Bill Text: OR HB4134 | 2012 | Regular Session | Introduced

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Bill Title: Relating to state agency innovation; declaring an emergency.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4134 Detail]

Download: Oregon-2012-HB4134-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 201

                         House Bill 4134

Sponsored by Representative HARKER; Representatives BARNHART,
  DEMBROW, GARRETT, GELSER, HUNT, KOMP, NATHANSON, J SMITH, TOMEI
  (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.

  Creates State Agency Innovation Fund. Requires portion of
unspent General Fund balances that otherwise revert to General
Fund to be deposited in fund. Creates process by which
Legislative Assembly may appropriate moneys from fund to state
agencies that revert amounts to General Fund. Specifies that
appropriations are for purposes of improving agency processes.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to state agency innovation; creating new provisions;
  amending ORS 293.146 and 293.190; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Following the end of each biennium, an
amount equal to 10 percent of the total amount of moneys that
would otherwise revert to the General Fund under ORS 293.190
shall be transferred to the State Agency Innovation Fund
established by section 2 of this 2012 Act.
  (2) The Legislative Assembly may appropriate moneys from the
State Agency Innovation Fund to state agencies that revert a
General Fund appropriation balance under ORS 293.190 and that
request an appropriation under this section. An appropriation
made under this section to a state agency shall be in an amount
equal to 10 percent of the total amount the state agency reverted
to the General Fund under ORS 293.190. The appropriation must be
for purposes of agency process improvement or cost efficiency
improvement initiatives.
  (3) State agencies that revert a General Fund appropriation
balance under ORS 293.190 may request an appropriation be made to
the agency from the State Agency Innovation Fund. The request
must describe the agency process improvements or cost efficiency
improvement initiatives proposed to be paid for with the
appropriation, including but not limited to the potential
long-term benefits of the proposal, improvements to agency
service delivery, cost savings and any other factors the agency
considers relevant.
  (4) An appropriation made under this section must be made for
the same specific program area as the original appropriation from
which the state agency reverted moneys to the General Fund under
ORS 293.190. + }
  SECTION 2.  { + The State Agency Innovation Fund is established
in the State Treasury, separate and distinct from the General
Fund.  Interest earned by the State Agency Innovation Fund shall
be credited to the fund. The Legislative Assembly may appropriate
moneys from the fund for purposes described in section 1 of this
2012 Act. + }
  SECTION 3. ORS 293.190 is amended to read:
  293.190. (1) On December 31 in each odd-numbered year, all
General Fund appropriation balances as recorded on the records of
the Oregon Department of Administrative Services for the prior
biennium shall revert to the General Fund except for capital
construction, continuing contracts, contested claims, special
appropriations designated by legislative action { + , + }
 { - or - }  savings continuously appropriated to agencies under
ORS 291.120  { + or moneys transferred to the State Agency
Innovation Fund under section 1 of this 2012 Act + }.
  (2) On December 31 in each odd-numbered year, all limitation
balances on any separate fund or cash account in the State
Treasury shall be canceled except for continuing contracts,
contested claims or special limitations designated by legislative
action.
  (3) Notwithstanding subsections (1) and (2) of this section,
under conditions which shall be described by the department by
rule, upon request, an extension may be granted to allow an
agency to make final analyses and corrections before an
appropriation or limitation is canceled. The procedures for
requesting an extension and the criteria for approving the
request shall be established by the department.
  SECTION 4. ORS 293.146 is amended to read:
  293.146. (1) As used in this section:
  (a) 'Ending balance' means the difference between the amount of
General Fund revenues collected during a biennium and the amount
of General Fund appropriations for the biennium.
  (b) 'General Fund appropriations' means the amount of moneys
appropriated from the General Fund for a biennium in the
legislatively approved budget for the biennium, minus the amount
of any General Fund appropriation balances for that biennium that
revert to the General Fund under ORS 293.190  { + or are
transferred to the State Agency Innovation Fund under section 1
of this 2012 Act + }.
  (c) 'Legislatively approved budget' has the meaning given that
term in ORS 291.002.
  (2) Except as provided in ORS 293.148, as soon as possible
after the ending balance for a biennium is determined, an amount
equal to one percent of the amount of General Fund appropriations
for that biennium shall be transferred to the Oregon Rainy Day
Fund established by ORS 293.144. If the ending balance does not
equal or exceed one percent of the amount of General Fund
appropriations, an amount equal to the ending balance shall be
transferred to the Oregon Rainy Day Fund.
  SECTION 5. ORS 293.190, as amended by section 3 of this 2012
Act, is amended to read:
  293.190. (1) On December 31 in each odd-numbered year, all
General Fund appropriation balances as recorded on the records of
the Oregon Department of Administrative Services for the prior
biennium shall revert to the General Fund except for capital
construction, continuing contracts, contested claims, special
appropriations designated by legislative action  { - , - }
 { + or + } savings continuously appropriated to agencies under
ORS 291.120   { - or moneys transferred to the State Agency
Innovation Fund under section 1 of this 2012 Act - } .
  (2) On December 31 in each odd-numbered year, all limitation
balances on any separate fund or cash account in the State
Treasury shall be canceled except for continuing contracts,
contested claims or special limitations designated by legislative
action.
  (3) Notwithstanding subsections (1) and (2) of this section,
under conditions which shall be described by the department by
rule, upon request, an extension may be granted to allow an
agency to make final analyses and corrections before an
appropriation or limitation is canceled. The procedures for
requesting an extension and the criteria for approving the
request shall be established by the department.
  SECTION 6.  { + The amendments to ORS 293.190 by section 5 of
this 2012 Act become operative January 2, 2016. + }
  SECTION 7. ORS 293.146, as amended by section 4 of this 2012
Act, is amended to read:
  293.146. (1) As used in this section:
  (a) 'Ending balance' means the difference between the amount of
General Fund revenues collected during a biennium and the amount
of General Fund appropriations for the biennium.
  (b) 'General Fund appropriations' means the amount of moneys
appropriated from the General Fund for a biennium in the
legislatively approved budget for the biennium, minus the amount
of any General Fund appropriation balances for that biennium that
revert to the General Fund under ORS 293.190   { - or are
transferred to the State Agency Innovation Fund under section 1
of this 2012 Act - } .
  (c) 'Legislatively approved budget' has the meaning given that
term in ORS 291.002.
  (2) Except as provided in ORS 293.148, as soon as possible
after the ending balance for a biennium is determined, an amount
equal to one percent of the amount of General Fund appropriations
for that biennium shall be transferred to the Oregon Rainy Day
Fund established by ORS 293.144. If the ending balance does not
equal or exceed one percent of the amount of General Fund
appropriations, an amount equal to the ending balance shall be
transferred to the Oregon Rainy Day Fund.
  SECTION 8.  { + The amendments to ORS 293.146 by section 7 of
this 2012 Act become operative January 2, 2016. + }
  SECTION 9.  { + Sections 1 and 2 of this 2012 Act and the
amendments to ORS 293.146 and 293.190 by sections 3 and 4 of this
2012 Act apply to biennia beginning on or after July 1, 2011. + }
  SECTION 10.  { + (1) Sections 1 and 2 of this 2012 Act are
repealed on January 2, 2016.
  (2) Any moneys in the State Agency Innovation Fund that are
unexpended and unobligated on January 2, 2016, shall revert to
the General Fund and be available for general governmental
purposes. + }
  SECTION 11.  { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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