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 9048
A-Engrossed
House Bill 5048
Ordered by the House June 5
Including House Amendments dated June 5
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Budget and Management
Division, Oregon Department of Administrative Services)
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.
{ - Appropriates moneys from General Fund to _______ for
biennial expenses. - }
{ - Limits biennial expenditures from fees, moneys or other
revenues, including Miscellaneous Receipts, excluding lottery
funds and federal funds, collected or received by _______. - }
{ - Limits biennial expenditures of _______ from federal
funds. - }
{ - Subjects _______ to Oregon Department of Administrative
Services allotment process. - }
{ + Restricts use by Employment Department of certain funds
allocated to state under Social Security Act.
Sunsets restriction December 31, 2005.
Provides continuing appropriation language in statutes
applicable to certain state agencies. + }
Declares emergency, effective { - July 1, 2001 - } { + on
passage + }.
A BILL FOR AN ACT
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.
(c) The department for its expenses in administering the
property tax and special assessment senior deferral programs.
(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. + }
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