75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 5520
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 Budget and Management
Division, Oregon Department of Administrative Services)
CHAPTER ................
AN ACT
Relating to 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, 2009, out of the
General Fund, the amount of $5,257,495,645 for the State School
Fund. + }
SECTION 2. { + Notwithstanding any other law limiting
expenditures, the amount of $539,063,144 is established for the
biennium beginning July 1, 2009, 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 $3,637,214 is established for the
biennium beginning July 1, 2009, as the maximum limit for payment
of expenses by the Department of Education 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 State School Fund. + }
SECTION 4. { + Notwithstanding ORS 327.008, for the biennium
beginning July 1, 2009, the Department of Education may:
(1) Not expend any moneys from the State School Fund for the
administration of ORS 326.133 and 326.136.
(2) Expend up to $1,800,598 from the State School Fund for the
purposes of the Oregon Virtual School District. + }
SECTION 5. { + (1) The Department of Education may not spend
more than $2,940,096,041 from the State School Fund for the
fiscal year beginning July 1, 2009.
(2) The Department of Education may not spend more than
$3,060,099,962 from the State School Fund for the fiscal year
beginning July 1, 2010. + }
SECTION 6. { + 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, 2009, out of the
Enrolled Senate Bill 5520 (SB 5520-A) Page 1
General Fund, the amount of $1,400,000 for the Local Option
Equalization Grants Account. + }
SECTION 7. { + (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, 2009, out of the General Fund, the
amount of $900,000, to be allocated to Department of Education
for the Local Option Equalization Grants Account created by ORS
327.339.
(2) If any of the moneys appropriated by subsection (1) of this
section are not allocated by the Emergency Board prior to
December 1, 2010, the moneys remaining on that date become
available for any purpose for which the Emergency Board lawfully
may allocate funds. + }
SECTION 8. { + Notwithstanding any condition or limitation
described in ORS 293.144 and 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, 2009, out of the
Oregon Rainy Day Fund, the amount determined as provided by
section 10 of this 2009 Act, for the State School Fund. + }
SECTION 9. { + 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, 2009, out of the
General Fund, the amount determined as provided by section 10 of
this 2009 Act, for the State School Fund. + }
SECTION 10. { + (1) As part of the quarterly revenue estimate
scheduled to be released in June 2010, the Oregon Department of
Administrative Services shall calculate the sum of:
(a) The projected ending balance of the General Fund for the
biennium beginning July 1, 2009;
(b) The balance available in the Oregon Rainy Day Fund on the
day of the estimate; and
(c) The balance in the Education Stability Fund on the day of
the estimate.
(2) Subject to the limitations described in subsection (3) of
this section, of the amount calculated under subsection (1) of
this section that exceeds $100,000,000:
(a) All moneys in the Oregon Rainy Day Fund are available to
satisfy the appropriation made under section 8 of this 2009 Act;
and
(b) All unappropriated moneys in the General Fund are available
to satisfy the appropriation made under section 9 of this 2009
Act.
(3)(a) The appropriations made under sections 8 and 9 of this
2009 Act are not operative unless the sum calculated under
subsection (1) of this section exceeds $100,000,000.
(b) The total amount appropriated under sections 8 and 9 of
this 2009 Act may not reduce the amount calculated under
subsection (1) of this section to below $100,000,000.
(c) The total amount appropriated under sections 8 and 9 of
this 2009 Act may not exceed $200,000,000.
(d) The first moneys used to satisfy the appropriations
described in sections 8 and 9 of this 2009 Act must come from the
Oregon Rainy Day Fund. The total balance of the Oregon Rainy Day
Fund must be appropriated as provided by section 8 of this 2009
Act before any moneys may be appropriated from the General Fund
as provided by section 9 of this 2009 Act. + }
SECTION 11. { + If the conditions specified in section 10 of
this 2009 Act are met, sections 8 and 9 of this 2009 Act become
operative on June 1, 2010. + }
Enrolled Senate Bill 5520 (SB 5520-A) Page 2
SECTION 12. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect
July 1, 2009. + }
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Passed by Senate June 19, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 22, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 5520 (SB 5520-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 5520 (SB 5520-A) Page 4