Bill Text: OR SB5565 | 2010 | 1st Special Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to state financial administration; appropriating money; declaring an emergency; and providing for transfer of moneys from the Education Stability Fund and appropriation of moneys from the Oregon Rainy Day Fund that require approval by a three-fifths majority.

Spectrum: Committee Bill

Status: (Passed) 2010-03-29 - Effective date, March 29, 2010. [SB5565 Detail]

Download: Oregon-2010-SB5565-Engrossed.html

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     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 230

                           A-Engrossed

                        Senate Bill 5565
                Ordered by the Senate February 23
          Including Senate Amendments dated February 23

Sponsored by JOINT COMMITTEE ON WAYS AND MEANS

                             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.

    { - Appropriates moneys from General Fund to _______ for
biennial expenses. - }
    { - Limits biennial expenditures from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, collected or received by _______. - }
    { - Limits biennial expenditures of _______ from federal
funds. - }
   { +  Establishes Supplemental School District and School
Program Subaccount within State School Fund. Continuously
appropriates moneys in subaccount to Department of Education.
Sunsets July 1, 2012.
  Transfers specified amount from Education Stability Fund to
subaccount. Limits, for biennium ending June 30, 2011,
expenditures from lottery moneys transferred to subaccount.
  Requires Superintendent of Public Instruction to distribute,
according to specified calculation, amount in subaccount to
school districts. Applies to distributions made to school
districts for 2010-2011 school year.
  Appropriates moneys from Oregon Rainy Day Fund to General Fund
for general governmental purposes. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to state financial administration; creating new
  provisions; amending sections 8 and 9, chapter 635, Oregon Laws
  2009; appropriating money; limiting expenditures; declaring an
  emergency; and providing for transfer of moneys from the
  Education Stability Fund and appropriation of moneys from the
  Oregon Rainy Day Fund that require approval by a three-fifths
  majority.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds that there has
been a decline for two or more consecutive quarters in the last
12 months in seasonally adjusted nonfarm payroll employment. + }
  SECTION 2. Section 8, chapter 635, Oregon Laws 2009, is amended
to read:
   { +  Sec. 8. + } Notwithstanding any condition or limitation
described in ORS 293.144 and in addition to and not in lieu of
any other appropriation, there is appropriated to the Department
of Education, for the biennium beginning July 1, 2009, out of the
Oregon Rainy Day Fund, the amount determined as provided by
section 10   { - of this 2009 Act - } ,  { + chapter 635, Oregon
Laws 2009, + } for the   { - State School Fund - }  { +
Supplemental School District and School Program Subaccount
established by section 4 of this 2010 Act + }.
  SECTION 3. Section 9, chapter 635, Oregon Laws 2009, is amended
to read:
   { +  Sec. 9. + } In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of
Education, for the biennium beginning July 1, 2009, out of the
General Fund, the amount determined as provided by section 10
 { - of this 2009 Act - } ,  { + chapter 635, Oregon Laws
2009, + } for the   { - State School Fund - }  { +  Supplemental
School District and School Program Subaccount established by
section 4 of this 2010 Act + }.
  SECTION 4.  { + (1) The Supplemental School District and School
Program Subaccount is established within the State School Fund.
The Department of Education shall maintain separate records for
moneys in the subaccount.
  (2) The Supplemental School District and School Program
Subaccount consists of moneys appropriated to the subaccount as
provided by sections 8 and 9, chapter 635, Oregon Laws 2009, and
transferred to the subaccount as provided by section 5 of this
2010 Act.
  (3) Moneys in the Supplemental School District and School
Program Subaccount are continuously appropriated to the
Department of Education for distribution as provided by section 7
of this 2010 Act. + }
  SECTION 5.  { + (1) Based on the findings in section 1 of this
2010 Act, and pursuant to section 4 (6), Article XV of the Oregon
Constitution, on May 1, 2011, the State Treasurer shall transfer
from the Education Stability Fund established under section 4
(4)(d), Article XV of the Oregon Constitution, and ORS 348.696 to
the Supplemental School District and School Program Subaccount
established by section 4 of this 2010 Act an amount equal to the
lesser of:
  (a) The difference between $200 million and the total amount of
the appropriations to the Supplemental School District and School
Program Subaccount made under sections 8 and 9, chapter 635,
Oregon Laws 2009, as determined under section 10, chapter 635,
Oregon Laws 2009; or
  (b) The balance of the Education Stability Fund at the close of
the last business day preceding the date of the transfer.
  (2) Moneys transferred under this section may be used in the
manner provided by section 7 of this 2010 Act for moneys in the
Supplemental School District and School Program Subaccount.
  (3) As used in this section, 'balance of the Education
Stability Fund' means all moneys in the fund except for moneys in
the Oregon Growth Account, the Oregon Resource and Technology
Development Subaccount and the school capital matching
subaccount. + }
  SECTION 6.  { + Notwithstanding section 5 of this 2010 Act, for
purposes of making the transfer of moneys from the Education
Stability Fund to the Supplemental School District and School
Program Subaccount required by section 5 of this 2010 Act, the
State Treasurer may not:
  (1) Divert declared earnings on moneys in the Education
Stability Fund;
  (2) Divert moneys that would otherwise be transferred to the
Oregon Growth Account or the Oregon Resource and Technology
Development Subaccount; or
  (3) Reduce the amount of moneys in the Oregon Growth Account or
the Oregon Resource and Technology Development Subaccount. + }

  SECTION 7.  { + (1) Notwithstanding ORS 327.019 (3)(a), the
Superintendent of Public Instruction may not include any amounts
in the Supplemental School District and School Program Subaccount
established by section 4 of this 2010 Act when the superintendent
makes the calculation of the total amount available for
distribution to school districts, education service districts and
programs under ORS 327.019 (3)(a).
  (2) Notwithstanding ORS 327.019 (3)(c), the superintendent
shall calculate a funding percentage under ORS 327.019 (3)(c) to
distribute to school districts under ORS 327.008 as nearly as
practicable the sum of:
  (a) The amount calculated under ORS 327.019 (3)(b); and
  (b) The amount in the Supplemental School District and School
Program Subaccount. + }
  SECTION 8.  { + Section 7 of this 2010 Act applies only to
distributions made to school districts for the 2010-2011 school
year. + }
  SECTION 9.  { + Section 4 of this 2010 Act is repealed on July
1, 2012. + }
  SECTION 10.  { + On the date immediately prior to the date of
repeal specified in section 9 of this 2010 Act, the Department of
Education shall transfer to the State School Fund any moneys
remaining in the Supplemental School District and School Program
Subaccount established by section 4 of this 2010 Act for deposit
in the State School Fund. + }
  SECTION 11.  { + Notwithstanding any condition or limitation
described in ORS 293.144 and in addition to and not in lieu of
any other appropriation, based on the findings in section 1 of
this 2010 Act, for the biennium beginning July 1, 2009, $10
million out of the Oregon Rainy Day Fund is appropriated to the
General Fund to be available for general governmental
purposes. + }
  SECTION 12.  { + Section 11 of this 2010 Act becomes operative
on April 1, 2010. + }
  SECTION 13.  { + Notwithstanding any other law limiting
expenditures, for the biennium ending June 30, 2011, the maximum
limit for payment of expenses by the Department of Education from
lottery moneys transferred from the Education Stability Fund to
the Supplemental School District and School Program Subaccount
established by section 4 of this 2010 Act is the amount
transferred as provided by section 5 of this 2010 Act. + }
  SECTION 14.  { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
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