Bill Text: OR HB3387 | 2011 | Regular Session | Introduced

Oregon House Bill 3387 (Prior Session Legislation)

Introduced

Bill Title: Relating to the Trust for Cultural Development Account; declaring an emergency.

Sponsorship: Slight Partisan Bill (Republican 6-2)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3387 Detail]

Download: Oregon-2011-HB3387-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2469

                         House Bill 3387

Sponsored by Representative KENNEMER; Representatives ESQUIVEL,
  HUFFMAN, PARRISH, WEIDNER, WITT, Senator GIROD

                             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.

  Designates Trust for Cultural Development Account as trust
account exclusively for arts and culture purposes. Declares
legislative intent to create contractual obligation of state to
use moneys only for arts and culture purposes and to not transfer
moneys out of account for other uses.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the Trust for Cultural Development Account; creating
  new provisions; amending ORS 359.405; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 359.405 is amended to read:
  359.405. (1) The Trust for Cultural Development Account is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Trust for Cultural
Development Account shall be credited to the account. The primary
purpose of the account is to serve as a repository for both
public and private moneys designated to fund specific arts,
heritage and humanities programs.
   { +  (2) The Trust for Cultural Development Account is a trust
account exclusively for the uses and purposes declared in ORS
359.400 to 359.444. The State of Oregon declares that it has no
proprietary interest in the Trust for Cultural Development
Account and disclaims any right to claim contributions made to
the account from sources other than the General Fund. The
Legislative Assembly unambiguously expresses an intention to
create a contractual obligation of the state, to persons who pay
fees for deposit into the account or contribute moneys to the
account, to use the moneys in the account only for the purposes
declared in ORS 359.400 to 359.444 and commits to not transfer
the moneys in the account to any other fund or account to be used
for other purposes. This subsection does not impair the force or
effect of any law of this state specifically authorizing the
investment of moneys from the account. + }
    { - (2) - }   { + (3) + } All moneys in the Trust for
Cultural Development Account are appropriated continuously to the
Oregon Business Development Department for the Arts Program for
the purposes of ORS 359.400 to 359.444.

  SECTION 2.  { + The amendments to ORS 359.405 by section 1 of
this 2011 Act apply to moneys deposited in the Trust for Cultural
Development Account on or after the effective date of this 2011
Act. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
                         ----------