Chapter 794 Oregon Laws 2005

AN ACT

HB 5023

Relating to state financial administration; creating new provisions; amending section 10, chapter 789, Oregon Laws 2005 (Enrolled Senate Bill 5543), and section 4, chapter 776, Oregon Laws 2005 (Enrolled Senate Bill 5546); repealing section 4, chapter 697, Oregon Laws 2005 (Enrolled House Bill 5139); 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 Emergency Board, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $30,000,000 for the purposes for which the Emergency Board lawfully may allocate such moneys.

SECTION 2. (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 $130,000,000, to be allocated to state agencies for state employee compensation changes for the biennium beginning July 1, 2005.

(2) If any of the moneys appropriated by subsection (1) 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 3. (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 $10,000,000, to be allocated to state agencies for home care worker collective bargaining changes for the biennium beginning July 1, 2005.

SECTION 4. Section 4, chapter 697, Oregon Laws 2005 (Enrolled House Bill 5139), is repealed.

SECTION 5. Notwithstanding any other law limiting expenditures, the limitation on expenditures established by section 2 (5), chapter 697, Oregon Laws 2005 (Enrolled House Bill 5139), for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses from lottery moneys allocated from the Parks and Natural Resources Fund to the State Parks and Recreation Department for facility repair and maintenance, is decreased by $1,001,999.

SECTION 6. Notwithstanding any other law limiting expenditures, the limitation on expenditures established by section 2 (2), chapter 776, Oregon Laws 2005 (Enrolled Senate Bill 5546), for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses for South Slough National Estuarine Research Reserve operations, from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Department of State Lands, is increased by $165,000.

SECTION 7. Notwithstanding any other law limiting expenditures, the limitation on expenditures established by section 3 (2), chapter 776, Oregon Laws 2005 (Enrolled Senate Bill 5546), for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses for South Slough National Estuarine Research Reserve operations, from federal funds, collected or received by the Department of State Lands, is increased by $120,000.

SECTION 8. Section 4, chapter 776, Oregon Laws 2005 (Enrolled Senate Bill 5546), is amended to read:

Sec. 4. For the biennium beginning July 1, 2005, expenditures by the Department of State Lands for [distribution of interest earnings on the Common School Fund to counties for apportionment among the school districts of the county,] unclaimed property finders fees and State Treasurer charges for investment related transactions are not limited.

SECTION 9. The amendments to section 4, chapter 776, Oregon Laws 2005 (Enrolled Senate Bill 5546), by section 8 of this 2005 Act, become operative on January 1, 2006.

SECTION 10. Section 10, chapter 789, Oregon Laws 2005 (Enrolled Senate Bill 5543), is amended to read:

Sec. 10. For the biennium beginning July 1, 2005, the following expenditures by the Department of Education and the Superintendent of Public Instruction are not limited:

(1) [Moneys] Expenditures 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; and

(3) Expenditures for distribution of moneys transferred by the Department of State Lands from the Distributable Income Account, as provided in ORS 327.410.

SECTION 11. The amendments to section 10, chapter 789, Oregon Laws 2005 (Enrolled Senate Bill 5543), by section 10 of this 2005 Act become operative on January 1, 2006.

SECTION 12. In addition to and not in lieu of any other appropriation, there is appropriated to the Oregon Department of Administrative Services, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $409,956, which may be expended for operating costs of the Oregon Progress Board.

SECTION 13. Notwithstanding any other provision of law, the authorized appropriations and expenditure limitations for the biennium beginning July 1, 2005, for the following agencies and programs are changed by the amounts specified:

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(1) HUMAN SERVICES.

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2005

Oregon Laws

Chapter/

Agency/Program/Funds Section Adjustment

Department of Human Services:

Department-wide support

services

General Fund HB 5148 1(1) -$22,596

Federal funds HB 5148 4(1) -788

Children, Adults and Families

General Fund HB 5148 1(2) -177,352

Federal funds HB 5148 4(2) -3,520

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(2) JUDICIAL BRANCH.

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2005

Oregon Laws

Chapter/

Agency/Program/Funds Section Adjustment

Public Defense Services

Commission:

Legal Services

General Fund ch. 552 1(1) -$9,446

Public Defense Services

Account

General Fund ch. 552 1(2) -256,347

Contract and Business

Services

General Fund ch. 552 1(3) +265,793

Judicial Department:

Operations

General Fund ch. 604 1(1) +800,000

Other funds ch. 604 2 -800,000

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(3) NATURAL RESOURCES.

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2005

Oregon Laws

Chapter/

Agency/Program/Funds Section Adjustment

State Department of

Fish and Wildlife:

Fish propagation

Other funds HB 5165 2(1)(a) +$100,000

State Forestry Department:

Private and community

forests

Other funds SB 5612 2(4) -104,057

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(4) PUBLIC SAFETY.

____________________________________________________________________________

2005

Oregon Laws

Chapter/

Agency/Program/Funds Section Adjustment

State Board of Parole and

Post-Prison Supervision

General Fund HB 5121 1 +$18,057

Department of Public Safety

Standards and Training:

Operations

Other funds HB 5136 2(1) +199,164

Oregon Youth Authority

Operations

General Fund ch. 554 1(1) +199,948

Federal funds ch. 554 3 +4,308

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SECTION 14. Notwithstanding any other law limiting expenditures of the Department of Community Colleges and Workforce Development for the payment of expenses of the department from federal funds, for the biennium ending June 30, 2005, the limitation on expenditures for the Department of Community Colleges and Workforce Development established by section 3, chapter 721, Oregon Laws 2003, as modified by Emergency Board action, is increased by $2,000,000.

SECTION 15. Notwithstanding any other law limiting expenditures of the Teacher Standards and Practices Commission for the payment of expenses of the commission from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the commission for the biennium ending June 30, 2005, the limitation on expenditures for the Teacher Standards and Practices Commission established by section 1, chapter 507, Oregon Laws 2003, as modified by Emergency Board action, is increased by $30,000.

SECTION 16. Notwithstanding any other law limiting expenditures of the State Board of Clinical Social Workers for the payment of expenses of the board from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the board for the biennium ending June 30, 2005, the limitation on expenditures for the State Board of Clinical Social Workers established by section 1, chapter 479, Oregon Laws 2003, as modified by Emergency Board action, is increased by $1,500.

SECTION 17. Notwithstanding any other law limiting expenditures, the amount of $90,000 is established for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Oregon Board of Investigators.

SECTION 18. Notwithstanding any other law limiting expenditures, the amount of $7,040,489 is established for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Oregon State Fair and Exposition Center.

SECTION 19. Notwithstanding any other law limiting expenditures, the limitation on expenditures established by section 2, chapter 694, Oregon Laws 2005 (Enrolled House Bill 5129), for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Department of Justice, is increased by $349,803 for tobacco tax compliance activities.

SECTION 20. Notwithstanding any other law limiting expenditures, the limitation on expenditures established by section 5, chapter 580, Oregon Laws 2005 (Enrolled Senate Bill 5573), for the biennium beginning July 1, 2005, as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, except those deposited in the Multistate Tax Commission Revolving Account and the Senior Property Tax Deferral Revolving Account, but excluding lottery funds and federal funds, collected or received by the Department of Revenue, is increased by $349,803 for payments to the Department of Justice for tobacco tax compliance activities.

SECTION 21. In addition to and not in lieu of any other appropriation, there is appropriated to the Oregon Student Assistance Commission, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $400,000 for the Oregon Opportunity Grant program.

SECTION 22. In addition to and not in lieu of any other appropriation, there is appropriated to the Oregon Youth Authority, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $750,000 for gang intervention services in east Multnomah County.

SECTION 23. In addition to and not in lieu of any other appropriation, there is appropriated to the Legislative Assembly, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $200,000 for contracted information-technology services.

SECTION 24. In addition to and not in lieu of any other appropriation, there is appropriated to the State Department of Agriculture, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $50,000 for insect control in Malheur County.

SECTION 25. In addition to and not in lieu of any other appropriation, there is appropriated to the Oregon Department of Administrative Services, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $224,000 for the Oregon Law Commission to conduct a project on reform of government ethics laws.

SECTION 26. In addition to and not in lieu of any other appropriation, there is appropriated to the State Department of Fish and Wildlife, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $224,000, for the restoration of Diamond Lake.

SECTION 27. In addition to and not in lieu of any other appropriation, there is appropriated to the Oregon Department of Administrative Services, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $100,000, for the City of Hillsboro for grants to support projects that enhance cultural, economic and community development.

SECTION 28. In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Human Services, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $250,000, for the purpose of abstinence education programs.

SECTION 29. In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Human Services, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $298,900, for grants to community-based agencies that provide domestic violence and sexual assault services.

SECTION 30. In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Human Services, for the biennium beginning July 1, 2005, out of the General Fund, the amount of $300,000, for the workforce alcohol and drug prevention services contract.

SECTION 31. 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 $400,000, for the Local Option Equalization Grants Account.

SECTION 32. (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 $800,000, to be allocated to the Department of Education for the Local Option Equalization Grants Account.

SECTION 33. 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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