Chapter 127 Oregon Laws 2001

AN ACT

HB 5013

Relating to the financial administration of Department of Justice; appropriating money; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. There is appropriated to the Department of Justice, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $6,673,619, which may be expended only for paying the expenses of the district attorneys.

SECTION 2. (1) There is appropriated to the Department of Justice, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $1,903,744, which may be expended only for special payments to counties for deputy district attorneys actually employed by the county and whose salaries are not paid entirely by federal funds.

(2) Each county shall certify to the Department of Justice, not later than the fifth day of the quarter, the number of eligible deputies employed for which compensation is requested for the quarter. Eligible deputy positions for which counties may claim compensation are those filled by an incumbent on the first day of the quarter and the salary for which is not paid entirely from federal funds. A quarterly installment payment claimed by a county under this section for an eligible deputy district attorney shall be reduced by the amount of the salary of that deputy district attorney which is paid in the quarter from federal funds.

(3) Commencing July 1, 2001, from the appropriation made by subsection (1) of this section, each county shall receive quarterly the sum of $1,375 per deputy district attorney, for up to the first three deputies certified by a county under subsection (2) of this section. The remainder of the appropriation made by subsection (1) of this section shall be paid in quarterly installments, in each quarter of the biennium, to the various counties, in amounts which evenly divide the remainder of one-eighth of the appropriation in direct proportion to the number of deputies certified under subsection (2) of this section, reduced by the number of deputies compensated by the minimum quarterly payment under this subsection.

(4) The Department of Justice may revise the quarterly rate set forth in subsection (3) of this section to fully expend but not exceed the appropriation made by this section.

SECTION 3. (1) There is appropriated to the Department of Justice, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $584,135 for the purpose of making payments to counties for witness fees.

(2) From the appropriation made by subsection (1) of this section, each county shall receive annually the sum of the following:

(a) $990.50; and

(b) A proportion of the remainder based on the ratio that the number of deputy district attorneys certified for the county under section 2 (2) of this 2001 Act bears to all deputy district attorneys so certified for all counties.

(3) The Department of Justice may revise the amounts set forth in subsection (2) of this section to fully expend but not exceed the appropriation made by this section.

(4) Notwithstanding subsection (2) of this section, if a county does not spend all of the amount received for witness fees under subsection (2) of this section for any fiscal year, the amount the county receives for the following fiscal year shall be reduced by the unexpended amount.

SECTION 4. In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Justice, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $402,359 for the expenses incurred in administering this 2001 Act.

SECTION 5. Notwithstanding any other law, all sections of this 2001 Act are subject to Oregon Department of Administrative Services rules related to allotting, controlling, and encumbering funds.

SECTION 6. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor May 9, 2001

Filed in the office of Secretary of State May 9, 2001

Effective date July 1, 2001

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