Bill Text: OR HB5006 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the financial administration of the Criminal Fine Account; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2013-07-19 - Chapter 628, (2013 Laws): Effective date July 19, 2013. [HB5006 Detail]
Download: Oregon-2013-HB5006-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 5006
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Oregon Department of Administrative
Services)
CHAPTER ................
AN ACT
Relating to the financial administration of the Criminal Fine
Account; creating new provisions; amending ORS 137.300; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Notwithstanding ORS 137.300, for the biennium
beginning July 1, 2013, the Department of Revenue shall
distribute the moneys in the Criminal Fine Account established by
ORS 137.300 as specified in sections 2 to 7 of this 2013 Act. + }
SECTION 2. { + There are allocated to the Department of Public
Safety Standards and Training for the biennium beginning July 1,
2013, from the Criminal Fine Account, the following amounts for
the following purposes: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1)Criminal justice training
and standards operations$24,410,000
(2) Public Safety Memorial Fund$110,000 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 3. { + There are allocated to the Department of
Justice for the biennium beginning July 1, 2013, from the
Criminal Fine Account the following amounts, for the following
purposes: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1)Child Abuse Multidisciplinary
Intervention Account.$9,982,089
(2) Creation and operation of a
statewide system of regional
Enrolled House Bill 5006 (HB 5006-B) Page 1
assessment centers as
provided under ORS 418.746
to 418.796...........$764,721
(3) Criminal Injuries
Compensation Account.$8,520,223
(4) Services to children eligible
for compensation under
ORS 147.390 and costs to
administer provision of
these services.......$646,707 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 4. { + There are allocated to the Department of Human
Services for the biennium beginning July 1, 2013, from the
Criminal Fine Account the following amounts, for the following
purposes: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1)Domestic Violence Fund
for the purpose of
ORS 409.292 (1)(a) to (c)$2,224,675
(2) Sexual Assault Victims Fund$533,332 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 5. { + There is allocated to the Oregon Health
Authority for the biennium beginning July 1, 2013, from the
Criminal Fine Account the amount of $331,824 for the Emergency
Medical Services and Trauma Systems Program created under ORS
431.623. + }
SECTION 6. { + There is allocated to the State Court
Facilities and Security Account established under ORS 1.178 for
the biennium beginning July 1, 2013, from the Criminal Fine
Account the amount of $9,374,580. + }
SECTION 7. { + (1) There is allocated to the Oregon Health
Authority for the biennium beginning July 1, 2013, from the
Criminal Fine Account the amount of $42,884 for the purpose of
grants under ORS 430.345 for the establishment, operation and
maintenance of alcohol and drug abuse prevention, early
intervention and treatment services provided through a county.
(2) There is allocated to the Law Enforcement Medical Liability
Account established under ORS 414.815 for the biennium beginning
July 1, 2013, from the Criminal Fine Account the amount of
$1,300,000.
(3) There is allocated to the Oregon State Police for the
biennium beginning July 1, 2013, from the Criminal Fine Account
the amount of $253,000 for the purpose of the enforcement of the
laws relating to driving under the influence of intoxicants.
(4) There is allocated to the Department of Corrections for the
biennium beginning July 1, 2013, from the Criminal Fine Account
the amount of $4,257,421 for the purpose of planning, operating
and maintaining county juvenile and adult corrections programs
and facilities and drug and alcohol programs. The grant to each
county shall be based on amounts deposited in the Criminal Fine
Enrolled House Bill 5006 (HB 5006-B) Page 2
and Assessment Account by the circuit court for the county in the
2009-2011 biennium.
(5) There is allocated to the Arrest and Return Account
established under ORS 133.865 for the biennium beginning July 1,
2013, from the Criminal Fine Account the amount of $22,500.
(6) There is allocated to the Intoxicated Driver Program Fund
created under ORS 813.270 for the biennium beginning July 1,
2013, from the Criminal Fine Account the amount of
$4,323,000. + }
SECTION 8. { + After distributing the amounts specified in
sections 2 to 7 of this 2013 Act, the Department of Revenue shall
distribute funds remaining in the Criminal Fine Account to the
General Fund. + }
SECTION 9. ORS 137.300, as amended by section 14, chapter 89,
Oregon Laws 2012, and section 2, chapter 40, Oregon Laws 2013
(Enrolled House Bill 2837), is amended to read:
137.300. (1) The Criminal Fine Account is established in the
General Fund. Except as otherwise provided by law, all amounts
collected in state courts as monetary obligations in criminal
actions shall be deposited by the courts in the account. All
moneys in the account are continuously appropriated to the
Department of Revenue to be distributed by the Department of
Revenue as provided in this section. The Department of Revenue
shall keep a record of moneys transferred into and out of the
account.
(2) The Legislative Assembly shall first allocate moneys from
the Criminal Fine Account for the following purposes, in the
following order of priority:
(a) Allocations for public safety standards, training and
facilities.
(b) Allocations for criminal injuries compensation and
assistance to victims of crime and children reasonably suspected
of being victims of crime.
(c) Allocations for the forensic services provided by the
Oregon State Police, including, but not limited to, services of
the State Medical Examiner.
(d) Allocations for the maintenance and operation of the Law
Enforcement Data System.
(3) After making allocations under subsection (2) of this
section, the Legislative Assembly shall allocate moneys from the
Criminal Fine Account for the following purposes:
(a) Allocations to the Law Enforcement Medical Liability
Account established under ORS 414.815.
(b) Allocations to the State Court Facilities and Security
Account established under ORS 1.178.
(c) Allocations to the Department of Corrections for the
purpose of planning, operating and maintaining county juvenile
and adult corrections programs and facilities and drug and
alcohol programs.
(d) Allocations to the Oregon Health Authority for the purpose
of grants under ORS 430.345 for the establishment, operation and
maintenance of alcohol and drug abuse prevention, early
intervention and treatment services provided through a county.
(e) Allocations to the Oregon State Police for the purpose of
the enforcement of the laws relating to driving under the
influence of intoxicants.
(f) Allocations to the Arrest and Return Account established
under ORS 133.865.
(g) Allocations to the Intoxicated Driver Program Fund
established under ORS 813.270.
Enrolled House Bill 5006 (HB 5006-B) Page 3
(4) It is the intent of the Legislative Assembly that
allocations from the Criminal Fine Account under subsection (3)
of this section be consistent with historical funding of the
entities, programs and accounts listed in subsection (3) of this
section from monetary obligations imposed in criminal
proceedings. Amounts that are allocated under subsection (3)(c)
{ - and (d) - } of this section shall be distributed to
counties based on the amounts that were transferred to counties
by circuit { - , justice and municipal - } courts during the
2009-2011 biennium under the provisions of ORS 137.308, as in
effect January 1, 2011.
(5) Moneys in the Criminal Fine Account may not be allocated
for the payment of debt service obligations.
(6) The Department of Revenue shall deposit in the General Fund
all moneys remaining in the Criminal Fine Account after the
distributions listed in subsections (2) and (3) of this section
have been made.
(7) The Department of Revenue shall establish by rule a process
for distributing moneys in the Criminal Fine Account. The
department may not distribute more than one-eighth of the total
biennial allocation to an entity during a calendar quarter.
SECTION 10. { + If House Bill 2562 becomes law, section 9 of
this 2013 Act (amending ORS 137.300) is repealed and ORS 137.300,
as amended by section 14, chapter 89, Oregon Laws 2012, section
2, chapter 40, Oregon Laws 2013 (Enrolled House Bill 2837), and
section 27, chapter ___, Oregon Laws 2013 (Enrolled House Bill
2562), is amended to read: + }
137.300. (1) The Criminal Fine Account is established in the
General Fund. Except as otherwise provided by law, all amounts
collected in state courts as monetary obligations in criminal
actions shall be deposited by the courts in the account. All
moneys in the account are continuously appropriated to the
Department of Revenue to be distributed by the Department of
Revenue as provided in this section. The Department of Revenue
shall keep a record of moneys transferred into and out of the
account.
(2) The Legislative Assembly shall first allocate moneys from
the Criminal Fine Account for the following purposes, in the
following order of priority:
(a) Allocations for public safety standards, training and
facilities.
(b) Allocations for criminal injuries compensation and
assistance to victims of crime and children reasonably suspected
of being victims of crime.
(c) Allocations for the forensic services provided by the
Oregon State Police, including, but not limited to, services of
the State Medical Examiner.
(d) Allocations for the maintenance and operation of the Law
Enforcement Data System.
(3) After making allocations under subsection (2) of this
section, the Legislative Assembly shall allocate moneys from the
Criminal Fine Account for the following purposes:
(a) Allocations to the Law Enforcement Medical Liability
Account established under ORS 414.815.
(b) Allocations to the State Court Facilities and Security
Account established under ORS 1.178.
(c) Allocations to the Department of Corrections for the
purpose of planning, operating and maintaining county juvenile
and adult corrections programs and facilities and drug and
alcohol programs.
Enrolled House Bill 5006 (HB 5006-B) Page 4
(d) Allocations to the Oregon Health Authority for the purpose
of grants under ORS 430.345 for the establishment, operation and
maintenance of alcohol and drug abuse prevention, early
intervention and treatment services provided through a county.
(e) Allocations to the Oregon State Police for the purpose of
the enforcement of the laws relating to driving under the
influence of intoxicants.
(f) Allocations to the Arrest and Return Account established
under ORS 133.865.
(g) Allocations to the Intoxicated Driver Program Fund
established under ORS 813.270.
(4) It is the intent of the Legislative Assembly that
allocations from the Criminal Fine Account under subsection (3)
of this section be consistent with historical funding of the
entities, programs and accounts listed in subsection (3) of this
section from monetary obligations imposed in criminal
proceedings. Amounts that are allocated under subsection
{ - (3)(d) - } { + (3)(c) + } of this section shall be
distributed to counties based on the amounts that were
transferred to counties by circuit { - , justice and
municipal - } courts during the 2009-2011 biennium under the
provisions of ORS 137.308, as in effect January 1, 2011.
(5) Moneys in the Criminal Fine Account may not be allocated
for the payment of debt service obligations.
(6) The Department of Revenue shall deposit in the General Fund
all moneys remaining in the Criminal Fine Account after the
distributions listed in subsections (2) and (3) of this section
have been made.
(7) The Department of Revenue shall establish by rule a process
for distributing moneys in the Criminal Fine Account. The
department may not distribute more than one-eighth of the total
biennial allocation to an entity during a calendar quarter.
SECTION 11. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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Passed by House July 6, 2013
Repassed by House July 8, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate July 8, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 5006 (HB 5006-B) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 5006 (HB 5006-B) Page 6
