Chapter 786 Oregon Laws 2005

AN ACT

SB 5510

Relating to the financial administration of the Department of Education; 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, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $4,833,992,341 for the State School Fund.

SECTION 2. Notwithstanding any other law limiting expenditures, the amount of $405,057,659 is established for the biennium beginning July 1, 2005, 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 3. Notwithstanding any other law limiting expenditures, the amount of $950,000 is established for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses by the Department of Education from moneys received from the Western Oregon Timber Tax Account, the Eastern Oregon Timber Tax Account, the Western Oregon Timber Severance Tax Fund and the Eastern Oregon Timber Severance Tax Fund for the State School Fund.

SECTION 4. (1) The Department of Education may not spend more than $2,566,584,519 from the State School Fund for the fiscal year beginning July 1, 2005.

(2) The Department of Education may not spend more than $2,696,415,481 from the State School Fund for the fiscal year beginning July 1, 2006.

SECTION 5. (1) In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Education, for the fiscal year beginning July 1, 2006, out of the General Fund, the amount determined by the Oregon Department of Administrative Services under section 6 (2) of this 2005 Act, for the State School Fund.

(2) Notwithstanding subsection (1) of this section, the amount appropriated under subsection (1) of this section may not be more than $23,000,000.

SECTION 6. (1) Section 5 of this 2005 Act becomes operative only if the Oregon Department of Administrative Services determines, based on the estimate of revenues scheduled to be released by the department in June 2006, as required by ORS 291.342, that the total amount of General Fund revenues estimated to be available for the biennium beginning July 1, 2005, is more than the total amount of General Fund revenues estimated to be available for the biennium beginning July 1, 2005, in the end-of-session estimate that is reported to the Emergency Board under ORS 291.349 (1).

(2) If the condition specified in subsection (1) of this section is met, the department shall determine the amount that is equal to the difference between the total amount of General Fund revenues estimated to be available for the biennium beginning July 1, 2005, included in the estimate of revenues scheduled to be released by the department in June 2006 and the total amount of General Fund revenues that was estimated to be available for the biennium beginning July 1, 2005, in the end-of-session estimate that is reported to the Emergency Board under ORS 291.349 (1).

(3) If the condition specified in subsection (1) of this section is met, section 5 of this 2005 Act becomes operative on July 1, 2006.

SECTION 7. 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 August 29, 2005

Filed in the office of Secretary of State August 29, 2005

Effective date August 29, 2005

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