2013 ORS § 390.067¹
Request for issuance of state park lottery bonds
  • Oregon Parks for the Future Fund
  • uses of fund

(1) State park lottery bonds shall be issued only at the request of the State Parks and Recreation Director. State park lottery bonds may be issued in an amount sufficient to provide no more than $105 million of net proceeds to pay costs of state park projects, plus the amounts required to pay bond-related costs.

(2) The Oregon Parks for the Future Fund is established in the State Treasury, separate and distinct from the General Fund. The net proceeds from the sale of the state park lottery bonds which are available to pay costs of state park projects shall be credited to the Oregon Parks for the Future Fund. Investment earnings on amounts in the Oregon Parks for the Future Fund shall be credited to the Oregon Parks for the Future Fund. All moneys from time to time credited to the Oregon Parks for the Future Fund, including any investment earnings, are appropriated continuously to the State Parks and Recreation Department only for payment of costs of state park projects and for payment of bond-related costs that are allocable to state park lottery bonds. Amounts in the Oregon Parks for the Future Fund shall be disbursed upon the written request of the State Parks and Recreation Director to pay for costs of state park projects pursuant to subsection (3) of this section, and upon the written request of the Director of the Oregon Department of Administrative Services to pay for bond-related costs that are allocable to state park lottery bonds.

(3) The State Parks and Recreation Director shall apply amounts in the Oregon Parks for the Future Fund to pay costs of state park projects. The State Parks and Recreation Director may make and administer contracts to carry out state park projects. In addition, the director may enter into agreements with any state agency or local government that commits the State Parks and Recreation Department to pay anticipated funds from the Oregon Parks for the Future Fund to the agency or local government for state park projects. Agreements under this subsection may, subject to the provisions of this section, provide for the remittance of the moneys on such periodic basis, in such amounts, over such period of years and with such priority over other commitments of such funds as the director shall specify in the agreements. The obligation of the state and the department to provide funds under any such agreement shall be subject to the availability of amounts in the Oregon Parks for the Future Fund and any other amounts lawfully available to the State Parks and Recreation Department. The State Parks and Recreation Department and any agency or local government receiving proceeds of state park lottery bonds shall, if so directed by the Oregon Department of Administrative Services, take any action specified by the Oregon Department of Administrative Services which is necessary to maintain the excludability of lottery bond interest from gross income under the United States Internal Revenue Code. [1997 c.800 §4]

Note: See note under 390.060 (Definitions for ORS 390.060 to 390.067).

Note: Sections 9 and 10, chapter 786, Oregon Laws 2013, provide:

Sec. 9. Willamette Falls. (1) For the biennium beginning July 1, 2013, at the request of the Oregon Department of Administrative Services, after the department consults with the State Parks and Recreation Department, the State Treasurer is authorized to issue lottery bonds pursuant to ORS 286A.560 (Definitions for ORS 286A.560 to 286A.585 and 327.700 to 327.711) to 286A.585 (Lottery bonds for community sports facilities) in an amount that produces $5 million in net proceeds and interest earnings for the purposes described in subsection (2) of this section, plus an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs.

(2) Net proceeds of lottery bonds issued under this section and interest earnings in an amount sufficient to provide $5 million must be transferred to the State Department of Parks and Recreation to provide assistance for land acquisition, improvements, rehabilitation and enhancement of the area in Clackamas County in or around the area including Willamette Falls.

(3) The Legislative Assembly finds that the use of lottery bond proceeds will create jobs, further economic development, finance public education or restore and protect parks, beaches, watersheds and native fish and wildlife, and is authorized because:

(a) Improving the area around Willamette Falls will enhance the economic viability of the region, create jobs and improve the quality of life for the community.

(b) The project will have a positive impact on the local environment including the watershed in the immediate area. [2013 c.786 §9]

Sec. 10. (1) The Willamette Falls Park Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Willamette Falls Park Fund shall be credited to the fund. The Willamette Falls Park Fund consists of moneys deposited in the fund under section 9 of this 2013 Act and may include fees, revenues or other income deposited into the fund by the Legislative Assembly.

(2) Moneys in the fund are continuously appropriated to the State Department of Parks and Recreation for purposes described in section 9 of this 2013 Act. [2013 c.786 §10]

Note: Section 11, chapter 705, Oregon Laws 2013, provides:

Sec. 11. Willamette Falls Legacy Project. Notwithstanding section 9, chapter 786, Oregon Laws 2013, the State Treasurer may not issue the lottery bonds authorized by section 9, chapter 786, Oregon Laws 2013, unless the following conditions are met no later than March 31, 2015:

(1) The Governors 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. [2013 c.705 §11]