Chapter
734
AN ACT
HB 2148
Relating to state finance; creating new provisions; amending ORS 173.790, 199.432, 291.002, 291.003, 291.232, 292.039, 461.547, 576.435 and 577.440; repealing ORS 173.795 and 291.254; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of
SECTION
1. Notwithstanding any other
provision of law, the amount of $10 million from the Tobacco Use Reduction
Account established by ORS 431.832 shall be used by the Department of Human
Services for the biennium beginning
SECTION 2. Notwithstanding any other provision of law, the amount of $1,278,546 shall be transferred from the Problem Gambling Treatment Fund established by ORS 409.435 to the Administrative Services Economic Development Fund established by ORS 461.540, to be available for the biennium beginning July 1, 2003, for the purposes for which moneys in the Administrative Services Economic Development Fund may be used.
SECTION
3. (1) Notwithstanding any other
provision of law, the amount of $8,208,216 shall be transferred from the Health
Care Trust Fund established in ORS 293.540 to the Department of Human Services
for the state medical assistance program for the biennium beginning
(2)
Notwithstanding any other provision of law, the amount of $34 million shall be
transferred from the Tobacco Settlement Funds Account established in ORS
293.537 to the Department of Human Services for the state medical assistance
program for the biennium beginning
SECTION
4. Notwithstanding any other
provision of law, not later than January 1, 2005, the following amounts shall
be transferred from amounts contained on June 30, 2003, in the following funds,
accounts and other sources, to the General Fund to be available for general
governmental expenses:
(1)
Bureau of Labor and Industries, Wage Security Fund, ORS 652.409, $2 million.
(2)
Department of Consumer and Business Services, Consumer and Business Services
Fund, ORS 705.145, from moneys collected pursuant to ORS 656.612, $15,696,606.
(3)
Employment Department:
(a)
Supplemental Employment Department Administration Fund, ORS 657.783, $15
million.
(b)
(c)
Employment Department Special Administrative Fund, ORS 657.822, $5.5 million.
(4)
Oregon Department of Administrative Services, Insurance Fund, ORS 278.425, $8.1
million.
(5)
State Forestry Department, State Forestry Department Account, ORS 526.060, from
moneys available to the state under ORS 530.110, $10 million.
(6)
(7) Secretary of State, Operating Account, ORS 56.041, $677,118.
SECTION
5. (1) Notwithstanding ORS
366.512 and 390.134 and section 18, chapter 618, Oregon Laws 2003 (Enrolled
House Bill 2041), $3,986,904 of the amounts attributable to the increase in
registration fees for campers, motor homes and travel trailers by the
amendments to ORS 803.420 by section 2, chapter 618, Oregon Laws 2003 (Enrolled
House Bill 2041), shall be transferred to the State Forestry Department for
deposit in the State Forest Enhancement Donation Subaccount of the State
Forestry Department Account established under ORS 526.060 for expenses that
relate to the acquisition, development, maintenance or care of parks or
recreation areas in state forests.
(2) After the transfer under subsection (1) of this section has been made, the remainder of the amounts attributable to the increase in registration fees for campers, motor homes and travel trailers by the amendments to ORS 803.420 by section 2, chapter 618, Oregon Laws 2003 (Enrolled House Bill 2041), shall be deposited in the State Parks and Recreation Department Fund established under ORS 390.134.
SECTION 6. Section 5 of this 2003 Act applies to amounts attributable to the increase in registration fees for campers, motor homes and travel trailers by the amendments to ORS 803.420 by section 2, chapter 618, Oregon Laws 2003 (Enrolled House Bill 2041), that are collected on or after January 1, 2004, and before July 1, 2005.
SECTION
7. Notwithstanding any other
provision of law, not later than
SECTION
8. (1) Notwithstanding any other
provision of law, all state agencies that pay wages from other fund accounts
shall:
(a)
Identify all other fund accounts from which such payments are made;
(b)
Identify the balance in each of the other fund accounts as of
(c)
Apportion the other fund expenditure limitation reductions identified in section
87, chapter 710,
(d)
For each other fund account, identify the lesser of the amount of the other
fund account balance identified in paragraph (b) of this subsection and the
expenditure limitation reductions apportioned under paragraph (c) of this
subsection; and
(e)
Not later than February 1, 2004, provide a report to the Legislative Fiscal
Officer and the Oregon Department of Administrative Services describing the
results of the actions required under paragraphs (a) to (d) of this subsection
and the information relied on for those actions.
(2)
Not later than
(3)
As used in this section:
(a)
“Other funds” means moneys from sources other than the General Fund that are
continuously appropriated to a state agency.
(b)
“Other funds” does not include:
(A)
Federal funds;
(B)
Funds restricted from transfer by federal law;
(C)
Funds that are required in order to receive federal moneys that are included in
the adopted budget for a state agency; or
(D)
Funds derived from sources dedicated by provisions of the Oregon Constitution
that may not be transferred to the General Fund.
(c)
“Other fund account” means a fund or account containing other funds.
(d) “State agency” means any state officer, board, commission, division, bureau, department, institution or agency of state government as defined by ORS 174.111.
SECTION 9. Notwithstanding any other provision of law, not later than January 1, 2005, the amount of $4.9 million shall be transferred from the Environmental Quality Information Account established under ORS 802.100 to the Department of Transportation Operating Fund established under ORS 184.642.
SECTION 10. ORS 461.547 is amended to read:
461.547. (1) The Oregon State Lottery Commission shall transfer an amount [equal to] allocated by law, but not to exceed 2.5 percent of the net receipts from video lottery games, from the State Lottery Fund to counties for economic development activities. However, if net receipts from video lottery games in any biennium decrease to the point that 2.5 percent of those receipts is less than the amount allocated for the biennium beginning July 1, 2003, the commission shall transfer an amount equal to 2.5 percent of the net receipts from video lottery games for that biennium from the State Lottery Fund to counties for economic development activities. Ninety percent of the moneys shall be distributed to each county in proportion to the gross receipts from video lottery games from each county. Ten percent of the moneys shall be distributed in equal amounts to each county.
(2) As used in this section:
(a) “Gross receipts from video lottery games” means the amount of money inserted into video lottery games plus the value of any free game prizes used by players for subsequent games.
(b) “Net receipts from video lottery games” means the amount of money that is received from the operation of video lottery games [and devices] after the payment of prizes but prior to any other payment.
SECTION 10a. ORS 461.547, as amended by section 10 of this 2003 Act, is amended to read:
461.547. (1) The Oregon State Lottery Commission shall transfer an amount [allocated by law, but not to exceed] equal to 2.5 percent of the net receipts from video lottery games[,] from the State Lottery Fund to counties for economic development activities. [However, if net receipts from video lottery games in any biennium decrease to the point that 2.5 percent of those receipts is less than the amount allocated for the biennium beginning July 1, 2003, the commission shall transfer an amount equal to 2.5 percent of the net receipts from video lottery games for that biennium from the State Lottery Fund to counties for economic development activities.] Ninety percent of the moneys shall be distributed to each county in proportion to the gross receipts from video lottery games from each county. Ten percent of the moneys shall be distributed in equal amounts to each county.
(2) As used in this section:
(a) “Gross receipts from video lottery games” means the amount of money inserted into video lottery games plus the value of any free game prizes used by players for subsequent games.
(b) “Net receipts from video lottery games” means the amount of money that is received from the operation of video lottery games after the payment of prizes but prior to any other payment.
SECTION 10b. The amendments to ORS 461.547 by section 10a of this 2003 Act become operative on July 1, 2005.
SECTION 11. ORS 291.232 is amended to read:
291.232. (1) It is declared to be the policy and intent of the Legislative
Assembly that [the total appropriations
made by it, or the total of any budget approved by it, for any state agency,
shall be deemed to be the maximum amount necessary to meet the requirements of
such agency for the biennium, excepting as may otherwise be provided by law,
and that]:
(a)
The legislatively adopted or approved budget for a state agency constitutes a
determination by the Legislative Assembly of the amount needed by the agency
for the biennium to meet the responsibilities imposed on the agency through the
budget and through statutes governing the agency; and
(b)
Except as provided in subsections (2) and (3) of this section, appropriations
from the General Fund to a state agency constitute a direction to the agency to
spend the amount of moneys appropriated in order to meet the responsibilities
imposed on the agency through the budget and through statutes governing the
agency.
(2)
If a state agency does not need all of the moneys that are made available to it
by the legislatively adopted or approved budget to meet its responsibilities,
the agency need not spend all moneys appropriated or otherwise made available
to it.
(3)
The Governor and the Oregon Department of Administrative Services are given
the powers granted by ORS 291.201 to 291.222 and 291.232 to 291.260 in order
that [savings may be effected] the Governor and the department might
effect savings, without reducing the responsibilities imposed on state
agencies, by:
(a) Careful supervision throughout each biennium, with due regard to changing conditions[,]; and [by promoting]
(b) Promotion of more economic and efficient management of state agencies.
SECTION
12. (1) Notwithstanding the
legislative policy and intent declared in ORS 291.232, if the Oregon Department
of Administrative Services declares at any time during a biennium that there is
a projected deficit in that biennium, the department may, with the approval of
the Governor and in order to prevent the deficit, reduce the amount allotted to
state agencies under ORS 291.234 to 291.260 from the General Fund in the manner
provided in subsection (2) of this section.
(2)(a)
In reducing allotments under this section, the department and the Governor
shall follow legislative funding priorities as expressed in statutes and in the
legislatively adopted or approved budget for the biennium. Unless statutes or
the legislatively adopted or approved budget indicate otherwise, the department
and the Governor shall assume that all General Fund appropriations have the
same priority and shall reduce allotments of General Fund moneys for each state
agency receiving General Fund moneys by the same percentage.
(b)
The department and the Governor may not reduce allotments under this section by
a total amount that exceeds the amount necessary to bring the total estimated
General Fund ending balance to zero.
(3) For purposes of this section, the department may declare that there is a projected deficit if a quarterly estimate made as provided in ORS 291.342 indicates that the projected balance in the General Fund at the end of the biennium will be less than zero.
SECTION 13. ORS 291.002 is amended to read:
291.002. As used in ORS 291.001 to 291.034, 291.201 to 291.222, 291.232 to 291.260, 291.307 and 291.990 and section 12 of this 2003 Act, unless the context requires otherwise:
(1) “Classification of expenditures” means the major groups or categories of expenditures for the purpose of budget-making and accounting that are established as provided in ORS 291.206.
[(1)] (2) “Department” means the Oregon Department of Administrative Services.
[(2)] (3) “Director” means the Director of the Oregon Department of Administrative Services.
[(3)] (4) “Dedicated fund” means a fund in the State Treasury, or a separate account or fund in the General Fund in the State Treasury, that by law is dedicated, appropriated or set aside for a limited object or purpose; but “dedicated fund” does not include a revolving fund or a trust fund.
(5)
“Legislatively adopted budget” means the budget enacted by the Legislative
Assembly during a regular session.
(6) “Legislatively approved budget” means the legislatively adopted budget as modified by the Emergency Board or by the Legislative Assembly meeting in special session.
[(4)] (7) “Revolving fund” means a fund in the State Treasury, established by law, from which is paid the cost of goods or services furnished to or by a state agency, and which is replenished through charges made for such goods or services or through transfers from other accounts or funds; and specifically includes funds derived from receipts by the State Board of Higher Education of tuition, fees, dormitory earnings, student activity receipts and sales of products and services incident to education functions.
[(5)] (8) “Trust fund” means a fund in the State Treasury in which designated persons or classes of persons have a vested beneficial interest or equitable ownership, or which was created or established by a gift, grant, contribution, devise or bequest that limits the use of the fund to designated objects or purposes.
[(6) “Classification of expenditures” means the major groups or categories of expenditures for the purpose of budget-making and accounting that are established as provided in ORS 291.206.]
[(7)] (9) “State agency” or “agency” means every state officer, board, commission, department, institution, branch or agency of the state government, whose costs are paid wholly or in part from funds held in the State Treasury, except the Legislative Assembly, the courts and their officers and committees, and except the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices.
[(8)] (10) “State officer” means any elected or appointed state officer, including members of boards and commissions, except the members and officers of the Legislative Assembly, the courts and the Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices.
SECTION 14. ORS 291.003 is amended to read:
291.003. In all cases where federal granted funds are involved, the federal laws, rules and regulations applicable thereto shall govern notwithstanding any provision to the contrary in ORS 291.001 to 291.034, 291.201 to 291.222, 291.232 to 291.260, 291.307 and 291.990 and section 12 of this 2003 Act.
SECTION 15. ORS 199.432 is amended to read:
199.432. (1) A boundary commission created under ORS 199.425 or 199.430 may sue and be sued, enter into contracts and perform such other actions as may be necessary to carry out the provisions of ORS 199.410 to 199.534.
(2) A boundary commission is a state agency as defined in ORS 291.002 [(7)] and is not subject to the provisions of ORS 291.201 to 291.226, 291.232 to 291.260 and 291.371 to 291.385.
(3) A boundary commission employing personnel under ORS 199.455 shall provide employee benefits provided to state management service employees.
SECTION 16. ORS 292.039 is amended to read:
292.039. (1) The payment of the salary or compensation of the employees of the Department of Transportation and the officers and employees of any state agency, as defined in ORS 291.002 [(7)], if such agency is authorized by the Director of the Oregon Department of Administrative Services, where such salary or compensation is payable out of the State Treasury and is fixed by law or the proper governing board or authority at a definite rate per day, week, month or year, shall be made monthly, as provided in this section.
(2) The superintendent, president or chief executive officer of the institutions, boards, commissions or state agencies listed in subsection (1) of this section, or such other officer thereof as may be, with the approval of the department, designated by the proper governing board or authority, shall, at the end of each month, make out, certify and transmit to the department, a payroll, duly verified by the superintendent, president or chief executive officer or designated other officer and approved by the proper auditing committee or officer, showing the names of the several officers and employees during the preceding payroll period, the rate of compensation of each by the day, week, month or year, the time employed, the amount due and any other facts the department requires. The department, if it approves the payroll, shall draw a warrant on the State Treasurer for the aggregate amount allowed by it thereon, in favor of the superintendent, president or other officer of the institution, board, commission or state agency, who shall immediately pay over the moneys received thereon to the several parties entitled thereto, taking receipts therefor, which shall be transmitted to the department.
SECTION 17. ORS 576.435 is amended to read:
576.435. (1) The final budget prepared by the commission under ORS 576.415 (2) and the proposed and final budgets prepared by the commission under ORS 576.425 and 576.430 shall show the estimated receipts and expenditures by or under the authority of the commission under ORS 576.051 to 576.584 for the fiscal year for which the budget is adopted. The proposed budget prepared by the commission under ORS 576.425 shall also show the actual receipts and expenditures by or under the authority of the commission for the fiscal year preceding the fiscal year in which the proposed budget is prepared, if any, and the estimated receipts and expenditures by or under the authority of the commission for the fiscal year in which the proposed budget is prepared, if any.
(2) Estimated receipts and expenditures for the fiscal year for which the budget is adopted shall be fully itemized in the proposed and final budgets and shall be prepared and arranged to show in plain and succinct language each particular item of such receipts and expenditures. Such items of receipts and expenditures shall be arranged under major groups or categories as nearly as practicable the same as the most recent classifications of revenue and expenditures established under ORS 291.002 [(6)] and 291.206.
(3) The proposed and final budgets shall contain one estimate only for the fiscal year for which the budget is adopted for emergency or other expenditures unforeseen at the time the budget is prepared.
SECTION 18. ORS 577.440 is amended to read:
577.440. (1) The final budget prepared by the Oregon Beef Council under section 18, chapter 685, Oregon Laws 1959, and the proposed and final budgets prepared by the council under ORS 577.420 and 577.430 shall show the estimated receipts and expenditures by or under the authority of the council under ORS 577.110 to 577.605, 561.250 and 599.245 for the fiscal year for which the budget is adopted. The proposed budget prepared by the council under ORS 577.420 shall also show the actual receipts and expenditures by or under the authority of the council for the fiscal year preceding the fiscal year in which the proposed budget is prepared, if any, and the estimated receipts and expenditures by or under the authority of the council for the fiscal year in which the proposed budget is prepared, if any.
(2) Estimated receipts and expenditures for the fiscal year for which the budget is adopted shall be fully itemized in the proposed and final budget and shall be prepared and arranged to show in plain and succinct language each particular item of such receipts and expenditures. Such items of receipts and expenditures shall be arranged under major groups or categories as nearly as practicable the same as the most recent classifications of revenue and expenditures established under ORS 291.002 [(6)] and 291.206.
(3) The proposed and final budgets shall contain one estimate only for the fiscal year for which the budget is adopted for emergency or other expenditures unforeseen at the time the budget is prepared.
SECTION
19. (1) As used in this section:
(a)
“Administrative restrictions” means restrictions placed on activities of state
agencies by the Oregon Department of Administrative Services. “Administrative
restrictions” includes, but is not limited to, restrictions on travel,
furniture purchases, memberships, subscriptions, color printing, office moves,
information technology investments, meals, meetings, hiring, maintaining
vacancies, personal or professional services contracts and overtime.
(b)
“Government efficiency” means an action taken by a state agency that produces
savings without impairing the ability of the agency to meet responsibilities imposed
on the agency through budgets and statutes governing the agency.
(c)
“State agency” or “agency” has the meaning given in ORS 291.002.
(2)
Notwithstanding any other provision of law, each state agency that experiences
savings based on administrative restrictions or government efficiencies,
regardless of fund type in which the savings occur, shall calculate quarterly
the amount of moneys saved, certify the amount of the savings by fund type to
the department and report the amount of savings to the Legislative Fiscal
Officer.
(3)
Upon receipt of the certification required by subsection (2) of this section,
the department shall reduce the amount allotted to the certifying agency under
ORS 291.234 to 291.260 by the amount of savings certified.
(4)
Notwithstanding ORS 291.120, by July 31, 2004, the total amount by which
allotments of moneys from the General Fund have been reduced pursuant to
subsection (3) of this section as of July 1, 2004, shall revert to the General
Fund and become available for general governmental expenses.
(5) Notwithstanding ORS 291.120, by April 30, 2005, the total amount by which allotments of moneys from the General Fund have been reduced pursuant to subsection (3) of this section between July 1, 2004, and April 1, 2005, shall revert to the General Fund and become available for general governmental expenses.
SECTION 20. Section 19 of this 2003 Act is repealed on July 1, 2005.
SECTION
21. (1) Notwithstanding any
other provision of law, for the biennium beginning July 1, 2003, in addition to
and not in lieu of any other distributions or allocations of moneys to counties
and cities, the Department of Transportation shall distribute $9,637,723 to
counties and $6,425,147 to cities for highway preservation projects.
(2)(a)
Moneys distributed to counties under this section shall be distributed in the
manner provided in ORS 366.530 for moneys allocated to counties under ORS
366.524.
(b) Moneys distributed to cities under this section shall be distributed in the manner provided in ORS 366.805 (1) for moneys allocated to cities under ORS 366.524.
SECTION 22. ORS 173.790 is amended to read:
173.790. (1) There is established for the Legislative Administration Committee a Stores Revolving Account. The committee may pay for rent, staff, stocks of supplies, materials, equipment and fixtures used under ORS 173.785 from the Stores Revolving Account for the purpose of supplying current requirements, the cost of which shall be reimbursed to the revolving account through receipts on the basis of sales. The moneys in the Stores Revolving Account are appropriated continuously to the committee for the purposes of this [section] subsection.
(2) Quarterly any amount in the Stores Revolving Account in excess of $30,000 shall be transferred and credited to the State Capitol Operating Account established under ORS 276.003, to be accounted for separately and to be used as provided in ORS 173.785 (2). The use shall be considered to be an operating and maintenance expense of the State Capitol.
(3) There is established for the Legislative Administration Committee a Property and Supplies Stores Account. The committee may pay for rent, staff, stocks of supplies, materials, equipment and fixtures used to provide supplies for resale to tenants of the State Capitol from the Property and Supplies Stores Account for the purpose of supplying current requirements, the cost of which shall be reimbursed to the account through receipts on the basis of sales. The moneys in the Property and Supplies Stores Account are appropriated continuously to the committee for the purposes of this subsection.
SECTION 23. Notwithstanding any other provision of law, for the biennium beginning July 1, 2003, the Oregon Department of Administrative Services may pay, from moneys appropriated for such purposes, unemployment compensation, accrued paid vacation leave and other obligations of state agencies.
NOTE: Section 24 was deleted by amendment. Subsequent sections were not renumbered.
SECTION 25. ORS 173.795 and 291.254 are repealed.
SECTION 26. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.
Approved by the Governor August 29, 2003
Filed in the office of Secretary of State September 2, 2003
Effective date August 29, 2003
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