Bill Text: OR SB1579 | 2012 | Regular Session | Enrolled
Bill Title: Relating to state financial administration; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2012-04-12 - Effective date, April 11, 2012. [SB1579 Detail]
Download: Oregon-2012-SB1579-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1579
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Ways and Means)
CHAPTER ................
AN ACT
Relating to state financial administration; creating new
provisions; amending ORS 1.177, 1.178, 45.275, 45.285, 135.050,
151.216, 151.225, 151.487, 171.585, 182.460, 184.360, 199.432,
276.390, 278.125, 284.118, 284.375, 286A.160, 291.100, 291.217,
291.342, 291.349, 291.371, 291.373, 291.375, 293.190, 314.840,
353.100, 377.836, 390.124, 390.134, 396.515, 401.536, 411.072,
412.079, 413.072, 419A.170, 419A.211, 419B.198, 419C.203,
419C.535, 421.352, 454.439, 461.120, 468.220, 576.306, 656.612,
656.753, 731.272, 741.002, 741.027, 741.101, 741.105, 741.201,
741.220, 741.222, 741.250, 741.310, 757.552, 757.822 and
774.190 and section 19, chapter 846, Oregon Laws 2007, section
19, chapter 827, Oregon Laws 2009, section 3, chapter 21,
Oregon Laws 2011, section 4, chapter 220, Oregon Laws 2011,
section 3, chapter 302, Oregon Laws 2011, section 61a, chapter
597, Oregon Laws 2011, section 1, chapter 604, Oregon Laws
2011, section 83, chapter 630, Oregon Laws 2011, and section 2,
chapter ___, Oregon Laws 2012 (Enrolled House Bill 4082);
repealing ORS 291.385 and 391.100 and section 28, chapter 630,
Oregon Laws 2011; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
ALLOTMENTS + }
SECTION 1. { + Section 28, chapter 630, Oregon Laws 2011, is
repealed. + }
{ +
BONDING + }
SECTION 2. { + Section 3 of this 2012 Act is added to and made
a part of ORS chapter 286A. + }
SECTION 3. { + (1) If the State Treasurer or Director of the
Oregon Department of Administrative Services determines that the
treasurer or director will cancel or postpone an issuance of
general obligation bonds or lottery bonds that was authorized by
law and previously scheduled, the treasurer or director shall
provide written notice to the President of the Senate, the
Enrolled Senate Bill 1579 (SB 1579-A) Page 1
Speaker of the House of Representatives and the Legislative
Fiscal Officer.
(2) The treasurer or director shall provide the notice not
later than 30 days after the date the issuance of the bonds was
scheduled. + }
{ +
REPORTS TO JOINT COMMITTEE ON WAYS AND MEANS + }
SECTION 4. Section 4, chapter 220, Oregon Laws 2011, is amended
to read:
{ + Sec. 4. + } (1) { - Sections 1 and 2 of this 2011
Act - } { + ORS 431.862 and 431.864 + } become operative
{ - when the Oregon Health Authority receives funding described
in section 3 of this 2011 Act - } { + on the date that the
Office of the Legislative Counsel receives written notice from
the Oregon Health Authority indicating that the authority has
received an amount of moneys under ORS 431.866 + }that is
sufficient to carry out the provisions of { - section 1 of this
2011 Act - } { + ORS 431.862 + }.
(2) The authority may take { - any action - } { + the
actions described in ORS 431.866 + } before the operative date
specified in subsection (1) of this section to obtain the
{ - funding - } { + moneys + } necessary to carry out the
provisions of { - section 1 of this 2011 Act - } { + ORS
431.862 + }.
(3) Until the operative date specified in subsection (1) of
this section, the authority shall report on { - the status of
funding requests made under this section at each meeting of the
interim - } { + the actions taken by the authority pursuant to
ORS 431.866 to the + } Joint Committee on Ways and Means { - or
to each meeting of the Human Services Subcommittee of the interim
Joint Committee on Ways and Means - } { + at least once during
an odd-numbered year regular session of the Legislative
Assembly + }.
{ +
REPORTS TO JOINT INTERIM COMMITTEE ON WAYS AND MEANS + }
SECTION 5. ORS 171.585 is amended to read:
171.585. The Joint Legislative Audit Committee shall:
(1) Review all audits and make recommendations for change or
remediation by the agency or other organization under review to
the Emergency Board { + or to the Joint Interim Committee on
Ways and Means + }, the Joint { + Committee on + } Ways and
Means { - Committee - } and other persons receiving the audit
report under ORS 192.245.
(2) Accept requests for performance and program audits from
individual legislators, legislative committees, the Division of
Audits, the Budget and Management Division and the Legislative
Fiscal Office.
(3) In conjunction with the Director of the Division of Audits,
set priorities on the basis of risk assessment for performance
and program audits and program evaluations.
(4) With the advice and assistance of the Legislative Fiscal
Officer, the Administrator of the Budget and Management Division
and the Director of the Division of Audits, determine the type of
audit, evaluation or review utilizing criteria to include but not
be limited to the nature and scope of the task, the time frame
Enrolled Senate Bill 1579 (SB 1579-A) Page 2
involved, necessary professional guidelines, economy, efficiency,
cost and cost responsibility.
(5) Not later than 12 months after the issuance of an audit
report, review the actions of an agency or other government
organization for compliance with the recommendations of the audit
report.
(6) Assign tasks to the Legislative Fiscal Office, the Budget
and Management Division, the Division of Audits or a special task
force.
(7) Review state agency performance measures and make
recommendations for change.
SECTION 6. ORS 184.360 is amended to read:
184.360. (1) As used in this section:
(a) 'Executive department' has the meaning given that term in
ORS 174.112.
(b) 'State government' has the meaning given that term in ORS
174.111.
(2) It is the policy of this state that internal audit
activities within state government be coordinated to promote
effectiveness.
(3) The Oregon Department of Administrative Services shall
adopt rules setting standards and policies for internal audit
functions within state government. The rules shall include, but
are not limited to:
(a) Standards for internal audits that are consistent with and
incorporate commonly recognized industry standards and practices;
and
(b) Policies and procedures that ensure the integrity of the
internal audit process.
(4) Each agency of the executive department required to have an
internal audit function shall produce a risk assessment of the
entire agency that conforms to audit standards established by
nationally recognized entities such as the United States
Government Accountability Office or the Institute of Internal
Auditors. The agency shall use its risk assessment as the basis
for the selection and performance of at least one internal audit
per calendar year.
(5) Each agency of the executive department required to have an
internal audit function shall audit a component of its governance
and risk management processes at least once every five years and
file a report with the Oregon Department of Administrative
Services.
(6) Not later than December 31 of each calendar year, the
Oregon Department of Administrative Services shall prepare
{ - and submit - } a report { + describing internal audit
activities that have occurred in state government during the
calendar year in which the report is prepared. The department
shall submit the report + }to the Joint Legislative Audit
Committee. In the absence of the Joint Legislative Audit
Committee, the department shall submit the report to the Joint
Committee on Ways and Means { + , the Joint Interim Committee on
Ways and Means, + } { - or - } the Emergency Board { + or
another committee of the Legislative Assembly designated by the
President of the Senate and the Speaker of the House of
Representatives to receive the report + }. { - The report shall
describe internal audit activities that have occurred in state
government during the calendar year in which the report is
prepared. - }
SECTION 7. ORS 276.390 is amended to read:
Enrolled Senate Bill 1579 (SB 1579-A) Page 3
276.390. (1) Not later than June 30 of each even-numbered year,
the Oregon Department of Administrative Services shall submit to
the Emergency Board { + or to the Joint Interim Committee on
Ways and Means + }a schedule of rentals proposed for the
biennium beginning on July 1 of the next calendar year. { - Any
changes in an existing schedule of rentals, or rentals for new
buildings or facilities, are subject to approval by the Emergency
Board. - } The Emergency Board { + or the Joint Interim
Committee on Ways and Means + } shall recommend to the next
odd-numbered year regular session of the Legislative Assembly
that it appropriate for each agency occupying space in such a
building or facility an amount sufficient to pay rentals required
under the schedule { - as approved by the Emergency Board - } .
(2) The Emergency Board { - shall adopt - } { + or the
Joint Interim Committee on Ways and Means shall recommend to the
next odd-numbered year regular session of the Legislative
Assembly + } a schedule of rentals for each biennium with respect
to the State Capitol and the Supreme Court Building.
SECTION 8. ORS 291.217 is amended to read:
291.217. (1) As used in this section:
(a) 'Continuous improvement' means a set of actions designed to
permanently improve state agency performance, either in a
specific targeted area or across all levels of an agency, through
the use of structured process analysis and problem solving.
(b) 'Outcomes-based budget' means a budget that allocates
government resources to those uses of taxpayer moneys and fee
revenues that will best produce the outcomes most important to
the residents of this state, that generates options for funding,
that uses service redesign, competition, collaboration and
prioritization to drive continuous improvement and innovations,
and that can be used to align government, nonprofit and private
resources to help produce the desired outcomes.
(c) 'Performance management' means a formal, comprehensive set
of business processes, including strategic planning, performance
measurement, leadership, process management and human resources
that help ensure more efficient and effective management
operations and practices and reduce costs.
(d) 'Performance measurement' means a process of assessing
progress toward achieving predetermined program objectives,
including information on the efficiency with which resources are
transformed into goods and services, the quality of those goods
and services, the results of a program activity compared to its
intended purpose and the effectiveness of state agency operations
in terms of their specific contributions to program objectives.
(e) 'State agency' means every state officer, board,
commission, department, institution, branch or agency of the
state government whose costs are paid wholly or in part from
funds held in the State Treasury.
(f) 'State government' has the meaning given that term in ORS
174.111.
(2) As part of the tentative budget plan and the budget report
required under ORS 291.210 and 291.216, the Oregon Department of
Administrative Services and the Governor shall submit an
outcomes-based budget. The outcomes-based budget shall be based
on the results of state agency continuous improvement actions,
performance management and performance measurement, shall
describe and measure state agency efforts to implement process
improvements and shall reflect state agency efforts to achieve,
through process improvements, quality service delivery at a lower
cost.
Enrolled Senate Bill 1579 (SB 1579-A) Page 4
(3) The budget for each state agency shall:
(a) Identify how the agency is addressing continuous
improvement, performance management and performance measurement;
and
(b) For each agency program, state the number of persons
served, or other units of service provided, by the program.
(4) The Joint Committee on Ways and Means, the Emergency
Board { + , the Joint Interim Committee on Ways and Means + } and
the Legislative Fiscal Office may review performance management
and performance measurement processes for services provided by
contract by state agencies or by school districts.
SECTION 9. ORS 291.373 is amended to read:
291.373. (1) As used in this section, 'state agency' has the
meaning given that term in ORS 291.002.
(2) A state agency shall report, as provided in this section,
to the appropriate committee of the Legislative Assembly if the
agency makes substantive changes in programs after the agency's
budget is approved by the Legislative Assembly.
(3) The Oregon Department of Administrative Services shall
adopt rules defining what constitutes a substantive program
change for purposes of this section. When an agency has made a
substantive program change as defined by the department, the
agency shall notify the department of the change. The department
shall notify the Speaker of the House of Representatives and the
President of the Senate of substantive program changes made by
state agencies.
(4) Based upon information submitted by the Oregon Department
of Administrative Services under subsection (3) of this section,
the Speaker of the House of Representatives and the President of
the Senate shall determine which committee is appropriate for
each report that is to be made under subsection (2) of this
section.
(5) A committee to which a report is to be made under
subsection (2) of this section may request that the report be
made orally or in writing.
(6) An agency need not report to a committee under subsection
(2) of this section on any matter that the agency is required by
ORS 291.371 { - , - } { + or + } 291.375 { - and 291.385 - }
to report or present to the Emergency Board { + , to the Joint
Interim Committee on Ways and Means + }or to the Joint Committee
on Ways and Means.
SECTION 10. ORS 291.375 is amended to read:
291.375. (1) Prior to the submission of any application for
financial assistance or grants from the United States or any
agency { - thereof - } { + of the United States + } by or on
behalf of any agency of this state, the application must be
submitted for legislative review in the following manner:
(a) If the application is to be submitted to the federal
government when the Legislative Assembly is in session, the
application shall be submitted to the Joint Committee on Ways and
Means for review.
(b) If the application is to be submitted to the federal
government when the Legislative Assembly is not in session, the
application shall be submitted to the Emergency Board or to the
{ - interim - } Joint { + Interim + } Committee on Ways and
Means for review.
(2) If the legislative agency authorized under subsection (1)
of this section to review applications described therein approves
the application, it may be submitted to the appropriate federal
agency. If the legislative agency disapproves of the application,
Enrolled Senate Bill 1579 (SB 1579-A) Page 5
it { - shall - } { + may + } not be submitted to any federal
agency unless it is or can be modified to meet the objections of
the legislative agency.
(3) Notwithstanding subsection (1) of this section, the Joint
Committee on Ways and Means { + , + } { - and - } the
Emergency Board { + or the Joint Interim Committee on Ways and
Means + }may exempt any state agency from the requirements of
this section. Project grants for departmental research, organized
activities related to instruction, sponsored research or other
sponsored programs carried on within the Oregon University
System, for which no biennial expenditure limitations have been
established, are exempt from the requirements of this section.
(4) The review required by this section is in addition to and
not in lieu of the requirements of ORS 293.550.
SECTION 11. ORS 314.840 is amended to read:
314.840. (1) The Department of Revenue may:
(a) Furnish any taxpayer, representative authorized to
represent the taxpayer under ORS 305.230 or person designated by
the taxpayer under ORS 305.193, upon request of the taxpayer,
representative or designee, with a copy of the taxpayer's income
tax return filed with the department for any year, or with a copy
of any report filed by the taxpayer in connection with the
return, or with any other information the department considers
necessary.
(b) Publish lists of taxpayers who are entitled to unclaimed
tax refunds.
(c) Publish statistics so classified as to prevent the
identification of income or any particulars contained in any
report or return.
(d) Disclose a taxpayer's name, address, telephone number,
refund amount, amount due, Social Security number, employer
identification number or other taxpayer identification number to
the extent necessary in connection with collection activities or
the processing and mailing of correspondence or of forms for any
report, return or claim required in the administration of ORS
310.630 to 310.706, any local tax under ORS 305.620, or any law
imposing a tax upon or measured by net income.
(2) The department also may disclose and give access to
information described in ORS 314.835 to:
(a) The Governor of the State of Oregon or the authorized
representative of the Governor:
(A) With respect to an individual who is designated as being
under consideration for appointment or reappointment to an office
or for employment in the office of the Governor. The information
disclosed shall be confined to whether the individual:
(i) Has filed returns with respect to the taxes imposed by ORS
chapter 316 for those of not more than the three immediately
preceding years for which the individual was required to file an
Oregon individual income tax return.
(ii) Has failed to pay any tax within 30 days from the date of
mailing of a deficiency notice or otherwise respond to a
deficiency notice within 30 days of its mailing.
(iii) Has been assessed any penalty under the Oregon personal
income tax laws and the nature of the penalty.
(iv) Has been or is under investigation for possible criminal
offenses under the Oregon personal income tax laws. Information
disclosed pursuant to this paragraph shall be used only for the
purpose of making the appointment, reappointment or decision to
employ or not to employ the individual in the office of the
Governor.
Enrolled Senate Bill 1579 (SB 1579-A) Page 6
(B) For use by an officer or employee of the Oregon Department
of Administrative Services duly authorized or employed to prepare
revenue estimates, or a person contracting with the Oregon
Department of Administrative Services to prepare revenue
estimates, in the preparation of revenue estimates required for
the Governor's budget under ORS 291.201 to 291.226, or required
for submission to the Emergency Board { + or the Joint Interim
Committee on Ways and Means + }, or if the Legislative Assembly
is in session, to the Joint Committee on Ways and Means, and to
the Legislative Revenue Officer { + or Legislative Fiscal
Officer + } under ORS 291.342, 291.348 and 291.445. The
Department of Revenue shall disclose and give access to the
information described in ORS 314.835 for the purposes of this
subparagraph only if:
(i) The request for information is made in writing, specifies
the purposes for which the request is made and is signed by an
authorized representative of the Oregon Department of
Administrative Services. The form for request for information
shall be prescribed by the Oregon Department of Administrative
Services and approved by the Director of the Department of
Revenue.
(ii) The officer, employee or person receiving the information
does not remove from the premises of the Department of Revenue
any materials that would reveal the identity of a personal or
corporate taxpayer.
(b) The Commissioner of Internal Revenue or authorized
representative, for tax administration and compliance purposes
only.
(c) For tax administration and compliance purposes, the proper
officer or authorized representative of any of the following
entities that has or is governed by a provision of law that meets
the requirements of any applicable provision of the Internal
Revenue Code as to confidentiality:
(A) A state;
(B) A city, county or other political subdivision of a state;
(C) The District of Columbia; or
(D) An association established exclusively to provide services
to federal, state or local taxing authorities.
(d) The Multistate Tax Commission or its authorized
representatives, for tax administration and compliance purposes
only. The Multistate Tax Commission may make the information
available to the Commissioner of Internal Revenue or the proper
officer or authorized representative of any governmental entity
described in and meeting the qualifications of paragraph (c) of
this subsection.
(e) The Attorney General, assistants and employees in the
Department of Justice, or other legal representative of the State
of Oregon, to the extent the department deems disclosure or
access necessary for the performance of the duties of advising or
representing the department pursuant to ORS 180.010 to 180.240
and the tax laws of this state.
(f) Employees of the State of Oregon, other than of the
Department of Revenue or Department of Justice, to the extent the
department deems disclosure or access necessary for such
employees to perform their duties under contracts or agreements
between the department and any other department, agency or
subdivision of the State of Oregon, in the department's
administration of the tax laws.
(g) Other persons, partnerships, corporations and other legal
entities, and their employees, to the extent the department deems
Enrolled Senate Bill 1579 (SB 1579-A) Page 7
disclosure or access necessary for the performance of such
others' duties under contracts or agreements between the
department and such legal entities, in the department's
administration of the tax laws.
(h) The Legislative Revenue Officer or authorized
representatives upon compliance with ORS 173.850. Such officer or
representative shall not remove from the premises of the
department any materials that would reveal the identity of any
taxpayer or any other person.
(i) The Department of Consumer and Business Services, to the
extent the department requires such information to determine
whether it is appropriate to adjust those workers' compensation
benefits the amount of which is based pursuant to ORS chapter 656
on the amount of wages or earned income received by an
individual.
(j) Any agency of the State of Oregon, or any person, or any
officer or employee of such agency or person to whom disclosure
or access is given by state law and not otherwise referred to in
this section, including but not limited to the Secretary of State
as Auditor of Public Accounts under section 2, Article VI of the
Oregon Constitution; the Department of Human Services pursuant to
ORS 314.860 and 412.094; the Division of Child Support of the
Department of Justice and district attorney regarding cases for
which they are providing support enforcement services under ORS
25.080; the State Board of Tax Practitioners, pursuant to ORS
673.710; and the Oregon Board of Accountancy, pursuant to ORS
673.415.
(k) The Director of the Department of Consumer and Business
Services to determine that a person complies with ORS chapter 656
and the Director of the Employment Department to determine that a
person complies with ORS chapter 657, the following employer
information:
(A) Identification numbers.
(B) Names and addresses.
(C) Inception date as employer.
(D) Nature of business.
(E) Entity changes.
(F) Date of last payroll.
(L) The Director of Human Services to determine that a person
has the ability to pay for care that includes services provided
by the Eastern Oregon Training Center or the Department of Human
Services to collect any unpaid cost of care as provided by ORS
chapter 179.
(m) The Director of the Oregon Health Authority to determine
that a person has the ability to pay for care that includes
services provided by the Blue Mountain Recovery Center or the
Oregon State Hospital or the Oregon Health Authority to collect
any unpaid cost of care as provided by ORS chapter 179.
(n) Employees of the Employment Department to the extent the
Department of Revenue deems disclosure or access to information
on a combined tax report filed under ORS 316.168 is necessary to
performance of their duties in administering the tax imposed by
ORS chapter 657.
(o) The State Fire Marshal to assist the State Fire Marshal in
carrying out duties, functions and powers under ORS 453.307 to
453.414, the employer or agent name, address, telephone number
and standard industrial classification, if available.
(p) Employees of the Department of State Lands for the purposes
of identifying, locating and publishing lists of taxpayers
entitled to unclaimed refunds as required by the provisions of
Enrolled Senate Bill 1579 (SB 1579-A) Page 8
chapter 694, Oregon Laws 1993. The information shall be limited
to the taxpayer's name, address and the refund amount.
(q) In addition to the disclosure allowed under ORS 305.225,
state or local law enforcement agencies to assist in the
investigation or prosecution of the following criminal
activities:
(A) Mail theft of a check, in which case the information that
may be disclosed shall be limited to the stolen document, the
name, address and taxpayer identification number of the payee,
the amount of the check and the date printed on the check.
(B) The counterfeiting, forging or altering of a check
submitted by a taxpayer to the Department of Revenue or issued by
the Department of Revenue to a taxpayer, in which case the
information that may be disclosed shall be limited to the
counterfeit, forged or altered document, the name, address and
taxpayer identification number of the payee, the amount of the
check, the date printed on the check and the altered name and
address.
(r) The United States Postal Inspection Service or a federal
law enforcement agency, including but not limited to the United
States Department of Justice, to assist in the investigation of
the following criminal activities:
(A) Mail theft of a check, in which case the information that
may be disclosed shall be limited to the stolen document, the
name, address and taxpayer identification number of the payee,
the amount of the check and the date printed on the check.
(B) The counterfeiting, forging or altering of a check
submitted by a taxpayer to the Department of Revenue or issued by
the Department of Revenue to a taxpayer, in which case the
information that may be disclosed shall be limited to the
counterfeit, forged or altered document, the name, address and
taxpayer identification number of the payee, the amount of the
check, the date printed on the check and the altered name and
address.
(s) The United States Financial Management Service, for
purposes of facilitating the offsets described in ORS 305.612.
(t) A municipal corporation of this state for purposes of
assisting the municipal corporation in the administration of a
tax of the municipal corporation that is imposed on or measured
by income, wages or net earnings from self-employment. Any
disclosure under this paragraph may be made only pursuant to a
written agreement between the Department of Revenue and the
municipal corporation that ensures the confidentiality of the
information disclosed.
(u) A consumer reporting agency, to the extent necessary to
carry out the purposes of ORS 314.843.
(v) The Public Employees Retirement Board, to the extent
necessary to carry out the purposes of ORS 238.372 to 238.384,
and to any public employer, to the extent necessary to carry out
the purposes of ORS 237.637 (2).
(3)(a) Each officer or employee of the department and each
person described or referred to in subsection (2)(a), (e) to (k)
or (n) to (q) of this section to whom disclosure or access to the
tax information is given under subsection (2) of this section or
any other provision of state law, prior to beginning employment
or the performance of duties involving such disclosure or access,
shall be advised in writing of the provisions of ORS 314.835 and
314.991, relating to penalties for the violation of ORS 314.835,
and shall as a condition of employment or performance of duties
execute a certificate for the department, in a form prescribed by
Enrolled Senate Bill 1579 (SB 1579-A) Page 9
the department, stating in substance that the person has read
these provisions of law, that the person has had them explained
and that the person is aware of the penalties for the violation
of ORS 314.835.
(b) The disclosure authorized in subsection (2)(r) of this
section shall be made only after a written agreement has been
entered into between the Department of Revenue and the person
described in subsection (2)(r) of this section to whom disclosure
or access to the tax information is given, providing that:
(A) Any information described in ORS 314.835 that is received
by the person pursuant to subsection (2)(r) of this section is
confidential information that may not be disclosed, except to the
extent necessary to investigate or prosecute the criminal
activities described in subsection (2)(r) of this section;
(B) The information shall be protected as confidential under
applicable federal and state laws; and
(C) The United States Postal Inspection Service or the federal
law enforcement agency shall give notice to the Department of
Revenue of any request received under the federal Freedom of
Information Act, 5 U.S.C. 552, or other federal law relating to
the disclosure of information.
(4) The Department of Revenue may recover the costs of
furnishing the information described in subsection (2)(k) to (m)
and (o) to (q) of this section from the respective agencies.
SECTION 12. ORS 396.515 is amended to read:
396.515. (1) Subject to the restriction contained in subsection
(4) of this section, the Oregon Military Department may sell,
exchange or lease any military department real property that is
found to have become unsuitable for military department purposes.
The Adjutant General shall make a determination of the
unsuitability of the property for military department purposes
and the advisability or necessity of sale, exchange or lease of
the property.
(2) Title to any real property sold or exchanged shall be given
in the name of the State of Oregon, and the deed conveying the
title shall be signed by the Adjutant General. Title to real
property received in exchange of military department real
property shall be taken in the name of the State of Oregon, and
the control of the property shall be vested in the military
department.
(3) Military department real property owned jointly by the
State of Oregon and the United States, or military department
real property subject to federal restrictions in conflict with
ORS 396.505 to 396.545, shall, with appropriate federal
authorization, be subject to the provisions of ORS 396.505 to
396.545.
(4) Prior to the sale of military department real property, the
military department shall submit to the Legislative Assembly, or
to the Emergency Board { + or the Joint Interim Committee on
Ways and Means + }when the legislature is not in session, the
proposed sale of military department real property, for approval.
SECTION 13. ORS 411.072 is amended to read:
411.072. (1) As used in this section 'policy change ' includes
any change in the operation of public assistance programs that
affects recipients adversely in any substantial manner, including
but not limited to the denial, reduction, modification or delay
of benefits. 'Policy change' does not include any procedural
change that affects internal management but does not adversely
and substantially affect the interest of public assistance
recipients.
Enrolled Senate Bill 1579 (SB 1579-A) Page 10
(2) The Department of Human Services may submit applications
for waiver of federal statutory or regulatory requirements to the
federal government or any agency thereof. Prior to the submission
of any application for waiver that involves a policy change, and
prior to implementation, the department shall do the following:
(a) Conduct a public process regarding the waiver application
or application for waiver renewals;
(b) Prepare a complete summary of the testimony and written
comments received during the public process;
(c) Submit the application for waiver or application for waiver
renewals involving a policy change to the legislative review
agency, as described in ORS 291.375, and present the summary of
testimony and comments described in this section; and
(d) Give notice of the date of its appearance before the
Emergency Board { + , the Joint Interim Committee on Ways and
Means + } or the Joint Committee on Ways and Means in accordance
with ORS 183.335, and before the Family Services Review
Commission.
SECTION 14. ORS 413.072 is amended to read:
413.072. (1) As used in this section, 'policy change ' includes
any change in the operation of medical assistance programs that
affects recipients adversely in any substantial manner, including
but not limited to the denial, reduction, modification or delay
of benefits. 'Policy change' does not include any procedural
change that affects internal management but does not adversely
and substantially affect the interest of medical assistance
recipients.
(2) The Oregon Health Authority may submit applications for
waiver of federal statutory or regulatory requirements to the
federal government or any agency of the federal government. Prior
to the submission of any application for waiver that involves a
policy change, and prior to implementation, the authority shall
do the following:
(a) Conduct a public process regarding the application for
waiver or application for waiver renewals;
(b) Prepare a complete summary of the testimony and written
comments received during the public process;
(c) Submit the application for waiver or application for waiver
renewals involving a policy change to the legislative review
agency, as described in ORS 291.375, and present the summary of
testimony and comments described in this section; and
(d) Give notice of the date of the authority's appearance
before the Emergency Board { + , the Joint Interim Committee on
Ways and Means + }or the Joint Committee on Ways and Means in
accordance with ORS 183.335, and before the Medicaid Advisory
Committee.
SECTION 15. ORS 454.439 is amended to read:
454.439. (1) The Department of Environmental Quality shall use
the moneys in the Assessment Deferral Loan Program Revolving Fund
to provide funds for assessment deferral loan programs
administered by public agencies that meet all of the following
conditions:
(a) The program demonstrates that assessments or charges in
lieu of assessments levied against benefited properties for
construction of treatment works required by a federal grant
agreement or by an order issued by a state commission or agency
will subject property owners to extreme financial hardship.
(b) The governing body has adopted a program and the department
has approved the program.
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(c) The treatment works meets the requirements of section 2,
Article XI-H of the Oregon Constitution concerning eligibility of
pollution control bond funds.
(2) The department also may use the moneys in the Assessment
Deferral Loan Program Revolving Fund to pay the expenses of the
department in administering the Assessment Deferral Loan Program
Revolving Fund and to repay capitalization loans.
(3) In administering the Assessment Deferral Loan Program
Revolving Fund, the department shall:
(a) Allocate funds to public agencies for assessment deferral
loan programs in accordance with a priority list adopted by the
Environmental Quality Commission.
(b) Use accounting, audit and fiscal procedures that conform to
generally accepted government accounting standards.
(c) Prepare any reports required by the federal government as a
condition to the award of federal capitalization grants.
(4) The Department of Environmental Quality shall submit an
informational report to the Joint Committee on Ways and Means or,
if during the interim between sessions of the Legislative
Assembly, to the Emergency Board { + or to the Joint Interim
Committee on Ways and Means + }before awarding the first loan
from the Assessment Deferral Loan Program Revolving Fund. The
report shall describe the assessment deferral loan program and
set forth in detail the operating procedures of the program.
SECTION 16. ORS 468.220 is amended to read:
468.220. (1) The Department of Environmental Quality
{ - shall be - } { + is + } the agency for the State of Oregon
for the administration of the Pollution Control Fund. The
department is { - hereby - } authorized to use the Pollution
Control Fund for one or more of the following purposes:
(a) To grant funds not to exceed 30 percent of total project
costs for eligible projects as defined in ORS 454.505 or sewerage
systems as defined in ORS 468B.005.
(b) To acquire, by purchase, or otherwise, general obligation
bonds or other obligations of any municipal corporation, city,
county, or agency of the State of Oregon, or combinations
thereof, issued or made for the purpose of paragraph (a) of this
subsection in an amount not to exceed 100 percent of the total
project costs for eligible projects.
(c) To acquire, by purchase, or otherwise, other obligations of
any city that are authorized by its charter in an amount not to
exceed 100 percent of the total project costs for eligible
projects.
(d) To grant funds not to exceed 30 percent of the total
project costs for facilities for the disposal of solid waste,
including without being limited to, transfer and resource
recovery facilities.
(e) To make loans or grants to any municipal corporation, city,
county, or agency of the State of Oregon, or combinations
thereof, for planning of eligible projects as defined in ORS
454.505, sewerage systems as defined by ORS 468B.005 or
facilities for the disposal of solid waste, including without
being limited to, transfer and resource recovery facilities.
Grants made under this paragraph shall be considered a part of
any grant authorized by paragraph (a) or (d) of this subsection
if the project is approved.
(f) To acquire, by purchase, or otherwise, general obligation
bonds or other obligations of any municipal corporation, city,
county, or agency of the State of Oregon, or combinations
thereof, issued or made for the purpose of paragraph (d) of this
Enrolled Senate Bill 1579 (SB 1579-A) Page 12
subsection in an amount not to exceed 100 percent of the total
project costs.
(g) To advance funds by contract, loan or otherwise, to any
municipal corporation, city, county or agency of the State of
Oregon, or combination thereof, for the purpose of paragraphs (a)
and (d) of this subsection in an amount not to exceed 100 percent
of the total project costs.
(h) To pay compensation required by law to be paid by the state
for the acquisition of real property for the disposal by storage
of environmentally hazardous wastes.
(i) To dispose of environmentally hazardous wastes by the
Department of Environmental Quality whenever the department finds
that an emergency exists requiring such disposal.
(j) To acquire for the state real property and facilities for
the disposal by landfill, storage or otherwise of solid waste,
including but not limited to, transfer and resource recovery
facilities.
(k) To acquire for the state real property and facilities for
the disposal by incineration or otherwise of hazardous waste or
PCB.
(L) To provide funding for the Assessment Deferral Loan Program
Revolving Fund established in ORS 454.436.
(m) To provide funding for the Orphan Site Account established
in ORS 465.381 but only to the extent that the department
reasonably estimates that debt service from bonds issued to
finance such facilities or activities shall be fully paid from
fees collected pursuant to ORS 453.402 (2)(c), under ORS 459.236
and under ORS 465.101 to 465.131 for the purpose of providing
funds for the Orphan Site Account and other available funds, but
not from repayments of financial assistance under ORS 465.265 to
465.310 or from moneys recovered from responsible parties.
(n) To advance funds by contract, loan or otherwise, to any
municipal corporation, city, county or agency of this state, or
combination thereof, for facilities or activities related to
removal or remedial action of hazardous substances.
(o) To provide funding for the Water Pollution Control
Revolving Fund established under ORS 468.427, either as a grant
or an advance. If the funding provided is an advance, the
department shall establish the program described in ORS 468.433
(2) to pay the bonds that funded the advance.
(p) To fund loans to or buy debt obligations of a public
agency, as defined in ORS 468.423, that finance the costs of
treatment works, as defined in ORS 468.423, which are funded in
part through the Water Pollution Control Revolving Fund.
(q) To provide funding for remedial actions related to
contaminated sediment found in the submerged and submersible
lands, as those terms are defined in ORS 274.005, within the
Willamette River between Swan Island and the confluence of the
Willamette and Columbia Rivers and associated remedial actions.
The funding provided under this paragraph may be used for
remedial action costs, as defined in ORS 465.200.
(2) The facilities referred to in subsection (1)(a) to (c) of
this section shall be only such as conservatively appear to the
department to be not less than 70 percent self-supporting and
self-liquidating from revenues, gifts, grants from the federal
government, user charges, assessments and other fees.
(3) The facilities referred to subsection (1)(d), (f) and (g)
of this section shall be only such as conservatively appear to
the department to be not less than 70 percent self-supporting and
Enrolled Senate Bill 1579 (SB 1579-A) Page 13
self-liquidating from revenues, gifts, grants from the federal
government, user charges, assessments and other fees.
(4) The real property and facilities that receive funding under
subsection (1)(j), (k), (o) and (p) of this section shall be only
such as conservatively appear to the department to be not less
than 70 percent self-supporting and self-liquidating from
revenues, gifts, grants from the federal government, user
charges, assessments and other fees.
(5) The department may sell or pledge any bonds, notes or other
obligations acquired under subsection (1)(b) of this section.
(6) Before making a loan or grant to or acquiring general
obligation bonds or other obligations of a municipal corporation,
city, county or agency for facilities for the disposal of solid
waste or planning for such facilities, the department shall
require the applicant to demonstrate that it has adopted a solid
waste management plan that has been approved by the department.
The plan must include a waste reduction program.
(7) Any grant authorized by this section shall be made only
with the prior review of the Joint Committee on Ways and Means
during the legislative sessions or the Emergency Board { + or
the Joint Interim Committee on Ways and Means + }during the
interim period between sessions.
(8) The department may assess those entities to whom grants and
loans are made under this section to recover expenses incurred in
administering this section.
SECTION 17. ORS 656.612 is amended to read:
656.612. (1) The Director of the Department of Consumer and
Business Services shall impose and collect assessments from all
insurers, self-insured employers and self-insured employer groups
in an amount sufficient to pay the expenses of the Department of
Consumer and Business Services under this chapter and ORS chapter
654 and under the Insurance Code. The assessments shall be paid
in
{ - such - } { + the + } manner and at { - such - }
intervals as the director may direct and when collected shall be
deposited in the Consumer and Business Services Fund.
{ - Such - } { + The + } receipts in the account are
continuously appropriated to the department for the purpose
described in this subsection.
(2) The assessments shall be levied against the insurers'
direct earned premium and the direct earned premium self-insured
employers and self-insured employer groups would have paid had
they been insured employers.
(3) The director may impose and collect an additional
assessment from self-insured employer groups in an amount
sufficient to pay the additional expenses involved in
administering the group self-insured program.
(4) The director may establish a minimum assessment applicable
to all insurers, self-insured employers and self-insured employer
groups and shall establish the time, manner and method of
imposing and collecting assessments subject to applicable
budgeting and fiscal laws.
(5) The assessments required under this section shall be
developed pursuant to ORS 183.310 to 183.410 and in such a manner
that will reasonably and substantially accomplish the objective
of subsection (2) of this section at the least possible
administrative cost to everyone.
(6) Assessments developed by the department under this section
shall be reported to the Joint { - Legislative - } Committee
on Ways and Means or, during the interim between sessions of the
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Legislative Assembly, to the Emergency Board { + or to the Joint
Interim Committee on Ways and Means + }.
SECTION 18. ORS 731.272 is amended to read:
731.272. (1) The Director of the Department of Consumer and
Business Services shall prepare annually, as soon after March 1
as is consistent with full and accurate preparation, a report of
the official transactions of the director under the Insurance
Code. The report shall include:
(a) In condensed form statements made to the director by every
insurer authorized to do business in this state.
(b) A statement of all insurers authorized to do business in
this state as of the date of the report.
(c) A list of insurers whose business in this state was
terminated and the reason for the termination. If the termination
was a result of liquidation or delinquency proceedings brought
against the insurer in this or any other state, the report shall
include the amount of the insurer's assets and liabilities so far
as those amounts are known to the director.
(d) A statement of the operating expenses of the Department of
Consumer and Business Services under the Insurance Code,
including salaries, transportation, communication, printing,
office supplies, fixed charges and miscellaneous expenses.
(e) A detailed statement of the moneys, fees and taxes received
by the department under the Insurance Code and from what source.
(f) Any other pertinent information and matters as the director
considers to be in the public interest.
(2) The director shall give notice of the publication of the
report to:
(a) The office of the Speaker of the House of Representatives;
(b) The office of the President of the Senate; and
(c) The chair or cochairs of the Joint { - Legislative - }
Committee on Ways and Means if the Legislative Assembly is in
session or of the Emergency Board { + or the Joint Interim
Committee on Ways and Means + }if during the interim.
{ +
MISCELLANEOUS REPORTING REQUIREMENTS + }
SECTION 19. ORS 278.125 is amended to read:
278.125. (1) The Oregon Department of Administrative Services
is authorized to negotiate for and purchase such insurance as
{ - it - } { + the department + } deems necessary or desirable
to accomplish the purposes of this chapter and ORS 30.260 to
30.300 and 278.322, or such other insurance or reinsurance as may
be desirable to insure the state, participating local public
bodies or their officers, employees or agents against liability.
(2) The premium for { - such - } { + the + } insurance
shall be paid from the Insurance Fund as either an administrative
expense or charged to the benefiting state agency, agencies or
participating local public bodies.
(3) The department { - shall - } { + may + } not implement
any plan of self-insurance insuring any part of the liability of
the state or its officers, employees or agents under ORS 30.260
to 30.300 until after the plan has been submitted to and approved
by the Joint { + Committee on + } Ways and Means
{ - Committee - } of the Legislative Assembly { - , if the
legislature is in session, or the Emergency Board - } .
SECTION 20. ORS 286A.160 is amended to read:
286A.160. (1) Notwithstanding any law limiting expenditures of
a state agency, for the purpose of repaying obligations of the
Enrolled Senate Bill 1579 (SB 1579-A) Page 15
state to obtain savings in total or periodic debt service
payments, a law limiting expenditures does not apply to payments
approved by the State Treasurer for administrative expenses, debt
service or financing costs that are necessary or appropriate for
the retirement or refunding of bonds unless the law limiting
expenditures creates a specific exception to this section.
(2) The Oregon Department of Administrative Services may
establish administrative limitations on the payment and recording
of expenditures made pursuant to subsection (1) of this section.
(3) The Oregon Department of Administrative Services shall
report incurred expenses and debt service savings resulting from
actions taken under subsection (1) of this section that affect
administrative expenses, debt service or financing costs paid
with moneys out of the General Fund or lottery funds, within 90
days of taking action, to the Joint Committee on Ways and Means
if the Legislative Assembly is in session or to the Emergency
Board { + or to the Joint Interim Committee on Ways and
Means + } during the interim between legislative sessions.
SECTION 21. ORS 291.342 is amended to read:
291.342. (1) By August 15 of each year, but not earlier than 90
days from the end of the regular session of the Legislative
Assembly held in that calendar year, the Oregon Department of
Administrative Services, with the assistance of the Department of
Revenue, shall:
(a) Ascertain by computation and estimate the total amount of
revenue available for state purposes for the current fiscal year;
and
(b) Apportion the state tax levy on property, if any, among the
several counties in the manner provided in ORS 291.445.
(2) In addition to the requirement in subsection (1) of this
section, the Oregon Department of Administrative Services with
the assistance of the Department of Revenue shall for each
calendar quarter of the year ascertain by computation and
estimate the total amount of revenue available for state purposes
for the current fiscal year, as well as the amount of revenue
received quarterly, cumulated throughout the biennium, and report
its estimate to the Legislative Revenue Officer and to the
{ - Emergency Board, or if the Legislative Assembly is in
session, to the Joint Committee on Ways and Means - } { +
Legislative Fiscal Officer + }.
(3) In carrying out its duties under subsection (2) of this
section, the Oregon Department of Administrative Services shall
issue quarterly a statement setting forth the methodology and
assumptions used in making the revenue estimate. Nothing in this
subsection requires the statement to set forth procedures used or
methods used to determine either the methodology or the
assumptions.
SECTION 22. ORS 291.349 is amended to read:
291.349. (1) As soon as practicable after adjournment sine die
of the odd-numbered year regular session of the Legislative
Assembly, the Oregon Department of Administrative Services shall
report to the { - Emergency Board - } { + Legislative Revenue
Officer and the Legislative Fiscal Officer + } the estimate as of
July 1 of the first year of the biennium of General Fund and
State Lottery Fund revenues that will be received by the state
during that biennium. The Oregon Department of Administrative
Services shall base its estimate on the last forecast given to
the Legislative Assembly before adjournment sine die of the
odd-numbered year regular session on which the printed, adopted
budget prepared in the Oregon Department of Administrative
Enrolled Senate Bill 1579 (SB 1579-A) Page 16
Services is based, adjusted only insofar as necessary to reflect
changes in laws adopted at that session. The report shall contain
the estimated revenues from corporate income and excise taxes
separately from the estimated revenues from other General Fund
sources. The Oregon Department of Administrative Services may
revise the estimate if necessary following adjournment sine die
of a special session or an even-numbered year regular session of
the Legislative Assembly, but any revision does not affect the
basis of the computation described in subsection (3) or (4) of
this section.
(2) As soon as practicable after the end of the biennium, the
Oregon Department of Administrative Services shall report to the
{ - Emergency Board - } { + Legislative Revenue Officer and
the Legislative Fiscal Officer + }, or the Legislative Assembly
if it is in session, the amount of General Fund revenues
collected as of the last June 30 of the preceding biennium. The
report shall contain the collections from corporate income and
excise taxes separately from collections from other sources.
(3) If the revenues received from the corporate income and
excise taxes during the biennium exceed the amounts estimated to
be received from such taxes for the biennium, as estimated after
adjournment sine die of the odd-numbered year regular session, by
two percent or more, the total amount of that excess shall be
credited to corporate income and excise taxpayers in a percentage
amount of prior year corporate excise and income tax liability as
determined under subsection (5) of this section. However, no
credit shall be allowed against tax liability imposed by ORS
317.090.
(4) If the revenues received from General Fund revenue sources,
exclusive of those described in subsection (3) of this section,
during the biennium exceed the amounts estimated to be received
from such sources for the biennium, as estimated after
adjournment sine die of the odd-numbered year regular session, by
two percent or more, there shall be credited to personal income
taxpayers an amount equal to the total amount of that excess,
reduced by the cost certified by the Department of Revenue under
ORS 291.351 as being allocable to credits described under this
subsection. The excess amount to be credited shall be credited to
personal income taxpayers in a percentage amount of prior year
personal income tax liability as determined under subsection (5)
of this section.
(5)(a) If there is an excess to be credited under subsection
(3) or (4) of this section, or both, on or before October 1,
following the end of each biennium, the Oregon Department of
Administrative Services shall determine and certify to the
Department of Revenue the percentage amounts of credit for
purposes of subsection (3) or (4) of this section. The percentage
amounts determined shall be percentage amounts to the nearest
one-tenth of a percent that will distribute the excess to be
credited either to corporate excise and income taxpayers or to
personal income taxpayers.
(b) The percentage amount applicable to subsection (3) of this
section shall equal the amount distributed under subsection (3)
of this section divided by the estimated total corporate income
and excise tax liability for all corporate income and excise
taxpayers for tax years beginning in the calendar year
immediately preceding the calendar year in which the excess is
determined.
(c) The amount of the surplus credit under subsection (3) of
this section is determined by multiplying the percentage amount
Enrolled Senate Bill 1579 (SB 1579-A) Page 17
determined under paragraph (b) of this subsection by the total
amount of a corporate income or excise taxpayer's tax liability
for the tax year beginning in the calendar year immediately
preceding the calendar year in which the excess is determined in
order to calculate the amount to be credited to the taxpayer.
(d) The percentage amount applicable to subsection (4) of this
section shall equal the amount distributed under subsection (4)
of this section divided by the estimated total personal income
tax liability for all personal income taxpayers for tax years
beginning in the calendar year immediately preceding the calendar
year in which the excess is determined.
(e) The amount of the surplus credit under subsection (4) of
this section is determined by multiplying the percentage amount
determined under paragraph (d) of this subsection by the total
amount of a personal income taxpayer's tax liability for the tax
year beginning in the calendar year immediately preceding the
calendar year in which the excess is determined in order to
calculate the amount to be credited to the taxpayer.
(f) The credit shall be determined based on the tax liability
as shown on the return of the taxpayer or as corrected by the
Department of Revenue.
(g) The credit shall be computed after the allowance of a
credit provided under ORS 316.082, 316.131 or 316.292, but before
the allowance of any other credit or offset against tax liability
allowed or allowable under any provision of law of this state,
and before the application of estimated tax payments, withholding
or other advance tax payments.
(h) For corporate income and excise taxpayers, if a credit
applied against tax liability as described in paragraph (g) of
this subsection reduces tax liability to zero and an amount of
the credit remains unused, the remaining unused amount shall be
carried forward and applied against tax liability as prescribed
in paragraph (g) of this subsection in the succeeding tax year.
Following application of the credit against tax liability in a
succeeding tax year, any amount continuing to remain unused shall
be carried forward and applied against tax liability in a
succeeding tax year until all remaining amounts of unused credit
are offset against tax liability.
(i) For personal income taxpayers, if a credit applied against
tax liability as described in paragraph (g) of this subsection
reduces tax liability to zero and an amount of the credit remains
unused, the remaining unused amount shall be refunded to the
taxpayer. For purposes of ORS chapters 305, 314, 315 and 316,
refunds issued under this paragraph are refunds of an overpayment
of tax imposed under ORS chapter 316.
(j) Notwithstanding paragraph (g) of this subsection, if an
excess is credited under subsection (3) of this section for a tax
year and an unused credit amount from a prior tax year is carried
forward to the tax year as prescribed under paragraph (h) of this
subsection, the amount of the carryforward credit shall be
applied against tax liability prior to applying the new credit.
(k) The Department of Revenue may prescribe by rule the manner
of calculating and claiming a credit if the filing status of a
taxpayer changes between the tax year for which a credit may be
claimed and the succeeding tax year.
(6) A refund may not be made under this section to a taxpayer
if the amount of the refund is less than $1.
(7) Not later than October 15 following the end of the
biennium, the Department of Revenue shall provide information and
guidance to taxpayers relating to the calculation of the credit.
Enrolled Senate Bill 1579 (SB 1579-A) Page 18
The department may make the information and guidance available
electronically or otherwise.
(8) The Department of Revenue may adopt rules specifying the
manner for issuing refunds under this section to taxpayers who
filed returns in the tax year on which the credit is computed but
who are not required to file returns in the year in which the
credit could be claimed.
SECTION 23. ORS 390.124 is amended to read:
390.124. (1) In accordance with any applicable provision of ORS
chapter 183, the State Parks and Recreation Commission may adopt
rules necessary to carry out the duties, functions and powers
imposed by law upon the commission and the State Parks and
Recreation Department. Rules adopted pursuant to this section
shall be duly entered in the minutes and records of the
commission.
(2) The commission may adopt rules that assess reasonable
charges { - , including fee reductions, waivers and
exemptions, - } for the use of areas established and maintained
by the department. { + The department may also adopt rules
establishing reductions in waivers of or exemption from the
charges. + } However, the commission shall authorize the use of
any state park, individual campsite or day use fee area without
charge:
(a) Upon the showing of proper identification, by a person
maintaining a foster home, as defined by ORS 418.625, and the
person's children, when accompanied by a foster child residing in
the home.
(b) Upon the showing of proper identification, by a person
maintaining a developmental disability child foster home, as
defined by ORS 443.830, and the person's children, when
accompanied by a foster child residing in the home.
(c) If a deed to, lease of or contract to use the property used
as a state park, campsite or day use fee area prohibits the
charging of fees for use of the property.
(d) Upon the showing of proper identification, by either a
disabled veteran or a person on leave from military active duty
status on Memorial Day, Independence Day or Veterans Day.
{ - (3) The commission shall report to an appropriate
committee of the Legislative Assembly, no later than January 31
of each odd-numbered year, on the fee reductions, waivers and
exemptions adopted by rule by the commission pursuant to
subsection (2) of this section. - }
{ - (4) - } { + (3) + } The commission shall adopt any
rules pursuant to ORS chapter 183 that the commission considers
necessary to carry out ORS 273.563 to 273.591.
SECTION 24. ORS 390.134 is amended to read:
390.134. (1) As used in this section:
(a) 'Camper' has the meaning given that term in ORS 801.180.
(b) 'County' includes a metropolitan service district organized
under ORS chapter 268, but only to the extent that the district
has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental
agreement.
(c) 'Motor home' has the meaning given that term in ORS
801.350.
(d) 'Travel trailer' has the meaning given that term in ORS
801.565.
(2) The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. Moneys
in the fund are continuously appropriated to the State Parks and
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Recreation Department for the purposes provided by law. The fund
shall consist of the following:
(a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund must be credited to the fund.
(b) All registration fees received by the Department of
Transportation for campers, motor homes and travel trailers that
are transferred to the fund under ORS 366.512. The funds must be
deposited in a separate subaccount established under subsection
(3) of this section.
(c) Revenue from { - fees and - } charges pursuant to ORS
390.124.
(3) Any moneys placed in the fund for a particular purpose may
be placed in a separate subaccount within the fund. Each separate
subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the
purposes for which they are deposited.
(4) All of the moneys in the fund except those moneys described
in subsection (3), (5), (6), (7), (8) or (9) of this section must
be deposited in a separate subaccount within the fund and used by
the State Parks and Recreation Department for the acquisition,
development, maintenance, care and use of park and recreation
sites and for the maintenance and operation of the Oregon State
Fair. The moneys { + deposited + } in the subaccount under this
subsection must be accounted for separately and stated separately
in the State Parks and Recreation Department's biennial budget.
(5)(a) Thirty-five percent of the amount transferred to the
State Parks and Recreation Department under ORS 366.512 from the
registration of travel trailers, campers and motor homes and
under ORS 803.601 from recreational vehicle trip permits must be
deposited in a separate subaccount within the fund to be
distributed for the acquisition, development, maintenance, care
and use of county park and recreation sites. The moneys
{ + deposited + } in the subaccount under this paragraph must be
accounted for separately. The following apply to the distribution
of moneys under this paragraph:
(A) The moneys must be distributed among the several counties
for the purposes described in this paragraph. The distribution
shall be made at times determined by the State Parks and
Recreation Department but must be made not less than once a year.
(B) The sums designated under this paragraph must be remitted
to the county treasurers of the several counties by warrant.
(b) The department shall establish an advisory committee to
advise the department in the performance of its duties under this
subsection. The composition of the advisory committee under this
subsection is as determined by the department by rule. In
determining the composition of the advisory committee, the
department shall attempt to provide reasonable representation for
county officials or employees with responsibilities relating to
county parks and recreation sites.
(c) The department, by rule, shall establish a program to
provide moneys to counties for the acquisition, development,
maintenance, care and use of county park and recreation sites.
The rules under this paragraph shall provide for distribution of
moneys based on use and need and, as the department determines
necessary, on the need for the development and maintenance of
facilities to provide camping sites for campers, motor homes and
travel trailers.
Enrolled Senate Bill 1579 (SB 1579-A) Page 20
(6) The department shall create a separate City and County
Subaccount within the fund to be used to reimburse cities and
counties as provided in ORS 390.290.
(7) The department shall create a separate rural Fire
Protection District Subaccount to be used to provide funds for
the fire protection districts as provided in ORS 390.290.
(8) Twelve percent of the amount transferred to the State Parks
and Recreation Department Fund from the Parks Subaccount shall be
used only to carry out the purposes and achievements described in
ORS 390.135 (2) and (3) through the awarding of grants to
regional or local government entities to acquire property for
public parks, natural areas or outdoor recreation areas or to
develop or improve public parks, natural areas or outdoor
recreation areas. Moneys described in this subsection may not be
used to pay the cost of administering grants or the cost of any
Secretary of State audit required under section 4c, Article XV of
the Oregon Constitution.
(9) If the amount transferred to the State Parks and Recreation
Department Fund from the Parks Subaccount during a biennium is
more than 150 percent of the amount that was transferred during
the 2009-2011 biennium, the State Treasurer shall, during the
next following biennium, deposit for use as described in
subsection (8) of this section the amount required under
subsection (8) of this section plus an amount equal to the
difference between the amount deposited for use as described in
subsection (8) of this section during the preceding biennium and
25 percent of the moneys transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount during the
preceding biennium.
(10) Subsections (8) and (9) of this section apply only for
biennia in which the Legislative Assembly does not require a
greater percentage of the amount transferred to the State Parks
and Recreation Department Fund from the Parks Subaccount to be
used for the purposes described in subsection (8) of this
section. The Legislative Assembly may not authorize the
percentage of the amount transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount that is
deposited for use as described in subsection (8) of this section
in a biennium to be less than the percentage required to be
deposited under subsections (8) and (9) of this section.
{ - (11) On or before January 15 of each odd-numbered year,
the State Parks and Recreation Director shall report to the Joint
Committee on Ways and Means created by ORS 171.555 on the use of
moneys deposited pursuant to ORS 805.256 in the fund.
Notwithstanding ORS 192.230 to 192.250, the director shall make
the report in a form and manner as the committee may
prescribe. - }
{ - (12) - } { + (11) + } On or before January 15 of each
odd-numbered year, the director shall submit a report to the
Joint Committee on Ways and Means created by ORS 171.555 { + , or
the Joint Interim Committee on Ways and Means, + } that describes
the measurable biennial and cumulative results of activities and
programs financed by moneys transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount.
Notwithstanding ORS 192.230 to 192.250, the director shall make
the report in a form and manner as the committee may prescribe.
SECTION 25. ORS 390.134, as amended by section 2, chapter 792,
Oregon Laws 2007, section 47, chapter 11, Oregon Laws 2009, and
section 5, chapter 643, Oregon Laws 2011, is amended to read:
390.134. (1) As used in this section:
Enrolled Senate Bill 1579 (SB 1579-A) Page 21
(a) 'Camper' has the meaning given that term in ORS 801.180.
(b) 'County' includes a metropolitan service district organized
under ORS chapter 268, but only to the extent that the district
has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental
agreement.
(c) 'Motor home' has the meaning given that term in ORS
801.350.
(d) 'Travel trailer' has the meaning given that term in ORS
801.565.
(2) The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. Moneys
in the fund are continuously appropriated to the State Parks and
Recreation Department for the purposes provided by law. The fund
shall consist of the following:
(a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund must be credited to the fund.
(b) All registration fees received by the Department of
Transportation for campers, motor homes and travel trailers that
are transferred to the fund under ORS 366.512. The funds must be
deposited in a separate subaccount established under subsection
(3) of this section.
(c) Revenue from { - fees and - } charges pursuant to ORS
390.124.
(3) Any moneys placed in the fund for a particular purpose may
be placed in a separate subaccount within the fund. Each separate
subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the
purposes for which they are deposited.
(4) All of the moneys in the fund except those moneys described
in subsection (3), (5), (6), (7), (8) or (9) of this section must
be deposited in a separate subaccount within the fund and used by
the State Parks and Recreation Department for the acquisition,
development, maintenance, care and use of park and recreation
sites and for the maintenance and operation of the Oregon State
Fair. The moneys { + deposited + } in the subaccount under this
subsection must be accounted for separately and stated separately
in the State Parks and Recreation Department's biennial budget.
(5)(a) Thirty percent of the amount transferred to the State
Parks and Recreation Department under ORS 366.512 from the
registration of travel trailers, campers and motor homes and
under ORS 803.601 from recreational vehicle trip permits must be
deposited in a separate subaccount within the fund to be
distributed for the acquisition, development, maintenance, care
and use of county park and recreation sites. The moneys
{ + deposited + } in the subaccount under this paragraph must be
accounted for separately. The following apply to the distribution
of moneys under this paragraph:
(A) The moneys must be distributed among the several counties
for the purposes described in this paragraph. The distribution
shall be made at times determined by the State Parks and
Recreation Department but must be made not less than once a year.
(B) The sums designated under this paragraph must be remitted
to the county treasurers of the several counties by warrant.
(b) The department shall establish an advisory committee to
advise the department in the performance of its duties under this
subsection. The composition of the advisory committee under this
subsection is as determined by the department by rule. In
determining the composition of the advisory committee, the
Enrolled Senate Bill 1579 (SB 1579-A) Page 22
department shall attempt to provide reasonable representation for
county officials or employees with responsibilities relating to
county parks and recreation sites.
(c) The department, by rule, shall establish a program to
provide moneys to counties for the acquisition, development,
maintenance, care and use of county park and recreation sites.
The rules under this paragraph shall provide for distribution of
moneys based on use and need and, as the department determines
necessary, on the need for the development and maintenance of
facilities to provide camping sites for campers, motor homes and
travel trailers.
(6) The department shall create a separate City and County
Subaccount within the fund to be used to reimburse cities and
counties as provided in ORS 390.290.
(7) The department shall create a separate rural Fire
Protection District Subaccount to be used to provide funds for
the fire protection districts as provided in ORS 390.290.
(8) Twelve percent of the amount transferred to the State Parks
and Recreation Department Fund from the Parks Subaccount shall be
used only to carry out the purposes and achievements described in
ORS 390.135 (2) and (3) through the awarding of grants to
regional or local government entities to acquire property for
public parks, natural areas or outdoor recreation areas or to
develop or improve public parks, natural areas or outdoor
recreation areas. Moneys described in this subsection may not be
used to pay the cost of administering grants or the cost of any
Secretary of State audit required under section 4c, Article XV of
the Oregon Constitution.
(9) If the amount transferred to the State Parks and Recreation
Department Fund from the Parks Subaccount during a biennium is
more than 150 percent of the amount that was transferred during
the 2009-2011 biennium, the State Treasurer shall, during the
next following biennium, deposit for use as described in
subsection (8) of this section the amount required under
subsection (8) of this section plus an amount equal to the
difference between the amount deposited for use as described in
subsection (8) of this section during the preceding biennium and
25 percent of the moneys transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount during the
preceding biennium.
(10) Subsections (8) and (9) of this section apply only for
biennia in which the Legislative Assembly does not require a
greater percentage of the amount transferred to the State Parks
and Recreation Department Fund from the Parks Subaccount to be
used for the purposes described in subsection (8) of this
section. The Legislative Assembly may not authorize the
percentage of the amount transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount that is
deposited for use as described in subsection (8) of this section
in a biennium to be less than the percentage required to be
deposited under subsections (8) and (9) of this section.
{ - (11) On or before January 15 of each odd-numbered year,
the State Parks and Recreation Director shall report to the Joint
Committee on Ways and Means created by ORS 171.555 on the use of
moneys deposited pursuant to ORS 805.256 in the fund.
Notwithstanding ORS 192.230 to 192.250, the director shall make
the report in a form and manner as the committee may
prescribe. - }
{ - (12) - } { + (11) + } On or before January 15 of each
odd-numbered year, the director shall submit a report to the
Enrolled Senate Bill 1579 (SB 1579-A) Page 23
Joint Committee on Ways and Means created by ORS 171.555 { + , or
the Joint Interim Committee on Ways and Means, + } that describes
the measurable biennial and cumulative results of activities and
programs financed by moneys transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount.
Notwithstanding ORS 192.230 to 192.250, the director shall make
the report in a form and manner as the committee may prescribe.
{ +
CRIMINAL INJURIES COMPENSATION ACCOUNT + }
SECTION 26. { + Notwithstanding ORS 31.735, 131A.410, 137.183
and 147.225 and section 3, chapter 670, Oregon Laws 2011, the
amount of $56,200,000 is transferred from the Criminal Injuries
Compensation Account to the General Fund for general governmental
purposes. + }
{ +
SECRETARY OF STATE + }
SECTION 27. { + Notwithstanding ORS 56.041 and in addition to
the transfers required by ORS 56.041 (4), the amount of
$1,057,904 is transferred from the Operating Account to the
General Fund for general governmental purposes. + }
{ +
ECONOMIC DEVELOPMENT + }
SECTION 28. { + Notwithstanding section 3, chapter 93, Oregon
Laws 2010, the amount of $3,692,500 is transferred from the
Building Opportunities for Oregon Small Business Today Account of
the Oregon Business Development Fund to the General Fund for
general governmental purposes. + }
{ +
GOVERNOR'S OFFICE + }
SECTION 29. { + The Governor's Office Operating Fund is
established in the State Treasury, separate and distinct from the
General Fund. Moneys in the Governor's Office Operating Fund are
continuously appropriated to the Office of the Governor for the
operating expenses of the Office of the Governor. The fund shall
consist of moneys appropriated or transferred to the fund and
moneys received under section 30 of this 2012 Act. + }
SECTION 30. { + The Office of the Governor may receive gifts,
grants or contributions from any source, whether public or
private. Moneys received under this section shall be deposited in
the Governor's Office Operating Fund established by section 29 of
this 2012 Act. + }
{ +
OREGON HEALTH AUTHORITY + }
SECTION 31. { + Notwithstanding ORS 431.832 (2), the amount of
$1,500,000 is transferred from the Tobacco Use Reduction Account
to the General Fund for general governmental purposes. The
transfer shall be made not later than June 30, 2013. + }
SECTION 32. { + (1) Notwithstanding ORS 426.506, during the
period beginning July 1, 2012, and ending June 30, 2013, the
Oregon Health Authority may transfer from the Community Housing
Enrolled Senate Bill 1579 (SB 1579-A) Page 24
Trust Account established by ORS 426.506 to the Oregon Health
Authority Fund established by ORS 413.101 an amount not to exceed
$5,726,586.
(2) Moneys transferred from the Community Housing Trust Account
under subsection (1) of this section may be used only for
community mental health services provided to children and adults
with mental illness. + }
{ +
EMPLOYMENT DEPARTMENT + }
SECTION 33. { + Notwithstanding ORS 657.822, the amount of
$1,100,000 is transferred from the Employment Department Special
Administrative Fund to the General Fund for general governmental
purposes. + }
SECTION 34. { + Notwithstanding ORS 657.783, the amount of
$9,000,000 is transferred from the Supplemental Employment
Department Administration Fund to the General Fund for general
governmental purposes. + }
{ +
DEPARTMENT OF REVENUE + }
SECTION 35. { + Notwithstanding section 7, chapter 710, Oregon
Laws 2009, the amount of $3,000,000 is transferred from the Tax
Amnesty Fund to the General Fund for general governmental
purposes. + }
{ +
STATE FINANCE + }
SECTION 36. Section 3, chapter 21, Oregon Laws 2011, as amended
by section 3, chapter 496, Oregon Laws 2011, is amended to read:
{ + Sec. 3. + } (1) Based on the findings in section 1,
chapter 21, Oregon Laws 2011, and pursuant to section 4 (6),
Article XV of the Oregon Constitution, on { - June 1, 2012 - }
{ + September 1, 2012 + }, the State Treasurer shall transfer
$100 million from the Education Stability Fund established under
section 4 (4)(d), Article XV of the Oregon Constitution, and ORS
348.696 to the 2011-2012 School Year Subaccount established by
section 2, chapter 21, Oregon Laws 2011.
(2) Moneys transferred under this section may be used in the
manner provided by section 5, chapter 21, Oregon Laws 2011, for
moneys in the 2011-2012 School Year Subaccount.
{ +
PUBLIC DEFENSE SERVICES ACCOUNT + }
SECTION 37. ORS 151.225 is amended to read:
151.225. (1) { - There is created a - } { + The + } Public
Defense Services Account { - in - } { + is established
separate and distinct from + } the General Fund. The Public
Defense Services Account is continuously appropriated to the
Public Defense Services Commission to { - pay compensation of
counsel and - } { + :
(a) Reimburse the actual costs and expenses, including
personnel expenses, incurred in administration and support of the
public defense system;
(b) Reimburse the State Court Administrator under ORS 151.216
(1)(i); and
Enrolled Senate Bill 1579 (SB 1579-A) Page 25
(c) Pay + } other expenses in connection with the legal
representation of persons for which the commission is responsible
by law { + , including expenses incurred in the administration of
the public defense system + }.
{ - (2) All moneys appropriated to the commission to pay
compensation of counsel and other expenses in connection with the
legal representation of persons for which the commission is
responsible by law shall be deposited in the Public Defense
Services Account. - }
{ - (3) - } { + (2) + } All moneys received by the Judicial
Department under ORS 135.050 (8), 151.487 (1), 419A.211, 419B.198
(1) { + , + } { - or - } 419C.203 (1) { + or 419C.535 (2) + }
shall be deposited in { - a separate subaccount created in - }
the Public Defense Services Account { - to be used by the
public defense services executive director to reimburse the
actual costs and expenses, including personnel expenses, incurred
in administration and support of the public defense system - } .
{ - (4) - } { + (3) + } All gifts, grants or contributions
accepted by the commission under ORS 151.216 shall be deposited
in a separate subaccount created in the Public Defense Services
Account to be used by the commission for the purpose for which
the gift, grant or contribution was given or granted.
{ - (5) As used in this section, 'other expenses in
connection with the legal representation of persons for which the
commission is responsible by law' includes expenses incurred in
the administration of the public defense system. - }
SECTION 38. { + The amendments to ORS 151.225 by section 37 of
this 2012 Act are intended, in part, to convert the Public
Defense Services Account from an account in the General Fund to
an account separate and distinct from the General Fund. The
account that is separate and distinct from the General Fund shall
be considered a continuation of the account that was an account
within the General Fund immediately before the operative date of
the amendments to ORS 151.225 by section 37 of this 2012 Act, as
specified in section 49 of this 2012 Act. + }
SECTION 39. ORS 45.275 is amended to read:
45.275. (1) The court shall appoint a qualified interpreter in
a civil or criminal proceeding, and a hearing officer or the
designee of a hearing officer shall appoint a qualified
interpreter in an adjudicatory proceeding, whenever it is
necessary:
(a) To interpret the proceedings to a non-English-speaking
party;
(b) To interpret the testimony of a non-English-speaking party
or witness; or
(c) To assist the court, agency or hearing officer in
performing the duties and responsibilities of the court, agency
or hearing officer.
(2) { - No fee shall - } { + A fee may not + } be charged
to any person for the appointment of an interpreter to interpret
testimony of a non-English-speaking party or witness, or to
assist the court, agency or hearing officer in performing the
duties and responsibilities of the court, agency or hearing
officer. { - No fee shall - } { + A fee may not + } be
charged to a non-English-speaking party who is unable to pay for
the appointment of an interpreter to interpret the proceedings to
the non-English-speaking party. { - No fee shall - } { + A
fee may not + } be charged to any person for the appointment of
an interpreter if appointment is made to determine whether the
Enrolled Senate Bill 1579 (SB 1579-A) Page 26
person is unable to pay or non-English-speaking for the purposes
of this section.
(3) A non-English-speaking party { - shall be - }
{ + is + } considered unable to pay for an interpreter for the
purposes of this section if:
(a) The party makes a verified statement and provides other
information in writing under oath showing financial inability to
pay for a qualified interpreter, and provides any other
information required by the court or agency concerning the
inability to pay for such an interpreter; and
(b) It appears to the court or agency that the party is in fact
unable to pay for a qualified interpreter.
(4) Fair compensation for the services of an interpreter
appointed under this section shall be paid:
(a) By the county, subject to the approval of the terms of the
contract by the governing body of the county, in a proceeding in
a county or justice court.
(b) By the city, subject to the approval of the terms of the
contract by the governing body of the city, in a proceeding in a
municipal court.
(c) By the state in a proceeding in a circuit court. Amounts
payable by the state { - shall be from funds available to the
court other than - } { + are not payable from + } the Public
Defense Services Account established by ORS 151.225 { - , except
that - } { + or from moneys appropriated to the Public Defense
Services Commission. + } Fees of an interpreter necessary for the
purpose of communication between appointed counsel and a client
or witness in a criminal case
{ - shall be payable from that account - } { + are payable
from the Public Defense Services Account or from moneys
appropriated to the Public Defense Services Commission + }.
(d) By the agency in an adjudicatory proceeding.
(5) If a party or witness is dissatisfied with the interpreter
appointed by the court, the hearing officer or the designee of
the hearing officer, the party or witness may request the
appointment of a different certified interpreter. A request under
this subsection must be made in a manner consistent with the
policies and notice requirements of the court or agency relating
to the appointment and scheduling of interpreters. If the
substitution of another interpreter will delay the proceeding,
the person making the request must show good cause for the
substitution. Any party may object to use of any interpreter for
good cause. Unless the court, hearing officer or the designee of
the hearing officer has appointed a different interpreter for
cause, the party using any interpreter other than the interpreter
originally appointed by the court, hearing officer or the
designee of the hearing officer shall bear any additional costs
beyond the amount required to pay the original interpreter.
(6) A judge or hearing officer, on the judge's or hearing
officer's own motion, may substitute a different interpreter for
the interpreter initially appointed in a proceeding. A judge or
hearing officer may make a substitution under this subsection at
any time and for any reason.
(7) A court may allow as costs reasonable expenses incurred by
a party in employing the services of an interpreter in civil
proceedings in the manner provided by ORCP 68.
(8) A court, a hearing officer or the designee of a hearing
officer shall require any person serving as an interpreter for
the court or agency to state the person's name on the record and
whether the person is certified under ORS 45.291. If the person
Enrolled Senate Bill 1579 (SB 1579-A) Page 27
is certified under ORS 45.291, the interpreter need not make the
oath or affirmation required by ORS 40.325 or submit the
interpreter's qualifications on the record. If the person is not
certified under ORS 45.291, the interpreter must make the oath or
affirmation required by ORS 40.325 and submit the interpreter's
qualifications on the record.
(9) For the purposes of this section:
(a) 'Hearing officer' includes an administrative law judge.
(b) 'Non-English-speaking person' means a person who, by reason
of place of birth or culture, speaks a language other than
English and does not speak English with adequate ability to
communicate effectively in the proceedings.
(c) 'Qualified interpreter' means a person who is readily able
to communicate with the non-English-speaking person and who can
orally transfer the meaning of statements to and from English and
the language spoken by the non-English-speaking person. A
qualified interpreter must be able to interpret in a manner that
conserves the meaning, tone, level, style and register of the
original statement, without additions or omissions. 'Qualified
interpreter' does not include any person who is unable to
interpret the dialect, slang or specialized vocabulary used by
the party or witness.
SECTION 40. ORS 45.285 is amended to read:
45.285. (1) For the purposes of this section:
(a) 'Assistive communication device' means any equipment
designed to facilitate communication by a person with a
disability.
(b) 'Hearing officer' includes an administrative law judge.
(c) 'Person with a disability' means a person who cannot
readily understand the proceedings because of deafness or a
physical hearing impairment, or cannot communicate in the
proceedings because of a physical speaking impairment.
(d) 'Qualified interpreter' means a person who is readily able
to communicate with the person with a disability, interpret the
proceedings and accurately repeat and interpret the statements of
the person with a disability to the court.
(2) In any civil action, adjudicatory proceeding or criminal
proceeding, including a court-ordered deposition if no other
person is responsible for providing an interpreter, in which a
person with a disability is a party or witness, the court,
hearing officer or the designee of the hearing officer shall
appoint a qualified interpreter and make available appropriate
assistive communication devices whenever it is necessary to
interpret the proceedings to the person with a disability, or to
interpret the testimony of the person with a disability.
(3) { - No fee shall - } { + A fee may not + } be charged
to the person with a disability for the appointment of an
interpreter or use of an assistive communication device under
this section. { - No fee shall - } { + A fee may not + } be
charged to any person for the appointment of an interpreter or
the use of an assistive communication device if appointment or
use is made to determine whether the person has a disability for
the purposes of this section.
(4) Fair compensation for the services of an interpreter or the
cost of an assistive communication device under this section
shall be paid:
(a) By the county, subject to the approval of the terms of the
contract by the governing body of the county, in a proceeding in
a county or justice court.
Enrolled Senate Bill 1579 (SB 1579-A) Page 28
(b) By the city, subject to the approval of the terms of the
contract by the governing body of the city, in a proceeding in a
municipal court.
(c) By the state in a proceeding in a circuit court. Amounts
payable by the state { - shall be from funds available to the
court other than - } { + are not payable from + } the Public
Defense Services Account established by ORS 151.225 { - , except
that - } { + or from moneys appropriated to the Public Defense
Services Commission. + } Fees of an interpreter necessary for the
purpose of communication between appointed counsel and a client
or witness in a criminal case
{ - shall be payable from that account - } { + are payable
from the Public Defense Services Account or from moneys
appropriated to the Public Defense Services Commission + }.
(d) By the agency in an adjudicatory proceeding.
SECTION 41. ORS 135.050 is amended to read:
135.050. (1) Suitable counsel for a defendant shall be
appointed by a municipal, county or justice court if:
(a) The defendant is before a court on a matter described in
subsection (5) of this section;
(b) The defendant requests aid of counsel;
(c) The defendant provides to the court a written and verified
financial statement; and
(d) It appears to the court that the defendant is financially
unable to retain adequate representation without substantial
hardship in providing basic economic necessities to the defendant
or the defendant's dependent family.
(2) Suitable counsel for a defendant shall be appointed by a
circuit court if:
(a) The defendant is before the court on a matter described in
subsection (5) of this section;
(b) The defendant requests aid of counsel;
(c) The defendant provides to the court a written and verified
financial statement; and
(d)(A) The defendant is determined to be financially eligible
under ORS 151.485 and the standards established by the Public
Defense Services Commission under ORS 151.216; or
(B) The court finds, on the record, substantial and compelling
reasons why the defendant is financially unable to retain
adequate representation without substantial hardship in providing
basic economic necessities to the defendant or the defendant's
dependent family despite the fact that the defendant does not
meet the financial eligibility standards established by the
commission.
(3) Appointed counsel may not be denied to any defendant merely
because the defendant's friends or relatives have resources
adequate to retain counsel or because the defendant has deposited
or is capable of depositing security for release. However,
appointed counsel may be denied to a defendant if the defendant's
spouse has adequate resources which the court determines should
be made available to retain counsel.
(4) The defendant's financial statement under subsection (1) or
(2) of this section shall include, but not be limited to:
(a) A list of bank accounts in the name of defendant or
defendant's spouse, and the balance in each;
(b) A list of defendant's interests in real property and those
of defendant's spouse;
(c) A list of automobiles and other personal property of
significant value belonging to defendant or defendant's spouse;
Enrolled Senate Bill 1579 (SB 1579-A) Page 29
(d) A list of debts in the name of defendant or defendant's
spouse, and the total of each; and
(e) A record of earnings and other sources of income in the
name of defendant or defendant's spouse, and the total of each.
(5) Counsel must be appointed for a defendant who meets the
requirements of subsection (1) or (2) of this section and who is
before a court on any of the following matters:
(a) Charged with a crime.
(b) For a hearing to determine whether an enhanced sentence
should be imposed when such proceedings may result in the
imposition of a felony sentence.
(c) For extradition proceedings under the provisions of the
Uniform Criminal Extradition Act.
(d) For any proceeding concerning an order of probation,
including but not limited to the revoking or amending thereof.
(6) Unless otherwise ordered by the court, the appointment of
counsel under this section shall continue during all criminal
proceedings resulting from the defendant's arrest through
acquittal or the imposition of punishment. The court having
jurisdiction of the case may not substitute one appointed counsel
for another except pursuant to the policies, procedures,
standards and guidelines of the Public Defense Services
Commission under ORS 151.216.
(7) If, at any time after the appointment of counsel, the court
having jurisdiction of the case finds that the defendant is
financially able to obtain counsel, the court may terminate the
appointment of counsel. If, at any time during criminal
proceedings, the court having jurisdiction of the case finds that
the defendant is financially unable to pay counsel whom the
defendant has retained, the court may appoint counsel as provided
in this section.
(8) The court may order the defendant in a circuit court to pay
to the Public Defense Services Account { - in the General
Fund - } { + established by ORS 151.225 + }, through the clerk
of the court, in full or in part the administrative costs of
determining the eligibility of the defendant for appointed
counsel and the costs of the legal and other services that are
related to the provision of appointed counsel under ORS 151.487
{ - , 151.505 or 161.665 - } .
(9) In addition to any criminal prosecution, a civil proceeding
may be initiated by any public body which has expended moneys for
the defendant's legal assistance within two years of judgment if
the defendant was not qualified in accordance with subsection (1)
or (2) of this section for legal assistance.
(10) The civil proceeding shall be subject to the exemptions
from execution as provided for by law.
(11) As used in this section unless the context requires
otherwise, 'counsel' includes a legal advisor appointed under ORS
135.045.
SECTION 42. ORS 151.216 is amended to read:
151.216. (1) The Public Defense Services Commission shall:
(a) Establish and maintain a public defense system that ensures
the provision of public defense services in the most
cost-efficient manner consistent with the Oregon Constitution,
the United States Constitution and Oregon and national standards
of justice.
(b) Establish an office of public defense services and appoint
a public defense services executive director who serves at the
pleasure of the commission.
Enrolled Senate Bill 1579 (SB 1579-A) Page 30
(c) Submit the budget of the commission and the office of
public defense services to the Legislative Assembly after the
budget is submitted to the commission by the director and
approved by the commission. The Chief Justice of the Supreme
Court and the chairperson of the commission shall present the
budget to the Legislative Assembly.
(d) Review and approve any public defense services contract
negotiated by the director before the contract can become
effective.
(e) Adopt a compensation plan, classification system and
personnel plan for the office of public defense services that are
commensurate with other state agencies.
(f) Adopt policies, procedures, standards and guidelines
regarding:
(A) The determination of financial eligibility of persons
entitled to be represented by appointed counsel at state expense;
(B) The appointment of counsel;
(C) The fair compensation of counsel appointed to represent a
person financially eligible for appointed counsel at state
expense;
(D) Appointed counsel compensation disputes;
(E) Any other costs associated with the representation of a
person by appointed counsel in the state courts that are required
to be paid by the state under ORS 34.355, 135.055, 138.500,
138.590, 161.346, 161.348, 161.365, 419A.211, 419B.201, 419B.208,
419B.518, 419B.908, 419C.206, 419C.209, 419C.408, 419C.535,
426.100, 426.135, 426.250, 426.307, 427.265, 427.295, 436.265 or
436.315 or any other provision of law that expressly provides for
payment of such compensation, costs or expenses by the
commission;
(F) Professional qualifications for counsel appointed to
represent public defense clients;
(G) Performance for legal representation;
(H) The contracting of public defense services;
(I) Contracting with expert witnesses to allow contracting with
out-of-state expert witnesses only if in-state expert witnesses
are not available or are more expensive than out-of-state expert
witnesses; and
(J) Any other matters necessary to carry out the duties of the
commission.
(g) Establish a peer review system for the approval of
nonroutine fees and expenses incurred in cases involving
aggravated murder and the crimes listed in ORS 137.700 and
137.707. The review shall be conducted by a panel of attorneys
who practice in the area of criminal defense.
(h) Establish a complaint process that allows district
attorneys, criminal defense counsel and the public to file
complaints concerning the payment from public funds of nonroutine
fees and expenses incurred in cases.
(i) Reimburse the State Court Administrator from funds
deposited in the { - subaccount - } { + Public Defense
Services Account + } established { - under - } { + by + } ORS
151.225 for the costs of personnel and other costs associated
with location of eligibility verification and screening personnel
pursuant to ORS 151.489 by the State Court Administrator.
(2) Policies, procedures, standards and guidelines adopted by
the commission supersede any conflicting rules, policies or
procedures of the Public Defender Committee, State Court
Administrator, circuit courts, the Court of Appeals, the Supreme
Court, the Psychiatric Security Review Board and the Oregon
Enrolled Senate Bill 1579 (SB 1579-A) Page 31
Health Authority related to the exercise of the commission's
administrative responsibilities under this section and
transferred duties, functions and powers as they occur.
(3) The commission may accept gifts, grants or contributions
from any source, whether public or private. However, the
commission may not accept a gift, grant or contribution if
acceptance would create a conflict of interest. Moneys accepted
under this subsection shall be deposited in the Public Defense
Services Account { - created in - } { + established by + }
ORS 151.225 and expended for the purposes for which given or
granted.
(4) The commission may not:
(a) Make any decision regarding the handling of any individual
case;
(b) Have access to any case file; or
(c) Interfere with the director or any member of the staff of
the director in carrying out professional duties involving the
legal representation of public defense clients.
SECTION 43. ORS 151.487 is amended to read:
151.487. (1) If in determining that a person is financially
eligible for appointed counsel under ORS 151.485, the court finds
that the person has financial resources that enable the person to
pay in full or in part the administrative costs of determining
the eligibility of the person and the costs of the legal and
other services to be provided at state expense that are related
to the provision of appointed counsel, the court shall enter a
limited judgment requiring that the person pay to the Public
Defense Services Account { - in the General Fund - }
{ + established by ORS 151.225 + }, through the clerk of the
court, the amount that it finds the person is able to pay without
creating substantial hardship in providing basic economic
necessities to the person or the person's dependent family. The
amount that a court may require the person to pay is subject to
the guidelines and procedures issued by the Public Defense
Services Commission as provided in subsection (4) of this
section.
(2) Failure to comply with the requirements of a limited
judgment entered under this section is not grounds for contempt
or grounds for withdrawal by the appointed attorney.
(3) Except as authorized in this section, { - no - }
{ + a + } person, organization or governmental agency may
{ + not + } request or accept a payment or promise of payment
for assisting in the representation of a person by appointment.
(4) The commission shall promulgate and issue guidelines and
procedures:
(a) For the determination of persons provided with appointed
counsel who have some financial resources to pay in full or in
part the administrative, legal and other costs under subsection
(1) of this section; and
(b) Regarding the amounts persons may be required to pay by a
court under subsection (1) of this section.
(5) The determination that a person is able to pay or partially
able to pay, or that a person no longer has the ability to pay
the amount ordered in subsection (1) of this section, is subject
to review at any time by the court.
SECTION 44. ORS 419A.170 is amended to read:
419A.170. (1) In every case under ORS chapter 419B, the court
shall appoint a court appointed special advocate. The court
appointed special advocate is deemed a party in these
proceedings, and in the furtherance thereof, may be represented
Enrolled Senate Bill 1579 (SB 1579-A) Page 32
by counsel, file pleadings and request hearings and may subpoena,
examine and cross-examine witnesses. If the court appointed
special advocate is represented by counsel, counsel shall be paid
from funds available to the Court Appointed Special Advocate
Volunteer Program. { - No funds from the Public Defense
Services Account or - } { + Counsel representing a court
appointed special advocate may not be paid from moneys in the
Public Defense Services Account established by ORS 151.225, from
moneys appropriated to the Public Defense Services Commission or
from + } Judicial Department operating funds { - may be used
for this purpose - } .
(2) Subject to the direction of the court, the duties of the
court appointed special advocate are to:
(a) Investigate all relevant information about the case;
(b) Advocate for the child or ward, ensuring that all relevant
facts are brought before the court;
(c) Facilitate and negotiate to ensure that the court,
Department of Human Services, if applicable, and the child or
ward's attorney, if any, fulfill their obligations to the child
or ward in a timely fashion; and
(d) Monitor all court orders to ensure compliance and to bring
to the court's attention any change in circumstances that may
require a modification of the court's order.
(3) If a juvenile court does not have available to it a CASA
Volunteer Program, or a sufficient number of qualified CASA
volunteers, the court may, in fulfillment of the requirements of
this section, appoint a juvenile department employee or other
suitable person to represent the child or ward's interest in
court pursuant to ORS 419A.012 or 419B.195.
(4) Any person appointed as a court appointed special advocate
in any judicial proceeding on behalf of the child or ward is
immune from any liability for defamation or statements made in
good faith by that person, orally or in writing, in the course of
the case review or judicial proceeding.
(5) Any person appointed as a court appointed special advocate,
CASA Volunteer Program director, CASA Volunteer Program employee
or member of the board of directors or trustees of any CASA
Volunteer Program is immune from any liability for acts or
omissions or errors in judgment made in good faith in the course
or scope of that person's duties or employment as part of a CASA
Volunteer Program.
(6) Whenever the court appoints a court appointed special
advocate or other person under subsections (1) to (3) of this
section to represent the child or ward, it may require a parent,
if able, or guardian of the estate, if the estate is able, to
pay, in whole or in part, the reasonable costs of CASA services
including reasonable attorney fees. The court's order of payment
is enforceable in the same manner as an order of support under
ORS 419B.408.
(7) Upon presentation of the order of appointment by the court
appointed special advocate, any agency, hospital, school
organization, division, office or department of the state,
doctor, nurse or other health care provider, psychologist,
psychiatrist, police department or mental health clinic shall
permit the court appointed special advocate to inspect and copy,
and may consult with the court appointed special advocate
regarding, any records relating to the child or ward involved in
the case, without the consent of the child, ward or parents.
Enrolled Senate Bill 1579 (SB 1579-A) Page 33
(8) All records and information acquired or reviewed by a court
appointed special advocate during the course of official duties
are deemed confidential under ORS 419A.255.
(9) For the purposes of a Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) grant to this state under Public Law
No. 93-247, or any related state or federal legislation, a court
appointed special advocate or other person appointed pursuant to
subsections (1) to (3) of this section is deemed a guardian ad
litem to represent the interests of the child or ward in
proceedings before the court.
(10) There is created a Court Appointed Special Advocate (CASA)
Fund in the General Fund. The fund consists of all moneys
credited to it. Moneys in the Court Appointed Special Advocate
Fund are continuously appropriated to the State Commission on
Children and Families and may be used only to carry out the
purposes of this section. The commission may apply for and
receive funds from federal and private sources for carrying out
the provisions of this section.
(11) The state commission may expend moneys from the Court
Appointed Special Advocate Fund directly or indirectly through
contracts or grants for the creation, supervision and operation
of CASA Volunteer Programs statewide. The commission may also
expend moneys from the Court Appointed Special Advocate Fund to
pay the reasonable costs of its administration of the Court
Appointed Special Advocate Fund. The commission shall adopt rules
for carrying out its responsibilities under this section.
SECTION 45. ORS 419A.211 is amended to read:
419A.211. (1) If the child, ward, youth, youth offender, parent
or guardian is determined to be entitled to, and financially
eligible for, appointment of counsel at state expense in an
appeal as provided in ORS 419A.200 and 419A.208, the court, upon
request of the person or upon its own motion, shall appoint
suitable counsel to represent the person. Counsel appointed by
the court shall be paid compensation determined by the public
defense services executive director as provided in ORS 135.055 if
the circuit court is the appellate court or as provided in ORS
138.500 if the Court of Appeals or the Supreme Court is the
appellate court. The court may not substitute one appointed
counsel for another except pursuant to the policies, procedures,
standards and guidelines of the Public Defense Services
Commission.
(2)(a) When the court appoints counsel to represent the child,
ward, youth or youth offender, it may order the parent, if able,
or guardian of the estate, if the estate is able, to pay to the
Public Defense Services Account { - in the General Fund - }
{ + established by ORS 151.225 + }, through the clerk of the
court, in full or in part the administrative costs of determining
the ability of the parents or estate to pay for legal services
and the costs of the legal and other services that are related to
the provision of appointed counsel.
(b) The test of the parent's or estate's ability to pay costs
under paragraph (a) of this subsection is the same test as
applied to appointment of counsel for defendants under ORS
151.216. If counsel is provided at state expense, the court shall
apply this test in accordance with the guidelines adopted by the
Public Defense Services Commission under ORS 151.485.
(c) If counsel is provided at state expense, the court shall
determine the amount the parents or estate is required to pay for
the costs of administrative, legal and other services related to
Enrolled Senate Bill 1579 (SB 1579-A) Page 34
the provision of appointed counsel in the same manner as this
amount is determined under ORS 151.487.
(d) The court's order of payment is enforceable in the same
manner as an order of support under ORS 419B.408 and 419C.600.
(3) When the court appoints counsel and the child, ward, youth,
youth offender, parent or guardian has been determined to be
entitled to, and financially eligible for, appointed counsel at
state expense, the compensation for counsel and costs and
expenses necessary to the appeal shall be determined and paid as
provided in ORS 135.055 if the circuit court is the appellate
court or as provided in ORS 138.500 if the Court of Appeals or
the Supreme Court is the appellate court.
SECTION 46. ORS 419B.198 is amended to read:
419B.198. (1) When the court appoints counsel to represent a
child or ward, it may order the parent, if able, or guardian of
the estate, if the estate is able, to pay to the Public Defense
Services Account { - in the General Fund - } { + established
by ORS 151.225 + }, through the clerk of the court, in full or in
part the administrative costs of determining the ability of the
parents or estate to pay for legal services and the costs of the
legal and other services that are related to the provision of
appointed counsel.
(2) The test of the parent's or estate's ability to pay costs
under subsection (1) of this section is the same test as applied
to appointment of counsel for defendants under ORS 135.050 or
under the policies, procedures, standards and guidelines adopted
under ORS 151.216. If counsel is provided at state expense, the
court shall apply this test in accordance with the guidelines
adopted by the Public Defense Services Commission under ORS
151.485.
(3) If counsel is provided at state expense, the court shall
determine the amount the parents or estate is required to pay for
the costs of administrative, legal and other services related to
the provision of appointed counsel in the same manner as this
amount is determined under ORS 151.487.
(4) The court's order of payment is enforceable in the same
manner as an order of support under ORS 419B.408.
SECTION 47. ORS 419C.203 is amended to read:
419C.203. (1) When the court appoints counsel to represent a
youth, it may order the youth, if able, parent, if able, or
guardian of the estate, if the estate is able, to pay to the
Public Defense Services Account { - in the General Fund - }
{ + established by ORS 151.225 + }, through the clerk of the
court, in full or in part the administrative costs of determining
the ability of the youth, parents or estate to pay for legal
services and the costs of the legal and other services that are
related to the provision of appointed counsel.
(2) The test of the youth's, parent's or estate's ability to
pay costs under subsection (1) of this section is the same test
as applied to appointment of counsel for defendants under ORS
135.050 or under the policies, procedures, standards and
guidelines adopted under ORS 151.216. If counsel is provided at
state expense, the court shall apply this test in accordance with
the guidelines adopted by the Public Defense Services Commission
under ORS 151.485.
(3) If counsel is provided at state expense, the court shall
determine the amount the youth, parents or estate is required to
pay for the costs of administrative, legal and other services
related to the provision of appointed counsel in the same manner
as this amount is determined under ORS 151.487.
Enrolled Senate Bill 1579 (SB 1579-A) Page 35
(4) In determining whether to order the youth to pay costs
under subsection (1) of this section, the court shall also
consider the reformative effect of having the youth pay. The
court may order that a portion of any moneys earned by the youth
in juvenile work projects be used to pay costs ordered under
subsection (1) of this section.
(5) The court's order of payment is enforceable in the same
manner as an order of support under ORS 419C.600.
SECTION 48. ORS 419C.535 is amended to read:
419C.535. (1) If the juvenile panel of the Psychiatric Security
Review Board determines that a young person about whom a hearing
under ORS 419C.532 is being held is financially eligible, the
juvenile panel shall appoint suitable counsel to represent the
young person. Counsel appointed must be an attorney who satisfies
the professional qualification standards established by the
Public Defense Services Commission under ORS 151.216. The public
defense services executive director shall determine and allow
fair compensation for counsel appointed under this subsection and
the reasonable expenses of the young person in respect to the
hearing. Compensation payable to appointed counsel may not be
less than the applicable compensation level established under ORS
151.216. The public defense services executive director shall pay
compensation and expenses allowed from funds available for that
purpose.
(2) When the juvenile panel appoints counsel to represent the
young person, the juvenile panel may order the young person, if
able, parent, if able, or guardian of the estate, if the estate
is able, to pay to the Public Defense Services Account { - in
the General Fund - } { + established by ORS 151.225 + },
through the clerk of the court, in full or in part, the
administrative costs of determining the ability of the young
person, parent or estate to pay for legal services and the costs
of the legal and other services that are related to the provision
of appointed counsel. The juvenile panel's order of payment may
be entered in the County Clerk Lien Record and enforced as
provided in ORS 205.126.
(3) The test of the young person's, parent's or estate's
ability to pay costs under subsection (2) of this section is the
same test as applied to appointment of counsel for defendants
under ORS 135.050 or under the rules adopted under ORS 151.216.
If counsel is provided at state expense, the juvenile panel shall
apply this test in accordance with the guidelines adopted by the
Public Defense Services Commission under ORS 151.485.
(4) If counsel is provided at state expense, the juvenile panel
shall determine the amount the young person, parent or estate is
required to pay for the costs of administrative, legal and other
services related to the provision of appointed counsel in the
same manner as this amount is determined under ORS 151.487.
(5) The Attorney General may represent the state at contested
hearings before the juvenile panel unless the district attorney
of the county in which the young person was adjudicated elects to
represent the state. The district attorney of the county in which
the young person was adjudicated shall cooperate with the
Attorney General in securing the material necessary for
presenting a contested hearing before the juvenile panel. If the
district attorney elects to represent the state, the district
attorney shall give timely written notice to the Attorney
General, the juvenile panel and the attorney representing the
young person.
Enrolled Senate Bill 1579 (SB 1579-A) Page 36
SECTION 49. { + Section 38 of this 2012 Act and the amendments
to ORS 45.275, 45.285, 135.050, 151.216, 151.225, 151.487,
419A.170, 419A.211, 419B.198, 419C.203 and 419C.535 by sections
37 and 39 to 48 of this 2012 Act become operative on July 1,
2012. + }
{ +
STATE AGENCY FEE APPROVAL + }
SECTION 50. { + For the purpose of carrying out the provisions
of ORS 291.055 (1)(e), the following new or increased fees,
adopted by the Oregon Health Authority and approved by the Oregon
Department of Administrative Services, are approved for the
Oregon environmental laboratory accreditation program: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1)Out of state laboratory,
application:
(a) Tier 1...............$ 1,375
(b) Tier 2...............$ 2,200
(c) Tier 3...............$ 3,300
(2) Out of state laboratory,
fields of testing assessment:
(a) Basic assessment.....$ 100
(b) Moderate assessment..$ 385
(c) Complex assessment...$ 550
(3) Out of state laboratory,
additional matrix:
(a) Basic................$ 11
(b) Moderate.............$ 44
(c) Complex..............$ 83
(4) Biological tissue matrix:
(a) Out of state, moderate$ 44
(b) Out of state, complex$ 83
(c) In state, moderate...$ 40
(d) In state, complex....$ 75 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 51. { + For the purpose of carrying out the provisions
of ORS 291.055 (1)(e), the following new or increased fees,
adopted by the Department of Veterans' Affairs and approved by
the Oregon Department of Administrative Services, are approved
for the conservatorship program: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1)Maintaining property:
(a) Real property management$ 40 + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
Enrolled Senate Bill 1579 (SB 1579-A) Page 37
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
per hour + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(b)Real property appraisal.....................Actual cost
(c) Real property inspection$ 50 + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
per inspection + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(2)Representative payee fee:.....................Four + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
percent of
value of
managed funds + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SECTION 52. { + For the purpose of carrying out the provisions
of ORS 291.055 (1)(e), the following new or increased fees,
adopted by the Oregon Health Licensing Agency and approved by the
Oregon Department of Administrative Services, are approved: + }
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
(1)Board of Body Art Practitioners:
(a) Application:
(A) Application: practitioner$ 50
(B) Application: facility$ 100
(C) Application by reciprocity$ 150
Enrolled Senate Bill 1579 (SB 1579-A) Page 38
(b) Examination:
(A) Examination: practical$ 100
(B) Examination: written.$ 50
(c) Original issuance of license:
(A) Original license.....$ 50
(B) Original license: facility$ 150
(d) License renewal:
(A) License renewal: BP training
license, dermal implant,
scarification, advanced
body piercing........$ 50
(B) License renewal: electrology$ 25
(C) License renewal: facility$ 150
(e) Online license renewal:
(A) Tattoo, dermal implant,
scarification, BP technician$ 45
(B) Electrology, BP temporary
earlobe..............$ 20
(C) Facility.............$ 125
(f) Information packets..$ 10
(2) Respiratory Therapist and
Polysomnographic Technologist
Licensing Board:
(a) Application..........$ 50
(b) Original license.....$ 50
(c) License renewal......$ 50
(d) Online license renewal$ 45
(e) Examination - Oregon Laws
and rules............$ 50
(f) Information packets..$ 10
(3) Nursing Home Administrators
Board:
(a) Application:
(A) Application: original license$ 100
(B) Application: provisional
license..............$ 50
(C) Application by reciprocity$ 100
(b) Original issuance of license:
(A) Original license - per year$ 130
(B) Original license by reciprocity
- for one year.......$ 130
(c) Preceptor registration$ 100
(d) License renewal - per year$ 130
(e) Affidavit of licensure$ 50
(f) Delinquency - per year, up
to three years.......$ 50
(g) Information packets..$ 10
(4) Board of Licensed Dietitians:
(a) Original license - for one year$ 75
(b) License renewal - per year$ 75
(5) State Board of Direct
Entry Midwifery:
(a) Original license.....$ 1,200
(b) License renewal......$1,200 + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ +
JUDICIAL DEPARTMENT + }
Enrolled Senate Bill 1579 (SB 1579-A) Page 39
SECTION 53. { + Notwithstanding ORS 1.178 and 31.735, the
amount of $6,552,125 is transferred from the State Court
Facilities and Security Account to the General Fund for general
governmental purposes. + }
{ +
DEPARTMENT OF ENVIRONMENTAL QUALITY + }
SECTION 54. { + Notwithstanding ORS 468A.400, the amount of
$3,000,000 is transferred from the Department of Environmental
Quality Motor Vehicle Pollution Account to the General Fund for
general governmental purposes. + }
{ +
OREGON UNIVERSITY SYSTEM + }
SECTION 55. { + Notwithstanding any provision of section 2,
chapter 788, Oregon Laws 2005, as amended by section 2, chapter
746, Oregon Laws 2007, section 149, chapter 783, Oregon Laws
2007, sections 2 and 2a, chapter 906, Oregon Laws 2009, and
section 6, chapter 70, Oregon Laws 2010, for the biennium
beginning July 1, 2011, the Oregon University System may use
proceeds of lottery bonds issued pursuant to section 2, chapter
788, Oregon Laws 2005, as amended by section 2, chapter 746,
Oregon Laws 2007, section 149, chapter 783, Oregon Laws 2007,
sections 2 and 2a, chapter 906, Oregon Laws 2009, and section 6,
chapter 70, Oregon Laws 2010, to pay debt service on lottery
bonds. + }
{ +
JUDICIAL DEPARTMENT AND LEGISLATIVE ASSEMBLY + }
SECTION 56. { + (1) Any difference between the amount
appropriated for a biennium to the judicial department as defined
in ORS 174.113, including amounts appropriated to any agency of
the judicial department, and the amount of the appropriation
actually expended on or before the end of the biennium, is
continuously appropriated to the judicial department for payment
of expenses of the judicial department for the next biennium.
(2) Any difference between the amount appropriated for a
biennium to the legislative department as defined in ORS 174.114,
including amounts appropriated to any agency of the legislative
department, and the amount of the appropriation actually expended
on or before the end of the biennium, is continuously
appropriated to the legislative department for payment of
expenses of the legislative department for the next biennium. + }
SECTION 57. { + Section 56 of this 2012 Act first applies to
any moneys remaining from appropriations made for the biennium
ending June 30, 2011. + }
SECTION 58. ORS 293.190 is amended to read:
293.190. (1) On December 31 in each odd-numbered year, all
General Fund appropriation balances as recorded on the records of
the Oregon Department of Administrative Services for the prior
biennium shall revert to the General Fund except for capital
construction, continuing contracts, contested claims, special
appropriations designated by legislative action { + ,
appropriations described in section 56 of this 2012 Act + } or
savings continuously appropriated to agencies under ORS 291.120.
(2) On December 31 in each odd-numbered year, all limitation
balances on any separate fund or cash account in the State
Enrolled Senate Bill 1579 (SB 1579-A) Page 40
Treasury shall be canceled except for continuing contracts,
contested claims or special limitations designated by legislative
action.
(3) Notwithstanding subsections (1) and (2) of this section,
under conditions which shall be described by the department by
rule, upon request, an extension may be granted to allow an
agency to make final analyses and corrections before an
appropriation or limitation is canceled. The procedures for
requesting an extension and the criteria for approving the
request shall be established by the department.
{ +
FINANCING AGREEMENTS + }
SECTION 59. ORS 182.460 is amended to read:
182.460. (1) Except as provided in subsections (2) and (3) of
this section and as otherwise provided by law, the provisions of
{ + ORS 283.085 to 283.092 and + } ORS chapters 240, 276, 279A,
279B, 279C, 282, 283, 291, 292 and 293 do not apply to a board. A
board is subject to all other statutes governing a state agency
that do not conflict with ORS 182.456 to 182.472, including the
tort liability provisions of ORS 30.260 to 30.300 and the
provisions of ORS chapter 183, and a board's employees are
included within the Public Employees Retirement System.
(2) Notwithstanding subsection (1) of this section, the
following provisions apply to a board:
(a) ORS 240.309 (1) to (6) and 240.321;
(b) ORS 279A.250 to 279A.290;
(c) ORS 282.210 to 282.230; and
(d) ORS 293.240.
(3) Notwithstanding subsection (1) of this section, ORS chapter
240 applies to the Oregon Board of Optometry, the State Board of
Massage Therapists and the Physical Therapist Licensing Board.
(4) In carrying out the duties, functions and powers of a
board, the board may contract with any state agency for the
performance of duties, functions and powers as the board
considers appropriate. A state agency may not charge a board an
amount that exceeds the actual cost of those services. ORS
182.456 to 182.472 do not require an agency to provide services
to a board other than pursuant to a voluntary interagency
agreement or contract.
(5) A board shall adopt personnel policies and contracting and
purchasing procedures. The Oregon Department of Administrative
Services shall review those policies and procedures for
compliance with applicable state and federal laws and collective
bargaining contracts.
(6) Except as otherwise provided by law, directors and
employees of a board are eligible to receive the same benefits as
state employees and are entitled to retain their State of Oregon
hire dates, transfer rights and job bidding rights, all without
loss of seniority, and to the direct transfer of all accumulated
state agency leaves.
SECTION 60. ORS 284.118 is amended to read:
284.118. (1) Except as provided in subsection (2) of this
section, the provisions of ORS 200.035 { - and - } { + , + }
279.835 to 279.855 { + and 283.085 to 283.092 + } and ORS
chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293
do not apply to the Oregon Tourism Commission. The commission is
subject to all other statutes governing a state agency that do
not conflict with ORS 284.101 to 284.146, including the tort
Enrolled Senate Bill 1579 (SB 1579-A) Page 41
liability provisions of ORS 30.260 to 30.300 and the provisions
of ORS chapter 183. The employees of the commission are included
within the Public Employees Retirement System.
(2) Notwithstanding subsection (1) of this section, the
following provisions apply to the commission:
(a) ORS 279A.250 to 279A.290;
(b) ORS 292.495; and
(c) ORS 293.235, 293.240, 293.245, 293.250, 293.611, 293.625
and 293.630.
(3) In carrying out the duties, functions and powers of the
commission, the commission may contract with any state agency for
the performance of duties, functions and powers as the commission
considers appropriate. A state agency may not charge the
commission an amount that exceeds the actual cost of those
services. ORS 284.101 to 284.146 do not require a state agency to
provide services to the commission other than pursuant to a
voluntary interagency agreement or contract.
(4) The commission shall adopt personnel policies and
contracting and purchasing procedures. The Oregon Department of
Administrative Services shall review those policies and
procedures for compliance with applicable state and federal laws
and collective bargaining contracts.
(5) Except as otherwise provided by law, members and employees
of the commission are eligible to receive the same benefits as
state employees and are entitled to retain their State of Oregon
hire dates, transfer rights and job bidding rights, all without
loss of seniority, and to the direct transfer of all accumulated
state agency leaves.
SECTION 61. ORS 284.375 is amended to read:
284.375. (1) Except as otherwise provided by law, ORS 279.835
to 279.855 { + and 283.085 to 283.092 + }and ORS chapters 240,
276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to
the Oregon Film and Video Office.
(2) Notwithstanding subsection (1) of this section, ORS
279A.100, 279A.250 to 279A.290, 282.210 to 282.230, 293.235,
293.240, 293.245, 293.260, 293.262, 293.611, 293.625 and 293.630
apply to the Oregon Film and Video Office.
SECTION 62. ORS 353.100 is amended to read:
353.100. (1) The provisions of ORS chapters 35, 190, 192, 244
and 295 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to
200.090, 236.605 to 236.640, 243.650 to 243.782, 297.040, 307.090
and 307.112 apply to Oregon Health and Science University under
the same terms as they apply to public bodies other than the
state.
(2) Except as otherwise provided by law, the provisions of ORS
chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283,
291, 292, 293, 294 and 297 and ORS 35.550 to 35.575, 180.060,
180.210 to 180.235, 183.710 to 183.725, 183.745, 183.750, 184.305
to 184.345, 190.430, 190.480, 190.490, 192.105, 200.035, 243.105
to 243.585, 243.696, 278.011 to 278.120, 278.315 to 278.415,
279.835 to 279.855, 282.010 to 282.150, { + 283.085 to
283.092, + } 357.805 to 357.895 and 656.017 (2) do not apply to
the university or any not-for-profit organization or other entity
if the equity of the entity is owned exclusively by the
university and if the organization or entity is created by the
university to advance any of the university's statutory missions.
(3) The university, as a distinct governmental entity, or any
organization or entity described in subsection (2) of this
section is not subject to any provision of law enacted after
January 1, 1995, with respect to any governmental entity, unless
Enrolled Senate Bill 1579 (SB 1579-A) Page 42
the provision specifically provides that it applies to the
university or to the organization or entity.
SECTION 63. ORS 377.836 is amended to read:
377.836. (1) Except as otherwise provided by law, and except as
provided in subsection (2) of this section, the provisions of ORS
279.835 to 279.855 { + and 283.085 to 283.092 + }and ORS
chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293
do not apply to the Travel Information Council. The council is
subject to all other statutes governing a state agency that do
not conflict with ORS 377.700 to 377.840, including the tort
liability provisions of ORS 30.260 to 30.300 and the provisions
of ORS chapter 183. Subject to the requirements of ORS chapters
238 and 238A, the council's employees are members of the Public
Employees Retirement System.
(2) The following shall apply to the council:
(a) ORS 279A.250 to 279A.290;
(b) ORS 282.210 to 282.230; and
(c) ORS 293.235, 293.240, 293.245, 293.611, 293.625 and
293.630.
SECTION 64. ORS 421.352 is amended to read:
421.352. (1) The provisions of ORS chapters 182, 183, 240, 270,
273, 276, 279A, 279B, 279C, 283, 291, 292 and 293 and ORS 35.550
to 35.575, 183.710 to 183.725, 183.745, 183.750, 184.345,
190.430, 190.490, 200.035, 236.605 to 236.640, 243.303, 243.305,
243.315, 243.325 to 243.335, 243.345, 243.350, 243.696, 279.835
to 279.855, 282.010 to 282.150 { + , 283.085 to 283.092 + } and
656.017 (2) do not apply to Oregon Corrections Enterprises.
(2) Oregon Corrections Enterprises is not subject to any
provision of law enacted after December 2, 1999, that governs
state agencies generally unless the provision specifically
provides that it applies to Oregon Corrections Enterprises.
SECTION 65. ORS 461.120 is amended to read:
461.120. (1)(a) Except as otherwise provided by law, the
provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B,
279C, 282 and 283 do not apply to the Oregon State Lottery
Commission unless otherwise provided by this chapter.
(b) Officers and employees of the Oregon State Lottery
Commission are in the exempt service for purposes of ORS chapter
240 and other related statutes.
(c) ORS 276.004 (2), 276.021, 276.093 to 276.098, 276.410 to
276.426, 276.428, 276.440, { + 283.085 to 283.092, + } 291.038,
291.201 to 291.260 and 292.210 to 292.250 do not apply to the
Oregon State Lottery Commission.
(d) ORS 293.075, 293.190, 293.205 to 293.225 and 293.275 do not
apply to the Oregon State Lottery Commission.
(e) ORS 279A.100 and ORS chapters 659 and 659A apply to the
Oregon State Lottery Commission.
(f) Notwithstanding paragraph (a) of this subsection, the
provisions of ORS 282.210 shall apply to the Oregon State Lottery
Commission.
(2) The commission shall, in accordance with ORS chapter 183,
adopt and enforce rules to carry out the provisions of this
chapter.
SECTION 66. ORS 576.306 is amended to read:
576.306. (1) A commodity commission may contract with an
independent contractor for the performance of any services.
However, the commission may not contract with an independent
contractor to perform the discretionary functions of the
commission. ORS 279.835 to 279.855 and ORS chapters 240, 279A,
279B and 279C do not apply to the commission in obtaining such
Enrolled Senate Bill 1579 (SB 1579-A) Page 43
services, except that { - no contract for such services
shall - } { + a contract for such services may not + }take
effect until approved by the State Department of Agriculture as
provided in subsection (7) of this section.
(2) The commission may rent space or acquire supplies and
equipment from any contractor as described in subsection (1) of
this section. ORS chapters 276, 278, 279A, 279B, 279C and 283 and
ORS 279.835 to 279.855 { + , 283.085 to 283.092 + } and 291.038
do not apply to such rentals or acquisitions.
(3) Except as provided in this section, a contractor described
in subsection (1) of this section shall be considered an
independent contractor and not an employee, eligible employee,
public employee or employee of the state for purposes of Oregon
law, including ORS chapters 236, 238, 238A, 240, 243, 291, 292,
316 and 652.
(4) Nothing in this section precludes the state or a commission
from being considered the employer of the contractor described in
subsection (1) of this section for purposes of unemployment
compensation under ORS chapter 657 and ORS 670.600.
(5) A contractor described in subsection (1) of this section
shall be considered an independent contractor and not a worker
for purposes of ORS chapter 656 and ORS 670.600.
(6) A contractor described in subsection (1) of this section
may not be considered a public official, public officer, state
officer or executive official for purposes of Oregon law,
including ORS chapters 236, 244, 292, 295 and 297 and ORS 171.725
to 171.785.
(7) The State Department of Agriculture shall review the
contract described in subsection (1) of this section for the
adequacy of the clauses pertaining to statement of work, starting
and ending dates, consideration, subcontracts, funds authorized
in the budget, amendments, termination, compliance with
applicable law, assignment and waiver, access to records,
indemnity, ownership of work product, nondiscrimination,
successors in interest, attorney fees, tax certification or
merger or any other clause the department deems necessary.
(8) The Oregon Department of Administrative Services, in
consultation with the State Department of Agriculture, shall
adopt rules necessary for the screening and selection of
independent contractors under this section.
(9) Except as provided in subsection (8) of this section, the
State Department of Agriculture may promulgate any rules
necessary for the administration and enforcement of this section.
SECTION 67. ORS 656.753 is amended to read:
656.753. (1) Except as otherwise provided by law, the
provisions of ORS 279.835 to 279.855 { + and 283.085 to
283.092 + } and ORS chapters 240, 276, 279A, 279B, 279C, 282,
283, 291, 292 and 293 do not apply to the State Accident
Insurance Fund Corporation.
(2) In carrying out the duties, functions and powers imposed by
law upon the State Accident Insurance Fund Corporation, the board
of directors or the manager of the State Accident Insurance Fund
Corporation may contract with any state agency for the
performance of such duties, functions and powers as the
corporation considers appropriate.
(3) Notwithstanding subsection (1) or (2) of this section, ORS
293.240 except for appeals pursuant to ORS 737.318, ORS 293.260,
293.262 and 293.505 (2) shall apply to the directors, manager,
assistants and accounts of the State Accident Insurance Fund
Enrolled Senate Bill 1579 (SB 1579-A) Page 44
Corporation and any subsidiary corporation formed or acquired by
the State Accident Insurance Fund Corporation.
(4) Notwithstanding subsection (1) or (2) of this section, ORS
243.305, 279A.100 and 659A.012 apply to the directors, manager
and employees of the State Accident Insurance Fund Corporation.
SECTION 68. ORS 741.250 is amended to read:
741.250. (1) Except as otherwise provided by law, the
provisions of ORS 279.835 to 279.855 { + and 283.085 to 283.092
+ }and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291,
292 and 293 do not apply to the Oregon Health Insurance Exchange
Corporation.
(2) In carrying out the duties, functions and powers imposed by
law upon the corporation, the corporation board of directors or
the executive director of the corporation may contract with any
state agency or other qualified person or entity for the
performance of such duties, functions and powers as the board or
executive director considers appropriate.
(3) ORS 30.210 to 30.250, 30.260 to 30.300, 30.310, 30.312,
30.390 and 30.400 apply to the members of the board, the
executive director and employees of the corporation.
(4) Notwithstanding subsection (1) of this section, ORS
{ - 293.235, - } 293.240 { - , 293.245, 293.260, 293.262,
293.611, 293.625 and 293.630 apply - } { + applies + } to the
accounts of the corporation.
(5) Notwithstanding subsections (1) and (2) of this section,
ORS 243.305, 279A.100 and 659A.012 apply to the members of the
board, executive director and employees of the corporation.
SECTION 69. ORS 757.552 is amended to read:
757.552. (1) It is the function of the board of directors to
operate the Oregon Utility Notification Center, through which a
person shall notify operators of underground facilities of
proposed excavations and request that the underground facilities
be marked.
(2) The board of directors shall:
(a) Utilize a competitive process to contract with any
qualified person to provide the notification required under
subsection (1) of this section.
(b) Subject to subsection (3) of this section, establish rates,
on a per call basis, under which subscribers shall pay to fund
all of the activities of the Oregon Utility Notification Center.
(c) Adopt rules according to ORS chapter 183 that regulate the
notification and marking of underground facilities to prevent
damage to underground facilities. The rules, insofar as is
practicable, shall be consistent with the Oregon Utilities
Coordinating Council Standards Manual of March 31, 1995.
(3) The Oregon Utility Notification Center shall have all of
the powers of a state agency. Except as provided in subsection
(2) of this section, the provisions of ORS 279.835 to 279.855
{ + and 283.085 to 283.092 + }and ORS chapters 240, 276, 279A,
279B, 279C, 282, 283, 291, 292 and 293 { - shall - }
{ + do + } not apply to the Oregon Utility Notification Center.
(4) Notwithstanding subsection (2)(b) of this section, the
board of directors shall not establish rates or other charges
that require payments from any subscriber who receives fewer than
50 telephone calls in the calendar year or that result in annual
payments of more than $500 for any of the following subscribers:
(a) Cities with a population under 15,000;
(b) Telecommunications utilities serving fewer than 50,000
access lines and regulated by the Public Utility Commission under
ORS chapter 759;
Enrolled Senate Bill 1579 (SB 1579-A) Page 45
(c) Cable system operators serving fewer than 15,000 customers;
(d) Utilities, special districts, people's utility districts or
authorities providing electricity, water or sanitary sewer
service to fewer than 15,000 residential customers; and
(e) Telecommunications cooperatives.
SECTION 70. ORS 757.822 is amended to read:
757.822. (1) Except as provided in subsection (2) of this
section, the provisions of ORS chapters 35 { - ( - } { + , + }
other than ORS 35.550 to 35.575 { - ) - } , 180, 190, 192 and
244 and ORS 30.260 to 30.460, 200.005 to 200.025, 200.045 to
200.090, 221.450, 236.605 to 236.640, 243.650 to 243.782
{ - ( - } { + , + } other than { - ORS - } 243.696
{ - ) - } , 297.040, 307.090 and 307.112 apply to Oregon
Community Power under the same terms as they apply to any other
subdivision of state government.
(2) Except as otherwise provided by law, the provisions of ORS
chapters 182, 183, 238, 238A, 240, 270, 273, 276, 279A, 279B,
279C, 283, 286A, 291, 292, 293, 294, 295 and 297 and ORS 35.550
to 35.575, 183.710 to 183.725, 183.745, 183.750, 184.305 to
184.345, 190.430, 190.480, 190.490, 192.105, 200.035, 243.105 to
243.585, 243.696, 278.011 to 278.120, 278.315 to 278.415, 279.835
to 279.855, 282.010 to 282.150, { + 283.085 to 283.092, + }
287A.140, 287A.150, 287A.472 and 656.017 (2) do not apply to
Oregon Community Power.
(3) Oregon Community Power is not a participating public
employer in the Public Employees Retirement System.
(4) Any funds held by or under the control of Oregon Community
Power are not public funds, as defined in ORS 295.001.
SECTION 71. ORS 774.190 is amended to read:
774.190. (1) ORS 279.835 to 279.855 { + and 283.085 to
283.092 + } and ORS chapters 278, 279A, 279B, 279C, 282, 283,
291, 292, 293, 295 and 297 do not apply to Citizens' Utility
Board or to the administration and enforcement of this chapter.
An employee of Citizens' Utility Board { - shall not be - }
{ + is not + } considered an ' employee' as the term is defined
in the public employees retirement laws. Citizens' Utility Board
and its employees { - shall be - } { + are + } exempt from
the provisions of the State Personnel Relations Law.
(2) ORS chapter 183 does not apply to determinations and
actions by the board.
(3) The board, and any of the officers, employees, agents or
members of Citizens' Utility Board shall be provided the same
protections from liability as the board, officers, employees,
agents, or members of any nonprofit corporation of the State of
Oregon.
{ +
DEPARTMENT OF JUSTICE + }
SECTION 72. { + Notwithstanding ORS 180.095, 180.096, 646.775
and 646A.284, the amount of $4,000,000 is transferred from the
Department of Justice Protection and Education Revolving Account
to the General Fund for general governmental purposes. + }
{ +
PUBLIC BODY INSURANCE + }
SECTION 73. { + Notwithstanding ORS 30.282, 30.285, 278.425,
655.515 and 655.540, the amount of $13,300,000 is transferred
from the Insurance Fund to the General Fund for general
Enrolled Senate Bill 1579 (SB 1579-A) Page 46
governmental purposes. The transfer shall be made not later than
June 30, 2012. + }
{ +
CONCILIATION AND MEDIATION SERVICES, + }
{ +
LAW LIBRARY SERVICES AND COURT FACILITIES + }
SECTION 74. { + (1) Notwithstanding sections 1 (1) and 2 (1),
chapter 628, Oregon Laws 2011, amounts distributed to counties
under sections 1 (2) and 2 (2), chapter 628, Oregon Laws 2011,
may be used for:
(a) Conciliation and mediation services in circuit courts; or
(b) The operation of law libraries or the provision of law
library services.
(2) The governing body of the county may determine the amount
to be spent on each of the two purposes specified in subsection
(1) of this section from the amounts distributed to counties
under sections 1 (2) and 2 (2), chapter 628, Oregon Laws 2011.
(3) The provisions of this section apply only to counties
containing less than 400,000 inhabitants, according to the latest
federal decennial census. + }
SECTION 74a. { + (1) Notwithstanding section 2 (1), chapter
628, Oregon Laws 2011, of the amounts distributed to a county
under section 2 (2), chapter 628, Oregon Laws 2011, the county
may expend not more than $716,000 for capital outlays for court
facilities.
(2) Notwithstanding sections 1 (1) and 2 (1), chapter 628,
Oregon Laws 2011, the amounts that remain after any expenditure
under subsection (1) of this section from the distributions to a
county under sections 1 (2) and 2 (2), chapter 628, Oregon Laws
2011, may be used for:
(a) Conciliation and mediation services in circuit courts; or
(b) The operation of law libraries or the provision of law
library services.
(3) The governing body of the county may determine the amount
to be spent on each of the two purposes specified in subsection
(2) of this section from the amounts that remain after any
expenditure under subsection (1) of this section from the
distributions to a county under sections 1 (2) and 2 (2), chapter
628, Oregon Laws 2011.
(4) The provisions of this section apply only to counties
containing more than 400,000 inhabitants, according to the latest
federal decennial census. + }
{ +
STATE COURT SECURITY, EMERGENCY PREPAREDNESS + }
{ +
AND BUSINESS CONTINUITY + }
SECTION 75. ORS 1.177 is amended to read:
1.177. { - (1) The Chief Justice of the Supreme Court may
appoint an Advisory Committee on State Court Security and
Emergency Preparedness for the Supreme Court, Court of Appeals,
Oregon Tax Court and office of the State Court Administrator. - }
{ - (2) A committee appointed under this section shall meet
at the call of the Chief Justice. - }
{ - (3) A committee appointed under this section shall submit
to the Chief Justice a state plan for state court security
Enrolled Senate Bill 1579 (SB 1579-A) Page 47
improvement, emergency preparedness and business continuity for
each building containing or utilized by the Supreme Court, Court
of Appeals, Oregon Tax Court or office of the State Court
Administrator. The plan shall include capital outlay needs and
may include recommendations concerning: - }
{ - (a) Procedures for the secure handling, transportation
and disposal of hazardous substances and contraband in court
proceedings; - }
{ - (b) Emergency alarm systems accessible to all court
employees; - }
{ - (c) Physical security for judges, staff and the
public; - }
{ - (d) Procedures for emergency evacuation of buildings
containing or utilized by the Supreme Court, Court of Appeals,
Oregon Tax Court or office of the State Court Administrator; - }
{ - (e) Procedures for identifying court security personnel,
including a court security officer to be appointed by the Chief
Justice, who shall be responsible for: - }
{ - (A) The management of the plan; - }
{ - (B) A regular security inspection of each building
containing or utilized by the Supreme Court, Court of Appeals,
Oregon Tax Court or office of the State Court Administrator;
and - }
{ - (C) Regular security training of sheriff's department,
judicial department and district attorney personnel; and - }
{ - (f) Priorities for available court facilities within the
building based on the level of security needed. - }
{ - (4) The plan may also include: - }
{ - (a) An evaluation of how each of the items listed in
subsection (3) of this section is being addressed and should be
addressed; - }
{ - (b) How practices, facilities and equipment falling below
appropriate levels are to be improved; - }
{ - (c) The anticipated cost of improving practices,
facilities and equipment that fall below appropriate levels; - }
{ - (d) The funding source for each improvement; and - }
{ - (e) The time schedule for implementation of
improvements. - }
{ - (5) Adoption of a plan under this section is subject to
the approval of the Chief Justice. The plan may conclude that
state court facility security is adequate. - }
{ - (6) Implementation of the elements of a plan that have a
significant fiscal impact are subject to availability of
funding. - }
{ - (7) The plan adopted under this section shall be reviewed
and revised or amended as needed, not later than June 30 of each
odd-numbered year. - }
{ + (1) The Chief Justice of the Supreme Court may adopt
state standards, and a state plan, for state court security,
emergency preparedness and business continuity for facilities
used by judges or staff of a circuit court, the Supreme Court,
Court of Appeals or Oregon Tax Court or the office of the State
Court Administrator.
(2) The Chief Justice may appoint a judicial security officer
and other judicial security personnel charged with implementing a
state plan adopted under subsection (1) of this section. + }
{ - (8) - } { + (3) + } Except as provided in this
subsection, a plan
{ - prepared - } { + adopted + } under this section
{ - is - } { + and all documents related to development of the
Enrolled Senate Bill 1579 (SB 1579-A) Page 48
plan are + } confidential and need not be disclosed under the
provisions of ORS 192.410 to 192.505. The Chief Justice may
authorize the disclosure of all or part of a plan prepared under
this section if the Chief Justice determines that the interest of
the public would be served by the disclosure and that the
disclosure will not impair the integrity of the plan. Records of
expenditures for a state court security plan and records of
equipment purchased under the plan are not confidential under the
provisions of this subsection, and are subject to disclosure as
public records under the provisions of ORS 192.410 to 192.505.
SECTION 76. ORS 1.178 is amended to read:
1.178. (1) The State Court Facilities and Security Account is
established separate and distinct from the General Fund. The
account consists of moneys allocated to the account under the
provisions of ORS 137.300. { - Interest earned by the State
Court Facilities and Security Account shall be credited to the
account. - } Moneys in the account are continuously appropriated
to the State Court Administrator for the purposes described in
subsection (2) of this section.
(2) Expenditures by the State Court Administrator from the
State Court Facilities and Security Account shall be made only
for the following purposes:
(a) Developing or implementing { - a - } { + the + } plan
for state court security { - improvement - } , emergency
preparedness and business continuity { + adopted + } under ORS
1.177. { + Expenditures under this paragraph may not be used to
fund positions in the judicial department. + }
(b) Statewide training on state court security.
(c) Distributions to court facilities security accounts
maintained under ORS 1.182.
(d) Capital improvements for courthouses and other state court
facilities.
SECTION 77. { + The amendments to ORS 1.178 by section 76 of
this 2012 Act become operative July 1, 2013. + }
SECTION 78. Section 61a, chapter 597, Oregon Laws 2011, is
amended to read:
{ + Sec. 61a. + } { - (1) During the biennium beginning
July 1, 2011, the State Court Administrator may expend not more
than $2,862,376 from the State Court Facilities and Security
Account for the purposes of: - }
{ - (a) Developing or implementing a plan for state court
security improvement, emergency preparedness and business
continuity under ORS 1.177. - }
{ - (b) Statewide training on state court security. - }
{ - (2) - } During the biennium beginning July 1, 2011, the
State Court Administrator may distribute not more than $4,701,919
from the State Court Facilities and Security Account to court
facilities security accounts maintained under ORS 1.182. The
distribution to each county shall be based on amounts deposited
in the Criminal Fine and Assessment Account by the circuit court
for the county in the 2009-2011 biennium.
{ - (3) Notwithstanding ORS 1.178 (2)(d), during the biennium
beginning July 1, 2011, the State Court Administrator may not
expend any funds from the State Court Facilities and Security
Account for the purpose of capital improvements for courthouses
and other state court facilities. - }
{ +
JUDICIAL BRANCH COMPENSATION CHANGES + }
Enrolled Senate Bill 1579 (SB 1579-A) Page 49
SECTION 79. { + (1) Before making any change to a compensation
plan, an administrative division of the judicial department must
submit the proposed change to the Joint Committee on Ways and
Means during the period when the Legislative Assembly is in
session, or to the Emergency Board or the Joint Interim Committee
on Ways and Means during the interim period between sessions.
(2) This section applies to all boards, commissions, committees
and departments of the judicial department, as defined in ORS
174.113, including but not limited to the Public Defense Services
Commission and the Commission on Judicial Fitness and
Disability. + }
{ +
HUMAN SERVICES + }
SECTION 80. ORS 412.079 is amended to read:
412.079. (1) Except as provided in subsections (2) and (3) of
this section, a needy caretaker relative may not receive aid
under ORS 412.006 { + if the needy caretaker relative has
received aid under the temporary assistance for needy families
program in this state or any other state + } for more than a
total of 60 months.
(2) The Department of Human Services may not count toward the
60-month limit on receipt of aid described in subsection (1) of
this section any month in which a needy caretaker relative:
(a) Receives a grant of temporary assistance for needy families
under ORS 412.001 to 412.069, or assistance funded under Title
IV-A of the Social Security Act in this or another state, prior
to July 1, 2003;
(b) Resides in an area described in 18 U.S.C. 1151, and 50
percent or more of the adult residents in the area are
unemployed;
(c) Is, in that month, a minor child and neither the head of
the household nor married to the head of the household;
(d) Receives aid under ORS { - 412.001 to 412.155 that is not
funded with grants under Title IV-A of the Social Security
Act - } { + 411.878, 412.014 or 412.124 + };
(e) Is enrolled at an educational institution under ORS
412.016;
(f) Is exempt from time limits pursuant to rules adopted by the
department in accordance with section 408(a)(7)(C) of the Social
Security Act; or
(g) Is unable to obtain or maintain employment for a sufficient
number of hours in a month to satisfy the federally required
participation rates because the needy caretaker relative:
(A) Is a victim of domestic violence as defined in ORS 411.117;
(B) Has a certified learning disability;
(C) Has a mental health condition or an alcohol or drug abuse
problem;
(D) Has a disability as defined by the department by rule in a
manner consistent with the definition of disability in the
Americans with Disabilities Act;
(E) Has a child with a disability;
(F) Is deprived of needed medical care; or
(G) Is subjected to battery or extreme cruelty as defined by
the department by rule.
(3) A needy caretaker relative may not be denied aid { + or
terminated from receiving aid + } on the basis of the 60-month
limitation described in subsection (1) of this section if the
Enrolled Senate Bill 1579 (SB 1579-A) Page 50
individual is experiencing a situation described in subsection
(2) of this section.
(4)(a) The Department of Human Services shall monitor the
average period of time a { - person - } { + family + }
receives aid and shall record such information by family size.
The department shall monitor the wages and benefits received by
an individual who becomes employed while receiving aid, including
medical and child care benefits. The department shall monitor and
record the rate at which { - persons - } { + families + } who
cease receiving aid for employment subsequently apply for and
receive aid.
(b) The department shall report the results of the monitoring
required under paragraph (a) of this subsection to the
Legislative Assembly not later than the 15th day of each
odd-numbered year regular session.
SECTION 81. Section 83, chapter 630, Oregon Laws 2011, is
amended to read:
{ + Sec. 83. + } { + (1) + } Notwithstanding ORS 412.124,
for the { - biennium - } { + period + } beginning July 1,
2011, { + and ending April 30, 2012, + } the Department of Human
Services may provide aid described in ORS 412.124 subject to
available funding as approved in the legislatively adopted or
legislatively approved budget for the department.
{ + (2) The department may not provide aid described in ORS
412.124 for the period beginning May 1, 2012, and ending June 30,
2013. + }
{ - (2) - } { + (3) + } As used in this section:
(a) 'Legislatively adopted budget' has the meaning given that
term in ORS 291.002.
(b) 'Legislatively approved budget' has the meaning given that
term in ORS 291.002.
SECTION 82. Section 1, chapter 604, Oregon Laws 2011, is
amended to read:
{ + Sec. 1. + } For the biennium beginning July 1, 2011, the
Department of Human Services may, notwithstanding ORS 411.070,
412.006, 412.009 and 412.016:
(1) Prescribe by rule an employability assessment and
orientation process that the department shall use to determine
the level of participation by individuals applying for or
receiving aid pursuant to the temporary assistance for needy
families program and required to participate in the job
opportunity and basic skills program described in ORS 412.006.
This process must occur prior to any assessment described in ORS
412.006 (3) that is conducted by the department.
(2) Require all families to participate in the employability
assessment and orientation process as a condition for the
family's receipt of aid.
(3) Determine the selection and placement in the job
opportunity and basic skills program activities of existing and
future applicants and recipients of aid based on the results of
the employability assessment or other criteria.
(4) Require an individual in a one-parent family to participate
in the job opportunity and basic skills program while caring for
a dependent child who is under two years of age.
(5) Not approve enrollment in and attendance at an educational
institution as an allowable work activity for purposes of ORS
412.001 to 412.069, except for recipients who have a case plan in
effect on June 30, 2011, that approves enrollment in and
attendance at an educational institution as an allowable work
activity under ORS 412.016.
Enrolled Senate Bill 1579 (SB 1579-A) Page 51
(6) Deny { + or terminate + } aid to a family in which a
caretaker relative is separated from employment without good
cause { - during the 60-day period ending on the date of
application for aid - } , subject to exceptions prescribed by the
department by rule. { + The family shall be ineligible to
receive aid for a period of 120 days beginning on the date the
caretaker relative is separated from employment without good
cause. + }
(7) Establish an income eligibility limit equal to 185 percent
of the federal poverty guidelines for aid to a dependent child
residing with a caretaker relative who is not the child's parent.
(8) Deny employment-related day care assistance to a parent who
is self-employed.
(9) Eliminate the reduced copayment required for
employment-related day care assistance in the first month of
employment.
SECTION 83. Section 19, chapter 827, Oregon Laws 2009, as
amended by section 84, chapter 630, Oregon Laws 2011, is amended
to read:
{ + Sec. 19. + } Notwithstanding section 24, chapter 736,
Oregon Laws 2003 { - , - } { + :
(1) + } For the { - biennium - } { + period + } beginning
July 1, 2011, { + and ending March 31, 2013, + } the Department
of Human Services may limit reimbursement paid to
Medicaid-certified long term care facilities to the rates in
effect on June 30, 2011, in accordance with the legislatively
adopted budget.
{ + (2) For the period beginning April 1, 2013, and ending
June 30, 2013, the department may limit reimbursement paid to
Medicaid-certified long term care facilities to rates equal to or
below the rates in effect on June 30, 2011, in accordance with
the legislatively approved budget, as defined in ORS 291.002. + }
{ +
SMALL SCHOOL DISTRICTS + }
SECTION 84. Section 19, chapter 846, Oregon Laws 2007, is
amended to read:
{ + Sec. 19. + } The amendments to ORS 327.006, 327.008,
327.019, 327.125, 327.137, 339.129 and 340.045 by sections 11 to
17 { - of this 2007 Act - } { + , chapter 846, Oregon Laws
2007, + } and the repeal of ORS 327.355, 327.357 and 327.360 by
section 18 { - of this 2007 Act - } { + , chapter 846, Oregon
Laws 2007, + } become operative on June 30, { - 2012 - }
{ + 2013 + }.
SECTION 85. Section 3, chapter 302, Oregon Laws 2011, is
amended to read:
{ + Sec. 3. + } The amendments to ORS 329.488 by section 2
{ - of this 2011 Act - } { + , chapter 302, Oregon Laws
2011, + } become operative June 30, { - 2012 - } { +
2013 + }.
{ +
LOCAL COURT REPORTS + }
SECTION 86. { + (1) Once every two years, the League of Oregon
Cities and the Association of Oregon Counties shall report to the
Legislative Fiscal Officer information identified by the
Legislative Fiscal Officer relating to the caseload, revenues and
expenditures of municipal courts and justice courts. Before
Enrolled Senate Bill 1579 (SB 1579-A) Page 52
establishing the list of information to be provided, the
Legislative Fiscal Officer shall consult with the League of
Oregon Cities and the Association of Oregon Counties. The
Legislative Fiscal Officer may not request information that
requires additional data gathering by municipal courts, justice
courts, cities and counties. The reported information shall be
based on the fiscal year used by each municipal court and justice
court.
(2) The reports required by this section must be made not later
than October 1 of each even-numbered year. The Legislative Fiscal
Officer may specify the manner in which the reports are made. The
Legislative Fiscal Officer shall provide a summary of the
information provided under this section to the Joint Committee on
Ways and Means upon the convening of the next odd-numbered year
regular session of the Legislative Assembly. Copies of the
summary shall be provided to the League of Oregon Cities and the
Association of Oregon Counties. + }
SECTION 87. { + The first report under section 86 of this 2012
Act must be made not later than October 1, 2012. + }
{ +
OREGON HEALTH INSURANCE EXCHANGE CORPORATION + }
SECTION 88. ORS 741.002 is amended to read:
741.002. (1) The duties of the Oregon Health Insurance Exchange
Corporation are to:
(a) Administer a health insurance exchange in accordance with
federal law to make qualified health plans available to
individuals and groups throughout this state.
(b) Provide information in writing, through an Internet-based
clearinghouse and through a toll-free telephone line that will
assist individuals and small businesses in making informed health
insurance decisions, including:
(A) The grade of each health plan as determined by the
corporation and the grading criteria that were used;
(B) Quality and enrollee satisfaction ratings; and
(C) The comparative costs, benefits, provider networks of
health plans and other useful information.
(c) Establish and make available an electronic calculator that
allows individuals and employers to determine the cost of
coverage after deducting any applicable tax credits or
cost-sharing reduction.
(d) Using procedures approved by the corporation's board of
directors and adopted by rule by the corporation under ORS
741.310, screen, certify and recertify health plans as qualified
health plans according to federal and state standards and ensure
that qualified health plans provide choices of coverage.
(e) Decertify or suspend, in accordance with ORS chapter 183,
the certification of health plans that fail to meet federal and
state standards in order to exclude them from participation in
the exchange.
(f) Promote fair competition of carriers participating in the
exchange by certifying multiple health plans as qualified under
ORS 741.310.
(g) Grade health plans in accordance with criteria established
by the United States Secretary of Health and Human Services and
by the corporation.
(h) Establish open and special enrollment periods for all
enrollees, and monthly enrollment periods for Native Americans in
accordance with federal law.
Enrolled Senate Bill 1579 (SB 1579-A) Page 53
(i) Assist individuals and groups to enroll in qualified health
plans, including defined contribution plans as defined in section
414 of the Internal Revenue Code and, if appropriate, collect and
remit premiums for such individuals or groups.
(j) Facilitate community-based assistance with enrollment in
qualified health plans by awarding grants to entities that are
certified as navigators as described in 42 U.S.C. 18031(i).
(k) Provide information to individuals and employers regarding
the eligibility requirements for state medical assistance
programs and assist eligible individuals and families in applying
for and enrolling in the programs.
(L) Provide employers with the names of employees who end
coverage under a qualified health plan during a plan year.
(m) Certify the eligibility of an individual for an exemption
from the individual responsibility requirement of section 5000A
of the Internal Revenue Code.
(n) Provide information to the federal government necessary for
individuals who are enrolled in qualified health plans through
the exchange to receive tax credits and reduced cost-sharing.
(o) Provide to the federal government:
(A) Information regarding individuals determined to be exempt
from the individual responsibility requirement of section 5000A
of the Internal Revenue Code;
(B) Information regarding employees who have reported a change
in employer;
(C) Information regarding individuals who have ended coverage
during a plan year; and
(D) Any other information necessary to comply with federal
requirements.
(p) Take any other actions necessary and appropriate to comply
with the federal requirements for a health insurance exchange.
(q) Work in coordination with the Oregon Health Authority, the
Oregon Health Policy Board and the Department of Consumer and
Business Services in carrying out its duties.
(2) The corporation may sue and be sued.
(3) The corporation may:
(a) Acquire, lease, rent, own and manage real property.
(b) Construct, equip and furnish buildings or other structures
as are necessary to accommodate the needs of the corporation.
(c) Purchase, rent, lease or otherwise acquire for the
corporation's use all supplies, materials, equipment and services
necessary to carry out the corporation's duties.
(d) Sell or otherwise dispose of any property acquired under
this subsection.
{ + (e) Borrow money and give guarantees to finance its
facilities and operations. + }
(4) Any real property acquired and owned by the corporation
under this section shall be subject to ad valorem taxation.
{ + (5) The corporation may not borrow money or give
guarantees under subsection (3)(e) of this section unless the
obligations of the corporation are payable solely out of the
corporation's own resources and do not constitute a pledge of the
full faith and credit of the State of Oregon or any of the
revenues of this state. The State Treasurer and the State of
Oregon may not pay bond-related costs for an obligation incurred
by the corporation. A holder of an obligation incurred by the
corporation does not have the right to compel the exercise of the
taxing power of the state to pay bond-related costs. + }
{ - (5) - } { + (6) + } The corporation may adopt rules
necessary to carry out its mission, duties and functions.
Enrolled Senate Bill 1579 (SB 1579-A) Page 54
SECTION 89. ORS 741.101 is amended to read:
741.101. { - The Oregon Health Insurance Exchange Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Oregon Health Insurance
Exchange Fund shall be credited to the fund. The Oregon Health
Insurance Exchange Fund consists of moneys received by the Oregon
Health Insurance Exchange Corporation through premiums or the
imposition of fees under ORS 741.105 and moneys received as
grants under ORS 741.310. Moneys in the fund are continuously
appropriated to the Oregon Health Insurance Exchange Corporation
for carrying out the purposes of ORS 741.001 to 741.540. - }
{ + (1) As used in this section, 'depository' has the meaning
given that term in ORS 295.001.
(2) The Oregon Health Insurance Exchange Corporation shall
establish one or more accounts in one or more depositories
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Share Insurance Fund. In a manner
consistent with the requirements of ORS 295.001 to 295.108, the
corporation shall ensure that sufficient collateral secures any
amount of funds on deposit that exceeds the limits of the
coverage of the Federal Deposit Insurance Corporation or the
National Credit Union Share Insurance Fund. All moneys collected
or received by the corporation or placed to the credit of the
corporation that are not invested under ORS 741.105 must be
deposited to the accounts established under this section,
including, but not limited to, moneys received by the corporation
through premiums or the imposition of fees under ORS 741.105 and
moneys received as grants under ORS 741.310. + }
SECTION 90. All moneys remaining unexpended in the Oregon
Health Insurance Exchange Fund on the effective date of this 2012
Act shall be deposited to an account established by the Oregon
Health Insurance Exchange Corporation under ORS 741.101.
SECTION 91. ORS 741.105 is amended to read:
741.105. (1) The Oregon Health Insurance Exchange Corporation
board of directors shall establish, and the corporation shall
impose and collect, an administrative charge from all insurers
and state programs participating in the health insurance exchange
in an amount sufficient to cover the costs of grants to
navigators certified under ORS 741.002 and to pay the
administrative and operational expenses of the corporation in
carrying out ORS 741.001 to 741.540. The charge shall be paid in
a manner and at intervals prescribed by the board and shall be
deposited in { - the Oregon Health Insurance Exchange Fund - }
{ + an account + } established in ORS 741.101.
(2) Each insurer's charge shall be based on the number of
individuals, excluding individuals enrolled in state programs,
who are enrolled in health plans offered by the insurer through
the exchange. The assessment on each state program shall be based
on the number of individuals enrolled in state programs offered
through the exchange. The charge may not exceed:
(a) Five percent of the premium or other monthly charge for
each enrollee if the number of enrollees receiving coverage
through the exchange is at or below 175,000;
(b) Four percent of the premium or other monthly charge for
each enrollee if the number of enrollees receiving coverage
through the exchange is above 175,000 and at or below 300,000;
and
(c) Three percent of the premium or other monthly charge for
each enrollee if the number of enrollees receiving coverage
through the exchange is above 300,000.
Enrolled Senate Bill 1579 (SB 1579-A) Page 55
(3) { + (a) + } If charges collected under subsection (1) of
this section exceed the amounts needed for the administrative and
operational expenses of the corporation, the excess moneys
collected { - shall - } { + may + } be held and invested and,
with the earnings and interest, used by the corporation to offset
future net losses or reduce the administrative costs of the
corporation.
{ + (b) Investments made by the corporation under this
subsection are:
(A) Limited to investments described in ORS 294.035;
(B) Subject to the investment maturity date limitations
described in ORS 294.135; and
(C) Subject to the conduct prohibitions listed in ORS 294.145.
(c) + } The maximum amount of excess moneys that may be held
under this subsection is the total administrative and operational
expenses anticipated by the corporation for a six-month period.
Any moneys received that exceed the maximum shall be applied by
the corporation to reduce the charges imposed by this section.
(4) Charges shall be based on annual statements and other
reports deemed necessary by the corporation and filed by an
insurer or state program with the exchange.
(5) In addition to charges imposed under subsection (1) of this
section, to the extent permitted by federal law the corporation
may impose a fee on insurers and state programs participating in
the exchange to cover the cost of commissions of insurance
producers that are certified by the corporation to facilitate the
participation of individuals and employers in the exchange.
(6) The board shall establish the charges and fees under this
section in accordance with ORS 183.310 to 183.410 and in such a
manner that will reasonably and substantially accomplish the
objective of subsections (1) and (5) of this section.
SECTION 92. ORS 741.201 is amended to read:
741.201. (1) The Oregon Health Insurance Exchange Corporation
is under the supervision of an executive director appointed by
the corporation board of directors. The executive director serves
at the pleasure of the board. The executive director shall be
paid a salary as prescribed by the board.
(2) Before assuming the duties of the office, the executive
director shall:
(a) Give to the state a fidelity bond, with one or more
corporate sureties authorized to do business in this state, in a
penal sum prescribed by the Director of the Oregon Department of
Administrative Services, but not less than $50,000. The premium
for the bond shall be paid from { - the Oregon Health Insurance
Exchange Fund - } { + an account established under ORS
741.101 + }.
(b) Subscribe to an oath that the executive director faithfully
and impartially will discharge the duties of the office and that
the executive director will support the Constitution of the
United States and the Constitution of the State of Oregon. The
executive director shall file a copy of the signed oath with the
Secretary of State.
(3) The executive director { - may establish a line of credit
under ORS 293.214 and - } has such other powers as are necessary
to carry out the duties of the corporation, subject to policy
direction by the board.
(4) The executive director may employ, supervise and terminate
the employment of such staff as the executive director deems
necessary. The executive director shall prescribe their duties
and fix their compensation, in accordance with the personnel
Enrolled Senate Bill 1579 (SB 1579-A) Page 56
policies adopted by the board. Employees of the corporation may
not be individuals who are:
(a) Employed by, consultants to or members of a board of
directors of:
(A) An insurer or third party administrator;
(B) An insurance producer; or
(C) A health care provider, health care facility or health
clinic;
(b) Members, board members or employees of a trade association
of:
(A) Insurers or third party administrators; or
(B) Health care providers, health care facilities or health
clinics; or
(c) Health care providers, unless they receive no compensation
for rendering services as health care providers and do not have
ownership interests in professional health care practices.
(5) The board shall adopt personnel policies, subject to ORS
236.605 to 236.640, for any transferred public employees. The
board may elect to provide for participation in a health benefit
plan available to state employees pursuant to ORS 243.105 to
243.285 and may elect to participate in the state deferred
compensation plan established under ORS 243.401 to 243.507. If
the board so elects, employees of the corporation shall be
considered eligible employees for purposes of ORS 243.105 to
243.285 and eligible state employees for purposes of ORS 243.401
to 243.507.
(6) With respect to the Public Employees Retirement System,
employees of the corporation shall be considered employees for
purposes of ORS chapter 238 and eligible employees for purposes
of ORS chapter 238A.
(7) Employees of the corporation may participate in collective
bargaining in accordance with ORS 243.650 to 243.782.
SECTION 93. ORS 741.220 is amended to read:
741.220. (1) The Oregon Health Insurance Exchange Corporation
shall keep an accurate accounting of the operation and all
activities, receipts and expenditures of the corporation and the
health insurance exchange.
(2) Beginning after the first 12 months of the operation of the
exchange and every 12 months thereafter, the Secretary of State
shall conduct a financial audit of the corporation and the
{ - fund - } { + accounts established under ORS 741.101 + }
pursuant to ORS 297.210, which shall include but is not limited
to:
(a) A review of the sources and uses of the moneys in the
{ - fund - } { + accounts + };
(b) A review of charges and fees imposed and collected pursuant
to ORS 741.105; and
(c) A review of premiums collected and remitted.
(3) Beginning after the first 24 months of the operation of the
exchange and every two years thereafter, the Secretary of State
shall conduct a performance audit of the corporation and the
exchange.
(4) The corporation board of directors, the executive director
of the corporation and employees of the corporation shall
cooperate with the Secretary of State in the audits and reviews
conducted under subsections (2) and (3) of this section.
(5) The audits shall be conducted using generally accepted
accounting principles and any financial integrity requirements of
federal authorities.
Enrolled Senate Bill 1579 (SB 1579-A) Page 57
(6) The cost of the audits required by subsections (2) and (3)
of this section shall be paid by the corporation.
(7) The Secretary of State shall issue a report to the
Governor, the President of the Senate, the Speaker of the House
of Representatives, the Oregon Health Authority, the Oregon
Health Policy Board, the Department of Consumer and Business
Services and appropriate federal authorities on the results of
each audit conducted pursuant to this section, including any
recommendations for corrective actions. The report shall be
available for public inspection, in accordance with the Secretary
of State's established rules and procedures governing public
disclosure of audit documents.
(8) To the extent the audit requirements under this section are
similar to any audit requirements imposed on the corporation by
federal authorities, the Secretary of State and the corporation
shall make reasonable efforts to coordinate with the federal
authorities to promote efficiency and the best use of resources
in the timing and provision of information.
(9) Not later than the 90th day after the Secretary of State
completes and delivers an audit report issued under subsection
(7) of this section, the corporation shall notify the Secretary
of State in writing of the corrective actions taken or to be
taken, if any, in response to any recommendations in the report.
The Secretary of State may extend the 90-day period for good
cause.
SECTION 94. ORS 741.027 is amended to read:
741.027. (1) The Oregon Health Insurance Exchange Corporation
board of directors shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties
and powers necessary for the performance of the functions of
those offices as the board determines.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The board shall meet at least once every three months at a
place, day and hour determined by the board. The board shall meet
at such other times and places specified by the call of the
chairperson or of a majority of the members of the board.
(4)(a) Whenever a member of the board has a conflict of
interest on an issue that is before the board, the member shall
declare to the board the nature of the conflict and the
declaration shall be recorded in the official records of the
board. The member may participate in any discussion on the issue
but may not vote on the issue.
(b) As used in this subsection:
(A) 'Business' has the meaning given that term in ORS 244.020.
(B) 'Business with which the member or the member's relative is
associated' has the meaning given the term 'business with which
the person is associated' in ORS 244.020.
(C) 'Conflict of interest' means that by taking any action or
making any decision or recommendation on an issue, the member,
the member's relative, or any business with which the member or
the member's relative is associated, would receive a private
pecuniary benefit or detriment, unless the pecuniary benefit or
detriment would affect to the same degree a class consisting of
all consumers of or payers for health care in this state.
(5) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495, subject to the availability
of funds in { - the Oregon Health Insurance Exchange Fund - }
{ + an account established under ORS 741.101 + }.
Enrolled Senate Bill 1579 (SB 1579-A) Page 58
(6) ORS 192.610 to 192.690 apply to the board, to the
Individual and Employer Consumer Advisory Committee established
by ORS 741.029 and to any advisory and technical committees
established by the board under ORS 741.031.
SECTION 95. ORS 741.222 is amended to read:
741.222. (1) The executive director of the Oregon Health
Insurance Exchange Corporation shall report to the Legislative
Assembly each calendar quarter on:
(a) The financial condition of the health insurance exchange,
including actual and projected revenues and expenses of the
administrative operations of the exchange and commissions paid to
insurance producers out of fees collected under ORS 741.105 (5);
(b) The implementation of the business plan adopted by the
corporation board of directors;
(c) The development of the information technology system for
the exchange; and
(d) Any other information requested by the leadership of the
Legislative Assembly.
(2) The corporation board of directors shall provide to the
Legislative Assembly, the Governor, the Oregon Health Authority,
the Oregon Health Policy Board and the Department of Consumer and
Business Services, not later than April 15 of each year:
(a) A report covering the activities and operations of the
corporation during the previous year of operations;
(b) A statement of the financial condition { + , + } { - of
the Oregon Health Insurance Exchange Fund - } as of December 31
of the previous year { + , of the accounts established under ORS
741.101 + };
(c) A description of the role of insurance producers in the
exchange; and
(d) Recommendations, if any, for additional groups to be
eligible to purchase qualified health plans through the exchange
under ORS 741.310.
SECTION 96. ORS 741.310 is amended to read:
741.310. (1) The following individuals and groups may purchase
qualified health plans through the health insurance exchange:
(a) Beginning January 1, 2014, individuals and employers with
no more than 50 employees.
(b) Beginning January 1, 2016, employers with 51 to 100
employees.
(2)(a) Only individuals who purchase health plans through the
exchange may be eligible to receive premium tax credits under
section 36B of the Internal Revenue Code and reduced cost-sharing
under 42 U.S.C. 18071.
(b) Only employers that purchase health plans through the
exchange may be eligible to receive small employer health
insurance credits under section 45R of the Internal Revenue Code.
(3) Only an insurer that has a certificate of authority to
transact insurance in this state and that meets applicable
federal requirements for participating in the exchange may offer
a qualified health plan through the exchange. Any qualified
health plan must be certified under subsection (4) of this
section. Prepaid managed care health services organizations that
do not have a certificate of authority to transact insurance may
serve only medical assistance recipients through the exchange and
may not offer qualified health plans.
(4) The Oregon Health Insurance Exchange Corporation shall
adopt by rule uniform requirements, standards and criteria for
the certification of qualified health plans, including
requirements that a qualified health plan provide, at a minimum,
Enrolled Senate Bill 1579 (SB 1579-A) Page 59
essential health benefits and have acceptable consumer and
provider satisfaction ratings. The corporation may limit the
number of qualified health plans that may be offered through the
exchange as long as the same limit applies to all insurers.
(5) Notwithstanding subsection (4) of this section, the
corporation shall certify as qualified a dental only health plan
as permitted by federal law.
(6) The corporation shall establish one streamlined and
seamless application and enrollment process for both the exchange
and the state medical assistance program.
(7) The corporation, in collaboration with the appropriate
state authorities, may establish risk mediation programs within
the exchange.
(8) The corporation shall establish by rule a process for
certifying insurance producers to facilitate the transaction of
insurance through the exchange, in accordance with federal
standards and policies.
(9) The corporation shall ensure, as required by federal laws,
that an insurer charges the same premiums for plans sold through
the exchange as for identical plans sold outside of the exchange.
(10) The corporation is authorized to enter into contracts for
the performance of duties, functions or operations of the
exchange, including but not limited to contracting with:
(a) All insurers that meet the requirements of subsections (3)
and (4) of this section, to offer qualified health plans through
the exchange; and
(b) Navigators certified by the corporation under ORS 741.002.
(11) The corporation is authorized to apply for and accept
federal grants, other federal funds and grants from
nongovernmental organizations for purposes of developing,
implementing and administering the exchange. Moneys received
under this subsection shall be deposited in { - and credited to
the Oregon Health Insurance Exchange Fund - } { + an
account + } established under ORS 741.101.
SECTION 97. ORS 741.310, as amended by section 12, chapter 415,
Oregon Laws 2011, is amended to read:
741.310. (1) Individuals and employers with no more than 100
employees may purchase qualified health plans through the health
insurance exchange.
(2)(a) Only individuals who purchase health plans through the
exchange may be eligible to receive premium tax credits under
section 36B of the Internal Revenue Code and reduced cost-sharing
under 42 U.S.C. 18071.
(b) Only employers that purchase health plans through the
exchange may be eligible to receive small employer health
insurance credits under section 45R of the Internal Revenue Code.
(3) Only an insurer that has a certificate of authority to
transact insurance in this state and that meets applicable
federal requirements for participating in the exchange may offer
a qualified health plan through the exchange. Any qualified
health plan must be certified under subsection (4) of this
section. Prepaid managed care health services organizations that
do not have a certificate of authority to transact insurance may
serve only medical assistance recipients through the exchange and
may not offer qualified health plans.
(4) The Oregon Health Insurance Exchange Corporation shall
adopt by rule uniform requirements, standards and criteria for
the certification of qualified health plans, including
requirements that a qualified health plan provide, at a minimum,
essential health benefits and have acceptable consumer and
Enrolled Senate Bill 1579 (SB 1579-A) Page 60
provider satisfaction ratings. The corporation may limit the
number of qualified health plans that may be offered through the
exchange as long as the same limit applies to all insurers.
(5) Notwithstanding subsection (4) of this section, the
corporation shall certify as qualified a dental only health plan
as permitted by federal law.
(6) The corporation shall establish one streamlined and
seamless application and enrollment process for both the exchange
and the state medical assistance program.
(7) The corporation, in collaboration with the appropriate
state authorities, may establish risk mediation programs within
the exchange.
(8) The corporation shall establish by rule a process for
certifying insurance producers to facilitate the transaction of
insurance through the exchange, in accordance with federal
standards and policies.
(9) The corporation shall ensure, as required by federal laws,
that an insurer charges the same premiums for plans sold through
the exchange as for identical plans sold outside of the exchange.
(10) The corporation is authorized to enter into contracts for
the performance of duties, functions or operations of the
exchange, including but not limited to contracting with:
(a) Insurers that meet the requirements of subsections (3) and
(4) of this section, to offer qualified health plans through the
exchange; and
(b) Navigators certified by the corporation under ORS 741.002.
(11) The corporation is authorized to apply for and accept
federal grants, other federal funds and grants from
nongovernmental organizations for purposes of developing,
implementing and administering the exchange. Moneys received
under this subsection shall be deposited in { - and credited to
the Oregon Health Insurance Exchange Fund - } { + an
account + } established under ORS 741.101.
{ +
OREGON LOCAL DISASTER ASSISTANCE LOAN
+ }
{ +
AND GRANT ACCOUNT
+ }
SECTION 98. ORS 401.536 is amended to read:
401.536. (1) The Oregon Local Disaster Assistance Loan { + and
Grant + } Account is established as an account in the Oregon
Disaster Response Fund. The account consists of moneys
appropriated by the Legislative Assembly and any other moneys
deposited into the account pursuant to law.
(2) Moneys in the account are continuously appropriated to the
Oregon Military Department for:
(a) Providing loans to local governments, as defined in ORS
174.116, and school districts to match, either in full or in
part, moneys from federal programs for federally declared
disaster relief that require a match;
{ + (b) Providing loans and grants to local governments, as
defined in ORS 174.116, and school districts, for the purpose of
paying costs incurred by local governments and school districts
in response to federally declared disasters; + } and
{ - (b) - } { + (c) + } Subject to subsection { - (4) - }
{ + (5) + } of this section, paying the department's expenses
Enrolled Senate Bill 1579 (SB 1579-A) Page 61
for administering { + loans made from + } the account { + under
paragraph (a) of this subsection + }.
{ + (3) Loans made under subsection (2)(b) of this section
shall be repaid pursuant to such terms and conditions as may be
established by the Oregon Department of Administrative Services.
Loans made under subsection (2)(b) of this section may be
interest free, or bear interest at a rate established by the
Oregon Department of Administrative Services. Amounts repaid on
loans made under subsection (2)(b) of this section shall be
deposited in the General Fund. + }
{ - (3) - } { + (4) + } The { + Oregon Military + }
Department shall deposit into the account any amounts repaid on
loans made under { + subsection (2)(a) of + } this section.
{ - (4) - } { + (5) + } The { + Oregon Military + }
Department may not charge the account more than five percent of
the maximum amount in the account during a biennium for
administrative expenses { + attributable to a loan made under
subsection (2)(a) of this section + }.
{ - (5) - } { + (6) + } An applicant may apply to the
{ + Oregon Military + } Department for a loan { - from the
account - } { + under subsection (2)(a) of this section + }.
The department shall consider the application, make a
recommendation and submit the application and recommendation to
the Local Disaster Assistance Review Board established under
subsection { - (6) - } { + (7) + } of this section.
{ - (6) - } { + (7) + } The { + Oregon Military + }
Department shall establish a Local Disaster Assistance Review
Board to:
(a) Review the recommendations of the department regarding
loans { - from the account - } { + under subsection (2)(a) of
this section + };
(b) Approve, by a majority vote of members, the amount of any
loan { + under subsection (2)(a) of this section + }; and
(c) Approve, by a majority vote of members, the terms and
conditions of any loan { + under subsection (2)(a) of this
section + }.
{ - (7) - } { + (8) + } The review board shall include:
(a) Three members of county governing bodies, with at least one
member representing a county from east of the crest of the
Cascade Mountains, with membership determined by the Association
of Oregon Counties;
(b) Three members of city governing bodies, with at least one
member representing a city from east of the crest of the Cascade
Mountains, with membership determined by the League of Oregon
Cities;
(c) A representative of the office of the State Treasurer;
(d) A representative of the Oregon Military Department;
(e) A representative of school districts, with membership
determined by the Oregon School Boards Association;
(f) A representative of special districts, with membership
determined by the Special Districts Association of Oregon;
(g) A representative of the Oregon Department of Administrative
Services; and
(h) Two additional members determined jointly by the
department, the Association of Oregon Counties and the League of
Oregon Cities.
{ - (8) - } { + (9) + } The Office of Emergency Management
of the Oregon Military Department shall adopt rules establishing:
(a) A loan application process and application forms { + for
loans under subsection (2)(a) of this section + };
Enrolled Senate Bill 1579 (SB 1579-A) Page 62
(b) Reasonable financial terms and conditions for loans { +
under subsection (2)(a) of this section + }, including interest
and the repayment of the loans;
(c) Eligibility requirements for { - loan - }
applicants { + for loans under subsection (2)(a) of this
section + };
(d) The maximum amount an applicant for a loan { + under
subsection (2)(a) of this section + } may receive;
(e) The methodology the department will use for charging the
account for administrative expenses; and
(f) Procedures for submission of { - loan - }
recommendations to the review board { + for loans under
subsection (2)(a) of this section + }.
{ - (9) - } { + (10) + } The Oregon Military Department
shall provide staff support for the review board.
{ +
TRANSFERS + }
SECTION 99. Except as provided in sections 31, 32 and 73 of
this 2012 Act, the transfers described in sections 26, 27, 28,
31, 32, 33, 34, 35, 53, 54, 72 and 73 of this 2012 Act shall be
made on the effective date of this 2012 Act from moneys
maintained, on the effective date of this 2012 Act, in the funds
or accounts from which the transfers are made.
{ +
REPEALS + }
SECTION 100. { + (1) ORS 291.385 and 391.100 are repealed.
(2) The Light Rail Construction Fund created under ORS 391.100
is abolished. Any moneys remaining in the Light Rail Construction
Fund on the effective date of this 2012 Act are transferred to
the General Fund. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 101. ORS 199.432 is amended to read:
199.432. (1) A boundary commission created under ORS 199.430
may sue and be sued, enter into contracts and perform such other
actions as may be necessary to carry out the provisions of ORS
199.410 to 199.534.
(2) A boundary commission is a state agency as defined in ORS
291.002 and is not subject to the provisions of ORS 291.201 to
291.226, 291.232 to 291.260, 291.371, 291.373 { - , - } { +
or + } 291.375 { - or 291.385 - } .
(3) A boundary commission employing personnel under ORS 199.455
shall provide employee benefits provided to state management
service employees.
SECTION 102. ORS 291.100 is amended to read:
291.100. (1) It is the intent of the Legislative Assembly, in
funding the development and implementation of a new statewide
financial management system, that statewide financial management
systems and policies support program-driven budget planning and
execution, based on timely and accurate statewide managerial cost
accounting information and that such systems support legislative
program evaluation and performance auditing of statewide programs
and services.
Enrolled Senate Bill 1579 (SB 1579-A) Page 63
(2) The Oregon Department of Administrative Services shall
devise and supervise statewide financial management systems for
all state agencies by preparing policies and procedures for
implementing and operating financial management systems for all
agencies in state government and measuring implementation. In
order to { - assure - } { + ensure + } that the state's
investment in a modern and complete statewide financial
management system is fully implemented, every agency and unit of
state government shall:
(a) Cooperate and comply fully with policies and procedures and
deadlines prepared by the Oregon Department of Administrative
Services for establishing a database for the financial management
system.
(b) Comply fully with policies and procedures prepared by the
Oregon Department of Administrative Services for operation of the
financial management system.
(3) The Oregon Department of Administrative Services shall
report to the Legislative Assembly no later than December 1 of
even-numbered years:
(a) Progress in implementing the financial management system as
to preparation of financial statements, nonfinancial management
information and the ability of the system to support legislative
program evaluation and performance auditing.
(b) Compliance by each agency and unit of state government with
policies and procedures of the Oregon Department of
Administrative Services for implementation of the financial
management system.
(4) After a review of the Oregon Department of Administrative
Services report by the Legislative Fiscal Officer, the Joint
Legislative Audit Committee may schedule a hearing for any agency
or unit of state government to review compliance with this
section and policies and procedures of the Oregon Department of
Administrative Services, prior to any appropriation approval by
the Legislative Assembly { - , as provided in ORS 171.585
(1) - } .
SECTION 103. 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 { + Interim + }
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,
Enrolled Senate Bill 1579 (SB 1579-A) Page 64
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.
{ +
CONFLICT AMENDMENTS + }
SECTION 104. { + If House Bill 4163 becomes law, section 75 of
this 2012 Act (amending ORS 1.177) is repealed and ORS 1.177, as
amended by section 1, chapter ___, Oregon Laws 2012 (Enrolled
House Bill 4163), is amended to read: + }
1.177. { - (1) The Chief Justice of the Supreme Court may
appoint an Advisory Committee on State Court Security and
Emergency Preparedness for the Supreme Court, Court of Appeals,
Oregon Tax Court and office of the State Court Administrator. - }
{ - (2) A committee appointed under this section shall meet
at the call of the Chief Justice. - }
{ - (3) A committee appointed under this section shall submit
to the Chief Justice a state plan for state court security
improvement, emergency preparedness and business continuity for
each building containing or utilized by the Supreme Court, Court
of Appeals, Oregon Tax Court or office of the State Court
Administrator. The plan shall include capital outlay needs and
may include recommendations concerning: - }
{ - (a) Procedures for the secure handling, transportation
and disposal of hazardous substances and contraband in court
proceedings; - }
{ - (b) Emergency alarm systems accessible to all court
employees; - }
{ - (c) Physical security for judges, staff and the
public; - }
{ - (d) Procedures for emergency evacuation of buildings
containing or utilized by the Supreme Court, Court of Appeals,
Oregon Tax Court or office of the State Court Administrator; - }
{ - (e) Procedures for identifying judicial security
personnel, including a judicial security marshal to be appointed
by the Chief Justice, who shall be responsible for: - }
{ - (A) The management of the plan; - }
{ - (B) A regular security inspection of each building
containing or utilized by the Supreme Court, Court of Appeals,
Oregon Tax Court or office of the State Court Administrator;
and - }
{ - (C) Regular security training of sheriff's department,
judicial department and district attorney personnel; and - }
Enrolled Senate Bill 1579 (SB 1579-A) Page 65
{ - (f) Priorities for available court facilities within the
building based on the level of security needed. - }
{ - (4) The plan may also include: - }
{ - (a) An evaluation of how each of the items listed in
subsection (3) of this section is being addressed and should be
addressed; - }
{ - (b) How practices, facilities and equipment falling below
appropriate levels are to be improved; - }
{ - (c) The anticipated cost of improving practices,
facilities and equipment that fall below appropriate levels; - }
{ - (d) The funding source for each improvement; and - }
{ - (e) The time schedule for implementation of
improvements. - }
{ - (5) Adoption of a plan under this section is subject to
the approval of the Chief Justice. The plan may conclude that
state court facility security is adequate. - }
{ - (6) Implementation of the elements of a plan that have a
significant fiscal impact are subject to availability of
funding. - }
{ - (7) The plan adopted under this section shall be reviewed
and revised or amended as needed, not later than June 30 of each
odd-numbered year. - }
{ + (1) The Chief Justice of the Supreme Court may adopt
state standards, and a state plan, for state court security,
emergency preparedness and business continuity for facilities
used by judges or staff of a circuit court, the Supreme Court,
Court of Appeals or Oregon Tax Court or the office of the State
Court Administrator.
(2) The Chief Justice may appoint a judicial security officer
and other judicial security personnel charged with implementing a
state plan adopted under subsection (1) of this section. + }
{ - (8) - } { + (3) + } Except as provided in this
subsection, a plan
{ - prepared - } { + adopted + } under this section
{ - is - } { + and all documents related to development of the
plan are + } confidential and need not be disclosed under the
provisions of ORS 192.410 to 192.505. The Chief Justice may
authorize the disclosure of all or part of a plan prepared under
this section if the Chief Justice determines that the interest of
the public would be served by the disclosure and that the
disclosure will not impair the integrity of the plan. Records of
expenditures for a state court security plan and records of
equipment purchased under the plan are not confidential under the
provisions of this subsection, and are subject to disclosure as
public records under the provisions of ORS 192.410 to 192.505.
SECTION 105. { + If House Bill 4082 becomes law, section 44 of
this 2012 Act (amending ORS 419A.170) is repealed and section 2,
chapter ___, Oregon Laws 2012 (Enrolled House Bill 4082), is
amended to read: + }
{ + Sec. 2. + } (1) In every case under ORS chapter 419B, the
court shall appoint a court appointed special advocate. The court
appointed special advocate is deemed a party in these proceedings
and may be represented by counsel, file pleadings and request
hearings and may subpoena, examine and cross-examine witnesses.
If the court appointed special advocate is represented by
counsel, counsel shall be paid from funds in the Court Appointed
Special Advocate Fund established under section 5 { + , chapter
___, Oregon Laws 2012 (Enrolled House Bill 4082) + } { - of
this 2012 Act - } . { - Funds from the Public Defense Services
Account, or from Judicial Department operating funds, may not be
Enrolled Senate Bill 1579 (SB 1579-A) Page 66
used for this purpose. - } { + Counsel representing a court
appointed special advocate may not be paid from moneys in the
Public Defense Services Account established by ORS 151.225, from
moneys appropriated to the Public Defense Services Commission or
from Judicial Department operating funds. + }
(2) Subject to the direction of the court, the duties of the
court appointed special advocate are to:
(a) Investigate all relevant information about the case;
(b) Advocate for the child or ward, ensuring that all relevant
facts are brought before the court;
(c) Facilitate and negotiate to ensure that the court, the
Department of Human Services, if applicable, and the child or
ward's attorney, if any, fulfill their obligations to the child
or ward in a timely fashion; and
(d) Monitor all court orders to ensure compliance and to bring
to the court's attention any change in circumstances that may
require a modification of an order of the court.
(3) If a juvenile court does not have a sufficient number of
qualified court appointed special advocates available to it, the
court may, in fulfillment of the requirements of this section,
appoint a juvenile department employee or other suitable person
to represent the child or ward's interest in court pursuant to
ORS 419A.012 or 419B.195.
(4) Any person appointed as a court appointed special advocate
in any judicial proceeding on behalf of the child or ward is
immune from any liability for defamation or statements made in
good faith by that person, orally or in writing, in the course of
the case review or judicial proceeding.
(5) Any person appointed as a court appointed special advocate,
CASA Volunteer Program director, CASA Volunteer Program employee
or member of the board of directors or trustees of any CASA
Volunteer Program is immune from any liability for acts or
omissions or errors in judgment made in good faith in the course
or scope of that person's duties or employment as part of a CASA
Volunteer Program.
(6) Whenever the court appoints a court appointed special
advocate or other person under subsections (1) to (3) of this
section to represent the child or ward, the court may require a
parent, if able, or guardian of the estate, if the estate is
able, to pay, in whole or in part, the reasonable costs of court
appointed special advocate services, including reasonable
attorney fees. The court's order of payment is enforceable in the
same manner as an order of support under ORS 419B.408.
(7) Upon presentation of the order of appointment by the court
appointed special advocate, any agency, hospital, school
organization, division, office or department of the state,
doctor, nurse or other health care provider, psychologist,
psychiatrist, police department or mental health clinic shall
permit the court appointed special advocate to inspect and copy,
and may consult with the court appointed special advocate
regarding, any records relating to the child or ward involved in
the case, without the consent of the child, ward or parents.
(8) All records and information acquired or reviewed by a court
appointed special advocate during the course of official duties
are deemed confidential under ORS 419A.255.
(9) For the purposes of a Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) grant to this state under P.L.
93-247, or any related state or federal legislation, a court
appointed special advocate or other person appointed pursuant to
subsections (1) to (3) of this section is deemed a guardian ad
Enrolled Senate Bill 1579 (SB 1579-A) Page 67
litem to represent the interests of the child or ward in
proceedings before the court.
SECTION 106. If House Bill 4082 becomes law, section 49 of this
2012 Act is amended to read:
{ + Sec. 49. + } Section 38 of this 2012 Act and the
amendments to ORS 45.275, 45.285, 135.050, 151.216, 151.225,
151.487,
{ - 419A.170, - } 419A.211, 419B.198, 419C.203 and
419C.535 { + and section 2, chapter ___, Oregon Laws 2012
(Enrolled House Bill 4082), + } by sections 37 { + , + }
{ - and - } 39 to 48 { + and 105 + } of this 2012 Act become
operative on July 1, 2012.
{ +
CAPTIONS + }
SECTION 107. { + The unit captions used in this 2012 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2012 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 108. { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
----------
Passed by Senate March 5, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House March 5, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1579 (SB 1579-A) Page 68
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1579 (SB 1579-A) Page 69
