71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
Note: For budget, see 2001-03 Biennial Budget, Page D-16
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 9013
 
                         House Bill 5013
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Budget and Management
  Division, Oregon Department of Administrative Services)
 
 
                             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.
 
  Appropriates moneys from General Fund to Department of Justice
for biennial expenses of district attorneys and their deputies,
certain administrative costs, and payment of witness fees.
  Subjects Department of Justice to Oregon Department of
Administrative Services allotment process.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
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 $6,686,306, 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 $403,181 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. + }
                         ----------