Bill Text: OR HB3394 | 2011 | Regular Session | Introduced
Bill Title: Relating to Department of State Police funding; appropriating money; declaring an emergency.
Sponsorship: Moderate Partisan Bill (Republican 9-1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3394 Detail]
Download: Oregon-2011-HB3394-Introduced.html
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 417
House Bill 3394
Sponsored by Representatives ESQUIVEL, OLSON; Representatives
DOHERTY, GARRARD, GILLIAM, JENSON, KRIEGER, G SMITH, THATCHER,
Senator ATKINSON
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.
Establishes State Police Patrol Fund, separate and distinct
from General Fund. Redirects state share of Oregon Liquor Control
Commission Account surplus money distribution to State Police
Patrol Fund. Continuously appropriates State Police Patrol Fund
moneys for establishing, maintaining and meeting certain needs of
state police patrol stations. Limits State Police Patrol Fund to
amount necessary to maintain patrol officer staffing levels near
national average.
Declares emergency, effective July 1, 2011.
A BILL FOR AN ACT
Relating to Department of State Police funding; creating new
provisions; amending ORS 181.175 and 471.810; appropriating
money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2011 Act are added to
and made a part of ORS 181.010 to 181.560. + }
SECTION 2. { + The State Police Patrol Fund is established in
the State Treasury, separate and distinct from the General Fund.
Interest earned by the State Police Patrol Fund shall be credited
to the fund. Moneys credited to the fund are continuously
appropriated to the Department of State Police for the purpose of
establishing and maintaining state police patrol stations and for
meeting the police officer, vehicle, supply and equipment needs
of those patrol stations. + }
SECTION 3. { + (1) The Superintendent of State Police, not
less than annually, shall determine:
(a) The number of sworn Oregon State Police officers per 1,000
population; and
(b) The national average number of sworn state police and
highway patrol officers per 1,000 population.
(2) If the superintendent determines that the number of sworn
Oregon State Police officers per 1,000 population is more than
101 percent of the national average number of sworn state police
and highway patrol officers per 1,000 population, the
superintendent shall notify the State Treasurer to make the
transfers described in subsection (4) of this section.
(3) Upon receiving a notice from the superintendent under
subsection (2) of this section, the State Treasurer shall
determine the average monthly expenditures by the Oregon State
Police from the State Police Patrol Fund during the preceding 12
completed months.
(4) The State Treasurer shall transfer monthly from the State
Police Patrol Fund any amount by which the fund balance exceeds
the average monthly expenditure determined under subsection (3)
of this section. The State Treasurer shall pay the amount
transferred from the fund as follows:
(a) Forty-five percent to cities described in ORS 471.810
(1)(b);
(b) Twenty-three percent to counties described in ORS 471.810
(1)(c); and
(c) Thirty-two percent to cities for distribution as described
in ORS 471.810 (1)(d).
(5) A payment under subsection (4) of this section does not
require a warrant under ORS 471.810 and is not an amount paid or
transferred under ORS 471.810 (1)(b), (c) and (d) for purposes of
calculations under ORS 471.810 (3) or (4).
(6) If the State Treasurer is making transfers under subsection
(4) of this section, and the superintendent determines that the
number of sworn Oregon State Police officers per 1,000 population
is less than 99 percent of the national average number of sworn
state police and highway patrol officers per 1,000 population,
the superintendent shall notify the State Treasurer. The State
Treasurer shall cease the transfers upon receiving notice from
the superintendent under this subsection. + }
SECTION 4. ORS 181.175 is amended to read:
181.175. (1) There is established in the General Fund of the
State Treasury an account to be known as the State Police
Account. { + Except as provided in section 2 of this 2011 Act,
+ }all moneys received by the Department of State Police shall
be paid to the credit of the State Police Account { - , and such
moneys - } { + and + } are continuously appropriated { + to
the department + } for the payment of expenses of the department
{ - of State Police - } .
(2) There is established a subaccount in the State Police
Account consisting of all moneys, revenue and income described in
ORS 463.220. All moneys in the subaccount are
{ + continuously + } appropriated { - continuously - } to the
Department of State Police to carry out the provisions of ORS
chapter 463.
SECTION 5. ORS 471.810 is amended to read:
471.810. (1) At the end of each month, the Oregon Liquor
Control Commission shall certify the amount of moneys available
for distribution in the Oregon Liquor Control Commission Account
and, after withholding such moneys as { - it - } { + the
commission + } may deem necessary to pay its outstanding
obligations, shall within 35 days of the month for which a
distribution is made direct the State Treasurer to pay the
amounts due, upon warrants drawn by the Oregon Department of
Administrative Services, as follows:
(a) Fifty-six percent, or the amount remaining after the
distribution under { - subsection - } { + subsections (3)
and + } (4) of this section, credited to the { - General Fund
available for general governmental purposes wherein it shall be
considered as revenue during the quarter immediately preceding
receipt - } { + State Police Patrol Fund established under
section 2 of this 2011 Act + };
(b) Twenty percent to the cities of the state in such shares as
the population of each city bears to the population of the cities
of the state, as determined by the State Board of Higher
Education last preceding such apportionment, under ORS 190.510 to
190.610;
(c) Ten percent to counties in such shares as their respective
populations bear to the total population of the state, as
estimated from time to time by the State Board of Higher
Education; and
(d) Fourteen percent to the cities of the state to be
distributed as provided in ORS 221.770 and this section.
(2) The commission shall direct the Oregon Department of
Administrative Services to transfer 50 percent of the revenues
from the taxes imposed by ORS 473.030 and 473.035 to the Mental
Health Alcoholism and Drug Services Account in the General Fund
to be paid monthly as provided in ORS 430.380.
(3) If the amount of revenues received from the taxes imposed
by ORS 473.030 for the preceding month was reduced as a result of
credits claimed under ORS 473.047, the commission shall compute
the difference between the amounts paid or transferred as
described in subsections (1)(b), (c) and (d) and (2) of this
section and the amounts that would have been paid or transferred
under subsections (1)(b), (c) and (d) and (2) of this section if
no credits had been claimed. The commission shall direct the
Oregon Department of Administrative Services to { - pay or
transfer amounts - } { + reduce the amount deposited for
crediting to the State Police Patrol Fund under subsection (1)(a)
of this section by amounts + }equal to the differences computed
for subsections (1)(b), (c) and (d) and (2) of this section
{ - from the General Fund - } { + and to pay or transfer those
amounts + } to the recipients or accounts described in
subsections (1)(b), (c) and (d) and (2) of this section.
(4) Notwithstanding subsection (1) of this section, no city or
county shall receive for any fiscal year an amount less than the
amount distributed to the city or county in accordance with ORS
471.350 (1965 Replacement Part), 471.810, 473.190 and 473.210
(1965 Replacement Part) during the 1966-1967 fiscal year unless
the city or county had a decline in population as shown by its
census. If the population declined, the per capita distribution
to the city or county shall be not less than the total per capita
distribution during the 1966-1967 fiscal year. Any additional
funds required to maintain the level of distribution under this
subsection shall be paid from funds credited under subsection
(1)(a) of this section.
SECTION 6. { + Section 3 of this 2011 Act becomes operative
July 1, 2012. + }
SECTION 7. { + 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 July 1,
2011. + }
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