Chapter 716 Oregon Laws 2001

AN ACT

HB 5048

Relating to state financial administration; creating new provisions; amending ORS 1.755, 185.160, 237.490, 243.472, 293.718, 294.865, 310.692, 311.701, 357.200 and 441.153; repealing ORS 1.742 and 185.165; appropriating money; and declaring an emergency.

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

SECTION 1. The Oregon Criminal Justice Commission Account is established separate and distinct from the General Fund. All moneys received by the Oregon Criminal Justice Commission, other than appropriations from the General Fund, and except those moneys described in ORS 475A.160, shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission.

SECTION 2. The State Board of Parole and Post-Prison Supervision Account is established separate and distinct from the General Fund. All moneys received by the State Board of Parole and Post-Prison Supervision, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board.

SECTION 3. The Psychiatric Security Review Board Account is established separate and distinct from the General Fund. All moneys received by the Psychiatric Security Review Board, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board.

SECTION 4. (1) The Oregon Department of Administrative Services Federal Funds Account is established separate and distinct from the General Fund.

(2) The Oregon Department of Administrative Services may apply for and receive federal grants and funds. Federal grants and funds received shall be deposited into the Oregon Department of Administrative Services Federal Funds Account. Moneys in the account are continuously appropriated to the department for the purposes for which they were received.

SECTION 5. Section 6 of this 2001 Act is added to and made a part of ORS 185.310 to 185.340.

SECTION 6. The Commission on Hispanic Affairs Account is established separate and distinct from the General Fund. All moneys received by the Commission on Hispanic Affairs, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission.

SECTION 7. Section 8 of this 2001 Act is added to and made a part of ORS 185.410 to 185.440.

SECTION 8. The Commission on Black Affairs Account is established separate and distinct from the General Fund. All moneys received by the Commission on Black Affairs, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission.

SECTION 9. Section 10 of this 2001 Act is added to and made a part of ORS chapter 238.

SECTION 10. Moneys in the Public Employees Retirement Fund are continuously appropriated to the Public Employees Retirement Board to carry out the purposes of this chapter.

SECTION 11. The Oregon Government Standards and Practices Commission Account is established separate and distinct from the General Fund. All moneys received by the Oregon Government Standards and Practices Commission, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission.

SECTION 12. The Department of Education Account is established separate and distinct from the General Fund. All moneys received by the Department of Education, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the department to carry out the duties, functions and powers of the department.

SECTION 13. (1) The Department of Community Colleges and Workforce Development Account is established separate and distinct from the General Fund. Except for moneys otherwise designated by statute, all fees, assessments and other moneys received by the Department of Community Colleges and Workforce Development shall be deposited into the State Treasury and credited to the account. All moneys in the account are continuously appropriated to the department for purposes authorized by law.

(2) The department may accept gifts, grants and donations from any source to carry out the duties imposed upon the department. Moneys received under this subsection shall be paid into the account.

(3) The department shall keep a record of all moneys deposited into the account. The record shall indicate by separate cumulative subaccounts the sources from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

(4) Disbursements from the account shall be made as directed by the department.

SECTION 14. The State Commission on Children and Families Account is established separate and distinct from the General Fund. All moneys received by the State Commission on Children and Families, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission.

SECTION 15. Section 16 of this 2001 Act is added to and made a part of ORS 653.705 to 653.850.

SECTION 16. The Insurance Pool Governing Board Account is established separate and distinct from the General Fund. All moneys received by the Insurance Pool Governing Board, other than appropriations from the General Fund and except for moneys in the account established by ORS 653.840, shall be deposited into the account and are continuously appropriated to the board to carry out the duties, functions and powers of the board.

SECTION 17. Notwithstanding ORS 657.812, any funds allocated to this state under section 903 of the Social Security Act, as amended, for fiscal years 2000, 2001 and 2002 may be used by the Employment Department only for payment of expenses of administration of the unemployment compensation program. Funds allocated to this state under section 903 of the Social Security Act, as amended, for fiscal years 2000, 2001 and 2002 may not be used for the payment of unemployment compensation benefits or the administration of the public employment offices of this state.

SECTION 18. Section 17 of this 2001 Act is repealed on December 31, 2005.

SECTION 19. Section 17 of this 2001 Act applies to funds allocated to this state under section 903 of the Social Security Act, as amended, for fiscal years 2000, 2001 and 2002, whether allocated before, on or after the effective date of this 2001 Act.

SECTION 20. ORS 1.755 is amended to read:

1.755. (1) The Council on Court Procedures is authorized to accept gifts, grants and donations from any source for expenditure to carry out the duties, functions and powers of the council.

(2) The Council on Court Procedures Account is established separate and distinct from the General Fund. All moneys received by the council, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the council to carry out the duties, functions and powers of the council.

SECTION 21. ORS 185.160 is amended to read:

185.160. (1) The Oregon Disabilities Commission [can] may apply for federal, state or private funds.

(2) The Oregon Disabilities Commission Account is established separate and distinct from the General Fund. All moneys received by the commission, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission.

SECTION 22. ORS 237.490 is amended to read:

237.490. (1) All employer and employee contributions and other moneys received or collected by the Public Employees Retirement Board under ORS 237.410 to 237.520 shall be deposited [in] into the State Treasury to the credit of an account, separate and distinct from the General Fund, to be known as the Social Security Revolving Account, and [such] the moneys in the account [is] are continuously appropriated for the purposes of ORS 237.410 to 237.520.

(2) All moneys in the account shall be held in trust and invested as provided in ORS 293.701 to 293.820. Interest from such investments shall be used first for paying the administrative expenses described in ORS 237.500 and not later than the 15th day of February, May, August and November, after paying the administrative expenses, as determined by the Public Employees Retirement Board, for the preceding calendar quarter, the balance of the interest remaining shall be available for general governmental expenses.

(3) The Oregon Department of Administrative Services may review all duly approved claims certified by the Public Employees Retirement Board for the payment of amounts required to be paid to the Secretary of the Treasury pursuant to agreements entered into under ORS 237.410 to 237.520, and for the payment of necessary refunds and may issue warrants therefor payable out of the Social Security Revolving Account.

SECTION 23. ORS 243.472 is amended to read:

243.472. (1) ORS 243.401 to 243.507 shall be implemented and administered by the Public Employees Retirement Board so that no expense is incurred by the State of Oregon or the Public Employees Retirement Fund and so that the State of Oregon and the Public Employees Retirement System incur no liabilities other than those liabilities that may be imposed under ORS 243.401 to 243.507 or other law. In addition to the amounts that may be deducted by the State Treasurer pursuant to ORS 293.718, the Public Employees Retirement System may assess a charge against the accounts of state plan participants in the Deferred Compensation Fund. The charge may not exceed two percent of the balances of those accounts. Funds collected pursuant to the charge [may] are continuously appropriated for and shall be used only to cover the costs incurred by the system to administer the state deferred compensation plan, to issue refunds and to pay costs incurred in investing the plan assets.

(2) For the purpose of implementing and administering the provisions of ORS 243.401 to 243.507, including implementation and administration of service agreements entered into with local governments under ORS 243.478, the Public Employees Retirement Board may designate fiscal periods. The board may apportion extraordinary expenses incurred during any fiscal period, including but not limited to expenses for equipment and actuarial studies, to subsequent fiscal periods for purposes of equitably distributing the burden of the expenses. The board may carry forward unexpended fees collected in one fiscal period to a later fiscal period for the payment of future expenses.

(3) In the event the assessment provided for in subsection (1) of this section is inadequate to meet the administrative expenses incurred by the system for the state deferred compensation plan, and these expenses are not carried over to another fiscal period, the excess expenses may be paid by an additional one-time assessment against the account balances of state plan participants in the Deferred Compensation Fund. The additional assessment shall be in an amount determined by the Public Employees Retirement Board to be sufficient to pay the excess expenses in the fiscal period in which the assessment is made. The one-time assessment is in addition to the regular assessment provided for in subsection (1) of this section.

(4) Deferred compensation benefit payments, and amounts payable as refunds, shall not for any purpose be deemed expenses of the board and shall not be included in its biennial departmental budget.

SECTION 24. ORS 293.718 is amended to read:

293.718. As payment for expenses of the investment officer, the State Treasurer may deduct monthly a maximum of 0.25 basis points of the most recent market value of assets under management for each of the investment funds. However, for the funds described in ORS 293.701 (2)(o), a maximum of 0.435 basis points may be deducted monthly. Amounts so deducted shall be deposited [in] into the Miscellaneous Receipts Account established in the General Fund for the State Treasurer, and are continuously appropriated for payment of the expenses of the State Treasurer as investment officer.

SECTION 25. ORS 294.865 is amended to read:

294.865. The State Treasurer may deduct monthly a maximum of 0.435 basis points of the most recent market value of assets under the management of the investment pool. Amounts so deducted shall pay the State Treasurer for expenses of the State Treasurer as investment officer and to the extent the amounts deducted are so used shall be deposited [in] into the Miscellaneous Receipts Account established in the General Fund for the State Treasurer, and are continuously appropriated for payment of the expenses of the State Treasurer as investment officer.

SECTION 26. ORS 310.692 is amended to read:

310.692. (1) Amounts necessary to make the payments authorized by ORS 307.244 and 310.635 may be transferred to a suspense account established under ORS 293.445 from the appropriation made by the Legislative Assembly to fund the elderly rental assistance program. Moneys in the suspense account are continuously appropriated to the Department of Revenue to carry out the purposes of the elderly rental assistance program.

(2) If any portion of the tax liability for which the refund payments described in subsection (1) of this section are authorized are offset against the refund, the Department of Revenue shall transfer from the suspense account referred to in subsection (1) of this section to the General Fund an amount equal to the income tax liability.

(3) On or before September 15 of each fiscal year of each biennium, the Department of Revenue shall estimate the amount of money needed to make the payments under ORS 307.244 and 310.635. If the sum of the obligations is estimated to be greater than the amounts credited to the suspense account referred to in ORS 293.445 for the fiscal year for those obligations, the elderly rental assistance payments shall be proportionally reduced in order that the state shall not accrue a debt in excess of the amount credited. No claim for payment shall accrue to a taxpayer under ORS 310.635 in excess of the amount determined under this subsection.

SECTION 27. ORS 311.701 is amended to read:

311.701. (1) There is established in the State Treasury the Senior Property Tax Deferral Revolving Account to be used by the Department of Revenue for the purpose of making the payments to:

(a) County tax collectors of property taxes deferred for tax years beginning on or after January 1, 1983, as required by ORS 311.676.

(b) The appropriate local officer of special assessment improvement amounts deferred on or after October 15, 1983, as required by ORS 311.730.

(2) The funds necessary to make payments under subsection (1) of this section shall be advanced to the department from time to time as necessary by the State Treasurer as an investment of the General Fund. The interest rate on the investment shall be as stated in ORS 311.674 (3) or 311.711 (3). No funds shall be advanced under this subsection after June 30, 1985.

(3) The Senior Property Tax Deferral Revolving Account may include a reserve for payment of department administrative expenses.

(4) All sums of money received by the Department of Revenue under ORS 311.666 to 311.701 as repayments of deferred property taxes or under ORS 311.702 to 311.735 as repayments of deferred special assessment improvement amounts, including the interest accrued under ORS 311.674 (3) or 311.711 (3) shall, upon receipt, be credited to the revolving account and [shall be available] are continuously appropriated to the department after June 30, 1985, for the purposes of subsection (1) of this section.

(5) After June 30, 1985, if there is not sufficient money in the revolving account to make the payments required by subsection (1) of this section, there is appropriated from the General Fund an amount sufficient which together with the money in the revolving account will provide an amount sufficient to make the required payments.

(6) When the department determines that moneys in sufficient amounts are available in the revolving account, the department shall repay to the General Fund the amounts advanced as investments under subsection (2) of this section and section 17, chapter 550, Oregon Laws 1983, plus accrued interest. The moneys used to repay the General Fund under this section shall not be considered a budget item on which a limitation is otherwise fixed by law.

SECTION 28. ORS 357.200 is amended to read:

357.200. (1) The State Librarian shall deposit with the State Treasurer all moneys received for materials furnished and for services rendered[,] and all federal grants and other revenues received, except those described in ORS 357.195. [which] Moneys deposited with the treasurer under this subsection shall be deposited [in] into the Miscellaneous Receipts Account for the State Library [which may be used] and are continuously appropriated to the State Library for books, pamphlets and periodicals, and for any other purpose authorized by law.

(2) The State Library may maintain a petty cash fund in compliance with ORS 293.180 in the amount of $200 from moneys in the Miscellaneous Receipts Account for the State Library.

SECTION 29. ORS 441.153 is amended to read:

441.153. [There is created a] The Long Term Care Ombudsman Account [in the office of the Ombudsman] is established separate and distinct from the General Fund. All [moneys appropriated to carry out the responsibilities of] miscellaneous receipts, gifts and federal and other grants received by the Long Term Care Ombudsman shall be [maintained in] deposited into the Long Term Care Ombudsman Account and are [reserved exclusively] continuously appropriated to the Long Term Care Ombudsman for carrying out the responsibilities of the Long Term Care Ombudsman.

SECTION 30. ORS 1.742 and 185.165 are repealed.

SECTION 31. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor July 2, 2001

Filed in the office of Secretary of State July 2, 2001

Effective date July 2, 2001

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