71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Note: For budget, see 2001-03 Biennial Budget, Page B-12
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 9514
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)
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.
Appropriates moneys from General Fund to Department of
Education for State School Fund.
Appropriates moneys from General Fund to Department of
Education for local option equalization grants.
Appropriates moneys from General Fund to Department of
Education for data integrity assurance.
Establishes maximum limit for payment of expenses from lottery
funds.
Limits amount, combined with local revenues, that may be
distributed from State School Fund.
States that certain amounts are considered to replace lost
revenues and are considered to be tax relief.
Subjects agency to Oregon Department of Administrative Services
allotment process.
Declares emergency, effective July 1, 2001.
A BILL FOR 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 $2,284,805,897 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 $2,412,880,159 for the State School
Fund. + }
SECTION 3. { + In addition to and notwithstanding any other
law, the amount of $126,281,372 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 $131,435,714 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. { + 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 6. { + 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 7. { + (1) Notwithstanding ORS 327.008, the Department
of Education shall ensure that the total amount distributed from
the State School Fund in grants, transfers and distributions when
combined with the total amount of local revenues, as jointly
determined by the Legislative Revenue Officer and the Department
of Education, does not exceed $3,472,700,000 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 transfer of
expenditures between the 2001-2002 and 2002-2003 fiscal years.
(4) Any amount that does exceed the distribution limitation
established in subsection (1) of this section shall remain
available for distribution in the fiscal year beginning July 1,
2002, in the event that the distribution limitation established
in section 8 (1) of this 2001 Act is not met. + }
SECTION 8. { + (1) Notwithstanding ORS 327.008, the Department
of Education shall ensure that the total amount distributed from
the State School Fund in grants, transfers and distributions when
combined with the total amount of local revenues, as jointly
determined by the Legislative Revenue Officer and the Department
of Education, does not exceed $3,653,300,000 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 transfer of
expenditures between the 2001-2002 and 2002-2003 fiscal
years. + }
SECTION 9. { + Notwithstanding ORS 327.008, any amounts
remaining in the State School Fund from appropriations made under
sections 1 and 2 of this 2001 Act or allocations from the
Administrative Services Economic Development Fund that are
limited by sections 3 and 4 of this 2001 Act that are not
required to meet lawfully incurred liabilities for the biennium
ending June 30, 2003, as determined on June 30, 2003, shall be
transferred to the Lottery Bond Fund for purposes of paying, when
due, the principal of and interest and premium, if any, on any
state education lottery bonds. + }
SECTION 10. { + (1) The Legislative Revenue Officer shall
certify, by May 1, 2002, the total amount in excess of the
distribution limitation on the total amount distributed from the
State School Fund in grants, transfers and distributions combined
with the total amount of local revenues for the biennium
beginning July 1, 1999, as established in sections 6 and 7,
chapter 914, Oregon Laws 1999. The certification shall be based
on audited data from the school districts.
(2) Any excess amount certified under subsection (1) of this
section and that was not previously transferred to the Lottery
Bond Fund shall be transferred to the Lottery Bond Fund by June
30, 2002, for the purposes of paying, when due, the principal of
and interest and premium, if any, on state education lottery
bonds. + }
SECTION 11. { + Of the amounts appropriated under sections 1
and 2 of this 2001 Act, $___ is considered to be tax relief for
purposes of ORS 291.355. + }
SECTION 12. { + 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
equal to the 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 13. { + 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
equal to the 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 14. { + 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 biennium beginning
July 1, 2001, the amount of $5,000,000 for local option
equalization grants. + }
SECTION 15. { + 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 biennium beginning
July 1, 2001, the amount of $10,500,000 for data integrity
assurance. + }
SECTION 16. { + 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 17. { + 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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