74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 2214
LC 704/HB 2214-4
HOUSE AMENDMENTS TO
HOUSE BILL 2214
By COMMITTEE ON EDUCATION
May 10
On page 1 of the printed bill, line 2, after '291.342 ' insert
', 327.290 and 327.294'.
Delete lines 5 through 21 and delete pages 2 through 6 and
insert:
' { + SECTION 1. + } { + As used in section 2 of this 2007
Act:
' (1) 'Appropriation' means any appropriation, allocation or
transfer of moneys made by law by the Legislative Assembly.
' (2)(a) 'Education enterprise' means the following public
education programs, funds and agencies:
' (A) Oregon prekindergarten programs;
' (B) State School Fund;
' (C) Department of Education;
' (D) Community College Support Fund;
' (E) Department of Community Colleges and Workforce
Development;
' (F) Department of Higher Education for the Oregon University
System;
' (G) Oregon Health and Science University; and
' (H) Oregon Student Assistance Commission.
' (b) 'Education enterprise' does not include capital
construction costs for the programs, funds and agencies listed in
paragraph (a) of this subsection.
' (3) 'Projected revenues in the General Fund' means the
projected revenue in the General Fund for a biennium reported
under ORS 291.342 (2)(c). + }
' { + SECTION 2. + } { + (1) Except as provided in
subsections (3) and (4) of this section, the Legislative Assembly
shall appropriate to the education enterprise, for the biennium
that begins July 1 of the year in which the regular session of
the Legislative Assembly begins, a total amount of moneys that is
not less than the greater of:
' (a) Sixty-one percent of the projected revenues in the
General Fund for that biennium; or
' (b) One hundred ten percent of the amount appropriated to the
education enterprise for the biennium prior to the biennium that
begins July 1 of the year in which the regular session of the
Legislative Assembly begins.
' (2) Except as provided in subsection (3) of this section, the
Legislative Assembly shall appropriate for each program, fund or
agency of the education enterprise, for the biennium that begins
July 1 of the year in which the regular session of the
Legislative Assembly begins, a total amount of moneys that is not
less than 110 percent of the amount appropriated to that program,
fund or agency of the education enterprise for the biennium prior
to the biennium that begins July 1 of the year in which the
regular session of the Legislative Assembly begins.
' (3)(a) The Legislative Assembly may not appropriate an amount
of moneys for the State School Fund that, when combined with
local revenues as defined in ORS 327.013 and 327.019, is:
' (A) Less than 80 percent of the amount of moneys determined
to be sufficient for that biennium by the Quality Education
Commission as required by ORS 327.506 (2); or
' (B) Greater than the amount of moneys determined to be
sufficient for that biennium by the Quality Education Commission
as required by ORS 327.506 (2).
' (b) To meet the requirements of paragraph (a)(A) of this
subsection, the Legislative Assembly may appropriate an amount of
moneys to the State School Fund that is in addition to the amount
required to be appropriated to the education enterprise by
subsection (1) of this section.
' (4) If an appropriation of an amount of moneys that is equal
to 61 percent of the projected revenues in the General Fund would
result in a total appropriation to the education enterprise that
is more than the total of 110 percent of the appropriation for
the biennium that is prior to the biennium that begins July 1 of
the year in which the regular session of the Legislative Assembly
begins plus any amount appropriated to the State School Fund
under subsection (3)(b) of this section, then the Legislative
Assembly shall appropriate an amount equal to 61 percent of the
amount of moneys shown as projected revenues in the General Fund
as follows:
' (a) To the Education Opportunity and Innovation Fund
established in section 6 of this 2007 Act, an amount equal to the
amount by which the total appropriation would equal an amount
that is more than the total of 110 percent of the amount
appropriated to the education enterprise in the prior biennium
plus any amount appropriated to the State School Fund under
subsection (3)(b) of this section; and
' (b) To the education enterprise, an amount that is no less
than the remainder required to be appropriated under this
subsection.
' (5) The Governor, when compiling and preparing the budget
report required under ORS 291.216, may choose not to meet the
appropriation requirements of this section if there has been a
change in state or federal law that:
' (a) Places a significant restriction on the expenditures of
the state for the biennium for which the budget report is
prepared; or
' (b) Establishes a new requirement that requires significant
expenditures by the state to meet the new requirement for the
biennium for which the budget report is prepared.
' (6) The Legislative Assembly shall review the percentages
used in subsections (1) and (2) of this section to calculate the
minimum appropriation amount for the education enterprise if
there has been a change in state or federal law that:
' (a) Places a significant restriction on the expenditures of
the state; or
' (b) Establishes a new requirement that requires significant
expenditures by the state to meet the new requirement. + }
' { + SECTION 3. + } { + Section 2 of this 2007 Act applies
to appropriations made by the Legislative Assembly for biennia
beginning on or after July 1, 2009. + }
' { + SECTION 4. + } Section 2 of this 2007 Act is amended to
read:
' { + Sec. 2. + } (1) Except as provided in subsections (3)
and (4) of this section, the Legislative Assembly shall
appropriate to the education enterprise, for the biennium that
begins July 1 of the year in which the regular session of the
Legislative Assembly begins, a total amount of moneys that is not
less than the higher of:
' (a) Sixty-one percent of the projected revenues in the
General Fund for that biennium; or
' (b) One hundred ten percent of the amount appropriated to the
education enterprise for the biennium prior to the biennium that
begins July 1 of the year in which the regular session of the
Legislative Assembly begins.
' (2) Except as provided in subsection (3) of this section, the
Legislative Assembly shall appropriate for each program, fund or
agency of the education enterprise, for the biennium that begins
July 1 of the year in which the regular session of the
Legislative Assembly begins, a total amount of moneys that is not
less than 110 percent of the amount appropriated to that program,
fund or agency of the education enterprise for the biennium prior
to the biennium that begins July 1 of the year in which the
regular session of the Legislative Assembly begins.
' (3)(a) The Legislative Assembly may not appropriate an amount
of moneys for the State School Fund that, when combined with
local revenues as defined in ORS 327.013 and 327.019, is:
' (A) Less than 80 percent of the amount of moneys determined
to be sufficient for that biennium by the Quality Education
Commission as required by ORS 327.506 (2); or
' (B) Greater than the amount of moneys determined to be
sufficient for that biennium by the Quality Education Commission
as required by ORS 327.506 (2).
' (b) To meet the requirements of paragraph (a)(A) of this
subsection, the Legislative Assembly may appropriate an
additional amount of moneys to the State School Fund that is in
addition to the amount required to be appropriated to the
education enterprise by subsection (1) of this section.
' (4) { + Except as provided subsection (5) of this
section, + } if an appropriation of an amount of moneys that is
equal to 61 percent of the projected revenues in the General Fund
would result in a total appropriation to the education enterprise
that is more than the total of 110 percent of the appropriation
for the biennium that is prior to the biennium that begins July 1
of the year in which the regular session of the Legislative
Assembly begins plus any amount appropriated to the State School
Fund under subsection (3)(b) of this section, then the
Legislative Assembly shall appropriate an amount equal to 61
percent of the amount of moneys shown as projected revenues in
the General Fund as follows:
' (a) To the Education Opportunity and Innovation Fund
established in section 6 of this 2007 Act, an amount equal to
{ + one-third of + } the amount by which the total
appropriation would equal an amount that is more than the total
of 110 percent of the amount appropriated to the education
enterprise in the prior biennium plus any amount appropriated to
the State School Fund under subsection (3)(b) of this section;
{ - and - }
' { + (b) To the Education Stability Fund, an amount equal to
two-thirds of the amount by which the total appropriation would
equal an amount that is more than the total of 110 percent of the
amount appropriated to the education enterprise in the prior
biennium plus any amount appropriated to the State School Fund
under subsection (3)(b) of this section; and + }
' { - (b) - } { + (c) + } To the education enterprise, an
amount that is no less than the remainder required to be
appropriated under this subsection.
' { + (5) If the amount in the Education Stability Fund meets
the cap placed on the fund by section 4 (5), Article XV of the
Oregon Constitution, then the Legislative Assembly shall
appropriate to the Education Opportunity and Innovation Fund any
moneys in excess of the cap that would have been appropriated
under subsection (4)(b) of this section if the amount had not
exceeded the cap. + }
' { - (5) - } { + (6) + } The Governor, when compiling and
preparing the budget report required under ORS 291.216, may
choose not to meet the appropriation requirements of this section
if there has been a change in state or federal law that:
' (a) Places a significant restriction on the expenditures of
the state for the biennium for which the budget report is
prepared; or
' (b) Establishes a new requirement that requires significant
expenditures by the state to meet the new requirement for the
biennium for which the budget report is prepared.
' { - (6) - } { + (7) + } The Legislative Assembly shall
review the percentages used in subsections (1) and (2) of this
section to calculate the minimum appropriation amount for the
education enterprise if there has been a change in state or
federal law that:
' (a) Places a significant restriction on the expenditures of
the state; or
' (b) Establishes a new requirement that requires significant
expenditures by the state to meet the new requirement.
' { + SECTION 5. + } { + (1) The amendments to section 2 of
this 2007 Act by section 4 of this 2007 Act become operative on
July 1, 2011.
' (2) Section 2 of this 2007 Act, as amended by section 4 of
this 2007 Act, applies to appropriations made by the Legislative
Assembly for biennia beginning on or after July 1, 2011. + }
' { + SECTION 6. + } { + (1) The Education Opportunity and
Innovation Fund is established in the State Treasury, separate
and distinct from the General Fund. The Education Opportunity and
Innovation Fund shall consist of:
' (a) The School Improvement Account established in ORS
327.294; and
' (b) The Post-Secondary Academic and Workforce Investment
Account established in section 7 of this 2007 Act.
' (2)(a) Seventy-seven percent of the moneys in the Education
Opportunity and Innovation Fund shall be deposited in the School
Improvement Account.
' (b) Twenty-three percent of the moneys in the Education
Opportunity and Innovation Fund shall be deposited in the
Post-Secondary Academic and Workforce Investment Account. + }
' { + SECTION 7. + } { + (1) The Post-Secondary Academic and
Workforce Investment Account is established in the State Treasury
and shall be accounted for as a subaccount of the Education
Opportunity and Innovation Fund. Interest earned by the account
shall be credited to the account.
' (2)(a) Forty-four percent of the moneys in the Post-Secondary
Academic and Workforce Investment Account is continuously
appropriated to the Department of Higher Education for
distribution as strategic investments as provided in section 8 of
this 2007 Act.
' (b) Thirty-three percent of the moneys in the Post-Secondary
Academic and Workforce Investment Account is continuously
appropriated to the Department of Community Colleges and
Workforce Development for distribution as strategic investments
as provided in section 8 of this 2007 Act.
' (c) Twenty percent of the moneys in the Post-Secondary
Academic and Workforce Investment Account is continuously
appropriated to the Oregon Student Assistance Commission for
distribution as Oregon Opportunity Grants under ORS 348.260.
' (d) Three percent of the moneys in the Post-Secondary
Academic and Workforce Investment Account is continuously
appropriated to the Oregon Department of Administrative Services
for allocation to the Oregon Health and Science University.
' (3) Any moneys in the account that are not distributed in any
biennium shall be retained in the account and may be distributed
in the next biennium. + }
' { + SECTION 8. + } { + (1) Pursuant to rules adopted by
the Joint Boards of Education, the Department of Community
Colleges and Workforce Development and the Department of Higher
Education shall administer strategic investments in community
colleges and state institutions of higher education listed in ORS
352.002 from funds allocated to the departments from the
Post-Secondary Academic and Workforce Investment Account.
' (2) The departments shall make strategic investments under
this section by distributing moneys to community colleges and
state institutions of higher education.
' (3) The Joint Boards of Education shall adopt rules for the
administration of this section. The rules shall include
activities for which a community college or state institution of
higher education may expend moneys received under this section.
' (4)(a) Each fiscal year, the Department of Community Colleges
and Workforce Development shall report to the Emergency Board or
the Joint Committee on Ways and Means on the strategic
investments made in community colleges under this section during
that fiscal year.
' (b) Each fiscal year, the Department of Higher Education
shall report to the Emergency Board or the Joint Committee on
Ways and Means on the strategic investments made in state
institutions of higher education under this section during that
fiscal year. + }
' { + SECTION 9. + } ORS 327.290 is amended to read:
' 327.290. The Legislative Assembly finds that:
' (1) The state has an interest in ensuring that public
resources for primary and secondary schools are used to achieve
the outcomes established under the Oregon Educational Act for the
21st Century in ORS chapter 329.
' (2) To achieve that purpose, the School Improvement
{ - Fund - } { + Account + } is established so the state may
support activities directly related to increases in student
achievement while still allowing school districts flexibility in
determining the specific activities necessary to support
students.
' (3) It is the intent of the state in establishing the School
Improvement { - Fund - } { + Account + } to link these
activities to the recommendations of the Quality Education
Commission established under Executive Order 99-16 and the
recommendations of the Quality Education Commission established
under ORS 327.500.
' { + SECTION 10. + } ORS 327.294 is amended to read:
' 327.294. (1) { - There is established - } The School
Improvement
{ - Fund - } { + Account + } { - , separate and distinct
from the General Fund - } { + is established in the State
Treasury and shall be accounted for as a subaccount of the
Education Opportunity and Innovation Fund + }. Interest earned
by the School Improvement { - Fund - } { + Account + } shall
be credited to the { - fund - } { + account + }. Any moneys
in the { - fund - } { + account + } that are not distributed
by the Department of Education in any fiscal year shall be
retained in the { - fund - } { + account + } and may be
distributed in the next fiscal year.
' (2) The moneys in the { - fund - } { + account + } are
continuously appropriated to the Department of Education for
purposes of the grant program created by ORS 327.297.
' { + (3) The amount of moneys distributed from the account
by the Department of Education in any biennium, when added to the
sum of the amount of moneys appropriated for that biennium to the
State School Fund by the Legislative Assembly plus local revenues
as defined in ORS 327.013 and 327.019, may not exceed the amount
of moneys determined to be sufficient for that biennium by the
Quality Education Commission as required by ORS 327.506 (2). + }
' { + SECTION 11. + } ORS 291.342 is amended to read:
' 291.342. (1) By August 15 of each year, but not earlier than
90 days from the end of the regular session, if any, of the
Legislative Assembly held in that calendar year, the Oregon
Department of Administrative Services, with the assistance of the
Department of Revenue, shall:
' (a) Ascertain by computation and estimate the total amount of
revenue available for state purposes for the current fiscal year;
and
' (b) Apportion the state tax levy on property, if any, among
the several counties in the manner provided in ORS 291.445.
' (2) In addition to the requirement in subsection (1) of this
section, { + for purposes of determining the appropriation
amounts necessary to meet the requirements of section 2 of this
2007 Act and for determining the total amount of revenue
available to make those appropriations, + } the Oregon Department
of Administrative Services with the assistance of the Department
of Revenue shall for each calendar quarter of the year ascertain
by computation and estimate { + :
' (a) + } The total amount of revenue available for state
purposes for the current { - fiscal year, as well as - } { +
biennium and the next biennium;
' (b) + } The { + actual + } amount of revenue received
quarterly, cumulated throughout the biennium { - , and - }
{ + ; and
' (c) The projected total amount of revenue to be placed in the
General Fund and available for the current and next biennia.
' (3) The Oregon Department of Administrative Services
shall + } report { - its estimate - } { + the computations
and estimates prepared under subsection (2) of this section + }
to the Legislative Revenue Officer and to the Emergency Board
{ - , - } or { + , + } if the Legislative Assembly is in
session, to the Joint Committee on Ways and Means.
' { - (3) - } { + (4) + } In carrying out its duties under
subsection (2) of this section, the Oregon Department of
Administrative Services shall issue quarterly a statement setting
forth the methodology and assumptions used in making the revenue
{ - estimate - } { + estimates + }. Nothing in this
subsection requires the statement to set forth procedures used or
methods used to determine either the methodology or the
assumptions.
' { + SECTION 12. + } { + (1) The Joint Boards of Education
shall recommend performance measures on accountability and
quality for the education enterprise as defined in section 1 of
this 2007 Act.
' (2) The Governor shall include the recommended performance
measures in the budget report prepared by the Governor under ORS
291.216.
' (3) The Legislative Assembly shall review and may approve,
amend or not approve the performance measures. + }
' { + SECTION 13. + } { + This 2007 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2007 Act
takes effect July 1, 2007. + } ' .
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