Chapter 890 Oregon Laws 2001
AN ACT
SB 5514
Relating to state financial
administration; appropriating money; limiting expenditures; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
In addition to and not in lieu of any
other appropriation, there is appropriated to the Department of Education, out
of the General Fund, for the fiscal year beginning July 1, 2001, the sum of
$2,224,412,757 for the State School Fund.
SECTION 2.
In addition to and not in lieu of any
other appropriation, there is appropriated to the Department of Education, out
of the General Fund, for the fiscal year beginning July 1, 2002, the sum of
$2,335,873,299 for the State School Fund.
SECTION 3.
In addition to and notwithstanding any
other law, the amount of $140,736,347 is established for the fiscal year
beginning July 1, 2001, as the maximum limit for payment of expenses from
lottery moneys allocated from the Administrative Services Economic Development
Fund to the Department of Education for the State School Fund.
SECTION 4.
In addition to and notwithstanding any
other law, the amount of $147,680,739 is established for the fiscal year
beginning July 1, 2002, as the maximum limit for payment of expenses from
lottery moneys allocated from the Administrative Services Economic Development
Fund to the Department of Education for the State School Fund.
SECTION 5.
There is transferred, from the Medicaid
Upper Payment Limit Account, for the fiscal year beginning July 1, 2001, to the
Department of Education for the State School Fund, the amount of $48,409,600 to
be used by school districts and education service districts for health-related
programs. All transfers under this section shall be set by the Oregon
Department of Administrative Services.
SECTION 6.
There is transferred, from the Medicaid
Upper Payment Limit Account, for the fiscal year beginning July 1, 2002, to the
Department of Education for the State School Fund, the amount of $50,790,400 to
be used by school districts and education service districts for health-related
programs. All transfers under this section shall be set by the Oregon
Department of Administrative Services.
SECTION 7.
In addition to and notwithstanding any
other law, the amount of $48,409,600 is established for the fiscal year
beginning July 1, 2001, as the maximum limit for payment of expenses from
moneys allocated from the Medicaid Upper Payment Limit Account to the
Department of Education for the State School Fund.
SECTION 8.
In addition to and notwithstanding any
other law, the amount of $50,790,400 is established for the fiscal year
beginning July 1, 2002, as the maximum limit for payment of expenses from
moneys allocated from the Medicaid Upper Payment Limit Account to the
Department of Education for the State School Fund.
SECTION 9.
In addition to and notwithstanding any
other law, the amount of $15,541,296 is established for the fiscal year
beginning July 1, 2001, as the maximum limit for payment of expenses by the
Department of Education from moneys received from the Western Oregon Timber Tax
Account, the Western Oregon Timber Tax Reserve Account and the Eastern Oregon
Timber Tax Account for the State School Fund.
SECTION 10.
In addition to and notwithstanding any
other law, the amount of $8,149,704 is established for the fiscal year
beginning July 1, 2002, as the maximum limit for payment of expenses by the
Department of Education from moneys received from the Western Oregon Timber Tax
Account, the Western Oregon Timber Tax Reserve Account and the Eastern Oregon
Timber Tax Account for the State School Fund.
SECTION 11.
(1) For the 2001-2002 fiscal year, the
Department of Education shall set aside $2,329,700,000 from the State School
Fund for distribution as grants to school districts and programs and for
recovery by the Department of Education for special education programs under
ORS 343.243.
(2) For the 2002-2003
fiscal year, the Department of Education shall set aside $2,439,744,142 from
the State School Fund for distribution as grants to school districts and
programs and for recovery by the Department of Education for special education
programs under ORS 343.243.
SECTION 12.
(1) For the 2001-2002 fiscal year, the
Department of Education shall set aside $94,400,000 from the State School Fund
for distribution as grants to education service districts.
(2) For the 2002-2003
fiscal year, the Department of Education shall set aside $97,800,000 from the
State School Fund for distribution as grants to education service districts.
SECTION 13.
Notwithstanding sections 11 and 12 of
this 2001 Act, if the Department of Education determines that insufficient
funds will be available in the State School Fund from the appropriations and
allocations under sections 1 to 10 of this 2001 Act during the 2001-2002 or 2002-2003
fiscal year to meet the requirements of sections 11 and 12 of this 2001 Act,
the department may prorate, based on the annual share of the total amount of
funds in the State School Fund, the amounts under sections 11 and 12 of this
2001 Act available for distribution as grants to school districts and education
service districts and available for recovery by the department for special
education programs under ORS 343.243.
SECTION 14.
(1) Notwithstanding ORS 327.008 and
sections 1 to 13 of this 2001 Act, the Department of Education shall ensure
that the total amount distributed from the State School Fund in grants to
school districts and programs and recovered by the department for special
education programs under ORS 343.243, when combined with the total amount of
local revenues as described in ORS 327.013, as jointly determined by the
Legislative Revenue Officer and the Department of Education, does not exceed
$3,326,750,000 for the fiscal year beginning July 1, 2001.
(2) The distribution
limitation established in subsection (1) of this section shall be adjusted for
any actions taken by the Emergency Board.
(3) Notwithstanding ORS
327.008 and sections 1 to 13 of this 2001 Act, any amount that was appropriated
or allocated to the State School Fund for the fiscal year beginning July 1,
2001, when combined with the total amount of local revenues, as jointly determined
by the Legislative Revenue Officer and the Department of Education, that
exceeds $3,326,750,000, shall remain available for distribution to school
districts and programs in the fiscal year beginning July 1, 2002, if the amount
that was appropriated or allocated to the State School Fund for the fiscal year
beginning July 1, 2002, that is to be distributed from the State School Fund in
grants to school districts and programs and recovered by the department for
special education programs, when combined with the total amount of local
revenues, as jointly determined by the Legislative Revenue Officer and the
Department of Education, is less than $3,468,044,142.
SECTION 15.
(1) Notwithstanding ORS 327.008 and
sections 1 to 13 of this 2001 Act, the Department of Education shall ensure
that the total amount distributed from the State School Fund in grants to
school districts and programs and recovered by the department for special
education programs under ORS 343.243, when combined with the total amount of
local revenues as described in ORS 327.013, as jointly determined by the
Legislative Revenue Officer and the Department of Education, does not exceed
$3,488,610,142 for the fiscal year beginning July 1, 2002.
(2) The distribution
limitation established in subsection (1) of this section shall be adjusted for
any actions taken by the Emergency Board.
SECTION 16.
(1) Notwithstanding ORS 327.008 and
sections 1 to 13 of this 2001 Act, the Department of Education shall ensure
that the total amount distributed from the State School Fund in grants to
education service districts, when combined with the total amount of local
revenues as defined in section 2, chapter 695, Oregon Laws 2001 (Enrolled
Senate Bill 260), as jointly determined by the Legislative Revenue Officer and
the Department of Education, does not exceed $158,762,000 for the fiscal year
beginning July 1, 2001.
(2) The distribution
limitation established in subsection (1) of this section does not include local
revenues transferred from the education service districts in Grant and Wallowa
Counties to school districts pursuant to ORS 327.081.
(3) The distribution
limitation established in subsection (1) of this section shall be adjusted for
any actions taken by the Emergency Board.
(4) Notwithstanding ORS
327.008 and sections 1 to 13 of this 2001 Act, any amount that was appropriated
or allocated to the State School Fund for the fiscal year beginning July 1,
2001, when combined with the total amount of local revenues, as jointly determined
by the Legislative Revenue Officer and the Department of Education, that
exceeds $158,762,000, shall remain available for distribution to education
service districts in the fiscal year beginning July 1, 2002, if the amount that
was appropriated or allocated to the State School Fund for the fiscal year
beginning July 1, 2002, that is to be distributed from the State School Fund in
grants to education service districts, when combined with the total amount of
local revenues, as jointly determined by the Legislative Revenue Officer and
the Department of Education, is less than $164,600,000.
SECTION 17.
(1) Notwithstanding ORS 327.008 and
sections 1 to 13 of this 2001 Act, the Department of Education shall ensure
that the total amount distributed from the State School Fund in grants to
education service districts, when combined with the total amount of local
revenues as defined in section 2, chapter 695, Oregon Laws 2001 (Enrolled
Senate Bill 260), as jointly determined by the Legislative Revenue Officer and
the Department of Education, does not exceed $165,936,000 for the fiscal year
beginning July 1, 2002.
(2) The distribution
limitation established in subsection (1) of this section does not include local
revenues transferred from the education service districts in Grant and Wallowa
Counties to school districts pursuant to ORS 327.081.
(3) The distribution
limitation established in subsection (1) of this section shall be adjusted for
any actions taken by the Emergency Board.
SECTION 18.
Of the amounts appropriated under
sections 1 and 2 of this 2001 Act, $3,828,200,000 is considered to be tax
relief for purposes of ORS 291.355.
SECTION 19.
If House Bill 3997 becomes law and it
repeals ORS 291.355, section 18 of this 2001 Act is repealed.
SECTION 20.
Of the amounts distributed to the public
school system from the State School Fund for the fiscal year beginning July 1,
2001, by section 1 of this 2001 Act, an amount determined by the Department of
Revenue to be the amount of reduction pursuant to ORS 310.228, for school
districts and education service districts, is specifically designated as
replacement revenue within the meaning of section 11 (9), Article XI of the
Oregon Constitution. If any additional amounts are distributed from the State
School Fund for the fiscal year beginning July 1, 2001, these amounts are not
replacement revenue within the meaning of section 11 (9), Article XI of the
Oregon Constitution.
SECTION 21.
Of the amounts distributed to the public
school system from the State School Fund for the fiscal year beginning July 1,
2002, by section 2 of this 2001 Act, an amount determined by the Department of
Revenue to be the amount of reduction pursuant to ORS 310.228, for school
districts and education service districts, is specifically designated as
replacement revenue within the meaning of section 11 (9), Article XI of the
Oregon Constitution. If any additional amounts are distributed from the State
School Fund for the fiscal year beginning July 1, 2002, these amounts are not
replacement revenue within the meaning of section 11 (9), Article XI of the
Oregon Constitution.
SECTION 22.
(1) There is allocated to the
Out-of-State Disabilities Placement Education Fund from the State School Fund,
for the fiscal year beginning July 1, 2001, the amount of $400,000.
(2) There is allocated
to the Out-of-State Disabilities Placement Education Fund from the State School
Fund, for the fiscal year beginning July 1, 2002, the amount of $400,000.
SECTION 23.
(1) In addition to and not in lieu of
any other appropriation, there is appropriated to the Emergency Board, for the
biennium beginning July 1, 2001, out of the General Fund, the amount of
$10,325,000 for allocation to the Department of Education for data integrity
assurance.
(2) If any moneys
described in subsection (1) of this section are not allocated or obligated by
the Emergency Board prior to November 1, 2002, such unallocated and unobligated
moneys on that date become available for any other purpose for which the Emergency
Board may lawfully allocate funds.
SECTION 24.
Notwithstanding any other law limiting
expenditures of the Department of Education for the payment of expenses for the
State School Fund by the Department of Education from moneys received from the
Western Oregon Timber Tax Account, the Western Oregon Timber Tax Reserve
Account and the Eastern Oregon Timber Tax Account, for the fiscal year
beginning July 1, 2000, the limitation on expenditures for the Department of
Education established by section 44, chapter 910, Oregon Laws 1999, is
increased by $1,425,467.
SECTION 25.
Notwithstanding any other law, all
sections of this 2001 Act are subject to Oregon Department of Administrative
Services rules related to allotting, controlling and encumbering funds.
SECTION 26.
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 July 1, 2001.
Approved by the Governor
July 31, 2001
Filed in the office of
Secretary of State July 31, 2001
Effective date July 31, 2001
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