Chapter 496
Oregon Laws 2011
AN ACT
HB 5055
Relating to
state financial administration; creating new provisions; amending section 5,
chapter 20, Oregon Laws 2011 (Enrolled Senate Bill 5552), and section 3,
chapter 21, Oregon Laws 2011 (Enrolled Senate Bill 5553); appropriating money;
limiting expenditures; declaring an emergency; and providing for transfer of
moneys from the Education Stability Fund that requires approval by a
three-fifths majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. The Legislative
Assembly finds that a quarterly economic and revenue forecast projects that
revenues in the state’s General Fund in the current biennium will be at least
two percent below what the revenues were projected to be in the revenue forecast
on which the legislatively adopted budget for the current biennium was based.
SECTION 2. In addition to and not
in lieu of any other transfer from the Education Stability Fund, based on the
findings in section 1 of this 2011 Act, and pursuant to section 4 (6), Article
XV of the Oregon Constitution:
(1) On the effective date of this 2011
Act, the State Treasurer shall transfer $96,425,000 from the Education
Stability Fund established under section 4 (4)(d), Article XV of the Oregon
Constitution, and ORS 348.696 to the State School Fund established by ORS
327.008 for the biennium beginning July 1, 2009.
(2) On May 1, 2013, the State
Treasurer shall transfer $82,239,000 from the Education Stability Fund
established under section 4 (4)(d), Article XV of the Oregon Constitution, and
ORS 348.696 to the State School Fund established by ORS 327.008 for the
biennium beginning July 1, 2011.
SECTION 3. Section 3, chapter 21,
Oregon Laws 2011 (Enrolled Senate Bill 5553), is amended to read:
Sec. 3. (1) Based on the
findings in section 1, chapter 21, Oregon Laws 2011 (Enrolled Senate Bill
5553) [of this 2011 Act], and
pursuant to section 4 (6), Article XV of the Oregon Constitution, on [October 1, 2011] June 1, 2012,
the State Treasurer shall transfer $100 million from the Education Stability
Fund established under section 4 (4)(d), Article XV of the Oregon Constitution,
and ORS 348.696 to the 2011-2012 School Year Subaccount established by section
2, chapter 21, Oregon Laws 2011 (Enrolled Senate Bill 5553) [of this 2011 Act].
(2) Moneys transferred under this
section may be used in the manner provided by section 5, chapter 21, Oregon
Laws 2011 (Enrolled Senate Bill 5553), [of
this 2011 Act] for moneys in the 2011-2012 School Year Subaccount.
SECTION 4. Notwithstanding any
other law limiting expenditures, for the biennium beginning July 1, 2009, the
maximum limit for payment of expenses by the Department of Education from
lottery moneys transferred from the Education Stability Fund to the State
School Fund under section 2 (1) of this 2011 Act is $96,425,000.
SECTION 5. Notwithstanding any
other provision of law, the General Fund appropriation made to the Department
of Education by section 1, chapter 635, Oregon Laws 2009, for the biennium
beginning July 1, 2009, for the State School Fund is decreased by $96,425,000.
SECTION 6. Notwithstanding any
other provision of law, the General Fund appropriation made to the Department
of Community Colleges and Workforce Development by section 1 (2), chapter 727,
Oregon Laws 2009, for the biennium beginning July 1, 2009, for the Community
College Support Fund for distribution to community college districts and
community college service districts is increased by $15,000,000.
SECTION 7. Notwithstanding any
other provision of law, the General Fund appropriation made to the Oregon
University System by section 1 (1), chapter 670, Oregon Laws 2009, for the
biennium beginning July 1, 2009, for education and general services of higher
education is increased by $30,000,000.
SECTION 8. Notwithstanding any
other provision of law, the General Fund appropriation made to the Oregon
Department of Administrative Services by section 1 (1), chapter 679, Oregon
Laws 2009, for the biennium beginning July 1, 2009, for education and general services
of the Oregon Health and Science University is increased by $3,700,000.
SECTION 9. (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 $13,800,000, to be allocated to school districts for special
education services as provided in this section.
(2) In addition to those moneys
distributed through the State School Fund based on the calculations made under ORS
327.013 (1)(c)(A)(i), the Department of Education shall distribute amounts
appropriated to the department under subsection (1) of this section to school
districts exclusively for the purpose of providing special education services.
The amounts shall be distributed based on the weighted average daily membership
calculated under ORS 327.013 (1)(c)(A)(i).
SECTION 10. Notwithstanding any
other law limiting expenditures, for the biennium beginning July 1, 2011, the
maximum limit for payment of expenses by the Department of Education from
lottery moneys transferred from the Education Stability Fund to the State
School Fund under section 2 (2) of this 2011 Act is $82,239,000.
SECTION 11. Notwithstanding any
other provision of law, the General Fund appropriation made to the Department
of Education by section 1, chapter 20, Oregon Laws 2011 (Enrolled Senate Bill
5552), for the biennium beginning July 1, 2011, for the State School Fund is
decreased by $82,239,000.
SECTION 12. (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, 2011, out of the General Fund, the
amount of $17,649,000 to be allocated to state agencies for early learning
programs and services.
(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, 2011, out of the General Fund, the amount of
$5,713,750 to be allocated to state agencies for the purpose of employment-related
day care or other supports and services for children and families.
(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, 2012, the moneys remaining on that date become
available for any purpose for which the Emergency Board lawfully may allocate
funds.
SECTION 13. Notwithstanding any
other provision of law, the General Fund appropriation made to the Oregon
University System by section 1 (2), chapter 583, Oregon Laws 2011 (Enrolled
Senate Bill 5532), for the biennium beginning July 1, 2011, is increased by
$1,580,000 for the agricultural experiment station and the branch experiment
stations of Oregon State University.
SECTION 14. Notwithstanding any
other provision of law, the General Fund appropriation made to the Oregon
University System by section 1 (3), chapter 583, Oregon Laws 2011 (Enrolled
Senate Bill 5532), for the biennium beginning July 1, 2011, is increased by
$1,145,000 for the Extension Service of Oregon State University.
SECTION 15. Notwithstanding any
other provision of law, the General Fund appropriation made to the Oregon
University System by section 1 (4), chapter 583, Oregon Laws 2011 (Enrolled
Senate Bill 5532), for the biennium beginning July 1, 2011, is increased by
$175,000 for the Forest Research Laboratory of Oregon State University.
SECTION 16. Notwithstanding any
other provision of law, the General Fund appropriation made to the Department
of Human Services by section 1 (2), chapter 621, Oregon Laws 2011 (Enrolled
House Bill 5030), for the biennium beginning July 1, 2011, is increased by
$816,250 for employment-related day care.
SECTION 17. If Senate Bill 252
becomes law, 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, 2011, out of the General Fund, the amount of $5,000,000 for the purpose of
implementing the provisions of chapter 706, Oregon Laws 2011 (Enrolled Senate
Bill 252).
SECTION 18. If Senate Bill 453
becomes law, notwithstanding any other provision of law, the General Fund
appropriation made to the Department of Education by section 1, chapter 20,
Oregon Laws 2011 (Enrolled Senate Bill 5552), for the biennium beginning July
1, 2011, is increased by $8,660,000 for the State School Fund.
SECTION 19. Notwithstanding any
other provision of law, the General Fund appropriation made to the Department
of Education by section 2 (10), chapter 619, Oregon Laws 2011 (Enrolled House
Bill 5020), for the biennium beginning July 1, 2011, is increased by
$16,500,000 for the Oregon prekindergarten program.
SECTION 20. 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, 2011, out of the General Fund,
the amount of $25,000,000 for the 2011-2012 School Year Subaccount established
by section 2, chapter 21, Oregon Laws 2011 (Enrolled Senate Bill 5553).
SECTION 21. Section 5, chapter 20,
Oregon Laws 2011 (Enrolled Senate Bill 5552), is amended to read:
Sec. 5. (1) The Department of
Education may not spend more than [$2,850,000,000]
$2,879,330,000 from the State School Fund for the fiscal year beginning
July 1, 2011.
(2) The Department of Education may not
spend more than [$2,850,000,000] $2,854,330,000
from the State School Fund for the fiscal year beginning July 1, 2012.
SECTION 22. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
its passage.
Approved by
the Governor June 23, 2011
Filed in the
office of Secretary of State June 23, 2011
Effective date
June 23, 2011
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