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 1424
 
                           A-Engrossed
 
                         House Bill 2771
                   Ordered by the House May 23
             Including House Amendments dated May 23
 
Sponsored by Representative KING; Representatives BACKLUND,
  BARNHART, DEVLIN, DOYLE, GARRARD, HILL, KNOPP, KRUSE, MARCH,
  MORRISETTE, PATRIDGE, V WALKER, WINTERS, WIRTH, ZAUNER,
  Senators ATKINSON, BROWN, BURDICK, CARTER, CASTILLO, CORCORAN,
  COURTNEY, MESSERLE, SHIELDS, TROW
 
 
                             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.
 
  Creates Protective Proceedings and Fiduciary Services Task
Force. Authorizes task force to study protective proceedings
statutes and availability of guardianship and conservatorship
services and make legislative recommendations.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to task force on protective proceedings; appropriating
  money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + There is created the Protective Proceedings and
Fiduciary Services Task Force consisting of 14 members. Members
shall be persons who are familiar with protective proceedings,
public, private and professional guardianship and conservatorship
services, alternatives to guardianships and conservatorships, and
issues of mental capacity and decision-making. + }
  SECTION 2. { +  The Protective Proceedings and Fiduciary
Services Task Force shall consist of one member appointed by each
of the following:
  (1) The President of the Senate;
  (2) The Speaker of the House of Representatives;
  (3) The Chief Justice of the Supreme Court;
  (4) The Attorney General;
  (5) The Senior and Disabled Services Division;
  (6) An organization representing area agencies on aging and
disabilities;
  (7) The Mental Health and Developmental Disability Services
Division;
  (8) The Long Term Care Ombudsman;
  (9) An organization representing guardians;
  (10) The Oregon State Bar;
  (11) The system designated to protect and advocate the rights
of individuals with developmental disabilities and individuals
with mental illness, as described in ORS 192.517 (1);
  (12) An organization representing Oregon hospitals and health
systems;
  (13) Organizations representing nursing homes, assisted living
facilities and residential care facilities; and
  (14) Organizations representing bankers and the banking
industry. + }
  SECTION 3. { +  The Protective Proceedings and Fiduciary
Services Task Force shall study Oregon's protective proceedings
statutes and the availability of public, private and professional
guardianship and conservatorship services. The task force shall
study and develop programmatic and legislative recommendations on
methods to:
  (1) Provide guardianship and conservatorship services to
individuals who cannot afford them;
  (2) Protect the civil rights of individuals who are subject to
guardianship or conservatorship petitions; and
  (3) Ensure adequate oversight and monitoring of fiduciaries
after they are appointed. + }
  SECTION 4.  { + The Senior and Disabled Services Division shall
provide staff necessary for the performance of the functions of
the Protective Proceedings and Fiduciary Services Task Force. + }
  SECTION 5. { +  The Protective Proceedings and Fiduciary
Services Task Force shall submit a report on the results of its
study, including specific legislative recommendations, to the
Seventy-second Legislative Assembly according to the provisions
of ORS 192.230 to 192.250. + }
  SECTION 6. { +  A member of the Legislative Assembly appointed
to the Protective Proceedings and Fiduciary Services Task Force
is entitled to an allowance as authorized by ORS 171.072 from
funds appropriated to the Legislative Assembly. Other members of
the task force are not entitled to compensation and expenses and
shall serve on a volunteer basis. + }
  SECTION 7.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Human
Services, for the biennium beginning July 1, 2001, out of the
General Fund, the amount of $5,000, which may be expended for
section 4 of this 2001 Act. + }
  SECTION 8.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
                         ----------