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 4302
A-Engrossed
House Bill 3997
Ordered by the House June 30
Including House Amendments dated June 30
Sponsored by JOINT COMMITTEE ON WAYS AND MEANS
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.
Establishes limitation on appropriations for general
governmental purposes. Repeals current limitation on rate of
growth of appropriations.
Declares emergency, effective on passage.
A BILL FOR AN ACT
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 the projected
personal income that is included 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.
(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. + }
----------