Chapter 538 Oregon Laws 2005

AN ACT

SB 577

Relating to state libraries; amending ORS 357.203; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 357.203 is amended to read:

357.203. (1) The State Library and State of Oregon Law Library operating budget for services to state agencies shall be assessed against all state agencies except the Oregon University System. The State Library assessment shall be apportioned among the agencies [on the basis of] as follows:

(a) One-third of the assessment shall be based on the use of the State Library by the agency; and

(b) Two-thirds of the assessment shall be based on the number of full-time equivalent employees budgeted by the agency.

(2) Except as provided in subsection [(3)] (4) of this section, the Oregon Department of Administrative Services shall cause the amount assessed to be transferred from the moneys appropriated to each state agency to the Miscellaneous Receipts Account for the State Library.

[(2)] (3) Subject to the provisions of subsection [(4)] (5) of this section, the department shall determine and may at any time redetermine which state funds or appropriations shall be assessed a reasonable share of State Library and State of Oregon Law Library operating expenses that support state agencies. In determining or redetermining the funds that shall be so assessed:

(a) A fund consisting of moneys the use of which is restricted by the Oregon Constitution shall be assessed only those governmental service expenses ascertained as being necessarily incurred in connection with the purposes set forth in the Oregon Constitution.

(b) Trust funds shall be assessed only those governmental service expenses ascertained as being necessarily incurred in connection with the purposes for which the trust fund was established.

(c) State agencies shall be assessed only the State Library and State of Oregon Law Library expenditures that support state agencies.

[(3)] (4) The Oregon Department of Administrative Services shall cause the amount assessed against state agencies for the operating budget of the State of Oregon Law Library to be transferred to the Judicial Department. Moneys transferred under this subsection are continuously appropriated to the Judicial Department and may be used only for the costs of operating the State of Oregon Law Library.

[(4)] (5) Unless the Oregon Department of Administrative Services and the Judicial Department agree to a different methodology and formula, the State of Oregon Law Library assessment shall be apportioned on the basis of the number of full-time equivalent employees budgeted by the agency. [agree to a different methodology and formula, the Oregon Department of Administrative Services shall apply the methodology and formula used by the Oregon Department of Administrative Services in determining the amounts to be assessed to state agencies for the operating expenses of the State Library in determining the amounts to be assessed to state agencies for the operating expenses of the State of Oregon Law Library. Usage figures for the State of Oregon Law Library shall be based on data provided by the Judicial Department.]

[(5) As used in this section, “state library assessment” means an assessment to state agencies of the State Library and State of Oregon Law Library expenses that are attributable to the support of those agencies.]

SECTION 2. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect July 1, 2005.

Approved by the Governor July 15, 2005

Filed in the office of Secretary of State July 15, 2005

Effective date July 15, 2005

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