Chapter 956 Oregon Laws 2001
AN ACT
HB 3997
Relating to state
appropriations; creating new provisions; amending ORS 461.120; repealing ORS
291.355; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) As used in this section, “general
governmental purposes” means:
(a) Those activities
defined as governmental activities under the accounting standards promulgated
by the Governmental Accounting Standards Board of the Financial Accounting
Foundation that are in effect on the effective date of this 2001 Act; and
(b) Post-secondary
educational activities that are partially funded by student tuition and fees.
(2) Each biennium, state
governmental appropriations for general governmental purposes shall be no
greater than eight percent of projected personal income in Oregon for the same
biennium. Projected personal income shall be based on the United States
Department of Commerce projections used by the Oregon Department of
Administrative Services in the last forecast given to the Legislative Assembly
before adjournment sine die of the regular session on which the printed,
adopted budget is based.
(3) For purposes of this
section, the following are considered to be appropriations:
(a) An authorization,
given by law, to expend moneys in a biennium;
(b) A limitation,
imposed by law, on the expenditure in a biennium of moneys that are
continuously appropriated; and
(c) An estimate of
amounts of moneys that are continuously appropriated that will be spent in a
biennium without limitation.
(4) The following
appropriations are not subject to the limitation on appropriations contained in
this section:
(a) Appropriations for
the construction or acquisition of assets that are financed by state bonds,
certificates of participation or other forms of borrowing.
(b) Appropriations of
moneys received directly or indirectly from the federal government.
(c) Appropriations for
fee remission programs of the Department of Higher Education.
(d) Appropriations of
moneys voluntarily donated to a state agency.
(e) Appropriations of
moneys from revenue increases or new revenue sources if the increases or
sources result from approval of a measure by the people at an election held on
or after the effective date of this 2001 Act.
(f) Appropriations to
fund new programs or to increase funding for existing programs if the need for
new or increased funding results from approval of a measure by the people at an
election held on or after the effective date of this 2001 Act.
(5) The limitation on
appropriations established by this section may be exceeded for a biennium if
the Governor declares an emergency and three-fifths of the members serving in
each house of the Legislative Assembly affirmatively vote to exceed the limitation
for the biennium.
SECTION 2.
Section 1 of this 2001 Act first applies
to the biennium beginning July 1, 2001.
SECTION 3.
ORS 461.120 is amended to read:
461.120. (1)(a) Except as otherwise provided by law, the
provisions of ORS chapters 279, 282 and 283 do not apply to the Oregon State
Lottery Commission unless otherwise provided by this chapter.
(b) Officers and employees of the Oregon State Lottery
Commission are in the exempt service for purposes of ORS chapter 240 and other
related statutes.
(c) ORS 276.004 (2), 276.021, 276.037, 276.093 to 276.097,
276.410 to 276.426, 276.428, 276.440, 291.038, 291.201 to 291.260[, 291.355] and 292.210 to 292.250 do not
apply to the Oregon State Lottery Commission.
(d) ORS 293.075, 293.190, 293.205 to 293.225 and 293.275 do
not apply to the Oregon State Lottery Commission.
(e) ORS 279.053, 659.010 to 659.110 and 659.505 to 659.545
apply to the Oregon State Lottery Commission.
(f) Notwithstanding paragraph (a) of this subsection, the
provisions of ORS 282.210 shall apply to the Oregon State Lottery Commission.
(2) The commission shall, in accordance with ORS 183.310 to
183.550, adopt and enforce rules to carry out the provisions of this chapter.
SECTION 4.
ORS 291.355 is repealed.
SECTION 5.
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
August 10, 2001
Filed in the office of
Secretary of State August 13, 2001
Effective date August 10,
2001
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