Bill Text: OR SB1014 | 2010 | 1st Special Session | Enrolled
Bill Title: Relating to the operation of public bodies with appointed members; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2010-04-08 - Governor vetoed. [SB1014 Detail]
Download: Oregon-2010-SB1014-Enrolled.html
75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session
Enrolled
Senate Bill 1014
Sponsored by Senator COURTNEY, Representative HUNT (Presession
filed.)
CHAPTER ................
AN ACT
Relating to the operation of public bodies with appointed
members; creating new provisions; amending ORS 171.857,
173.315, 173.500, 184.486, 192.549, 192.670, 284.706, 285A.091,
326.021, 409.520, 417.845, 442.830, 468A.220, 507.050, 660.321
and 689.115 and section 8, chapter 802, Oregon Laws 2007,
section 10, chapter 754, Oregon Laws 2009, section 1, chapter
782, Oregon Laws 2009, and section 1, chapter 881, Oregon Laws
2009; repealing ORS 171.865, 171.867 and 541.407; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A state board or commission may meet
through telephone or other electronic means in accordance with
ORS 192.610 to 192.690.
(2)(a) Notwithstanding ORS 292.495, a member of a state board
or commission who attends a meeting through telephone or other
electronic means is not entitled to compensation or reimbursement
for expenses for attending the meeting.
(b) A state board or commission may compensate or reimburse a
member who attends a meeting through telephone or other
electronic means as provided in ORS 292.495 at the discretion of
the board or commission. + }
SECTION 2. ORS 192.670 is amended to read:
192.670. (1) Any meeting, including an executive session, of a
governing body of a public body which is held through the use of
telephone or other electronic communication shall be conducted in
accordance with ORS 192.610 to 192.690.
(2) When telephone or other electronic means of communication
is used and the meeting is not an executive session, the
governing body of the public body shall make available to the
public at least one place where { + , or at least one electronic
means by which, + } the public can listen to the communication at
the time it occurs
{ - by means of speakers or other devices - } . { - The - }
{ + A + } place provided may be a place where no member of the
governing body of the public body is present.
SECTION 3. ORS 442.830 is amended to read:
442.830. (1) There is established the Oregon Patient Safety
Commission Board of Directors consisting of 17 members, including
the Public Health Officer and 16 directors who shall be appointed
by the Governor and who shall be confirmed by the Senate in the
manner prescribed in ORS 171.562 and 171.565.
Enrolled Senate Bill 1014 (SB 1014-B) Page 1
(2) Membership on the board shall reflect the diversity of
facilities, providers, insurers, purchasers and consumers that
are involved in patient safety. Directors shall demonstrate
interest, knowledge or experience in the area of patient safety.
(3) The membership of the board shall be as follows:
(a) The Public Health Officer or the officer's designee;
(b) One faculty member, who is not involved in the direct
delivery of health care, of the Oregon University System or a
private Oregon university;
(c) Two representatives of group purchasers of health care, one
of whom shall be employed by a state or other governmental entity
and neither of whom may provide direct health care services or
have an immediate family member who is involved in the delivery
of health care;
(d) Two representatives of health care consumers, neither of
whom may provide direct health care services or have an immediate
family member who is involved in the delivery of health care;
(e) Two representatives of health insurers, including a
representative of a domestic not-for-profit health care service
contractor, a representative of a domestic insurance company
licensed to transact health insurance or a representative of a
health maintenance organization;
(f) One representative of a statewide or national labor
organization;
(g) Two physicians licensed under ORS chapter 677 who are in
active practice;
(h) Two hospital administrators or their designees;
(i) One pharmacist licensed under ORS chapter 689;
(j) One representative of an ambulatory surgical center or an
outpatient renal dialysis facility;
(k) One nurse licensed under ORS chapter 678 who is in active
clinical practice; and
(L) One nursing home administrator licensed under ORS chapter
678 or one nursing home director of nursing services.
(4) The term of office of each director appointed by the
Governor is four years. Before the expiration of the term of a
director, the Governor shall appoint a successor whose term
begins on { - October 1 - } { + July 2 + } next following. A
director is eligible for reappointment for an additional term. If
there is a vacancy for any cause, the Governor shall make an
appointment to become effective immediately for the unexpired
term. The board shall nominate a slate of candidates whenever a
vacancy occurs or is announced and shall forward the recommended
candidates to the Governor for consideration.
(5) The board shall select one of its members as chairperson
and another as vice chairperson for the terms and with the duties
and powers as the board considers necessary for performance of
the functions of those offices. The board shall adopt bylaws as
necessary for the efficient and effective operation of the
commission.
(6) The Governor may remove any member of the board at any time
at the pleasure of the Governor, but not more than eight
directors shall be removed within a period of four years, unless
it is for corrupt conduct in office. The board may remove a
director as specified in the commission bylaws.
(7) The board may appoint subcommittees and advisory groups as
needed to assist the board, including but not limited to one or
more consumer advisory groups and technical advisory groups. The
technical advisory groups shall include physicians, nurses and
Enrolled Senate Bill 1014 (SB 1014-B) Page 2
other licensed or certified professionals with specialty
knowledge and experience as necessary to assist the board.
(8) No voting member of the board may be an employee of the
commission.
SECTION 4. ORS 192.549 is amended to read:
192.549. (1) The Advisory Committee on Genetic Privacy and
Research is established consisting of 15 members. The President
of the Senate and the Speaker of the House of Representatives
shall each appoint one member and one alternate. The Director of
the Oregon Health Authority shall appoint one representative and
one alternate from each of the following categories:
(a) Academic institutions involved in genetic research;
(b) Physicians licensed under ORS chapter 677;
(c) Voluntary organizations involved in the development of
public policy on issues related to genetic privacy;
(d) Hospitals;
(e) The Department of Consumer and Business Services;
(f) The Oregon Health Authority;
(g) Health care service contractors involved in genetic and
health services research;
(h) The biosciences industry;
(i) The pharmaceutical industry;
(j) Health care consumers;
(k) Organizations advocating for privacy of medical
information;
(L) Public members of institutional review boards; and
(m) Organizations or individuals promoting public education
about genetic research and genetic privacy and public involvement
in policymaking related to genetic research and genetic privacy.
(2) Organizations and individuals representing the categories
listed in subsection (1) of this section may recommend nominees
for membership on the advisory committee to the President, the
Speaker and the director.
(3) Members and alternate members of the advisory committee
serve two-year terms and may be reappointed.
(4) Members and alternate members of the advisory committee
serve at the pleasure of the appointing entity.
{ + (5) Notwithstanding ORS 171.072, members and alternate
members of the advisory committee who are members of the
Legislative Assembly are not entitled to mileage expenses or a
per diem and serve as volunteers on the advisory committee. Other
members and alternate members of the advisory committee are not
entitled to compensation or reimbursement for expenses and serve
as volunteers on the advisory committee. + }
{ - (5) - } { + (6) + } The Oregon Health Authority shall
provide staff for the advisory committee.
{ - (6) - } { + (7) + } The advisory committee shall report
biennially to the Legislative Assembly in the manner provided by
ORS 192.245. The report shall include the activities and the
results of any studies conducted by the advisory committee. The
advisory committee may make any recommendations for legislative
changes deemed necessary by the advisory committee.
{ - (7) - } { + (8) + } The advisory committee shall study
the use and disclosure of genetic information and shall develop
and refine a legal framework that defines the rights of
individuals whose DNA samples and genetic information are
collected, stored, analyzed and disclosed.
{ - (8) - } { + (9) + } The advisory committee shall create
opportunities for public education on the scientific, legal and
ethical development within the fields of genetic privacy and
Enrolled Senate Bill 1014 (SB 1014-B) Page 3
research. The advisory committee shall also elicit public input
on these matters. The advisory committee shall make reasonable
efforts to obtain public input that is representative of the
diversity of opinion on this subject. The advisory committee's
recommendations to the Legislative Assembly shall take into
consideration public concerns and values related to these
matters.
SECTION 5. ORS 285A.091 is amended to read:
285A.091. (1) The Oregon Infrastructure Finance Authority Board
is created as a policy-making and advisory body within the Oregon
Business Development Department. The board consists of nine
members as follows:
(a) One nonvoting member appointed from members of the Senate
by the President of the Senate;
(b) One nonvoting member appointed from members of the House of
Representatives by the Speaker of the House of Representatives;
(c) One member appointed by the State Treasurer; and
(d) Six members appointed by the Governor.
(2) Persons appointed members of the board must be Oregon
residents, well qualified by experience to make policy and
recommendations in areas of concern to the Oregon Infrastructure
Finance Authority and to perform the duties of office. Members
shall be appointed with consideration given to knowledge and
experience:
(a) In the field of state and municipal finance;
(b) Of the infrastructure and public works needs in Oregon
cities;
(c) Of the infrastructure and public works needs in Oregon
counties;
(d) Of issues related to ports that affect the state;
(e) Of issues related to special service district services
furnished across the state; and
(f) Of infrastructure and public works necessary to further
Oregon's long term economic growth.
(3) The office of the State Treasurer may recommend persons
with expertise in the field of state and municipal finance for
membership on the board.
(4) The term of a member of the board appointed by the
Governor, the State Treasurer or the President of the Senate is
four years. The term of a member appointed by the Speaker of the
House of Representatives is two years.
(5) In case of a vacancy on the board for any cause, the
appointing authority shall appoint a successor to serve for the
unexpired term.
(6) A member of the board may be appointed to serve two
consecutive terms. A member who serves two consecutive terms is
not eligible for reappointment within one year following the
expiration of the second term.
(7) The board shall select one of its members to chair the
board for such term and with duties and powers necessary to
perform the functions of the office as the board determines.
(8) A majority of the voting members of the board constitutes a
quorum for the transaction of business.
{ + (9) Notwithstanding ORS 171.072, members of the board who
are members of the Legislative Assembly are not entitled to
mileage expenses or a per diem and serve as volunteers on the
board.
(10) Members of the board who are not members of the
Legislative Assembly are entitled to compensation and
reimbursement for expenses as provided in ORS 292.495. + }
Enrolled Senate Bill 1014 (SB 1014-B) Page 4
SECTION 6. ORS 409.520 is amended to read:
409.520. (1) The Pain Management Commission shall consist of 19
members as follows:
(a) Seventeen members shall be appointed by the Director of the
Oregon Health Authority. Prior to making appointments, the
director shall request and consider recommendations from
individuals and public and private agencies and organizations
with experience or a demonstrated interest in pain management
issues, including but not limited to:
(A) Physicians licensed under ORS chapter 677 or organizations
representing physicians;
(B) Nurses licensed under ORS chapter 678 or organizations
representing nurses;
(C) Psychologists licensed under ORS 675.010 to 675.150 or
organizations representing psychologists;
(D) Physician assistants licensed under ORS chapter 677 or
organizations representing physician assistants;
(E) Chiropractic physicians licensed under ORS chapter 684 or
organizations representing chiropractic physicians;
(F) Naturopaths licensed under ORS chapter 685 or organizations
representing naturopaths;
(G) Clinical social workers licensed under ORS 675.530 or
organizations representing clinical social workers;
(H) Acupuncturists licensed under ORS 677.759;
(I) Pharmacists licensed under ORS chapter 689;
(J) Palliative care professionals or organizations representing
palliative care professionals;
(K) Mental health professionals or organizations representing
mental health professionals;
(L) Health care consumers or organizations representing health
care consumers;
(M) Hospitals and health plans or organizations representing
hospitals and health plans;
(N) Patients or advocacy groups representing patients;
(O) Dentists licensed under ORS chapter 679;
(P) Occupational therapists licensed under ORS 675.210 to
675.340;
(Q) Physical therapists licensed under ORS 688.010 to 688.201;
and
(R) Members of the public.
(b) Two members shall be members of a legislative committee
with jurisdiction over human services issues, one appointed by
the President of the Senate and one appointed by the Speaker of
the House of Representatives. Both members shall be nonvoting, ex
officio members of the commission.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the appointing authority. Before
the expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term.
{ + (3) Members of the commission are not entitled to
compensation or reimbursement for expenses and serve as
volunteers on the commission. + }
SECTION 7. ORS 417.845 is amended to read:
417.845. (1) The Juvenile Crime Prevention Advisory Committee
is created within the State Commission on Children and Families.
(2) The committee shall have the following members:
Enrolled Senate Bill 1014 (SB 1014-B) Page 5
(a) The Director of the Oregon Youth Authority or a designee of
the director;
(b) The staff director of the State Commission on Children and
Families or a designee of the staff director;
(c) The Director of the Oregon Health Authority or one or more
designees of the director, one of whom has expertise in treatment
and prevention of substance abuse;
(d) The executive director of the Oregon Criminal Justice
Commission or a designee of the executive director;
(e) The Superintendent of Public Instruction or a designee of
the superintendent;
(f) The Superintendent of State Police or a designee of the
superintendent;
(g) The Director of the Department of Corrections or a designee
of the director;
(h) One designee of the Governor;
(i) One member appointed by the President of the Senate, who
shall be a member of the Senate and who shall be a nonvoting,
advisory member;
(j) One member appointed by the Speaker of the House of
Representatives, who shall be a member of the House of
Representatives and who shall be a nonvoting, advisory member;
and
(k) One designee of the Chief Justice of the Supreme Court from
the Judicial Department who serves as a nonvoting member to
provide information and support the partnership role of the
courts in an effective comprehensive statewide approach to
high-risk youth and their families.
(3) In addition to the members listed in subsection (2) of this
section, the Governor shall appoint the following members who
shall be representative of the geographic and cultural diversity
of the state:
(a) To represent local public and private entities:
(A) A county commissioner;
(B) A local juvenile director;
(C) A director of a local commission on children and families;
(D) Two law enforcement officials;
(E) A county mental health director;
(F) An alcohol and drug abuse professional;
(G) A school superintendent;
(H) A private youth service provider; and
(I) An elected city official;
(b) A researcher;
(c) A citizen member; and
(d) Other members as determined by the Governor.
(4) Each member of the committee appointed by the Governor
under subsection (3) of this section shall serve a term of four
years. Members appointed by the Governor shall serve at the
pleasure of the Governor. A vacancy in the office of any member
appointed by the Governor under subsection (3) of this section
shall be filled by the Governor by appointment for the unexpired
term.
(5) The Governor shall select one of the members of the
committee as chairperson and one of its members as vice
chairperson.
(6) The committee shall meet at times, places and intervals
deemed advisable by a majority of the members.
(7) The State Commission on Children and Families shall provide
staff support to the committee.
Enrolled Senate Bill 1014 (SB 1014-B) Page 6
{ + (8) Members of the committee who are members of the
Legislative Assembly are entitled to compensation and
reimbursement of expenses as provided in ORS 171.072.
(9) Members of the committee who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses shall be paid out of funds appropriated to the State
Commission on Children and Families for purposes of the
committee. + }
SECTION 8. ORS 660.321 is amended to read:
660.321. (1) A State Workforce Investment Board shall be
created under section 2821(b) and (c) of the Workforce Investment
Act of 1998 to assist in the development of the State Unified
Workforce Plan established under ORS 660.324 and to carry out the
other functions described by the federal Act.
(2) The membership of the board { - shall - } { + must + }
be in accordance with the requirements of section 2821(b) of the
federal Act.
(3) Representatives of business described in section
2821(b)(1)(C)(i) of the federal Act who are appointed to the
board
{ - shall - } { + must + } be confirmed by the Senate in the
manner prescribed under ORS 171.562 and 171.565.
(4) The Governor shall select a chairperson in accordance with
the requirements of section 2821(c) of the federal Act.
(5) A majority of the board { - shall - } { + must + } be
representatives of business, as described in section
2821(b)(1)(C)(i) of the federal Act.
(6) Members of the Legislative Assembly appointed to the board
are nonvoting members of the board and may act in an advisory
capacity only.
(7) To transact business at a meeting of the board, a quorum of
voting members must participate. A quorum { - shall consist - }
{ + consists + } of a majority of the voting members. At least
25 percent of the members participating { - shall - }
{ + must + } be representatives of business, as described in
section 2821(b)(1)(C)(i) of the federal Act.
{ + (8) Members of the board are not entitled to
compensation, but may be reimbursed for actual and necessary
travel and other expenses incurred by them in the performance of
their official duties in the manner and amount provided for in
ORS 292.495. + }
SECTION 9. Section 1, chapter 782, Oregon Laws 2009, is amended
to read:
{ + Sec. 1. + } (1) The Oregon Broadband Advisory Council is
established within the Oregon Business Development Department.
The council shall consist of 14 members, of whom:
(a) The Governor shall appoint 12 members as follows:
(A) One member to represent the counties of this state.
(B) One member to represent the cities of this state.
(C) Three members to represent telecommunications service
providers and Internet service providers in this state. At least
one member must represent rural telecommunications consortia.
(D) One member to represent Oregon tribes.
(E) One member to represent education.
(F) One member to represent economic development.
(G) One member to represent public safety.
(H) One member to represent health.
Enrolled Senate Bill 1014 (SB 1014-B) Page 7
(I) One member to represent government's electronic interface
with the public.
(J) One member from the Public Utility Commission.
(b) The Speaker of the House of Representatives shall appoint
one nonvoting member who is a member of the House of
Representatives.
(c) The President of the Senate shall appoint one nonvoting
member who is a member of the Senate.
(2) The term of office of each voting member is four years, but
a voting member serves at the pleasure of the Governor. Before
the expiration of the term of a voting member, the Governor shall
appoint a successor whose term begins on January 1 next
following. A voting member is eligible for reappointment. If
there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term.
(3) The nonvoting legislative members shall serve two-year
terms and are eligible for reappointment.
(4) Members of the council { + who are not members of the
Legislative Assembly + } are not entitled to compensation, but
voting members may be paid expenses if funding is available from
contributions accepted under section 3 (2) { + , chapter 782,
Oregon Laws 2009 + } { - of this 2009 Act - } .
{ + (5) Members of the council who are members of the
Legislative Assembly are entitled to compensation and expense
reimbursement as provided in ORS 171.072. + }
{ - (5) - } { + (6) + } The council shall select one of its
voting members as chairperson and another voting member as vice
chairperson, for such terms and with duties and powers necessary
for the performance of the functions of such offices as the
council determines.
{ - (6) - } { + (7) + } A majority of the voting members of
the council constitutes a quorum for the transaction of business.
{ - (7) - } { + (8) + } The council shall meet at least
once every three months at a place, day and hour determined by
the council. The council may also meet at other times and places
specified by the call of the chairperson or of a majority of the
members of the council.
{ - (8) - } { + (9) + } Official action by the council
requires the approval of a majority of the voting members. The
council may recommend legislation, which must be prepared in time
for presession filing at the next regular session of the
Legislative Assembly.
{ - (9) - } { + (10) + } The Oregon Business Development
Department shall provide staff or facilities to the council.
{ - (10) - } { + (11) + } The Oregon Department of
Administrative Services, the Public Utility Commission and the
Department of Education may provide staff or facilities to the
council.
{ - (11) - } { + (12) + } All agencies of state government,
as defined in ORS 174.111, are directed to assist the council 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 council consider necessary to
perform their duties.
SECTION 10. ORS 173.500 is amended to read:
173.500. (1) There is established within the legislative
department the Oregon State Capitol Foundation. The foundation
shall be composed of not fewer than nine and not more than 25
voting members, who shall each serve a term of four years. The
Enrolled Senate Bill 1014 (SB 1014-B) Page 8
President of the Senate shall appoint three voting members from
members of the Senate. The Speaker of the House of
Representatives shall appoint three voting members from members
of the House of Representatives. The Legislative Administration
Committee shall appoint the remaining voting members. A member is
eligible for reappointment. At all times there shall be appointed
to the foundation an odd number of voting members. The foundation
may appoint honorary, nonvoting members to the foundation.
(2) The Oregon State Capitol Foundation shall:
(a) Advise the Legislative Administration Committee on the
terms and conditions of contracts or agreements entered into
under ORS 276.002.
(b) Recommend to the committee renovations, repairs and
additions to the State Capitol.
(c) Recommend to the committee exhibits and events for the
State Capitol.
(d) Deposit gifts, grants, donations and moneys converted from
gifts or donations of other than money into separate trust
accounts reserved for the purposes of the gifts, grants and
donations.
(e) Develop, maintain and implement plans to:
(A) Enhance and embellish the State Capitol in keeping with the
design and purpose of the building and adjacent areas; and
(B) Preserve the history of activities of state government that
have occurred in the State Capitol and of persons who have
participated in state government in the State Capitol.
(f) Adopt rules to guide the foundation and implement the
foundation's responsibilities under this subsection and the
foundation's authority under subsections (3) to (5) of this
section.
(g) Consult with any advisory committees the Legislative
Administration Committee may designate before the foundation
makes a recommendation required by this subsection.
(3) The Oregon State Capitol Foundation may:
(a) Solicit and accept gifts, grants and donations from public
and private sources in the name of the foundation.
(b) Under guidelines adopted by the Legislative Administration
Committee, expend moneys from the Oregon State Capitol Foundation
Fund for the purposes set out in subsection (2) of this section,
including but not limited to the reasonable and necessary
operating expenses of the foundation.
(c) Convert gifts or donations other than money into moneys.
(d) Become or create an organization under section 501(c)(3) of
the Internal Revenue Code.
(4)(a) As used in this subsection, 'community foundation ' has
the meaning given that term in ORS 348.580.
(b) The Oregon State Capitol Foundation may enter into
agreements with a person, including a community foundation in
Oregon, for the person to assume the management of the moneys in
the Oregon State Capitol Foundation Fund. The Oregon State
Capitol Foundation may transfer to the person any moneys in the
fund.
(c) The Oregon State Capitol Foundation shall include in any
agreement entered into under this subsection a requirement that:
(A) The person conduct a periodic independent financial audit
of the moneys transferred to the person.
(B) The person prepare an annual financial report according to
generally accepted accounting principles.
Enrolled Senate Bill 1014 (SB 1014-B) Page 9
(C) The person submit an annual financial report to the Oregon
State Capitol Foundation, the Legislative Administration
Committee and the Oregon Investment Council.
(d) If a provision of an agreement entered into under this
subsection would cause the person to be out of compliance with a
federal law, the Oregon State Capitol Foundation may waive the
provision.
(5) The Oregon State Capitol Foundation may, through the
Legislative Administrator, enter into contracts or agreements to
implement the foundation's responsibilities and authority. ORS
279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not
apply to a contract or agreement entered into by the foundation.
(6) The Oregon State Capitol Foundation may take action under
this section upon a majority vote of a quorum of members. A
majority of the voting members of the foundation constitutes a
quorum for the transaction of business.
{ + (7) Notwithstanding ORS 171.072, members of the
foundation who are members of the Legislative Assembly are not
entitled to mileage expenses or a per diem and serve as
volunteers on the foundation. + }
SECTION 11. Section 1, chapter 881, Oregon Laws 2009, is
amended to read:
{ + Sec. 1. + }(1) There is created the Task Force on
Effective and Cost-Efficient Service Provision, consisting of 21
members appointed as follows:
(a)(A) The Governor shall appoint:
(i) Two members from among staff of the office of the Governor.
(ii) Seven members from state agencies and departments other
than the Governor's office.
(iii) Three members who are county commissioners in this state.
The Governor shall consider recommendations for these positions
from the Association of Oregon Counties.
(iv) One member who is a mayor or city councilor in this state.
The Governor shall consider a recommendation for this position
from the League of Oregon Cities.
(v) One member who is a member of a special district board of
directors.
(B) Of the members appointed by the Governor under subparagraph
(A) of this paragraph, at least one shall have served as a member
of the Governor's Task Force on Federal Forest Payments and
County Services and at least one shall have served as a voting,
nonvoting or adjunct member, an advisory council member or a
staff member of the Task Force on Comprehensive Revenue
Restructuring.
(b) The President of the Senate shall appoint two members from
among members of the Senate, including at least one member of the
Joint Committee on Ways and Means.
(c) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives,
including at least one member from the Joint Committee on Ways
and Means.
(d) The Secretary of State, the State Treasurer and the Chief
Justice of the Supreme Court shall serve as ex officio members.
(2) The task force shall:
(a) Review opportunities to provide services in the most
effective and cost-efficient manner;
(b) Consider the ability of intergovernmental agreements,
existing or new service districts and technology to achieve cost
savings;
Enrolled Senate Bill 1014 (SB 1014-B) Page 10
(c) Encourage effective fiscal planning for counties managing
the phaseout of federal forest safety net payments; and
(d) Recommend to the Governor and the Legislative Assembly an
appropriate level of state fiscal support to counties.
(3) The task force shall analyze, at a minimum, the following
categories of services under subsection (2) of this section:
(a) Assessment and taxation;
(b) Elections;
(c) Human services; and
(d) Criminal justice.
(4) The task force may analyze additional services under
subsection (2) of this section.
(5) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(6) Official action by the task force requires the approval of
a majority of the members of the task force.
(7) The Governor shall appoint one of the members as
chairperson.
(8) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(9) 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.
(10) The task force may adopt rules necessary for the operation
of the task force.
(11) The task force shall submit an interim report to the
Legislative Assembly no later than November 30, 2009, reporting
progress of work and initial recommendations, and shall submit a
final report to the Legislative Assembly no later than October 1,
2010.
(12) The task force shall use the services of permanent staff
of the offices of the Governor, Secretary of State, State
Treasurer, Judicial Department and Legislative Fiscal Officer.
The task force shall also accept staff assistance from the
Association of Oregon Counties if the association offers
assistance.
(13) 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.
(14)(a) The task force shall establish a technical committee to
aid and advise the task force in the performance of its
functions. The task force shall determine the representation,
membership, terms and organization of the committee and shall
appoint its members. If the Executive Director of the Association
of Oregon Counties or the Executive Director of the Special
Districts Association of Oregon consents to serve on the
technical committee, the task force shall appoint one or both
directors to the committee.
(b) The task force shall establish subcommittees to work on the
subject areas identified in subsection (3) of this section in the
priority order that the task force identifies at its initial
meeting.
{ + (15) Members of the task force who are members of the
Legislative Assembly are entitled to compensation and expense
reimbursement as provided in ORS 171.072. + }
SECTION 12. ORS 468A.220 is amended to read:
Enrolled Senate Bill 1014 (SB 1014-B) Page 11
468A.220. (1) In addition to the members appointed under ORS
468A.215, the Oregon Global Warming Commission { - shall
include - } { + includes + } the following ex officio
{ + nonvoting + } members:
(a) The Director of the State Department of Energy;
(b) The Director of Transportation;
(c) The chairperson of the Public Utility Commission of Oregon;
(d) The Director of the Department of Environmental Quality;
(e) The Director of Agriculture;
(f) The State Forester;
(g) The Water Resources Director; and
(h) Three additional ex officio nonvoting members, each from a
state agency or an academic institution.
(2) The following representatives of the Legislative Assembly
also shall serve as ex officio nonvoting members:
(a) Two members of the Senate, not from the same political
party, appointed by the President of the Senate; and
(b) Two members of the House of Representatives, not from the
same political party, appointed by the Speaker of the House of
Representatives.
(3) Each legislative member serves at the pleasure of the
appointing authority and may serve so long as the member remains
in the chamber of the Legislative Assembly from which the member
was appointed.
{ + (4) Notwithstanding ORS 171.072, members of the
commission who are members of the Legislative Assembly are not
entitled to mileage expenses or a per diem and serve as
volunteers on the commission. + }
SECTION 13. ORS 284.706 is amended to read:
284.706. (1) There is created the Oregon Innovation Council
consisting of the following voting members:
(a) The Governor or the Governor's designated representative,
who shall be chairperson of the council.
(b) Five members appointed by the Governor who are engaged in
the operations of Oregon traded sector industries.
(c) One member appointed by the Governor who is a
representative of an Oregon-based, generally accredited,
not-for-profit private institution of higher education.
(d) A member of the Oregon Growth Account Board, appointed by
the board, who has experience in the field of venture capital.
(e) A member of the Engineering and Technology Industry
Council, appointed by the Engineering and Technology Industry
Council.
(f) The Director of the Oregon Business Development Department.
(g) The Chancellor of the Oregon University System.
(h) The Commissioner for Community College Services.
(i) The State Treasurer.
(2)(a) The Speaker of the House of Representatives shall
appoint two members to the council who are members of the House
of Representatives.
(b) The President of the Senate shall appoint two members to
the council who are members of the Senate.
(c) Members of the Legislative Assembly appointed to the
council are nonvoting members and may act in an advisory capacity
only.
(3) The following persons, or their representatives, shall
serve as ex officio, nonvoting members of the council:
(a) The { - chairperson - } { + presiding officer + } of
the Oregon Business Development Commission.
(b) The president of the State Board of Higher Education.
Enrolled Senate Bill 1014 (SB 1014-B) Page 12
(c) The chairperson of the State Board of Education.
(d) An executive officer of an association representing
Oregon-based, generally accredited, not-for-profit private
institutions of higher education, appointed by the Governor.
(4) The term of office of each appointed voting member of the
council is three years, but an appointed member serves at the
pleasure of the appointing authority. Before the expiration of
the term of an appointed voting member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. An appointed member is eligible for reappointment. If
there is a vacancy for any cause, the appointing authority shall
make an appointment to become immediately effective for the
remainder of the unexpired term.
(5) A majority of the voting members of the council constitutes
a quorum for the transaction of business.
(6) Official action by the council requires the approval of a
majority of the voting members of the council.
(7) The council shall meet at least twice per fiscal year at a
place, day and time determined by the chairperson. The council
may also meet at other times and places specified by a call of
the chairperson or by written request of a majority of the voting
members of the council.
(8) The council may adopt rules necessary for the operation of
the council.
(9) The council may establish committees and delegate to the
committees duties as the council considers desirable.
(10) The Oregon Business Development Department shall provide
staff support to the council.
{ + (11) Members of the council who are members of the
Legislative Assembly are entitled to compensation and expense
reimbursement as provided in ORS 171.072. + }
{ - (11) - } { + (12) + } Members of the council who are
not members of the Legislative Assembly are entitled to
compensation and expenses incurred by them in the performance of
their official duties in the manner and amounts provided for in
ORS 292.495. Claims for compensation and expenses of members of
the council who are public officers shall be paid out of funds
appropriated to the public agency that employs the member. Claims
for compensation and expenses of members of the council who are
not public officers shall be paid out of funds appropriated to
the Oregon Business Development Department for that purpose.
{ - (12) - } { + (13) + } All agencies of state government,
as defined in ORS 174.111, are directed to assist the council 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 council consider necessary to
perform their duties.
SECTION 14. ORS 173.315 is amended to read:
173.315. (1) The Oregon Law Commission is established to
conduct a continuous substantive law revision program as
described in ORS 173.338.
(2) The Oregon Law Commission has 15 members, as follows:
(a) A person appointed by the President of the Senate who is a
member of the Senate at the time of appointment;
(b) A person appointed by the President of the Senate who is a
current or former member of the Senate at the time of
appointment;
(c) A person appointed by the Speaker of the House of
Representatives who is a member of the House of Representatives
at the time of appointment;
Enrolled Senate Bill 1014 (SB 1014-B) Page 13
(d) A person appointed by the Speaker of the House of the
Representatives who is a current or former member of the House of
Representatives at the time of appointment;
(e) The deans of Oregon's accredited law schools, or their
designees;
(f) Three persons appointed by the Board of Governors of the
Oregon State Bar;
(g) The Attorney General, or the Attorney General's designee;
(h) The Chief Justice of the Supreme Court, or the Chief
Justice's designee;
(i) The Chief Judge of the Court of Appeals, or the Chief
Judge's designee;
(j) A person appointed by the Chief Justice of the Supreme
Court who is a circuit court judge, or a retired circuit court
judge who has been designated as a senior judge under ORS 1.300,
at the time of appointment; and
(k) One person appointed by the Governor.
(3) The Attorney General, the Chief Justice of the Supreme
Court, the Chief Judge of the Court of Appeals and the deans of
Oregon's accredited law schools are ex officio members of the
commission and have the same powers as appointed members.
(4)(a) Except as provided in paragraph (b) of this subsection,
appointed members of the commission serve four-year terms. Terms
commence on July 1 of even-numbered years. Before the expiration
of the four-year term, the appointing authority shall appoint a
successor. A person who has served as a member is eligible for
reappointment.
(b) A person appointed under subsection (2)(a) of this section
serves a term of four years, or until the person ceases to be a
member of the Senate, whichever occurs first. A person appointed
under subsection (2)(c) of this section serves a term of four
years, or until the person ceases to be a member of the House of
Representatives, whichever occurs first.
(5) If there is a vacancy in the position of an appointed
member:
(a) The appointing authority shall appoint a person as soon as
possible to serve during the remainder of the unexpired term; and
(b) The appointing authority may specify that the person
appointed to serve the remainder of the unexpired term is also
appointed to the next following full term.
(6) If a member of the commission is authorized under
subsection (2) of this section to name a designee, a person named
as a designee has all of the powers and duties of the member
until the designation expires or is revoked. The following
persons may be designated:
(a) A dean of one of Oregon's accredited law schools may
designate a member of the faculty of the law school.
(b) The Chief Justice may designate a Supreme Court judge.
(c) The Chief Judge of the Court of Appeals may designate
another judge of the Court of Appeals.
(d) The Attorney General may designate an assistant attorney
general or the Deputy Attorney General.
(7) The term of an appointed member of the commission shall
cease if the member misses three consecutive meetings without
prior approval of the chairperson, and the appointing authority
for the position shall appoint a person to fill the vacancy in
the manner provided by subsection (5) of this section.
(8) The Oregon Law Commission shall elect its chairperson and
vice chairperson from among the members with such powers and
duties as the commission shall determine.
Enrolled Senate Bill 1014 (SB 1014-B) Page 14
(9) A majority of the members of the commission constitutes a
quorum for the transaction of business. If a quorum is present at
a meeting, the commission may take action by an affirmative vote
by a majority of the members of the commission who are present.
{ + (10) Members of the commission who are members of the
Legislative Assembly are entitled to compensation and expense
reimbursement as provided in ORS 171.072. + }
SECTION 15. Section 10, chapter 754, Oregon Laws 2009, is
amended to read:
{ + Sec. 10. + }(1) There is created the Metropolitan
Planning Organization Greenhouse Gas Emissions Task Force
consisting of 16 members appointed as follows:
(a) The President of the Senate shall appoint two members from
among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives.
(c) The Governor shall appoint the following members:
(A) One representative from each of the six metropolitan
planning organizations in this state, at least three of whom must
be elected local government officials.
(B) Four members who are representatives of transportation and
land use stakeholders.
(C) The chairperson of the Oregon Transportation Commission.
(D) The chairperson of the Land Conservation and Development
Commission.
(2) The task force shall:
(a) Study and evaluate the development of alternative land use
and transportation scenarios that accommodate planned population
and employment growth in those areas of the state that are served
by metropolitan planning organizations while achieving a
reduction in greenhouse gas emissions from motor vehicles with a
gross vehicle weight rating of 10,000 pounds or less. The task
force shall take into account the amount of greenhouse gas
emissions caused by motor vehicles with a gross vehicle weight
rating of 10,000 pounds or less that need to be reduced by 2035
in order to meet the goals stated in ORS 468A.205. The task force
shall take into consideration the reductions in vehicle emissions
that are likely to result by 2035 from the use of improved
vehicle technologies and fuels.
(b) Evaluate potential fiscal and other resource needs to
implement land use and transportation scenarios described in
paragraph (a) of this subsection, including staffing and
resources needed by state agencies, local governments and each
metropolitan planning organization.
(c) Evaluate impediments to implementing land use and
transportation scenarios that reduce greenhouse gas emissions.
(d) Recommend legislation to the interim Legislative Assembly
committees related to transportation and to the environment
establishing a process for adoption and implementation of plans
for reducing greenhouse gas emissions caused by motor vehicles
with a gross vehicle weight rating of 10,000 pounds or less by
2035, in an amount sufficient to meet the goals stated in ORS
468A.205, in each area of this state served by a metropolitan
planning organization, including a schedule for the planning
process and an estimate of funding required to complete the
planning process.
(3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(4) Official action by the task force requires the approval of
a majority of the members of the task force.
Enrolled Senate Bill 1014 (SB 1014-B) Page 15
(5)(a) The President of the Senate and the Speaker of the House
of Representatives shall serve as cochairpersons of the task
force.
(b) The chairperson of the Oregon Transportation Commission and
the chairperson of the Land Conservation and Development
Commission shall serve as vice chairpersons of the task force.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The task force shall meet at times and places specified by
the call of the chairpersons.
(8) The task force may adopt rules necessary for the operation
of the task force.
(9) The task force shall submit a report with recommendations
for legislation to the interim legislative committees related to
transportation and to the environment and natural resources prior
to January 1, 2010.
(10) The Department of Transportation and the Department of
Land Conservation and Development shall provide staff support to
the task force. The Department of Transportation shall use
available federal flexible funds for the staffing and support of
the task force.
{ + (11) Members of the task force who are members of the
Legislative Assembly are entitled to compensation and expense
reimbursement as provided in ORS 171.072. + }
{ - (11) - } { + (12) + } Members of the task force who are
not members of the Legislative Assembly are not entitled to
compensation, but may be reimbursed for actual and necessary
travel and other expenses incurred by them in the performance of
their official duties in the manner and amounts provided for in
ORS 292.495. Claims for expenses incurred in performing functions
of the task force shall be paid out of funds appropriated to the
Department of Transportation for purposes of the task force.
{ - (12) - } { + (13) + } 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.
{ - (13) - } { + (14) + } For the purposes of this section,
'metropolitan planning organization' means an organization
located wholly within the State of Oregon and designated by the
Governor to coordinate transportation planning in an urbanized
area of the state pursuant to 49 U.S.C. 5303(c).
SECTION 16. ORS 507.050 is amended to read:
507.050. { + (1) + } The State Fish and Wildlife Director, one
legislator appointed as provided in this section and one public
member appointed by the Governor shall act as representatives of
the State of Oregon on the Pacific States Marine Fisheries
Commission in accordance with the provisions of and with the
powers and duties in the compact set forth in ORS 507.040.
{ + (2) + } The legislative member shall be appointed by the
President of the Senate or the Speaker of the House of
Representatives { - from among those legislators who, at the
time of appointment, are serving on the Pacific Fisheries
Legislative Task Force - } .
{ + (3) + } The legislative member shall serve for a term of
four years. The Speaker of the House of Representatives and the
President of the Senate shall alternate in making the appointment
of the legislative member.
Enrolled Senate Bill 1014 (SB 1014-B) Page 16
{ + (4) Notwithstanding ORS 171.072, the legislative member
is not entitled to mileage expenses or a per diem and serves as a
volunteer on the commission.
(5) Members of the commission who are not members of the
Legislative Assembly are not entitled to compensation or
reimbursement of expenses and serve as volunteers on the
commission. + }
SECTION 17. ORS 171.857 is amended to read:
171.857. (1) The President of the Senate and the Speaker of the
House of Representatives shall jointly appoint a special
legislative committee to issue a report pursuant to section 8,
Article VIII of the Oregon Constitution.
(2) The committee may not transact business unless a quorum is
present. A quorum consists of a majority of committee members
from the House of Representatives and a majority of committee
members from the Senate.
(3) Action by the committee requires the affirmative vote of a
majority of committee members from the House of Representatives
and a majority of committee members from the Senate.
{ + (4) Members of the committee are entitled to compensation
and expense reimbursement as provided in ORS 171.072. + }
{ - (4) - } { + (5) + } The Legislative Assembly in the
report shall:
(a) Demonstrate that the amount within the budget appropriated
for the state's system of kindergarten through grade 12 public
education is the amount of moneys as determined by the Quality
Education Commission established by ORS 327.500 that is
sufficient to meet the quality goals; or
(b) Identify the reasons that the amount appropriated for the
state's system of kindergarten through grade 12 public education
is not sufficient, the extent of the insufficiency and the impact
of the insufficiency on the ability of the state's system of
kindergarten through grade 12 public education to meet the
quality goals. In identifying the impact of the insufficiency,
the Legislative Assembly shall include in the report how the
amount appropriated in the budget may affect both the current
practices and student performance identified by the commission
under ORS 327.506 (4)(a) and the best practices and student
performance identified by the commission under ORS 327.506
(4)(b).
{ - (5)(a) - } { + (6)(a) + } Notwithstanding subsection
{ - (4) - } { + (5) + } of this section, the Legislative
Assembly may make a determination that the report of the Quality
Education Commission should not be used as the basis for carrying
out the reporting requirements of section 8, Article VIII of the
Oregon Constitution, and subsection
{ - (4) - } { + (5) + } of this section. If the report is not
used, the Legislative Assembly shall identify the reasons for not
using the report to meet the reporting requirements and shall
outline an alternative methodology for making the findings
required by section 8, Article VIII of the Oregon Constitution.
(b) The alternative methodology shall be based on:
(A) Research, data and public values; and
(B) The performance of successful schools, professional
judgment or a combination of the performance of successful
schools and professional judgment.
(c) The Legislative Assembly shall include in the report that
uses the alternative methodology a determination of how the
amount appropriated may affect the ability of the state's system
of kindergarten through grade 12 public education to meet quality
Enrolled Senate Bill 1014 (SB 1014-B) Page 17
goals established by law, including expected student performance
against those goals.
{ - (6) - } { + (7) + } The Legislative Assembly shall
identify in the report whether the state's system of
post-secondary public education has quality goals established by
law. If there are quality goals, the Legislative Assembly shall
include in the report a determination that the amount
appropriated in the budget is sufficient to meet those goals or
an identification of the reasons the amount appropriated is not
sufficient, the extent of the insufficiency and the impact of the
insufficiency on the ability of the state's system of
post-secondary public education to meet those quality goals.
{ - (7) - } { + (8) + } The report shall be issued within
180 days after the regular session of the Legislative Assembly
adjourns sine die.
{ - (8) - } { + (9) + } The Legislative Assembly shall
provide public notice of the report's issuance, including posting
the report on the Internet and providing a print version of the
report upon request.
SECTION 18. Section 8, chapter 802, Oregon Laws 2007, is
amended to read:
{ + Sec. 8. + } (1) The Oregon Student Assistance Commission
shall establish a Shared Responsibility Steering Committee to
provide advice to the commission on the implementation of the
changes to the Oregon Opportunity Grant program by the amendments
to ORS 348.180, 348.183, 348.205 and 348.260 by sections 1 to
4 { + , chapter 802, Oregon Laws 2007 + } { - of this 2007
Act - } . The committee shall consist of 12 members appointed as
follows:
(a) The President of the Senate shall appoint one member from
among the members of the Senate.
(b) The Speaker of the House of Representatives shall appoint
one member from among the members of the House of
Representatives.
(c) The commission shall appoint representatives of the
following:
(A) Oregon Independent Colleges Association;
(B) Oregon Student Association;
(C) A financial aid professional who is employed by a state
institution of higher education within the Oregon University
System;
(D) A financial aid professional who is employed by a community
college; and
(E) A financial aid professional who is employed by a private
institution of higher education.
(d) The Governor shall appoint a representative of the Office
of the Governor.
(e) The Director of the Oregon Department of Administrative
Services shall appoint a representative of the Budget and
Management Division.
(f) The Chancellor of the Oregon University System shall
appoint a representative.
(g) The Commissioner for Community College Services shall
appoint a representative of the Department of Community Colleges
and Workforce Development.
(h) The president of the Oregon Health and Science University
shall appoint a representative of the university.
(2) The committee shall:
(a) Analyze the risks involved in implementing the amendments
to ORS 348.180, 348.183, 348.205 and 348.260 by sections 1 to
Enrolled Senate Bill 1014 (SB 1014-B) Page 18
4 { + , chapter 802, Oregon Laws 2007 + } { - of this 2007
Act - } ;
(b) Make recommendations to the commission on strategies for
prevention and mitigation of those risks;
(c) Make recommendations to the commission on the management of
moneys available to be awarded as Oregon Opportunity Grants; and
(d) Review and make recommendations on the implementation
methodology and timetable for:
(A) The system for awarding grants;
(B) The adoption of rules necessary for implementation of the
changes; and
(C) Communication outreach about changes to the grant program.
(3) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(4) Official action by the committee requires the approval of a
majority of the members of the committee.
(5) The committee shall elect one of its members to serve as
chairperson.
(6) The term of office of each member is four years, but a
member serves at the pleasure of the appointing authority. Before
the expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term.
(7) The committee shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
(8) The committee may adopt rules necessary for the operation
of the task force.
(9) The commission shall provide staff support to the
committee.
{ + (10) Members of the committee who are members of the
Legislative Assembly are entitled to compensation and expense
reimbursement as provided in ORS 171.072. + }
{ - (10) - } { + (11) + } Members of the committee who are
not members of the Legislative Assembly are not entitled to
compensation or reimbursement for actual and necessary travel and
other expenses from the commission.
{ - (11) - } { + (12) + } All agencies of state government,
as defined in ORS 174.111, and the Oregon Health and Science
University are directed to assist the committee 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 committee consider necessary to
perform their duties.
SECTION 19. ORS 184.486 is amended to read:
184.486. (1) There is created the Transparency Oregon Advisory
Commission consisting of nine members appointed as follows:
(a) The President of the Senate shall appoint two members from
among members of the Senate, one from the majority party and one
from the minority party.
(b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives,
one from the majority party and one from the minority party.
(c) The Governor shall appoint one member from an executive
branch agency.
(d) The Director of the Oregon Department of Administrative
Services shall appoint one member.
Enrolled Senate Bill 1014 (SB 1014-B) Page 19
(e) The Legislative Fiscal Officer shall appoint one member.
(f) The President of the Senate and the Speaker of the House of
Representatives shall each appoint one member of the public with
experience or interest in public finance, public relations,
measurement of performance outcomes or technology.
(2) The commission shall advise and make recommendations to the
Oregon Department of Administrative Services regarding the
creation, contents and operation of, and enhancements to, the
Oregon transparency website.
(3) A majority of the members of the commission constitutes a
quorum for the transaction of business.
(4) Official action by the commission requires the approval of
a majority of the members of the commission.
(5) The commission shall elect one of its members to serve as
chairperson. The chairperson shall be selected not later than
October 1 of each odd-numbered year.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The commission shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the commission.
(8) The commission may adopt rules necessary for the operation
of the commission.
(9) The commission shall use the services of permanent staff of
the Legislative Fiscal Office to the greatest extent practicable
to staff the commission. The Oregon Department of Administrative
Services may provide additional assistance.
{ + (10) Notwithstanding ORS 171.072, members of the
commission who are members of the Legislative Assembly are not
entitled to mileage expenses or a per diem and serve as
volunteers on the commission. + }
{ - (10) - } { + (11) + } Members of the commission who are
not members of the Legislative Assembly are not entitled to
compensation or reimbursement for expenses and serve as
volunteers on the commission.
{ - (11) - } { + (12) + } All agencies of state government,
as defined in ORS 174.111, are directed to assist the commission
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 commission consider necessary to
perform their duties.
{ - (12) - } { + (13) + } The commission shall report to
the Legislative Assembly not later than January 15 of each
odd-numbered year. The report shall describe:
(a) Enhancements made to the Oregon transparency website during
the previous two calendar years;
(b) Possible future enhancements to the website, including but
not limited to the inclusion of information relating to:
(A) Performance outcomes that measure the success of state
agency programs in achieving goals;
(B) State agency bond debt;
(C) State agency expenses for capital improvements;
(D) Numbers and descriptions of jobs created through state
agency contracts and subcontracts;
(E) Lists of businesses and individuals receiving tax credits,
deductions, refunds, rebates and other subsidies from a state
agency;
Enrolled Senate Bill 1014 (SB 1014-B) Page 20
(F) Lists of the names of contractors who received a contract
from a state agency, including the number of contracts and
compensation received; and
(G) Lists by contracting state agency of the number of
contracts entered into during a biennium and the amount of moneys
spent on the contracts; and
(c) The feasibility of including an interactive application
where citizens can simulate balancing a biennial budget for the
state.
{ - (13) - } { + (14) + } The term of office of each member
is four years, but a member serves at the pleasure of the
appointing authority. Before the expiration of the term of a
member, the appointing authority shall appoint a successor whose
term begins on January 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the
appointing authority shall make an appointment to become
immediately effective for the unexpired term.
SECTION 20. ORS 689.115 is amended to read:
689.115. (1) The State Board of Pharmacy consists of
{ - seven - } { + eight + } members appointed by the Governor
and subject to confirmation by the Senate in the manner provided
in ORS 171.562 and 171.565. All members of the board must be
residents of this state. Of the members of the board:
(a) Five must be licensed pharmacists.
{ + (b) One must be a pharmacy technician licensed under ORS
689.486. + }
{ - (b) - } { + (c) + } Two must be members of the public
who are not licensed pharmacists or a spouse, domestic partner,
child, parent or sibling of a pharmacist.
(2)(a) Board members required to be licensed pharmacists may be
selected by the Governor from a list of three to five nominees
for each vacancy, submitted by a task force assembled by the
Oregon State Pharmacy Association to represent all of the
interested pharmacy groups.
(b) The public members of the State Board of Pharmacy must be
individuals who:
(A) Have attained the age of majority;
(B) Are not former members of the profession of pharmacy;
(C) Do not have and have never had any material financial
interest in the providing of pharmacy service; and
(D) Have not engaged in any activity directly related to the
practice of pharmacy.
(c) The licensed pharmacist members of the board must at the
time of their appointment:
(A) Be licensed and in good standing to engage in the practice
of pharmacy in this state;
(B) Be engaged in the practice of pharmacy in this state; and
(C) Have five years of experience in the practice of pharmacy
in this state after licensure.
(d) In selecting the members of the board, the Governor shall
strive to balance the representation on the board according to:
(A) Geographic areas of this state; and
(B) Ethnic group.
(3)(a) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. The terms must be
staggered so that no more than three terms end each year. A
member is eligible for reappointment. The Governor shall fill
vacancies which occur by expiration of full terms within 90 days
prior to each date of expiration, and shall fill vacancies which
Enrolled Senate Bill 1014 (SB 1014-B) Page 21
occur for any other reason within 60 days after each such vacancy
occurs, for the unexpired term.
(b) A board member shall be removed immediately from the board
if, during the member's term, the member:
(A) Is not a resident of this state;
(B) Has been absent from three consecutive board meetings,
unless at least one absence is excused; { - or - }
(C) Is not a licensed pharmacist or a retired pharmacist who
was a licensed pharmacist in good standing at the time of
retirement, if the board member was appointed to serve on the
board as a pharmacist { - . - } { + ; or
(D) Is not a licensed pharmacy technician or a retired pharmacy
technician who was a licensed pharmacy technician in good
standing at the time of retirement, if the board member was
appointed to serve on the board as a pharmacy technician. + }
(4) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. The board may provide by
rule for compensation to board members for the performance of
official duties at a rate that is greater than the rate provided
in ORS 292.495.
SECTION 21. ORS 326.021 is amended to read:
326.021. (1) The State Board of Education shall consist of:
(a) The State Treasurer, or the designee of the State
Treasurer;
(b) The Secretary of State, or the designee of the Secretary of
State; and
(c) Seven members, appointed by the Governor for a term of four
years beginning July 1 of the year of appointment, subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565. A person appointed under this paragraph may not be
appointed to serve consecutively more than two full terms as a
board member.
(2) { + (a) + } In making appointments under subsection (1) of
this section, the Governor shall select from residents of Oregon
one member from each congressional district and two members from
the state at large. { - An appointed member may not be engaged
in teaching or participate in the administration or operation of
any school. - }
{ + (b) The Governor may not appoint more than two members
under subsection (1) of this section who are employed by a school
district. + }
(3) The Governor may remove appointed members of the State
Board of Education for cause at any time after notice and public
hearing.
(4) The State Treasurer and the Secretary of State, or the
designee of the State Treasurer or Secretary of State, are
nonvoting, ex officio members of the board.
SECTION 22. { + ORS 171.865, 171.867 and 541.407 are
repealed. + }
SECTION 23. { + The amendments to ORS 442.830 by section 3 of
this 2010 Act apply to appointments to the Oregon Patient Safety
Commission Board of Directors made on or after the effective date
of this 2010 Act. + }
SECTION 24. { + 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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Enrolled Senate Bill 1014 (SB 1014-B) Page 22
Passed by Senate February 16, 2010
Repassed by Senate February 24, 2010
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House February 23, 2010
...........................................................
Speaker of House
Enrolled Senate Bill 1014 (SB 1014-B) Page 23
Received by Governor:
......M.,............., 2010
Approved:
......M.,............., 2010
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2010
...........................................................
Secretary of State
Enrolled Senate Bill 1014 (SB 1014-B) Page 24
