ORS § 565.447

Current through 2024 Regular Session legislation effective April 17, 2024

Section 565.447 - Lottery proceeds allocation to County Fair Account

(1) Subject only to the availability of unobligated net lottery proceeds, there is allocated from the Administrative Services Economic Development Fund to the County Fair Account created under ORS 565.445 an amount equal to one percent of the net proceeds from the Oregon State Lottery, but not to exceed $1.53 million annually, adjusted biennially pursuant to an inflation factor determined by dividing the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor, for January 1 immediately preceding commencement of the biennium, by the Consumer Price Index for All Urban Consumers of the Portland, Oregon, Standard Metropolitan Statistical Area, as compiled by the United States Department of Labor, Bureau of Labor Statistics, for January 1, 2001.

(2) The allocation of moneys from the Administrative Services Economic Development Fund under this section is subject to the requirements in section 4, Article XV of the Oregon Constitution, for deposit of specified amounts of the net proceeds from the Oregon State Lottery into the Education Stability Fund and into the Parks and Natural Resources Fund and shall be made only after satisfaction or payment of:

(a) Amounts allocated to Westside lottery bonds issued under ORS 391.140 or to the reserves or any refunding related to the Westside lottery bonds in accordance with the priority for allocation and disbursement established by ORS 391.130;

(b) All liens, pledges or other obligations relating to lottery bonds or refunding lottery bonds due or payable during the year for which an allocation is to be made; and

(c) Amounts required by any other pledges of, or liens on, net proceeds from the Oregon State Lottery.

ORS 565.447

Amended by 2019 Ch. 57, § 29, eff. 1/1/2020.

2001 c.811 §2; 2002 s.s.2 c.4 §3; 2002 s.s.3 c.6 §19; 2003 c. 14, § 351a

See note under 565.446.

Section 10, chapter 546, Oregon Laws 2023, provides:

Sec. 10. (1) As used in this section:

(a) "County fair" and "county fairgrounds" have the meanings given those terms in ORS 565.010.

(b) "County fair operator" means a county fair board, fair association or fair district that operates a county fair.

(c)(A) "Earned revenue" means revenue from the sale of goods or services, including, but not limited to, admission tickets, charges for services, rentals, permits and fees, merchandise, food and beverages, advertising and contracted services and performances.

(B) "Earned revenue" does not include other sources of revenue, including, but not limited to, donations, federal, state and local governmental grants or returns on investments.

(d) "Fair association" has the meaning given that term in ORS 565.268.

(e) "Fair district" means an entity described in ORS 565.275.

(2) The Oregon Business Development Department shall develop and implement a program for awarding grants directly to county fair operators for the operation of county fairs and the maintenance and repair of county fairgrounds.

(3) To be eligible for a grant, a county fair operator must demonstrate to the department's satisfaction that, at any time after February 29, 2020, and before June 30, 2023, the operator experienced a significant loss in earned revenue from the operation of a county fair or county fairgrounds because of statewide mandates, or guidance of the Oregon Health Authority, in response to the COVID-19 pandemic.

(4)(a) The department shall prescribe the form and process, including the application period, by which county fair operators may apply for and be awarded grants under the program.

(b) Applications must, at a minimum, require applicants to state their lost earned revenue as described in subsection (3) of this section.

(A) The applicant's federal tax return for the periods to which the application relates; and

(B) Financial documentation, including, but not limited to, audited financial statements or financial statements that have been approved by a certified public accountant.

(5) Before awarding grants, the department may withhold an amount not to exceed five percent of the total amount allocated under section 9 of this 2023 Act to reimburse the department for the actual costs of developing and implementing the program.

(6) The department shall award grants to reimburse county fair operators for lost earned revenue supported by their applications as follows:

(a) If the total of all grant award amounts exceeds $3 million, less any amount withheld under subsection (5) of this section, the amounts shall be reduced proportionally until they equal $3 million, less any amount withheld under subsection (5) of this section; or

(b) If the total of all grant award amounts is less than $3 million, less any amount withheld under subsection (5) of this section, the amounts shall be increased proportionally until they equal $3 million, less any amount withheld under subsection (5) of this section. [2023 c. 546, § 10]