Chapter 789 Oregon Laws 2005

AN ACT

SB 5543

Relating to state financial administration; appropriating money; limiting expenditures; and declaring an emergency.

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

SECTION 1. The following amounts are appropriated to the Department of Education, for the biennium beginning July 1, 2005, out of the General Fund, for the following purposes:

(1) Operations....................................... $ 31,826,129

(2) Oregon State Schools for

the Deaf and for the Blind............. $ 16,997,830

SECTION 2. The following amounts, which are to be distributed as grants-in-aid and to purchase services, are appropriated to the Department of Education, for the biennium beginning July 1, 2005, out of the General Fund, for the following purposes:

(1) Early intervention services

and early childhood special

education programs........................ $ 84,732,417

(2) Educating children with

disabilities in regional

programs pursuant to

ORS 343.236................................... $ 30,832,573

(3) Educating children with

disabilities in hospital

programs......................................... $ 1,527,083

(4) Educating children with

disabilities in long term

care or treatment programs........... $ 17,665,484

(5) Oregon prekindergarten

program........................................... $ 55,368,304

(6) Start Making a Reader Today

(SMART) program........................ $ 100,000

(7) Connectivity services for

school districts................................. $ 600,000

(8) Summer food service programs.... $ 50,176

(9) Student leadership centers............. $ 736,688

(10) Frontier Learning Network........... $ 350,000

SECTION 3. Notwithstanding any other law limiting expenditures, the following amounts are established for the biennium beginning July 1, 2005, as the maximum limits for payment of expenses, other than expenses described in sections 6 and 10 of this 2005 Act, from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Department of Education for the following purposes:

(1) Operations....................................... $ 9,451,398

(2) Oregon State Schools for

the Deaf and for the Blind............. $ 3,316,266

(3) Youth Corrections

Education Program........................ $ 24,361,796

SECTION 4. Notwithstanding any other law limiting expenditures, the following amounts are established for the biennium beginning July 1, 2005, as the maximum limits for payment of expenses from federal funds, other than those described in sections 5 and 10 of this 2005 Act, collected or received by the Department of Education for the following purposes:

(1) Operations....................................... $ 42,038,013

(2) Oregon State Schools for

the Deaf and for the Blind............. $ 368,413

(3) Youth Corrections

Education Program........................ $ 2,462,907

SECTION 5. Notwithstanding any other law limiting expenditures, the following amounts are established for the biennium beginning July 1, 2005, as the maximum limits for payment of grants-in-aid and purchased services from federal funds received by the Department of Education from the United States Department of Education and from other federal agencies other than the United States Department of Agriculture from the following sources:

(1) Individuals with

Disabilities Education Act.............. $ 248,212,674

(2) Title IA - Grants to

local educational agencies.............. $ 247,142,256

(3) Title IC - Migrant education.......... $ 25,564,947

(4) Title IIA - Teacher quality............. $ 55,585,911

(5) Vocational education...................... $ 15,743,566

(6) All other federal programs............ $ 96,197,930

SECTION 6. Notwithstanding any other law limiting expenditures, the amount of $14,894,661 is established for the biennium beginning July 1, 2005, as the maximum limit for payment of grants-in-aid and purchased services from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Department of Education for grant programs other than those specified in section 2 of this 2005 Act.

SECTION 7. Notwithstanding any other law limiting expenditures, the amount of $54,536,831 is established for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses by the Department of Education from lottery moneys allocated from the Administrative Services Economic Development Fund to the department for debt service on the outstanding state education lottery bonds issued during the 1997-1999 and 1999-2001 biennia.

SECTION 8. Notwithstanding any other law limiting expenditures, the amount of $1,929,913 is established for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses by the Department of Education from lottery moneys allocated from the Oregon Education Fund to the department for debt service on the outstanding state education lottery bonds issued during the 1997-1999 and 1999-2001 biennia.

SECTION 9. Notwithstanding any other law limiting expenditures, the amount of $2,193,726 is established for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses by the Department of Education from Lottery Bond Fund earnings collected or received by the department for debt service on the outstanding state education lottery bonds issued during the 1997-1999 and 1999-2001 biennia.

SECTION 10. For the biennium beginning July 1, 2005, the following expenditures by the Department of Education are not limited:

(1) Moneys from the School Lunch Revolving Account, Education Training Revolving Account, Private Vocational School Tuition Protection Fund and Distance Learning Fund; and

(2) Expenditures for grants-in-aid and purchased services from federal funds received by the Department of Education from the United States Department of Agriculture.

SECTION 11. (1) In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $4,893,114, to be allocated to the Department of Education for early intervention services and early childhood special education programs.

(2) In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $1,800,000, to be allocated to the Department of Education for the prekindergarten through grade 16 integrated data systems (KIDS) project.

(3) If any of the moneys appropriated by subsection (1) or (2) of this section are not allocated by the Emergency Board prior to December 1, 2006, the moneys remaining on that date become available for any purpose for which the Emergency Board lawfully may allocate funds.

SECTION 12. 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

__________