Chapter 864 Oregon Laws 1999

Session Law

AN ACT

HB 2937

Relating to Asset Forfeiture Oversight Advisory Committee; creating new provisions; and amending ORS 475A.160.

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

SECTION 1. ORS 475A.160 is amended to read:

475A.160. (1) The Asset Forfeiture Oversight Account is established in the State Treasury separate and distinct from the General Fund.

(2) The following moneys shall be deposited into the State Treasury and credited to the Asset Forfeiture Oversight Account:

(a) Moneys received from a state agency or political subdivision under the provisions of ORS 475A.120 and 475A.125; and

(b) Any other moneys appropriated to the Asset Forfeiture Oversight Account.

(3) The State Treasurer may invest and reinvest moneys in the Asset Forfeiture Oversight Account in the manner provided by law. Interest earned by the account shall be credited to the account.

(4) The moneys in the Asset Forfeiture Oversight Account are continuously appropriated to the Oregon Criminal Justice Commission to be used for the purposes specified in ORS 475A.155.

[(5) The Oregon Criminal Justice Commission in each biennium may not expend more than $50,000 of the forfeiture proceeds that are paid into the Asset Forfeiture Oversight Account by political subdivisions under the provisions of ORS 475A.120 (1)(g) and 475A.125 (6). If at the end of a biennium more than $50,000 has been paid into the Asset Forfeiture Oversight Account under the provisions of ORS 475A.120 (1)(g) and 475A.125 (6), the Oregon Criminal Justice Commission shall refund to each state agency or political subdivision that made payment into the fund a pro rata share of the excess amount, based on the amount of forfeiture proceeds paid into the fund by the state agency or political subdivision.]

(5) If at the end of a biennium the Asset Forfeiture Oversight Account has received amounts under the provisions of ORS 475A.120 (1)(g) and 475A.125 (6) that are in excess of 115 percent of the biennial expenditure limitation established for expenditures from the account, the Oregon Criminal Justice Commission shall refund to each state agency or political subdivision that made payment into the account during the biennium a pro rata share of the amounts that are in excess of 115 percent of the expenditure limitation for the account, based on the amount of forfeiture proceeds paid into the account by the state agency or political subdivision. The commission is not required to issue any refund under this subsection if the amount of the refund is less than $25.

SECTION 2. The amendments to ORS 475A.160 by section 1 of this 1999 Act apply only to bienniums commencing on or after July 1, 1999.

Approved by the Governor July 23, 1999

Filed in the office of Secretary of State July 23, 1999

Effective date October 23, 1999

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