71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 5514
LC 9514/SB 5514-7
SENATE AMENDMENTS TO
SENATE BILL 5514
By JOINT COMMITTEE ON WAYS AND MEANS
July 7
On page 1 of the printed bill, delete lines 5 through 25 and
delete pages 2 and 3 and insert:
' { + 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. + } ' .
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