Bill Text: OR SB565 | 2011 | Regular Session | Introduced
Bill Title: Relating to autism spectrum disorder; appropriating money; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB565 Detail]
Download: Oregon-2011-SB565-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2021
Senate Bill 565
Sponsored by Senator EDWARDS
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.
Creates Oregon Commission on Autism Spectrum Disorder and
requires commission to report to Legislative Assembly.
Establishes Oregon Commission on Autism Spectrum Disorder Fund.
Continuously appropriates moneys in fund to commission.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to autism spectrum disorder; appropriating money; and
declaring an emergency.
Whereas Oregon, like many states, has experienced a rapid
increase in the number of persons being diagnosed with autism
spectrum disorder, and both public and private systems have had
trouble responding to the increase; and
Whereas services for persons with autism spectrum disorder are
fragmented and inconsistent around this state; and
Whereas Oregon is not taking full advantage of the wealth of
knowledge, best practices and skills relating to autism spectrum
disorder currently available in the state and elsewhere; and
Whereas Oregon lacks a means to provide accurate, up-to-date
information to families and professionals regarding
interventions, services, supports and expected outcomes for
autism spectrum disorder; and
Whereas there is no consistent approach to increasing the
capacity of agencies and communities to support persons with
autism spectrum disorder; and
Whereas the rapid increase in the number of persons being
diagnosed with autism spectrum disorder, the complexity and
diversity of their needs, the limited resources and the pressure
on families, communities and existing education and social
service systems require a more thoughtful, coordinated approach
to funding, service development and service delivery; and
Whereas the Oregon Commission on Autism Spectrum Disorder
established by Executive Order 09-07 has fulfilled the task
described in the order by creating a 10-year strategic plan and
an action plan to address the issues confronting Oregon; and
Whereas there exists an ongoing need to guide the
implementation of the 10-year strategic plan; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Commission on Autism Spectrum
Disorder is established, consisting of 13 members appointed as
follows:
(a) The President of the Senate shall appoint one member from
among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint
one member from among members of the House of Representatives.
(c) The Governor shall appoint:
(A) One member who is a person with autism spectrum disorder;
(B) One member who is a parent of a child with autism spectrum
disorder who is under 18 years of age at the time of the
appointment;
(C) One member who is a parent of a child with autism spectrum
disorder who is 18 years of age or older;
(D) One member who represents autism spectrum disorder or
disability advocacy organizations;
(E) One member who represents the medical community in this
state;
(F) One member, recommended by the Superintendent of Public
Instruction, who represents the Department of Education;
(G) One member, recommended by the Director of the Oregon
Health Authority, who represents the Oregon Health Authority;
(H) One member, recommended by the Director of Human Services,
who represents the Department of Human Services;
(I) One member who represents institutions of higher education;
(J) One member who represents a local education entity; and
(K) One member of the public.
(2) In appointing the members of the commission, the appointing
authorities shall strive to balance the representation on the
commission according to geographic areas of this state.
(3) The commission may establish subcommittees as necessary to
carry out the duties of the commission. A subcommittee of the
commission must include at least one member of the commission.
The commission shall strive to balance the representation on a
subcommittee according to geographic areas of this state.
(4) A majority of the members of the commission constitutes a
quorum for the transaction of business.
(5) Official action by the commission requires the approval of
a majority of the members of the commission.
(6) The Governor shall select one of the members of the
commission to serve as chairperson and one of the members of the
commission to serve as vice-chairperson.
(7) The term of office of each member of the commission is four
years, but a member serves at the pleasure of the appointing
authority. If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(8) The commission shall meet at least quarterly at times and
places specified by the call of the chairperson or of a majority
of the voting members of the commission.
(9) The commission may adopt rules necessary for the operation
of the commission.
(10)(a) The Department of Human Services, the Oregon Health
Authority and the Department of Education shall provide staff
support to the commission.
(b) If the Department of Human Services, the Oregon Health
Authority and the Department of Education cannot agree on the
funding for staff support for the commission, the Governor shall
direct the agencies to fund staff support for the commission as
the Governor sees fit.
(11)(a) Members of the commission appointed under subsection
(1)(c)(A) to (C) of this section are entitled to compensation and
reimbursement for expenses as provided in ORS 292.495. Claims for
compensation and expenses incurred in performing functions of the
commission may be paid out of funds appropriated to the
Department of Human Services, the Oregon Health Authority and the
Superintendent of Public Instruction for purposes of the
commission, or out of other funds available to the commission
under subsection (12) of this section.
(b) Members of the commission who are appointed under
subsection (1)(c)(D) to (K) of this section are not entitled to
compensation or reimbursement for expenses and serve as
volunteers on the commission.
(c) Notwithstanding ORS 171.072, members of the commission who
are members of the Legislative Assembly are not entitled to
mileage expenses or a per diem and serve as volunteers on the
commission.
(12) The commission may accept gifts, grants and donations from
any source, public or private. Moneys accepted under this
subsection shall be paid into the State Treasury and deposited in
the Oregon Commission on Autism Spectrum Disorder Fund
established under section 5 of this 2011 Act.
(13) 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 2. { + (1) Notwithstanding the term of office
specified in section 1 of this 2011 Act, of the members first
appointed to the Oregon Commission on Autism Spectrum Disorder:
(a) Three shall serve for a term ending January 1, 2013.
(b) Three shall serve for a term ending January 1, 2014.
(c) Three shall serve for a term ending January 1, 2015.
(d) Four shall serve for a term ending January 1, 2016.
(2) Initial appointments to the commission must be made before
September 30, 2011. + }
SECTION 3. { + The Oregon Commission on Autism Spectrum
Disorder shall:
(1) Use the 10-year strategic plan developed pursuant to
Executive Order 09-07 to develop goals, outcomes and
implementation strategies to ensure effective services to persons
with autism spectrum disorder and families of those persons.
(2) Amend the strategic plan, goals, outcomes and
implementation strategies as necessary to:
(a) Clarify the array and structure of necessary services and
supports that enable persons with autism spectrum disorder to
function to their individual potentials across their lifespan;
(b) Provide effectively coordinated service systems for persons
with autism spectrum disorder in this state through strategies
that may include interagency agreements, braiding of funding and
other processes necessary to ensure collaboration and
coordination;
(c) Define strategies for accessing best practice and
research-based information and promoting that information to the
professional community and the public;
(d) Identify strategies to increase the capacity of state
agencies and the community to appropriately support persons with
autism spectrum disorder; and
(e) Estimate and make recommendations regarding the long-term
funding and the sources of funding needed to provide the
necessary services and supports for persons with autism spectrum
disorder and to accomplish the coordination of services for
persons with autism spectrum disorder. + }
SECTION 4. { + The Oregon Commission on Autism Spectrum
Disorder shall report to the Governor and to an interim committee
of the Legislative Assembly related to health care no later than
October 1 of each even-numbered year. The report must include,
but need not be limited to:
(1) An update on implementation and outcome priorities
identified in the 10-year strategic plan developed pursuant to
Executive Order 09-07;
(2) Biennial goals for providing services and supports to
persons with autism spectrum disorder as set forth in section 3
of this 2011 Act;
(3) Proposals for legislation necessary for implementation of
the biennial goals;
(4) Recommendations to state agencies concerning policies,
procedures and improvements to services that benefit persons with
autism spectrum disorder; and
(5) Recommendations for improvement of coordination among state
agencies that provide services that benefit persons with autism
spectrum disorder. + }
SECTION 5. { + The Oregon Commission on Autism Spectrum
Disorder Fund is established in the State Treasury, separate and
distinct from the General Fund. Interest earned by the Oregon
Commission on Autism Spectrum Disorder Fund shall be credited to
the fund. All moneys received under section 1 of this 2011 Act
shall be paid into the fund and are continuously appropriated to
the Oregon Commission on Autism Spectrum Disorder for the
purposes of carrying out sections 1 to 4 of this 2011 Act. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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