Chapter 832 Oregon Laws 2001

AN ACT

HB 5050

Relating to state financial administration; appropriating money; limiting expenditures; and declaring an emergency.

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

SECTION 1. Effective July 1, 2001, and thereafter during the 2001-2003 biennium, all Criminal Fine and Assessment Public Safety Fund revenues that are in excess of distributions or allocations required by law shall be maintained in the Criminal Fine and Assessment Public Safety Fund.

SECTION 2. All moneys in the Criminal Fine and Assessment Public Safety Fund as of July 1, 2001, and thereafter shall be reserved to meet the commitments of this 2001 Act.

SECTION 3. The allocation of the Criminal Fine and Assessment Public Safety Fund made by this 2001 Act shall supersede, replace and be in lieu of any allocation of such funds in prior years.

SECTION 4. There are allocated, from the Criminal Fine and Assessment Public Safety Fund, for the biennium beginning July 1, 2001, to the Department of Public Safety Standards and Training, the following amounts for the following purposes:

(1) Police Standards and

Training Account

established under ORS 181.690

for criminal justice training

and standards operations............... $ 11,599,074

(2) Police Standards and

Training Account

established under ORS 181.690

for debt service............................... $ 3,886,625

(3) Public Safety Memorial Fund

established under

ORS 243.950................................... $ 545,263

SECTION 5. There are allocated, from the Criminal Fine and Assessment Public Safety Fund, for the biennium beginning July 1, 2001, to the Department of Human Services State Office for Services to Children and Families, the following amounts for the following purposes:

(1) Domestic Violence Fund

established under ORS 108.660

for the purposes of

ORS 108.620 (1)(a) to (c)................ $ 2,203,982

(2) Sexual Assault Victims Fund

established under ORS 409.285..... $ 566,791

SECTION 6. There is allocated, from the Criminal Fine and Assessment Public Safety Fund, for the biennium beginning July 1, 2001, to the Department of State Police, for officer training, the amount of $1,608,465.

SECTION 7. In addition to and not in lieu of any other appropriation, there are appropriated to the Department of State Police, for the biennium beginning July 1, 2001, out of the General Fund, the following amounts for the following purposes:

(1) Information technology

equipment........................................ $ 2,329,444

(2) Enhanced enforcement of

traffic laws against drivers

of commercial motor vehicles........ $ 1,081,339

(3) Forensic laboratory

analyses and maintenance of

forensic services implied

consent equipment.......................... $ 3,041,631

(4) Operation of the Law

Enforcement Data System............. $ 538,331

SECTION 8. In addition to and not in lieu of any other appropriation, there is appropriated to the Oregon Criminal Justice Commission, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $300,000 for race-based policing studies.

SECTION 9. There are allocated, from the Criminal Fine and Assessment Public Safety Fund, for the biennium beginning July 1, 2001, to the Department of Justice, the following amounts for the following purposes:

(1) Criminal Injuries Compensation

Account established under

ORS 147.225................................... $ 7,136,480

(2) Services to children eligible

for compensation under

ORS 147.390 and costs to

administer provision of these

services, which costs may not

exceed five percent......................... $ 792,942

(3) Child Abuse Multidisciplinary

Intervention Account

established under ORS 418.746..... $ 3,793,509

(4) Creation and operation of a

statewide system of regional

assessment centers as provided

under ORS 418.780 to 418.796...... $ 486,382

SECTION 10. In addition to and not in lieu of any other appropriation, there is appropriated to the Oregon Department of Administrative Services for the arrest and return of fugitives, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $533,802.

SECTION 11. In addition to and not in lieu of any other appropriation there is appropriated to the Department of Human Services office of Alcohol and Drug Abuse Programs, for the Intoxicated Driver Program Fund established under ORS 813.270, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $4,089,897.

SECTION 12. There is allocated, for the biennium beginning July 1, 2001, from the Criminal Fine and Assessment Public Safety Fund, to the Department of Human Services Health Division, for the Emergency Medical Services Enhancement Account established under ORS 442.625, the amount of $533,191.

SECTION 13. There is allocated, for the biennium beginning July 1, 2001, from the Criminal Fine and Assessment Public Safety Fund, to the Oregon Department of Administrative Services for the Oregon Health and Science University, for the Emergency Medical Services Enhancement Account established under ORS 442.625, the amount of $1,407,616.

SECTION 14. There is appropriated, for the biennium beginning July 1, 2001, out of the General Fund, to the Oregon Department of Administrative Services for distribution to the Children’s Trust Fund of Oregon, Incorporated, to the subaccount pursuant to section 36 (1), chapter 1084, Oregon Laws 1999, or a successor subaccount, account or fund, the amount of $1,350,000.

SECTION 15. In addition to and not in lieu of any other appropriation, there is appropriated to the Department of Transportation, for the Safety Education Fund established under ORS 802.155, for the biennium beginning July 1, 2001, out of the General Fund, the amount of $190,183.

SECTION 16. (1) The Department of Revenue shall establish by rule a process for allocating available moneys in the Criminal Fine and Assessment Public Safety Fund on a quarterly basis to fulfill the biennial allocations made in this 2001 Act.

(2) If, in any quarter, the moneys in the Criminal Fine and Assessment Public Safety Fund are insufficient to pay for the quarterly allocations established under this 2001 Act, the Department of Revenue shall satisfy the debt service obligations for the Department of Public Safety Standards and Training prior to making any other allocations in this 2001 Act.

(3) After the debt service obligations described in subsection (2) of this section are satisfied, if the remaining moneys in the Criminal Fine and Assessment Public Safety Fund are insufficient to pay for the quarterly allocations established under this 2001 Act, these allocations shall be reduced proportionately in sufficient amounts to accommodate the revenue shortfall.

SECTION 17. All unexpended moneys appropriated or otherwise available to the State Office for Services to Children and Families in the Child Abuse Multidisciplinary Intervention Account on the effective date of this 2001 Act are appropriated to the Department of Justice for the purposes of ORS 418.746 and 418.751.

SECTION 18. Notwithstanding any other law limiting expenditures for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, for the biennium beginning July 1, 2001, the expenditure limitation established for the Department of Public Safety Standards and Training for debt service by section 1 (2), chapter 167, Oregon Laws 2001 (Enrolled Senate Bill 5541), is decreased by $700,000.

SECTION 19. Notwithstanding any other law limiting expenditures for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, for the biennium beginning July 1, 2001, the expenditure limitation established for the Department of Justice by section 2, chapter 58, Oregon Laws 2001 (Enrolled House Bill 5022), is increased by $6,486,781.

SECTION 20. Notwithstanding any other law limiting expenditures for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds, for the biennium beginning July 1, 2001, the expenditure limitations established for the Department of State Police by section 2, chapter 776, Oregon Laws 2001 (Enrolled Senate Bill 5538), for the following purposes are adjusted as follows:

(1) Patrol Services

activities and operations................. -$673,754

(2) Forensic Services and

Medical Examiner activities

and operations................................ -2,971,319

(3) Human Resources, Training,

Criminal Justice Services,

Information Communications

and Management, Law

Enforcement Data System

activities and operations,

and Emergency Management

activities and operations................. -2,329,444

SECTION 21. Notwithstanding any other law limited expenditures for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, tobacco tax receipts and Medicare receipts and federal funds for indirect cost recovery, for the biennium beginning July 1, 2001, the expenditure limitations established for the Department of Human Services by section 3, chapter 892, Oregon Laws 2001 (Enrolled Senate Bill 5527), for economic independence and family stability services are adjusted as follows:

(1) State Office for Services

to Children and Families................ -$6,486,781

(2) Office of Alcohol and

Drug Abuse Programs................... -4,106,042

SECTION 22. Notwithstanding any other law limited expenditures for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts and federal funds received as reimbursement from the United States Department of Transportation and the Federal Highway Administration under the Transportation Equity Act for the 21st Century, for the biennium beginning July 1, 2001, the expenditure limitation established for the Department of Transportation by section 2, chapter 643, Oregon Laws 2001 (Enrolled Senate Bill 5545), for transportation safety is decreased by $190,183.

SECTION 23. 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 24. 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 July 27, 2001

Filed in the office of Secretary of State July 27, 2001

Effective date July 27, 2001

__________