Bill Text: OR HB3487 | 2011 | Regular Session | Enrolled
Bill Title: Relating to state agency fees; and declaring an emergency. [Track Bill]
Status: 2011-08-02 - Chapter 688, (2011 Laws): Effective date August 2, 2011. [HB3487 Detail]
Download: Oregon-2011-HB3487-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3487
Sponsored by Representative WHISNANT; Representatives BREWER,
CONGER, THOMPSON, Senator JOHNSON
CHAPTER ................
AN ACT
Relating to state agency fees; amending ORS 291.050 and 291.055;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 291.055 is amended to read:
291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees or fee increases adopted { - after July 1 of any
odd-numbered year - } { + during the period beginning on the
date of adjournment sine die of a regular session of the
Legislative Assembly and ending on the date of adjournment sine
die of the next regular session of the Legislative Assembly + }:
(a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
(b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
(c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on { - July 1 of the next following
odd-numbered year, or on adjournment sine die of the regular
session of the Legislative Assembly meeting in that year,
whichever is later - } { + adjournment sine die of the next
regular session of the Legislative Assembly as described in this
subsection + }, unless otherwise authorized by enabling
legislation setting forth the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the State Board of Higher
Education and state institutions of higher education.
(b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
(c) Fees or payments required for:
Enrolled House Bill 3487 (HB 3487-A) Page 1
(A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the Oregon medical
assistance program.
(D) Assessments paid to the Department of Consumer and Business
Services under ORS 743.951 and 743.961.
(d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and are based on actual cost of
services provided.
(e) State agency charges on employees for benefits and
services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
(h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
(i) Any charges established by the State Parks and Recreation
Director in accordance with ORS 565.080 (3).
(j) Assessments on premiums charged by { - the Insurance
Division of - } the Department of Consumer and Business Services
pursuant to ORS 731.804 or fees charged by the Division of
Finance and Corporate Securities of the Department of Consumer
and Business Services to banks, trusts and credit unions pursuant
to ORS 706.530 and 723.114.
(k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
(m) New or increased fees that are anticipated in the
legislative budgeting process for an agency, revenues from which
are included, explicitly or implicitly, in the legislatively
adopted budget { + or the legislatively approved budget + } for
the agency.
(n) Tolls approved by the Oregon Transportation Commission
pursuant to ORS 383.004.
(o) Convenience fees as defined in ORS 182.126 and established
by the Oregon Department of Administrative Services under ORS
182.132 (3) and recommended by the Electronic Government Portal
Advisory Board.
(3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be increased to not more than their prior
level without compliance with subsection (1) of this section if,
at the time the fee is decreased, the state agency specifies the
following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee will be increased to not
more than its prior level.
(b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
SECTION 2. ORS 291.050 is amended to read:
Enrolled House Bill 3487 (HB 3487-A) Page 2
291.050. As used in ORS 291.050 to 291.060:
(1) 'Fee' means an amount imposed and collected by a state
agency to defray or recover the costs of administering the law
involved in providing a service to the public and used by the
state agency to carry out or enforce a law under its
jurisdiction. ' Fee' does not include:
(a) Fines, civil penalties or court judgments.
(b) Proceeds from the sale of products or charges for rents,
leases or other real estate transactions.
(c) Interest and other charges for bonding and loan
transactions.
(d) Charges levied by one state agency on another state agency.
(e) Copying charges for public records as defined in ORS
192.410.
(f) Charges for attendance at informational seminars.
{ + (2) 'Legislatively adopted budget' has the meaning given
that term in ORS 291.002.
(3) 'Legislatively approved budget' has the meaning given that
term in ORS 291.002. + }
{ - (2) - } { + (4) + } 'Products' means goods and
publications purchased voluntarily that have a commercial value.
'Products' does not include licenses or permits issued by state
agencies.
{ - (3) - } { + (5) + } 'State agency' means every state
officer, board, commission, department, institution, branch or
agency of the state government that is subject to the provisions
of ORS 291.201 to 291.222 and 291.232 to 291.260. 'State agency'
includes the Legislative Assembly, including legislative
committees and service agencies, the Secretary of State, the
State Treasurer and the Judicial Department. 'State agency' does
not include a commodity commission established under ORS 576.051
to 576.455 or the Oregon Beef Council created under ORS 577.210.
SECTION 3. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by House June 22, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 24, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3487 (HB 3487-A) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3487 (HB 3487-A) Page 4
