74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 994
Sponsored by Senator JOHNSON (at the request of Governor Theodore
R. Kulongoski)
CHAPTER ................
AN ACT
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 Oregon:
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 { + Section 2 of this 2007 Act is repealed on June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) to the
Enrolled Senate Bill 994 (SB 994-A) Page 1
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
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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 United States or any
agency thereof by or on behalf of any agency of this state, the
application must be submitted for legislative review in the
following manner:
(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,
Enrolled Senate Bill 994 (SB 994-A) Page 3
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.
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(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: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Bak$517,514y
Benton County $400,000
Clackamas County $2,241,837
Clatsop County $400,000
Columbia County $400,000
Coos County $400,000
Crook County $1,215,064
Curry County $1,624,789
Deschutes County $1,230,565
Douglas County $7,353,554
Gilliam County $751,404
Grant County $3,249,760
Harney County $1,935,370
Hood River County $867,549
Jackson County $2,078,126
Jefferson County $400,000
Josephine County $897,122
Klamath County $5,043,802
Lake County $1,816,679
Lane County $9,897,402
Enrolled Senate Bill 994 (SB 994-A) Page 5
Lincoln County $1,651,353
Linn County $3,268,797
Malheur County $681,559
Marion County $1,232,345
Morrow County $490,013
Multnomah County $400,000
Polk County $400,000
Sherman County $761,973
Tillamook County $883,590
Umatilla County $400,000
Union County $400,000
Wallowa County $437,299
Wasco County $928,268
Washington County $400,000
Wheeler County $794,260
Yamhill County $400,000 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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. + }
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Enrolled Senate Bill 994 (SB 994-A) Page 6
Passed by Senate June 24, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 27, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 994 (SB 994-A) Page 7
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 994 (SB 994-A) Page 8