Chapter 306 Oregon Laws 2003

AN ACT

HB 2873

Relating to public defense services; creating new provisions; amending sections 15 and 19, chapter 962, Oregon Laws 2001; repealing sections 18 and 23, chapter 962, Oregon Laws 2001; and declaring an emergency.

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

SECTION 1. Section 15, chapter 962, Oregon Laws 2001, is amended to read:

Sec. 15. (1) Sections 6 to 12 and 14, chapter 962, Oregon Laws 2001, [of this 2001 Act,] the amendments to statutes by sections 28, 31, 104 and 107 to 113, chapter 962, Oregon Laws 2001, [of this 2001 Act] and the repeal of statutes by section 114, chapter 962, Oregon Laws 2001, [of this 2001 Act] become operative on October 1, 2001.

(2) Except as otherwise specifically provided in sections 16 to 23, chapter 962, Oregon Laws 2001, [of this 2001 Act,] sections 16 to 23, chapter 962, Oregon Laws 2001, [of this 2001 Act,] the amendments to statutes by sections 24 to 27, 29, 29a, 30 and 32 to 103, chapter 962, Oregon Laws 2001, [of this 2001 Act,] the amendments to sections 3, 4 and 5, chapter 962, Oregon Laws 2001,[of this 2001 Act] by sections 106, 106a and 106b, chapter 962, Oregon Laws 2001, [of this 2001 Act] and the repeal of statutes by section 115, chapter 962, Oregon Laws 2001, [of this 2001 Act] become operative on [October] July 1, 2003.

SECTION 2. (1) The unexpended balances of amounts as of the effective date of this 2003 Act authorized to be expended for the biennium beginning July 1, 2003, from revenues dedicated, continuously appropriated, appropriated or otherwise made available for the purpose of administering and enforcing the duties, functions and powers transferred by section 16, chapter 962, Oregon Laws 2001, are appropriated and transferred to and are available for expenditure by the Public Defense Services Commission, to the extent provided in subsection (2) of this section, for the biennium beginning July 1, 2003.

(2) For the purpose of administering and enforcing the duties, functions and powers transferred by section 16, chapter 962, Oregon Laws 2001, and for the payment of the expenses lawfully incurred by the State Court Administrator with respect to the administration and enforcement of such duties, functions and powers, the commission may expend the money that is authorized to be expended by the State Court Administrator for administering and enforcing the duties, functions and powers transferred by section 16, chapter 962, Oregon Laws 2001, and that is unexpended on the effective date of this 2003 Act. The commission shall assume and pay all outstanding obligations lawfully incurred by the State Court Administrator before the effective date of this 2003 Act that are properly charged against amounts authorized by this section to be expended by the commission. The expenditure classifications, if any, established by Acts authorizing or limiting expenditures remain applicable to expenditures by the commission under this section.

SECTION 3. Section 19, chapter 962, Oregon Laws 2001, is amended to read:

Sec. 19. Any proceeding, action, prosecution or other business or matter undertaken or commenced before [October] July 1, 2003, by the State Court Administrator, with respect to the duties, functions and powers transferred to the Public Defense Services Commission by section 16, chapter 962, Oregon Laws 2001,[of this 2001 Act,] and still pending on [October] July 1, 2003, may be conducted and completed by the commission in the same manner, under the same terms and conditions and with the same effect as though undertaken, conducted or completed by the State Court Administrator before the transfer.

SECTION 4. Sections 18 and 23, chapter 962, Oregon Laws 2001, are repealed.

SECTION 5. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.

Approved by the Governor June 11, 2003

Filed in the office of Secretary of State June 11, 2003

Effective date July 1, 2003

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