Chapter 2 Oregon Laws 2009

AN ACT

SB 338

Relating to state financial administration; creating new provisions; amending ORS 341.725 and 341.728 and sections 2, 3, 6, 13 and 18, chapter 761, Oregon Laws 2007; appropriating money; limiting expenditures; and declaring an emergency.

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

SECTION 1. Notwithstanding any other law limiting expenditures, the following amounts are established for a six-year period beginning July 1, 2007, as the maximum limits for the payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the state agencies listed, for the acquisition of land, improvements to land and the acquisition, planning, constructing, altering, repairing, furnishing and equipping of buildings and facilities:

____________________________________________________________________________

(1) Department of Transportation

(a) Deferred Maintenance

Projects $ 4,353,406

(b) ODOT Rail Station $ 24,900

(2) State Forestry Department

(a) Sisters Relocation

Projects (Phase 2) $ 2,000,000

(b) Deferred Maintenance $ 619,050

(3) State Parks and

Recreation Department

Deferred Maintenance $ 869,000

(4) Department of State Lands

(a) Portland Harbor

Boundary Survey $ 200,000

(b) Deferred Maintenance $ 260,000

(5) Judicial Department

Deferred Maintenance $ 415,000

(6) Oregon Military

Department

Deferred Maintenance $ 4,358,013

(7) Oregon Youth Authority

Deferred Maintenance $ 9,225,863

(8) Oregon Department of

Administrative Services

Deferred Maintenance $ 2,999,472

(9) Department of Corrections

Deferred Maintenance $ 6,685,000

(10) State Department of

Fish and Wildlife

(a) Capital Construction/

Improvements $ 1,320,000

(b) Deferred Maintenance $ 1,241,000

____________________________________________________________________________

SECTION 2. Notwithstanding any other law limiting expenditures, the amount of $410,513 is established for a six-year period beginning July 1, 2007, as the maximum limit for the expenditure of federal funds collected or received by the Oregon Military Department for the purpose of matching amounts authorized to be expended under section 1 of this 2009 Act for the acquisition of land and the acquisition, planning, constructing, altering, repairing, furnishing and equipping of buildings and facilities.

SECTION 3. Section 2, chapter 761, Oregon Laws 2007, as amended by section 11, chapter 15, Oregon Laws 2008, is amended to read:

Sec. 2. Notwithstanding any other law limiting expenditures, the following amounts are established for a six-year period beginning July 1, 2007, as the maximum limit for payment of expenses under this section from bond proceeds and other revenues, including federal funds, collected or received by the Department of Higher Education, for the acquisition of land, improvements to land and the acquisition, planning, constructing, altering, repairing, furnishing and equipping of buildings, facilities and other projects within the Department of Higher Education:

______________________________________________________________________________

Other

Revenues

Article Article (including

XI-G XI-F(1) Lottery Energy Federal

Bonds Bonds Bonds Loans COPs Funds)

(1) Department of Higher

Education

Capital renewal, code

compliance and safety -- 20,000,000 50,000,000 -- [--] 31,114,000 13,100,000

(2) Western Oregon University

(a) New student residence -- 11,250,000 -- -- -- --

(b) Business, Math and Computer

Science Facility Project 2,500,000 -- -- -- -- 500,000

Science Deferred Maintenance/

Seismic Tier II 984,500 -- -- 1,074,000 -- 1,080,000

(d) Physical Education

Building Deferred Maintenance -- -- -- 4,117,000 8,534,000 --

(e) Health and Wellness Center -- 12,000,000 -- -- -- --

(f) Classroom and Office

Building 3,000,000 -- -- -- 3,000,000 --

(3) Eastern Oregon University

Inlow Hall Deferred

Maintenance/Seismic

Tier I 1,312,000 -- -- 3,618,000 -- --

(4) Oregon State University

(a) National Wave Energy

Research Center 1,500,000 -- -- -- -- 3,000,000

(b) Goss Stadium expansion -- -- -- -- -- 4,500,000

(d) OSU Dining Center

Renovation: Arnold

Catering -- 3,500,000 -- -- -- --

(e) Cross Country Track -- 3,000,000 -- -- -- --

(f) Athletics/Academic

Center -- 1 -- -- -- --

(g) Boathouse remodel -- 3,000,000 -- -- -- --

(h) Gill Coliseum renovation -- 20,000,000 -- -- -- --

(i) Mouse Model Organism

Facility -- -- -- -- -- 1,500,000

(j) Intramural Field

Synthetic Turf Project -- -- -- -- -- 3,250,000

(k) Pauling Research and

Education Building 31,256,035 -- -- -- -- 31,256,035

(L) Nash Hall Deferred

Maintenance/Seismic

Tier II 3,776,000 -- -- 6,824,000 -- 1,198,000

(m) Building rewiring -- -- -- -- 5,000,000 --

(5) Portland State University

(a) Parking expansion

(block 189 development) -- 12,000,000 -- -- -- --

(b) Student housing and

land acquisition -- 1 -- -- -- --

gym expansion -- 8,500,000 -- -- -- --

(d) Retail development -- 1 -- -- -- --

(e) Walk of the Heroines

Project -- -- -- -- -- 1,800,000

(f) PCAT Redevelopment

Project 10,000,000 42,000,000 -- -- -- 19,000,000

(g) Campus fiber expansion

and telecom facility upgrades -- -- -- -- 1,000,000 --

(h) Science Research and Teaching

Center/Hazardous Waste

[Facility 9,500,000 -- -- -- -- 9,500,000]

Facility Phase I 7,000,000 -- -- -- 3,500,000 3,500,000

(i) Lincoln Hall Deferred

Maintenance/Seismic

Tier I 8,616,000 -- -- 11,986,000 -- --

(j) Science Building II

Deferred Maintenance/

Seismic Tier II 7,658,500 -- -- 10,992,000 -- --

(k) Campus steam loop Phase II

Deferred Maintenance -- -- -- 10,032,000 7,468,000 --

(6) University of Oregon

(a) Riverfront Research

Park Multitenant

Building -- 19,250,000 -- -- -- --

(b) Riverfront Research

Park building purchase -- 14,373,000 -- -- -- --

(d) Food service upgrade -- 1,000,000 -- -- -- --

(e) Gilbert/Peterson Hall

phase 3 -- -- -- -- -- 6,000,000

(f) Oregon State Museum

of Anthropology -- -- -- -- -- 3,500,000

(g) Integrative Science

Complex, Phase 2 30,000,000 -- -- -- -- 35,000,000

(h) Fenton Hall Deferred

Maintenance/Seismic

Tier I 2,480,500 -- -- 3,111,000 -- --

(i) Classroom and laboratory

upgrades -- -- -- -- 5,000,000 --

(j) Hayward Field 2,500,000 -- -- -- -- 2,500,000

(k) New Arena -- 200,000,000 -- -- -- --

(7) Oregon Institute of

Technology

(a) Center for Health

Professions 9,000,000 -- -- -- -- 11,000,000

(b) Owens Hall Deferred

Maintenance 1,444,000 -- -- 1,871,000 1,715,000 --

(8) Project Reserves -- 1,810,397 -- -- -- 1,969,007

______________________________________________________________________________

SECTION 4. Section 6, chapter 761, Oregon Laws 2007, as amended by section 13, chapter 15, Oregon Laws 2008, is amended to read:

Sec. 6. (1) Pursuant to Article XI-G of the Oregon Constitution and ORS 351.345 and either ORS 286.031 to 286.061 (2005 Edition) or ORS chapter 286A, the State Board of Higher Education may sell, with the approval of the State Treasurer, general obligation bonds of the State of Oregon of the kind and character and within the limits prescribed by Article XI-G of the Oregon Constitution, as the board determines, but in no event may the board sell more than the aggregate principal sum of [$135,104,535] $137,048,535 par value for the biennium beginning July 1, 2007. The moneys realized from the sale of the bonds shall be appropriated and may be expended for the purposes set forth in section 2 (3)(h), chapter 845, Oregon Laws 2001, and in section 2 (6)(h) and (7)(e), chapter 787, Oregon Laws 2005, and section 2 (2)(b), [and] (c) and (f), (3), (4)(a), (k) and (L), (5)(f), (h), (i) and (j), (6)(g), (h) and (j) and (7)(a) and (b), chapter 761, Oregon Laws 2007, and for payment for capitalized interest and costs incidental to issuance of the bonds.

(2) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (2)(b), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriations made under sections 10 (7) and 11, chapter 761, Oregon Laws 2007.

(3) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (2)(c), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 10 (8), chapter 761, Oregon Laws 2007.

(4) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (3), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 10 (1), chapter 761, Oregon Laws 2007.

(5) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (4)(a), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 10 (3), chapter 761, Oregon Laws 2007.

(6) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (4)(k), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 12, chapter 761, Oregon Laws 2007.

(7) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (4)(L), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 10 (2), chapter 761, Oregon Laws 2007.

(8) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (5)(f), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 17, chapter 761, Oregon Laws 2007.

(9) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (5)(h), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 13, chapter 761, Oregon Laws 2007.

(10) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (5)(i), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 10 (4), chapter 761, Oregon Laws 2007.

(11) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (5)(j), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 10 (5), chapter 761, Oregon Laws 2007.

(12) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (6)(g), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 14, chapter 761, Oregon Laws 2007.

(13) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (6)(h), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 10 (6), chapter 761, Oregon Laws 2007.

(14) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (6)(j), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 15, chapter 761, Oregon Laws 2007.

(15) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (7)(a), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 16, chapter 761, Oregon Laws 2007.

(16) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (2)(f), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 6 of this 2009 Act.

(17) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 2 (7)(b), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 7 of this 2009 Act.

SECTION 5. Section 13, chapter 761, Oregon Laws 2007, is amended to read:

Sec. 13. (1) There is established in the General Fund an account to be known as the Portland State University Science Research and Teaching Center and Hazardous Waste Facility Account. Funds in the account shall be used for the construction, remodeling, expansion and renovation of facilities for a Science Research and Teaching Center and Hazardous Waste Facility Phase I at Portland State University.

(2) The account shall consist of proceeds from certificates of participation, grant funds, gift funds, proceeds of legal settlements, federal and local government funds made available to and funds donated to the Department of Higher Education for the purpose of the center and facility project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than [$9,500,000] $7,000,000 for purposes of this subsection.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, are continuously appropriated to the Department of Higher Education and may be transferred to the Department of Higher Education Capital Construction Fund for the center and facility project described in subsection (1) of this section.

SECTION 6. (1) There is established in the General Fund an account to be known as the Western Oregon University Classroom and Office Building Account. Funds in the account shall be used for the construction, remodeling, expansion and renovation of facilities for classroom and office space at Western Oregon University.

(2) The account shall consist of proceeds from certificates of participation, grant funds, gift funds, proceeds of legal settlements, federal and local government funds made available to and funds donated to the Department of Higher Education for the purpose of the classroom and office space project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $3,000,000 for purposes of this subsection.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, are continuously appropriated to the Department of Higher Education and may be transferred to the Department of Higher Education Capital Construction Fund for the classroom and office space project described in subsection (1) of this section.

SECTION 7. (1) There is established in the General Fund an account to be known as the Oregon Institute of Technology Owens Hall Deferred Maintenance Account. Funds in the account shall be used for the construction, remodeling, expansion and renovation of Owens Hall at the Oregon Institute of Technology.

(2) The account shall consist of proceeds from certificates of participation, grant funds, gift funds, proceeds of legal settlements, federal and local government funds made available to and funds donated to the Department of Higher Education for the purpose of the project described in subsection (1) of this section. Interest earned on moneys in the account shall be credited to the account. The account may not be credited with more than $1,444,000 for purposes of this subsection.

(3) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, are continuously appropriated to the Department of Higher Education and may be transferred to the Department of Higher Education Capital Construction Fund for the project described in subsection (1) of this section.

SECTION 8. The expenditure limitations in sections 1 and 2 of this 2009 Act expire on June 30, 2013, unless otherwise noted or unless changed by the Legislative Assembly.

SECTION 9. Section 3, chapter 761, Oregon Laws 2007, as amended by section 12, chapter 15, Oregon Laws 2008, is amended to read:

Sec. 3. Notwithstanding any other law limiting expenditures, the following amounts are established for a six-year period beginning July 1, 2007, as the maximum limit for payment of expenses under this section from bond proceeds and other revenues, including federal funds, collected or received by the Department of Community Colleges and Workforce Development, for the acquisition of and improvements to land and the acquisition, planning, constructing, altering, repairing, furnishing and equipping of buildings and facilities [at] for community colleges:

______________________________________________________________________________

Other

Revenues

Article (including

XI-G Federal

Bonds Funds)

(1) Central Oregon Community College

-Science and Allied Health

Instructional Building 5,778,000 5,778,000

(2) Chemeketa Community College

(a) [-] Classroom and Health Sciences 5,625,000 5,625,000

(b) Deferred Maintenance, capital

renewal, code compliance and safety 5,082,500 5,082,500

(3) Clackamas Community College

(a) [-] Allied Healthcare Center of Excellence 5,156,250 5,156,250

(b) Deferred Maintenance, capital

renewal, code compliance and safety 1,293,750 1,293,750

(4) Lane Community College

-Health and Wellness Building 6,750,000 6,750,000

(5) Linn-Benton Community College

-Science Center Expansion and Renovation 3,731,250 3,731,250

(6) Mt. Hood Community College

-Child Development Center 2,500,000 2,500,000

(7) Oregon Coast Community College

-Expansion - Aquarium South

County and Central Campus Land Purchase 3,000,000 3,000,000

(8) Portland Community College

(a) [-] Educational Center 7,500,000 7,500,000

(b) Deferred Maintenance, capital

renewal, code compliance and safety 3,327,500 3,327,500

(9) Clatsop Community College 4,000,000 4,000,000

-New Facilities and Renovation

of Existing Facilities

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SECTION 10. Section 18, chapter 761, Oregon Laws 2007, as amended by section 15, chapter 15, Oregon Laws 2008, is amended to read:

Sec. 18. (1) Pursuant to Article XI-G of the Oregon Constitution and ORS 341.721 and either ORS 286.031 to 286.061 (2005 Edition) or ORS chapter 286A, the State Treasurer may sell, at the request of the State Board of Education, general obligation bonds of the State of Oregon of the kind and character and within the limits prescribed by Article XI-G of the Oregon Constitution, as the treasurer determines, but in no event may the treasurer sell more than the aggregate principal sum of [$56,640,500] $66,344,250 par value for the biennium beginning July 1, 2007. The moneys realized from the sale of the bonds shall be appropriated and may be expended for the purposes set forth in section 3, chapter 761, Oregon Laws 2007, and sections 3 (5) and (6), chapter 787, Oregon Laws 2005, for payment for capitalized interest and costs incidental to issuance of the bonds.

(2) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (1), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 20, chapter 761, Oregon Laws 2007.

(3) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (2)(a), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 21, chapter 761, Oregon Laws 2007.

(4) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (3)(a), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 22, chapter 761, Oregon Laws 2007.

(5) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (4), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 23, chapter 761, Oregon Laws 2007.

(6) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (5), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 24, chapter 761, Oregon Laws 2007.

(7) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (6), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 25, chapter 761, Oregon Laws 2007.

(8) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (7), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 27, chapter 787, Oregon Laws 2005.

(9) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (8)(a), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 27, chapter 761, Oregon Laws 2007.

(10) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (9), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 29, chapter 787, Oregon Laws 2005.

(11) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (2)(b), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 11 of this 2009 Act.

(12) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (3)(b), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 12 of this 2009 Act.

(13) In compliance with the requirements of Article XI-G of the Oregon Constitution, funds available under the expenditure limitation for bonds issued pursuant to Article XI-G of the Oregon Constitution in section 3 (8)(b), chapter 761, Oregon Laws 2007, are matched with the General Fund appropriation made under section 13 of this 2009 Act.

SECTION 11. (1) There is established in the General Fund an account to be known as the Chemeketa Community College Deferred Maintenance Account. Moneys in the account shall be used for deferred maintenance, capital renewal, code compliance and safety projects for the Chemeketa Community College District.

(2) The account may consist of the following moneys that have been deposited in the account by the Department of Community Colleges and Workforce Development at the request of the Chemeketa Community College District for the purposes listed in subsection (1) of this section:

(a) Moneys from federal and local governments;

(b) Donations;

(c) Community College Support Fund moneys transferred to the account by the department at the request of the community college district;

(d) Building reserve funds of the community college district transferred to the department from the community college district; and

(e) Proceeds from the sale of bonds issued by the community college district.

(3) Interest earned on moneys in the account shall be credited to the account.

(4) The account may not be credited with more than $5,082,500 in donations, Community College Support Fund moneys, proceeds from the sale of bonds, building reserve funds, federal and local government funds and interest.

(5) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, are continuously appropriated to the department and may be transferred to the Community College Capital Construction Fund for the purpose of making distributions to the Chemeketa Community College District for the purposes listed in subsection (1) of this section.

SECTION 12. (1) There is established in the General Fund an account to be known as the Clackamas Community College Deferred Maintenance Account. Moneys in the account shall be used for deferred maintenance, capital renewal, code compliance and safety projects for the Clackamas Community College District.

(2) The account may consist of the following moneys that have been deposited in the account by the Department of Community Colleges and Workforce Development at the request of the Clackamas Community College District for the purposes listed in subsection (1) of this section:

(a) Moneys from federal and local governments;

(b) Donations;

(c) Community College Support Fund moneys transferred to the account by the department at the request of the community college district;

(d) Building reserve funds of the community college district transferred to the department from the community college district; and

(e) Proceeds from the sale of bonds issued by the community college district.

(3) Interest earned on moneys in the account shall be credited to the account.

(4) The account may not be credited with more than $1,293,750 in donations, Community College Support Fund moneys, proceeds from the sale of bonds, building reserve funds, federal and local government funds and interest.

(5) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, are continuously appropriated to the department and may be transferred to the Community College Capital Construction Fund for the purpose of making distributions to the Clackamas Community College District for the purposes listed in subsection (1) of this section.

SECTION 13. (1) There is established in the General Fund an account to be known as the Portland Community College Deferred Maintenance Account. Moneys in the account shall be used for deferred maintenance, capital renewal, code compliance and safety projects for the Portland Community College District.

(2) The account may consist of the following moneys that have been deposited in the account by the Department of Community Colleges and Workforce Development at the request of the Portland Community College District for the purposes listed in subsection (1) of this section:

(a) Moneys from federal and local governments;

(b) Donations;

(c) Community College Support Fund moneys transferred to the account by the department at the request of the community college district;

(d) Building reserve funds of the community college district transferred to the department from the community college district; and

(e) Proceeds from the sale of bonds issued by the community college district.

(3) Interest earned on moneys in the account shall be credited to the account.

(4) The account may not be credited with more than $3,327,500 in donations, Community College Support Fund moneys, proceeds from the sale of bonds, building reserve funds, federal and local government funds and interest.

(5) Moneys in the account shall be considered to be General Fund moneys for purposes of section 1 (3), Article XI-G of the Oregon Constitution, are continuously appropriated to the department and may be transferred to the Community College Capital Construction Fund for the purpose of making distributions to the Portland Community College District for the purposes listed in subsection (1) of this section.

SECTION 14. (1) Pursuant to ORS 286A.560 to 286A.585, lottery bonds may be issued by the State Treasurer at the request of the Department of Community Colleges and Workforce Development for community college deferred maintenance, capital renewal, code compliance and safety projects.

(2) The use of lottery bond proceeds is authorized based on the following findings:

(a) Subsystems within community college buildings are wearing out and must be replaced so that community colleges have adequate facilities for teaching.

(b) Having safe and fully functioning community college facilities is essential to Oregon’s healthy economic growth.

(3) The aggregate principal amount of lottery bonds issued pursuant to subsection (1) of this section by the State Treasurer for deferred maintenance, capital renewal, code compliance and safety projects may not exceed the amount of $43,862,850 and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs as defined in ORS 286A.560.

(4) Of the net proceeds of lottery bonds issued pursuant to this section for the biennium beginning July 1, 2007, an amount not to exceed $43,862,850 shall be deposited in the Department of Community Colleges and Workforce Development Deferred Maintenance and Capital Repair Project Fund established by section 15 of this 2009 Act.

SECTION 15. (1) The Department of Community Colleges and Workforce Development Deferred Maintenance and Capital Repair Project Fund is established separate and distinct from the General Fund. Interest earned by the Department of Community Colleges and Workforce Development Deferred Maintenance and Capital Repair Project Fund shall be credited to the fund.

(2) Net proceeds of lottery bonds issued pursuant to section 14 of this 2009 Act shall be deposited into the Department of Community Colleges and Workforce Development Deferred Maintenance and Capital Repair Project Fund. Moneys in the fund are continuously appropriated to the Department of Community Colleges and Workforce Development for the purpose of making grants to community college districts for deferred maintenance, capital renewal, code compliance and safety projects.

SECTION 16. Notwithstanding any other law limiting expenditures, the following amounts are established for the biennium beginning July 1, 2007, as the maximum limit for payment of expenses under this section from bond proceeds collected or received by the Department of Community Colleges and Workforce Development for community college districts for deferred maintenance, capital renewal, code compliance and safety projects:

____________________________________________________________________________

Lottery

Bonds

(1) Blue Mountain Community

College $ 2,055,500

(2) Central Oregon Community

College $ 2,822,250

(3) Chemeketa Community

College $ 2,982,500

(4) Clackamas Community

College $ 62,000

(5) Clatsop Community College $ 1,875,000

(6) Columbia Gorge Community

College $ 1,595,000

(7) Klamath Community College $ 1,600,000

(8) Lane Community College $ 8,000,000

(9) Linn-Benton Community

College $ 1,844,750

(10) Mt. Hood Community College $ 3,850,000

(11) Oregon Coast Community

College $ 500,000

(12) Portland Community College $ 3,087,500

(13) Rogue Community College $ 4,000,000

(14) Southwestern Oregon

Community College $ 4,000,000

(15) Tillamook Bay Community

College $ 175,000

(16) Treasure Valley

Community College $ 1,413,350

(17) Umpqua Community College $ 4,000,000

____________________________________________________________________________

SECTION 17. ORS 341.725 is amended to read:

341.725. (1) The Community College Capital Construction Fund is established separate and distinct from the General Fund. Interest earned on moneys in the Community College Capital Construction Fund shall be credited to the fund.

(2) Moneys in the Community College Capital Construction Fund are appropriated continuously to the Department of Community Colleges and Workforce Development and may be disbursed by the department [for the construction, remodeling, expansion and renovation of facilities] to construct, improve, repair, equip and furnish buildings, structures and projects, or parts thereof, and to purchase or improve sites therefor, at community colleges pursuant to grant agreements entered into between the department and community college districts under ORS 341.735.

SECTION 18. ORS 341.728 is amended to read:

341.728. (1) The Community College Bond Building Fund is established separate and distinct from the General Fund.

(2) The Community College Bond Building Fund shall consist of moneys realized from the sale of bonds issued pursuant to Article XI-G of the Oregon Constitution for the benefit of community college districts under ORS 341.721.

(3) Moneys in the Community College Bond Building Fund are appropriated continuously to the Department of Community Colleges and Workforce Development and may be disbursed by the department [for the construction, remodeling, expansion and renovation of facilities] to construct, improve, repair, equip and furnish buildings, structures and projects, or parts thereof, and to purchase or improve sites therefor, at community colleges pursuant to grant agreements entered into between the department and community college districts under ORS 341.735.

(4) Moneys in the Community College Bond Building Fund may be invested as provided in ORS 286A.025 until needed for disbursement under subsection (3) of this section. If a surplus remains in the fund after disbursement, the surplus and earnings from temporary investments shall be credited to the Community College Bond Sinking Fund.

SECTION 19. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on its passage.

Approved by the Governor February 5, 2009

Filed in the office of Secretary of State February 5, 2009

Effective date February 5, 2009

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