Bill Text: OR HJR15 | 2011 | Regular Session | Introduced

---

Bill Title: Proposing amendment to Oregon Constitution relating to auditing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HJR15 Detail]

Download: Oregon-2011-HJR15-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular 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 1076

                    House Joint Resolution 15

Sponsored by Representative RICHARDSON (Presession filed.)

                             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.

  Proposes amendment to Oregon Constitution to remove auditing
function from office of Secretary of State and create Oregon
Audits Office. Requires appointment of Director of Oregon Audits
Office to be approved by three-fifths of members serving in each
house of Legislative Assembly. Allows removal of director from
office for misconduct if removal is approved by three-fifths of
members serving in each house of Legislative Assembly.
  Refers proposed amendment to people for their approval or
rejection at next general election.

                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating a new section 11 to be added to and made a part of
Article VI, and by amending section 2, Article VI, and section
41, Article I, such sections to read:
   { +  Sec. 2. + } The Secretary of State shall keep a fair
record of the official acts of the Legislative Assembly, and
Executive Department of the State; and shall when required lay
the same, and all matters relative thereto { + , + } before
either branch of the Legislative Assembly.   { - He - }  { +  The
Secretary of State + } shall   { - be by virtue of his office,
Auditor of public Accounts, and shall - } perform such other
duties as shall be assigned   { - him - }  { +  to the Secretary
of State + } by law.  { -  ? - }
   { +  SECTION 11. + }  { + (1) The Oregon Audits Office is
created. The office shall conduct:
  (a) Financial audits of all public accounts.
  (b) Performance audits of local government and state government
programs, departments, agencies and institutions.
  (c) Special auditing projects as directed by a joint committee
composed of members of both houses of the Legislative Assembly
that has subject matter jurisdiction over audits. The Governor
may submit requests for such auditing projects to the committee.
  (2) Appointment of the Director of the Oregon Audits Office
must be approved by three-fifths of the members serving in each
house of the Legislative Assembly. The Governor shall submit
three to five nominees to a joint committee composed of members
of both houses of the Legislative Assembly that has subject
matter jurisdiction over audits. The joint committee shall then,
by majority vote, forward one of the nominees to both houses of
the Legislative Assembly for approval. The decision of the
Legislative Assembly is final.
  (3) The director shall serve for a four-year term and is
eligible for reappointment.
  (4) Removal of the director from office for reasons of
misconduct must be approved by three-fifths of the members
serving in each house of the Legislative Assembly.
  (5) The Legislative Assembly shall enact laws as may be
necessary to carry out this section. + }
   { +  Sec. 41. + } (1) Whereas the people of the state of
Oregon find and declare that inmates who are confined in
corrections institutions should work as hard as the taxpayers who
provide for their upkeep; and whereas the people also find and
declare that inmates confined within corrections institutions
must be fully engaged in productive activity if they are to
successfully re-enter society with practical skills and a viable
work ethic; now, therefore, the people declare:
  (2) All inmates of state corrections institutions shall be
actively engaged full-time in work or on-the-job training. The
work or on-the-job training programs shall be established and
overseen by the corrections director, who shall ensure that such
programs are cost-effective and are designed to develop inmate
motivation, work capabilities and cooperation. Such programs may
include boot camp prison programs. Education may be provided to
inmates as part of work or on-the-job training so long as each
inmate is engaged at least half-time in hands-on training or work
activity.
  (3) Each inmate shall begin full-time work or on-the-job
training immediately upon admission to a corrections institution,
allowing for a short time for administrative intake and
processing. The specific quantity of hours per day to be spent in
work or on-the-job training shall be determined by the
corrections director, but the overall time spent in work or
training shall be full-time. However, no inmate has a legally
enforceable right to a job or to otherwise participate in work,
on-the-job training or educational programs or to compensation
for work or labor performed while an inmate of any state, county
or city corrections facility or institution. The corrections
director may reduce or exempt participation in work or training
programs by those inmates deemed by corrections officials as
physically or mentally disabled, or as too dangerous to society
to engage in such programs.
  (4) There shall be sufficient work and training programs to
ensure that every eligible inmate is productively involved in one
or more programs. Where an inmate is drug and alcohol addicted so
as to prevent the inmate from effectively participating in work
or training programs, corrections officials shall provide
appropriate drug or alcohol treatment.
  (5) The intent of the people is that taxpayer-supported
institutions and programs shall be free to benefit from inmate
work. Prison work programs shall be designed and carried out so
as to achieve savings in government operations, so as to achieve
a net profit in private sector activities or so as to benefit the
community.
  (6) The provisions of this section are mandatory for all state
corrections institutions. The provisions of this section are
permissive for county or city corrections facilities. No law,
ordinance or charter shall prevent or restrict a county or city
governing body from implementing all or part of the provisions of
this section. Compensation, if any, shall be determined and
established by the governing body of the county or city which
chooses to engage in prison work programs, and the governing body
may choose to adopt any power or exemption allowed in this
section.

  (7) The corrections director shall contact public and private
enterprises in this state and seek proposals to use inmate work.
The corrections director may: (a) install and equip plants in any
state corrections institution, or any other location, for the
employment or training of any of the inmates therein; or (b)
purchase, acquire, install, maintain and operate materials,
machinery and appliances necessary to the conduct and operation
of such plants. The corrections director shall use every effort
to enter into contracts or agreements with private business
concerns or government agencies to accomplish the production or
marketing of products or services produced or performed by
inmates. The corrections director may carry out the director's
powers and duties under this section by delegation to others.
  (8) Compensation, if any, for inmates who engage in prison work
programs shall be determined and established by the corrections
director. Such compensation shall not be subject to existing
public or private sector minimum or prevailing wage laws, except
where required to comply with federal law. Inmate compensation
from enterprises entering into agreements with the state shall be
exempt from unemployment compensation taxes to the extent allowed
under federal law. Inmate injury or disease attributable to any
inmate work shall be covered by a corrections system inmate
injury fund rather than the workers compensation law. Except as
otherwise required by federal law to permit transportation in
interstate commerce of goods, wares or merchandise manufactured,
produced or mined, wholly or in part by inmates or except as
otherwise required by state law, any compensation earned through
prison work programs shall only be used for the following
purposes: (a) reimbursement for all or a portion of the costs of
the inmate's rehabilitation, housing, health care, and living
costs; (b) restitution or compensation to the victims of the
particular inmate's crime; (c) restitution or compensation to the
victims of crime generally through a fund designed for that
purpose; (d) financial support for immediate family of the inmate
outside the corrections institution; and (e) payment of fines,
court costs, and applicable taxes.
  (9) All income generated from prison work programs shall be
kept separate from general fund accounts and shall only be used
for implementing, maintaining and developing prison work
programs.  Prison industry work programs shall be exempt from
statutory competitive bid and purchase requirements. Expenditures
for prison work programs shall be exempt from the legislative
appropriations process to the extent the programs rely on income
sources other than state taxes and fees. Where state taxes or
fees are the source of capital or operating expenditures, the
appropriations shall be made by the legislative assembly. The
state programs shall be run in a businesslike fashion and shall
be subject to regulation by the corrections director.
Expenditures from income generated by state prison work programs
must be approved by the corrections director. Agreements with
private enterprise as to state prison work programs must be
approved by the corrections director. The corrections director
shall make all state records available for public scrutiny and
the records shall be subject to audit by the   { - Secretary of
State - }  { +  Oregon Audits Office + }.
  (10) Prison work products or services shall be available to any
public agency and to any private enterprise of any state, any
nation or any American Indian or Alaskan Native tribe without
restriction imposed by any state or local law, ordinance or
regulation as to competition with other public or private sector
enterprises. The products and services of corrections work
programs shall be provided on such terms as are set by the
corrections director. To the extent determined possible by the
corrections director, the corrections director shall avoid
establishing or expanding for-profit prison work programs that
produce goods or services offered for sale in the private sector
if the establishment or expansion would displace or significantly
reduce preexisting private enterprise. To the extent determined
possible by the corrections director, the corrections director
shall avoid establishing or expanding prison work programs if the
establishment or expansion would displace or significantly reduce
government or nonprofit programs that employ persons with
developmental disabilities. However, the decision to establish,
maintain, expand, reduce or terminate any prison work program
remains in the sole discretion of the corrections director.
  (11) Inmate work shall be used as much as possible to help
operate the corrections institutions themselves, to support other
government operations and to support community charitable
organizations. This work includes, but is not limited to,
institutional food production; maintenance and repair of
buildings, grounds, and equipment; office support services,
including printing; prison clothing production and maintenance;
prison medical services; training other inmates; agricultural and
forestry work, especially in parks and public forest lands; and
environmental clean-up projects. Every state agency shall
cooperate with the corrections director in establishing inmate
work programs.
  (12) As used throughout this section, unless the context
requires otherwise: 'full-time' means the equivalent of at least
forty hours per seven day week, specifically including time spent
by inmates as required by the Department of Corrections, while
the inmate is participating in work or on-the-job training, to
provide for the safety and security of the public, correctional
staff and inmates; 'corrections director' means the person in
charge of the state corrections system.
  (13) This section is self-implementing and supersedes all
existing inconsistent statutes. This section shall become
effective April 1, 1995. If any part of this section or its
application to any person or circumstance is held to be invalid
for any reason, then the remaining parts or applications to any
persons or circumstances shall not be affected but shall remain
in full force and effect.

  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
                         ----------