Chapter 823 Oregon Laws 2001

AN ACT

SB 70

Relating to courts; creating new provisions; amending ORS 3.012, 137.118, 137.295, 809.220 and 809.267; repealing ORS 8.172; appropriating money; limiting expenditures; and declaring an emergency.

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

NEW CIRCUIT COURT JUDGES

SECTION 1. ORS 3.012 is amended to read:

3.012. (1) The judicial districts, the counties constituting the judicial districts and the number of circuit court judges for each judicial district are as follows:

(a) The first judicial district consists of Jackson County and has [seven] eight judges.

(b) The second judicial district consists of Lane County and has 15 judges.

(d) The fourth judicial district consists of Multnomah County and has [37] 38 judges.

(e) The fifth judicial district consists of Clackamas County and has 10 judges.

(f) The sixth judicial district consists of the counties of Morrow and Umatilla and has four judges.

(g) The seventh judicial district consists of the counties of Gilliam, Hood River, Sherman, Wasco and Wheeler and has four judges.

(h) The eighth judicial district consists of Baker County and has one judge.

(i) The ninth judicial district consists of Malheur County and has two judges.

(j) The tenth judicial district consists of the counties of Union and Wallowa and has two judges.

(k) The eleventh judicial district consists of Deschutes County and has [six] seven judges.

(L) The twelfth judicial district consists of Polk County and has three judges.

(m) The thirteenth judicial district consists of Klamath County and has five judges.

(n) The fourteenth judicial district consists of Josephine County and has four judges.

(o) The fifteenth judicial district consists of the counties of Coos and Curry and has six judges.

(p) The sixteenth judicial district consists of Douglas County and has five judges.

(q) The seventeenth judicial district consists of Lincoln County and has three judges.

(r) The eighteenth judicial district consists of the counties of Clatsop and Tillamook and has four judges.

(s) The nineteenth judicial district consists of Columbia County and has three judges.

(t) The twentieth judicial district consists of Washington County and has [13] 14 judges.

(u) The twenty-first judicial district consists of Benton County and has three judges.

(v) The twenty-second judicial district consists of the counties of Crook and Jefferson and has three judges.

(w) The twenty-third judicial district consists of Linn County and has five judges.

(x) The twenty-fourth judicial district consists of the counties of Grant and Harney and has one judge.

(y) The twenty-fifth judicial district consists of Yamhill County and has [three] four judges.

(z) The twenty-sixth judicial district consists of Lake County and has one judge.

(2) The Secretary of State shall designate position numbers equal to the number of judges in each of the judicial districts established by this section. The positions shall reflect any qualifications established by ORS 3.041.

SECTION 2. The amendments to ORS 3.012 by section 1 of this 2001 Act become operative on the first Monday in January 2003, except that the provisions for new circuit court judges are operative on the effective date of this 2001 Act for the purposes of nominating and electing new judges in 2002 to assume the duties of the office on the first Monday in January 2003.

SECTION 3. In addition to and not in lieu of any other appropriation, there is appropriated to the Judicial Department, for the biennium beginning July 1, 2001, out of the General Fund, the following amounts:

(1) $380,008, to pay the salary and benefits for the new judicial positions created by the amendments to ORS 3.012 by section 1 of this 2001 Act.

(2) $323,184, to pay the salary and benefits for staff support for the new judicial positions created by the amendments to ORS 3.012 by section 1 of this 2001 Act.

(3) $514,350, to pay for the equipment and furnishings necessary for the new judicial positions created by the amendments to ORS 3.012 by section 1 of this 2001 Act.

SECTION 4. In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, out of the General Fund, for the biennium beginning July 1, 2001, the amount of $369,842, for allocation only to the Judicial Department for payment of expenses attributable to the new judicial positions created by the amendments to ORS 3.012 by section 1 of this 2001 Act. Any moneys remaining unallocated and unobligated by the Emergency Board on November 1, 2002, become available for any lawful purpose for which the Emergency Board may lawfully allocate funds.

JUDGES’ RETIREMENT

SECTION 5. Section 6 of this 2001 Act is added to and made a part of ORS 238.500 to 238.585.

SECTION 6. (1) A judge member who elects to retire under ORS 238.535 (1)(b):

(a) Shall continue to be eligible as a nonretired employee for health benefit plans contracted for under ORS 243.135 during the time that the judge member is serving as a pro tem judge under ORS 238.535 (1)(c); and

(b) Subject to availability of funding, shall continue to receive the monthly state contribution as payment of all or part of the cost of a health benefit plan during the time that the judge member is serving as a pro tem judge under ORS 238.535 (1)(c).

(2) A judge member receiving the monthly state contribution as payment of all or part of the cost of a health benefit plan under this section is not eligible for payments against the cost of Medicare supplemental insurance under ORS 238.420 until such time as the judge member is no longer serving as a pro tem judge under ORS 238.535 (1)(c).

SECTION 7. Subject to sections 8 and 9 of this 2001 Act, section 6 of this 2001 Act applies to all judge members who retire under the provisions of ORS 238.535 (1)(b), whether before, on or after the operative date of section 6 of this 2001 Act, for as long as the judge member is performing the period of pro tem service required by ORS 238.535 (1)(c).

SECTION 8. Section 6 of this 2001 Act becomes operative July 1, 2002.

SECTION 9. Section 6 of this 2001 Act is repealed January 2, 2004.

SECTION 10. In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, out of the General Fund, for the biennium beginning July 1, 2001, the sum of $275,000, for allocation only to the Judicial Department for the monthly state contributions for payment of all or part of the cost of health benefit plans of retired judge members under section 6 of this 2001 Act. Any moneys remaining unallocated and unobligated by the Emergency Board on November 1, 2002, become available for any lawful purpose for which the Emergency Board may lawfully allocate funds.

COLLECTION OF ACCOUNTS

SECTION 11. As used in sections 11 to 16 of this 2001 Act:

(1) “Payment” means a voluntary amount of money paid by a debtor or an involuntary amount of money paid by a debtor through offset or garnishment.

(2) “State court” means a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court.

SECTION 12. (1) Not later than October 1 of each fiscal year, all state courts and all commissions, departments and divisions in the judicial branch of state government shall submit reports to the Legislative Fiscal Office that describe the status of the liquidated and delinquent accounts of the judicial branch of state government, and the efforts made to collect those liquidated and delinquent accounts during the immediately preceding fiscal year. The reports required under this subsection shall be in a form prescribed by the Legislative Fiscal Office and shall include but not be limited to:

(a) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the beginning of the fiscal year;

(b) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the end of the fiscal year;

(c) The liquidated and delinquent accounts that have been added during the immediately preceding fiscal year;

(d) The total amount collected on liquidated and delinquent accounts during the immediately preceding fiscal year;

(e) The total amount and total number of liquidated and delinquent accounts that have been written off during the immediately preceding fiscal year;

(f) The total amount and total number of liquidated and delinquent accounts that have been assigned for collection, and the collection efforts made for those accounts, during the immediately preceding fiscal year;

(g) The total amount and total number of liquidated and delinquent accounts that have been turned over to private collection agencies under section 13 of this 2001 Act and the total amount that has been collected by those agencies during the immediately preceding fiscal year;

(h) The total amount and total number of accounts that have ceased to be liquidated and delinquent during the fiscal year for reasons other than having been collected or written off;

(i) The total number and total amount of all liquidated and delinquent accounts that have been exempted under section 15 of this 2001 Act; and

(j) Any other information necessary to inform the Legislative Fiscal Office of the status of the liquidated and delinquent accounts of the judicial branch of state government.

(2) The Legislative Fiscal Office shall produce an annual report, not later than December 31 of each fiscal year, on the status of the liquidated and delinquent accounts of the judicial branch of state government. The annual report shall be based on the reports submitted under subsection (1) of this section.

(3) The reports required under subsection (1) of this section may be made by the State Court Administrator on behalf of some or all of the state courts and on behalf of some or all of the commissions, departments and divisions in the judicial branch of state government.

SECTION 13. (1) Except as otherwise provided by law, all state courts and all commissions, departments and divisions in the judicial branch of state government shall offer to assign the liquidated and delinquent accounts of the state court, commission, department or division to a private collection agency, or to the Department of Revenue under the provisions of ORS 293.250, not later than:

(a) One year from the date the account was liquidated if no payment has been received on the account within that year; or

(b) One year from the date of receipt of the most recent payment on the account.

(2) Nothing in subsection (1) of this section prohibits a state court or a commission, department or division in the judicial branch of state government from assigning a liquidated and delinquent account to a private collection agency at any time within the one-year period, or from assigning a liquidated and delinquent account to the Department of Revenue during the one-year period, if that assignment is otherwise allowed by law.

(3) Nothing in this section prevents a state court or a commission, department or division in the judicial branch of state government from assigning an account to the Department of Revenue for the purpose of seeking an offset against tax refunds or other amounts due the debtor at the time the account is assigned to a private collection agency. A state court and any commission, department or division in the judicial branch of state government that assigns the same account to both the Department of Revenue and a private collection agency shall ensure that both the Department of Revenue and the private collection agency are kept informed of the status of all collections made on the account.

(4) If a private collection agency is unable to collect on an account assigned under this section, the private collection agency shall notify the state court, commission, department or division that assigned the account that the private collection agency is unable to collect on the account and that the private collection agency will relinquish the account. The private collection agency shall relinquish the account within a reasonable time or within such time as may be set by agreement. A private collection agency that is assigned an account under this section shall be held to the same standard of confidentiality, service and courtesy imposed on a state court in collecting on liquidated and delinquent accounts.

(5) If a liquidated and delinquent account is assigned to the Department of Revenue as provided in ORS 293.250, the Department of Revenue shall have one year from the date of liquidation, or from the date of receipt of the most recent payment on the account, to collect a payment. If the Department of Revenue does not collect a payment within the one-year period or if one year has elapsed since the date of receipt of the most recent payment on the account, the Department of Revenue shall notify the state court, commission, department or division that assigned the account. The state court, commission, department or division shall then immediately offer assignment of the account to a private collection agency.

(6) For the purposes of this section, a state court or a commission, department or division in the judicial branch of state government shall be considered to have offered an account for assignment to a private collection agency if:

(a) The terms of the offer are of a type generally accepted by the collections industry for the type of account to be assigned; and

(b) The offer is made to a private collection agency that engages in the business of collecting the type of account to be assigned or made generally to private collection agencies through a bid or request for proposal process.

(7) The offer of assignment of accounts required under this section may be made by the State Court Administrator on behalf of some or all of the state courts and on behalf of some or all of the commissions, departments and divisions in the judicial branch of state government.

SECTION 14. (1) Section 13 of this 2001 Act does not apply to liquidated and delinquent accounts that are prohibited by state or federal law or regulation from assignment or collection.

(2) Notwithstanding section 13 of this 2001 Act, a state court or a commission, department or division in the judicial branch of state government, acting in its sole discretion, may choose not to offer a liquidated and delinquent account to a private collection agency or to the Department of Revenue if the account:

(a) Is secured by a consensual security interest in real or personal property;

(b) Is based on that part of a judgment that requires payment of restitution or a payment to the Crime Victims’ Assistance section of the Criminal Justice Division of the Department of Justice;

(c) Is in litigation, mediation or arbitration or is subject to a stay in bankruptcy proceedings;

(d) Is owed by a local or state government or by the federal government;

(e) Is owed by a debtor who is hospitalized in a state hospital as defined in ORS 162.135 or who is on public assistance as defined in ORS 411.010;

(f) Consists of moneys for which a district attorney has assumed collection responsibility under ORS 8.680;

(g) Consists of moneys owed by a person who is incarcerated;

(h) Is an account that was previously offered to a private collection agency and was refused, or that was previously assigned to a private collection agency and the agency thereafter relinquished the account;

(i) Is less than $100, including penalties; or

(j) Would result in loss of federal funding if assigned.

SECTION 15. (1) The State Court Administrator may establish policies and procedures for exempting accounts from the requirements of section 13 of this 2001 Act. All policies establishing exemptions under this section must be documented and justified by the State Court Administrator.

(2) The State Court Administrator may establish criteria and standards by which state courts and commissions, departments and divisions in the judicial branch of state government may cease to make collection efforts for specified types of accounts.

SECTION 16. Nothing in sections 11 to 16 of this 2001 Act limits or affects the ability of a judge of a state court to enforce, modify, set aside, suspend, delay, condition, schedule or take any other action authorized by law with respect to a debt or money obligation owed to this state.

SECTION 17. Notwithstanding any other law, the appropriation to the Judicial Department under section 1 (1), chapter 130, Oregon Laws 2001 (Enrolled House Bill 5020), from the General Fund for the biennium beginning July 1, 2001, is reduced by $6,007,971.

SECTION 18. Notwithstanding any other law, the limitation established for the biennium beginning July 1, 2001, under the provisions of section 3, chapter 130, Oregon Laws 2001 (Enrolled House Bill 5020), as the maximum limit for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Judicial Department, is increased by $6,830,096 for the funding of court collection activities and related operating expenses.

SECTION 19. ORS 137.118 is amended to read:

137.118. (1) Judgments in criminal actions that impose monetary obligations, including judgments requiring the payment of fines, costs, assessments, compensatory fines, attorney fees, forfeitures or restitution, may be assigned by the state, by a municipal court or by a justice court for collection. An assignment by the state may be to the Department of Revenue or a private collection agency. An assignment by a municipal court or by a justice court may be to a private collection agency. Nothing in this section limits the right of a municipal court or a justice court to assign for collection judgments in matters other than criminal actions.

(2) [The] A municipal or justice court may add to any judgment in a criminal action that includes a monetary obligation a fee for the cost of collection if the court gives the defendant a period of time to pay the obligation after the date of imposition of the sentence or after the date of the hearing or proceeding that results in the imposition of the financial obligation. The fee may not exceed 25 percent of the monetary obligation imposed by the court without the addition of the cost of collection, but shall not be more than $250. The fee shall be waived or suspended by the court if the defendant pays the monetary obligation in the manner required by the court.

(3) A state court shall add to any judgment in a criminal action that includes a monetary obligation the fees required by section 20 of this 2001 Act.

[(3)] (4) As used in this section, “criminal action” has the meaning given that term in ORS 131.005.

SECTION 20. (1) All circuit courts and appellate courts of this state, and all commissions, departments and divisions of the judicial branch of state government, shall add a fee of not less than $25 and not more than $50 to any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting. The fee shall be added to cover the cost of establishing and administering an account for the debtor and shall be added without further notice to the debtor or further order of the court. The fee shall be added only if the court gives the defendant a period of time in which to pay the obligation after the financial obligation is imposed. Fees under this subsection shall be deposited in the General Fund.

(2) All circuit courts and appellate courts of this state, and all commissions, departments and divisions of the judicial branch of state government, that use the Department of Revenue or private collection agencies shall add a fee to any judgment referred for collection that includes a monetary obligation that the state court or the commission, department or division is charged with collecting. The fee shall be added to cover the costs of collection charged by the Department of Revenue or private collection agency and shall be added to the monetary obligation without further notice to the debtor or further order of the court. The fee may not exceed the actual costs of collection charged by the Department of Revenue or private collection agency. Fees under this subsection shall be deposited in the Judicial Department Collections Account established under section 25 of this 2001 Act and may be used only for the purposes specified in section 25 of this 2001 Act.

(3) A court may not waive or suspend the fees required to be added to judgments under the provisions of this section.

SECTION 21. (1) The fee required by section 20 (1) of this 2001 Act shall be added only to judgments entered in the register of a court on or after September 1, 2001.

(2) The fee required by section 20 (2) of this 2001 Act shall be added to all judgments, whether entered in the register of a court before, on or after the effective date of this 2001 Act, that are referred for collection to the Department of Revenue or a private collection agency on or after September 1, 2001.

SECTION 22. ORS 137.295 is amended to read:

137.295. (1) When a defendant convicted of a crime or violation in the circuit, justice or municipal court, or allowed diversion in such a case, makes a payment of money to be credited against monetary obligations imposed as a result of that conviction or diversion, the clerk shall distribute the payment as provided in this section.

(2) There are four categories of monetary obligations. The categories are as follows:

(a) Category 1 consists of compensatory fines under ORS 137.101.

(b) Category 2 consists of restitution as defined in ORS 137.103 and restitution under ORS 419C.450 and a monetary obligation imposed under ORS 811.706.

(c) Category 3 consists of the unitary assessment imposed under ORS 137.290, costs imposed under ORS 151.505 or 161.665 and those fines, costs, forfeited security amounts and other monetary obligations payable to the state or to the General Fund of the state in criminal and quasi-criminal cases for which moneys the law does not expressly provide other disposition.

(d) Category 4 consists of monetary obligations imposed upon the defendant as a result of the conviction, but which do not fall under category 1, category 2 or category 3 of the obligation categories. These include, but are not limited to, fines and other monetary obligations that the law expressly directs be paid to an agency, person or political subdivision of the state, and any other obligation to reimburse for payment of a reward under ORS 131.897.

(3) So long as there remains unpaid any obligation under category 1, the clerk shall credit toward category 1 all of each payment received.

(4) After the total obligation has been credited under category 1, then so long as there remains unpaid any obligation under both categories 2 and 3, the clerk shall credit toward each such category 50 percent of each payment received.

(5) The clerk shall monthly transfer the moneys credited under category 1 and under category 2 to the victims for whose benefit moneys under that category were ordered paid. The clerk of a circuit court shall monthly transfer the moneys credited under category 3 as directed by the State Court Administrator for deposit in the State Treasury to the credit of the Criminal Fine and Assessment Account established under ORS 137.300. The clerk of a justice or municipal court shall monthly transfer the moneys credited under category 3 to the Department of Revenue as provided in ORS 305.830.

(6) When the entire amount owing for purposes of either category 2 or category 3 has been credited, further payments by the defendant shall be credited by the clerk entirely to the unpaid balance of whichever of those categories remains unpaid, until both category 2 and category 3 have been entirely paid.

(8) Notwithstanding subsection (5) of this section, the clerk of a circuit court shall monthly transfer the moneys attributable to parking violations to the State Treasurer for deposit in the General Fund.

SECTION 23. ORS 137.295, as amended by section 1, chapter 1064, Oregon Laws 1999, is amended to read:

(2) There are four categories of monetary obligations. The categories are as follows:

(a) Category 1 consists of compensatory fines under ORS 137.101.

(b) Category 2 consists of restitution as defined in ORS 137.103 and restitution under ORS 419C.450 and a monetary obligation imposed under ORS 811.706.

(3) As long as there remains unpaid any obligation under category 1, including any interest accrued on that obligation, the clerk shall credit toward category 1 all of each payment received.

(4) After the total obligation has been credited under category 1, then as long as there remains unpaid any obligation under both categories 2 and 3, including any interest accrued on those obligations, the clerk shall credit toward each such category 50 percent of each payment received.

(5) The clerk shall monthly transfer the principal amount of the moneys credited under category 1 and under category 2, and all interest that has accrued on those principal amounts, to the victims for whose benefit moneys under that category were ordered paid. The clerk of a circuit court shall monthly transfer the principal amount of the moneys credited under category 3 as directed by the State Court Administrator for deposit in the State Treasury to the credit of the Criminal Fine and Assessment Account established under ORS 137.300. The clerk of a justice or municipal court shall monthly transfer the principal amount of the moneys credited under category 3 to the Department of Revenue as provided in ORS 305.830. The clerk shall transfer all interest on the principal amount of the moneys credited under category 3 to the State Court Administrator for deposit in the Court Facilities Account established under ORS 1.190.

(6) When the entire amount owing for purposes of either category 2 or category 3 has been credited, including any interest that has accrued on the amount, further payments by the defendant shall be credited by the clerk entirely to the unpaid balance of whichever of those categories remains unpaid, until both category 2 and category 3 have been entirely paid.

(7) When category 1, category 2 and category 3 have been entirely paid and any obligation remains owing under category 4, the clerk shall credit further payments by the defendant to the obligations under category 4 and shall monthly transfer the principal amount of the moneys so received to the appropriate recipient, giving first priority to counties and cities entitled to revenues generated by prosecutions in justice and municipal courts and giving last priority to persons entitled to moneys as reimbursement for reward under ORS 131.897. The clerk shall transfer all interest on the principal amount of the moneys credited under category 4 to the agency, person or political subdivision of the state entitled to the principal amount. All interest on monetary obligations owing to the state under category 4 shall be transferred to the State Court Administrator for deposit in the Court Facilities Account established under ORS 1.190.

SECTION 24. ORS 8.172 is repealed and section 25 of this 2001 Act is enacted in lieu thereof.

SECTION 25. (1) The State Court Administrator may establish a collections program within the Judicial Department for the purpose of enhancing collections. Subject to policies and procedures prescribed by the State Court Administrator, the collections program may collect, by any means authorized by law, all amounts owing to the state that are subject to collection by the state courts or by a commission, department or division in the judicial branch of state government. The State Court Administrator may establish a separate unit within the collections program for the collection of parking fines in counties with populations of more than 500,000.

(2) There is established within the General Fund the Judicial Department Collections Account. The account shall consist of moneys deposited in the account under the provisions of subsection (3) of this section. All moneys in the account are continuously appropriated to the Judicial Department and may be used only for the purposes specified in subsection (3) of this section.

(3) All moneys collected by the collections program established under this section shall be deposited in the Judicial Department Collections Account. At the end of each calendar month, the State Court Administrator shall distribute the amounts in the account in the following order of priority:

(a) The collections program shall be reimbursed for actual costs and expenses of the program, including personnel expenses, incurred in the administration and collection of accounts. The amount of reimbursement may not exceed the actual costs and expenses incurred by the collections program. The State Court Administrator may designate a single percentage amount to be retained from all moneys collected under the program, but must adjust that percentage amount periodically to reflect actual program costs.

(b) All moneys not expended under paragraph (a) of this subsection shall be distributed as otherwise provided by law for the amounts collected.

FEE UPON SUSPENSION OR RESTRICTION

OF DRIVING PRIVILEGES

SECTION 26. ORS 809.267 is amended to read:

809.267. A court shall [not issue a notice to the Department of Transportation authorizing reinstatement of driving privileges that the court had ordered suspended or restricted until the person whose privileges were suspended or restricted pays the court a $15 reinstatement fee] add a $15 fee to the judgment in any case in which the court gives notice to the Department of Transportation of the suspension or restriction of a defendant’s driving privileges. The fee shall be added to the judgment without further notice to the defendant or further order of the court. This section applies to [reinstatements after] suspensions or restrictions ordered by a court for failure of a person to comply with a court order or with any conditions imposed by the court, for failure to pay a fine or for failure to appear as required by ORS 153.061.

SECTION 27. ORS 809.220 is amended to read:

809.220. This section establishes procedures that are applicable if a person fails to appear on a citation for a traffic offense. All of the following apply to this section:

(1) If a defendant fails to make any appearance required by the court or by law in a proceeding charging the defendant with a traffic offense, the court:

(a) Shall issue notice to the Department of Transportation to suspend for failure to appear if the defendant is charged with a traffic crime. If a court issues notice under this paragraph, the department shall suspend the driving privileges of the person as provided under ORS 809.280.

(b) Shall issue notice to the department to implement procedures under ORS 809.290 if the defendant is charged with a traffic violation. If a court issues notice under this paragraph, the department shall implement procedures under ORS 809.290.

(2) In any notice to the department under this section, a court shall certify that the defendant failed to appear in the proceedings in the manner required by the court or by law.

(3) [Subject to ORS 809.267,] At any time within five years from the date of a notice to suspend for failure to appear given to the department under this section, a court shall give a second notice to the department to terminate a suspension resulting from the original notice if any of the following occur:

(a) The base fine amount or fine set by the court is paid.

(b) The court finds the defendant not guilty or orders a dismissal of the case.

(4) Notifications by a court to the department under this section shall be in a form prescribed by the department.

(5) A court shall not notify the department under this section for failure to appear on any parking, pedestrian or bicyclist offense.

OPERATIVE DATE

SECTION 28. Section 25 of this 2001 Act, the repeal of ORS 8.172 by section 24 of this 2001 Act, and the amendments to ORS 809.267 and 809.220 by sections 26 and 27 of this 2001 Act become operative on September 1, 2001.

SECTION 29. The unit captions used in this 2001 Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 2001 Act.

SECTION 30. 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 on its passage.

Approved by the Governor July 20, 2001

Filed in the office of Secretary of State July 20, 2001

Effective date July 20, 2001

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