68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session SA to HB 5035 LC 9035 SENATE AMENDMENTS TO HOUSE BILL 5035 By JOINT COMMITTEE ON WAYS AND MEANS June 9 On ****************************page 1 of the printed bill, line 2, after the semicolon insert 'creating new provisions; amending ORS 461.544 and 461.725 and section 6, chapter 722, Oregon Laws 1991; repealing ORS 461.546 and section 44, chapter 765, Oregon Laws 1993; appropriating money; limiting expenditures;'. Delete lines 4 through 29 and ****************************page 2 and insert: { + ' GAMBLING ADDICTION TREATMENT + } ' **************************** { + SECTION 1. + } { + The Legislative Assembly finds that emotional and behavioral problems related to gambling may impose additional costs on state government and on the state economy, such as additional mental health expenditures, increased law enforcement costs and lost economic output. The use of a portion of the net receipts from video lottery games to pay the costs of preventing and treating emotional and behavioral problems related to gambling promotes the creation of jobs and this state's economic development by offsetting and treating the negative economic consequences of such behavior. + } ' **************************** { + SECTION 2. + } { + Notwithstanding any other law, there is appropriated to the Executive Department Economic Development Fund, out of the General Fund, the sum of $2,574,788 as repayment of lottery moneys distributed under ORS 461.546 (1) (1993 Edition). + } ' **************************** { + SECTION 3. + } ORS 461.725 is amended to read: ' 461.725. Out of the funds available to the Oregon State Lottery Commission to meet the administrative expenses of the Oregon State Lottery, the lottery commission shall employ or contract for at least three undercover enforcement officers to enforce the prohibition on gray machines imposed by ORS 162.305, 164.377, 166.715, 167.117, 167.164, 167.166, 167.715, 461.210, 461.215, 461.217, 461.400, 461.445, 461.535, { - 461.546, - } 461.548, 461.725 and 464.250. ' **************************** { + SECTION 4. + } { + ORS 461.546 is repealed. + } { + ' EFFECTS OF ALLOCATIONS + } ' **************************** { + SECTION 5. + } { + Effective July 1, 1995, and thereafter during the 1995-1997 biennium, 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 Executive Department Economic Development Fund. + } ' **************************** { + SECTION 6. + } { + All moneys in the Executive Department Economic Development Fund as of July 1, 1995, and thereafter shall be reserved to meet the commitments of this Act. + } ' **************************** { + SECTION 7. + } { + The allocation of the Executive Department Economic Development Fund made by this Act shall supersede, replace and be in lieu of any allocation of such funds in prior years. + } { + ' CAPITAL CONSTRUCTION TRUST FUND + } ' **************************** { + SECTION 8. + } { + Except for moneys that are obligated or necessary for any previous commitment of moneys in the fund, effective July 1, 1995, all moneys in the Capital Construction Trust Fund, including interest earnings thereon, are transferred to the Executive Department Economic Development Fund. + } ' **************************** { + SECTION 9. + } ORS 461.544 is amended to read: ' 461.544. { - (1) - } All net proceeds from video lottery games shall be allocated to the Executive Department Economic Development Fund. ' { - (2) An amount equal to the net proceeds of video lottery games after filling the requirements of sections 72 and 74, chapter 461, Oregon Laws 1991, shall be allocated to the Capital Construction Trust Fund. - } { + ' ALLOCATIONS + } ' { + **************************** SECTION 10. + } { + There is allocated, from the Executive Department Economic Development Fund, the following amounts to the following agencies: + } ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ { + ' (1Department of Education Operations..........3,686,850 ' (2Department of Education Grants-in-Aid.......1,900,000 ' (3Stat....................$536,999,000 ' (4Department of Higher Education..........26,745,000 ' (5Oregon Office of Educational Policy and Planning.3,162,252 ' (6Oregon State Scholarship Commission...........$ 50,000 ' (7Department of Human Resources ' (aAdult and Family Services Division..54,501,990 ' (bHeal....................$160,000 ' (8Economic Development Department.........74,693,984 ' (9Empl....................$800,000 ' (1Housing and Community Services Department.6,500,000 ' (1State Department of Agriculture......6,237,030 ' (1Department of Environmental Quality.............5,634,834 ' (1State Department of Fish and Wildlife........2,502,761 ' (1Department of Land Conservation and Development......$843,646 ' (1State Parks and Recreation Department...........$907,000 ' (1Water Resources Department..........7,280,245 ' (1Department of Transportation.....21,181,828 ' (1Oregon Military Department..........1,472,050 ' (1Oregon Department of Administrative Serv12,803,000 ' (2Oreg....................$ 300,000 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ' **************************** { + SECTION 11. + } { + (1) The Oregon Racing Commission shall distribute the lottery revenues allocated to the commission by section 10 (20) of this Act in accordance with applications made for such distribution by the organizations listed in section 32 of this Act ' (2) If all of the lottery revenues allocated to the Oregon Racing Commission under section 10 (20) of this Act are not distributed by the commission prior to June 30, 1997, such undistributed moneys shall on that date be transferred to the Oregon County Fair Account created by section 1, chapter ___, (Enrolled House Bill 3002), to be expended as other moneys in the account are expended. + } ' **************************** { + SECTION 12. + } { + If House Bill 3411 becomes law, then notwithstanding any other law, there is allocated to the Oregon Racing Commission, from the Executive Department Economic Development Fund, in addition to the amount allocated under section 10 (20) of this Act, the amount of $500,000. + } ' { + CHANGES TO EXPENDITURE LIMITATIONS + } ' **************************** { + SECTION 13. + } { + Notwithstanding any other law, the limitation on expenditures established by section 4 (2), chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 5521), for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses for South North Light Rail from lottery moneys allocated to the Department of Transportation is reduced by $3 million. + } ' **************************** { + SECTION 14. + } { + **************************** + } { + In addition to and notwithstanding any other law, the following amounts are established for the biennium beginning July 1, 1995, as the maximum limits for payment of expenses from lottery moneys allocated from the Executive Department Economic Development Fund to the Department of Transportation: + } ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ ' { + (1Covered Bridges and Historic Roads....288,500 + } ' { + (2Burn....................$100,000 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ' **************************** { + SECTION 15. + } Section 6, chapter 722, Oregon Laws 1991, is amended to read: ' { + Sec. 6. + } Sections 1 to 5 { + , chapter 722, Oregon Laws 1991, + } { - of this Act - } are repealed on { - October 1, 1995 - } { + December 31, 1999 + }. ' **************************** { + SECTION 16. + } { + In addition to and notwithstanding any other law, the amount of $160,000 is established for the biennium beginning July 1, 1995, as the maximum limit for the payment of expenses from lottery moneys allocated from the Executive Department Economic Development Fund to the Department of Human Resources, Health Division, for fire and rescue medical training for eastern Oregon. + } ' **************************** { + SECTION 17. + } { + In addition to and notwithstanding any other law, the following amounts are established for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses from lottery funds allocated from the Executive Department Economic Development Fund to the State Parks and Recreation Department: + } ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ { + ' (1Maintenance of Desert Storm Memorial.......$ 7,000 ' (2' End of the Oregon Trail' $.........100,000 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ' **************************** { + SECTION 18. + } { + In addition to and notwithstanding any other law, the following amounts are established for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses from lottery funds allocated from the Executive Department Economic Development Fund to the Department of Education: + } ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ { + ' (1Oregon Museum of Science and Industry.$500,000 ' (2Education Reform Grant-in Aid........6,850,000 ' (3Education Reform Operations......1,350,000 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ' **************************** { + SECTION 19. + } { + Notwithstanding any other law, the limitation on expenditures established by section 4, chapter ___, Oregon Laws 1995 (Enrolled House Bill 5001), for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses for Film and Video from lottery moneys allocated to the Economic Development Department is increased by $100,000. + } ' **************************** { + SECTION 20. + } { + In addition to and notwithstanding any other law, the amount of $48,000 is established for the biennium beginning July 1, 1995, as the maximum limit for the payment of expenses from lottery moneys allocated from the Executive Department Economic Development Fund to the State Department of Fish and Wildlife for the Coastal Salmon Restoration and Production Task Force created by section 2, chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 1127). + } ' **************************** { + SECTION 21. + } { + Notwithstanding any other law, the limitation on expenditures established by section 4, chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 5516), for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses from lottery moneys allocated to the Department of Environmental Quality is increased by $84,000 for completion of the Willamette Study. + } ' **************************** { + SECTION 22. + } { + In addition to and notwithstanding any other law, the amount of $93,000 is established for the biennium beginning July 1, 1995, as the maximum limit for the payment of expenses from lottery moneys allocated from the Executive Department Economic Development Fund to the Water Resources Department for development of the statewide water supply plan required under chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 297). + } ' **************************** { + SECTION 23. + } { + Notwithstanding any other law, the limitation on expenditures established by section 6 (1), chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 5512), for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses from lottery moneys allocated to the Housing and Community Services Department for the Housing Development Grant Program is increased by $1,000,000. + } ' **************************** { + SECTION 24. + } { + In addition to and notwithstanding any other law, the amount of $1,640,000 is established for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses from lottery funds allocated from the Executive Department Economic Development Fund to the Economic Development Department for distribution as follows: + } ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ { + ' (1The High Desert Museum, near Bend, Oregon....$250,000 ' (2Gorge Discovery Center, The Dalles, Oregon, in Wasco County......$200,000 ' (3Craterian Theater Renovation, Medford, Oregon...............$500,000 ' (4Portland Metropolitan Sports Authority.....$100,000 ' (5Advanced Navigation & Positioning Corporati$500,000 ' (6Worl....................$90,000 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ' **************************** { + SECTION 25. + } { + Notwithstanding any other law, the limitations on expenditures established by section 4, chapter ___, Oregon Laws 1995 (Enrolled House Bill 5011), for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses for Oregon Public Broadcasting from lottery moneys allocated to the Oregon Department of Administrative Services is increased by $500,000. + } ' **************************** { + SECTION 26. + } { + In addition to and notwithstanding any other law, the amount of $50,000 is established for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses by the State Scholarship Commission from the Executive Department Economic Development Fund for the purpose of funding the student community service program authorized under sections 40 to 43, chapter 765, Oregon Laws 1993. + } ' **************************** { + SECTION 27. + } { + Section 44, chapter 765, Oregon Laws 1993, is repealed. + } ' **************************** { + SECTION 28. + } { + If this Act does not become effective until after June 30, 1995, the repeal of section 44, chapter 765, Oregon Laws 1993, by section 27 of this Act revives sections 40 to 43, chapter 765, Oregon Laws 1993. If this Act does not become effective until after June 30, 1995, this Act shall be operative retroactively to that date, and the operation and effect of sections 40 to 43, chapter 765, Oregon Laws 1993, shall continue unaffected from June 30, 1995, to the effective date of this Act and thereafter. Any otherwise lawful action taken or otherwise lawful obligation incurred under the authority of sections 40 to 43, chapter 765, Oregon Laws 1993, after June 30, 1995, and before the effective date of this Act, is ratified and approved. + } ' **************************** { + SECTION 29. + } { + Notwithstanding any other law, the limitation on expenditures established by section 4, chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 5514), for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses from lottery moneys allocated to the State Department of Agriculture is increased by $100,000 for experimental milling. + } ' **************************** { + SECTION 30. + } { + Notwithstanding any other law, the limitation on expenditures established by section 4, chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 5514), for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses from lottery moneys allocated to the State Department of Agriculture is increased by $100,000 for the following purposes: + } ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ { + ' (1)Eastern Oregon Livestock Show.......$ 15,000 ' (2Mid-Columbia Livestock Show.......$ 20,000 ' (3Pacific International Junior Livestock Show.....65,000 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ' **************************** { + SECTION 31. + } { + If House Bill 3002 becomes law, then notwithstanding any other law, the limitation on expenditures established by section 4, chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 5514), for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses from lottery moneys allocated to the State Department of Agriculture is increased by $100,000 for distribution to the Oregon County Fair Account created by chapter ___, Oregon Laws 1995 (Enrolled House Bill 3002). + } ' **************************** { + SECTION 32. + } { + (1) In addition to and notwithstanding any other law, the amount of $300,000 is established for the biennium beginning July 1, 1995, as the maximum limit for payment of expenses from lottery moneys allocated from the Executive Department Economic Development Fund to the Oregon Racing Commission for the following purposes: ' (a) Racing activities conducted by the Eastern Oregon Livestock Show, the Crooked River Roundup and Fair Association, the Klamath County Fair, the Tillamook County Fair and the Harney County Fair. ' (b) Racing activities conducted by the Josephine County Fair and the Southern Oregon Horse Racing Association. ' (c) Racing activities conducted at the Oregon State Fair by any person licensed by the Oregon Racing Commission to operate a race meet. ' (2) The distribution of lottery moneys to the entities listed in subsection (1) of this section shall be based on applications from those entities to the Oregon Racing Commission that identify needs for replacement of anticipated purse receipts. Any moneys not distributed for such purpose by the Oregon Racing Commission during the biennium beginning July 1, 1995, will revert to the Oregon County Fair Account created by section 1, chapter ___ , Oregon Laws 1995 (Enrolled House Bill 3002). + } { + ' ADJUSTMENTS + } ' **************************** { + SECTION 33. + } { + (1) The Department of Administrative Services shall establish by rule a process for allocating available moneys in the Executive Department Economic Development Fund on a quarterly basis to fulfill the biennial allocations made in this Act. Except as provided in subsection (2) of this section, all quarterly allocations shall be set at one-eighth of the biennial allocations. ' (2) If, in any quarter, the moneys transferred from the State Lottery Fund to the Executive Department Economic Development Fund are insufficient to pay for the quarterly allocations established under this Act, the Department of Administrative Services shall: ' (a) Satisfy the debt service obligations for the Sewer Loan and Revolving Fund in the amount of $2,314,343 and the debt service obligations for Orphan Sites in the amount of $1,237,189, as authorized by section 4, chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 5516), prior to making any other allocations in this Act; and ' (b) Subject to paragraph (a) of this subsection, satisfy the debt service obligations for Westside Light Rail in the amount of $19,993,328, as provided in section 4 (1), chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 5521), prior to making any other allocations in this Act. ' (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 Executive Department Economic Development Fund are insufficient to pay for the remaining quarterly allocations established under this Act, those allocations shall be reduced proportionately in sufficient amounts to accommodate the revenue shortfall. + } { + ' STATE SCHOOL FUND + } ' **************************** { + SECTION 34. + } { + (1) Notwithstanding any other law: ' (a) The amount appropriated to the Department of Education by section 1, chapter ___, (Enrolled House Bill 5021), out of the General Fund, for the fiscal year beginning July 1, 1995, is reduced by $41,499,500. ' (b) The amount appropriated to the Department of Education by section 2, chapter ___, (Enrolled House Bill 5021), out of the General Fund, for the fiscal year beginning July 1, 1996, is reduced by $41,499,000. ' (2) Notwithstanding any other law: ' (a) The limitation on expenditures established by section 3, chapter ___, Oregon Laws 1995 (Enrolled House Bill 5021), for the fiscal year beginning July 1, 1995, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, including lottery funds, excluding federal funds, collected or received by the Department of Education for the State School Fund, is increased by $41,499,500. ' (b) The limitation on expenditures established by section 4, chapter ___, Oregon Laws 1995 (Enrolled House Bill 5021), for the fiscal year beginning July 1, 1996, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, including lottery funds, excluding federal funds, collected or received by the Department of Education for the State School Fund, is increased by $41,499,500. + } { + ' DISAPPROPRIATIONS + } ' **************************** { + SECTION 35. + } { + On July 1, 1995, the 1993-1995 allocations from the Executive Department Economic Development Fund made by chapter 765, Oregon Laws 1993, to the following agencies for the following purposes are reduced by the following amounts and such amounts are transferred to the Executive Department Economic Development Fund: + } ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ { + ' (1Economic Development Department: ' (aWork....................$500,000 ' (bRegi....................$500,000 ' (2Fore....................$2,143,950 ' (3Department of Transportation, High Speed Rail.....6,000,000 ' (4Office of Educational Policy and Planning, Workforce Quality Cou$c32,232 ' (5State Scholarship Commission, Student Community Service..10,900 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ { + ' CONDITIONAL ALLOCATIONS + } ' **************************** { + SECTION 36. + } { + (1) Subject to sections 37 and 38 of this Act, in addition to and notwithstanding any other law, there is allocated, from the Executive Department Economic Development Fund, to the Department of Higher Education, an amount not to exceed $25,169,000 in the following amounts for the following purposes: + } ____NOTE_TO_GOPHER_CUSTOMERS:__________________________________ THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR. FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE. _______________________________________________________________ ' { + (aDepartment of Higher Education System Repair and Renovation.....11,250,000 ' (b) Construction of Forensic Laboratory at the Business, Math, Computer Science and Forensic Building at Western Oregon State College.......3,100,000 ' (c) Construction of Greenhouse at Oregon State Universi$319,000 ' (d) Construction of Portland State University Urban Cen3,500,000 ' (eSecond Year Tuition Increase Freeze.....3,500,000 ' (fConstruction of Riverfront Research Park Business Incubator Project at the University of Oregon.......3,500,000 + } ____________________________________________________________ END OF POSSIBLE IRREGULAR TABULAR TEXT ____________________________________________________________ ' { + (2) Notwithstanding any other law, to the extent that moneys allocated under subsection (1) of this section are distributed to the Department of Higher Education, the department shall not issue Article XI-G bonds authorized by section 14 (1), chapter ___, Oregon Laws (Enrolled Senate Bill 5555), for the purpose set forth in section 2 (1)(a), chapter ___, Oregon Laws 1995 (Enrolled Senate Bill 5555). + } ' **************************** { + SECTION 37. + } { + (1) The lottery moneys allocated by section 36 of this Act shall be distributed to the Department of Higher Education only after the Department of Administrative Services reports to the first scheduled meeting of the Emergency Board following the June 1996 economic and revenue forecast of General Fund and State Lottery Fund revenues under ORS 291.348 that: ' (a) The balance of moneys appropriated to the Emergency Board for unspecified purposes is $15 million or more; ' (b) The Oregon economic and revenue forecast for the General Fund is at least 100 percent of the official close of session revenue forecast given to the Legislative Assembly; and ' (c) The Oregon economic and revenue forecast for lottery revenues in the Executive Department Economic Development Fund are estimated to be at least $7 million more than the amount specified in the official close of session forecast given to the Legislative Assembly. ' (2) If the conditions described in subsection (1) of this section are satisfied, the lottery moneys allocated by section 36 of this Act shall be equal to 50 percent of the amount by which lottery revenues exceed the amount specified in the official close of session revenue forecast given to the Legislative Assembly. + } ' **************************** { + SECTION 38. + } { + (1) If the estimated lottery revenues available for distribution under section 37 of this Act are less than $25,169,000, the lottery revenues distributed to the Department of Higher Education, to a maximum amount of $3.5 million, shall first be applied for the purpose of a second year tuition freeze. ' (2) If, for any calendar quarter following the allocation of lottery moneys to the Department of Higher Education under section 36 of this Act, lottery revenues are insufficient to meet revenue estimates, the Department of Administrative Services shall reduce the distribution of lottery moneys to the Department of Higher Education by an amount that is equal to the reduction in lottery revenues. ' (3) The Department of Higher Education shall determine by rule the policy and method for distributing the reduced allocations. + } ' **************************** { + SECTION 39. + } { + 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. + } ' . ----------