Bill Text: OR HB3696 | 2010 | 1st Special Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to public financial administration; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2010-04-01 - Chapter 107, (2010 Laws): Effective date April 1, 2010. [HB3696 Detail]

Download: Oregon-2010-HB3696-Introduced.html

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     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 225

                         House Bill 3696

Sponsored by JOINT COMMITTEE ON WAYS AND MEANS

                             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.

  Authorizes interim Joint Committee on Ways and Means to review
changes in state agency salary plans during interim.
  Modifies periods for which semi-independent state agencies must
report certain information to Governor and Legislative Assembly.
  Directs Oregon Department of Administrative Services to use
moneys in Oregon Judicial Facilities Fund for purpose of
financing construction and maintenance of county court
facilities.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public financial administration; creating new
  provisions; amending ORS 182.472 and 291.371 and section 7,
  chapter 218, Oregon Laws 2007, and sections 24 and 25, chapter
  906, Oregon Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 291.371 is amended to read:
  291.371. (1) As used in this section, 'legislative review
agency' means the Joint Committee on Ways and Means during the
period when the Legislative Assembly is in session and the
Emergency Board  { + or the interim Joint Committee on Ways and
Means + } during the interim period between sessions.
  (2) Prior to making any changes in a salary plan, the Oregon
Department of Administrative Services shall submit the proposed
changes to the legislative review agency.
  (3)(a) The Oregon Department of Administrative Services may
approve the reallocation of positions or the establishment of new
positions not specifically provided for in the budget of the
affected agency if it finds that the proposed change:
  (A) Can be financed by the agency within the limits of its
biennial budget and legislatively approved program;
  (B) Will not produce future budgetary increases; and
  (C) Conforms to legislatively approved salary policies.
  (b) Proposed changes not meeting the requirements of paragraph
(a) of this subsection shall be presented to the legislative
review agency.
  (4) Agencies within the Department of Human Services, the
Oregon Health Authority and the Department of Corrections shall
report on a biennial basis to the legislative review agency. Each
report shall include the number of vacant budgeted positions,
including all job categories and classifications, within the
agency. The legislative review agency shall order the reporting
agency to show cause why the budgeted positions have not been
filled and shall assess fully the impact the vacancies have on:
  (a) The agency's delivery of services, accounting for any
seasonal fluctuation in the need for those services;
  (b) The agency's budget due to increased use of overtime;
  (c) The agency's use of temporary employees; and
  (d) Employee workload.
  (5) It is declared to be the policy of this state that the
total personal services, budget and full-time equivalent
positions approved for any state agency shall be the maximum
amount necessary to meet the requirements of the agency for the
biennium.  Notwithstanding ORS 291.232 to 291.260, the Governor
and the Oregon Department of Administrative Services may transfer
vacant position authority among and within state agencies to
achieve maximum utilization of authorized positions within
agencies.
  SECTION 2. ORS 182.472 is amended to read:
  182.472. Not later than   { - January 1 - }   { + April 1 + }
of each even-numbered year, each board subject to ORS 182.456 to
182.472 shall submit a report to the Governor, the President of
the Senate, the Speaker of the House of Representatives and the
Legislative Fiscal Officer. The Legislative Fiscal Officer shall
review the reports and shall prepare and submit a statement of
findings and conclusions to the Joint Legislative Audit Committee
 { +  and the Joint Committee on Ways and Means + }. The report
must include the following:
  (1) A copy of the most recent audit or financial review of the
board.
  (2) A copy of the actual budget for the prior biennium and a
copy of the board's adopted budget for the biennium in which the
report is made. The budget documents must show:
  (a) The beginning balance and ending balance for each of the
two biennia;
  (b) A description of material changes between the two biennia;
  (c) A description of the public hearing process used to
establish the budget adopted for the current biennium; and
  (d) A description of current fees and proposed changes to fees,
along with information supporting the amounts of the current fees
and any proposed changes to the fees.
  (3) A description of all temporary and permanent rules adopted
by the board   { - since the last report was submitted - }  { +
during the prior biennium + }.
  (4) A description of board actions promoting consumer
protection that were taken   { - since the last report was
submitted - }  { +  during the prior biennium + }.
  (5) If the board issues licenses, a description of the board's
licensing activities performed   { - since the last report - }
 { + during the prior biennium + } that is adequate to allow
evaluation of the board's performance of its licensing
responsibilities, including:
  (a) The number of license applications;
  (b) The number of licenses issued;
  (c) The number of examinations conducted;
  (d) The average time between application for and issuance of
licenses;
  (e) The number and types of complaints received about persons
holding licenses;
  (f) The number and types of investigations conducted;
  (g) The number and types of resolutions of complaints;
  (h) The number and type of sanctions imposed; and
  (i) The number of days between beginning an investigation and
reaching a resolution.
  (6) A description of all other actions taken   { - since the
last report - }   { + during the prior biennium + } in the

performance of the board's statutory responsibilities that is
adequate to allow evaluation of the board's performance.
  SECTION 3.  { + The amendments to ORS 182.472 by section 2 of
this 2010 Act apply to reports, audits and financial reviews
required to be submitted on or after the effective date of this
2010 Act. + }
  SECTION 4. Section 7, chapter 218, Oregon Laws 2007, is amended
to read:
   { +  Sec. 7. + } (1) The amendments to ORS 182.464 and 182.472
by sections 1 and 2   { - of this 2007 Act - }  { + , chapter
218, Oregon Laws 2007, + } apply to financial review schedules
for financial reviews to be included in reports to be submitted
to the Governor and the Legislative Assembly   { - not later than
the date on which the Seventy-fifth Legislative Assembly
convenes - }  { +  on or after January 12, 2009 + }.
  (2) The amendments to ORS 297.210 by section 3   { - of this
2007 Act - }  { + , + }  { + chapter 218, Oregon Laws 2007, + }
apply to audits or reviews required to be made of an institution
or department of state government when the executive head of the
institution or department retires on or after   { - the effective
date of this 2007 Act - }  { +  May 30, 2007 + }.
  (3) The amendments to ORS 406.085 by section 4   { - of this
2007 Act - }  { + , chapter 218, Oregon Laws 2007, + } apply to
disbursements made from the Conservatorship Revolving Account on
or after   { - the effective date of this 2007 Act - }  { +  May
30, 2007 + }.
  (4) The repeal of ORS 206.320 by section 6   { - of this 2007
Act - }  { + , chapter 218, Oregon Laws 2007, + } applies to
services performed by a sheriff on behalf of the state on or
after   { - the effective date of this 2007 Act - }  { +  May 30,
2007 + }.
  SECTION 5. Section 24, chapter 906, Oregon Laws 2009, is
amended to read:
   { +  Sec. 24. + } (1) The Legislative Assembly finds that:
  (a) The Oregon judicial system is an essential component of the
public safety system that fosters an orderly and stable
environment in which business can develop and thrive.
  (b) Construction and maintenance of  { + county + } court
facilities is necessary so that the judicial system can continue
to function effectively.
  (c) The factors described in paragraphs (a) and (b) of this
subsection will create construction jobs and encourage and
promote economic development through the maintenance of an
orderly and stable business environment, and the issuance of
lottery bonds for the purpose described in subsection (3) of this
section is therefore an appropriate use of state lottery funds
under section 4, Article XV of the Oregon Constitution, and ORS
461.510.
  (2) For the biennium beginning July 1, 2009, at the request of
the Oregon Department of Administrative Services, after
consultation with the Judicial Department, the State Treasurer is
authorized to issue lottery bonds pursuant to ORS 286A.560 to
286A.585 in an amount not to exceed net proceeds of $11,271,656
for the purpose described in subsection (3) of this section, plus
an additional amount, to be estimated by the State Treasurer, for
payment of bond-related costs.
  (3) Net proceeds of bonds issued pursuant to this section shall
be deposited in the Oregon Judicial Facilities Fund to finance
construction and maintenance of  { + county + } court facilities.
  (4) Bond-related costs for the lottery bonds authorized by this
section must be paid from the gross proceeds of the lottery bonds
and from allocations for the purposes of ORS 286A.576 (1)(c).
  SECTION 6. Section 25, chapter 906, Oregon Laws 2009, is
amended to read:
   { +  Sec. 25. + } The Oregon Judicial Facilities Fund is
established in the State Treasury, separate and distinct from the
General Fund. The Oregon Judicial Facilities Fund shall consist
of moneys deposited in the fund under section 24   { - of this
2009 Act - }  { + , chapter 906, Oregon Laws 2009 + }. The moneys
in the Oregon Judicial Facilities Fund and the interest earnings
on moneys in the fund are continuously appropriated to the Oregon
Department of Administrative Services for   { - disbursement to
Oregon counties to finance - }   { + the purpose of financing + }
construction and maintenance of  { +  county + } court
facilities.
  SECTION 7.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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