Bill Text: OR SB953 | 2011 | Regular Session | Introduced
Bill Title: Relating to state agency fees; declaring an emergency.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB953 Detail]
Download: Oregon-2011-SB953-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 3961
Senate Bill 953
Sponsored by Senator THOMSEN
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.
Directs Legislative Assembly, at odd-numbered year regular
sessions, to consider bill that lists all state agency fees
adopted by rule and that authorizes increase in amount of each
fee by percentage amount equal to percentage increase in Consumer
Price Index. Requires bill to list amount of each increased fee.
Specifies that state agency may adopt fee increase by rule only
if increase is authorized by Legislative Assembly in bill.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to state agency fees; creating new provisions; amending
ORS 291.055; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS 291.050 to 291.060. + }
SECTION 2. { + (1) During each regular session of the
Legislative Assembly held in an odd-numbered year, the President
of the Senate or the Speaker of the House of Representatives
shall introduce a bill that:
(a) Lists each fee adopted by a state agency by rule;
(b) Authorizes each state agency to increase the amount of each
fee adopted by the state agency by rule by a percentage equal to
the percentage increase in the Consumer Price Index for All Urban
Consumers of the Portland, Oregon, Metropolitan Statistical Area,
as compiled by the Bureau of Labor Statistics of the United
States Department of Labor; and
(c) Sets forth the amount of the fee as increased by the amount
allowed under paragraph (b) of this subsection.
(2) Notwithstanding any other law that grants to a state agency
the authority to establish fees, a state agency by rule may not
increase the amount of a fee charged by the agency unless the
amount of the increase is authorized by the Legislative Assembly
in a bill described in subsection (1) of this section. + }
SECTION 3. ORS 291.055 is amended to read:
291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees, all new state
agency fees { - or fee increases - } adopted after July 1 of
any odd-numbered year:
(a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
(b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
(c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
(e) Are rescinded on July 1 of the next following odd-numbered
year, or on adjournment sine die of the regular session of the
Legislative Assembly meeting in that year, whichever is later,
unless otherwise authorized by enabling legislation setting forth
the approved fees.
(2) This section does not apply to:
(a) Any tuition or fees charged by the State Board of Higher
Education and state institutions of higher education.
(b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
(c) Fees or payments required for:
(A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
(C) Copayments and premiums paid to the Oregon medical
assistance program.
(D) Assessments paid to the Department of Consumer and Business
Services under ORS 743.951 and 743.961.
(d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and are based on actual cost of
services provided.
(e) State agency charges on employees for benefits and
services.
(f) Any intergovernmental charges.
(g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
(h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
(i) Any charges established by the State Parks and Recreation
Director in accordance with ORS 565.080 (3).
(j) Assessments on premiums charged by { - the Insurance
Division of - } the Department of Consumer and Business Services
pursuant to ORS 731.804 or fees charged by the Division of
Finance and Corporate Securities of the Department of Consumer
and Business Services to banks, trusts and credit unions pursuant
to ORS 706.530 and 723.114.
(k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
(m) New { - or increased - } fees that are anticipated in
the legislative budgeting process for an agency, revenues from
which are included, explicitly or implicitly, in the
legislatively adopted budget for the agency.
(n) Tolls approved by the Oregon Transportation Commission
pursuant to ORS 383.004.
(o) Convenience fees as defined in ORS 182.126 and established
by the Oregon Department of Administrative Services under ORS
182.132 (3) and recommended by the Electronic Government Portal
Advisory Board.
(3)(a) Fees temporarily decreased for competitive or
promotional reasons or because of unexpected and temporary
revenue surpluses may be increased to not more than their prior
level without compliance with subsection (1) of this section if,
at the time the fee is decreased, the state agency specifies the
following:
(A) The reason for the fee decrease; and
(B) The conditions under which the fee will be increased to not
more than its prior level.
(b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
SECTION 4. { + 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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