Bill Text: OR SJR21 | 2013 | Regular Session | Introduced

---

Bill Title: Proposing amendment to Oregon Constitution relating to dedicated other funds accounts.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SJR21 Detail]

Download: Oregon-2013-SJR21-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 809

                   Senate Joint Resolution 21

Sponsored by Senator EDWARDS; Representatives CLEM, MATTHEWS
  (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.

  Proposes amendment to Oregon Constitution to prohibit
Legislative Assembly from transferring moneys from dedicated
other funds account to General Fund, or to another fund or
account, to be used for different purpose. Provides exceptions.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating a new section 16 to be added to and made a part of
Article IX, such section to read:
   { +  SECTION 16. + }  { + (1) The Legislative Assembly may not
by law transfer moneys from an other funds account to another
fund or account, including the General Fund, to be used for
purposes other than the purposes prescribed by law for the other
funds account, including general governmental purposes.
  (2) Notwithstanding subsection (1) of this section:
  (a) The Legislative Assembly may transfer moneys from an other
funds account to another fund or account if the transfer is
approved by three-fifths of the members serving in each house of
the Legislative Assembly;
  (b) The Legislative Assembly may transfer moneys from an other
funds account to another fund or account if the Governor declares
an emergency;
  (c) The Legislative Assembly may transfer moneys from an other
funds account to another fund or account if the Legislative
Assembly determines that the purposes for which moneys in the
other funds account may be used have been modified by law;
  (d) The Legislative Assembly may transfer moneys from an other
funds account to another fund or account in response to a savings
that is realized in an equal proportion among other state funds
or accounts and that results from a statewide action identified
by the Legislative Assembly by law; and
  (e) The Legislative Assembly may abolish an other funds account
and transfer moneys from the other funds account to another fund
or account.
  (3) Subsections (1) and (2) of this section do not apply to
moneys in an other funds account that are:
  (a) Lottery funds;
  (b) Federal funds;
  (c) Moneys from the General Fund that have been transferred to
an other funds account; or
  (d) Tax revenues dedicated by law to an other funds account.
  (4) As used in this section:
  (a) 'Other funds account' means a statutory fund or account
that includes fees, moneys or other revenues, including
miscellaneous receipts, collected or received by a state agency
and dedicated or continuously appropriated to the state agency by
law for purposes prescribed by law.
  (b) 'State agency' means any elected or appointed officer,
board, commission, department, division, institution, branch or
other agency of the state government. + }

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
                         ----------