68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
SA to HB 2157
LC 730
SENATE AMENDMENTS TO
HOUSE BILL 2157
By COMMITTEE ON LABOR AND GOVERNMENT OPERATIONS
April 19
On page 1 of the printed bill, line 3, after '246.170, ' insert
'246.570, 246.580, 246.590, 246.600, 246.610,' and after '
692.285;' delete the rest of the line and insert ' appropriating
money; and declaring an emergency.'.
On page 8, delete lines 6 through 10 and insert:
' { + SECTION 13. + } { + (1) Sections 1 to 12 and 14 of
this Act become operative July 1, 1995.
' (2) Sections 15 to 20 of this Act become operative on the
91st day after the date on which the regular session of the
Sixty-eighth Legislative Assembly adjourns sine die.
' (3) The Secretary of State and State Treasurer may take any
action before the operative dates of this Act that is necessary
to enable the Secretary of State or State Treasurer to exercise,
on and after the operative dates of this Act, all the duties,
functions and powers conferred on the Secretary of State or State
Treasurer by this Act. + } ' .
On page 9, after line 4, insert:
' { + SECTION 15. + } ORS 246.570 is amended to read:
' 246.570. (1) The Secretary of State may enter into an
agreement, for a term of not more than { - one year - } { +
five years + }, with any county within the state for the
{ - rental - } { + sale to the county + } of approved voting
machines or vote tally systems { + or computers or computer
systems described in ORS 246.590 + } { - to the county - }
. { + The agreement shall include a provision creating a
security interest for the Secretary of State in the voting
machines or vote tally systems or computers or computer systems.
The security interest shall not be released until the sale is
completed and the terms of the sale agreement are satisfied. + }
' (2) The Secretary of State on having entered into an
agreement with a county may purchase the necessary voting { +
machines + } or vote tally systems { + or computers or computer
systems + } using money made available under the provisions of
ORS 246.590.
' { + SECTION 16. + } ORS 246.580 is amended to read:
' 246.580. The { - rental - } { + sale + } agreement shall
provide { + for + }:
' (1) Annual { - rental - } payments { - , - } { + of + }
not less than 20 percent of the cost of the voting { - machine
or vote tally system - } { + machines or vote tally systems or
computers or computer systems, plus interest + }, payable on or
before December 15.
' (2) { - That - } { + Payment by the county of + }
maintenance, { + supplies, + } storage and transportation costs
of the { - machines or system are to be paid by the county - }
{ + voting machines or vote tally systems or computers or
computer systems + }.
' { - (3) That, if the rental agreement is renewed by the
county from year to year, after the completion of the fifth year
of rental the title to the voting machines or vote tally system
shall be transferred by the Secretary of State to the county. - }
' { + SECTION 17. + } ORS 246.590 is amended to read:
' 246.590. (1) The State Treasurer, in the capacity of
investment officer for the Oregon Investment Council, may lend
moneys in the investment funds as provided in ORS 293.701 to
293.820 for the acquisition of:
' (a) The voting machines or vote tally systems { + that the
Secretary of State has + } { - which counties have - }
contracted to { + sell to a county. + } { - rent. The money
lent under this paragraph shall be deposited in the Voting
Machine Acquisition Account in the General Fund, which account is
created. Money in the account is appropriated for the purchase of
voting machines or vote tally systems. - }
' (b) Computers or computer systems for the purpose of
maintaining and updating elector registration files or for
establishing cross-county elector registration files { + ,
including those that the Secretary of State has contracted to
sell to a county + }. { - Money lent under this paragraph shall
be deposited in the Operating Account described in ORS 56.041 and
is appropriated for the purchase of computers or computer systems
described in this paragraph. - }
' (2) { + The Voting Machine Account is established in the
General Fund. Money lent under this section shall be deposited in
the Voting Machine Account and is appropriated for the purchase
of voting machines or vote tally systems or computers or computer
systems described in subsection (1) of this section. + } Money
lent under this section shall be repaid within five years
together with interest at a rate agreed upon by the State
Treasurer and the Secretary of State. { - The payments shall be
made in amounts that are at least sufficient to reduce the
outstanding principal to an amount equal to one-fifth the amount
originally advanced multiplied by number of years remaining in
the five-year repayment schedule. Separate repayment schedules
shall be prepared for money advanced each year. - }
' { + SECTION 18. + } ORS 246.600 is amended to read:
' 246.600. All { - rentals - } { + payments + } collected
from the counties { + from the sale of voting machines,
computers or vote tally or computer systems + } shall be
deposited in the Voting Machine { - Sinking Fund Account, which
account is established. All money on hand in the account at
December 31 of each year - } { + Account. An amount of money
equal to the amount of payments collected from the counties from
the sale of voting machines, computers or vote tally or computer
systems during the calendar year, plus interest at a rate agreed
upon by the State Treasurer and the Secretary of State, + } shall
be paid to the State Treasurer as the repayment of money advanced
{ - under ORS 246.590 - } { + for the acquisition of voting
machines, computers or vote tally or computer systems + }. { +
Payment shall be made to the State Treasurer not later than
December 31 of each year. + }
' { + SECTION 19. + } ORS 246.610 is amended to read:
' 246.610. In the event that there is not sufficient money in
the Voting Machine { - Sinking Fund - } Account { + from
payments collected from the counties from the sale of voting
machines, computers or vote tally or computer systems + } on
December 31 of { - any year to meet the repayment schedule as
provided in ORS 246.590 - } { + the fifth year following a loan
for the acquisition of voting machines, computers or vote tally
or computer systems + }, there is appropriated from the General
Fund an amount sufficient { - which - } { + that + } together
with the money in the Voting Machine { - Sinking Fund - }
Account will provide an amount sufficient to { - make the
scheduled payment - } { + repay the loan + }.
' { + SECTION 20. + } { + (1) Except as provided in this
section, the amendments to ORS 246.570, 246.580 and 246.590 by
sections 15, 16 and 17 of this Act do not apply to voting machine
or vote tally system rental agreements entered into prior to the
effective date of this Act.
' (2) Rental payments received by the Secretary of State under
ORS 246.600 from rental agreements entered into prior to the
effective date of this Act, and that prior to the effective date
of this Act would have been deposited in the Voting Machine
Sinking Fund Account, shall be deposited in the Voting Machine
Account.
' (3) After the expiration of a rental agreement entered into
prior to the effective date of this Act, ORS 246.570, 246.580 and
246.590, as amended by sections 15, 16 and 17 of this Act, shall
apply.
' (4)(a) The Voting Machine Acquisition Account, created in ORS
246.590 (1993 Edition), and the Voting Machine Sinking Fund
Account, established in ORS 246.600 (1993 Edition), are
abolished.
' (b) Amounts remaining unexpended and unobligated in the
Voting Machine Acquisition Account, created in ORS 246.590 (1993
Edition), and the Voting Machine Sinking Fund Account,
established in ORS 246.600 (1993 Edition), are transferred to the
Voting Machine Account created in ORS 246.590 as amended by
section 17 of this Act.
' (c) Any amount transferred under paragraph (b) of this
subsection is appropriated for the purposes described in ORS
246.590 and 246.600, as amended by sections 17 and 18 of this
Act. Any statutory dedication or reservation for particular
purposes of any amount transferred shall continue.
' (d) Any amount transferred under this subsection may be used
as other moneys in the account are used, and to pay amounts
previously obligated.
' (e) Any provision of law requiring payment into the Voting
Machine Acquisition Account or the Voting Machine Sinking Fund
Account shall continue to require payment into the Voting Machine
Account. For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Voting Machine
Acquisition Account or the Voting Machine Sinking Fund Account,
wherever they appear in Oregon Revised Statutes, words
designating the Voting Machine Account. + }
' { + SECTION 21. + } { + This Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Act takes effect on its
passage.'. + }
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