71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3340
 
                         House Bill 3267
 
Sponsored by Representative KRUSE; Representatives BACKLUND,
  BARNHART, BATES, BROWN, GARRARD, KNOPP, KROPF, KRUMMEL, MONNES
  ANDERSON, MORRISETTE, NELSON, G SMITH, P SMITH, T SMITH, STARR,
  C WALKER, ZAUNER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Establishes Oregon Health Programs Trust Fund. Specifies
sources and uses of fund.
 
                        A BILL FOR AN ACT
Relating to an Oregon Health Programs Trust Fund.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section and section 2 of
this 2001 Act, 'Oregon health programs' means programs that
provide or arrange medical, dental and other remedial care
services for low-income children and low-income adults, including
but not limited to the following:
  (a) The programs comprising the Oregon Health Plan, as defined
in ORS 414.019;
  (b) The Family Health Insurance Assistance Program established
by ORS 653.800 to 653.850;
  (c) Medicaid under Title XIX of the Social Security Act; and
  (d) The State Children's Health Insurance Program under Title
XXI of the Social Security Act.
  (2) The Oregon Health Programs Trust Fund is established in the
State Treasury, separate and distinct from the General Fund.  All
earnings on the moneys in the fund shall be appropriated and may
be expended only for the purpose of financing Oregon health
programs. Principal of the fund may be expended only as provided
in section 2 of this 2001 Act.
  (3) The Oregon Health Programs Trust Fund shall consist of:
  (a) All moneys paid to this state by United States tobacco
product manufacturers under the Master Settlement Agreement of
1998;
  (b) All earnings from investment of moneys in the fund;
  (c) Moneys appropriated to the fund by the Legislative
Assembly; and
  (d) Any gifts, grants, federal government revenues or other
moneys that may be made available for deposit into the fund.
  (4) Appropriations of earnings of the fund shall, to the extent
possible, maximize funding for expanding children's health
coverage under the State Children's Health Insurance Program of
Title XXI of the Social Security Act. + }
 
  SECTION 2.  { + (1) The Legislative Assembly may appropriate
moneys from the principal of the Oregon Health Programs Trust
Fund if two-thirds of the members elected to each house of the
Legislative Assembly approve the appropriation and the following
economic conditions present or predicted in this state indicate
the presence or likelihood of an economic recession:
  (a) The seasonally adjusted rate of nonfarm payroll employment
declines for two or more consecutive quarters; and
  (b) A quarterly economic and revenue forecast projects a
negative ending balance that is greater than one percent of
General Fund appropriations for the biennium for which the
forecast is made.
  (2) Appropriations made under subsection (1) of this section
must be for the purpose of financing Oregon health programs.
  (3) The Legislative Assembly may by law prescribe the
procedures to be used and identify the persons required to make
the forecasts and projections described in subsection (1)(b) of
this section.
  (4) The Legislative Assembly may not use moneys in the Oregon
Health Programs Trust Fund for a purpose other than financing
Oregon health programs or under circumstances other than those
described in subsection (1) of this section unless the electors
of this state approve a measure referred to the electors by the
Legislative Assembly that authorizes use of the moneys without
regard to economic conditions or for a purpose specified in the
measure. When the electors approve the use of moneys in the fund
for a purpose other than financing Oregon health programs, moneys
may be appropriated from the fund only for the purpose approved
by the electors. + }
                         ----------