72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to A-Eng. HB 2148
 
LC 1267/HB 2148-A10
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2148
 
                 By SPECIAL COMMITTEE ON BUDGET
 
                            August 22
 
  On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
delete the rest of the line and line 3 and insert ' 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.'.
  Delete lines 5 through 21 and delete pages 2 through 7 and
insert:
  '  { +  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 July 1,
2003, for the state medical assistance program. + }
  '  { +  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 July 1, 2003.
  ' (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 July 1, 2003. + }
  '  { +  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) Oregon JOBS Plus Unemployment Wage Fund, ORS 657.925,
$2.5 million.
  ' (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) Oregon Student Assistance Commission, Oregon JOBS
Individual Education Account, ORS 411.894, $674,765.
  ' (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 June 1, 2005, the amount of $3,986,904
shall be transferred from the State Forestry Department Account
established in ORS 526.060 to the General Fund to be available
for forest fire protection. + }
  '  { +  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 June 30, 2003;
  ' (c) Apportion the other fund expenditure limitation
reductions identified in section ___, chapter ___, Oregon Laws
2003 (Enrolled House Bill 5077), to each other fund account;
  ' (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 January 1, 2005, for each state agency,
the amount identified under subsection (1)(d) of this section
shall be transferred to the General Fund to be available for
general governmental expenses.
  ' (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. + }
  '  { +  SECTION 24. + }  { + Notwithstanding ORS 285B.416 and
285B.455 and subject to the purposes outlined in ORS 285B.410 to
285B.479, for the biennium beginning July 1, 2003, the Economic
and Community Development Department may expend from the Special
Public Works Fund up to $10 million of the proceeds from lottery
bonds authorized by section 3, chapter ___, Oregon Laws 2003
(Enrolled House Bill 3446), for railroad infrastructure
projects. + }
  '  { +  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. + } ' .
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