Bill Text: OR SB300 | 2013 | Regular Session | Introduced
Bill Title: Relating to persons who serve at the pleasure of the Governor; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB300 Detail]
Download: Oregon-2013-SB300-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 314
Senate Bill 300
Sponsored by Senator JOHNSON (at the request of John DiLorenzo)
(Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Provides that certain persons appointed by Governor and certain
persons appointed to positions in executive department serve at
pleasure of Governor.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to persons who serve at the pleasure of the Governor;
amending ORS 97.774, 101.140, 127.675, 144.005, 146.035,
161.385, 179.331, 181.200, 181.220, 181.620, 181.637, 183.610,
184.628, 197.030, 197.085, 197.165, 197.810, 237.956, 240.065,
243.505, 244.310, 273.161, 273.573, 276.227, 284.107, 284.142,
284.325, 285A.101, 291.038, 294.610, 306.135, 326.375, 353.040,
353.060, 353.606, 357.015, 358.666, 359.135, 366.212, 374.360,
390.127, 390.565, 390.977, 396.150, 396.165, 398.012, 401.062,
401.072, 404.100, 406.500, 409.462, 410.603, 413.017, 413.574,
414.353, 417.040, 417.346, 417.810, 418.005, 418.704, 418.941,
418.985, 421.344, 423.085, 427.205, 430.050, 430.073, 431.035,
431.045, 431.623, 431.978, 432.020, 441.103, 442.011, 442.800,
442.835, 448.153, 453.645, 455.144, 455.492, 458.563, 462.230,
463.125, 463.149, 465.420, 468.030, 469.820, 470.070, 471.547,
471.705, 471.710, 471.720, 475.303, 476.020, 477.440, 479.810,
480.540, 496.085, 496.112, 496.228, 496.286, 506.465, 508.755,
508.867, 509.590, 516.120, 526.009, 526.031, 526.700, 536.090,
561.395, 561.700, 561.760, 565.021, 565.410, 569.600, 570.770,
570.780, 571.025, 571.515, 577.230, 578.030, 596.210, 602.020,
624.121, 633.479, 634.600, 654.189, 656.709, 656.712, 656.718,
672.250, 672.615, 673.455, 676.610, 677.540, 677.780, 682.039,
683.240, 685.145, 689.165, 689.645, 705.105, 735.610, 741.025,
741.029, 743.827, 756.014, 756.026, 757.834, 759.430, 802.350,
802.370 and 830.135; repealing ORS 240.075, 469.830, 577.250
and 656.714; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 496.228 is amended to read:
496.228. (1) There is established within the State Department
of Fish and Wildlife the Access and Habitat Board, consisting of
seven members appointed by the State Fish and Wildlife
Commission.
(2) Three members shall be appointed to represent the broad
spectrum of hunters. In making appointments pursuant to this
subsection, the commission shall consider recommendations from
the State Fish and Wildlife Director.
(3) Three members of the board shall be appointed to represent
the broad spectrum of agriculture and timber landowners. In
making appointments pursuant to this subsection, the commission
shall consider recommendations from the State Fish and Wildlife
Director from a list of at least five persons submitted by the
State Forester and the Director of Agriculture.
(4) One member of the board shall be appointed to represent the
public and shall serve as the board chairperson.
(5) A member of the board shall receive no compensation for
services as a member. However, subject to any applicable law
regulating travel and other expenses of state officers and
employees, a member shall be reimbursed for actual and necessary
travel and other expenses incurred in the performance of official
duties from such moneys as are made available by section 19,
chapter 659, Oregon Laws 1993.
(6) The term of office of a member of the board is four years.
A member of the board is eligible for reappointment. { +
Members of the board serve at the pleasure of the commission and
the Governor. + }
(7) An official action of the board may be taken only upon the
affirmative vote of at least four members.
(8) The board shall select such officers for such terms and
with such duties and powers as the board considers necessary for
the performance of those offices.
(9) The board shall meet at such times and at such places as
may be determined by the chair or by the majority of the members
of the board.
SECTION 2. ORS 374.360 is amended to read:
374.360. (1) If the applicant or permit holder of an approach
permit requests a review by an Access Management Dispute Review
Board under ORS 374.355, the Department of Transportation shall
appoint an Access Management Dispute Review Board by selecting
members for a board consisting of any or all of following:
(a) The Director of Transportation or a designee of the
director who is familiar with the location in which the disputed
approach is located.
(b) A representative of the local jurisdiction in which the
disputed approach is located.
(c) A traffic engineer who practices engineering in Oregon.
(d) A representative from the economic or business sector.
{ + (2) Members of the Access Management Dispute Review Board
serve at the pleasure of the department and the Governor. + }
{ - (2) - } { + (3) + } The Access Management Dispute
Review Board shall consider information presented by the parties
and shall notify the applicant or permit holder and the director
of its findings regarding the department's original decision.
{ - (3) - } { + (4) + } The director shall review the
Access Management Dispute Review Board's findings and may
approve, modify or reverse the department's original decision to
approve an application for an approach permit with conditions, to
modify or require mitigation measures for an existing approach
permit, to deny the approach permit or to remove or modify an
approach.
{ - (4) - } { + (5) + } The director shall notify the
applicant or permit holder in writing of the department's
determination following a review by an Access Management Dispute
Review Board appointed under this section.
SECTION 3. ORS 677.780 is amended to read:
677.780. (1) There is established an Acupuncture Advisory
Committee consisting of six members appointed by the Oregon
Medical Board. Of the committee members appointed by the board:
(a) One shall be a person who is a current member of the board.
(b) Two shall be physicians licensed under ORS chapter 677.
(c) Three shall be acupuncturists licensed under ORS 677.759.
In appointing the three acupuncturists, the board may receive
nominations from the Oregon Association of Acupuncture and
Oriental Medicine and other professional acupuncture
organizations.
(2) The term of office of each committee member is three years,
but a committee member serves at the pleasure of the board { +
and the Governor + }. A committee member may not serve more than
two consecutive terms. A committee member serves until a
successor is appointed and qualified. If there is a vacancy for
any cause, the board shall make an appointment to become
immediately effective for the unexpired term.
(3) A committee member is entitled to compensation and expenses
as provided for board members in ORS 677.235.
(4) A majority of the members of the committee constitutes a
quorum for the transaction of business.
SECTION 4. ORS 396.150 is amended to read:
396.150. (1) The Governor shall appoint an Adjutant General who
shall hold office for a four-year term or until relieved by
reason of resignation, withdrawal of federal
recognition { + , + } { - or - } for cause to be determined by
a court-martial { + or at the discretion of the Governor + }.
The current term of an Adjutant General continues until its
prescribed expiration date while such Adjutant General is serving
in a federal active duty status under an order or call by the
President of the United States. Voluntary entry onto extended
active duty by a person holding the office of Adjutant General is
an automatic resignation of such officer.
(2) A person is eligible for appointment to the office of
Adjutant General if the person is an officer of the Oregon
National Guard, federally recognized in the grade of lieutenant
colonel or higher, and has completed at least six years' service
in the Oregon National Guard as a federally recognized officer.
(3) The Adjutant General may be appointed in the grade of
lieutenant colonel or higher, but not exceeding that of
lieutenant general. If appointed in a lower grade, the Adjutant
General may be promoted by the Governor to any grade not
exceeding that of lieutenant general.
SECTION 5. ORS 396.165 is amended to read:
396.165. (1) The Adjutant General may appoint three Assistant
Adjutants General, two from the Army National Guard of Oregon and
one from the Air National Guard of Oregon who shall serve at the
pleasure of the Adjutant General or until relieved by reason of
resignation, withdrawal of federal recognition { + , + }
{ - or - } for cause to be determined by a court-martial { +
or at the discretion of the Governor + }. Voluntary entry onto
extended active duty by a person holding the office of Assistant
Adjutant General shall be deemed automatic resignation of such
officer.
(2) To be eligible for appointment to the office of Assistant
Adjutant General, a person must be an officer of the Oregon
National Guard, federally recognized in the grade of lieutenant
colonel or higher, and must have completed at least six years
service in the Oregon National Guard as a federally recognized
officer.
(3) An Assistant Adjutant General may be appointed in the grade
of lieutenant colonel or higher, but not exceeding that of
brigadier general. An Assistant Adjutant General may be promoted
by the Governor to any grade not exceeding that of brigadier
general, to serve in such grade only upon receipt of federal
recognition therein.
(4) The Assistant Adjutants General shall perform such duties
as may be assigned by the Adjutant General.
(5) An Assistant Adjutant General shall be compensated at a
rate determined by the Oregon Department of Administrative
Services.
(6) In any absence of the Adjutant General caused by death or
other inability to perform the duties of the office, the Governor
or the Adjutant General may designate an Assistant Adjutant
General to be the Acting Adjutant General. Except when the
Governor or the Adjutant General designates another of the
Assistant Adjutants General to be the Acting Adjutant General,
the Assistant Adjutant General senior in military grade shall
assume the responsibilities and powers and perform all the duties
required of the Adjutant General, and shall be Acting Adjutant
General. An officer serving as Acting Adjutant General under this
section shall continue to receive the salary authorized for an
Assistant Adjutant General, when the officer is a state employee,
but shall otherwise receive the salary authorized for the
Adjutant General. The Acting Adjutant General shall serve until
the Adjutant General is again able to perform the duties of the
office, or if such office is vacant, until an Adjutant General is
regularly appointed and qualified. While so serving, the Acting
Adjutant General shall give to the state a fidelity bond in the
same manner and in the same sum as is required from the Adjutant
General.
SECTION 6. ORS 183.610 is amended to read:
183.610. (1) The Governor shall appoint a person to serve as
chief administrative law judge for the Office of Administrative
Hearings. The Governor shall consider recommendations by the
Office of Administrative Hearings Oversight Committee in
appointing a chief administrative law judge. The person appointed
to serve as chief administrative law judge must be an active
member of the Oregon State Bar. The chief administrative law
judge has all the powers necessary and convenient to organize and
manage the office. Subject to the State Personnel Relations Law,
the chief administrative law judge shall employ all persons
necessary for the administration of the office, prescribe the
duties of those employees and fix their compensation. The chief
administrative law judge shall serve for a term of four years.
{ - Notwithstanding ORS 236.140, the Governor may remove the
chief administrative law judge only for cause. - }
(2) The chief administrative law judge shall employ
administrative law judges. The chief administrative law judge
shall ensure that administrative law judges employed for the
office receive all training necessary to meet the standards
required under the program created under ORS 183.680.
(3) The chief administrative law judge shall take all actions
necessary to protect and ensure the independence of each
administrative law judge assigned from the office.
SECTION 7. ORS 471.547 is amended to read:
471.547. The Oregon Liquor Control Commission shall establish
an Alcohol Server Education Advisory Committee consisting of
persons representing the commission, the Oregon State Police, the
Oregon District Attorneys Association, the Oregon Health
Authority, the Department of Transportation, at least one person
who is a service permittee under ORS 471.360, a nonprofit
organization the purpose of which is to reduce the incidence of
drunk driving, and not more than three associations representing
retail licensees and two associations representing insurance
companies { - to - } { + . Members of the committee serve at
the pleasure of the commission and the Governor. The committee
shall + } assist in:
(1) The development of the standards, curriculum and materials
for the alcohol server education courses required under ORS
471.542;
(2) The examination required by ORS 471.542, and procedures for
administering that examination;
(3) The certification procedures, enforcement policies and
penalties for alcohol server education course instructors and
providers; and
(4) The development of time requirements for completion of an
alcohol server education course and examination and conditions
for probationary extension.
SECTION 8. ORS 390.565 is amended to read:
390.565. (1) The All-Terrain Vehicle Advisory Committee is
established. The committee shall consist of 14 voting members and
one nonvoting member appointed by the State Parks and Recreation
Commission for a term of four years. Members are eligible for
reappointment { + , + } and vacancies may be filled by the
commission. { + Members serve at the pleasure of the
commission and the Governor. + } A majority of members
constitutes a quorum for the transaction of business.
(2) Of the voting members of the committee:
(a) One shall be a representative of a Class I all-terrain
vehicle user organization.
(b) One shall be a representative of a Class II all-terrain
vehicle user organization.
(c) One shall be a representative of a Class III all-terrain
vehicle user organization.
(d) One shall be a representative of a Class IV all-terrain
vehicle user organization.
(e) One shall be an all-terrain vehicle dealer.
(f) One shall be an at-large all-terrain vehicle user.
(g) One shall be a representative of the United States Forest
Service who is knowledgeable about all-terrain vehicle recreation
areas on federal lands.
(h) One shall be a representative of the Bureau of Land
Management who is knowledgeable about all-terrain vehicle
recreation areas on federal lands.
(i) One shall be a representative of the Department of
Transportation who is knowledgeable about transportation safety.
(j) One shall be a representative of the State Forestry
Department who is knowledgeable about all-terrain vehicle
recreation areas on state lands.
(k) One shall be a representative of the Department of Human
Services who is knowledgeable about public health and safety.
(L) One shall be a representative of a law enforcement agency
who is knowledgeable about and active in enforcement of
all-terrain vehicle laws.
(m) One shall be a representative of the State Department of
Fish and Wildlife who is knowledgeable about all-terrain vehicle
activities and the use of all-terrain vehicles in hunting and
fishing.
(n) One shall be a person who represents persons with
disabilities.
(3) One representative from the State Parks and Recreation
Department shall be a nonvoting member of the committee.
(4) The committee shall:
(a) Review accidents and fatalities resulting from all-terrain
vehicle recreation and make recommendations to the State Parks
and Recreation Commission.
(b) Review changes to statutory vehicle classifications as
necessary for safety considerations and make recommendations to
the commission.
(c) Review safety features of all classes of off-highway
vehicles and make recommendations to the commission.
(d) Recommend appropriate safety requirements to protect child
operators and riders of off-highway vehicles to the commission.
(5)(a) A subcommittee of the All-Terrain Vehicle Advisory
Committee, titled the All-Terrain Vehicle Grant Subcommittee,
shall be established consisting of the following members:
(A) The representative of a Class I all-terrain vehicle user
organization.
(B) The representative of a Class II all-terrain vehicle user
organization.
(C) The representative of a Class III all-terrain vehicle user
organization.
(D) The representative of a Class IV all-terrain vehicle user
organization.
(E) The at-large all-terrain vehicle user.
(F) The representative of a law enforcement agency.
(G) The representative of persons with disabilities.
(b) The All-Terrain Vehicle Grant Subcommittee shall:
(A) Advise the State Parks and Recreation Department on the
allocation of moneys in the All-Terrain Vehicle Account
established by ORS 390.555; and
(B) Review grant proposals and make recommendations to the
commission as to which projects should receive grant funding.
(c) Recommendations under this subsection on grant proposals
must receive an affirmative vote from at least four of the
members of the subcommittee.
(6) The State Parks and Recreation Department shall provide
staff support for the committee and shall provide for expansion
of programs for all-terrain vehicle users.
SECTION 9. ORS 561.760 is amended to read:
561.760. (1) The Director of Agriculture, in consultation with
the Superintendent of State Police, shall appoint an Anhydrous
Ammonia Additive Review Committee consisting of not fewer than
six members. The term of a member is four years, but a member
serves at the pleasure of the director { + and the Governor + }.
(2) Members of the committee are not entitled to compensation,
but in the discretion of the director may be reimbursed from
funds available to the State Department of Agriculture for actual
and necessary travel and other expenses incurred by them in the
performance of their official duties in the manner and amount
provided in ORS 292.495.
(3) The members of the committee shall include at least one
representative from each of the following:
(a) The Department of State Police.
(b) The State Department of Agriculture.
(c) Manufacturers of anhydrous ammonia fertilizers.
(d) The Oregon State University Extension Service.
(e) Retail distributors.
(f) Users who are growers of agricultural commodities.
(4) The committee:
(a) May review all relevant scientific and economic data on
nontoxic dyes or other additives for anhydrous ammonia that are
submitted for certification to the State Department of
Agriculture under ORS 561.755.
(b) Shall, at a minimum, require the manufacturer of any
product submitted under ORS 561.755 to provide sufficient
scientifically valid data for each submitted nontoxic dye or
other additive to allow the State Department of Agriculture to
determine the dye's or additive's:
(A) Impact on crop yield;
(B) Specific food crop residue analysis; and
(C) Impact on the environment.
(c) May issue recommendations to the director regarding whether
a nontoxic dye or other additive to anhydrous ammonia should be
certified by the State Department of Agriculture under ORS
561.755.
SECTION 10. ORS 602.020 is amended to read:
602.020. { + (1) + } The State Department of Agriculture is
authorized to appoint a Chief Apiary Inspector and such deputy
apiary inspectors as may be necessary to conduct service work
requested by the apiary industry. { + The inspectors serve at
the pleasure of the Director of Agriculture and the Governor. + }
{ + (2) + } The administration of the program shall be under
the direction and control of the director { - of
Agriculture - } . The apiary industry shall pay service fees in
amounts established by the department by rule to cover all
expenses incurred in the conduct of the program.
SECTION 11. ORS 463.149 is amended to read:
463.149. (1) There is established an Oregon State Athletic
Commission Medical Advisory Committee consisting of five members
appointed by the Superintendent of State Police. Members of the
committee shall be physicians licensed under ORS chapter 677.
(2) The term of office of each committee member is four years,
but committee members serve at the pleasure of the superintendent
{ + and the Governor + }. A committee member may not serve more
than two consecutive terms, except that a committee member serves
until a successor is appointed and qualified. If there is a
vacancy for any cause, the superintendent shall make an
appointment to become immediately effective for the unexpired
term.
(3) A committee member is entitled to the same compensation and
expenses provided for members of the Oregon State Athletic
Commission under ORS 463.125.
(4) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(5) The committee shall gather, assess and update, when
necessary, medical data for the purpose of recommending to the
commission:
(a) Fitness criteria for contestants to be applied in prefight
medical examinations;
(b) Medical procedures and substances allowed for use by
seconds in a contestant's corner;
(c) Emergency procedures for ring injuries;
(d) Post-fight examination and treatment procedures; and
(e) Safety equipment required to promote the best interests of
the contestants.
(6) The committee shall periodically present to the commission
the proposed safety and medical procedures developed under
subsection (5) of this section for discussion and consideration
for adoption.
(7) The committee shall identify and nominate for approval by
the commission a sufficient number of qualified licensed
physicians to serve as ringside physicians for boxing and mixed
martial arts events held throughout this state.
(8) A member of the committee who has been nominated by the
committee and approved by the commission may serve as a ringside
physician.
SECTION 12. ORS 463.125 is amended to read:
463.125. (1) The Oregon State Athletic Commission shall consist
of five members appointed by the Superintendent of State Police
for terms of four years. A member may not serve more than two
terms. Membership shall represent distinct geographic areas. The
Portland metropolitan area, central Willamette Valley and two
other areas shall be represented. Vacancies occurring shall be
filled by appointment in the same manner for the balance of the
unexpired term. A member of the commission { - may be removed
from office by the superintendent for cause - } { + serves at
the pleasure of the superintendent and the Governor + }. Each
member of the commission, before entering upon the duties of
office, shall take and subscribe to an oath to perform the duties
of this office faithfully, impartially and justly to the best of
the member's ability.
(2) The chairperson and vice chairperson shall be elected from
among the members at the first meeting of each calendar year or
when a vacancy exists.
(3) An administrator shall be appointed by the superintendent
using the State Personnel Relations Law to establish suitable
qualifications and compensation. The administrator shall be
required to demonstrate adequate knowledge and experience related
to boxing and mixed martial arts.
(4) The superintendent may employ other personnel as necessary.
(5) The commission may meet once a month at a time and place
agreed upon. Special additional meetings may be called by the
administrator or at the request of one or more members of the
commission.
(6) Three members of the commission shall constitute a quorum.
(7) Three votes shall constitute a majority.
(8) Members of the commission and representatives of the
commission shall be paid per diem and travel expenses as
designated under ORS 292.495 when conducting the business of the
commission.
SECTION 13. ORS 577.230 is amended to read:
577.230. (1) The Director of Agriculture shall appoint members
on the Oregon Beef Council, as far as practicable and possible,
from the various geographical areas of the state.
(2) Upon the expiration of the term of a member of the council,
a successor shall be appointed for a term of three years, except
in case of a vacancy, when the appointee shall serve the
unexpired part of the term of the member { - , - }
{ + whom + } the appointee replaced. { + Members of the council
serve at the pleasure of the director and the Governor. + }
SECTION 14. { + ORS 577.250 is repealed. + }
SECTION 15. ORS 179.331 is amended to read:
179.331. (1) The superintendents shall be appointed { + as
follows + } and, whenever the public service requires such
action, may be removed, suspended or discharged { + by the
Governor + }, { + or + } as follows:
(a) The superintendent of the Eastern Oregon Training Center,
by the Director of Human Services.
(b) The superintendents of the Blue Mountain Recovery Center
and the Oregon State Hospital, by the Director of the Oregon
Health Authority.
(c) The superintendents of Department of Corrections
institutions as defined in ORS 421.005, by the Director of the
Department of Corrections.
(2) For purposes of the State Personnel Relations Law, the
superintendents are assigned to the unclassified service.
SECTION 16. ORS 480.540 is amended to read:
480.540. (1) The term of office of a member of the Board of
Boiler Rules is four years { + , + } and a member is not eligible
for appointment to more than two full terms of office. A member
shall continue to serve until a successor has been appointed and
qualified. Vacancies shall be filled by appointment for the
unexpired term.
(2) The chief boiler inspector shall serve without a vote as
secretary of the board.
(3) { - The Governor may remove any member of the board for
cause. - } { + Members of the board serve at the pleasure of
the Governor. + }
(4) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
SECTION 17. ORS 276.227 is amended to read:
276.227. (1) The State of Oregon recognizes that providing and
operating state government facilities is a significant capital
investment in public infrastructure. Accordingly, it is the
policy of the State of Oregon to plan, finance, acquire,
construct, manage and maintain state government facilities in a
manner that maximizes and protects this investment.
(2) The Oregon Department of Administrative Services shall
establish a statewide planning process that evaluates the needs
of the state's facilities, provides comparative information on
the condition of the state's facilities, establishes guidelines
and standards for acquiring, managing and maintaining state
facilities and provides financing and budgeting strategies to
allocate resources to facilities' needs.
(3)(a) The Director of the Oregon Department of Administrative
Services shall establish a public review process for the proposed
capital projects of all state agencies. To assist in this review,
the director shall establish a Capital Projects Advisory Board
consisting of seven members. Five members shall be public members
knowledgeable about construction, facilities management and
maintenance issues. Two members may be state employees. The
director shall appoint the chairperson of the board. { + Members
of the board serve at the pleasure of the director and the
Governor. + }
(b) The director, in consultation with the board, may request
that agencies submit updated long-range facility plans and
funding strategies that reflect changes in technology and
priorities. The director may ask the board to report on and make
recommendations related to long-range plans, the condition of
facilities, maintenance schedules, funding strategies and options
for new facilities. The director may seek recommendations from
the board regarding the needs of existing facilities, funding
strategies and long-term facility goals.
(c) The review process may be applicable to capital projects
meeting the definition of major construction/acquisition in the
Governor's budget and to significant leases.
(d) For each state agency proposing a capital project, the
review process may include an examination of the following:
(A) The effectiveness of asset protection, including
maintenance, repair and other activities;
(B) The effectiveness of space utilization, including an
inventory of existing occupied and unoccupied building space;
(C) The advisability of lease, purchase or other funding
strategies;
(D) The condition of existing occupied and unoccupied building
space;
(E) Appropriate technology;
(F) The agency's mission and long-range facilities plans; and
(G) For new facilities, expansions and additions, the ability
of the agency to maintain and operate all of the agency's
facilities in a cost-effective manner.
(e) The review process shall ensure that capital project
decisions are approached in a cost-effective manner after
considering all reasonable alternatives.
(f) With assistance from the board, the department shall
provide recommendations and information to the Governor and the
Legislative Assembly on the construction, leasing and facilities
management issues of state government.
(4) The department shall establish and maintain a central
database of information on state-owned property of all state
agencies, including land, buildings, infrastructure, improvements
and leases. This database shall include an inventory of
state-owned facilities as well as descriptive and technical
information.
(5) State agencies shall establish and implement long-range
maintenance and management plans for facilities for which this
state is responsible to ensure that facilities are maintained in
good repair and that the useful lives of facilities are
maximized. For each new facility, a maintenance and management
plan appropriate to the use and useful life of the facility shall
be developed and implemented.
(6) The department may engage in cooperative projects with
local government.
(7) The provisions of this section do not apply to public
universities listed in ORS 352.002, the Oregon Health and Science
University or a community college as defined in ORS 341.005.
SECTION 18. ORS 184.628 is amended to read:
184.628. (1) The Director of Transportation, with the approval
of the Oregon Transportation Commission, shall appoint a chief
engineer. The chief engineer shall be a registered civil engineer
and shall be qualified by technical training as well as by
practical experience. { + The chief engineer serves at the
pleasure of the director and the Governor. + }
(2) The chief engineer may designate persons within the
Department of Transportation who have full authority to perform
any duty required or permitted by law to be performed by the
engineer.
(3) The director may authorize the employment by the chief
engineer of such staff engineers, engineering and technical
assistants and such other help that in the chief engineer's
judgment may be necessary. Compensation, travel allowance and
other expenses shall be fixed by the chief engineer with the
approval of the director.
(4) This section is subject to any applicable provision of the
State Personnel Relations Law.
SECTION 19. ORS 417.810 is amended to read:
417.810. (1) The Office of Children's Advocate is established
in the Department of Human Services. The office is under the
supervision and control of the Children's Advocate, who is
responsible for the performance of the duties, functions and
powers of the office. With the concurrence of the Governor, the
Director of Human Services shall appoint the Children's
Advocate { + . + } { + The director or the Governor + }
{ - and - } may terminate the Children's Advocate.
(2) Subject to available funds and the applicable provisions of
ORS chapter 240, the Children's Advocate may hire staff to carry
out the duties, functions and powers of the office and shall
prescribe their duties and fix their compensation.
(3) The Children's Advocate shall be a person who has
background and experience in:
(a) Law enforcement with particular emphasis on crimes
involving child victims; or
(b) Social work with particular emphasis on child abuse.
SECTION 20. ORS 418.985 is amended to read:
418.985. (1) There is established the Children's Wraparound
Initiative Advisory Committee consisting of members representing:
(a) Partner agencies;
(b) Local service providers;
(c) Youth and the family of youth who have current or past
involvement with at least two partner agencies; and
(d) Organizations that advocate for youth.
(2) The majority of members of the committee shall be
representatives of youth or the family of youth and advocacy
organizations.
(3) The committee shall advise and assist in the implementation
of the wraparound initiative described in ORS 418.977.
(4) The Department of Human Services and the Oregon Health
Authority, in consultation with the committee, shall report
biennially to the Governor and the Legislative Assembly on the
progress toward and projected costs of full implementation of the
wraparound initiative.
{ + (5) Members of the committee serve at the pleasure of the
Governor. + }
SECTION 21. ORS 571.515 is amended to read:
571.515. (1) In order that there may be the closest contact
between the State Department of Agriculture and the problems of
the Christmas tree industry, there hereby is created a State
Christmas Tree Advisory Committee, which shall consist of six
members appointed by the Director of Agriculture. The director,
as far as practicable, shall make appointments so that all areas
of the state are represented on the committee.
(2) The term of each member shall be for three years, from the
date of appointment. { + Members of the committee serve at the
pleasure of the director and the Governor. + } A member shall
continue to serve until a successor is appointed and qualifies.
Vacancies in office shall be filled by appointment for the
unexpired term. An individual is not eligible to serve more than
two consecutive terms as a member.
(3) The members of the committee are eligible for compensation
and expenses as provided in ORS 292.495, to be paid from funds
provided by ORS 571.580.
(4) The functions of the committee are to advise and counsel
with the department in the administration of ORS 571.505 to
571.580.
(5) The committee shall meet at the call of the chairperson or
the director of the State Department of Agriculture. A majority
of the members present at any meeting constitutes a quorum, and a
majority vote of the quorum at any meeting constitutes an
official act of the committee.
(6) At the first meeting in each year the committee shall
select a chairperson. The Dean of the College of Agricultural
Sciences, Oregon State University, and the director of the State
Department of Agriculture, or their representatives, shall be ex
officio members without the right to vote.
SECTION 22. ORS 508.755 is amended to read:
508.755. (1) There is established within the State Department
of Fish and Wildlife the Commercial Fishery Permit Board. The
board shall consist of members appointed by the State Fish and
Wildlife Commission as follows:
(a) Three members shall be chosen to represent the Columbia
River gillnet salmon fishing industry.
(b) Three members shall be chosen to represent the ocean troll
salmon fishing industry.
(c) Three members shall be chosen to represent the ocean pink
shrimp fishing industry.
(d) Three members shall be chosen to represent the Yaquina Bay
roe-herring fishing industry.
(e) Three members shall be chosen to represent the sea urchin
commercial fishery.
(f) Three members shall be chosen to represent the ocean
Dungeness crab fishing industry.
(g) Three members shall be chosen to represent the black
rockfish and blue rockfish fishing industry and the nearshore
fish fishing industry.
(h) Three members shall be chosen to represent developmental
fisheries as described in ORS 506.450 to 506.465.
(i) Three members shall be chosen to represent each restricted
participation system or restricted vessel permit system
established by rule of the commission under ORS 506.462.
(j) Two members shall be chosen to represent the public.
(2) A member of the board shall receive no compensation for
services as a member. However, subject to any applicable law
regulating travel and other expenses of state officers and
employees, a member shall be reimbursed for travel and other
expenses incurred in the performance of official duties.
(3) The board shall select such officers, for such terms and
with such duties and powers, as the board considers necessary for
the performance of those offices.
(4) A majority of the members of the board constitutes a quorum
for the transaction of business.
(5) The board shall meet at such times and places as may be
determined by the chairperson or by a majority of the members of
the board.
{ + (6) Members of the board serve at the pleasure of the
commission and the Governor. + }
{ - (6) - } { + (7) + } Notwithstanding any other provision
of law:
(a) Members of the board representing the Columbia River
gillnet salmon fishing industry shall participate in actions of
the board only on matters arising under ORS 508.285, 508.470 and
508.775 to 508.796.
(b) Members of the board representing the ocean troll salmon
fishing industry shall participate in actions of the board only
on matters arising under ORS 508.801 to 508.825.
(c) Members of the board representing the ocean pink shrimp
fishing industry shall participate in actions of the board only
on matters arising under ORS 508.880, 508.883 and 508.889 to
508.910.
(d) Members of the board representing the Yaquina Bay
roe-herring fishing industry shall participate in actions of the
board only on matters arising under ORS 508.765.
(e) Members of the board representing the sea urchin commercial
fishery shall participate in actions of the board only on matters
arising under ORS 508.760.
(f) Members of the board representing the ocean Dungeness crab
fishing industry shall participate in actions of the board only
on matters arising under ORS 508.921.
(g) Members of the board representing the black rockfish and
blue rockfish fishing industry and the nearshore fish fishing
industry shall participate in actions of the board only on
matters arising under ORS 508.947, 508.957 or 508.960.
(h) Members of the board representing developmental fisheries
shall participate in actions of the board only on matters arising
under ORS 506.450 to 506.465.
(i) Members of the board representing a restricted
participation system or a restricted vessel permit system
established by rule of the commission under ORS 506.462 shall
participate in actions of the board only on matters related to
that system.
SECTION 23. ORS 508.867 is amended to read:
508.867. (1) Notwithstanding ORS 508.755 { - (6)(b) - }
{ + (7)(b) + } and (c), an individual whose application for
renewal of the permit required by ORS 508.840 is denied by the
State Department of Fish and Wildlife may make written request to
the Commercial Fishery Permit Board for review of the denial. The
review provided in this subsection is in lieu of any such review
by the department or the State Fish and Wildlife Commission. The
request shall be in such form and shall contain such information
as the board considers appropriate. The request shall be
accompanied by a nonrefundable fee of $125. Such fee shall apply
toward the permit fee of successful applicants.
(2) In accordance with any applicable provision of ORS chapter
183, the board shall review denials of applications for renewal
of permits. Orders issued by the board are not subject to review
by the commission, but may be appealed as provided in ORS 183.480
to 183.540. The board may waive requirements for renewal of
permits if the board finds that the individual for personal or
economic reasons chooses to actively fish the permit vessel in
some other ocean fishery or if the board finds that the
individual fails to meet the requirements as the result of
illness, accident or other circumstances beyond the individual's
control.
(3) In accordance with any applicable provision of ORS chapter
183, the board may promulgate such rules as it considers
necessary to carry out its duties, functions and powers.
(4) The board may delegate to the department the authority to
waive eligibility requirements for renewal of permits.
SECTION 24. ORS 326.375, as amended by section 3, chapter 36,
Oregon Laws 2012, is amended to read:
326.375. (1) The State Board of Education shall appoint a
Commissioner for Community College Services who shall:
(a) Serve at the pleasure of the board { + and the
Governor + }.
(b) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system.
(2) The commissioner shall be a person who by training and
experience is well qualified to perform the duties of the office
and to assist in carrying out the functions of the board under
ORS 326.041, 326.051, 326.375, 341.005, 341.015, 341.440,
341.455, 341.626, 341.655 and 341.933.
(3) The commissioner shall:
(a) Be the executive head of the Department of Community
Colleges and Workforce Development.
(b) Direct and supervise all activities of the Department of
Community Colleges and Workforce Development.
(c) Hire staff, as authorized by the State Board of Education
to assist in carrying out the duties of the commissioner. The
staff shall be considered employees of the Department of
Community Colleges and Workforce Development for purposes of ORS
chapters 240 and 243.
(d) Be responsible directly to:
(A) The State Board of Education for those duties enumerated in
ORS chapter 341.
(B) The Chief Education Officer for matters related to the
design and organization of the state's education system.
(4) The commissioner, with approval of the State Board of
Education, shall be responsible for the representation of
community college interests to the Governor, the Legislative
Assembly, state agencies and others. The commissioner, with the
approval of the state board, shall be responsible for submitting
community college budget requests and budget reports for the
Department of Community Colleges and Workforce Development to the
Legislative Assembly. The state board shall ensure that the
budget request for community colleges and for the Department of
Community Colleges and Workforce Development are separate and
distinct from its other requests to the Legislative Assembly.
SECTION 25. ORS 326.375, as amended by sections 3 and 9,
chapter 36, Oregon Laws 2012, is amended to read:
326.375. (1) The State Board of Education shall appoint a
Commissioner for Community College Services who shall serve at
the pleasure of the board { + and the Governor + }.
(2) The commissioner shall be a person who by training and
experience is well qualified to perform the duties of the office
and to assist in carrying out the functions of the board under
ORS 326.041, 326.051, 326.375, 341.005, 341.015, 341.440,
341.455, 341.626, 341.655 and 341.933.
(3) The commissioner shall:
(a) Be the executive head of the Department of Community
Colleges and Workforce Development.
(b) Direct and supervise all activities of the Department of
Community Colleges and Workforce Development.
(c) Hire staff, as authorized by the State Board of Education
to assist in carrying out the duties of the commissioner. The
staff shall be considered employees of the Department of
Community Colleges and Workforce Development for purposes of ORS
chapters 240 and 243.
(d) Be responsible directly to the State Board of Education for
those duties enumerated in ORS chapter 341.
(4) The commissioner, with approval of the State Board of
Education, shall be responsible for the representation of
community college interests to the Governor, the Legislative
Assembly, state agencies and others. The commissioner, with the
approval of the state board, shall be responsible for submitting
community college budget requests and budget reports for the
Department of Community Colleges and Workforce Development to the
Legislative Assembly. The state board shall ensure that the
budget request for community colleges and for the Department of
Community Colleges and Workforce Development are separate and
distinct from its other requests to the Legislative Assembly.
SECTION 26. ORS 759.430 is amended to read:
759.430. (1)(a) Notwithstanding ORS 285A.075 (2), the Oregon
Business Development Commission shall approve plans and plan
modifications for projects funded by a telecommunications
carrier's Telecommunications Infrastructure Account established
under ORS 759.405. Projects funded from a telecommunications
carrier's Telecommunications Infrastructure Account shall be
completed by the carrier and shall be substantially for the
benefit of the carrier's customers. Plans approved by the
commission must be consistent with the purpose of the fund as
described in ORS 759.405. The commission shall give priority to
projects that provide increased bandwidth between communities,
route diversity and access to advanced telecommunications
services in an expedited manner. The commission shall seek to
ensure that an approved project is the most technically
appropriate means of addressing the circumstances presented in a
project plan. The commission shall review recommendations and
analysis from the Connecting Oregon Communities Advisory Board
established in subsection (2) of this section prior to approving
a plan. Project plans may be submitted by local communities
including but not limited to local governments, community
institutions, citizen groups, public and private educational
institutions and business groups.
(b) Under the policies and guidance of the commission, the
Oregon Business Development Department shall adopt rules for the
submission of project plans by telecommunications carriers and
other persons, including criteria for approval of such plans. The
rules shall include criteria to determine if the
telecommunications carrier reasonably should be expected to make
the investment based on an economic analysis of the project.
Projects that are determined to meet the criteria but are not
economically self-supporting or would not be undertaken in the
time frame proposed shall be given priority over similar projects
that would be economically self-supporting or likely would be
completed in the time frame proposed. The rules shall provide for
review of the economic benefits of the proposed plan to the
affected community and the potential for the proposed plan to
leverage other funding sources including but not limited to
federal, state and private sources.
(c) The commission also shall approve expenditures from the
Public Access Account of the Connecting Oregon Communities Fund
established in ORS 759.445 (4).
(2) There is established within the Oregon Business Development
Department the Connecting Oregon Communities Advisory Board
consisting of five members appointed by the commission. The
commission shall seek advice from the Governor prior to making an
appointment to the advisory board. { + Members of the advisory
board serve at the pleasure of the commission and the
Governor. + }
(3) There shall be one member of the advisory board from each
of the following areas:
(a) Eastern Oregon, including Hood River County;
(b) Central Oregon;
(c) Southern Oregon;
(d) Coastal Oregon; and
(e) The Willamette Valley.
(4) Employees of the Public Utility Commission, employees of
state or local government who are responsible for purchasing
telecommunications services or equipment and employees of a
telecommunications carrier may not be appointed to the advisory
board.
(5) The advisory board shall select one of its members as
chairperson and another of its members 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.
(6) The purpose of the advisory board is to review and make
recommendations to the Oregon Business Development Commission for
approval of and modifications to projects funded by a
telecommunications carrier's Telecommunications Infrastructure
Account under this section and ORS 759.405. The advisory board
shall seek advice and comment on plans submitted by a
telecommunications carrier from affected local communities
including but not limited to local governments, citizens and
businesses. The advisory board also shall seek advice and comment
from state and federal agencies when appropriate to ensure that
investments will maximize statewide public benefits and are
consistent with the needs and desires of the local communities.
The advisory board shall consider the needs of and impact on
education, health care, economic development and the delivery of
state and local governmental services when evaluating a plan.
(7) The advisory board also shall review proposals submitted to
the commission under ORS 759.445 (5) and make recommendations to
the commission regarding approval, modification or denial of the
proposals.
(8) The advisory board shall make an annual report to the Joint
Legislative Committee on Information Management and Technology on
the plans and activities funded under ORS 759.405 and 759.445
(5).
(9)(a) Reasonable expenses incurred by the members of the
advisory board in the performance of their duties, costs of the
Oregon Business Development Department directly related to
providing staff to the advisory board and costs to the department
for providing technical assistance to local communities shall be
paid out of the Telecommunications Infrastructure Accounts
created under ORS 759.405.
(b) Following the transfer of funds required under ORS 759.405
(2) and (3), a telecommunications carrier that elects to be
subject to regulation under ORS 759.405 and 759.410 shall
transfer from the remaining funds in its Telecommunications
Infrastructure Account the following amounts to the Oregon
Business Development Department to be used for the payment of
expenses described in paragraph (a) of this subsection:
(A) $575,000 in 2000;
(B) $325,000 in 2001;
(C) $325,000 in 2002; and
(D) $325,000 in 2003.
(c) If more than one telecommunications carrier elects to be
subject to regulation under ORS 759.405 and 759.410, the funding
requirements described in paragraph (b) of this subsection shall
be distributed pro rata among the electing carriers.
SECTION 27. ORS 455.492 is amended to read:
455.492. (1) There is established a Construction Industry
Energy Board, consisting of seven members. { + Members of the
board serve at the pleasure of the appointing authority and the
Governor. + } The membership shall consist of the following:
(a) Two members selected by the Electrical and Elevator Board
from the members of the Electrical and Elevator Board who have
practical experience in the electric industry.
(b) Two members selected by the Residential and Manufactured
Structures Board from the members of the Residential and
Manufactured Structures Board who have practical experience in
the residential structure industry or manufactured structure
industry.
(c) Two members selected by the Building Codes Structures Board
from the members of the Building Codes Structures Board who have
practical experience in construction.
(d) One member who is an employee or officer of the State
Department of Energy appointed by the Director of the State
Department of Energy.
(2) The Construction Industry Energy Board 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 positions as the board
determines.
(3) Except as provided in ORS 455.496 (2), a majority of the
members of the board constitutes a quorum for the transaction of
business.
(4) A member of the board is not entitled to compensation, but
at the discretion of the director may be reimbursed from funds
available to the Department of Consumer and Business Services for
actual and necessary travel and other expenses incurred by the
member in the performance of the member's official duties in the
manner and amount provided in ORS 292.495.
SECTION 28. ORS 430.073 is amended to read:
430.073. (1) As used in this section and ORS 430.075, '
consumer' means a person who has received or is receiving mental
health or addiction services.
(2) The Director of the Oregon Health Authority shall establish
a Consumer Advisory Council to advise the director on the
provision of mental health services by the Oregon Health
Authority. The council may review, evaluate and provide feedback
on all site reviews related to mental health services provided by
the authority.
(3) The director shall appoint 15 to 25 consumers to the
council. In making appointments, the director shall strive to
balance the representation according to geographic areas of the
state and age. { + Members of the council serve at the pleasure
of the director and the Governor. + }
(4) The authority shall provide administrative support to the
council.
(5) Members of the council are not entitled to compensation or
reimbursement of expenses under ORS 292.495.
SECTION 29. ORS 101.140 is amended to read:
101.140. (1) The Continuing Care Retirement Community Advisory
Council is created and shall consist of nine members appointed by
the Director of Human Services or a designee and shall represent
the geographic location of providers in this state. A member must
be a resident of this state. { + Members of the council serve at
the pleasure of the director and the Governor. + } Three members
must represent providers that are registered pursuant to ORS
101.030 and must have been actively engaged in the offering of
residency agreements in this state for five years before
appointment. The remaining members shall include:
(a) A representative of the business community with expertise
in the area of management;
(b) A certified public accountant;
(c) An attorney; and
(d) Three Oregon residents of continuing care retirement
communities or other consumer representatives.
(2) The term of office for a member shall be three years or
until a successor has been appointed and qualified.
(3) The members of the advisory council shall serve without
pay. They shall be reimbursed by the Department of Human Services
for their actual and necessary traveling expenses incurred while
on official business.
(4) The council shall:
(a) Elect a chairperson from among their number and elect or
appoint a secretary, both of whom shall hold office for one year
and thereafter until a successor is qualified and elected;
(b) Hold an annual meeting and hold other meetings at times and
places the department or the chairperson of the council may
direct;
(c) Keep a record of its proceedings. The record is prima facie
evidence of all matters reported and shall be open to inspection
at all times;
(d) Act in an advisory capacity to the department; and
(e) Make recommendations to the department on all proposed
rules pertaining to this chapter.
SECTION 30. ORS 423.085 is amended to read:
423.085. (1) The Director of the Department of Corrections
shall appoint an unclassified employee to the position of
Administrator of Correctional Education. { + The administrator
serves at the pleasure of the director and the Governor. + }
(2) The Administrator of Correctional Education shall be
employed full-time with authority over, and responsibility for,
statewide corrections education programs. The administrator
shall:
(a) Plan, design and implement the correctional education
system required in ORS 421.081; and
(b) Recommend to the Director of the Department of Corrections
rules as necessary to carry out the responsibilities of the
office of Administrator of Correctional Education.
(3)(a) The Department of Corrections, through the Administrator
of Correctional Education, may negotiate contracts with
organizations and agencies to implement the provisions of ORS
421.081 and 421.084 and this section. The Department of
Corrections, in discharging its duties under this section, shall
honor provisions of existing collective bargaining agreements
with current employees of the department that provide for
contracting out.
(b) All moneys appropriated to the Department of Corrections
for general, professional and technical education instruction
shall be expended only for those purposes.
SECTION 31. ORS 181.637 is amended to read:
181.637. (1) The Board on Public Safety Standards and Training
shall establish the following policy committees:
(a) Corrections Policy Committee;
(b) Fire Policy Committee;
(c) Police Policy Committee;
(d) Telecommunications Policy Committee; and
(e) Private Security Policy Committee.
(2) The members of each policy committee shall select a
chairperson and vice chairperson for the policy committee. Only
members of the policy committee who are also members of the board
are eligible to serve as a chairperson or vice chairperson. The
vice chairperson may act as chairperson in the absence of the
chairperson.
(3) The Corrections Policy Committee consists of:
(a) All of the board members who represent the corrections
discipline;
(b) The chief administrative officer of the training division
of the Department of Corrections;
(c) A security manager from the Department of Corrections
recommended by the Director of the Department of Corrections; and
(d) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing the Oregon State
Sheriffs' Association;
(B) Two persons recommended by and representing the Oregon
Sheriff's Jail Command Council;
(C) One person recommended by and representing a statewide
association of community corrections directors;
(D) One nonmanagement corrections officer employed by the
Department of Corrections;
(E) One corrections officer who is a female, who is employed by
the Department of Corrections at a women's correctional facility
and who is a member of a bargaining unit; and
(F) Two nonmanagement corrections officers.
(4) The Fire Policy Committee consists of:
(a) All of the board members who represent the fire service
discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing a statewide
association of fire instructors;
(B) One person recommended by and representing a statewide
association of fire marshals;
(C) One person recommended by and representing community
college fire programs;
(D) One nonmanagement firefighter recommended by a statewide
organization of firefighters; and
(E) One person representing the forest protection agencies and
recommended by the State Forestry Department.
(5) The Police Policy Committee consists of:
(a) All of the board members who represent the law enforcement
discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing the Oregon
Association Chiefs of Police;
(B) Two persons recommended by and representing the Oregon
State Sheriffs' Association;
(C) One command officer recommended by and representing the
Oregon State Police; and
(D) Three nonmanagement law enforcement officers.
(6) The Telecommunications Policy Committee consists of:
(a) All of the board members who represent the
telecommunications discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) Two persons recommended by and representing a statewide
association of public safety communications officers;
(B) One person recommended by and representing the Oregon
Association Chiefs of Police;
(C) One person recommended by and representing the Oregon State
Police;
(D) Two persons representing telecommunicators;
(E) One person recommended by and representing the Oregon State
Sheriffs' Association;
(F) One person recommended by and representing the Oregon Fire
Chiefs Association;
(G) One person recommended by and representing the Emergency
Medical Services and Trauma Systems Program of the Oregon Health
Authority; and
(H) One person representing emergency medical services
providers and recommended by a statewide association dealing with
fire medical issues.
(7) The Private Security Policy Committee consists of:
(a) All of the board members who represent the private security
industry; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person representing unarmed private security
professionals;
(B) One person representing armed private security
professionals;
(C) One person representing the health care industry;
(D) One person representing the manufacturing industry;
(E) One person representing the retail industry;
(F) One person representing the hospitality industry;
(G) One person representing private business or a governmental
entity that utilizes private security services;
(H) One person representing persons who monitor alarm systems;
(I) Two persons who are investigators licensed under ORS
703.430, one of whom is recommended by the Oregon State Bar and
one of whom is in private practice; and
(J) One person who represents the public at large and who is
not related within the second degree by affinity or consanguinity
to a person who is employed or doing business as a private
security professional or executive manager, as defined in ORS
181.870, or as an investigator, as defined in ORS 703.401.
(8) In making appointments to the policy committees under this
section, the chairperson of the board shall seek to reflect the
diversity of the state's population. An appointment made by the
chairperson of the board must be ratified by the board before the
appointment is effective. The chairperson of the board may remove
an appointed member for just cause { + , and the Governor may
remove an appointed member at the Governor's discretion + }. An
appointment to a policy committee that is based on the member's
employment is automatically revoked if the member changes
employment. The chairperson of the board shall fill a vacancy in
the same manner as making an initial appointment. The term of an
appointed member is two years. An appointed member may be
appointed to a second term.
(9) A policy committee may meet at such times and places as
determined by the policy committee in consultation with the
Department of Public Safety Standards and Training. A majority of
a policy committee constitutes a quorum to conduct business. A
policy committee may create subcommittees if needed.
(10)(a) Each policy committee shall develop policies,
requirements, standards and rules relating to its specific
discipline. A policy committee shall submit its policies,
requirements, standards and rules to the board for the board's
consideration. When a policy committee submits a policy,
requirement, standard or rule to the board for the board's
consideration, the board shall:
(A) Approve the policy, requirement, standard or rule;
(B) Disapprove the policy, requirement, standard or rule; or
(C) Defer a decision and return the matter to the policy
committee for revision or reconsideration.
(b) The board may defer a decision and return a matter
submitted by a policy committee under paragraph (a) of this
subsection only once. If a policy, requirement, standard or rule
that was returned to a policy committee is resubmitted to the
board, the board shall take all actions necessary to implement
the policy, requirement, standard or rule unless the board
disapproves the policy, requirement, standard or rule.
(c) Disapproval of a policy, requirement, standard or rule
under paragraph (a) or (b) of this subsection requires a
two-thirds vote by the members of the board.
(11) At any time after submitting a matter to the board, the
chairperson of the policy committee may withdraw the matter from
the board's consideration.
SECTION 32. ORS 421.344 is amended to read:
421.344. There is established Oregon Corrections Enterprises, a
semi-independent agency. The Director of the Department of
Corrections shall assign or appoint an administrator who shall
serve at the pleasure of the director { + and the Governor + }.
The administrator shall have authority to do all things necessary
and convenient to carry out ORS 192.502, 421.305, 421.312,
421.344 to 421.367, 421.412, 421.442, 421.444 and 421.445.
SECTION 33. ORS 565.410 is amended to read:
565.410. (1) There hereby is established the County Fair
Commission, consisting of eight members. The Director of
Agriculture, or a staff member of the State Department of
Agriculture appointed by the director, shall serve as a member of
the commission without vote. The director shall appoint seven
other members who are persons interested in fair activities.
Three of such members must reside in the area east of the Cascade
Mountains, three members must reside in the area west of the
Cascade Mountains, and one member shall be from the state at
large.
(2) The term of office of each voting member is three years,
but all members serve at the pleasure of the director { + and
the Governor + }. Before the expiration of the term of a voting
member, the director shall appoint a successor whose term begins
on January 1 next following. A voting member is eligible for
reappointment, but no voting member may serve more than two
consecutive terms. If there is a vacancy for any cause, the
director shall make an appointment to become immediately
effective for the unexpired term.
SECTION 34. ORS 243.505 is amended to read:
243.505. (1) The Deferred Compensation Advisory Committee shall
be appointed by the Public Employees Retirement Board, consisting
of seven members with knowledge of deferred compensation plans.
(2) At the direction of the board, the committee shall advise
the Public Employees Retirement Board on policies and procedures
and such other matters as the board may request.
(3) The term of office of each member is three years, but a
member serves at the pleasure of the board { + and the
Governor + }. Before the expiration of the term of a member, the
board shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the board shall make an appointment to
become immediately effective for the unexpired term.
(4) A member of the Deferred Compensation Advisory Committee is
entitled to compensation and expenses as provided in ORS 292.495.
(5) The Deferred Compensation Advisory Committee 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 such offices as the
committee determines.
(6) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(7) The Deferred Compensation Advisory Committee may meet at a
place, day and hour determined by the committee. The committee
also may meet at other times and places specified by the call of
the chairperson or of a majority of the members of the committee.
SECTION 35. ORS 526.031 is amended to read:
526.031. (1) The State Board of Forestry shall appoint a State
Forester, who must be a practical forester familiar with western
conditions and experienced in organization for the prevention of
forest fires. The forester shall be the chief executive officer
of the State Forestry Department. The forester shall hold office
at the pleasure of the board { + and the Governor + }, and shall
act as { - its - } { + the + } secretary { + of the
board + }.
(2) With the approval of the board and subject to applicable
provisions of the State Personnel Relations Law, the State
Forester may appoint a Deputy State Forester, assistant state
foresters and other employees of the department. During the State
Forester's absence or disability, all authority shall be
exercised by the Deputy State Forester or by the assistant whom
the State Forester or the board, by written order filed with the
Secretary of State, has designated as Acting State Forester.
(3) The board shall fix the compensation of the State Forester.
In addition to their salaries, the forester, the deputy and
assistants shall be reimbursed, subject to the limitations
otherwise provided by law, for their actual and necessary travel
and other expenses incurred in the performance of their duties.
SECTION 36. ORS 410.603 is amended to read:
410.603. (1) The Home Care Commission shall create a
Developmental Disabilities and Mental Health Committee. { +
Members of the committee serve at the pleasure of the commission
and the Governor. + }
(2) The committee shall provide information and make
recommendations to the commission on:
(a) Methods of improving the quality of services available to
persons with developmental disabilities or mental illnesses and
the family members of persons with developmental disabilities or
mental illnesses;
(b) Means of ensuring that an adequate amount of services are
available to persons with developmental disabilities or mental
illnesses and the family members of persons with developmental
disabilities or mental illnesses; and
(c) All the duties and functions under ORS 410.595 to 410.625
as those duties and functions pertain to persons with
developmental disabilities or mental illnesses and the family
members of persons with developmental disabilities or mental
illnesses, including but not limited to:
(A) Qualifications for personal support workers;
(B) Registration of personal support workers;
(C) Referrals for routine, emergency and respite care;
(D) Training opportunities for personal support workers; and
(E) Collective bargaining.
(3) The commission shall consider the recommendations of the
committee. When the commission does not follow the
recommendations of the committee, the commission shall inform the
committee of the reasons for not following the recommendations.
(4) The commission shall appoint members to the committee. In
appointing members to the committee, the commission shall include
at least one:
(a) Consumer of services, activities or purchases available to
persons with developmental disabilities;
(b) Consumer of services, activities or purchases available to
persons with mental illnesses;
(c) Family member of a person with a developmental disability;
(d) Family member of a person with a mental illness;
(e) Advocate for persons with developmental disabilities or
mental illnesses;
(f) Personal support worker;
(g) Representative from an agency that assists persons with
developmental disabilities or mental illnesses in finding and
arranging resources for home care services; and
(h) Representative from a support services brokerage that
assists persons with developmental disabilities or mental
illnesses in finding and arranging resources for home care
services.
SECTION 37. ORS 506.465 is amended to read:
506.465. (1) The Developmental Fisheries Board is established
in the State Department of Fish and Wildlife. The board shall
consist of members appointed by the State Fish and Wildlife
Commission after consultation with commercial fishing industry
representatives to insure representation on the board of a broad
range of fishing interests. { + Members of the board serve at
the pleasure of the commission and the Governor. + }
(2) The commission shall appoint:
(a) Two members who are commercial fishermen licensed in this
state and who are the operators of commercial fishing vessels
that are less than 60 feet in length.
(b) Two members who are commercial fishermen licensed in this
state and who are the operators of commercial fishing vessels
that are 60 feet or more in length.
(c) One member who represents commercial fishing interests in
general.
(d) One member who is employed by a fish processor having fewer
than 50 employees.
(e) One member who is employed by a fish processor having 50 or
more employees.
(f) One member who is an employee of the State Department of
Fish and Wildlife.
(g) One member who is an employee of the State Department of
Agriculture.
(3) A member of the board shall receive no compensation for
services as a member. However, subject to any applicable law
regulating travel and other expenses of state officers and
employees, a member shall be reimbursed for actual and necessary
travel and other expenses incurred in the performance of duties
as a board member. The board shall meet at least once each year.
SECTION 38. ORS 448.153 is amended to read:
448.153. (1) The State Drinking Water Advisory Committee is
created to advise and assist the Oregon Health Authority on
policies related to the protection, safety and regulation of
public drinking water in Oregon.
(2) The committee created under this section shall consist of
15 members appointed by the Public Health Officer. The officer
shall make the appointments after considering nominees from:
(a) Public water systems of cities with a population greater
than 100,000;
(b) Privately owned water systems;
(c) Environmental advocacy groups;
(d) The American Council of Engineering Companies of Oregon;
(e) The Conference of Local Health Officials created by ORS
431.330;
(f) The League of Oregon Cities;
(g) The League of Women Voters of Oregon;
(h) The Oregon Association of Water Utilities;
(i) The Oregon Environmental Health Association;
(j) The Oregon Environmental Laboratory Association;
(k) The Pacific Northwest Section of the American Water Works
Association;
(L) The Special Districts Association of Oregon;
(m) Organizations representing plumbers or backflow testers;
(n) Water consumers; and
(o) Watershed councils.
(3) The committee shall adopt rules to govern its proceedings
and shall select a chair and any other officers it considers
necessary.
(4) The members shall be appointed to serve for terms of three
years. { + Members serve at the pleasure of the Public Health
Officer and the Governor. + } A vacancy on the committee shall be
filled by appointment by the Public Health Officer for the
unexpired term.
(5) The committee shall meet regularly four times a year at
times and places fixed by the chair of the committee. The
committee may meet at other times specified by the chair or a
majority of the members of the committee.
(6) The Oregon Health Authority shall provide assistance and
space for meetings as requested by the chair of the committee.
(7) Members of the committee shall be entitled to actual and
necessary expenses as provided by ORS 292.495 (2).
SECTION 39. ORS 479.810 is amended to read:
479.810. (1) The Electrical and Elevator Board shall administer
and enforce ORS 479.510 to 479.945 and 479.995. The Director of
the Department of Consumer and Business Services shall appoint an
adequate staff of competent persons experienced and trained to
serve as electrical inspectors. The board shall assist the
director in reviewing determinations made by the staff involving
electrical installations or products and to assist in formulating
rules under ORS 479.730.
(2) The director, in consultation with the board, shall appoint
a representative of the department's staff of electrical
inspectors who shall serve ex officio as secretary of the board.
This person shall be known as the Chief Electrical
Inspector. { + The Chief Electrical Inspector serves at the
pleasure of the director and the Governor. + }
(3) The director shall certify a person as an electrical
inspector if:
(a) The person:
(A) Completes a general journeyman electrical apprenticeship
program in Oregon;
(B) Has two years' experience as a licensed electrician in
Oregon; and
(C) Passes the examination required for certification as a
supervising electrician; or
(b) For a person with experience outside the State of Oregon,
the person:
(A)(i) Has five years' experience in commercial or industrial
electrical inspection; and
(ii) Passes the examination required for certification as a
general supervising electrician; or
(B) Has six years of out-of-state experience as an electrician
and passes the examination required for certification as a
general supervising electrician.
(4) The board may, by rule, allow certification of persons as
electrical inspectors with experience or training that does not
meet the requirements specified in subsection (3) of this
section.
(5) Rules adopted under this section shall provide for the
recognition of equivalent experience acquired by a person outside
the State of Oregon.
(6) An examination taken for purposes of applying for
certification as an electrical inspector under this section shall
not be valid for use in an application to become licensed as a
supervising electrician.
SECTION 40. ORS 477.440 is amended to read:
477.440. (1) The State Board of Forestry shall appoint an
Emergency Fire Cost Committee consisting of four members, who
shall be forest landowners or representatives of forest
landowners whose forestland is being assessed for forest fire
protection within a forest protection district. At least one
member shall be selected from each forest region of the state.
Members shall serve at the pleasure of the board { + and the
Governor + }.
(2) Members of the Emergency Fire Cost Committee shall be
appointed by the board for four-year terms. Appointments under
this subsection shall be made by the board within 60 days after
July 21, 1987. If there is a vacancy for any cause, the board
shall make an appointment to become immediately effective for the
unexpired term.
SECTION 41. ORS 431.623 is amended to read:
431.623. (1) The Emergency Medical Services and Trauma Systems
Program is created within the Oregon Health Authority for the
purpose of administering and regulating ambulances, training and
licensing emergency medical services providers, establishing and
maintaining emergency medical systems, including trauma systems,
and maintaining the Oregon Trauma Registry, as necessary for
trauma reimbursement, system quality assurance and ensuring cost
efficiency.
(2) For purposes of ORS 431.607 to 431.619 and ORS chapter 682,
the duties vested in the authority shall be performed by the
Emergency Medical Services and Trauma Systems program.
(3) The program shall be administered by a director. { + The
director serves at the pleasure of the authority and the
Governor. + }
(4) With moneys transferred to the program by ORS 442.625, the
director of the program shall apply those moneys to:
(a) Developing state and regional standards of care;
(b) Developing a statewide educational curriculum to teach
standards of care;
(c) Implementing quality improvement programs;
(d) Creating a statewide data system for prehospital care; and
(e) Providing ancillary services to enhance Oregon's emergency
medical service system.
(5) The director of the program shall adopt rules for the
Oregon Trauma Registry, establishing:
(a) The information that must be reported by trauma centers;
(b) The form and frequency of reporting; and
(c) Procedures and standards for the administration of the
registry.
SECTION 42. ORS 401.062 is amended to read:
401.062. (1) The Office of Emergency Management is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers of the office.
(2) The Adjutant General, with the approval of the Governor,
shall appoint the Director of the Office of Emergency Management,
who holds office at the pleasure of the Adjutant General { + and
the Governor + }.
(3) The director shall be paid a salary as provided by law or,
if not so provided, as prescribed by the Adjutant General, with
the approval of the Governor.
(4) For purposes of administration, subject to the approval of
the Adjutant General, the director may organize and reorganize
the office as the director considers necessary to properly
conduct the work of the office.
(5) The director may divide the functions of the office into
administrative divisions. Subject to the approval of the Adjutant
General, the director may appoint an individual to administer
each division. The administrator of each division serves at the
pleasure of the director and is not subject to the provisions of
ORS chapter 240. Each individual appointed under this subsection
must be well qualified by technical training and experience in
the functions to be performed by the individual.
SECTION 43. ORS 401.072 is amended to read:
401.072. (1) The Director of the Office of Emergency Management
may, by written order filed with the Secretary of State, appoint
a deputy director. The deputy director serves at the pleasure of
the director { + and the Governor + }, has authority to act for
the director in the absence of the director and is subject to the
control of the director at all times.
(2) Subject to any applicable provisions of ORS chapter 240,
the director shall appoint all subordinate officers and employees
of the Office of Emergency Management, prescribe their duties and
fix their compensation.
SECTION 44. ORS 682.039 is amended to read:
682.039. (1) The Oregon Health Authority shall appoint a State
Emergency Medical Service Committee composed of 18 members as
follows:
(a) Seven physicians licensed under ORS chapter 677 whose
practice consists of routinely treating emergencies such as
cardiovascular illness or trauma, appointed from a list submitted
by the Oregon Medical Board.
(b) Four emergency medical services providers whose practices
consist of routinely treating emergencies, including but not
limited to cardiovascular illness or trauma, at least one of whom
is at the lowest level of licensure for emergency medical
services providers established by the authority at the time of
appointment. Emergency medical services providers appointed
pursuant to this paragraph must be selected from lists submitted
by each area trauma advisory board. The lists must include
nominations from entities including but not limited to
organizations that represent emergency care providers in Oregon.
(c) One volunteer ambulance operator.
(d) One person representing governmental agencies that provide
ambulance services.
(e) One person representing a private ambulance company.
(f) One hospital administrator.
(g) One nurse who has served at least two years in the capacity
of an emergency department nurse.
(h) One representative of an emergency dispatch center.
(i) One community college or licensed career school
representative.
(2) The committee shall include at least one resident but no
more than three residents from each region served by one area
trauma advisory board at the time of appointment.
(3) Appointments shall be made for a term of four years in a
manner to preserve as much as possible the representation of the
organization described in subsection (1) of this section.
{ + Members of the committee serve at the pleasure of the
authority and the Governor. + } Vacancies shall be filled for any
unexpired term as soon as the authority can make such
appointments. The committee shall choose its own chairperson and
shall meet at the call of the chairperson or the Director of the
Oregon Health Authority.
(4) The State Emergency Medical Service Committee shall:
(a) Advise the authority concerning the adoption, amendment and
repeal of rules authorized by this chapter;
(b) Assist the Emergency Medical Services and Trauma Systems
Program in providing state and regional emergency medical
services coordination and planning;
(c) Assist communities in identifying emergency medical service
system needs and quality improvement initiatives;
(d) Assist the Emergency Medical Services and Trauma Systems
Program in prioritizing, implementing and evaluating emergency
medical service system quality improvement initiatives identified
by communities;
(e) Review and prioritize rural community emergency medical
service funding requests and provide input to the Rural Health
Coordinating Council; and
(f) Review and prioritize funding requests for rural community
emergency medical service training and provide input to the Area
Health Education Center program.
(5) The chairperson of the committee shall appoint a
subcommittee on the licensure and discipline of emergency medical
services providers, consisting of five physicians and four
emergency medical services providers. The subcommittee shall
advise the authority and the Oregon Medical Board on the
adoption, amendment, repeal and application of rules concerning
ORS 682.204 to 682.220 and 682.245. The decisions of this
subcommittee are not subject to the review of the full State
Emergency Medical Service Committee.
(6) Members are entitled to compensation as provided in ORS
292.495.
SECTION 45. ORS 672.250 is amended to read:
672.250. (1) Upon the expiration of the term of any board
member, the Governor shall appoint a person possessing the
qualifications prescribed by ORS 672.240 as a member of the State
Board of Examiners for Engineering and Land Surveying to serve
for a term of four years from July 1.
(2) Every member of the board shall receive a certificate of
appointment from the Governor and before beginning the term shall
file with the Secretary of State the constitutional oath of
office.
(3) The Governor:
(a) May remove any member of the board { - for misconduct,
incapacity or neglect of duty - } { + at the Governor's
discretion + }.
(b) By appointment for the unexpired term, shall fill any
vacancy caused by death, resignation or removal from office.
SECTION 46. ORS 468.030 is amended to read:
468.030. There is hereby established in the
executive-administrative branch of the government of the state
under the Environmental Quality Commission a department to be
known as the Department of Environmental Quality. The department
shall consist of the Director of the Department of Environmental
Quality and all personnel employed in the department. { + The
director serves at the pleasure of the Governor. + }
SECTION 47. ORS 565.021 is amended to read:
565.021. (1) The State Parks and Recreation Director shall
appoint a State Fair Advisory Committee to provide advice and
assistance to the director on matters regarding the operation of
the Oregon State Fair.
(2) The advisory committee shall consist of seven members
appointed by the director for four-year terms. The director shall
appoint:
(a) A resident from each congressional district of Oregon. The
director shall seek to ensure that those persons reflect a
broad-based representation of the industrial, educational and
cultural interests active in state fair activities, such as
agricultural, stock raising, horticultural, mining, mechanical,
artistic and industrial pursuits.
(b) Two persons to represent county fair interests. The
director may give consideration to nominations suggested by the
County Fair Commission established under ORS 565.410.
(3) The members of the advisory committee serve at the pleasure
of the director { + and the Governor + }. The director may fill
a vacancy on the advisory committee by appointing a person to
fill the unexpired term.
(4) Each member of the advisory committee is entitled to
compensation and reimbursement of expenses, as provided in ORS
292.495, from moneys appropriated to the State Parks and
Recreation Department for that purpose.
(5) The advisory committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with such duties and powers necessary for the performance of the
functions of those offices as the advisory committee determines
appropriate.
(6) The advisory committee shall meet at the call of the
director.
SECTION 48. ORS 417.346 is amended to read:
417.346. Subject to the availability of funds therefor, the
Director of Human Services, in consultation with the Director of
the Oregon Health Authority, shall:
(1) Identify current programs and potential resources available
to families providing care for a family member with a disability
or chronic illness.
(2) Develop a biennial plan for adequate funding and recommend
budgetary priorities for family support services.
(3) Develop a biennial cooperative plan for assuring a
statewide interagency system of family support services.
(4) Adopt rules for family support services that are guided by
the goals and principles set forth in ORS 417.340 to 417.348.
These rules shall contain a grievance procedure.
(5) Make a biennial report to the Legislative Assembly on the
state of the family support system, including strengths,
deficiencies, cost savings and recommendations. This report shall
include a comprehensive statement of the efforts of the
Department of Human Services to carry out the policies and
principles set forth in this legislation. The report shall
include but not be limited to a list of family support services,
a summary of costs and the number of clients served.
(6) Establish a Family Support Advisory Council whose purpose
is to review and comment on plans and services provided or
contracted for family support by state agencies and advise the
Director { + of Human Services + } on the state plans for
coordinated family support services.
(a) The council shall meet a minimum of four times per year.
(b) The membership of the council shall be 51 percent consumers
of family support services.
(c) The remaining membership shall be composed of
representatives of agencies providing family support services and
representatives of advocacy groups. One member shall be a
representative of the Department of Education.
{ + (d) Members of the council serve at the pleasure of the
director and the Governor. + }
SECTION 49. ORS 633.479 is amended to read:
633.479. (1) There is created the Fertilizer Research Committee
to advise the Director of Agriculture on the funding of grants
for research and development related to the interaction of
fertilizer, agricultural amendment or agricultural mineral
products and ground water or surface water. The committee shall
consist of the director or the director's designee and six
members appointed by the director as follows:
(a) Two members of the public who have no involvement in the
manufacture or distribution of fertilizer, agricultural amendment
or agricultural mineral products;
(b) Three members representing the fertilizer, agricultural
amendment or agricultural mineral industry; and
(c) One member representing Oregon State University.
(2) The term of each appointed member is two years, but a
member serves at the pleasure of the director { + and the
Governor + }. Before the expiration of the term of a member, the
director shall appoint a successor whose term begins on January 1
next following. A member is eligible for reappointment. If there
is a vacancy for any cause, the director shall make an
appointment to become immediately effective for the unexpired
term.
(3) The committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers the committee determines to be necessary
for the performance of the functions of those offices.
(4) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(5) The committee shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the committee.
(6) The director may appoint an alternate committee member for
each member of the committee.
SECTION 50. ORS 476.020 is amended to read:
476.020. (1) The office of State Fire Marshal is established in
the Department of State Police. The State Fire Marshal shall be
appointed by and be administratively responsible to the
Superintendent of State Police, and shall serve at the pleasure
of the superintendent { + and the Governor + }. The State Fire
Marshal shall retain all current authority of the office and
shall be responsible for the implementation of its mission and
programs.
(2) The State Fire Marshal shall be qualified to direct the
technical and executive work of the agency as determined by the
superintendent and shall have education or training related to
the programs of the agency and significant experience in managing
fire protection or related programs.
SECTION 51. ORS 509.590 is amended to read:
509.590. (1) The State Fish and Wildlife Director shall
establish a Fish Passage Task Force to advise the director and
the State Department of Fish and Wildlife on matters related to
fish passage in Oregon, including but not limited to funding,
cost sharing and prioritization of efforts. The director shall
determine the members and the specific duties of the task force
by rule. { + Members of the task force serve at the pleasure of
the director and the Governor. + }
(2) The department shall provide staff necessary for the
performance of the functions of the task force.
(3) A member of the task force may not receive compensation for
services as a member of the task force. In accordance with ORS
292.495, a member of the task force may receive reimbursement for
actual and necessary travel or other expenses incurred in the
performance of official duties.
(4) The task force shall report semiannually to the appropriate
legislative committee with responsibility for salmon restoration
or species recovery, to advise the committee on matters related
to fish passage.
SECTION 52. ORS 496.085 is amended to read:
496.085. (1) There is established within the State Department
of Fish and Wildlife the Fish Screening Task Force consisting of
seven members appointed by the State Fish and Wildlife
Commission. { + Members of the task force serve at the
pleasure of the commission and the Governor. + }
(2) Three members shall be appointed to represent agricultural
interests, three shall be appointed to represent fishing or fish
conservation interests and one member shall be appointed to
represent the public. Members of the task force shall serve for
two-year terms. No member of the task force shall serve for more
than three consecutive two-year terms.
(3) A member of the task force shall receive no compensation
for services as a member. However, subject to any applicable law
regulating travel and other expenses of state officers and
employees, a member shall be reimbursed for actual and necessary
travel and other expenses incurred in the performance of official
duties from such moneys as may be available therefor in the State
Wildlife Fund.
(4) The task force shall meet at such times and places as may
be determined by the chair or by a majority of the members of the
task force.
(5) The duties of the task force are:
(a) To advise the department in the development of a
comprehensive cost-sharing program for the installation of fish
screening or by-pass devices in water diversions.
(b) To advise the department in establishing a stable and
equitable funding system for the installation and maintenance of
fish screening and by-pass devices.
(c) To advise the department in identifying sources and
applying for grants from local, state and federal governmental
agencies for funding the installation and maintenance of fish
screening and by-pass devices.
(d) To advise the department in monitoring fish screening
programs.
(e) To advise the department in a survey and study of fish
screening technology to determine the most cost-effective
alternatives for screening in the various situations that may be
encountered in the implementation of fish screening in this
state.
(f) To advise the department in preparing a report on the
capital costs and effectiveness of the program provided in ORS
498.306.
(g) To advise the department on the creation of the priority
criteria and the priority listing referred to in ORS 498.306
(14)(a) or (d).
SECTION 53. ORS 496.112 is amended to read:
496.112. (1) The State Fish and Wildlife Commission shall
appoint a State Fish and Wildlife Director to serve for a term
not to exceed four years unless sooner removed by the
commission { + or the Governor + }.
(2) The director shall receive such salary as may be fixed by
the commission. In addition to salary, subject to applicable law
regulating travel and other expenses of state officers, the
director shall be reimbursed for actual and necessary travel and
other expenses incurred in the performance of official duties.
(3) The commission may delegate to the director any of the
powers and duties granted to or imposed upon it by law, except to
revoke or refuse to issue licenses issued pursuant to the
commercial fishing laws.
(4) The commission may reappoint the director to additional
terms.
SECTION 54. ORS 624.121 is amended to read:
624.121. The Oregon Health Authority shall appoint a State Food
Service Advisory Committee. The committee shall consist of
volunteer representatives from a cross section of the food
service industry, the general public, appropriate local and state
groups, county environmental health specialists and other
appropriate state agencies, including the State Department of
Agriculture. { + Members of the committee serve at the
pleasure of the authority and the Governor. + } In addition to
such other duties as may be prescribed by the authority, the
committee, not later than October 1 of each even-numbered year,
shall submit to the authority and the Legislative Assembly
recommendations regarding the implementation of ORS 624.020,
624.060, 624.073, 624.495 and 624.510.
SECTION 55. ORS 526.700 is amended to read:
526.700. (1) The Forest Resource Trust is established in the
State Forestry Department. The Forest Resource Trust shall
provide funds for financial, technical and related assistance to
qualified private and local government forestland owners for
stand establishment and improved management of forestlands for
timber production as well as wildlife, water quality and other
environmental purposes.
(2) The members of the State Board of Forestry shall have
overall responsibility for management of the Forest Resource
Trust. The board is authorized to establish policies and programs
in addition to those created by ORS 526.695 to 526.775 to further
the purposes of the trust.
(3) The board shall appoint an advisory committee consisting of
no more than 15 members representing the public, nonindustrial
private forestland owners, the forest products industry, forest
consultants and contractors, the financial community,
environmental and conservation organizations and other related
interests including affected state agencies. { + Members of the
advisory committee serve at the pleasure of the board and the
Governor. + } The advisory committee shall assist the board in
setting policy for the best use and investment of funds available
to the trust and otherwise assist board members in the
performance of their duties as trustees.
(4) In accordance with any applicable provisions of ORS chapter
183, the board shall adopt rules to carry out the duties,
functions and powers of the Forest Resource Trust and to guide
implementation of the Forest Resource Trust programs.
(5) The State Forester is responsible for implementing board
policies and programs for the Forest Resource Trust.
SECTION 56. ORS 526.009 is amended to read:
526.009. (1) There is created a State Board of Forestry
consisting of seven members appointed by the Governor. The
members appointed to the board shall be subject to confirmation
by the Senate as provided in ORS 171.562 and 171.565. The
Governor shall designate one member of the board as chairperson
{ - to hold that position until that member's term expires or
until relieved by the Governor as provided in subsection (6) of
this section - } . The chairperson shall have such powers and
duties as are provided by the rules of the board.
(2) The term of office of a member of the board is four years.
A member shall be eligible for reappointment, but no member shall
serve more than two consecutive full terms. In case of a vacancy
for any cause, the Governor shall make an appointment as provided
in subsection (1) of this section.
(3) Appointments made by the Governor under subsection (1) of
this section shall include appointment of at least one member
from each of the forest regions established under ORS 527.640 and
the rules adopted thereunder by January 1, 1987.
(4) No more than three members of the board may derive any
significant portion of their income directly from persons or
organizations that are subject to regulation under ORS 527.610 to
527.770, 527.990 (1) and 527.992.
(5) Except as provided in subsection (4) of this section, no
member of the board shall have any relationship or pecuniary
interest that would interfere with the member representing the
public interest.
{ - (6) The Governor may at any time remove any member of the
board for inefficiency, incompetence, neglect of duty,
malfeasance in office, unfitness to render effective service or
failure to continue to meet the criteria of appointment pursuant
to this section. - }
{ + (6) Members of the board serve at the pleasure of the
Governor. + }
SECTION 57. ORS 366.212 is amended to read:
366.212. (1) There is created the Freight Advisory Committee to
be appointed by the Director of Transportation to advise the
director and the Oregon Transportation Commission regarding
issues, policies and programs that impact multimodal freight
mobility in Oregon.
(2) The director shall have discretion to determine the number
of committee members and the duration of membership. The
committee membership shall include, but not be limited to,
representatives from the shipping and carrier industries, the
state, local governments and ports, including the Port of
Portland. { + Members of the committee serve at the pleasure of
the director and the Governor. + }
(3) The committee shall:
(a) Elect a chairperson and a vice chairperson.
(b) Meet at least four times a year.
(c) Provide input on statewide and regional policies and
actions that impact freight mobility.
(d) Provide input on the development of policy and planning
documents that impact freight mobility.
(e) Advise the commission and regionally based advisory groups
about the Statewide Transportation Improvement Program and the
program's consideration and inclusion of highest priority
multimodal freight mobility projects in each Department of
Transportation region.
(4) The committee may make recommendations for freight mobility
projects to the commission. In making the recommendations, the
committee shall give priority to multimodal projects.
(5) The Department of Transportation shall provide policy and
support staff to the committee. The department shall also provide
other personnel to assist the committee as requested by the
chairperson and within the limits of available funds.
SECTION 58. ORS 672.615 is amended to read:
672.615. (1) The State Board of Geologist Examiners shall
operate as a semi-independent state agency subject to ORS 182.456
to 182.472 for the purpose of carrying out ORS 672.505 to
672.705. The board shall consist of four geologists and one
public member, appointed by the Governor.
(2) Each member of the board shall be a citizen of the United
States, and shall have been a resident of this state for one year
preceding appointment. Each of the appointed geologist members of
the board shall be a geologist registered under ORS 672.505 to
672.705. The State Geologist shall be an ex officio member of the
board. Insofar as possible the board shall be composed of members
having diverse geological specialties including at least one
engineering geologist.
(3) Members of the board shall hold office until the expiration
of the term for which they were appointed and until their
successors have been appointed and qualified. On the expiration
of the term of any member, the successor of the member shall be
appointed in like manner for a term of three years.
(4) No person shall serve as a member of the board for more
than two consecutive three-year terms.
(5) { - The Governor may remove any member of the board for
misconduct, incompetency, neglect of duty or other sufficient
cause. - } { + Members of the board serve at the pleasure of
the Governor. + } Vacancies in the membership of the board shall
be filled for the unexpired term by appointment as provided for
in this section.
(6) The board shall hold at least two regular meetings each
year.
(7) The board may fix qualifications of and appoint an
administrator who shall not be a member of the board. The board
shall fix the compensation of the administrator, who shall be in
the unclassified service.
(8) The board shall have the authority to appoint committees as
required or as considered advisable to perform such duties as the
board may direct. Such committees shall be composed of registered
geologists. Membership on all such committees is at the pleasure
of the board.
SECTION 59. ORS 516.120 is amended to read:
516.120. (1) The position of State Geologist within the State
Department of Geology and Mineral Industries is created. In
consultation with the Governor, the governing board of the State
Department of Geology and Mineral Industries shall appoint the
State Geologist. { + The State Geologist serves at the pleasure
of the board and the Governor. + }
(2) The State Geologist shall be qualified to perform as well
as to direct the technical and executive work of the department
as determined by the board and shall be a geologist, engineer or
other technical specialist with a broad background of practical
experience related to programs of the department.
SECTION 60. ORS 244.310 is amended to read:
244.310. (1) The Oregon Government Ethics Commission shall
appoint an executive director to serve at the pleasure of the
commission { + and the Governor + }.
(2) The executive director is responsible for the
administrative operations of the commission and shall perform
such other duties as may be designated or assigned to the
executive director from time to time by the commission.
(3) The commission may not delegate the power to adopt rules or
issue commission advisory opinions to the executive director.
The executive director may issue staff advisory opinions as
provided in ORS 244.282.
SECTION 61. ORS 536.090 is amended to read:
536.090. (1) In carrying out the duties, functions and powers
prescribed by law, the Water Resources Commission shall appoint a
ground water advisory committee to:
(a) Advise the commission on all matters relating to:
(A) Rules for the development, securing, use and protection of
ground water; and
(B) Licensing of well constructors, including the examination
of such persons for license.
(b) Review the proposed expenditure of all revenues generated
under ORS 537.762 (5). At least once each year, and before the
expenditure of such funds on new program activities, the Water
Resources Department and the ground water advisory committee
shall develop jointly a proposed expenditure plan for concurrence
by the Water Resources Commission. The plan may be modified, if
necessary, upon the joint recommendation of the department and
the ground water advisory committee with concurrence by the
commission.
(2) The committee shall consist of nine members who represent a
range of interests or expertise. At least three of the members
shall be individuals actively engaged in some aspect of the water
supply or monitoring well drilling industry. Members shall serve
for such terms as the commission may specify. { + Members serve
at the pleasure of the commission and the Governor. + } The
committee shall meet at least once every three months and at
other times and places as the commission may specify.
(3) A member of the committee shall not receive compensation,
but at the discretion of the commission may be reimbursed for
travel expenses incurred, subject to ORS 292.495.
SECTION 62. ORS 743.827 is amended to read:
743.827. The Director of the Department of Consumer and
Business Services shall appoint a Health Care Consumer Protection
Advisory Committee with fair representation of health care
consumers, providers and insurers. { + Members of the committee
serve at the pleasure of the director and the Governor. + } The
committee shall advise the director regarding the implementation
of ORS 743.801, 743.803, 743.804, 743.806, 743.807, 743.808,
743.811, 743.814, 743.817, 743.819, 743.821, 743.823, 743.827,
743.829, 743.831, 743.834, 743.837, 743.839 and 743A.012 and
other issues related to health care consumer protection.
SECTION 63. ORS 442.011 is amended to read:
442.011. There is created in the Oregon Health Authority the
Office for Oregon Health Policy and Research. The Administrator
of the Office for Oregon Health Policy and Research shall be
appointed by the Director of the Oregon Health Authority { + and
serves at the pleasure of the director and the Governor + }. The
administrator shall be an individual with demonstrated
proficiency in planning and managing programs with complex public
policy and fiscal aspects such as those involved in the medical
assistance program.
SECTION 64. ORS 353.040 is amended to read:
353.040. (1) There is established an Oregon Health and Science
University Board of Directors consisting of 10 members. The
directors, except for the president of the university, shall be
appointed by the Governor and shall be confirmed by the Senate in
the manner prescribed in ORS 171.562 and 171.565.
(2) Except for the president of the university, the term of
office of each nonstudent member is four years. The term of
office of the student member is two years. Before the expiration
of the term of a member, the Governor shall appoint a successor
whose term begins on October 1 next following. A member is
eligible for reappointment for one additional term. If there is a
vacancy for any cause, the Governor shall make an appointment to
become effective immediately for the unexpired term. The board
shall nominate a slate of candidates whenever a vacancy occurs or
is announced and shall forward the recommended candidates to the
Governor for consideration. To assist the Governor in appointing
the student member, the duly organized and recognized entity of
student government shall submit a list of nominees to the
Governor for consideration.
(3) The membership of the board shall be as follows:
(a) One representative who is a nonstudent member of the State
Board of Higher Education.
(b) Seven representatives who, in the discretion of the
Governor, have experience in areas related to the university
missions or that are important to the success of Oregon Health
and Science University, including but not limited to higher
education, health care, scientific research, engineering and
technology and economic and business development.
(c) One representative who is a student enrolled at the
university.
(d) The president of the university, who shall be an ex officio
voting member.
(4) Directors must be citizens of the United States. Except for
the president of the university, no voting member may be an
employee of the university.
(5) The board shall select one of its members as chairperson
and another as vice chairperson for such terms and with such
duties and powers as the board considers necessary for
performance of the functions of those offices. The board shall
adopt bylaws concerning how a quorum shall be constituted and
when a quorum shall be necessary.
(6) The board shall meet at least once every three months at
Oregon Health and Science University. The board shall meet at
such other times and places specified by the chairperson or by a
majority of the members of the board.
(7) The Governor may remove any member of the board at
{ - any time for cause, after notice and public hearing, but not
more than three members shall be removed within a period of four
years, unless it is for corrupt conduct in office - } { + the
Governor's discretion + }.
SECTION 65. ORS 353.060 is amended to read:
353.060. The Oregon Health and Science University Board of
Directors shall appoint a president of the university. { + The
president serves at the pleasure of the board and the
Governor. + } The president is the president of the faculty and
is the executive and governing officer of the university. Subject
to the supervision of the board, the president has authority to
direct the affairs of the university.
SECTION 66. ORS 741.025 is amended to read:
741.025. (1) The Oregon Health Insurance Exchange Corporation
shall be governed by a board of directors consisting of two ex
officio members and seven members who are appointed by the
Governor and subject to confirmation by the Senate in the manner
prescribed by ORS 171.562 and 171.565.
(2) The ex officio voting members of the board are:
(a) The Director of the Oregon Health Authority or the
director's designee; and
(b) The Director of the Department of Consumer and Business
Services or the director's designee.
(3)(a) The term of office of each member who is not an ex
officio member is four years. The Governor may remove any member
at { - any time for incompetence, neglect of duty or
malfeasance in office, after notice and a hearing that shall be
open to the public, but the Governor may not remove more than
three members within any four-year period except for corrupt
conduct in office - } { + the Governor's discretion + }.
(b) Before the expiration of the term of a member who is not an
ex officio member, the Governor shall appoint a successor whose
term begins on January 1 next following. A member who is not an
ex officio member is eligible for no more than two
reappointments. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the
unexpired term.
(4) The members who are not ex officio members must be
individuals who:
(a) Are United States citizens and residents of the State of
Oregon;
(b) Have demonstrated professional and community leadership
skills and experience;
(c) To the greatest extent practicable, represent the
geographic, ethnic, gender, racial and economic diversity of this
state; and
(d) Subject to subsections (5) and (6) of this section,
collectively offer expertise, knowledge and experience in
individual insurance purchasing, business, finance, sales, health
benefits administration, individual and small group health
insurance and use of the health insurance exchange.
(5) No more than two of the members who are not ex officio
members may 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.
(6)(a) At least two of the members who are not ex officio
members shall be consumer members.
(b) One consumer member must be an individual consumer
purchasing a qualified health plan through the exchange.
(c) One consumer member must be a small business employer
purchasing a qualified health plan through the exchange.
(7) The board of directors shall adopt a formal business plan
for the corporation, which shall include a plan for developing
metrics to measure customer service and provider satisfaction,
and shall establish the policies for the operation of the
exchange, consistent with state and federal law.
SECTION 67. ORS 676.610 is amended to read:
676.610. (1)(a) The Oregon Health Licensing Agency is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers and for the
organization of the agency.
(b) The Director of the Oregon Department of Administrative
Services shall establish the qualifications for and appoint the
Director of the Oregon Health Licensing Agency, who holds office
at the pleasure of the Director of the Oregon Department of
Administrative Services { + and the Governor + }.
(c) The Director of the Oregon Health Licensing Agency shall
receive a salary as provided by law or, if not so provided, as
prescribed by the Director of the Oregon Department of
Administrative Services.
(d) The Director of the Oregon Health Licensing Agency is in
the unclassified service.
(2) The Director of the Oregon Health Licensing Agency shall
provide the boards, councils and programs administered by the
agency with such services and employees as the agency requires to
carry out the agency's duties. Subject to any applicable
provisions of the State Personnel Relations Law, the Director of
the Oregon Health Licensing Agency shall appoint all subordinate
officers and employees of the agency, prescribe their duties and
fix their compensation.
(3) The Director of the Oregon Health Licensing Agency is
responsible for carrying out the duties, functions and powers
under ORS 675.360 to 675.410, 676.605 to 676.625, 676.992,
678.710 to 678.820, 680.500 to 680.565, 687.405 to 687.495,
687.895, 688.701 to 688.734, 688.800 to 688.840, 690.005 to
690.235, 690.350 to 690.415, 691.405 to 691.485 and 694.015 to
694.185 and ORS chapter 700.
(4) The enumeration of duties, functions and powers in
subsection (3) of this section is not intended to be exclusive or
to limit the duties, functions and powers imposed on or vested in
the Oregon Health Licensing Agency by other statutes.
SECTION 68. ORS 431.035 is amended to read:
431.035. (1) The Director of the Oregon Health Authority may
delegate to any of the officers and employees of the Oregon
Health Authority the exercise or discharge in the director's name
of any power, duty or function of whatever character vested in or
imposed upon the director by the laws of Oregon. However, the
power to administer oaths and affirmations, subpoena witnesses,
take evidence and require the production of books, papers,
correspondence, memoranda, agreements or other documents or
records may be exercised by an officer or employee of the
authority only when specifically delegated in writing by the
director.
(2) The official act of any such person so acting in the
director's name and by the authority of the director shall be
deemed to be an official act of the director.
(3)(a) The Director of the Oregon Health Authority shall
appoint a Public Health Director to perform the duties and
exercise authority over public health emergency matters in the
state and other duties as assigned by the director. { + The
Public Health Director serves at the pleasure of the Director of
the Oregon Health Authority and the Governor. + } The Director
{ + of the Oregon Health Authority + } may appoint the same
person to serve as both the Public Health Director and the Public
Health Officer appointed under ORS 431.045.
(b) The Public Health Director shall be an assistant director
appointed by the Director of the Oregon Health Authority in
accordance with ORS 409.130.
(c) The Public Health Director shall delegate to an employee of
the authority the duties, powers and functions granted to the
Public Health Director by ORS 431.264 and 433.443 in the event of
the absence from the state or the unavailability of the director.
The delegation must be in writing.
SECTION 69. ORS 431.045 is amended to read:
431.045. The Director of the Oregon Health Authority shall
appoint a physician licensed by the Oregon Medical Board and
certified by the American Board of Preventive Medicine who shall
serve as the Public Health Officer and be responsible for the
medical and paramedical aspects of the health programs within the
Oregon Health Authority. { + The Public Health Officer serves at
the pleasure of the director and the Governor. + }
SECTION 70. ORS 97.774 is amended to read:
97.774. (1) There is established within the State Parks and
Recreation Department the Oregon Commission on Historic
Cemeteries consisting of seven members appointed by the State
Parks and Recreation Director.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the director { + and the
Governor + }. Before the expiration of the term of a member, the
director shall appoint a successor whose term begins on July 1
next following. A member is eligible for reappointment. If there
is a vacancy for any cause, the director shall make an
appointment to become immediately effective for the unexpired
term.
(3) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495.
SECTION 71. ORS 358.666 is amended to read:
358.666. (1) There is established the Historic Preservation
Revolving Loan Fund Review Committee, consisting of three members
appointed by the State Historic Preservation Officer and
representing each of the following interests:
(a) The interests of the Housing and Community Services
Department;
(b) The interests of the State Historic Preservation Officer;
and
(c) The interests of banks and other financial institutions.
(2) The review committee shall review applications for loans
from the Historic Preservation Revolving Loan Fund, make
recommendations for loan approval or disapproval to the State
Historic Preservation Officer and establish interest rates to be
charged for the loans.
(3) The term of office of each member of the review committee
is four years, but a member serves at the pleasure of the State
Historic Preservation Officer { + and the Governor + }. Before
the expiration of the term of a member, the State Historic
Preservation Officer shall appoint a successor whose term begins
on the July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the State
Historic Preservation Officer shall make an appointment to become
immediately effective for the unexpired term.
(4) Successor appointments to the review committee shall be
based on representation of interests of the Housing and Community
Services Department, the State Historic Preservation Officer and
banks and other financial institutions.
(5) A majority of the members of the review committee
constitutes a quorum for the transaction of business.
(6) A member of the review committee shall serve without
compensation.
(7) The review committee shall meet at least once per year.
SECTION 72. ORS 689.645 is amended to read:
689.645. (1) In accordance with rules adopted by the State
Board of Pharmacy under ORS 689.205, a pharmacist may administer
vaccines to persons who are at least 11 years of age.
(2) The board may adopt rules allowing a pharmacist to
prescribe vaccines to persons who are at least 11 years of age.
The rules may only be as broad as necessary to enable pharmacists
to enroll and participate in the Vaccines for Children Program
administered by the Centers for Disease Control and Prevention.
(3) The board is authorized to issue, to licensed pharmacists
who have completed training accredited by the Centers for Disease
Control and Prevention, the American Council on Pharmaceutical
Education or a similar health authority or professional body,
certificates of special competency in the prescription and
administration of vaccines to persons who are at least 11 years
of age.
(4) The board shall adopt rules relating to the reporting of
the prescription and administration of vaccines to a patient's
primary health care provider and to the Oregon Health Authority.
(5) The board shall adopt rules requiring pharmacists to
establish protocols for the prescription and administration of
vaccines to persons who are at least 11 years of age.
(6) The board shall convene a volunteer Immunization and
Vaccination Advisory Committee consisting of no more than nine
members for the purpose of advising the board in promulgating
rules under this section. The committee shall consist of one
representative from the Oregon Health Authority, two
representatives from the Oregon Medical Board, two
representatives from the Oregon State Board of Nursing and two
representatives from the State Board of Pharmacy and no more than
two pharmacists other than the representatives from the State
Board of Pharmacy. { + Members of the committee serve at the
pleasure of the State Board of Pharmacy and the Governor. + }
SECTION 73. ORS 741.029 is amended to read:
741.029. (1) The Oregon Health Insurance Exchange Corporation
board of directors shall establish an Individual and Employer
Consumer Advisory Committee for the purpose of facilitating input
from a variety of stakeholders on issues related to the duties of
the corporation, the operation of the health insurance exchange
and related issues. The board shall determine the membership,
terms and organization of the committee and shall appoint the
members. { + Members of the committee serve at the pleasure of
the board and the Governor. + } Members of the committee shall be
representative of:
(a) Individuals and employers that purchase health plans
through the exchange;
(b) Individuals who enroll in state medical assistance through
the exchange;
(c) Racial and ethnic minorities in this state;
(d) All geographic regions of this state; and
(e) Organizations that help individuals to enroll in health
plans through the exchange, including insurance producers and
advocates for hard-to-reach populations.
(2) Members of the committee who are not members of the board
are not entitled to compensation, but at the discretion of the
board may be reimbursed from funds available to the board for
actual and necessary travel and other expenses incurred by them
in the performance of their official duties, in the manner and
amount provided in ORS 292.495.
SECTION 74. ORS 291.038 is amended to read:
291.038. (1) The planning, acquisition, installation and use of
all information and telecommunications technology by state
government and agencies of state government shall be coordinated
so that statewide plans and activities, as well as those of
individual agencies, are addressed in the most integrated,
economic and efficient manner. To provide policy direction for
and coordination of information technology for state government,
the Director of the Oregon Department of Administrative Services
shall chair and appoint not fewer than five agency executives to
an Information Resources Management Council. The council
membership shall include at least two members who represent the
private sector and political subdivisions of the state. { +
Members of the council serve at the pleasure of the director and
the Governor. + }
(2) To facilitate accomplishment of the purpose set forth in
subsection (1) of this section, the Oregon Department of
Administrative Services shall adopt rules, policies and standards
to plan for, acquire, implement and manage the state's
information resources. In developing rules, policies and
standards, the department shall consult with state agencies that
have needs that information resources may satisfy. State agencies
shall cooperate with the department in preparing and complying
with rules, policies and standards. The rules, policies and
standards must be formulated to promote electronic communication
and information sharing among state agencies and programs,
between state and local governments and with the public where
appropriate.
(3) Rules, policies, plans, standards and specifications must
be formulated to ensure that information resources fit together
in a statewide system capable of providing ready access to
information, computing or telecommunication resources. Plans and
specifications the department adopts must be based on industry
standards for open systems to the greatest extent possible.
Before adopting rules described in subsection (2) of this
section, the department shall present the proposed rules to the
appropriate legislative committee. The department has the
responsibility to review, oversee and ensure that state agencies'
planning, acquisition and implementation activities align with
and support the statewide information resources management plan.
The department is responsible for procuring information
technology fairly, competitively and in a manner that is
consistent with the department's rules.
(4)(a) The policy of the State of Oregon is that state
government telecommunications networks should be designed to
provide state-of-the-art services where economically and
technically feasible, using shared, rather than dedicated, lines
and facilities.
(b) The department shall, when procuring telecommunications
network services, consider achieving the economic development and
quality of life outcomes set forth in the Oregon benchmarks.
(5)(a) The department, upon request, may furnish and deliver
statewide integrated videoconferencing and statewide online
access service to a public or private entity that primarily
conducts activities for the direct good or benefit of the public
or community at large in providing educational, economic
development, health care, human services, public safety, library
or other public services. The department shall adopt rules with
respect to furnishing the service.
(b) The department shall establish the statewide integrated
videoconferencing and statewide online access user fees,
services, delivery, rates and long range plans in consultation
with the Stakeholders Advisory Committee created pursuant to this
section. The rates shall reflect the department's cost in
providing the service.
(c) The department by rule shall restrict the department's
furnishing or delivery of Internet access service to private
entities when the service would directly compete with two or more
local established providers of Internet access services within
the local exchange telecommunications service area.
(d) The rates and services established and provided under this
section are not subject to the Public Utility Commission's
regulation or authority.
(6)(a) There is created the Stakeholders Advisory Committee,
consisting of a minimum of nine members appointed by the Director
of the Oregon Department of Administrative Services. In making
appointments, the director shall give consideration to geographic
balance and adequate representation of the department's users and
providers and the general public.
(b) The committee must consist of members who represent
elementary or secondary education, higher education, community
colleges, economic development, health care, human services and
public safety. At least four members must reside in areas east of
the Cascade Mountains.
(c) The term of office of each member is three years, but a
member serves at the { - sole discretion of the director - }
{ + pleasure of the director and the Governor + }. The director
shall appoint a successor to a member before the member's term
expires. A member is eligible for reappointment. If a position on
the committee is vacant for any cause, the director shall make an
appointment to the position that is immediately effective for the
unexpired term.
(d) A member of the committee is entitled to travel expenses
pursuant to ORS 292.495. Members of the committee are not
entitled to compensation.
(e) The director may establish additional advisory and
technical committees as the director considers necessary to aid
and advise the Stakeholders Advisory Committee in the performance
of the committee's functions.
(f) The director may delegate to the State Chief Information
Officer a duty, function or power that this subsection imposes
upon the director.
(7) An organization or organizations recognized as tax exempt
under section 501(c)(3) of the Internal Revenue Code that
primarily conduct activities for the direct good or benefit of
the public or community at large in providing educational,
economic development, health care, human services, public safety,
library or other public services and have formed an affiliation
with one or more federal, state or local governmental units
within this state may apply to the department for designation as
a community of interest. The application must be in the form
prescribed by the department and contain information regarding
the governmental affiliation relationship, the tax exempt status
of each organization and the public benefit services to be
provided. The department shall establish an application review
and appeal process to ensure that designating the organizations
as a community of interest for the purposes of including the
organization in telecommunications contracts under ORS 283.520
will result in providing educational, medical, library or other
services for public benefit.
(8) This section does not apply to the State Board of Higher
Education or any public university listed in ORS 352.002.
(9) As used in this section:
(a) 'Information resources' means media, instruments and
methods for planning, collecting, processing, transmitting and
storing data and information, including telecommunications.
(b) 'Information technology' includes, but is not limited to,
present and future forms of hardware, software and services for
data processing, office automation and telecommunications.
(c) 'Internet access service' means electronic connectivity to
the Internet and the services of the Internet.
(d) 'Open systems' means systems that allow state agencies
freedom of choice by providing a vendor-neutral operating
environment where different computers, applications, system
software and networks operate together easily and reliably.
(e) 'State-of-the-art services' includes equipment, facilities
and the capability to distribute digital communication signals
that transmit voice, data, video and images over a distance.
(f) 'Telecommunications' means hardware, software and services
for transmitting voice, data, video and images over a distance.
(g) 'Statewide integrated videoconferencing' means a statewide
electronic system capable of transmitting video, voice and data
communications.
(h) 'Statewide online access' means electronic connectivity to
information resources such as computer conferencing, electronic
mail, databases and Internet access.
SECTION 75. ORS 285A.101 is amended to read:
285A.101. (1) The Director of the Oregon Business Development
Department, upon consultation with and the approval of the Oregon
Infrastructure Finance Authority Board, shall appoint an
administrator of the Oregon Infrastructure Finance Authority who
shall serve at the pleasure of the director { + and the
Governor + }.
(2) The administrator shall receive such salary as may be
provided by law or as fixed by the director.
(3) The administrator shall be the administrative head of the
authority.
(4) The administrator may suggest rules to the director for the
government of the authority, the conduct of its employees, the
assignment and performance of its business and the custody, use
and preservation of its records, papers and property.
(5) The administrator shall hire the staff necessary to allow
the authority to carry out its duties. In accordance with the
State Personnel Relations Law, the administrator and any manager
hired by the administrator shall be in the unclassified service.
SECTION 76. ORS 705.105 is amended to read:
705.105. (1) The Department of Consumer and Business Services
is created.
(2) The department shall be under the supervision and control
of a director who shall be responsible for the functions of the
department.
(3) Subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565, the Governor shall appoint
the director, who shall hold office at the pleasure of the
Governor. The person appointed as director shall be well
qualified by training and experience to perform the functions of
the office.
(4) The director shall receive such salary as is provided by
law or, if not so provided, as is fixed by the Governor.
(5) With respect to the duties, functions and powers imposed
upon the director under the insurance laws, the director may be
designated by the title of Insurance Commissioner or may appoint
a person under ORS 705.115 to serve under the supervision and
control of the director as Insurance Commissioner. { + The
Insurance Commissioner serves at the pleasure of the director and
the Governor. + }
(6) Before entering upon the functions of office, the director
shall give to the state a fidelity bond with one or more
corporate sureties authorized to do business in this state, or an
irrevocable letter of credit issued by an insured institution, as
defined in ORS 706.008, in either case in the penal sum fixed by
the Governor.
(7) The department shall have an official seal. Any certificate
or other document or paper executed by the department pursuant to
its authority and sealed with its seal, and all copies of papers
certified by it and authenticated by the seal, shall in all cases
be evidence equally and in like manner as the original and shall
have the same force and effect as would the original in any suit
or proceeding in any court in this state.
SECTION 77. ORS 570.770 is amended to read:
570.770. (1) The Invasive Species Council is established within
the State Department of Agriculture. Except as provided in ORS
570.780 (1), the council shall consist of 15 members. The
following persons are voting ex officio members of the council:
(a) The Director of Agriculture or a designated representative.
(b) The president of Portland State University or a designated
representative.
(c) The State Fish and Wildlife Director or a designated
representative.
(d) The administrative head of the Sea Grant College of Oregon
State University or a designated representative.
(e) The State Forester or a designated representative.
(f) The Director of the Department of Environmental Quality or
a designated representative.
(2) The voting ex officio members of the council described in
subsection (1) of this section shall collectively appoint nine
members to the council.
(3) The term of office of each appointed member is two years,
but an appointed member serves at the pleasure of the voting ex
officio members of the council { + and the Governor + }. Before
the expiration of a term, the voting ex officio members of the
council shall appoint a successor whose term begins on January 1
next following. An appointed member may not serve more than two
successive terms on the council. If there is a vacancy in an
appointed member position for any cause, the voting ex officio
members of the council shall make an appointment to become
immediately effective for the unexpired term.
(4) In making appointments to the council, the voting ex
officio members of the council shall endeavor to appoint persons
representative of the geographic, cultural and economic diversity
of this state. The voting ex officio members of the council may
give consideration to nominations submitted by federal and state
agencies, local governments, universities, industry and other
groups having an interest in invasive species.
(5) An appointed member of the council is not entitled to
compensation under ORS 292.495. A member of the council is not
entitled to reimbursement for expenses. At the discretion of the
council, council members may be reimbursed from funds available
to the council for actual and necessary travel and other expenses
incurred by members of the council in the performance of their
official duties, subject to the limits described in ORS 292.495.
SECTION 78. ORS 570.780 is amended to read:
570.780. (1) Subject to available funding, the Invasive Species
Council may appoint a State Invasive Species Coordinator to serve
at the pleasure of the voting members of the council { + and the
Governor + }. If the council appoints a coordinator, the
coordinator shall serve as a nonvoting ex officio member of the
council.
(2) The State Department of Agriculture is responsible for
ensuring payment of the administrative expenses of the council.
The State Department of Agriculture may enter into interagency
agreements under ORS 190.110 with the State Department of Fish
and Wildlife, the State Forestry Department, the Department of
Environmental Quality, Portland State University and Oregon State
University for sharing the administrative expenses of the
council.
(3) The State Department of Agriculture shall act as the fiscal
agent of the council for purposes of:
(a) Budgeting, interagency agreements for sharing
administrative expenses or other mechanisms for paying the
administrative and other expenses of the council;
(b) Drafting and processing contracts, other agreements, grant
applications or other documents;
(c) Receiving gifts, grants, donations or other moneys on
behalf of the council and ensuring the appropriate crediting of
those moneys to the Invasive Species Council Account or the trust
account described in ORS 570.800; and
(d) Taking all reasonable actions to ensure the council is in
compliance with state financial administration laws.
SECTION 79. ORS 398.012 is amended to read:
398.012. (1) The Governor, on the recommendation of the
Adjutant General, shall appoint an officer of the organized
militia as State Judge Advocate { + , who serves at the pleasure
of the Governor + }. To be eligible for appointment as State
Judge Advocate, an officer must:
(a) Be a member in good standing of the Oregon State Bar;
(b) Have been a member of the Oregon State Bar for at least
five years; and
(c) Meet the qualifications for a judge advocate under the
Uniform Code of Military Justice.
(2) The Adjutant General may appoint an officer of the
organized militia as an Assistant State Judge Advocate. The
Adjutant General may appoint as many Assistant State Judge
Advocates as the Adjutant General deems necessary. { + Assistant
State Judge Advocates serve at the pleasure of the Adjutant
General and the Governor. + } To be eligible for appointment as
an Assistant State Judge Advocate, an officer must:
(a) Be a member in good standing of the Oregon State Bar; and
(b) Meet the qualifications for a judge advocate under the
Uniform Code of Military Justice.
(3)(a) The Adjutant General may appoint temporary Assistant
State Judge Advocates who are officers of the organized militia.
An individual appointed as a temporary Assistant State Judge
Advocate has 12 months from the date of appointment to become a
member in good standing of the Oregon State Bar and meet the
qualifications for a judge advocate under the Uniform Code of
Military Justice.
(b) The legal services performed by a temporary Assistant State
Judge Advocate are limited to those legal services that may be
performed by legal assistants consistent with ORS 9.160.
(c) A temporary Assistant State Judge Advocate who has met the
requirements under this subsection is eligible for appointment as
an Assistant State Judge Advocate.
(d) The Adjutant General may extend, for an additional 12
months, the time during which a temporary Assistant State Judge
Advocate must meet the qualifications described in paragraph (a)
of this subsection.
(4) The Adjutant General may appoint State Judge Advocate Legal
Assistants for a period not to exceed 12 months. An individual
appointed as a State Judge Advocate Legal Assistant shall be an
officer of the Oregon State Defense Force and shall be legally
trained but is not required to be admitted to the practice of law
by the Supreme Court of this state. The legal services performed
by a State Judge Advocate Legal Assistant are limited to those
legal services that may be performed by legal assistants
consistent with ORS 9.160.
(5) The State Judge Advocate, the Senior Force Judge Advocate,
as defined in the Oregon Code of Military Justice (2008), or
their assistants shall make frequent inspections in the field for
supervision of the administration of military justice and general
military legal matters.
(6)(a) Convening authorities shall at all times communicate
directly with their judge advocate in matters relating to the
administration of military justice and general military legal
matters.
(b) The judge advocate of any command may communicate directly
with the judge advocate of a superior or subordinate command, or
with the State Judge Advocate or the Senior Force Judge Advocate,
as defined in the Oregon Code of Military Justice (2008).
(7) A person who has acted as member, military judge, trial
counsel, assistant trial counsel, defense counsel, assistant
defense counsel or investigating officer, or who has been a
witness for either the prosecution or defense in any case, may
not later act as judge advocate to any reviewing authority upon
the same case.
(8) A judicial officer, as defined by ORS 1.210, is not
prohibited, by reason of holding that office, from:
(a) Performing all acts necessary or incumbent to the
authorized exercise of duties as a judge advocate or as a member
of the Military Council.
(b) Being assigned as a judge advocate by the Adjutant General
as appointed by the Governor as Commander in Chief under the
Oregon Constitution.
SECTION 80. ORS 417.040 is amended to read:
417.040. (1) The office of Juvenile Compact Administrator
hereby is created. The Director of the Oregon Youth Authority
shall be ex officio Juvenile Compact Administrator, with no
additional compensation. The administrator shall act jointly with
like officers of other party states in promulgating rules and
regulations to carry out more effectively the terms of the
compact. The administrator shall cooperate with all departments,
agencies and officers of the government of this state and its
subdivisions in facilitating the proper administration of the
compact or of any supplementary agreement or agreements entered
into by this state thereunder.
(2) The Juvenile Compact Administrator shall appoint a Deputy
Juvenile Compact Administrator to serve at the pleasure of the
administrator { + and the Governor + }. The deputy shall be
appointed on the basis of personal qualifications in accordance
with standards fixed by the Oregon Youth Authority. The youth
authority shall fix the salary of the deputy. Subject to the
approval of the youth authority, and at salaries fixed by it, the
administrator may employ such other personnel as may be necessary
to accomplish the purposes of ORS 417.010 to 417.080. The
administrator shall prescribe the duties of the deputy and such
other personnel, and they shall be subject to the control and
under the immediate supervision of the administrator. Personnel
other than the administrator and the deputy shall be subject to
any applicable provision of the State Personnel Relations Law.
Subject to the approval of the youth authority, the administrator
may also provide necessary offices, supplies and equipment.
SECTION 81. ORS 197.030 is amended to read:
197.030. (1) There is established a Land Conservation and
Development Commission consisting of seven members appointed by
the Governor, subject to confirmation by the Senate pursuant to
section 4, Article III, Oregon Constitution.
(2) The Governor shall appoint to the commission:
(a) One member representing Clatsop, Columbia, Coos, Curry,
Lincoln and Tillamook Counties and those portions of Douglas and
Lane Counties lying west of the summit of the Coast Range;
(b) Two members representing Clackamas, Multnomah and
Washington Counties;
(c) One member representing Benton, Linn, Marion, Polk and
Yamhill Counties and that portion of Lane County lying east of
the summit of the Coast Range;
(d) One member representing Jackson and Josephine Counties and
that portion of Douglas County lying east of the summit of the
Coast Range;
(e) One member representing Baker, Crook, Deschutes, Gilliam,
Grant, Harney, Hood River, Jefferson, Klamath, Lake, Malheur,
Morrow, Sherman, Umatilla, Union, Wallowa, Wasco and Wheeler
Counties; and
(f) One member representing Benton, Clackamas, Linn, Marion,
Multnomah, Polk, Washington and Yamhill Counties and that portion
of Lane County lying east of the summit of the Coast Range.
(3) At least one member shall be or have been an elected city
official in Oregon and at least one member shall be an elected
county official at the time of appointment.
(4) The term of office of each member of the commission is four
years, but a member { - may be removed by the Governor for
cause - } { + serves at the pleasure of the Governor + }.
Before the expiration of the term of a member, the Governor shall
appoint a successor. No person shall serve more than two full
terms as a member of the commission.
(5) If there is a vacancy for any cause, the Governor shall
make an appointment to become immediately effective for the
unexpired term.
SECTION 82. ORS 197.085 is amended to read:
197.085. (1) The Land Conservation and Development Commission
shall appoint a person to serve as the Director of the Department
of Land Conservation and Development. The director shall hold the
office of the director at the pleasure of the commission and
{ + the Governor. + } The salary of the director shall be fixed
by the commission unless otherwise provided by law.
(2) In addition to salary, the director shall be reimbursed,
subject to any applicable law regulating travel and other
expenses of state officers and employees, for actual and
necessary expenses incurred by the director in the performance of
official duties.
SECTION 83. ORS 197.810 is amended to read:
197.810. (1) There is hereby created a Land Use Board of
Appeals consisting of not more than three positions. Board
members shall be appointed by the Governor subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565. The board shall consist of a board chairperson
chosen by the board members and such other board members as the
Governor considers necessary. The members of the board shall
serve terms of four years { + , but a member serves at the
pleasure of the Governor + }. A member is eligible for
reappointment. The salaries of the members shall be fixed by the
Governor unless otherwise provided for by law. The salary of a
member of the board shall not be reduced during the period of
service of the member.
{ - (2) The Governor may at any time remove any member of the
board for inefficiency, incompetence, neglect of duty,
malfeasance in office or unfitness to render effective service.
Before such removal the Governor shall give the member a copy of
the charges against the member and shall fix the time when the
member can be heard in defense against the charges, which shall
not be less than 10 days thereafter. The hearing shall be open to
the public and shall be conducted in the same manner as a
contested case under ORS chapter 183. The decision of the
Governor to remove a member of the board shall be subject to
judicial review in the same manner as provided for review of
contested cases under ORS 183.480 to 183.540. - }
{ - (3) - } { + (2) + } Board members appointed under
subsection (1) of this section shall be members in good standing
of the Oregon State Bar.
SECTION 84. ORS 306.135 is amended to read:
306.135. (1) The Department of Revenue shall develop a base map
system to facilitate and improve the administration of the ad
valorem property tax system.
(2) In developing the base map system, the department shall be
advised by an advisory committee that is hereby created and that
shall be known as the Oregon Land Information System Advisory
Committee. The advisory committee shall advise the department
concerning the administrative and public needs related to the
development of the base map system.
(3) The advisory committee shall consist of individuals
appointed to the committee by the Director of the Department of
Revenue. { + Members of the committee serve at the pleasure of
the director and the Governor. + }
SECTION 85. ORS 273.161 is amended to read:
273.161. (1) The State Land Board shall appoint a Director of
the Department of State Lands to serve for a term of four years,
subject to removal at the discretion of the board { + and the
Governor + }.
(2) The director shall receive such salary as is fixed by the
board. In addition to salary, subject to applicable law
regulating travel and other expenses of state officers, the
director shall be reimbursed for actual and necessary travel and
other expenses incurred in the performance of official duties.
(3) The salaries and other expenses of the director and
employees of the Department of State Lands shall be paid out of
revenues accruing to the Common School Fund.
SECTION 86. ORS 357.015 is amended to read:
357.015. The Trustees of the State Library shall be the
policy-making body for the State Library and shall:
(1) Appoint the State Librarian who shall be a graduate of a
library school accredited by the American Library Association or
who possesses the equivalent in training and experience and who
shall serve at the pleasure of the trustees { + and the
Governor + }. Except as otherwise provided by law, the trustees
shall fix the compensation of the State Librarian.
(2) Formulate general policies for the State Library and,
pursuant to ORS chapter 183, adopt rules for its operation.
(3) Review and approve budget requests for the State Library.
(4) Adopt long-range plans for the statewide development and
coordination of library service in consultation with libraries,
state and local governments and the people of this state.
(5) At the beginning of each odd-numbered year regular session
of the Legislative Assembly, advise the Governor and the
Legislative Assembly on new programs or legislation necessary for
effective library service for the people of this state.
(6) Have control of, use and administer the State Library
Donation Fund for the benefit of the State Library, except that
every gift, devise or bequest for a specific purpose shall be
administered according to its terms.
SECTION 87. ORS 409.462 is amended to read:
409.462. (1) The Department of Human Services through the
Oregon Lifespan Respite Care Program shall coordinate the
establishment of community lifespan respite care programs. The
program shall accept proposals to operate community lifespan
respite care programs, submitted in the form and manner required
by the program, from community-based private nonprofit,
for-profit or public agencies that provide respite care services.
According to criteria established by the Department of Human
Services, the Oregon Lifespan Respite Care Program shall
designate and fund agencies described in this section to operate
the community lifespan respite care programs.
(2) The Director of Human Services shall create the position of
administrator of the Oregon Lifespan Respite Care Program to
carry out the duties of the program. { + The administrator
serves at the pleasure of the director and the Governor. + }
(3) The Director of Human Services shall appoint an advisory
council to the Oregon Lifespan Respite Care Program. The council
shall be composed of respite care program managers, respite care
consumers, family members and other interested individuals and
shall meet no fewer than four times per year. { + Members of the
council serve at the pleasure of the director and the
Governor. + }
SECTION 88. ORS 471.705 is amended to read:
471.705. (1) There is created the Oregon Liquor Control
Commission, consisting of five persons appointed by the Governor.
One member shall be from among the bona fide residents of each
congressional district of the state. One member shall be from the
food and alcoholic beverage retail industry. Not more than three
commissioners shall be of the same political party and one shall
be designated by the Governor to be chairperson of the
commission. The commissioners are entitled to compensation and
expenses as provided in ORS 292.495. Each commissioner at the
time of appointment and qualification shall be a resident of this
state and shall have resided in this state for at least five
years next preceding appointment and qualification. The
commissioner shall be an elector therein and not less than 30
years of age. A commissioner shall cease to hold office if the
commissioner ceases to possess the residency or industry
qualification for appointment and the Governor shall appoint a
qualified individual to complete the unexpired term.
(2) The term of office of a commissioner shall be four years
from the time of appointment and qualification and until a
successor qualifies { + , but a commissioner serves at the
pleasure of the Governor + }. The terms of the commissioners
shall commence April 1. In case any commissioner is allowed to
hold over after the expiration of the term, the successor shall
be appointed for the balance of the unexpired term. Vacancies in
the commission shall be filled by the Governor for the unexpired
term. Each commissioner is eligible for reappointment but no
person shall be eligible to serve for more than two full terms.
(3) All appointments of commissioners by the Governor are
subject to confirmation by the Senate pursuant to section 4,
Article III, Oregon Constitution.
SECTION 89. ORS 471.710 is amended to read:
471.710. { - (1) The Governor may remove any commissioner for
inefficiency, neglect of duty, or misconduct in office, giving to
the commissioner a copy of the charges made and an opportunity of
being publicly heard in person or by counsel, in the
commissioner's own defense, upon not less than 10 days' notice.
If such commissioner is removed, the Governor shall file in the
office of the Secretary of State a complete statement of all
charges made against such commissioner, the findings thereon, and
a complete record of the proceedings. - }
{ - (2) - } { + (1) + } No person, other than the member
appointed in accordance with ORS 471.705 who is designated from
the food and alcoholic beverage retail industry, is eligible to
hold the office of commissioner, or to be employed by the Oregon
Liquor Control Commission if:
(a) The person has any financial interest in any business
licensed by the commission or in any business which manufactures
alcoholic beverages sold in Oregon;
(b) Anyone in the person's household or immediate family has a
financial interest described in paragraph (a) of this subsection;
(c) Anyone in the person's household or immediate family is
employed by a business licensed by the commission, unless the
person is not in a position to take action or make decisions
which could affect the licensed business; or
(d) The person or anyone in the person's household or immediate
family has a business connection with any business licensed by
the commission, unless the person is not in a position to take
action or make decisions which could affect the licensed
business.
{ - (3)(a) - } { + (2)(a) + } A retail sales agent
appointed by the commission, or a person in the household or
immediate family of a retail sales agent, may not have any
financial interest in or business connection with:
(A) A person or business that is licensed as a distillery;
(B) A person or business that holds a full on-premises sales
license; or
(C) A distillery whose products are sold in Oregon.
(b) Paragraph (a) of this subsection does not apply to a
distillery retail outlet agent appointed by the commission under
ORS 471.230.
{ - (4) - } { + (3) + } Nothing in this section prohibits a
person from having a financial interest resulting from
investments made by the Public Employees Retirement System or
through mutual funds, blind trusts or similar investments where
the person does not exercise control over the nature, amount or
timing of the investment.
{ - (5) - } { + (4) + } The commission by rule may
establish additional restrictions to prohibit potential conflicts
of interest. The commission by rule shall define 'immediate
family' and ' business connection' as used in this section.
SECTION 90. ORS 197.165 is amended to read:
197.165. For the purpose of promoting mutual understanding and
cooperation between the Land Conservation and Development
Commission and local government in the implementation of ORS
chapters 195, 196 and 197 and the goals, the commission shall
appoint a Local Officials Advisory Committee. The committee shall
be comprised of persons serving as city or county elected
officials and its membership shall reflect the city, county and
geographic diversity of the state. The committee shall advise and
assist the commission on its policies and programs affecting
local governments. { + Members of the committee serve at the
pleasure of the commission and the Governor. + }
SECTION 91. ORS 441.103 is amended to read:
441.103. (1) The office of the Long Term Care Ombudsman is
established. The Long Term Care Ombudsman shall function
separately and independently from any other state agency. The
Governor shall appoint the Long Term Care Ombudsman for a
four-year term from a list of three nominees nominated by the
Long Term Care Advisory Committee established under ORS 441.137.
Vacancies shall be filled within 60 days in the same manner as
appointments are made, subject to Senate confirmation under ORS
171.562 and 171.565.
(2) The Long Term Care Ombudsman { - may be removed for just
cause, upon recommendation to the Governor by the Long Term Care
Advisory Committee - } { + serves at the pleasure of the
Governor + }.
(3) The Long Term Care Ombudsman shall have background and
experience in the following areas:
(a) The field of aging;
(b) Health care;
(c) Working with community programs;
(d) Strong understanding of long term care issues, both
regulatory and policy;
(e) Working with health care providers;
(f) Working with and involvement in volunteer programs; and
(g) Administrative and managerial experience.
SECTION 92. ORS 830.135 is amended to read:
830.135. (1) The State Marine Board shall appoint a State
Marine Director who shall serve at the pleasure of the board { +
and the Governor + }.
(2) The director shall devote full time to the duties of the
office. With the approval of the board, the director shall:
(a) Administer the numbering, certificating, recording and
licensing duties of the board.
(b) Perform any other duties assigned by the board.
(c) Hire subordinate employees and fix their compensation.
SECTION 93. ORS 475.303 is amended to read:
475.303. (1) There is created the Advisory Committee on Medical
Marijuana in the Oregon Health Authority, consisting of 11
members appointed by the Director of the Oregon Health Authority.
{ + Members of the committee serve at the pleasure of the
director and the Governor. + }
(2) The director shall appoint members of the committee from
persons who possess registry identification cards, designated
primary caregivers of persons who possess registry identification
cards and advocates of the Oregon Medical Marijuana Act.
(3) The committee shall advise the director on the
administrative aspects of the Oregon Medical Marijuana Program,
review current and proposed administrative rules of the program
and provide annual input on the fee structure of the program.
(4) The committee shall meet at least four times per year, at
times and places specified by the director.
(5) The authority shall provide staff support to the committee.
(6) All agencies of state government, as defined in ORS
174.111, are directed to assist the committee in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish information and advice that the
members of the committee consider necessary to perform their
duties.
SECTION 94. ORS 735.610 is amended to read:
735.610. (1) There is created in the Oregon Health Authority
the Oregon Medical Insurance Pool Board. The board shall
establish the Oregon Medical Insurance Pool and otherwise carry
out the responsibilities of the board under ORS 735.600 to
735.650.
(2) The board shall consist of 10 individuals, eight of whom
shall be appointed by the Director of the Oregon Health
Authority. { + The members appointed by the director serve at
the pleasure of the director and the Governor. + } The Director
of the Department of Consumer and Business Services or the
director's designee and the Director of the Oregon Health
Authority or the director's designee shall be members of the
board. The chair of the board shall be elected from among the
members of the board. The board shall at all times, to the extent
possible, include at least one representative of a domestic
insurance company licensed to transact health insurance, one
representative of a domestic not-for-profit health care service
contractor, one representative of a health maintenance
organization, one representative of reinsurers and two members of
the general public who are not associated with the medical
profession, a hospital or an insurer. A majority of the voting
members of the board constitutes a quorum for the transaction of
business. An act by a majority of a quorum is an official act of
the board.
(3) The Director of the Oregon Health Authority may fill any
vacancy on the board by appointment.
(4) The board shall have the general powers and authority under
the laws of this state granted to insurance companies with a
certificate of authority to transact health insurance and the
specific authority to:
(a) Enter into such contracts as are necessary or proper to
carry out the provisions and purposes of ORS 735.600 to 735.650
including the authority to enter into contracts with similar
pools of other states for the joint performance of common
administrative functions, or with persons or other organizations
for the performance of administrative functions;
(b) Recover any assessments for, on behalf of, or against
insurers;
(c) Take such legal action as is necessary to avoid the payment
of improper claims against the pool or the coverage provided by
or through the pool;
(d) Establish appropriate rates, rate schedules, rate
adjustments, expense allowances, insurance producers' referral
fees, claim reserves or formulas and perform any other actuarial
function appropriate to the operation of the pool. Rates may not
be unreasonable in relation to the coverage provided, the risk
experience and expenses of providing the coverage. Rates and rate
schedules may be adjusted for appropriate risk factors such as
age and area variation in claim costs and shall take into
consideration appropriate risk factors in accordance with
established actuarial and underwriting practices;
(e) Issue policies of insurance in accordance with the
requirements of ORS 735.600 to 735.650;
(f) Appoint from among insurers appropriate actuarial and other
committees as necessary to provide technical assistance in the
operation of the pool, policy and other contract design, and any
other function within the authority of the board;
(g) Seek advances to effect the purposes of the pool; and
(h) Establish rules, conditions and procedures for reinsuring
risks under ORS 735.600 to 735.650.
(5) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
(6) The Director of the Oregon Health Authority shall adopt
rules, as provided under ORS chapter 183, implementing policies
recommended by the board for the purpose of carrying out ORS
735.600 to 735.650.
(7) In consultation with the board, the Director of the Oregon
Health Authority shall employ such staff and consultants as may
be necessary for the purpose of carrying out responsibilities
under ORS 735.600 to 735.650.
SECTION 95. ORS 146.035 is amended to read:
146.035. (1) There shall be established within the Department
of State Police the State Medical Examiner's office for the
purpose of directing and supporting the state death investigation
program. { + The State Medical Examiner serves at the pleasure
of the Superintendent of State Police and the Governor. + }
(2) The State Medical Examiner shall manage all aspects of the
State Medical Examiner's program.
(3) Subject to the State Personnel Relations Law, the State
Medical Examiner may employ or discharge other personnel of the
State Medical Examiner's office.
(4) The State Medical Examiner's office shall:
(a) File and maintain appropriate reports on all deaths
requiring investigation.
(b) Maintain an accurate list of all active district medical
examiners, assistant district medical examiners and designated
pathologists.
(c) Transmit monthly to the Department of Transportation a
report for the preceding calendar month of all information
obtained under ORS 146.113.
(5) Notwithstanding ORS 192.501 (35):
(a) Any parent, spouse, sibling, child or personal
representative of the deceased, or any person who may be
criminally or civilly liable for the death, or their authorized
representatives respectively, may examine and obtain copies of
any medical examiner's report, autopsy report or laboratory test
report ordered by a medical examiner under ORS 146.117.
(b) The system described in ORS 192.517 (1) shall have access
to reports described in this subsection as provided in ORS
192.517.
SECTION 96. ORS 430.050 is amended to read:
430.050. (1) The Director of the Oregon Health Authority, with
the approval of the Governor, shall appoint at least 15 but not
more than 20 members of a Mental Health Advisory Board, composed
of both lay and professionally trained individuals, qualified by
training or experience to study the problems of mental health and
make recommendations for the development of policies and
procedures with respect to the state mental health programs. The
membership shall provide balanced representation of program areas
and shall include persons who represent the interests of
children. At least four members of the board shall be persons
with disabilities who shall serve as the Disability Issues
Advisory Committee which is hereby established. The members of
the board shall serve for terms of four years { - and - }
{ + , but a member serves at the pleasure of the director and
the Governor. Members of the board + } are entitled to
compensation and expenses as provided in ORS 292.495. The
director may remove any member of the board for misconduct,
incapacity or neglect of duty.
(2) The Oregon Health Authority shall adopt rules specifying
the duties of the board. In addition to those duties assigned by
rule, the board shall assist the authority in planning and
preparation of administrative rules for the assumption of
responsibility for psychiatric care in state and community
hospitals by community mental health programs, in accordance with
ORS 430.630 (3)(e).
(3) The board shall meet at least once each quarter.
(4) The director may make provision for technical and clerical
assistance to the Mental Health Advisory Board and for the
expenses of such assistance.
(5) The Disability Issues Advisory Committee shall meet at
least once annually to make recommendations to the Mental Health
Advisory Board.
(6) As used in this section, 'person with a disability ' means
any person who:
(a) Has a physical or mental impairment which substantially
limits one or more major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
SECTION 97. ORS 634.600 is amended to read:
634.600. (1) There is created the Minor Crops Advisory
Committee in the State Department of Agriculture consisting of
six members appointed by the Director of Agriculture and the
coordinator of the Interregional Project Number 4 program at
Oregon State University who shall be a permanent member.
(2) The director, as far as practicable, shall make
appointments to the advisory committee so that the committee is
representative of all segments of agriculture.
(3) Each appointed member shall serve a term of three years
beginning July 1 of the year of appointment { + , but an
appointed member serves at the pleasure of the director and the
Governor + }. A member shall continue to serve until a successor
is appointed. Vacancies in office shall be filled by appointment
for the unexpired term.
(4) The committee shall meet at the call of the chairperson or
the director { - of Agriculture - } . A majority of the members
present at any meeting shall constitute a quorum, and a majority
vote of the quorum at any meeting shall constitute an official
act of the committee.
(5) At the first meeting after July 1 of each year, the
committee shall select a chairperson. The Dean of the College of
Agricultural Sciences of Oregon State University and the director
{ - of Agriculture - } , or their representatives, shall be ex
officio members without the right to vote.
(6) Members of the committee shall be eligible for compensation
and expenses as provided in ORS 292.495.
(7) The committee shall:
(a) Advise the department in the administration of ORS 634.016
to 634.042 as relates to minor crop use registrations;
(b) Cooperate with the United States Department of
Agriculture's Interregional Project Number 4 and the United
States Environmental Protection Agency in obtaining federal
registrations of pesticides for minor crop uses; and
(c) Maintain close contact between the department and
agricultural producers regarding the need for research to support
registration of pesticides for minor crops.
SECTION 98. ORS 273.573 is amended to read:
273.573. (1) To aid and advise the State Parks and Recreation
Director in the performance of the functions related to the
Natural Areas Program, the director may establish a natural areas
advisory committee.
(2) The advisory committee may assist the State Parks and
Recreation Department:
(a) In the development of policy for the Natural Areas Program
through the review and approval of the Oregon Natural Areas Plan;
(b) By reviewing nominations for registration and the voluntary
dedication of natural areas, and instruments of dedication for
such areas;
(c) In providing recommendations to the State Parks and
Recreation Commission, State Land Board, State Board of Forestry,
State Fish and Wildlife Commission, State Board of Higher
Education and Oregon Transportation Commission regarding areas
under their respective jurisdictions that are appropriate for
dedication; and
(d) In advising the State Parks and Recreation Commission in
the adoption of rules that may be considered necessary in
carrying out ORS 273.563 to 273.591.
(3) Members of the advisory committee are not entitled to
compensation, but in the discretion of the director may be
reimbursed from funds available to the department for actual and
necessary travel and other expenses incurred by them in the
performance of their official duties in the manner and amount
provided in ORS 292.495.
{ + (4) Members of the advisory committee serve at the
pleasure of the director and the Governor. + }
SECTION 99. ORS 685.145 is amended to read:
685.145. (1) The Council on Naturopathic Physicians Formulary
is established. The council consists of seven members appointed
as follows:
(a) One member of the Oregon Board of Naturopathic Medicine
appointed by the Oregon Board of Naturopathic Medicine;
(b) One physician licensed by the Oregon Board of Naturopathic
Medicine appointed by the Oregon Board of Naturopathic Medicine;
(c) Two pharmacists licensed by the State Board of Pharmacy
appointed by the State Board of Pharmacy;
(d) One physician licensed by the Oregon Medical Board
appointed by the Oregon Medical Board; and
(e) Two additional members appointed by the council who hold an
advanced degree in a medical or pharmaceutical science.
(2) The chair of the council shall be elected by a majority of
the members.
(3)(a) The council shall establish a formulary of drugs that
may be administered or prescribed by a naturopathic physician.
The council shall review the formulary periodically.
(b) A naturopathic physician may request that the council add a
drug to the formulary by submitting an application in a form
prescribed by the Oregon Board of Naturopathic Medicine. If the
council determines that the drug may be beneficial in the
practice of naturopathic medicine, the council may add the drug
to the formulary.
(c) Immediately upon adoption or revision of the formulary, the
council shall transmit the formulary to the board, which must
adopt the formulary by rule.
(d) A naturopathic physician may only administer or prescribe
drugs that are included in the formulary adopted by the board.
(4) The term of each member of the council is two years { + ,
but a member serves at the pleasure of the appointing authority
and the Governor + }. A member shall serve until a successor is
appointed. If a vacancy occurs, it shall be filled for the
unexpired term by a person with the same qualifications as a
retiring member.
(5) Any member of the council who fails to attend two
consecutive meetings of the council whether regular or special
shall forfeit office unless a member is prevented from attending
by serious illness of the council member or a member of the
council member's family.
(6) Members of the council are entitled to compensation and
expenses under ORS 292.495 payable from funds available to the
Oregon Board of Naturopathic Medicine.
SECTION 100. ORS 561.700 is amended to read:
561.700. (1) The New Crops Development Board is created within
the State Department of Agriculture. The board shall consist of
nine voting members appointed by the Director of Agriculture. In
addition to the voting members, the Director of the Oregon State
University Experiment Station or the designee of the director and
the Director of the Department of Environmental Quality or the
designee of the director shall be nonvoting ex officio members of
the board.
(2) The term of each voting member is four years, but a member
serves at the pleasure of the Director of Agriculture { + and
the Governor + }. Before the expiration of the term of a voting
member, the director shall appoint a successor. A voting member
is eligible for reappointment. If there is a vacancy for any
cause, the director shall make an appointment to become
immediately effective for the unexpired term.
(3) Each voting member of the board shall be a citizen of this
state and actively engaged in some segment of the agricultural
crop industry. As far as practicable, the Director of Agriculture
shall make appointments so that the various geographic areas of
the state and segments of the agricultural crop industry are
represented on the board.
(4) To the extent that moneys received pursuant to ORS 561.720
are available therefor in the Department of Agriculture Service
Fund, a member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
SECTION 101. ORS 571.025 is amended to read:
571.025. (1) In order that there may be the closest contact
between the State Department of Agriculture and the problems of
the nursery industry, there hereby is created a State Nursery
Research and Regulatory Committee which shall consist of seven
members appointed by the Director of Agriculture. The director,
as far as practicable, shall make appointments so that all
segments of the nursery industry are represented on the
committee.
(2) The term of each member shall be for three years, beginning
on July 1 of the year of appointment. { + Members of the
committee serve at the pleasure of the director and the
Governor. + } Vacancies in office shall be filled by appointment
for the unexpired term. At the first meeting after July 1 in each
year, the committee shall elect a chairperson.
(3) The functions of the committee shall be to advise and
counsel with the department in the administration of ORS 564.040,
564.991, 571.005 to 571.230 and 571.991 and review the nursery
inspection program.
(4) The committee shall meet at the call of the chairperson or
the director { - of the State Department of Agriculture - } . A
majority of the members present at any meeting shall constitute a
quorum, and a majority vote of the quorum at any meeting shall
constitute an official act of the committee.
SECTION 102. ORS 353.606 is amended to read:
353.606. (1) There is created the Oregon Nursing Shortage
Coalition Committee.
(2) The committee consists of 10 members, as follows:
(a) Two members who represent the Oregon State Board of Nursing
appointed by the board.
(b) Two members who represent the Northwest Organization of
Nurse Executives appointed by the Oregon State Board of Nursing
from a list of persons submitted to the board by the Northwest
Organization of Nurse Executives.
(c) Two members who represent the Oregon Nurses Association
appointed by the Oregon State Board of Nursing from a list of
persons submitted to the board by the Oregon Nurses Association.
(d) One member appointed by the Oregon State Board of Nursing
who represents Oregon-based, generally accredited, not-for-profit
private institutions of higher education from a list of persons
submitted to the board by the Oregon Independent Colleges
Association.
(e) Two members appointed by the Commissioner for Community
College Services from a list of persons submitted to the
commissioner by the Oregon Community College Association.
(f) One member who represents Oregon Health and Science
University appointed by the university.
(3) When appointing members to the committee, the Oregon State
Board of Nursing, the Commissioner for Community College Services
and Oregon Health and Science University shall ensure that there
is at least one member from each of the following areas of the
state:
(a) Rural western Oregon.
(b) Coastal Oregon.
(c) Eastern Oregon.
(d) Urban areas.
(4) The term of office of each member is four years, but a
member serves at the pleasure of the appointing authority { +
and the Governor + }. Before the expiration of the term of a
member, the appointing authority shall appoint a successor whose
term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the
appointing authority shall make an appointment to become
immediately effective for the unexpired term.
(5) The committee shall elect one of its members to serve as
chairperson and another to serve as vice chairperson, for the
terms and with the duties and powers necessary for the
performance of the functions of such offices as the committee
determines.
(6) The committee shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the committee.
(7) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(8) Members of the committee are entitled to actual and
necessary travel expenses in the manner and amounts provided for
in ORS 292.495. Claims for expenses incurred in performing
functions of the committee shall be paid out of funds received by
Oregon Health and Science University for that purpose.
(9) Oregon Health and Science University shall provide staff
support to the committee.
SECTION 103. ORS 656.709 is amended to read:
656.709. (1)(a) The Director of the Department of Consumer and
Business Services, with the concurrence of the Governor, shall
appoint an ombudsman for injured workers. The ombudsman is under
the supervision and control of the director { + . + } { - and,
with the concurrence of the Governor, - } The director { + or
the Governor + } may terminate the ombudsman.
(b) The ombudsman for injured workers shall:
(A) Act as an advocate for injured workers by accepting,
investigating and attempting to resolve complaints concerning
matters related to workers' compensation;
(B) Provide information to injured workers to enable them to
protect their rights in the workers' compensation system; and
(C) Report to the Governor in writing at least once each
quarter. A report shall include a summary of the services that
the ombudsman provided during the quarter and the ombudsman's
recommendations for improving ombudsman services and for
protecting workers' rights in the workers' compensation system.
(2)(a) The Director of the Department of Consumer and Business
Services, with the concurrence of the Governor, shall appoint an
ombudsman for small business. The ombudsman is under the
supervision and control of the director { + . + } { - and, with
the concurrence of the Governor, - } The director { + or the
Governor + } may terminate the ombudsman.
(b) The ombudsman for small business shall:
(A) Provide information and assistance to small businesses with
regard to workers' compensation insurance and claims processing
matters; and
(B) Report to the Governor in writing at least once each
quarter. A report shall include a summary of the services that
the ombudsman provided during the quarter and the ombudsman's
recommendations for improving ombudsman services and for
providing information and assistance to small businesses with
regard to workers' compensation insurance and claims processing
matters.
SECTION 104. ORS 683.240 is amended to read:
683.240. (1)(a) The Council on Optometric Nontopical Formulary
is established and shall consist of seven members appointed as
follows:
(A) One member of the Oregon Board of Optometry appointed by
the Oregon Board of Optometry;
(B) One member who is a pharmacist licensed by the State Board
of Pharmacy or a person with an advanced degree in pharmacology
or pharmacognosy appointed by the State Board of Pharmacy;
(C) One member of the Oregon Medical Board appointed by the
Oregon Medical Board;
(D) One member of the faculty of the Oregon Health and Science
University School of Medicine appointed by the Oregon Medical
Board;
(E) One member who is a physician licensed under ORS chapter
677 appointed by the Oregon Medical Board after consideration of
three qualified nominees provided by the Oregon Academy of
Ophthalmology;
(F) One member who is a practicing optometrist appointed by the
Oregon Board of Optometry after consideration of three qualified
nominees from the Oregon Optometric Physicians Association; and
(G) One member with a degree in optometry or ophthalmology who
is a member of the faculty at a college of optometry appointed by
the Oregon Board of Optometry.
(b)(A) The chair of the council shall be elected by a majority
of the members.
(B) The term of office of each member of the council shall be
two years { + , but a member serves at the pleasure of the
appointing authority and the Governor + }. A member shall serve
until a successor is appointed. If a vacancy occurs, it shall be
filled for the unexpired term by a person with the same
qualifications as the vacating member.
(C) Any member of the council who fails to attend two
consecutive meetings of the council, whether regular or special,
shall forfeit office unless the council member is prevented from
attending by serious illness of the member or of a member of the
council member's family.
(D) Meetings of the council shall be called at the request of
the chair or at the request of two or more members of the
council.
(E) Members of the council shall serve without compensation.
(2) After public hearings, the council shall determine the
substances to be included in the optometric nontopical formulary
that may be used by an optometrist under ORS 683.010 (3). The
council shall review the formulary periodically. Immediately upon
adoption or revision of the formulary, the council shall transmit
the approved formulary to the Oregon Board of Optometry. The
board shall adopt the formulary or a portion of the formulary. If
the council approves protocols for the use of a nontopical
pharmaceutical agent and the board adopts the portion of the
formulary listing that agent, the board must also adopt those
protocols. The board may not expand or add to the formulary
submitted for adoption in any manner.
SECTION 105. ORS 413.574 is amended to read:
413.574. (1) The Pain Management Commission shall consist of 19
members as follows:
(a) Seventeen members shall be appointed by the Director of the
Oregon Health Authority. Prior to making appointments, the
director shall request and consider recommendations from
individuals and public and private agencies and organizations
with experience or a demonstrated interest in pain management
issues, including but not limited to:
(A) Physicians licensed under ORS chapter 677 or organizations
representing physicians;
(B) Nurses licensed under ORS chapter 678 or organizations
representing nurses;
(C) Psychologists licensed under ORS 675.010 to 675.150 or
organizations representing psychologists;
(D) Physician assistants licensed under ORS chapter 677 or
organizations representing physician assistants;
(E) Chiropractic physicians licensed under ORS chapter 684 or
organizations representing chiropractic physicians;
(F) Naturopaths licensed under ORS chapter 685 or organizations
representing naturopaths;
(G) Clinical social workers licensed under ORS 675.530 or
organizations representing clinical social workers;
(H) Acupuncturists licensed under ORS 677.759;
(I) Pharmacists licensed under ORS chapter 689;
(J) Palliative care professionals or organizations representing
palliative care professionals;
(K) Mental health professionals or organizations representing
mental health professionals;
(L) Health care consumers or organizations representing health
care consumers;
(M) Hospitals and health plans or organizations representing
hospitals and health plans;
(N) Patients or advocacy groups representing patients;
(O) Dentists licensed under ORS chapter 679;
(P) Occupational therapists licensed under ORS 675.210 to
675.340;
(Q) Physical therapists licensed under ORS 688.010 to 688.201;
and
(R) Members of the public.
(b) Two members shall be members of a legislative committee
with jurisdiction over human services issues, one appointed by
the President of the Senate and one appointed by the Speaker of
the House of Representatives. Both members shall be nonvoting, ex
officio members of the commission.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the appointing authority.
{ + Voting members of the committee serve at the pleasure of the
director and the Governor. + } Before the expiration of the term
of a member, the appointing authority shall appoint a successor
whose term begins on July 1 next following. A member is eligible
for reappointment. If there is a vacancy for any cause, the
appointing authority shall make an appointment to become
immediately effective for the unexpired term.
(3) Members of the commission are not entitled to compensation
or reimbursement for expenses and serve as volunteers on the
commission.
SECTION 106. ORS 390.127 is amended to read:
390.127. (1) The State Parks and Recreation Commission shall
appoint as State Parks and Recreation Director an individual well
qualified by training and experience to serve for a term of four
years unless sooner removed by the commission { + or the
Governor + }.
(2) The director shall receive such salary as may be prescribed
by law. In addition to salary, subject to applicable law
regulating travel and expenses of state officers, the director
shall be reimbursed for actual and necessary travel and other
expenses incurred in the performance of official duties.
SECTION 107. ORS 144.005 is amended to read:
144.005. (1) A State Board of Parole and Post-Prison
Supervision of at least three but no more than five members
hereby is created. At least one member must be a woman.
(2) Members of the board shall be appointed by the Governor and
serve for a term of four years { + , but a member serves at the
pleasure of the Governor + }. If the number of members falls
below three for any cause, the Governor shall make an appointment
to become immediately effective for the unexpired term. { - The
Governor at any time may remove any member for inefficiency,
neglect of duty or malfeasance in office. - }
(3) Each member shall devote the member's entire time to the
performance of the duties imposed on the board and shall not
engage in any partisan political activity.
(4) The members shall receive a salary set by the Governor. In
addition, all members may receive actual and necessary travel and
other expenses incurred in the performance of their official
duties within limits as provided by law or under ORS 292.220 and
292.230.
(5) The Director of the Department of Corrections shall serve
as an ex officio nonvoting member of the board.
SECTION 108. ORS 442.835 is amended to read:
442.835. The Oregon Patient Safety Commission Board of
Directors shall appoint an administrator of the Oregon Patient
Safety Commission. Subject to the supervision of the board, the
administrator has authority to direct the affairs of the
commission. { + The administrator serves at the pleasure of the
board and the Governor. + } The administrator may not be a voting
member of the board.
SECTION 109. ORS 414.353 is amended to read:
414.353. (1) There is created an 11-member Pharmacy and
Therapeutics Committee responsible for advising the Oregon Health
Authority on the implementation of the retrospective and
prospective programs and on the Practitioner-Managed Prescription
Drug Plan.
(2) The Director of the Oregon Health Authority shall appoint
the members of the committee, who shall serve at the pleasure of
the director { + and the Governor + } for a term of three years.
An individual appointed to the committee may be reappointed upon
completion of the individual's term. The membership of the
committee shall be composed of the following:
(a) Five persons licensed as physicians and actively engaged in
the practice of medicine or osteopathic medicine in Oregon, who
may be from among persons recommended by organizations
representing physicians;
(b) Four persons licensed in and actively practicing pharmacy
in Oregon who may be from among persons recommended by
organizations representing pharmacists whether affiliated or
unaffiliated with any association; and
(c) Two persons who are not physicians or pharmacists.
(3) If the committee determines that it lacks current clinical
or treatment expertise with respect to a particular therapeutic
class, or at the request of an interested outside party, the
director shall appoint one or more medical experts otherwise
qualified as described in subsection (2)(a) of this section who
have such expertise. The medical experts shall have full voting
rights with respect to recommendations made under ORS 414.361 (3)
and (4). The medical experts may participate but may not vote in
any other activities of the committee.
(4) The director shall fill a vacancy on the committee by
appointing a new member to serve the remainder of the unexpired
term.
SECTION 110. ORS 689.165 is amended to read:
689.165. (1) The State Board of Pharmacy shall elect from its
members a president and vice president and such other officers as
it deems appropriate and necessary to the conduct of its
business. The President of the State Board of Pharmacy shall
preside at all meetings of the board and shall be responsible for
the performance of all of the duties and functions of the board
required or permitted by this chapter. If the president is absent
or unable to preside, the vice president shall preside. Each
additional officer elected by the board shall perform those
duties normally associated with their position and such other
duties assigned from time to time by the board.
(2) Officers elected by the board shall serve terms of one year
commencing with the day of their election, and ending upon
election of their successors and shall serve no more than one
consecutive full term in each office to which they are elected.
(3) The executive director of the board shall be responsible
for the performance of the regular administrative functions of
the board and such other duties as the board may direct. The
executive director shall not perform any discretionary or
decision-making functions for which the board is solely
responsible. { + The executive director serves at the pleasure
of the board and the Governor. + }
SECTION 111. ORS 677.540 is amended to read:
677.540. (1) There is created a Physician Assistant Committee,
which shall consist of five members. Members of the committee
shall be appointed as follows:
(a) The Oregon Medical Board shall appoint one of its members
and one physician. One of the two must supervise a physician
assistant.
(b) The Oregon Medical Board shall appoint three physician
assistants after considering persons nominated by the Oregon
Society of Physician Assistants.
(2) The term of each member of the committee shall be for three
years { + , but a member serves at the pleasure of the board and
the Governor + }. A member may not serve more than two
consecutive terms. A member shall serve until a successor is
appointed. If a vacancy occurs, it shall be filled for the
unexpired term by a person with the same qualifications as the
retiring member.
(3) If any vacancy under subsection (1) of this section is not
filled within 45 days, the Governor shall make the necessary
appointment from the category which is vacant.
(4) The committee shall elect its own chairperson with such
powers and duties as the committee shall fix.
(5) A quorum of the committee shall be three members. The
committee shall hold a meeting at least once quarterly and at
such other times the committee considers advisable to review
requests for prescription and dispensing privileges and to review
applications for licensure or renewal.
(6) The chairperson may call a special meeting of the Physician
Assistant Committee upon at least 10 days' notice in writing to
each member, to be held at any place designated by the
chairperson.
(7) The committee members are entitled to compensation and
expenses as provided for board members in ORS 677.235.
SECTION 112. ORS 442.800 is amended to read:
442.800. (1) The Advisory Committee on Physician Credentialing
Information is established within the Office for Oregon Health
Policy and Research. The committee consists of nine members
appointed by the Administrator of the Office for Oregon Health
Policy and Research as follows:
(a) Three members who are physicians licensed by the Oregon
Medical Board or representatives of physician organizations doing
business within the State of Oregon;
(b) Three representatives of hospitals licensed by the Oregon
Health Authority; and
(c) Three representatives of health care service contractors
that have been issued a certificate of authority to transact
health insurance in this state by the Department of Consumer and
Business Services.
(2) All members appointed pursuant to subsection (1) of this
section shall be knowledgeable about national standards relating
to physician credentialing.
(3) The term of appointment for each member of the committee is
three years { + , but a member serves at the pleasure of the
administrator and the Governor + }. If, during a member's term of
appointment, the member no longer qualifies to serve as
designated by the criteria of subsection (1) of this section, the
member must resign. If there is a vacancy for any cause, the
administrator shall make an appointment to become immediately
effective for the unexpired term.
(4) Members of the committee are not entitled to compensation
or reimbursement of expenses.
SECTION 113. ORS 127.675 is amended to read:
127.675. (1) There is established the Oregon POLST Registry
Advisory Committee to advise the Oregon Health Authority
regarding the implementation, operation and evaluation of the
POLST registry.
(2) The members of the Oregon POLST Registry Advisory Committee
shall be appointed by the Director of the Oregon Health Authority
and shall include, at a minimum:
(a) A health professional with extensive experience and
leadership in POLST issues;
(b) A physician who is a supervising physician, as defined in
ORS 682.025, for emergency medical services providers and who has
extensive experience and leadership in POLST issues;
(c) A representative from the hospital community with extensive
experience and leadership in POLST issues;
(d) A representative from the long term care community with
extensive experience and leadership in POLST issues;
(e) A representative from the hospice community with extensive
experience and leadership in POLST issues;
(f) An emergency medical services provider actively involved in
providing emergency medical services; and
(g) Two members of the public with active interest in
end-of-life treatment preferences, at least one of whom
represents the interests of minorities.
(3) The Director of the Emergency Medical Services and Trauma
Systems Program within the Oregon Health Authority, or a designee
of the director, shall serve as a voting ex officio member of the
committee.
(4) The Director of the Oregon Health Authority may appoint
additional members to the committee.
(5) The committee shall meet at least four times per year, at
times and places specified by the Director of the Oregon Health
Authority.
(6) The Oregon Health Authority shall provide staff support for
the committee.
(7) Except for the Director of the Emergency Medical Services
and Trauma Systems Program, a member of the committee shall serve
a term of two years. { + Appointed members of the committee
serve at the pleasure of the Director of the Oregon Health
Authority and the Governor. + } Before the expiration of the term
of a member, the Director { + of the Oregon Health Authority + }
shall appoint a successor whose term begins on January 2 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the Director of the Oregon Health
Authority shall make an appointment to become immediately
effective for the unexpired term.
(8) The Director of the Oregon Health Authority, or a designee
of the director, shall consult with the committee in drafting
rules on the implementation, operation and evaluation of the
POLST registry.
SECTION 114. ORS 757.834 is amended to read:
757.834. (1) Oregon Community Power shall be governed by a
board of seven directors appointed by the Governor using the
procedure set forth in this section.
(2)(a) Prior to making any appointment to the board, the
Governor shall consider the nominations of the Oregon Community
Power Board Nominating Committee.
(b) If the Governor reviews an initial slate of nominees made
by the nominating committee and determines not to appoint a
nominee, the Governor shall request that the nominating committee
forward a second slate of nominees. If the Governor determines
not to appoint a nominee from the second slate of nominees, the
Governor may appoint any individual the Governor determines meets
the qualifications of subsection (6) of this section.
(3) Notwithstanding the requirement that the Governor consider
the nominations of the nominating committee prior to making an
appointment, the Governor shall appoint an individual to be a
board member within 120 days following the vacancy of a position
on the board.
(4) Each appointment shall be subject to confirmation by the
Senate in the manner prescribed in ORS 171.562 and 171.565.
(5) The term of office for each board member shall be four
years. A board member may be nominated and appointed to
successive terms, but within 150 days prior to the expiration of
the term of the member, the board shall issue a proposed
direction to convene the nominating committee under ORS 757.830
for the purpose of nominating individuals to fill the board
position.
(6) A member of the board shall have significant experience or
expertise in one or more of the following areas:
(a) Business operations;
(b) Utility management;
(c) Legal or financial affairs;
(d) Regional energy issues; or
(e) Developing public policy.
(7) { - The Governor may remove any member of the board for
cause, after notice and public hearing - } { + Members of the
board serve at the pleasure of the Governor + }.
SECTION 115. ORS 431.978 is amended to read:
431.978. (1) The term of office of each member of the
Prescription Monitoring Program Advisory Commission is four
years, but a member serves at the pleasure of the Oregon Health
Authority { + and the Governor + }. Before the expiration of
the term of a member, the authority shall appoint a successor
whose term begins on July 1 next following. A member is eligible
for reappointment. If there is a vacancy for any cause, the
authority shall make an appointment to become immediately
effective.
(2) The commission shall elect one of its members to serve as
chairperson.
(3) The commission shall meet at least once annually at a time
and place specified by the chairperson of the commission. The
commission may meet at other times and places specified by the
call of the chairperson or of a majority of the members of the
commission.
(4) The commission may adopt rules necessary for the operation
of the commission.
(5) A majority of the members of the commission constitutes a
quorum for the transaction of business.
(6) Official action by the commission requires the approval of
a majority of the members of the commission.
(7) The authority shall provide staff support to the
commission.
(8) Members of the commission are not entitled to compensation,
but may be reimbursed for actual and necessary travel and other
expenses incurred by them in the performance of their official
duties in the manner and amounts provided for in ORS 292.495.
Claims for expenses incurred in performing functions of the
commission shall be paid out of funds appropriated to the
authority for that purpose.
(9) All agencies of state government, as defined in ORS
174.111, are directed to assist the commission in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the commission consider necessary to perform their
duties.
SECTION 116. ORS 161.385 is amended to read:
161.385. (1) There is hereby created a Psychiatric Security
Review Board consisting of 10 members appointed by the Governor
and subject to confirmation by the Senate under section 4,
Article III of the Oregon Constitution.
(2) The membership of the board may not include any district
attorney, deputy district attorney or public defender. The
Governor shall appoint:
(a) A psychiatrist experienced in the criminal justice system
and not otherwise employed on a full-time basis by the Oregon
Health Authority or a community mental health program;
(b) A licensed psychologist experienced in the criminal justice
system and not otherwise employed on a full-time basis by the
authority or a community mental health program;
(c) A member with substantial experience in the processes of
parole and probation;
(d) A lawyer with substantial experience in criminal trial
practice;
(e) A psychiatrist certified, or eligible to be certified, by
the Oregon Medical Board in child psychiatry who is experienced
in the juvenile justice system and not employed on a full-time
basis by the authority or a community mental health program;
(f) A licensed psychologist who is experienced in child
psychology and the juvenile justice system and not employed on a
full-time basis by the authority or a community mental health
program;
(g) A member with substantial experience in the processes of
juvenile parole and probation;
(h) A lawyer with substantial experience in juvenile law
practice; and
(i) Two members of the general public.
(3) The term of office of each member is four years { - . The
Governor at any time may remove any member for inefficiency,
neglect of duty or malfeasance in office - } { + , but a member
serves at the pleasure of the Governor + }. Before the expiration
of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible
for reappointment. If there is a vacancy for any cause, the
Governor shall make an appointment to become immediately
effective for the unexpired term.
(4) A member of the board not otherwise employed full-time by
the state shall be paid on a per diem basis an amount equal to
$289.22, adjusted according to the executive pay plan for the
biennium, for each day during which the member is engaged in the
performance of official duties, including necessary travel time.
In addition, subject to ORS 292.220 to 292.250 regulating travel
and other expenses of state officers and employees, the member
shall be reimbursed for actual and necessary travel and other
expenses incurred in the performance of official duties.
(5) Subject to any applicable provision of the State Personnel
Relations Law, the board may hire employees to aid it in
performing its duties.
(6) The board consists of two five-member panels. The adult
panel is responsible for persons placed under the board's
jurisdiction under ORS 161.315 to 161.351 and 419C.544 and
consists of those members appointed under subsection (2)(a) to
(d) of this section and one of the public members. The juvenile
panel is responsible for young persons placed under the board's
jurisdiction under ORS 419C.529 and consists of those members
appointed under subsection (2)(e) to (h) of this section and the
other public member.
(7)(a) Each panel shall select one of its members as
chairperson to serve for a one-year term with such duties and
powers as the panel determines.
(b) A majority of the voting members of a panel constitutes a
quorum for the transaction of business of the panel.
(8) Each panel shall meet at least twice every month, unless
the chairperson determines that there is not sufficient business
before the panel to warrant a meeting at the scheduled time. The
panel shall also meet at other times and places specified by the
call of the chairperson or of a majority of the members of the
panel.
SECTION 117. ORS 237.956 is amended to read:
237.956. The { + Public Employees Retirement + } Board shall
employ a director whose duties shall be as hereinafter provided.
All ministerial duties required in the administration of ORS
237.414 and 237.950 to 237.980 shall be performed by the director
and by employees under the direction of the director. The
director shall hold the position during the pleasure of the board
{ + and the Governor + } and shall furnish such bond as required
by the board. The board shall also designate an employee to
perform duties in the absence of the director.
SECTION 118. ORS 413.017 is amended to read:
413.017. (1) The Oregon Health Policy Board shall establish the
committees described in subsections (2) and (3) of this section.
(2)(a) The Public Health Benefit Purchasers Committee shall
include individuals who purchase health care for the following:
(A) The Public Employees' Benefit Board.
(B) The Oregon Educators Benefit Board.
(C) Trustees of the Public Employees Retirement System.
(D) A city government.
(E) A county government.
(F) A special district.
(G) Any private nonprofit organization that receives the
majority of its funding from the state and requests to
participate on the committee.
(b) The Public Health Benefit Purchasers Committee shall:
(A) Identify and make specific recommendations to achieve
uniformity across all public health benefit plan designs based on
the best available clinical evidence, recognized best practices
for health promotion and disease management, demonstrated
cost-effectiveness and shared demographics among the enrollees
within the pools covered by the benefit plans.
(B) Develop an action plan for ongoing collaboration to
implement the benefit design alignment described in subparagraph
(A) of this paragraph and shall leverage purchasing to achieve
benefit uniformity if practicable.
(C) Continuously review and report to the Oregon Health Policy
Board on the committee's progress in aligning benefits while
minimizing the cost shift to individual purchasers of insurance
without shifting costs to the private sector or the Oregon Health
Insurance Exchange.
(c) The Oregon Health Policy Board shall work with the Public
Health Benefit Purchasers Committee to identify uniform
provisions for state and local public contracts for health
benefit plans that achieve maximum quality and cost outcomes. The
board shall collaborate with the committee to develop steps to
implement joint contract provisions. The committee shall identify
a schedule for the implementation of contract changes. The
process for implementation of joint contract provisions must
include a review process to protect against unintended cost
shifts to enrollees or agencies.
(d) Proposals and plans developed in accordance with this
subsection shall be completed by October 1, 2010, and shall be
submitted to the Oregon Health Policy Board for its approval and
possible referral to the Legislative Assembly no later than
December 31, 2010.
(3)(a) The Health Care Workforce Committee shall include
individuals who have the collective expertise, knowledge and
experience in a broad range of health professions, health care
education and health care workforce development initiatives.
(b) The Health Care Workforce Committee shall coordinate
efforts to recruit and educate health care professionals and
retain a quality workforce to meet the demand that will be
created by the expansion in health care coverage, system
transformations and an increasingly diverse population.
(c) The Health Care Workforce Committee shall conduct an
inventory of all grants and other state resources available for
addressing the need to expand the health care workforce to meet
the needs of Oregonians for health care.
(4) { + Members of the committees described in subsections (2)
and (3) of this section serve at the pleasure of the Oregon
Health Policy Board and the Governor. + } Members of the
committees described in subsections (2) and (3) of this section
who are not members of the Oregon Health Policy Board are not
entitled to compensation but shall be reimbursed from funds
available to the board for actual and necessary travel and other
expenses incurred by them by their attendance at committee
meetings, in the manner and amount provided in ORS 292.495.
SECTION 119. ORS 181.620, as amended by section 3, chapter 29,
Oregon Laws 2012, is amended to read:
181.620. (1) The Governor shall appoint a Board on Public
Safety Standards and Training consisting of 24 members as
follows:
(a) Two members who are chiefs of police recommended to the
Governor by the Oregon Association Chiefs of Police;
(b) One member who is a sheriff recommended to the Governor by
the Oregon State Sheriffs' Association;
(c) One member who is a fire chief recommended to the Governor
by the Oregon Fire Chiefs Association;
(d) One member who is a representative of the fire service
recommended to the Governor by the Oregon Fire District Directors
Association;
(e) One member who is a member of the Oregon State Fire
Fighters Council recommended to the Governor by the executive
body of the council;
(f) One member who is a representative of corrections personnel
recommended to the Governor by the Oregon State Sheriffs'
Association;
(g) One member who is a representative of the fire service
recommended to the Governor by the Oregon Volunteer Firefighters
Association;
(h) One member who is a representative of public safety
telecommunicators;
(i) One member who is a district attorney recommended to the
Governor by the Oregon District Attorneys Association;
(j) One member who is the Superintendent of State Police;
(k) One member who is the Chief of the Portland Police Bureau;
(L) One member who is the State Fire Marshal;
(m) One member who is the Chief of the Portland Fire Bureau;
(n) One member who is the Director of the Department of
Corrections;
(o) One nonvoting member who is the Special Agent in Charge of
the Federal Bureau of Investigation for Oregon;
(p) One member who is an administrator of a municipality
recommended to the Governor by the executive body of the League
of Oregon Cities;
(q) Two members who are nonmanagement representatives of law
enforcement;
(r) One member who is a public member. A person appointed as a
public member under this section:
(A) May have no personal interest or occupational
responsibilities in the area of responsibility given to the
board; and
(B) Must represent the interests of the public in general;
(s) Two members recommended by and representing the private
security industry;
(t) One member who is a representative of the collective
bargaining unit that represents the largest number of individual
workers in the Department of Corrections; and
(u) One member who is a nonmanagement parole and probation
officer employed by a community corrections program.
(2) The term of office of a member is three years, { - and no
member may be removed from office except for cause - } { + but
a member who does not serve by virtue of office serves at the
pleasure of the Governor + }. Before the expiration of the term
of a member, the Governor shall appoint the member's successor to
assume the member's duties on July 1 next following. In case of a
vacancy for any cause, the Governor shall make an appointment,
effective immediately, for the unexpired term.
(3) Except for members who serve by virtue of office, no member
shall serve more than two terms. For purposes of this subsection,
a person appointed to fill a vacancy consisting of an unexpired
term of at least one and one-half years has served a full term.
(4) Appointments of members of the board by the Governor,
except for those members who serve by virtue of office, are
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565.
(5) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
SECTION 120. ORS 462.230 is amended to read:
462.230. (1) Vacancies in the office of { - commissioner - }
{ + a member of the Oregon Racing Commission + } shall be filled
by appointment to be made by the Governor for the unexpired term.
{ - (2) Any commissioner may be removed by the Governor for
cause after a public hearing. Notice of the hearing shall fix the
time and place for the hearing and shall specify the charges.
Copy of the notice shall be served on the commissioner by mailing
it to the commissioner at the last-known address of the
commissioner at least 10 days before the date fixed for the
hearing. - }
{ + (2) Members of the commission serve at the pleasure of
the Governor. + }
SECTION 121. ORS 453.645 is amended to read:
453.645. The Director of the Oregon Health Authority shall
appoint a Radiation Advisory Committee to advise the Oregon
Health Authority on matters relating to radiological health and
radiation protection. The committee shall consist of eight
persons who because of their training and experience are
qualified to advise the authority on such matters { + , + } and
they shall serve at the pleasure of the director { + and the
Governor + }. The members of the Radiation Advisory Committee are
entitled to compensation and expenses as provided in ORS 292.495.
SECTION 122. ORS 390.977 is amended to read:
390.977. (1) There is established an Oregon Recreation Trails
Advisory Council consisting of seven members, at least one from
each congressional district in the state. However, not less than
two of such members shall be from separate counties bordering
upon the ocean shore. Members of the council shall be appointed
by the State Parks and Recreation Commission and shall serve at
the pleasure of the commission { + and the Governor + } for
terms of four years. Before the expiration of the term of a
member, the commission shall appoint a successor. A member shall
be eligible for reappointment. If there is a vacancy for any
cause, the commission shall make an appointment to become
immediately effective for the unexpired term.
(2) The commission and the State Parks and Recreation
Department shall consult with the council from time to time with
respect to matters relating to Oregon recreation trails,
including the designation and establishment of Oregon recreation
trails, the selection of rights of way, the selection, erection
and maintenance of markers along the trail routes and the
administration of the trails.
(3) Members of the council shall serve without compensation,
but the department may pay expenses as provided in ORS 292.495.
(4) The council shall select one of its members as chairperson.
(5) A majority of the members of the council constitutes a
quorum for the transaction of business.
(6) The council shall meet at times and places specified by the
call of the chairperson or a majority of the members of the
council.
SECTION 123. ORS 418.941 is amended to read:
418.941. (1) In cooperation with refugee community resources,
the Department of Human Services shall establish a Refugee Child
Welfare Advisory Committee. { + Members of the committee serve
at the pleasure of the department and the Governor. + } The
department shall assist the committee in its required tasks.
(2) The committee shall:
(a) Assist in the review of the department's implementation of
ORS 418.925 to 418.945.
(b) Assist in the identification, development and certification
of foster family homes that meet the requirements of ORS 418.925
to 418.945 for the placement of refugee children. Special
emphasis shall be placed on locating refugee homes.
(c) Assist the department in developing training programs to
insure the availability of culturally sensitive social work.
(3) Notwithstanding the provisions of ORS 40.225 to 40.275,
412.074, 419A.255, 419B.035 and 419B.045, the committee shall
have access to any records of the juvenile court which are
pertinent to the care of an individual refugee child.
SECTION 124. ORS 432.020 is amended to read:
432.020. The Director of the Oregon Health Authority shall
appoint the State Registrar of the Center for Health Statistics
who shall qualify in accordance with standards of education and
experience as the director shall determine. { + The state
registrar serves at the pleasure of the director and the
Governor. + }
SECTION 125. ORS 465.420 is amended to read:
465.420. The Director of the Department of Environmental
Quality shall appoint a Remedial Action Advisory Committee in
order to advise the Department of Environmental Quality in the
development of rules for the implementation of ORS 465.200 to
465.545 and 465.900. { + Members of the committee serve at the
pleasure of the director and the Governor. + } The committee
shall be comprised of members representing at least the following
interests:
(1) Citizens;
(2) Local governments;
(3) Environmental organizations; and
(4) Industry.
SECTION 126. ORS 496.286 is amended to read:
496.286. (1) There is established within the State Department
of Fish and Wildlife the Restoration and Enhancement Board,
consisting of seven members appointed by the State Fish and
Wildlife Commission.
(2) Three members shall be appointed to represent the ocean and
inland recreational fisheries. In making appointments pursuant to
this subsection, the commission shall consider recommendations
from the State Fish and Wildlife Director.
(3) Three members of the board shall be appointed to represent
the commercial troll and gillnet fisheries and the fish
processing industry. In making appointments pursuant to this
subsection, the commission shall consider recommendations from
the State Fish and Wildlife Director.
(4) One member of the board shall be appointed to represent the
public.
(5) A member of the board shall receive no compensation for
services as a member. However, subject to any applicable law
regulating travel and other expenses of state officers and
employees, a member shall be reimbursed for actual and necessary
travel and other expenses incurred in the performance of official
duties from such moneys made available by sections 4, 6 and 8,
chapter 512, Oregon Laws 1989.
(6) The term of office of a member of the board is four
years { + , but a member serves at the pleasure of the commission
and the Governor + }. A member of the board is eligible for
reappointment.
(7) An official action of the board may be taken only upon the
affirmative vote of four members.
(8) The board shall select such officers for such terms and
with such duties and powers as the board considers necessary for
the performance of those offices.
(9) The board shall meet at such times and at such places as
may be determined by the chair or by the majority of the members
of the board.
SECTION 127. ORS 654.189 is amended to read:
654.189. (1) The Director of the Department of Consumer and
Business Services may appoint a Safe Employment Education and
Training Advisory Committee composed of seven members: Three
representing employees, three representing employers and one
representing the Department of Consumer and Business Services.
The committee shall elect its chairperson.
(2) The members of the committee shall be appointed for a term
of three years and shall serve at the pleasure of the
director { + and the Governor + }. Before the expiration of the
term of a member, the director shall appoint a successor. A
member is eligible for reappointment. If there is a vacancy for
any cause, the director shall make an appointment to become
immediately effective.
(3) The members shall serve without compensation, but shall be
entitled to travel expenses pursuant to ORS 292.495.
(4) The duties of the committee shall be determined by the
director and shall include, but not be limited to:
(a) Recommending to the director:
(A) Occupational Safety and Health Grant application procedures
and criteria for grant approval;
(B) Occupational Safety and Health Grant recipients; and
(C) Revocation of grants to recipients failing to comply with
grant criteria established by the director pursuant to ORS
654.191.
(b) Receiving and processing Occupational Safety and Health
Grant applications.
(5) The committee shall meet at least once every three months
at a place, day and hour determined by the committee. The
committee shall also meet at other times and places specified by
a majority of the members of the committee or the chairperson of
the committee. A majority of the members of the committee
constitutes a quorum for the transaction of business.
SECTION 128. ORS 404.100 is amended to read:
404.100. The Director of the Office of Emergency Management
shall appoint a Search and Rescue Coordinator { - to - }
{ + who serves at the pleasure of the director and the Governor.
The coordinator shall + }:
(1) Coordinate the search and rescue function of the Office of
Emergency Management;
(2) Coordinate the activities of state and federal agencies
involved in search and rescue;
(3) Establish liaison with the Oregon State Sheriffs'
Association and other public and private organizations and
agencies involved in search and rescue;
(4) Provide on-scene search and rescue coordination when
requested by an authorized person;
(5) Coordinate and process requests for the use of volunteers
and equipment;
(6) Assist in developing training and outdoor education
programs;
(7) Gather statistics in search and rescue operations; and
(8) Gather and disseminate resource information of personnel,
equipment and materials available for search and rescue.
SECTION 129. ORS 470.070 is amended to read:
470.070. (1) The Director of the State Department of Energy
shall appoint a Small Scale Local Energy Project Advisory
Committee to review applications made under ORS 470.060 and rules
adopted under ORS 470.080, other than applications for energy
efficiency and sustainable technology loans, and make
recommendations regarding those applications to the director.
(2) Nine members shall be appointed to the Small Scale Local
Energy Project Advisory Committee. Each member shall be appointed
to serve a four-year term, commencing on the date of appointment,
and until a successor is appointed and qualified. { + Members of
the committee serve at the pleasure of the director and the
Governor. + } The members shall represent the interest of the
citizens of this state and shall be knowledgeable in the areas of
small scale energy technology, natural resource development,
environmental protection, finance, agriculture, local government
operations and utility operations. At least three members shall
reside outside the Willamette Valley.
(3) The committee shall elect its own presiding officer, adopt
rules for its procedure and meet on call of the presiding officer
or a majority of the members. A majority of the members shall
constitute a quorum to do business. The director shall provide
administrative facilities and services for the committee.
(4) Members of the Small Scale Local Energy Project Advisory
Committee shall be entitled to expenses as provided by ORS
292.495.
SECTION 130. ORS 561.395 is amended to read:
561.395. (1) In order that there may be the closest contact
between the State Department of Agriculture and the various soil
and water conservation districts in the state, and in order to
keep the department advised as to matters of soil and water
conservation in the state, there is created a Soil and Water
Conservation Commission { + , + } which shall consist of seven
members appointed by the Director of Agriculture.
(2) Each member shall be a citizen of this state and a director
of a soil and water conservation district at the time of
appointment. As far as practicable, the Director of Agriculture
shall make appointments so that geographic areas of the state are
represented on the commission. The term of each member shall be
four years { + , but a member serves at the pleasure of the
director and the Governor + }. A member shall continue to serve
until a successor is appointed and qualified. Vacancies in office
shall be filled by appointment for the unexpired term.
(3) The members shall be entitled to compensation as provided
in ORS 292.495. At the first meeting after July 1 of each year
the commission shall select a chairperson. The commission shall
meet at least four times each year on a quarterly basis, and
otherwise at the call of the chairperson or the Director of
Agriculture. A majority of the members shall constitute a quorum,
and a majority vote of the quorum at any meeting shall constitute
an official act of the commission.
(4) Any member of the commission who fails to attend three
consecutive meetings of the commission, whether regular,
adjourned or special, shall forfeit the office unless the member
is prevented from attending by the serious illness of the member
or the member's family or for any other cause that in the
judgment of the director constitutes a valid reason for failing
to attend. The director shall immediately appoint a successor.
(5) The function of the commission is to advise and develop
policy with the department in the administration of its duties
and powers under ORS 561.400, 568.210 to 568.808 and 568.900 to
568.933.
SECTION 131. ORS 181.200 is amended to read:
181.200. The Superintendent of State Police shall be the
executive and administrative head of the Department of State
Police. Subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565, the Governor shall appoint
the superintendent for a term of four years { - . The Governor
may remove the superintendent for inefficiency or malfeasance in
office after charges have been preferred and a hearing
granted. - } { + , but the superintendent serves at the pleasure
of the Governor. + }
SECTION 132. ORS 181.220 is amended to read:
181.220. (1) The Superintendent of State Police may, with the
approval of the Governor as to person and salary, appoint a
Deputy Superintendent of State Police. { + The deputy
superintendent serves at the pleasure of the superintendent and
the Governor. + }
(2) The deputy superintendent must have served as a captain or
in higher rank in the Oregon State Police not less than one year
prior to appointment as deputy superintendent.
SECTION 133. ORS 284.107 is amended to read:
284.107. (1) There is established an Oregon Tourism Commission
consisting of nine members appointed by the Governor. Members of
the commission are appointed to perform the duties of the
commission as provided by law. Members are subject to
confirmation by the Senate pursuant to section 4, Article III of
the Oregon Constitution.
(2) In appointing members of the commission under subsection
(1) of this section, the Governor shall:
(a) Appoint members representing the state's various regions
and areas of tourism activity.
(b) Appoint three members drawn from travel agencies, tour
operators, private transportation, restaurants or businesses or
organizations engaged in tourism promotion for cities or
counties, cultural attractions, historic attractions, ski
facilities or related recreational industries. At least 30 days
prior to the expiration of the term of a member appointed under
this paragraph, the Tourism Industry Council of Oregon may
recommend to the Governor one or more tourism industry
representatives for the Governor's consideration in filling the
vacancy.
(c) Appoint at least one member to represent the public at
large.
(d) Appoint five members drawn from the lodging industry. For
purposes of this paragraph, the lodging industry consists of
hotels, motels, resorts, bed and breakfast facilities, inns,
recreational vehicle parks, campgrounds and guest ranches. At
least 30 days prior to the expiration of the term of a member
appointed under this paragraph, a statewide organization
representing the lodging industry may recommend to the Governor
one or more lodging industry representatives for the Governor's
consideration in filling the vacancy.
(3) A member of the commission shall be appointed for a term of
four years that begins on July 1 { + , but a member serves at the
pleasure of the Governor + }. A member shall hold office for the
term of the appointment and after the end of the term until a
successor is appointed and qualified. Before the expiration of
the term of a member, the Governor shall strive to appoint a
successor. A member is eligible for one reappointment except that
a member appointed to fill a vacancy for a partial term may be
reappointed to fill a total of two full terms in addition to the
partial term. If there is a vacancy for any cause, the Governor
shall make an appointment to become effective immediately for the
unexpired term.
(4) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495.
(5) The commission shall select one of its members to chair the
commission and shall select another member to serve as vice
chair, for such terms and with duties and powers necessary to
perform the functions of the offices as the commission
determines.
(6) A majority of the members of the commission constitutes a
quorum for the transaction of business.
{ - (7) The Governor may remove a member of the commission
for cause as provided in ORS 182.010 or 236.010. - }
SECTION 134. ORS 284.142 is amended to read:
284.142. (1) The Oregon Tourism Commission shall appoint an
executive director. The appointment shall be subject to the
approval of the Governor. The executive director shall serve at
the pleasure of the members of the commission { + and the
Governor + }.
(2) The commission shall set the compensation of the executive
director.
(3) The executive director shall direct all administrative
functions of the commission. The executive director may appoint
all subordinate officers and employees of the commission and may
prescribe their duties and set their compensation.
(4) Except as provided in subsection (5) of this section, the
commission may delegate to the executive director any duty,
function or power conferred or imposed on the commission and the
executive director may delegate to any subordinate officer or
employee of the commission any duty, function or power conferred,
imposed on or delegated to the executive director.
(5) The commission may not delegate to the executive director
the power to:
(a) Approve the comprehensive marketing plan described in ORS
284.111;
(b) Approve the biennial budget required under ORS 284.126; or
(c) Appoint and set the compensation of the executive director.
SECTION 135. ORS 427.205 is amended to read:
427.205. (1) The Director of Human Services shall appoint a
State Training Center Review Board composed of three members. The
Arc of Oregon, the Fairview Parents Association and the Oregon
Council on Developmental Disabilities or their successor
organizations may each recommend three persons to the director.
The director may select one person from each list to serve as a
member of the board. Each board member shall have had at least
five years of involvement and active interest in programs for
persons with intellectual disabilities. A board member may not be
an employee of the Department of Human Services.
(2) The term of office of each member is two years. The
director may remove any member for misconduct or neglect of
duty { + , and the Governor may remove any member at the
Governor's discretion + }. Replacement of board members shall be
accomplished by the same procedure as that used in subsection (1)
of this section for selection. The director shall request a new
list of three persons from the organization whose nominee for
board member is to be replaced.
(3) A member of the board not otherwise employed full-time by
the state shall be paid on a per diem basis an amount equal to
four percent of the gross monthly salary of a member of the State
Board of Parole and Post-Prison Supervision for each day during
which the member is engaged in the performance of official
duties, including necessary travel time. In addition, subject to
ORS 292.220 to 292.250 regulating travel and other expenses of
state officers and employees, the member shall be reimbursed for
actual and necessary travel and other expenses incurred by the
member in the performance of official duties.
(4) The board shall perform the following duties:
(a) Review decisions of the Developmental Disability Diagnosis
and Evaluation Service regarding admissions to state training
centers that have been appealed by the applicant or, if a minor
or incapacitated person, by the person applying on the behalf of
the minor or incapacitated person and advise the director
regarding the appropriateness for the admission.
(b) Review decisions of the department pursuant to ORS 427.300
(2) when the resident, parent of the resident, guardian or person
entitled to custody has appealed the decision and advised the
director regarding the appropriateness of the decision.
(c) Annually review state training center plans for continuing
residential care and training of residents pursuant to ORS
427.020.
(5) The board shall operate pursuant to rules adopted by the
department.
SECTION 136. ORS 596.210 is amended to read:
596.210. (1) There hereby is created within the State
Department of Agriculture the office of State Veterinarian of the
State of Oregon. The State Veterinarian shall be appointed by the
Director of Agriculture. { + The State Veterinarian serves at
the pleasure of the director and the Governor. + } The State
Veterinarian shall be the chief livestock sanitary official of
the state. The department may also employ such assistant state
veterinarians as may be necessary to carry out its functions.
(2) The State Veterinarian and all assistant veterinarians
employed by the department shall be graduates of a school of
veterinary medicine accredited or approved by the Oregon State
Veterinary Medical Examining Board.
SECTION 137. ORS 458.563 is amended to read:
458.563. (1) The Oregon Volunteers Commission for Voluntary
Action and Service shall appoint a director to serve at the
pleasure of the commission { + and the Governor + }. The
director must have experience and education in public
administration or nonprofit management.
(2) The designation of the director must be by written order,
filed with the Secretary of State.
(3) Subject to any applicable provisions of the State Personnel
Relations Law, the director shall appoint all subordinate
officers and employees of the commission, prescribe their duties
and fix their compensation.
(4) The director of the commission shall report to, and comply
with the directions of, the Director of the Housing and Community
Services Department in the development and administration of
nonpolicymaking activities, including but not limited to rules
and other directions for commission personnel, fiscal practices
and purchasing of commission supplies.
SECTION 138. ORS 569.600 is amended to read:
569.600. (1) The State Weed Board is created in the State
Department of Agriculture. The board shall consist of seven
members appointed by the Director of Agriculture as follows:
(a) At least two members shall be residents of that portion of
the state east of the summit of the Cascade Mountains.
(b) At least two members shall be residents of that portion of
the state west of the summit of the Cascade Mountains.
(c) Two members shall be selected from among those individuals
recommended by the Association of Oregon Counties.
(d) The director or a designee of the director shall serve as a
member.
(2) The term of each member is four years, but a member serves
at the pleasure of the director { + and the Governor + }. Before
the expiration of the term of a member, the director shall
appoint a successor. A member is eligible for reappointment. If
there is a vacancy for any cause, the director shall make an
appointment to become immediately effective for the unexpired
term.
(3) As used in subsection (1) of this section, 'summit of the
Cascade Mountains' means a line beginning at the intersection of
the northern boundary of the State of Oregon and the western
boundary of Hood River County; thence southerly along the western
boundaries of Hood River, Jefferson, Deschutes and Klamath
Counties to the southern boundary of the State of Oregon.
SECTION 139. ORS 578.030 is amended to read:
578.030. (1) There hereby is created the Oregon Wheat
Commission. The Director of Agriculture shall appoint not fewer
than six and not more than eight voting commission members for
terms of four years. Except as provided in ORS 578.216, one
member appointed by the director must be a member of the
public. { + A member serves at the pleasure of the director and
the Governor. + }
(2) The commission, by a rule approved by a majority of the
nonpublic members appointed under subsection (1) of this section,
may create not more than two additional voting member positions
on the commission. A person appointed to a commission position
created under this subsection must be a representative of the
wheat industry. The director shall appoint members to any
positions created under this subsection for a term of two years.
A person may not serve a total of more than four terms as a
member appointed under this subsection. Notwithstanding any term
of appointment, a member position created under this section may
be eliminated by a rule approved by a majority of the nonpublic
board members appointed under subsection (1) of this section.
(3) In making appointments of voting members to the commission
the director:
(a) Shall make all applications by qualified persons available
to wheat grower organizations for review and ranking; and
(b) Prior to making appointments, shall take into consideration
rankings and any recommendations made by wheat grower
organizations.
(4) The director, or a duly authorized representative of the
director, and the Dean of the College of Agricultural Sciences of
Oregon State University, or a duly authorized representative of
the dean, shall be nonvoting members of the commission.
SECTION 140. ORS 802.350 is amended to read:
802.350. (1) The Winter Recreation Advisory Committee is
created to perform the functions described for the committee
under ORS 810.170.
(2) The committee created under this section shall consist of
seven members appointed by the Oregon Transportation Commission
as follows:
(a) Two persons representing ski area operators;
(b) One member representing the Oregon Nordic Club;
(c) One person representing the Pacific Northwest Ski
Association;
(d) One member representing the Oregon State Snowmobile
Association; and
(e) Two members from the general public interested in winter
recreation in this state.
(3) Members of the committee established under this section
shall not receive compensation for their service on the
committee.
(4) The members shall be appointed to serve for terms of four
years { + , but a member serves at the pleasure of the commission
and the Governor + }. Vacancies on the committee shall be filled
by appointment by the commission for the unexpired term.
(5) The committee shall meet regularly four times a year at
times and places fixed by the chair of the committee. The
committee may meet at other times specified by the chair or a
majority of the members of the committee.
(6) The Department of Transportation shall provide assistance
and space for meetings as requested by the chair of the
committee.
(7) The committee shall adopt rules to govern its proceedings
and shall select a chair and any other officers it considers
necessary.
(8) Members of the advisory committee shall be entitled to
actual and necessary expenses as provided by ORS 292.495 (2).
SECTION 141. ORS 656.712 is amended to read:
656.712. (1) The Workers' Compensation Board, composed of five
members appointed by the Governor, is created within the
Department of Consumer and Business Services. Not more than three
members shall belong to one political party and inasmuch as the
duties to be performed by the members vitally concern the
employers, the employees, as well as the whole people, of the
state, persons shall be appointed as members who fairly represent
the interests of all concerned. All board members shall
impartially apply the law in each case and shall not represent
any special interest. However, at least two members shall be
selected from among persons with background and understanding as
to the concerns of employers and at least two members of the
board shall be selected from among persons with background and
understanding as to the concerns of employees. One member shall
represent the interests of the public and shall serve as the
board chairperson.
(2) A member of the board shall be appointed for a term of four
years from the date of appointment and qualification. Each member
shall hold office until a successor is appointed and qualified.
However, all board members serve at the pleasure of the Governor
{ - and may be removed in accordance with the provisions of ORS
656.714 - } .
(3) Any vacancy on the board shall be filled by appointment by
the Governor.
(4) All appointments of members of the board by the Governor
are subject to confirmation by the Senate pursuant to section 4,
Article III of the Oregon Constitution.
SECTION 142. ORS 656.718 is amended to read:
656.718. (1) The board chairperson shall supervise and manage
the Workers' Compensation Board and the Hearings Division. The
chairperson serves at the pleasure of the Governor { - and may
be removed in accordance with the provisions of ORS 656.714 - } .
(2) A majority of the board's members shall constitute a quorum
to transact the board's business. No vacancy shall impair the
right of the remaining members to exercise all the powers of the
board.
(3)(a) In exercise of authority to decide individual cases,
members of the board may sit together or in panels.
(b) When sitting en banc, the concurrence of a majority of the
members participating is necessary for a decision.
(c) A panel must consist of two members with different
backgrounds and understanding. One of the members of a panel may
be the board member that represents the interests of the public
if either a member with background and understanding as to the
concerns of employers or a member with background and
understanding as to the concerns of employees is unavailable. If
the members of a panel cannot agree on a decision in an
individual case, the case shall be decided by a panel of three
members, two of whom have different backgrounds and understanding
and one who represents the interests of the public.
(d) A board member may not review any case in which the member
acted as an Administrative Law Judge in the case.
SECTION 143. { + ORS 656.714 is repealed. + }
SECTION 144. ORS 406.500 is amended to read:
406.500. (1) The World War II Memorial Task Force is
established. The Director of Veterans' Affairs shall be one of
the cochairpersons of the task force. The director shall appoint
another cochairperson of the task force, and the cochairpersons
may appoint other members at their discretion. { + Members of
the task force serve at the pleasure of the Governor. + }
(2) The task force shall:
(a) Solicit private funding for the development, design and
construction of a memorial to honor Oregon's World War II
veterans;
(b) After arranging for full funding for the memorial under
paragraph (a) of this subsection, arrange for the development,
design and construction of the memorial in the Capitol Mall area
near the corner of Court Street and Cottage Street in the City of
Salem, Marion County, Oregon; and
(c) Seek the input of World War II veterans, as appropriate.
(3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(4) Official action by the task force requires the approval of
a majority of the members of the task force.
(5) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(6) The task force shall meet at times and places specified by
the call of one of the cochairpersons or of a majority of the
members of the task force.
(7) The task force may adopt rules necessary for the operation
of the task force.
(8) Members of the task force are not entitled to compensation
or reimbursement for expenses and serve as volunteers on the task
force.
(9) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties.
SECTION 145. ORS 418.704 is amended to read:
418.704. There is established a Youth Suicide Prevention
Coordinator within the Oregon Health Authority. { + The
coordinator serves at the pleasure of the authority and the
Governor. + } The coordinator shall:
(1) Facilitate the development of a statewide strategic plan to
address youth suicide;
(2) Improve outreach to special populations of youth that are
at risk for suicide; and
(3) Provide technical assistance to state and local partners
and coordinate interagency efforts to establish prevention and
intervention strategies.
SECTION 146. ORS 240.065 is amended to read:
240.065. (1) The members of the Employment Relations Board
shall be appointed by the Governor for a term of four years { + ,
and a member serves at the pleasure of the Governor + }.
(2) Each member shall be appointed for a term ending four years
from the date of the expiration of the term for which the
predecessor of the member was appointed, except that a person
appointed to fill a vacancy occurring prior to the expiration of
such term shall be appointed for the remainder of the term.
Appointments to the board by the Governor are subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565.
SECTION 147. { + ORS 240.075 is repealed. + }
SECTION 148. ORS 284.325 is amended to read:
284.325. The Oregon Film and Video Office shall be under the
administrative control of a director, who is appointed by and who
holds office at the pleasure of the Film and Video Board { + and
the Governor + }. The board shall set the compensation of the
director. The director of the office may appoint all subordinate
officers and employees of the office and may prescribe their
duties and fix their compensation. The director of the office may
delegate to any subordinate officer or employee any
administrative duty, function or power imposed upon the office by
law.
SECTION 149. ORS 294.610 is amended to read:
294.610. (1) A tax supervising and conservation commission
shall consist of five members appointed by the Governor. The
commissioners appointed shall be citizens of the United States
and of Oregon and residents in the county for which they are
appointed and shall be electors therein. The commissioners shall
serve wholly without compensation.
(2) Unless sooner removed by the Governor, as provided in this
section, the commissioners shall hold office for a term of four
years and until their successors are appointed and qualified.
The term of office of the members of the commission shall
commence on January 1.
{ - (3) The Governor may, for good and sufficient cause,
remove any commissioner at any time and appoint a successor. - }
{ + (3) The commissioners serve at the pleasure of the
Governor. + }
(4) In case of death, resignation or inability of any member of
the commission to serve, or of removal of any member of the
commission from office, the Governor shall make an appointment to
fill the balance of the unexpired term of that commissioner.
SECTION 150. ORS 359.135 is amended to read:
359.135. (1) The Director of the Oregon Business Development
Department, upon consultation with and the approval of the Oregon
Arts Commission, shall appoint an administrator of the Arts
Program who shall serve at the pleasure of the director { + and
the Governor + }.
(2) The administrator shall receive such salary as may be
provided by law or as fixed by the director.
(3) The administrator shall be the administrative head of the
program.
(4) The administrator may suggest rules to the director for the
government of the program, the conduct of its employees and the
assignment and performance of its business and the custody, use
and preservation of its records, papers and property.
SECTION 151. ORS 418.005 is amended to read:
418.005. (1) In order to establish, extend and strengthen
welfare services for the protection and care of homeless,
dependent or neglected children or children in danger of becoming
delinquent, the Department of Human Services may:
(a) Make all necessary rules and regulations for administering
child welfare services under this section.
(b) Accept and disburse any and all federal funds made
available to the State of Oregon for child welfare services.
(c) Make such reports in such form and containing such
information as may from time to time be required by the federal
government and comply with such provisions as may from time to
time be found necessary to insure correctness and verification of
such reports.
(d) Cooperate with medical, health, nursing and welfare groups
and organizations and with any agencies in the state providing
for protection and care of homeless, dependent or neglected
children or children in danger of becoming delinquent.
(e) Cooperate with the United States Government or any of its
agencies in administering the provisions of this section.
(2)(a) There is created an advisory committee that shall
consist of 21 members to advise the department on the development
and administration of child welfare policies, programs and
practices. Members shall be appointed by and serve at the
pleasure of the Director of Human Services { + and the
Governor + }.
(b) Advisory committee membership shall include representatives
of other state agencies concerned with services, representatives
of professional, civic or other public or private organizations,
private citizens interested in service programs, and recipients
of assistance or service or their representatives.
(c) Members of the advisory committee shall receive no
compensation for their services. Members of the advisory
committee other than members employed in full-time public service
shall be reimbursed for their actual and necessary expenses
incurred in the performance of their duties by the department.
Such reimbursements shall be subject to the provisions of ORS
292.210 to 292.288. Members of the advisory committee who are
employed in full-time public service may be reimbursed for their
actual and necessary expenses incurred in the performance of
their duties by their employing agency.
(d) The advisory committee shall meet at least once every three
months.
(3) Subject to the allotment system provided for in ORS 291.234
to 291.260, the department may expend the amounts necessary to
carry out the purposes and administer the provisions of this
section.
SECTION 152. ORS 455.144 is amended to read:
455.144. (1) The Building Codes Structures Board, the
Electrical and Elevator Board, the Residential and Manufactured
Structures Board and the Mechanical Board shall each be organized
and governed as described in this section.
(2)(a) The term of office of each member is four years and a
member is not eligible for appointment to more than two full
terms of office. The Governor shall appoint the members of each
board and the board members shall serve at the pleasure of the
Governor.
(b) Before the expiration of the term of a member, the Governor
shall appoint a successor whose term begins on July 1 next
following. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the
unexpired term.
(3) A member of each board is entitled to compensation and
expenses as provided in ORS 292.495.
(4) A board 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 such
position as the board determines.
(5) A majority of the members of a board constitutes a quorum
for the transaction of business.
(6) In accordance with applicable provisions of ORS chapter
183, the director may adopt rules necessary for the
administration of the laws that the Department of Consumer and
Business Services is charged with administering.
{ - (7) The Governor may remove a board member for good
cause. ' Good cause' for removal of a member includes, but is
not limited to, three unexcused absences during any 12-month
period from a regularly scheduled board meeting. - }
{ - (8) - } { + (7) + } The appointment of a member of a
board is subject to confirmation by the Senate pursuant to
section 4, Article III of the Oregon Constitution.
SECTION 153. ORS 469.820 is amended to read:
469.820. (1) Each Pacific Northwest Electric Power and
Conservation Planning Council member shall serve a term ending
January 15 of the third year following appointment. A council
member { - , except upon removal as provided in ORS 469.830
(2), - } continues to serve as a member of the council until a
successor is appointed and confirmed. { + A council member
serves at the pleasure of the Governor. + }
(2) A council member is eligible for reappointment, subject to
Senate confirmation, but no member shall serve more than three
consecutive terms. A council member who serves 18 months or more
of a term shall be considered to have served a full term.
However, with respect to the initial term consisting of two
years, a council member who serves 12 months or more shall be
considered to have served a full term.
(3) Within 30 days of the creation of a vacancy in the position
of a council member, the Governor shall appoint a person to serve
the succeeding term or the remainder of the unexpired term.
However, the Governor need not appoint a person to serve the
remainder of the unexpired term if the vacancy occurs within 30
days or less of the expiration of the term.
SECTION 154. { + ORS 469.830 is repealed. + }
SECTION 155. ORS 471.720 is amended to read:
471.720. The Oregon Liquor Control Commission shall appoint an
administrator who shall serve at { - its - } { + the + }
discretion { + of the commission and the Governor + }. The
administrator shall be subject to policy direction by the
commissioners, and shall be the secretary of the commission and
custodian of commission records. The administrator shall manage
the commission, administer the laws, and appoint, assign and
coordinate personnel of the commission within budget limitations
and the State Personnel Relations Law.
SECTION 156. ORS 673.455 is amended to read:
673.455. (1) The Oregon Board of Accountancy shall appoint a
Peer Review Oversight Committee. The board may also approve
applications for operation of alternative peer review programs
such as programs provided by the American Institute of Certified
Public Accountants and the National Society of Accountants.
(2) Each holder of a permit under ORS 673.150, each person
authorized to practice public accountancy in this state under ORS
673.153, each business organization registered under ORS 673.160,
and each business organization exempt from registration
requirements under ORS 673.160 (3), that performs attestation or
compilation services shall participate in a peer review program
described in this section. The peer review shall be conducted by
the board or by an alternative peer review program approved by
the board under subsection (1) of this section. A person
authorized to practice public accountancy in this state under ORS
673.153 who practices as a sole proprietor must meet peer review
standards pertaining to business organizations. The person or
business organization undergoing the peer review shall bear the
cost of the peer review.
(3) The members of the committee serve at the pleasure of the
board { + and the Governor + }.
(4) A member of the committee appointed under this section is
entitled to expenses as provided in ORS 292.495.
(5) The committee may review:
(a) Any financial statement or report filed with the state or
any political subdivision and prepared by a certified public
accountant or public accountant;
(b) Any procedure, working paper or supporting document
relating to the financial statement or report; and
(c) Any peer review report.
(6) If the client grants permission or if all information
identifying the client has been removed, the committee also may
review any financial statement not described in subsection (5) of
this section and prepared by a licensee, or any procedure,
working paper or supporting document relating to the financial
statement.
(7) The failure or refusal by any licensee, person authorized
to practice public accountancy in this state under ORS 673.153 or
business organization authorized to perform professional services
in this state under ORS 673.160 to comply with a request for
review or explanation, or both, of such financial statement as
set forth in this section constitutes a violation of ORS 673.170
(2)(b).
SECTION 157. ORS 756.014 is amended to read:
756.014. (1) There is created the Public Utility Commission of
Oregon. The commission shall be composed of three members
appointed by the Governor, subject to confirmation by the Senate
pursuant to section 4, Article III of the Oregon Constitution. No
more than two of such members shall be of the same political
party.
(2) Each commissioner shall hold office for the term of four
years. A commissioner shall hold office until a successor has
been appointed and qualified. The chairperson shall be designated
by the Governor and shall serve as chairperson at the pleasure of
the Governor.
(3) Any vacancy occurring in the office of commissioner shall
be filled by appointment by the Governor to hold office for the
balance of the unexpired term.
{ - (4) The Governor may at any time remove a commissioner
for any cause deemed by the Governor sufficient. Before such
removal the Governor shall give the commissioner a copy of the
charges, and shall fix a time when the commissioner can be heard,
which shall not be less than 10 days thereafter. The hearing
shall be open to the public. If the commissioner is removed, the
Governor shall file in the office of the Secretary of State a
complete statement of all charges made against the commissioner,
and the findings thereon with a record of the proceedings. Such
power of removal is absolute, and there is no right of review of
the same in any court. - }
{ + (4) Commissioners serve at the pleasure of the
Governor. + }
SECTION 158. ORS 756.026 is amended to read:
756.026. (1) No member of the Public Utility Commission shall:
(a) Hold any other office of profit;
(b) Hold any office or position under any political committee
or party;
(c) Hold any pecuniary interest in any business entity
conducting operations which if conducted in this state would be
subject to the commission's regulatory jurisdiction; or
(d) Hold any pecuniary interest in, have any contract of
employment with, or have any substantial voluntary transactions
with any business or activity subject to the commission's
regulatory jurisdiction.
(2) The prohibitions of subsection (1)(c) and (d) of this
section apply to the spouse and minor children of each
commissioner.
(3) If the Governor determines that any commissioner has done
any act prohibited by subsection (1) of this section, or that a
commissioner's spouse or a minor child has done any act
prohibited by subsection (2) of this section, the Governor shall
remove the commissioner { - in the manner provided in ORS
756.014 (4) - } .
(4) Subsection (3) of this section does not apply to a
commissioner if the commissioner or the commissioner's spouse or
a minor child acquires any pecuniary interest prohibited by
subsection (1) or (2) of this section, advises the Governor of
such acquisition, and causes divestiture of such interest within
the time specified by the Governor.
(5) For purposes of subsection (1) of this section, a business
or activity shall not be considered subject to the commission's
regulatory jurisdiction solely because the business or activity
is a private carrier as defined by ORS 825.005.
SECTION 159. ORS 802.370 is amended to read:
802.370. (1) The Director of Transportation shall establish an
advisory committee to advise the Department of Transportation on
the administration of laws regulating vehicle dealers under the
vehicle code.
(2) The department shall consult with the committee established
under this section before the department adopts any rules under
ORS 822.035 or before taking any disciplinary action against a
dealer under ORS 822.050 to revoke, suspend, place the dealer on
probation or levy a civil penalty against the dealer.
(3) The director shall appoint members of the committee
established under this section and the members shall serve at the
pleasure of the director { + and the Governor + }. The director
shall appoint members to the committee that represent vehicle
dealers and members that represent the interests of the general
public in the ownership, purchase and use of vehicles.
(4) The members of the committee established under this section
shall serve without compensation or expenses for services
performed.
SECTION 160. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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