71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 5514
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Budget and Management
Division, Oregon Department of Administrative Services)
CHAPTER ................
AN ACT
Relating to state financial administration; appropriating money;
limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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
Enrolled Senate Bill 5514 (SB 5514-A) Page 1
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
Enrolled Senate Bill 5514 (SB 5514-A) Page 2
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
Enrolled Senate Bill 5514 (SB 5514-A) Page 3
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
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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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Passed by Senate July 7, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 7, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 5514 (SB 5514-A) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
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Governor
Filed in Office of Secretary of State:
......M.,............., 2001
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Secretary of State
Enrolled Senate Bill 5514 (SB 5514-A) Page 6