71st OREGON LEGISLATIVE ASSEMBLY--2001 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 666
A-Engrossed
House Bill 2609
Ordered by the House March 14
Including House Amendments dated March 14
Sponsored by COMMITTEE ON JUDICIARY (at the request of
Legislative Counsel Committee)
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.
Makes technical changes in Oregon law. Adjusts grammar, syntax
and punctuation. Deletes obsolete provisions. Conforms language
to existing statutes. Inserts omitted provisions. Adjusts Oregon
Revised Statutes series references.
A BILL FOR AN ACT
Relating to correction of erroneous material in Oregon law;
creating new provisions; amending ORS 9.191, 21.410, 25.245,
25.378, 30.600, 36.250, 36.258, 40.460, 40.510, 59.015, 59.049,
60.001, 60.231, 60.494, 60.497, 65.800, 70.070, 70.535, 70.610,
72.5020, 83.510, 87.501, 87.570, 90.632, 100.115, 100.450,
107.135, 107.510, 110.436, 114.525, 124.050, 125.240, 127.646,
127.700, 127.865, 129.045, 131.505, 131.535, 133.643, 135.240,
137.473, 144.110, 144.120, 144.122, 163.165, 163.208, 163.315,
164.035, 165.540, 166.025, 166.291, 173.130, 174.535, 179.477,
181.010, 181.662, 182.466, 183.360, 183.464, 184.656, 192.501,
192.525, 197.754, 197.756, 197.764, 200.005, 237.414, 243.325,
243.650, 243.746, 244.050, 250.035, 254.470, 262.065, 266.410,
274.210, 274.755, 276.096, 279.027, 279.045, 279.067, 279.310,
279.316, 279.320, 279.322, 279.542, 279.573, 279.835, 285A.110,
285B.159, 286.058, 293.110, 293.227, 294.311, 294.406, 294.421,
294.425, 294.480, 326.350, 329.885, 329.945, 336.665, 336.795,
339.430, 341.102, 343.175, 343.193, 343.287, 344.525, 345.440,
345.450, 357.261, 358.935, 358.945, 366.462, 366.820, 377.712,
377.758, 390.240, 390.270, 390.310, 390.805, 390.930, 396.160,
396.505, 401.842, 406.030, 408.365, 410.550, 410.720, 416.510,
417.730, 418.790, 419B.005, 419B.010, 419B.050, 419B.320,
426.385, 427.215, 432.500, 433.010, 433.390, 433.735, 433.755,
433.765, 433.767, 433.850, 433.855, 433.865, 433.870, 433.875,
433.990, 438.010, 438.030, 438.050, 438.110, 438.160, 438.310,
438.430, 438.435, 438.450, 438.510, 441.060, 441.117, 441.630,
442.015, 442.700, 445.010, 446.155, 447.145, 448.005, 450.075,
450.815, 452.151, 452.510, 453.370, 453.376, 454.610, 454.715,
455.720, 460.035, 462.710, 462.740, 466.710, 466.750, 466.791,
469.566, 469.568, 469.573, 469.574, 469.576, 469.577, 469.579,
469.584, 469.585, 471.175, 471.407, 475A.005, 476.990, 478.010,
479.630, 480.215, 480.355, 480.432, 480.575, 497.022, 506.521,
516.030, 517.830, 537.346, 541.390, 543.710, 543.820, 565.275,
571.180, 596.100, 596.990, 596.995, 603.992, 609.105, 616.416,
616.426, 616.716, 619.010, 624.320, 632.450, 632.900, 633.065,
634.146, 657.665, 657A.270, 657A.280, 657A.330, 661.210,
673.160, 673.320, 673.325, 676.620, 678.730, 679.510, 688.132,
690.365, 690.370, 690.380, 690.385, 690.395, 690.410, 690.415,
690.430, 690.530, 690.996, 694.055, 694.085, 694.095, 694.115,
694.136, 701.005, 701.252, 701.990, 717.200, 717.255, 722.162,
723.008, 723.152, 731.642, 743.693, 743.811, 743.845, 757.005,
757.552, 757.557, 759.405, 776.405, 802.010, 802.100, 802.270,
806.160, 806.195, 807.252, 809.610, 809.730, 811.220, 811.425,
811.460, 822.042, 830.082, 830.084, 830.086, 830.096, 830.110,
830.605, 830.880, 836.072 and 836.215 and section 9, chapter
716, Oregon Laws 1999, section 5, chapter 736, Oregon Laws
1999, and section 2, chapter 851, Oregon Laws 1999, and ORCP 55
H; and repealing ORS 42.005, 390.953 and 437.005 and sections 6
and 13, chapter 1025, Oregon Laws 1989, and sections 2 and 4,
chapter 1089, Oregon Laws 1999.
Be It Enacted by the People of the State of Oregon: + }
SECTION 1. ORS 174.535 is amended to read:
174.535. It is the policy of the Legislative Assembly to revise
sections from Oregon Revised Statutes and Oregon law periodically
in order to maintain accuracy. However, nothing in chapter 740,
Oregon Laws 1983, chapter 565, Oregon Laws 1985, chapter 158,
Oregon Laws 1987, chapter 171, Oregon Laws 1989, chapters 67 and
927, Oregon Laws 1991, chapters 18 and 469, Oregon Laws 1993,
chapter 79, Oregon Laws 1995, chapter 249, Oregon Laws 1997,
{ - or - } chapter 59, Oregon Laws 1999, { + or this 2001
Act + } is intended to alter the legislative intent or purpose of
statutory sections affected by chapter 740, Oregon Laws 1983,
chapter 565, Oregon Laws 1985, chapter 158, Oregon Laws 1987,
chapter 171, Oregon Laws 1989, chapters 67 and 927, Oregon Laws
1991, chapters 18 and 469, Oregon Laws 1993, chapter 79, Oregon
Laws 1995, chapter 249, Oregon Laws 1997, { - and - } chapter
59, Oregon Laws 1999, { + and this 2001 Act + } except insofar
as the amendments thereto, or repeals thereof, specifically
require.
{ + NOTE: + } Sets forth Reviser's Bill policy statement.
SECTION 2. ORS 9.191 is amended to read:
9.191. (1) Except as provided in subsection (2) of this
section, the annual membership fees to be paid by members of the
Oregon State Bar shall be established by the Board of Governors
of the Oregon State Bar, and each year notice of the proposed
fees for the coming year shall be published and distributed to
the membership not later than 20 days before the annual meeting
of the house of delegates. Any increase in annual membership fees
over the amount established for the preceding year must be
approved by a majority of delegates of the house of delegates
voting thereon at the annual meeting of the house of delegates.
The board shall establish the date by which annual membership
fees must be paid.
(2) The board shall establish prorated membership fees payable
for the year that a member is admitted to the practice of law in
this state. If the new member is admitted on or before the date
established by the board for the payment of annual membership
fees under subsection (1) of this section, the new member must
pay the full annual membership fees established under subsection
(1) of this section.
(3) In establishing annual membership fees, the board shall
consider and be guided by the anticipated financial needs of the
state bar for the year for which the fees are established, time
periods of membership and active or inactive status of members.
Annual membership fees may include any amount assessed under any
plan for professional liability insurance for active members
engaged in the private practice of law whose principal offices
are in Oregon as provided in ORS 9.080 (2). No annual membership
fees shall be required or assessed by the board for members who
have been admitted to practice law in Oregon for 50 years or more
except that such member shall be required to pay any amount
assessed under any plan for professional liability insurance if
{ - such - } { + the + } member is engaged in the private
practice of law
{ - whose - } { + and the member's + } principal office is in
Oregon.
{ + NOTE: + } Corrects syntax in (3).
SECTION 3. ORCP 55 H is amended to read:
H Hospital records.
H(1) Hospital. As used in this rule, unless the context
requires otherwise, 'hospital' means a { - health care
facility - } { + hospital, as + }defined in ORS 442.015
{ - (14)(a) through (d) and - } { + (19), or a long term care
facility or an ambulatory surgical center, as those terms are
defined in ORS 442.015, that is + } licensed under ORS 441.015
through 441.097 and community health programs established under
ORS 430.610 through 430.695.
H(2) Mode of compliance. Hospital records may be obtained by
subpoena only as provided in this section. However, if disclosure
of any requested records is restricted or otherwise limited by
state or federal law, then the protected records shall not be
disclosed in response to the subpoena unless the requirements of
the pertinent law have been complied with and such compliance is
evidenced through an appropriate court order or through execution
of an appropriate consent. Absent such consent or court order,
production of the requested records not so protected shall be
considered production of the records responsive to the subpoena.
If an appropriate consent or court order does accompany the
subpoena, then production of all records requested shall be
considered production of the records responsive to the subpoena.
H(2)(a) Except as provided in subsection (4) of this section,
when a subpoena is served upon a custodian of hospital records in
an action in which the hospital is not a party, and the subpoena
requires the production of all or part of the records of the
hospital relating to the care or treatment of a patient at the
hospital, it is sufficient compliance therewith if a custodian
delivers by mail or otherwise a true and correct copy of all the
records responsive to the subpoena within five days after receipt
thereof. Delivery shall be accompanied by the affidavit described
in subsection (3) of this section. The copy may be photographic
or microphotographic reproduction.
H(2)(b) The copy of the records shall be separately enclosed in
a sealed envelope or wrapper on which the title and number of the
action, name of the witness, and date of the subpoena are clearly
inscribed. The sealed envelope or wrapper shall be enclosed in an
outer envelope or wrapper and sealed. The outer envelope or
wrapper shall be addressed as follows: (i) if the subpoena
directs attendance in court, to the clerk of the court, or to the
judge thereof if there is no clerk; (ii) if the subpoena directs
attendance at a deposition or other hearing, to the officer
administering the oath for the deposition, at the place
designated in the subpoena for the taking of the deposition or at
the officer's place of business; (iii) in other cases involving a
hearing, to the officer or body conducting the hearing at the
official place of business; (iv) if no hearing is scheduled, to
the attorney or party issuing the subpoena. If the subpoena
directs delivery of the records in accordance with subparagraph
H(2)(b)(iv), then a copy of the subpoena shall be served on the
person whose records are sought and on all other parties to the
litigation, not less than 14 days prior to service of the
subpoena on the hospital.
H(2)(c) After filing and after giving reasonable notice in
writing to all parties who have appeared of the time and place of
inspection, the copy of the records may be inspected by any party
or the attorney of record of a party in the presence of the
custodian of the court files, but otherwise shall remain sealed
and shall be opened only at the time of trial, deposition, or
other hearing, at the direction of the judge, officer, or body
conducting the proceeding. The records shall be opened in the
presence of all parties who have appeared in person or by counsel
at the trial, deposition, or hearing. Records which are not
introduced in evidence or required as part of the record shall be
returned to the custodian of hospital records who submitted them.
H(2)(d) For purposes of this section, the subpoena duces tecum
to the custodian of the records may be served by first class
mail. Service of subpoena by mail under this section shall not be
subject to the requirements of section D(3) of this rule.
H(3) Affidavit of custodian of records.
H(3)(a) The records described in subsection (2) of this section
shall be accompanied by the affidavit of a custodian of the
hospital records, stating in substance each of the following:
(i) that the affiant is a duly authorized custodian of the
records and has authority to certify records; (ii) that the copy
is a true copy of all the records responsive to the subpoena;
(iii) that the records were prepared by the personnel of the
hospital, staff physicians, or persons acting under the control
of either, in the ordinary course of hospital business, at or
near the time of the act, condition, or event described or
referred to therein.
H(3)(b) If the hospital has none of the records described in
the subpoena, or only part thereof, the affiant shall so state in
the affidavit, and shall send only those records of which the
affiant has custody.
H(3)(c) When more than one person has knowledge of the facts
required to be stated in the affidavit, more than one affidavit
may be made.
H(4) Personal attendance of custodian of records may be
required.
H(4)(a) The personal attendance of a custodian of hospital
records and the production of original hospital records is
required if the subpoena duces tecum contains the following
statement:
_________________________________________________________________
The personal attendance of a custodian of hospital records and
the production of original records is required by this subpoena.
The procedure authorized pursuant to Oregon Rule of Civil
Procedure 55 H(2) shall not be deemed sufficient compliance with
this subpoena.
_________________________________________________________________
H(4)(b) If more than one subpoena duces tecum is served on a
custodian of hospital records and personal attendance is required
under each pursuant to paragraph (a) of this subsection, the
custodian shall be deemed to be the witness of the party serving
the first such subpoena.
H(5) Tender and payment of fees. Nothing in this section
requires the tender or payment of more than one witness and
mileage fee or other charge unless there has been agreement to
the contrary.
{ + NOTE: + } Corrects terminology and ORS reference in H(1).
See amendments to 442.015 by section 181.
SECTION 4. ORS 21.410 is amended to read:
21.410. (1) The sheriff of a county shall collect the following
fees in civil actions, suits and proceedings for each case
delivered to the office of the sheriff:
(a) For serving summons, subpoena, citation, order, notice or
similar documents, including small claims or writ of execution,
directed to not more than two different parties at the same
address, not less than $20 and not more than $25; otherwise not
less than $20 and not more than $25 for each party for which
service is requested. The fee authorized by this paragraph shall
not be charged to the state in civil actions, suits and
proceedings where one party is an indigent person who has been
appointed counsel at state expense.
(b) For serving notice of seizure and sale of personal or real
property, notice of restitution, or other seizure under writ of
attachment or execution, or other process or proceeding, $20.
(c) For seizure and sale of personal or real property,
enforcement of writ of execution of judgment of restitution, or
other enforcement or seizure under writ of attachment or
execution, or other process or proceeding, $47, and, in addition,
such sums as may be reasonable and necessary to secure each
keeper or custodian of property in custody, the expense of
inventory of property in custody and expense incurred in
newspaper advertising required by law in the execution of
process.
(d) For making a conveyance of real property sold on any
process, $15, to be paid by, or for, the grantee.
(e) For making a copy of any process, order, notice or other
instrument in writing, when necessary to complete the service
thereof, for each folio, $3; but no charge shall be made for copy
of complaint or other paper not actually made by the sheriff.
(f) For entering and processing distraint warrants for state
agencies, $6.25 each.
(2) Persons other than a sheriff serving process and other
documents may charge any fee agreed to between the server and the
person requesting service.
(3) Fees collected for service by the sheriff shall be retained
for the benefit of the county where the party to be served cannot
be found.
(4) No mileage or commission shall be collected by a sheriff
for service of any document or process but in any service
involving travel in excess of 75 miles round trip an additional
fee not to exceed $25 may be billed and collected by a sheriff.
Mileage shall be measured from the location at which the service
is made to the circuit court in that county.
(5) Amounts paid for service of process and other documents may
be recovered as costs and disbursements to the extent provided by
ORS 20.115.
(6) A sheriff may not collect a fee under this section for
serving a foreign restraining order or an order that only grants
relief under ORS 107.095 (1)(c).
(7) As used in this section:
(a) 'Folio' means 100 words, counting two figures as one word.
Any portion of a folio, when the whole paper contains less than a
folio, or when such portion is an excess over the last folio,
shall be deemed a folio.
(b) 'Foreign restraining order' { - has the meaning given
that term in ORS 24.185 - } { + means a restraining order that
is a foreign judgment as defined by ORS 24.105 + }.
{ + NOTE: + } Replaces obsolete ORS reference in (7)(b) with
appropriate provisions. See definition of 'foreign restraining
order' in ORS 24.185 (1997 Edition).
SECTION 5. ORS 25.245 is amended to read:
25.245. (1) Notwithstanding any other provision of Oregon law,
a parent who is eligible for and receiving cash payments made by
the Department of Human Services under Title IV-A of the Social
Security Act or under the General Assistance or Oregon
Supplemental { - Security - } Income Programs or cash payments
made by the Social Security Administration under the Supplemental
{ - Security - } Income Program shall be rebuttably presumed
unable to pay child support and a child support obligation does
not accrue unless the presumption is rebutted.
(2) Each month, the Department of Human Services shall identify
those persons receiving cash payments under the programs listed
in subsection (1) of this section and provide that information to
the district attorney and the Division of Child Support of the
Department of Justice. The district attorney and the Division of
Child Support shall refer to the information prior to
establishing any child support obligation. Within 30 days
following identification of persons under this subsection, the
entity responsible for support enforcement services under ORS
25.080 shall provide notice of the presumption to the obligee and
obligor and shall inform all parties to the support order that,
unless a party objects as provided in subsection (3) of this
section, child support shall cease accruing beginning with the
support payment due on or after the date the obligor first begins
receiving the cash payments and continuing through the support
payment due in the last month in which the obligor received the
cash payments. The entity responsible for support enforcement
services shall serve the notice on the obligee in the manner
provided for the service of summons in a civil action or by
certified mail, return receipt requested, and shall serve the
notice on the obligor by first class mail to the obligor's
last-known address. The notice shall specify the month in which
cash payments are first made and shall contain a statement that
the district attorney and the Division of Child Support represent
the state and that low cost legal counsel may be available.
(3) A party may object to the presumption by sending an
objection to the entity responsible for support enforcement
services under ORS 25.080 within 20 days after the date of
service of the notice. The objection must describe the resources
of the obligor or other evidence that might rebut the presumption
of inability to pay child support. The entity receiving the
objection shall cause the case to be set for a hearing before a
court or a hearings officer. The court or hearings officer may
consider only whether the presumption has been rebutted.
(4) If no objection is made, or if the court or hearings
officer finds that the presumption has not been rebutted, the
Department of Justice shall discontinue billing the obligor for
the period of time described in subsection (2) of this section
and no arrearage shall accrue for the period during which the
obligor is not billed. In addition, the entity providing support
enforcement services shall file with the circuit court in which
the support order or decree has been entered or docketed a copy
of the notice described in subsection (2) of this section or, if
an objection is made and the presumption is not rebutted, a copy
of the hearings officer's order.
(5)(a) Within 30 days after the date the obligor ceases
receiving cash payments under a program listed in subsection (1)
of this section, the Department of Justice shall provide notice
to all parties to the support order:
(A) Specifying the last month in which a cash payment was made;
(B) Stating that the payment of those benefits has terminated
and that by operation of law billing and accrual of support
resumes; and
(C) Informing the parties of their rights to request a review
and modification of the support order based on a substantial
change in circumstance or pursuant to ORS 25.287 or any other
provision of law.
(b) The notice shall include a statement that the district
attorney and the Division of Child Support represent the state
and that low cost legal counsel may be available.
(c) The entity providing enforcement services shall file a copy
of the notice required by paragraph (a) of this subsection with
the circuit court in which the support order or decree has been
entered or docketed.
(6) Receipt by a child support obligor of cash payments under
any of the programs listed in subsection (1) of this section
shall be sufficient cause for a court or hearings officer to
allow a credit and satisfaction against child support arrearage
for months that the obligor received the cash payments.
(7) The notice and finding of financial responsibility required
by ORS 416.415 shall include notice of the presumption,
nonaccrual and arrearage credit rights provided for in this
section.
(8) The presumption, nonaccrual and arrearage credit rights
created by this section shall apply whether or not child support
enforcement services are being provided under Title IV-D of the
Social Security Act.
(9) Application of the presumption, nonaccrual and arrearage
credit rights created by this section does not constitute a
modification but does not limit the right of any party to seek a
modification of a support order based upon a change of
circumstances or pursuant to ORS 25.287 or any other provision of
law. In determining whether a change in circumstances has
occurred or whether two years have elapsed since entry of a
support order, the court or hearings officer may not consider any
action taken under this section as entry of a support order. The
presumption stated in subsection (1) of this section applies in
any modification proceeding.
{ + NOTE: + } Corrects official title in (1).
SECTION 6. ORS 25.378 is amended to read:
25.378. (1) Except as otherwise provided in ORS 25.396, when a
support order is entered or modified by the Division of Child
Support, a district attorney, a hearing officer or a circuit
court, including a juvenile court, the order shall include a
provision requiring the obligor to pay support by income
withholding regardless of whether support enforcement services
are being provided under ORS 25.080. In addition to the income
withholding provided for in this subsection, income withholding
may be initiated in accordance with subsections (2) to (6) of
this section.
(2) When an obligor is subject to a support order issued or
registered in this state and fails to make payments at least
equal to the amount of support payable for one month, a court,
the Division of Child Support, a district attorney or the
Department of Human Services, whichever is appropriate, shall
initiate income withholding without the need for a judicial or
administrative hearing and without the need for advance notice to
the obligor of the withholding.
(3) When an arrearage exists and notice of the delinquent
amount has been given to the obligor, a court, upon application,
shall issue a withholding order upon the ex parte request of a
person holding support rights, the Division of Child Support or
the district attorney.
(4) If an obligor is not otherwise subject to income
withholding:
(a) A court may issue an order to withhold upon the ex parte
motion of the obligor; or
(b) The Division of Child Support, Department of Human Services
or district attorney may issue an order to withhold upon the ex
parte motion of the obligor.
(5)(a) { - If an obligor is not otherwise subject to
withholding, at any time - } Upon the request of the holder of
support rights, a court, the Division of Child Support or a
district attorney, as appropriate, may issue a withholding order
{ + at any time + } if { + :
(A) The obligor is not otherwise subject to withholding; and
(B) + } After notice and an opportunity to object has been
given to the obligor, a finding is made that it would be in the
best interests of the child to { - do so - } { + issue a
withholding order + }.
(b) If the obligor has been granted an exception to withholding
under ORS 25.396 by a court, the holder of support rights must
apply for withholding under this subsection by motion to the
court.
(6) A court or agency shall issue an order to withhold when a
support order or an arrearage from another jurisdiction is
entered in Oregon in accordance with interstate income
withholding under ORS 110.303 to 110.452.
{ + NOTE: + } Corrects structure of and syntax in (5)(a).
SECTION 7. ORS 25.378, as amended by section 39, chapter 849,
Oregon Laws 1999, is amended to read:
25.378. (1) Except as otherwise provided in ORS 25.396, when a
support order is entered or modified by the Division of Child
Support, a district attorney, an Employment Department hearing
officer or a circuit court, including a juvenile court, the order
shall include a provision requiring the obligor to pay support by
income withholding regardless of whether support enforcement
services are being provided under ORS 25.080. In addition to the
income withholding provided for in this subsection, income
withholding may be initiated in accordance with subsections (2)
to (6) of this section.
(2) When an obligor is subject to a support order issued or
registered in this state and fails to make payments at least
equal to the amount of support payable for one month, a court,
the Division of Child Support, a district attorney or the
Department of Human Services, whichever is appropriate, shall
initiate income withholding without the need for a judicial or
administrative hearing and without the need for advance notice to
the obligor of the withholding.
(3) When an arrearage exists and notice of the delinquent
amount has been given to the obligor, a court, upon application,
shall issue a withholding order upon the ex parte request of a
person holding support rights, the Division of Child Support or
the district attorney.
(4) If an obligor is not otherwise subject to income
withholding:
(a) A court may issue an order to withhold upon the ex parte
motion of the obligor; or
(b) The Division of Child Support, Department of Human Services
or district attorney may issue an order to withhold upon the ex
parte motion of the obligor.
(5)(a) { - If an obligor is not otherwise subject to
withholding, at any time - } Upon the request of the holder of
support rights, a court, the Division of Child Support or a
district attorney, as appropriate, may issue a withholding order
{ + at any time + } if { + :
(A) The obligor is not otherwise subject to withholding; and
(B) + } After notice and an opportunity to object has been
given to the obligor, a finding is made that it would be in the
best interests of the child to { - do so - } { + issue a
withholding order + }.
(b) If the obligor has been granted an exception to withholding
under ORS 25.396 by a court, the holder of support rights must
apply for withholding under this subsection by motion to the
court.
(6) A court or agency shall issue an order to withhold when a
support order or an arrearage from another jurisdiction is
entered in Oregon in accordance with interstate income
withholding under ORS 110.303 to 110.452.
{ + NOTE: + } Corrects structure of and syntax in (5)(a).
SECTION 8. ORS 30.600 is amended to read:
30.600. An action may be maintained in the name of the state
for the purpose of vacating or annulling letters patent, issued
by the state, against the person to whom the letters were issued,
or those claiming under the person, as to the subject matter
thereof, in the following cases:
(1) When the letters patent were issued by means of some
fraudulent suggestion or concealment of a material fact by the
person to whom the letters were issued, or with the knowledge and
consent of the person;
(2) When the letters patent were issued through mistake or in
ignorance of a material fact; or { - , - }
(3) When the patentee, or those claiming under the patentee,
have done or omitted an act, in violation of the terms and
conditions on which the letters patent were issued, or have by
any other means forfeited the interest acquired under the
letters.
{ + NOTE: + } Corrects punctuation in (2).
SECTION 9. ORS 36.250 is amended to read:
36.250. As used in ORS 36.250 to 36.270:
(1) 'Agricultural producer' means a person who owns or is
purchasing agricultural property for use in agriculture whose
gross sales in agriculture averaged $20,000 or more for the
preceding three years.
(2) 'Agricultural property' means real property that is
principally used for agriculture.
(3) 'Agriculture' means the production of livestock, poultry,
field crops, fruit, dairy, fur-bearing animals, Christmas trees,
food fish or other animal and vegetable matter.
(4) 'Coordinator' means the Director of Agriculture or a
designee of the Director of Agriculture.
(5) 'Creditor' means the holder of a mortgage or trust deed on
agricultural property, a vendor of a real estate contract for
agricultural property, a person with a perfected security
interest in agricultural property or a judgment creditor with a
judgment against an agricultural producer.
(6) 'Financial analyst' means a person knowledgeable in
agriculture and financial matters that can provide financial
analysis to aid the agricultural producer in preparing the
financial information required under ORS 36.256. Financial
analyst may include county extension agents or other persons
approved by the coordinator.
(7) 'Mediation' means the process by which a mediator assists
and facilitates an agricultural producer and a creditor in a
controversy relating to the mortgage, trust deed, real estate
contract, security interest or judgment that the creditor has in
the agricultural property of the agricultural producer in
reaching a mutually acceptable resolution of the controversy and
includes all contacts between the mediator and the agricultural
producer or the creditor, until such time as a resolution is
agreed to by the agricultural producer and the creditor or until
the agricultural producer or the creditor discharges the
mediator.
(8) 'Mediation service' means a person selected by the
coordinator to provide mediation under { - chapter 967, Oregon
Laws 1989 - } { + ORS 36.250 to 36.270 + }.
(9) 'Mediator' means an impartial third party who performs
mediations.
(10) 'Person' means the state or a public or private
corporation, local government unit, public agency, individual,
partnership, association, firm, trust, estate or any other legal
entity.
{ + NOTE: + } Inserts appropriate series reference in (8).
SECTION 10. ORS 36.258 is amended to read:
36.258. (1) A mediator must be an impartial person
knowledgeable in agriculture and financial matters.
(2) In carrying out mediation under ORS 36.250 to 36.270, a
mediator shall:
(a) Listen to the agricultural producer and any creditor
desiring to be heard.
(b) Attempt to facilitate a negotiated agreement that provides
for mutual satisfaction. Such an agreement may include mutually
agreed upon forbearance from litigation, rescheduled or
renegotiated debt, voluntary sale or other liquidation of
agricultural property, authorization for the agricultural
producer to continue agriculture while providing reasonable
security to the creditor or any other mutually agreed upon
outcome.
(c) Seek assistance from any public or private agency to effect
the goals of { - chapter 967, Oregon Laws 1989 - } { + ORS
36.250 to 36.270 + }.
(d) Permit any person who is a party to the mediation to be
represented in all mediation proceedings by any person selected
by the party.
(3) In carrying out a mediation under ORS 36.250 to 36.270, a
mediator may invite additional creditors of the agricultural
producer to participate in the mediation. A creditor may be
invited to participate in a mediation regardless of whether the
agricultural producer is in arrears with the creditor.
{ + NOTE: + } Inserts appropriate series reference in (2)(c).
SECTION 11. ORS 40.460 is amended to read:
40.460. The following are not excluded by ORS 40.455, even
though the declarant is available as a witness:
(1) (Reserved.)
(2) A statement relating to a startling event or condition made
while the declarant was under the stress of excitement caused by
the event or condition.
(3) A statement of the declarant's then existing state of mind,
emotion, sensation or physical condition, such as intent, plan,
motive, design, mental feeling, pain or bodily health, but not
including a statement of memory or belief to prove the fact
remembered or believed unless it relates to the execution,
revocation, identification, or terms of the declarant's will.
(4) Statements made for purposes of medical diagnosis or
treatment and describing medical history, or past or present
symptoms, pain or sensations, or the inception or general
character of the cause of external source thereof insofar as
reasonably pertinent to diagnosis or treatment.
(5) A memorandum or record concerning a matter about which a
witness once had knowledge but now has insufficient recollection
to enable the witness to testify fully and accurately, shown to
have been made or adopted by the witness when the matter was
fresh in the memory of the witness and to reflect that knowledge
correctly. If admitted, the memorandum or record may be read into
evidence but may not itself be received as an exhibit unless
offered by an adverse party.
(6) A memorandum, report, record, or data compilation, in any
form, of acts, events, conditions, opinions, or diagnoses, made
at or near the time by, or from information transmitted by, a
person with knowledge, if kept in the course of a regularly
conducted business activity, and if it was the regular practice
of that business activity to make the memorandum, report, record,
or data compilation, all as shown by the testimony of the
custodian or other qualified witness, unless the source of
information or the method of circumstances of preparation
indicate lack of trustworthiness. The term 'business' as used in
this subsection includes business, institution, association,
profession, occupation, and calling of every kind, whether or not
conducted for profit.
(7) Evidence that a matter is not included in the memoranda,
reports, records, or data compilations, and in any form, kept in
accordance with the provisions of subsection (6) of this section,
to prove the nonoccurrence or nonexistence of the matter, if the
matter was of a kind of which a memorandum, report, record, or
data compilation was regularly made and preserved, unless the
sources of information or other circumstances indicate lack of
trustworthiness.
(8) Records, reports, statements, or data compilations, in any
form, of public offices or agencies, setting forth:
(a) The activities of the office or agency;
(b) Matters observed pursuant to duty imposed by law as to
which matters there was a duty to report, excluding however, in
criminal cases matters observed by police officers and other law
enforcement personnel; or
(c) In civil actions and proceedings and against the government
in criminal cases, factual findings, resulting from an
investigation made pursuant to authority granted by law, unless
the sources of information or other circumstances indicate lack
of trustworthiness.
(9) Records or data compilations, in any form, of births, fetal
deaths, deaths or marriages, if the report thereof was made to a
public office pursuant to requirements of law.
(10) To prove the absence of a record, report, statement, or
data compilation, in any form, or the nonoccurrence or
nonexistence of a matter of which a record, report, statement, or
data compilation, in any form, was regularly made and preserved
by a public office or agency, evidence in the form of a
certification in accordance with ORS 40.510, or testimony, that
diligent search failed to disclose the record, report, statement,
or data compilation, or entry.
(11) Statements of births, marriages, divorces, deaths,
legitimacy, ancestry, relationship by blood or marriage, or other
similar facts of personal or family history, contained in a
regularly kept record of a religious organization.
(12) A statement of fact contained in a certificate that the
maker performed a marriage or other ceremony or administered a
sacrament, made by a { - clergyman - } { + member of the
clergy + }, public official, or other person authorized by the
rules or practices of a religious organization or by law to
perform the act certified, and purporting to have been issued at
the time of the act or within a reasonable time thereafter.
(13) Statements of facts concerning personal or family history
contained in family bibles, genealogies, charts, engravings on
rings, inscriptions on family portraits, engravings on urns,
crypts, or tombstones, or the like.
(14) The record of a document purporting to establish or affect
an interest in property, as proof of content of the original
recorded document and its execution and delivery by each person
by whom it purports to have been executed, if the record is a
record of a public office and an applicable statute authorizes
the recording of documents of that kind in that office.
(15) A statement contained in a document purporting to
establish or affect an interest in property if the matter stated
was relevant to the purpose of the document, unless dealings with
the property since the document was made have been inconsistent
with the truth of the statement or the purport of the document.
(16) Statements in a document in existence 20 years or more the
authenticity of which is established.
(17) Market quotations, tabulations, lists, directories, or
other published compilations, generally used and relied upon by
the public or by persons in particular occupations.
(18) (Reserved.)
(18a)(a) A complaint of sexual misconduct or complaint of abuse
as defined in ORS 107.705 or 419B.005 made by the witness after
the commission of the alleged misconduct or abuse at issue.
Except as provided in paragraph (b) of this subsection, such
evidence must be confined to the fact that the complaint was
made.
(b) A statement made by a person concerning an act of abuse, as
defined in ORS 107.705 or 419B.005, is not excluded by ORS 40.455
if the declarant either testifies at the proceeding and is
subject to cross-examination or was chronologically or mentally
under 12 years of age at the time the statement was made and is
unavailable as a witness. However, if a declarant is unavailable,
the statement may be admitted in evidence only if the proponent
establishes that the time, content and circumstances of the
statement provide indicia of reliability, and in a criminal trial
that there is corroborative evidence of the act of abuse and of
the alleged perpetrator's opportunity to participate in the
conduct and that the statement possesses indicia of reliability
as is constitutionally required to be admitted. No statement may
be admitted under this paragraph unless the proponent of the
statement makes known to the adverse party the proponent's
intention to offer the statement and the particulars of the
statement no later than 15 days before trial, except for good
cause shown. For purposes of this paragraph, in addition to those
situations described in ORS 40.465 (1), the declarant shall be
considered 'unavailable' if the declarant has a substantial lack
of memory of the subject matter of the statement, is presently
incompetent to testify, is unable to communicate about the abuse
or sexual conduct because of fear or other similar reason or is
substantially likely, as established by expert testimony, to
suffer lasting severe emotional trauma from testifying. Unless
otherwise agreed by the parties, the court shall examine the
declarant in chambers and on the record or outside the presence
of the jury and on the record. The examination shall be conducted
immediately prior to the commencement of the trial in the
presence of the attorney and the legal guardian or other suitable
adult as designated by the court. If the declarant is found to be
unavailable, the court shall then determine the admissibility of
the evidence. The determinations shall be appealable under ORS
138.060 (3). The purpose of the examination shall be to aid the
court in making its findings regarding the availability of the
declarant as a witness and the reliability of the statement of
the declarant. In determining whether a statement possesses
indicia of reliability under this paragraph, the court may
consider, but is not limited to, the following factors:
(A) The personal knowledge of the declarant of the event;
(B) The age and maturity of the declarant or extent of
disability if the declarant is a person with developmental
disabilities;
(C) Certainty that the statement was made, including the
credibility of the person testifying about the statement and any
motive the person may have to falsify or distort the statement;
(D) Any apparent motive the declarant may have to falsify or
distort the event, including bias, corruption or coercion;
(E) The timing of the statement of the declarant;
(F) Whether more than one person heard the statement;
(G) Whether the declarant was suffering pain or distress when
making the statement;
(H) Whether the declarant's young age or disability makes it
unlikely that the declarant fabricated a statement that
represents a graphic, detailed account beyond the knowledge and
experience of the declarant;
(I) Whether the statement has internal consistency or coherence
and uses terminology appropriate to the declarant's age or to the
extent of the declarant's disability if the declarant is a person
with developmental disabilities;
(J) Whether the statement is spontaneous or directly responsive
to questions; and
(K) Whether the statement was elicited by leading questions.
(c) This subsection applies to all civil, criminal and juvenile
proceedings.
(d) This subsection applies to a child declarant or an adult
declarant with developmental disabilities. For the purposes of
this subsection, 'developmental disabilities' means any
disability attributable to mental retardation, autism, cerebral
palsy, epilepsy or other disabling neurological condition that
requires training or support similar to that required by persons
with mental retardation, if either of the following apply:
(A) The disability originates before the person attains 22
years of age, or if the disability is attributable to mental
retardation the condition is manifested before the person attains
18 years of age, the disability can be expected to continue
indefinitely, and the disability constitutes a substantial
handicap to the ability of the person to function in society.
(B) The disability results in a significant subaverage general
intellectual functioning with concurrent deficits in adaptive
behavior that are manifested during the developmental period.
(19) Reputation among members of a person's family by blood,
adoption or marriage, or among a person's associates, or in the
community, concerning a person's birth, adoption, marriage,
divorce, death, legitimacy, relationship by blood or adoption or
marriage, ancestry, or other similar fact of a person's personal
or family history.
(20) Reputation in a community, arising before the controversy,
as to boundaries of or customs affecting lands in the community,
and reputation as to events of general history important to the
community or state or nation in which located.
(21) Reputation of a person's character among associates of the
person or in the community.
(22) Evidence of a final judgment, entered after a trial or
upon a plea of guilty, but not upon a plea of no contest,
adjudging a person guilty of a crime other than a traffic
offense, to prove any fact essential to sustain the judgment, but
not including, when offered by the government in a criminal
prosecution for purposes other than impeachment, judgments
against persons other than the accused. The pendency of an appeal
may be shown but does not affect admissibility.
(23) Judgments as proof of matters of personal, family or
general history, or boundaries, essential to the judgment, if the
same would be provable by evidence of reputation.
(24) Notwithstanding the limits contained in subsection (18a)
of this section, in any proceeding in which a child under 12
years of age at the time of trial, or a person with developmental
disabilities as described in subsection (18a)(d) of this section,
may be called as a witness to testify concerning an act of abuse,
as defined in ORS 419B.005, or sexual conduct performed with or
on the child or person with developmental disabilities by
another, the testimony of the child or person with developmental
disabilities taken by contemporaneous examination and
cross-examination in another place under the supervision of the
trial judge and communicated to the courtroom by closed circuit
television or other audiovisual means. Testimony will be allowed
as provided in this subsection only if the court finds that there
is a substantial likelihood, established by expert testimony,
that the child or person with developmental disabilities will
suffer severe emotional or psychological harm if required to
testify in open court. If the court makes such a finding, the
court, on motion of a party, the child, the person with
developmental disabilities or the court in a civil proceeding, or
on motion of the district attorney, the child or the person with
developmental disabilities in a criminal or juvenile proceeding,
may order that the testimony of the child or the person with
developmental disabilities be taken as described in this
subsection. Only the judge, the attorneys for the parties, the
parties, individuals necessary to operate the equipment and any
individual the court finds would contribute to the welfare and
well-being of the child or person with developmental disabilities
may be present during the testimony of the child or person with
developmental disabilities.
(25)(a) Any document containing data prepared or recorded by
the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E),
or pursuant to ORS 475.235 (3), if the document is produced by
data retrieval from the Law Enforcement Data System or other
computer system maintained and operated by the Oregon State
Police, and the person retrieving the data attests that the
information was retrieved directly from the system and that the
document accurately reflects the data retrieved.
(b) Any document containing data prepared or recorded by the
Oregon State Police that is produced by data retrieval from the
Law Enforcement Data System or other computer system maintained
and operated by the Oregon State Police and that is
electronically transmitted through public or private computer
networks under a digital signature adopted by the Oregon State
Police pursuant to ORS 192.825 to 192.855 if the person receiving
the data attests that the document accurately reflects the data
received.
(c) Notwithstanding any statute or rule to the contrary, in any
criminal case in which documents are introduced under the
provisions of this subsection, the defendant may subpoena the
criminalist or other person that generated or keeps the original
document for the purpose of testifying at the preliminary hearing
and trial of the issue. Except as provided in ORS 44.550 to
44.566, no charge shall be made to the defendant for the
appearance of the criminalist or other person.
(26)(a) A statement that purports to narrate, describe, report
or explain an incident of domestic violence, as defined in ORS
135.230, made by a victim of the domestic violence within 24
hours after the incident occurred, if the statement:
(A) Was recorded, either electronically or in writing, or was
made to a peace officer as defined in ORS 161.015, corrections
officer, youth { - corrections - } { + correction + }
officer, parole and probation officer, emergency medical
technician or firefighter; and
(B) Has sufficient indicia of reliability.
(b) In determining whether a statement has sufficient indicia
of reliability under paragraph (a) of this subsection, the court
shall consider all circumstances surrounding the statement. The
court may consider, but is not limited to, the following factors
in determining whether a statement has sufficient indicia of
reliability:
(A) The personal knowledge of the declarant.
(B) Whether the statement is corroborated by evidence other
than statements that are subject to admission only pursuant to
this subsection.
(C) The timing of the statement.
(D) Whether the statement was elicited by leading questions.
(E) Subsequent statements made by the declarant. Recantation by
a declarant is not sufficient reason for denying admission of a
statement under this subsection in the absence of other factors
indicating unreliability.
(27)(a) A statement not specifically covered by any of the
foregoing exceptions but having equivalent circumstantial
guarantees of trustworthiness, if the court determines that:
(A) The statement is relevant;
(B) The statement is more probative on the point for which it
is offered than any other evidence that the proponent can procure
through reasonable efforts; and
(C) The general purposes of the Oregon Evidence Code and the
interests of justice will best be served by admission of the
statement into evidence.
(b) A statement may not be admitted under this subsection
unless the proponent of it makes known to the adverse party the
intention to offer the statement and the particulars of it,
including the name and address of the declarant, sufficiently in
advance of the trial or hearing, or as soon as practicable after
it becomes apparent that such statement is probative of the
issues at hand, to provide the adverse party with a fair
opportunity to prepare to meet it.
{ + NOTE: + } Eliminates gender-specific language in (12);
corrects job title in (26)(a)(A).
SECTION 12. ORS 40.510 is amended to read:
40.510. Extrinsic evidence of authenticity as a condition
precedent to admissibility is not required with respect to the
following:
(1) A document bearing a seal purporting to be that of the
United States, or of any state, district, commonwealth,
territory, or insular possession thereof, or the Panama Canal
Zone, or the Trust Territory of the Pacific Islands, or of a
political subdivision, department, officer, or agency thereof,
and a signature purporting to be an attestation or execution.
(2) A document purporting to bear the signature, in an official
capacity, of an officer or employee of any entity included in
subsection (1) of this section, having no seal, if a public
officer having a seal and having official duties in the district
or political subdivision of the officer or employee certifies
under seal that the signer has the official capacity and that the
signature is genuine.
(3) A document purporting to be executed or attested in an
official capacity by a person authorized by the laws of a foreign
country to make the execution or attestation, and accompanied by
a final certification as to the genuineness of the signature and
official position of (A) the executing or attesting person, or
(B) any foreign official whose certificate of genuineness of
signature and official position relates to the execution or
attestation or is in a chain of certificates of genuineness of
signature and official position relating to the execution or
attestation. A final certification may be made by a secretary of
embassy or legation, consul general, consul, vice consul, or
consular agent of the United States, or a diplomatic or consular
official of the foreign country assigned or accredited to the
United States. If reasonable opportunity has been given to all
parties to investigate the authenticity and accuracy of official
documents, the court may, for good cause shown, order that they
be treated as presumptively authentic without final certification
or permit them to be evidenced by an attested summary with or
without final certification.
(4) A copy of an official record or report or entry therein, or
of a document authorized by law to be recorded or filed and
actually recorded or filed in a public office, including data
compilations in any form, certified as correct by the custodian
or other person authorized to make the certification, by
certificate complying with subsection (1), (2) or (3) of this
section or otherwise complying with any law or rule prescribed by
the Supreme Court.
(5) Books, pamphlets or other publications purporting to be
issued by public authority.
(6) Printed materials purporting to be newspapers or
periodicals.
(7) Inscriptions, signs, tags or labels purporting to have been
affixed in the course of business and indicating ownership,
control or origin.
(8) Documents accompanied by a certificate of acknowledgment
executed in the manner provided by law by a notary public or
other officer authorized by law to take acknowledgments.
(9) Commercial paper, signatures thereon and documents relating
thereto to the extent provided by ORS chapters 71 to 83.
(10) Any signature, documents or other matter declared by law
to be presumptively or prima facie genuine or authentic.
(11)(a) A document bearing a seal purporting to be that of a
federally recognized Indian tribal government or of a political
subdivision, department, officer, or agency thereof, and a
signature purporting to be an attestation or execution.
(b) A document purporting to bear the signature, in an official
capacity, of an officer or employee of any entity included in
paragraph (a) of this subsection, having no seal, if a public
officer having a seal and having official duties in the district
or political subdivision or the officer or employee certifies
under seal that the signer has the official capacity and that the
signature is genuine.
(12)(a) Any document containing data prepared or recorded by
the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E),
or pursuant to ORS 475.235 (3), if the document is produced by
data retrieval from the Law Enforcement Data System or other
computer system maintained and operated by the Oregon State
Police, and the person retrieving the data attests that the
information was retrieved directly from the system and that the
document accurately reflects the data retrieved.
(b) Any document containing data prepared or recorded by the
Oregon State Police that is produced by data retrieval from the
Law Enforcement Data System or other computer system maintained
and operated by the Oregon State Police and that is
electronically transmitted through public or private computer
networks under a digital signature adopted by the Oregon State
Police pursuant to ORS 192.825 to 192.855 if the person receiving
the data attests that the document accurately reflects the data
received.
{ + (13) For the purposes of this section, 'signature'
includes any symbol executed or adopted by a party with present
intention to authenticate a writing. + }
{ + NOTE: + } Inserts appropriate definition.
SECTION 13. { + ORS 42.005 is repealed. + }
{ + NOTE: + } Repeals obsolete provision.
SECTION 14. ORS 59.015 is amended to read:
59.015. As used in the Oregon Securities Law, unless the
context otherwise requires:
(1) 'Broker-dealer' means a person who engages, all or part of
the time, in effecting transactions in securities for the account
of others or for the person's own account. ' Broker-dealer' does
not include:
(a) An issuer effecting sales in its own securities;
(b) The following institutions:
(A) A financial institution or trust company, as defined in ORS
706.008; or
(B) A bank holding company, as defined in ORS 706.008, holding
an institution described in subparagraph (A) of this paragraph; a
savings and loan holding company as defined in section 408 of the
National Housing Act, 12 U.S.C. section 1730a, holding an
association described in subparagraph (A) of this paragraph; the
subsidiaries and affiliates of the bank holding company or
savings and loan holding company; or subsidiaries and affiliates
of institutions described in subparagraph (A) of this paragraph,
if the appropriate statutory regulatory authority is exercising
control over, or is regulating or supervising the person in the
sale of securities in accord with the purposes of the Oregon
Securities Law;
(c) A person who has no place of business in this state
effecting transactions in this state exclusively with
broker-dealers;
(d) A person effecting sales exempted by ORS 59.035;
(e) A salesperson { - , as defined in this section - } ;
(f) A person effecting sales of securities owned by the person
registered for sale pursuant to ORS 59.065;
(g) A person effecting sales of securities exempted by ORS
59.025 (7);
(h) A person licensed as a mortgage banker or a mortgage broker
under ORS 59.840 to 59.965 when effecting sales of securities
involving real estate paper registered for sale pursuant to ORS
59.065; or
(i) A person designated by rule or order by the director.
(2) 'Control' means the possession, directly or indirectly, of
the power to direct or cause the direction of the management and
policies of a person, whether through the ownership of voting
securities, by contract, or otherwise.
(3) 'Director' means the Director of the Department of Consumer
and Business Services.
(4) 'Federal covered investment adviser' means a person who is
registered as an investment adviser pursuant to section 203 of
the Investment Advisers Act of 1940, as amended.
(5) 'Federal covered security' means any security that is a
covered security under section 18 of the Securities Act of 1933,
as amended, and for which such Act provides that the director may
require filing of a notice and payment of a fee.
(6) 'Fraud,' 'deceit' and 'defraud' are not limited to
common-law deceit.
(7) 'Guaranteed' means guaranteed as to payment of principal,
interest or dividends.
(8)(a) 'Investment adviser representative' means any partner,
officer, director or person occupying a similar status or
performing a similar function, or other individual, except
clerical or ministerial personnel, who is employed by or
associated with:
(A) A state investment adviser that is licensed or required to
be licensed in this state and who does any of the following:
(i) Makes any recommendations or otherwise renders advice
regarding securities;
(ii) Manages accounts or portfolios of clients;
(iii) Determines which recommendation or advice regarding
securities should be given;
(iv) Solicits, offers or negotiates for the sale of or sells
investment advisory services; or
(v) Supervises employees acting under this subparagraph; or
(B) A federal covered investment adviser, subject to the
limitations of section 203A of the Investment Advisers Act of
1940, as amended, as the director may designate by rule or order.
(b) 'Investment adviser representative' does not include a
person designated by rule or order of the director.
(9) 'Issuer' means a person who issues, proposes to issue or
has issued a security and includes an issuer to be formed. With
respect to certificates of deposit, voting-trust certificates or
collateral-trust certificates, or with respect to certificates of
interest or shares in an unincorporated investment trust not
having a board of directors or persons performing similar
functions or of the fixed, restricted management or unit type,
the ' issuer' is the person or persons performing the acts and
assuming the duties of depositor or manager pursuant to the
provisions of the trust or other instrument or agreement under
which the security is issued.
(10) 'License' means a license as provided under the Oregon
Securities Law.
(11) 'Mortgage banker' means a mortgage banker as defined in
ORS 59.840.
(12) 'Mortgage broker' means a mortgage broker as defined in
ORS 59.840.
(13) 'Offer' or 'offer to sell' includes every attempt or offer
to dispose of, or solicitation of an offer to buy, a security or
interest in a security for value. Every sale or offer of a
warrant or right to purchase or subscribe to another security of
the same or another issuer, as well as every sale or offer of a
security which gives the holder a present or future right or
privilege to convert into another security of the same or another
issuer, is considered to include an offer of the other security.
(14) 'Person' includes an individual, a joint venture, a
partnership, a cooperative, a limited liability company, an
association, a joint stock company, a corporation, a trust, an
unincorporated organization or a government or political
subdivision of a government.
(15) 'Real estate paper' means any obligation secured or
purportedly secured by an interest in real property. Real estate
paper includes, but is not limited to, mortgage-backed
securities, collateralized mortgage obligations, and real estate
mortgage investment conduits.
(16) 'Registered' means registered as provided in the Oregon
Securities Law.
(17)(a) 'Sale' or 'sell' includes every contract of sale of,
contract to sell, or disposition of, a security or interest in a
security for value. Any security given or delivered with, or as a
bonus on account of, a purchase of securities or any other thing
shall constitute a part of the subject of the purchase and shall
have been offered and sold for value. A gift of assessable stock
by or for any issuer or promoter shall constitute a sale.
(b) For purposes of the authority of the director under ORS
59.245 and 59.255, the terms 'sale' and 'sell' include the terms
'offer' and 'offer to sell' { - as defined in this section - }
.
(c) 'Sale' and 'sell' do not include:
(A) A bona fide pledge or loan of securities;
(B) A bona fide security dividend, whether the corporation
distributing the dividend is the issuer of the security or not,
if nothing of value is given by the recipients for the dividend
other than payments in connection with the elimination of
fractional shares; or
(C) An act incident to a judicially approved reorganization in
which a security is issued in exchange for one or more
outstanding securities, claims or property interests, or partly
in such exchange and partly for cash.
(18)(a) 'Salesperson' means:
(A) A person, other than a broker-dealer, who represents or
purports to represent a broker-dealer, issuer or owner of
securities in effecting or attempting to effect in any manner
transactions in securities.
(B) A person, other than a person licensed as a mortgage banker
or mortgage broker under ORS 59.840 to 59.965, who represents or
purports to represent the issuer, owner, or mortgage banker or
mortgage broker licensed under ORS 59.840 to 59.965 in effecting
sales of securities or involving real estate paper registered for
sale pursuant to ORS 59.065.
(b) 'Salesperson' does not include:
(A) A person who represents an issuer in effecting sales in a
security exempted by ORS 59.025;
(B) A person who represents an issuer in effecting sales
exempted by ORS 59.035;
(C) A person who represents an issuer in effecting sales with
existing partners or directors of the issuer, if no commission or
other remuneration is paid or given directly or indirectly for
soliciting any person in this state;
(D) An employee of an institution or organization described in
subsection (1)(b) of this section to the extent the employee is
not a dual employee of the institution and a broker-dealer;
(E) A person effecting transactions in this state limited to
those transactions described in section 15(h)(2) and (3) of the
Securities Exchange Act of 1934, as amended; or
(F) A person designated by rule or order by the director.
(c) A person who is a partner, director or officer of a
broker-dealer, issuer or owner of securities, or a person who
occupies a similar status or performing similar functions, is a '
salesperson' only if the person otherwise comes within this
definition.
(19)(a) 'Security' means a note, stock, treasury stock, bond,
debenture, evidence of indebtedness, certificate of interest or
participation in a pension plan or profit-sharing agreement,
collateral-trust certificate, preorganization certificate or
subscription, transferable share, investment contract,
voting-trust certificate, certificate of deposit for a security,
certificate of interest or participation in an oil, gas, or
mining title or lease or in payments out of production under such
title or lease, real estate paper sold by a broker-dealer,
mortgage banker, mortgage broker or a person described in
subsection (1)(b) of this section to persons other than persons
enumerated in ORS 59.035 (4), or, in general, any interest or
instrument commonly known as a 'security,' or any certificate of
interest or participation in, temporary or interim certificates
for, receipt for, guarantee of, or warrant or right to subscribe
to or purchase any of the foregoing.
(b) 'Security' does not include:
(A) An insurance or endowment policy or annuity contract under
which an insurance company promises to pay a fixed or variable
sum of money either in a lump sum or periodically for life or
some other specified period;
(B) A beneficial interest in a voluntary inter vivos trust
unless the trust is created solely for the purpose of voting or
is part of an attempt to evade the provisions of ORS 59.005 to
59.370; or
(C) A beneficial interest in a testamentary trust.
(20)(a) 'State investment adviser' means a person who, for
compensation:
(A) Engages all or part of the time of the person, in this
state, in the business of advising others, either directly or by
mail or through publication or writing, as to the value of
securities or as to the advisability of investing in, purchasing
or selling securities;
(B) Engages all or part of the time of the person, in this
state, in the business of managing an investment or trading
account in securities for other persons; or
(C) Issues or promulgates, as part of a regular business in
this state, analyses or reports concerning securities.
(b) 'State investment adviser' does not include:
(A) An investment adviser representative;
(B) An institution or organization described in subsection
(1)(b) of this section;
(C) A licensed broker-dealer whose performance of investment
advisory services is solely incidental to the conduct of business
as a broker-dealer and who receives no special compensation for
such services;
(D) A salesperson licensed to a broker-dealer whose performance
of investment advisory services is solely incidental to that
person's activities as a salesperson and who receives no special
compensation for such services;
(E) A publisher of or contributor to a bona fide newspaper,
newsmagazine, investment manual or service, or business or
financial publication of general, regular and paid circulation;
(F) A person whose only clients are federal covered investment
advisers, state investment advisers, broker-dealers, mortgage
bankers, mortgage brokers, banks, savings institutions or trust
companies, insurance companies, investment companies as defined
in the Investment Company Act of 1940, as amended, pension or
profit-sharing trusts, or other financial institutions or
institutional buyers, whether acting for themselves or as
trustees;
(G) A duly licensed lawyer, engineer or accountant whose
performance of investment advisory services is solely incidental
to the practice of the profession;
(H) A person whose advice, analyses or reports relate only to
securities exempted by ORS 59.025 (1);
(I) A federal covered investment adviser in compliance with ORS
59.165 (7);
(J) A person, advising others, that has no place of business in
this state and during the preceding 12-month period has had fewer
than six clients, other than those persons included in
subparagraph (F) of this paragraph, who are residents of this
state; or
(K) Such other persons as the director may by rule or order
designate.
{ + NOTE: + } Deletes superfluous language in (1)(e) and
(17)(b).
SECTION 15. ORS 59.049 is amended to read:
59.049. Federal covered securities may be offered and sold in
this state without registration, subject to the following:
(1) Unless otherwise exempt from registration under ORS 59.025
or 59.035, any federal covered security that is subject to
section 18(b)(2) of the Securities Act of 1933, as amended, may
be offered and sold only upon a filing of a notice with, and the
payment of the required fee to, the Director of the Department of
Consumer and Business Services. In lieu of the notice, an issuer
may file a copy of its registration statement as filed with the
Securities and Exchange Commission together with fees required
under this subsection. The form of notice shall be prescribed by
the director. The required fee shall be $350 for all investment
companies other than unit investment trusts, or $150 for unit
investment trusts. The fee shall not be refundable. The effective
date of the notice shall be the later of the date the notice is
received by the director or the date specified by the filer of
the notice.
(2) Unless otherwise exempt from registration under ORS 59.025
or 59.035, any federal covered security that is subject to
section 18(b)(3) or (4), other than section 18(b)(4)(D), of the
Securities Act of 1933, as amended, may be offered and sold only
upon a filing of a notice with, and the payment of the required
fee to, the director. The form of notice shall be prescribed by
the director. The required fee shall be equal to $1 per $1,000 of
the aggregate price of the securities which are to be offered in
this state on the first $100,000 or fraction thereof, 50 cents
per $1,000 on the next $200,000 or fraction thereof and $25 per
$100,000 for each additional $100,000 or fraction thereof, but in
no case shall the fee be less than $25 or more than $500. The fee
shall not be refundable. The effective date of the notice shall
be the later of the date the notice is received by the director
or the date specified by the filer of the notice.
(3) Unless otherwise exempt from registration under ORS 59.025
or 59.035, any federal covered security that is subject to
section 18(b)(4)(D) of the Securities Act of 1933, as amended,
may be offered and sold only upon a filing of a notice with, and
the payment of the required fee to, the director, not later than
15 days after the first sale of such federal covered security in
this state. The notice shall be filed on { - SEC - }
{ + Securities and Exchange Commission + } Form D or on a form
of notice prescribed by the director. The required fee shall be
equal to $1 per $1,000 of the aggregate price of the securities
which are to be offered in this state on the first $100,000 or
fraction thereof, 50 cents per $1,000 on the next $200,000 or
fraction thereof and $25 per $100,000 for each additional
$100,000 or fraction thereof, but in no case shall the fee be
less than $25 or more than $500. The fee shall not be refundable.
The effective date of the notice shall be the later of the date
the notice is received by the director or the date specified by
the filer of the notice.
(4) The director may issue an order suspending the offer and
sale of a federal covered security if the director finds that
there is a failure to comply with any requirement under this
section.
(5) Notwithstanding the provisions of this section, until
October 10, 1999, the director may require the registration of
any federal covered security for which the fees required by this
section have not been promptly paid following written
notification from the director to the issuer of the nonpayment or
underpayment of such fees. An issuer shall be considered to have
promptly paid the fees if they are remitted to the director
within 15 days following the delivery of written notification by
the director.
(6)(a) The filer of a notice under subsections (1) to (3) of
this section shall amend the notice when there is a change in the
name of the offering or, in the case of offerings for which
notice is filed pursuant to subsection (2) or (3) of this
section, when there is an increase in the aggregate price of the
securities which are to be offered in this state. There is no fee
required for an amendment that does not increase the aggregate
offering amount. Notices amending the aggregate offering amount
shall include fees calculated in accordance with subsection (2)
or (3) of this section, less amounts previously paid under the
prior notice filing but in no event shall the fee be less than
$25. The fee shall not be refundable.
(b) If an issuer or person sells federal covered securities in
this state for a price in excess of the aggregate price for which
fees were initially paid under this section, the seller shall pay
a fee of three times the difference between the initial fee paid
and the fee required under this section for the federal covered
securities sold in this state. However, the additional fee shall
not be less than $25. The fee shall not be refundable.
(7) The director, by rule or otherwise, may waive any or all of
the provisions of this section.
{ + NOTE: + } Sets forth official title in (3).
SECTION 16. ORS 60.001 is amended to read:
60.001. As used in this chapter:
(1) 'Anniversary' means that day each year exactly one or more
years after:
(a) The date of filing by the Secretary of State of the
articles of incorporation in the case of a domestic corporation.
(b) The date of filing by the Secretary of State of an
application for authority to transact business in the case of a
foreign corporation.
(2) 'Articles of incorporation' include amended and restated
articles of incorporation, articles of conversion and articles of
merger.
(3) 'Authorized shares' means the shares of all classes a
domestic or foreign corporation is authorized to issue.
(4) 'Conspicuous' means so written that a reasonable person
against whom the writing is to operate should have noticed it.
For example, printing in italics, boldface or contrasting color,
typing in capitals or underlined is conspicuous.
(5) 'Corporation' or 'domestic corporation' means a corporation
for profit, which is not a foreign corporation, incorporated
under or subject to the provisions of this chapter.
(6) 'Distribution' means a direct or indirect transfer of money
or other property, except of a corporation's own shares, or
incurrence of indebtedness by a corporation to or for the benefit
of its shareholders in respect of any of its shares. A
distribution may be in the form of a declaration or payment of a
dividend, a purchase, redemption or other acquisition of shares,
a distribution of indebtedness, or otherwise.
(7) 'Employee' includes an officer but not a director. A
director may accept duties that make the director also an
employee.
(8) 'Entity' includes a corporation, foreign corporation,
nonprofit corporation, profit and nonprofit unincorporated
association, business trust, estate, partnership, trust, two or
more persons having a joint or common economic interest, any
state, the United States and any foreign government.
(9) 'Foreign corporation' means a corporation for profit
incorporated under a law other than the law of this state.
(10) 'Governmental subdivision' includes an authority, county,
district and municipality.
(11) 'Includes' denotes a partial definition.
(12) 'Individual' means a natural person.
(13) 'Means' denotes an exhaustive definition.
(14) 'Office,' when used to refer to the administrative unit
directed by the Secretary of State, means the office of the
Secretary of State.
(15) 'Person' includes individual and entity.
(16) 'Principal office' means the office, in or out of this
state, where the principal executive offices of a domestic or
foreign corporation are located and designated in the annual
report or application for authority to transact business in this
state.
(17) 'Proceeding' includes civil, criminal, administrative and
investigatory action.
{ - (18)(a) 'Proxy' means a written authorization signed or
an electronic transmission authorized by a shareholder or the
shareholder's attorney in fact giving another person or persons
power to vote with respect to the shares of the shareholder. - }
{ - (b) As used in this subsection, 'signed' means the
placing of the shareholder's name or other authorization on the
proxy, whether by manual signature, typewriting, telegraphic or
electronic transmission or otherwise, by the shareholder or the
shareholder's attorney in fact. A proxy may be transmitted by an
oral telephonic communication if it is submitted with information
from which it may be determined that the proxy was authorized by
the shareholder or the shareholder's attorney in fact. - }
{ - (19) - } { + (18) + } 'Record date' means the date
established under this chapter on which a corporation determines
the identity of its shareholders and their shareholdings for
purposes of this chapter. The determinations shall be made as of
the close of business on the record date unless another time for
doing so is specified when the record date is fixed.
{ - (20) - } { + (19) + } 'Share' means the units into
which the proprietary interest in a corporation are divided.
{ - (21) - } { + (20) + } 'Shareholder' means the person in
whose name shares are registered in the records of a corporation
or the beneficial owner of shares to the extent of the rights
granted by a nominee certificate on file with a corporation.
{ - (22) - } { + (21) + } 'State,' when referring to a part
of the United States, includes a state, commonwealth, territory
and insular possession of the United States and its agencies and
governmental subdivisions.
{ - (23) - } { + (22) + } 'Subscriber' means a person who
subscribes for shares in a corporation, whether before or after
incorporation.
{ - (24) - } { + (23) + } 'United States' includes a
district, authority, bureau, commission, department and any other
agency of the United States.
{ - (25) - } { + (24) + } 'Voting group' means all shares
of one or more classes or series that under the articles of
incorporation or this chapter are entitled to vote and be counted
together collectively on a matter at a meeting of shareholders.
All shares entitled by the articles of incorporation or this
chapter to vote generally on the matter are for that purpose a
single voting group.
{ + NOTE: + } Deletes unnecessary definition.
SECTION 17. ORS 60.231 is amended to read:
60.231. (1) A shareholder may vote shares in person or by
proxy.
(2) A shareholder may authorize a person or persons to act for
the shareholder as proxy in any one of the following manners:
(a) A shareholder or the shareholder's designated officer,
director, employee or agent may execute a writing by:
(A) Signing it; or
(B) Causing the shareholder's signature or the signature of the
designated officer, director, employee or agent of the
shareholder to be affixed to the writing by any reasonable means,
including facsimile signature.
(b) A shareholder may transmit or authorize the transmission of
an electronic submission. The electronic submission:
(A) May be transmitted by any electronic means, including data
and voice telephonic communications and computer network;
(B) May be transmitted to:
(i) The person who will be the holder of the proxy;
(ii) The proxy solicitation firm; or
(iii) A proxy support service organization or similar agency
authorized by the person who will be the holder of the proxy to
receive the electronic submission; and
(C) Must either contain or be accompanied by information from
which it can be determined that the electronic submission was
transmitted by or authorized by the shareholder.
(c) Any other method allowed by law.
(3) A copy, facsimile telecommunication or other reliable
reproduction of the writing or electronic submission created
under subsection (2)(a) or (b) of this section may be used
instead of the original writing or electronic submission for all
purposes for which the original writing or electronic submission
may be used if the copy, facsimile telecommunication or other
reproduction is a complete copy of the entire original writing or
electronic submission.
(4) An authorization of a proxy is effective when received by
the secretary or other officer or agent authorized to tabulate
votes. An authorization is valid for 11 months unless a longer
period is expressly provided in the authorization form.
(5) An authorization of a proxy is revocable by the shareholder
unless the authorization conspicuously states that it is
irrevocable and the authorization is coupled with an interest.
Authorizations coupled with an interest include the authorization
of:
(a) A pledgee;
(b) A person who purchased or agreed to purchase the shares;
(c) A creditor of the corporation who extended it credit under
terms requiring the authorization;
(d) An employee of the corporation whose employment contract
requires the authorization; or
(e) A party to a voting agreement created under ORS 60.257.
(6) The death or incapacity of the shareholder
{ - appointing - } { + authorizing + } a proxy does not affect
the right of the corporation to accept the proxy's authority
unless notice of the death or incapacity is received by the
secretary or other officer or agent authorized to tabulate votes
before the proxy exercises the proxy's authority under the
authorization.
(7) An authorization made irrevocable under subsection (5) of
this section is revoked when the interest with which it is
coupled is extinguished.
(8) A transferee for value of shares subject to an irrevocable
authorization may revoke the authorization if the transferee did
not know of its existence when the transferee acquired the shares
and the existence of the irrevocable authorization was not noted
conspicuously on the certificate representing the shares or on
the information statement for shares without certificates.
(9) Subject to ORS 60.237 and to any express limitation on the
proxy's authority appearing on the face of the authorization
form, a corporation is entitled to accept the proxy's vote or
other action as that of the shareholder making the authorization.
{ + NOTE: + } Corrects word choice in (6).
SECTION 18. ORS 60.494 is amended to read:
60.494. (1) After a plan of merger or share exchange is
approved by the owners of each business entity, or adopted by a
board of directors if shareholder approval is not required, the
surviving or acquiring business entity shall deliver to the
office of the Secretary of State, for filing, articles of merger
{ + or articles of share exchange + } setting forth:
(a) The plan of merger or share exchange;
(b) For each corporation that is a party to the merger or share
exchange:
(A) If shareholder approval was not required, a statement to
that effect; or
(B) If shareholder approval was required:
(i) The designation, number of outstanding shares and number of
votes entitled to be cast by each voting group entitled to vote
separately on the plan as to each corporation; and
(ii) The total number of votes cast for and against the plan by
each voting group entitled to vote separately on the plan; and
(c) For each business entity other than a corporation that is a
party to the merger, a statement that the plan of merger was duly
authorized and approved in accordance with the statutes governing
that business entity.
(2) The merger or share exchange takes effect on the later of
the date and time determined pursuant to ORS 60.011 or the date
and time determined pursuant to the statutes governing any
business entity other than a corporation that is a party to the
merger.
{ + NOTE: + } Inserts correct terminology in (1).
SECTION 19. ORS 60.497 is amended to read:
60.497. (1) When a merger involving a corporation takes effect:
(a) Every other business entity that is a party to the merger
merges into the surviving business entity, and the separate
existence of every other party ceases;
(b) Title to all real estate and other property owned by each
of the business entities that were parties to the merger is
vested in the surviving business entity without reversion or
impairment;
(c) All obligations of each of the business entities that were
parties to the merger, including, without limitation,
contractual, tort, statutory and administrative obligations, are
obligations of the surviving business entity;
(d) An action or proceeding pending against each of the
business entities or its owners that were parties to the merger
may be continued as if the merger had not occurred, or the
surviving business entity may be substituted as a party to the
action or proceeding;
(e) If a corporation is the surviving business entity, its
articles of incorporation are amended to the extent provided in
the plan of merger;
(f) The shares or other ownership interests of each owner that
are to be converted into ownership interests or obligations of
the { - converted - } { + surviving + } business entity or
any other business entity, or into cash or other property, are
converted as provided in the plan of merger;
(g) Liability of an owner for obligations of the business
entity, including, without limitation, contractual, tort,
statutory and administrative obligations, shall be determined:
(A) As to obligations incurred prior to merger, according to
the laws applicable prior to merger; and
(B) As to obligations incurred after merger, according to the
laws applicable after merger, except as provided in paragraph (h)
of this subsection;
(h) If prior to merger an owner of a business entity was a
partner of a partnership or general partner of a limited
partnership and was personally liable for the business entity's
obligations, and after merger is an owner normally protected from
personal liability, then such owner shall continue to be
personally liable for the business entity's obligations incurred
during the 12 months following merger, if the other party or
parties to the transaction reasonably believed that the owner
would be personally liable and had not received notice of the
merger; and
(i) The registration of an assumed business name of a business
entity pursuant to ORS chapter 648 shall continue as the assumed
business name of the surviving business entity.
(2) Owners of the business entities that merged are entitled to
the rights provided in the plan of merger and:
(a) In the case of shareholders, the rights provided in this
chapter; and
(b) In the case of owners of business entities other than
corporations, the rights provided in the statutes applicable to
that business entity, including, without limitation, any rights
to dissent, to dissociate, to withdraw, to recover for breach of
any duty or obligation owed by the other owners, and to obtain an
appraisal or payment for the value of an owner's interest.
(3) When a share exchange takes effect, the shares of each
acquired corporation are exchanged as provided in the plan, and
the former holders of the shares are entitled only to the
exchange rights provided in the articles of share exchange or to
their rights under this chapter.
{ + NOTE: + } Corrects word choice in (1)(f).
SECTION 20. ORS 65.800 is amended to read:
65.800. For purposes of ORS 65.803 to 65.815:
(1) 'Hospital' means a hospital as { - described - }
{ + defined + } in ORS 442.015 { - (14)(a) - } { + (19) + }.
(2) 'Noncharitable entity' means any person or entity that is
not a public benefit or religious corporation and is not wholly
owned or controlled by one or more public benefit or religious
corporations.
{ + NOTE: + } Corrects word choice and subsection reference
in (1). See amendments to 442.015 by section 181.
SECTION 21. ORS 70.070 is amended to read:
70.070. (1) If a document delivered to the Office of
{ - the - } Secretary of State for filing satisfies the
requirements of this chapter, the Secretary of State shall file
it.
(2) The Secretary of State files a document by indicating
thereon that it has been filed by the Secretary of State and the
date of filing. After filing a document, except as provided in
ORS 70.030 and 70.610, the Secretary of State shall return an
acknowledgment of filing to the domestic or foreign limited
partnership or its representative.
(3) If the Secretary of State refuses to file a document, the
Secretary of State shall return the document to the domestic or
foreign limited partnership or its representative within 10
business days after the document was delivered together with a
brief written explanation of the reason for the refusal.
(4) The Secretary of State's duty to file documents under this
section is ministerial. The Secretary of State is not required to
verify or inquire into the legality or truth of any matter
included in any document delivered to the office for filing. The
Secretary of State's filing or refusing to file a document does
not:
(a) Affect the validity or invalidity of the document in whole
or part; or
(b) Relate to the correctness or incorrectness of information
contained in the document.
(5) The Secretary of State's refusal to file a document does
not create a presumption that the document is invalid or that
information contained in the document is incorrect.
{ + NOTE: + } Corrects official title in (1).
SECTION 22. ORS 70.535 is amended to read:
70.535. (1) After a plan of merger is approved by each business
entity that is a party to the merger, the surviving business
entity shall deliver to the Office of { - the - } Secretary of
State, for filing, articles of merger setting forth:
(a) The plan of merger; and
(b) A statement that the plan of merger was duly authorized and
approved by any party that was a limited partnership in
accordance with ORS 70.525, and by any party that was another
business entity in accordance with the statutes governing that
business entity.
(2) The merger takes effect on the latest of:
(a) The filing of the articles of merger;
(b) The filing of all documents required to be filed by the
statute governing any party to the merger that is a business
entity other than a limited partnership; or
(c) Any later effective date specified in the articles of
merger.
{ + NOTE: + } Corrects official title in (1).
SECTION 23. ORS 70.610 is amended to read:
70.610. (1) Each domestic limited partnership and each foreign
limited partnership registered to transact business in this state
shall submit for filing an annual report to the Office of
Secretary of State that includes:
(a) The name of the domestic or foreign limited partnership and
the state or country under the laws of which it is formed;
(b) The street address of its registered office in this state
and the name of its registered agent at that office;
(c) The name and respective address of each general partner of
the domestic or foreign limited partnership;
(d) The category of the classification code as established by
rule of the Secretary of State most closely designating the
primary business activity of the domestic or foreign limited
partnership;
(e) The location of the office in which the records described
in ORS 70.050 are kept;
(f) A mailing address to which the Secretary of State may mail
notices as required by this chapter;
(g) The federal employer identification number of the domestic
or foreign limited partnership; and
(h) Additional identifying information that the Secretary of
State may require by rule.
(2) The annual report shall be on forms prescribed and
furnished by the Secretary of State. The information contained in
the annual report shall be current as of 30 days before the
anniversary of the domestic or foreign limited partnership.
(3) The annual report shall be signed by at least one general
partner, or if the domestic or foreign limited partnership is in
the hands of a receiver or trustee, it shall be signed on behalf
of the partnership by such receiver or trustee.
(4) The Secretary of State shall mail the annual report form to
the address shown for the limited partnership in the current
records of the Office of Secretary of State. The failure of the
limited partnership to receive the annual report form from the
Secretary of State shall not relieve the limited partnership of
its duty to deliver an annual report to the Office of
{ - the - } Secretary of State as required by this section.
(5) If the Secretary of State finds that the report conforms to
the requirements of this chapter and all fees have been paid, the
Secretary of State shall file the report.
(6) If the Secretary of State finds that the report does not
conform to the requirements of this chapter or that the correct
fees have not been paid, the Secretary of State shall notify the
partnership of its error. The partnership must correct the error
within 45 days after the Secretary of State gives the notice.
(7) If the domestic or foreign limited partnership fails to
return the annual report and pay the fees by its anniversary date
or fails to return the corrected annual report or pay the correct
fees within the 45-day period, the Secretary of State shall:
(a) Give the partnership notice by first class mail that a
sufficient report has not been filed and that the partnership is
inactive unless a sufficient report is filed within 45 days after
the mailing of the final notice; and
(b) Note on the records of the Office of Secretary of State
that the partnership is inactive.
(8) A limited partnership may deliver to the Office of
Secretary of State for filing an amendment to the annual report
if a change in the information set forth in the annual report
occurs after the report is delivered to the Office of Secretary
of State for filing and before the next anniversary. This
subsection applies only to a change that is not required to be
made by an amendment to the certificate of limited partnership.
The amendment to the annual report shall set forth:
(a) The name of the limited partnership as shown on the records
of the Office of Secretary of State; and
(b) The information as changed.
{ + NOTE: + } Corrects official title in (4).
SECTION 24. ORS 72.5020 is amended to read:
72.5020. (1) Subject to subsection (2) of this section and even
though the goods have not been shipped a buyer who has paid a
part or all of the price of goods in which the buyer has a
special property under the provisions of { - the immediately
preceding section - } { + ORS 72.5010 + } may on making and
keeping good a tender of any unpaid portion of their price
recover them from the seller if the seller becomes insolvent
within 10 days after receipt of the first installment on their
price.
(2) If the identification creating the special property of the
buyer has been made by the buyer the buyer acquires the right to
recover the goods only if they conform to the contract for sale.
{ + NOTE: + } Corrects ORS reference in (1).
SECTION 25. ORS 83.510 is amended to read:
83.510. As used in ORS 83.510 to 83.680 except where the
context otherwise requires:
(1) 'Cash sale price' means the price for which the seller
would sell to the buyer, and the buyer would buy from the seller,
the motor vehicle { - which - } { + that + } is covered by
the retail installment contract, if the sale were a sale for cash
instead of a retail installment sale. The cash sale price may
include any taxes, registration, license and other fees and
charges for accessories and their installation and for
delivering, servicing, repairing or improving the motor vehicle.
(2) 'Finance charge' means that part of the time sale price
{ - which - } { + that + } exceeds the aggregate of the cash
sale price, the amounts, if any, included in a retail installment
sale for insurance and other benefits, and official fees.
(3) { + (a) + } 'Financing agency' means a person engaged, in
whole or in part, in purchasing or otherwise acquiring retail
installment contracts from one or more retail sellers. { - The
term - } { + ' Financing agency' + } includes, but is not
limited to, financial institutions, as defined in ORS 706.008,
and consumer credit companies, if so engaged. { - The term - }
{ + ' Financing agency' + } also includes a retail seller
engaged, in whole or in part, in the business of holding retail
installment contracts acquired from retail buyers.
{ + (b) + } { - The term - } { + ' Financing agency' + }
does not include the pledgee or other holder of more than one
retail installment contract pledged or otherwise given by a
retail seller, or a transferee from the retail seller, to a
lender as collateral security for a loan made to the retail
seller or transferee of the retail seller.
(4) 'Holder' of a retail installment contract means the retail
seller of the motor vehicle covered by the contract or, if the
contract is purchased or otherwise acquired by a financing agency
or other assignee, the financing agency or other assignee.
(5) 'Mobile home' means a structure, transportable in one or
more sections { - , which - } { + that + } is eight body feet
or more in width and 32 body feet or more in length { - , - }
and { - which - } { + that + } is built on a permanent
chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities.
{ - The term - } { + ' Mobile home' + } includes the
plumbing, heating, air conditioning and electrical systems
contained within the structure.
(6) { + (a) + } 'Motor vehicle' or 'vehicle' means:
{ - (a) - } { + (A) + } A self-propelled device used for
transportation of person or property upon a public highway.
{ - (b) - } { + (B) + } A trailer, semitrailer, mobile home
or trailer home.
{ + (b) + } { - The term - } { + ' Motor vehicle' or
'vehicle' + } does not include tractors, power shovels, road
machinery, agricultural machinery, boat trailers or other
machinery not designed primarily for highway
transportation { + , + } { - but - } which may be used
incidentally to transport persons or property on a public
highway, or devices
{ - which - } { + that + } move upon or are guided by a track
or travel through the air.
(7) 'Official fees' means the filing or other fees required by
law to be paid to a public officer to perfect the interest or
lien, in or on a motor vehicle, retained or taken by a seller
under a retail installment contract, and to file or record a
release, satisfaction or discharge of the contract.
(8) 'Person' means individual, partnership, corporation,
association or other group, however organized.
(9) 'Retail buyer' or 'buyer' means a person who buys a motor
vehicle from a retail seller and who executes a retail
installment contract in connection therewith.
(10) 'Retail installment contract' or 'contract' means an
agreement, entered into in this state, pursuant to which the
title to, the property in or a lien upon a motor vehicle, which
is the subject matter of a retail installment sale, is retained
or taken by a retail seller from a retail buyer as security, in
whole or in part, for the buyer's obligation. { - The term - }
{ + ' Retail installment contract' or 'contract' + } includes a
chattel mortgage, a conditional sales contract and a contract for
the bailment or leasing of a motor vehicle by which the bailee or
lessee contracts to pay as compensation for its use a sum
substantially equivalent to or in excess of its value and by
which it is agreed that the bailee or lessee is bound to become,
or for no other or for a merely nominal consideration has the
option of becoming, the owner of the motor vehicle upon full
compliance with the terms of the contract.
(11) { + (a) + } 'Retail installment sale' or 'sale' means a
sale of a motor vehicle by a retail seller to a retail buyer for
a time sale price payable in one or more installments, payment of
which is secured by a retail installment contract. { - The
term - } { + ' Retail installment sale' or 'sale' + } includes
a bailment or leasing as defined in subsection (10) of this
section.
{ + (b) + } { - It - } { + ' Retail installment sale' or
'sale' + } does not include a sale of a motor vehicle for resale
in the ordinary course of the buyer's business.
(12) 'Retail seller' or 'seller' means a person who sells a
motor vehicle to a retail buyer pursuant to a retail installment
contract.
(13) 'Time sale price' means the aggregate of the cash sale
price of the motor vehicle, the amount, if any, included for
insurance and other benefits, official fees and the finance
charge.
{ + NOTE: + } Conforms subsection structure to legislative
form and style; corrects grammar; futzes with syntax.
SECTION 26. ORS 87.501 is amended to read:
87.501. As used in ORS 87.501 to 87.542, unless the context
requires otherwise:
(1) 'Authorized representative' means a person appointed under
ORS chapter 125 as a guardian or conservator of an individual and
any other person holding funds or receiving benefits or income on
behalf of an individual.
(2) 'Care' means all the services rendered in a long term care
facility, including but not limited to medical care, room and
board, nursing care, administrative costs, supplies, equipment
and ancillary services such as therapies.
(3) 'Decedent' means an individual who has died leaving
property that is subject to administration.
(4) 'Decedent's estate' means the real and personal property of
a decedent, as from time to time changed in form by sale,
reinvestment or otherwise, and augmented by any accretions or
additions thereto and substitutions therefor or diminished by any
decreases and distributions therefrom. The term does not include
assets placed in trust for the decedent by other persons.
(5) 'Long term care facility' means facilities licensed as
skilled { + nursing facilities + } or intermediate care
{ - nursing - } facilities, as { + those terms are + } defined
in ORS 442.015, and residential care facilities and adult foster
homes licensed under ORS chapter 443.
{ + NOTE: + } Corrects terminology in (5).
SECTION 27. ORS 87.570 is amended to read:
87.570. The form of the notice required by ORS 87.565 shall be
substantially as follows:
_________________________________________________________________
Notice is hereby given that ____ has rendered hospitalization
services or medical treatment for ____, a person who was injured
on the __ day of ____ in the city of ____, county of ____, State
of ____, on or about the __ day of ____ , and the ____ (name of
claimant) hereby claims a lien upon any money due or owing or any
claim for compensation, damages, contribution, settlement, award
or judgment from any person alleged to have caused said injuries
and any other person liable for the injury or obligated to
compensate the injured person on account of said injuries. The
lien applies to any person or insurer that provides for payment
for hospitalization services or medical treatment rendered to the
injured person, including an insurer that provides personal
injury protection coverage or similar no-fault medical insurance.
The hospitalization services or medical treatment was rendered to
the injured person between the ____ day of ____ and the __ day of
____ { - ; - } { + . + }
STATEMENT OF AMOUNT DUE
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Thirty days have not elapsed since that time. The claimant's
{ - demands - } { + demand + } for said hospitalization
services or medical treatment is in the sum of $___ and no part
thereof has been paid, except $___, and there is now due and
owing and remaining unpaid thereof, after deducting all credits
and offsets the sum of $___, in which amount lien is hereby
claimed.
________ , Claimant.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Or)gon,
) ss.
County of __
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ____, being first duly sworn on oath say: That I am
____ named in the foregoing claim of lien; that I have read the
same and know the contents thereof and believe the same to be
true.
__________
Subscribed and sworn to before me this __ day of ____ { + ,
2__ + } { - in the year of our Lord ____ - } .
__________ , Notary Public.
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + NOTE: + } Corrects punctuation; corrects word choice;
corrects format of date.
SECTION 28. ORS 90.632 is amended to read:
90.632. (1) A landlord may terminate a month-to-month or fixed
term rental agreement and require the tenant to remove a
manufactured dwelling or floating home from a facility, due to
the physical condition of the manufactured dwelling or floating
home, only by complying with this section and ORS 105.105 to
105.168. A termination shall include removal of the dwelling or
home.
(2) A landlord shall not require removal of a manufactured
dwelling or floating home, or consider a dwelling or home to be
in disrepair or deteriorated, because of the age, size, style or
original construction material of the dwelling or home or because
the dwelling or home was built prior to adoption of the National
Manufactured Home Construction and Safety Standards Act of 1974
(42 U.S.C. 5403), in compliance with the standards of that Act in
effect at that time or in compliance with the state building code
as defined in ORS 455.010.
(3) Except as provided in subsection (5) of this section, if
the tenant's dwelling or home is in disrepair or is deteriorated,
a landlord may terminate a rental agreement and require the
removal of a dwelling or home by giving to the tenant not less
than 30 days' written notice before the date designated in the
notice for termination.
(4) The notice required by subsection (3) of this section
shall:
(a) State facts sufficient to notify the tenant of the causes
or reasons for termination of the tenancy and removal of the
dwelling or home;
(b) State that the tenant can avoid termination and removal by
correcting the cause for termination and removal within the
notice period;
(c) Describe what is required to correct the cause for
termination;
(d) Describe the tenant's right to give the landlord a written
notice of correction, where to give the notice and the deadline
for giving the notice in order to ensure a response by the
landlord, all as provided by subsection (6) of this section; and
(e) Describe the tenant's right to have the termination and
correction period extended as provided by subsection (7) of this
section.
(5) The tenant may avoid termination of the tenancy by
correcting the cause within the period specified. However, if
substantially the same condition that constituted a prior cause
for termination of which notice was given recurs within 12 months
after the date of the notice, the landlord may terminate the
tenancy and require the removal of the dwelling or home upon at
least 30 days' written notice specifying the violation and the
date of termination of the tenancy.
(6) During the termination notice or extension period, the
tenant may give the landlord written notice that the tenant has
corrected the cause for termination. Within a reasonable time
after the tenant's notice of correction, the landlord shall
respond to the tenant in writing, stating whether the landlord
agrees that the cause has been corrected. If the tenant's notice
of correction is given at least 14 days prior to the end of the
termination notice or extension period, failure by the landlord
to respond as required by this subsection shall be a defense to a
termination based upon the landlord's notice for termination.
(7) Except when the disrepair or deterioration creates a risk
of imminent and serious harm to other dwellings, homes or persons
within the facility, the 30-day period provided for the tenant to
correct the cause for termination and removal shall be extended
by at least 60 additional days if:
(a) The necessary correction involves exterior painting, roof
repair, concrete pouring or similar work and the weather prevents
that work during a substantial portion of the 30-day period; or
(b) The nature or extent of the correction work is such that it
cannot reasonably be completed within 30 days because of factors
such as the amount of work necessary, the type and complexity of
the work and the availability of necessary repair persons.
(8) In order to have the period for correction extended as
provided in subsection (7) of this section, a tenant must give
the landlord written notice describing the necessity for an
extension in order to complete the correction work. The notice
must be given a reasonable amount of time prior to the end of the
notice for termination period.
(9) A tenancy shall terminate on the date designated in the
notice and without regard to the expiration of the period for
which, by the terms of the rental agreement, rents are to be
paid. Unless otherwise agreed, rent is uniformly apportionable
from day to day.
(10) This section does not limit a landlord's right to
terminate a tenancy for nonpayment of rent pursuant to ORS 90.400
(2) or for other cause pursuant to ORS 90.380 (3)(b), 90.400 (3)
or (9) or 90.630 by complying with ORS 105.105 to 105.168.
(11) A landlord may give a copy of the notice for termination
required by this section to any lienholder of the dwelling or
home, by first class mail with certificate of mailing or by any
other method allowed by ORS 90.150 (2) and (3). A landlord is not
liable to a tenant for any damages incurred by the tenant as a
result of the landlord giving a copy of the notice in good faith
to a lienholder.
(12) When a tenant has been given a notice for termination
pursuant to this section and has subsequently abandoned the
dwelling or home as described in ORS 90.675 (2), any lienholder
shall have the same rights as provided by ORS 90.675, including
the right to correct the cause of the notice, within the 90-day
period provided by ORS 90.675 { - (18) and - } (19)
notwithstanding the expiration of the notice period provided by
this section for the tenant to correct the cause.
{ + NOTE: + } Deletes incorrect subsection reference in (12).
SECTION 29. { + Notwithstanding any other provision of law,
ORS 97.990 (5)(b) shall not be considered to have been added to
or made a part of ORS 97.740 to 97.760 for the purpose of
statutory compilation or for the application of definitions,
penalties or administrative provisions applicable to statute
sections in that series. + }
{ + NOTE: + } Removes subsection from inappropriate series.
SECTION 30. ORS 100.115 is amended to read:
100.115. (1) When a declaration is made and approved as
required, it shall, upon the payment of the fees provided by law,
be recorded by the recording officer. The fact of recording and
the date thereof shall be entered thereon. At the time of
recording a declaration, the person offering it for record shall
also file an exact copy, certified by the recording officer to be
a true copy thereof, with the county assessor.
(2) A plat of the land described in the declaration, complying
with ORS 92.050, 92.060 (1) and (2), 92.080 and 92.120, shall be
recorded simultaneously with the declaration. Upon request, the
person offering the plat for recording shall also file an exact
copy, certified by the surveyor who made the plat to be an exact
copy of the plat, with the county assessor and the county
surveyor. The exact copy shall be made on { - a - } suitable
drafting material having the characteristics of strength,
stability and transparency required by the county surveyor. The
plat shall:
(a) Show the location of:
(A) All buildings and public roads. The location shall be
referenced to a point on the boundary of the property; and
(B) For a condominium containing units described in ORS 100.020
(3)(b)(C) or (D), the moorage space or floating structure. The
location shall be referenced to a point on the boundary of the
upland property regardless of a change in the location resulting
from a fluctuation in the water level or flow.
(b) Show the designation, location, dimensions and area in
square feet of each unit including:
(A) For units in a building described in ORS 100.020 (3)(b)(A),
the horizontal and vertical boundaries of each unit and the
common elements to which each unit has access. The vertical
boundaries shall be referenced to a known benchmark elevation or
other reference point as approved by the city or county surveyor;
(B) For a space described in ORS 100.020 (3)(b)(B), the
horizontal boundaries of each unit and the common elements to
which each unit has access. If the space is located within a
structure, the vertical boundaries also shall be shown and
referenced to a known benchmark elevation or other reference
point as approved by the city or county surveyor;
(C) For a moorage space described in ORS 100.020 (3)(b)(C), the
horizontal boundaries of each unit and the common elements to
which each unit has access; and
(D) For a floating structure described in ORS 100.020
(3)(b)(D), the horizontal and vertical boundaries of each unit
and the common elements to which each unit has access. The
vertical boundaries shall be referenced to an assumed elevation
of an identified point on the floating structure even though the
assumed elevation may change with the fluctuation of the water
level where the floating structure is moored.
(c) Identify and show, to the extent feasible, the location,
dimensions and area in square feet of all limited common elements
described in the declaration. The plat shall not include any
statement indicating to which unit the use of any noncontiguous
limited common element is reserved.
(d) Include a statement, including signature and official seal,
of a registered architect, registered professional land surveyor
or registered professional engineer certifying that the plat
fully and accurately depicts the boundaries of the units of the
building and that construction of the units and buildings as
depicted on the plat has been completed, except that the
professional land surveyor who prepared the plat need not affix a
seal to the statement.
(e) Include a surveyor's certificate, complying with ORS
92.070.
(f) Include a statement by the declarant that the property and
improvements described and depicted on the plat are subject to
the provisions of ORS 100.005 to 100.625.
(g) Include such signatures of approval as may be required by
local ordinance or regulation.
(h) Include any other information or data not inconsistent with
the declaration that the declarant desires to include.
(i) If the condominium is a flexible condominium, also:
(A) Show the location and dimensions of all variable property
described in the declaration and label all such property as '
VARIABLE PROPERTY.' If there is more than one parcel, label each
parcel with letters or numbers different from those designating
any unit, building or other parcel of variable property.
(B) If any of the variable property is nonwithdrawable,
{ - also - } show the location and dimensions of all
nonwithdrawable variable property and label all such property as
'NONWITHDRAWABLE PROPERTY.' If there is more than one parcel,
label each parcel with letters or numbers different from those
designating any unit, building, parcel or variable property or
other parcel of ' nonwithdrawable variable property. '
(3) The supplemental plat required under ORS 100.150 (1) shall
be recorded simultaneously with the supplemental declaration.
Upon request, the person offering the supplemental plat for
recording shall also file an exact copy, certified by the
surveyor who made the plat to be an exact copy of the plat, with
the county assessor and the county surveyor. The exact copy shall
be made on { - a - } suitable drafting material having the
characteristics of strength, stability and transparency required
by the county surveyor. The supplemental plat shall:
(a) Comply with ORS 92.050, 92.060 (1), (2) and (4), 92.080,
92.120 and subsection (4) of this section.
(b) If any property is withdrawn:
(A) Show the resulting perimeter boundaries of the condominium
after the withdrawal; and
(B) Show the information required under subsection (2)(i) of
this section as it relates to any remaining variable property.
(c) If any property is reclassified, show the information
required under subsection (2)(a) to (d) of this section.
(d) Include a 'Declarant's Statement' that the property
described on the supplemental plat is reclassified or withdrawn
from the condominium and that the condominium exists as described
and depicted on the plat.
(e) Include a surveyor's affidavit complying with ORS 92.070.
(4) Before a plat or a supplemental plat may be recorded, it
must be approved by the city or county surveyor as provided in
ORS 92.100. Before approving the plat as required by this
section, the city or county surveyor shall check the boundaries
of the plat and units and shall take such measurements and make
such computations as are necessary to determine that the plat
complies with this section. For performing that service, the city
surveyor or county surveyor shall collect from the person
offering the plat for approval a fee of $150 plus $25 per
building. The governing body of a city or county may establish a
higher fee by resolution or order.
(5)(a) Whenever variable property is reclassified or withdrawn
as provided in ORS 100.155 (1) or (2) or property is removed as
provided in ORS 100.600 (2), the county surveyor shall, upon all
previously recorded plats relating to the variable property or
property being removed and upon any copy thereof certified by the
county clerk, trace, shade or make other appropriate marks or
notations, including the date and the surveyor's name or
initials, with archival quality black ink in such manner as to
denote the reclassification, withdrawal or removal. The recording
index numbers and date of recording of the supplemental
declaration and plat or amendment and amended plat shall also be
referenced on each plat.
(b) For performing the activities described in this subsection,
the county clerk shall collect a fee set by the county governing
body. The county clerk shall also collect a fee set by the county
governing body to be paid to the county surveyor for services
provided under this section.
(6) In addition to the provisions of subsection (7) of this
section, a plat, including any floor plans that are a part of the
plat, may be amended as provided in this subsection.
(a)(A) Except as otherwise provided in ORS 100.600, a change to
the boundary of the property, a unit or a limited common element
or a change to the configuration of other information required to
be graphically depicted on the plat shall be made by a plat
entitled 'Plat Amendment' that shall reference in the title of
the amendment the recording information of the original plat and
any previous plat amendments.
(B) The plat amendment shall comply with ORS 92.050, 92.060
(1), (2) and (4), 92.080 and 92.120 and shall include:
(i) A graphic depiction of the change.
(ii) For a change to the boundary of the property, a surveyor's
certificate, complying with ORS 92.070.
(iii) For a change to a boundary of a unit or a limited common
element or a change to other information required to be
graphically depicted, the statement of a registered architect,
registered professional land surveyor or registered professional
engineer described in subsection (2)(d) of this section.
(iv) A declaration by the chairperson and secretary on behalf
of the association of unit owners that the plat is being amended
pursuant to this subsection. Such declaration shall be executed
and acknowledged in the manner provided for acknowledgement of
deeds.
(C) The plat amendment shall be accompanied by an amendment to
the declaration authorizing such plat amendment. The declaration
amendment shall be executed, approved and recorded in accordance
with ORS 100.110 and 100.135.
(D) Before a plat amendment may be recorded, it must be
approved by the city or county surveyor as provided in ORS
92.100. The surveyor shall approve the plat amendment if it
complies with the requirements of this subsection.
(E) Upon request, the person offering the plat amendment for
recording shall also file an exact copy, certified by the
surveyor who made the plat to be an exact copy of the plat
amendment, with the county assessor and the county surveyor. The
exact copy shall be made on suitable drafting material having the
strength, stability and transparency required by the county
surveyor.
(b)(A) A change to a restriction or other information not
required to be graphically depicted on the plat may be made by
amendment of the declaration without a plat amendment described
in paragraph (a) of this subsection. An amendment under this
paragraph shall include:
(i) A reference to recording index numbers and date of
recording of the declaration, plat and any applicable
supplemental declarations, amendments, supplemental plats or plat
amendments.
(ii) A description of the change to the plat.
(iii) A statement that the amendment was approved in accordance
with the declaration and ORS 110.135.
(B) The amendment shall be executed, approved and recorded in
accordance with ORS 100.110 and 100.135.
(C) Before the amendment may be recorded, it must be approved
by the city or county surveyor as provided in ORS 92.100. The
surveyor shall approve the amendment if it complies with this
subsection. Such approval shall be evidenced by execution of the
amendment or by written approval attached thereto.
(c)(A) Floor plans of a condominium for which a plat was not
required at the time of creation may be amended by an amendment
to the declaration. An amendment under this paragraph shall
include:
(i) A reference to recording index numbers and date of
recording of the declaration and any applicable supplemental
declarations or amendments.
(ii) A description of the change to the floor plans.
(iii) A graphic depiction of any change to the boundaries of a
unit or common element and a statement by a registered architect,
registered professional land surveyor or registered professional
engineer certifying that such graphic depiction fully and
accurately depicts the boundaries of the unit or common element
as it currently exists.
(B) The amendment shall be approved and recorded in accordance
with ORS 100.110 and 100.135 except that any change to the floor
plans need only comply with the requirements of the unit
ownership laws in effect at the time the floor plans were
initially recorded.
(d) After recording of any declaration amendment or plat
amendment pursuant to this subsection, the county surveyor shall,
upon all previously recorded plats relating to the condominium
and any copies filed under ORS 92.120 (3), make such appropriate
marks or notations, including the date and the surveyor's name or
initials, with archival quality black ink in such manner as to
denote the changes. The recording index numbers and date of
recording of the declaration amendment and any plat amendment
shall also be referenced on each plat. For performing the
services described in this subsection, the county surveyor shall
collect from the person offering the plat amendment or
declaration amendment for approval a fee established by the
county governing body.
(7) The following may be amended by an affidavit of correction
in accordance with ORS 92.170:
(a) A plat, whenever recorded.
(b) Floor plans recorded prior to October 15, 1983.
{ + NOTE: + } Deletes superfluous articles in (2) and (3);
corrects syntax in (2)(i)(B).
SECTION 31. ORS 100.450 is amended to read:
100.450. (1) Whenever an association of unit owners levies any
assessment against a unit, the association of unit owners, upon
complying with subsection (2) of this section, shall have a lien
upon the individual unit and the undivided interest in the common
elements appertaining to such unit for any unpaid assessments and
interest as provided in subsection (2)(b) of this section. The
lien shall be prior to a homestead exemption and all other liens
or encumbrances upon the unit except:
(a) Tax and assessment liens; and
(b) A prior mortgage or trust deed of record unless:
(A) The condominium consists of fewer than seven units, all of
which are to be used for nonresidential purposes;
(B) The declaration provides that the lien of any mortgage or
trust deed of record affecting the property shall be subordinate
to the lien of the association provided under subsection (1) of
this section; and
(C) The holder of any mortgage or trust deed of record
affecting the property when the declaration is recorded executes
a separate subordination of the holder's interest to the
declaration which is attached as an exhibit and which states that
the holder understands that the declaration subordinates the
holder's lien to the assessment lien of the association provided
under subsection (1) of this section.
(2)(a) An association of unit owners claiming the benefits of
subsection (1) of this section shall record in the county in
which the unit or some part thereof is located a claim containing
a true statement of the amount due for the unpaid assessments
after deducting all just credits and offsets; the name of the
owner of the unit, or reputed owner, if known; the name of the
condominium and the designation of the unit as stated in the
declaration or applicable supplemental declaration.
(b) { - Where - } { + When + } a claim has been filed and
recorded pursuant to this section and the owner of the unit
subject to the claim thereafter fails to pay any assessment
chargeable to such unit, then so long as the original or any
subsequent unpaid assessment remains unpaid such claim shall
automatically accumulate the subsequent unpaid assessments and
interest thereon without the necessity of further filings under
this section.
(3) The claim shall be verified by the oath of some person
having knowledge of the facts and shall be recorded by the county
recording officer. The record shall be indexed as other liens are
required by law to be indexed.
(4) The proceedings to foreclose liens created by this section
shall conform as nearly as possible to the proceedings to
foreclose liens created by ORS 87.010, except that
notwithstanding ORS 87.055, a lien may be continued in force for
a period of time not to exceed six years from the date the claim
is filed under subsection (3) of this section. For the purpose of
determining the date the claim is filed in those cases where
subsequent unpaid assessments have accumulated under the claim as
provided in subsection (2)(b) of this section, the claim
regarding each unpaid assessment shall be deemed to have been
filed at the time such unpaid assessment became due. The lien may
be enforced by the board of directors acting on behalf of the
association of unit owners. An action to recover a money judgment
for unpaid assessments may be maintained without foreclosing or
waiving the lien securing the claim for unpaid assessments. No
action to foreclose a lien under this section or recover a money
judgment for unpaid assessments may be maintained unless the
Condominium Information Report and the Annual Report described in
ORS 100.250 are designated current as provided in ORS 100.255.
(5) Unless the declaration or bylaws provides otherwise, fees,
late charges, fines and interest imposed pursuant to ORS 100.405
(4)(j), (k), (L) and (m) are enforceable as assessments under
this section.
(6) With respect to condominium units also constituting
timeshare property as defined by ORS 94.803, liens created by
this section shall be assessed to the timeshare owners in the
timeshare property according to the method for determining each
owner's liability for common expenses under the timeshare
instrument and shall be enforced individually against each
timeshare owner in the condominium unit.
(7) Notwithstanding the priority established for a lien for
unpaid assessments and interest under subsection (1) of this
section, the lien shall also be prior to the lien of any prior
mortgage or trust deed of record for the unit and the undivided
interest in the common elements, if:
(a) The association of unit owners for the condominium in which
the unit is located has given the lender under the mortgage or
trust deed 90 days prior written notice that the owner of the
unit is in default in payment of an assessment. The notice shall
contain:
(A) Name of borrower;
(B) Recording date of trust deed or mortgage;
(C) Recording information;
(D) Name of condominium, unit owner and unit designation stated
in the declaration or applicable supplemental declaration; and
(E) Amount of unpaid assessment.
(b) The notice under paragraph (a) of this subsection shall set
forth the following in 10-point type:
_________________________________________________________________
NOTICE: The lien of the association may become prior to that of
the lender pursuant to ORS 100.450.
_________________________________________________________________
(c) The lender has not initiated judicial action to foreclose
the mortgage or requested issuance of a trustee's notice of sale
under the trust deed or accepted a deed in lieu of foreclosure in
the circumstances described in ORS 100.465 prior to the
expiration of 90 days following the notice by the unit owners'
association.
(d) The unit owners' association has provided the lender, upon
request, with copies of any liens filed on the unit, a statement
of the assessments and interest remaining unpaid on the unit and
other documents which the lender may reasonably request.
(e) The borrower is in default under the terms of the mortgage
or trust deed as to principal and interest.
(f) A copy of the notice described in paragraph (a) of this
subsection, together with an affidavit of notice by a person
having knowledge of the facts, has been recorded in the manner
prescribed in subsection (3) of this section. The affidavit shall
recite the date and the person to whom the notice was given.
{ + NOTE: + } Corrects word choice in (2)(b).
SECTION 32. ORS 107.135 is amended to read:
107.135. (1) The court may at any time after a decree of
annulment or dissolution of marriage or of separation is granted,
upon the motion of either party and after service of notice on
the other party in the manner provided by ORCP 7, and after
notice to the Division of Child Support when required pursuant to
subsection (8) of this section:
(a) Set aside, alter or modify so much of the decree as may
provide for the appointment and duties of trustees, for the
custody, parenting time, visitation, support and welfare of the
minor children and the children attending school, as defined in
ORS 107.108, including any provisions for health or life
insurance, or for the support of a party or for life insurance
under ORS 107.820 or 107.830;
(b) Make an order, after service of notice to the other party,
providing for the future custody, support and welfare of minor
children residing in the state, who, at the time the decree was
given, were not residents of the state, or were unknown to the
court or were erroneously omitted from the decree;
(c) Terminate a duty of support toward any minor child who has
become self-supporting, emancipated or married;
(d) Notwithstanding section 84 (2), chapter 827, Oregon Laws
1973, and after service of notice on the child in the manner
provided by law for service of a summons, suspend future support
for any child who has ceased to be a child attending school as
defined in ORS 107.108; and
(e) Set aside, alter or modify so much of the decree as may
provide for a property award based on the enhanced earning
capacity of a party that was awarded before October 23, 1999. A
property award may be set aside, altered or modified under this
paragraph:
(A) When the person with the enhanced earning capacity makes a
good faith career change that results in less income;
(B) When the income of the person with the enhanced earning
capacity decreases due to circumstances beyond the person's
control; or
(C) Under such other circumstances as the court deems just and
proper.
(2) In a proceeding under this section to reconsider the
spousal or child support provisions of the decree, the following
provisions apply:
(a) A substantial change in economic circumstances of a party,
which may include, but is not limited to, a substantial change in
the cost of reasonable and necessary expenses to either party, is
sufficient for the court to reconsider its order of support,
except that an order of compensatory spousal support may only be
modified upon a showing of an involuntary, extraordinary and
unanticipated change in circumstances that reduces the earning
capacity of the paying spouse.
(b) If the decree provided for a termination or reduction of
spousal support at a designated age in anticipation of the
commencement of pension, social security or other entitlement
payments, and if the obligee is unable to obtain the anticipated
entitlement payments, that inability is sufficient change in
circumstances for the court to reconsider its order of support.
(c) If social security is considered in lieu of spousal support
or partial spousal support, the court shall determine the amount
of social security the party is eligible to collect. The court
shall take into consideration any pension, retirement or other
funds available to either party to effect an equitable
distribution between the parties and shall also take into
consideration any reduction of entitlement caused by taking early
retirement.
(3) In considering under this section whether a change in
circumstances exists sufficient for the court to reconsider
spousal or child support provisions of a decree, the following
provisions apply:
(a) The court or administrator, as defined in ORS 25.010, shall
consider income opportunities and benefits of the respective
parties from all sources, including but not limited to:
(A) The reasonable opportunity of each party, the obligor and
obligee respectively, to acquire future income and assets.
(B) Retirement benefits available to the obligor and to the
obligee.
(C) Other benefits to which the obligor is entitled, such as
travel benefits, recreational benefits and medical benefits,
contrasted with benefits to which the obligee is similarly
entitled.
(D) Social Security benefits received on behalf of a child due
to a parent's disability or retirement if the benefits:
(i) Were not previously considered in the child support order;
or
(ii) Were considered in an action initiated before March 1,
1999.
(E) Veterans' benefits received on behalf of a child due to a
parent's disability or retirement if the benefits:
(i) Were not previously considered in the child support order;
or
(ii) Were considered in an action initiated before October 23,
1999.
(b) If the motion for modification is one made by the obligor
to reduce or terminate support, and if the obligee opposes the
motion, the court shall not find a change in circumstances
sufficient for reconsideration of support provisions, if the
motion is based upon a reduction of the obligor's financial
status resulting from the obligor's taking voluntary retirement,
partial voluntary retirement or any other voluntary reduction of
income or self-imposed curtailment of earning capacity, if it is
shown that such action of the obligor was not taken in good faith
but was for the primary purpose of avoiding the support
obligation. In any subsequent motion for modification, the court
shall deny the motion if the sole basis of the motion for
modification is the termination of voluntarily taken retirement
benefits and the obligor previously has been found not to have
acted in good faith.
(c) The court shall consider the following factors in deciding
whether the actions of the obligor were not in 'good faith':
(A) Timing of the voluntary retirement or other reduction in
financial status to coincide with court action in which the
obligee seeks or is granted an increase in spousal support.
(B) Whether all or most of the income producing assets and
property were awarded to the obligor, and spousal support in lieu
of such property was awarded to the obligee.
(C) Extent of the obligor's dissipation of funds and assets
prior to the voluntary retirement or soon after filing for the
change of circumstances based on retirement.
(D) If earned income is reduced and absent dissipation of funds
or large gifts, whether the obligor has funds and assets from
which the spousal support could have been paid.
(E) Whether the obligor has given gifts of substantial value to
others, including a current spouse, to the detriment of the
obligor's ability to meet the preexisting obligation of spousal
support.
(4) Upon terminating a duty of spousal support, a court shall
make specific findings of the basis for the termination and shall
include the findings in the judgment order.
(5) Any modification of spousal support granted because of a
change of circumstances may be ordered effective retroactive to
the date the motion for modification was filed or to any date
thereafter.
(6) The decree is a final judgment as to any installment or
payment of money that has accrued up to the time either party
makes a motion to set aside, alter or modify the decree, and the
court does not have the power to set aside, alter or modify such
decree, or any portion thereof, that provides for any payment of
money, either for minor children or the support of a party, that
has accrued prior to the filing of such motion. However:
(a) The court may allow a credit against child support
arrearages for periods of time, excluding reasonable parenting
time unless otherwise provided by order or decree, during which
the obligated parent has physical custody of the child with the
knowledge and consent of the custodial parent; and
(b) The court or the administrator, as defined in ORS 25.010,
may allow, as provided in the rules of the Child Support Program,
a credit against child support arrearages for any Social Security
or Veterans' benefits paid retroactively to the child, or to a
representative payee administering the funds for the child's use
and benefit, as a result of a parent's disability or retirement.
(7) In a proceeding under subsection (1) of this section, the
court may assess against either party a reasonable attorney fee
and costs for the benefit of the other party. If a party is found
to have acted in bad faith, the court shall order that party to
pay a reasonable attorney fee and costs of the defending party.
(8) Whenever a motion to establish, modify or terminate child
support or satisfy or alter support arrearages is filed and
public assistance, as defined in ORS 416.400, is being granted to
or on behalf of a dependent child or children, natural or
adopted, of the parties, a true copy of the motion shall be
served by mail or personal delivery on the Administrator of the
Division of Child Support of the Department of Justice, or on the
branch office of the division providing service to the county in
which the motion is filed.
(9)(a) Except as provided in ORS { - 109.700 to 109.930 - }
{ + 109.701 to 109.834 + }, the courts of Oregon, having once
acquired personal and subject matter jurisdiction in a domestic
relations action, retain such jurisdiction regardless of any
change of domicile.
(b) The courts of Oregon, in a proceeding to establish, enforce
or modify a child support order, shall recognize the provisions
of the federal Full Faith and Credit for Child Support Orders Act
(28 U.S.C. 1738B).
(10) In a proceeding under this section to reconsider
provisions in a decree relating to custody or parenting time, the
court may consider repeated and unreasonable denial of, or
interference with, parenting time to be a substantial change of
circumstances.
(11) Within 30 days after service of notice under subsection
(1) of this section, the party served shall file a written
response with the court.
{ + NOTE: + } Corrects series reference in (9)(a).
SECTION 33. ORS 107.510 is amended to read:
107.510. As used in ORS { - 21.112 and - } 107.510 to
107.610:
(1) 'Conciliation jurisdiction' means domestic relations
conciliation jurisdiction and authority exercised under ORS
107.510 to 107.610 by a circuit court in any controversy existing
between spouses which may, unless a reconciliation or a
settlement of the controversy is effected, result in the
dissolution or annulment of the marriage or in disruption of the
household.
(2) 'Conciliation services' means domestic relations counseling
and related services obtained by a circuit court exercising
conciliation jurisdiction and used by the court in exercising
that jurisdiction.
(3) 'Domestic relations suit' means suit for dissolution of the
marriage contract, annulment of the marriage or separation.
(4) 'Separation' means separation from bed and board and
separate maintenance.
{ + NOTE: + } Deletes incorrect ORS reference in lead-in.
SECTION 34. ORS 110.436 is amended to read:
110.436. (1) If all of the parties who are individuals reside
in this state and the child does not reside in the issuing state,
a tribunal of this state has jurisdiction to enforce and to
modify the issuing state's child support order in a proceeding to
register that order.
(2) A tribunal of this state exercising jurisdiction under this
section shall apply the provisions of ORS 110.303 to 110.339 and
110.405 to 110.437 and the procedural and substantive law of this
state to the proceeding for enforcement or modification. ORS
110.342 { - , 110.345, 110.348, 110.349, 110.351, 110.357,
110.360, 110.363, 110.366, 110.369, 110.372, 110.375, 110.378,
110.379, 110.381, 110.384, 110.387, 110.390, - } { + to + }
110.391, 110.392, 110.394 { - , 110.395, 110.397, 110.398,
110.400, 110.401, - } { + to + } 110.402, 110.438, 110.440 and
110.443 do not apply.
{ + NOTE: + } Inserts appropriate series references in (2).
SECTION 35. ORS 114.525 is amended to read:
114.525. An affidavit filed under ORS 114.515 shall:
(1) State the name, age, domicile, post-office address and
social security number of the decedent;
(2) State the date and place of the decedent's death. A
certified copy of the death certificate shall be attached to the
affidavit;
(3) Describe and state the fair market value of all property in
the estate, including a legal description of any real property;
(4) State that no application or petition for the appointment
of a personal representative has been granted in Oregon;
(5) State whether the decedent died testate or intestate, and
if the decedent died testate, the will shall be attached to the
affidavit;
(6) List the heirs of the decedent and the last address of each
heir as known to the affiant, and state that a copy of the
affidavit showing the date of filing and a copy of the will, if
the decedent died testate, will be delivered to each heir or
mailed to the heir at the last-known address;
(7) If the decedent died testate, list the devisees of the
decedent and the last address of each devisee as known to the
affiant and state that a copy of the will and a copy of the
affidavit showing the date of filing will be delivered to each
devisee or mailed to the devisee at the last-known address;
(8) State the interest in the property described in the
affidavit to which each heir or devisee is entitled;
(9) State that reasonable efforts have been made to ascertain
creditors of the estate. List the expenses of and claims against
the estate remaining unpaid or on account of which the affiant or
any other person is entitled to reimbursement from the estate,
including the known or estimated amounts thereof and the names
and addresses of the creditors as known to the affiant, and state
that a copy of the affidavit showing the date of filing will be
delivered to each creditor who has not been paid in full or
mailed to the creditor at the last-known address;
(10) Separately list the name and address of each person known
to the affiant to assert a claim against the estate
{ - which - } { + that + } the affiant disputes and the known
or estimated amount thereof and state that a copy of the
affidavit showing the date of filing will be delivered to each
such person or mailed to the person at the last-known address;
(11) State that a copy of the affidavit showing the date of
filing will be mailed or delivered to the { - Adult and
Family - } { + Senior and Disabled + } Services Division,
Estate Administration Section, Salem, Oregon;
(12) State that claims against the estate not listed in the
affidavit or in amounts larger than those listed in the affidavit
may be barred unless:
(a) A claim is presented to the affiant within four months of
the filing of the affidavit at the address stated in the
affidavit for presentment of claims; or
(b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555; and
(13) If the affidavit lists one or more claims { - which - }
{ + that + } the affiant disputes, state that any such claim may
be barred unless:
(a) A petition for summary determination is filed within four
months of the filing of the affidavit; or
(b) A personal representative of the estate is appointed within
the time allowed under ORS 114.555.
{ + NOTE: + } Corrects grammar in (10) and (13); corrects
official title in (11).
SECTION 36. ORS 124.050 is amended to read:
124.050. As used in ORS 124.050 to 124.095:
(1) 'Abuse' means one or more of the following:
(a) Any physical injury caused by other than accidental means,
or which appears to be at variance with the explanation given of
the injury.
(b) Neglect which leads to physical harm through withholding of
services necessary to maintain health and well-being.
(c) Abandonment, including desertion or willful forsaking of an
elderly person or the withdrawal or neglect of duties and
obligations owed an elderly person by a caretaker or other
person.
(d) Willful infliction of physical pain or injury.
(2) 'Division' means the Senior and Disabled Services Division
of the Department of Human Services.
(3) 'Elderly person' means any person 65 years of age or older
who is not subject to the provisions of ORS 441.640 to 441.665.
(4) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) Any district attorney.
(5) 'Public or private official' means:
(a) Physician, naturopathic physician, osteopathic physician,
chiropractor or podiatric physician and surgeon, including any
intern or resident.
(b) Licensed practical nurse, registered nurse, nurse's aide,
home health aide or employee of an in-home health service.
(c) Employee of the Department of Human Services, county health
department or community mental health and developmental
disabilities program.
(d) Peace officer.
(e) { - Clergyman - } { + Member of the clergy + }.
(f) Licensed clinical social worker.
(g) Physical, speech or occupational therapists.
(h) Senior center employee.
(i) Information and referral or outreach worker.
(j) Licensed professional counselor or licensed marriage and
family therapist.
(k) Any public official who comes in contact with elderly
persons in the performance of the official's official duties.
{ + NOTE: + } Eliminates gender-specific language in (5)(e).
SECTION 37. ORS 125.240 is amended to read:
125.240. (1) If a petition seeks the appointment of a
professional fiduciary as described in subsection (5) of this
section, the petition must contain the following information in
addition to that information required under ORS 125.055:
(a) A description of the events that led to the involvement of
the professional fiduciary in the case.
(b) The professional fiduciary's educational background and
professional experience.
(c) The fees charged by the professional fiduciary and whether
the fees are on an hourly basis or are based on charges for
individual services rendered.
(d) The names of providers of direct services to protected
persons that are repeatedly used by the professional fiduciary
under contract.
(e) The disclosures required under ORS 125.221 if the person
nominated to act as fiduciary will employ a person in which the
nominated person has a pecuniary or financial interest.
(f) The number of protected persons for whom the person
performs fiduciary services at the time of the petition.
(g) Whether the professional fiduciary has ever had a claim
against the bond of the fiduciary and a description of the
circumstances causing the claim.
(h) Whether the professional fiduciary or any staff with
responsibility for making decisions for clients or for management
of client assets has ever filed for bankruptcy and the date of
filing.
(i) Whether the professional fiduciary or any staff with
responsibility for making decisions for clients or for management
of client assets has ever been denied a professional license that
is directly related to responsibilities of the professional
fiduciary, or has ever held a professional license that is
directly related to responsibilities of the professional
fiduciary that was revoked or canceled. If such a license has
been denied, revoked or canceled, the petition must reflect the
date of the denial, revocation or cancellation and the name of
the regulatory body that denied, revoked or canceled the license.
(j) A statement that the criminal records check required under
subsection (2) of this section does not disqualify the person
from acting as a fiduciary.
(k) Whether the professional fiduciary and any staff
responsible for making decisions for clients or for management of
client assets is or has been certified by a national or state
association of professional fiduciaries, the name of any such
association and whether the professional fiduciary or other staff
person has ever been disciplined by any such association and the
result of the disciplinary action.
(L) The name, address and telephone number of the individual
who is to act as primary decision maker for the protected person
and the name of the person with whom the protected person will
have personal contact if that person is not the person who will
act as primary decision maker for the protected person.
(2)(a) If a petition seeks the appointment of a professional
fiduciary as described in subsection (5) of this section, the
professional fiduciary and all staff with responsibility for
making decisions for clients or for management of client assets
must undergo a criminal records check before the court may
appoint the professional fiduciary. The results of the criminal
records check shall be provided by the petitioner to the court.
Results of criminal records checks submitted to the court are
confidential, shall be subject to inspection only by the parties
to the proceedings and their attorneys, and shall not be subject
to inspection by members of the public except pursuant to a court
order entered after a showing of good cause. A professional
fiduciary must disclose to the court any criminal conviction of
the professional fiduciary that occurs after the criminal records
check was performed. The criminal records check under this
subsection shall consist of a check for a criminal record in the
State of Oregon and a national criminal records check if:
(A) The person has resided in another state within five years
before the date that the criminal records check is performed;
(B) The person has disclosed the existence of a criminal
conviction; or
(C) A criminal records check in Oregon discloses the existence
of a criminal record in another jurisdiction.
(b) The requirements of this subsection do not apply to any
person who serves as a public guardian or conservator, or any
staff of a public guardian or conservator, who is operating under
ORS 125.700 to 125.730 or 406.050 and who is otherwise required
to acquire a criminal records check for other purposes.
(3)(a) If a petition seeks the appointment of a public guardian
and conservator operating under the provisions of ORS 125.700 to
125.730, or the appointment of a conservator under ORS 406.050
{ - (6) - } { + (4) + }, the petition need not contain the
information described in subsection (1)(d) or (L) of this
section.
(b) If a public guardian and conservator operating under the
provisions of ORS 125.700 to 125.730 is appointed to act as a
fiduciary, or a conservator operating under the authority of ORS
406.050 { - (6) - } { + (4) + } is appointed, the public
guardian or conservator must file with the court within three
days after receipt of written notice of the appointment a
statement containing the name, address and telephone number of
the individual who will act as primary decision maker for the
protected person and the name of the person with whom the
protected person will have personal contact if the person named
as primary decision maker will not have personal contact with the
protected person.
(4) If the court appoints a professional fiduciary as described
in subsection (5) of this section, the professional fiduciary
must update all information required to be disclosed by
subsection (1) of this section and provide a copy of the updated
statement upon the request of the protected person or upon the
request of any person entitled to notice under ORS 125.060 (3).
The professional fiduciary must provide an updated statement
without demand to the court, the protected person and persons
entitled to notice under ORS 125.060 (3) at any time that there
is a change in the information provided under subsection (1)(L)
or (3)(b) of this section.
(5) The provisions of this section apply to any person
nominated as a fiduciary or serving as a fiduciary who is acting
at the same time as a fiduciary for three or more protected
persons who are not related to the fiduciary.
{ + NOTE: + } Corrects subsection references in (3)(a) and
(b).
SECTION 38. ORS 127.646 is amended to read:
127.646. As used in ORS 127.646 to 127.654:
(1) 'Health care organization' means a home health agency,
hospice program, hospital, long term care facility or health
maintenance organization.
(2) 'Health maintenance organization' has { - that - }
{ + the + } meaning given { + that term + } in ORS 750.005,
except that 'health maintenance organization' includes only those
organizations that participate in the federal Medicare or
Medicaid programs.
(3) 'Home health agency' has { - that - } { + the + }
meaning given { + that term + } in ORS 443.005.
(4) 'Hospice program' has { - that - } { + the + } meaning
given { + that term + } in ORS 443.850.
(5) 'Hospital' has { - that - } { + the + } meaning given
{ + that term + } in ORS 442.015 { - (14) - } { + (19) + },
except that 'hospital' does not include a special inpatient care
facility.
(6) 'Long term care facility' has { - that - } { + the + }
meaning given { + that term + } in ORS 442.015 { - (14) - } ,
except that 'long term care facility' does not include an
intermediate care facility for individuals with mental
retardation.
{ + NOTE: + } Corrects syntax. Corrects subsection reference
in (5); see amendments to 442.015 by section 181. Deletes
unnecessary subsection reference in (6).
SECTION 39. ORS 127.700 is amended to read:
127.700. As used in ORS 127.700 to { - 127.736 - } { +
127.737 + }:
(1) 'Attending physician' shall have the same meaning as
provided in ORS 127.505.
(2) 'Attorney-in-fact' means an adult validly appointed under
ORS 127.540, 127.700 to 127.737 and 426.385 to make mental health
treatment decisions for a principal under a declaration for
mental health treatment and also means an alternative
attorney-in-fact.
(3) 'Declaration' means a document making a declaration of
preferences or instructions regarding mental health treatment.
(4) 'Health care facility' shall have the same meaning as
provided in ORS 127.505.
(5) 'Incapable' means that, in the opinion of the court in a
protective proceeding under ORS chapter 125, or the opinion of
two physicians, a person's ability to receive and evaluate
information effectively or communicate decisions is impaired to
such an extent that the person currently lacks the capacity to
make mental health treatment decisions.
(6) 'Mental health treatment' means convulsive treatment,
treatment of mental illness with psychoactive medication,
admission to and retention in a health care facility for a period
not to exceed 17 days for care or treatment of mental illness,
and outpatient services.
(7) 'Outpatient services' means treatment for a mental or
emotional disorder that is obtained by appointment and is
provided by an outpatient service as defined in ORS 430.010.
(8) 'Provider' means a mental health treatment provider.
(9) 'Representative' means 'attorney-in-fact' as defined in
this section.
{ + NOTE: + } Corrects series reference in lead-in.
SECTION 40. ORS 127.865 is amended to read:
127.865. s3.11. Reporting requirements. (1)(a) The Health
Division shall annually review a sample of records maintained
pursuant to ORS 127.800 to 127.897.
(b) The division shall require any health care provider upon
dispensing medication pursuant to ORS 127.800 to 127.897 to file
a copy of the dispensing record with the division.
(2) The { - Health - } division shall make rules to
facilitate the collection of information regarding compliance
with ORS 127.800 to 127.897. Except as otherwise required by law,
the information collected shall not be a public record and may
not be made available for inspection by the public.
(3) The division shall generate and make available to the
public an annual statistical report of information collected
under subsection (2) of this section.
{ + NOTE: + } Corrects form of official title in (2).
SECTION 41. ORS 129.045 is amended to read:
129.045. (1) A trust shall be administered with due regard to
the respective interests of income beneficiaries and
remaindermen. A trust is so administered with respect to the
allocation of receipts and expenditures if a receipt is credited
or an expenditure is charged to income or principal or partly to
each:
(a) In accordance with the terms of the trust instrument,
notwithstanding contrary provisions of ORS 116.007 and 129.005 to
129.125;
(b) In the absence of any contrary terms of the trust
instrument, in accordance with the provisions of ORS 116.007 and
129.005 to 129.125; or
(c) If neither of the preceding rules of administration is
applicable, in accordance with what is reasonable and equitable
in view of the interests of those entitled to income as well as
of those entitled to principal, and in view of the manner in
which
{ - men - } { + persons + } of ordinary prudence, discretion
and judgment would act in the management of their own affairs.
(2) If the trust instrument gives the trustee discretion in
crediting a receipt or charging an expenditure to income or
principal or partly to each, no inference of imprudence or
partiality arises from the fact that the trustee has made an
allocation contrary to a provision of ORS 116.007 and 129.005 to
129.125.
{ + NOTE: + } Eliminates gender-specific language in (1)(c).
SECTION 42. ORS 131.505 is amended to read:
131.505. As used in ORS 131.505 to 131.525, unless the context
requires otherwise:
(1) 'Conduct' and 'offense' have the meaning provided for those
terms in ORS 161.085 and 161.505.
(2) When the same conduct or criminal episode violates two or
more statutory provisions, each such violation constitutes a
separate and distinct offense.
(3) When the same conduct or criminal episode, though violating
only one statutory provision, results in death, injury, loss or
other consequences of two or more victims, and the result is an
element of the offense defined, there are as many offenses as
there are victims.
(4) 'Criminal episode' means continuous and uninterrupted
conduct that establishes at least one offense and is so joined in
time, place and circumstances that such conduct is directed to
the accomplishment of a single criminal objective.
(5) A person is 'prosecuted for an offense' when the person is
charged therewith by an accusatory instrument filed in any court
of this state or in any court of any political subdivision of
this state, and when the action either:
(a) Terminates in a conviction upon a plea of guilty, except as
provided in ORS 131.525 (2); { - or - }
(b) Proceeds to the trial stage and the jury is impaneled and
sworn; or
(c) Proceeds to the trial stage when a judge is the trier of
fact and the first witness is sworn.
(6) There is an 'acquittal' if the prosecution results in a
finding of not guilty by the trier of fact or in a determination
that there is insufficient evidence to warrant a conviction.
{ + NOTE: + } Deletes superfluous conjunction in (5)(a).
SECTION 43. ORS 131.535 is amended to read:
131.535. The following proceedings will not constitute an
acquittal of the same offense:
(1) If the defendant was formerly acquitted on the ground of a
variance between the accusatory instrument and the proof; or
(2) If the accusatory instrument was:
(a) Dismissed upon a demurrer to its form or substance;
{ - or - }
(b) Dismissed upon any pretrial motion; or
(c) Discharged for want of prosecution without a judgment of
acquittal.
{ + NOTE: + } Deletes superfluous conjunction in (2)(a).
SECTION 44. ORS 133.643 is amended to read:
133.643. A motion for the return or restoration of things
seized shall be based on the ground that the movant has a valid
claim to rightful possession thereof, because:
(1) The things had been stolen or otherwise converted, and the
movant is the owner or rightful possessor; { - or - }
(2) The things seized were not in fact subject to seizure under
ORS 133.525 to 133.703; { - or - }
(3) The movant, by license or otherwise, is lawfully entitled
to possess things otherwise subject to seizure under ORS 133.525
to 133.703; { - or - }
(4) Although the things seized were subject to seizure under
ORS 133.525 to 133.703, the movant is or will be entitled to
their return or restoration upon the court's determination that
they are no longer needed for evidentiary purposes; or
(5) The parties in the case have stipulated that the things
seized may be returned to the movant.
{ + NOTE: + } Deletes superfluous conjunctions in (1), (2)
and (3).
SECTION 45. ORS 135.240 is amended to read:
135.240. (1) Except as provided in subsections (2), (4) and (5)
of this section, a defendant shall be released in accordance with
ORS 135.230 to 135.290.
(2)(a) When the defendant is charged with murder, aggravated
murder or treason, release shall be denied when the proof is
evident or the presumption strong that the person is guilty.
(b) When the defendant is charged with murder or aggravated
murder and the proof is not evident nor the presumption strong
that the defendant is guilty, the court shall determine the issue
of release as provided in subsection (4) of this section. In
determining the issue of release under subsection (4) of this
section, the court may consider any evidence used in making the
determination required by this subsection.
(3) The magistrate may conduct such hearing as the magistrate
considers necessary to determine whether, under subsection (2) of
this section, the proof is evident or the presumption strong that
the person is guilty.
(4) { + (a) + } Except as otherwise provided in subsection (5)
of this section, when the defendant is charged with a crime
listed in ORS 137.700 or 137.707, other than attempt or
conspiracy to commit murder or attempt or conspiracy to commit
aggravated murder { + , + } { - : - }
{ - (a) - } release shall be denied unless the court
determines by clear and convincing evidence that the defendant
will not commit new criminal offenses while on release.
(b) If the defendant wants to have a hearing on the issue of
release, the defendant must request the hearing at the time of
arraignment in circuit court. If the defendant requests a release
hearing, the court must hold the hearing within five days of the
request.
(c) At the release hearing, unless the state stipulates to the
setting of security or release, the court shall determine whether
probable cause exists to believe the defendant has committed an
offense listed in ORS 137.700 or 137.707, other than attempt or
conspiracy to commit murder or attempt or conspiracy to commit
aggravated murder, and, if so, whether the defendant would commit
new crimes while on release. The state has the burden of
producing evidence at the release hearing subject to ORS 40.015
(4).
(d) The defendant may be represented by counsel and may present
evidence on any relevant issue. However, the hearing may not be
used for purposes of discovery.
(e) If the court determines that the defendant will not commit
new crimes while on release, the court shall set security or
other appropriate conditions of release. If the court does not
determine that the defendant will not commit new crimes while on
release, the court shall deny release.
(f) When a defendant who has been released violates a condition
of release and the violation:
(A) Constitutes a new criminal offense, the court shall cause
the defendant to be taken back into custody and shall order the
defendant held pending trial without release.
(B) Does not constitute a new criminal offense, the court may
order the defendant to be taken back into custody, may order the
defendant held pending trial and may set a security amount of not
less than $250,000.
(5) If the United States Constitution or the Oregon
Constitution prohibits application of subsection (4) of this
section, then notwithstanding any other provision of law, the
court shall set a security amount of not less than $50,000 for a
defendant charged with an offense listed in ORS 137.700 or
137.707 and may not release the defendant on any form of release
other than a security release. In addition to the security
amount, the court may impose any supervisory conditions deemed
necessary for the protection of the victim and the community.
When a defendant who has been released violates a condition of
release and the violation:
(a) Constitutes a new criminal offense, the court shall cause
the defendant to be taken back into custody, shall order the
defendant held pending trial and shall set a security amount of
not less than $250,000.
(b) Does not constitute a new criminal offense, the court may
order the defendant to be taken back into custody, may order the
defendant held pending trial and may set a security amount of not
less than $250,000.
{ + NOTE: + } Corrects internal structure of (4).
SECTION 46. ORS 137.473 is amended to read:
137.473. (1) The punishment of death shall be inflicted by the
intravenous administration of a lethal quantity of an
ultra-short-acting barbiturate in combination with a chemical
paralytic agent and potassium chloride or other equally effective
substances sufficient to cause death. The judgment shall be
executed by the superintendent of the Department of Corrections
institution in which the execution takes place, or by the
designee of that superintendent. All executions shall take place
within the enclosure of a Department of Corrections institution
designated by the Director of the Department of Corrections. The
superintendent of the institution shall be present at the
execution and shall invite the presence of one or more
physicians, the Attorney General and the sheriff of the county in
which the judgment was rendered. At the request of the defendant,
the superintendent shall allow no more than two
{ - clergymen - } { + members of the clergy + } designated by
the defendant to be present at the execution. At the discretion
of the superintendent, no more than five friends and relatives
designated by the defendant may be present at the execution. The
superintendent shall allow the presence of any peace officers as
the superintendent thinks expedient.
(2) The person who administers the lethal injection under
subsection (1) of this section shall not thereby be considered to
be engaged in the practice of medicine.
(3)(a) Any wholesale drug outlet, as defined in ORS 689.005,
registered with the State Board of Pharmacy under ORS 689.305 may
provide the lethal substance or substances described in
subsection (1) of this section upon written order of the Director
of the Department of Corrections, accompanied by a certified copy
of the judgment of the court imposing the punishment.
(b) For purposes of ORS 689.765 (8) the director shall be
considered authorized to purchase the lethal substance or
substances described in subsection (1) of this section.
(c) The lethal substance or substances described in subsection
(1) of this section are not controlled substances when purchased,
possessed or used for purposes of this section.
{ + NOTE: + } Eliminates gender-specific language in (1).
SECTION 47. ORS 144.110 is amended to read:
144.110. (1) In any felony case, the court may impose a minimum
term of imprisonment of up to one-half of the sentence it
imposes.
(2) Notwithstanding the provisions of ORS 144.120 and 144.780:
(a) The { + State + } Board { + of Parole and Post-Prison
Supervision + } shall not release a prisoner on parole who has
been sentenced under subsection (1) of this section until the
minimum term has been served, except upon affirmative vote of a
majority of the members of the board.
(b) The board shall not release a prisoner on parole:
(A) Who has been convicted of murder defined as aggravated
murder under the provisions of ORS 163.095, except as provided in
ORS 163.105; or
(B) Who has been convicted of murder under the provisions of
ORS 163.115, except as provided in ORS 163.115 (5)(c) to (e).
{ + NOTE: + } Sets forth official title in (2)(a).
SECTION 48. ORS 144.120 is amended to read:
144.120. (1)(a) Within six months of the admission of a
prisoner to any Department of Corrections institution, with the
exception of those prisoners sentenced to a term of imprisonment
for life or for more than five years, the { + State + } Board
{ + of Parole and Post-Prison Supervision + } shall conduct a
parole hearing to interview the prisoner and set the initial date
of release on parole pursuant to subsection (2) of this section.
For those prisoners sentenced to a term of imprisonment for more
than five years but less than 15 years, the board shall conduct
the parole hearing and set the initial date of release within
eight months following admission of the prisoner to the
institution. For those prisoners sentenced to a term of
imprisonment for life or for 15 years or more, with the exception
of those sentenced for aggravated murder or murder, the board
shall conduct the parole hearing, and shall set the initial
release date, within one year following admission of the prisoner
to the institution. Release shall be contingent upon satisfaction
of the requirements of ORS 144.125.
(b) Those prisoners sentenced to a term of imprisonment for
less than 15 years for commission of an offense designated by
rule by the board as a non person-to-person offense may waive
their rights to the parole hearing. When a prisoner waives the
parole hearing, the initial date of release on parole may be set
administratively by the board pursuant to subsections (2) to (6)
of this section. If the board is not satisfied that the waiver
was made knowingly or intelligently or if it believes more
information is necessary before making its decision, it may order
a hearing.
(2) In setting the initial parole release date for a prisoner
pursuant to subsection (1) of this section, the board shall apply
the appropriate range established pursuant to ORS 144.780.
Variations from the range shall be in accordance with ORS
144.785.
(3) In setting the initial parole release date for a prisoner
pursuant to subsection (1) of this section, the board shall
consider the presentence investigation report specified in ORS
144.791 or, if no such report has been prepared, a report of
similar content prepared by the Department of Corrections.
(4) Notwithstanding subsection (1) of this section, in the case
of a prisoner whose offense included particularly violent or
otherwise dangerous criminal conduct or whose offense was
preceded by two or more convictions for a Class A or Class B
felony or whose record includes a psychiatric or psychological
diagnosis of severe emotional disturbance such as to constitute a
danger to the health or safety of the community, the board may
choose not to set a parole date.
(5) After the expiration of six months after the admission of
the prisoner to any Department of Corrections institution, the
board may defer setting the initial parole release date for the
prisoner for a period not to exceed 90 additional days pending
receipt of psychiatric or psychological reports, criminal records
or other information essential to formulating the release
decision.
(6) When the board has set the initial parole release date for
a prisoner, it shall inform the sentencing court of the date.
(7) The State Board of Parole and Post-Prison Supervision must
attempt to notify the victim, if the victim requests to be
notified and furnishes the board a current address, and the
district attorney of the committing county at least 30 days
before all hearings by sending written notice to the current
addresses of both. The victim, personally or by counsel, and the
district attorney from the committing jurisdiction shall have the
right to appear at any hearing or, in their discretion, to submit
a written statement adequately and reasonably expressing any
views concerning the crime and the person responsible. The victim
and the district attorney shall be given access to the
information that the board or division will rely upon and shall
be given adequate time to rebut the information. Both the victim
and the district attorney may present information or evidence at
any hearing, subject to such reasonable rules as may be imposed
by the officers conducting the hearing. For the purpose of this
subsection, 'victim' includes the actual victim, a representative
selected by the victim, the victim's next of kin or, in the case
of abuse of corpse in any degree, an appropriate member of the
immediate family of the decedent.
{ + NOTE: + } Sets forth official title in (1)(a).
SECTION 49. ORS 144.122 is amended to read:
144.122. (1) After the initial parole release date has been set
under ORS 144.120 and after a minimum period of time established
by the { + State + } Board { + of Parole and Post-Prison
Supervision + } under subsection (2)(a) of this section, the
prisoner may request that the parole release date be reset to an
earlier date. The board may grant the request upon a
determination by the board that continued incarceration is cruel
and inhumane and that resetting the release date to an earlier
date is not incompatible with the best interests of the prisoner
and society and that the prisoner:
(a) Has demonstrated an extended course of conduct indicating
outstanding reformation;
(b) Suffers from a severe medical condition including terminal
illness; or
(c) Is elderly and is permanently incapacitated in such a
manner that the prisoner is unable to move from place to place
without the assistance of another person.
(2) The Advisory Commission on Prison Terms and Parole
Standards may propose to the board and the board shall adopt
rules:
(a) Establishing minimum periods of time to be served by
prisoners before application may be made for a reset of release
date under subsection (1) of this section;
(b) Detailing the criteria set forth under subsection (1) of
this section for the resetting of a parole release date; and
(c) Establishing criteria for parole release plans for
prisoners released under this section that, at a minimum, must
insure appropriate supervision and services for the person
released.
(3) The provisions of subsection (1)(b) of this section apply
to prisoners sentenced in accordance with ORS 161.610.
(4) The provisions of this section do not apply to prisoners
sentenced to life imprisonment without the possibility of release
or parole under ORS 138.012 or 163.150.
{ + NOTE: + } Sets forth official title in (1).
SECTION 50. ORS 163.165 is amended to read:
163.165. (1) A person commits the crime of assault in the third
degree if the person:
(a) Recklessly causes serious physical injury to another by
means of a deadly or dangerous weapon;
(b) Recklessly causes serious physical injury to another under
circumstances manifesting extreme indifference to the value of
human life;
(c) Recklessly causes physical injury to another by means of a
deadly or dangerous weapon under circumstances manifesting
extreme indifference to the value of human life;
(d) Intentionally, knowingly or recklessly causes, by means
other than a motor vehicle, physical injury to the operator of a
public transit vehicle while the operator is in control of or
operating the vehicle. As used in this paragraph, 'public transit
vehicle' means a vehicle that is operated by or under contract to
any public body, as defined in ORS 166.115, in order to provide
public transportation;
(e) While being aided by another person actually present,
intentionally or knowingly causes physical injury to another;
(f) While committed to a youth correction facility,
intentionally or knowingly causes physical injury to another
knowing the other person is a staff member of a youth correction
facility while the other person is acting in the course of
official duty;
(g) Intentionally, knowingly or recklessly causes physical
injury to an emergency medical technician or paramedic, as those
terms are defined in ORS 682.025, while the technician or
paramedic is performing official duties;
(h) Being at least 18 years of age, intentionally or knowingly
causes physical injury to a child 10 years of age or younger; or
(i) Knowing the other person is a staff member, intentionally
or knowingly propels any dangerous substance at the staff member
while the staff member is acting in the course of official duty
or as a result of the staff member's official duties.
(2) Assault in the third degree is a Class C felony. When a
person is convicted of violating subsection (1)(i) of this
section, in addition to any other sentence it may impose, the
court shall impose a term of incarceration in a state correction
facility.
(3) As used in this section:
(a) 'Dangerous substance' includes, but is not limited to,
blood, urine, saliva, semen and feces.
(b) 'Staff member' means:
(A) A corrections officer as defined in ORS 181.610, a youth
{ - corrections - } { + correction + } officer, a Department
of Corrections or Oregon Youth Authority staff member or a person
employed pursuant to a contract with the department or youth
authority to work with, or in the vicinity of, inmates or youth
offenders; and
(B) A volunteer authorized by the department, youth authority
or other entity in charge of a corrections facility to work with,
or in the vicinity of, inmates or youth offenders.
(c) 'Youth correction facility' has the meaning given that term
in ORS 162.135.
{ + NOTE: + } Corrects job title in (3)(b)(A).
SECTION 51. ORS 163.208 is amended to read:
163.208. (1) A person commits the crime of assaulting a public
safety officer if the person intentionally or knowingly causes
physical injury to the other person, knowing the other person to
be a peace officer, corrections officer, youth
{ - corrections - } { + correction + } officer, parole and
probation officer or firefighter, and while the other person is
acting in the course of official duty.
(2) Assaulting a public safety officer is a Class A
misdemeanor.
(3)(a) Except as otherwise provided in paragraph (b) of this
subsection, a person convicted under this section shall be
sentenced to not less than seven days of imprisonment and shall
not be granted bench parole or suspension of sentence nor
released on a sentence of probation before serving at least seven
days of the sentence of confinement.
(b) A person convicted under this section shall be sentenced to
not less than 14 days of imprisonment and shall not be granted
bench parole or suspension of sentence nor released on a sentence
of probation before serving at least 14 days of the sentence of
confinement if the victim is a peace officer.
{ + NOTE: + } Corrects job title in (1).
SECTION 52. ORS 163.315 is amended to read:
163.315. (1) A person is considered incapable of consenting to
a sexual act if the person is:
(a) Under 18 years of age; { - or - }
(b) Mentally defective; { - or - }
(c) Mentally incapacitated; or
(d) Physically helpless.
(2) A lack of verbal or physical resistance does not, by
itself, constitute consent but may be considered by the trier of
fact along with all other relevant evidence.
{ + NOTE: + } Deletes superfluous conjunctions in (1)(a) and
(b).
SECTION 53. ORS 164.035 is amended to read:
164.035. (1) In a prosecution for theft it is a defense that
the defendant acted under an honest claim of right, in that:
(a) The defendant was unaware that the property was that of
another; or
(b) The defendant reasonably believed that the defendant was
entitled to the property involved or had a right to acquire or
dispose of it as the defendant did.
(2) In a prosecution for theft by extortion committed by
instilling in the victim a fear that the victim or another person
would be charged with a crime, it is a defense that the defendant
reasonably believed the threatened charge to be true and that the
sole purpose of the defendant was to compel or induce the victim
to take reasonable action to make good the wrong which was the
subject of the threatened charge.
(3) In a prosecution for theft by receiving, it is a defense
that the defendant received, retained, concealed or disposed of
the property with the intent of restoring it to the owner.
(4) It is a defense that the property involved was that of the
defendant's spouse, unless the parties were not living together
as { - man - } { + husband + } and wife and were living in
separate abodes at the time of the alleged theft.
{ + NOTE: + } Corrects word choice in (4).
SECTION 54. ORS 165.540 is amended to read:
165.540. (1) Except as otherwise provided in ORS 133.724 or
subsections (2) to (7) of this section, no person shall:
(a) Obtain or attempt to obtain the whole or any part of a
telecommunication or a radio communication to which such person
is not a participant, by means of any device, contrivance,
machine or apparatus, whether electrical, mechanical, manual or
otherwise, unless consent is given by at least one participant.
(b) Tamper with the wires, connections, boxes, fuses, circuits,
lines or any other equipment or facilities of a telecommunication
or radio communication company over which messages are
transmitted, with the intent to obtain unlawfully the contents of
a telecommunication or radio communication to which such person
is not a participant.
(c) Obtain or attempt to obtain the whole or any part of a
conversation by means of any device, contrivance, machine or
apparatus, whether electrical, mechanical, manual or otherwise,
if all participants in the conversation are not specifically
informed that their conversation is being obtained.
(d) Obtain the whole or any part of a conversation,
telecommunication or radio communication from any person, while
knowing or having good reason to believe that such conversation,
telecommunication or radio communication was initially obtained
in a manner prohibited by this section.
(e) Use or attempt to use, or divulge to others any
conversation, telecommunication or radio communication obtained
by any means prohibited by this section.
(2)(a) The prohibitions in subsection (1)(a), (b) and (c) of
this section shall not apply to officers, employees or agents of
a telecommunication or radio communication company who perform
the acts prohibited by subsection (1)(a), (b) and (c) of this
section for the purpose of construction, maintenance or
conducting of their telecommunication or radio communication
service, facilities or equipment; nor shall such prohibitions
apply to public officials in charge of and at jails, police
premises, sheriffs' offices, Department of Corrections
institutions and other penal or correctional institutions, except
as to communications or conversations between an attorney and the
client of the attorney.
(b) Officers, employees or agents of a telecommunication or
radio communication company who obtain information under
paragraph (a) of this subsection shall not use or attempt to use,
or divulge to others such information except for the purpose of
construction, maintenance, or conducting of their
telecommunication or radio communication service, facilities or
equipment.
(3) The prohibitions in subsection (1)(a), (b) or (c) of this
section shall not apply to subscribers or members of their family
who perform the acts prohibited in subsection (1) of this section
in their homes.
(4) The prohibitions in subsection (1)(a) of this section do
not apply to the receiving or obtaining of the contents of any
radio or television broadcast transmitted for the use of the
general public.
(5)(a) The prohibitions in subsection (1)(c) of this section do
not apply:
(A) When a law enforcement officer obtains a conversation
between the officer or someone under the officer's direct
supervision pursuant to a court order under ORS 133.726,
providing the person who obtains or records the conversation does
not intentionally fail to record and preserve the conversation in
its entirety.
(B) When a law enforcement officer obtains a conversation
between the officer, or someone under the direct supervision of
the officer, and a person who the officer has probable cause to
believe has committed, is engaged in committing or is about to
commit a crime punishable as a felony under ORS 475.992 or
475.995 or the circumstances at the time the conversation is
obtained are of such exigency that it would be unreasonable to
obtain the court order under ORS 133.726, providing the person
who obtains or records the conversation does not intentionally
fail to record and preserve the conversation in its entirety.
(b) Except to a superior officer or other official with whom
the officer is cooperating in the enforcement of felony laws, or
to a magistrate, or in a presentation to a federal or state grand
jury, the conversation obtained under paragraph (a) of this
subsection shall not, without a court order, be divulged to
others before the preliminary hearing or trial in which the
conversation is introduced as evidence against the suspected
person.
(c) As used in this subsection, 'law enforcement officer '
means an officer employed by the United States, this state or a
municipal government, or a political subdivision, agency,
department or bureau of those governments, to enforce criminal
laws. A law enforcement officer may obtain a conversation under
paragraph (a) of this subsection only when acting within the
scope of this employment and as a part of assigned duties.
(6) The { - provisions - } { + prohibitions + } in
subsection (1)(c) of this section do not apply to a person who
records a conversation during a felony that endangers human life.
(7) The { - prohibition - } { + prohibitions + } in
subsection (1)(c) of this section shall not apply to persons who
intercept or attempt to intercept with an unconcealed recording
device the oral communications that are part of any of the
following proceedings:
(a) Public or semipublic meetings such as hearings before
governmental or quasi-governmental bodies, trials, press
conferences, public speeches, rallys and sporting or other
events;
(b) Regularly scheduled classes or similar educational
activities in public or private institutions; or
(c) Private meetings or conferences if all others involved knew
or reasonably should have known that the recording was being
made.
(8) The prohibitions in subsection (1)(a), (c), (d) and (e) of
this section do not apply to any:
(a) Radio communication which is transmitted by a station
operating on an authorized frequency within the amateur or
citizens bands; or
(b) Person who intercepts a radio communication which is
transmitted by any governmental, law enforcement, civil defense
or public safety communications system, including police and
fire, readily accessible to the general public provided that the
interception is not for purposes of illegal activity.
(9) Violation of subsection (1) { + , + } { - of this
section, subsection - } (2)(b) or { - subsection - } (5)(b)
or (c) of this section is a Class A misdemeanor.
{ + NOTE: + } Corrects word choice in (6) and (7); corrects
syntax in (9).
SECTION 55. ORS 166.025 is amended to read:
166.025. (1) A person commits the crime of disorderly conduct
if, with intent to cause public inconvenience, annoyance or
alarm, or recklessly creating a risk thereof, the person:
(a) Engages in fighting or in violent, tumultuous or
threatening behavior; { - or - }
(b) Makes unreasonable noise; { - or - }
(c) Disturbs any lawful assembly of persons without lawful
authority; { - or - }
(d) Obstructs vehicular or pedestrian traffic on a public way;
{ - or - }
(e) Congregates with other persons in a public place and
refuses to comply with a lawful order of the police to disperse;
{ - or - }
(f) Initiates or circulates a report, knowing it to be false,
concerning an alleged or impending fire, explosion, crime,
catastrophe or other emergency; or
(g) { - Created - } { + Creates + } a hazardous or
physically offensive condition by any act which the person is not
licensed or privileged to do.
(2) Disorderly conduct is a Class B misdemeanor.
{ + NOTE: + } Deletes superfluous conjunctions in (1)(a) to
(e); corrects verb tense in (1)(g).
SECTION 56. ORS 166.291 is amended to read:
166.291. (1) The sheriff of a county, upon a person's
application for an Oregon concealed handgun license, upon receipt
of the appropriate fees and after compliance with the procedures
set out in this section, shall issue the person a concealed
handgun license if the person:
(a)(A) Is a citizen of the United States; or
(B) Is a legal resident alien who can document continuous
residency in the county for at least six months and has declared
in writing to the Immigration and Naturalization Service the
intent to acquire citizenship status and can present proof of the
written declaration to the sheriff at the time of application for
the license;
(b) Is at least 21 years of age;
(c) Has a principal residence in the county in which the
application is made;
(d) Has no outstanding warrants for arrest;
(e) Is not free on any form of pretrial release;
(f) Demonstrates competence with a handgun by any one of the
following:
(A) Completion of any hunter education or hunter safety course
approved by the State Department of Fish and Wildlife or a
similar agency of another state if handgun safety was a component
of the course;
(B) Completion of any National Rifle Association firearms
safety or training course if handgun safety was a component of
the course;
(C) Completion of any firearms safety or training course or
class available to the general public offered by law enforcement,
community college, or private or public institution or
organization or firearms training school utilizing instructors
certified by the National Rifle Association or a law enforcement
agency if handgun safety was a component of the course;
(D) Completion of any law enforcement firearms safety or
training course or class offered for security guards,
investigators, reserve law enforcement officers or any other law
enforcement officers if handgun safety was a component of the
course;
(E) Presents evidence of equivalent experience with a handgun
through participation in organized shooting competition or
military service;
(F) Is licensed or has been licensed to carry a firearm in this
state, unless the license has been revoked; or
(G) Completion of any firearms training or safety course or
class conducted by a firearms instructor certified by a law
enforcement agency or the National Rifle Association if handgun
safety was a component of the course;
(g) Has never been convicted of a felony or found guilty,
except for insanity under ORS 161.295, of a felony;
(h) Has not been convicted of a misdemeanor or found guilty,
except for insanity under ORS 161.295, of a misdemeanor within
the four years prior to the application;
(i) Has not been committed to the Mental Health and
Developmental Disability Services Division under ORS 426.130;
(j) Has not been found to be mentally ill and is not subject to
an order under ORS 426.130 that the person be prohibited from
purchasing or possessing a firearm as a result of that mental
illness;
(k) Has been discharged from the jurisdiction of the juvenile
court for more than four years if, while a minor, the person was
found to be within the jurisdiction of the juvenile court for
having committed an act that, if committed by an adult, would
constitute a felony or a misdemeanor involving violence, as
defined in ORS 166.470; and
(L) Is not subject to a citation issued under ORS 163.735 or an
order issued under ORS 30.866, 107.700 to 107.732 or 163.738.
(2) A person who has been granted relief under ORS 166.274 or
166.293 or 18 U.S.C. 925(c) or has had the person's record
expunged under the laws of this state or equivalent laws of other
jurisdictions is not subject to the disabilities in subsection
(1)(g) to (k) of this section.
(3) Before the sheriff may issue a license:
(a) The application must state the applicant's legal name,
current address and telephone number, date and place of birth,
hair and eye color and height and weight. The application must
also list the applicant's residence address or addresses for the
previous three years. The application must contain a statement by
the applicant that the applicant meets the requirements of
subsection (1) of this section. The application may include the
social security number of the applicant if the applicant
voluntarily provides this number. The application must be signed
by the applicant.
(b) The applicant must submit to fingerprinting and
photographing by the sheriff. The sheriff shall fingerprint and
photograph the applicant and shall conduct any investigation
necessary to corroborate the requirements listed under subsection
(1) of this section.
(4) Application forms for concealed handgun licenses shall be
supplied by the sheriff upon request. The forms shall be uniform
throughout the state in substantially the following form:
_________________________________________________________________
APPLICATION FOR LICENSE TO CARRY CONCEALED HANDGUN
Date_____
I hereby declare as follows:
I am a citizen of the United States or a legal resident alien
who can document continuous residency in the county for at least
six months and have declared in writing to the Immigration and
Naturalization Service my intention to become a citizen and can
present proof of the written declaration to the sheriff at the
time of this application. I am at least 21 years of age. I have
been discharged from the jurisdiction of the juvenile court for
more than four years if, while a minor, I was found to be within
the jurisdiction of the juvenile court for having committed an
act that, if committed by an adult, would constitute a felony or
a misdemeanor involving violence, as defined in ORS 166.470. I
have never been convicted of a felony or found guilty, except for
insanity under ORS 161.295, of a felony in the State of Oregon or
elsewhere. I have not, within the last four years, been convicted
of a misdemeanor or found guilty, except for insanity under ORS
161.295, of a misdemeanor. There are no outstanding warrants for
my arrest and I am not free on any form of pretrial release. I
have not been committed to the Mental Health and Developmental
Disability Services Division under ORS 426.130, nor have I been
found mentally ill and presently subject to an order prohibiting
me from purchasing or possessing a firearm because of mental
illness. If any of the previous conditions do apply to me, I have
been granted relief or wish to petition for relief from the
disability under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or
have had the records expunged. I am not subject to a citation
issued under ORS 163.735 or an order issued under ORS 30.866,
107.700 to 107.732 or 163.738. I understand I will be
fingerprinted and photographed.
{ + Legal name + } ________
Age ____ Date of birth _____
Place of birth ________
Social Security Number _______
(Disclosure of your social security account number is voluntary.
Solicitation of the number is authorized under ORS 166.291. It
will be used only as a means of identification.)
Proof of identification (Two pieces of current identification are
required, one of which must bear a photograph of the applicant.
{ + The + } type of identification and { + the + } number on
{ + the + } identification { + are + } to be filled in by
{ + the + } sheriff { + . + }):
1.________
2.________
Height ___ Weight ___
{ + Hair color + } ___ { + Eye color + } ___
Current address _____
(List residence addresses for the
past three years on { + the + } back { + . + })
City ___ County ___ Zip ___
Phone ___
I have read the entire text of this application, and the
statements therein are correct and true. (Making false statements
on this application is a misdemeanor.)
__________
(Signature of Applicant)
Character references.
__________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
__________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name Address
Approved __ Disapproved __ by __
Competence with handgun demonstrated by ___ (to be filled in by
sheriff) Date ___ Fee Paid ___
License No. ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(5)(a) Fees for concealed handgun licenses are:
(A) $15 to the Department of State Police for conducting the
fingerprint check of the applicant.
(B) $50 to the sheriff for the issuance or renewal of a
concealed handgun license.
(C) $15 to the sheriff for the duplication of a license because
of loss or change of address.
(b) The sheriff may enter into an agreement with the Department
of Transportation to produce the concealed handgun license.
(6) No civil or criminal liability shall attach to the sheriff
or any authorized representative engaged in the receipt and
review of, or an investigation connected with, any application
for, or in the issuance, denial or revocation of, any license
under ORS 166.291 to 166.295 as a result of the lawful
performance of duties under those sections.
(7) Immediately upon acceptance of an application for a
concealed handgun license, the sheriff shall enter the
applicant's name into the Law Enforcement Data System indicating
that the person is an applicant for a concealed handgun license
or is a license holder.
(8) The county sheriff may waive the residency requirement in
subsection (1)(c) of this section for a resident of a contiguous
state who has a compelling business interest or other legitimate
demonstrated need.
{ + NOTE: + } Inserts appropriate provisions and corrects
syntax and punctuation in (4) form.
SECTION 57. ORS 173.130 is amended to read:
173.130. (1) The Legislative Counsel shall prepare or assist in
the preparation of legislative measures when requested to do so
by a member or committee of the Legislative Assembly.
(2) Upon the written request of a state agency, the Legislative
Counsel may prepare or assist in the preparation of legislative
measures that have been approved for preparation in writing by
the Governor or the Governor's designated representative. The
Legislative Counsel may also prepare or assist in the preparation
of legislative measures that are requested in writing by the
Secretary of State, the State Treasurer, the Attorney General,
the Commissioner of the Bureau of Labor and Industries or the
Superintendent of Public Instruction. In accordance with ORS
283.110, the Legislative Counsel may charge the agency or officer
for the services performed.
(3) The Legislative Counsel shall give such consideration to
and service concerning any measure or other legislative matter
before the Legislative Assembly { - that - } { + as + } is
requested by the House of Representatives, the Senate or any
committee of the Legislative Assembly that has the measure or
other matter under consideration.
(4) The Legislative Counsel, pursuant to the policies and
directions of the Legislative Counsel Committee and in conformity
with any applicable rules of the House of Representatives or
Senate, shall perform or cause to be performed research service
requested by any member or committee of the Legislative Assembly
in connection with the performance of legislative functions.
Research assignments made by joint or concurrent resolution of
the Legislative Assembly shall be given priority over other
research requests received by the Legislative Counsel. The
research service to be performed includes the administrative
services incident to the accomplishment of the research requests
or assignments.
(5) The Legislative Counsel shall give an opinion in writing
upon any question of law in which the Legislative Assembly or any
member or committee of the Legislative Assembly may have an
interest when the Legislative Assembly or any member or committee
of the Legislative Assembly requests the opinion. The Legislative
Counsel shall not give opinions or other legal advice to persons
or agencies other than the Legislative Assembly and members and
committees of the Legislative Assembly.
(6) The Legislative Counsel may enter into contracts to carry
out the functions of the Legislative Counsel.
{ + NOTE: + } Corrects word choice in (3).
SECTION 58. { + Notwithstanding any other provision of law,
ORS 174.104 shall not be considered to have been added to or made
a part of ORS 193.010 to 193.100 for the purpose of statutory
compilation or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
series. + }
{ + NOTE: + } Removes section from inappropriate series.
SECTION 59. ORS 179.477 is amended to read:
179.477. (1) If, in the opinion of the superintendent of the
state mental hospital, an inmate or youth offender transferred to
the state mental hospital under ORS 179.475 (1) is { + a + }
mentally ill { + person + }, as defined in ORS 426.005, and
would benefit from the program of the state mental hospital, but
the inmate or youth offender is unable or unwilling to authorize
continued treatment in the state mental hospital, the
superintendent may petition the court in the county where the
hospital is located for a commitment hearing pursuant to ORS
426.070. The hospital shall provide the court an investigation
report comparable to that required under ORS 426.070. Hospital
staff shall not serve as examiners of this person for the court
under ORS 426.110. The inmate or youth offender shall have the
same rights as an allegedly mentally ill person under ORS 426.070
to 426.170. If the person is determined not to be mentally ill,
the inmate or youth offender shall be returned to the referring
institution forthwith. If the inmate or youth offender is
determined to be mentally ill by clear and convincing evidence,
the person shall be committed to the Mental Health and
Developmental Disability Services Division for up to 180 days,
with continued commitment subject to the provisions of ORS
426.301 to 426.307. Any time spent on commitment under ORS
426.130 or 426.307 or in a state mental hospital shall be applied
against the duration of the sentence to the custody of the
Department of Corrections or the commitment to a youth correction
facility. The Mental Health and Developmental Disability Services
Division shall receive approval of the Department of Corrections
and State Board of Parole and Post-Prison Supervision prior to
placing an inmate on trial visit under ORS 426.273 and 426.275.
The Mental Health and Developmental Disability Services Division
shall receive approval of the youth correction facility prior to
placing a youth offender on trial visit under ORS 426.273 and
426.275.
(2) If, at any time, the inmate or youth offender is determined
by the hospital superintendent or by the court pursuant to ORS
426.307 to no longer be mentally ill, the person shall be
promptly returned to the referring institution and the commitment
for mental illness terminated.
{ + NOTE: + } Corrects terminology in (1).
SECTION 60. ORS 181.010 is amended to read:
181.010. As used in ORS 181.010 to 181.560 and 181.715 to
181.730, unless the context requires otherwise:
(1) 'Bureau' means the Department of State Police Bureau of
Criminal Identification.
{ + (2) 'Criminal justice agency' means:
(a) The Governor;
(b) Courts of criminal jurisdiction;
(c) The Attorney General;
(d) District attorneys, city attorneys with criminal
prosecutive functions and public defender organizations
established under ORS chapter 151;
(e) Law enforcement agencies;
(f) The Department of Corrections;
(g) The State Board of Parole and Post-Prison Supervision;
(h) The Department of Public Safety Standards and Training; and
(i) Any other state or local agency with law enforcement
authority designated by order of the Governor. + }
{ - (2) - } { + (3) + } 'Criminal offender information'
includes records and related data as to physical description and
vital statistics, fingerprints received and compiled by the
bureau for purposes of identifying criminal offenders and alleged
offenders, records of arrests and the nature and disposition of
criminal charges, including sentencing, confinement, parole and
release.
{ - (3) - } { + (4) + } 'Department' means the Department
of State Police established under ORS 181.020.
{ - (4) - } { + (5) + } 'Deputy superintendent' means the
Deputy Superintendent of State Police.
{ + (6) 'Designated agency' means any state, county or
municipal government agency where Oregon criminal offender
information is required to implement a federal or state statute,
executive order or administrative rule that expressly refers to
criminal conduct and contains requirements or exclusions
expressly based on such conduct or for agency employment
purposes, licensing purposes or other demonstrated and legitimate
needs when designated by order of the Governor.
(7) 'Disposition report' means a form or process prescribed or
furnished by the bureau, containing a description of the ultimate
action taken subsequent to an arrest. + }
{ - (5) - } { + (8) + } 'Law enforcement agency' means
county sheriffs, municipal police departments, State Police,
other police officers of this and other states and law
enforcement agencies of the federal government.
{ - (6) - } { + (9) + } 'State Police' means the members of
the state police force appointed under ORS 181.250.
{ - (7) - } { + (10) + } 'Superintendent' means the
Superintendent of State Police.
{ - (8) 'Criminal justice agency' means: - }
{ - (a) The Governor; - }
{ - (b) Courts of criminal jurisdiction; - }
{ - (c) The Attorney General; - }
{ - (d) District attorneys, city attorneys with criminal
prosecutive functions and public defender organizations
established under ORS chapter 151; - }
{ - (e) Law enforcement agencies; - }
{ - (f) The Department of Corrections; - }
{ - (g) The State Board of Parole and Post-prison
Supervision; - }
{ - (h) The Board on Public Safety Standards and Training;
and - }
{ - (i) Any other state or local agency with law enforcement
authority designated by order of the Governor. - }
{ - (9) 'Designated agency' means any state, county or
municipal government agency where Oregon criminal offender
information is required to implement a federal or state statute,
executive order or administrative rule that expressly refers to
criminal conduct and contains requirements or exclusions
expressly based on such conduct or for agency employment
purposes, licensing purposes or other demonstrated and legitimate
needs when designated by order of the Governor. - }
{ - (10) 'Disposition report' means a form or process
prescribed or furnished by the bureau, containing a description
of the ultimate action taken subsequent to an arrest. - }
{ + NOTE: + } Conforms section structure to legislative form
and style.
SECTION 61. ORS 181.662 is amended to read:
181.662. (1) The Department of Public Safety Standards and
Training may deny or revoke the certification of any instructor
or public safety officer, except a youth correction officer or
fire service professional, after written notice and hearing
consistent with the provisions of ORS 181.661, based upon a
finding that:
(a) The public safety officer or instructor falsified any
information submitted on the application for certification or on
any documents submitted to the Board on Public Safety Standards
and Training or the department.
(b) The public safety officer or instructor has been convicted
of a crime in this state or any other jurisdiction.
(c) The public safety officer or instructor does not meet the
applicable minimum standards, minimum training or the terms and
conditions established under ORS 181.640 (1)(a) to (d).
(2) The department may deny or revoke the certification of any
fire service professional after written notice and hearing
consistent with the provisions of ORS 181.661, based upon a
finding that:
(a) The fire service professional falsified any information
submitted on the application for certification or on any
documents submitted to the board or the department; or
(b) The fire service professional has been discharged for cause
from employment in the fire service.
(3) The department shall deny or revoke the certification of
any public safety officer { + or instructor + }, except a youth
correction officer or fire service professional, after written
notice and hearing consistent with the provisions of ORS 181.661,
based upon a finding that:
(a) The public safety officer or instructor has been discharged
for cause from employment as a public safety officer.
(b) The public safety officer or instructor has been convicted
while employed by a law enforcement unit or public or private
safety agency in this state or any other jurisdiction of a crime
designated under the law where the conviction occurred as being
punishable as a felony or as a crime for which a maximum term of
imprisonment of more than one year may be imposed.
(c) The public safety officer or instructor has been convicted
of violating any law of this state or any other jurisdiction
involving the unlawful use, possession, delivery or manufacture
of a controlled substance, narcotic or dangerous drug.
(d) The public safety officer or instructor has been convicted
in this state of violating ORS 162.065, 162.075, 162.085,
163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408,
163.411, 163.415, 163.425, 163.427, 163.435, 163.445, 163.465,
163.515, 163.525, 163.575, 163.670, 163.675 (1985 Replacement
Part), 163.680 (1993 Edition), 163.684, 163.686, 167.007,
167.012, 167.017, 167.065, 167.070, 167.075 or 167.080 or has
been convicted of violating the statutory counterpart of any of
those offenses in any other jurisdiction.
(4) The department shall deny or revoke the accreditation of a
training or educational program or any course, subject, facility
or instruction thereof if the program, course, subject, facility
or instruction is not in compliance with rules adopted or
conditions prescribed under ORS 181.640 (1)(g) or 181.650 (3).
{ + NOTE: + } Corrects terminology in (3).
SECTION 62. ORS 182.466 is amended to read:
182.466. In addition to other powers granted by ORS 182.456 to
182.472 and by the statutes specifically applicable to a board, a
board may:
(1) Sue and be sued in its own name.
(2) Notwithstanding ORS chapter 279, enter into contracts and
acquire, hold, own, encumber, issue, replace, deal in and with
and dispose of real and personal property.
(3) Notwithstanding ORS 670.300, fix a per diem amount to be
paid to board members for each day or portion thereof during
which the member is actually engaged in the performance of
official duties. Board members may also receive actual and
necessary travel expenses or other expenses actually incurred in
the performance of their duties. If an advisory { - counsel - }
{ + council + } or peer review committee is established under
the law that governs the board, the board may also fix and pay
amounts and expenses for members thereof.
(4) Set the amount of any fee required by statute and establish
by rule and collect other fees as determined by the board. Fees
shall not exceed amounts necessary for the purpose of carrying
out the functions of the board. Notwithstanding ORS 183.335 and
except as provided in this subsection, a board shall hold a
public hearing prior to adopting or modifying any fee without
regard to the number of requests received to hold a hearing. A
board shall give notice to all licensees of the board prior to
holding a hearing on the adoption or modification of any fee. A
board may adopt fees in conjunction with the budget adoption
process described in ORS 182.462.
(5) Subject to any other statutory provisions, adopt procedures
and requirements governing the manner of making application for
issuance, renewal, suspension, revocation, restoration and
related activities concerning licenses that are under the
jurisdiction of a board.
{ + NOTE: + } Corrects word choice in (3).
SECTION 63. ORS 183.360 is amended to read:
183.360. (1) The Secretary of State shall compile, index and
publish all rules adopted by each agency. The compilation shall
be supplemented or revised as often as necessary and at least
once every six months. Such compilation supersedes any other
rules. The Secretary of State may make such compilations of other
material published in the bulletin as are desirable. The
Secretary of State may copyright the compilations prepared under
this subsection, and may establish policies for the revision,
clarification, classification, arrangement, indexing, printing,
binding, publication, sale and distribution of the compilations.
(2)(a) The Secretary of State has discretion to omit from the
compilation rules the publication of which would be unduly
cumbersome or expensive if the rule in printed or processed form
is made available on application to the adopting agency, and if
the compilation contains a notice summarizing the omitted rule
and stating how a copy thereof may be obtained. In preparing the
compilation the Secretary of State shall not alter the sense,
meaning, effect or substance of any rule, but may renumber
sections and parts of sections of the rules, change the wording
of headnotes, rearrange sections, change reference numbers to
agree with renumbered chapters, sections or other parts,
substitute the proper subsection, section or chapter or other
division numbers, change capitalization for the purpose of
uniformity, and correct manifest clerical or typographical
errors.
(b) The Secretary of State may by rule prescribe requirements,
not inconsistent with law, for the manner and form for filing of
rules adopted or amended by agencies. The Secretary of State may
refuse to accept for filing any rules which do not comply with
those requirements.
(3) The Secretary of State shall publish at least at monthly
intervals a bulletin which:
(a) Briefly indicates the agencies that are proposing to adopt,
amend or repeal a rule, the subject matter of the rule and the
name, address and telephone number of an agency officer or
employee from whom information and a copy of any proposed rule
may be obtained;
(b) Contains the text or a brief description of all rules filed
under ORS 183.355 since the last bulletin indicating the
effective date of the rule; and
(c) Contains executive orders of the Governor.
(4) Courts shall take judicial notice of rules and executive
orders filed with the Secretary of State.
(5) The compilation required by subsection (1) of this section
shall be titled Oregon Administrative Rules and may be cited as
{ - ' O.A.R.' - } { + ' OAR' + } with appropriate numerical
indications.
{ + NOTE: + } Corrects acronym in (5).
SECTION 64. ORS 183.464 is amended to read:
183.464. (1) Except as otherwise provided in subsections (1) to
(4) of this section, unless a { - hearings - }
{ + hearing + } officer is authorized or required by law or
agency rule to issue a final order, the { - hearings - }
{ + hearing + } officer shall prepare and serve on the agency
and all parties to a contested case hearing a proposed order,
including recommended findings of fact and conclusions of law.
The proposed order shall become final after the 30th day
following the date of service of the proposed order, unless the
agency within that period issues an amended order.
(2) An agency may by rule specify a period of time after which
a proposed order will become final that is different from that
specified in subsection (1) of this section.
(3) If an agency determines that additional time will be
necessary to allow the agency adequately to review a proposed
order in a contested case, the agency may extend the time after
which the proposed order will become final by a specified period
of time. The agency shall notify the parties to the hearing of
the period of extension.
(4) Subsections (1) to (4) of this section do not apply to the
Public Utility Commission or the Energy Facility Siting Council.
(5) The Governor may exempt any agency or any class of
contested case hearings before an agency from the requirements in
whole or part of subsections (1) to (4) of this section by
executive order. The executive order shall contain a statement of
the reasons for the exemption.
{ + NOTE: + } Corrects terminology in (1).
SECTION 65. ORS 184.656 is amended to read:
184.656. (1) The Governor shall submit to the Legislative
Assembly a proposed biennial program budget for the Department of
Transportation that specifies how existing revenues from all
sources will be spent in the following categories:
{ - (a) Aeronautics. - }
{ - (b) - } { + (a) + } Oregon Board of Maritime Pilots.
{ - (c) - } { + (b) + } Central services.
{ - (d) - } { + (c) + } Driver and motor vehicle services.
{ - (e) - } { + (d) + } Highways.
{ - (f) - } { + (e) + } Motor carriers.
{ - (g) - } { + (f) + } Rail.
{ - (h) - } { + (g) + } Transit.
{ - (i) - } { + (h) + } Transportation development.
{ - (j) - } { + (i) + } Transportation safety.
{ - (k) - } { + (j) + } Others, including:
(A) Capital construction.
(B) Capital improvements.
(C) Light rail debt service.
(D) Nonlimited.
(2) The budget presented for highways shall show projected
expenditures in each of the following categories:
(a) Bridges.
(b) Emergency relief.
(c) Highway planning.
(d) Highway safety.
(e) Maintenance.
(f) Modernization, including but not limited to expenditures
for reduction of accidents in areas that are known to have a high
incidence of accidents.
(g) Operations.
(h) Payments to local governments.
(i) Preservation.
(j) Special programs, including but not limited to bicycle and
pedestrian facilities.
(3) The budget shall be accompanied by the Highway Construction
Plan described in ORS 184.658.
{ + NOTE: + } Deletes obsolete provision.
SECTION 66. ORS 192.501 is amended to read:
192.501. The following public records are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which
the public body is a party if the complaint has been filed, or if
the complaint has not been filed, if the public body shows that
such litigation is reasonably likely to occur. This exemption
does not apply to litigation which has been concluded, and
nothing in this subsection shall limit any right or opportunity
granted by discovery or deposition statutes to a party to
litigation or potential litigation;
(2) Trade secrets. 'Trade secrets,' as used in this section,
may include, but are not limited to, any formula, plan, pattern,
process, tool, mechanism, compound, procedure, production data,
or compilation of information which is not patented, which is
known only to certain individuals within an organization and
which is used in a business it conducts, having actual or
potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who
do not know or use it;
(3) Investigatory information compiled for criminal law
purposes. The record of an arrest or the report of a crime shall
be disclosed unless and only for so long as there is a clear need
to delay disclosure in the course of a specific investigation,
including the need to protect the complaining party or the
victim. Nothing in this subsection shall limit any right
constitutionally guaranteed, or granted by statute, to disclosure
or discovery in criminal cases. For purposes of this subsection,
the record of an arrest or the report of a crime includes, but is
not limited to:
(a) The arrested person's name, age, residence, employment,
marital status and similar biographical information;
(b) The offense with which the arrested person is charged;
(c) The conditions of release pursuant to ORS 135.230 to
135.290;
(d) The identity of and biographical information concerning
both complaining party and victim;
(e) The identity of the investigating and arresting agency and
the length of the investigation;
(f) The circumstances of arrest, including time, place,
resistance, pursuit and weapons used; and
(g) Such information as may be necessary to enlist public
assistance in apprehending fugitives from justice;
(4) Test questions, scoring keys, and other data used to
administer a licensing examination, employment, academic or other
examination or testing procedure before the examination is given
and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or
evaluating an examination or testing procedure are included in
this exemption, to the extent that disclosure would create a risk
that the result might be affected;
(5) Information consisting of production records, sale or
purchase records or catch records, or similar business records of
a private concern or enterprise, required by law to be submitted
to or inspected by a governmental body to allow it to determine
fees or assessments payable or to establish production quotas,
and the amounts of such fees or assessments payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. This
exemption does not include records submitted by long term care
facilities as defined in ORS 442.015 to the state for purposes of
reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made
of such information for regulatory purposes or its admissibility
in any enforcement proceeding;
(6) Information relating to the appraisal of real estate prior
to its acquisition;
(7) The names and signatures of employees who sign
authorization cards or petitions for the purpose of requesting
representation or decertification elections;
(8) Investigatory information relating to any complaint filed
under ORS 659.040 or 659.045, until such time as the complaint is
resolved under ORS 659.050, or a final administrative
determination is made under ORS 659.060;
(9) Investigatory information relating to any complaint or
charge filed under ORS 243.676 and 663.180;
(10) Records, reports and other information received or
compiled by the Director of the Department of Consumer and
Business Services under ORS 697.732;
(11) Information concerning the location of archaeological
sites or objects as those terms are defined in ORS 358.905,
except if the governing body of an Indian tribe requests the
information and the need for the information is related to that
Indian tribe's cultural or religious activities. This exemption
does not include information relating to a site that is all or
part of an existing, commonly known and publicized tourist
facility or attraction;
(12) A personnel discipline action, or materials or documents
supporting that action;
(13) Information developed pursuant to ORS 496.004, 496.172 and
498.026 or ORS 496.192 and 564.100, regarding the habitat,
location or population of any threatened species or endangered
species;
(14) Writings prepared by or under the direction of faculty of
public educational institutions, in connection with research,
until publicly released, copyrighted or patented;
(15) Computer programs developed or purchased by or for any
public body for its own use. As used in this subsection, '
computer program' means a series of instructions or statements
which permit the functioning of a computer system in a manner
designed to provide storage, retrieval and manipulation of data
from such computer system, and any associated documentation and
source material that explain how to operate the computer program.
' Computer program' does not include:
(a) The original data, including but not limited to numbers,
text, voice, graphics and images;
(b) Analyses, compilations and other manipulated forms of the
original data produced by use of the program; or
(c) The mathematical and statistical formulas which would be
used if the manipulated forms of the original data were to be
produced manually;
(16) Data and information provided by participants to mediation
under ORS 36.256;
(17) Investigatory information relating to any complaint or
charge filed under ORS chapter 654, until a final administrative
determination is made or, if a citation is issued, until an
employer receives notice of any citation;
(18) Specific operational plans in connection with an
anticipated threat to individual or public safety for deployment
and use of personnel and equipment, prepared and used by a law
enforcement agency, if public disclosure thereof would endanger
the life or physical safety of a citizen or law enforcement
officer or jeopardize the law enforcement activity involved;
(19)(a) Audits or audit reports required of a
telecommunications carrier. As used in this paragraph, 'audit or
audit report' means any external or internal audit or audit
report pertaining to a telecommunications carrier, as defined in
ORS 133.721, or pertaining to a corporation having an affiliated
interest, as defined in ORS 759.010, with a telecommunications
carrier that is intended to make the operations of the entity
more efficient, accurate or compliant with applicable rules,
procedures or standards, that may include self-criticism and that
has been filed by the telecommunications carrier or affiliate
under compulsion of state law. 'Audit or audit report' does not
mean an audit of a cost study that would be discoverable in a
contested case proceeding and that is not subject to a protective
order; and
(b) Financial statements. As used in this paragraph, '
financial statement' means a financial statement of a
nonregulated corporation having an affiliated interest, as
defined in ORS 759.010, with a telecommunications carrier, as
defined in ORS 133.721;
(20) The residence address of an elector if authorized under
ORS 247.965 and subject to ORS 247.967;
(21) The following records, communications and information
submitted to a housing authority as defined in ORS 456.005 by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns;
(b) Credit reports;
(c) Project appraisals;
(d) Market studies and analyses;
(e) Articles of incorporation, partnership agreements and
operating agreements;
(f) Commitment letters;
(g) Project pro forma statements;
(h) Project cost certifications and cost data;
(i) Audits;
(j) Project tenant correspondence requested to be confidential;
(k) Tenant files relating to certification; and
(L) Housing assistance payment requests;
(22) Records or information that, if disclosed, would allow a
person to:
(a) Gain unauthorized access to buildings or other property
used or owned by a public body;
(b) Identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or
interference with, the services provided by a public body; or
(c) Disrupt, interfere with or gain unauthorized access to
information processing, communication or telecommunication
systems, including the information contained therein, that are
used or operated by a public body;
(23) Records or information that would reveal the security
measures taken or recommended to be taken to protect:
(a) An officer or employee of a public body;
(b) Buildings or other property used or owned by a public body;
(c) Information processing, communication or telecommunication
systems, including the information contained therein, that are
used or operated by a public body; or
(d) Those operations of the Oregon State Lottery the security
of which are subject to study and evaluation under ORS 461.180
(6);
(24) Writings prepared by or under the direction of officials
of Oregon Health Sciences University about a person and the
person's potential interest in donating money or property to the
university or the person's actual donation unless disclosure is
authorized by the person; and
(25) Records of the name and address of a person who files a
report with or pays an assessment to a council, board or
commission created or organized under ORS chapter 576, 577, 578
or 579. As used in this subsection, 'council, board or commission
' does not include the advisory { - board - }
{ + committee + } established under ORS 576.810.
{ + NOTE: + } Corrects word choice in (25).
SECTION 67. ORS 192.525 is amended to read:
192.525. (1) The Legislative Assembly declares that it is the
policy of the State of Oregon to protect both the right of an
individual to have the medical history of the individual
protected from disclosure to persons other than the health care
provider and insurer of the individual who needs such
information, and the right of an individual to review the medical
records of that individual. It is recognized that both rights may
be limited, but only to benefit the patient. These rights of
confidentiality and full access must be protected by private and
public institutions providing health care services and by private
practitioners of the healing arts. The State of Oregon commits
itself to fulfilling the objectives of this public policy for
public providers of health care. Private practitioners of the
healing arts and private institutions providing health care
services are encouraged to adopt voluntary guidelines that will
grant health care recipients access to their own medical records
while preserving those records from unnecessary disclosure.
(2) Except as otherwise provided by law, a health care provider
must disclose a patient's medical records after receiving a
written release authorization that directs the health care
provider to produce the patient's medical records. If the patient
is able to give consent to the release, the authorization must be
signed by the patient. If the patient is not able to give consent
to the release, the authorization must be signed by a person
authorized by law to obtain the medical records sought under the
authorization.
(3) A written release authorization under this section must be
in substantially the following form:
_________________________________________________________________
AUTHORIZATION TO DISCLOSE
MEDICAL RECORDS
This authorization must be written, dated and signed by the
patient or by a person authorized by law to give authorization.
I authorize _______ (name of hospital/health care provider) to
release a copy of the medical information for _____ (name of
patient) to _____ (name and address of recipient).
The information will be used on my behalf for the following
purpose(s):
_________________________________________________________________
_________________________________________________________________
By initialing the spaces below, I specifically authorize the
release of the following medical records, if such records exist:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_
All hospital records (including nursing
records and progress notes)
_
Transcribed hospital reports
_
Medical records needed for continuity
of care
_
Most recent five-year history
_
Laboratory reports
_
Pathology reports
_
Diagnostic imaging reports
_
Clinician office chart notes
_
Dental records
_
Physical therapy records
_
Emergency and urgency care records
_
Billing statements
_
Other
_______________
_
Please send the entire medical record (all
information) to the above named recipient.
The recipient understands this record may
be voluminous and agrees to pay all
reasonable charges associated with
providing this record.
_
*HIV/AIDS-related records
_
*Mental health information
_
*Genetic testing information
*Must be initialed to be included in other
documents.
_
**Drug/alcohol diagnosis, treatment
or referral information:
_______________
**Federal Regulation, 42 CFR Part 2, requires
a description of how much and what kind of
information is to be disclosed.
_
This authorization is limited to the
following treatment:
_______________
_
This authorization is limited to the
following time period:
_______________
_
This authorization is limited to a workers'
compensation claim for injuries of
______
(date).
This authorization may be revoked at any time. The only exception
is when action has been taken in reliance on the authorization.
Unless revoked earlier, this consent will expire 180 days from
the date of signing or shall remain in effect for the period
reasonably needed to complete the request.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____
________
(Date) (Signature of patient)
_____
________
(Date) (Signature of person
authorized by law)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(4) A health care provider may withhold another health care
provider's medical record after receiving a written release
authorization in the form provided for in subsection (3) of this
section. If a health care provider withholds any medical record
for any reason after receiving a written release authorization in
the form provided for in subsection (3) of this section, the
withheld medical record must be identified by the health care
provider in the response to the release authorization by
disclosing the author of the medical record and the date of the
medical record.
(5) Notwithstanding subsection (2) of this section, if, in the
professional judgment of a physician licensed under ORS chapter
677 or in the professional judgment of a licensed mental health
care provider, the disclosure of a medical record or any part of
a medical record would be injurious to a patient, the health care
provider may withhold a medical record or provide an accurate and
representative summary of the factual information contained in
the medical record. A health care provider must give notice if a
medical record is withheld or a summary is provided under this
subsection in the response to the release authorization.
(6) A health care provider may charge a reasonable fee for
responding to a release authorization under this section.
(7) A patient may not maintain an action for damages against a
health care provider for disclosures made by the health care
provider in good faith reliance on a properly executed written
release authorization as provided for in this section.
(8) For the purposes of this section, 'medical records '
includes chart notes, reports, laboratory reports,
correspondence, transcribed records, patient questionnaires and
any other record concerning the patient's care, diagnosis or
treatment. 'Medical records' does not include personal office
notes of the health care provider that do not concern the
patient's care, diagnosis or treatment.
(9) For the purposes of this section, 'health care provider'
means a person licensed by one of the following agencies, or any
employee of a person licensed by one of the following agencies:
(a) State Board of Examiners for Speech-Language Pathology and
Audiology;
(b) State Board of Chiropractic Examiners;
(c) State Board of Clinical Social Workers;
(d) Oregon Board of Licensed Professional Counselors and
Therapists;
(e) Oregon Board of Dentistry;
(f) State Board of Denture Technology;
(g) Board of Examiners of Licensed Dietitians;
(h) State Board of Massage Therapists;
(i) State Mortuary and Cemetery Board;
(j) Board of Naturopathic Examiners;
(k) Oregon State Board of Nursing;
(L) Board of Examiners of Nursing Home Administrators;
(m) Oregon Board of Optometry;
(n) State Board of Pharmacy;
(o) Board of Medical Examiners;
(p) Occupational Therapy Licensing Board;
(q) Physical Therapist Licensing Board;
(r) State Board of Psychologist Examiners; or
(s) Board of Radiologic Technology.
(10) For the purposes of this section, 'health care provider'
includes a health care facility { - described - }
{ + defined + } in ORS 442.015 { - (14) - } and emergency
medical technicians certified by the Health Division.
{ + NOTE: + } Corrects word choice and subsection reference
in (10). See amendments to 442.015 by section 181.
SECTION 68. ORS 197.754 is amended to read:
197.754. (1) A local government may identify land inside an
urban growth boundary for which the local government intends to
provide urban services within the next five to seven years. The
local government may evidence its intent by adopting a capital
improvement plan reasonably designed to provide the urban
services.
(2) A local government that identifies an area for planned
urban services and adopts a capital improvement plan may zone the
area for urban uses. A city that identifies land that is outside
the city's boundary but inside the urban growth boundary shall
coordinate with the appropriate county to zone the area for urban
uses.
(3)(a) Land in an area zoned for urban uses under this section
shall not be subject to { - ORS 308.399 - } { + additional
taxes under ORS 308A.700 to 308A.733 + } if the land ceases to be
used for farm use within the five years following the date the
area is zoned for urban uses.
(b) A lot or parcel in an area zoned for urban use under
subsection (2) of this section shall not be assessed at its value
for farm use under ORS { - 308.370 or 308A.071 - }
{ + 308A.050 to 308A.128 + } unless the lot or parcel was
receiving the farm use assessment at the time the area was zoned
for urban uses.
{ + NOTE: + } Corrects obsolete ORS references in (3)(a) and
(b).
SECTION 69. ORS 197.756 is amended to read:
197.756. (1) Upon the sale of a lot or parcel located inside an
urban growth boundary that is assessed at its value for farm use
under ORS { - 308.370 or 308A.071 - } { + 308A.050 to
308A.128 + }, the lot or parcel shall be disqualified for farm
use assessment if:
(a) The lot or parcel is in an area identified for urban
services under ORS 197.754; and
(b) The urban services are available by ordinance for
urbanization.
(2) Disqualification under subsection (1) of this section shall
not apply to the sale of a lot or parcel to the owner's spouse,
parent, stepparent, grandparent, sister, brother, daughter, son,
stepchild or grandchild, or sale to a lessee of the owner if the
lessee is conducting farm use as defined in ORS 215.203 on the
lot or parcel at the time of sale.
{ + NOTE: + } Corrects obsolete ORS references in (1).
SECTION 70. ORS 197.764 is amended to read:
197.764. (1) A local government may approve an application to
remove a lot or parcel from within an urban growth boundary if:
(a) The application is submitted by the owner of the lot or
parcel;
(b)(A) The lot or parcel is adjacent to the edge of the urban
growth boundary; or
(B) The lot or parcel is adjacent to another lot or parcel that
is removed under this section;
(c) The lot or parcel is assessed under ORS { - 308.370 or
308A.071 - } { + 308A.050 to 308A.128 + } for its value for
farm use;
(d) The lot or parcel is not within the boundaries of a city;
and
(e) The lot or parcel is not included in an area identified for
urban services under ORS 197.754.
(2) A local government, in deciding whether to approve an
application under subsection (1) of this section, shall consider:
(a) The projected costs and other consequences of extending
urban services to the affected lot or parcel;
(b) The potential value in the investment of providing urban
services to the affected lot or parcel;
(c) Any requirement for expanding the urban growth boundary in
other areas to compensate for any loss in buildable lands; and
(d) The projected costs and other consequences of providing
urban services to other areas brought in under an expanded urban
growth boundary.
(3)(a) Land that is removed from within an urban growth
boundary pursuant to an application approved under this section
shall be removed from any inventory of buildable lands maintained
by the local government.
(b) A local government that approves an application under this
section shall either expand the urban growth boundary to
compensate for any resulting reduction in available buildable
lands or increase the development capacity of the remaining
supply of buildable lands.
{ + NOTE: + } Corrects obsolete ORS references in (1)(c).
SECTION 71. ORS 200.005 is amended to read:
200.005. As used in ORS 200.005 to 200.075, 200.200 and
279.059:
(1) 'Disadvantaged business enterprise' means a small business
concern which is at least 51 percent owned by one or more
socially and economically disadvantaged individuals, or, in the
case of any corporation, at least 51 percent of the stock of
which is owned by one or more socially and economically
disadvantaged individuals and whose management and daily business
operations are controlled by one or more of the socially and
economically disadvantaged individuals who own it.
(2) 'Economically disadvantaged individual' means an individual
who is socially disadvantaged and whose ability to compete in the
free enterprise system has been impaired due to diminished
capital and credit opportunities as compared to another in the
same business area who is not socially disadvantaged.
(3) 'Emerging small business' means:
(a) A business with its principal place of business located in
this state;
(b) A business with average annual gross receipts over the last
three years not exceeding $1 million for construction firms and
$300,000 for nonconstruction firms;
(c) A business which has fewer than 20 employees;
(d) An independent business; and
(e) A business properly licensed and legally registered in this
state.
(4) 'Emerging small business' does not mean a subsidiary or
parent company belonging to a group of firms which are owned and
controlled by the same individuals which have aggregate annual
gross receipts in excess of $1 million for construction or
$300,000 for nonconstruction firms over the last three years.
(5) A business may be certified as an emerging small business
for no more than seven years.
(6) 'Minority or women business enterprise' means a small
business concern which is at least 51 percent owned by one or
more minorities or women, or in the case of a corporation, at
least 51 percent of the stock of which is owned by one or more
minorities or women, and whose management and daily business
operations are controlled by one or more of such individuals.
(7) 'Minority individual' means a person who is a citizen or
lawful permanent resident of the United States, who is:
(a) Black who is a person having origins in any of the black
racial groups of Africa;
(b) Hispanic who is a person of Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish culture or origin,
regardless of race;
(c) Asian American who is a person having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian
subcontinent or the Pacific Islands;
(d) Portuguese who is a person of Portuguese, Brazilian or
other Portuguese culture or origin, regardless of race;
(e) American Indian or Alaskan Native who is a person having
origins in any of the original peoples of North America; or
(f) { + A + } member of another group, or another individual
who is socially and economically disadvantaged as determined by
the Advocate for Minority, Women and Emerging Small
{ - Businesses - } { + Business + }.
(8) 'Small business concern' means a small business as defined
by the United States Small Business Administration per CFR 121,
as amended.
(9) 'Socially disadvantaged individual' means an individual who
has been subjected to racial or ethnic prejudice or cultural
bias, without regard to individual qualities, because of the
individual's identity as a member of a group.
(10) 'Woman' means a person of the female sex who is a citizen
or lawful permanent resident of the United States.
(11) 'Responsible bidder' means one who, in the determination
of the office of the Advocate for Minority, Women and Emerging
Small { - Businesses - } { + Business + }, has undertaken
both a policy and practice of actively pursuing participation by
minority and women businesses in all bids, both public and
private, submitted by such bidder.
{ + NOTE: + } Corrects syntax and official title in (7)(f);
corrects official title in (11).
{ + NOTE: + } Section 72 was deleted. Subsequent sections
were not renumbered.
SECTION 73. ORS 237.414 is amended to read:
237.414. (1) The Public Employees Retirement Board hereby is
authorized and directed to enter into an agreement or
modification of such agreement with the Federal Security
Administrator (United States Secretary of Health and Human
Services) on behalf of the State of Oregon, consistent with the
terms and provisions of ORS 237.412 to 237.418, for the purpose
of extending the benefits of the Federal Old Age and Survivors
Insurance system to employees of the state and the political
subdivisions which at the time of repeal of chapter 401, Oregon
Laws 1945, were participating in the Public Employees Retirement
System established by that chapter. The board may authorize its
director, on behalf of and in the name of the board, to sign
modifications of the agreement including within the agreement
legally qualified eligible public agencies.
(2) The agreement shall provide benefits for employees whose
services are covered by the agreement (and their dependents and
survivors) on the same basis as though such services constituted
employment within the meaning of title 2 of the Social Security
Act.
(3) The duties and obligations of the state and its political
subdivisions as employers, in relation to such agreement, shall
be as provided by ORS 237.420 to 237.520.
(4) Such agreement or modification thereof shall be effective
with respect to services performed after an effective date
specified in such agreement or modification, but in no case prior
to January 1, 1951.
(5) All services which:
(a) Constitute employment within the meaning of title 2 of the
Social Security Act { - , - } { + ; + }
(b) Are performed in the employ of the state or a political
subdivision or in the employ of an instrumentality of either the
state or a political subdivision, or both { - , - } { + ; + }
and
(c) Are covered by a plan which is in conformity with the terms
of the agreement and which has been approved by the board, shall
be covered by the agreement.
(6) The Public Employees Retirement Board hereby is authorized
and directed to include in the agreement for Old Age and
Survivors Insurance coverage to be executed by the board with the
Federal Security Administrator (United States Secretary of Health
and Human Services) in conformance with this section, the
elective officers of the political subdivisions described in
subsection (1) of this section, and the elective officers of the
State of Oregon.
{ + NOTE: + } Corrects punctuation in (5)(a) and (b).
SECTION 74. ORS 243.325 is amended to read:
243.325. For the purposes of this section and ORS 243.330 and
243.335, 'public employee' means officers or employees,
classified, unclassified, exempt and nonexempt, of:
(1) State agencies.
(2) Community colleges.
(3) School districts and { - educational - }
{ + education + } service districts.
(4) County governments.
(5) City governments.
(6) Districts as defined in ORS 255.012 and any other special
district.
{ + NOTE: + } Corrects word choice in (3).
SECTION 75. ORS 243.650 is amended to read:
243.650. As used in ORS 243.650 to 243.782, unless the context
requires otherwise:
(1) 'Appropriate bargaining unit' means the unit designated by
the Employment Relations Board or voluntarily recognized by the
public { - employers - } { + employer + } to be appropriate
for collective bargaining. However, an appropriate bargaining
unit cannot include both academically licensed and unlicensed or
nonacademically licensed school employees. Academically licensed
units may include but are not limited to teachers, nurses,
counselors, therapists, psychologists, child development
specialists and similar positions. This limitation shall not
apply to any bargaining unit certified or recognized prior to
June 6, 1995, or to any school district with fewer than 50
employees.
(2) 'Board' means the Employment Relations Board.
(3) 'Certification' means official recognition by the board
that a labor organization is the exclusive representative for all
of the employees in the appropriate bargaining unit.
(4) 'Collective bargaining' means the performance of the mutual
obligation of a public employer and the representative of its
employees to meet at reasonable times and confer in good faith
with respect to employment relations for the purpose of
negotiations concerning mandatory subjects of bargaining { - as
defined in this section - } , to meet and confer in good faith in
accordance with law with respect to any dispute concerning the
interpretation or application of a collective bargaining
agreement, and to execute written contracts incorporating
agreements that have been reached on behalf of the public
employer and the employees in the bargaining unit covered by such
negotiations. The obligation to meet and negotiate does not
compel either party to agree to a proposal or require the making
of a concession. Nothing in this subsection shall be construed to
prohibit a public employer and a certified or recognized
representative of its employees from discussing or executing
written agreements regarding matters other than mandatory
subjects of bargaining that are not prohibited by law, so long as
there is mutual agreement of the parties to discuss these
matters, which are permissive subjects of bargaining.
(5) 'Compulsory arbitration' means the procedure whereby
parties involved in a labor dispute are required by law to submit
their differences to a third party for a final and binding
decision.
(6) 'Confidential employee' means one who assists and acts in a
confidential capacity to a person who formulates, determines and
effectuates management policies in the area of collective
bargaining.
(7)(a) 'Employment relations' includes, but is not limited to,
matters concerning direct or indirect monetary benefits, hours,
vacations, sick leave, grievance procedures and other conditions
of employment.
(b) 'Employment relations' does not include subjects determined
to be permissive, nonmandatory subjects of bargaining by the
Employment Relations Board prior to June 6, 1995.
(c) After June 6, 1995, 'employment relations' shall not
include subjects which the Employment Relations Board determines
to have a greater impact on management's prerogative than on
employee wages, hours, or other terms and conditions of
employment.
(d) 'Employment relations' shall not include subjects that have
an insubstantial or de minimis effect on public employee wages,
hours, and other terms and conditions of employment.
(e) For school district bargaining, 'employment relations '
shall expressly exclude class size, the school or educational
calendar, standards of performance or criteria for evaluation of
teachers, the school curriculum, reasonable dress, grooming and
at-work personal conduct requirements respecting smoking, gum
chewing and similar matters of personal conduct, the standards
and procedures for student discipline, the time between student
classes, the selection, agendas and decisions of 21st Century
Schools Councils established under ORS 329.704, and any other
subject proposed that is permissive under paragraphs (b), (c) and
(d) of this subsection.
(f) For all other employee bargaining except school districts,
'employment relations' expressly excludes staffing levels and
safety issues (except those staffing levels and safety issues
which have a direct and substantial effect on the on-the-job
safety of public employees), scheduling of services provided to
the public, determination of the minimum qualifications necessary
for any position, criteria for evaluation or performance
appraisal, assignment of duties, workload when the effect on
duties is insubstantial, reasonable dress, grooming, and at-work
personal conduct requirements respecting smoking, gum chewing,
and similar matters of personal conduct at work, and any other
subject proposed that is permissive under paragraphs (b), (c) and
(d) of this subsection.
(8) 'Exclusive representative' means the labor organization
that, as a result of certification by the board or recognition by
the employer, has the right to be the collective bargaining agent
of all employees in an appropriate bargaining unit.
(9) 'Fact-finding' means identification of the major issues in
a particular labor dispute by one or more impartial individuals
who review the positions of the parties, resolve factual
differences and make recommendations for settlement of the
dispute.
(10) 'Fair-share agreement' means an agreement between the
public employer and the recognized or certified bargaining
representative of public employees whereby employees who are not
members of the employee organization are required to make an
in-lieu-of-dues payment to an employee organization except as
provided in ORS 243.666. Upon the filing with the board of a
petition by 30 percent or more of the employees in an appropriate
bargaining unit covered by such union security agreement
declaring they desire that such agreement be rescinded, the board
shall take a secret ballot of the employees in such unit and
certify the results thereof to the recognized or certified
bargaining representative and to the public employer. Unless a
majority of the votes cast in an election favor such union
security agreement, the board shall certify deauthorization
thereof. A petition for deauthorization of a union security
agreement must be filed not more than 90 calendar days after the
collective bargaining agreement is executed. Only one such
election shall be conducted in any appropriate bargaining unit
during the term of a collective bargaining agreement between a
public employer and the recognized or certified bargaining
representative.
(11) 'Final offer' means the proposed contract language and
cost summary submitted to the mediator within seven days of the
declaration of impasse.
(12) 'Labor dispute' means any controversy concerning
employment relations or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of employment
relations, regardless of whether the disputants stand in the
proximate relation of employer and employee.
(13) 'Labor organization' means any organization that has as
one of its purposes representing employees in their employment
relations with public employers.
(14) 'Last best offer package' means the offer exchanged by
parties not less than 14 days prior to the date scheduled for an
interest arbitration hearing.
(15) 'Legislative body' means the Legislative Assembly, the
city council, the county commission and any other board or
commission empowered to levy taxes.
(16) 'Managerial employee' means an employee of the State of
Oregon who possesses authority to formulate and carry out
management decisions or who represents management's interest by
taking or effectively recommending discretionary actions that
control or implement employer policy, and who has discretion in
the performance of these management responsibilities beyond the
routine discharge of duties. A 'managerial employee' need not act
in a supervisory capacity in relation to other employees.
Notwithstanding this subsection, 'managerial employee' shall not
be construed to include faculty members at a community college,
college or university.
(17) 'Mediation' means assistance by an impartial third party
in reconciling a labor dispute between the public employer and
the exclusive representative regarding employment relations.
(18) 'Payment-in-lieu-of-dues' means an assessment to defray
the cost for services by the exclusive representative in
negotiations and contract administration of all persons in an
appropriate bargaining unit who are not members of the
organization serving as exclusive representative of the
employees. The payment shall be equivalent to regular union dues
and assessments, if any, or shall be an amount agreed upon by the
public employer and the exclusive representative of the
employees.
(19) 'Public employee' means an employee of a public employer
but does not include elected officials, persons appointed to
serve on boards or commissions, incarcerated persons working
under section 41, Article I of the Oregon Constitution, or
persons who are confidential employees, supervisory employees or
managerial employees.
(20) 'Public employer' means the State of Oregon, and the
following political subdivisions: Cities, counties, community
colleges, school districts, special districts, mass transit
districts, metropolitan service districts, public service
corporations or municipal corporations and public and
quasi-public corporations.
(21) 'Public employer representative' includes any individual
or individuals specifically designated by the public employer to
act in its interests in all matters dealing with employee
representation, collective bargaining and related issues.
(22) 'Strike' means a public employee's refusal in concerted
action with others to report for duty, or his or her willful
absence from his or her position, or his or her stoppage of work,
or his or her absence in whole or in part from the full, faithful
or proper performance of his or her duties of employment, for the
purpose of inducing, influencing or coercing a change in the
conditions, compensation, rights, privileges or obligations of
public employment; however, nothing shall limit or impair the
right of any public employee to lawfully express or communicate a
complaint or opinion on any matter related to the conditions of
employment.
(23) 'Supervisory employee' means any individual having
authority in the interest of the employer to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward or
discipline other employees, or responsibly to direct them, or to
adjust their grievances, or effectively to recommend such action,
if in connection therewith, the exercise of such authority is not
of a merely routine or clerical nature but requires the use of
independent judgment. Failure to assert supervisory status in any
Employment Relations Board proceeding or in negotiations for any
collective bargaining agreement shall not thereafter prevent
assertion of supervisory status in any subsequent board
proceeding or contract negotiation. Notwithstanding the
provisions of this subsection, no nurse, charge nurse or similar
nursing position shall be deemed to be supervisory unless such
position has traditionally been classified as supervisory.
(24) 'Unfair labor practice' means the commission of an act
designated an unfair labor practice in ORS 243.672.
(25) 'Voluntary arbitration' means the procedure whereby
parties involved in a labor dispute mutually agree to submit
their differences to a third party for a final and binding
decision.
{ + NOTE: + } Corrects word choice in (1); deletes obsolete
provision in (4).
SECTION 76. ORS 243.746 is amended to read:
243.746. (1) In carrying out the arbitration procedures
authorized in ORS 243.712 { - (2)(d) - } { + (2)(e) + },
243.726 (3)(c) and 243.742, the public employer and the exclusive
representative may select their own arbitrator.
(2) Where the parties have not selected their own arbitrator
within five days after notification by the Employment Relations
Board that arbitration is to be initiated, the board shall submit
to the parties a list of seven qualified, disinterested, unbiased
persons. A list of Oregon interest arbitrations and fact-findings
for which each person has issued an award shall be included. Each
party shall alternately strike three names from the list. The
order of striking shall be determined by lot. The remaining
individual shall be designated the 'arbitrator':
(a) When the parties have not designated the arbitrator and
notified the board of their choice within five days after receipt
of the list, the board shall appoint the arbitrator from the
list. However, if one of the parties strikes the names as
prescribed in this subsection and the other party fails to do so,
the board shall appoint the arbitrator only from the names
remaining on the list.
(b) The concerns regarding the bias and qualifications of the
person designated by lot or by appointment may be challenged by a
petition filed directly with the board. A hearing shall be held
by the board within 10 days of filing of the petition and the
board shall issue a final and binding decision regarding the
person's neutrality within 10 days of the hearing.
(3) The arbitrator shall establish dates and places of
hearings. Upon the request of either party or the arbitrator, the
board shall issue subpoenas. Not less than 14 calendar days prior
to the date of the hearing, each party shall submit to the other
party a written last best offer package on all unresolved
mandatory subjects, and neither party may change the last best
offer package unless pursuant to stipulation of the parties or as
otherwise provided in this subsection. The date set for the
hearing may thereafter be changed only for compelling reasons or
by mutual consent of the parties. If either party provides notice
of a change in its position within 24 hours of the 14-day
deadline, the other party will be allowed an additional 24 hours
to modify its position. The arbitrator may administer oaths and
shall afford all parties full opportunity to examine and
cross-examine all witnesses and to present any evidence pertinent
to the dispute.
(4) Where there is no agreement between the parties, or where
there is an agreement but the parties have begun negotiations or
discussions looking to a new agreement or amendment of the
existing agreement, unresolved mandatory subjects submitted to
the arbitrator in the parties' last best offer packages shall be
decided by the arbitrator. Arbitrators shall base their findings
and opinions on these criteria giving first priority to paragraph
(a) of this subsection and secondary priority to paragraphs (b)
to (h) of this subsection as follows:
(a) The interest and welfare of the public.
(b) The reasonable financial ability of the unit of government
to meet the costs of the proposed contract giving due
consideration and weight to the other services, provided by, and
other priorities of, the unit of government as determined by the
governing body. A reasonable operating reserve against future
contingencies, which does not include funds in contemplation of
settlement of the labor dispute, shall not be considered as
available toward a settlement.
(c) The ability of the unit of government to attract and retain
qualified personnel at the wage and benefit levels provided.
(d) The overall compensation presently received by the
employees, including direct wage compensation, vacations,
holidays and other paid excused time, pensions, insurance,
benefits, and all other direct or indirect monetary benefits
received.
(e) Comparison of the overall compensation of other employees
performing similar services with the same or other employees in
comparable communities. As used in this paragraph, 'comparable '
is limited to communities of the same or nearest population range
within Oregon. Notwithstanding the provisions of this paragraph,
the following additional definitions of 'comparable' apply in the
situations described as follows:
(A) For any city with a population of more than 325,000, '
comparable' includes comparison to out-of-state cities of the
same or similar size;
(B) For counties with a population of more than 400,000, '
comparable' includes comparison to out-of-state counties of the
same or similar size; and
(C) For the State of Oregon, 'comparable' includes comparison
to other states.
(f) The CPI-All Cities Index, commonly known as the cost of
living.
(g) The stipulations of the parties.
(h) Such other factors, consistent with paragraphs (a) to (g)
of this subsection as are traditionally taken into consideration
in the determination of wages, hours, and other terms and
conditions of employment. However, the arbitrator shall not use
such other factors, if in the judgment of the arbitrator, the
factors in paragraphs (a) to (g) of this subsection provide
sufficient evidence for an award.
(5) Not more than 30 days after the conclusion of the hearings
or such further additional periods to which the parties may
agree, the arbitrator shall select only one of the last best
offer packages submitted by the parties and shall promulgate
written findings along with an opinion and order. The opinion and
order shall be served on the parties and the board. Service may
be personal or by registered or certified mail. The findings,
opinions and order shall be based on the criteria prescribed in
subsection (4) of this section.
(6) The cost of arbitration shall be borne equally by the
parties involved in the dispute.
{ + NOTE: + } Corrects ORS reference in (1).
SECTION 77. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the State System of
Higher Education and the President and Vice Presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist.
(K) Director of Department of Human Services.
(L) Director of the Department of Consumer and Business
Services.
(M) Director of Division of State Lands.
(N) State Librarian.
(O) Administrator of Oregon Liquor Control Commission.
(P) Superintendent of State Police.
(Q) Director of the Public Employees Retirement System.
(R) Director of Department of Revenue.
(S) Director of Transportation.
(T) Public Utility Commissioner.
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
(W) Administrator of the Office of Energy.
(X) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) Oregon Economic and Community Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health Council.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employees Retirement Board.
(U) Oregon Racing Commission.
(V) Oregon Transportation Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) { + Health, + } Housing, Educational and Cultural
Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(DD) Oregon Health Sciences University Board of Directors.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By April 15 next after the filing date for the biennial
primary election, each candidate for elective public office
described in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(4) Within 30 days after the filing date for the general
election, each candidate for elective public office described in
subsection (1) of this section who was not a candidate in the
preceding biennial primary election shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing date for the statewide
general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
{ + NOTE: + } Corrects official title in (1)(p)(Z).
SECTION 78. ORS 250.035 is amended to read:
250.035. (1) The ballot title of any measure, other than a
state measure, to be initiated or referred shall consist of:
(a) A caption of not more than 10 words which reasonably
identifies the subject of the measure;
(b) A question of not more than 20 words which plainly phrases
the chief purpose of the measure so that an affirmative response
to the question corresponds to an affirmative vote on the
measure; and
(c) A concise and impartial statement of not more than 175
words summarizing the measure and its major effect.
(2) The ballot title of any state measure to be initiated or
referred shall consist of:
(a) A caption of not more than 15 words that reasonably
identifies the subject matter of the state measure. The caption
of an initiative or referendum amendment to the constitution
shall begin with the phrase, 'Amends Constitution,' which shall
not be counted for purposes of the 15-word caption limit;
(b) A simple and understandable statement of not more than 25
words that describes the result if the state measure is approved.
The statement required by this paragraph shall include either the
phrase, 'I vote' or 'vote yes,' or a substantially similar
phrase, which may be placed at any point within the statement;
(c) A simple and understandable statement of not more than 25
words that describes the result if the state measure is rejected.
The statement required by this paragraph shall not describe
existing statutory or constitutional provisions in a way that
would lead an average elector to believe incorrectly that one of
those provisions would be repealed by approval of the state
measure, if approval would not have that result. Any thing or
action described both in the statement required by paragraph (b)
of this subsection and in the statement required by this
paragraph shall be described using the same terms in both
statements, to the extent practical. Any different terms must be
terms that an average elector would understand to refer to the
same thing or action. The statement shall include either the
phrase, 'I vote ' or 'vote no,' or a substantially similar
phrase, which may be placed at any point within the statement;
and
(d) A concise and impartial statement of not more than 125
words summarizing the state measure and its major effect.
(3) The statements required by subsection (2)(b) and (c) of
this section shall be written so that, to the extent
{ - practical - } { + practicable + }, the language of the two
statements is parallel.
(4) The statement required by subsection (2)(b) of this section
shall be written so that an affirmative response to the statement
corresponds to an affirmative vote on the state measure.
(5) The statement required by subsection (2)(c) of this section
shall be written so that an affirmative response to the statement
corresponds to a negative vote on the state measure.
(6) To avoid confusion, a ballot title shall not resemble any
title previously filed for a measure to be submitted at that
election.
(7) In the statements required by subsection (2)(b), (c) and
(d) of this section, reasonable discretion shall be allowed in
the use of articles and conjunctions, but the statements shall
not omit articles and conjunctions that are necessary to avoid
confusion to or misunderstanding by an average elector.
{ + NOTE: + } Corrects word choice in (3).
SECTION 79. ORS 254.470 is amended to read:
254.470. (1) An election by mail shall be conducted as provided
in this section. The Secretary of State may adopt rules governing
the procedures for conducting an election by mail.
(2) When conducting an election by mail, the county clerk may
designate the county clerk's office or one central location in
the electoral district in which the election is conducted as the
single place to obtain a replacement ballot under subsection (9)
of this section. The Secretary of State by rule shall establish
requirements and criteria for the designation of places of
deposit for the ballots cast in the election. The places
designated under this section shall be open on the date of the
election for a period, determined by the county clerk, of eight
or more hours, but must be open until at least 8 p.m.
(3)(a) Except as provided in paragraphs (b), (c) and (d) of
this subsection, the county clerk shall mail by nonforwardable
mail an official ballot with a return identification envelope and
a secrecy envelope not sooner than the 18th day before the date
of an election conducted by mail and not later than the 14th day
before the date of the election, to each active elector of the
electoral district as of the 21st day before the date of the
election.
(b) Notwithstanding paragraph (a) of this subsection, if the
county clerk determines that an active elector of the electoral
district as of the 21st day before the date of the election does
not receive daily mail service from the United States Postal
Service, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a
secrecy envelope to the elector not sooner than the 20th day
before the date of an election conducted by mail and not later
than the 18th day before the date of the election.
(c) Notwithstanding paragraph (a) of this subsection, the
Secretary of State by rule shall specify the date on which all
ballots shall be mailed for any state election conducted by mail
under ORS 254.465 (2).
(d) Notwithstanding paragraph (a) of this subsection, in the
case of ballots to be mailed to addresses outside this state to
electors who are not long-term absent electors, the county clerk
may mail the ballots not sooner than the 29th day before the date
of the election.
(4) For an election held on the date of a biennial primary
election:
(a) The county clerk shall mail the official ballot of a major
political party to each elector who is registered as being
affiliated with the major political party as of the 21st day
before the date of the election.
(b) An elector not affiliated with any political party shall be
mailed the ballot of a major political party in whose biennial
primary election the elector wishes to vote if the elector has
applied for the ballot as provided in this subsection and that
party has provided under ORS 254.365 for a biennial primary
election that admits electors not affiliated with any political
party.
(c) An elector not affiliated with any political party who
wishes to vote in the biennial primary election of a major
political party shall apply to the county clerk in writing.
Except for electors described in subsection (5) of this section,
and subject to ORS 247.203, the application must be received by
the clerk not later than 5 p.m. of the 21st day before the date
of the election.
(d) If the biennial primary election ballot includes city,
county or nonpartisan offices or measures, an elector not
eligible to vote for party candidates shall be mailed a ballot
limited to those offices and measures for which the elector is
eligible to vote.
(5) For each elector who updates a voter registration after the
deadline in ORS 247.025, the county clerk shall make the official
ballot, the return identification envelope and the secrecy
envelope available by mail { + , + } at the county clerk's office
or at another place designated by the county clerk. An elector to
whom this subsection applies must request a ballot from the
county clerk. The elector shall mark the ballot, sign the return
identification envelope, comply with the instructions provided
with the ballot and return the ballot in the return
identification envelope to the county clerk.
(6) Notwithstanding subsection (3) or (4) of this section,
replacement ballots need not be mailed after the fifth day before
the date of the election. A replacement ballot may be mailed or
shall be made available in the office of the county clerk.
(7) The ballot or ballot label shall contain the following
warning:
_________________________________________________________________
Any person who, by use of force or other means, unduly
influences an elector to vote in any particular manner or to
refrain from voting, is subject, upon conviction, to imprisonment
or to a fine, or both.
_________________________________________________________________
(8) This subsection applies to an elector to whom subsection
(3) or (4) of this section applies. Upon receipt of the ballot
the elector shall mark it, sign the return identification
envelope supplied with the ballot and comply with the
instructions provided with the ballot. The elector may return the
marked ballot to the county clerk by United States mail or by
depositing the ballot at the office of the county clerk or any
place of deposit designated by the county clerk. The ballot must
be returned in the return identification envelope. If the elector
returns the ballot by mail, the elector must provide the postage.
A ballot must be received at the office of the county clerk or
the designated place of deposit not later than the end of the
period determined under subsection (2) of this section on the
date of the election.
(9) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector. The
county clerk shall keep a record of each replacement ballot
provided under this subsection.
(10) A ballot shall be counted only if:
(a) It is returned in the return identification envelope;
(b) The envelope is signed by the elector to whom the ballot is
issued; and
(c) The signature is verified as provided in subsection (11) of
this section.
(11) The county clerk shall verify the signature of each
elector on the return identification envelope with the signature
on the elector's registration card, according to the procedure
provided by rules adopted by the Secretary of State. If the
county clerk determines that an elector to whom a replacement
ballot has been issued has voted more than once, the county clerk
shall not count any ballot cast by that elector.
(12) At 8 p.m. on election day, electors who are at the clerk's
office or a site designated under subsection (2) of this section
and who are in line waiting to vote or deposit a voted ballot
shall be considered to have begun the act of voting.
{ + NOTE: + } Corrects punctuation in (5).
SECTION 80. ORS 262.065 is amended to read:
262.065. (1) Except as permitted in ORS 262.085, the treasurer
shall be custodian of all funds of the joint operating agency and
shall pay them out only by order of the board, except as provided
in subsection (2) of this section.
(2) The board may delegate to the treasurer standing authority
to make payments of routine expenses as defined by the board.
(3) Before the treasurer enters upon the treasurer's duties,
the treasurer shall give bond or an irrevocable letter of credit
to the joint operating agency in an amount which the board finds
by resolution will protect the agency against loss, conditioned
for the faithful discharge of duties and further conditioned that
all funds which the treasurer receives as treasurer will be
faithfully kept and accounted for. Any letter of credit shall be
issued by an insured institution, as defined in ORS 706.008. The
amount of the treasurer's bond may be increased or decreased from
time to time as the board may by resolution direct. The surety on
any such bond shall be a corporate surety authorized to do
business in this state. The premiums on the bond or the fee for
issuing the letter of credit of the treasurer shall be paid by
the joint operating agency.
(4) All moneys of the joint operating agency shall be deposited
by the treasurer in depositories designated by the board of
directors, with such security as may be prescribed by the board.
The treasurer shall establish a general fund and such special
funds as may be created by the board, to which the treasurer
shall credit all funds of the joint operating agency as the board
by motion or resolution may direct.
(5)(a) The board shall adopt the uniform system of accounts
prescribed from time to time by the Federal { - Power - }
{ + Energy Regulatory + } Commission and require that accounting
for receipts and disbursements for the joint operating agency be
accomplished in accordance with the uniform system of accounts.
(b) The board shall file with the administrator of the Office
of Energy an annual report in the form required by the Federal
{ - Power - } { + Energy Regulatory + } Commission.
(c) An annual audit shall be made in the manner provided in ORS
297.405 to 297.555. A copy of such audit shall be filed in the
office of the Secretary of State and in the office of the
administrator of the Office of Energy.
(6)(a) The board of each joint operating agency may appoint a
manager. The manager shall be appointed for such term and receive
such salary as the board shall fix by resolution. Appointments
and removals of the manager shall be by resolutions adopted by a
majority vote.
(b) In case of absence or temporary disability of the manager,
the board shall designate an acting manager.
(c) The manager shall be chief administrative officer of the
joint operating agency, shall have control of the administrative
functions of the joint operating agency and shall be responsible
to the board for efficient administration of all affairs of the
joint operating agency placed in the manager's charge. The
manager may attend meetings of the board and its committees and
take part in discussion of any matters pertaining to the
manager's duties, but shall have no vote. The manager shall:
(A) Carry out orders of the board and see that all laws of this
state pertaining to matters within the functions of the joint
operating agency are duly enforced;
(B) Keep the board advised as to the financial condition and
needs of the joint operating agency;
(C) Prepare an annual estimate for the ensuing fiscal year of
the probable expenses of the joint operating agency, and
recommend to the board what development work should be
undertaken, and any extensions and additions which should be made
during the ensuing fiscal year, with an estimate of the costs of
such development work, extensions and additions;
(D) Certify to the board all bills, allowances and payrolls,
including claims due contractors of public works;
(E) Recommend to the board appropriate salaries of the
employees of the office, and scale of salaries or wages to be
paid for different classes of service required by the joint
operating agency;
(F) Hire and discharge clerks, laborers and other employees
under the manager's direction; and
(G) Perform such other duties as may be imposed by the board.
{ + NOTE: + } Corrects official title in (5)(a) and (b).
SECTION 81. ORS 266.410 is amended to read:
266.410. Every district shall have power:
(1) To have and use a common seal.
(2) To sue and be sued { - by - } { + in + } its name.
(3) To construct, reconstruct, alter, enlarge, operate and
maintain such lakes, parks, recreation grounds and buildings as,
in the judgment of the district board, are necessary or proper,
and for this purpose to acquire by lease, purchase, gift, devise,
condemnation proceedings or otherwise such real and personal
property and rights of way, either within or without the limits
of the district as, in the judgment of the board, are necessary
or proper, and to pay for and hold the same.
(4) To make and accept any and all contracts, deeds, leases,
releases and documents of any kind which, in the judgment of the
board, are necessary or proper to the exercise of any power of
the district, and to direct the payment of all lawful claims or
demands.
(5) To assess, levy and collect taxes to pay the cost of
acquiring sites for and constructing, reconstructing, altering,
operating and maintaining any lakes, parks, recreation grounds
and buildings that may be acquired, or any lawful claims against
the district, and the running expenses of the district.
(6) To employ all necessary agents and assistants, and to pay
the same.
(7) To make and enforce regulations:
(a) For the removal of garbage and other deleterious
substances, and all other sanitary regulations not in conflict
with the Constitution, the laws of Oregon or the regulations of
the Environmental Quality Commission.
(b) Governing the conduct of the users of the facilities of
lakes, parks, recreational grounds and buildings within the
district.
(8) To prohibit any person violating any rule or regulation
from thereafter using the facilities of the district for such
period as the board may determine.
(9) To call necessary or proper elections after the formation
of the district.
(10) To enlarge the boundaries of the district as provided by
ORS 198.705 to 198.955.
(11) To compel all residents and owners within the district to
connect their houses and habitations with the street sewers,
drains or other sewage disposal system.
(12) To establish and collect reasonable charges for the use of
the facilities of the district and issue appropriate evidence of
the payment of such charges.
(13) Generally to do and perform any and all acts necessary and
proper to the complete exercise and effect of any of its powers
or the purposes for which it was formed.
{ + NOTE: + } Corrects word choice in (2).
SECTION 82. ORS 274.210 is amended to read:
274.210. The Division of State Lands { - in - } { + on + }
behalf of the State of Oregon may enter into contracts for:
(1) The drainage of submersible and submerged lands adjoining
or underlying any lakes, marshes or swamps in this state, or for
the drainage of that part which is in this state of submersible
and submerged lands adjoining or underlying any lake, marsh or
swamp lying partly in this state and partly in another state, and
for the reclamation of any such lands; and
(2) The sale or disposal of such drained and reclaimed lands as
provided for in ORS 274.210 to 274.260.
{ + NOTE: + } Corrects word choice in lead-in.
SECTION 83. ORS 274.755 is amended to read:
274.755. (1) Before granting any easement under ORS 274.705 to
274.860, and before offering lands for leasing under ORS 274.705
to 274.860, or whenever any person files a written application
with the Division of State Lands requesting that an easement be
granted for such lands or that such lands be offered for leasing
under ORS 274.705 to 274.860, accompanying the same with the
required fee, the division shall hold a public hearing as
provided in this section.
(2) Before granting an easement or inviting bids on any lands
subject to ORS 274.705 to 274.860, the division shall cause
written notice describing the area under consideration and other
pertinent information to be transmitted to:
(a) State Geologist;
(b) Director of Transportation;
(c) Director { - , - } { + of the + } Department of
Environmental Quality;
(d) { - Director, - } State Fish and Wildlife
{ - Commission - } { + Director + };
(e) The applicant, if any, requesting the lease;
(f) Prospective applicants or bidders, by publication thereof
in two or more publications of general circulation in the oil and
gas industry; and
(g) The public, by publication thereof once each week for not
less than four weeks in a newspaper of general circulation
throughout the State of Oregon, and in addition in a newspaper of
general circulation in the county in which the lands lie or the
county or counties contiguous to the area under consideration for
bidding.
(3) The notice shall set forth the place of hearing and shall
set its time at not earlier than the 20th day after date of the
last newspaper publication.
(4) Notwithstanding section 9, chapter 849, Oregon Laws 1999,
hearings under this section may be conducted by a hearing officer
assigned from the Hearing Officer Panel established under section
3, chapter 849, Oregon Laws 1999, or may be conducted by a
hearing officer designated by the State Land Board. An officer or
employee of each interested state agency, board or commission
named in subsection (2) of this section may question any
witnesses appearing in the hearing, and any interested person may
offer evidence and otherwise be heard.
{ + NOTE: + } Corrects official titles in (2)(c) and (d).
SECTION 84. ORS 274.755, as amended by section 58, chapter 849,
Oregon Laws 1999, is amended to read:
274.755. (1) Before granting any easement under ORS 274.705 to
274.860, and before offering lands for leasing under ORS 274.705
to 274.860, or whenever any person files a written application
with the Division of State Lands requesting that an easement be
granted for such lands or that such lands be offered for leasing
under ORS 274.705 to 274.860, accompanying the same with the
required fee, the division shall hold a public hearing as
provided in this section.
(2) Before granting an easement or inviting bids on any lands
subject to ORS 274.705 to 274.860, the division shall cause
written notice describing the area under consideration and other
pertinent information to be transmitted to:
(a) State Geologist;
(b) Director of Transportation;
(c) Director { - , - } { + of the + } Department of
Environmental Quality;
(d) { - Director, - } State Fish and Wildlife
{ - Commission - } { + Director + };
(e) The applicant, if any, requesting the lease;
(f) Prospective applicants or bidders, by publication thereof
in two or more publications of general circulation in the oil and
gas industry; and
(g) The public, by publication thereof once each week for not
less than four weeks in a newspaper of general circulation
throughout the State of Oregon, and in addition in a newspaper of
general circulation in the county in which the lands lie or the
county or counties contiguous to the area under consideration for
bidding.
(3) The notice shall set forth the place of hearing and shall
set its time at not earlier than the 20th day after date of the
last newspaper publication.
(4) The division may appoint one of its officers or employees
or, by mutual agreement with another state agency, board or
commission, one of the agency, board or commission employees to
conduct hearings authorized under this section. An officer or
employee of each interested state agency, board or commission
named in subsection (2) of this section may question any
witnesses appearing in the hearing, and any interested person may
offer evidence and otherwise be heard.
{ + NOTE: + } Corrects official titles in (2)(c) and (d).
SECTION 85. ORS 276.096 is amended to read:
276.096. (1) In carrying out the duties of the Director of the
Oregon Department of Administrative Services under ORS 276.095,
the director shall consult with the Capitol Planning Commission,
the designated State Historic Preservation Officer, the Oregon
Historical Society, the Arts Program of the Economic { + and
Community + } Development Department, local landmark commissions
and historic societies and the chief executive officers of those
units of local government in each area served by existing or
proposed state offices and shall solicit the comments of such
other community leaders and members of the general public as the
director deems appropriate.
(2) Whenever the director undertakes a review of state building
needs within a geographical area, the director shall request the
cooperation of the state historic preservation officer to
identify any existing buildings within such geographical areas
which are of historical, architectural or cultural significance
and which would be suitable, whether or not in need of repair,
alteration or addition, for acquisition or purchase to meet the
building needs of state government.
{ + NOTE: + } Corrects official title in (1).
SECTION 86. ORS 279.027 is amended to read:
279.027. (1) A public contracting agency preparing bid
documents for a public contract shall, at a minimum, include:
(a) A statement that, if the contract is for a public work
subject to ORS 279.348 to 279.380 or the Davis-Bacon Act (40
U.S.C. 276a), no bid will be received or considered by the public
contracting agency unless the bid contains a statement by the
bidder as a part of its bid that the provisions of ORS 279.350 or
40 U.S.C. 276a are to be complied with;
(b) The date and time after which bids will not be received,
which shall be not less than five days after the date of the last
publication of the advertisement;
(c) The date that prequalification applications must be filed
under ORS 279.039 (1) and the class or classes of work for which
bidders must be prequalified if prequalification is a
requirement;
(d) The character of the work to be done or the material or
things to be purchased;
(e) The office where the specifications for the work, material
or things may be reviewed;
(f) The name and title of the person designated for receipt of
bids;
(g) The date, time and place that the public contracting agency
will publicly open the bids;
(h) A statement that each bid must identify whether the bidder
is a resident bidder, as defined in ORS 279.029;
(i) A statement that the public contracting agency may reject
any bid not in compliance with all prescribed public bidding
procedures and requirements, and may reject for good cause any or
all bids upon a finding of the agency that it is in the public
interest to do so;
(j) Information addressing whether a contractor or
subcontractor must be licensed under ORS 468A.720; and
(k) A statement that no bid for a construction contract shall
be received or considered by the public contracting agency unless
the bidder is { - registered with - } { + licensed by + } the
Construction Contractors Board or licensed by the State Landscape
Contractors Board as required by ORS 671.530.
(2) All bids made to the public contracting agency pursuant to
ORS 279.015 and 279.025 shall be:
(a) In writing.
(b) Filed with the person designated for receipt of bids by the
public contracting agency.
(c) Opened publicly by the public contracting agency at the
time designated in the advertisement.
(3)(a) Within four working hours of the date and time of the
deadline when the bids were due to the public contracting agency
for a public improvement, a bidder shall submit to the public
contracting agency a disclosure of any first-tier subcontractor
that will be furnishing labor or materials in connection with the
public improvement and whose contract value is equal to or
greater than:
(A) Five percent of the total project bid or $15,000, whichever
is larger; or
(B) $500,000, regardless of the percentage of the total project
bid.
(b) The disclosure of first-tier subcontractors shall include:
(A) The name and address of each subcontractor;
(B) The { - registration - } { + license + } number
assigned to the subcontractor by the Construction Contractors
Board if the subcontractor is required to have a
{ - certificate of registration - } { + license + } issued by
the board; and
(C) The amount of the contract of the subcontractor.
(c) For each contract to which this subsection applies, the
public contracting agency shall designate a deadline for
submission of bids that has a date and time that is on Monday
through Thursday or that is on Friday prior to 12 noon.
(d) This subsection shall apply only to public improvements
with a contract value of more than $75,000.
(4) After having been opened the bids shall be filed for public
inspection.
(5) A surety bond, irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008, cashier's check or
certified check of the bidder shall be attached to all bids as
bid security unless the contract for which the bid is submitted
has been exempted from this requirement pursuant to ORS 279.033.
Such security shall not exceed 10 percent of the amount bid for
the contract.
{ + NOTE: + } Corrects word choice in (1)(k) and (3)(b)(B).
SECTION 87. ORS 279.045 is amended to read:
279.045. (1) The procedure for appeal from a disqualification
or denial, revocation or revision of a prequalification by a
public contracting agency shall be in accordance with this
section and is not subject to ORS 183.310 to 183.550 except where
specifically provided by this section.
(2) Promptly upon receipt of notice of appeal from a public
contracting agency as provided for by ORS 279.043, the Director
of the Oregon Department of Administrative Services or the local
contract review board shall notify the person appealing and the
public contracting agency of the time and place of the hearing.
The director or board shall conduct the hearing and decide the
appeal within 30 days after receiving the notification from the
public contracting agency. The director or board shall set forth
in writing the reasons for the decision.
(3) In the hearing the director or board shall consider de novo
the notice of disqualification or denial, revocation or revision
of a prequalification, the reasons listed in ORS 279.037 (2) on
which the public contracting agency based the disqualification or
the standards of responsibility listed in ORS 279.029 (6)(a)(B)
on which the public contracting agency based the denial,
revocation or revision of the prequalification and any evidence
provided by the parties. In all other respects, hearings before
the director shall be conducted in the same manner as a contested
case under ORS 183.415 (3) to (6) and (9), 183.425, 183.440,
183.450 and 183.452.
(4) The director may allocate the director's cost for the
hearing between the person appealing and the public contracting
agency whose disqualification or prequalification decision is
being appealed. The allocation shall be based upon facts found by
the director and stated in the final order which, in the
director's opinion, warrant such allocation of the costs. If the
final order does not allocate the director's costs for the
hearing, such costs shall be paid as follows:
(a) If the decision to disqualify or deny, revoke or revise a
prequalification of a person as a bidder is upheld, the
director's costs shall be paid by the person appealing the
disqualification or prequalification decision.
(b) If the decision to disqualify or deny, revoke or revise a
prequalification of a person as a bidder is reversed by the
director, the director's costs shall be paid by the public
contracting agency whose disqualification or prequalification
decision is the subject of the appeal.
(5) The decision of the director or board may be reviewed only
upon a petition { + , filed within 15 days after the date of the
decision, + } in the circuit court of the county in which the
director or board has its principal office { - filed within 15
days after the date of the decision - } . The circuit court shall
reverse or modify the decision only if it finds:
(a) The decision was procured by corruption, fraud or undue
means.
(b) There was evident partiality or corruption on the part of
the director or board or any of its members.
(c) There was an evident material miscalculation of figures or
an evident material mistake in the description of any person,
thing or property referred to in the decision.
(6) The procedure provided in this section is the exclusive
means of judicial review of the decision of the director or
board. The judicial review provisions of ORS 183.480 and writs
of review and mandamus as provided in ORS chapter 34, and other
legal, declaratory and injunctive remedies are not available.
(7) The circuit court may, in its discretion, stay the letting
of the contract which is the subject of the petition in the same
manner as a suit in equity. In the event the court determines
that there has been an improper disqualification or denial,
revocation or revision of a prequalification and the contract has
been let, the court may proceed to take evidence to determine the
damages, if any, suffered by the petitioner and award such
damages as the court may find as a judgment against the director
or board. The court may award costs and attorney fees to the
prevailing party.
{ + NOTE: + } Corrects syntax in (5).
SECTION 88. ORS 279.045, as amended by section 61, chapter 849,
Oregon Laws 1999, is amended to read:
279.045. (1) The procedure for appeal from a disqualification
or denial, revocation or revision of a prequalification by a
public contracting agency shall be in accordance with this
section and is not subject to ORS 183.310 to 183.550 except where
specifically provided by this section.
(2) Promptly upon receipt of notice of appeal from a public
contracting agency as provided for by ORS 279.043, the Director
of the Oregon Department of Administrative Services or the local
contract review board shall notify the person appealing and the
public contracting agency of the time and place of the hearing.
The director or board shall conduct the hearing and decide the
appeal within 30 days after receiving the notification from the
public contracting agency. The director or board shall set forth
in writing the reasons for the decision.
(3) In the hearing the director or board shall consider de novo
the notice of disqualification or denial, revocation or revision
of a prequalification, the reasons listed in ORS 279.037 (2) on
which the public contracting agency based the disqualification or
the standards of responsibility listed in ORS 279.029 (6)(a)(B)
on which the public contracting agency based the denial,
revocation or revision of the prequalification and any evidence
provided by the parties. In all other respects, hearings before
the director shall be conducted in the same manner as a contested
case under ORS 183.415 (3) to (6) and (9), 183.425, 183.440,
183.450 and 183.452. Hearings before a board shall be conducted
under rules of procedure adopted by the board.
(4) The director may allocate the director's cost for the
hearing between the person appealing and the public contracting
agency whose disqualification or prequalification decision is
being appealed. The allocation shall be based upon facts found by
the director and stated in the final order which, in the
director's opinion, warrant such allocation of the costs. If the
final order does not allocate the director's costs for the
hearing, such costs shall be paid as follows:
(a) If the decision to disqualify or deny, revoke or revise a
prequalification of a person as a bidder is upheld, the
director's costs shall be paid by the person appealing the
disqualification or prequalification decision.
(b) If the decision to disqualify or deny, revoke or revise a
prequalification of a person as a bidder is reversed by the
director, the director's costs shall be paid by the public
contracting agency whose disqualification or prequalification
decision is the subject of the appeal.
(5) The decision of the director or board may be reviewed only
upon a petition { + , filed within 15 days after the date of the
decision, + } in the circuit court of the county in which the
director or board has its principal office { - filed within 15
days after the date of the decision - } . The circuit court shall
reverse or modify the decision only if it finds:
(a) The decision was procured by corruption, fraud or undue
means.
(b) There was evident partiality or corruption on the part of
the director or board or any of its members.
(c) There was an evident material miscalculation of figures or
an evident material mistake in the description of any person,
thing or property referred to in the decision.
(6) The procedure provided in this section is the exclusive
means of judicial review of the decision of the director or
board. The judicial review provisions of ORS 183.480 and writs
of review and mandamus as provided in ORS chapter 34, and other
legal, declaratory and injunctive remedies are not available.
(7) The circuit court may, in its discretion, stay the letting
of the contract which is the subject of the petition in the same
manner as a suit in equity. In the event the court determines
that there has been an improper disqualification or denial,
revocation or revision of a prequalification and the contract has
been let, the court may proceed to take evidence to determine the
damages, if any, suffered by the petitioner and award such
damages as the court may find as a judgment against the director
or board. The court may award costs and attorney fees to the
prevailing party.
{ + NOTE: + } Corrects syntax in (5).
SECTION 89. ORS 279.067 is amended to read:
279.067. (1) Any bidder or proposer adversely affected or any
trade association of construction contractors acting on behalf of
a member of the association to protect interests common to
construction contractor members may commence a suit in the
circuit court for the county in which are located the principal
offices of the public contracting agency, for the purpose of
requiring compliance with, or prevention of violations of, ORS
279.011 to 279.063, or to determine the applicability of ORS
279.011 to 279.063 to matters or decisions of the agency.
(2) The court may order such equitable relief as it considers
appropriate in the circumstances. In addition to or in lieu of
any equitable relief, the court may award an aggrieved bidder or
proposer any damages suffered by the bidder or proposer as a
result of violations of ORS 279.011 to 279.063 for the reasonable
cost of preparing and submitting a bid or proposal. A decision of
the public contracting agency shall not be voided if other
equitable relief is available.
(3) If the public agency is successful in defending its actions
against claims of violation or potential violation of ORS 279.011
to 279.063, then the court may award to the aggrieved public
agency any damages suffered as a result of the suit.
(4) The court may order payment of reasonable attorney fees and
costs on trial and on appeal to a successful party in a suit
brought under this section.
{ + (5) This section does not apply to personal service
contracts under ORS 279.057. + }
{ - (5) - } { + (6) + } As used in this section:
(a) 'Bidder' means any person who submitted a bid to a public
agency.
(b) 'Proposer' means any person who submitted a proposal to a
public agency.
{ - (6) This section does not apply to personal service
contracts under ORS 279.057. - }
{ + NOTE: + } Conforms structure of section to legislative
form and style.
SECTION 90. ORS 279.310 is amended to read:
279.310. When used in ORS 279.310 to 279.322, unless the
context otherwise requires:
{ + (1) 'Person' includes the State Accident Insurance Fund
Corporation and the Department of Revenue. + }
{ - (1) - } { + (2) + } 'Public contract' means a contract
made with the state, county, school district, municipality,
municipal corporation or subdivision thereof.
{ - (2) 'Person' includes the State Accident Insurance Fund
Corporation and the Department of Revenue. - }
(3) 'Public improvement' has the meaning given that term by ORS
279.011.
{ + NOTE: + } Alphabetizes definitions.
SECTION 91. ORS 279.316 is amended to read:
279.316. (1)(a) Every public contract shall also contain a
condition that no person shall be employed for more than 10 hours
in any one day, or 40 hours in any one week, except in cases of
necessity, emergency, or where the public policy absolutely
requires it, and in such cases, except in cases of contracts for
personal services as { - defined - } { + described + } in ORS
279.051, the employee shall be paid at least time and a half pay:
(A) For all overtime in excess of eight hours a day or 40 hours
in any one week when the work week is five consecutive days,
Monday through Friday; or
(B) For all overtime in excess of 10 hours a day or 40 hours in
any one week when the work week is four consecutive days, Monday
through Friday; and
(C) For all work performed on Saturday and on any legal holiday
specified in ORS 279.334.
(b) An employer must give notice to employees who work on a
public contract in writing, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a
location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work.
(2) In the case of contracts for personal services as defined
in ORS 279.051, the contract shall contain a provision that the
employee shall be paid at least time and a half for all overtime
worked in excess of 40 hours in any one week, except for
individuals under these contracts who are excluded under ORS
653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from
receiving overtime.
(3) In the case of a contract for services at a county fair or
for other events authorized by a county fair board, the contract
shall contain a provision that the labor performed on the
contract shall be paid at least time and a half for work in
excess of 10 hours in any one day or 40 hours in any one week. An
employer must give notice to employees who work on such a
contract in writing, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a
location frequented by employees, of the number of hours per day
and days per week that employees may be required to work.
(4)(a) Except as provided in subsection (3) of this section,
contracts for services shall contain a provision that requires
that persons employed under such contracts shall receive at least
time and a half pay for work performed on the legal holidays
specified in a collective bargaining agreement or in ORS 279.334
(1)(a)(C)(ii) to (vii) and for all time worked in excess of 10
hours a day or in excess of 40 hours in a week, whichever is
greater.
(b) An employer must give notice to employees who work on a
contract for services in writing, either at the time of hire or
before commencement of work on the contract, or by posting a
notice in a location frequented by employees, of the number of
hours per day and days per week that the employees may be
required to work.
{ + NOTE: + } Corrects word choice in (1)(a).
SECTION 92. ORS 279.320 is amended to read:
279.320. (1) Every public contract shall { - also - }
contain a condition that the contractor shall promptly, as due,
make payment to any person, copartnership, association or
corporation, furnishing medical, surgical and hospital care or
other needed care and attention, incident to sickness or injury,
to the employees of such contractor, of all sums which the
contractor agrees to pay for such services and all moneys and
sums which the contractor collected or deducted from the wages of
employees pursuant to any law, contract or agreement for the
purpose of providing or paying for such service.
(2) Every public contract also shall contain a clause or
condition that all employers working under the contract are
subject employers that will comply with ORS 656.017.
{ + NOTE: + } Corrects syntax in (1).
SECTION 93. ORS 279.322 is amended to read:
279.322. A prime contractor whose bid is accepted may
substitute a first-tier subcontractor that was not disclosed
under ORS 279.027 (3)(a) in the following circumstances:
(1) When the subcontractor disclosed under ORS 279.027 (3)(a)
fails or refuses to execute a written contract after having had a
reasonable opportunity to do so after the written contract that
is based upon the general terms, conditions, plans and
specifications for the public improvement project or the terms of
that subcontractor's written bid is presented to the
subcontractor by the prime contractor.
(2) When the disclosed subcontractor becomes bankrupt or
insolvent.
(3) When the disclosed subcontractor fails or refuses to
perform the subcontract.
(4) When the disclosed subcontractor fails or refuses to meet
the bond requirements of the prime contractor that had been
identified prior to the bid submittal.
(5) When the prime contractor demonstrates to the public
contracting agency that the subcontractor was disclosed as the
result of an inadvertent clerical error.
(6) When the disclosed subcontractor does not hold a
{ - certificate of registration - } { + license + } from the
Construction Contractors Board and is required to be
{ - registered with - } { + licensed by + } the board.
(7) When the prime contractor determines that the work
performed by the disclosed subcontractor is substantially
unsatisfactory and not in substantial accordance with the plans
and specifications, or that the subcontractor is substantially
delaying or disrupting the progress of the work.
(8) When the disclosed subcontractor is ineligible to work on a
public improvement pursuant to the applicable statutory
provisions.
{ + NOTE: + } Corrects word choice in (6).
SECTION 94. ORS 279.542 is amended to read:
279.542. If the contract is one for which a bond, cashier's
check or certified check as provided for in ORS 279.029 is
required and the contractor fails to pay for labor or materials
or to pay claims due the State Industrial Accident Fund, the
{ - State - } Unemployment Compensation Trust Fund or the
Department of Revenue and the officers of the public body
{ - which - } { + that + } let the contract fail or neglect to
require the person entering into the contract to execute the
bond, cashier's check or certified check:
(1) The State of Oregon and the officers authorizing the
contract shall be jointly liable for the labor and materials used
in the prosecution of any work under the contract, and for claims
due the State Industrial Accident Fund, the { - State - }
Unemployment Compensation Trust Fund and the Department of
Revenue, if the contract was entered into with the State of
Oregon.
(2) The public body and the officers authorizing the contract
shall be jointly liable for the labor and materials used in the
prosecution of any work under the contract and for claims due the
State Industrial Accident Fund, the { - State - } Unemployment
Compensation Trust Fund and the Department of Revenue, if the
contract was entered into on behalf of a public body other than
the state.
{ + NOTE: + } Corrects grammar and official title in first
paragraph; corrects official title in (1) and (2).
SECTION 95. ORS 279.573 is amended to read:
279.573. { - On or before August 31, 1993, and every year
thereafter, - } The Oregon Department of Administrative
Services, in consultation with the Department of Environmental
Quality, shall prepare { - a - } { + an annual + } report to
the Legislative Assembly describing the purchase and procurement
of products purchased by state agencies before and after January
1, 1992. The report shall detail, as much as possible, the amount
of recycled product used by state contractors before and after
July 1, 1991. The report shall include but not be limited to the
following:
(1) Listed by department, the total dollar amounts, volume and
number of contracts of individual products purchased by the
department and any other state agency having delegated
procurement authority.
(2) Total dollar amounts, volume and number of contracts of
each product purchased by the state, including the Legislative
Assembly.
(3) The total dollar amounts, volume and number of contracts of
individual products, whether recycled or nonrecycled, purchased
by the state.
(4) The total dollar amounts, volume and number of contracts
for recycled products, recycled paper and compost products
purchased, including whether the paper products commodity goals
under ORS 279.621 were achieved.
(5) The total dollar amount and volume of compost and cocompost
products used by the state under ORS 459A.605 to 459A.620 or any
other state program. As used in this subsection, ' cocompost'
means a process that composts plant materials with organic
sludges or a material resulting from such a process.
(6) For recycled paper products purchased by state agencies,
the total number of contracts, dollar amounts and volume of those
contracts that were eligible for the preference under ORS
279.621. The report shall indicate, for each state agency, the
ratio of recycled paper purchased to total paper purchased, and
the average percentage of post-consumer content of the recycled
paper purchased. The Oregon Department of Administrative Services
shall provide technical and educational assistance to those
agencies unable to achieve recycled paper purchasing goals set by
the department.
(7) For each recycled product, including recycled paper and
compost products, the total dollar amounts, volume and number of
contracts that were eligible for a preference or a combination
thereof under ORS 279.570.
(8) The range of dollar amounts for bids on procurement
contracts including but not limited to contracts for the
procurement of individual recycled products.
(9) For each waste material, total revenue dollars and volume
generated from the state recycling plan under ORS 279.635.
(10) Recommendations to the Legislative Assembly as to
revisions of the percentage amounts contained in the secondary
waste and post-consumer waste definitions for individual products
that will result in greater procurement of recycled products
composed of recycled resources that would otherwise be disposed
of as solid waste in the state's disposal facilities.
(11) Recommendations on specific products available containing
secondary post-consumer waste that are procured by the state,
used in the performance of a service or project for the state and
used in state construction contracts. These products shall be
recommended as candidates for the application of the recycled
paper product preference described in ORS 279.621.
(12) The Oregon Department of Administrative Services, in
consultation with the Department of Environmental Quality, shall
identify those products purchased in either large volumes or high
dollar amounts by the state which are available as a recycled
product. The Oregon Department of Administrative Services shall
include this list in the department's annual report and shall
revise this list as products purchased by the state become
feasibly available in recycled form.
{ + NOTE: + } Deletes obsolete provision and corrects syntax
in first sentence.
SECTION 96. ORS 279.835 is amended to read:
279.835. As used in ORS 279.835 to 279.855:
(1) 'Department' means the Oregon Department of Administrative
Services.
{ + (2) 'Direct labor' includes all work required for
preparation, processing and packing, but not supervision,
administration, inspection and shipping. + }
{ - (2) - } { + (3) + } 'Disabled individual' means an
individual who, because of the nature of disabilities, is not
able to participate fully in competitive employment, and for whom
specialized employment opportunities must be provided.
{ - (3) - } { + (4) + } 'Public agency' or 'public
contracting agency ' has the same meaning contained in ORS
279.011.
{ - (4) - } { + (5) + } 'Qualified nonprofit agency for
disabled individual' means a nonprofit activity center or
rehabilitation facility:
(a) Organized under the laws of the United States or of this
state and operated in the interest of disabled individuals, and
the net income of which does not inure in whole or in part to the
benefit of any shareholder or other individual;
(b) { - Which - } { + That + } complies with any applicable
occupational health and safety standard required by the laws of
the United States or of this state; and
(c) { - Which - } { + That + } in the manufacture of
products and in the provision of services, whether or not the
products or services are procured under ORS 279.015 and 279.835
to 279.855, during the fiscal year employs disabled individuals
for not less than 75 percent of the { - man-hours - }
{ + work hours + } of direct labor required for the manufacture
or provision of the products or services.
{ - (5) 'Direct labor' includes all work required for
preparation, processing and packing, but not supervision,
administration, inspection and shipping. - }
{ + NOTE: + } Conforms section structure to legislative form
and style; corrects grammar in (5)(b) and (c); eliminates
gender-specific term in (5)(c).
SECTION 97. ORS 285A.110 is amended to read:
285A.110. (1) In accordance with any applicable provisions of
ORS 183.310 to 183.550, the { - Oregon - } Economic and
Community Development Department may adopt such rules consistent
with and necessary to carry out the policies established by the
Oregon Economic and Community Development Commission and the
duties, functions and powers vested by law in the department.
(2) The commission has the power to establish any policy when a
statute gives such power to the department. However, the
commission may not establish policy when a statute specifically
grants policy-making power to a named board, council or
commission, without regard to whether that board, council or
commission exists within the department.
{ + NOTE: + } Corrects official title in (1).
SECTION 98. ORS 285B.159 is amended to read:
285B.159. As used in { - this section and - } ORS 285B.074
and 285B.162, unless the context requires otherwise, 'local
business development fund' means a private nonprofit corporation
or other nonprofit entity, a public corporation or public agency
that makes loans or provides other financial assistance to
businesses in this state for the purpose of promoting economic
development.
{ + NOTE: + } Deletes incorrect provision.
SECTION 99. ORS 286.058 is amended to read:
286.058. The notice of sale required by ORS 286.056 shall
specify:
(1) The process by which bids will be received, considered and
acted upon, including the deadline for submitting bids, the total
amount of bonds and the denomination of bonds;
(2) The issue date, maturity dates and amounts, interest
payment dates, and place of payment of the bonds;
(3) The dates of redemption, if any; the call price premium, if
any; and the order and place of redemption;
(4) The method of submitting and the amount of any required
good faith deposit;
(5) Such constraints on the coupon or interest rates as the
agency, with the approval of the State Treasurer, may wish to
impose;
(6) The interest basis and definition thereof on which bids are
to be awarded;
(7) The nature of the security on the bonds; and
(8) The name of bond counsel; the name of the source of the
preliminary official statement; the means of communication used
to circulate the preliminary official statement, which may
include electronic or any other means prescribed by the State
Treasurer; coupon rate multiples { - , - } { + ; + }
registration provision, if any; estimated delivery date and
place; the purpose of the bonds; the statutes and constitutional
provisions pursuant to which the bonds are being issued; the
procedure for awarding the bids; and such other provision as the
agency, with the approval of the State Treasurer, may wish to
impose.
{ + NOTE: + } Corrects punctuation in (8).
SECTION 100. ORS 293.110 is amended to read:
293.110. (1) All payments of money into the State Treasury by
virtue of any statute providing for, creating, authorizing or
continuing any of the funds enumerated in subsection (2) of this
section shall be paid into and become a part of the General Fund.
(2) The following funds shall be a part of the General Fund:
{ - (a) Board of Dental Examiners' Fund. - }
{ - (b) - } { + (a) + } Forest Patrol Fund.
{ - (c) - } { + (b) + } Motor Vehicle Fund.
{ - (d) - } { + (c) + } Oregon State Veterinary Medical
Fund.
{ - (e) - } { + (d) + } State Institutional Betterment
Fund.
{ - (f) - } { + (e) + } Miscellaneous Receipts Account for
the State Library.
{ - (g) - } { + (f) + } State Library School Library Fund.
{ - (h) - } { + (g) + } Tumalo Maintenance Fund.
{ - (i) - } { + (h) + } Administrative Services Economic
Development Fund.
{ - (j) - } { + (i) + } All other funds created by law that
are not trust funds.
{ + NOTE: + } Deletes obsolete reference in (2)(a).
SECTION 101. ORS 293.227 is amended to read:
293.227. As used in ORS { - 293.229 - } { + 293.227 + } to
293.233, unless the context requires otherwise:
(1) 'Payment' means a voluntary amount of money paid by a
debtor to a state agency or an involuntary amount of money paid
by a debtor through offset or garnishment.
(2) 'State agency' means any officer, board, commission,
department, division or institution in the executive or
administrative branch of state government.
{ + NOTE: + } Corrects series reference in lead-in.
SECTION 102. ORS 294.311 is amended to read:
294.311. As used in ORS 294.305 to 294.565, unless the context
requires otherwise:
(1) 'Accrual basis' means the recording of the financial
effects on a municipal corporation of transactions and other
events and circumstances that have cash consequences for the
municipal corporation in the periods in which those transactions,
events and circumstances occur, rather than only in the periods
in which cash is received or paid by the municipal corporation.
(2) 'Activity' means a specific and distinguishable service
performed by one or more organizational components of a municipal
corporation to accomplish a function for which the municipal
corporation is responsible.
(3) 'Appropriation' means an authorization granted by the
governing body to make expenditures and to incur obligations for
specific purposes, and shall be limited to a single fiscal year.
(4) 'Basis of accounting' means the cash basis, the modified
accrual basis or the accrual basis.
(5) 'Budget' means a plan of financial operation embodying an
estimate of expenditures for a given period or purpose and the
proposed means of financing the estimated expenditures.
(6) 'Budget document' means the estimates of expenditures and
budget resources as set forth on the estimate sheets, tax levy
and the financial summary.
(7) 'Budget resources' means resources to which recourse can be
had to meet obligations and expenditures during the fiscal year
covered by the budget.
(8) 'Cash basis' means a basis of accounting under which
transactions are recognized only in the period during which cash
is received or disbursed.
(9) 'Current year' means the fiscal year in progress.
(10) 'Encumbrance accounting' means the method of accounting
under which outstanding encumbrances are recognized as reductions
of appropriations and the related commitments are carried in a
reserve for encumbrances until liquidated, either by replacement
with an actual liability or by cancellation. This method of
accounting may be used as a modification to the accrual basis of
accounting in accordance with generally accepted accounting
principles.
(11) 'Encumbrances' means obligations in the form of purchase
orders, contracts or salary commitments which are chargeable to
an appropriation and for which a part of the appropriation is
reserved. Obligations cease to be encumbrances when paid or when
the actual liability is set up.
(12) 'Ensuing year' means the fiscal year following the current
year.
(13) 'Expenditure' means, if the accounts are kept on the
accrual basis or the modified accrual basis, decreases in net
financial resources and may include encumbrances. If the accounts
are kept on the cash basis, the term covers only actual
disbursement, the drawing of the check or warrant for these
purposes and not encumbrances, except that deferred employee
compensation shall be included as a personal service expenditure
where an approved deferred employee compensation plan is in
effect for a municipal corporation.
(14) 'Fiscal year' means for municipal corporations with the
power to impose ad valorem property taxes, the fiscal year
commencing on July 1 and closing on June 30, and for all other
municipal corporations, an accounting period of 12 months ending
on the last day of any month.
(15) 'Fund balance' means the excess of the assets of a fund
over its liabilities and reserves except in the case of funds
subject to budgetary accounting where, prior to the end of a
fiscal period, it represents the excess of the fund's assets and
estimated revenues for the period over its liabilities, reserves
and appropriations for the period.
(16) 'Governing body' means the city council, board of
commissioners, board of directors, county court or other managing
board of a municipal corporation including a board managing a
municipally owned public utility or a dock commission.
(17) 'Grant' means a donation or contribution of cash to a
governmental unit by a third party.
{ - (18) 'Imprest cash account' means an account for handling
minor disbursements whereby a fixed amount of money, designated
as petty cash, is set aside for this purpose. - }
{ - (19) - } { + (18) + } 'Intergovernmental entity' means
an entity created under ORS 190.010 (5). The term includes any
council of governments created prior to the enactment of ORS
190.010 (5).
{ - (20) - } { + (19) + } 'Internal service fund' means a
fund properly authorized to finance, on a cost reimbursement
basis, goods or services provided by one organizational unit of a
municipal corporation to other organizational units of the
municipal corporation.
{ - (21) - } { + (20) + } 'Liabilities' means probable
future sacrifices of economic benefits, arising from present
obligations of a municipal corporation to transfer assets or
provide services to other entities in the future as a result of
past transactions or events. The term does not include
encumbrances.
{ - (22)(a) - } { + (21)(a) + } 'Modified accrual basis'
means the accrual basis of accounting adapted to the governmental
fund-type measurement focus. Under this basis of accounting,
revenues and other financial resource increments, such as bond
proceeds, are recognized when they become susceptible to accrual,
that is, when they become both measurable and available to
finance expenditures in the current period.
(b) As used in this subsection, 'available' means collectible
in the current period or soon enough thereafter to be used to pay
liabilities of the current period. Under this basis of
accounting, expenditures are recognized when the fund liability
is incurred except for:
(A) Inventories of material and supplies that may be considered
expenditures either when purchased or when used; and
(B) Prepaid insurance and similar items that may be considered
expenditures either when paid for or when consumed.
{ - (23) - } { + (22) + } 'Municipal corporation' means any
county, city, port, school district, union high school district,
community college district and all other public or quasi-public
corporations including a municipal utility or dock commission
operated by a separate board or commission.
{ - (24) - } { + (23) + } 'Net working capital' means the
sum of the cash, cash equivalents, investments, accounts
receivable expected to be converted to cash during the ensuing
year, inventories, supplies and prepaid expenses less current
liabilities and, if encumbrance accounting is adopted, reserve
for encumbrances. The term is not applicable to the cash basis of
accounting.
{ - (25) - } { + (24) + } 'Object' means, as used in
expenditure classification, articles purchased including, but not
limited to, land, buildings, equipment and vehicles, or services
obtained including, but not limited to, administrative services,
clerical services, professional services, property services and
travel, as distinguished from the results obtained from
expenditures.
{ - (26) - } { + (25) + } 'Object classification' means a
grouping of expenditures on the basis of goods or services
purchased, including, but not limited to, personal services,
materials, supplies and equipment.
{ - (27) - } { + (26) + } 'Operating taxes' has the meaning
given that term in ORS 310.055.
{ - (28) - } { + (27) + } 'Organizational unit' means any
administrative subdivision of a municipal corporation, especially
one charged with carrying on one or more functions or activities.
{ - (29) - } { + (28) + } 'Population' means the number of
inhabitants of a municipal corporation according to certified
estimates of population made by the State Board of Higher
Education.
{ - (30) - } { + (29) + } 'Program' means a group of
related activities aimed at accomplishing a major service or
function for which the municipality is responsible.
{ - (31) - } { + (30) + } 'Public utility' means those
public utility operations authorized by ORS chapter 225.
{ - (32) - } { + (31) + } 'Publish' or 'publication' means
any one or more of the following methods of giving notice or
making information or documents available to members of the
general public:
(a) Publication in one or more newspapers of general
circulation within the jurisdictional boundaries of the municipal
corporation.
(b) Posting through the United States Postal Service by first
class mail, postage prepaid, to each street address within the
jurisdictional boundaries of the municipal corporation.
(c) Hand delivery to each street address within the
jurisdictional boundaries of the municipal corporation.
{ - (33) - } { + (32) + } 'Receipts' means cash received
unless otherwise qualified.
{ - (34) - } { + (33) + } 'Reserve for encumbrances' means
a reserve representing the segregation of a portion of a fund
balance to provide for unliquidated encumbrances.
{ - (35) - } { + (34) + } 'Revenue' means the gross
receipts and receivables of a governmental unit derived from
taxes, licenses, fees and from all other sources, but excluding
appropriations, allotments and return of principal from
investment of surplus funds.
{ - (36) - } { + (35) + } 'Special revenue fund' means a
fund properly authorized and used to finance particular
activities from the receipts of specific taxes or other revenues.
{ + NOTE: + } Deletes unnecessary definition.
SECTION 103. ORS 294.406 is amended to read:
294.406. (1) The budget committee shall approve the budget
document as submitted by the budget officer or the budget
document as revised and prepared by the budget committee. The
budget document as approved by the budget committee shall specify
the ad valorem property tax amount or rate for all funds.
(2) In addition to the meetings held under ORS 294.401 (1), the
budget committee may meet from time to time at its discretion.
All meetings of the budget committee shall be open to the public.
Except for a meeting of the budget committee held under ORS
294.401 (1), prior notice of each meeting of the budget committee
shall be given at the same time as is required for notice of
meetings of the governing body of the municipal corporation and
may be given in the same manner as notice of meetings of the
governing body or by any one or more of the methods described in
ORS 294.311 { - (32) - } { + (31) + }.
(3) The budget committee may demand and receive from any
officer, employee or department of the municipal corporation any
information the committee requires for the revision and
preparation of the budget document. The budget committee may
compel the attendance of any such officer or employee at its
meetings.
{ + NOTE: + } Corrects subsection reference in (2). See
amendments to 294.311 by section 102.
SECTION 104. ORS 294.421 is amended to read:
294.421. (1) Subject to subsections (3) to (6) of this section,
the summary of the budget document approved by the budget
committee shall be published at least once prior to the time
appointed for the proposed meeting of the governing body in
accordance with ORS 294.430.
(2) Subject to subsections (3) to (6) of this section, the
notice of the time and place at which the budget document as
approved by the budget committee may be discussed shall be
published by one or more of the methods described in ORS 294.311
{ - (32) - } { + (31) + } not less than five days and not
more than 30 days prior to the date of the meeting required by
ORS 294.430.
(3) If no newspaper is published in the municipal corporation,
a municipal corporation whose aggregate of estimated budget
expenditures for the ensuing fiscal year does not exceed $50,000
may, in lieu of the publication and notice provided in
subsections (1) and (2) of this section and in lieu of
publication by one or more of the methods described in ORS
294.311 { - (32) - } { + (31) + }, post the summaries and
notices provided by ORS 294.416 or 294.418 in three conspicuous
places in the municipal corporation for at least 20 days prior to
the date of the meeting provided in ORS 294.430 and publish the
notice provided by subsection (4) of this section.
(4) If notice is given as provided in subsection (3) of this
section, the municipal corporation shall publish, by one or more
of the methods described in ORS 294.311 { - (32) - } { +
(31) + }, a notice of the following:
(a) The date, time and place of the meeting provided by ORS
294.430;
(b) The place where the complete budget document is available
for inspection by the general public during regular office hours;
(c) Total budget requirements and taxes proposed to be levied;
(d) Changes in the amount or rate of proposed ad valorem
property taxes; and
(e) The place where copies of the complete budget or parts
thereof may be obtained.
(5) The notice provided in subsection (4) of this section shall
be published not less than five days and not more than 30 days
prior to the date of the meeting provided in ORS 294.430.
(6) A municipal corporation having a population exceeding
200,000 inhabitants, or a municipal corporation with 200,000 or
fewer inhabitants that requests the tax supervising and
conservation commission to conduct the public hearing outlined in
ORS 294.430, shall, in lieu of the publication and notice
prescribed in subsection (1) of this section, submit its budget
document, as approved by the budget committee, to the tax
supervising and conservation commission within its county, if
there is such a commission, at least 20 days prior to the legal
date of the public hearing before the tax supervising and
conservation commission on the budget, and the budget document
shall thereupon be open to inspection by any taxpayer or citizen.
The municipal corporation shall also publish a notice as provided
in subsections (4) and (5) of this section.
{ + NOTE: + } Corrects subsection references in (2), (3) and
(4). See amendments to 294.311 by section 102.
SECTION 105. ORS 294.425 is amended to read:
294.425. (1) When a notice, budget summary or other document is
required to be published under any provision of ORS 294.305 to
294.565, publication of the document shall be considered
sufficient for all purposes if a good faith effort is made by the
budget officer of the municipal corporation to publish by any one
or more of the methods described in ORS 294.311 { - (32) - }
{ + (31) + }, notwithstanding any defect in the publication,
including but not limited to:
(a) Typographical or scriveners' errors in the published
material;
(b) Failure of the published materials to be mailed or hand
delivered to each street address within the jurisdictional
boundaries of the municipal corporation;
(c) Arithmetic errors in computing numerical information,
including tax levies or tax rates;
(d) Calculations of ad valorem property taxes not made in
accordance with the applicable requirements of law; or
(e) Failure to publish within the time periods required by law.
(2) At the first regularly scheduled meeting of the governing
body of the municipal corporation that is held following the
discovery of any publication error described in subsection
(1)(a), (c) or (d) of this section, the budget officer shall
advise the governing body in writing of the error and shall
correct the error by testimony before the governing body at the
meeting. If the error relates to the calculation of ad valorem
property taxes, the budget officer shall immediately notify the
county assessor of the error in writing, identifying the correct
ad valorem property tax.
{ + NOTE: + } Corrects subsection reference in (1). See
amendments to 294.311 by section 102.
SECTION 106. ORS 294.480 is amended to read:
294.480. (1) Notwithstanding requirements as to estimates of
and limitation on expenditures, the governing body of any
municipal corporation may make a supplemental budget for the
fiscal year for which the regular budget has been prepared under
one or more of the following circumstances:
(a) An occurrence or condition which had not been ascertained
at the time of the preparation of a budget for the current year
which requires a change in financial planning.
(b) A pressing necessity which was not foreseen at the time of
the preparation of the budget for the current year which requires
prompt action.
(c) Funds were made available by another unit of federal, state
or local government and the availability of such funds could not
have been ascertained at the time of the preparation of the
budget for the current year.
(d) A request for services or facilities, the cost of which
shall be supplied by a private individual, corporation or company
or by another governmental unit and the amount of the request
could not have been accurately ascertained at the time of the
preparation of the budget for the current year.
(e) Proceeds from the involuntary destruction, involuntary
conversion, or sale of property has necessitated the immediate
purchase, construction or acquisition of different facilities in
order to carry on the governmental operation.
(f) Ad valorem property taxes are received during the fiscal
year in an amount sufficiently greater than the amount estimated
to be collected that the difference will significantly affect the
level of government operations to be funded by those taxes as
provided in the budget for the current year.
(2) A supplemental budget shall not extend beyond the end of
the fiscal year during which it is submitted.
(3) When the estimated expenditures contained in a supplemental
budget for a fiscal year differ by less than 10 percent of any
one of the individual funds contained in the regular budget for
that fiscal year that is being changed in the supplemental
budget, the governing body of the municipal corporation may adopt
the supplemental budget at a regular meeting of the governing
body. Notice of such regular meeting, including sufficient detail
on revenues and expenditures, shall be published by one or more
of the methods permitted under ORS 294.311 { - (32) - } { +
(31) + } not less than five days prior to the meeting. Following
such meeting, the governing body shall make additional
appropriations and may thereafter make additional expenditures as
authorized by such appropriations.
(4) When the estimated expenditures contained in a supplemental
budget for a fiscal year differ by 10 percent or more of any one
of the individual funds contained in the regular budget for that
fiscal year that is being changed in the supplemental budget, the
supplemental budget, or a summary thereof, shall be published,
or, in counties having a tax supervising and conservation
commission, shall be submitted to the tax supervising and
conservation commission within the county. The governing body,
or, where applicable, the tax supervising and conservation
commission shall then hold a public hearing on the supplemental
budget. Publication of the budget and notice of the hearing shall
be given in the manner provided in ORS 294.421. Following such
hearing, the governing body shall make additional appropriations
and may thereafter make additional expenditures as authorized by
such appropriations.
(5) The making of a supplemental budget shall not authorize the
governing body to increase the municipal corporation's total ad
valorem property taxes above the amount or rate published with
the annual budget and certified to the assessor under ORS 310.060
for the fiscal year to which the supplemental budget applies.
{ + NOTE: + } Corrects subsection reference in (3). See
amendments to 294.311 by section 102.
SECTION 107. ORS 326.350 is amended to read:
326.350. (1) The Superintendent of Public Instruction may
authorize staff members of the Department of Education to serve
as executive directors of { - educational related - }
{ + education-related + } organizations and in so doing manage
the funds of those organizations.
(2) The Educational Organizations Fund is established. Moneys
received under this section shall be deposited with the State
Treasurer in the Educational Organizations Fund which shall be
separate and distinct from the General Fund. Interest earned by
the account shall be credited to the account.
(3) Disbursements from the account to persons lawfully entitled
thereto may be made by the Superintendent of Public Instruction
or designee, by checks or orders drawn upon the State Treasurer.
{ + NOTE: + } Corrects word choice in (1).
SECTION 108. ORS 329.885 is amended to read:
329.885. (1) It is the policy of the State of Oregon to
encourage educational institutions and businesses to develop, in
partnership, models for programs related to school-to-work
transitions and work experience internships directed by the
Oregon Educational Act for the 21st Century as described in ORS
329.005 to 329.165, 329.185, 329.445, 329.850 and 329.855.
(2) From funds available, the Department of Education may
allocate to any { - educational - } { + education + } service
district, school district, individual secondary school or
community college grants to develop programs such as those
described in subsection (1) of this section.
(3) To receive a grant to operate a program described in
subsection (1) of this section, a business shall demonstrate to
the satisfaction of the department that the program shall:
(a) Identify groups that have been traditionally
underrepresented in the programs and internships, particularly in
health care, business and high technology employment positions.
(b) Encourage students who belong to groups identified in
paragraph (a) of this subsection, particularly students in
secondary schools and community colleges, to apply for
consideration and acceptance into a model program described in
subsection (1) of this section.
(c) Promote an awareness of career opportunities in the
school-to-work transition and the work experience internships
among students sufficiently early in their educational careers to
permit and encourage students to apply for the model programs.
(d) Promote cooperation among businesses, school districts and
community colleges in working toward the goals of the Oregon
Educational Act for the 21st Century.
(e) Develop academic skills, attitudes and self-confidence
necessary to allow students to succeed in the work environment,
including attitudes of curiosity and perseverance and the
feelings of positive self-worth that result from sustained
effort.
(f) Provide a variety of experiences that reinforce the
attitudes needed for success in the business world.
(4) The department shall direct fund recipients to adopt rules
establishing standards for approved programs under this section,
including criteria for eligibility of organizations to receive
grants, and standards to determine the amount of grants.
(5) The department may seek and receive gifts, grants,
endowments and other funds from public or private sources as may
be made from time to time, in trust or otherwise, for the use and
benefit of the purposes of the school-to-work transition and the
work experience internship programs and may expend the same or
any income therefrom according to the terms of such gifts,
grants, endowments or other funds.
{ + NOTE: + } Corrects word choice in (2).
SECTION 109. ORS 329.945 is amended to read:
329.945. (1) Pursuant to rules adopted by the State Board of
Education, the Department of Community Colleges and Workforce
Development and the { - Division - } { + Office + } of
Professional Technical Education may jointly make grants to
community college districts and school districts for the purposes
of:
(a) Supporting proposals from school districts and others to
provide alternative learning centers or teaching methods to
students of high school age who are at risk of not achieving a
Certificate of Initial Mastery or Certificate of Advanced
Mastery;
(b) Providing incentives to create skill training centers to
insure high academic standards and workforce excellence; and
(c) Continuing and enhancing the programs and services provided
by existing skill training centers.
(2) Skill training centers shall provide:
(a) Intensive instruction and support for youth to achieve high
academic standards;
(b) Training and support services to prepare unemployed,
underemployed and dislocated workers and homemakers for
participation in a competitive society;
(c) Upgrading of the skills of retired workers and older adults
and placement in businesses experiencing labor shortages; and
(d) Coordination and consolidation of existing community
programs and services to better serve clients through well
managed and jointly operated programs.
(3) Skill training centers shall provide intensive instruction
and support for youth and adults in order to prepare them for
participation in a competitive workforce. Centers must respond to
clear and significant community workforce needs that are not
adequately addressed through existing programs and provide
support services that enable at-risk youth and adults to succeed.
Grants for skill training centers made under this section must be
matched in substantial part with other funds available to the
local community college district and the public schools. The
offices shall seek additional support from Job Training
Partnership Act organizations, Family Support Act organizations
and other workforce training providers. Grants must be
distributed on a reasonable geographic basis.
{ + NOTE: + } Corrects official title in (1).
SECTION 110. { + (1) The amendments to ORS 329.945 by section
109 of this 2001 Act are intended to change the name of the
'Division of Professional Technical Education' to the 'Office of
Professional Technical Education. '
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Division of
Professional Technical Education,' wherever they occur in Oregon
Revised Statutes, other words designating the 'Office of
Professional Technical Education.' + }
{ + NOTE: + } Grants Legislative Counsel authority to effect
name change.
SECTION 111. { + ORS 330.092 is added to and made a part of
ORS 330.092 to 330.101. + }
{ + NOTE: + } Adds statute to appropriate series.
SECTION 112. ORS 336.665 is amended to read:
336.665. (1) The Superintendent of Public Instruction shall
find a school district to be deficient within the meaning of ORS
327.103 if the district fails to cause the proposal of
alternative programs to be made under ORS 339.250 (9) or
{ - (11) - } { + (10) + }.
(2) The failure to cause the proposal of alternative programs
shall not be grounds for a civil action against the school
district.
{ + NOTE: + } Corrects subsection reference in (1).
SECTION 113. ORS 336.795 is amended to read:
336.795. A { - student driver training program - }
{ + traffic safety education course + } shall be conducted in
order to facilitate the policing of the streets and highways of
this state and to reduce the direct cost thereof by educating
youthful drivers in safe and proper driving practices.
{ + NOTE: + } Corrects terminology.
SECTION 114. ORS 339.430 is amended to read:
339.430. (1) Voluntary organizations that desire to administer
interscholastic activities shall apply to the State Board of
Education for approval. The state board shall review the rules
and bylaws of the voluntary organization to determine that they
do not conflict with state law or rules of the state board. If
an organization meets the standards established under ORS 326.051
and its rules and bylaws do not conflict with state law or rules
of the state board, the state board shall approve the
organization. An approved voluntary organization is qualified to
administer interscholastic activities.
(2) The state board may suspend or revoke its approval if an
approved organization is found to have violated state law or
rules of the state board. If an organization is not approved or
its approval is suspended or revoked, it may appeal the denial,
suspension or revocation as a contested case under ORS 183.310 to
183.550.
(3) A voluntary organization's decisions concerning
interscholastic activities may be appealed to the state board,
which may hear the matter or by rule may delegate authority to a
{ - hearings - } { + hearing + } officer to hear the matter
and enter a final order pursuant to ORS 183.464 (1). Such
decisions may be appealed under ORS 183.484.
{ + NOTE: + } Corrects terminology in (3).
SECTION 115. ORS 341.102 is amended to read:
341.102. If the Legislative Assembly, or if it is not in
session, the Emergency Board, approves the recommendation
submitted under ORS 341.076, 341.565 or 341.579, it shall
appropriate or allocate to the Department of Community Colleges
and Workforce Development { - money - } { + moneys + }
necessary to pay the expenses of the election under ORS 341.085,
341.569 or 341.579 (1) if the election is to occur within 24
months of the appropriation or allocation. If the election does
not occur within the biennium immediately following the
appropriation or allocation, the question shall be brought before
the next Legislative Assembly. The state shall have the
responsibility of funding the election without regard to the
outcome of the election.
{ + NOTE: + } Corrects word choice.
SECTION 116. ORS 343.175 is amended to read:
343.175. (1) A decision under ORS 343.165 is final unless the
parent or the school district files a civil action under
subsection (2) of this section.
(2) Either party aggrieved by the finding and decision of the
hearing officer may commence a civil action in any court of
competent jurisdiction.
(3) In any action brought under this section, the court shall
receive the records from the administrative proceeding, shall
hear additional evidence at the request of a party and, basing
its decision on the preponderance of the evidence, shall grant
such relief as the court determines is appropriate.
(4) Any civil action brought under this section shall be
commenced within 120 days of the date of the hearing officer's
final order.
(5) In any action or proceeding brought under ORS 343.165 or in
an appeal from any action or proceeding brought under ORS
343.165, the court, in its discretion, may award reasonable
attorney fees as part of costs to the parents of a child with a
disability who is the prevailing party.
(6) Attorney fees awarded under this section shall be based on
rates prevailing in the community in which the action or
proceeding arose for the kind and quality of services furnished.
No bonus or multiplier may be used in calculating these fees.
(7) Attorney fees may not be awarded and related costs may not
be reimbursed under this section for services performed after a
written offer of settlement to a parent if:
(a) The offer is made within the time prescribed by Rule 68 of
the Federal Rules of Civil Procedure, or in case of an
administrative hearing, more than 10 days before the hearing
begins;
(b) The offer is not accepted within 10 days; and
(c) The relief finally obtained by the parents is not more
favorable to the parents than the offer of settlement.
(8) Notwithstanding subsection (7) of this section, attorney
fees and related costs may be awarded to a parent who is the
prevailing party and who was substantially justified in rejecting
the settlement offer.
(9) Attorney fees may not be awarded relating to any meeting of
the individualized education program team unless the meeting is
convened as a result of an administrative proceeding under ORS
343.165, or as a result of judicial action.
(10) Attorney fees may not be awarded for a mediation that is
conducted before a request for a hearing under ORS 343.165.
(11) The court shall reduce the amount of attorney fees awarded
under this section if:
(a) The parent unreasonably protracted the final resolution of
the controversy;
(b) The amount of the attorney fees unreasonably exceeds the
hourly rate prevailing in the community for similar services by
attorneys of reasonably comparable skill, reputation { - , - }
and experience;
(c) The time spent and legal services furnished were excessive
considering the nature of the action or proceeding; or
(d) In requesting a hearing under ORS 343.165 (1)(a), the
attorney representing the parent did not provide written notice
to the Superintendent of Public Instruction that included:
(A) The child's name, address and school;
(B) A description of the problem and facts relating to the
problem; and
(C) A proposed resolution of the problem.
(12) The court shall not reduce fees under subsection (11) of
this section if:
(a) The school district unreasonably protracted the final
resolution of the controversy; or
(b) The school district violated the procedural safeguards as
set forth in ORS 343.146 to 343.183.
{ + NOTE: + } Conforms punctuation in (11)(b) to legislative
form and style.
SECTION 117. ORS 343.193 is amended to read:
343.193. (1) Any public or private official having reasonable
cause to believe that any child with whom the official comes in
contact officially is a disabled child who is eligible for but
not enrolled in a special education program shall report to the
Superintendent of Public Instruction the child's name and the
facts leading the official to the belief.
(2) Nothing in ORS 40.225 to 40.295 shall affect the duty to
report imposed by subsection (1) of this section except that a
physician, licensed psychologist, { - clergyman - }
{ + member of the clergy + } or attorney shall not be required
to report information communicated by an adult if such
information is privileged under ORS 40.225 to 40.295.
(3) Upon receipt of a report under subsection (1) of this
section, the Superintendent of Public Instruction shall verify
whether the child is enrolled in a special education program and
may cause an investigation, including an evaluation under ORS
343.146, to be made to determine whether the child is eligible
for a program under ORS 343.221.
(4) As used in this section, 'public or private official ' has
the meaning given in ORS 419B.005.
{ + NOTE: + } Eliminates gender-specific language in (2).
SECTION 118. ORS 343.287 is amended to read:
343.287. (1) There is created a State Advisory Council for
Special Education, consisting of members appointed by the
Superintendent of Public Instruction. Members shall be
representative of the geographic areas of this state.
(2) Members must include:
(a) Individuals with disabilities;
(b) Parents or guardians of children with disabilities;
(c) Educators of children with disabilities;
(d) State and local education officials;
(e) Administrators of programs for children with disabilities;
(f) Representatives of institutions of higher education that
prepare personnel to work in special education and related
services;
(g) Representatives of other state agencies involved in the
financing or delivery of related services;
(h) Representatives of private schools and { + representatives
of + } public { - alternative education programs that are - }
charter schools { + as defined in ORS 338.005 + };
(i) At least one representative of providers of transition
services;
(j) Representatives from the state juvenile and adult
corrections agencies; and
(k) Other persons associated with or interested in the
education of children with disabilities.
(3) A majority of the members must be individuals with
disabilities or parents of children with disabilities.
(4) The State Advisory Council for Special Education shall:
(a) Review aspects of the statewide program of education of
children with disabilities and advise the Superintendent of
Public Instruction and the Department of Education on such
programs;
(b) Advise the Superintendent of Public Instruction and the
Department of Education of unmet needs in the education of
children with disabilities;
(c) Comment publicly on any rules proposed for adoption by the
Department of Education concerning special education;
(d) Assist the state in developing and reporting data and
evaluations concerning special education;
(e) Advise the Department of Education in developing corrective
action plans to address findings identified in federal monitoring
reports on special education; and
(f) Advise the Department of Education in developing and
implementing policies relating to the coordination of services
for children with disabilities.
(5) Out of the funds appropriated to the Department of
Education, the department shall reimburse members for necessary
travel and other expenses under ORS 292.495 (2).
{ + NOTE: + } Corrects terminology in (2)(h).
SECTION 119. ORS 344.525 is amended to read:
344.525. (1) The division shall be under the supervision and
control of an assistant director who shall be appointed as
provided in ORS { - 409.100 - } { + 409.130 + } and who shall
be responsible for the performance of the duties imposed upon the
division. The assistant director shall be a person who, by
training and experience, is well qualified to perform the duties
of the division.
(2) Before entering upon the duties of office, the assistant
director shall give to the state a fidelity bond for the faithful
performance of duties in such penal sum as may be fixed by law
or, if not so fixed, as may be fixed by the Governor, with
corporate surety authorized to do business in this state. The
premium for such bond shall be paid by the division.
{ + NOTE: + } Corrects ORS reference in (1).
SECTION 120. ORS 345.440 is amended to read:
345.440. Safety and sanitation inspections performed in schools
licensed under ORS 345.010 to 345.450 to teach hair design,
barbering, facial technology or nail technology shall be
conducted by the { - Health Division of the Department of Human
Services - } { + Health Licensing Office + }.
{ + NOTE: + } Corrects reference to state agency.
SECTION 121. ORS 345.450 is amended to read:
345.450. (1) In addition to the fees required by ORS 345.080,
before issuing any license under ORS 345.010 to 345.450 to a
school teaching hair design, barbering, facial technology or nail
technology, and annually thereafter, the Department of Education
shall collect a nonrefundable annual inspection fee of $100.
(2) The inspection fee collected under subsection (1) of this
section shall be transferred to the { - Health Division of the
Department of Human Services - } { + Health Licensing
Office + } for inspections performed under ORS 345.440.
{ + NOTE: + } Corrects reference to state agency.
SECTION 122. ORS 357.261 is amended to read:
357.261. A district shall constitute a municipal corporation of
this state, and a public body, corporate and politic, exercising
public power. Every district shall have power:
(1) To have and use a common seal.
(2) To sue and be sued { - by - } { + in + } its name.
(3) To make and accept any and all contracts, deeds, leases,
releases and documents of any kind which, in the judgment of the
board, are necessary or proper to the exercise of any power of
the district, and to direct the payment of all lawful claims or
demands.
(4) To assess, levy and collect taxes to pay the cost of
acquiring sites for and constructing, reconstructing, altering,
operating and maintaining a library or any lawful claims against
the district, and the operating expenses of the district.
(5) To employ all necessary agents and assistants.
(6) To call elections after the formation of the district.
(7) To enlarge the boundaries of the district as provided by
ORS 198.705 to 198.955.
(8) Generally to do and perform any and all acts necessary and
proper to the complete exercise and effect of any of its powers
or the purposes for which it was formed.
(9) Whenever authorized by the electors, to issue general
obligation bonds of the district. However, the aggregate amount
of general obligation bonds issued and outstanding at any one
time shall not exceed two and one-half percent of the real market
value of all taxable property of the district, computed in
accordance with ORS 308.207.
(10) To exercise those powers granted to local government units
for public libraries under ORS 357.410.
{ + NOTE: + } Corrects word choice in (2).
SECTION 123. ORS 358.935 is amended to read:
358.935. (1) Any archaeological object or proceeds seized under
the provisions of ORS 358.925 shall be preserved and retained. At
the time the court sentences the defendant in the criminal
prosecution for violation of the archaeology laws, the court may
order that any archaeological object or proceeds from the sale of
an archaeological object seized under ORS 358.925 shall be
forfeited. Any archaeological object seized under the provisions
of ORS 358.905 to 358.955 and 390.235 shall be retained by the
state and deposited in the Oregon State Museum of Anthropology.
(2) If the archaeological objects or proceeds seized under ORS
358.925 are not subsequently forfeited, the State Historic
Preservation { - Office - } { + Officer + } shall return or
arrange for the return of the objects or proceeds, as the case
may be, to the person from whom they were seized.
{ + NOTE: + } Corrects official title in (2).
SECTION 124. ORS 358.945 is amended to read:
358.945. (1) If a person who is conducting an archaeological
investigation on public lands according to the provisions of ORS
390.235 or on private land with the owner's written permission
finds a sacred object or object of cultural patrimony, the person
conducting the archaeological investigation shall notify in
writing:
(a) The State Historic Preservation { - Office - } { +
Officer + }; and
(b) The appropriate ethnic group, religious group or Indian
tribe { - that - } { + with which + } the object is
associated { - with - } .
(2) If a sacred object or object of cultural patrimony is
recovered on any land, the State Historic Preservation
{ - Office - } { + Officer + } shall assist the appropriate
group to repossess the object.
(3) This section does not apply to the contents of an Indian
cairn or burial regulated under ORS 97.740 to 97.760.
(4) Failure to notify the appropriate Indian tribe as required
by subsection (1)(b) of this section is a Class B misdemeanor.
{ + NOTE: + } Corrects official title in (1)(a) and (2);
corrects grammar in (1)(b).
SECTION 125. ORS 366.462 is amended to read:
366.462. (1) The Department of Transportation shall construct
fences on all freeway overpasses that are built on and after
November 4, 1993. The fences shall be designed to deter persons
from throwing objects from the overpasses onto the freeways.
(2) Beginning in the fiscal year that starts July 1, 1993, the
Department of Transportation shall construct at least 15 fences
per year on existing freeway overpasses. The department shall
develop a priority system to construct fences first on those
overpasses that involve the greatest risk factors { - and shall
report to the Sixty-eighth Legislative Assembly by January 15,
1995, with a proposed action plan to complete fencing of
overpasses wherever reasonably necessary - } .
{ + NOTE: + } Deletes obsolete provisions in (2).
SECTION 126. ORS 366.820 is amended to read:
366.820. Nothing in ORS 366.785 to 366.815 relieves the
Department of Transportation of its statutory obligations with
respect to the construction, reconstruction, maintenance, repair
and improvement of streets or roads taken over by the state, or
confers on the { - division - } { + department + }
jurisdiction or control over roads or streets benefited by ORS
366.785 to 366.815, except as provided therein.
{ + NOTE: + } Corrects reference to state agency.
SECTION 127. ORS 377.712 is amended to read:
377.712. (1) Notwithstanding the provisions of ORS 377.700 to
377.780, the owner of any outdoor advertising sign in existence
on June 12, 1975, located in a commercial or industrial zone in
existence on June 12, 1975, that meets all requirements for
obtaining an outdoor advertising sign permit as set out in ORS
377.700 to 377.780 and for which the owner had not secured an
outdoor advertising permit as required by ORS 377.725 prior to
June 12, 1975, either because of ignorance of the requirements of
ORS 377.725 or because the area, road or street adjacent to which
the sign was situated was not, at that time, designated as a
state highway, shall be entitled to the issuance of an outdoor
advertising sign permit by the { - division - }
{ + Department of Transportation + } upon application by the
owner of the sign and the payment of the fee set out in ORS
377.729.
(2) Notwithstanding the provisions of ORS 377.700 to 377.780,
the owner of any outdoor advertising sign visible from a road or
street that is designated as a state highway after February 19,
1990, is entitled to the issuance of an outdoor advertising sign
permit for the sign upon application by the owner of the sign,
payment of the fee set out in ORS 377.729 and receipt of the
affidavit required under ORS 377.723, if the sign was legally
located within a commercial or industrial zone at the time of
designation as a state highway.
{ + NOTE: + } Corrects reference to state agency in (1).
SECTION 128. ORS 377.758 is amended to read:
377.758. If appropriate federal authorities notify the
Department of Transportation that the erection of a sign pursuant
to any of the provisions of ORS 377.756 to 377.758 is contrary to
any federal law, the { - division - } { + department + }
shall cease issuing permits and shall cause any signs erected
pursuant to ORS 377.756 to 377.758 to be removed.
{ + NOTE: + } Corrects reference to state agency.
SECTION 129. ORS 390.240 is amended to read:
390.240. (1) The following disputes shall be submitted to
mediation and if mediation is not successful to arbitration as
described in this section:
(a) A dispute with regard to the issuance of an archaeological
permit under ORS 390.235; or
(b) A dispute over the disposition of human skeletal remains or
burial goods under ORS 97.750.
(2) The State Parks and Recreation Commission in consultation
with the Dispute Resolution Commission and the governing bodies
of the Oregon Indian tribes shall adopt rules to establish
mediation and arbitration procedures. Such rules shall provide
for appeal as described in ORS 36.365.
(3) Until rules are adopted and procedures implemented under
subsection (2) of this section, the State Parks and Recreation
Commission shall adopt interim rules that provide for resolution
of disputes. The arbitration panel under such a program shall
consist of { - a representative of - } :
(a) The State Historic Preservation { - Office - } { +
Officer or the officer's designee + };
(b) { + A representative of + } the Commission on Indian
Services;
(c) { + A representative of + } the Oregon State Museum of
Anthropology;
(d) { + A representative of + } a governing body of a
federally recognized Oregon Indian tribe; and
(e) { + A representative of + } the public, selected by the
Dispute Resolution Commission.
{ + NOTE: + } Corrects official title in (3)(a) and adjusts
structure of subsection accordingly.
SECTION 130. ORS 390.270 is amended to read:
390.270. As used in ORS 390.270 to 390.290:
{ - (1) 'Department' means the State Parks and Recreation
Department. - }
{ + (1) 'Ocean shore' has the meaning given that term in ORS
390.605. + }
(2) 'Rural fire protection district' means a district organized
under or subject to ORS chapter 478.
{ - (3) 'Ocean shore' has the meaning given that term by ORS
390.605. - }
{ + NOTE: + } Deletes superfluous definition; alphabetizes;
corrects syntax.
SECTION 131. ORS 390.310 is amended to read:
390.310. As used in ORS 390.310 to 390.368, unless the context
requires otherwise:
{ + (1) 'Channel' includes any channel that flows water at
ordinary low water. + }
{ - (1) - } { + (2) + } 'Unit of local government' means an
incorporated city, county or any other political subdivision of
this state.
{ - (2) 'Department' means the State Parks and Recreation
Department. - }
(3) 'Willamette River' means that portion of the Willamette
River, including all channels of the Willamette River, from its
confluence with the Columbia River upstream to Dexter Dam and the
Coast Fork of the Willamette River upstream to Cottage Grove Dam.
{ - (4) 'Channel' includes any channel that flows water at
ordinary low water. - }
{ + NOTE: + } Deletes superfluous definition; alphabetizes.
SECTION 132. ORS 390.805 is amended to read:
390.805. As used in ORS 390.805 to 390.925, unless the context
requires otherwise:
{ - (1) 'Department' means the State Parks and Recreation
Department. - }
{ - (2) 'Scenic waterway' means Waldo Lake, or a river or
segment of river that has been designated as such in accordance
with ORS 390.805 to 390.925 or any subsequent Act, and includes
related adjacent land. - }
{ - (3) - } { + (1) + } 'Related adjacent land' means all
land within one-fourth of one mile of the bank on the side of
Waldo Lake, or a river or segment of river within a scenic
waterway, except land that, in the department's judgment, does
not affect the view from the waters within a scenic waterway.
{ - (4) - } { + (2) + } 'Scenic easement' means the right
to control the use of related adjacent land, including air space
above such land, for the purpose of protecting the scenic view
from waters within a scenic waterway; but such control does not
affect, without the owner's consent, any regular use exercised
prior to the acquisition of the easement, and the landowner
retains the right to uses of the land not specifically restricted
by the easement.
{ + (3) 'Scenic waterway' means Waldo Lake, or a river or
segment of river that has been designated as such in accordance
with ORS 390.805 to 390.925 or any subsequent Act, and includes
related adjacent land. + }
{ + NOTE: + } Deletes superfluous definition; alphabetizes.
SECTION 133. ORS 390.930 is amended to read:
390.930. As used in ORS 390.930 to 390.940:
{ - (1) 'Department' means the State Parks and Recreation
Department. - }
{ - (2) - } { + (1) + } 'Managing agencies' includes:
(a) State Parks and Recreation Department;
(b) State Department of Fish and Wildlife;
(c) Confederated Tribes of the Warm Springs Indian Reservation;
(d) State Marine Board;
(e) Sherman, Wasco and Jefferson Counties;
(f) Oregon State Police;
(g) United States Bureau of Land Management;
(h) United States Bureau of Indian Affairs; and
(i) The City of Maupin.
{ - (3) - } { + (2) + } 'Recreation area' means the
Deschutes River Scenic Waterway Recreation Area created under ORS
390.932.
{ + NOTE: + } Deletes superfluous definition.
SECTION 134. { + ORS 390.953 is repealed. + }
{ + NOTE: + } Repeals superfluous definition section.
SECTION 135. { + Notwithstanding any other provision of law,
ORS 390.992 shall not be considered to have been added to or made
a part of ORS 390.620 to 390.660 for the purpose of statutory
compilation or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
series. + }
{ + NOTE: + } Removes section from inappropriate series.
SECTION 136. { + Notwithstanding any other provision of law,
ORS 390.995 shall not be considered to have been added to or made
a part of ORS 390.620 to 390.660 for the purpose of statutory
compilation or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
series. + }
{ + NOTE: + } Removes section from inappropriate series.
SECTION 137. ORS 396.160 is amended to read:
396.160. (1) The Adjutant General shall be the Director of the
Oregon Military Department, and Chief of Staff to the Governor.
The Adjutant General shall be the Commander of the Oregon
National Guard.
(2) The Adjutant General shall be charged, under the direction
of the Governor, with the supervision of all matters pertaining
to the administration, discipline, mobilization, organization and
training of the Oregon National Guard and the Oregon State
Defense Force.
(3) The Adjutant General shall perform all duties required by
the laws of the United States and of the State of Oregon, and the
regulations issued thereunder, now or hereafter promulgated.
(4) The Adjutant General may employ such deputies, assistants
and other personnel as the Adjutant General shall deem necessary
to assist the Adjutant General in the performance of those duties
required of the Adjutant General as Director of the Oregon
Military Department. The Adjutant General shall fix the
compensation of such deputies, assistants and other personnel in
accordance with then existing state laws, budgetary restrictions
and employment policies.
(5) The Adjutant General shall supervise the preparation and
submission of all returns and reports pertaining to the militia
of the state as may be required by the United States.
(6) The Adjutant General shall be the channel of official
military correspondence with the Governor, and shall, on or
before November 1 of each year, make a report to the Governor of
the transactions, expenditures and condition of the Oregon
National Guard. The report shall include the report of the United
States Property and Fiscal Officer.
(7) The Adjutant General shall be the custodian of records of
officers and enlisted { - men - } { + personnel + } and all
other records and papers required by law or regulations to be
filed in the office of the Adjutant General. The Adjutant General
may deposit with the State Archivist for safekeeping in the
official custody, records of the office of the Adjutant General
that are used for historical purposes rather than the
administrative purposes assigned to the office of the Adjutant
General by law.
(8) The Adjutant General shall attest and record all military
commissions issued by the Governor and keep a roll of all
commissioned officers, with dates of commission and all changes
occurring in the commissioned forces.
(9) The Adjutant General shall record, authenticate and
communicate to troops and individuals of the militia all orders,
instructions and regulations.
(10) The Adjutant General shall cause to be procured, printed
and circulated to those concerned all books, blank forms, laws,
regulations or other publications governing the militia needful
to the proper administration, operation and training thereof or
to carry into effect the provisions of this chapter and ORS
chapters 398 and 399.
(11) The Adjutant General shall have an appropriate seal of
office and affix its impression to all certificates of record
issued from the office of the Adjutant General.
(12) The Adjutant General shall render such professional aid
and assistance and perform such military duties, not otherwise
assigned, as may be ordered by the Governor.
(13) The Adjutant General shall, in time of peace, perform the
duties of quartermaster general and chief of ordnance.
{ + NOTE: + } Eliminates gender-specific language in (7).
SECTION 138. ORS 396.505 is amended to read:
396.505. { - The word 'armory' - } As used in ORS 396.505 to
396.545 { + , 'armory' + } means any building, together with the
grounds upon which it is situated, used for the storage and
maintenance of military property or the training of troops, and
in addition real property acquired or held in contemplation of
such use.
{ + NOTE: + } Conforms syntax to legislative form and style.
SECTION 139. ORS 401.842 is amended to read:
401.842. A district shall constitute a municipal corporation of
this state, and a public body, corporate and politic, exercising
public power. Every district shall have power:
(1) To have and use a common seal.
(2) To sue and be sued { - by - } { + in + } its name.
(3) To make and accept any and all contracts, deeds, leases,
releases and documents of any kind which, in the judgment of the
board, are necessary or proper to the exercise of any power of
the district, and to direct the payment of all lawful claims or
demands.
(4) To assess, levy and collect taxes to pay the cost of
acquiring sites for and constructing, reconstructing, altering,
operating and maintaining a 9-1-1 emergency reporting system or
any lawful claims against the district, and the operating
expenses of the district.
(5) To employ all necessary agents and assistants.
(6) To call elections after the formation of the district.
(7) To enlarge the boundaries of the district as provided by
ORS 198.705 to 198.955.
(8) Generally to do and perform any and all acts necessary and
proper to the complete exercise and effect of any of its powers
or the purposes for which it was formed.
{ + NOTE: + } Corrects word choice in (2).
SECTION 140. ORS 406.030 is amended to read:
406.030. (1) The Director of Veterans' Affairs, in the
performance of the duties of the director, shall organize and
coordinate the administration of all present and future federal
and state laws pertaining to war veterans and their dependents in
this state. For such purpose the director may establish such
units or divisions as in the opinion of the director will enhance
the efficiency of the administration and promote the welfare of
war veterans and their dependents. Any unit or division so
established shall be directly responsible to the director and
shall be under the supervision of the director.
(2) The director, with the advice of the { + Advisory + }
Committee { + provided for in ORS 406.210 + }, shall promulgate
such rules and adopt such forms as the director considers
necessary and expedient to carry out the provisions of ORS
chapter 407 and ORS 88.710 to 88.740, 174.105, 406.010 to
406.090, 406.210 to 406.340, 406.410, 406.420, 408.010 to
408.090, 408.360, 408.365, 408.370, 408.375, 408.380 and 408.385.
{ + NOTE: + } Clarifies identity of committee in (2).
SECTION 141. ORS 408.365 is amended to read:
408.365. When the Oregon Veterans' Home is constructed, if it
becomes necessary to expend additional state moneys to pay for
the expenses of operating the Oregon Veterans' Home, moneys shall
not be appropriated from the General Fund for that purpose.
Moneys to pay for the expenses of operating the Oregon Veterans'
Home shall be appropriated only from the Oregon War Veterans'
Fund pursuant to section 1 { - (5) - } { + (1)(e) + },
Article XI-A, Oregon Constitution, or from a trust fund
established by the Director of Veterans' Affairs and consisting
of moneys donated to the trust fund for the purpose of paying for
the expenses of operating the Oregon Veterans' Home.
{ + NOTE: + } Corrects reference to Oregon Constitution. See
Ballot Measure 83 (2000).
SECTION 142. ORS 410.550 is amended to read:
410.550. (1) The Medicaid Long Term Care Quality and
Reimbursement Advisory Council is created, to consist of 12
members. Appointed members shall be residents of the State of
Oregon and representative of the geographic locations of all long
term care facilities and community-based care facilities in this
state. The members shall include:
(a) The Long Term Care Ombudsman, who shall serve as a standing
member of the council;
(b) A representative of the Governor's Commission on Senior
Services, to be appointed by the commission;
(c) A representative of the Oregon Disabilities Commission, to
be appointed by the commission;
(d) A representative of the Oregon Association of Area Agencies
on Aging { + and Disabilities + }, to be appointed by the
Governor;
(e) A representative of a senior or disabilities advocacy
organization or an individual who advocates on behalf of seniors
or persons with disabilities, to be appointed by the Governor;
(f) A nursing home administrator licensed under ORS 678.710 to
678.840 who has practiced continuously in Oregon in long term
care for three years immediately preceding appointment, to be
appointed by the Speaker of the House of Representatives;
(g) Two consumers of long term care facilities or
community-based care facilities or family members of such
residents, to be appointed by the Speaker of the House of
Representatives;
(h) A director of nurses of an Oregon long term care facility
who has practiced in this state in long term care for three years
preceding appointment, to be appointed by the Speaker of the
House of Representatives;
(i) A representative of an assisted living facility or a
residential care facility, to be appointed by the President of
the Senate;
(j) A representative of an adult foster home, to be appointed
by the President of the Senate; and
(k) An in-home care agency provider, to be appointed by the
President of the Senate.
(2) The term of office for each member appointed under this
section shall be three years or until a successor has been
appointed and qualified.
(3) Members of the council shall receive no compensation for
their services but unpaid volunteers not otherwise compensated
shall be allowed actual and necessary travel expenses incurred in
the performance of their duties.
(4) The council shall:
(a) Elect a chairperson from among its members and elect or
appoint a secretary, each of whom shall hold office for one year
or until successors are elected;
(b) Hold an annual meeting and hold other meetings at such
times and places as the Senior and Disabled Services Division or
the chairperson of the council may direct;
(c) Keep a record of its proceedings that is open to inspection
at all times; and
(d) Act in an advisory capacity to the Senior and Disabled
Services Division on matters pertaining to quality of long term
care facilities and community-based care facilities and
reimbursement for long term care services and community-based
care services.
{ + NOTE: + } Corrects official title in (1)(d).
SECTION 143. ORS 410.720 is amended to read:
410.720. (1) It is the policy of this state to provide for the
mental health needs of all Oregon senior citizens through a
comprehensive and coordinated statewide network of local senior
mental health services and alcohol and drug abuse education and
treatment. These services should involve family and friends and
be provided in the least restrictive and most appropriate
settings.
(2) In carrying out the provisions of subsection (1) of this
section, the Department of Human Services shall { - insure - }
{ + ensure + } that the Senior and Disabled Services Division,
in cooperation with the Mental Health and Developmental
Disability Services Division and the office of Alcohol and Drug
Abuse Programs,
{ - develop - } { + develops + } plans for service
coordination, { - negotiate - } { + negotiates + }
appropriate interagency agreements and { - recommend - } { +
recommends + } budget provisions for the delivery of needed
services.
{ + NOTE: + } Corrects grammar in (2).
SECTION 144. ORS 416.510 is amended to read:
416.510. As used in ORS 416.510 to 416.610, unless the context
requires otherwise:
(1) 'Action' means an action, suit or proceeding.
(2) 'Applicant' means an applicant for assistance.
(3) 'Assistance' means moneys paid by the Adult and Family
Services Division to persons directly and moneys paid by the
division to others for the benefit of such persons.
(4) 'Claim' means a claim of a recipient of assistance for
damages for personal injuries against any person or public body,
agency or commission other than the State Accident Insurance Fund
Corporation or Workers' Compensation Board.
(5) 'Compromise' means a compromise between a recipient and any
person or public body, agency or commission against whom the
recipient has a claim.
{ + (6) 'Division' means the Adult and Family Services
Division. + }
{ - (6) - } { + (7) + } 'Judgment' means a judgment in any
action or proceeding brought by a recipient to enforce the claim
of the recipient.
{ - (7) - } { + (8) + } 'Recipient' means a recipient of
assistance.
{ - (8) - } { + (9) + } 'Settlement' means a settlement
between a recipient and any person or public body, agency or
commission against whom the recipient has a claim.
{ - (9) 'Division' means the Adult and Family Services
Division. - }
{ + NOTE: + } Alphabetizes definitions.
SECTION 145. { + For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating 'this
Act' or 'this 1993 Act,' wherever they occur in sections 1, 2, 3,
5, 10, 14, 15, 16 and 30, chapter 676, Oregon Laws 1993, other
words designating 'ORS 417.705 to 417.790 and 419A.170' or other
expanded or amended series references as appropriate. + }
{ + NOTE: + } Grants Legislative Counsel authority to correct
certain series references.
SECTION 146. ORS 417.730 is amended to read:
417.730. (1) There is established a State Commission on
Children and Families consisting of:
(a) The Director of Human Services;
(b) The Superintendent of Public Instruction;
(c) One member appointed by the President of the Senate, who
shall be a member of the Senate and who shall be a nonvoting,
advisory member;
(d) One member appointed by the Speaker of the House of
Representatives, who shall be a member of the House of
Representatives and who shall be a nonvoting, advisory member;
and
(e) 12 members appointed by the Governor.
(2) The appointments made by the Governor shall reflect the
state's diverse populations and regions and shall include
representatives with expertise along the full developmental
continuum of a child from the prenatal stage through 18 years of
age. The members appointed by the Governor shall include:
(a) One representative from the Oregon Juvenile Department
{ - Director's - } { + Directors' + } Association, from which
the Governor may solicit suggestions for appointment;
(b) Six public members who have demonstrated interest in
children, with consideration given to a youth member and persons
from the education community;
(c) Two members from local commissions on children and
families, one from a rural area and one from an urban area;
(d) One social service professional; and
(e) Two members from the business community who have
demonstrated interest in children.
(3) The term of office of each member appointed by the Governor
is four years. Before the expiration of the term of an appointed
member, the Governor shall appoint a successor whose term begins
on October 1. An appointed member is eligible for reappointment.
If there is a vacancy in an appointed position for any cause, the
Governor shall make an appointment to become immediately
effective for the unexpired term.
(4) The appointments by the Governor to the state commission
are subject to confirmation by the Senate in the manner
prescribed in ORS 171.562 and 171.565.
(5) An appointed member of the state commission who is not a
member of the Legislative Assembly is entitled to compensation
and expenses as provided in ORS 292.495. Members who are members
of the Legislative Assembly shall be paid compensation and
expense reimbursement as provided in ORS 171.072, payable from
funds appropriated to the Legislative Assembly.
(6)(a) The majority of the members of the state commission
shall be laypersons.
(b) As used in this subsection, 'layperson' means a person
whose primary income is not derived from either offering direct
service to children and youth or being an administrator for a
program for children and youth.
{ + NOTE: + } Corrects official title in (2)(a).
SECTION 147. ORS 418.790 is amended to read:
418.790. Each application for funds to establish a regional
assessment center shall include:
(1) A description of how the services of the proposed regional
assessment center are to be delivered, including but not limited
to:
(a) A coordinated investigation of child abuse allegations;
(b) A child abuse medical assessment;
(c) A neutral, nonintrusive videotaped interview pursuant to
interviewing guidelines adopted by the Advisory Council on Child
Abuse Assessment;
(d) Mental health treatment or referral for mental health
treatment, if indicated as necessary by the assessments; and
(e) A complete written report of the assessment results.
(2) A description of any interagency agreements, as required by
ORS 418.747, with the State Office for Services to Children and
Families, local law enforcement agencies, other regional
assessment centers or other agencies involved in child abuse
cases.
(3) A description of procedures to be followed in the proposed
regional assessment center, including but not limited to:
(a) The contents, availability and distribution of written
reports for each assessment;
(b) The availability of regional assessment center staff to
testify in cases involving alleged abuse of children evaluated by
the assessment center or service;
(c) Coordination with child witness programs and other child
advocacy groups; and
(d) The level of support available to the regional assessment
center through in-kind contributions from the community.
(4) Evidence indicating that the applicant has state-of-the-art
equipment and adequately trained staff to perform child abuse
medical assessments and interviews, including but not limited to:
(a) A medical examiner who is trained in the evaluation,
diagnosis and treatment of child abuse and who is a physician
licensed to practice medicine in Oregon by the Board of Medical
Examiners for the State of Oregon; and
(b) An interviewer who has an advanced academic degree in human
services or who has comparable training and experience.
(5) A description of where the regional assessment center is to
be located, including but not limited to a hospital, medical
clinic or other appropriate public or private entity. However,
the proposed center shall not be located in an office of the
State Office for Services to Children and Families or in the
office of any law enforcement agency.
(6) If the applicant is to receive funding as a regional
assessment center { - , the application shall also include - } :
(a) Evidence of the region to be served and that the center is
to be located so as to be reasonably accessible to community
assessment services in the region; and
(b) Evidence that the applicant has a sufficiently trained
staff to provide education, training, consultation, technical
assistance and referral services for community assessment
services in the region.
{ + NOTE: + } Eliminates redundant redundancy in (6).
SECTION 148. ORS 419B.005 is amended to read:
419B.005. As used in ORS 418.747, 418.748, 418.749 and 419B.005
to 419B.050, unless the context requires otherwise:
(1)(a) 'Abuse' means:
(A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
(B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
(C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
defined in ORS chapter 163.
(D) Sexual abuse, as defined in ORS chapter 163.
(E) Sexual exploitation, including but not limited to:
(i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; and
(ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.
(F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
(G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
(H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
(b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
(2) 'Child' means an unmarried person who is under 18 years of
age.
(3) 'Public or private official' means:
(a) Physician, including any intern or resident.
(b) Dentist.
(c) School employee.
(d) Licensed practical nurse or registered nurse.
(e) Employee of the Department of Human Services, State
Commission on Children and Families, Child Care Division of the
Employment Department, the Oregon Youth Authority, a county
health department, a community mental health and developmental
disabilities program, a county juvenile department, a licensed
child-caring agency or an alcohol and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) { - Clergyman - } { + Member of the clergy + }.
(i) Licensed clinical social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Naturopathic physician.
(o) Licensed professional counselor.
(p) Licensed marriage and family therapist.
(q) Firefighter or emergency medical technician.
(r) A court appointed special advocate, as defined in ORS
419A.004.
(s) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(4) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) A county juvenile department.
{ + NOTE: + } Eliminates gender-specific language in (3)(h).
SECTION 149. ORS 419B.010 is amended to read:
419B.010. (1) Any public or private official having reasonable
cause to believe that any child with whom the official comes in
contact has suffered abuse or that any person with whom the
official comes in contact has abused a child shall immediately
report or cause a report to be made in the manner required in ORS
419B.015. Nothing contained in ORS 40.225 to 40.295 shall affect
the duty to report imposed by this section, except that a
psychiatrist, psychologist, { - clergyman - } { + member of
the clergy + } or attorney shall not be required to report such
information communicated by a person if the communication is
privileged under ORS 40.225 to 40.295.
(2) A person who violates subsection (1) of this section
commits a Class A violation. Prosecution under this subsection
shall be commenced at any time within 18 months after commission
of the offense.
{ + NOTE: + } Eliminates gender-specific language in (1).
SECTION 150. ORS 419B.050 is amended to read:
419B.050. (1) Upon notice by either a law enforcement agency or
the State Office for Services to Children and Families that a
child abuse investigation is being conducted under ORS 419B.020,
a health care provider may permit the law enforcement agency or
the office to inspect and copy medical records, including, but
not limited to, prenatal and birth records, of the child involved
in the investigation without the consent of the child, or the
parent or guardian of the child. A health care provider who in
good faith disclosed medical records under this section is not
civilly or criminally liable for the disclosure.
(2)(a) As used in this section, 'health care provider ' means a
person licensed by one of the following agencies, or any employee
of a person licensed by one of the following agencies:
(A) State Board of Examiners for Speech-Language Pathology and
Audiology;
(B) State Board of Chiropractic Examiners;
(C) State Board of Clinical Social Workers;
(D) Oregon Board of Licensed Professional Counselors and
Therapists;
(E) Oregon Board of Dentistry;
(F) State Board of Denture Technology;
(G) Board of Examiners of Licensed Dietitians;
(H) State Board of Massage Therapists;
(I) State Mortuary and Cemetery Board;
(J) Board of Naturopathic Examiners;
(K) Oregon State Board of Nursing;
(L) Board of Examiners of Nursing Home Administrators;
(M) Oregon Board of Optometry;
(N) State Board of Pharmacy;
(O) Board of Medical Examiners;
(P) Occupational Therapy Licensing Board;
(Q) Physical Therapist Licensing Board;
(R) State Board of Psychologist Examiners; or
(S) Board of Radiologic Technology.
(b) For the purposes of this section, 'health care provider'
includes a health care facility { - described - } { + as
defined + } in ORS 442.015 { - (14) - } and emergency medical
technicians certified by the Health Division.
{ + NOTE: + } Corrects word choice and deletes unnecessary
subsection reference in (2)(b). See amendments to 442.015 by
section 181.
SECTION 151. ORS 419B.320 is amended to read:
419B.320. Witnesses subpoenaed to give testimony shall receive
the same fees as are paid in criminal cases. Except as provided
by this { - subsection - } { + section + }, responsibility
for the per diem and mileage fees of any witness, and travel
expenses if so ordered by the court, shall be borne by the party
who subpoenas the witness or requests the court to subpoena the
witness. If the witness was subpoenaed to appear on behalf of the
State Office for Services to Children and Families,
responsibility for per diem, mileage fees and travel expenses
shall be borne by the county. If the witness was subpoenaed by
more than one party, the witness shall be paid by the party who
first subpoenas the witness. The court may then, thereafter,
order that the costs be distributed equally among all parties who
subpoenaed the witness and that the original payor of the costs
be reimbursed accordingly. When the witness has been subpoenaed
on behalf of an indigent party who is represented by
court-appointed counsel, the fees and costs allowed for that
witness shall be paid pursuant to ORS 135.055.
{ + NOTE: + } Corrects internal reference in second sentence.
SECTION 152. ORS 426.385 is amended to read:
426.385. (1) Every mentally ill person committed to the Mental
Health and Developmental Disability Services Division shall have
the right to:
(a) Communicate freely in person and by reasonable access to
telephones;
(b) Send and receive sealed mail, except that this right may be
limited for security reasons in state institutions as described
in ORS 426.010;
(c) Wear the clothing of the person;
(d) Keep personal possessions, including toilet articles;
(e) Religious freedom;
(f) A private storage area with free access thereto;
(g) Be furnished with a reasonable supply of writing materials
and stamps;
(h) A written treatment plan, kept current with the progress of
the person;
(i) Be represented by counsel whenever the substantial rights
of the person may be affected;
(j) Petition for a writ of habeas corpus;
(k) Not be required to perform routine labor tasks of the
facility except those essential for treatment;
(L) Be given reasonable compensation for all work performed
other than personal housekeeping duties;
(m) Such other rights as may be specified by rule; and
(n) Exercise all civil rights in the same manner and with the
same effect as one not admitted to the facility, including, but
not limited to, the right to dispose of real property, execute
instruments, make purchases, enter contractual relationships, and
vote, unless the person has been adjudicated incompetent and has
not been restored to legal capacity. Disposal of personal
property in possession of the person in a state institution
described in ORS 426.010 is subject to limitation for security
reasons.
(2)(a) A person must be immediately informed, verbally and in
writing, of any limitation:
(A) Of the right to send or receive sealed mail under
subsection (1)(b) of this section; or
(B) Regarding the disposal of personal property under
subsection (1)(n) of this section.
(b) Any limitation under this subsection and the reasons for
the limitation must be stated in the person's written treatment
plan.
(c) The person has the right to challenge any limitation under
this subsection pursuant to rules adopted by the division. The
person must be informed, verbally and in writing, of this right.
(3) Mentally ill persons committed to the division shall have
the right to be free from potentially unusual or hazardous
treatment procedures, including convulsive therapy, unless they
have given their express and informed consent or authorized the
treatment pursuant to ORS 127.700 to { - 127.736 - } { +
127.737 + }. This right may be denied to such persons for good
cause as defined in administrative rule only by the director of
the facility in which the person is confined, but only after
consultation with and approval of an independent examining
physician. Any denial shall be entered into the patient's
treatment record and shall include the reasons for the denial. No
patient shall be subjected to psychosurgery, as defined in ORS
677.190 (22)(b).
(4) Mechanical restraints shall not be applied to a person
admitted to a facility unless it is determined by the chief
medical officer of the facility or designee to be required by the
medical needs of the person. Every use of a mechanical restraint
and the reasons therefor shall be made a part of the clinical
record of the person over the signature of the chief medical
officer of the facility or designee.
(5) Nothing in this section prevents the division from acting
to exclude contraband from its facilities and to prevent
possession or use of contraband in its facilities.
(6) As used in this section:
(a) 'Contraband' has the meaning given that term in ORS
162.135.
(b) 'Security reasons' means the protection of the mentally ill
person from serious and immediate harm and the protection of
others from threats or harassment as defined by rule of the
division.
{ + NOTE: + } Corrects series reference in (3).
SECTION 153. ORS 427.215 is amended to read:
427.215. As used in ORS { - 427.020, 427.031, - } 427.061
{ - , 427.112 - } and 427.235 to 427.290, unless the context
requires otherwise, 'mentally retarded person' applies only to a
person who, because of mental retardation, is or is alleged to be
either:
(1) Dangerous to self or others; or
(2) Unable to provide for basic personal needs and not
receiving care as is necessary for the health, safety or
habilitation of the person.
{ + NOTE: + } Deletes incorrect ORS references in lead-in.
SECTION 154. ORS 432.500 is amended to read:
432.500. As used in ORS 432.510 to 432.550 and 432.900:
(1) 'Division' means the Health Division of the Department of
Human Services or its authorized representative.
(2) 'Health care facility' { - has the meaning given that
term - } { + means a hospital, as defined in ORS 442.015 (19),
or an ambulatory surgical center, as defined + } in ORS 442.015
{ - (14)(a) and (c) - } .
(3) 'Practitioner' means any person whose professional license
allows the person to diagnose or treat cancer in patients.
{ + NOTE: + } Corrects terminology and ORS reference in (2).
See amendments to 442.015 by section 181.
SECTION 155. ORS 433.010 is amended to read:
433.010. (1) No person shall willfully cause the spread of any
communicable disease within this state.
(2) Whenever Oregon Revised Statutes require a person to secure
a health certificate, such certificate shall be acquired from a
physician licensed by the Board of Medical Examiners for the
State of Oregon or the { - Naturopathic - } Board of
{ + Naturopathic + } Examiners in accordance with the rules of
the Health Division.
{ + NOTE: + } Corrects official title in (2).
SECTION 156. ORS 433.390 is amended to read:
433.390. (1) All moneys received by a county under ORS 433.340
to 433.390 and 433.990 { - (6) - } { + (5) + } shall be paid
to the county dog control fund.
(2) The governing body of the county may, in the event of a
rabies outbreak within the county, use such portion of the dog
control fund as it deems necessary to purchase rabies vaccine for
administration to animals under the direction of the state and
local health officers.
{ + NOTE: + } Corrects subsection reference in (1). See
amendments to 433.990 by section 166.
SECTION 157. ORS 433.735 is amended to read:
433.735. As used in ORS 433.735 to 433.770 and 433.990
{ - (7) - } { + (6) + }:
(1) 'Outdoor mass gathering,' unless otherwise defined by
county ordinance, means an actual or reasonably anticipated
assembly of more than 3,000 persons which continues or can
reasonably be expected to continue for more than 24 consecutive
hours but less than 120 hours within any three-month period and
which is held primarily in open spaces and not in any permanent
structure.
(2) 'Organizer' includes any person who holds, stages or
sponsors an outdoor mass gathering and the owner, lessee or
possessor of the real property upon which the outdoor mass
gathering is to take place.
(3) 'Permanent structure' includes a stadium, an arena, an
auditorium, a coliseum, a fairgrounds or other similar
established places for assemblies.
(4) 'Temporary structure' includes tents, trailers, chemical
toilet facilities and other structures customarily erected or
sited for temporary use.
{ + NOTE: + } Corrects subsection reference in lead-in. See
amendments to 433.990 by section 166.
SECTION 158. ORS 433.755 is amended to read:
433.755. (1) In reviewing an application for a permit to hold
an outdoor mass gathering, the county governing body may require
such plans, specifications and reports as it may deem necessary
for proper review and it may request and shall receive from all
public officers, departments and agencies of the state and its
political subdivisions such cooperation and assistance as it may
deem necessary. If the county governing body determines upon
examination of the permit application that the outdoor mass
gathering creates a potential for injury to persons or property,
the county governing body may require organizers to obtain an
insurance policy in an amount commensurate with the risk, but not
exceeding $1 million. The policy of casualty insurance shall
provide coverage against liability for death, injury or
disability of any human or for damage to property arising out of
the outdoor mass gathering. The county shall be named as an
additional insured under the policy.
(2) In the event of failure to remove all debris or residue and
repair any damage to personal or real property arising out of the
outdoor mass gathering within 72 hours after its termination and
to remove any temporary structures used at the outdoor mass
gathering within three weeks after its termination, the county
governing body may file suit against the organizer for financial
settlement as is needed to remove debris, residue or temporary
structures and to repair such damage to real or personal property
of persons not attending the outdoor mass gathering. The
organizer shall be wholly responsible for payment of any fines
imposed under ORS 433.990 { - (7) - } { + (6) + }.
{ + NOTE: + } Corrects subsection reference in (2). See
amendments to 433.990 by section 166.
SECTION 159. ORS 433.765 is amended to read:
433.765. Ordinances or regulations of a county enacted under a
county charter adopted pursuant to section 10, Article VI, Oregon
Constitution, and not inconsistent with ORS 433.735 to 433.770
and 433.990 { - (7) - } { + (6) + } or any rules adopted
under ORS 433.735 to 433.770 and 433.990 { - (7) - } { +
(6) + }, are not superseded by ORS 433.735 to 433.770 and 433.990
{ - (7) - } { + (6) + } or such rules. Nothing in ORS 433.735
to 433.770 and 433.990 { - (7) - } { + (6) + } or any rules
adopted under ORS 433.735 to 433.770 and 433.990 { - (7) - }
{ + (6) + } precludes the right of a county to enact ordinances
or regulations under a county charter if such ordinances or
regulations are not inconsistent with ORS 433.735 to 433.770 and
433.990 { - (7) - } { + (6) + } or any rules adopted under
ORS 433.735 to 433.770 and 433.990 { - (7) - } { + (6) + }.
{ + NOTE: + } Corrects subsection references. See amendments
to 433.990 by section 166.
SECTION 160. ORS 433.767 is amended to read:
433.767. ORS 433.735 to 433.770 and 433.990 { - (7) - }
{ + (6) + } apply to outdoor mass gatherings defined by county
ordinance as well as to those defined by ORS 433.735 (1).
{ + NOTE: + } Corrects subsection reference. See amendments
to 433.990 by section 166.
SECTION 161. ORS 433.850 is amended to read:
433.850. (1) Pursuant to rules adopted by the Health Division,
a proprietor or person in charge of a public place may designate
areas in which smoking is permitted.
(2) No public place may be designated in its entirety as a
smoking area except:
(a) Cocktail lounges and taverns.
(b) Enclosed offices or rooms occupied exclusively by smokers,
even though the offices or rooms may be visited by nonsmokers.
(c) Rooms or halls being used for private social functions
where the seating arrangements are under the control of the
sponsor of the function.
(d) Retail businesses primarily engaged in the sale of tobacco
or tobacco products.
(e) Restaurants with seating capacity for 30 or fewer patrons
or restaurants with air filtration systems meeting the standards
established pursuant to ORS 433.855.
(3) Notwithstanding any other provisions of ORS 433.835 to
433.875 and 433.990 { - (5) - } { + (4) + }, in the case of
restaurants, as defined in ORS 624.010, or bowling centers,
nothing in ORS 433.835 to 433.875 and 433.990 { - (5) - }
{ + (4) + } is intended to prevent the owner or person in charge
from expanding or contracting the size of the smoking area to
meet the requirements of patrons.
(4) The proprietor or person in charge of a public place,
except places described in subsection (2) of this section, shall
post appropriate signs.
{ + NOTE: + } Corrects subsection references in (3). See
amendments to 433.990 by section 166.
SECTION 162. ORS 433.855 is amended to read:
433.855. (1) The Health Division, in accordance with the
provisions of ORS 183.310 to 183.550:
(a) Shall adopt rules necessary to implement the provisions of
ORS 433.835 to 433.875 and 433.990 { - (5) - } { + (4) + };
(b) Shall be responsible for compliance with such rules; and
(c) May impose a civil penalty not to exceed the amount
specified in ORS 433.990 { - (5) - } { + (4) + } for each
violation of a rule of the division applicable to ORS 433.850 (2)
or (4), to be collected in the manner provided in ORS 441.705 to
441.745. All penalties recovered shall be paid into the State
Treasury and credited to the General Fund.
(2) In carrying out its duties under this section, the Health
Division is not authorized to require any changes in ventilation
or barriers in any public place. However, nothing in this
subsection is intended to limit the authority of the division to
impose any requirements under any other provision of law.
(3) In public places which the Health Division regularly
inspects, the Health Division shall check for compliance with the
provisions of ORS 433.835 to 433.875 and 433.990 { - (5) - }
{ + (4) + }. In other public places, the Health Division shall
respond in writing or orally by telephone to complaints,
notifying the proprietor or person in charge of responsibilities
of the proprietor or person in charge under ORS 433.835 to
433.875 and 433.990 { - (5) - } { + (4) + }. If repeated
complaints are received, the Health Division may take appropriate
action to insure compliance.
(4) When a county has received delegation of the duties and
responsibilities under ORS 446.425, 448.100 and 624.510, or
contracted with the Health Division under ORS 190.110, the county
shall be responsible for enforcing the provisions of ORS 433.835
to 433.875 and 433.990 { - (5) - } { + (4) + } that are
applicable to those licensed facilities and shall have the same
authority as the Health Division for such enforcement.
{ + NOTE: + } Corrects subsection references in (1)(a),
(1)(c), (3) and (4). See amendments to 433.990 by section 166.
SECTION 163. ORS 433.865 is amended to read:
433.865. Upon request, the Health Division may waive the
provisions of ORS 433.835 to 433.875 and 433.990 { - (5) - }
{ + (4) + } for any public place if it determines that:
(1) There are valid reasons to do so; and
(2) A waiver will not significantly affect the health and
comfort of nonsmokers.
{ + NOTE: + } Corrects subsection reference in lead-in. See
amendments to 433.990 by section 166.
SECTION 164. ORS 433.870 is amended to read:
433.870. The regulations authorized by ORS 433.835 to 433.875
and 433.990 { - (5) - } { + (4) + } are in addition to and
not in lieu of any other law regulating smoking.
{ + NOTE: + } Corrects subsection reference. See amendments
to 433.990 by section 166.
SECTION 165. ORS 433.875 is amended to read:
433.875. ORS 433.835 to 433.875 and 433.990 { - (5) - }
{ + (4) + } shall be cited as the Oregon Indoor Clean Air Act.
{ + NOTE: + } Corrects subsection reference. See amendments
to 433.990 by section 166.
SECTION 166. ORS 433.990 is amended to read:
433.990. (1) Violation of ORS 433.004 or 433.008, 433.255,
433.260 or 433.715 is a Class A misdemeanor.
(2) Violation of ORS 433.010 is punishable, upon conviction, by
imprisonment in the custody of the Department of Corrections for
not more than three years.
{ - (3) Violation of ORS 603.059 is a Class D violation. If
the nuisance is not removed within five days after the first
offense, it is considered a second offense and every like neglect
of each succeeding five days thereafter is considered an
additional offense. - }
{ - (4) - } { + (3) + } Violation of ORS 433.035 is
punishable upon conviction by a fine of not less than $10 nor
more than $100, or by imprisonment for not less than 10 days nor
more than 30 days, or by both.
{ - (5) - } { + (4) + } Violation of ORS 433.850 (2) or (4)
is a Class D violation punishable by fines totaling not more than
$100 in any 30-day period.
{ - (6) - } { + (5) + } Violation of ORS 433.345 or 433.365
or failure to obey any lawful order of the Assistant Director for
Health issued under ORS 433.350 is a misdemeanor.
{ - (7) - } { + (6) + } Any organizer, as defined in ORS
433.735, violating ORS 433.745 is punishable, upon conviction, by
a fine of not more than $10,000.
{ + NOTE: + } Deletes redundant provision. See section 237,
which adds identical provision to ORS 603.992.
SECTION 167. { + ORS 437.005 is repealed. + }
{ + NOTE: + } Deletes unnecessary provision.
SECTION 168. ORS 438.010 is amended to read:
438.010. As used in ORS 438.010 to 438.510 { - and
438.990 - } , unless the context requires otherwise:
(1) 'Clinical laboratory' or 'laboratory' means a facility
where the microbiological, serological, chemical, hematological,
immunohematological, immunological, toxicological, cytogenetical,
exfoliative cytological, histological, pathological or other
examinations are performed on materials derived from the human
body, for the purpose of diagnosis, prevention of disease or
treatment of patients by physicians, dentists and other persons
who are authorized by license to diagnose or treat humans.
(2) 'Clinical laboratory specialty' or 'laboratory specialty'
means the examination of materials derived from the human body
for the purpose of diagnosis and treatment of patients or
assessment of health, employing one of the following sciences:
Serology, microbiology, chemistry, hematology, immunohematology,
immunology, toxicology, cytogenetics, exfoliative cytology,
histology or pathology.
(3) 'Clinician' means a nurse practitioner licensed and
certified by the Oregon State Board of Nursing, or a physician
assistant licensed by the Board of Medical Examiners for the
State of Oregon.
(4) 'Custody chain' means the handling of specimens in a way
that supports legal testimony to prove that the sample integrity
and identification of the sample have not been violated, as well
as the documentation describing those procedures from specimen
collection to the final report.
(5) 'Dentist' means a person licensed to practice dentistry by
the Oregon Board of Dentistry.
(6) 'Director of clinical laboratory' or 'director' means the
person who plans, organizes, directs and participates in any or
all of the technical operations of a clinical laboratory,
including but not limited to reviewing laboratory procedures and
their results, training and supervising laboratory personnel, and
evaluating the technical competency of such personnel.
(7) 'Division' means the Health Division of the Department of
Human Services.
(8) 'Health screen testing' means tests performed for the
purpose of identifying health risks, providing health information
and referring the person being tested to medical care.
(9) 'High complexity laboratory' means a facility that performs
testing classified as highly complex in the specialties of
microbiology, chemistry, hematology, diagnostic immunology,
immunohematology, clinical cytogenetics, cytology,
histopathology, oral pathology, pathology, radiobioassay and
histocompatibility and that may also perform moderate complexity
tests and waived tests.
(10) 'High complexity test' means a procedure performed on
materials derived from the human body that meet the criteria for
this category of testing in the specialties of microbiology,
chemistry, hematology, immunohematology, diagnostic immunology,
clinical cytogenetics, cytology, histopathology, oral pathology,
pathology, radiobioassay and histocompatibility as established by
the division.
(11) 'Laboratory evaluation system' means a system of testing
clinical laboratory methods, procedures and proficiency by
periodic performance and reporting on test specimens submitted
for examination.
(12) 'Moderate complexity laboratory' means a facility that
performs testing classified as moderately complex in the
specialties of microbiology, hematology, chemistry,
immunohematology or diagnostic immunology and may also perform
any waived test.
(13) 'Moderate complexity test' means a procedure performed on
materials derived from the human body that meet the criteria for
this category of testing in the specialties of microbiology,
hematology, chemistry, immunohematology or diagnostic immunology
as established by the division.
(14) 'Operator of a substances of abuse on-site screening
facility' or 'operator' means the person who plans, organizes,
directs and participates in any or all of the technical and
administrative operations of a substances of abuse on-site
screening facility.
(15) 'Owner of a clinical laboratory' means the person who owns
the clinical laboratory, or a county or municipality operating a
clinical laboratory or the owner of any institution operating a
clinical laboratory.
(16) 'Physician' means a person licensed to practice medicine
by the Board of Medical Examiners for the State of Oregon.
(17) 'Physician performed microscopy procedure' means a test
personally performed by a physician or other clinician during a
patient's visit on a specimen obtained during the examination of
the patient.
(18) 'Physician performed microscopy procedures' means a
limited group of tests that are performed only by a physician or
clinician.
(19) 'Specimen' means materials derived from a human being or
body.
(20) 'Substances of abuse' means ethanol and controlled
substances, except those used as allowed by law and as defined in
ORS chapter 475 or as used in ORS 689.005.
(21) 'Substances of abuse on-site screening facility' or '
on-site facility' means a location where on-site tests are
performed on specimens for the purpose of screening for the
detection of substances of abuse.
(22) 'Substances of abuse on-site screening test' or ' on-site
test' means a substances of abuse test that is easily portable
and can meet the requirements of the federal Food and Drug
Administration for commercial distribution or an alcohol
screening test that meets the requirements of the conforming
products list found in the United States Department of
Transportation National Highway Traffic Safety Administration
Docket No. 94-004 and meets the standards of the United States
Department of Transportation Alcohol Testing Procedure, 49
C.F.R. part 40, in effect on October 23, 1999.
(23) 'Waived test' means a procedure performed on materials
derived from the human body that meet the criteria for this
category of testing as established by the division.
{ + NOTE: + } Deletes unnecessary ORS reference in lead-in.
SECTION 169. ORS 438.030 is amended to read:
438.030. It shall be the declarative purpose of ORS 438.010 to
438.510 { - and 438.990 - } to { - insure - }
{ + ensure + } the quality of medical laboratory work in order
to protect the health and welfare of the people of the State of
Oregon by establishing a regulatory program for clinical
laboratories.
{ + NOTE: + } Deletes unnecessary ORS reference; corrects
word choice.
SECTION 170. ORS 438.050 is amended to read:
438.050. (1) ORS 438.010 to 438.510 { - and 438.990 - }
apply to all clinical laboratories and laboratory personnel
within the State of Oregon, except:
(a) Clinical laboratories operated by the United States
Government.
(b) Clinical laboratories operated and maintained purely for
research or teaching purposes, and that involve no patient or
public health services.
(2) Nothing in ORS 438.010 to 438.510 { - and 438.990 - } is
intended to confer on any licensed practitioner of the healing
arts any authority the practitioner would not otherwise possess
under the license.
{ + NOTE: + } Deletes unnecessary ORS references in (1) and
(2).
SECTION 171. ORS 438.110 is amended to read:
438.110. (1) The Health Division shall establish four levels of
laboratory licenses as follows:
(a) A high complexity laboratory license;
(b) A moderate complexity laboratory license;
(c) A physician performed microscopy laboratory license; and
(d) A waived laboratory license.
(2) The division shall issue and renew licenses required under
ORS 438.040 for any or all clinical laboratory specialties to the
owners of clinical laboratories who demonstrate to the
satisfaction of the division that:
(a) The clinical laboratory is in compliance with ORS 438.010
to 438.510 { - and 438.990 - } and the rules of the division
adopted under ORS 438.450;
(b) The laboratory is adequately equipped to perform
proficiently within the scope of its license;
(c) The clinical laboratory has facilities for retaining and
does retain complete laboratory records for an appropriate length
of time as the division by rule may require; and
(d) The clinical laboratory meets the standards of the division
for safety, sanitary conditions, plumbing, ventilation, handling
of specimens, maintenance of equipment and requirements of
general hygiene to insure protection of the public health.
{ + NOTE: + } Deletes unnecessary ORS reference in (2)(a).
SECTION 172. ORS 438.160 is amended to read:
438.160. Subject to ORS 183.310 to 183.550, the Health Division
may refuse to issue or renew the license, or may suspend or
revoke the license or health screen testing permit, of a clinical
laboratory if it finds that the owner or director has:
(1) Intentionally made false statements on an application for a
clinical laboratory license or any other documents required by
the Health Division, or made any misrepresentation in seeking to
obtain or retain a license.
(2) Demonstrated incompetence as defined pursuant to
regulations promulgated after public hearing.
(3) Intentionally falsified any report.
(4) Referred a specimen for examination to a nonlicensed or an
unlicensed clinical laboratory in this state unless the
laboratory is exempt from the application of ORS 438.010 to
438.510 { - and 438.990 - } .
(5) Misrepresented the scope of laboratory service offered by
the clinical laboratory or the clinical laboratory specialties
authorized by the license.
(6) Rendered a report on clinical laboratory work actually
performed in another clinical laboratory without designating the
name and address of the clinical laboratory in which the test was
performed.
(7) Knowingly had professional connection with or permitted the
use of the name of the licensed clinical laboratory or its
director by a clinical laboratory that is required to but has not
obtained a license.
(8) Failed to perform or cause to be performed within the time
specified analysis of test samples as authorized by ORS 438.320,
or failed to report on the results of such analysis within the
specified time.
(9) Failed to permit within a reasonable time the entry or
inspection authorized by ORS 438.310.
(10) Failed to continue to meet requirements of ORS 438.110 and
438.120.
(11) Violated any provision of ORS 438.010 to 438.510 { - and
438.990 - } .
{ + NOTE: + } Deletes unnecessary ORS references in (4) and
(11).
SECTION 173. ORS 438.310 is amended to read:
438.310. (1) The Health Division or its authorized
representative may:
(a) At reasonable times enter the premises of a clinical
laboratory licensed or subject to being licensed under ORS
438.010 to 438.510 { - and 438.990 - } to inspect the
facilities, methods, procedures, materials, staff, equipment,
laboratory results and records of the clinical laboratory.
(b) Require the owner or director to submit reports on the
operations and procedures of the laboratory.
(c) Require the owner or director to submit initial laboratory
findings indicative of communicable disease as defined by law or
by rule. Each report shall include the name of the person from
whom the specimen was obtained, if the name was reported to the
laboratory, and the name and address of the physician for whom
such examination or test was made. Such reports shall not be
construed as constituting a diagnosis nor shall any laboratory
making such report be held liable under the laws of this state
for having violated a trust or confidential relationship.
(2) The Assistant Director for Health or a designee, the
division, or any employee thereof, shall not disclose information
contained in reports on communicable diseases submitted to the
division under subsection (1) of this section except as such
information is made available to employees of the division and to
local health officers for purposes of administering the public
health laws of this state. However, information contained in such
reports may be used in compiling statistical and other data in
which persons are not identified by name or otherwise.
(3) The division shall by rule set standards for the
recognition of private laboratory accrediting organizations whose
standards meet or exceed federal standards. A laboratory that is
accredited by a private laboratory accrediting organization
recognized by the Health Division under this section may submit
proof of such accreditation to the Health Division. Upon receipt
of such proof, the Health Division shall issue a license pursuant
to ORS 438.130.
{ + NOTE: + } Deletes unnecessary ORS reference in (1)(a).
SECTION 174. ORS 438.430 is amended to read:
438.430. (1) Except as otherwise provided in ORS 438.010 to
438.510 { - and 438.990 - } , a clinical laboratory shall
examine specimens only at the request of a physician, dentist, or
other person authorized by law to use the findings of laboratory
examinations.
(2) No person shall report the result of any test, examination,
or analysis of a specimen submitted for evidence of human disease
except to a physician, dentist, their agents, or other person
authorized by law to employ the results thereof in the conduct of
a practice or in the fulfillment of official duties. Reports
shall not be issued to the patient concerned except with the
consent of the physician or other authorized person.
{ + NOTE: + } Deletes unnecessary ORS reference in (1).
SECTION 175. ORS 438.435 is amended to read:
438.435. (1) In addition to duties which a clinical laboratory
may perform under ORS 438.010 to 438.510 { - and 438.990 - } ,
a laboratory is authorized to perform appropriate tests,
examinations or analyses on materials derived from the human body
for the purpose of detecting substances of abuse in the body. All
laboratories performing the tests, examinations or analyses must
be licensed under the provisions of ORS 438.010 to 438.510
{ - and 438.990 - } and must employ qualified technical
personnel to perform the tests, examinations and analyses.
(2) In order to perform such tests, examinations or analyses,
the laboratory may examine specimens submitted by persons other
than those described in ORS 438.430 (1) and shall report the
result of any test, examination or analysis to the person who
submitted the specimen. When the substance of abuse test is for
nonmedical employment or pre-employment purposes, and a written
request is provided, the test result shall be reported to the
person from whom the specimen was originally obtained.
(3) When the specimen of a person tested for substances of
abuse is submitted to the laboratory and the test result is
positive, the laboratory shall perform a confirming test which
has been designated by rule of the Health Division as the best
available technology for use to determine whether or not the
substance of abuse identified by the first test is present in the
specimen prior to reporting the test results.
(4) The Health Division by rule shall set standards for special
category laboratories that engage only in the initial testing for
substances of abuse in the body, including registration
procedures for such laboratories and personnel.
(5) The operator of a substances of abuse on-site screening
facility may use substances of abuse on-site screening tests if
the test results are not for use in diagnosing or preventing
disease and are not for use by physicians, dentists or other
licensed health care professionals in treating humans. Any entity
using the test shall pay a yearly filing fee, not to exceed $50,
and file a registration form as provided by rule of the Health
Division of the Department of Human Services that:
(a) States the current name and address of the entity, the
telephone number of the entity, if any, and the name of a contact
individual at each on-site facility operated by the entity; and
(b) Certifies that:
(A) The tests are being administered according to the federal
Food and Drug Administration package insert that accompanies the
test;
(B) The tests are being administered according to the
instructions of the manufacturer;
(C) Custody chain procedures are being followed;
(D) Operators of the substances of abuse on-site screening
facility are trained in the use of the substances of abuse
on-site screening tests by the manufacturer; and
(E) If the substances of abuse on-site screening facility
obtains a positive test result on a specimen and the entity
indicates that the test result is to be used to deny or deprive
any person of employment or any benefit, or may otherwise result
in adverse employment action, the same specimen shall be
submitted to a clinical laboratory licensed under ORS 438.110 and
438.150 or an equivalent out-of-state facility and the presence
of a substance of abuse confirmed prior to release of the on-site
test result.
(6) The Health Division by rule shall set reasonable standards
for the screening by correctional agencies of inmates within
state and local correctional facilities and offenders on parole,
probation or post-prison supervision for substances of abuse. The
standards shall include, but not be limited to, the establishment
of written procedures and protocols, the qualifications and
training of individuals who perform screening tests, the approval
of specific technologies and the minimum requirements for record
keeping, quality control and confirmation of positive screening
results.
(7) If an initial test by a special category laboratory under
subsection (4) of this section or a special category screening
under subsection (6) of this section shows a result indicating
the presence of a substance of abuse in the body, a confirmatory
test shall be conducted in a licensed clinical laboratory if the
results are to be used to deprive or deny any person of any
employment or benefit. If a screening test of an inmate of a
state or local correctional facility is positive for a substance
of abuse, the inmate may be held in a secure facility pending the
outcome of the confirmatory test. If the confirmatory test is
positive, the inmate may be held in a secure facility pending the
outcome of any hearing to determine what action will be taken.
(8) If any test for substances of abuse is performed outside
this state the results of which are to be used to deprive or deny
any person any employment or any benefit, the person desiring to
use the test shall have the burden to show that the testing
procedure used meets or exceeds the testing standards of this
state.
{ + NOTE: + } Deletes unnecessary ORS references in (1).
SECTION 176. ORS 438.450 is amended to read:
438.450. The Health Division shall make such rules as are
necessary for carrying out ORS 438.010 to 438.510 { - and
438.990 - } in accordance with ORS 183.330.
{ + NOTE: + } Deletes unnecessary ORS reference.
SECTION 177. ORS 438.510 is amended to read:
438.510. It is unlawful for the owner of a clinical laboratory
or the director of a clinical laboratory to:
(1) Operate or maintain a clinical laboratory unless the
laboratory is under personal supervision of a director who is
qualified to supervise the laboratory.
(2) Violate any provision of ORS 438.010 to 438.510 { - and
438.990 - } .
{ + NOTE: + } Deletes unnecessary ORS reference in (2).
SECTION 178. ORS 441.060 is amended to read:
441.060. (1) The Health Division or the Senior and Disabled
Services Division shall make or cause to be made such inspections
as it may deem necessary.
(2) The { - office of the Director - } { + Department + }
of Human Services may prescribe by rule that any licensee or
prospective applicant desiring to make specified types of
alteration or addition to its facilities or to construct new
facilities shall, before commencing such alteration, addition or
new construction, either prior to or after receiving a
certificate of need pursuant to ORS 442.340 (1987 Replacement
Part), if required, submit plans and specifications therefor to
the { - state agency as defined in ORS 442.015 - } { +
department + }, for preliminary inspection and approval or
recommendations with respect to compliance with the rules
authorized by ORS 441.055 and 443.420 and for compliance with
National Fire Protection Association standards when the facility
is also to be Medicare or Medicaid certified. The { - state
agency - } { + department + } may require by rule payment of a
fee for project review services at a variable rate, dependent on
total project cost. For health care facilities, the { - state
agency - } { + department + } shall develop a review fee
schedule as minimally necessary to support the staffing level and
expenses required to administer the program. The fee for project
review of residential care facilities shall equal two-thirds that
required of health care facilities. The { - state agency - }
{ + department + } may also participate in an on-site review of
projects in cooperation with the Health Division and Senior and
Disabled Services Division as a prerequisite to licensure of new
facilities, major renovations and expansions. The
{ - state agency - } { + department + } shall, at least
annually, in cooperation with the Health Division, Senior and
Disabled Services Division and with the advice of facilities
covered by this review, present proposed rule changes regarding
facility design and construction to such agencies for their
consideration. The { - state agency - } { + department + }
shall also publish a state submissions guide for health and
residential care facility projects and advise project sponsors of
applicable requirements of federal, state and local regulatory
agencies.
{ + NOTE: + } Corrects official title in (2); replaces term
and ORS reference in (2) with appropriate provisions. See
amendments to 442.015 by section 181.
SECTION 179. ORS 441.117 is amended to read:
441.117. (1) The Long Term Care Ombudsman and each designee
shall have the right of entry into long term care facilities at
any time considered necessary and reasonable by the ombudsman or
the designee for the purpose of:
(a) Investigating and resolving complaints by residents or on
their behalf;
(b) Interviewing residents, with their consent, in private;
(c) Offering the services of the ombudsman or designee to any
resident, in private;
(d) Interviewing employees or { - agent - } { + agents + }
of the long term care facility;
(e) Consulting regularly with the facility administration; and
(f) Providing services authorized by law or by rule.
(2) The Long Term Care Ombudsman shall have access to any
resident's records, and to records of any public agency necessary
to the duties of the office, including records on patient abuse
complaints made pursuant to ORS 441.630 to 441.680 and 441.995.
Nothing contained in ORS 192.525 or 192.530 is intended to limit
the access of the Long Term Care Ombudsman to medical records of
residents of long term care facilities. Designees may have access
to individual resident's records, including medical records as
authorized by the resident or resident's legal representative, if
needed to investigate a complaint.
(3) Entry and investigation authorized by this section shall be
done in a manner that does not disrupt significantly the
providing of nursing or other personal care to residents.
(4) The ombudsman or the designee must show identification to
the person in charge of the facility. The resident shall have the
right to refuse to communicate with the ombudsman or designee.
The refusal shall be made directly to the ombudsman or designee
and not through an intermediary.
(5) The resident shall have the right to participate in
planning any course of action to be taken on behalf of the
resident by the ombudsman or the designee.
{ + NOTE: + } Corrects word form in (1)(d).
SECTION 180. ORS 441.630 is amended to read:
441.630. As used in ORS 441.630 to 441.680 and 441.995:
(1) 'Abuse' means:
(a) Any physical injury to a resident of a long term care
facility which has been caused by other than accidental means.
(b) Failure to provide basic care or services, which failure
results in physical harm or unreasonable discomfort or serious
loss of human dignity.
(c) Sexual contact with a resident caused by an employee, agent
or other resident of a long term care facility by force, threat,
duress or coercion.
(d) Illegal or improper use of a resident's resources for the
personal profit or gain of another person.
(e) Verbal or mental abuse as prohibited by federal law.
(f) Corporal punishment.
(g) Involuntary seclusion for convenience or discipline.
(2) 'Abuse complaint' means any oral or written communication
to the division, one of its agents or a law enforcement agency
alleging abuse.
(3) 'Division' means the Senior and Disabled Services Division
of the Department of Human Services or a designee of the
division.
(4) 'Facility' means a long term care facility, as defined in
ORS 442.015.
(5) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) Any district attorney.
(6) 'Public or private official' means:
(a) Physician, including any intern or resident.
(b) Licensed practical nurse or registered nurse.
(c) Employee of the Department of Human Services, county health
department, community mental health and developmental
disabilities programs or a long term care facility or person who
contracts to provide services to a long term care facility.
(d) Peace officer.
(e) { - Clergyman - } { + Member of the clergy + }.
(f) Licensed clinical social worker.
(g) Physical, speech and occupational therapists.
(h) Legal counsel for a resident or guardian or family member
of the resident.
{ + NOTE: + } Eliminates gender-specific language in (6)(e).
SECTION 181. ORS 442.015 is amended to read:
442.015. As used in ORS chapter 441 and this chapter, unless
the context requires otherwise:
{ + (1) 'Acquire' or 'acquisition' refers to obtaining
equipment, supplies, components or facilities by any means,
including purchase, capital or operating lease, rental or
donation, with intention of using such equipment, supplies,
components or facilities to provide health services in Oregon.
When equipment or other materials are obtained outside of this
state, acquisition is considered to occur when the equipment or
other materials begin to be used in Oregon for the provision of
health services or when such services are offered for use in
Oregon. + }
{ - (1) - } { + (2) + } 'Adjusted admission' means the sum
of all inpatient admissions divided by the ratio of inpatient
revenues to total patient revenues.
{ - (2) - } { + (3) + } 'Affected persons' has the same
meaning as given to 'party' in ORS 183.310 (6).
{ - (3) 'Acquire' or 'acquisition' refers to obtaining
equipment, supplies, components or facilities by any means,
including purchase, capital or operating lease, rental or
donation, with intention of using such equipment, supplies,
components or facilities to provide health services in Oregon.
When equipment or other materials are obtained outside of this
state, acquisition is considered to occur when the equipment or
other materials begin to be used in Oregon for the provision of
health services or when such services are offered for use in
Oregon. - }
{ + (4) 'Ambulatory surgical center' means a facility that
performs outpatient surgery not routinely or customarily
performed in a physician's or dentist's office, and is able to
meet health facility licensure requirements. + }
{ - (4) - } { + (5) + } 'Audited actual experience' means
data contained within financial statements examined by an
independent, certified public accountant in accordance with
generally accepted auditing standards.
{ - (5) - } { + (6) + } 'Budget' means the projections by
the hospital for a specified future time period of expenditures
and revenues with supporting statistical indicators.
{ - (6) - } { + (7) + } 'Case mix' means a calculated index
for each hospital, based on financial accounting and case mix
data collection as set forth in ORS 442.425, reflecting the
relative costliness of that hospital's mix of cases compared to a
state or national mix of cases.
{ - (7) - } { + (8) + } 'Council' means the Oregon Health
Council.
{ - (8) - } { + (9) + } 'Department' means the Department
of Human Services of the State of Oregon.
{ - (9) - } { + (10) + } 'Develop' means to undertake those
activities which on their completion will result in the offer of
a new institutional health service or the incurring of a
financial obligation, as defined under applicable state law, in
relation to the offering of such a health service.
{ - (10) - } { + (11) + } 'Director' means the Director of
Human Services.
{ - (11) - } { + (12) + } 'Expenditure' or 'capital
expenditure' means the actual expenditure, an obligation to an
expenditure, lease or similar arrangement in lieu of an
expenditure, and the reasonable value of a donation or grant in
lieu of an expenditure but not including any interest thereon.
{ + (13) 'Freestanding birthing center' means a facility
licensed for the primary purpose of performing low risk
deliveries. + }
{ - (12) - } { + (14) + } 'Governmental unit' means the
state, or any county, municipality or other political
subdivision, or any related department, division, board or other
agency.
{ - (13) - } { + (15) + } 'Gross revenue' means the sum of
daily hospital service charges, ambulatory service charges,
ancillary service charges and other operating revenue. 'Gross
revenue' does not include contributions, donations, legacies or
bequests made to a hospital without restriction by the donors.
{ - (14) - } { + (16)(a) + } 'Health care facility' means
{ - : - } { + a hospital, a long term care facility, an
ambulatory surgical center or a freestanding birthing center. + }
{ - (a) A 'hospital' with an organized medical staff, with
permanent facilities that include inpatient beds, and with
medical services, including physician services and continuous
nursing services under the supervision of registered nurses, to
provide diagnosis and medical or surgical treatment primarily for
but not limited to acutely ill patients and accident victims, or
to provide treatment for the mentally ill or to provide treatment
in special inpatient care facilities. A 'special inpatient care
facility' is a facility with permanent inpatient beds and other
facilities designed and utilized for special health care
purposes, to include but not limited to: Rehabilitation center,
college infirmary, chiropractic facility, facility for the
treatment of alcoholism or drug abuse, or inpatient care facility
meeting the requirements of ORS 441.065, and any other
establishment falling within a classification established by the
division, after determination of the need for such classification
and the level and kind of health care appropriate for such
classification. - }
{ - (b) A 'long term care facility' with permanent facilities
that include inpatient beds, providing medical services,
including nursing services but excluding surgical procedures
except as may be permitted by the rules of the director, to
provide treatment for two or more unrelated patients. 'Long term
care facility ' includes the terms 'skilled nursing facility' and
'intermediate care facility,' but such definition shall not be
construed to include facilities licensed and operated pursuant to
ORS 443.400 to 443.455. Such definitions shall include: - }
{ - (A) A 'skilled nursing facility' whether an institution
or a distinct part of an institution, which is primarily engaged
in providing to inpatients skilled nursing care and related
services for patients who require medical or nursing care, or
rehabilitation services for the rehabilitation of injured,
disabled or sick persons. - }
{ - (B) An 'intermediate care facility' which provides, on a
regular basis, health-related care and services to individuals
who do not require the degree of care and treatment which a
hospital or skilled nursing facility is designed to provide, but
who because of their mental or physical condition require care
and services above the level of room and board which can be made
available to them only through institutional facilities. - }
{ - (c) An 'ambulatory surgical center' means a health care
facility which performs outpatient surgery not routinely or
customarily performed in a physician's or dentist's office, and
is able to meet health facility licensure requirements. - }
{ - (d) An establishment furnishing primarily domiciliary
care is not a 'health care facility.' - }
{ - (e) - } { + (b) + } { - A - } 'Health care facility'
does not mean { + :
(A) + } An establishment furnishing residential care or
treatment not meeting federal intermediate care standards, not
following a primarily medical model of treatment, prohibited from
admitting persons requiring 24-hour nursing care and licensed or
approved under the rules of the Mental Health and Developmental
Disability Services Division, Senior and Disabled Services
Division, State Office for Services to Children and Families,
Department of Corrections or Vocational Rehabilitation
Division { + ; or
(B) An establishment furnishing primarily domiciliary care + }.
{ - (f) A 'freestanding birthing center' means a health care
facility licensed for the primary purpose of performing low risk
deliveries. - }
{ - (15) - } { + (17) + } 'Health maintenance organization'
or 'HMO ' means a public organization or a private organization
organized under the laws of any state which:
(a) Is a qualified HMO under section 1310 (d) of the U.S.
Public Health Services Act; or
(b)(A) Provides or otherwise makes available to enrolled
participants health care services, including at least the
following basic health care services: Usual physician services,
hospitalization, laboratory, X-ray, emergency and preventive
services, and out-of-area coverage;
(B) Is compensated, except for copayments, for the provision of
the basic health care services listed in subparagraph (A) of this
paragraph to enrolled participants on a predetermined periodic
rate basis; and
(C) Provides physicians' services primarily directly through
physicians who are either employees or partners of such
organization, or through arrangements with individual physicians
or one or more groups of physicians organized on a group practice
or individual practice basis.
{ - (16) - } { + (18) + } 'Health services' means
clinically related diagnostic, treatment or rehabilitative
services, and includes alcohol, drug or controlled substance
abuse and mental health services that may be provided either
directly or indirectly on an inpatient or ambulatory patient
basis.
{ + (19) 'Hospital' means a facility with an organized
medical staff, with permanent facilities that include inpatient
beds and with medical services, including physician services and
continuous nursing services under the supervision of registered
nurses, to provide diagnosis and medical or surgical treatment
primarily for but not limited to acutely ill patients and
accident victims, to provide treatment for the mentally ill or to
provide treatment in special inpatient care facilities. + }
{ - (17) - } { + (20) + } 'Institutional health services'
means health services provided in or through health care
facilities and includes the entities in or through which such
services are provided.
{ + (21) 'Intermediate care facility' means a facility that
provides, on a regular basis, health-related care and services to
individuals who do not require the degree of care and treatment
that a hospital or skilled nursing facility is designed to
provide, but who because of their mental or physical condition
require care and services above the level of room and board that
can be made available to them only through institutional
facilities.
(22) 'Long term care facility' means a facility with permanent
facilities that include inpatient beds, providing medical
services, including nursing services but excluding surgical
procedures except as may be permitted by the rules of the
director, to provide treatment for two or more unrelated
patients. ' Long term care facility' includes skilled nursing
facilities and intermediate care facilities but may not be
construed to include facilities licensed and operated pursuant to
ORS 443.400 to 443.455.
(23) 'Major medical equipment' means medical equipment that is
used to provide medical and other health services and that costs
more than $1 million. 'Major medical equipment' does not include
medical equipment acquired by or on behalf of a clinical
laboratory to provide clinical laboratory services, if the
clinical laboratory is independent of a physician's office and a
hospital and has been determined under Title XVIII of the Social
Security Act to meet the requirements of paragraphs (10) and (11)
of section 1861(s) of that Act. + }
{ - (18) - } { + (24) + } 'Medically indigent' means a
person who has insufficient resources or assets to pay for needed
medical care without utilizing resources required to meet basic
needs for shelter, food and clothing.
{ - (19) - } { + (25) + } 'Net revenue' means gross revenue
minus deductions from revenue.
{ - (20) - } { + (26) + } 'New hospital' means a facility
that did not offer hospital services on a regular basis within
its service area within the prior 12-month period and is
initiating or proposing to initiate such services. 'New hospital'
also includes any replacement of an existing hospital that
involves a substantial increase or change in the services
offered.
{ - (21) - } { + (27) + } 'New skilled nursing or
intermediate care service or facility' means a service or
facility that did not offer long term care services on a regular
basis by or through the facility within the prior 12-month period
and is initiating or proposing to initiate such services. A 'new
skilled nursing or intermediate care service or facility' also
includes the rebuilding of a long term care facility, the
relocation of buildings which are a part of a long term care
facility, the relocation of long term care beds from one facility
to another or an increase in the number of beds of more than 10
or 10 percent of the bed capacity, whichever is the lesser,
within a two-year period.
{ - (22) 'Major medical equipment' means medical equipment
which is used to provide medical and other health services and
which costs more than $1 million. 'Major medical equipment' does
not include medical equipment acquired by or on behalf of a
clinical laboratory to provide clinical laboratory services, if
the clinical laboratory is independent of a physician's office
and a hospital and has been determined under Title XVIII of the
Social Security Act to meet the requirements of paragraphs (10)
and (11) of section 1861(s) of that Act. - }
{ - (23) - } { + (28) + } 'Offer' means that the health
care facility holds itself out as capable of providing, or as
having the means for the provision of, specified health services.
{ - (24) - } { + (29) + } 'Operating expenses' means the
sum of daily hospital service expenses, ambulatory service
expenses, ancillary expenses and other operating expenses,
excluding income taxes.
{ - (25) - } { + (30) + } 'Person' means an individual, a
trust or estate, a partnership, a corporation (including
associations, joint stock companies and insurance companies), a
state, or a political subdivision or instrumentality, including a
municipal corporation, of a state.
{ + (31) 'Skilled nursing facility' means a facility or a
distinct part of a facility, that is primarily engaged in
providing to inpatients skilled nursing care and related services
for patients who require medical or nursing care, or an
institution that provides rehabilitation services for the
rehabilitation of injured, disabled or sick persons.
(32) 'Special inpatient care facility' means a facility with
permanent inpatient beds and other facilities designed and
utilized for special health care purposes, including but not
limited to a rehabilitation center, a college infirmary, a
chiropractic facility, a facility for the treatment of alcoholism
or drug abuse, an inpatient care facility meeting the
requirements of ORS 441.065, and any other establishment falling
within a classification established by the division, after
determination of the need for such classification and the level
and kind of health care appropriate for such classification. + }
{ - (26) 'State agency' means the office of the Director of
Human Services. - }
{ - (27) - } { + (33) + } 'Total deductions from gross
revenue' or ' deductions from revenue' means reductions from
gross revenue resulting from inability to collect payment of
charges. Such reductions include bad debts; contractual
adjustments; uncompensated care; administrative, courtesy and
policy discounts and adjustments and other such revenue
deductions. The deduction shall be net of the offset of
restricted donations and grants for indigent care.
{ + NOTE: + } Conforms section structure to legislative form
and style; corrects syntax; beautifies ORS.
SECTION 182. ORS 442.700 is amended to read:
442.700. As used in ORS 442.700 to 442.760:
(1) 'Board of governors' means the governors of a cooperative
program as described in ORS 442.720.
(2) 'Cooperative program' means a program among two or more
health care providers for the purpose of providing heart and
kidney transplant services including, but not limited to, the
sharing, allocation and referral of physicians, patients,
personnel, instructional programs, support services, facilities,
medical, diagnostic, laboratory or therapeutic services,
equipment, devices or supplies, and other services traditionally
offered by health care providers.
(3) 'Director' means the Director of Human Services.
(4) 'Health care provider' means a hospital, physician or
entity, a significant part of whose activities consist of
providing hospital or physician services in this state. For
purposes of the immunities provided by ORS 442.700 to 442.760 and
646.740, 'health care provider' includes any officer, director,
trustee, employee, or agent of, or any entity under common
ownership and control with, a health care provider.
(5) 'Hospital' means a { - health care facility - }
{ + hospital, as defined in ORS 442.015 (19), or a long term
care facility or an ambulatory surgical center, as those terms
are + } defined in ORS 442.015 { + , + } { - (14)(a) to (d)
and - } { + that is + } licensed under ORS 441.015 to
441.097 { + . + } { - and - } { + ' Hospital' + } includes
community health programs established under ORS 430.610 to
430.695.
(6) 'Order' means a decision issued by the director under ORS
442.710 either approving or denying an application for a
cooperative program and includes modifications of an original
order under ORS 442.730 (3)(b) and ORS 442.740 (1) and (4).
(7) 'Party to a cooperative program agreement' or 'party '
means an entity that enters into the principal agreement to
establish a cooperative program and applies for approval under
ORS 442.700 to 442.760 and 646.740 and any other entity that,
with the approval of the director, becomes a member of a
cooperative program.
(8) 'Physician' means a physician defined in ORS 677.010 (12)
and licensed under ORS chapter 677.
{ + NOTE: + } Corrects terminology, syntax and ORS reference
in (5). See amendments to 442.015 by section 181.
SECTION 183. ORS 445.010 is amended to read:
445.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Ambulance operator' means any person operating an
ambulance for hire.
(2) 'Care' means:
(a) Treatment in and by a hospital.
(b) Professional services of a doctor.
(c) Professional services of a nurse.
(d) Medicines, substances, articles, appliances or physical
therapy supplied on the prescription or order of the doctor in
charge of the case.
(e) Transportation and services by an ambulance operator.
(f) Supplying prosthetic appliances and services.
(g) Any combination of any two or more of the services listed
in this subsection.
(h) Professional services of a licensed physical therapist.
(3) 'Claimant' means a hospital, doctor, nurse, pharmacy,
ambulance operator, supplier of prosthetic appliances and
services or licensed physical therapist, who supplies care to an
indigent patient, and who files a claim for charges therefor
pursuant to this chapter. In respect of a hospital, it includes
the operator or managing officer thereof. 'Claimant' also means
an indigent patient, or a personal representative of the patient
after the death of the patient, but claims allowed shall be paid
directly to those who supply care to the indigent patient; and an
indigent claimant, or personal representative of the patient, has
no right of appeal under ORS 445.160 (1969 Replacement Part).
(4) 'Division' means the Adult and Family Services Division of
the Department of Human Services.
(5) 'Doctor' means a person licensed by the appropriate board
of this state to practice one or more of the healing arts.
(6) 'Hospital' includes nursing homes and means any institution
that has a provider agreement with the division and which admits
and cares for patients suffering from motor vehicle injuries and
applies for the benefits of this chapter in the manner provided
in ORS 445.110.
(7) 'Indigent patient' means a person who has suffered a motor
vehicle injury and who is unable to pay the cost of the care
supplied on account of such injury and, except in the case of a
claim filed after a claim arising out of the same motor vehicle
injury has been allowed by the division or finally adjudged
affirmatively by a court on appeal, whose account therefor
remains unpaid at the expiration of 90 days after the termination
of the care and who is not entitled to the benefits of the
Workers' Compensation Law of this state or any other state or
country on account of such injury.
(8) 'Motor vehicle injury' means any personal injury suffered
by a human being, and accidentally caused in, by, or as the
proximate result of, the movement of a motor vehicle on a public
way, street or highway within this state, whether the injured
person is the operator of the vehicle, a passenger in the same or
another vehicle, a pedestrian or whatever the relationship of the
injured person to the movement of the vehicle, and whether or not
the vehicle is under the control of a human being at the time of
the injury.
(9) 'Nurse' means a person registered or licensed to practice
nursing by the Oregon State Board of Nursing.
(10) 'Pharmacy' means a place of business licensed by the State
Board of Pharmacy, { - whereat - } { + where + } drugs,
medicines, prescriptions, chemicals or poisons are compounded,
dispensed or sold at retail.
(11) 'Supplier of prosthetic appliances and services' means a
place of business or person licensed to manufacture or supply
prosthetic appliances and services.
(12) 'Licensed physical therapist' means a physical therapist
within the State of Oregon licensed by the Physical Therapist
Licensing Board.
{ + NOTE: + } Corrects word choice in (10).
SECTION 184. ORS 446.155 is amended to read:
446.155. (1) No person may sell or offer for sale within this
state a manufactured dwelling manufactured after January 1, 1962,
that contains:
(a) Plumbing equipment, unless such equipment meets the
requirements of the Department of Consumer and Business Services;
(b) Heating equipment, unless such equipment meets the
requirements of the State Fire Marshal; or
(c) Electrical equipment, unless such equipment meets the
requirements of the department.
(2) No person may rent, lease, sell or offer for rent, lease or
sale within this state a manufactured structure manufactured
after September 1, 1969, unless it bears an insignia of
compliance and contains:
(a) Plumbing, mechanical and electrical equipment or
installations that meet the minimum safety standards of the
department;
(b) Thermal, fire and life safety equipment, material and
installations that meet the minimum safety standards of the
department; or
(c) Structural and transportation equipment, materials,
installations and construction that meet the minimum safety
standards of the department.
(3) No person may rent, lease or offer for rent or lease within
this state a recreational vehicle built after January 1, 1990,
unless it bears an insignia of compliance and contains:
(a) Plumbing, mechanical and electrical equipment or
installations that meet the minimum safety standards of the
department; or
(b) Thermal, fire and life safety equipment, material and
installations that meet the minimum safety standards of the
department.
(4) No person may sell or offer for sale a recreational vehicle
{ - after July 1, 1989, - } built within five years of the time
the recreational vehicle is sold or offered for sale, unless it
bears an insignia of compliance and contains:
(a) Plumbing, mechanical and electrical equipment or
installations that meet the minimum safety standards of the
department; or
(b) Thermal, fire and life safety equipment, material and
installations that meet the minimum safety standards of the
department.
(5) Persons manufacturing, remanufacturing, converting,
altering or repairing manufactured structures or equipment within
the state or for use within the state { - after July 1,
1991, - } shall comply with all applicable construction and
safety rules of the department and the following:
(a) Alterations performed on a manufactured dwelling by the
manufacturer or dealer before or at the time of sale to the first
consumer shall be performed in conformance with the National
Manufactured Housing Construction and Safety Standards Act.
(b) After the initial sale to a consumer by a manufacturer or
dealer, all alterations to a manufactured dwelling, except as
identified by the Director of the Department of Consumer and
Business Services by rule, shall be in conformance with the
specialty codes as described in ORS 455.010 to 455.740 and
479.855.
(c) Solid fuel burning appliances shall be in conformance with
the National Manufactured Housing Construction and Safety
Standards Act and standards adopted by the department.
(d) Notwithstanding subsections (1) and (2) of this section, a
previously owned manufactured dwelling may be sold 'as is '
provided that the seller discloses in the bill of sale that the
manufactured dwelling is being sold on an 'as is' or 'with all
faults' basis, and that the entire risk as to the quality and
performance of the manufactured dwelling is with the buyer. If
the manufactured dwelling is found to be defective after
purchase, the buyer shall assume the entire cost of all servicing
and repair. The seller, manufacturer, distributor or retailer is
not responsible for any cost for servicing and repair.
(6) Installations of manufactured structures shall be in
conformance with the standards adopted by the department for site
preparation, foundation support, anchoring, structural and
utility connections, electrical and plumbing tests, underfloor
enclosures, ventilation, vapor barriers and steps used for access
and egress.
{ + NOTE: + } Deletes obsolete provisions in (4) and (5).
SECTION 185. ORS 447.145 is amended to read:
447.145. (1) All new fixtures approved for installation during
construction, reconstruction, alteration and repair of buildings
and other structures under ORS 447.020 shall comply with rules
adopted by the Director of the Department of Consumer and
Business Services. The rules shall be consistent with performance
requirements and test procedures established by the American
National Standards Institute, or other equivalent recognized
North American standards and procedures. Except for used fixtures
allowed under subsection (4) of this section, the average amount
of water used by new or replacement fixtures under the applicable
test procedures shall not exceed:
(a) 1.6 gallons or 6.06 liters per flush for toilets;
(b) 1.0 gallons or 3.785 liters per flush for urinals;
(c) 2.5 gallons or 9.46 liters per minute for shower heads; and
(d) 2.5 gallons or 9.46 liters per minute for interior faucets.
(2) Notwithstanding subsection (1) of this section, the
director by rule shall provide for exemptions to the requirements
under subsection (1) of this section if:
(a) The reconstruction, alteration or repair of a building does
not include the installation of new or replacement toilets or
urinals, shower heads or faucets within the building;
(b) Due to the capacity, design or installation of the plumbing
or sewage system within an existing building, toilets or urinals
required by subsection (1) of this section would, if installed in
the building, be unable to meet the performance requirements of
the American National Standards Institute or other equivalent
recognized North American standards as adopted by rule;
(c) The fixtures and fittings necessary to perform a
specialized function, including but not limited to emergency
showers and aspirator faucets, cannot meet the requirements;
(d) The installation of fixtures that do not comply with
subsection (1) of this section is necessary to maintain the
historic character of a structure listed under ORS 358.475 to
358.565; or
(e) The fixtures and fittings to be installed are specifically
designed to withstand unusual abuse or installation in a penal
institution or are located in an area with special needs, such as
a laboratory, hospital, nursing home or other health care
facility.
(3) No person shall sell or offer for sale any new toilet,
urinal, shower head or faucet that has not been approved under
ORS 447.020.
(4) On or after December 31, 1995, no person shall sell or
offer for sale any used toilet, urinal, shower head or interior
faucet that does not meet the conservation standards established
in subsection (1) of this section.
(5) The director shall adopt rules and regulations for marking,
labeling or otherwise identifying fixtures that meet the
standards of this section.
{ - (6) The requirements of subsection (1)(a) of this section
do not apply to commercial or industrial installations until
January 1, 1997. - }
{ + NOTE: + } Deletes obsolete provision.
SECTION 186. ORS 448.005 is amended to read:
448.005. As used in ORS 448.005 to 448.090, unless the context
requires otherwise:
(1) 'Assistant director' means the Assistant Director for
Health.
(2) 'Bathhouse' means a structure that contains dressing rooms,
showers and toilet facilities for use with an adjacent public
swimming pool.
(3) 'Division' means the Health Division of the Department of
Human Services.
(4) 'Person' has the meaning given that term in ORS 174.100,
but also includes municipalities, recreation districts, counties
and state agencies or instrumentalities.
(5) 'Public spa pool' means a public swimming pool or wading
pool designed primarily to direct water or air-enriched water
under pressure onto the bather's body with the intent of
producing a relaxing or therapeutic effect.
(6) 'Public swimming pool' means an artificial structure, and
its appurtenances, that contains water more than two feet deep,
is expressly designated or used with the knowledge and consent of
the owner or operator for swimming or recreational bathing, and
is for the use of any segment of the public. 'Public swimming
pool' includes, but is not limited to, swimming pools owned or
operated by:
(a) Travelers' accommodations;
(b) Recreation parks;
(c) Colleges;
(d) Schools;
(e) Organizational camps as defined in ORS 446.310;
(f) Clubs;
(g) Associations;
(h) Business establishments for their patrons or employees;
(i) Private persons and that are open to the public;
(j) Recreation districts;
(k) Municipalities;
(L) Counties; or
(m) { - A - } State { - agency - } { + agencies + }.
(7) 'Public wading pool' means an artificial structure, and its
appurtenances, that contains water less than two feet deep, is
expressly designated or used with the knowledge and consent of
the owner or operator for wading or recreational bathing, and is
for the use of any segment of the public, whether limited to
patrons of a companion facility or not.
(8) 'Recreation park' means those facilities as defined by ORS
446.310.
(9) 'Travelers' accommodation' means those facilities as
defined by ORS 446.310.
(10) 'Variance' means written permission from the division for
a public swimming pool, public spa pool or public wading pool to
be operated when it does not comply with all the applicable rules
for public swimming pools, public spa pools or public wading
pools.
{ + NOTE: + } Corrects syntax in (6)(m).
SECTION 187. ORS 450.075 is amended to read:
450.075. Every sanitary district may:
(1) Have and use a common seal.
(2) Sue and be sued { - by - } { + in + } its name.
(3) Acquire, construct, reconstruct, alter, enlarge, renew,
replace, operate and maintain such sewage collection and disposal
systems as in the judgment of the board are necessary and proper
for the area of the district. In the performance of these
functions, either in or out of the district, it may join with any
county, city or other district or governmental agency in the
joint establishment, maintenance and operation of such works, and
may contract therefor within the limits of authority conferred by
ORS 450.005 to 450.245.
(4) Permit the use, by lease or otherwise, of any property of
the district by any other district, city or other governmental
agency.
(5) Acquire by purchase, gift, devise, condemnation proceedings
or otherwise, such real and personal property and rights of way,
either within or without the limits of the district, as in the
judgment of the board are necessary or proper to the exercise of
its powers, and to pay for and hold the same.
(6) Make and accept contracts, deeds, releases and documents
that, in the judgment of the board, are necessary or proper in
the exercise of any of the powers of the district.
(7) Issue bonds as provided in ORS 450.095 to 450.125.
(8) Determine the rate of levy of taxes in the district, and
fix sewer rentals, charges and assessments as provided in ORS
450.130 to 450.175.
(9) Employ and pay necessary agents, employees and assistants.
(10) Lay its sewers and drains in any public street or road in
the county, and for this purpose enter upon it and make all
necessary and proper excavations, restoring it to its proper
condition. However, the consent of the proper city, county or
state authorities, as the case may be, shall first be obtained
and the conditions of such consent complied with.
(11) Maintain and operate disposal sites and solid waste
collection and disposal systems in compliance with ORS 459.005 to
459.437, 459.992 (1) and (2) and 466.995 (1).
(12) Call all necessary elections.
(13) Compel all residents and property owners in the district
to connect their houses and structures requiring sewage or
drainage disposal with adjacent street sewers, drains or other
sewage disposal system of the district.
(14) Do any act necessary or proper to the complete exercise
and effect of any of its powers or for the purposes for which it
was formed.
(15) Make and enforce all necessary and proper regulations for:
(a) The cleanliness of roads and streets of the district.
(b) All other sanitary purposes not in conflict with the laws
of this state.
(16) Make and enforce necessary and proper regulations
governing the storage, collection, transportation and disposal of
solid wastes where such regulations are supplemental to the
requirements of the Environmental Quality Commission adopted
pursuant to ORS 459.045 and are necessary to meet special local
conditions.
{ + NOTE: + } Corrects word choice in (2).
SECTION 188. ORS 450.815 is amended to read:
450.815. For the purpose of carrying out the powers granted to
the authority under other provisions of ORS 450.600 to 450.989
and in addition thereto, the authority may:
(1) Have and use a common seal.
(2) Sue and be sued { - by - } { + in + } its name.
(3) Permit the use, by lease or otherwise, of any property of
the authority by any other authority, district, city or other
governmental agency.
(4) Acquire by purchase, gift, devise, condemnation proceedings
or otherwise, such real and personal property and rights of way,
either within or without the authority, as in the judgment of the
board are necessary or proper to the exercise of its powers, and
to pay for and hold the same.
(5) Make and accept contracts, deeds, releases and documents
which, in the judgment of the board, are necessary or proper in
the exercise of any of the powers of the authority.
(6) Employ and pay necessary agents, employees and assistants.
(7) Lay its sewers and drains in any public street, highway or
road in the county, and for this purpose enter upon it and make
all necessary and proper excavations, restoring it to its proper
condition. However, the consent of the proper city, county or
state authorities, as the case may be, shall first be obtained
and the conditions of such consent complied with.
(8) Compel all residents and property owners in the authority
to connect their houses and structures requiring sewage disposal
with adjacent sewers within the authority.
(9) Fix sewer charges and rentals.
(10) Do any act necessary or proper to effect and carry out the
purposes for which the authority was formed pursuant to ORS
450.600 to 450.989.
{ + NOTE: + } Corrects word choice in (2).
SECTION 189. ORS 452.151 is amended to read:
452.151. The board may request technical advice and information
from the Oregon { + State University + } Agricultural Experiment
Station and the Health Division regarding methods and chemicals
to be used in the control and extermination of rats and public
health vectors.
{ + NOTE: + } Corrects official title.
SECTION 190. ORS 452.510 is amended to read:
452.510. As used in ORS 452.510 to 452.590:
(1) 'Department' means the { + State + } Department of
Agriculture or any of its authorized representatives.
(2) 'Ragweed' means the plants listed in ORS 452.520 (1) and
(2).
(3) 'Ragweed control area' includes the counties of Benton,
Clackamas, Clatsop, Columbia, Coos, Curry, Douglas, Hood River,
Jackson, Josephine, Lane, Lincoln, Linn, Marion, Multnomah, Polk,
Tillamook, Washington and Yamhill.
{ + NOTE: + } Corrects official title in (1).
SECTION 191. ORS 453.370 is amended to read:
453.370. (1) In order to maintain and ensure the effectiveness
of state programs established under ORS 453.307 to 453.414, as
well as to ensure the effectiveness of local efforts, a local
government may establish, enforce or enact a local community
right to know regulatory program provided that the local program
complies with the requirements of this section.
(2) To the extent that a local program is supported in whole or
in part by fees, those fees may be set, imposed or assessed only
by the local government that is implementing the local program.
Such fees are allowed only to the extent not otherwise prohibited
or limited by law. Such fees:
(a) Shall be adopted by ordinance as a fee schedule, after
notice and public hearing; and
(b) May not exceed $2,000 for any single facility in any
calendar year.
(3)(a) All local community right to know regulatory program
enforcement, including but not limited to penalties, may be
imposed only by a local fire official or a board established by
the local government to implement the local community right to
know regulatory program.
(b) Penalties for violations of a community right to know
regulatory program shall not exceed $1,000 per day and shall be
assessed according to a schedule adopted by the local government
after notice and public hearing. Except when a local government
has reasonable grounds to find that an employer willfully and
knowingly avoided compliance with the local program, and as long
as the employer submits the required information within 30 days
following a written notification of noncompliance, penalties
shall be suspended if the employer has no history of violating
the local program.
(4) After notice and public hearing, the local government must
determine that:
(a) Existing reporting to local, state or federal agencies is
inadequate to meet the needs and concerns of the local
government;
(b) The state or federal government does not collect data that
will provide substantially the same information desired by the
local government;
(c) The local government has asked the appropriate state agency
to operate the program desired by the local government and the
state agency has not committed to do so within 180 days;
(d) The Department of Environmental Quality, the State Fire
Marshal and the Health Division of the Department of Human
Services have had an opportunity to comment on the proposed
program and the local government has responded to those comments;
and
(e) The local government has provided an opportunity for
written and oral public comment on the proposed program.
(5) Any local government that operates a local community right
to know regulatory program shall:
(a) Provide for an opportunity to report data electronically;
(b) Place data reported under the program on the Internet with
instructions for the general public that explain the organization
of the data; and
(c) Keep records of data usage and otherwise document interest
in the collected data.
(6) Data and other information presented under a local
community right to know regulatory program:
(a) Shall clearly distinguish, where appropriate, public health
interpretations from the raw data;
(b) May, where feasible, indicate specifically which hazardous
substances and toxic substances are being released into the local
air, water and land; and
(c) Shall include locations where a person may obtain
epidemiological statistics related to health effects of the
hazardous substances and toxic substances, if available.
(7) For any hazardous substance or toxic substance that a local
government proposes to require an employer to report under a
local community right to know regulatory program established
pursuant to this section { - and sections 2 and 4, chapter
1089, Oregon Laws 1999 - } , the local government shall seek
written and oral public comment and provide written notice to
interested parties prior to adoption as a reporting requirement.
The local government must provide the public with an opportunity
to comment on the appropriateness of reporting on the proposed
hazardous substance or toxic substance, including but not limited
to commenting on health and environmental considerations,
economic concerns and feasibility of compliance. The local
government shall consider the comments before adopting a list or
making additions to a list of hazardous substances and toxic
substances to be reported.
(8) In administering a local community right to know regulatory
program, a local government shall establish procedures to exempt,
when reasonable, an entity from all or part of the local program
for the purpose of protecting trade secrets or where the local
government determines that the operations of the entity pose
little or no risk to the public health or the environment.
(9) Except as prohibited by federal or state law, a local
program shall not differentiate between public and private
employers.
(10) Nothing in this section shall be construed to limit the
authority of a local government to:
(a) Distribute information collected under the state Community
Right to Know and Protection Act; or
(b) Adopt or enforce a local ordinance, rule or regulation
strictly necessary to comply with:
(A) The Uniform Building Code as adopted and amended by the
Director of the Department of Consumer and Business Services;
(B) A uniform fire code; or
(C) Any requirement of a state or federal statute, rule or
regulation, including but not limited to those controlling
hazardous substances, toxic substances or other environmental
contaminants.
(11) For any local community right to know regulatory program
established before January 1, 1999, subsections (2), (4) to (7)
and (9) of this section shall not apply until July 1, 2003.
{ + NOTE: + } Deletes obsolete provision in (7).
SECTION 192. { + Sections 2 and 4, chapter 1089, Oregon Laws
1999, are repealed. + }
{ + NOTE: + } Repeals obsolete provisions.
SECTION 193. ORS 453.376, as amended by section 6, chapter
1089, Oregon Laws 1999, is amended to read:
453.376. (1) In order to determine the need for response to a
spill or release or threatened spill or release under ORS 453.307
to 453.414, or enforcing the provisions of ORS 453.307 to
453.414, any person who prepares, manufactures, processes,
packages, stores, transports, handles, uses, applies, treats or
disposes of oil or hazardous material shall, upon the request of
the State Fire Marshal:
(a) Furnish information relating to the oil or hazardous
material; and
(b) Permit the State Fire Marshal at all reasonable times to
have access to { + , + } and { + to make copies of + }
{ - copy - } , records relating to the type, quantity, storage
locations and hazards of the oil or hazardous material.
(2) In order to carry out subsection (1) of this section, the
State Fire Marshal may enter to inspect at reasonable times any
establishment or other place where oil or hazardous material is
present.
(3) Any person possessing or holding a quantity of oil or
hazardous material meeting or exceeding the reporting criteria
established by the State Fire Marshal shall notify the State Fire
Marshal of the presence, quantity and other information required
under statute or rule, and shall conform to the requirements of
ORS 453.307 to 453.414.
{ + NOTE: + } Corrects syntax in (1)(b).
SECTION 194. ORS 454.610 is amended to read:
454.610. (1) As used in this section ' { - grey - }
{ + gray + } water ' means any domestic sewage other than toilet
and garbage wastes, including shower and bath waste water,
kitchen waste water and laundry wastes.
(2) Nothing in ORS 454.605 to 454.755 except ORS 454.645 shall
prohibit the discharge of { - grey - } { + gray + } water if:
(a) Soil and site conditions for such { - grey - }
{ + gray + } water conform to the rules of the Department of
Environmental Quality regarding standard subsurface sewage
disposal systems or alternative sewage disposal systems, except
that such systems may use two-thirds the normal size surface area
for a drainfield and shall be preceded by a treatment facility
such as, but not limited to, a septic tank; or
(b) Such { - grey - } { + gray + } water is discharged into
an existing subsurface sewage disposal system or alternative
sewage disposal system which is functioning satisfactorily, or a
public sewage system which serves the dwelling from which such
{ - grey - } { + gray + } water is derived.
{ + NOTE: + } Corrects spelling in (1) and (2).
SECTION 195. ORS 454.715 is amended to read:
454.715. Subject to ORS 183.310 to 183.550, the Department of
Environmental Quality at any time may suspend or revoke any
license issued pursuant to ORS 454.695 if it finds:
(1) A material misrepresentation or false statement in the
application for the license.
(2) Failure to comply with the applicable provisions of this
chapter.
(3) Violation of any rule of the Environmental Quality
Commission regarding sewage disposal services.
(4) The licensee was { - registered with - } { + licensed
by + } the Construction Contractors Board at the time of
licensing { + under ORS 454.695 + } and { - such
registration - } { + the license issued by the board + } was
revoked or suspended for a failure to comply with ORS 701.100 or
701.102 and rules adopted thereunder.
{ + NOTE: + } Corrects terminology and syntax in (4).
SECTION 196. { + ORS 455.422 is added to and made a part of
ORS chapter 455. + }
{ + NOTE: + } Adds statute to appropriate chapter series.
SECTION 197. ORS 455.720 is amended to read:
455.720. (1) In accordance with applicable provisions of ORS
183.310 to 183.550, to promote effective and uniform enforcement
of the state building code by improving the competence of
building officials and inspectors, the Director of the Department
of Consumer and Business Services, with the advice of the
advisory boards, shall:
(a) Establish for building officials and inspectors reasonable
minimum training and experience standards, including but not
limited to courses or subjects for instruction, facilities for
instruction, qualification of instructors, methods of instruction
and classification of responsibility. The standards shall include
provisions for determining a practical experience equivalent.
(b) Establish a procedure to be used by municipalities to
determine whether a person meets minimum standards or has minimum
training to be appointed or employed as a building official or
inspector. The procedure shall allow for a field examination of a
person to determine if the person meets the practical experience
equivalent of a minimum standard.
(c) Subject to such terms, conditions and classifications as
the director may impose, certify building officials as being
qualified, and revoke such certifications in the manner provided
in ORS 455.740.
(d) Subject to such terms, conditions and classifications as
the director may impose, certify inspectors as being qualified to
enforce one or more particular specialty codes, and revoke such
certifications in the manner provided in ORS 455.740.
(e) Require an applicant for a certificate as a building
official or inspector to demonstrate knowledge of the laws
governing accessibility to buildings by disabled persons by
passing an examination prescribed by the director.
(2) The director shall maintain and, upon request of
municipalities, furnish information on applicants for appointment
or employment as building officials or inspectors.
(3) Pursuant to ORS 183.310 to 183.550, the director shall
adopt rules necessary to carry out the certification programs
provided by { - subsections (1) to (3) - } { + subsection
(1) + } of this section.
(4) The director, by rule, may require evidence of completion
of continuing education covering any certification created under
this section as a condition of maintaining the certification.
Nothing in this subsection shall prohibit the director from
delegating any of this power to a municipality.
{ + NOTE: + } Corrects subsection reference in (3).
SECTION 198. ORS 460.035 is amended to read:
460.035. (1) No fees shall be required under ORS 460.005 to
460.175 to install, alter, repair, operate or maintain an
elevator:
(a) Under the supervision of the United States Government.
(b) { + That is a + } nonpower-driven lifting
{ - devices - } { + device + }.
(c) Located in a private residence, except for initial
installation.
However, the Department of Consumer and Business Services may, at
the request of the owner or user thereof, make an inspection of
the above exempt elevators and collect the appropriate fee listed
in ORS 460.165.
(2) Pipes installed in an elevator hoistway prior to July 1,
1961, which do not convey gases or liquids that would endanger
life if discharged into the hoistway, are not required to be
removed.
(3) ORS 460.005 to 460.175 does not apply to:
(a) Belt, bucket, scoop, roller or similar type material
conveyors.
(b) Hoists for raising or lowering materials and which are
provided with unguided hooks, slings and similar means for
attachment to the materials.
(c) Material hoists used only to raise and lower building
material in buildings under construction.
(d) Stackers that serve one floor only.
(e) Window-washing scaffolds.
(f) Nonpower-driven lifting devices.
(g) Amusement rides.
(h) Mine elevators.
(i) Elevators under the supervision of the United States
Government.
(j) Elevators located in private residences, except for initial
installation.
{ + NOTE: + } Corrects syntax in (1)(b).
SECTION 199. ORS 462.710 is amended to read:
462.710. (1) Any race meet licensee may make written
application to the Oregon Racing Commission for the conduct of
off-race course mutuel wagering:
(a) On races held at the licensee's race course; or
(b) On races held at race courses outside this state.
(2) The application shall be in such form, shall contain such
information and shall be submitted at such time and in such
manner as the commission may require. Information required by the
commission may include, but is not limited to, a description of
the facilities, equipment and method of operation whereby the
applicant proposes to conduct off-race course mutuel wagering
activities.
(3) The commission shall authorize off-race course mutuel
wagering upon such terms and conditions regarding the time,
location and manner of operation as the commission considers
appropriate. The commission shall not authorize more than 20
locations for off-race course mutuel wagering to be in operation
at any one time and shall permit off-race course mutuel wagering
only at an authorized location. The commission shall not
authorize the conduct of off-race course mutuel wagering at any
time or place or in any manner which the commission determines
would have substantial adverse impact upon mutuel wagering on
races held at a race course in this state. The commission shall
not authorize a race meet licensee to conduct off-race course
mutuel wagering within the boundaries of any city or county that
has adopted an ordinance prohibiting the conduct of that activity
within the city or county. The commission shall not authorize a
race meet licensee to conduct off-race course mutuel wagering in
any county with a population of less than 250,000 at a location
that is within 40 miles of any other location where another race
meet licensee is conducting a live race meet without written
consent of the live race meet licensee.
(4) In addition to other grounds provided in this chapter, the
commission may refuse to issue or renew or may revoke or suspend
the license of any race meet licensee, or any employee thereof,
for failure to comply with ORS 462.700 to 462.740, or the rules
adopted pursuant thereto.
(5) If a race meet licensee proposes to conduct off-race course
mutuel wagering at a physical facility separate from the race
course:
(a) Individuals working at the separate facility must obtain a
license for such employment from the commission if the
individuals are performing duties for which a license would be
required if the duties were performed at a race course. The fee
for any such license shall be the same as the fee for the license
required if the individual were working at a race course.
(b) ORS 462.080, 462.190 and 462.195 apply to the race meet
licensee and to individuals at the facility in the same manner as
if the mutuel wagering activity were being conducted at a race
course.
(6) In addition to other requirements of ORS 462.700 to
462.740, the commission may authorize a race meet licensee to
conduct off-race course mutuel wagering on a particular race that
is held at a race course outside this state subject to the
following conditions:
(a) The commission may authorize only one such race meet
licensee, that is the holder of a license under ORS 462.062 or
462.067, to conduct off-race course mutuel wagering on the race.
(b) The commission may authorize off-race course mutuel
wagering only during that time when the licensee is authorized to
conduct mutuel wagering on races at the licensee's race course.
(c) The commission may authorize such off-race course mutuel
wagering to be conducted at the licensee's race course and any
off-race course wagering site approved by the commission.
(d) The commission may authorize a race meet licensee to
conduct off-race course mutuel wagering on either horse races or
greyhound races.
(e) If a licensee applies for authority to conduct mutuel
wagering on horse races held at race courses outside this state,
the commission may require that the licensee provide such
evidence as the commission considers appropriate regarding the
ability of the licensee to comply with the { - federal - }
Interstate { - Horse Racing - } { + Horseracing + } Act { +
of 1978 + }, 15 U.S.C. 3001 to 3007, as amended.
{ + NOTE: + } Corrects official title in (6)(e).
SECTION 200. ORS 462.740 is amended to read:
462.740. (1) In accordance with ORS 183.310 to 183.550, the
Oregon Racing Commission shall promulgate rules to carry out the
provisions of ORS 462.700 to 462.740. Such rules shall be
designed to promote the best interests and the good conduct of
racing, with due regard for the public health, safety and
welfare.
(2) In order to provide for the lawful operation of off-race
course mutuel wagering for wagering on horse races at race
courses outside this state, the commission is authorized to enter
into contracts or agreements with other governmental or private
agencies or associations and to perform all other acts necessary
to comply with the { - federal - } Interstate { - Horse
Racing - } { + Horseracing + } Act { + of 1978 + }, 15 U.S.C.
ss3001 to 3007, as amended.
{ + NOTE: + } Corrects official title in (2).
SECTION 201. ORS 466.710 is amended to read:
466.710. ORS 466.706 to 466.882 and 466.994 shall not apply to
a:
(1) Farm or residential tank of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes.
(2) Except as provided in ORS 466.858 to { - 466.882 - }
{ + 466.878 + }, tank used for storing heating oil for
consumptive use on the premises where stored.
(3) Septic tank.
(4) Pipeline facility including gathering lines regulated:
(a) Under the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. 1671);
(b) Under the Hazardous Liquid Pipeline Safety Act of 1979 (49
U.S.C. 2001); or
(c) As an intrastate pipeline facility under state laws
comparable to the provisions of law referred to in paragraph (a)
or (b) of this subsection.
(5) Surface impoundment, pit, pond or lagoon.
(6) Storm water or waste water collection system.
(7) Flow-through process tank.
(8) Liquid trap or associated gathering lines directly related
to oil or gas production and gathering operations.
(9) Storage tank situated in an underground area if the storage
tank is situated upon or above the surface of a floor. As used in
this subsection, 'underground area' includes but is not limited
to a basement, cellar, mine, drift, shaft or tunnel.
(10) Pipe connected to any tank described in subsections (1) to
(8) of this section.
{ + NOTE: + } Corrects series reference in (2).
SECTION 202. ORS 466.750 is amended to read:
466.750. (1) In order to safeguard the public health, safety
and welfare, to protect the state's natural and biological
systems, to protect the public from unlawful underground tank
installation and retrofit procedures, to assure the highest
degree of leak prevention from underground storage tanks and to
insure the appropriate cleanup of oil spills and releases, the
Environmental Quality Commission may adopt a program to regulate
persons providing underground storage tank installation and
removal, retrofit, testing, inspection and remedial action
services.
(2) The program established under subsection (1) of this
section may include a procedure to license persons who
demonstrate, to the satisfaction of the Department of
Environmental Quality, the ability to service underground storage
tanks. This demonstration of ability may consist of written or
field examinations. The commission may establish different types
of licenses for different types of demonstrations, including but
not limited to:
(a) Installation, removal, retrofit and inspection of
underground storage tanks;
(b) Tank integrity testing;
(c) Installation of leak detection systems; and
(d) Cleanup of soil contamination resulting from spills or
releases of oil from underground storage tanks.
(3) The program adopted under subsection (1) of this section
may allow the department after opportunity for hearing under the
provisions of ORS 183.310 to 183.550, to revoke a license of any
person offering underground storage tank services who commits
fraud or deceit in obtaining a license or who demonstrates
negligence or incompetence in performing underground tank
services.
(4) The program adopted under subsection (1) of this section
shall:
(a) Provide that no person may offer to perform or perform
services for which a license is required under the program
without such license.
(b) Establish a schedule of fees for licensing under the
program. The fees shall be in an amount sufficient to cover the
costs of the department in administering the program.
(5) The following persons shall apply for an underground
storage tank permit from the department:
(a) An owner of an underground storage tank currently in
operation;
(b) An owner of an underground storage tank taken out of
operation between January 1, 1974, and { - the operative date
of this section - } { + May 1, 1988 + }; and
(c) An owner of an underground storage tank that was taken out
of operation before January 1, 1974, but that still contains a
regulated substance.
{ + NOTE: + } Inserts appropriate date in (5)(b).
SECTION 203. ORS 466.791 is amended to read:
466.791. (1) The Underground Storage Tank Compliance and
Corrective Action Fund is established separate and distinct from
the General Fund in the State Treasury.
(2) The following moneys, as they pertain to an underground
storage tank, shall be deposited into the State Treasury and
credited to the Underground Storage Tank Compliance and
Corrective Action Fund:
(a) Moneys recovered or otherwise received from responsible
parties for corrective action;
(b) Moneys allocated to the fund from the Administrative
Services Economic Development Fund;
(c) As permitted by federal court decisions, federal statutory
requirements and administrative decisions, funds made available
from multidistrict litigation - 150 oil overcharge settlement
moneys or surplus stripper well oil overcharge settlement moneys;
and
(d) Any penalty, fine or damages recovered under ORS 466.770.
(3) The State Treasurer may invest and reinvest moneys in the
Underground Storage Tank Compliance and Corrective Action Fund in
the manner provided by law.
(4) The moneys in the Underground Storage Tank Compliance and
Corrective Action Fund are appropriated continuously to the
Department of Environmental Quality to be used as provided in
subsection (5) of this section.
(5) Moneys in the Underground Storage Tank Compliance and
Corrective Action Fund may be used by the department for the
following purposes:
(a) Supporting the loan guarantee program established pursuant
to section 4, chapter 1071, Oregon Laws 1989;
(b) Repaying moneys advanced under ORS 293.205 to 293.225 to
allow the department to begin operating the grant and loan
programs established pursuant to section 4, chapter 1071, Oregon
Laws 1989, or servicing any debt incurred by the fund;
(c) Administration of the underground storage tank program;
(d) Funding the interest rate subsidies established under
section 6a, chapter 863, Oregon Laws 1991;
(e) Funding the underground storage tank insurance premium
copayment program established under sections 38 to 46, chapter
863, Oregon Laws 1991; and
(f) Funding of the grants established under section 6, chapter
863, Oregon Laws 1991 { - , and section 3, chapter 767, Oregon
Laws 1997 - } .
{ + NOTE: + } Deletes obsolete provision in (5)(f).
SECTION 204. ORS 469.566 is amended to read:
469.566. (1) The Legislative Assembly finds and declares that
Oregon is not assured that the United States Department of Energy
will:
(a) Consider the unique features of Oregon and the needs of the
people of Oregon when assessing { - Hanford, Washington, - }
{ + the Hanford Nuclear Reservation + } as a potentially
suitable location for the long-term disposal of high-level
radioactive waste; or
(b) Insure adequate opportunity for public participation in the
assessment process.
(2) Over the past 45 years, the United States has developed and
produced nuclear weapons at { - Hanford, Washington, - }
{ + the Hanford Nuclear Reservation + } and during this period
large quantities of radioactive hazardous and chemical wastes
have accumulated at the Hanford Nuclear Reservation, and the
waste sites pose an immediate and serious long-term threat to the
environment and to public health and safety.
(3) Therefore, the Legislative Assembly declares that it is in
the best interests of the State of Oregon to establish an Oregon
Hanford Waste Board to serve as a focus for the State of Oregon
in the development of a state policy to be presented to the
federal government, to insure a maximum of public participation
in the assessment and cleanup process.
{ + NOTE: + } Corrects official title in (1)(a) and (2).
SECTION 205. ORS 469.568 is amended to read:
469.568. Nothing in ORS 469.566 to 469.583 shall be interpreted
by the federal government or the United States Department of
Energy as an expression by the people of Oregon to accept
{ - Hanford, Washington, - } { + the Hanford Nuclear
Reservation + } as the site for the long-term disposal of
high-level radioactive waste.
{ + NOTE: + } Corrects official title.
SECTION 206. ORS 469.573 is amended to read:
469.573. The Oregon Hanford Waste Board:
(1) Shall serve as the focal point for all policy discussions
within the state government concerning the disposal of high-level
radioactive waste in the northwest region.
(2) Shall recommend a state policy to the Governor and to the
Legislative Assembly.
(3) After consultation with the Governor, may make policy
recommendations on other issues related to the { - United
States - } Hanford { + Nuclear + } Reservation at Richland,
Washington, including but not limited to defense wastes, disposal
and treatment of chemical waste and plutonium production.
{ + NOTE: + } Corrects official title in (3).
SECTION 207. ORS 469.574 is amended to read:
469.574. In carrying out its purpose as set forth in ORS
469.573, the Oregon Hanford Waste Board shall:
(1) Serve as the initial agency in this state to be contacted
by the United States Department of Energy or any other federal
agency on any matter related to the long-term disposal of
high-level radioactive waste and other issues related to the
{ - United States - } Hanford { + Nuclear + } Reservation.
(2) Serve as the initial agency in this state to receive any
report, study, document, information or notification of proposed
plans from the federal government on any matter related to the
long-term disposal of high-level radioactive waste or other
issues related to the { - United States - } Hanford
{ + Nuclear + } Reservation. Notification of proposed plans
includes notification of proposals to conduct field work, on-site
evaluation or on-site testing.
(3) Disseminate or arrange with the United States Department of
Energy or other federal agency to disseminate the information
received under subsection (2) of this section to appropriate
state agencies, local governments, regional planning commissions,
American Indian tribal governing bodies, the general public and
interested citizen groups who have requested in writing to
receive this information.
(4) Recommend to the Governor and Legislative Assembly
appropriate responses to contacts under subsection (1) of this
section and information received under subsection (2) of this
section if a response is appropriate. The board shall consult
with the appropriate state agency, local government, regional
planning commission, American Indian tribal governing body, the
general public and interested citizen groups in preparing this
response.
(5) Promote and coordinate educational programs which provide
information on the nature of high-level radioactive waste, the
long-term disposal of this waste, the activities of the board,
the activities of the United States Department of Energy and any
other federal agency related to the long-term disposal of
high-level radioactive waste or other issues related to the
{ - United States - } Hanford { + Nuclear + } Reservation and
the opportunities of the public to participate in procedures and
decisions related to this waste.
(6) Review any application to the United States Department of
Energy or other federal agency by a state agency, local
government or regional planning commission for funds for any
program related to the long-term disposal of high-level
radioactive waste or other issues related to the { - United
States - } Hanford { + Nuclear + } Reservation. If the board
finds that the application is not consistent with the state's
policy related to such issue or that the application is not in
the best interest of the state, the board shall forward its
findings to the Governor and the appropriate legislative
committee. If the board finds that the application of a state
agency is not consistent with the state's policy related to
long-term disposal of high-level radioactive waste or that the
application of a state agency is not in the best interest of the
state, the findings forwarded to the Governor and legislative
committee shall include a recommendation that the Governor act to
stipulate conditions for the acceptance of the funds which are
necessary to safeguard the interests of the state.
(7) Monitor activity in Congress and the federal government
related to the long-term disposal of high-level radioactive waste
and other issues related to the { - United States - } Hanford
{ + Nuclear + } Reservation.
(8) If appropriate, advise the Governor and the Legislative
Assembly to request the Attorney General to intervene in federal
proceedings to protect the state's interests and present the
state's point of view on matters related to the long-term
disposal of high-level radioactive waste or other issues related
to the
{ - United States - } Hanford { + Nuclear + } Reservation.
(9) Coordinate with appropriate counterparts and agencies in
the State of Washington.
{ + NOTE: + } Corrects official title in (1), (2), (5), (6),
(7) and (8).
SECTION 208. ORS 469.576 is amended to read:
469.576. (1) If the United States Department of Energy selects
{ - Hanford, Washington, - } { + the Hanford Nuclear
Reservation + } as the site for the construction of a repository
for the long-term disposal of high-level radioactive waste, the
Oregon Hanford Waste Board shall review the selected site and the
site plan prepared by the United States Department of Energy. In
conducting its review the board shall:
(a) Include a full scientific review of the adequacy of the
selected site and of the site plan;
(b) Use recognized experts;
(c) Conduct one or more public hearings on the site plan;
(d) Make available to the public arguments and evidence for and
against the site plan; and
(e) Solicit comments from appropriate state agencies, local
governments, regional planning commissions, American Indian
tribal governing bodies, the general public and interested
citizen groups on the adequacy of the Hanford site and the site
plan.
(2) After completing the review under subsection (1) of this
section, the board shall submit a recommendation to the Speaker
of the House of Representatives, the President of the Senate and
the Governor on whether the state should accept the Hanford site.
{ + NOTE: + } Corrects official title in (1).
SECTION 209. ORS 469.577 is amended to read:
469.577. (1) In addition to any other duty prescribed by law
and subject to the policy direction of the board, a lead agency
designated by the Governor shall negotiate written agreements and
modifications to those agreements, with the United States
Department of Energy or any other federal agency or state on any
matter related to the long-term disposal of high-level
radioactive waste.
(2) Any agreement or modification to an agreement negotiated by
the agency designated by the Governor under subsection (1) of
this section shall be consistent with the policy expressed by the
Governor and the Legislative Assembly as developed by the Oregon
Hanford Waste Board.
(3) The Oregon Hanford Waste Board shall make recommendations
to the agency designated by the Governor under subsection (1) of
this section concerning the terms of agreements or modifications
to agreements negotiated under subsection (1) of this section or
other issues related to the { - United States - } Hanford
{ + Nuclear + } Reservation.
{ + NOTE: + } Corrects official title in (3).
SECTION 210. ORS 469.579 is amended to read:
469.579. The Oregon Hanford Waste Board may accept moneys from
the United States Department of Energy, other federal agencies,
the State of Washington and from gifts and grants received from
any other person. Such moneys are continuously appropriated to
the board for the purpose of carrying out the provisions of ORS
469.566 to 469.583. The board shall establish by rule a method
for disbursing such funds as necessary to carry out the
provisions of ORS 469.566 to 469.583, including but not limited
to awarding contracts for studies pertaining to the long-term
disposal of radioactive waste or other issues related to the
{ - United States - } Hanford { + Nuclear + } Reservation. Any
disbursement of funds by the board or the lead agency shall be
consistent with the policy established by the board under ORS
469.573.
{ + NOTE: + } Corrects official title.
SECTION 211. ORS 469.584 is amended to read:
469.584. The Legislative Assembly and the people of the State
of Oregon find that:
(1) In order to solve the problem of high-level radioactive
waste disposal, Congress established a process for selecting two
sites for the safe, permanent and regionally equitable disposal
of such waste.
(2) The process of selecting three sites as final candidates,
including the Hanford { + Nuclear + } Reservation in the State
of Washington, for a first high-level nuclear waste repository by
the United States Department of Energy violated the intent and
the mandate of Congress.
(3) The United States Department of Energy has prematurely
deferred consideration of numerous potential sites and disposal
media that its own research indicates are more appropriate, safer
and less expensive.
(4) Placement of a repository at Hanford without methodical and
independently verified scientific evaluation threatens the health
and safety of the people and the environment of this state.
(5) The selection process is flawed and not credible because it
did not include independent experts in the selection of the sites
and in the review of the selected sites, as recommended by the
National Academy of Sciences.
(6) By postponing indefinitely all site specific work for an
eastern repository, the United States Department of Energy has
not complied with the intent of Congress expressed in the Nuclear
Waste Policy Act, Public Law 97-425, and the fundamental
compromise which enabled its enactment.
{ + NOTE: + } Corrects official title in (2).
SECTION 212. ORS 469.585 is amended to read:
469.585. In order to achieve complete compliance with federal
law and protect the health, safety and welfare of the people of
the State of Oregon, the Legislative Assembly, other statewide
officials and state agencies shall use all legal means necessary
to:
(1) Suspend the preliminary site selection process for a
high-level nuclear waste repository, including the process of
site characterization, until there is compliance with the intent
of the Nuclear Waste Policy Act;
(2) Reverse the Secretary of Energy's decision to postpone
indefinitely all site specific work on locating and developing an
eastern repository for high-level nuclear waste;
(3) Insist that the United States Department of Energy's site
selection process, when resumed, considers all acceptable
geologic media and results in safe, scientifically justified and
regionally and geographically equitable high-level nuclear waste
disposal;
(4) Demand that federal budget actions fully and completely
follow the intent of the Nuclear Waste Policy Act;
(5) Continue to pursue alliances with other states and
interested parties, particularly with Pacific Northwest
Governors, legislatures and other parties, affected by the site
selection process and transportation of high-level nuclear waste;
and
(6) { - Assure - } { + Ensure + } that Oregon, because of
its close geographic and geologic proximity to the proposed
Hanford { + Nuclear Reservation + } site, be accorded the same
status under federal law as a state in which a high-level nuclear
repository is proposed to be located.
{ + NOTE: + } Corrects grammar and official title in (6).
SECTION 213. ORS 471.175 is amended to read:
471.175. (1) The holder of a full on-premises sales license may
sell by the drink at retail wine, malt beverages, cider and
distilled liquor. Except as provided in this section, all
alcoholic beverages sold under a full on-premises sales license
must be consumed on the licensed premises.
(2) A full on-premises sales license may be issued only to:
(a) Private clubs as described in subsection (7) of this
section.
(b) Public passenger carriers as provided in ORS 471.182.
(c) Commercial establishments as defined in ORS 471.001 (2).
(d) Public locations, other than those described in paragraphs
(a) to (c) of this subsection, where food is cooked and served,
and other food service amenities are provided, as prescribed by
rules of the Oregon Liquor Control Commission.
(e) A caterer, subject to the requirements of ORS 471.184.
(3) The holder of a full on-premises sales license shall allow
a patron to remove a partially consumed bottle of wine from the
licensed premises if the wine is served in conjunction with the
patron's meal, the patron is not a minor and the patron is not
visibly intoxicated.
(4) The holder of a full on-premises sales license is entitled
to purchase { - a - } { + any distilled liquor from an agent
of the + } commission appointed pursuant to ORS 471.750 at a
discount of not more than five percent off the regular listed
price fixed by the commission, together with all taxes, in a
manner prescribed by commission rule. For purposes of
compensation by the commission, the appointed agent shall be
credited with such sales at full retail cost.
(5) The holder of a full on-premises sales license may purchase
distilled liquor only from a retail sales agent of the commission
or from another person licensed under this section who has
purchased the distilled liquor from a retail sales agent of the
commission.
(6) The holder of a full on-premises sales license may sell
factory-sealed containers of wine to a person who organizes a
private gathering on the licensee's premises if the wine was
acquired as part of a larger purchase of wine by the licensee for
the purpose of the gathering and only part of the larger purchase
was consumed at the gathering. Wine sold under this subsection
may be sold only for an amount adequate to compensate the
licensee for the amounts paid by the licensee for the wine.
(7) A private club, including fraternal and veterans
organizations, may qualify for a full on-premises sales license
under this section only if the club meets minimum membership,
charter time and food service requirements set by commission rule
and the club is an association of persons, whether incorporated
or unincorporated, for the promotion of some common object, not
including associations organized for any commercial or business
purpose the object of which is money profit, owning, hiring or
leasing a building or space in a building, of such extent and
character as in the judgment of the commission may be suitable
and adequate for the reasonable and comfortable use and
accommodation of its members and their guests and provided with
suitable and adequate space and equipment, implements and
facilities, and employing a sufficient number of servants or
employees for serving food and meals for its members and their
guests; provided that no member or any officer, agent or employee
of the club is paid, or directly or indirectly receives in the
form of salary or other compensation, any profits from the
disposition or sale of alcoholic liquor to the club or to the
members of the club or its guests introduced by members, beyond
the amount of such salary as may be fixed and voted on at annual
meetings by the members, directors or other governing body of the
club, and that, in the judgment of the commission, shall be
reasonable and proper compensation for the services of such
member, officer, agent or employee.
{ + NOTE: + } Corrects syntax in (4).
SECTION 214. ORS 471.407 is amended to read:
471.407. Except as specifically provided in this chapter, a
person who owns, operates or controls a business establishment
that sells food or beverages for consumption at the establishment
or that offers entertainment to the public for consideration may
not provide alcoholic beverages to members of the public for
consumption at the establishment, without regard to whether the
beverages are offered on a purely gratuitous basis, if:
(1) The alcoholic beverages are offered for the purpose of
inducing members of the public to purchase food or beverages or
to pay for entertainment; and
(2) The person providing the alcoholic beverages does not hold
a license issued under this chapter { - or ORS chapter 472 - }
that authorizes the retail sale of alcoholic beverages.
{ + NOTE: + } Deletes obsolete provision in (2).
SECTION 215. ORS 475A.005 is amended to read:
475A.005. As used in this chapter, unless the context requires
otherwise:
(1) 'All persons known to have an interest' means:
(a) Any person who has, prior to the time the property is
seized for forfeiture, filed notice of interest with any public
office as may be required or permitted by law to be filed with
respect to the property which has been seized for forfeiture;
(b) Any person from whose custody the property was seized; or
(c) Any person who has an interest in the property, including
all owners and occupants of the property, whose identity and
address is known or is ascertainable upon diligent inquiry and
whose rights and interest in the property may be affected by the
action.
(2) 'Attorney fees' has the meaning given that term in ORCP 68
A.
(3) 'Costs and disbursements' are those expenditures set forth
in ORCP 68 A.
(4) 'Financial institution' means any person lawfully
conducting business as:
(a) A financial institution or trust company, as those terms
are defined in ORS 706.008;
(b) A consumer finance company subject to the provisions of ORS
chapter 725;
(c) A mortgage banker or a mortgage broker as those terms are
defined in ORS 59.840, a mortgage servicing company or other
mortgage company;
(d) An officer, agency, department or instrumentality of the
federal government, including but not limited to:
(A) The Secretary of Housing and Urban Development;
(B) The Federal Housing Administration;
(C) The { - Veterans Administration - } { + Department of
Veterans' Affairs + };
(D) The Farmers Home Administration;
(E) The Federal National Mortgage Association;
(F) The Government National Mortgage Administration;
(G) The Federal Home Loan Mortgage Association;
(H) The Federal Agricultural Mortgage Corporation; and
(I) The Small Business Administration;
(e) An agency, department or instrumentality of the state,
including but not limited to:
(A) The Housing Agency;
(B) Any entity established by the Director of Veterans' Affairs
to carry out the provisions of ORS chapter 407; and
(C) The Public Employees Retirement System;
(f) An agency, department or instrumentality of any
municipality in the state, including but not limited to such
agencies as the Portland Development Commission;
(g) An insurer as defined in ORS 731.106;
(h) A private mortgage insurance company;
(i) A pension plan or fund or other retirement plan; and
(j) A broker-dealer or investment adviser as defined in ORS
59.015.
(5) 'Forfeiting agency' means the State of Oregon or a
political subdivision thereof that has accepted for forfeiture
property seized by a seizing agency or that is processing a
forfeiture case.
(6) 'Forfeiture counsel' means an attorney designated to
represent a forfeiting agency in forfeiture actions or
proceedings.
(7) 'Law enforcement agency' means any agency which employs
police officers or prosecutes criminal cases.
(8) 'Official law enforcement use' or 'official law enforcement
activity' means uses or activities which may reasonably be
expected to result in the identification, apprehension or
conviction of criminal offenders.
(9) 'Police officer' has the meaning given that term in ORS
133.525.
(10) 'Proceeds of prohibited conduct' means property derived
directly or indirectly from, maintained by or realized through an
act or omission, and includes any benefit, interest or property
of any kind without reduction for expenses of acquiring or
maintaining it or incurred for any other reason.
(11) 'Prohibited conduct' includes violation of, solicitation
to violate, attempt to violate or conspiracy to violate any
provisions of ORS 475.005 to 475.285 and 475.805 to 475.999 when
the conduct constitutes either a felony or misdemeanor as those
terms are defined in ORS 161.525 and 161.545.
(12) 'Property' means any interest in anything of value,
including the whole of any lot or tract of land and tangible and
intangible personal property, including currency, instruments or
securities or any other kind of privilege, interest, claim or
right whether due or to become due.
(13) 'Seizing agency' means a law enforcement agency that has
seized property for forfeiture.
(14) 'Weapon' means any instrument of offensive or defensive
combat or anything used, or designed to be used, in destroying,
defeating or injuring a person.
{ + NOTE: + } Corrects official title in (4)(d)(C).
SECTION 216. ORS 476.990 is amended to read:
476.990. (1) Violation of ORS 476.150 (2) is a misdemeanor.
All penalties, fees or forfeitures collected under the provisions
of this subsection, ORS 476.010 to 476.090, 476.155 to 476.170
and 476.210 to 476.270 shall be paid into the State Treasury.
(2) Violation of ORS 476.380 (1) is a misdemeanor.
(3) Violation of ORS 476.410 to 476.440 is punishable, upon
conviction, by a fine of not less than $25 nor more than $250, or
by imprisonment in the county jail for not less than 10 or more
than 60 days, or both. Justices of the peace and district judges
shall have concurrent jurisdiction with the circuit courts over
prosecutions for such violations.
(4) Violation of any provision of ORS 476.510 to 476.610 is a
misdemeanor.
(5) Subject to ORS 153.022, violation of ORS 476.710 { - , - }
{ + or + } 476.715 or of any rule or regulation of the
{ + State Parks and Recreation + } Department { - of
Transportation - } promulgated thereunder is punishable, upon
conviction, by a fine not exceeding $500 or imprisonment in the
county jail not exceeding six months, or both.
{ + NOTE: + } Corrects syntax and inserts correct reference
to state agency in (5).
SECTION 217. ORS 478.010 is amended to read:
478.010. (1) A rural fire protection district may be formed in
the manner set forth in ORS 478.010 to 478.100.
(2) A district may not include:
(a) Territory within a city unless otherwise authorized by law.
(b) Territory within a water supply district organized under
ORS chapter 264 if the district has previously been authorized by
its electors to exercise the fire protection powers prescribed by
ORS 264.340.
(c) Forestlands included within a forest protection district
under ORS 477.205 to 477.281 unless the owner consents and
notifies the rural fire protection district, however, forestland
protected pursuant to ORS 477.205 to 477.281 and not exceeding
five acres in one ownership shall be included in the rural fire
protection district without the owner's consent if the ownership
includes any structures subject to damage by fire. Forestland
included in a rural fire protection district under this
subsection subjects the forestland to assessments for fire
protection by the rural fire protection district and the forest
protection district.
(d) Railroad rights of way or improvements thereon or rolling
stock moving thereover unless the owner of such property
consents.
(e) Ocean { - shore lands - } { + shores + } as defined by
ORS 390.605
{ - (2) - } .
{ + NOTE: + } Corrects terminology in (2)(e).
SECTION 218. ORS 479.630 is amended to read:
479.630. Upon payment of applicable examination and license
fees required under ORS 479.840, the Department of Consumer and
Business Services shall issue:
(1) An electrical contractor's license to a person engaging in
or carrying on a business of making electrical installations who
has complied with ORS 479.510 to 479.945 and the rules issued
thereunder.
(2) A general supervising electrician's license to a person
who:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the Electrical and Elevator
Board that the person has had at least four years of experience
as a general journeyman electrician or its equivalent, as
determined by the board by rule, in installing, maintaining and
repairing electrical wires and equipment.
(3) A limited supervising electrician's license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to supervise the class of electrical
work included in the branch of the electrical trade and for which
the person has passed the examination administered by the
department. A person qualifies under this subsection if the
person:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the board that the person has
had at least four years of specialized experience in a recognized
branch of the electrical trade on the journeyman level.
(4) A general journeyman electrician's license to a person who:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the board that:
(A) The person has had at least four years of general
experience as an apprentice or its equivalent, as determined by
the board by rule, in installing, maintaining and repairing
electrical wires and equipment, including not fewer than 1,000
hours in wiring on single or multifamily dwelling units; or
(B) If the person is licensed as a limited residential
electrician under subsection (14) of this section, subsequent to
receiving that license, the person has worked for at least two
years as a limited residential electrician and subsequent to
those two years has completed an additional two years' experience
as an apprentice or its equivalent, as determined by the board by
rule, for that period of apprenticeship time worked exclusively
in installing, maintaining and repairing electrical wires and
equipment in the commercial and industrial branches of the
electrical trade under the supervision of a licensed electrical
contractor.
(5) A limited journeyman electrician's license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the
person has passed the examination administered by the department.
A person qualifies under this subsection if the person:
(a) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the board that the person has
had at least four years of specialized experience as an
apprentice or its equivalent, as determined by the board by rule,
in a recognized branch of the electrical trade.
(6) A limited elevator journeyman license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to install, maintain and repair
elevators, including all electrical and mechanical systems. A
person qualifies under this subsection if the person has
completed an elevator apprenticeship program, including both
electrical and mechanical training components, approved by the
Electrical and Elevator Board by rule and the person submits an
application for licensure to the board in writing. A
{ - license - } { + person + } issued { + a license + } under
this subsection is exempt from continuing education requirements
established under ORS 479.650 and 479.680.
(7) An electrical apprentice's license to a person who:
(a) Has complied with ORS chapter 660 as an electrical
apprentice; and
(b) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder.
(8) An electrical apprentice's license to a trainee toward a
limited residential electrician's license who:
(a) Has complied with ORS chapter 660 as an electrical
apprentice; and
(b) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder.
(9) An electrical apprentice's license to a trainee toward a
limited journeyman's license in a recognized branch of the
electrical trade who is employed by an employer who also:
(a) Employs a holder of either a general journeyman
electrician's license or a limited journeyman electrician's
license; and
(b) Conducts an electrical training program in such a
recognized branch of the electrical trade approved by the
Electrical and Elevator Board as being a training program which
will adequately prepare the trainee for such limited journeyman's
license providing that such trainee has complied with ORS 479.510
to 479.860 and the rules issued thereunder.
(10) A limited maintenance electrician's license to a person
who qualifies under this subsection. A person licensed under this
subsection is authorized to maintain, repair and replace
electrical installations, including electrical components,
required on the premises of industrial plants, commercial office
buildings, buildings occupied by the state or a local government
entity or facilities designated by the Electrical and Elevator
Board. The following apply to this subsection:
(a) A person qualifies under this subsection if the person:
(A) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(B) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department on repair,
replacement and maintenance of equipment of the type and nature
normally used in an industrial plant, commercial office building
or government building and on the use of testing equipment; and
(C)(i) Completes a two-year training program approved by the
board that provides for training and supervision of the trainee
or apprentice; or
(ii) Submits proof satisfactory to the board that the person
has had sufficient experience and related educational training in
the repair, replacement and maintenance of electrical wiring and
equipment of the type and nature used in an industrial plant,
commercial office building or government building, as determined
by the board or by an appropriate local apprenticeship committee
recognized by the State Apprenticeship and Training Council.
(b) No worker or applicant for license under this subsection
shall be deemed in violation of this chapter by reason of
electrical maintenance, replacement and repair work performed
during the period of required experience whenever required prior
to August 9, 1961. An annual inspection of the premises upon
which electrical work is performed by persons licensed under this
subsection shall be made by the electrical inspector for an
annual fee determined by the board by rule, based upon the time
required for the inspection, payable to the department.
(c) A person licensed under this subsection may be employed
directly by the owner, or owner's agent, of any government
building or commercial office building. A building owner or
owner's agent need not be licensed under this section to
supervise a limited maintenance electrician.
(d) The Department of Consumer and Business Services, in
consultation with the appropriate board, shall adopt rules
defining government buildings and commercial office buildings
subject to this subsection.
(11) A limited building maintenance electrician's license to a
person who qualifies under this subsection. The following apply
to this subsection:
(a) A person licensed under this subsection is authorized to
maintain, repair and replace the following electrical
installations required on the premises of commercial office
buildings, buildings occupied by the state or a local government
entity or facilities designated by the board in electrical
systems not exceeding 300 volts to ground:
(A) Electrical appliances;
(B) Light switches;
(C) Light fixtures;
(D) Fans;
(E) Receptacles; and
(F) Fluorescent ballasts.
(b) A person qualifies under this subsection if the person:
(A) Has complied with ORS 479.510 to 479.945 and the rules
issued thereunder;
(B) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department on maintenance,
repair and replacement of equipment of the type and nature
normally used in a commercial office building or government
building and on the use of testing equipment; and
(C) Submits proof satisfactory to the board that the person
has:
(i) Had sufficient experience in the maintenance, repair and
replacement of electrical wiring and equipment of the type and
nature normally used in a commercial office building or
government building; or
(ii) Completed a one-year training course, with classroom and
on-the-job training components approved by the board, on the
maintenance, repair and replacement of electrical wiring and
equipment of the type and nature normally used in a commercial
office building or government building.
(c) An annual inspection of the premises upon which electrical
work is performed by persons licensed under this subsection shall
be made by the electrical inspector for an annual fee determined
by the board by rule, based upon the time required for the
inspection, payable to the department, or the inspection shall be
performed under an electrical master permit program.
(d) Building owners may perform work regulated by this
subsection and for which a license is required under this
subsection without obtaining a license.
(e) A person who owns more than 50 percent of a corporation
that controls a building is a building owner.
(f) A person licensed under this subsection may be employed by
the owner of a commercial office building or the owner's agent.
A building owner or owner's agent need not be licensed under this
section to supervise a limited building maintenance electrician.
(12) A limited maintenance specialty contractor license to a
person who qualifies under this subsection. A person licensed
under this subsection is authorized to engage in the electrical
work related to the repair, service, maintenance, installation or
replacement of existing, built-in or permanently connected
appliances, fluorescent ballasts or similar equipment and to
employ individuals to engage in such work. Nothing in this
subsection allows the installation of appliances, ballasts or
other equipment if there is no existing installation of similar
equipment. A person qualifies under this subsection if the person
submits:
(a) Proof satisfactory to the board that the person has had
sufficient experience in the type of work permitted under the
license issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this
subsection.
(13) A limited pump installation specialty contractor license
to a person who qualifies under this subsection. A person
licensed under this subsection is authorized to engage in
electrical work related to the testing, repair, service,
maintenance, installation or replacement of new or existing pump
equipment for potable or irrigation water systems, sump pumps,
effluent pumps and ground water pumps on residential and
agricultural property, to employ individuals to engage in such
work. A person qualifies under this subsection if the person
submits:
(a) Proof satisfactory to the board that the person has had
sufficient experience in the type of work permitted under the
license issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this
subsection.
(14) A limited residential electrician's license to a person
who qualifies under this subsection. A person licensed under this
subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the
person has passed the examination administered by the department
and approved by the board. However, a person licensed under this
subsection shall perform the electrical work allowed by the
license only on single and multifamily dwelling units not
exceeding three floors above grade. For purposes of this
subsection, the first floor of a building shall be that floor
which is designed for human habitation and which has 50 percent
or more of its perimeter level with or above finished grade of
the exterior wall line. A person qualifies under this subsection
if the person:
(a) Has complied with ORS 479.510 to 479.945 and rules issued
under those sections;
(b) Has received the same number of hours of electrical safety
training as required by rule for an electrical apprentice or its
equivalent and who has received training in electrical theory;
(c) Submits documented proof to the board of at least two years
of apprenticeship or trainee experience in residential wiring of
single and multifamily dwelling units or its equivalent, as
determined by the board by rule; and
(d) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department.
(15) A Class I or Class II oil module electrician's license to
a person who:
(a) Has complied with ORS 479.510 to 479.945 and the rules
adopted pursuant thereto; and
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department.
(16) Notwithstanding any other provision of this chapter, the
board shall not administer an examination nor shall the
department issue any license to a person whose practical
experience qualification for the license is based upon training
or experience in another state if the board determines that such
training or experience is not equivalent to the standards for
electrical training programs prescribed in this state.
{ + NOTE: + } Corrects syntax in (6).
SECTION 219. ORS 480.215 is amended to read:
480.215. Possession of an explosive shall not be transferred
unless:
(1) The transferee holds a certificate of possession under ORS
480.235 and the certificate is valid at the time of the transfer;
(2) The transferee is licensed { + by the Bureau of Alcohol,
Tobacco and Firearms + } as a manufacturer of explosives or a
dealer in explosives { - by the Bureau of Alcohol, Tobacco and
Firearms - } ; or
(3) The transferee is a consignee of explosives that have been
transported under the jurisdiction of or in conformity with
regulations adopted by the United States Department of
Transportation.
{ + NOTE: + } Corrects syntax in (2).
SECTION 220. ORS 480.355 is amended to read:
480.355. (1) Notwithstanding ORS 480.345, upon application from
the owner or operator of a nonretail facility, the State Fire
Marshal may issue a conditional use license under which the
nonretail facility may permit persons who are not qualified as
nonretail customers under ORS 480.345 (2) to (4) to dispense
Class 1 flammable liquids at a nonretail facility.
(2) In issuing a conditional use license, the State Fire
Marshal may waive the nonretail customer requirements of ORS
480.345 (2) to (4), but may not waive safety training
requirements contained in ORS 480.345.
(3) The State Fire Marshal may issue a conditional use license
under this section if the State Fire Marshal determines that:
(a) There is no facility where Class 1 flammable liquids are
dispensed by attendants at retail within seven miles of the
nonretail facility, and other undue hardship conditions exist, as
may be determined by the State Fire Marshal by rule;
(b) The nonretail facility exists on property used as a
private, nonprofit golf club not open to the general public and
the private, nonprofit golf club members who are not qualified as
nonretail customers use the nonretail facility only for the
fueling of vehicles that are used exclusively on the property of
the private, nonprofit golf club and are not designed for highway
use; or
(c) The nonretail facility exists at an airport registered,
licensed or recognized as an airport by the { - Department of
Transportation - } { + Oregon Department of Aviation + }, and
persons who are not qualified as nonretail customers use the
nonretail facility only for the fueling of aircraft.
(4) The State Fire Marshal shall consider comments of local
residents or local government bodies to determine if undue
hardship exists.
(5) The provisions of ORS 480.345 and 480.350 apply to a
license application made under this section, except those
provisions whose applicability is waived by the State Fire
Marshal under this section.
(6) The applicant for a conditional use license shall bear the
burden of proof that the requirements of this section and of any
rules of the State Fire Marshal adopted pursuant to this section
are satisfied.
(7) The State Fire Marshal shall investigate any application
made under this section and hold at least one public hearing to
determine if the conditional use license should be issued. The
State Fire Marshal may waive the requirement for a hearing if the
application for a conditional use license is made by a private,
nonprofit golf club or by an airport described in subsection
(3)(c) of this section.
(8) Any person who makes application as provided for in this
section, and whose application is denied, shall be entitled to a
hearing upon request. The hearing shall be conducted as a
contested case hearing pursuant to the applicable provisions of
ORS 183.413 to 183.470.
(9) Judicial review of an order made after a hearing under
subsection (7) of this section shall be as provided in ORS
183.480 to 183.497 for judicial review of contested cases.
{ + NOTE: + } Inserts correct official title in (3)(c).
SECTION 221. ORS 480.432 is amended to read:
480.432. (1) A person shall not engage in or work at the
business of installing, extending, altering or repairing any LP
gas appliance or piping, vent or flue connection pertaining to or
in connection with LP gas installations within the state, either
as employer or individual, unless such person has received an LP
gas installation license from the State Fire Marshal in
accordance with ORS 480.410 to 480.460.
(2) A person shall not do any LP gas fitting or gas venting
work, install, repair or remodel any piping or venting nor any
installation, repair service, connection or disconnection of any
LP gas appliance which is subject to inspection under ORS 480.410
to 480.460 unless the person has received an LP gas fitter
license from the State Fire Marshal in accordance with ORS
480.410 to 480.460.
(3) { - No - } { + A + } person shall { + not + } operate
any LP gas delivery equipment installed on a motorized vehicle
unless the person has received an LP gas truck equipment license
from the State Fire Marshal in accordance with ORS 480.410 to
480.460.
(4) Any person under the terms of this section who is required
to have an LP gas fitter or LP gas truck equipment license is
also required to have an LP gas installation license, unless the
person is an employee of an employer who has an LP gas
installation license as provided by this section.
(5) A person who holds a valid journeyman plumber's certificate
under ORS 693.060 or who is in an approved journeyman plumber
apprenticeship established under ORS chapter 660 is exempt from
the licensing requirements of subsections (1) and (2) of this
section, except that the apprentice or journeyman plumber may not
install an LP gas tank or make any connection to an LP gas tank
unless the apprentice or journeyman plumber is licensed as
required under this section.
(6) The provisions of this section shall not apply to LP gas
installations in a manufactured dwelling or recreational vehicle
performed during the construction of the manufactured dwelling or
recreational vehicle, or the alteration or repair of an LP gas
installation in a manufactured dwelling or recreational vehicle
made pursuant to the manufacturer's warranty.
{ + NOTE: + } Corrects syntax in (3).
SECTION 222. ORS 480.575 is amended to read:
480.575. (1) A special inspector's certificate of competency
may be suspended or revoked by the Board of Boiler Rules for
incompetency, untrustworthiness or for any willful falsehood in
the special inspector's application or in any inspection report.
(2) A certificate of competency shall not be suspended or
revoked until after a hearing has been held before the board. The
special inspector and the employer of the special inspector are
entitled to appear at such hearings and to be heard.
(3) The board shall deliver to both the special inspector
charged and to the employer of the special inspector, not less
than 10 days prior to the hearing, a written notice of the
charges and of the time and place of such hearing.
(4) The chief inspector appointed under ORS 480.565 may
temporarily suspend a special inspector's certificate of
competency pending a hearing before the board under this section.
The hearing shall be held within 45 days of the date the special
inspector's certificate is suspended. A temporary suspension
under this subsection shall not be effective for more than 45
days.
(5) A special inspector whose certificate of competency has
been suspended or revoked may apply for the reinstatement thereof
not less than 90 days after the time of { + suspension or + }
revocation.
{ + NOTE: + } Corrects syntax in (5).
SECTION 223. ORS 497.022 is amended to read:
497.022. (1) The State Fish and Wildlife Commission may appoint
agents to issue any of the licenses, tags or permits the
commission is authorized by law to issue. The commission shall
prescribe the procedure for the issuance of such licenses, tags
and permits. Agents of the commission shall issue licenses, tags
and permits in accordance with the prescribed procedure and shall
charge and collect the fees prescribed by law therefor.
(2) In addition to the fees prescribed by law for the issuance
of a license, tag or permit, the issuing agent shall charge and
collect $5 for each resident annual { - sportsman's - } { +
sportsperson's + } license issued pursuant to ORS 497.132 (2)(a)
and $1.50 each for any other license, tag or permit. If the agent
is a county clerk, the agent shall deposit such additional fees
in the general fund of the county for which the agent is the
clerk. If the agent is an employee of the State Department of
Fish and Wildlife, the moneys shall be deposited in the State
Wildlife Fund. Agents other than county clerks or department
employees who issue licenses without the use of a state
computerized licensing system may retain such additional fees for
their license tag or permit issuance services. Agents other than
county clerks or department employees who issue licenses, tags or
permits using a state computerized licensing system may retain
such portion of the additional fees, but not less than $2.50 for
each resident annual
{ - sportsman's - } { + sportsperson's + } license issued
pursuant to ORS 497.132 (2)(a) or 75 cents for any other license,
tag or permit, as may be specified by contract between the
department and the agent for license, tag or permit issuance
service performed by the agent.
(3) If the commission finds that an agent appointed pursuant to
this section has violated any of the provisions of law or the
procedures prescribed by the commission for the issuance of
licenses, tags or permits or the collection and disposition of
fees therefrom, the commission may revoke the authority of the
agent to issue licenses, tags and permits, or may suspend such
authority for such time as the commission considers appropriate.
{ + NOTE: + } Eliminates gender-specific language in (2).
SECTION 224. ORS 506.521 is amended to read:
506.521. Each member of the State Fish and Wildlife Commission,
the State Fish and Wildlife { - Commission - } Director and
every inspector, deputy fish warden, special deputy fish warden,
and all peace officers of this state or any political subdivision
therein, shall enforce the commercial fishing laws within their
respective jurisdictions. In the performance of these duties such
officers are subject to the direction and control of the
commission or director.
{ + NOTE: + } Corrects official title.
SECTION 225. ORS 516.030 is amended to read:
516.030. The State Department of Geology and Mineral Industries
shall:
(1) Initiate and conduct studies and surveys of the geological
and mineral resources of the state and their commercial utility.
(2) Conduct as a continuing project a geological survey of
Oregon, including quadrangle geologic mapping, either as a
department undertaking or jointly with federal or other agencies.
(3) Initiate, carry out or administer studies and programs that
will, in cooperation with universities, federal, state and local
government agencies, reduce the loss of life and property by
understanding and mitigating { - geological - }
{ + geologic + } hazards. These studies and programs may include
but need not be limited to:
(a) Statewide hazard assessment, including identification and
mapping of geologic hazards, estimation of their potential
consequences and likelihood of occurrence and monitoring and
assessment of potentially hazardous geologic activity;
(b) Studies of paleoseismicity including but not limited to
providing evidence of whether prehistoric subduction zone and
crustal earthquakes have occurred in Oregon;
(c) Operation of a state seismic network in cooperation with
universities or federal agencies or both through the strategic
placement of instrumentation to monitor earthquake activity as it
occurs; and
(d) Operation of a state geodetic network through the
monitoring and periodic survey of markers in order to detect
modern deformation of the earth's crust and the subsequent
buildup of stress.
(4) Consider and study kindred scientific and economic
questions in the field of geology and mining that are deemed of
value to the people of Oregon.
(5) Cooperate with federal or other agencies for the
performance of work in Oregon deemed of value to the state and of
advantage to its people, under rules, terms and conditions to be
arranged between the governing board of the State Department of
Geology and Mineral Industries and such agencies. But in no case
shall the cost to the department be in excess of the amount
appropriated therefor, and the results of any joint undertakings
shall be made available without restrictions to this department.
(6) Serve as a bureau of information and advisory services
concerning geologic resources and hazards, including maintenance
of a library, a public education program and a geologic database;
review of functions; expert advice to federal, state and local
government agencies; and operation of a clearinghouse for
post-hazard event earth science investigations. The department
shall provide technical assistance to local governments on
aggregate mining and reclamation during preparation and amendment
of comprehensive plans and land use regulations.
(7) Serve as a bureau of information concerning Oregon mineral
resources, mineral industries and geology, conduct a mineral
survey of the state, and catalog each and every mineral
occurrence and deposit, metallic and nonmetallic, together with
its location, production, method of working, name of owner or
agent, and other detailed information capable of being tabulated
and published in composite form for the use, guidance and benefit
of the mineral industry of the state and of the people in general
and deemed necessary in compiling mineral statistics of the
state.
(8) Collect a library of literature describing the geology and
mineral deposits, metallic and nonmetallic, of Oregon.
(9) Make qualitative examinations of rocks, mineral samples and
specimens.
(10) Study minerals and ores, additional uses for the state's
minerals, and explore the possibilities for using improved
treatment, processes, mining methods and reclamation techniques
for regulated mines and abandoned mined lands.
(11) Establish in the department or in cooperation with
universities and other organizations a repository for drill cores
and samples considered by the department to be of long term use
in developing information.
{ + NOTE: + } Corrects word choice in (3).
SECTION 226. ORS 517.830 is amended to read:
517.830. (1) Except as provided in subsection (3)(a) and (b) of
this section, upon receipt of an application for an operating
permit, the State Department of Geology and Mineral Industries
shall cause the operating site described therein to be inspected.
Within 45 days after the date on which such application is
received and upon receipt of the required permit fee, the
department shall issue the operating permit applied for or, if it
considers such application incomplete, return the application to
the applicant for correction of the deficiencies indicated by the
department.
(2) Failure by the department to act upon the reclamation plan
submitted with an application for an operating permit within the
45-day period referred to in subsection (1) of this section shall
not be considered a denial by the department of the operating
permit applied for. The department, pending final approval of a
reclamation plan, may issue a provisional permit subject to
reasonable limitations that may be prescribed by the department
and conditioned upon the applicant's compliance with the bond and
security requirements established by ORS 517.810.
(3)(a) Notwithstanding the provisions of subsections (1) and
(2) of this section, if an application involves an aggregate site
that requires a permit issued pursuant to ORS { - 215.428 - }
{ + 215.427 + } or 227.178, and if the local jurisdiction
requests that the application not be decided until the local
jurisdiction has taken final action, the department shall make a
final decision on the operating permit and reclamation plan no
later than 165 days after the date a complete land use
application is submitted to the local jurisdiction, unless the
applicant agrees to allow additional time under ORS
{ - 215.428 - } { + 215.427 + }, 215.429, 227.178 or 227.179.
If a plan amendment is required as part of issuance of a permit,
the provisions of paragraph (b) of this subsection apply. The
department shall not approve an operating permit and reclamation
plan if the land use application is denied.
(b) Notwithstanding the provisions of subsections (1) and (2)
of this section, if an application involves an aggregate site
that requires a comprehensive plan amendment, and if the local
jurisdiction requests that the application not be decided until
the local jurisdiction has taken final action on the plan
amendment, the department shall not make a final decision on the
operating permit and reclamation plan until the local
jurisdiction has taken final action on the plan amendment. The
department shall make its final decision within 45 days of the
date that the local jurisdiction has taken final action on the
plan amendment. The department shall not approve an operating
permit and reclamation plan if the plan amendment is denied.
(c) Conditions and requirements imposed on an operating permit
and reclamation plan, and modifications thereto, issued
subsequent to issuance of a local jurisdiction permit shall be
compatible with the requirements and conditions of the local
government permit, unless more stringent requirements are
necessary to comply with the provisions of ORS 517.750 to
517.901.
(d) If a local jurisdiction does not request that the
department delay a decision on an operating permit and
reclamation plan as provided in paragraphs (a) and (b) of this
subsection, the department shall give the local jurisdiction the
opportunity to review and comment on the application, and shall
notify the local jurisdiction of the decision and requirements
and conditions imposed by the department.
(4) If the department refuses to approve a reclamation plan in
the form submitted by the applicant, it shall notify the
applicant, in writing, of its reasons for the refusal to approve
such reclamation plan, including additional requirements as may
be prescribed by the department for inclusion in such reclamation
plan. Within 60 days after the receipt of such notice, the
applicant shall comply with the additional requirements
prescribed by the department for such reclamation plan or file
with the department a notice of appeal from the decision of the
department with respect to such reclamation plan. If a notice of
appeal is filed with the department by the applicant, the
department may issue a provisional permit to such applicant.
(5) An operating permit issued by the department under this
section shall be granted for the period required to mine the land
described in such permit and shall be valid, subject to payment
of the renewal fee, until the surface mining operation described
in the operating permit is completed or mining operations cease
and the site is reclaimed. Each such operating permit shall
provide that the operating permit and the reclamation plan
described therein may be modified upon agreement between the
department and the permittee to change the reclamation plan
included within the operating permit. In addition, for operating
permits first issued or expanded after October 23, 1999, the
department may modify an operating permit and reclamation plan as
necessary to address new information or changed conditions for
site conditions that will result in substantial harm to off-site
public or private property and that relate to slope stability,
surface mining activities that will result in a taking of
endangered species or channel changes that threaten pit wall
stability. Upon a determination that the activity will result in
substantial harm, the department shall meet with the permittee to
discuss the proposed modifications to the operating permit and
reclamation plan. A final determination by the department to
require a unilateral modification of an operating permit and
reclamation plan shall be based on clear and convincing
scientific evidence. Any modification required by the department
shall be limited to those areas and matters affected by the new
information or changed conditions.
(6) The department may not require a unilateral modification of
an operating permit and reclamation plan under subsection (5) of
this section without first providing the permittee an opportunity
for an alternative means of dispute resolution as authorized by
ORS 183.502.
(7) When a person succeeds to the interest of a permittee in
any uncompleted surface mining operation by sale, assignment,
lease or other means, the department shall release the permittee
from the duties imposed upon the permittee under the operating
permit if a successor assumes fully the duties of the former
permittee with respect to the reclamation of the surface-mined
lands. Upon the assumption by such person of the duties of the
permittee as provided in this subsection, the department shall
transfer the operating permit to the successor upon the approval
of such successor's bond or security as required under ORS
517.702 to 517.989.
(8) If an application is submitted as part of the consolidated
application process under ORS 517.952 to 517.989, review of the
application and approval or denial of the application shall be in
accordance with ORS 517.952 to 517.989. However, such review and
approval or denial shall take into consideration all policy
considerations for issuing a permit under ORS 517.702 to 517.989.
{ + NOTE: + } Corrects ORS references in (3)(a).
SECTION 227. ORS 537.346 is amended to read:
537.346. (1) All minimum perennial streamflows established on
any waters of this state before June 25, 1988, shall be converted
to in-stream water rights after the Water Resources Commission
reviews the streamflows and the Water Resources Department issues
a certificate for an in-stream water right in accordance with ORS
537.343 with the same priority date as the minimum perennial
streamflow.
{ - (2) If a minimum perennial streamflow established on any
waters of the Willamette Basin before September 27, 1987,
requires stored water to achieve the minimum perennial
streamflow, the commission shall conduct a hearing under ORS
537.343 to review the minimum perennial streamflow and determine
whether the conversion to an in-stream water right is consistent
with the findings under ORS 537.334. - }
{ - (3) - } { + (2) + } The priority date for that portion
of an in-stream water right that uses the stored water component
of a minimum perennial streamflow in the Willamette Basin shall
be the date the commission or its predecessor adopted the minimum
perennial streamflow containing the stored water component.
{ - (4) - } { + (3) + } Notwithstanding the priority date
established under subsection { - (3) - } { + (2) + } of this
section, until the state enters into a contract that meets the
criteria set forth in subsection { - (5) - } { + (4) + } of
this section with the owner of the storage facility to release
the stored water for the purpose of satisfying the in-stream
water right, for that portion of an in-stream water right in the
Willamette Basin converted from the stored water component of a
minimum perennial streamflow, the department:
(a) May not require the release of the stored water; and
(b) Shall not regulate the use of water to provide water for
the portion of the in-stream water right using stored water.
{ - (5) - } { + (4) + } A contract for the release of
stored water to satisfy an in-stream water right shall:
(a) Include as parties to the contract the State of Oregon and
the owner of the storage facility;
(b) Specifically allow the state to obtain the release of
stored water to satisfy an in-stream water right; and
(c) Identify a method to determine the specific quantity of
water released from storage to satisfy the stored water component
of the in-stream water right.
{ - (6) - } { + (5) + } If the federal government does not
release water to satisfy a stored water component of an in-stream
water right pursuant to a contract that satisfies the criteria
set forth in subsection { - (5) - } { + (4) + } of this
section, the department may not regulate the use of water by
other water right holders to satisfy the stored water component
of an in-stream water right or take any other action that impairs
the rights of any person under a valid contract for the use of
the stored water.
{ + NOTE: + } Deletes obsolete provision; corrects subsection
references in (4) and (6).
SECTION 228. ORS 541.390 is amended to read:
541.390. In addition to the duties conferred on the Natural
Resources Division { + of the State Department of
Agriculture + } under ORS 561.400 and 568.210 to 568.808 and
568.900 to 568.933, the division shall:
(1) In cooperation with the Oregon Watershed Enhancement Board,
provide appropriate personnel who, under the direction of the
board, shall:
(a) Serve as community advisors to cooperatively develop
watershed enhancement projects with volunteers; and
(b) Cooperatively evaluate watershed enhancement projects with
those responsible for project implementation.
(2) Provide technical assistance to individuals responsible for
implementation of a watershed enhancement project.
(3) Work with the Oregon Watershed Enhancement Board to
coordinate the implementation of enhancement projects with the
activities of other agencies, including but not limited to, those
state and federal agencies participating in coordinated resource
management planning.
{ + NOTE: + } Clarifies official title in lead-in.
SECTION 229. ORS 543.710 is amended to read:
543.710. Every claimant other than a licensee under ORS 543.010
to 543.610 shall on or before January 1 of each year pay to the
state in advance an annual fee based upon the theoretical water
horsepower claimed under each separate claim to water, graduated
as follows: Thirty cents for each theoretical water horsepower or
fraction thereof up to and including 50 and 28 cents for each
theoretical water horsepower or fraction thereof in excess of 50.
However, upon filing the statement provided in ORS 543.720, the
United States or the state, claiming the right to the use of
water to any extent for the generation of power, or any other
claimant to the right to use water for the generation of 10
theoretical water horsepower or less, shall be exempted from the
payment of all fees provided for in this section. Four cents of
each 28 cents collected as { - a reauthorization - } { + an
annual + } fee under this section shall be deposited to the Water
Resources Department Hydroelectric Fund and disbursed to the
Department of Environmental Quality.
{ + NOTE: + } Corrects terminology.
SECTION 230. ORS 543.820 is amended to read:
543.820. The Hydroelectric Power Commissioner shall collect
data concerning hydroelectric resources of the navigable streams
in Oregon and along its boundaries, and present them to the
Federal { - Power - } { + Energy Regulatory + } Commission or
its successor. The commissioner shall urge upon the Federal
{ - Power - } { + Energy Regulatory + } Commission or its
successor the merit and desirability of any hydroelectric project
in any navigable stream above referred to which the commissioner
may deem worthy of presentation from the information available to
the commissioner. The commissioner shall use all agencies at the
command of the commissioner in securing necessary information and
in urging upon the Federal { - Power - } { + Energy
Regulatory + } Commission or its successor the merits of any
Oregon project. The commissioner also may act in conjunction with
any commission or other accredited officials of adjoining states
in order to present the claim of any project which may be located
in any navigable stream flowing between Oregon and the other
state.
{ + NOTE: + } Corrects official title.
SECTION 231. ORS 565.275 is amended to read:
565.275. (1) A fair district shall constitute a municipal
corporation of this state, and a public body, corporate and
politic, exercising public power. A fair district may:
(a) Have and use a common seal.
(b) Sue and be sued { - by - } { + in + } its name.
(c) Make and accept any and all contracts, deeds, leases,
releases and documents of any kind that, in the judgment of the
district board, are necessary or proper to the exercise of any
power of the district, and to direct the payment of all lawful
claims or demands.
(d) Assess, levy and collect taxes to pay the cost of acquiring
sites for the county fair and constructing, reconstructing,
altering, operating and maintaining the ground and all other
property devoted to the use of the county fair, the expenses
incurred in the business management and financial and other
affairs of the county fair and any lawful claims against the
district.
(e) Employ all necessary agents and assistants.
(f) Call elections after the formation of the district.
(g) Generally do any acts necessary and proper to the complete
exercise and effect of any of its powers or the purposes for
which it was formed.
(2) The officers of the district shall be a board of five
members elected by the electors of the district. The district
board shall be the governing body of the district and shall
exercise all powers of the district.
(3) Five district board members shall be elected at the
election for district formation. If the effective date of the
formation of the district occurs in an odd-numbered year, two
district board members shall be elected for four-year terms and
the other three district board members shall be elected for
two-year terms. If the effective date of the formation occurs in
an even-numbered year, two district board members shall be
elected for three-year terms and the other three district board
members shall be elected for one-year terms. The district board
members shall be elected at large by position number. Each
district board member shall hold office until election and
qualification of a successor.
(4) ORS chapter 255 governs the nomination and election of
district board members and the conduct of district elections.
(5) The district board in each year shall determine and fix the
amount of money to be levied and raised by taxation for the
purposes of the district.
(6) A county may convey or otherwise transfer public property
to a fair district as provided by law.
{ + NOTE: + } Corrects word choice in (1)(b).
SECTION 232. ORS 571.180 is amended to read:
571.180. (1) No grower, dealer or agent shall:
(a) Sell nursery stock representing it to be a name, age or
variety different from what the nursery stock actually is.
(b) Represent that any nursery stock is a new variety, when in
fact it is a standard variety and has been given a new name.
(c) Sell or represent cormels as corms or bulblets as bulbs.
(2) In addition to the provisions of ORS 632.450 to 632.490 and
632.900 to 632.985, all other laws relating to labeling and the
provisions of subsection (1) of this section, the grower, dealer
or agent shall attach to every bundle of fruit-bearing trees sold
or shipped within this state a tag or label specifying the name
of the variety of trees contained therein. If the bundle shall
contain trees of different varieties, such label or tag shall be
attached to each tree or group of trees of the same variety. The
purchaser of any fruit-bearing tree or trees not true to name as
specified on such tag or label, shall have a remedy at law in a
civil action to recover the damages sustained. Such action may be
brought at any time prior to the third bearing year.
{ - (3) 'Horticultural products' as defined in ORS 632.450
and 632.900 includes nursery stock. - }
{ + NOTE: + } Deletes redundant provision. See amendments to
632.450 and 632.900 by sections 245 and 246.
SECTION 233. ORS 596.100 is amended to read:
596.100. (1) No person shall sell, offer or expose for sale, or
deliver to a user, an animal remedy, veterinary biologic or
pharmaceutical, in package or in bulk, which has not been
registered with the State Department of Agriculture. Products
regulated under the Federal Insecticide, Rodenticide and
Fungicide Act which are registered with the department under ORS
chapter 634 are not required to be registered under { - ORS
596.095 to 596.105, 596.990 (3) and 596.995 - } { + this
section + }. Except as otherwise provided by law, the
manufacturer of each brand of animal remedy, veterinary biologic
and pharmaceutical to be sold in the state, whether in package or
in bulk, shall register those products with the department
annually. Manufacturers who sell more than one animal remedy,
veterinary biologic or pharmaceutical in the state may register
all such products on one application.
(2) The application for registration of an animal remedy,
veterinary biologic or pharmaceutical shall be made on forms
provided by the department and shall be accompanied by an annual
registration fee for each product in an amount not to exceed $75
as the department, by rule, shall determine. The application for
registration shall be made by July 1 of each year and shall be
accompanied by a list of the animal remedies, veterinary
biologics and pharmaceuticals the applicant for registration
expects to market during the ensuing year.
(3) The department shall deposit all fees received in the
Department of Agriculture Service Fund, and such fees are
continuously appropriated to the department for the purpose of
administering and enforcing ORS chapters 596 and 599.
{ + NOTE: + } Inserts correct internal reference in (1).
SECTION 234. ORS 596.990 is amended to read:
596.990. (1) Violation of any of the provisions of ORS 596.075,
596.321, 596.331 (1) or (3), 596.351, 596.388, 596.392 (1) to (3)
or (6), 596.404 to 596.416 or 596.460, or of any lawful order of
the State Department of Agriculture issued pursuant to this
chapter, is a Class A violation.
(2) Violation of any of the quarantine provisions of ORS
596.331 (2), 596.355, 596.392 (4) or (5) or 596.394 to 596.402 is
punishable, upon conviction, by a fine of not less than $500 nor
more than $5,000.
(3) Violation of any of the provisions of { - this subsection
or ORS 596.095 to - } { + ORS 596.100 or + } 596.105 { - or
596.995 - } or rules adopted thereunder is a misdemeanor.
{ + NOTE: + } Corrects ORS references in (3).
SECTION 235. ORS 596.995 is amended to read:
596.995. (1) Any manufacturer of an animal remedy, veterinary
biologic or pharmaceutical who violates any provision of ORS
{ - 596.095 to - } { + 596.100 or + } 596.105 { - , 596.990
(3) and 596.995 - } applicable to manufacturers { - , - }
{ + or + } any rule adopted pursuant thereto or the terms or
conditions of any license, registration or order issued by the
State Department of Agriculture under ORS
{ - 596.095 to - } { + 596.100 or + } 596.105 { - , 596.990
(3) and 596.995 - } shall be subject to a civil penalty not to
exceed $2,500 per violation. Civil penalties under this section
are in addition to any other penalty provided by law.
(2) Each violation may be a separate and distinct offense, and,
in the case of a continuing violation, each day's continuance
thereof may be deemed a separate and distinct offense.
(3) The department shall adopt a schedule or schedules
establishing the amount of civil penalty that may be imposed for
a particular violation.
(4) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.090.
{ + NOTE: + } Corrects ORS references and syntax in (1).
SECTION 236. { + ORS 603.059 is added to and made a part of
ORS chapter 603. + }
{ + NOTE: + } Adds statute to appropriate chapter series.
SECTION 237. ORS 603.992 is amended to read:
603.992. (1) Except as provided in { - subsection (2) - }
{ + subsections (2) and (3) + } of this section, violation of
this chapter, or rules promulgated thereunder, is a misdemeanor.
(2) Violation of ORS 603.065 is a Class B misdemeanor.
{ + (3) Violation of ORS 603.059 is a Class D violation. If
the nuisance is not removed within five days after the first
offense, it is considered a second offense, and every like
neglect of each succeeding five days thereafter is considered an
additional offense. + }
{ + NOTE: + } Adds provision to appropriate statute. See
section 166, amending 433.990.
SECTION 238. ORS 609.105 is amended to read:
609.105. Notwithstanding ORS 609.015 or 609.100, a county or
city shall not charge a fee to license a dog { - : - }
{ - (1) Kept and used as a guide by a deaf person; or - }
{ - (2) - } used as an assistance animal as defined in ORS
346.680.
{ + NOTE: + } Deletes redundant provision.
SECTION 239. ORS 616.416 is amended to read:
616.416. All complying foods must be labeled in accordance with
a federal Food and Drug Administration code of food requirements,
Title 21, part 101. In addition to the labeling requirements set
forth in ORS 616.250, any label, display placard or advertising
of complying food must comply with the following:
(1) The applicable product name complies with the terms of
subsection (2) or (9) of this section with or without additional
descriptive terms. The only allowable marketing terms are '
organic,' 'organically grown,' 'certified organic, ' ' certified
organically grown,' 'transitional' and ' transitional to
organic.' No other terms shall mean or imply ' organic' or the
use of the organic farming method, as described in ORS 616.406 to
616.421.
(2) No processed or nonprocessed food product shall be labeled
as 'organic,' 'organically grown,' 'transitional' or '
transitional to organic' which has any pesticide residue in
excess of 10 percent of federal Environmental Protection Agency
tolerance levels, or where there is zero tolerance, 10 percent of
the federal Food and Drug Administration action level, or the
current limit of quantitation used by the State Department of
Agriculture laboratory, whichever is higher.
(3) The terms 'organic' or 'organically grown' may be used
without restriction on the principal display panel of a processed
food product where all ingredients are grown in accordance with
ORS 616.406 to 616.421. The terms 'organic when available,'
'ecologically grown,' 'biologically grown, ' ' wild' or other
such terms may not be used as a substitute for ' organic' on a
purportedly organic food product.
(4) The terms 'transitional' or 'transitional to organic ' may
be used without restriction on the principal display panel of a
processed food product if that product is a single or
multi-ingredient food where all ingredients have been grown using
methods that reduce chemical residues, in accordance with ORS
616.406 to 616.421.
(5) 'Organic' or 'organically grown' may be used on the
principal display panel of a multi-ingredient food where some
approved ingredients are not organically grown if the terms '
organic' or 'organically grown' clearly modify the organic
ingredient or ingredients and the organic ingredients are part of
the statement of identity of the product.
(6) 'Transitional' or 'transitional to organic' may be used on
the principal display panel of a multi-ingredient food where some
approved ingredients are not grown in compliance if the terms
'transitional' or 'transitional to organic' clearly modify the
ingredient or ingredients and the complying ingredients are a
part of the statement of identity of the product.
(7) Food products which contain 'organic' and ' nonorganic' or
'transitional' or 'nontransitional ' ingredients must restrict
the type size of these modifying words to no larger than
three-fourths of the type size of the product identity.
(8) The terms 'organically grown,' 'organic, ' ' transitional'
or 'transitional to organic' may be used on a product when less
than one percent by weight of the total product is minor
ingredients or additives which:
(a) Are from the minor ingredients and additives list of the
materials and practices list pursuant to ORS 616.426 { - or
section 6, chapter 1025, Oregon Laws 1989 - } ;
(b) Cannot be organically grown or produced without chemical
residues, such as agar and carrageenin from sea algae; or
(c) Are vital to the product formulation, the organic
ingredient is unavailable and the components are on the approved
list.
(9) Complying processed foods must list all ingredients on the
label and clearly delineate which ingredients comply with ORS
616.406 to 616.421.
(10) Packaging materials and processes of complying processed
food must be free of fungicides, preservatives, fumigants,
irradiation and any other contaminants. Aluminum, tin and solder
shall not be used as packaging unless those substances are
between pH 6.7 and 7.3.
{ + NOTE: + } Deletes obsolete provision in (8)(a).
SECTION 240. ORS 616.426 is amended to read:
616.426. { - (1) - } In accordance with applicable
provisions of ORS 183.310 to 183.550, the Director of Agriculture
shall adopt rules establishing a materials and practices list for
complying products. Such rules shall establish:
{ - (a) - } { + (1) + } Fertilizers, soil amendments and
growth promoters permitted to be used for complying products.
{ - (b) - } { + (2) + } Insect, mite and nematode pest
controls permitted to be used for complying products.
{ - (c) - } { + (3) + } Fungus and disease pest controls
permitted to be used for complying products.
{ - (d) - } { + (4) + } Weed pest controls permitted to be
used for complying products.
{ - (e) - } { + (5) + } Materials and practices permitted
to be used in the production of transplants and nursery stock for
complying products.
{ - (f) - } { + (6) + } Animal pest controls permitted to
be used for complying products.
{ - (g) - } { + (7) + } Post-harvest materials permitted to
be used for complying products.
{ - (h) - } { + (8) + } Supplements to regular feed
permitted to be used for complying products.
{ - (i) - } { + (9) + } Animal health products and
practices permitted to be used for complying products.
{ - (j) - } { + (10) + } Minor ingredients and additives
permitted to be used for complying products.
{ - (2) In adopting rules pursuant to subsection (1) of this
section, the director shall take into consideration the practices
and materials permitted under section 6, chapter 1025, Oregon
Laws 1989. - }
{ + NOTE: + } Deletes obsolete provision.
SECTION 241. { + Sections 6 and 13, chapter 1025, Oregon Laws
1989, are repealed. + }
{ + NOTE: + } Repeals obsolete provisions.
SECTION 242. ORS 616.716 is amended to read:
616.716. (1) { - Except as provided in subsection (2) of this
section, - } The State Department of Agriculture may inspect the
applicant's food establishment and shall not issue a license
until or unless such establishment is in compliance with the
provisions of ORS 616.695 to 616.755 and regulations promulgated
thereunder.
{ - (2) All food establishments in operation on January 1,
1966, who have prior thereto filed an application and paid the
license fee, shall be issued licenses without the necessity of
prior department inspection required under subsection (1) of this
section. Except as otherwise provided by law, such food
establishments shall thereafter be in compliance with the
provisions of ORS 616.695 to 616.755. Food establishments in
operation on January 1, 1966, whose application and fee were not
received by the department until on or after such date, and all
new food establishments thereafter, shall be subject to the
provisions of subsection (1) of this section. - }
{ - (3) - } { + (2) + } The provisions of ORS 616.695 to
616.755 are in addition to and not in lieu of all other laws
relating to food and to food establishments.
{ + NOTE: + } Deletes obsolete provision.
SECTION 243. ORS 619.010 is amended to read:
619.010. As used in ORS 619.010 to 619.026 and 619.036 to
619.066:
(1) 'Adulterated,' 'misbranded' and similar terms or words have
the same meaning and are defined as contained in ORS chapter 616,
ORS 632.275 to 632.290, 632.450 to 632.490 and 632.900 to
632.985.
(2) 'Animal food slaughtering or processing establishment '
means any establishment as defined in subsection (8) of this
section wherein animals are slaughtered or parts thereof
prepared, offered for sale, sold or used in any manner as animal
food.
(3) 'Capable of use as human food' means any carcass, part of a
carcass or meat product of any meat animal, which has not been
denatured, or otherwise identified as required by rules
prescribed by the department, to deter its use as human food, or
which is naturally inedible by humans.
(4) 'Custom processing establishment' means a stationary
establishment wherein slaughtered meat animals, or meat, caused
to be delivered by the owners thereof, are prepared for
compensation, payment or remuneration of any kind, and are
thereafter returned to the owner thereof or to the order of the
owner.
(5) 'Custom slaughtering establishment' means a mobile or
stationary establishment wherein meat animals, caused to be
delivered by the owners thereof, are slaughtered for
compensation, payment or remuneration of any kind, and are
thereafter returned to the owner thereof or to the order of the
owner.
(6) 'Department' means the State Department of Agriculture.
(7) 'Equipment' means all machinery, fixtures, containers,
vessels, tools, implements and apparatus used in and about an
establishment.
(8) 'Establishment' means and includes:
(a) Any building, structure or vehicle in which meat animals
are slaughtered for consumption or meat products are prepared,
sold, offered or held for sale.
(b) The ground upon which such place of business is operated or
used, and so much ground adjacent thereto as is also used in
carrying on the business of the establishment. The department may
prescribe such additional area or places which, although they may
not be contiguous or adjacent to the above area or establishment,
may be included therein.
(9) 'Federal Meat Inspection Act' means the Act so entitled
approved March 4, 1907, (34 Stat. 1260), as amended by the
Wholesome Meat Act (81 Stat. 584).
(10) 'Food' means any article used for food or drink { - for
man or for - } { + by humans or by + } dogs and cats.
(11) 'Label' means a display of written, printed or graphic
matter upon the immediate container, other than package liner, of
any article. A requirement made under authority of ORS 576.024,
619.010 to 619.071, 619.370 and 619.993 that any word, statement
or other information appears on a label has not been obeyed
unless such word, statement or other information also appears on
the outside container or wrapper, if any there be, of the retail
package of such article, or unless such word, statement or
information is easily legible through the outside container or
wrapper.
(12) 'Labeling' means all labels and other written, printed or
graphic matter upon an article or any of its containers or
wrappers, or accompanying such article.
(13) 'Meat animal' means any vertebrate animal, except fish and
aquatic mammals, not otherwise prohibited by law for sale for
human consumption.
(14) 'Meat' or 'meat product' means any edible muscle, except
any muscle found in the lips, snout or ears of meat animals,
which is skeletal or found in the tongue, diaphragm, heart or
esophagus, with or without any accompanying and overlying fat,
and any portion of bone, skin, sinew, nerve or blood vessels
normally accompanying the muscle tissue and not separated from it
in the process of dressing or as otherwise prescribed by the
department.
(15) 'Meat by-product' means any edible part, other than meat,
derived from one or more meat animals.
(16) 'Official mark' means the official inspection legend or
any other symbol prescribed by regulations of the department to
identify the status of any article or animal.
(17) 'Person' means any individual, partnership, association,
incorporated or unincorporated business organization.
(18) 'Poultry' means chickens, ducks, geese, turkeys, and all
other domesticated fowls or birds.
(19) 'Prepared' means ground, seasoned, canned, cooked, salted,
frozen, smoked, cured, pickled, packed, boned, dried, cut up,
wrapped or otherwise manufactured or processed.
(20) 'Unwholesome' includes all meat or meat products which are
diseased, contaminated, including drug or chemical residue,
putrid, unsound, unhealthful or unfit for food.
{ + NOTE: + } Eliminates gender-specific language and
corrects syntax in (10).
SECTION 244. ORS 624.320 is amended to read:
624.320. (1) { - After January 1, 1964, no - } { + A + }
person shall { + not + } operate a vending machine, commissary
or mobile unit without first procuring a license to do so from
the Health Division. The license shall be posted in a conspicuous
place in the commissary. A card, emblem or other device clearly
showing the name and address of the licensee and the serial
number of the license shall be affixed to each vending machine or
mobile unit as the case may be.
(2) Application for the license shall be in writing in the form
prescribed by the division and shall contain the following
information:
(a) Name and address of the applicant.
(b) Location of all commissaries.
(c) Locations where supplies are kept.
(d) Locations where vending machines or mobile units are
stored, repaired or renovated.
(e) Identity and form of food to be dispensed through vending
machines.
(f) Number of each type of vending machine on location.
(3) Specific locations of the vending machines and specific
itineraries of the mobile units shall be on file at the
operator's business office and shall be readily available to the
division. The details of the conversion of any vending machine
to dispense products other than those for which the license was
issued shall be furnished in writing to the division.
{ + NOTE: + } Deletes obsolete provision and corrects syntax
in (1).
SECTION 245. ORS 632.450 is amended to read:
632.450. As used in ORS 632.450 to 632.485:
(1) 'Horticultural products' means all horticultural
products { + , including nursery stock as defined in ORS 571.005,
except horticultural products + } { - excepting those - } that
are canned, bottled, frozen, dried, candied or brined.
(2) 'Container' means the box, crate, lug, chest, basket,
carton, barrel, keg, drum, sack, hamper, bag, bin, tray, bucket
or other receptacle, whether open or closed, used by any person
in transporting horticultural products, or in which such products
are offered for sale.
(3) 'Stamp,' 'mark' or 'label plainly' means placing the
information required by ORS 632.450 to 632.485 on the container
in legible letters or figures of not less than three-eighths inch
in height and not less than three-sixteenths inch in width, by
means of a rubber stamp, stencil, printing by machine, or by
attaching to the package by means of glue or paste, a
machine-printed label. Such marks, and the location thereof,
shall conform to the rules and regulations established by the
State Department of Agriculture when promulgating grades for
horticultural products.
(4) 'Deceptive pack' means any arrangement of horticultural
products which has in the outer layer or any exposed surface
horticultural products which are so superior in quality, size,
condition or in any other respect to those in the interior of the
lot or the unexposed portion as to materially misrepresent the
contents of the lot. A deceptive pack also means a container
slackly filled so as to deceive the purchaser in regard to the
total contents, or a container which has had a portion of the
original contents removed and then offered for sale as a full
pack.
{ + NOTE: + } Expands definition and corrects syntax in (1).
See amendments to 571.180 by section 232.
SECTION 246. ORS 632.900 is amended to read:
632.900. As used in ORS 632.900 to 632.940 and 632.955 to
632.980, 'horticultural and agricultural products' includes
articles of food, drinks, dairy products, forage products,
livestock products, poultry products, { - nursery products
and - } apiary products { + and nursery stock as defined in ORS
571.005 + }, grown or produced in this state, exclusive of bakery
products and alcoholic liquors.
{ + NOTE: + } Expands definition. See amendments to 571.180
by section 232.
SECTION 247. ORS 633.065 is amended to read:
633.065. (1) It shall be the duty of the State Department of
Agriculture to sample, inspect, make analyses of, and test
commercial feeds distributed within this state, at such times and
places and to such an extent as may be necessary to determine
whether or not such feeds are in compliance with the provisions
of ORS 633.006 to 633.089 and 633.992. The department is
authorized to enter upon any public or private premises,
including any vehicle of transport, during regular business
hours, in order to have access to commercial feeds and to records
relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted
by the department. In adopting such methods, the department may
take into consideration:
(a) The methods scientifically developed and described in
recognized official publications such as the Journal of the
Association of Official Agricultural Chemists.
(b) The methods approved by the United States, other states and
other recognized agencies or organizations experienced in such
matters.
(3) In determining for administrative purposes whether or not a
commercial feed is deficient in any component, the department
shall be guided solely by the official sample as defined in ORS
633.006 { - (15) - } and obtained and analyzed as provided by
subsection (2) of this section.
(4) When inspection and analysis of an official sample indicate
that a commercial feed has been adulterated or misbranded, the
results of analysis shall be forwarded by the department to the
registrant. Upon request, within 30 days, the department shall
furnish to the registrant a portion of the sample analyzed.
(5) Investigational samples which may be examined otherwise
than by the official method required by this section may be taken
by the department. For administrative purposes, only samples
taken as directed by subsection (3) of this section may be used.
{ + NOTE: + } Deletes incorrect subsection reference in (3).
SECTION 248. ORS 634.146 is amended to read:
634.146. (1) Pesticide operators shall prepare and maintain
records on forms approved by the State Department of Agriculture.
Such records shall include:
(a) The name of the person for whom the pesticide was applied.
(b) The approximate location of the land or property on which
the pesticide was applied.
(c) The date and approximate time of application.
(d) The person who supplied the pesticides.
(e) The trade name and the strength of such pesticides.
(f) The amount or concentration (pounds or gallons per acre of
active ingredient or concentration per approximately 100
gallons).
(g) The specific property, crop or crops to which the pesticide
was applied.
(h) The summary information of equipment, device or apparatus
used and, if applied by aircraft, the { - F.A.A. - }
{ + Federal Aviation Administration + } number.
(i) The names of the pesticide applicator or pesticide trainees
who did the actual application or spraying.
(2) The records, which shall be kept for a period of at least
three years from the date of application of pesticides, shall be
available during business hours for review and inspection by the
department.
(3) Upon receiving a request from any owner of field crops on
which pesticides were applied, the pesticide operator within 40
days after making such application shall give or forward to the
owner a written statement setting forth the information described
in subsection (1)(a), (b), (c), (e), (f) and (g) of this section.
{ + NOTE: + } Sets forth official title in (1)(h).
SECTION 249. { + Notwithstanding any other provision of law,
ORS 646.649 shall not be considered to have been added to or made
a part of ORS 646.605 to 646.652 for the purpose of statutory
compilation or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
series. + }
{ + NOTE: + } Removes section from inappropriate series.
SECTION 250. { + Notwithstanding any other provision of law,
ORS 646.651 shall not be considered to have been added to or made
a part of ORS 646.605 to 646.652 for the purpose of statutory
compilation or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
series. + }
{ + NOTE: + } Removes section from inappropriate series.
SECTION 251. ORS 657.665 is amended to read:
657.665. (1) Information secured from employing units,
employees or other individuals pursuant to this chapter:
(a) Shall be confidential and for the exclusive use and
information of the Director of the Employment Department in the
discharge of duties and shall not be open to the public (other
than to public employees in the performance of their public
duties under state or federal laws for the payment of
unemployment insurance benefits and to public employees in the
performance of their public duties under the recognized
compensation and retirement, relief or welfare laws of this
state), except to the extent necessary for the presentation of a
claim and except as required by the regulations of the United
States Secretary of Health and Human Services pursuant to section
3304(a) of the Federal Unemployment Tax Act, as amended, and
except as required by section 303 of the Social Security Act, as
amended.
(b) Shall not be used in any court in any action or proceeding
pending therein unless the director or the state is a party to
such action or proceedings or the proceedings concern the
establishment, enforcement or modification of a support
obligation and support services are being provided by the
Division of Child Support or the district attorney pursuant to
ORS 25.080.
(2) However, any claimant or legal representative, at a hearing
before a hearing officer, shall be supplied with information from
such records to the extent necessary for the proper presentation
of a claim.
(3) Notwithstanding subsection (1) of this section, information
secured from employing units pursuant to this chapter may be
released:
(a) To agencies of this state, and political subdivisions
acting alone or in concert in city, county, metropolitan,
regional or state planning to the extent necessary to properly
carry out governmental planning functions performed under
applicable law. Information provided such agencies shall be
confidential and shall not be released by such agencies in any
manner that would be identifiable as to individuals, claimants,
employees or employing units. Costs of furnishing information
pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the parties requesting
the information; and
(b) In accordance with ORS 657.673.
(4) Nothing in this section shall prevent the Employment
Department from providing names and addresses of employing units
to the { - Oregon - } Bureau of Labor and Industries for the
purpose of disseminating information to employing units. The
names and addresses provided shall be confidential and shall not
be used for any other purposes. Costs of furnishing information
pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the bureau { - of Labor
and Industries - } .
(5) Nothing in this section shall prevent the Employment
Department from providing to the Commissioner of the Bureau of
Labor and Industries, for the purpose of performing duties under
ORS 279.348 to 279.380, the names, addresses and industrial codes
of employer units, the number of employees each unit employs
during a given time period and the firm number assigned to
employer units by the Employment Department. Information so
provided shall be confidential and shall not be released by the
commissioner { - of the Bureau of Labor and Industries - } in
any manner that would identify such employing units except to the
extent necessary to carry out the purposes of this subsection and
as provided in subsection (1)(b) of this section. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
bureau { - of Labor and Industries - } .
(6) Nothing in this section shall prevent the Employment
Department from providing information required under ORS 657.660
(3) and (4) to the Public Employees Retirement System for the
purpose of determining the eligibility of members of the
retirement system for disability retirement allowances under ORS
chapter 238. The information provided shall be confidential and
shall not be used for any other purposes. Costs of furnishing
information pursuant to this subsection shall be borne by the
Public Employees Retirement System.
(7) Any officer or employee of the Director of the Employment
Department, who, except with authority of the director or
pursuant to regulations, or as otherwise required by law, shall
disclose confidential information under this section, thereafter
may be disqualified from holding any appointment or employment by
the director.
(8) Nothing in this section shall prevent the Employment
Department from providing information to the Department of
Revenue for the purpose of performing its duties under ORS
293.250, or the revenue and tax laws of this state. Information
provided may include names and addresses of employers and
employees and payroll data of employers and employees.
Information so provided shall be confidential and shall not be
released by the Director of the Department of Revenue in any
manner that would identify such employing unit or employee except
to the extent necessary to carry out its duties under ORS 293.250
or in auditing or reviewing any report or return required or
permitted to be filed under the revenue and tax laws administered
by the department. However, the Director of the Department of
Revenue shall not disclose any information received to any
private collection agency or for any other purpose. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Department of Revenue.
(9) Nothing in this section shall prevent the Employment
Department from providing information to the Department of
Consumer and Business Services for the purpose of performing its
duties under ORS chapter 656. Information provided may include
names and addresses of employers and employees and payroll data
of employers and employees. Information so provided shall be
confidential and shall not be released by the Director of the
Department of Consumer and Business Services in any manner that
would identify such employing unit or employee except to the
extent necessary to carry out its duties under ORS chapter 656.
However, the Director of the Department of Consumer and Business
Services shall not disclose any information received to any
private collection agency or for any other purpose. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Department of Consumer and Business Services.
(10) Nothing in this section shall prevent the Employment
Department from providing information to the Construction
Contractors Board for the purpose of performing its duties under
ORS chapter 701. Information provided to the board may include
names and addresses of employers and status of their compliance
with this chapter.
(11) Nothing in this section shall prevent the Employment
Department from providing information to the State Fire Marshal
to assist the State Fire Marshal in carrying out duties,
functions and powers under ORS 453.307 to 453.414. Information so
provided shall be the employer or agent name, address, telephone
number and standard industrial classification. Information so
provided shall be confidential and shall not be released by the
State Fire Marshal in any manner that would identify such
employing units except to the extent necessary to carry out
duties under ORS 453.307 to 453.414. Costs of furnishing
information pursuant to this subsection not prepared for the use
of the Employment Department shall be borne by the office of the
State Fire Marshal.
(12) Nothing in this section shall prevent the Employment
Department from providing information to the Oregon Student
Assistance Commission for the purposes of performing the
commission's duties under ORS chapter 348 and Title IV of the
Higher Education Act of 1965, as amended. Information provided
may include names and addresses of employers and employees and
payroll data of employers and employees. Information so provided
shall be confidential and shall not be released by the Oregon
Student Assistance Commission in any manner that would identify
such employing unit or employee except to the extent necessary to
carry out duties under ORS chapter 348 or Title IV of the Higher
Education Act of 1965, as amended. Costs of furnishing
information pursuant to this subsection not prepared for the use
of the Employment Department shall be borne by the Oregon Student
Assistance Commission.
(13) Any person or officer or employee of an entity to whom
information is disclosed or given by the Employment Department
pursuant to this section, who divulges or uses such information
for any purpose other than that specified in the provision of law
or agreement authorizing the use or disclosure, may be
disqualified from holding any appointment or employment, or
performing any service under contract, with the state agency
employing that person or officer.
{ + NOTE: + } Corrects official titles in (4) and (5).
SECTION 252. ORS 657A.270 is amended to read:
657A.270. (1) A certification or registration authorized by ORS
657A.030 and 657A.250 to 657A.450 and issued to a child care
facility may be renewed upon submission of an application and
payment of the required fee not later than 30 days prior to the
expiration date of the current certification or registration
{ - , - } if the Child Care Division of the Employment
Department finds that the child care facility that is seeking
renewal of the certification or registration is in compliance
with the requirements of ORS 181.537, 657A.030 and 657A.250 to
657A.450 and the rules promulgated pursuant thereto.
(2) Upon submission of an application for renewal in proper
time, manner and form, and payment of the required fee, the
current certification or registration, unless officially revoked,
shall remain in force until the Child Care Division has acted on
the application for renewal and has given notice of the action
taken.
{ + NOTE: + } Deletes errant comma in (1).
SECTION 253. ORS 657A.280 is amended to read:
657A.280. (1) No person shall operate a child care facility
caring for seven or more children without a certification for
such facility from the Child Care Division.
(2) The Child Care Division shall adopt rules for the
certification of a group child care home caring for not more than
12 children. The rules shall be specifically adopted for the
regulation of certified child care facilities operated in a
facility constructed as a single-family dwelling. Notwithstanding
fire and other safety regulations, the rules that the Child Care
Division adopts for certified child care facilities shall set
standards that can be met without significant architectural
modification of a typical home. In adopting the rules, the Child
Care Division may consider and set limits according to factors
including the age of children in care, the ambulatory ability of
children in care, the number of the provider's children present,
the length of time a particular child is continuously cared for
and the total amount of time a particular child is cared for
within a given unit of time.
(3) In addition to rules adopted for and applied to child care
facilities providing child care for not more than 12 children,
the Child Care Division shall adopt and apply separate rules
appropriate for any child care facility that is a child care
center that cares for more than 12 children.
(4) Any person seeking to operate a child care facility may
apply for a certification for such facility from the Child Care
Division { - , - } and receive a certification upon meeting
certification requirements.
{ + NOTE: + } Deletes errant comma in (4).
SECTION 254. ORS 657A.330 is amended to read:
657A.330. (1) A provider operating a family child care home
where care is provided in the family living quarters of the
provider's home that is not subject to the certification
requirements of ORS 657A.280 may not operate a child care
facility without registering with the Child Care Division of the
Employment Department.
(2) A child care facility holding a registration may care for a
maximum of 10 children younger than 13 years of age, including
the provider's own children. Of the 10 children:
(a) No more than six may be younger than school age; and
(b) No more than two may be 24 months of age or younger.
(3)(a) To obtain a registration, a provider must apply to the
Child Care Division by submitting a completed application work
sheet and a nonrefundable fee. The fee shall vary according to
the number of children for which the facility is requesting to be
registered, and shall be determined and applied through rules
adopted by the division pursuant to ORS 657A.275. The fee shall
be deposited as provided in ORS 657A.310 (2). The division may
waive any or all of the fee if the division determines that
imposition of the fee would impose a hardship on the provider.
(b) Upon receipt of an initial application satisfactory to the
division, the division shall conduct an on-site review of the
child care facility under this section. The on-site review shall
be conducted within 30 days of the receipt of a satisfactory
application.
(4) The division shall issue a registration to a provider
operating a family child care home if:
(a) The provider has completed a child care overview class
administered by the division;
(b) The provider has completed two hours of training on child
abuse and neglect issues;
(c) The provider is currently certified in infant and child
first aid and cardiopulmonary resuscitation;
(d) The provider is certified as a food handler pursuant to ORS
624.570; and
(e) The division determines that the application meets the
requirements of ORS 181.537, 657A.030 and 657A.250 to 657A.450
and the rules promulgated pursuant thereto, and receives a
satisfactory records check, including criminal offender
information and protective services records.
(5) Unless the registration is revoked as provided in ORS
657A.350, the registration is valid for a period of two years
from the date of issuance. The division may renew a registration
of a provider operating a family child care home if the provider:
(a) Is currently certified in infant and child first aid and
cardiopulmonary resuscitation;
(b) Has completed a minimum of eight hours of training related
to child care during the most recent { - certification - }
{ + registration + } period; and
(c) Is certified as a food handler pursuant to ORS 624.570.
(6) A registration authorizes operation of the facility only on
the premises described in the registration and only by the person
named in the registration.
(7) The division shall adopt rules:
(a) Creating the application work sheet required under
subsection (3) of this section;
(b) Defining full-time and part-time care;
(c) Establishing under what circumstances the adult to child
ratio requirements may be temporarily waived; and
(d) Establishing health and safety procedures and standards on:
(A) The number and type of toilets and sinks available to
children;
(B) Availability of steps or blocks for use by children;
(C) Room temperature;
(D) Lighting of rooms occupied by children;
(E) Glass panels on doors;
(F) Condition of floors;
(G) Availability of emergency telephone numbers; and
(H) Smoking.
(8) The division shall adopt the application work sheet
required by subsection (3) of this section. The work sheet must
include, but need not be limited to, the following:
(a) The number and ages of the children to be cared for at the
facility; and
(b) The health and safety procedures in place and followed at
the facility.
(9) The division, upon good cause shown, may waive one or more
of the registration requirements. The division may waive a
requirement only if appropriate conditions or safeguards are
imposed to protect the welfare of the children and the consumer
interests of the parents of the children. The division may not
waive the on-site review requirement for applicants applying for
an initial registration.
(10) The division, by rule, shall develop a list of recommended
standards consistent with standards established by professional
organizations regarding child care programs for child care
facilities. Compliance with the standards is not required for a
registration, but the division shall encourage voluntary
compliance and shall provide technical assistance to a child care
facility attempting to comply with the standards. The child care
facility shall distribute the list of recommended minimum
standards to the parents of all children cared for at the
facility.
(11) In adopting rules relating to registration, the division
shall consult with the appropriate legislative committee in
developing the rules to be adopted. If the rules are being
adopted during a period when the Legislative Assembly is not in
session, the division shall consult with the appropriate interim
legislative committee.
(12) A person who violates this section is subject to a civil
penalty not to exceed $100. The Child Care Division may impose
the civil penalty for violation of any of the terms or conditions
of a registration.
{ + NOTE: + } Corrects terminology in (5)(b).
SECTION 255. ORS 661.210 is amended to read:
661.210. Whenever any person or any association or union
{ - of workingmen - } adopts or uses any label, trademark,
term, design, device or form of advertisement for the purpose of
designating, making known or distinguishing any goods, wares,
merchandise or other product of labor as having been made,
manufactured, produced, prepared, packed or put on sale by such
person or association or union { - of workingmen - } , or by
members of such association or union:
(1) { - No - } { + A + } person shall { + not + }
counterfeit or imitate such label, trademark, term, design,
device or form of advertisement, or use, sell, offer for sale or
in any way utter or circulate any counterfeit or imitation of any
such label, trademark, term, design, device or form of
advertisement;
(2) { - No - } { + A + } person shall { + not + } keep or
have in possession, with intent that the same shall be sold or
disposed of, any goods, wares, merchandise or other product of
labor to which or on which any such counterfeit or imitation is
printed, painted, stamped or impressed;
(3) { - No - } { + A + } person shall { + not + }
knowingly sell or dispose of any goods, wares, merchandise or
other product of labor contained in any box, case, can or package
to which or on which any such counterfeit or imitation is
attached, affixed, printed, painted, stamped or impressed; and
(4) { - No - } { + A + } person shall { + not + } keep or
have in possession, with intent that the same shall be sold or
disposed of, any goods, wares, merchandise or other product of
labor, in any box, case, can or package to which or on which any
such counterfeit or imitation is attached, affixed, printed,
painted, stamped or impressed.
{ + NOTE: + } Eliminates gender-specific language in lead-in;
corrects word choice in subsections (1) to (4).
SECTION 256. ORS 673.160 is amended to read:
673.160. (1) Business organizations of certified public
accountants or of public accountants shall register with the
Oregon Board of Accountancy if the business organization:
(a) Uses the terms 'certified public accountants' or ' public
accountants' or abbreviations for such terms;
(b) Holds itself out to clients or the public as a business
organization engaged in the practice of public accountancy; or
(c) Performs attestation services.
(2) Nothing in this section shall be construed to require a
holder of a permit under ORS 673.150 to register under this
section unless the permit holder:
(a) Holds the permit holder out to clients or the public as a
business organization composed of more than one licensee; or
(b) Performs attestation services.
(3) Registrations shall be issued and renewed for periods of
not more than two years. Applications for registration shall be
made in a form prescribed by the board by rule. Applications for
renewal shall be made between the dates prescribed by the board
by rule.
(4) The following requirements must be satisfied before a
registration may be issued or renewed under this section:
(a) Notwithstanding any other provision of law, a simple
majority of the ownership of the business organization, in terms
of financial interests and voting rights of all partners,
officers, shareholders, members or managers, shall belong to
holders of permits or holders of certificates who are licensed in
any state, and the partners, officers, shareholders, members or
managers of the business organization whose principal place of
business is in this state and who perform public accountancy
services in this state, shall be holders of permits under ORS
673.150. If a majority of the ownership of the business
organization is held by holders of permits who are public
accountants holding licenses issued under ORS 673.100, the
business organization may not use the name { - ' CPA Firm' - }
{ + ' C.P.A. Firm' + } or any similar name indicating that a
majority of the ownership of the firm holds certificates issued
under ORS 673.040;
(b) In the case of a business organization that includes owners
who are not holders of permits under ORS 673.150, a holder of a
permit in this state shall be responsible for the management and
proper registration of the business organization;
(c) All owners of the business organization who are not holders
of permits under ORS 673.150 shall be active individual
participants in the business organization or affiliated entities;
and
(d) Any person who is responsible for supervising attestation
services and who signs or authorizes someone to sign the
accountant's report on the financial statements on behalf of the
business organization in this state, shall hold a permit under
ORS 673.150 and meet the competency requirements established by
the board by rule.
(5) An application for registration or renewal of registration
under this section shall:
(a) List all states in which the business organization has
applied for or holds permits to practice public accountancy; and
(b) Provide evidence that the requirements of subsection (4) of
this section are satisfied.
(6) Each applicant for registration or renewal under this
section and each registrant shall notify the board in writing,
within the time period specified by the board by rule, of:
(a) The identities of partners, officers, shareholders,
members, managers or owners of the business organization who work
regularly in this state;
(b) The number or location of offices in this state;
(c) The identity of the persons in charge of the offices;
(d) Any issuance, denial, revocation, lapse or suspension of
authority to perform professional or other services in any
jurisdiction against a partner, officer, shareholder, member,
manager or owner of the applicant or registrant; and
(e) The filing of a lawsuit relating to professional services
of the business organization, the commencement of any civil
action an essential element of which involves fraud, dishonesty
or misrepresentation, or of any criminal action against the
applicant or registrant or against a partner, officer,
shareholder, member, manager or owner of the applicant or
registrant.
(7) The board shall charge a fee for each application for
issuance or renewal of registration under this section in an
amount prescribed by the board by rule.
(8) Applicants for renewals of registrations under this section
shall undergo a peer review as provided under ORS 673.455, unless
the registrant notifies the board that the registrant is exempt
from peer review requirements because the registrant does not
perform attestation services.
{ + NOTE: + } Inserts correct punctuation in (4)(a).
SECTION 257. ORS 673.320 is amended to read:
673.320. (1) A person or business organization in this state
shall not provide attestation services for or issue a report on
financial statements of any other person, firm, organization or
governmental unit unless the person or business organization
holds a permit or registration issued under ORS 673.010 to
673.457. The prohibitions of this subsection do not apply to:
(a) An officer, partner, employee, shareholder, member, manager
or owner of any firm or organization affixing that person's own
signature to any statement or report in reference to the
financial affairs of the firm or organization with wording
designating the position, title or office that the person holds
in the firm or organization;
(b) Any act of a public official or employee in the performance
of official duties; or
(c) The performance by any person, other than a licensee or
registrant, of other services, including the preparation of tax
returns, management advisory services and the preparation of
financial statements, without the issuance of reports thereon.
(2) Any transmission of financial statements or information
using language as specified in ORS 673.325 or as adopted by the
Oregon Board of Accountancy by rule under this subsection shall
not be considered a report.
(3) A person shall not assume or use the title or designation '
certified public accountant,' or the abbreviation
{ - ' CPA,' - } { + 'C.P.A.,' + } or any other title,
designation, words, letters, abbreviation, sign, card or device
tending to indicate that the person is a certified public
accountant, unless the person holds a valid certificate of
certified public accountant issued under ORS 673.040 and a permit
issued pursuant to ORS 673.150.
(4) A business organization shall not assume or use the title
or designation 'certified public accountant,' or the abbreviation
{ - ' CPA,' - } { + ' C.P.A.,' + } or any other title,
designation, words, letters, abbreviation, sign, card or device
tending to indicate that the business organization is composed of
certified public accountants unless the business organization is
registered under ORS 673.160.
(5) A person shall not assume or use the title or designation '
public accountant,' or the abbreviation { - ' PA,' - } { + '
P.A.,' + } or any other title, designation, words, letters,
abbreviation, sign, card or device tending to indicate that the
person is a public accountant unless that person holds a valid
license issued under ORS 673.100 and permit issued under ORS
673.150.
(6) A business organization shall not assume or use the title
or designation 'public accountant,' or the abbreviation
{ - ' PA,' - } { + ' P.A.,' + } or any other title,
designation, words, letters, abbreviation, sign, card or device
tending to indicate that the business organization is composed of
public accountants, unless the business organization is
registered under ORS 673.160.
(7) A person or business organization shall not assume or use
any title or designation likely to be confused with the titles '
certified public accountant' or 'public accountant,' or any
abbreviations likely to be confused with the abbreviations
{ - ' CPA' or 'PA,' - } { + ' C.P.A.' or 'P.A.,' + } unless
the person or business organization holds a valid permit or
registration issued under ORS 673.010 to 673.457. This subsection
does not restrict the use of any title, designation or
abbreviation awarded by institutions that are recognized by the
board by rule.
(8) A person or business organization shall not assume or use
any title or designation that includes the words 'accountant, ' '
auditor' or 'accounting' in connection with any other wording,
including that of a report, that implies that the person or
business organization holds a permit or registration or has
special competence as an accountant or auditor, unless the person
or business organization holds a permit or registration issued
under ORS 673.010 to 673.457. This subsection does not prohibit:
(a) A partner, officer, employee, shareholder, member, manager
or owner of any firm or organization from affixing that person's
own signature to any statement or report in reference to the
financial affairs of the firm or organization with wording
designating the position, title or office that the person holds
in the firm or organization;
(b) Any act of a public official or employee in the performance
of official duties; or
(c) Use of the words 'accountant' or 'accounting' by a person
or business offering services that are not restricted to a person
or business organization holding a license or permit to practice
public accountancy.
(9) A person or business organization holding a permit or
registration under ORS 673.010 to 673.457 shall not use a
professional or business name or designation that is misleading
about the legal form of the business organization, about the
persons who are partners, officers, shareholders, members,
managers or owners of the business organization or about any
other matter. The board by rule may specify the appropriate use
by licensees of abbreviations and initials in a professional or
business name. Notwithstanding any provision of this subsection,
the names of one or more former partners, shareholders, members
or managers may be included in the name of a registered business
organization or its successor.
(10) A person holding a permit issued under ORS 673.150 shall
not perform attestation services in any business organization
that does not hold a valid registration under ORS 673.160.
(11) Subsections (1) to (10) of this section apply to a person
or business organization holding a certification, license,
permit, designation or degree granted in another jurisdiction
entitling the holder to engage in the practice of public
accountancy or its equivalent in the other jurisdiction unless:
(a) The activities of the person or business organization in
this state are limited to the provision of professional services
to clients in this state, where the clients are residents of,
governments of or business entities in the other jurisdiction in
which the person holds the entitlement;
(b) The person or business organization does not provide
attestation services or issue reports regarding the financial
statements of any other persons, organizations or governmental
units in this state; and
(c) The person or business organization does not hold out to
clients, potential clients or the public in this state that the
person or business organization is licensed or registered under
ORS 673.010 to 673.457 and does not use any title or designation
other than the one under which the person or business
organization practices in the other jurisdiction, followed by the
name of the other jurisdiction and, if applicable, any
translation of the title or designation into the English
language.
{ + NOTE: + } Inserts correct punctuation in (3), (4), (5),
(6) and (7).
SECTION 258. ORS 673.325 is amended to read:
673.325. The following statement signed by a person who does
not hold a permit issued under ORS 673.150 shall not constitute a
report under ORS 673.320, so long as the statement is not
accompanied by any wording indicating the person is an accountant
or auditor or other language prohibited by ORS 673.310 or
673.320:
_________________________________________________________________
{ - ' - } The accompanying balance sheet of XYZ Company as
of
{ - ___ , 19xx - } { + (date) + }, and the related
statements of income (or retained earnings or cash flow) for the
year then ended have been prepared by me (us).
{ - ' - } The information presented in these financial
statements is the representation of management (owners). { -
' - }
_________________________________________________________________
{ + NOTE: + } Eliminates millennial-specific language in
form; tweaks section formatting.
SECTION 259. ORS 676.620 is amended to read:
676.620. In performing its powers and duties under chapter 885,
Oregon Laws 1999, the Health Licensing Office may utilize the
administrative assistance of the Oregon Department of
Administrative Services. { - It - } { + The office + } shall
pay to the department a proportionate share of the cost of such
administrative services, such share to be fixed by biennial
negotiation between the { - agency - } { + office + } and the
department.
{ + NOTE: + } Clarifies references to state agency.
SECTION 260. ORS 678.730 is amended to read:
678.730. (1) Any individual is qualified for licensure as a
nursing home administrator who:
(a) Meets the training or experience and other standards
established by rules of the Board of Examiners of Nursing Home
Administrators. The board shall accept one year of experience as
an administrator serving a dual facility in lieu of any residency
or intern requirement established pursuant to this paragraph; and
(b) Has passed an examination as provided in ORS 678.740.
(2) Each license as a nursing home administrator may be renewed
by the board upon compliance by the licensee with the
requirements of ORS 678.760 and by presenting evidence of the
completion of the continuing education work required by the
board. The board may require up to 50 hours of continuing
education in any one-year period.
(3) In establishing educational standards pursuant to
subsection (1)(a) of this section, the board shall require a
baccalaureate degree from an accredited school of higher
education. However, the educational requirement does not apply to
any person who:
(a) Was a licensed administrator in any jurisdiction of the
United States prior to January 1, 1983; or
(b) Was an administrator of a dual facility meeting the
experience requirements pursuant to subsection (1)(a) of this
section.
(4) Notwithstanding the requirements established under
subsection (1) of this section, upon the request of the governing
body of a { - health care facility - } { + hospital, + } as
defined in ORS 442.015 { - (14)(a) - } { + (19) + }, the
board shall deem a health care administrator to have met the
requirements for licensure as a nursing home administrator if the
health care administrator possesses an advanced degree in
management and has at least 10 years of experience in health care
management.
{ + NOTE: + } Corrects terminology and ORS reference in (4).
See amendments to 442.015 by section 181.
SECTION 261. ORS 679.510 is amended to read:
679.510. (1) For the purposes of this section, 'retired
dentist' means a person who is retired from active practice
except for the practice of dentistry without remuneration as a
volunteer.
(2) Subject to availability of funding, the Oregon Department
of Administrative Services shall establish a program to purchase
and maintain liability insurance for retired dentists. Insurance
provided under the program shall be acquired through contracts
with liability insurers that are authorized to offer liability
malpractice insurance in this state. Insurance shall be provided
under the program only if:
(a) Dental services by the retired dentist will be provided
through nonprofit corporations offering community services;
(b) Dental services provided by the retired dentist will be
offered to low-income patients based on ability to pay; and
(c) The retired dentist will receive no compensation for the
dental services provided, except for reimbursement for laboratory
fees, testing services and other out-of-pocket expenses.
(3) This section does not impose any liability on the state, or
on the officers, employees and agents of the state, for any civil
or criminal action against a retired dentist insured under the
program established under subsections (1) to (5) of this section.
(4) The department shall monitor the claims experience of
retired dentists insured through the program established under
subsections (1) to (5) of this section. The department may impose
any risk management requirements that the department deems
appropriate as a condition of providing liability insurance under
the program.
(5) The department shall provide insurance under
{ - subsections (1) to (5) - } { + subsection (2) + } of this
section only to the extent that funds are appropriated to the
department for the purposes of funding the program established
under subsections (1) to (5) of this section.
(6) The Oregon Department of Administrative Services may by
rule establish any conditions considered necessary by the
department before providing liability insurance for a retired
dentist under the program established by subsections (1) to (5)
of this section.
{ + NOTE: + } Corrects subsection reference in (5).
SECTION 262. ORS 688.132 is amended to read:
688.132. (1) If a licensed physical therapist administers
physical therapy to a person as authorized in ORS 688.130 (1)(a),
the physical therapist must immediately refer the person to a
medical doctor, osteopathic physician, chiropractic physician,
podiatric physician and surgeon, naturopathic physician, dentist,
physician assistant or nurse practitioner if:
(a) Signs and symptoms are present that require treatment or
diagnosis by such providers or for which physical therapy is
contraindicated or for which treatment is outside the knowledge
of the physical therapist or scope of practice of physical
therapy; or
(b) The physical therapist continues therapy and 30 days have
passed since the initial physical therapy treatment has been
administered, unless:
(A) The individual is a child or a student eligible for special
education, as defined by state or federal law, and is being seen
pursuant to the child's or the student's individual education
plan or individual family service plan;
(B) The individual is a student athlete at a public or private
school, college or university and is seeking treatment in that
role as athlete; or
(C) The individual is a resident of a long term care facility
as defined in ORS 442.015 { - (14)(b)(A) and (B) - } , a
residential facility as defined in ORS 443.400, an adult foster
home as defined in ORS 443.705 or an intermediate care facility
for mental retardation pursuant to federal regulations.
(2) Notwithstanding any provision of ORS 742.520 to 742.542,
personal injury protection benefits are not required to be paid
for physical therapy treatment of a person covered by the
applicable insurance policy unless the person is referred to the
physical therapist by a licensed physician, podiatric physician
and surgeon, naturopathic physician, dentist, physician's
assistant or nurse practitioner.
{ + NOTE: + } Deletes unnecessary subsection reference in
(1)(b)(C).
SECTION 263. Section 5, chapter 736, Oregon Laws 1999, is
amended to read:
{ + Sec. 5. + } The Health Licensing Office is granted
authority to carry out the following duties:
(1) Adopt rules that are necessary to conduct business, carry
out duties and administer the provisions of sections 1 to
13 { + , chapter 736, Oregon Laws 1999 + } { - of this 1999
Act - } .
(2) Issue registrations, including temporary registrations,
permits, waivers and other authorizations to practice athletic
training as determined by the Board of Athletic Trainers.
(3) Establish and collect fees and charges to carry out its
legal responsibilities.
(4) Authorize all necessary disbursements to carry out the
provisions of sections 1 to 13 { + , chapter 736, Oregon Laws
1999 + } { - of this 1999 Act - } , including but not limited
to payment for necessary supplies, office equipment, books and
expenses for the conduct of examinations, payment for legal and
investigative services rendered to the { + Health Licensing + }
Office and such other expenditures as are provided for in
sections 1 to 13 { + , chapter 736, Oregon Laws 1999 + } { - of
this 1999 Act - } .
(5) Employ inspectors, examiners, special agents,
investigators, clerical assistants and accountants as are
necessary for the investigation and prosecution of alleged
violations and the enforcement of sections 1 to 13 { + , chapter
736, Oregon Laws 1999, + } { - of this 1999 Act - } and for
such other purposes as the { + Health Licensing + } Office may
require. Nothing in sections 1 to 13 { + , chapter 736, Oregon
Laws 1999, + } { - of this 1999 Act - } shall be construed to
prevent assistance being rendered by an employee of the
{ + Health Licensing + } Office in any hearing called by it.
However, all obligations for salaries and expenses incurred under
sections 1 to 13 { + , chapter 736, Oregon Laws 1999, + }
{ - of this 1999 Act - } shall be paid only from the fees
accruing to the { + Health Licensing + } Office under sections 1
to 13 { + , chapter 736, Oregon Laws 1999 + } { - of this 1999
Act - } .
(6) The Health Licensing Office shall provide the board with
such administrative services and employees as the board requires
to carry out its duties.
(7) Maintain an accurate record of all proceedings of the board
and of all its meetings, receipts and disbursements, fines and
orders for violation of sections 1 to 13 { + , chapter 736,
Oregon Laws 1999 + } { - of this 1999 Act - } , records for
registration to practice athletic training together with the
addresses of those registered, and the names of all persons whose
registration has been subject to disciplinary action.
(8) Investigate complaints, take disciplinary action, including
assessment of civil fines, and provide opportunity for hearing
according to ORS 183.090.
(9) Administer oaths, issue notices and subpoenas in the name
of the board, enforce subpoenas in the manner authorized by ORS
183.440, hold hearings and perform such other acts as are
reasonably necessary to carry out duties of the board granted
under sections 1 to 13 { + , chapter 736, Oregon Laws 1999 + }
{ - of this 1999 Act - } .
{ + NOTE: + } Sets forth official title in (4) and (5).
SECTION 264. ORS 690.365 is amended to read:
690.365. An applicant for licensure shall pay a fee established
by the Health Licensing Office under ORS 690.350 to 690.430 and
shall show to the satisfaction of the { - office - }
{ + agency + } that the applicant:
(1) Has complied with the provisions of ORS 690.350 to 690.430
and the applicable rules of the { - office - } { +
agency + };
(2) Is not less than 18 years of age;
(3) Has a high school diploma or equivalent education;
(4) Has submitted evidence of completion of education or
training prescribed and approved by the { - office - }
{ + agency + } under ORS 690.410 as follows:
(a) A course of study in a school of electrolysis meeting the
requirements under ORS 690.410, or has completed in another state
a course of study that has been determined by the
{ - office - } { + agency + } to be equivalent to that
required by ORS 690.350 to 690.430 if the application is for an
electrologist license; or
(b) A training program under the direct supervision of a
licensed permanent color technician and tattoo artist if the
application is for a permanent color technician and tattoo artist
license; and
(5) Has passed an examination approved, administered or
recognized by the { - office - } { + agency + }.
{ + NOTE: + } Inserts correct defined term in lead-in, (1),
(4), (4)(a) and (5). See ORS 690.350 (1).
SECTION 265. ORS 690.370 is amended to read:
690.370. (1) An applicant for licensure who is notified by the
Health Licensing Office that the applicant has fulfilled the
requirements of ORS 690.365 (1) to (4) shall appear at a time,
place and before such persons as the { - office - } { +
agency + } may designate, for an examination.
(2) The { - office - } { + agency + } shall offer an
examination at least twice a year. The applicant who fails any
part of the examination may apply to retake the failed section or
sections twice without being required to obtain additional
training.
{ + NOTE: + } Inserts correct defined term in (1) and (2).
See ORS 690.350 (1).
SECTION 266. ORS 690.380 is amended to read:
690.380. (1) A person who holds a license shall notify the
Health Licensing Office in writing of the regular address of the
place or places where the person performs or intends to perform
electrolysis or tattooing and shall keep the license
conspicuously posted in the place of business at all times.
(2) The { - office - } { + agency + } shall keep a record
of the place or places of business of each person who holds a
license.
(3) Any notice required to be given by the { - office - }
{ + agency + } to a person who holds a license may be given by
mailing the notice to the address of the last place of business
of which the person has notified the { - office - } { +
agency + }.
(4) The { - office - } { + agency + } shall issue to each
qualified applicant a license to operate a tattoo facility as
defined in ORS 690.350 (13) and to advertise permanent makeup or
tattooing services for which the facility is licensed.
{ + NOTE: + } Inserts correct defined term in (2), (3) and
(4). See ORS 690.350 (1).
SECTION 267. ORS 690.385 is amended to read:
690.385. (1) Except as otherwise provided in this section, a
license issued under ORS 690.415 expires one year after the date
of issue unless renewed by payment of the required renewal fee.
The Health Licensing Office, however, may vary the date of
license renewal by giving to the applicant written notice of the
renewal date being assigned and by making prorated adjustments in
the renewal fee. If payment is transmitted by postal service, the
envelope must be postmarked on or before the expiration of the
license. If the license expires, the license may be renewed on
payment of a renewal fee and late penalty fee established by the
{ - office - } { + agency + } under ORS 690.350 to 690.430.
(2) The { - office - } { + agency + } may suspend the
license of any person who fails to renew. A suspended license may
be reactivated upon the payment of a reactivation fee established
by the { - office - } { + agency + } under ORS 690.350 to
690.430 and all past unpaid renewal fees.
(3) A person applying for reactivation shall not be required to
take an examination as a condition of reactivation if the
reactivation occurs within three years after the date of the
license expired.
(4) All electrologists and permanent color technicians and
tattoo artists must participate in continuing education, with
guidelines and effective date to be established by rule of the
{ - office - } { + agency + }.
{ + NOTE: + } Inserts correct defined term in (1), (2) and
(4). See ORS 690.350 (1).
SECTION 268. ORS 690.395 is amended to read:
690.395. The Health Licensing Office may revoke, suspend,
refuse to issue a license or renewal or place on probation any
licensee upon proof that a person or licensee:
(1) Has been convicted of a violation under ORS 690.360;
(2) Has been convicted in this or any other state of a crime
related to the practice of electrolysis or tattooing;
(3) Has knowingly misrepresented, misstated or failed to
disclose personal qualifications or other information necessary
to practice electrolysis or tattooing in any communication to the
{ - office - } { + agency + };
(4) Has used, caused or promoted the use of any advertising
matter, promotional literature, warranty, label, insignia or any
other representation, however disseminated or published, that is
false, misleading or deceptive;
(5) Has knowingly deceived the public by acting in a manner as
to mislead clients as to the person's professional status;
(6) Has employed directly or indirectly any suspended or
unlicensed person to perform any electrolysis or tattooing
covered by ORS 690.350 to 690.430;
(7) Has permitted another person to use the license;
(8) Has practiced electrolysis or tattooing under a false,
misleading or deceptive name;
(9) Has failed, if a licensed electrologist or permanent color
technician and tattoo artist, to maintain a business address and
telephone number at which the licensee may be reached during
business hours;
(10) Has failed, if a nonpracticing electrologist or permanent
color technician and tattoo artist, to provide the
{ - office - } { + agency + } with a home address and
telephone number;
(11) Has failed to properly and reasonably accept
responsibility for the actions of employees;
(12) Has practiced electrolysis or tattooing with a mental or
physical illness that affects ability to perform or endangers the
public;
(13) Has demonstrated gross incompetence in performing
electrolysis or tattooing; or
(14) Has violated any of the provisions of ORS 690.350 to
690.430 or rules adopted pursuant to ORS 690.350 to 690.430.
{ + NOTE: + } Inserts correct defined term in (3) and (10).
See ORS 690.350 (1).
SECTION 269. ORS 690.410 is amended to read:
690.410. (1) Pursuant to ORS 183.310 to 183.550, and in
consultation with the Advisory Council for Electrologists and
Permanent Color Technicians and Tattoo Artists, the Health
Licensing Office shall adopt rules to register and approve
schools of electrolysis and to approve instructors who teach in
such schools. Such rules shall include, but not be limited to,
requirements that schools of electrolysis:
(a) Offer a course of study which shall include minimum
standards of 600 hours of instruction as advised by the council;
(b) File with the agency for approval, an outline of the
proposed course of study. A copy of the outline shall be sent to
the Department of Education. { + The outline shall state the
hours for instruction and lectures in theory and the hours for
instruction for practical application. + } Areas of instruction
shall include, but not be limited to { - , the following - } :
(A) Agency rules for electrolysis;
(B) Bacteriology;
(C) Sanitation and sterilization;
(D) Anatomy and physiology;
(E) Endocrinology;
(F) Structure, dynamics and diseases of skin and hair;
(G) Circulatory and nervous systems;
(H) Electricity;
(I) A working knowledge of electrolysis, thermolysis and
combinations thereof;
(J) Draping and positioning; and
(K) Professional ethics and business practices { - . The
outline shall state the hours for instruction and lectures in
theory and the hours for instruction for practical
application - } ;
(c) Provide adequate premises with separate areas for classwork
and practical instruction including treatment areas for student
training;
(d) Provide adequate equipment for the full and ready teaching
of all subjects included in the curriculum;
(e) Comply with the agency's sanitary rules; and
(f) Use the word 'school' or other appropriate term
conspicuously in its literature and advertising matter.
(2) The rules adopted under subsection (1) of this section
shall also include requirements that:
(a) An initial inspection shall be performed prior to granting
of a license; and
(b) Periodic inspections may be done at the discretion of the
agency and the Department of Education.
(3) To teach in an approved school of electrolysis:
(a) Instructors must hold a current, valid license to practice
electrolysis in this state and must have had a minimum of two
years of practical experience approved by the agency or
Department of Education as a licensed electrologist;
(b) Instructors must pass an instructor's examination approved,
administered or recognized by the agency;
(c) Instructor owners and instructors when employed as
instructors in an approved school shall perform electrolysis only
as demonstration for instructional purposes. However, this
requirement does not exclude instructors from having a private
practice as long as the private practice is not performed during
the instructor's regular teaching schedule. An approved
electrolysis instructor must be present to supervise and instruct
in the classroom substantially at all times during school hours;
(d) Instructors shall comply with ORS 690.350 to 690.430 and
the applicable rules of the agency and of the State Board of
Education; and
(e) All instructors must participate in continuing education,
with guidelines and effective date to be established by rule of
the State Board of Education.
(4) Pursuant to ORS 183.310 to 183.550, and in consultation
with the council, the agency shall adopt rules to prescribe
education and training standards for the practice of tattooing.
(5) An applicant seeking licensure as a permanent color
technician and tattoo artist shall be required to demonstrate
safety, sanitation and sterilization techniques by means of an
inspection conducted by the regulatory authority to test the
applicant's knowledge of infection control practices and
requirements.
{ + NOTE: + } Conforms structure of (1)(b) to legislative
form and style.
SECTION 270. ORS 690.415 is amended to read:
690.415. (1) The Health Licensing Office shall assess, by rule,
the following fees and any other fees necessary to carry out the
provisions of ORS 690.350 to 690.430:
(a) Application fee.
(b) Examination fees.
(c) Reexamination fees.
(d) Reciprocity fee.
(e) License fee.
(f) License renewal fee, active and inactive.
(g) Late fee.
(h) Reactivation fee.
(i) Duplicate license fee.
(j) Demonstration permit.
(k) Tattoo facility fee and renewal fee, active or inactive.
(2) The { - office - } { + agency + } shall license each
applicant, without discrimination, who proves to the satisfaction
of the { - office - } { + agency + } fitness for such
licensure as required by ORS 690.350 to 690.430 and upon payment
of a fee established by the { - office - } { + agency + }
under this section. Except as provided in ORS 690.385, the
{ - office - } { + agency + } shall issue to the applicant a
license that expires one year after the date of issuance.
(3) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fees and charges, the { - office - } { +
agency + } shall establish all fees under ORS 690.350 to 690.430.
The fees and charges established under this subsection shall not
exceed the cost of administering the regulatory program under ORS
690.350 to 690.430 pertaining to the purpose for which the fee or
charge is established, as authorized by the Legislative Assembly
within the budget for ORS 690.350 to 690.430, as the budget may
be modified by the Emergency Board.
{ + NOTE: + } Inserts correct defined term in (2) and (3).
See ORS 690.350 (1).
SECTION 271. ORS 690.430 is amended to read:
690.430. (1) The council shall have the responsibility and duty
of advising the Health Licensing Office in all matters relating
to ORS 690.350 to 690.430, 690.996 and 690.997, shall prepare or
adopt the examinations required by ORS 690.350 to 690.430,
690.996 and 690.997 subject to the approval of the
{ - office - } { + agency + } and shall assist the
{ - office - } { + agency + } in carrying out the provisions
of ORS 690.350 to 690.430, 690.996 and 690.997.
(2) The { - office - } { + agency + } shall consider and be
guided by the recommendations of the council in all matters
relating to ORS 690.350 to 690.430, 690.996 and 690.997.
{ + NOTE: + } Inserts correct defined term in (1) and (2).
See ORS 690.350 (1).
SECTION 272. ORS 690.530 is amended to read:
690.530. Any person operating a body piercing facility licensed
under ORS 690.520 shall:
(1) Provide to all customers a written statement approved by
the Health Licensing Office that advises the customer of risks or
dangers involved in the procedure and all complications that may
occur;
(2) Post in public view in the body piercing facility a
disclosure statement established by the Health Licensing Office
by rule; and
(3) Post in public view in the body piercing facility a notice
containing the address of the Health Licensing Office and the
procedure for filing a complaint as established by the
{ + Health Licensing + } Office by rule.
{ + NOTE: + } Sets forth official title in (3).
SECTION 273. ORS 690.996 is amended to read:
690.996. (1) In addition to any other liability or penalty
provided by law, the Health Licensing Office may impose a civil
penalty on a person who violates any provision of ORS 690.350 to
690.430, 690.996 and 690.997 or any rule adopted thereunder.
(2) A civil penalty imposed by the { + Health Licensing + }
Office under subsection (1) of this section shall be in an amount
determined by the { + Health Licensing + } Office but shall not
exceed $1,000 for each violation.
(3) A civil penalty imposed under subsection (1) of this
section may be remitted or reduced upon such terms and conditions
as the { + Health Licensing + } Office considers proper and
consistent with the public health and safety.
(4) In imposing a penalty pursuant to subsection (2) of this
section, the { + Health Licensing + } Office shall consider the
following factors:
(a) The immediacy and extent to which the violation threatens
the public health or safety;
(b) Any prior violations of statutes, rules or orders; and
(c) The history of the person incurring a penalty in taking all
feasible steps to correct any violation.
{ + NOTE: + } Sets forth official title in (2), (3) and (4).
SECTION 274. ORS 694.055 is amended to read:
694.055. An applicant for licensure shall pay a fee established
by the Health Licensing Office under ORS 694.085 and shall show
to the satisfaction of the { - office - } { + agency + } that
the applicant:
(1) Is a person 18 years of age or older.
(2) Has an education equivalent to a four-year course in a
standard high school.
{ + NOTE: + } Inserts correct defined term in lead-in. See
ORS 694.015 (1).
SECTION 275. ORS 694.085 is amended to read:
694.085. (1) Upon payment of a fee established by the Health
Licensing Office under this section, the { - office - }
{ + agency + } shall license each applicant, without
discrimination, who possesses the required training and
experience and who satisfactorily passes the examination. The
license shall be effective for one year following issuance.
(2) The { - office - } { + agency + } shall waive the
examination required under subsection (1) of this section and
grant a license to an applicant who:
(a) Is licensed by the State Board of Examiners for
Speech-Language Pathology and Audiology under ORS 681.250;
(b) Is certified by the Educational Service Board of the
American Speech-Language-Hearing Association on or after January
1, 1992, or, if not so certified, satisfies the { - office - }
{ + agency + } that the applicant possesses equivalent training
and education achievements; and
(c) Passes an examination related to Oregon law in the area of
hearing aid dispensing and pays the examination fee of $30.
(3) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fees and charges, the { - office - }
{ + agency + } shall establish all fees under ORS 694.015 to
694.170 unless the fee is specified by law. The fees and charges
established under this subsection shall not exceed the cost of
administering the regulatory program of the { - office - }
{ + agency + } pertaining to the purpose for which the fee or
charge is established, as authorized by the Legislative Assembly
within the { - office's - } { + agency's + } budget, as the
budget may be modified by the Emergency Board.
{ + NOTE: + } Inserts correct defined term in (1), (2),
(2)(b) and (3). See ORS 694.015 (1).
SECTION 276. ORS 694.095 is amended to read:
694.095. (1) An applicant who fulfills the requirements of ORS
694.055 and 694.065 (1) and who has not previously applied to
take the qualifying examination provided under ORS 694.065 (3) or
previously been issued a temporary license may apply to the
Health Licensing Office for a temporary license.
(2) Upon receiving an application provided under subsection (1)
of this section accompanied by a fee established by the
{ - office - } { + agency + } under ORS 694.085, the
{ - office - } { + agency + } shall issue a temporary license
which shall be valid for one year following the date of issuance
or until the date the temporary licensee obtains a permanent
license pursuant to ORS 694.085, whichever date occurs first.
(3) A temporary license issued under this section shall allow
the holder of the license to practice as a hearing aid dealer
only under the supervision of a licensed hearing aid dealer, in
accordance with rules adopted by the { - office - } { +
agency + }.
(4) If a person who holds a temporary license issued under this
section is found by the Health Licensing Office to be dealing in
hearing aids without the supervision required in subsection (3)
of this section, the { - office - } { + agency + } may revoke
or suspend the temporary license.
{ + NOTE: + } Inserts correct defined term in (2), (3) and
(4). See ORS 694.015 (1).
SECTION 277. ORS 694.115 is amended to read:
694.115. (1) A person who holds a license shall notify the
Health Licensing Office in writing of the regular address of the
place or places where the person deals or intends to deal in
hearing aids.
(2) The { - office - } { + agency + } shall keep a record
of the places of business of persons who hold a license.
(3) Any notice required to be given by the { - office - }
{ + agency + } to a person who holds a license may be given by
mailing it to the address of the last place of business of which
the person has notified the { - office - } { + agency + }.
{ + NOTE: + } Inserts correct defined term in (2) and (3).
See ORS 694.015 (1).
SECTION 278. ORS 694.136 is amended to read:
694.136. (1) Any person licensed under ORS 694.015 to 694.170
may have the license revoked or suspended for a fixed period, or
may be placed on probation by the Health Licensing Office for any
of the following causes:
(a) The person, in the application for a license, or in any
written or oral communication to the { - office - }
{ + agency + } concerning the issuance or retention of the
license, has made any material misstatement of fact, or has
failed to disclose any material fact necessary to make that which
is stated not misleading.
(b) Using or causing or promoting the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, insignia or any other representation, however disseminated
or published, which is false, misleading or deceptive.
(c) Employing directly or indirectly any suspended or
unlicensed person to perform any work covered by ORS 694.015 to
694.170.
(d) Failing or refusing to honor or to perform as represented
any representation, promise, agreement or warranty in connection
with the promotion, dispensing or fitting of a hearing aid.
(e) Advertising a particular model, type or kind of hearing aid
for sale which purchasers or prospective purchasers responding to
the advertisement cannot purchase.
(f) Fitting or dispensing a hearing aid for use by any person
without first determining through direct observation and personal
interview whether any of the following conditions exist and, if
so determined, failing to refer the person to a licensed medical
physician specializing in diseases of the ear or if no such
licensed physician is available in the community, to any licensed
medical physician:
(A) Visible congenital or traumatic deformity of the ear;
(B) History of, or active drainage from the ear within the
previous 90 days;
(C) History of sudden or rapidly progressive hearing loss
within the previous 90 days;
(D) Acute or chronic dizziness;
(E) Unilateral hearing loss of sudden or recent onset within 90
days;
(F) Significant air-bone gap (greater than or equal to 15
decibels, American National Standards Institute, 500, 1,000 and
2,000 Hz average); or
(G) Any other condition that the { - office - }
{ + agency + } may by rule establish.
(g) Fitting or dispensing a hearing aid for use by any person
under 16 years of age unless within 90 days of such sale the
child has been referred:
(A) To an otolaryngologist for examination and for a
recommendation of corrective measures which may be required; or
(B) To a properly licensed medical physician for like
examination and recommendation; or
(C) To an audiologist licensed by the State of Oregon for an
evaluation of the child's hearing and for a recommendation of
corrective measures which may be required if the child is also
examined by a properly licensed medical physician who gives
approval for possible hearing aid use.
(h) Representing that the services or advice of a person
licensed to practice medicine and surgery, osteopathy and
surgery, or a clinical audiologist will be used or made available
in the selection, fitting, adjustment, maintenance or repair of
hearing aids when that is not true, or using the word 'doctor, '
' clinic,' or other words, abbreviations, or symbols which tend
to connote a medical or osteopathic profession when such use is
not accurate.
(i) Permitting another to use the license.
(j) Engaging in the fitting or dispensing of hearing aids while
suffering from a contagious or infectious disease involving undue
risk to the public.
(k) Dealing in hearing aids under a false, misleading or
deceptive name.
(L) For any violation of the provisions of ORS 694.015 to
694.170.
(m) Failure to properly and reasonably accept responsibility
for the actions of employees.
(n) Allowing a person issued a temporary license to deal in
hearing aids without direct supervision.
(o) Failure by a hearing aid dealer to maintain a business
address and telephone number at which the dealer may be reached
during normal business hours.
(p) Gross incompetence in dealing in hearing aids.
(q) Sale of a hearing aid by direct mail. For purposes of this
paragraph, delivery by mail of a replacement hearing aid or parts
does not constitute sale by direct mail.
(r) Conviction of a crime where the crime bears a demonstrable
relationship to the practice of dealing in hearing aids.
(s) Failing to adhere to current federal Food and Drug
Administration regulations for hearing aids.
(2) If the person or the parents or guardian of the person
refuse for good cause to seek medical opinion, the person dealing
in hearing aids shall obtain from the person or the parents or
guardian of the person a certificate to that effect in a form as
prescribed by the { - office - } { + agency + }. It is a
violation of subsection (1)(f) of this section for any person
dealing in hearing aids or employees and putative agents thereof,
upon making such required referral for medical opinion, to in any
manner whatsoever disparage or discourage a prospective hearing
aid user from seeking such medical opinion prior to the fitting
and dispensing of a hearing aid. Nothing required to be performed
by a person dealing in hearing aids under subsection (1)(f) of
this section means that the person is engaged in the diagnosis of
illness or the practice of medicine or any other activity
prohibited by the provisions of ORS 694.036, 694.042, 694.095 and
this section.
(3) If the parents or guardian of a person under 16 years of
age refuses for good cause to seek medical opinion, the person
dealing in hearing aids shall obtain from such parents or
guardian a certificate to that effect in a form prescribed by the
{ - office - } { + agency + }. However, the replacement of an
identical hearing aid within one year is not subject to
subsection (1)(g) of this section.
{ + NOTE: + } Inserts correct defined term in (1)(a),
(1)(f)(G), (2) and (3). See ORS 694.015 (1).
SECTION 279. { + ORS 696.495 is added to and made a part of
ORS 696.010 to 696.490. + }
{ + NOTE: + } Adds section to appropriate series.
SECTION 280. ORS 701.005 is amended to read:
701.005. As used in this chapter:
(1) 'Board' means the Construction Contractors Board.
(2) 'Consultant' means a person { - registered - }
{ + licensed + } as a contractor with the board who inspects or
otherwise provides services to a property owner or other
contractor but who does not substantively add to or subtract from
a structure. 'Consultant ' includes but is not limited to home
inspectors certified under ORS 701.350, lead-based paint
inspectors licensed under ORS 701.515, and cross connection and
backflow prevention device inspectors certified under ORS
448.279.
(3) 'Contractor' means a person who, for compensation or with
the intent to sell, arranges or undertakes or offers to undertake
or submits a bid to construct, alter, repair, add to, subtract
from, improve, inspect, move, wreck or demolish, for another, any
building, highway, road, railroad, excavation or other structure,
project, development or improvement attached to real estate or to
do any part thereof. 'Contractor' includes general contractors,
residential-only contractors and specialty contractors as defined
in this section.
(4) 'General contractor' means a contractor whose business
operations require the use of more than two unrelated building
trades or crafts that the contractor supervises or performs in
whole or part, whenever the sum of all contracts on any single
property, including materials and labor, exceeds an amount
established by rule by the board. 'General contractor' does not
include specialty contractors, as defined in subsection (8) of
this section, or limited contractors, as described in ORS
701.085.
(5) 'Home inspector' means a person who, for a fee, inspects
and provides written reports on the overall physical condition of
a residential structure and the appurtenances thereto. 'Home
inspector' does not include persons certified under ORS chapter
455 to inspect new, repaired or altered structures for compliance
with the state building code.
(6) 'Residential-only contractor' means a general contractor or
specialty contractor who performs work exclusively in connection
with residential structures and the appurtenances thereto.
'Residential-only contractor' includes, but is not limited to:
(a) A person who purchases or owns property and constructs or
for compensation arranges for the construction of one or more
residential structures with the intent of selling the residential
structure or structures;
(b) A school district, as defined in ORS 332.002, that permits
students to construct a structure as an educational experience to
learn building techniques and, upon completion of the residential
structure, the district sells the completed residential
structure;
(c) A community college district, as defined in ORS 341.005,
that permits students to construct a residential structure as an
educational experience to learn building techniques and upon
completion of the residential structure, the district sells the
completed structure; or
(d) Any person except a landscape contractor, nurseryman,
gardener or person engaged in the commercial harvest of forest
products who is engaged as an independent contractor to remove
trees, prune trees, remove tree limbs or stumps or to engage in
tree or limb guying.
(7) 'Residential structure' means a residence, including a
site-built home, a modular home constructed off-site, a floating
home as defined in ORS 830.700, a condominium and a manufactured
dwelling, a duplex or multiunit residential building consisting
of four units or less. 'Residential structure' includes any
nonresidential structure with a ground area of 4,000 square feet
or less and is not more than 20 feet in height from the top
surface of the lowest flooring to the highest interior overhead
finish of the building.
(8) 'Specialty contractor' means a contractor who performs work
on a structure, project, development or improvement and whose
operations as such do not fall within the definition of 'general
contractor.' 'Specialty contractor' includes a person who
performs work regulated under ORS chapter 446.
{ + NOTE: + } Corrects terminology in (2).
SECTION 281. ORS 701.252 is amended to read:
701.252. The Construction Contractors Board shall maintain and
make available to the public a record of grievances made to the
board against contractors that are { - registered - }
{ + licensed + } under this chapter. The board shall separately
record:
(1) Inquiries for which no investigation has taken place;
(2) Claims that are being processed but upon which action has
not been completed;
(3) Claims that have been voluntarily settled by the contractor
and the claimant;
(4) Claims that have resulted in a final order of the board to
dismiss the claim; and
(5) Claims that have resulted in a final order of the board to
require payment to the claimant.
{ + NOTE: + } Corrects terminology in first sentence.
SECTION 282. ORS 701.990 is amended to read:
701.990. (1) Violation of ORS 701.055 (1) is a Class B
misdemeanor.
(2) The intentional use of a contractor's
{ - registration - } { + license + } number without the
authorization of the { - registered - } { + licensed + }
contractor is a Class B misdemeanor.
(3) Use of a contractor's { - registration - }
{ + license + } number, with or without the authorization of the
{ - registered - } { + licensed + } contractor, with the
intent to deceive the public is a Class B misdemeanor.
{ + NOTE: + } Corrects terminology in (2) and (3).
SECTION 283. ORS 717.200 is amended to read:
717.200. As used in ORS 717.200 to 717.320, 717.900 and
717.905, unless the context requires otherwise:
(1) 'Applicant' means a person filing an application for a
license under ORS 717.200 to 717.320, 717.900 and 717.905.
(2) 'Authorized delegate' means a person designated by the
licensee under the provisions of ORS 717.200 to 717.320, 717.900
and 717.905 to sell or issue payment instruments or engage in the
business of transmitting money on behalf of a licensee.
(3) 'Control' means the possession, directly or indirectly, of
the power to direct or cause the direction of the management and
policies of a person, whether through ownership of voting
securities, by contract or otherwise.
(4) 'Controlling person' means any person in control of a
licensee or applicant for a license.
(5) 'Controlling shareholder' means any person, or group of
persons acting in concert, that owns 25 percent or more of any
voting class of an applicant's stock.
(6) 'Director' means the Director of the Department of Consumer
and Business Services.
(7) 'Electronic instrument' means a card or other tangible
object for the transmission or payment of money that contains a
microprocessor chip, magnetic stripe or other means for the
storage of information, that is prefunded and for which the value
is decremented upon each use. 'Electronic instrument' does not
include a card or other tangible object that is redeemable by the
issuer in the issuer's goods or services.
(8) 'Executive officer' means the licensee's president,
chairperson of the executive committee, senior officer
responsible for the licensee's business, chief financial officer
and any other person who performs similar functions.
(9) 'Licensee' means a person licensed under ORS 717.200 to
717.320, 717.900 and 717.905.
(10) 'Material litigation' means any litigation that, according
to generally accepted accounting principles, is deemed
significant to an applicant's or licensee's financial health and
would be required to be referenced in the applicant's or
licensee's annual audited financial statements, report to
shareholders or similar documents.
(11) 'Money transmission' means the sale or issuance of payment
instruments or engaging in the business of receiving money for
transmission or transmitting money within the United States or to
locations abroad by any and all means, including but not limited
to payment instrument, wire, facsimile or electronic transfer.
(12) 'Payment instrument' means any electronic or written
check, draft, money order, { - travelers' - }
{ + traveler's + } check or other electronic or written
instrument or order for the transmission or payment of money,
sold or issued to one or more persons, whether or not the
instrument is negotiable. 'Payment instrument' does not include
any credit card voucher, any letter of credit or any instrument
that is redeemable by the issuer in goods or services.
(13) 'Outstanding payment instrument' means any payment
instrument issued by a licensee that has been sold in the United
States directly by the licensee or any payment instrument issued
by a licensee that has been sold in the United States by an
authorized delegate of the licensee, that has been reported to
the licensee as having been sold and that has not yet been paid
by or for the licensee.
(14) 'Permissible investments' means:
(a) Cash;
(b) Certificates of deposit or other debt obligations of a
financial institution, either domestic or foreign;
(c) Bills of exchange or time drafts drawn on and accepted by a
commercial bank, otherwise known as bankers' acceptances, that
are eligible for purchase by member banks of the Federal Reserve
System;
(d) Any investment security bearing a rating of one of the
three highest grades as defined by a nationally recognized
organization that rates such securities;
(e) Investment securities that are obligations of the United
States Government, its agencies or instrumentalities, or
obligations that are guaranteed fully as to principal and
interest by the United States, or any obligations of any state,
municipality or any political subdivision thereof;
(f) Shares in a money market mutual fund, interest-bearing
bills, notes or bonds, debentures or stock traded on any national
securities exchange or national market system, mutual funds
primarily composed of such securities or a fund composed of one
or more permissible investments as set forth herein;
(g) Any demand borrowing agreement or agreements made to a
corporation or a subsidiary of a corporation whose capital stock
is listed on a national securities exchange;
(h) Receivables that are due to a licensee from the licensee's
authorized delegates under a contract described in ORS 717.270
and that are not past due or doubtful of collection; or
(i) Any other investments or security device approved by the
Director of the Department of Consumer and Business Services.
(15) 'Person' means any individual, partnership, association,
joint stock association, limited liability company, trust or
corporation.
(16) 'Remit' means either to make direct payment of the funds
to a licensee or representatives of a licensee authorized to
receive those funds, or to deposit the funds in a bank, credit
union or savings and loan association or other similar financial
institution in an account specified by the licensee.
(17) 'Security device' means a surety bond, irrevocable letter
of credit issued by an insured institution as defined in ORS
706.008 or other similar security acceptable to the Director of
the Department of Consumer and Business Services.
{ + NOTE: + } Corrects punctuation in (12).
SECTION 284. ORS 717.255 is amended to read:
717.255. (1) The Director of the Department of Consumer and
Business Services may conduct an annual on-site examination of a
licensee upon reasonable notice to the licensee. The examination
may be conducted at the principal place of business of the
licensee. Upon reasonable notice, the director may also conduct
an examination of any location of the licensee and its authorized
delegates. The on-site examination may be conducted in
conjunction with examinations to be performed by representatives
of agencies of other states. In lieu of an annual on-site
examination, the director may accept the examination report of an
agency of another state or a report prepared by an independent
{ - accounting firm - } { + accountancy organization + }.
Reports so accepted are considered for all purposes as an
official report of the director.
(2) The director may conduct an on-site examination of a
licensee or any authorized delegate without prior notice to the
licensee or authorized delegate if the director has a reasonable
basis to believe that the licensee or authorized delegate is in
violation of any provision of ORS 717.200 to 717.320, 717.900 and
717.905. The examination may be conducted at the principal place
of business of the licensee or authorized delegate.
(3) The director shall have authority to examine under oath all
persons whose testimony the director may require in order to
conduct the examination.
(4) Each licensee examined under this section shall pay $60 per
hour for each examiner, plus costs of an examination, to the
director. The director may maintain an action for the recovery of
such costs in any court of competent jurisdiction.
{ + NOTE: + } Corrects terminology in (1).
SECTION 285. ORS 722.162 is amended to read:
722.162. (1) This section applies to domestic associations and
to foreign or federal associations doing business in this state.
(2) As used in this section:
(a) 'Emergency' means any condition or occurrence which may
interfere with the conduct of normal business operations at the
principal office or one or more of the branches of an
association, or which poses an imminent or existing threat to the
safety or security of persons or property { - ; - } { + . + }
(b) 'Open for the general conduct of association business '
means the office or offices of the association are open for
carrying on substantially all business functions of the
association.
(3) The following days are optional holidays for purposes of
this section:
(a) Each Saturday and Sunday.
(b) New Year's Day on January 1.
(c) Martin Luther King, Jr.'s birthday on the third Monday in
January.
(d) Presidents Day, on the third Monday in February.
(e) Memorial Day on the last Monday in May.
(f) Independence Day on July 4.
(g) Labor Day on the first Monday in September.
(h) Columbus Day on the second Monday in October.
(i) Veterans Day on November 11.
(j) Thanksgiving Day on the fourth Thursday in November.
(k) Christmas Day on December 25.
(4) When an optional holiday, other than a Saturday, falls on
Saturday, the association may observe the holiday either on that
day or on the preceding Friday. When an optional holiday, other
than a Sunday, falls on a Sunday, the association may observe the
holiday either on that day or on the succeeding Monday.
(5) Except as otherwise provided in this section, associations
shall be open for the general conduct of association business on
each day that is not an optional holiday.
(6) Any savings association may remain closed on any holiday
with respect to all or any of its functions.
(7) Subject to any applicable federal law or regulation, an
office of a savings association may be closed for any part or all
of any day other than a holiday if the times or days which the
office is open are posted on the premises of the office.
(8) When the Director of the Department of Consumer and
Business Services determines that an emergency exists, the
director may authorize the closing of the principal office or any
branch of an association that may be affected by the emergency.
The office or branch so closed may remain closed until the
director determines that the emergency has ended and for such
further time thereafter as may reasonably be required to prepare
the office or branch to reopen.
(9) When the officers of an association determine that an
emergency exists which affects the principal office or a branch
of the association, they may close the office or branch without
the approval of the director for a period not to exceed 48 hours,
excluding holidays, during the continuation of the emergency. An
association closing an office or branch under this subsection
shall give prompt notice of its action to the director or, in the
case of a foreign or federal association, to its supervisory
authority.
(10) The principal officers of a savings association may close
any office of the association on any day designated, by
proclamation of the President of the United States or the
Governor of this state, as a day of mourning, rejoicing or other
special observance.
(11) When any obligation payable at, by or through an
association, principal office or branch falls due on a day on
which it remains closed under this section, it shall be due and
payable on the next day on which the association, office or
branch is reopened. Any act authorized, required or permitted to
be performed at, by or with respect to any savings association,
office or branch on a day on which it remains so closed may be
performed on the next succeeding day on which the association,
office or branch is reopened; and no liability or loss of rights
of any kind shall result from such closing.
{ + NOTE: + } Corrects punctuation in (2)(a).
SECTION 286. ORS 723.008 is amended to read:
723.008. As used in ORS { - 723.008, - } 723.136 { - , - }
{ + and + } 723.462 to 723.498 { - and 723.840 - } , 'credit
union' means a credit union organized under this chapter, an
interstate credit union doing business in this state or a federal
credit union.
{ + NOTE: + } Deletes incorrect ORS references.
SECTION 287. ORS 723.152 is amended to read:
723.152. In addition to the powers conferred by the general
corporation law a credit union may, subject to the restrictions
and limitations contained in this chapter and its bylaws:
(1) Make contracts.
(2) Sue and be sued.
(3) Adopt and use a common seal and alter same.
(4) Acquire, lease, hold and dispose of property, either in
whole or in part, necessary or incidental to its operations.
(5) At the discretion of the board of directors, require the
payment of an entrance fee or annual membership fee, or both, of
any person admitted to membership.
(6) Receive savings from its members in the form of various
classes of shares, deposits or deposit certificates, deposit
accounts or special-purpose thrift accounts.
(7) Receive from its members or from another credit union
deposits or deposit certificates, deposit accounts or various
classes of shares payable on nonnegotiable request.
(8) Lend its funds to its members and credit unions as provided
in this chapter.
(9) Acquire and lease personal property at the request of a
member who wishes to lease the property on terms requiring
payment, during the term of the lease, of rents that exceed the
total expenditures made by the credit union for the acquisition,
ownership, financing and protection of the property. Rents may
include residual value payments that are the obligation of a
responsible third party.
(10) Borrow from any source in accordance with policy
established by the board of directors and issue debentures
pursuant to a plan approved by the Director of the Department of
Consumer and Business Services. The debentures shall be
subordinate to the shares and deposits of the credit union.
(11) Discount and sell any eligible obligations, subject to
rules adopted by the Director of the Department of Consumer and
Business Services.
(12) Sell all or substantially all of its assets or purchase
all or substantially all of the assets of another credit union,
subject to the approval of the director.
(13) Invest surplus funds as provided in this chapter.
(14) Make deposits in legally chartered banks, savings banks,
savings and loan associations, trust companies and credit unions.
(15) Assess charges to members in accordance with the bylaws
for failure to meet promptly their obligations to the credit
union.
(16) Hold membership in other credit unions organized under
this chapter or other state or federal laws, and in other
associations and organizations composed of credit unions.
(17) Declare dividends, pay interest on deposit and deposit
certificate accounts and pay interest refunds to borrowers as
provided in this chapter.
(18) Collect, receive and disburse moneys in connection with
the sale of { - travelers' - } { + traveler's + } checks,
money orders, prepaid phone cards and other money-type
instruments and products, and for such other purposes as may
provide benefit or convenience to its members, and charge a
reasonable fee for such services.
(19) Receive deposits from the federal government or this
state, or any agency or political subdivision thereof, when
payable for the accounts of members.
(20) With the approval of the director, purchase accounting
services, participate in a service center or share quarters and
carry on business operations either individually or jointly with
one or more state or federal credit unions or with an association
of credit unions in this state. A credit union may purchase stock
of a corporation that provides the services described in this
subsection. The stock purchase shall be limited to one percent of
the credit union's assets.
(21) Make donations or contributions to any civic, charitable,
political or community organization as authorized by the board of
directors, subject to any rules adopted by the director.
(22) Act as a custodian of qualified pension funds of members
if permitted by federal law.
(23) Purchase or make available insurance for its directors,
officers, agents, employees and members.
(24) Allow its members to use share accounts, deposit accounts
or deposit certificate accounts as share draft accounts as
provided in ORS 723.434.
(25) Provide digital signature verification or other electronic
authentication services to its members.
(26) Act as trustee or custodian for members of individual
retirement accounts or other arrangements established pursuant to
sections 408 and 530 of the Internal Revenue Code, deferred
compensation accounts established pursuant to section 457 of the
Internal Revenue Code, or any other qualified individual
retirement account established pursuant to the provisions of the
federal Employee Retirement Income Security Act of 1974, provided
that the trust or custodial agreement establishing the
arrangement requires all funds subject to the arrangement to be
invested exclusively in share accounts in the credit union. The
State of Oregon, or the applicable instrumentality or
municipality, shall be deemed to be a member with respect to such
deposits, except that the state or other instrumentality or
municipality shall not be entitled to vote, hold office or
otherwise participate in the management or operation of the
credit union.
(27) Indemnify its directors, officers, employees and committee
members or other volunteers in accordance with the provisions of
its articles, bylaws and the indemnification provisions of ORS
chapter 60.
(28) Exercise other powers that are necessary to carry out the
credit union's purpose.
{ + NOTE: + } Corrects punctuation in (18).
SECTION 288. ORS 731.642 is amended to read:
731.642. The Director of the Department of Consumer and
Business Services { + , + } in performing duties under ORS
731.604 to 731.652 and after consultation with the State
Treasurer, may enter into contracts with banks qualified to act
as trust companies and as depositories of state funds to hold and
service securities deposited by insurers with the Department of
Consumer and Business Services. The insurers whose securities are
held and serviced by the banks shall pay for the cost of such
contracts.
{ + NOTE: + } Inserts comma after first clause.
SECTION 289. ORS 743.693 is amended to read:
743.693. All health benefit plans as defined in ORS 743.730
must provide payment or reimbursement for expenses associated
with pregnancy care, as defined by ORS 743.845 { - (1)(b) - } ,
and childbirth. Benefits provided under this section shall be
extended to all enrollees, enrolled spouses and enrolled
dependents.
{ + NOTE: + } Deletes unnecessary subsection reference.
SECTION 290. ORS 743.811 is amended to read:
743.811. The provisions of ORS 743.801, 743.803, 743.806,
743.808 and 743.809 do not apply to medical services contracts
for services to be provided under ORS chapter 656 { - or
chapter 758, Oregon Laws 1993 - } .
{ + NOTE: + } Deletes obsolete reference.
SECTION 291. ORS 743.845 is amended to read:
743.845. (1) For purposes of this section:
{ + (a) 'Pregnancy care' means the care necessary to support
a healthy pregnancy and care related to labor and delivery. + }
{ - (a) - } { + (b) + } 'Women's health care provider'
means an obstetrician or gynecologist, physician assistant
specializing in women's health, advanced registered nurse
practitioner specialist in women's health or certified nurse
midwife, practicing within the applicable lawful scope of
practice.
{ - (b) 'Pregnancy care' means the care necessary to support
a healthy pregnancy and care related to labor and delivery. - }
(2) Every health insurance policy that covers hospital, medical
or surgical expenses and requires an enrollee to designate a
participating primary care provider shall permit a female
enrollee to designate a women's health care provider as the
enrollee's primary care provider if:
(a) The women's health care provider meets the standards
established by the insurer in collaboration with interested
parties, including but not limited to the Oregon section of the
American College of Obstetricians and Gynecologists; and
(b) The women's health care provider requests that the insurer
make the provider available for designation as a primary care
provider.
(3) If a female enrollee has designated a primary care provider
who is not a women's health care provider, an insurance policy as
described in subsection (2) of this section shall permit the
enrollee to have direct access to a women's health care provider
for the following services:
(a) At least one annual preventative women's health
examination;
(b) Medically necessary follow-up visits resulting from a
preventative women's health examination. A health plan may
require the women's health care provider to notify and consult
with the enrollee's primary care provider; and
(c) Pregnancy care.
(4) The standards established by the insurer under subsection
(2) of this section shall not prohibit an insurer from
establishing the maximum number of participating primary care
providers and participating women's health care providers
necessary to serve a defined population or geographic service
area.
{ + NOTE: + } Alphabetizes definitions in (1).
SECTION 292. ORS 757.005 is amended to read:
757.005. (1)(a) As used in this chapter, except as provided in
paragraph (b) of this subsection, 'public utility' means:
(A) Any corporation, company, individual, association of
individuals, or its lessees, trustees or receivers, that owns,
operates, manages or controls all or a part of any plant or
equipment in this state for the production, transmission,
delivery or furnishing of heat, light, water or power, directly
or indirectly to or for the public, whether or not such plant or
equipment or part thereof is wholly within any town or city. '
Public utility' includes a privately owned water utility that
provides wastewater services to the public inside the boundaries
of a city, either directly or through an affiliate, regardless of
the number of customers receiving wastewater services.
(B) Any corporation, company, individual or association of
individuals, which is party to an oral or written agreement for
the payment by a public utility, for service, managerial
construction, engineering or financing fees, and having an
affiliated interest with the public utility.
(b) As used in this chapter, 'public utility' does not include:
(A) Any plant owned or operated by a municipality.
(B) Any railroad, as defined in ORS 824.020, or any industrial
concern by reason of the fact that it furnishes, without profit
to itself, heat, light, water or power to the inhabitants of any
locality where there is no municipal or public utility plant to
furnish the same.
(C) Any corporation, company, individual or association of
individuals providing heat, light or power:
(i) From any energy resource to fewer than 20 customers, if it
began providing service to a customer prior to July 14, 1985;
(ii) From any energy resource to fewer than 20 residential
customers so long as the corporation, company, individual or
association of individuals serves only residential customers;
(iii) From solar or wind resources to any number of customers;
or
(iv) From biogas, waste heat or geothermal resources for
nonelectric generation purposes to any number of customers.
(D) A qualifying facility on account of sales made under the
provisions of ORS 758.505 to 758.555.
(E) Any water utility serving less than 300 customers at an
average annual residential rate of $18 per month or less that
provides adequate and nondiscriminatory service and that does not
provide wastewater services.
(F) Any person furnishing heat, but not delivering electricity
or natural gas to its customers, except:
(i) As provided in ORS 757.007 and 757.009; or
(ii) With respect to heat furnished in municipalities which on
January 1, 1989, had a municipally owned system that was
furnishing steam or other thermal forms of heat to its customers.
(G) Notwithstanding subparagraph (F) of this paragraph, any
corporation, company, partnership, individual or association of
individuals furnishing heat to a single thermal end user from an
electric generating facility, plant or equipment that is
physically interconnected with the single thermal end user.
(H) Any corporation, company, partnership, individual or
association of individuals that furnishes natural gas,
electricity, ethanol, methanol, methane, biodiesel or other
alternative fuel to any number of customers for use in motor
vehicles and does not furnish any utility service described in
paragraph (a) of this subsection.
(I) An electricity service supplier, as defined in ORS 757.600.
(2) Nothing in subsection (1)(b)(C) { - (iv) - } of this
section shall prohibit third party financing of acquisition or
development by a utility customer of energy resources to meet the
heat, light or power requirements of that customer.
{ + NOTE: + } Corrects subparagraph reference in (2).
SECTION 293. ORS 757.552 is amended to read:
757.552. (1) It is the function of the board of directors to
operate the Oregon Utility Notification Center, through which a
person shall notify operators of underground facilities of
proposed excavations and request that the underground facilities
be marked.
(2) The board of directors shall:
(a) Utilize a competitive process to contract with any
qualified person to provide the notification required under
subsection (1) of this section.
(b) Subject to subsection (3) of this section, establish rates,
on a per call basis, under which subscribers shall pay to fund
all of the activities of the Oregon Utility Notification Center.
(c) Adopt rules according to ORS 183.310 to 183.550 { - to
become effective July 1, 1997, - } that regulate the
notification and marking of underground facilities to prevent
damage to underground facilities. The rules, insofar as is
practicable, shall be consistent with the Oregon Utilities
Coordinating Council Standards Manual of March 31, 1995.
(3) The Oregon Utility Notification Center shall have all of
the powers of a state agency. Except as provided in subsection
(2) of this section, the provisions of ORS chapters 240, 276,
279, 282, 283, 291, 292 and 293 shall not apply to the Oregon
Utility Notification Center.
(4) Notwithstanding subsection (2)(b) of this section, the
board of directors shall not establish rates or other charges
that require payments from any subscriber who receives fewer than
50 telephone calls in the calendar year or that result in annual
payments of more than $500 for any of the following subscribers:
(a) Cities with a population under 15,000;
(b) Telecommunications utilities serving fewer than 50,000
access lines and regulated by the Public Utility Commission under
ORS chapter 759;
(c) Cable system operators serving fewer than 15,000 customers;
(d) Utilities, special districts, people's utility districts or
authorities providing electricity, water or sanitary sewer
service to fewer than 15,000 residential customers; and
(e) Telecommunications cooperatives.
{ + NOTE: + } Deletes obsolete provision in (2)(c).
SECTION 294. ORS 757.557 is amended to read:
757.557. (1) { - On or before July 1, 1997, - } Every
operator of underground facilities shall subscribe to the Oregon
Utility Notification Center.
(2) { - On and after July 1, 1997, - } Any person intending
to excavate shall notify the Oregon Utility Notification Center
at least two but not more than 10 business days before commencing
an excavation. The board of directors shall, by rule, provide an
exception to the requirement of advance notice for excavators in
cases that involve an immediate danger to life or property, or a
customer service outage. The board may adopt additional
exceptions as the board, in its discretion, determines necessary.
(3) { - After July 1, 1997, - } Nonsubscribing operators of
underground facilities shall be responsible to all injured
parties for all costs associated with damages to such facilities,
loss of product or service or damages that occur as a result of
excavation where the facilities damaged are under the control of
the nonsubscribing operator and proper notice was given to the
Oregon Utility Notification Center.
(4) The provisions of this section shall not apply to operators
of underground facilities that are located entirely on private
property and that provide services exclusively for the use of
residents or owners of the property.
{ + NOTE: + } Deletes obsolete provisions in (1), (2) and
(3).
SECTION 295. ORS 759.405 is amended to read:
759.405. (1) A telecommunications carrier may elect to be
subject to this section and ORS 759.410. The telecommunications
carrier shall notify, in writing, the Public Utility Commission
of its election. Such election shall be effective 30 days after
the written notification is received by the Public Utility
Commission. A telecommunications carrier that elects to be
subject to this section and ORS 759.410 shall be subject to the
infrastructure investment and price regulation requirements of
this section and ORS 759.410 and shall not be subject to any
other regulation based on earnings, rates or rate of return.
(2) A telecommunications carrier that elects to be subject to
this section and ORS 759.410 shall establish in its accounts a
Telecommunications Infrastructure Account. The telecommunications
carrier shall commit to its Telecommunications Infrastructure
Account over a four-year period amounts totaling 20 percent of
the telecommunications carrier's gross regulated intrastate
revenue for the calendar year immediately prior to the year the
telecommunications carrier elects to be subject to this section
and ORS 759.410. Of the total committed amount, 30 percent shall
be credited to and made available for the purposes of the
electing carrier's account on the date the telecommunications
carrier's election becomes effective. An electing
telecommunications carrier shall credit an equal amount on the
same date in the next following year. The electing carrier shall
credit to its Telecommunications Infrastructure Account an amount
equal to 20 percent of the total committed amount on the same
date in each of the next following two years.
(3)(a) A telecommunications carrier that elects to be subject
to this section and ORS 759.410 shall expend the moneys in the
telecommunications carrier's Telecommunications Infrastructure
Account on a plan or plans approved by the Oregon Economic
{ + and Community + } Development Commission under ORS 759.430.
Subject to paragraphs (c) and (d) of this subsection, the total
amount of capital and other expenses associated with completing
the projects shall equal the total amount of moneys available in
the account.
(b) Moneys in the account shall be used primarily to ensure
that rural and urban Oregonians have improved access to
telecommunications technology and services. Expenditures from the
account shall be used for investment in telecommunications
infrastructure and deployment of new and advanced
telecommunications services.
(c)(A) Within 120 days following the effective date of a
telecommunications carrier's election to be regulated under this
section and ORS 759.410, but not later than January 1 of the year
following the effective date of a telecommunications carrier's
election, and on the same date in each of the next following
three years, a telecommunications carrier serving less than one
million access lines in Oregon shall transfer 40 percent of the
moneys most recently credited to its Telecommunications
Infrastructure Account to the Connecting Oregon Communities Fund
established under ORS 759.445.
(B) Within 120 days following the effective date of a
telecommunications carrier's election to be regulated under this
section and ORS 759.410, but not later than January 1 of the year
following the effective date of a telecommunications carrier's
election, and on the same date in the next following year, a
telecommunications carrier serving one million or more access
lines in Oregon shall transfer 70 percent of the moneys most
recently credited to its Telecommunications Infrastructure
Account to the Connecting Oregon Communities Fund established
under ORS 759.445.
(d) Notwithstanding ORS 285A.075 (2), if the Oregon Economic
and Community Development Commission determines, following notice
and a public hearing, that the telecommunications carrier is not
complying with plans or plan modifications approved under ORS
759.430, following notice to the telecommunications carrier and
reasonable opportunity to cure any noncompliance, the Oregon
Economic and Community Development Commission may require the
telecommunications carrier to transfer any or all moneys
remaining in the carrier's Telecommunications Infrastructure
Account, and any future amounts credited to the account, to the
Connecting Oregon Communities Fund established under ORS 759.445.
(4) Nothing in this section affects the authority of a city or
municipality to manage the public rights of way or to require
fair and reasonable compensation from a telecommunications
carrier, on a competitively neutral and nondiscriminatory basis,
under ORS 221.420, 221.450, 221.510 and 221.515.
{ + NOTE: + } Corrects official title in (3)(a).
SECTION 296. ORS 776.405 is amended to read:
776.405. (1)(a) Except as set forth in paragraph (b) of this
subsection, no person shall pilot any vessel upon any of the
pilotage grounds established under ORS 776.025 or 776.115 without
being a licensee under this chapter or a trainee under the
onboard supervision of a licensee under this chapter.
(b) Paragraph (a) of this subsection does not apply to:
(A) The master of a vessel under fishery, recreational or
coastwise indorsement provided under 46 U.S.C. chapter 121;
(B) A vessel registered with the State Marine Board or a
similar licensing agency of another state; or
(C) The master of a foreign registered fishing or recreational
vessel, exempted by the { + Oregon + } Board { + of Maritime
Pilots + }, of not more than 100 feet in length or 250 gross tons
international.
(2) A licensee under this chapter is at all times the servant
of the vessel being piloted and its owners and operators.
{ + NOTE: + } Sets forth official title in (1)(b)(C).
SECTION 297. ORS 802.010 is amended to read:
802.010. (1) The Department of Transportation shall perform all
of the duties, functions and powers with respect to the
following:
(a) The administration of the laws relating to the motor
vehicle fuel license tax, aircraft fuel license tax and use fuel
license tax including ORS chapter 319.
(b) The administration of the laws relating to motor vehicle
registration and titling and the issuance of certificates to
vehicle dealers and vehicle wreckers including but not limited to
the administration of the vehicle code.
(c) The administration of the laws relating to driving
privileges granted under licenses and permits and under the
vehicle code.
(d) The administration of the laws relating to operation of
vehicles on highways and of vehicle size, weight and use limits
under the vehicle code.
(e) The administration of ORS 820.130 and 820.140.
(f) The administration of the provisions relating to proof of
financial responsibility and future responsibility filings.
(2) The Director of Transportation shall act as a reciprocity
officer for the purposes of ORS 802.500 and 802.520.
(3) The director shall have the authority to execute or make
such arrangements, agreements or declarations to carry out the
provisions of ORS 802.500 and 802.520. The director shall receive
no additional compensation for service performed under this
{ - paragraph - } { + subsection + } but shall be allowed
actual and necessary expenses incurred in the performance of the
duties to be paid from the account of the department.
{ + NOTE: + } Corrects internal reference in (3).
SECTION 298. ORS 802.100 is amended to read:
802.100. The following accounts are established separate and
distinct from the General Fund for the financial administration
of those functions of the Department of Transportation dealing
with driver and motor vehicle services in accordance with ORS
802.110:
(1) The Department of Transportation Driver and Motor Vehicle
Suspense Account. The account established under this subsection
is a suspense account in the State Treasury that is used to
deposit moneys received by the department related to driver and
motor vehicle services and to make approved payments and
disbursals of funds before the department pays administrative
expenses related to the provision of driver and motor vehicle
services. The department shall transfer the money that is not to
be used to make approved payments and disbursals from the account
established under this subsection and that remains in the account
at the close of business on the last day of each month to the
Department of Transportation Driver and Motor Vehicle Services
Administrative Account on or before the 15th day of the following
month.
(2) The Department of Transportation Driver and Motor Vehicle
Services Administrative Account. The account established under
this subsection shall be used for the payment of administrative
expenses payable before money from the account is transferred to
the State Highway Fund. The department shall transfer the money
that is not to be used to make payments from the account
established under this subsection and that remains in the account
at the close of business on the last day of each month to the
State Highway Fund on or before the 15th day of the following
month.
(3) Environmental Quality Information Account. The account
established under this subsection is a separate account in the
State Treasury that shall be used to deposit moneys received from
the sale of customized registration plates under ORS 805.240.
Moneys in the account shall be used for programs under ORS
366.157. Moneys shall be deposited in the account after payment
of administrative expenses as provided under ORS 802.110.
(4) The Revolving Account for Emergency Cash Advances. The
account established under this subsection is a separate account
that shall be maintained for the payment of emergency cash
advances and taking up of dishonored remittances. { - The
account established under this subsection is a continuation of
the revolving fund established by section 1, chapter 89, Oregon
Laws 1931. - }
{ + NOTE: + } Deletes obsolete provision in (4).
SECTION 299. ORS 802.270 is amended to read:
802.270. (1) The Department of Transportation shall maintain
computerized records of insurance information. The department's
computer system shall contain information submitted by insurers
under ORS 742.580 and 806.195 { - and section 4a, chapter 746,
Oregon Laws 1993, - } and shall be accessible to law enforcement
agencies in the state for the purpose of determining whether a
particular person or vehicle is in compliance with the financial
responsibility requirements of this state.
(2) Information provided to the department by insurers under
ORS 742.580 and 806.195 { - and section 4a, chapter 746, Oregon
Laws 1993, - } may not be made available to anyone other than
law enforcement officials, employees of the department acting in
an official capacity, other governmental agencies if necessary
for them to carry out their duties, powers or functions or
individuals when the information is needed to determine insurance
coverage of the individual requester or another individual.
(3) A computer system designed for the purposes specified in
this section shall, to the extent possible, enable insurers to
transfer information directly to the computer in a way that is
most convenient for the insurers and the department.
(4) Records of insurance coverage maintained by the department
under this section are for the purpose of helping law enforcement
officials determine whether there are reasonable grounds to
believe that a person is operating a vehicle in violation of ORS
806.010. In any other dispute about motor vehicle insurance
coverage, if there is a conflict between the records of the
department and the records of the insurer, the records of the
insurer shall be presumed to be accurate.
{ + NOTE: + } Deletes obsolete provisions in (1) and (2).
SECTION 300. ORS 806.160 is amended to read:
806.160. (1) The Department of Transportation shall demand
{ + that + } a person { - to - } provide the department,
within 30 days after the date of the mailing of the demand,
{ - with - } satisfactory proof that the person is in
compliance with the financial responsibility requirements as of
the date of the letter from the department under ORS 806.150 if
the department has reasonable grounds to believe that the person
was or is violating any of the following, whether or not the
person has been convicted of the violation:
(a) Driving uninsured under ORS 806.010.
(b) Falsification of financial responsibility under ORS
806.050.
(2) If the person cannot provide the required proof within the
required time:
(a) The person is subject to the requirements under ORS
806.220; and
(b) The department shall also notify the district attorney of
the county in which the person resides of the department's belief
that the person was or is committing violations of ORS 806.010
and 806.050.
(3) No civil liability shall accrue to the department or any of
its employees for reports made to a district attorney under this
section.
{ + NOTE: + } Corrects syntax in (1).
SECTION 301. ORS 806.195 is amended to read:
806.195. (1) The Department of Transportation shall specify by
rule:
(a) Any information that insurers shall submit to the
department in addition to that specifically required by ORS
742.580 { - and section 4a, chapter 746, Oregon Laws 1993 - } .
(b) The form in which the information required by ORS 742.580
{ - and section 4a, chapter 746, Oregon Laws 1993, - } and by
rules adopted under this section shall be submitted.
(2) Information submitted to the department in accordance with
ORS 742.580 { - and section 4a, chapter 746, Oregon Laws
1993, - } and with rules adopted under this section shall be:
(a) Entered into a computer system maintained by the
department; and
(b) Made available to police officers in the most timely and
efficient way possible.
{ + NOTE: + } Deletes obsolete provisions in (1)(a), (1)(b)
and (2).
SECTION 302. ORS 807.252 is amended to read:
807.252. (1) The Department of Transportation may not issue a
hardship permit to a person whose driving privileges are
suspended for conviction of assault in the second, third or
fourth degree if the person, within 10 years preceding
application for the permit, has been convicted of { - a major
traffic offense as defined in ORS 153.500 (1997 Edition) or
of - } any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle { + or of:
(a) Reckless driving, as defined in ORS 811.140.
(b) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(c) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(d) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(e) Fleeing or attempting to elude a police officer, as defined
in ORS 811.540 + }.
{ + (2) + } A conviction arising out of the same episode as
the current suspension is not considered a conviction for
purposes of
{ - this subsection - } { + subsection (1) of this
section + }.
{ - (2) - } { + (3) + } The department may not issue a
hardship permit to a person whose driving privileges are
suspended for a conviction of assault in the second, third or
fourth degree:
(a) For a period of four years from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the second degree and
the person was not incarcerated for that conviction.
(b) For a period of four years from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
second degree and the person was incarcerated for that
conviction.
(c) For a period of two years from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the third degree and
the person was not incarcerated for that conviction.
(d) For a period of two years from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
third degree and the person was incarcerated for that conviction.
(e) For a period of six months from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the fourth degree and
the person is not incarcerated for that conviction.
(f) For a period of six months from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
fourth degree and the person was incarcerated for that
conviction.
{ - (3) - } { + (4) + } A hardship permit issued to a
person whose driving privileges are suspended because of a
conviction for assault in the second, third or fourth degree
shall limit the person's driving privileges:
(a) To the times, places, routes and days the department
determines to be minimally necessary for the person to retain
employment, to attend any alcohol treatment or rehabilitation
program or to obtain required medical treatment for the person or
a member of the person's immediate family; and
(b) To times, places, routes and days that are specifically
stated.
{ - (4) - } { + (5) + } The person's driving privileges
under the permit are subject to suspension or revocation if the
person does not maintain a good driving record, as defined by the
administrative rules of the department, during the term of the
permit.
{ - (5) - } { + (6) + } The department may require the
person to complete a driver improvement program under ORS 809.480
as a condition of the permit.
{ - (6) - } { + (7) + } The department shall condition the
permit so that the permit will be revoked if the person is
convicted of any of the following:
(a) Reckless driving under ORS 811.140.
(b) Driving under the influence of intoxicants under ORS
813.010.
(c) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(d) Fleeing or attempting to elude a police officer under ORS
811.540.
(e) Driving while suspended or revoked under ORS 811.175 or
811.182.
(f) Any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle.
{ + NOTE: + } Replaces obsolete ORS reference in (1) with
appropriate provisions. See definition of 'major traffic offense'
in ORS 153.500 (1997 Edition).
SECTION 303. ORS 809.610 is amended to read:
809.610. (1) When the Department of Transportation receives an
abstract of the conviction { - , - } under ORS 810.375, and the
conviction is the second one of those described by ORS 809.600
(1) for the person, the department immediately shall attempt to
notify the licensee and offer the licensee an opportunity of an
advisory meeting with a representative of the department. The
notice shall be accomplished by mailing the notice by first class
mail.
(2) If the licensee requests a meeting under subsection (1) of
this section, the meeting shall be held in the county wherein the
licensee resides. At the meeting, the department shall advise the
licensee of the provisions of the Habitual Traffic Offenders Act
and of the availability of educational programs for driver
improvement.
{ + NOTE: + } Deletes errant comma in (1).
SECTION 304. ORS 809.730 is amended to read:
809.730. (1) A motor vehicle may be seized and forfeited if the
person operating the vehicle is arrested or issued a citation for
driving while under the influence of intoxicants in violation of
ORS 813.010 and the person, within three years prior to the
arrest or issuance of the citation, has been convicted of
{ - or forfeited bail or security for - } :
(a) Driving while under the influence of intoxicants in
violation of ORS 813.010, or its statutory counterpart in another
jurisdiction; or
(b) Murder, manslaughter, criminally negligent homicide or
assault that resulted from the operation of a motor vehicle in
this state or in another jurisdiction.
(2) All seizure and forfeiture proceedings under this section
shall be conducted in accordance with ORS chapter 475A.
{ + NOTE: + } Deletes obsolete terminology in (1).
SECTION 305. Section 2, chapter 851, Oregon Laws 1999, is
amended to read:
{ + Sec. 2. + } (1) Notwithstanding any other provision of
law, if a city authorized to do so by section 1 { + , chapter
851, Oregon Laws 1999, + } { - of this 1999 Act - } chooses to
operate a camera demonstration project that complies with
{ - this 1999 Act - } { + chapter 851, Oregon Laws 1999 + }, a
citation for violation of ORS 811.265 may be issued on the basis
of photographs from a camera taken without the presence of a
police officer if the following conditions are met:
(a) Signs are posted, so far as is practicable, on all major
routes entering the jurisdiction indicating that compliance with
traffic control devices is enforced through cameras.
(b) Signs are posted near each traffic control device at which
a camera is installed, indicating that a camera may be in
operation at that device.
(c) The citation is mailed to the registered owner of the
vehicle, or to the driver if identifiable, within 10 business
days of the alleged violation.
(d) The registered owner is given 30 days from the date the
citation is mailed to respond to the citation.
(e) A police officer who has reviewed the photograph signs the
citation. The citation may be prepared on a digital medium, and
the signature may be electronic in accordance with the provisions
of ORS 192.825 to 192.855.
(2) If the person named as the registered owner of a vehicle in
the current records of the Department of Transportation fails to
respond to a citation issued under subsection (1) of this
section, { - the provisions of ORS 153.555 shall apply, and - }
a { + default + } judgment { + under ORS 153.102 + } may be
entered for failure to appear after notice has been given that
the judgment will be entered.
(3) A rebuttable presumption exists that the registered owner
of the vehicle was the driver of the vehicle when the citation
was issued and delivered as provided in this section.
(4) A person issued a citation under subsection (1) of this
section may respond to the citation by submitting a certificate
of innocence or a certificate of nonliability under subsection
(6) of this section or any other response allowed by law.
(5) A citation for violation of ORS 811.265 issued on the basis
of photographs from a camera installed as provided in { - this
1999 Act - } { + chapter 851, Oregon Laws 1999, + } may be
delivered by mail or otherwise to the registered owner of the
vehicle or to the driver if the driver is identifiable from the
photograph.
(6)(a) If a registered owner of a vehicle responds to a
citation issued under subsection (1) of this section by
submitting, within 30 days from the mailing of the citation, a
certificate of innocence swearing or affirming that the owner was
not the driver of the vehicle and a photocopy of the owner's
driver license, the citation shall be dismissed. The citation may
be reissued if the jurisdiction verifies that the registered
owner appears to have been the driver at the time of the
violation.
(b) If a business or public agency responds to a citation
issued under subsection (1) of this section by submitting, within
30 days from the mailing of the citation, a certificate of
nonliability stating that at the time of the alleged violation
the vehicle was in the custody and control of an employee or was
in the custody and control of a renter or lessee under the terms
of a motor vehicle rental agreement or lease, and if the business
or public agency provides the driver license number, name and
address of the employee, renter or lessee, the citation shall be
dismissed with respect to the business or public agency. The
citation may then be reissued and delivered by mail or otherwise
to the employee, renter or lessee identified in the certificate
of nonliability.
(7) The penalties for and all consequences of a violation of
ORS 811.265 initiated by the use of a camera installed as
provided in { - this 1999 Act - } { + chapter 851, Oregon
Laws 1999, + } are the same as for a violation initiated by any
other means.
(8) A registered owner or an employee, renter or lessee against
whom a judgment for failure to appear is entered may move the
court to relieve the owner or the employee, renter or lessee from
the judgment as provided in ORS { - 153.555 - } { +
153.105 + } if the failure to appear was due to mistake,
inadvertence, surprise or excusable neglect.
{ + NOTE: + } Corrects obsolete ORS references in (2) and
(8).
SECTION 306. ORS 811.220 is amended to read:
811.220. The Director of Transportation shall issue a
certificate of exemption required under ORS 811.215 for any
person on whose behalf a statement signed by a physician is
presented to the Department of Transportation. For a physician's
statement to qualify under this section, the physician giving the
statement must set forth reasons in the statement why use of a
child safety system, { - or - } safety belt or safety harness
by the person would be impractical or harmful to the person by
reason of physical condition, medical problem or body size.
{ + NOTE: + } Deletes superfluous conjunction.
SECTION 307. ORS 811.425 is amended to read:
811.425. (1) A person commits the offense of failure of a
slower driver to yield to overtaking { - vehicles - }
{ + vehicle + } if the person is driving a vehicle and the
person fails to move the person's vehicle off the main traveled
portion of the highway into an area sufficient for safe turnout
when:
(a) The driver of the overtaken vehicle is proceeding at a
speed less than a designated speed under ORS 811.105;
(b) The driver of the overtaking vehicle is proceeding at a
speed in conformity with ORS 811.105;
(c) The highway is a two directional, two-lane highway; and
(d) There is no clear lane for passing available to the driver
of the overtaking vehicle.
(2) This section does not apply to the driver of a vehicle in a
funeral procession.
(3) The offense described in this section, failure of a slower
driver to yield to overtaking vehicle, is a Class B traffic
violation.
{ + NOTE: + } Corrects word choice in (1).
SECTION 308. ORS 811.460 is amended to read:
811.460. (1) A person commits the offense of failure to follow
rail crossing procedures for high-risk vehicles if the person
takes any vehicle described in this section across any railroad
tracks at grade without doing all of the following:
(a) Stopping the vehicle at a clearly marked stop line or, if
there is not a clearly marked stop line, not less than 15 feet
nor more than 50 feet from the nearest rail of the railroad.
(b) While so stopped, listening and looking in both directions
along the tracks for approaching trains and for signals
indicating approaching trains.
(c) Proceeding across the tracks after stopping only when such
movement can be performed safely in the gear of the motor vehicle
that does not require manually changing gears while proceeding.
(d) Proceeding across the tracks without manually changing
gears.
(2) This section applies to the following vehicles when moved
across railroad tracks:
(a) A school bus.
(b) A school activity vehicle with a loaded weight of 10,000
pounds or more.
(c) A worker transport bus.
(d) Any bus operated for transporting children to and from
church or an activity or function authorized by a church.
(e) Any vehicle used in the transportation of persons for hire
by a nonprofit entity as provided under ORS 825.017 (9).
(f) A commercial bus.
(g) A motor vehicle carrying as a cargo or part of a cargo any
explosive substance, inflammable liquids, corrosives or similar
substances or any cargo that the Department of Transportation
determines to be hazardous. For purposes of this paragraph, the
department may only determine a substance to be hazardous by
rule. Any rules adopted by the department to determine hazardous
substances must be consistent with substances classified as
hazardous by the United States Secretary of Transportation.
(3) Exemptions to this section are provided under ORS 811.465.
(4) The offense described in this section, failure to follow
{ - in - } rail crossing procedures for high-risk vehicles, is
a Class B traffic violation.
{ + NOTE: + } Deletes extraneous preposition in (4).
SECTION 309. ORS 822.042 is amended to read:
822.042. (1) A vehicle dealer transferring any interest in a
vehicle or camper shall:
(a) Within 25 calendar days of the transfer furnish the
certificate of title or other primary ownership document for the
vehicle and any release thereon to the security interest holder
next named, if any, otherwise to the lessor or, if none, to the
purchaser;
(b) Within 30 calendar days of the transfer submit to the
Department of Transportation { + , + } in a manner that complies
with any applicable statutes and rules, an application for title
on behalf of the person to whom the title is to be furnished or
whose name is to appear on the title record;
(c) Comply with rules adopted by the department if title has
not been or will not be issued in the form of a certificate; or
(d) Within 25 business days of the transfer provide a notice of
delay to the security interest holder next named, if any, the
lessor, if any, and the purchaser. The notice shall contain:
(A) The reason for the delay;
(B) The anticipated extent of the delay; and
(C) A statement of the rights and remedies available to the
purchaser if the delay becomes unreasonably extended.
(2) A vehicle dealer shall maintain records as determined by
the department by rule to show whether the dealer has complied
with subsection (1) of this section.
(3) A vehicle dealer that fails to comply with the provisions
of subsection (1) of this section is subject to revocation,
cancellation or suspension of the dealer's certificate pursuant
to ORS 822.050.
(4) The provisions of this section do not apply to the transfer
of title or any interest in a manufactured structure if the
transfer is subject to an escrow transaction.
{ + NOTE: + } Inserts comma in (1)(b).
SECTION 310. ORS 830.082 is amended to read:
830.082. The State Marine Board shall establish and implement a
program to provide mandatory { - boater - } { + boating + }
safety education.
{ + NOTE: + } Corrects terminology.
SECTION 311. ORS 830.084 is amended to read:
830.084. In establishing the mandatory { - boater - }
{ + boating + } safety education program pursuant to ORS
830.082, the State Marine Board shall:
(1) Set a minimum standard of boating safety education
competency. The standard shall be consistent with the applicable
standard established by the National Association of State Boating
Law Administrators. The board may update the minimum standard of
competency as necessary.
(2) Create a boating safety course of instruction and
examination designed to educate and test for the minimum standard
of safety established pursuant to subsection (1) of this section.
(3) Create an equivalency exam that may substitute for taking
the boating safety course.
(4) Incorporate volunteer boating safety education programs to
the maximum extent possible.
(5) Allow use of commercially provided { - education - }
{ + boating safety + } courses, provided they meet the
{ - standards - } { + standard + } adopted by the board.
(6) Accept proof of prior completion of any approved
{ + boating safety + } course as meeting the requirement for
{ - an education - } { + a boating safety + } course.
(7) Establish a fee for the { + boating safety + } certificate
{ + issued under ORS 830.086 + } that may not exceed $10.
(8) Establish a temporary { - education - } { + boating
safety + } certificate that is valid for 60 days and issued in
conjunction with a temporary certificate of number for newly
acquired boats.
(9) Promote the fact that insurance discounts of 10 percent to
15 percent are widely available for taking a boating
{ + safety + } course that meets the minimum { - standards - }
{ + standard + } established pursuant to subsection (1) of this
section.
{ + NOTE: + } Standardizes terminology in lead-in and (5)
through (9).
SECTION 312. ORS 830.086 is amended to read:
830.086. A person may obtain a boating safety
{ - education - } certificate if the person:
(1) Is at least 12 years of age;
(2) Passes the boating safety course and examination, or the
equivalency exam, as described in ORS 830.084, or submits proof
to the satisfaction of the State Marine Board that the person has
taken a course that is substantively equivalent to the course
described in ORS 830.084; and
(3) Pays the fee required by the board.
{ + NOTE: + } Corrects terminology in lead-in.
SECTION 313. ORS 830.096 is amended to read:
830.096. In any proceeding for a violation of ORS 830.088,
830.090, 830.092 or 830.094, the court shall conditionally
suspend all or part of the fine to be imposed on the defendant if
the defendant appears personally and agrees to complete, at the
defendant's own expense, a { - safe - } boating
{ + safety + } { - education - } course approved by the State
Marine Board under ORS 830.084 within the time limits imposed by
the court.
{ + NOTE: + } Corrects terminology.
SECTION 314. Section 9, chapter 716, Oregon Laws 1999, is
amended to read:
{ + Sec. 9. + } The State Marine Board shall phase in the
mandatory boating { - education program within 10 years from
the effective date of this 1999 Act - } { + safety education
program by October 23, 2009 + }. In developing a phase-in
program, the board shall consider factors that include but are
not limited to operator age, types of high-risk boats and the
geographic availability and frequency of volunteer courses. The
board shall phase in the program with the youngest operators and
those of highest risk at the beginning of the phase-in.
{ + NOTE: + } Corrects terminology and inserts appropriate
date.
SECTION 315. ORS 830.110 is amended to read:
830.110. In addition to the powers and duties otherwise
provided in this chapter, the State Marine Board shall have the
power and duty to:
(1) Make all rules necessary to carry out the provisions of
this chapter. The rules shall be made in accordance with ORS
183.310 to 183.550.
(2) Devise a system of identifying numbers for boats, floating
homes and boathouses. If an agency of the federal government has
an overall system of identification numbering for boats within
the United States, the system devised by the board shall conform
with the federal system.
(3) Cooperate with state and federal agencies to promote
uniformity of the laws relating to boating and their enforcement.
(4) Make contracts necessary to carry out the provisions of ORS
830.060 to 830.145, 830.700 to 830.715, 830.725, 830.730,
830.770, 830.780, 830.785, 830.795 to 830.820 and 830.830 to
830.870.
(5) Advise and assist county sheriffs and other peace officers
in the enforcement of laws relating to boating.
(6) Study, plan and recommend the development of boating
facilities throughout the state which will promote the safety and
pleasure of the public through boating.
(7) Publicize the advantage of safe boating.
(8) Accept gifts and grants of property and money to be used to
further the purposes of this chapter.
(9) Exempt from any provisions of this chapter any class of
boats if it determines that the safety of persons and property
will not be materially promoted by the applicability of those
provisions to the class of boats, but the board shall not exempt
from numbering any class of boats unless it determines that the
numbering will not materially aid in their identification and
unless the secretary of the department of the federal government
under which the United States Coast Guard is operating has
exempted from numbering the same boats or classes of boats.
(10) Appoint and require the bonding of agents to issue a
temporary permit to operate a boat. The agents may charge, in
addition to the prescribed fees, $1 per transaction for their
services in issuing the temporary permit.
(11) Publish and distribute to the interested public the
boating laws of this state and resumes or explanations of those
laws.
(12) Publish and distribute forms for any application required
under this chapter and require the use of such forms.
(13) Make rules for the uniform navigational marking of the
waters of this state. Such rules shall not conflict with markings
prescribed by the United States Coast Guard. No political
subdivision or person shall mark the waters of this state in any
manner in conflict with the markings prescribed by the board.
(14) Make rules regarding marine toilets and their use
consistent with the prevention and control of pollution of the
waters of this state and not in conflict with the rules of the
Health Division or the Environmental Quality Commission.
(15) Institute proceedings to enjoin unlawful obstructions
injuring free navigation on the waters of this state.
(16) Make rules regulating water ski course markers, ski jumps
and other special use devices placed in the waters of this state.
Such rules may regulate the installation and use of the devices
and may require a permit.
(17) Adopt rules necessary to carry out and enforce the
provisions of ORS 830.950 and 830.955. The rules shall include
but need not be limited to:
(a) The kinds of protective covering or physical barriers that
are acceptable to be used between a submersible polystyrene
device and the water.
(b) Guidelines for the use of submersible polystyrene devices
for the repair or maintenance of existing docks or floats.
(18) Adopt rules no later than November 1, 1991, providing for
establishment of a Safe Boating Education Course to be made
available to courts and law enforcement agencies within this
state for use as a sentencing option for those individuals
convicted of boating offenses. The board shall specify the
content of the Safe Boating Education Course and shall prescribe
procedures for making the course available to local courts and
law enforcement agencies, including procedures for promptly
notifying such courts whether individuals required to enroll in
the course have taken and successfully passed the course. Such
rules may provide for administration of the course through
nonprofit organizations, such as the United States Coast Guard
Auxiliary, United States Power Squadrons or similar groups.
(19) For purposes of ORS 830.175, 830.180, 830.185 and 830.195,
in cooperation with the { - Oregon Transportation
Commission - } { + State Aviation Board + }, regulate boats
that are seaplanes as provided in section 4, chapter 655, Oregon
Laws 1995, and ORS 830.605 and 835.200.
{ + NOTE: + } Corrects reference to state agency in (19).
SECTION 316. ORS 830.605 is amended to read:
830.605. The State Marine Board and the { - Department of
Transportation - } { + Oregon Department of Aviation + } shall
cooperate to publish and distribute information concerning laws,
rules and regulations that govern seaplane safety and operations
in Oregon.
{ + NOTE: + } Corrects reference to state agency.
SECTION 317. ORS 830.880 is amended to read:
830.880. (1) When a peace officer discovers a boat or component
from which a number awarded by the State Marine Board or the
manufacturer's hull identification number assigned to the boat or
the component identification number has been removed, defaced,
covered, altered or destroyed { + , + } the peace officer may
seize and hold it for identification and disposal as provided in
ORS 830.880 to 830.895.
(2) The police agency having custody of the property shall have
a specially qualified inspector or peace officer inspect the
property for the purpose of locating the identification number.
If the identification number is found it shall be checked with
the list of stolen boats maintained by the National Crime
Information Center. If the identification number is not found the
police agency shall apply to the State Marine Board for
renumbering as provided in ORS 830.895.
{ + NOTE: + } Inserts comma in (1).
SECTION 318. ORS 836.072 is amended to read:
836.072. (1) Moneys from the increases in taxes by the
amendments to ORS 319.020 by sections 1 and 3, chapter 1037,
Oregon Laws 1999, shall be used by the Oregon Department of
Aviation to establish and fund a program to maintain and preserve
the pavements used for runways, taxiways and aircraft parking
areas at public use airports in this state.
(2) Projects for maintenance and preservation of pavements at
public use airports that are identified in the plan developed
under ORS 835.015 are eligible for funding under this section.
The following expenses of projects selected may be funded under
this section:
(a) Construction expenses;
(b) Engineering expenses; and
(c) Administrative expenses.
(3) The { - manager of the department's aviation program - }
{ + Director of the Oregon Department of Aviation + } shall
prepare a list of recommended projects. Factors to be used by the
{ - manager - } { + director + } include, but are not limited
to:
(a) The age and condition of pavements;
(b) An airport's role in the state's aviation system, as
described by the plan developed under ORS 835.015; and
(c) Local financial participation in projects.
(4) The { - manager - } { + director + } shall forward the
list of recommended projects to the aviation advisory committee
established under ORS 835.009. The committee shall review the
list and shall present the list, with any comments, to the State
Aviation Board for approval.
(5) The department may adopt such rules as it deems necessary
for implementation of the airport pavement preservation program.
{ + NOTE: + } Corrects references to state agency official in
(3) and (4).
SECTION 319. ORS 836.215 is amended to read:
836.215. Private property, or any interest therein of whatever
kind, and an easement for the operation of aircraft and all
operations incidental thereto, to and from the property for the
purposes specified in ORS 836.200, may be acquired by any
municipality, by gift, grant, purchase, lease or contract, if
{ - it - } { + the municipality + } is able to agree with the
property owners on the terms of acquisition. If { - they - }
{ + the municipality and the property owners + } are unable to
agree upon terms, private property may be acquired by
condemnation in the manner provided in ORS chapter 35. As an
alternative, the municipality, if a port, may condemn
{ - said - } { + the + } private property, or any interest
therein, for the operation of aircraft and all operations
incidental thereto, in the same manner and procedure as is
{ - then - } provided by statute for condemnation of property
by corporations organized for construction and operation of
railroads.
{ + NOTE: + } Clarifies terminology and corrects word choice.
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