Chapter 905 Oregon Laws 1999
Session Law
AN ACT
SB 5548
Relating to state financial
administration; appropriating money; limiting expenditures; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. There is appropriated to the State
Commission on Children and Families, for the biennium beginning July 1, 1999,
out of the General Fund, the amount of $51,454,677.
SECTION 1a. In addition to and not in lieu of any other
appropriation, there is appropriated to the Economic Development Department for
the Oregon Arts Commission, for the biennium beginning July 1, 1999, out of the
General Fund, the sum of $300,000 for the Arts Reaching Youth Program.
SECTION 2. Notwithstanding any other law, the amount
of $19,132,466 is established for the biennium beginning July 1, 1999, 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 State Commission on Children and Families.
SECTION 3. Notwithstanding any other law, the amount
of $2,993,301 is established for the biennium beginning July 1, 1999, as the
maximum limit for payment of expenses from federal funds collected or received
by the State Commission on Children and Families.
SECTION 4. (1) In addition to and not in lieu of any
other appropriation, there is appropriated to the Emergency Board, out of the
General Fund, for the biennium beginning July 1, 1999, the sum of $528,848 for
allocation to the State Commission on Children and Families as needed to
replace federal reductions in Social Services Block Grant funds.
(2) If the moneys described
in subsection (1) of this section are not allocated or obligated by the
Emergency Board for the purpose described in subsection (1) of this section
prior to November 1, 2000, such unallocated and unobligated moneys on that date
become available for any other purpose for which the Emergency Board may
lawfully allocate funds.
SECTION 5. There is appropriated to the Oregon Youth
Authority, for the biennium beginning July 1, 1999, out of the General Fund,
the following amounts for the following purposes:
(1) Operations............................................... $ 186,050,905
(2) Debt Service............................................. $ 12,185,956
SECTION 6. Notwithstanding any other law, the amount
of $18,007,098 is established for the biennium beginning July 1, 1999, as the
maximum limit for payment of expenses from fees, moneys or other revenues,
including Miscellaneous Receipts, excluding lottery funds and federal funds,
collected or received by the Oregon Youth Authority.
SECTION 7. Notwithstanding any other law, the amount
of $26,864,736 is established for the biennium beginning July 1, 1999, as the
maximum limit for payment of expenses from federal funds collected or received
by the Oregon Youth Authority.
SECTION 8. Section 6 of this 1999 Act includes $4,400
for a petty cash account established in accordance with ORS 293.180.
SECTION 9. (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, 1999, out of the General Fund, the sum of $500,000,
which may be allocated only to the Oregon Youth Authority for close custody
needs and construction planning.
(2) If the moneys described
in subsection (1) of this section are not allocated or obligated by the
Emergency Board for the purposes described in subsection (1) of this section
prior to November 1, 2000, such unallocated and unobligated moneys on that date
become available for any other purpose for which the Emergency Board may
lawfully allocate funds.
SECTION 10. (1) The Oregon Youth Authority may audit,
allow and pay a claim for damage to property made by an employee from funds
appropriated to the youth authority if:
(a) The damage to property
arises out of the employee's employment at one of the institutions or
facilities operated by the youth authority; and
(b) The employee files a
written claim with the employee's employer within 180 days after the employee
discovers or should have discovered the damage.
(2) No claim under
subsection (1) of this section shall be paid:
(a) That exceeds, in the
aggregate with payments of other claims, the moneys appropriated for such
purpose.
(b) To the extent that the
person incurring damage has been or may be compensated by liability insurance
or otherwise.
(c) If the youth authority
determines the cause or occasion of the accident resulting in damage is
chargeable to the conduct or negligence of the person damaged.
(3) The decision of the
youth authority to reject any claim filed under this section is final and is
not subject to review under ORS 183.310 to 183.550 or by any other agency or
court. The provisions of this section do not affect any other remedy that may
be available to the claimant under law.
(4)(a) If any person owes a
debt to this state or a state agency, and the debt has been fixed by final
judgment of a court of competent jurisdiction or is no longer subject to
judicial review, the youth authority shall deduct the amount of the debt from
any award made to that person under this section.
(b) The youth authority
shall request the State Treasurer to transfer to the appropriate fund or
account to which the debt is owed, an amount equal to the amount deducted from
the award under paragraph (a) of this subsection, for use during that biennium
in accordance with law by the state agency administering the fund or account to
which the debt is owed. The State Treasurer shall evidence the transfer by
proper bookkeeping entries. If the youth authority or State Treasurer cannot
determine the appropriate fund or account, the amount shall be transferred to
the General Fund for general governmental purposes.
(c) Any debt owed by a
person to this state or a state agency is satisfied, upon the completion of a
transfer made pursuant to paragraph (b) of this subsection, to the extent of
the amount so transferred.
SECTION 11. Notwithstanding any other law, all sections
of this 1999 Act are subject to Oregon Department of Administrative Services
rules related to allotting, controlling and encumbering funds.
SECTION 12. This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 1999 Act takes effect July 1, 1999.
Approved by the Governor
July 30, 1999
Filed in the office of
Secretary of State July 30, 1999
Effective date July 30, 1999
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