Bill Text: OR HB3348 | 2013 | Regular Session | Introduced
Bill Title: Relating to transportation projects; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3348 Detail]
Download: Oregon-2013-HB3348-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3143
House Bill 3348
Sponsored by Representative HOYLE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires that 18 percent of net proceeds from Oregon State
Lottery be deposited in Multimodal Transportation Fund. Expands
use of fund.
Directs Department of Transportation, after consultation with
Oregon Department of Aviation, to administer aeronautic and
airport transportation projects selected from projects to be
funded with moneys in Multimodal Transportation Fund.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to transportation projects; creating new provisions;
amending ORS 367.080, 367.082, 367.084, 367.086, 461.510 and
461.540; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 461.510 is amended to read:
461.510. (1) All money payable to the { + Oregon State
Lottery + } Commission shall be deposited in a fund { + created
under ORS 461.530 and + } known as the { + Oregon + } State
Lottery Fund. The { + Oregon + } State Lottery Fund shall
receive all proceeds from the sale of lottery tickets or shares,
the temporary loan for initial start-up costs and all other
moneys credited to the Oregon State Lottery from any other
lottery-related source. The { + Oregon + } State Lottery Fund is
continuously appropriated { + to the Director of the Oregon
State Lottery + }for the purpose of administering and operating
the commission and the state lottery.
(2) Disbursements shall be made from the { + Oregon + } State
Lottery Fund for any of the following purposes:
(a) The payment of prizes to the holders of valid winning
lottery tickets or shares;
(b) Expenses of the commission and the state lottery;
(c) Repayment of any funds advanced from the temporary loan for
initial start-up costs and the interest on any such funds
advanced; and
{ - (d) Transfer of funds from the State Lottery Fund to the
benefit of the public purpose described in section 4, Article XV
of the Constitution of the State of Oregon. - }
{ + (d) Transfer of the net proceeds from the Oregon State
Lottery from the Oregon State Lottery Fund to the Administrative
Services Economic Development Fund established in ORS 461.540 for
the public purposes described in Article XV, section 4, of the
Oregon Constitution. + }
(3) As nearly as practical, at least 50 percent of the total
projected revenue, computed on a year-round basis, accruing from
the sales of all state lottery tickets or shares shall be
apportioned for payment of prizes.
(4) Expenses of the state lottery shall include all costs
incurred in the operation and administration of the state lottery
and all costs resulting from any contracts entered into for the
purchase or lease of goods or services required by the commission
including, but not limited to, the costs of supplies, materials,
tickets, independent audit services, independent studies, data
transmission, advertising, promotion, incentives, public
relations, communications, compensation paid to lottery game
retailers, bonding for lottery game retailers, printing,
distribution of tickets and shares, reimbursing other
governmental entities for services provided to the state lottery,
transfers to a contingency reserve, and for any other goods and
services necessary for effectuating the purposes of this chapter.
No more than 16 percent of the total annual revenues accruing
from the sale of all lottery tickets and shares from all lottery
games shall be allocated for the payment of the expenses of the
state lottery. The commission shall determine the amount
necessary for a reasonable contingency reserve within the amount
allocated for payment of expenses.
(5) The state lottery shall pay all prizes and all of its
expenses out of the revenues it receives from the sale of tickets
and shares to the public and turn over the net proceeds therefrom
to a fund to be established by the Legislative Assembly from
which the Legislative Assembly shall make appropriations for the
benefit of the public { - purpose described in section 4,
Article XV of the Constitution of the State of Oregon - } { +
purposes described in Article XV, section 4, of the Oregon
Constitution + }.
(6) Moneys in the { + Oregon + } State Lottery Fund may be
invested as provided in ORS 293.701 to 293.820. Interest earned
by the fund shall be credited to the fund.
SECTION 2. ORS 461.540 is amended to read:
461.540. (1) There is established in the General Fund of the
State Treasury the Administrative Services Economic Development
Fund. All moneys transferred { + pursuant to ORS 461.510 + }
from the { + Oregon + } State Lottery Fund, interest earnings
credited to this fund and other moneys authorized to be
transferred to this fund from whatever source are appropriated
continuously { + to the Oregon Department of Administrative
Services + } for any of the following public purposes:
(a) Creating jobs;
(b) Furthering economic development { - in Oregon; or - }
{ + ; + }
(c) Financing public education { + in Oregon; or
(d) Restoring and protecting Oregon's parks, beaches,
watersheds and native fish and wildlife + }.
{ - (2) Moneys shall be transferred from the Administrative
Services Economic Development Fund to: - }
{ - (a) The Education Stability Fund established under ORS
348.696 as described in section 4, Article XV of the Oregon
Constitution; and - }
{ - (b) The School Capital Matching Fund established under
ORS 286A.806 as described in section 4, Article XI-P of the
Oregon Constitution. - }
{ + (2) Subject to subsection (3) of this section, for the
benefit of the public purposes described in Article XV, section
4, Oregon Constitution:
(a) Up to 18 percent of the net proceeds from the state lottery
must be transferred, as required by Article XV, section 4 (4)(d)
and (5), Oregon Constitution, to:
(A) The Education Stability Fund established in ORS 348.696
pursuant to Article XV, section 4, Oregon Constitution; and
(B) The School Capital Matching Fund established in ORS
286A.806 pursuant to Article XI-P, section 4, Oregon
Constitution; and
(b) Fifteen percent of the net proceeds from the state lottery
must be transferred as required by Article XV, section 4 (8),
Oregon Constitution, to the Parks and Natural Resources Fund
established in ORS 541.940 pursuant to Article XV, section 4,
Oregon Constitution.
(3) Pursuant to Article XV, section 4 (4)(d), Oregon
Constitution, the transfer of moneys from the Administrative
Services Economic Development Fund, including transfers described
in subsection (2) of this section, may be made only after payment
or satisfaction of:
(a) All liens, pledges and other obligations relating to
lottery bonds or refunding lottery bonds issued under ORS
286A.560 to 286A.585 as they become due or payable; and
(b) Amounts required by any other pledges of, or liens on, net
proceeds from the state lottery.
(4) In each biennium beginning on or after July 1, 2013, the
Oregon Department of Administrative Services shall transfer from
the Administrative Services Economic Development Fund to the
Multimodal Transportation Fund established under ORS 367.080 an
amount equal to 18 percent of the net proceeds from the state
lottery transferred from the Oregon State Lottery Fund pursuant
to ORS 461.510 (2)(d). + }
{ - (3) - } { + (5) + } As used in this section and
{ - section 4, - } Article XV { + , section 4, + } { - of
the - } Oregon Constitution:
(a) 'Creating jobs' includes, but is not limited to:
(A) Supporting the creation of new jobs in Oregon;
(B) Helping prevent the loss of existing jobs in Oregon;
(C) Assisting with work transition to new jobs in Oregon; or
(D) Training or retraining workers.
(b) 'Education' includes, but is not limited to, { - the
Education Stability Fund established under ORS 348.696 and - }
specific programs that support the following:
(A) Prekindergartens;
(B) Elementary and secondary schools;
(C) Community colleges;
(D) Higher education;
(E) Continuing education;
(F) Workforce training and education programs; or
(G) Financial assistance to Oregon students.
(c) 'Furthering economic development' includes, but is not
limited to, providing:
(A) Services or financial assistance to for-profit and
nonprofit businesses located or to be located in Oregon;
(B) Services or financial assistance to business or industry
associations to promote, expand or prevent the decline of their
businesses; or
(C) Services or financial assistance for facilities, physical
environments or development projects, as defined in ORS 285B.410,
that benefit Oregon's economy.
SECTION 3. { + The Legislative Assembly finds that use of net
proceeds from the Oregon State Lottery to finance transportation
projects, described in ORS 367.080, pursuant to ORS 461.540 is
essential to furthering economic development of this state, and
the use of net lottery proceeds is authorized based on the
following findings:
(1) There is an urgent need to improve and expand publicly
owned and privately owned transportation infrastructure to
support economic development in this state.
(2) A safe, efficient and reliable transportation network
supports the long-term economic development and livability of
this state.
(3) A multimodal network of air, rail, public transit, highway
and marine transportation moves people and goods efficiently.
(4) Local governments and private sector businesses often lack
capital and the technical capacity to undertake multimodal
transportation projects.
(5) Public financial assistance can stimulate industrial growth
and commercial enterprise and promote employment opportunities in
this state.
(6) Public investment in transportation infrastructure will
create jobs and further economic development in this state.
(7) The use of lottery proceeds as provided in this section
will create jobs, further economic development, finance public
education or restore and protect parks, beaches, watersheds and
native fish and wildlife within this state, and the use of
lottery proceeds for the purpose described in this section is
therefore an appropriate use of state lottery funds under Article
XV, section 4, of the Oregon Constitution, and ORS 461.510. + }
SECTION 4. { + Section 3 of this 2013 Act applies to proceeds
derived from the operation of the Oregon State Lottery in the
2013-2015 biennium and subsequent biennia. + }
SECTION 5. ORS 367.080 is amended to read:
367.080. (1) As used in ORS 367.080 to 367.086, '
transportation project' has the meaning given that term in ORS
367.010.
(2) The Multimodal Transportation Fund is established separate
and distinct from the General Fund. Earnings on moneys in the
Multimodal Transportation Fund shall be deposited into the fund.
Moneys in the Multimodal Transportation Fund are continuously
appropriated to the Department of Transportation for the purposes
described in subsection (3) of this section and in ORS 367.086.
(3) The department shall use moneys in the Multimodal
Transportation Fund to provide grants and loans for
transportation projects as provided in ORS 367.080 to
367.086. { + + }Grants and loans may be provided only for
projects that involve one or more { - of the following - }
modes of transportation { - : - } { + described in subsections
(4) and (5) of this section.
(4) Fifty percent of the moneys in the Multimodal
Transportation Fund shall be used to provide grants and loans for
projects that involve one or more of the following modes of
transportation: + }
(a) Air;
(b) Marine; { + and + }
(c) Rail { + other than passenger rail. + } { - ; and - }
{ - (d) Public transit. - }
{ + (5) Fifty percent of the moneys in the Multimodal
Transportation Fund shall be used to provide grants and loans for
projects that involve one or more of the following modes of
transportation:
(a) Public transit;
(b) Passenger rail;
(c) Bicycle; and
(d) Pedestrian. + }
{ - (4) - } { + (6) + } All moneys received by the
department as interest on loans made under this section and as
repayment of principal of loans made under this section shall be
deposited into the Multimodal Transportation Fund.
SECTION 6. ORS 367.082 is amended to read:
367.082. (1) Except as provided in subsection (2) of this
section, the Department of Transportation may provide, from
moneys in the Multimodal Transportation Fund established by ORS
367.080:
(a) Grants for transportation projects to public bodies, as
defined in ORS 174.109, and to private entities; and
(b) Loans for transportation projects to public bodies, as
defined in ORS 174.109, and to private entities.
(2) Grants and loans may not be made from the Multimodal
Transportation Fund for transportation projects { + described in
ORS 367.080 (4) + } that could constitutionally be funded by
revenues described in { + Article IX, + } section 3a,
{ - Article IX - } of the Oregon Constitution.
(3) The Department of Transportation shall adopt rules:
(a) Specifying the process by which a public body or private
entity may apply for a loan under this section and prescribing
the terms and conditions of loans, including but not necessarily
limited to interest rates and repayment schedules; and
(b) Specifying the process by which a public body or private
entity may apply for a grant under this section and prescribing
the terms and conditions of grants, including but not necessarily
limited to a requirement that the public body or private entity
receiving the grant provide at least 20 percent of the moneys
required for the transportation project.
SECTION 7. ORS 367.084 is amended to read:
367.084. (1) The Oregon Transportation Commission shall select
transportation projects to be funded with moneys in the
Multimodal Transportation Fund established by ORS 367.080.
(2)(a) Prior to selecting aeronautic and airport transportation
projects, the commission shall solicit recommendations from the
State Aviation Board.
(b) Prior to selecting freight transportation projects, the
commission shall solicit recommendations from the Freight
Advisory Committee.
(c) Prior to selecting public transit and rail projects, the
commission shall solicit recommendations from its public transit
and rail advisory committees.
(d) Prior to selecting marine projects, the commission shall
solicit recommendations from the Oregon Business Development
Department.
{ + (e) Prior to selecting bicycle and pedestrian projects,
the commission shall solicit recommendations from an advisory
committee selected by the department. + }
(3) In selecting transportation projects { + described in ORS
367.080 (4) + } the commission shall consider:
(a) Whether a proposed transportation project reduces
transportation costs for Oregon businesses or improves access to
jobs and sources of labor;
(b) Whether a proposed transportation project results in an
economic benefit to this state;
(c) Whether a proposed transportation project is a critical
link connecting elements of Oregon's transportation system that
will measurably improve utilization and efficiency of the system;
(d) How much of the cost of a proposed transportation project
can be borne by the applicant for the grant or loan from any
source other than the Multimodal Transportation Fund; and
(e) Whether a proposed transportation project is ready for
construction.
{ + (4) In selecting transportation projects described in ORS
367.080 (5) the commission shall consider:
(a) Whether a proposed project results in an economic benefit
to this state;
(b) Whether a proposed project improves community livability,
safety and environmental sustainability;
(c) Whether a proposed project provides increased mobility or
access to a transportation system;
(d) Whether a proposed project contributes to a healthy, active
lifestyle;
(e) How much of the cost of a proposed project could be paid by
the applicant from other sources; and
(f) Whether a proposed project is ready for construction.
(5) The commission shall distribute the moneys in the fund used
for projects described in ORS 367.080 (5) to each county based on
the county's population, as determined under ORS 190.510 to
190.610 for the year immediately preceding apportionment of the
moneys, relative to the total population of the state. + }
SECTION 8. ORS 367.086 is amended to read:
367.086. { - (1) - } The Oregon Transportation Commission
shall transfer moneys for aeronautic and airport transportation
projects selected under ORS 367.084 from the Multimodal
Transportation Fund to the { - Oregon Department of
Aviation - } { + Department of Transportation. The Department
of Transportation, after consultation with the Oregon Department
of Aviation + }, { - which - } shall administer the projects.
The amount transferred shall include moneys to pay administrative
costs incurred by the { - Oregon Department of Aviation - }
{ + Department of Transportation + } in carrying out the
provisions of ORS 367.080 to 367.086.
{ - (2) Except as provided in subsection (1) of this section,
the Department of Transportation shall administer all
transportation projects that are selected under ORS 367.084. The
department may use moneys from the Multimodal Transportation Fund
to pay administrative costs incurred by the department in
carrying out the provisions of ORS 367.080 to 367.086. - }
SECTION 9. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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