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![handle is hein.sag/sagor0006 and id is 1 raw text is: JOHN R. KROGER MARY H. WILLIAMS
Attorney General Deputy Attorney General
DEPARTMENT OF JUSTICE
GENERAL COUNSEL DIVISION
April 7, 2009
Drummond Kahn, Interim Director
Office of the Secretary of State/Audits Division
255 Capitol Street NE, Suite 500
Salem, OR 97310
Re: Opinion Request OP-2009-1
Dear Mr. Kahn:
This opinion is issued in response to several questions from the Audits Division of the
Office of the Secretary of State regarding the use of certain lottery funds for Oregon State Fair
(State Fair) purposes. Article XV, section 4, of the Oregon Constitution establishes the State
Lottery and limits the uses of its proceeds.
In 1998, the people approved Measure 66, which amends Article XV, section 4. Measure
66 expands the permitted uses of lottery funds to include financing the protection, repair,
operation, and creation of state parks, * * * historic sites and recreation areas and to
[m]aintain, construct, improve, develop, manage and operate state park and recreation facilities,
programs and areas. Or Const, Art XV, § § 4(10) and 4a.
In 2005, the Legislative Assembly transferred administration of the State Fair to the State
Parks and Recreation Department (the Parks Department) effective as of January 1, 2006. Or
Laws 2005, ch 777, §§ 1, 11, 23. In conjunction with that transfer, the legislature has authorized
the Parks Department to use Measure 66 funds for Oregon State Fair operations and for State
Fair debt service due on bonds authorized in 1999 to fund improvements to State Fair facilities.
Or Laws 2007, ch 729, § 2(7), (8); Or Laws 2005, ch 697, § 2(8).
FIRST QUESTION PRESENTED
Is use of Measure 66 funds for State Fair operations consistent with the purposes of
Measure 66 funds specified in the Oregon Constitution?
SHORT ANSWER
While the answer is not free from doubt, we conclude that the use of Measure 66 funds
for current State Fair operations is consistent with the constitutionally permissible purposes of
Measure 66 funds.
1162 Court Street NE, Salem, OR 97301-4096
Telephone: (503) 947-4540 Fax: (503) 378-3784 TTY: (503) 378-5938 www.doj.state.or.us](ViewImageLocal?handle=hein.sag/sagor0006&div=1&collection=&method=preview&ext=.png&size=3)