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 949
House Bill 2073
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Committee on
Judiciary)
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.
Creates State Court Facilities Task Force. Specifies membership
of task force. Directs task force to study funding of, and other
issues relating to, state court facilities and to make
recommendations on minimum standards for suitable and sufficient
court facilities. Establishes State Court Facilities Task Force
Account in General Fund. Sunsets task force on January 1, 2008.
Declares state policy of constructing, acquiring, expanding and
remodeling state court facilities with moneys appropriated from
General Fund.
Authorizes Oregon Department of Administrative Services to make
grants to counties for construction, acquisition, expansion or
remodeling of state court facilities. Directs department to
establish minimum standards for suitable and sufficient state
court facilities. Provides that grants be in form of repayment of
principal and interest on financing agreements and certificates
of participation issued pursuant to those agreements. Limits
grants to amounts authorized by Legislative Assembly by law.
Authorizes State Court Administrator to expend amounts for
construction, acquisition, expansion and remodeling of state
court facilities and for such other maintenance and repair of
state court facilities as deemed necessary by State Court
Administrator. Establishes State Court Administrator Court
Facilities Account in General Fund.
Increases unitary assessment by $2. Allocates moneys from
Criminal Fine and Assessment Account to State Court Facilities
Task Force Account and State Court Administrator Court Facilities
Account.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to court facilities; creating new provisions; amending
ORS 137.290 and 137.300 and section 1b, chapter 829, Oregon
Laws 2001; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The State Court Facilities Task Force is
created. The task force consists of 10 members to be appointed as
follows:
(a) The President of the Senate shall appoint two members who
are Senators at the time of appointment and who are not from the
same political party. The Speaker of the House of Representatives
shall appoint two members who are Representatives at the time of
appointment and who are not from the same political party. A
member appointed under this paragraph ceases to be a member of
the task force upon ceasing to be a member of the Legislative
Assembly.
(b) The Chief Justice of the Supreme Court shall appoint two
members.
(c) The Association of Oregon Counties shall appoint two
members.
(d) The Board of Governors of the Oregon State Bar shall
appoint two members.
(2) The term of office of each member of the task force is four
years. Before the expiration of the term of a member, the
appointing authority shall appoint a successor whose term begins
on February 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the
appointing authority shall make an appointment to become
immediately effective for the unexpired term.
(3) The task force shall elect one of its members to serve as
chairperson and one member to serve as vice chairperson, to
perform such functions as the task force may prescribe.
(4) Legislative members of the task force are entitled to
payment of compensation and expense reimbursement under ORS
171.072, payable from funds appropriated to the Legislative
Assembly.
(5) The Oregon Department of Administrative Services shall
provide staff support and administrative services as needed by
the task force.
(6) The task force may accept contributions of funds and
assistance from the United States or its agencies or from any
other source, public or private, and agree to conditions thereon
not inconsistent with the purposes of the task force. All such
funds are to aid in financing the functions of the task force and
shall be deposited in the General Fund of the State Treasury to
the credit of separate accounts for the task force and shall be
disbursed for the purpose for which contributed in the same
manner as funds appropriated for the task force. + }
SECTION 2. { + (1) The State Court Facilities Task Force shall
study and make recommendations relating to:
(a) Whether additional state court facilities will be required
to meet the needs of the judicial system in the coming years and
what modifications or new construction may be required to meet
those needs;
(b) Changes in state court facility utilization that should be
considered to alleviate the need for additional state court
facilities;
(c) The costs of implementing needed changes in state court
facilities;
(d) Options for ownership or leasing of state court facilities
by the Judicial Department, and the costs of ownership or leasing
of state court facilities;
(e) Whether the state should have responsibility for
maintaining state court facilities, for improving, replacing and
expanding circuit court facilities and for leasing or
constructing new state court facilities; and
(f) Other matters pertaining to state court facilities
including, but not limited to, the suitability and sufficiency of
state court facilities.
(2) The State Court Facilities Task Force shall study and make
recommendations on minimum standards for suitable and sufficient
state court facilities. In developing recommendations, the task
force shall consider the financial circumstances of the community
in which the state court facilities are located and the physical
condition of other facilities in the building in which the state
court facilities are located. The task force shall identify the
costs of complying with the recommended minimum standards in each
county and shall identify a funding source in addition to county
funds for paying the costs of complying with the recommended
minimum standards. Each county and each circuit court trial court
administrator shall cooperate with the task force in assessing
the physical condition of state court facilities in the county
and in identifying the costs of complying with the recommended
minimum standards. + }
SECTION 3. { + The State Court Facilities Task Force shall
make a report to the Seventy-third Legislative Assembly in the
manner provided by ORS 192.245. The report shall contain all
findings and recommendations made by the task force under section
2 of this 2003 Act. + }
SECTION 4. { + (1) The State Court Facilities Task Force
Account is established in the General Fund. The account shall
consist of the moneys deposited in the account under ORS 137.300.
(2) Moneys deposited in the account are continuously
appropriated to the Oregon Department of Administrative Services
and may be used only for the purpose of paying the expenses of
the State Court Facilities Task Force in carrying out its
responsibilities under sections 2 and 3 of this 2003 Act. + }
SECTION 5. { + The Legislative Assembly finds that counties
are in the best position to manage and administer state court
facilities. It is the policy of this state to establish an
ongoing partnership between the state and counties and to finance
the construction, acquisition, expansion and remodeling of state
court facilities with appropriations from the General Fund. The
purpose of this policy is to provide suitable and sufficient
state court facilities for the adjudication of disputes and
enforcement of laws in an impartial, orderly, efficient and safe
manner. + }
SECTION 6. { + (1) The Oregon Department of Administrative
Services shall adopt rules establishing minimum standards for
suitable and sufficient state court facilities.
(2) In order to receive funding under section 7 of this 2003
Act, a proposal to construct, acquire, expand or remodel a state
court facility must meet the minimum standards established by the
Oregon Department of Administrative Services under this
section. + }
SECTION 7. { + (1) The Oregon Department of Administrative
Services may make grants to assist counties in the construction,
acquisition, expansion or remodeling of state court facilities.
In counties with populations of fewer than 100,000 persons, the
grants may not exceed 80 percent of the costs of construction,
acquisition, expansion or remodeling. In counties with
populations of 100,000 persons or more, the grants may not exceed
60 percent of the costs of construction, acquisition, expansion
or remodeling.
(2) Grants made under this section shall be in the form of
payment of principal and interest on financing agreements, and
certificates of participation issued pursuant to those financing
agreements, under section 9 of this 2003 Act. Grants may be made
under this section only to the extent that authority for issuance
of certificates of participation has been approved by the
Legislative Assembly.
(3) The Oregon Department of Administrative Services may make
grants to assist counties in the construction, acquisition,
expansion or remodeling of state court facilities that was
contracted for before the effective date of this 2003 Act if the
contract was entered into on or after ___, 2__. + }
SECTION 8. { + A county, a group of counties or an
intergovernmental entity created by two or more counties may
apply to the Director of the Oregon Department of Administrative
Services for a grant under section 7 of this 2003 Act in a manner
and form prescribed by the director. The director may approve or
deny the application. The Oregon Department of Administrative
Services may provide consultation and technical assistance to
counties to aid in the development and implementation of plans
for the construction, acquisition, expansion or remodeling of
state court facilities. + }
SECTION 9. { + (1) If the Director of the Oregon Department of
Administrative Services approves an application under section 8
of this 2003 Act, the Oregon Department of Administrative
Services shall present the application to the State Treasurer
with a request to finance the project with financing agreements.
Upon approval of the request by the State Treasurer, the project
may be financed with financing agreements, and certificates of
participation issued pursuant to those financing agreements, as
provided in ORS 283.085 to 283.092. All decisions approving or
denying applications and requests for financing under this
section are final and are not subject to judicial review.
(2) Notwithstanding ORS 283.085, financing agreements under
this section may include a lease purchase agreement, an
installment sale agreement, a loan agreement or any other
agreement to finance a project described in section 7 of this
2003 Act or to refinance a previously executed financing
agreement for the financing of a state court facility. The state
is not required to own or operate a state court facility in order
to finance the facility under ORS 283.085 to 283.092 and this
section. The state, a county or a group of counties may enter
into any agreements, including, but not limited to, leases and
subleases, that are reasonably necessary or generally accepted by
the financial community for purposes of acquiring or securing
financing as authorized by this section. + }
SECTION 10. { + (1) After approval of an application under
section 8 of this 2003 Act but before soliciting bids or
proposals for the construction of a project, the Oregon
Department of Administrative Services shall enter into a written
agreement that establishes the procedures, and the parties
responsible, for the awarding of contracts and the administration
of the approved project. If the parties are unable to agree on
the terms of the written agreement, the Governor shall decide the
terms of the agreement. The Governor's decision is final and not
subject to judicial review.
(2) After approval of an application under section 8 of this
2003 Act, the project must be administered as provided in the
agreement required by subsection (1) of this section. The
agreement must require at a minimum that the county or counties
administering the project submit to the department any change
order or alteration of the design of the project that, singly or
in the aggregate, materially changes the services or functions of
the project. The change order or alteration is not effective
until approved by the department. In reviewing the change order
or alteration, the department shall consider whether the
implementation of the change order or alteration is agreed to by
the State Court Administrator or will have any material adverse
impact on the parties to any financing agreements or the holders
of any certificates of participation issued under section 9 of
this 2003 Act. In making its decision, the department may rely on
the opinions of the Department of Justice, bond counsel or
professional financial advisers. + }
SECTION 11. { + (1) Notwithstanding any other provision of
state law, county charter or ordinance, a county may convey or
lease to the State of Oregon, acting by and through the Oregon
Department of Administrative Services, title to interests in, or
a lease of, any real property, facilities or personal property
owned by the county for the purpose of financing the
construction, acquisition, expansion or remodeling of a state
court facility. Upon the payment of all principal and interest
on, or upon any other satisfaction of, the financing agreement
used to finance the construction, acquisition, expansion or
remodeling of a state court facility, the state shall reconvey
its interest in, or terminate and surrender its leasehold of, the
property or facilities, including the financed construction,
acquisition, expansion or remodeling, to the county. In addition
to any authority granted by ORS 283.089, for the purposes of
obtaining financing, the state may enter into agreements under
which the state may grant to trustees or lenders leases,
subleases and other security interests in county property
conveyed or leased to the state under this subsection and in the
property or facilities financed by financing agreements.
(2) As required by ORS 283.091, the Oregon Department of
Administrative Services shall include in the Governor's budget
request to the Legislative Assembly all amounts that will be due
in each fiscal period under financing agreements for state court
facilities. Amounts payable by the state under a financing
agreement for the construction, acquisition, expansion or
remodeling of a state court facility are limited to available
funds as defined in ORS 283.085, and no lender, trustee,
certificate holder or county has any claim or recourse against
any funds of the state other than available funds.
(3) The Director of the Oregon Department of Administrative
Services may adopt all rules necessary for the administration of
this section and sections 6, 7, 8, 9 and 10 of this 2003 Act. + }
SECTION 12. { + The State Court Administrator may expend such
moneys that are available in the State Court Administrator Court
Facilities Account established under section 13 of this 2003 Act
for the purpose of improving state court facilities. All
decisions on expenditures under this section are solely within
the discretion of the State Court Administrator. Moneys may be
expended under this section for construction, acquisition,
expansion or remodeling of state court facilities or for such
other maintenance or repair of state court facilities deemed
necessary by the State Court Administrator. + }
SECTION 13. { + (1) The State Court Administrator Court
Facilities Account is established in the General Fund. The
account shall consist of the moneys deposited in the account
under ORS 137.300.
(2) Moneys deposited in the account are continuously
appropriated to the State Court Administrator and may be used
only for the purpose of improving state court facilities as
provided in section 12 of this 2003 Act. + }
SECTION 14. { + Notwithstanding section 1 of this 2003 Act, of
the members first appointed to the State Court Facilities Task
Force:
(1) The members appointed by the President of the Senate and
the Speaker of the House of Representatives shall serve terms
ending on January 31, 2005.
(2) The members appointed by the Association of Oregon Counties
shall serve terms ending on January 31, 2006.
(3) The members appointed by the Board of Governors of the
Oregon State Bar shall serve terms ending on January 31,
2007. + }
SECTION 15. { + (1) In adopting rules establishing minimum
standards for suitable and sufficient state court facilities
under section 6 of this 2003 Act, the Oregon Department of
Administrative Services shall consider the recommendations made
by the State Court Facilities Task Force under section 2 of this
2003 Act. + }
{ + (2) In making grants under section 7 of this 2003 Act,
the Oregon Department of Administrative Services shall consider
the recommendations made by the State Court Facilities Task Force
under section 2 of this 2003 Act. + }
SECTION 16. ORS 137.290 is amended to read:
137.290. (1) In all cases of conviction for the commission of a
crime or violation, excluding parking violations, the trial
court, whether a circuit, justice or municipal court, shall
impose upon the defendant, in addition to any other monetary
obligation imposed, a unitary assessment under this section. The
unitary assessment shall also be imposed by the circuit court and
county court in juvenile cases under ORS 419C.005 (1). The
unitary assessment is a penal obligation in the nature of a fine
and shall be in an amount as follows:
(a) { - $105 - } { + $107 + } in the case of a felony.
(b) { - $65 - } { + $67 + } in the case of a misdemeanor.
(c) { - $95 - } { + $97 + } in the case of a conviction for
driving under the influence of intoxicants.
(d) { - $35 - } { + $37 + } in the case of a violation as
described in ORS 153.008.
(2) The unitary assessment shall include, in addition to the
amount in subsection (1) of this section:
(a) $40 if the defendant was driving a vehicle that requires a
commercial driver license to operate and the conviction was for
violating:
(A) ORS 811.100 by driving at a speed at least 10 miles per
hour greater than is reasonable and prudent under the
circumstances; or
(B) ORS 811.115 by driving at least 65 miles per hour; and
(b) $500 if the crime of conviction is a crime found in ORS
chapter 163.
(3) Subject to subsection (4) of this section, the court in any
case may waive payment of the unitary assessment, in whole or in
part, if, upon consideration, the court finds that payment of the
assessment or portion thereof would impose upon the defendant a
total monetary obligation inconsistent with justice in the case.
In making its determination under this subsection, the court
shall consider:
(a) The financial resources of the defendant and the burden
that payment of the unitary assessment will impose, with due
regard to the other obligations of the defendant; and
(b) The extent to which such burden can be alleviated by
allowing the defendant to pay the monetary obligations imposed by
the court on an installment basis or on other conditions to be
fixed by the court.
(4) If a defendant is convicted of an offense, the court may
waive all or part of the unitary assessment required under
subsections (1) and (2)(a) of this section only if the court
imposes no fine on the defendant.
SECTION 17. ORS 137.300 is amended to read:
137.300. (1) The Criminal Fine and Assessment Account is
established in the General Fund of the State Treasury. All moneys
in the account are appropriated continuously to be distributed by
the Department of Revenue as provided in subsection (2) of this
section. The Department of Revenue shall keep a record of moneys
transferred into and out of the account. The Department of
Revenue shall report monthly to the Attorney General the amount
of moneys received from the state courts in each county and from
each city court.
(2) For biennia beginning on and after July 1, 2003, the
Department of Revenue shall distribute moneys in the account
{ - to the General Fund to be used for general governmental
expenses and to the Criminal Fine and Assessment Public Safety
Fund established in ORS 137.302 - } { + , + } according to
allocations made by the Legislative Assembly and as necessary
under ORS 137.302 (5) { + , to:
(a) The General Fund, to be used for general governmental
expenses;
(b) The Criminal Fine and Assessment Public Safety Fund
established in ORS 137.302;
(c) The State Court Facilities Task Force Account established
in section 4 of this 2003 Act; and
(d) The State Court Administrator Court Facilities Account
established in section 13 of this 2003 Act + }.
(3) The Department of Revenue shall establish by rule a process
for distributing available moneys in the Criminal Fine and
Assessment Account.
(4) The Department of Justice shall report monthly to the
Department of Revenue the amount of moneys ordered to be applied
to child support under ORS 135.280.
SECTION 18. ORS 137.300, as amended by section 17 of this 2003
Act, is amended to read:
137.300. (1) The Criminal Fine and Assessment Account is
established in the General Fund of the State Treasury. All moneys
in the account are appropriated continuously to be distributed by
the Department of Revenue as provided in subsection (2) of this
section. The Department of Revenue shall keep a record of moneys
transferred into and out of the account. The Department of
Revenue shall report monthly to the Attorney General the amount
of moneys received from the state courts in each county and from
each city court.
(2) For biennia beginning on and after July 1, 2003, the
Department of Revenue shall distribute moneys in the account,
according to allocations made by the Legislative Assembly and as
necessary under ORS 137.302 (5), to:
(a) The General Fund, to be used for general governmental
expenses;
(b) The Criminal Fine and Assessment Public Safety Fund
established in ORS 137.302; { + and + }
{ - (c) The State Court Facilities Task Force Account
established in section 4 of this 2003 Act; and - }
{ - (d) - } { + (c) + } The State Court Administrator Court
Facilities Account established in section 13 of this 2003 Act.
(3) The Department of Revenue shall establish by rule a process
for distributing available moneys in the Criminal Fine and
Assessment Account.
(4) The Department of Justice shall report monthly to the
Department of Revenue the amount of moneys ordered to be applied
to child support under ORS 135.280.
SECTION 19. Section 1b, chapter 829, Oregon Laws 2001, is
amended to read:
Sec. 1b. Notwithstanding ORS 137.300, for the biennium
beginning on July 1, { - 2001 - } { + 2003 + }, the
Department of Revenue shall distribute:
(1) { - 70.35 - } ___ percent of the moneys in the Criminal
Fine and Assessment Account, reduced by the amount reported by
the Department of Justice to the Department of Revenue under ORS
137.300 (4), to the General Fund to be used for general
governmental expenses; { - and - }
(2) { - 29.65 - } { + ___ + } percent of the moneys in the
account to the Criminal Fine and Assessment Public Safety Fund
established in
{ - section 2, chapter 829, Oregon Laws 2001 - } { + ORS
137.302; + } { +
(3) ___ percent of the moneys in the account to the State Court
Facilities Task Force Account established in section 4 of this
2003 Act; and
(4) ___ percent of the moneys in the account to the State Court
Administrator Court Facilities Account established in section 13
of this 2003 Act + }.
SECTION 20. { + Sections 5, 6, 7, 8, 9, 10 and 11 of this 2003
Act become operative on July 1, 2005. + }
SECTION 21. { + (1) The amendments to ORS 137.290 and 137.300
and section 1b, chapter 829, Oregon Laws 2001, by sections 16, 17
and 19 of this 2003 Act become operative October 1, 2003.
(2) The amendments to ORS 137.300 by section 18 of this 2003
Act become operative January 1, 2008. + }
SECTION 22. { + The amendments to ORS 137.290 by section 16 of
this 2003 Act apply only to offenses committed on or after
October 1, 2003. + }
SECTION 23. { + Sections 1 to 4, 14 and 15 of this 2003 Act
are repealed on January 1, 2008. + }
SECTION 24. { + 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 on
its passage. + }
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