Bill Text: OR HB2237 | 2011 | Regular Session | Enrolled
Bill Title: Relating to the Public Guardian and Conservator Task Force; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-28 - Chapter 525, (2011 Laws): Effective date June 28, 2011. [HB2237 Detail]
Download: Oregon-2011-HB2237-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2237
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Human Services for Public Guardian and Conservator Task Force)
CHAPTER ................
AN ACT
Relating to the Public Guardian and Conservator Task Force; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) It is the intent of the Legislative
Assembly to recreate the Public Guardian and Conservator Task
Force, first established on June 17, 2009, by section 1, chapter
321, Oregon Laws 2009, and repealed on January 10, 2011, so that
the task force may complete its work as set forth in section 1,
chapter 321, Oregon Laws 2009.
(2) The Public Guardian and Conservator Task Force shall
consist of not fewer than 11 members appointed as follows:
(a) The President of the Senate shall appoint one member from
among members of the Senate, who shall cease being a member of
the task force upon ceasing to be a member of the Legislative
Assembly.
(b) The Speaker of the House of Representatives shall appoint
one member from among members of the House of Representatives,
who shall cease being a member of the task force upon ceasing to
be a member of the Legislative Assembly.
(c) The Chief Justice of the Supreme Court shall appoint one
member.
(d) The Board of Governors of the Oregon State Bar shall
appoint one member.
(e) The Governor shall appoint seven members as follows:
(A) Two from the Department of Human Services, one of whom has
expertise in adult protective services;
(B) One from Disability Rights Oregon or a similar advocacy
organization;
(C) One from the Governor's Commission on Senior Services;
(D) One from the Oregon Disabilities Commission;
(E) One designated by the Long Term Care Ombudsman; and
(F) One from an established type A or type B Area Agency on
Aging within a planning and service area designated under section
305 of the federal Older Americans Act.
(f) The Governor shall appoint such other members as the task
force deems necessary.
(3) The task force shall have its first meeting on or before
the later of 90 days after adjournment sine die of the 2011
session of the Seventy-sixth Legislative Assembly or September
30, 2011.
Enrolled House Bill 2237 (HB 2237-INTRO) Page 1
(4) A member may not serve or be employed as a provider of
public guardian or conservator services during the member's term
of appointment.
(5) The task force shall study and make recommendations on:
(a) The need for public guardian and conservator services in
this state. In developing its recommendations, the task force
shall consider providing services only to those who cannot afford
them or to those whom the private sector does not serve.
(b) Options and models of public guardian and conservator
programs. In developing its recommendations, the task force shall
consider the most cost-effective approaches to delivering quality
public guardian and conservator services in this state.
(c) The need for, efficacy of, duration of, resources required
to establish and evaluation procedures for interim pilot
programs.
(d) Oregon's public guardian and conservator laws in ORS
125.700 to 125.730 and the need for legislative changes.
(e) The establishment of a permanent commission with authority
to allocate funds to projects, make legislative recommendations
on improvements and perform such other functions as may be
appropriate.
(f) The development of model standards of practice for a public
guardian and conservator program, including standards of
eligibility, standards for program operations and standards of
professional conduct.
(g) Alternative funding sources, public or private, to aid in
financing public guardian and conservator programs and projects.
(6) The task force shall prepare a detailed assessment of the
costs to implement the task force's recommendations. The
assessment must address both current and future needs in
providing recommended public guardian and conservator services.
Each agency or organization with a member on the task force shall
cooperate with the task force in assessing and identifying the
costs of complying with the task force's recommendations.
(7) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(8) Official action by the task force requires the approval of
a majority of the members of the task force.
(9) The task force shall elect one of its members to serve as
chairperson.
(10) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(11) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
(12) The task force may adopt rules necessary for the operation
of the task force.
(13) The task force shall make a report, and may include
recommendations for legislation, to an interim committee of the
Legislative Assembly related to public guardians and conservators
no later than October 1, 2012.
(14) The task force may accept donations of staff support,
office space and equipment from Disability Rights Oregon or
similar advocacy organizations to assist the task force in the
performance of its functions.
(15) Notwithstanding ORS 171.072, members of the task force who
are members of the Legislative Assembly are not entitled to
mileage expenses or a per diem and serve as volunteers on the
task force. Other members of the task force are not entitled to
Enrolled House Bill 2237 (HB 2237-INTRO) Page 2
compensation or reimbursement for expenses and serve as
volunteers on the task force.
(16) All agencies of state government as defined in ORS 174.111
are directed to assist the task force in the performance of its
duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
SECTION 2. { + Section 1 of this 2011 Act is repealed on July
1, 2013. + }
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. + }
----------
Passed by House April 18, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 15, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2237 (HB 2237-INTRO) 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 2237 (HB 2237-INTRO) Page 4
