72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
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 818
House Bill 2072
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Committee on
Judiciary for Public Defense Services Commission)
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.
Accelerates transfer of responsibility for indigent defense
services from State Court Administrator to Public Defense
Services Commission.
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
Relating to public defense services; creating new provisions;
amending sections 15, 18 and 19, chapter 962, Oregon Laws 2001;
repealing section 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. Section 18, chapter 962, Oregon Laws 2001, is
amended to read:
{ + Sec. 18. + } (1) The unexpended balances of amounts as of
{ - October 1, 2003, - } { + the effective date of this 2003
Act + } authorized to be expended for the biennium beginning July
1, { - 2003 - } { + 2001 + }, 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, + } { - of this 2001 Act, - }
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 - } { + 2001 + }.
(2) For the purpose of administering and enforcing the duties,
functions and powers transferred by section 16 { + , chapter 962,
Oregon Laws 2001, + } { - of this 2001 Act - } 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, + } { - of this 2001 Act - } and that is
unexpended on { - October 1, 2003 - } { + the effective date
of this 2003 Act + }. The commission shall assume and pay all
outstanding obligations lawfully incurred by the State Court
Administrator before { - October 1, 2003, - } { + 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. { + (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 4. 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 5. { + Section 23, chapter 962, Oregon Laws 2001, is
repealed. + }
SECTION 6. { + 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. + }
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