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461.546 is repealed.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. + } ' .
                         ----------