Chapter 581 Oregon Laws 2001

AN ACT

SB 958

Relating to dispute resolution; creating new provisions; amending ORS 36.155 and 183.502; limiting expenditures; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 36.155 is amended to read:

36.155. (1) Funds in the Dispute Resolution Account attributable to 30 percent of the amounts generated by the filing fee surcharges imposed under ORS 36.170 may be used by the Dispute Resolution Commission only for the purpose of carrying out the provisions of ORS 36.100 to 36.245. Funds in the Dispute Resolution Account attributable to 20 percent of the amounts generated by the filing fee surcharges imposed under ORS 36.170 [shall be deposited by the Dispute Resolution Commission in the State Treasury to the credit of the Oregon Department of Administrative Services Operating Fund, and may be used only as provided in ORS 183.502] may be used by the Dispute Resolution Commission only for the purpose of carrying out the provisions of ORS 183.502 (5) to (7). Funds in the Dispute Resolution Account attributable to 50 percent of the amounts generated by the filing fee surcharges imposed under ORS 36.170 shall be allocated as provided in subsection (2) of this section.

(2) Funds in the Dispute Resolution Account that are attributable to 50 percent of the amounts generated by the filing fee surcharges imposed under ORS 36.170 shall be awarded by the commission for the purpose of providing dispute resolution services in the county from which the funds originated. On or before July 1 of each odd-numbered year, the commission shall advise each county of the county’s share of the amount appropriated for the purposes of this subsection. The determination shall be based upon each county’s respective share of moneys contributed under ORS 36.170. Before allocating these funds in a county, the county must apply for authority or the commission must proceed under ORS 36.160. If a dispute resolution program is not selected for funding under ORS 36.160 within three fiscal years after the fiscal year in which the filing fee surcharge was collected, then the funds from that fiscal year may be spent by the commission for dispute resolution services as if the funds were moneys governed by subsection (3) of this section.

(3) Moneys received by the commission from any sources other than the filing fee surcharges imposed by ORS 36.170 shall be used as follows:

(a) For overhead and administrative expenses of the commission.

(b) For statewide dispute resolution programs or dispute resolution services in any county in this state including but not limited to providing special grants for pilot projects, start-up costs for dispute resolution programs and training programs and to supplement funds otherwise received by dispute resolution programs.

SECTION 2. ORS 183.502 is amended to read:

183.502. (1) Unless otherwise prohibited by law, agencies may use alternative means of dispute resolution in rulemaking proceedings, contested case proceedings, judicial proceedings in which the agency is a party, and any other decision-making process in which conflicts may arise. The alternative means of dispute resolution may be arbitration, mediation or any other collaborative problem-solving process designed to encourage parties to work together to develop mutually agreeable solutions to disputes. Use of alternative means of dispute resolution by an agency does not affect the application of ORS 192.410 to 192.505 to the agency, or the application of ORS 192.610 to 192.690 to the agency.

(2) An agency that elects to utilize alternative means of dispute resolution shall inform and may consult with the Dispute Resolution Commission, the Department of Justice and the Oregon Department of Administrative Services in developing a policy or program for implementation of alternative means of dispute resolution.

(3) The Attorney General, in consultation with the Dispute Resolution Commission and the Oregon Department of Administrative Services, may develop for agencies model rules for the implementation of alternative means of dispute resolution. An agency may adopt all or part of the model rules by reference without complying with the rulemaking procedures of ORS 183.325 to 183.410. Notice of the adoption of all or part of the model rules must be filed by the agency with the Secretary of State in the manner provided by ORS 183.355 for the filing of rules.

(4) When an agency reviews the standard agreements, forms for contracts and forms for applying for grants or other assistance used by the agency, the agency shall determine whether the agreements and forms should be amended to authorize and encourage the use of alternative means of dispute resolution in disputes that arise under the agreement, contract or application.

(5) The Department of Justice, the Dispute Resolution Commission, the Oregon Department of Administrative Services and the Governor shall collaborate to increase the use of alternative dispute resolution to resolve disputes involving the State of Oregon by:

(a) Assisting agencies to develop a policy for alternative means of dispute resolution;

(b) Assisting agencies to develop or expand flexible and diverse agency programs that provide alternative means of dispute resolution;

(c) Identifying, advising and assisting groups of agencies to cooperate in developing alternative means of dispute resolution;

(d) Designating an agency within each group of agencies identified in paragraph (c) of this subsection to coordinate alternative means of dispute resolution among those agencies;

(e) Encouraging the coordination and integration of activities and programs among state and local governments and the public to ensure efficiency of alternative means of dispute resolution; and

(f) Developing a method to evaluate the effectiveness of agencies’ alternative dispute resolution programs.

(6) The participating and coordinating agencies shall seek to identify cases appropriate for mediation and other means of alternative dispute resolution and to design systems and procedures to resolve those cases.

(7) The purpose of the agency alternative dispute resolution programs is to:

(a) Increase agency efficiency;

(b) Increase public and agency satisfaction with the process and results of dispute resolution; and

[(8) All funds in the Oregon Department of Administrative Services Operating Fund received from the Dispute Resolution Commission under the provisions of ORS 36.155 may be used by the Oregon Department of Administrative Services only to fund implementation of alternative dispute resolution by agencies under subsections (5) to (7) of this section.]

[(9)] (8) The Department of Justice, the Dispute Resolution Commission and the Oregon Department of Administrative Services shall jointly report to the Legislative Assembly on or before January 15 of each odd-numbered year regarding any additional programs implemented under subsection (5) of this section.

SECTION 3. (1) The amendments to ORS 36.155 by section 1 of this 2001 Act apply to all funds in the Dispute Resolution Account on the effective date of this 2001 Act and to all funds deposited in the Dispute Resolution Account on or after the effective date of this 2001 Act.

(2) All funds in the Oregon Department of Administrative Services Operating Fund on the effective date of this 2001 Act that were deposited in the fund under the provisions of ORS 36.155 (1) (1999 Edition) shall be transferred to the Dispute Resolution Account as soon as practicable after the effective date of this 2001 Act. The funds transferred under this subsection may be used by the Dispute Resolution Commission only for the purpose of carrying out the provisions of ORS 183.502 (5) to (7).

SECTION 4. Notwithstanding any other law, the amount of $422,000 is established for the biennium beginning July 1, 2001, as the maximum limit for payment of expenses for carrying out the provisions of ORS 183.502 (5) to (7) from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Dispute Resolution Commission.

SECTION 5. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor June 25, 2001

Filed in the office of Secretary of State June 25, 2001

Effective date July 1, 2001

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