Statute Text
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. [2001 c.811 §2; 2002 s.s.2 c.4 §3; 2002 s.s.3 c.6 §19; 2003 c.14
§351a; 2019 c.57 §29]
Note:
See note under 565.446.
Note:
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.
(f) Fair
operator means a county fair operator or the Oregon State Fair and Expo
Center.
(g) Oregon State
Fair has the meaning given that term in ORS 565.451.
(h) State
fairgrounds means fairground properties and facilities, as defined in ORS
565.451.
(2) The Oregon
Business Development Department shall develop and implement a program for
awarding grants directly to:
(a) County fair
operators for the operation of county fairs and the maintenance and repair of
county fairgrounds; and
(b) The Oregon
State Fair and Expo Center for the operation of the Oregon State Fair and the
maintenance and repair of state fairgrounds.
(3) To be
eligible for a grant, a fair operator must demonstrate to the departments
satisfaction that, at any time after February 29, 2020, and before June 30,
2023, the fair operator experienced a significant loss in earned revenue from
the operation of a county fair or county fairgrounds, or the operation of the
Oregon State Fair or state 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 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.
(c) For purposes
of reviewing applications, the department may require applicants to provide:
(A) The applicants
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, chapter 546, Oregon Laws
2023, to reimburse the department for the actual costs of developing and
implementing the program.
(6) The
department shall award grants to reimburse fair operators fo