75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                         House Bill 3643

Sponsored by Representative COWAN; Representative GELSER
  (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to state financial administration; creating new
  provisions; amending section 2, chapter 788, Oregon Laws 2005,
  and sections 6, 8, 9, 10, 13, 19 and 20, chapter 904, Oregon
  Laws 2009; repealing section 15, chapter 904, Oregon Laws 2009;
  appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. Section 6, chapter 904, Oregon Laws 2009, is amended
to read:
   { +  Sec. 6. + } Notwithstanding any other law limiting
expenditures, the following amounts are established for a
six-year period beginning July 1, 2009, as the maximum limit for
payment of expenses under this section from bond proceeds and
other revenues, including federal funds, collected or received by
the   { - Department of Higher Education - }  { +  Oregon
University System + }, for the acquisition of land, improvements
to land and the acquisition, planning, constructing, altering,
repairing, furnishing and equipping of buildings, facilities and
other projects within the   { - Department of Higher
Education - }  { +  Oregon University System + }:
_________________________________________________________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

                                                       Other
                                                      Revenues
                Article Article                      (including
                  XI-G  XI-F(1)  Lottery  Energy      Federal
                 Bonds   Bonds    Bonds   Loans  COPs  Funds)

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

(1) Oregon University

Enrolled House Bill 3643 (HB 3643-A)                       Page 1

 System
(a) Capital renewal, code
 compliance and saf$t-     $ -     $ -   $ 20,286,000      $ -
(b) South Waterfront Life
 Sciences Fa50,000,060,000,000       -        -     90,000,000
(c) Oregon Center for
 Sustainability     80,000,000       -        -     -        -
 (d) Biofuels demonstration
project      4,000,000       -       -        -     -4,000,000
 (e)  (d) Wind demonstration
 project             -       -       -        -     -4,000,000
(2) Eastern Oregon
 University
(a) Zabel Hall
 deferred mai1,522,000       2,215,0002,706,000     -        -
(b) Pierce Library
 project     4,000,000       -       -      4,000,000        -
(3) Oregon Institute of
 Technology geothermal
 renewable energy
 demonstratio2,000,002,000,000       -        -     -2,600,000
(4) Oregon State
 University
(a) Education Hall
 additional structural
 deficiencies deferred
 maintenance         -       4,000,000        -     -        -
 (b) Strand Agriculture
 Hall deferred
 maintenance 6,586,000       6,586,0006,851,4,847,000        -

(b) Strand Agriculture
 Hall deferred
 maintenance 2,586,000       6,586,0006,851,4,847,000        -
 (c) Bates Hall/Hallie Ford
 Healthy Children and
 Families Cen6,000,000       -       -        -     -6,000,000
(c) Bates Hall/Hallie Ford
 Healthy Children and
 Families Cen5,000,000       -       -        -     -5,000,000
(d) Student Success
 Center      2,054,000       4,554,000        -     -7,392,000
(e) Cultural Center 10,000,000       -        -     -        -
(f) International Residence
 Hall               52,000,000       -        -     -        -
(g) Sports Performance
 Center             12,000,000       -        -     -        -
(h) CH2M Hill Alumni
 Center              -       -       -        -     -4,200,000
(i) Sonpark/EPA acquisition,
 OF COPs             -       -       -      1,900,000        -
(j) Warehouse acquisition,
 OF COPs             -       -       -      1,000,000        -
(k) Marine Mammal and
 Genomics Bui9,000,000       -       -        -     16,049,153
(5) Portland State
 University
(a) Science Research and
 Teaching Center/ Hazardous

Enrolled House Bill 3643 (HB 3643-A)                       Page 2

 Waste Facili2,500,000 2     -       -        -     -2,500,000
(b) City Tower acquis-tion   -       -        -     1        -
(c) Market Center
 acquisition         -       -       -        -     1        -
(d) Land acquisition 8,000,000       -        -     -        -
(6) Southern Oregon
 University
(a) Churchill Hall
 deferred maintenance-       -       -2,730,3,192,000        -
(b) Theatre Arts building
 expansion an5,500,000       -       -        -     -5,500,000
(7) University of Oregon
(a) Allen Hall expansion
 and remodel 7,500,000       -       -        -     -7,500,000
(b) Straub Memorial Hall
 deferred maintenance-       -       -8,998,4,321,000        -
(c) Power Station, phase 2,
 waste gasification
 demonstration proje29,150,005,000,0013,502,3,663,0005,000,000
(d) Erb Memorial Union,
 partial renovation,
 West Lower Level    2,260,000       -        -     -  300,000
(e) Chiles Center
 renovations         -       -       -        -     -1,000,000
(f) Alumni Center Pro9,975,000       -        -     -6,825,000
(g) Riverfront Research
 Park, Technology
 Business Incubator  -       -       -        -     -1,500,000
(h) Barnhart Hall building
 envelope restoration-       -       -        -     -  900,000
(i) Carson Hall electrical
 upgrade             -       -       -        -     -  560,000
(j) Earl Complex building
 envelope, electrical and
 mechanical systems  2,924,000       -        -     -        -
 (8) Reserves        8,508,470       -        -     -5,356,710
(8) Reserves         8,508,470       -        -     -5,838,185
(9) Commercial paper
 capitalized interest
 pilot project       5,000,000       -        -     -        -
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________

  SECTION 2. Section 8, chapter 904, Oregon Laws 2009, is amended
to read:
   { +  Sec. 8. (1) Except as provided in subsection (2) of this
section, + } notwithstanding any other provision of   { - this
2009 Act, - }  { + chapter 904, Oregon Laws 2009, + } the bond
proceeds and other revenues, including federal funds, the
expenditures from which are limited by section 6   { - of this
2009 Act - }  { + , chapter 904, Oregon Laws 2009 + }, are not
available for expenditure before   { - the effective date of this
2009 Act - }   { + August 4, 2009 + }. However, any action taken
by the State Board of Higher Education prior to   { - the
effective date of this 2009 Act - }   { + August 4, 2009,  + }or
any contract entered into by the board prior to   { - the
effective date of this 2009 Act - }   { + August 4, 2009,
 + }necessary for the acquisition of and improvements to land and

Enrolled House Bill 3643 (HB 3643-A)                       Page 3

the acquisition, planning, constructing, altering, repairing,
furnishing and equipping of buildings and facilities authorized
by
  { - this 2009 Act - }   { + chapter 904, Oregon Laws 2009, + }
is hereby authorized.
   { +  (2) Notwithstanding any other provision of chapter 904,
Oregon Laws 2009, or this 2010 Act, the bond proceeds and other
revenues, including federal funds, the expenditures from which
are limited by section 6 (4)(k), chapter 904, Oregon Laws 2009,
are not available for expenditure before the operative date
specified in section 11 of this 2010 Act. However, any action
taken by the State Board of Higher Education prior to the
operative date specified in section 11 of this 2010 Act or any
contract entered into by the board prior to the operative date
specified in section 11 of this 2010 Act that is necessary for
the acquisition of and improvements to land and the acquisition,
planning, constructing, altering, repairing, furnishing and
equipping of buildings and facilities authorized by section 6
(4)(k), chapter 904, Oregon Laws 2009, is hereby authorized. + }
  SECTION 3. Section 9, chapter 904, Oregon Laws 2009, is amended
to read:
   { +  Sec. 9. + } (1)  { + Except as provided in subsection (3)
of this section, + } the project approvals and expenditure
limitations in
  { - this 2009 Act - }  { +  chapter 904, Oregon Laws 2009 + },
and the expenditure limitations established by the Emergency
Board during the biennium beginning July 1, 2009, for capital
construction or acquisition projects of the Oregon University
System and of the Department of Community Colleges and Workforce
Development for community colleges, expire on June 30, 2015,
unless otherwise noted or unless changed by the Legislative
Assembly.
  (2) The project approvals and expenditure limitations
established by section 2 (5)(b), (e) and (i), chapter 725, Oregon
Laws 2003, and section 2 (3)(h), chapter 845, Oregon Laws 2001,
for capital construction or acquisition projects of the Oregon
University System expire on June 30, 2011, unless otherwise
changed by Legislative Assembly.
   { +  (3) The project approvals and expenditure limitations in
section 6 (4)(b), (c) and (k), chapter 904, Oregon Laws 2009, and
the expenditure limitations established by the Emergency Board
during the biennium beginning July 1, 2009, for capital
construction or acquisition projects of the Oregon University
System described in section 6 (4)(b), (c) and (k), chapter 904,
Oregon Laws 2009, expire on June 30, 2015, unless otherwise noted
or unless changed by the Legislative Assembly. + }
  SECTION 4. Section 10, chapter 904, Oregon Laws 2009, is
amended to read:
   { +  Sec. 10. + } (1) Pursuant to Article XI-G of the Oregon
Constitution and ORS 351.345 and ORS chapter 286A, the State
Board of Higher Education may sell, with the approval of the
State Treasurer, general obligation bonds of the State of Oregon
of the kind and character and within the limits prescribed by
Article XI-G of the Oregon Constitution, as the board determines,
but in no event may the board sell more than the aggregate
principal sum of $144,900,479 par value for the biennium
beginning July 1, 2009.  The moneys realized from the sale of the
bonds shall be appropriated and may be expended for the purposes
set forth in section 2 (3)(h), chapter 845, Oregon Laws 2001,
section 2 (6)(h) and (p), chapter 787, Oregon Laws 2005, section

Enrolled House Bill 3643 (HB 3643-A)                       Page 4

2 (2)(b), (4)(k), (5)(f) and (h)  { - , - }  and (6)(g) and (h),
chapter 761, Oregon Laws 2007, section 6 (1)(b)   { - and (d) - }
, (2)(a) and (b), (3),   { - (4)(b), (c) and (d) - }  { +
(4)(b), (c), (d) and (k) + }, (5)(a), (6)(b) and (7)(a)
  { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009, + } and for payment for capitalized interest and costs
incidental to issuance of the bonds.
  (2) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 6 (1)(b)   { - of this 2009
Act - }  { + , chapter 904, Oregon Laws 2009,  + }are matched
with the General Fund appropriation made under section 14
 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }.
    { - (3) In compliance with the requirements of Article XI-G
of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 6 (1)(d) of this 2009 Act are
matched with the General Fund appropriation made under section 15
of this 2009 Act. - }
    { - (4) - }   { + (3) + } In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article
XI-G of the Oregon Constitution in section 6 (2)(a)   { - of this
2009 Act - }  { + , chapter 904, Oregon Laws 2009,  + }are
matched with the General Fund appropriation made under section 16
 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }.
    { - (5) - }   { + (4) + } In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article
XI-G of the Oregon Constitution in section 6 (2)(b)   { - of this
2009 Act - }  { + , chapter 904, Oregon Laws 2009,  + }are
matched with the General Fund appropriation made under section 17
 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }.
    { - (6) - }   { + (5) + } In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article
XI-G of the Oregon Constitution in section 6 (3)   { - of this
2009 Act - }  { + , chapter 904, Oregon Laws 2009,  + }are
matched with the General Fund appropriation made under section 18
 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }.
    { - (7) - }   { + (6) + } In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article
XI-G of the Oregon Constitution in section 6 (4)(b)   { - of this
2009 Act - }  { + , chapter 904, Oregon Laws 2009,  + }are
matched with the General Fund appropriation made under section 19
 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }.
    { - (8) - }   { + (7) + } In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article
XI-G of the Oregon Constitution in section 6 (4)(c)   { - of this
2009 Act - }  { + , chapter 904, Oregon Laws 2009,  + }are
matched with the General Fund appropriation made under section 20

Enrolled House Bill 3643 (HB 3643-A)                       Page 5

 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }.
    { - (9) - }   { + (8) + } In compliance with the requirements
of Article XI-G of the Oregon Constitution, funds available under
the expenditure limitation for bonds issued pursuant to Article
XI-G of the Oregon Constitution in section 6 (4)(d)   { - of this
2009 Act - }  { + , chapter 904, Oregon Laws 2009,  + }are
matched with the General Fund appropriation made under section 21
 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }.
   { +  (9) In compliance with the requirements of Article XI-G
of the Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 6 (4)(k), chapter 904, Oregon Laws
2009, are matched with the General Fund appropriation made under
section 7 of this 2010 Act. + }
  (10) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 6 (5)(a)   { - of this 2009
Act - }  { + , chapter 904, Oregon Laws 2009,  + }are matched
with the General Fund appropriation made under section 22
 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }.
  (11) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 6 (6)(b)   { - of this 2009
Act - }  { + , chapter 904, Oregon Laws 2009,  + }are matched
with the General Fund appropriation made under section 23
 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }.
  (12) In compliance with the requirements of Article XI-G of the
Oregon Constitution, funds available under the expenditure
limitation for bonds issued pursuant to Article XI-G of the
Oregon Constitution in section 6 (7)(a)   { - of this 2009
Act - }  { + , chapter 904, Oregon Laws 2009,  + }are matched
with the General Fund appropriation made under section 24
 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }.
  SECTION 5. Section 13, chapter 904, Oregon Laws 2009, is
amended to read:
   { +  Sec. 13. + } Notwithstanding ORS 351.345 and section 6
 { - of this 2009 Act - }  { + , chapter 904, Oregon Laws
2009 + }, the State Board of Higher Education may issue bonds for
a project listed in section 6 (1)(b)   { - and (d) - } , (2),
(3), (4)(b), (c) { + , + }   { - and - }  (d) { +  and (k) + },
(5)(a), (6)(b) and (7)(a)   { - of this 2009 Act - }  { + ,
chapter 904, Oregon Laws 2009 + }:
  (1) If the total amount from other revenues, including federal
funds, identified for the project in the expenditure limitation
in section 6   { - of this 2009 Act - }  { + , chapter 904,
Oregon Laws 2009,  + }has been received by the State Board of
Higher Education; or
  (2) After reporting to the Emergency Board or the Joint
Committee on Ways and Means, if the total amount from other
revenues, including federal funds, identified for the project in
the expenditure limitation in section 6   { - of this 2009
Act - }  { + , chapter 904, Oregon Laws 2009,  + }has not been
received by the State Board of Higher Education.

Enrolled House Bill 3643 (HB 3643-A)                       Page 6

  SECTION 6. Section 2, chapter 788, Oregon Laws 2005, as amended
by section 2, chapter 746, Oregon Laws 2007, section 149, chapter
783, Oregon Laws 2007, and sections 2 and 2a, chapter 906, Oregon
Laws 2009, is amended to read:
   { +  Sec. 2. + } (1) Pursuant to ORS 286A.560 to 286A.585, at
the request of the Oregon Department of Administrative Services,
after the department consults with the Oregon University System,
the State Treasurer is authorized to issue lottery bonds for
capital construction, deferred maintenance and capital renewal,
code compliance and safety projects.
  (2) The use of lottery bond proceeds is authorized based on the
following findings:
  (a) New buildings and facilities are needed in order that
universities have adequate facilities for teaching.
  (b) Having adequate university buildings and facilities is
essential to Oregon's healthy economic growth.
  (c) Major subsystems within university buildings are wearing
out and must be replaced in order that universities have adequate
facilities for teaching.
  (d) Having safe and fully functioning university facilities is
essential to Oregon's healthy economic growth.
  (3) The aggregate principal amount of lottery bonds issued
pursuant to subsection (1) of this section by the State Treasurer
for:
  (a) Capital construction may not exceed the amount of
$9,554,000 and an additional amount estimated by the State
Treasurer to be necessary to pay bond-related costs as defined in
ORS 286A.560.
  (b) Deferred maintenance and capital renewal, code compliance
and safety projects may not exceed the amount of $82,231,000 and
an additional amount estimated by the State Treasurer to be
necessary to pay bond-related costs as defined in ORS 286.560.
  (4) Of the $22,355,000 of net proceeds of lottery bonds issued
pursuant to this section for the biennium beginning July 1, 2009,
an amount not to exceed:
  (a)   { - $14,247,000 - }   { + $18,247,000 + } shall be
deposited in the Oregon University System Capital Construction,
Deferred Maintenance and Capital Repair Project Fund established
by section 3, chapter 788, Oregon Laws 2005.
  (b) $1,522,000 shall be deposited in the Eastern Oregon
University Zabel Hall Deferred Maintenance Project Account
established by section 16, chapter 904, Oregon Laws 2009.
  (c)   { - $6,586,000 - }   { + $2,586,000 + } shall be
deposited in the Oregon State University Strand Agriculture Hall
Deferred Maintenance Project Account established by section 19,
chapter 904, Oregon Laws 2009.
  SECTION 7.  { + (1) There is established in the General Fund an
account to be known as the Oregon State University Marine Mammal
Institute and Marine Genomics Program Account. Funds in the
account shall be used for the construction, remodeling, expansion
and renovation of facilities for a facility project at Oregon
State University Hatfield Marine Science Center.
  (2) The account shall consist of proceeds from grant funds,
gift funds and federal and local government funds made available
to the Oregon University System for the purpose of the facility
project described in subsection (1) of this section. Interest
earned on moneys in the account shall be credited to the account.
The account may not be credited with more than $9,000,000 for
purposes of this subsection.

Enrolled House Bill 3643 (HB 3643-A)                       Page 7

  (3) Moneys in the account shall be considered to be General
Fund moneys for purposes of section 1 (3), Article XI-G of the
Oregon Constitution, are continuously appropriated to the Oregon
University System and may be transferred to the Department of
Higher Education Capital Construction Fund for the facility
project described in subsection (1) of this section. + }
  SECTION 8. Section 19, chapter 904, Oregon Laws 2009, is
amended to read:
   { +  Sec. 19. + } (1) There is established in the General Fund
an account to be known as the Oregon State University Strand
Agriculture Hall Deferred Maintenance Project Account. Funds in
the account shall be used for the construction, remodeling,
expansion and renovation of facilities for a facility project at
Oregon State University.
  (2) The account shall consist of proceeds from lottery bonds
made available to the   { - Department of Higher Education - }
 { +  Oregon University System + } for the purpose of the
facility project described in subsection (1) of this section.
Interest earned on moneys in the account shall be credited to the
account. The account may not be credited with more than
 { - $6,586,000 - }   { + $2,586,000 + } for purposes of this
subsection.
  (3) Moneys in the account shall be considered to be General
Fund moneys for purposes of section 1 (3), Article XI-G of the
Oregon Constitution, are continuously appropriated to the
  { - Department of Higher Education - }   { + Oregon University
System + } and may be transferred to the   { - Department of
Higher Education Capital Construction Fund - }   { + account
designated by ORS 351.626 + } for the facility project described
in subsection (1) of this section.
  SECTION 9. Section 20, chapter 904, Oregon Laws 2009, is
amended to read:
   { +  Sec. 20. + } (1) There is established in the General Fund
an account to be known as the Oregon State University Bates
Hall/Hallie Ford Healthy Children and Families Center Project
Account. Funds in the account shall be used for the construction,
remodeling, expansion and renovation of facilities for a facility
project at Oregon State University.
  (2) The account shall consist of proceeds from grant funds,
gift funds and federal and local government funds made available
to the   { - Department of Higher Education - }   { + Oregon
University System + } for the purpose of the facility project
described in subsection (1) of this section. Interest earned on
moneys in the account shall be credited to the account. The
account may not be credited with more than   { - $6,000,000 - }
 { + $5,000,000 + } for purposes of this subsection.
  (3) Moneys in the account shall be considered to be General
Fund moneys for purposes of section 1 (3), Article XI-G of the
Oregon Constitution, are continuously appropriated to the
  { - Department of Higher Education - }   { + Oregon University
System + } and may be transferred to the   { - Department of
Higher Education Capital Construction Fund - }  { +  account
designated by ORS 351.626 + } for the facility project described
in subsection (1) of this section.
  SECTION 10.  { + Section 15, chapter 904, Oregon Laws 2009, is
repealed. + }
  SECTION 11.  { + (1) Section 7 of this 2010 Act, the amendments
to section 2, chapter 788, Oregon Laws 2005, and sections 6, 8,
9, 10, 13, 19 and 20, chapter 904, Oregon Laws 2009, by sections
1 to 6, 8 and 9 of this 2010 Act and the repeal of section 15,

Enrolled House Bill 3643 (HB 3643-A)                       Page 8

chapter 904, Oregon Laws 2009, by section 10 of this 2010 Act
become operative on the day after the date that the Legislative
Counsel and the Legislative Fiscal Officer receive notice from
the Oregon Department of Administrative Services of the award of
a federal grant from the National Institute of Standards and
Technology to Oregon State University for the purpose of
constructing a Marine Mammal and Genomics Building at the Oregon
State University Hatfield Marine Science Center.
  (2) The Oregon University System shall notify the Oregon
Department of Administrative Services immediately upon receiving
notice of award of the federal grant. The department shall notify
the Legislative Counsel and the Legislative Fiscal Officer
immediately upon receiving notice from the Oregon University
System. + }
  SECTION 12.  { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
                         ----------

Passed by House February 23, 2010

      ...........................................................
                                             Chief Clerk of House

      ...........................................................
                                                 Speaker of House

Passed by Senate February 24, 2010

      ...........................................................
                                              President of Senate

Enrolled House Bill 3643 (HB 3643-A)                       Page 9

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled House Bill 3643 (HB 3643-A)                      Page 10