Chapter 914 Oregon Laws 1999
Session Law
AN ACT
HB 5018
Relating to state financial
administration; creating new provisions; amending section 8, chapter 668,
Oregon Laws 1997, and section 8, chapter 219, Oregon Laws 1999 (Enrolled House
Bill 5011); 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, out of the
General Fund, for the fiscal year beginning July 1, 1999, the sum of
$2,095,878,273 for the State School Fund.
SECTION 2. In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Education, out of the
General Fund, for the fiscal year beginning July 1, 2000, the sum of
$2,176,659,018 for the State School Fund.
SECTION 3. In addition to and notwithstanding any
other law, the amount of $145,021,727 is established for the fiscal year
beginning July 1, 1999, as the maximum limit for payment of expenses by the
Department of Education from the Administrative Services Economic Development
Fund for the State School Fund.
SECTION 4. In addition to and notwithstanding any
other law, the amount of $150,940,982 is established for the fiscal year
beginning July 1, 2000, as the maximum limit for payment of expenses by the
Department of Education from the Administrative Services Economic Development
Fund for the State School Fund.
SECTION 5. In addition to and notwithstanding any
other law, the amount of $100,000,000 is established for the biennium beginning
July 1, 1999, as the maximum limit for payment of expenses from the proceeds of
state education lottery bonds for state education projects.
SECTION 6. (1) Notwithstanding ORS 327.008, the
Department of Education shall ensure that the total amount distributed from the
State School Fund in grants, transfers and distributions when combined with the
total amount of local revenues, as jointly determined by the Legislative Revenue
Officer and the Department of Education, for the fiscal year beginning July 1,
1999, does not exceed:
(a) For school districts
and the Youth
Corrections
Education Program................................ $ 3,061,800,000
(b) For education service
districts..................................................... $ 150,000,000
(2) The distribution
limitation established in subsection (1)(b) of this section does not include
local revenues transferred from the education service districts in Grant and
Wallowa Counties to school districts pursuant to ORS 327.081.
(3) The distribution
limitation established in subsection (1)(b) of this section includes amounts
distributed from the State School Fund for the Oregon Public Education Network.
(4) The distribution
limitation established in subsection (1) of this section shall be adjusted for
any transfer of expenditures between the 1999-2000 and 2000-2001 fiscal years.
SECTION 7. (1) Notwithstanding ORS 327.008, the
Department of Education shall ensure that the total amount distributed from the
State School Fund in grants, transfers and distributions when combined with the
total amount of local revenues, as jointly determined by the Legislative
Revenue Officer and the Department of Education, for the fiscal year beginning
July 1, 2000, does not exceed:
(a) For school districts.................................. $ 3,201,000,000
(b) For education service
districts..................................................... $ 151,100,000
(2) The distribution
limitation established in subsection (1)(b) of this section does not include
local revenues transferred from the education service districts in Grant and
Wallowa Counties to school districts pursuant to ORS 327.081.
(3) The distribution
limitation established in subsection (1)(b) of this section includes amounts
distributed from the State School Fund for the Oregon Public Education Network.
(4) The distribution
limitation established in subsection (1) of this section shall be adjusted for
any transfer of expenditures between the 1999-2000 and 2000-2001 fiscal years.
SECTION 8. Notwithstanding ORS 327.008, any amounts
remaining in the State School Fund from appropriations made under sections 1
and 2 of this 1999 Act or allocations from the Administrative Services Economic
Development Fund that are limited by sections 3 and 4 of this 1999 Act that are
not required to meet lawfully incurred liabilities for the biennium ending June
30, 2001, as determined on June 30, 2001, shall be transferred to the Lottery
Bond Fund for purposes of paying, when due, the principal of and interest and
premium, if any, on any state education lottery bonds.
SECTION 9. The Legislative Revenue Officer shall
certify, by May 15, 2001, an initial estimate of the amount anticipated to be
transferred to the Lottery Bond Fund on June 30, 2001, due to the distribution
limitation established in section 6 of this 1999 Act for the fiscal year
beginning July 1, 1999, and in section 7 of this 1999 Act for the fiscal year
beginning July 1, 2000.
SECTION 10. (1) The Legislative Revenue Officer shall
certify, by May 1, 2000, the total amount in excess of the distribution
limitation on the total amount distributed from the State School Fund in
grants, transfers and distributions combined with the total amount of local
revenues for the biennium beginning July 1, 1997, as established in sections 6
and 7, chapter 668, Oregon Laws 1997. The certification shall be based on audited
data from the school districts.
(2) Any excess amount
certified under subsection (1) of this section and that was not previously
transferred to the Lottery Bond Fund shall be transferred to the Lottery Bond
Fund by June 30, 2000, for the purposes of paying, when due, the principal of and
interest and premium, if any, on state education lottery bonds.
SECTION 11.
Section 8, chapter 668, Oregon Laws 1997, is amended to read:
Sec. 8.
Notwithstanding ORS 327.008, any amounts remaining in the State School Fund
from appropriations made under sections 1 and 2, chapter 668, Oregon Laws 1997, [of this Act] or allocations from the Administrative Services
Economic Development Fund that are limited by sections 4 and 5, chapter 668, Oregon Laws 1997, [of this Act] that are not required to
meet lawfully incurred liabilities for the biennium ending June 30, 1999, as
determined on June 30, 1999, shall be transferred to the [Education] Lottery Bond Fund for purposes of paying, when due, the
principal of and interest and premium, if any, on any state education lottery bonds.
SECTION 12. Of
the amounts appropriated under sections 1 and 2 of this 1999 Act,
$3,424,500,000 is considered to be tax relief for purposes of ORS 291.355.
SECTION 13.
If House Bill 5011 becomes law, section 8, chapter 219, Oregon Laws 1999
(Enrolled House Bill 5011), is amended to read:
Sec. 8. Of the
amounts appropriated under section 2 [of
this 1999 Act], chapter 219, Oregon
Laws 1999 (Enrolled House Bill 5011), [$249,600,000] $231,500,000 is considered to be tax
relief for purposes of ORS 291.355.
SECTION 14. Of the amounts distributed to the public
school system from the State School Fund for the fiscal year beginning July 1,
1999, by section 1 of this 1999 Act, an amount equal to the amount determined
by the Department of Revenue to be the amount of reduction pursuant to ORS
310.228, for school districts and education service districts is specifically
designated as replacement revenue within the meaning of section 11 (9), Article
XI of the Oregon Constitution. If any additional amounts are distributed from
the State School Fund for the fiscal year beginning July 1, 1999, these amounts
are not replacement revenue within the meaning of section 11 (9), Article XI of
the Oregon Constitution.
SECTION 15. Of the amounts distributed to the public
school system from the State School Fund for the fiscal year beginning July 1,
2000, by section 2 of this 1999 Act, an amount equal to the amount determined
by the Department of Revenue to be the amount of reduction pursuant to ORS
310.228, for school districts and education service districts is specifically
designated as replacement revenue within the meaning of section 11 (9), Article
XI of the Oregon Constitution. If any additional amounts are distributed from
the State School Fund for the fiscal year beginning July 1, 2000, these amounts
are not replacement revenue within the meaning of section 11 (9), Article XI of
the Oregon Constitution.
SECTION 16. If Senate Bill 622 becomes law:
(1) In addition to and
notwithstanding any other law, the following amounts are established for the
fiscal year beginning July 1, 1999, as the maximum limit for payments of
expenses from transfers from the School Technology Account established pursuant
to chapter 1093, Oregon Laws 1999 (Enrolled Senate Bill 622), for:
(a) Oregon Department of
Administrative
Services.......................... $ 700,000
(b) Department of Education
operations................................................ $ 3,600,000
(c) Department of Education
grants-in-aid............................................ $ 20,700,000
(2) In addition to and
notwithstanding any other law, the following amounts are established for the
fiscal year beginning July 1, 2000, as the maximum limit for payments of
expenses from transfers from the School Technology Account established pursuant
to chapter 1093, Oregon Laws 1999 (Enrolled Senate Bill 622), for:
(a) Oregon Department of
Administrative
Services.......................... $ 700,000
(b) Department of Education
operations................................................ $ 3,600,000
(c) Department of Education
grants-in-aid............................................ $ 20,700,000
SECTION 17.
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 18. 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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