Bill Text: OR SB5506 | 2013 | Regular Session | Enrolled
Bill Title: Relating to state financial administration; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2013-08-08 - Effective date, July 29, 2013. [SB5506 Detail]
Download: Oregon-2013-SB5506-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 5506
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Oregon Department of
Administrative Services)
CHAPTER ................
AN ACT
Relating to state financial administration; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The amounts authorized, as provided by ORS
286A.035, for issuance of general obligation bonds of this state
during the 2013-2015 biennium are as follows: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
GENERAL OBLIGATION BONDS
General Fund Obligations
(1) Oregon University System
(Art. XI-G):
(a) Oregon State University:
(A) Strand Agricultural Hall
deferred maintenance $6,586,000
(B) Biofuels Demonstration
Project............ $4,000,000
(C) Classroom Building and Quad $32,500,000
(D) Cascades Campus Expansion $4,000,000
(E) Chemistry, Biology and
Environmental Engineering
Building........... $20,000,000
(b) Portland State University:
(A) School of Business. $10,000,000
(B) Stott Center renovations
and deferred maintenance $20,000,000
(c) University of Oregon:
(A) Straub and Earl Halls
classroom expansion $11,000,000
(B) Science Commons and
Research Library... $8,375,000
(d) Western Oregon University
New College of Education
Enrolled Senate Bill 5506 (SB 5506-A) Page 1
Facility........... $1,400,000
(2) Department of Community
Colleges and Workforce
Development (Art. XI-G) $125,081,600
(3) Department of Environmental
Quality (Art. XI-H) $10,000,000
(4) Oregon Business Development
Department (Art. XI-M) $15,000,000
(5) Oregon Business Development
Department (Art. XI-N) $15,000,000
(6) Oregon Department of
Administrative
Services (Art. XI-Q) $426,052,000
Dedicated Fund Obligations
(7) Department of Transportation
(Art. XI, section 7) $453,725,000
(8) Department of Veterans'
Affairs (Art. XI-A) $60,000,000
(9) Oregon University System
(Art. XI-F(1)):
(a) Systemwide:
(A) Capital renewal, code
compliance and safety $3,300,000
(B) Commercial paper... $15,000,000
(C) Student building fee
projects........... $20,000,000
(b) Oregon Institute of
Technology In Focus
Building acquisition $10,000,000
(c) Oregon State University:
(A) Student Experience Center $42,700,000
(B) New student residence hall $19,000,000
(C) Memorial Union East
Wing renovation.... $9,177,500
(D) Cascades campus expansion $4,000,000
(E) Housing and dining
facility upgrades.. $9,500,000
(d) Portland State University:
(A) Stott Center renovations
and deferred maintenance $2,000,000
(B) Land acquisition... $10,000,000
(e) Southern Oregon University:
(A) Cascade Hall replacement $7,000,000
(B) Student Recreation and
Fitness Center..... $20,000,000
(f) University of Oregon:
(A) Erb Memorial Union. $84,300,000
(B) Student Recreation
Center expansion and
renovation......... $50,250,000
(C) Housing expansion.. $84,750,000
(10)Water Resources Department
(Art. XI-I(1))..... $10,235,000
(11)Housing and Community
Services Department
(Art. XI-I(2))..... $25,000,000
(12)State Department
of Energy (Art. XI-J) $60,000,000
Total General Obligation
Bonds.............. $1,708,932,100 + }
Enrolled Senate Bill 5506 (SB 5506-A) Page 2
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END OF POSSIBLE IRREGULAR TABULAR TEXT
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' { + SECTION 2. + } { + The amounts authorized, as provided
by ORS 286A.035, for issuance of revenue bonds of this state
during the 2013-2015 biennium are as follows: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
REVENUE BONDS + }
{ +
Direct Revenue Bonds + }
{ +
Housing and Community
Services Department $150,000,000
Department of Transportation,
Oregon Transportation
Infrastructure Fund $20,400,000
Highway User Tax Bonds $846,690,000
Toll-backed Revenue Bonds $663,000,000
Oregon Business Development
Department......... $35,000,000
Oregon Department of
Administrative Services
lottery revenue bonds $157,557,715
State Department of Energy $20,000,000
Oregon University System $50,000,000
Total Direct Revenue
Bonds.............. $1,942,647,715
Pass-Through Revenue Bonds
Oregon Business Development
Department industrial
development bonds.. $65,000,000
Oregon Facilities Authority $450,000,000
Housing and Community
Services Department $150,000,000
Total Pass-Through Revenue
Bonds.............. $665,000,000
Total Revenue Bonds $2,607,647,715 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 3. { + The amount authorized, as provided by ORS
286A.035, for issuance of certificates of participation and other
financing agreements of this state during the 2013-2015 biennium
for the Oregon Department of Administrative Services is
$40,000,000. + }
SECTION 4. { + The amounts allocated for private activity
bonds, as provided in ORS 286A.615, are as follows: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled Senate Bill 5506 (SB 5506-A) Page 3
{ +
(1)For calendar year 2014,
the amount of $370,438,535
is allocated as follows:
(a) Oregon Business
Development Department $40,000,000
(b) Housing and Community
Services Department $125,000,000
(c) State Department of Energy $10,000,000
(d) Private Activity Bond
Committee.......... $195,438,535
(2) For calendar year 2015,
the amount of $370,438,535
is allocated as follows:
(a) Oregon Business
Development Department $40,000,000
(b) Housing and Community
Services Department $125,000,000
(c) State Department of Energy $10,000,000
(d) Private Activity Bond
Committee.......... $195,438,535
(3) If an increase in the state's population, a
sufficient increase in the region's Consumer
Price Index or a change in federal law allows
the private activity bond limit as set by the
Internal Revenue Code of 1986, as amended, to
exceed $370,438,535 during the 2014 calendar
year or $370,438,535 during the 2015 calendar
year, the increase is allocated to the Private
Activity Bond Committee. + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 5. { + (1) For purposes of Article XI-F(1), section 1,
of the Oregon Constitution, the Legislative Assembly determines
that the projects authorized to be financed pursuant to section 1
(9) of this 2013 Act with bonds issued under Article XI-F(1) of
the Oregon Constitution, will benefit higher education
institutions or activities.
(2) For purposes of Article XI-G, section 1, of the Oregon
Constitution, the Legislative Assembly determines that the
projects authorized to be financed pursuant to section 1 (1) and
(2) of this 2013 Act with bonds issued under Article XI-G of the
Oregon Constitution, will benefit higher education institutions
or activities or community colleges authorized by law to receive
state aid. + }
SECTION 6. { + Bonds authorized under section 1 (1) and (2) of
this 2013 Act may not be issued until the constructing authority
certifies to the State Treasurer that the constructing authority
has matching funds available for the same or similar purposes as
the Article XI-G bonds that will fund the grant or loan to the
constructing authority, that the match funds are not proceeds of
indebtedness incurred by the state under any article of the
Oregon Constitution, and that the match funds are available to
the constructing authority in an amount at least equal to the
amount of Article XI-G bond proceeds that the constructing
authority will receive. + }
SECTION 7. { + (1) The Department of Transportation may not
request and the State Treasurer may not issue any bonds for the
Interstate 5 Bridge Replacement Project until the conditions set
Enrolled Senate Bill 5506 (SB 5506-A) Page 4
forth in section 3 (4), chapter 4, Oregon Laws 2013 (Enrolled
House Bill 2800), have been satisfied.
(2) In lieu of the general obligation bonds authorized for the
Department of Transportation under section 1 (7) of this 2013
Act, the State Treasurer may issue up to $453,725,000 of revenue
bonds as provided in chapter 4, Oregon Laws 2013 (Enrolled House
Bill 2800). The amount of bonds authorized under section 1 (7) of
this 2013 Act for the Department of Transportation shall be
reduced, and the amount of bonds authorized under section 2 of
this 2013 Act for the Department of Transportation shall be
increased, by the amount of any revenue bonds issued in lieu of
the general obligation bonds authorized under section 1 (7) of
this 2013 Act. + }
SECTION 8. { + (1) Out of the amount specified in section 1
(6) of this 2013 Act, the State Treasurer may issue Article XI-Q
bonds in an amount not to exceed $15 million of net proceeds for
the purposes specified in subsection (3) of this section, plus an
amount estimated by the State Treasurer to pay estimated
bond-related costs.
(2)(a) Bonds may not be issued pursuant to this section unless:
(A) The Chief Justice of the Supreme Court has determined that:
(i) The courthouse with respect to which the bonds will be
issued has significant structural defects, including seismic
defects, that present actual or potential threats to human health
and safety;
(ii) Replacing the courthouse, whether by acquiring and
remodeling or repairing an existing building or by constructing a
new building, is more cost-effective than remodeling or repairing
the courthouse; and
(iii) Replacing the courthouse creates an opportunity for
colocation of the court with other public offices; and
(B) The Oregon Department of Administrative Services has
approved the project for which the bonds will be issued.
(b) The Oregon Department of Administrative Services, after
consultation with the Judicial Department, shall determine when
net proceeds are needed for the purposes described in subsection
(3) of this section and shall consult with the Judicial
Department regarding the sale of bonds to be issued pursuant to
this section.
(3) The State Treasurer shall deposit the net proceeds of bonds
issued pursuant to this section in the Oregon Courthouse Capital
Construction and Improvement Fund. The net proceeds and any
interest earnings may be used solely to finance costs related to
acquiring, constructing, remodeling, repairing, equipping or
furnishing courthouses or portions of courthouses that are owned
or operated by the State of Oregon.
(4) As used in ORS 286A.816 to 286A.826 with respect to this
section:
(a) 'Project agency' means the Judicial Department.
(b) 'Project fund' means the Oregon Courthouse Capital
Construction and Improvement Fund. + }
SECTION 9. { + (1)(a) Notwithstanding ORS 1.185, a county and
the state, acting by and through the Oregon Department of
Administrative Services on behalf of the Judicial Department, may
enter into a lease agreement or an intergovernmental agreement
with respect to a courthouse or portions of a courthouse that the
county is required to provide under ORS 1.185, pursuant to which
the state agrees to provide the property and services described
in ORS 1.185 (1)(a).
Enrolled Senate Bill 5506 (SB 5506-A) Page 5
(b)(A) An agreement entered into pursuant to this subsection
may include a requirement that the county transfer to the Oregon
Courthouse Capital Construction and Improvement Fund an amount
not less than 50 percent of the total estimated costs of a
project funded with bonds issued pursuant to section 8 of this
2013 Act with respect to the courthouse or portions of a
courthouse that are the subject of the agreement. The amount
transferred by a county pursuant to this paragraph may comprise
property tax revenues, bond proceeds or any other county moneys
singly or in any combination and proportion.
(B) The amount required to be transferred by the county under
this subsection may not be less than 75 percent of the total
estimated costs unless the project includes colocation of state
facilities in the courthouse.
(2) For purposes of section 8 of this 2013 Act, the state shall
be considered to operate a courthouse or portions of a courthouse
that are the subject of an agreement entered into pursuant to
subsection (1) of this section if, as applicable:
(a) The lease agreement conveys to the state a full leasehold
interest, including exclusive rights to control and use the
courthouse or portions of the courthouse that are typical of a
long-term lease, for a term that is at least equal to the term
during which the bonds issued pursuant to section 8 of this 2013
Act will remain outstanding.
(b) The intergovernmental agreement grants the state the
exclusive right to control and use the courthouse or portions of
the courthouse for a term that is at least equal to the term
during which the bonds issued pursuant to section 8 of this 2013
Act will remain outstanding. + }
SECTION 10. { + Notwithstanding any provision of law:
(1) General obligation bonds authorized to be issued under
Article XI-G of the Oregon Constitution prior to January 1, 2013,
for community college projects must be issued not later than June
30, 2015. Project approvals for general obligation bonds
authorized to be issued under Article XI-G of the Oregon
Constitution prior to January 1, 2013, for community college
projects, expire on June 30, 2015.
(2) A community college may not have more than one project
approved for funding with general obligation bonds authorized to
be issued under Article XI-G of the Oregon Constitution that is
awaiting matching funds, other than projects approved prior to
January 1, 2013.
(3) A community college for which a project to be funded with
general obligation bonds authorized to be issued under Article
XI-G of the Oregon Constitution is approved in this 2013 Act may
not request approval of an additional project to be funded with
general obligation bonds authorized to be issued under Article
XI-G of the Oregon Constitution until the beginning of the
regular session of the Legislative Assembly held in 2017, unless
the community college withdraws the project approved under this
2013 Act.
(4) For biennia beginning on or after July 1, 2015, the
aggregate amount authorized for issuance of general obligation
bonds under Article XI-G of the Oregon Constitution for projects
at a single community college may not exceed $8 million. + }
SECTION 11. { + Notwithstanding section 16, chapter ___,
Oregon Laws 2013 (Enrolled Senate Bill 5533), the State Treasurer
may not issue the lottery bonds authorized by section 16, chapter
___, Oregon Laws 2013 (Enrolled Senate Bill 5533), unless the
following conditions are met no later than March 31, 2015:
Enrolled Senate Bill 5506 (SB 5506-A) Page 6
(1) The Governor's office has approved a finance and
development plan to help prepare the site of the Willamette Falls
Legacy Project for a public access project;
(2) A local or regional public sponsor of the project has
secured a property interest in, or option on, a riverfront
portion of the property that was formerly the site of the Blue
Heron paper mill; and
(3) A local or regional public sponsor of the project has
requested that the State Parks and Recreation Department
participate in the planning, development and potential future
operation of any public access project on the site to ensure that
the statewide significance of Willamette Falls is recognized and
interpreted and that the falls are accessible to the public. + }
SECTION 12. { + (1) Notwithstanding any other provision of
law, the State Treasurer may not issue any bond to finance the
Oregon Convention Center hotel project unless the following
conditions are met no later than March 31, 2015:
(a) An intergovernmental agreement has been signed to dedicate
site-specific local transient lodging taxes from the Oregon
Convention Center hotel to support debt service on bonds for
hotel construction;
(b) An agreement has been signed by Metro and a private
developer for development of the Oregon Convention Center hotel;
and
(c) The amount of state bond proceeds used to finance the
project is estimated in public documents to be less than 5
percent of total project cost.
(2) As used in this section, 'Metro' means the metropolitan
service district organized under ORS chapter 268. + }
SECTION 13. { + 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
July 1, 2013. + }
----------
Passed by Senate July 8, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House July 8, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 5506 (SB 5506-A) Page 7
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 5506 (SB 5506-A) Page 8
