Bill Text: OR HB2741 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the Emergency Communications Account; declaring an emergency.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2741 Detail]

Download: Oregon-2011-HB2741-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1868

                         House Bill 2741

Sponsored by Representative BOONE (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Designates Emergency Communications Account as trust account
exclusively for emergency communication purposes. Declares
legislative intent to create contractual obligation of state to
use moneys only for emergency communication purposes and to not
transfer moneys out of account for other uses.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the Emergency Communications Account; creating new
  provisions; amending ORS 403.235; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 403.235 is amended to read:
  403.235. (1) The Emergency Communications Account is
established separate and distinct from the General Fund in the
State Treasury. All moneys received by the Department of Revenue
pursuant to ORS 403.200 to 403.230 and interest thereon must be
paid to the State Treasurer to be held in a suspense account
established under ORS 293.445. After payment of refunds, the
balance of the moneys received must be paid into the State
Treasury and credited to the Emergency Communications Account.
All moneys in the account are continuously appropriated to the
Office of Emergency Management and must be used for the purposes
described in ORS 403.240.
  (2) The Enhanced 9-1-1 Subaccount is established as a
subaccount of the Emergency Communications Account. Thirty-five
percent of the amount in the Emergency Communications Account on
the date of distribution must be credited to the Enhanced 9-1-1
Subaccount. All moneys in the account are continuously
appropriated to the Office of Emergency Management and must be
used for the purposes described in ORS 403.240 (3), (4) and (5).
   { +  (3) The Emergency Communications Account is a trust
account exclusively for the uses and purposes declared in ORS
403.240. The State of Oregon declares that it has no proprietary
interest in the Emergency Communications Account and disclaims
any right to claim contributions made to the account from sources
other than the General Fund. The Legislative Assembly
unambiguously expresses an intention to create a contractual
obligation of the state to subscribers to use the moneys in the
account only for the purposes declared in ORS 403.240 and commits
to not transfer the moneys in the account to any other fund or
account to be used for other purposes. This subsection does not
impair the force or effect of any law of this state specifically
authorizing the investment of moneys from the account. + }
  SECTION 2.  { + The amendments to ORS 403.235 by section 1 of
this 2011 Act apply to moneys deposited in the Emergency
Communications Account on or after the effective date of this
2011 Act. + }
  SECTION 3.  { + 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. + }
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