72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
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 2936
A-Engrossed
House Bill 3036
Ordered by the House April 15
Including House Amendments dated April 15
Sponsored by Representative MARCH
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.
Establishes Oregon Project Independence Fund. Requires excess
moneys from Senior Property Tax Deferral Revolving Account to be
transferred to Oregon Project Independence Fund. Limits
expenditures from Oregon Project Independence Fund.
A BILL FOR AN ACT
Relating to state finance; creating new provisions; amending ORS
310.692 and 410.425; appropriating money; and limiting
expenditures.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Project Independence Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Oregon Project Independence
Fund shall be credited to the Oregon Project Independence Fund.
Moneys in the Oregon Project Independence Fund at the end of a
biennium are retained in the Oregon Project Independence Fund and
do not revert to the General Fund.
(2) The Oregon Project Independence Fund consists of moneys
appropriated to the fund by the Legislative Assembly, interest
earned by the fund, moneys contributed to the fund by donors and
moneys transferred to the fund under ORS 310.692.
(3) Moneys in the Oregon Project Independence Fund are
continuously appropriated to the Department of Human Services for
the purpose of funding Oregon Project Independence as provided in
ORS 410.410 to 410.480. + }
SECTION 2. ORS 410.425 is amended to read:
410.425. The funds available for purposes of ORS 410.410 to
410.480 shall be kept in separate accounts in the { - General
Fund - } { + Oregon Project Independence Fund + }. One account
shall be used for funds appropriated for persons otherwise
eligible who are 60 years of age or older. The other account
shall be used for funds appropriated for persons otherwise
eligible who have Alzheimer's disease or a related disorder.
SECTION 3. { + On the effective date of this 2003 Act, moneys
in separate accounts described in ORS 410.425, prior to the
amendment of ORS 410.425 by section 2 of this 2003 Act, shall be
transferred to separate accounts in the Oregon Project
Independence Fund, as prescribed by ORS 410.425, as amended by
section 2 of this 2003 Act. + }
SECTION 4. ORS 310.692 is amended to read:
310.692. (1) Amounts necessary to make the payments authorized
by ORS 307.244 and 310.635 shall be transferred to a suspense
account established under ORS 293.445 from the appropriation made
by the Legislative Assembly to fund the elderly rental assistance
program. Moneys in the suspense account are continuously
appropriated to the Department of Revenue to carry out the
purposes of the elderly rental assistance program.
(2) If any portion of the tax liability for which the refund
payments described in subsection (1) of this section are
authorized are offset against the refund, the Department of
Revenue shall transfer from the suspense account referred to in
subsection (1) of this section to the General Fund an amount
equal to the income tax liability.
(3) Of the total amount transferred to the suspense account
referred to in subsection (1) of this section for the biennium,
the department shall allocate a portion to each fiscal year. The
allocation shall be the department's best estimate of the most
efficient use of the moneys in the suspense account so as to
minimize any reductions in the payments required under ORS
307.244 and 310.635 for each fiscal year.
(4) On or before November 1 of each fiscal year of each
biennium, the Department of Revenue shall determine the amount of
money needed to make the payments under ORS 307.244 and 310.635
for that fiscal year. If the sum of the obligations is greater
than the amounts credited to the suspense account referred to in
subsection (1) of this section and allocated to that fiscal year
for those obligations under subsection (3) of this section, the
payments required under ORS 307.244 and 310.635 shall be
proportionally reduced so that the state does not accrue a debt
in excess of the amount credited. A claim for payment may not
accrue to a taxpayer under ORS 310.635 or to a county under ORS
307.244 in excess of the amount determined under this subsection.
(5) If the amount allocated to { - the first - }
{ + any + } fiscal year of a biennium under subsection (3) of
this section exceeds the amount of actual payments made under ORS
307.244 or 310.635, the excess amount shall be { - available
for payments under ORS 307.244 or 310.635 in the second fiscal
year of the biennium - } { + transferred to the Oregon Project
Independence Fund established under section 1 of this 2003 Act on
the last day of the fiscal year + }.
SECTION 5. { + In addition to and notwithstanding any other
law limiting expenditures, the amount of $13,730,000 is
established for the biennium beginning July 1, 2003, as the
maximum limit for payment of expenses from moneys appropriated
from the Oregon Project Independence Fund to the Department of
Human Services for funding Oregon Project Independence. + }
SECTION 6. { + Section 1 of this 2003 Act is added to and made
a part of ORS 410.410 to 410.480. + }
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