73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1175
Senate Bill 295
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senator Floyd Prozanski)
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 as
introduced.
Modifies distribution of fines collected in traffic offense
cases.
A BILL FOR AN ACT
Relating to distribution of fines; amending ORS 153.630, 327.008
and 802.110.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 153.630 is amended to read:
153.630. (1) Costs and one-half of all fines collected in
traffic offense cases by any court having jurisdiction of the
traffic offense shall be paid as follows:
(a) If collected in a circuit court, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the state.
(b) If collected in a justice court, to be credited and
distributed under ORS 137.293 and 137.295 to the treasurer of the
county in which the offense occurred, as a monetary obligation
payable to the county.
(c) If collected in a municipal court, to be credited and
distributed under ORS 137.293 and 137.295 to the city treasurer,
as a monetary obligation payable to the city.
(2) The other half of such fines shall be { - paid as
follows: - }
{ - (a) If resulting from prosecutions initiated by or from
arrests or complaints made by a member of the Oregon State
Police, to be - } credited and distributed under ORS 137.293 and
137.295, as a monetary obligation payable to the state.
{ - (b) If resulting from prosecutions initiated by or from
arrests or complaints made by a motor carrier enforcement
officer, to be credited and distributed under ORS 137.293 and
137.295, as a monetary obligation payable to the state. - }
{ - (c) If resulting from prosecutions initiated by or from
arrests or complaints made by a city police officer, including a
city marshal or a member of the police of a city or municipal or
quasi-municipal corporation, to be credited and distributed under
ORS 137.293 and 137.295: - }
{ - (A) To the treasurer of the city or municipal or
quasi-municipal corporation by which such police officer is
employed, as a monetary obligation to that political subdivision
of the state if the offense occurred within the boundaries of the
city or municipal or quasi-municipal corporation; or - }
{ - (B) As a monetary obligation payable to the state if the
offense occurred outside the boundaries of the city or municipal
or quasi-municipal corporation. - }
{ - (d) If resulting from prosecutions initiated by or from
arrests or complaints made by a sheriff, deputy sheriff or county
weighmaster, to be credited and distributed under ORS 137.293 and
137.295 to the treasurer of the county in which the offense
occurred, as a monetary obligation payable to that county and to
be credited to the general fund of that county. - }
{ - (e) If resulting from prosecutions for parking in a
winter recreation parking location, to be credited and
distributed under ORS 137.293 and 137.295, as a monetary
obligation payable to the state. - }
{ - (f) In other cases, to be credited and distributed under
ORS 137.293 and 137.295, as a monetary obligation to the same
entity to which payment is made of the half provided for in
subsection (1) of this section. - }
{ - (3) If provisions of subsection (2)(b) or (e) of this
section are applicable, and if the fine or penalty imposed is
remitted, suspended or stayed, or the offender against whom the
fine or penalty was levied or imposed serves time in jail in lieu
of paying the fine or penalty or a part thereof, the committing
judge or magistrate shall certify the facts thereof in writing to
the State Court Administrator in the case of a circuit court or
the Department of Revenue in the case of a justice or municipal
court not later than the 10th day of the month next following the
month in which the fine was remitted or penalty suspended. If any
part of the fine is thereafter paid, it shall be remitted to the
judge or magistrate who imposed the fine or penalty, who shall
distribute it as provided in subsections (1) and (2) of this
section. - }
{ + (3) Except as otherwise provided in subsection (6) of
this section, of the moneys credited and distributed pursuant to
subsection (2) of this section:
(a) One-half shall be deposited into the State School Fund and
may be used only for drivers education programs in high schools;
and
(b) One-half shall be deposited into the Police Standards and
Training Account and may be used only for police officer
training. + }
(4) If a fine is subject to division between two entities under
this section and a sentence to pay a fine is imposed by the
court, any remittance, suspension or stay of the fine portion of
the sentence must be attributed on an equal basis to both of the
entities entitled to a share of the fine.
(5) Distribution of fines and costs collected in a justice or
municipal court under this section must be made not later than
the last day of the month immediately following the month in
which the fines and costs are collected.
(6) All fines collected as a result of citations issued by a
member of the Oregon State Police for a violation of ORS 813.095
and credited and distributed to the state under subsections
(1)(a) and { - (2)(a) - } { + (2) + } of this section shall
be deposited in the State Police Account established in ORS
181.175 to be used by the Department of State Police for the
enforcement of laws concerning driving while under the influence
of intoxicants.
SECTION 2. ORS 802.110 is amended to read:
802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
(1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
(a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415, amounts transferred to the
State Aviation Account by ORS 319.417 and amounts transferred to
the Department of Transportation Operating Fund by ORS 184.643.
(c) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the department for the following
purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts as
provided under ORS 336.805.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
(e) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Environmental Quality
Information Account. The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses heretofore and hereafter incurred in
administering programs established under ORS 366.157.
(f) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
(g) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund,
including but not limited to, payments to the Department of
Transportation Operating Fund established by ORS 184.642 (1) and
(2).
(3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed. Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits { - or from moneys received under ORS 153.630 from
violation of the requirement to have the permit - } .
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections. The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
(d) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
(e) The department shall pay its expenses for collecting title,
registration, exemption and trip permit fees for manufactured
structures and for the performance of its duties required under
ORS 820.500 to 820.580 from the fees collected for such purposes.
Except as provided in ORS 366.512, moneys from the described fees
that remain after payment of the department's expenses shall be
transferred to the State Highway Fund to be used for the same
purpose as any tax or excise levied on the ownership, operation
or use of a motor vehicle.
(5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
(a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
(a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(c) Moneys received from the issuance of winter recreation
parking permits { - or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit - } and
that is not used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
(a) Moneys collected from the issuance of winter recreation
parking permits { - or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit - } , and
the interest on such moneys, shall be used to enforce the
requirement for winter recreation parking permits and to remove
snow from winter recreation parking locations designated under
ORS 810.170. Any remaining moneys shall, upon approval by the
Winter Recreation Advisory Committee:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or
under ORS 802.120 shall be used for the development and
maintenance of snowmobile facilities, including the acquisition
of land therefor by any means other than the exercise of eminent
domain. Moneys received under ORS 802.120 may also be used for
the enforcement of ORS 811.590, 821.100 to 821.120, 821.140,
821.150, 821.190, 821.210 and 821.240 to 821.290.
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund. The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances. The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
SECTION 3. ORS 802.110, as amended by section 95, chapter 655,
Oregon Laws 2003, is amended to read:
802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
(1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
(a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415, amounts transferred to the
State Aviation Account by ORS 319.417 and amounts transferred to
the Department of Transportation Operating Fund by ORS 184.643.
(c) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the department for the following
purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts as
provided under ORS 336.805.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
(e) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Environmental Quality
Information Account. The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses heretofore and hereafter incurred in
administering programs established under ORS 366.157.
(f) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
(g) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund,
including but not limited to, payments to the Department of
Transportation Operating Fund established by ORS 184.642 (1) and
(2).
(3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed. Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits { - or from moneys received under ORS 153.630 from
violation of the requirement to have the permit - } .
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections. The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
(d) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
(5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
(a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
(a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(c) Moneys received from the issuance of winter recreation
parking permits { - or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit - } and
that is not used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
(a) Moneys collected from the issuance of winter recreation
parking permits { - or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit - } , and
the interest on such moneys, shall be used to enforce the
requirement for winter recreation parking permits and to remove
snow from winter recreation parking locations designated under
ORS 810.170. Any remaining moneys shall, upon approval by the
Winter Recreation Advisory Committee:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or
under ORS 802.120 shall be used for the development and
maintenance of snowmobile facilities, including the acquisition
of land therefor by any means other than the exercise of eminent
domain. Moneys received under ORS 802.120 may also be used for
the enforcement of ORS 811.590, 821.100 to 821.120, 821.140,
821.150, 821.190, 821.210 and 821.240 to 821.290.
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund. The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances. The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
SECTION 4. ORS 327.008 is amended to read:
327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly { + , + } { - and - } moneys
transferred from the Education Stability Fund { + and moneys
deposited in the fund pursuant to ORS 153.630 (3) + }. The State
School Fund is continuously appropriated to the Department of
Education for the purposes of ORS 327.006 to 327.077, 327.095,
327.099, 327.101, 327.125, 327.137, 336.575, 336.580, 336.635,
342.173, 343.243, 343.533 and 343.961.
(2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.013.
(3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under sections 2 to 7, chapter 695, Oregon Laws 2001.
(4) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
(5) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
(6) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
(7) The total amount of the State School Fund that is
distributed as facility grants may not exceed $17.5 million in
any biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
(8) Each fiscal year, the Department of Education shall
transfer the amount of $12 million from the State School Fund to
the High Cost Disabilities Account established in section 2,
chapter 715, Oregon Laws 2003.
SECTION 5. ORS 327.008, as amended by section 13, chapter 695,
Oregon Laws 2001, section 14, chapter 6, Oregon Laws 2002 (third
special session), and sections 5 and 7, chapter 715, Oregon Laws
2003, is amended to read:
327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly { + , + } { - and - } moneys
transferred from the Education Stability Fund { + and moneys
deposited in the fund pursuant to ORS 153.630 (3) + }. The State
School Fund is continuously appropriated to the Department of
Education for the purposes of ORS 327.006 to 327.077, 327.095,
327.099, 327.101, 327.125, 327.137, 336.575, 336.580, 336.635,
342.173, 343.243, 343.533 and 343.961.
(2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant minus local revenue, computed as
provided in ORS 327.013.
(3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
(4) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
(5) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
(6) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
(7) The total amount of the State School Fund that is
distributed as facility grants may not exceed $17.5 million in
any biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
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