7), chapter
795, Oregon Laws 2005, to the Administrative Services Economic Development Fund
established by ORS 461.540, to be used for purposes for which moneys in the
fund may be used.
SECTION 7. Notwithstanding any other provision of law,
not later than January 1, 2008, the amount of $3.65 million shall be
transferred from the State Forestry Department Account established by ORS
526.060 to the Forest Patrol Fund referred to in ORS 293.110 to be available
for forest fire protection administration expenses.
SECTION 8.
ORS 530.110 is amended to read:
530.110. (1) All
revenues derived from lands acquired without cost to the state, or acquired
from counties pursuant to ORS 530.030, shall be paid into the State Treasury
and credited to the State Forestry Department Account and shall be used
exclusively for the purposes stated in subsection (3) of this section, and in
accordance with the following distribution:
(a) Fifteen percent
shall be credited to the State Forests Protection Subaccount of the State
Forestry Department Account until the amount in such subaccount shall reach
$475,000. Thereafter, the revenues shall be disposed of as stated in paragraphs
(b) and (c) of this subsection, unless needed to maintain the $475,000 level.
All moneys in the State Forests Protection Subaccount are appropriated
continuously to the State Forester who may use such money under the following
priorities:
(A) First, in addition
to or in lieu of other moneys available, to pay the cost of protection, as
determined under ORS 477.270, for lands acquired under ORS 530.010 to 530.040.
(B) Second, to provide
moneys needed for activities authorized by subsection (3) of this section.
(C) From remaining
moneys, to pay costs incurred in the suppression of fire originating on or
spreading from an operation area, as defined in ORS 477.001, on state-owned
forestland acquired under ORS 530.010 to 530.040. The State Forester shall make
payments with approval of the State Board of Forestry for such fire suppression
costs; except that no payments shall be made for such costs or portion thereof
when other parties are responsible under law or contracts for the payment of
such costs.
(b) Seventy-five percent
of all such revenues remaining after the percentage disposed of as stated in
paragraph (a) of this subsection, shall be disposed of as provided in ORS
530.115.
(c) Twenty-five percent
of all such revenues remaining after the percentage disposed of as stated in
paragraph (a) of this subsection, shall be used for the purposes set out in
subsection (3) of this section.
(2) All revenues from
lands other than lands designated in subsection (1) of this section, acquired under
ORS 530.010 to 530.040, shall be paid into the State Treasury and credited to
the State Forestry Department Account and shall be used exclusively for the
purposes stated in subsection (3) of this section, and in accordance with the
following distribution:
(a) Until each legal
subdivision of the lands has been credited with an amount equal to the purchase
price thereof, the revenues shall reimburse the State Forestry Department
Account. If sufficient revenue to reimburse the State Forestry Department Account
is not generated from the purchased parcels within five years from the date of
acquisition, the State Forester, with the consent of the affected county, shall
deduct all or portions of the unreimbursed purchase costs from the revenue
distributed to that county in accordance with ORS 530.115 (1). Thereafter
paragraphs (b), (c) and (d) of this subsection apply.
(b) The percentage
required under subsection (1)(a) of this section shall be credited to the State
Forests Protection Subaccount, thereafter, the revenues shall be disposed of as
stated in paragraphs (c) and (d) of this subsection.
(c) Seventy-five percent
of all such revenues remaining after paragraphs (a) and (b) of this subsection
have been complied with, shall be disposed of as provided in ORS 530.115.
(d) Twenty-five percent
of all such revenues remaining after the percentage disposed of as stated in
paragraphs (a) and (b) of this subsection, shall be used for the purposes set
out in subsection (3) of this section.
(3) Unless otherwise
consented to in advance and in writing by the counties from which the state has
acquired lands without cost to the state or pursuant to ORS 530.130, the
moneys in the State Forestry Department Account derived from those percentages
of revenues set out in subsections (1)(c) and (2)(d) of this section shall be
used exclusively for the redemption of Oregon forest development revenue
bonds and payment of interest thereon, for the acquisition, development and
management of forestlands and for such other purposes as are necessary in
carrying out ORS 530.010 to 530.110.
SECTION 9.
ORS 291.375 is amended to read:
291.375. (1) Prior to
the submission of any application for financial assistance or grants from the
(a) If the application
is to be submitted to the federal government when the Legislative Assembly is
in session, the application shall be submitted to the Joint Committee on Ways
and Means for review.
(b) If the application
is to be submitted to the federal government when the Legislative Assembly is
not in session, the application shall be submitted to the Emergency Board or
to the interim Joint Committee on Ways and Means for review.
(2) If the legislative
agency authorized under subsection (1) of this section to review applications
described therein approves the application, it may be submitted to the
appropriate federal agency. If the legislative agency disapproves of the
application, it shall not be submitted to any federal agency unless it is or
can be modified to meet the objections of the legislative agency.
(3) Notwithstanding
subsection (1) of this section, the Joint Committee on Ways and Means and the
Emergency Board may exempt any state agency from the requirements of this
section. Project grants for departmental research, organized activities related
to instruction, sponsored research or other sponsored programs carried on
within the Department of Higher Education, for which no biennial expenditure
limitations have been established, are exempt from the requirements of this
section.
(4) The review required
by this section is in addition to and not in lieu of the requirements of ORS
293.550.
SECTION 10.
ORS 292.405 is amended to read:
292.405. (1) The annual
salary of the Chief Judge of the Court of Appeals shall be [$99,200 for the year beginning July 1, 2001,
and ending June 30, 2002, and $105,200 for the year beginning July 1, 2002, and
ending June 30, 2003, and] $122,028 for the year beginning July 1, 2007,
and $125,688 for each year thereafter.
(2) The annual salary of
each other judge of the Court of Appeals shall be [$97,000 for the year beginning July 1, 2001, and ending June 30, 2002,
and $102,800 for the year beginning July 1, 2002, and ending June 30, 2003, and]
$119,244 for the year beginning July 1, 2007, and $122,820 for each year
thereafter.
SECTION 11.
ORS 292.410 is amended to read:
292.410. (1) The annual
salary of the Chief Justice of the Supreme Court shall be [$101,500 for the year beginning July 1, 2001, and ending June 30, 2002,
and $107,600 for the year beginning July 1, 2002, and ending June 30, 2003, and]
$124,812 for the year beginning July 1, 2007, and $128,556 for each year
thereafter.
(2) The annual salary of
each other judge of the Supreme Court shall be [$99,200 for the year beginning July 1, 2001, and ending June 30, 2002,
and $105,200 for the year beginning July 1, 2002, and ending June 30, 2003, and]
$122,028 for the year beginning July 1, 2007, and $125,688 for each year
thereafter.
SECTION 12.
ORS 292.415 is amended to read:
292.415. The annual
salary of each judge of a circuit court shall be [$90,400 for the year beginning July 1, 2001, and ending June 30, 2002,
and $95,800 for the year beginning July 1, 2002, and ending June 30, 2003, and]
$111,132 for the year beginning July 1, 2007, and $114,468 for each year
thereafter.
SECTION 13.
ORS 292.425 is amended to read:
292.425. The annual
salary of the judge of the Oregon Tax Court shall be [$93,300 for the year beginning July 1, 2001, and ending June 30, 2002,
and $98,900 for the year beginning July 1, 2002, and ending June 30, 2003, and]
$114,720 for the year beginning July 1, 2007, and $118,164 for each year
thereafter.
SECTION 14.
ORS 366.772, as amended by section 20, chapter 618, Oregon Laws 2003, is
amended to read:
366.772. (1) Not later
than July 31 in each calendar year, the sum of $500,000 shall be withdrawn from
the appropriation specified in ORS 366.762, and the sum of $250,000 shall be
withdrawn from moneys available to the Department of Transportation from the
State Highway Fund. The sums withdrawn shall be set up in a separate account to
be administered by the Department of Transportation.
(2) Not later than July
31 in each calendar year, the sum of $750,000 shall be withdrawn from the
separate account described in subsection (1) of this section and distributed to
counties that had a county road base funding deficit in the prior fiscal year.
A county’s share of the $750,000 shall be based on the ratio of the amount of
the county’s road base funding deficit to the total amount of county road base
funding deficits of all counties.
(3) Moneys allocated as
provided in this section may be used only for maintenance, repair and
improvement of existing roads.
(4) As used in this
section:
(a) “Arterial highway”
has the meaning given that term in ORS 801.127.
(b) “Collector highway”
has the meaning given that term in ORS 801.197.
[(a)] (c) “County road base funding deficit” means the amount
of a county’s minimum county road base funding minus the amount of that county’s
dedicated county road funding. A county has a county road base funding deficit
only if the amount of the dedicated county road funding is less than the amount
of the minimum county road base funding.
[(b)] (d) “Dedicated county road funding” for a county means:
(A) Moneys received from
federal forest reserves and apportioned to the county road fund in accordance
with ORS 294.060;
(B) State Highway Fund
moneys distributed to the county, other than moneys distributed under this
section and not including moneys allocated under section 15 of this 2007 Act;
and
(C) Federal Highway
Administration revenues allocated by formula to the county annually under the
federal-aid highway program authorized by 23 U.S.C. chapter 1. These moneys do
not include federal funds received by the county through a competitive grant
process.
[(c)] (e) “Minimum county road base funding” means [$1 million] $4,500 per mile of county
roads that are arterial and collector highways beginning on July 1, [2003] 2008, and thereafter means
[$1 million] $4,500 per mile of
county roads that are arterial and collector highways as adjusted annually
on the basis of the Portland-Salem, OR-WA, Consumer Price Index for All Urban
Consumers for All Items, as published by the Bureau of Labor Statistics of the
United States Department of Labor.
SECTION 15. Notwithstanding
ORS 366.739, the Department of Transportation shall distribute moneys to each
county no later than November 1, 2008, in the following amounts:
Coos County $400,000
Crook County $1,215,064
Curry County $1,624,789
Grant County $3,249,760
Hood River County $867,549
Union
County $400,000
SECTION 16. (1)
If the Secure Rural Schools and Community Self-Determination Act of 2000 (P.L.
106-393) is reauthorized for the federal fiscal year beginning October 1, 2008,
each county shall match 10.89 percent of the funds the county receives from the
Department of Transportation under section 15 of this 2007 Act.
(2) If the department
determines that the federal government has not reauthorized the Secure Rural
Schools and Community Self-Determination Act of 2000 or approved another source
of funding for the counties for the federal fiscal year beginning October 1,
2008, the Oregon Transportation Commission may determine how the counties may
match an amount not to exceed 10.89 percent of the funds the counties receive
from the department under section 15 of this 2007 Act.
SECTION 17. (1)
Prior to selecting transportation projects using funds distributed to the
counties by the Department of Transportation pursuant to section 15 of this
2007 Act, each county shall consult with and solicit comments and recommendations
from the cities within the county and any appropriate advisory group.
(2) The Association of
Oregon Counties shall provide a report to the Joint Committee on Ways and Means
of the Seventy-fifth Legislative Assembly no later than April 1, 2009. The report
must identify the projects funded with moneys distributed under section 15 of
this 2007 Act, the budget for each project and amount of state and local moneys
expended on each project, and the start and completion dates for the projects.
SECTION 18. Notwithstanding
ORS 366.507, the Department of Transportation may decrease the amount of moneys
spent on modernization required by ORS 366.507 by 25 percent.
SECTION 19. (1)
Sections 15 to 17 of this 2007 Act are repealed on June 30, 2009.
(2) Section 18 of this
2007 Act is repealed on June 30, 2011.
SECTION 20. Sections
15 to 18 of this 2007 Act become operative July 1, 2008.
SECTION 21. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect on its passage.
Approved by the Governor August 9, 2007
Sections 2, 3 and 5 vetoed by the Governor
Filed in the office of Secretary of State August 9, 2007
Effective date August 9, 2007
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