71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3877
LC 3966/HB 3877-2
HOUSE AMENDMENTS TO
HOUSE BILL 3877
By COMMITTEE ON GOVERNMENT EFFICIENCY
May 23
On page 1 of the printed bill, line 2, after 'efficiency '
insert '; creating new provisions; amending ORS 90.635, 414.712,
417.825, 656.270 and 656.709; repealing ORS 417.810, 417.815,
423.400, 423.405, 423.410, 423.415, 423.420, 423.425, 423.430,
423.435, 423.440, 423.445, 423.450 and 446.543'.
Delete lines 4 through 9 and insert:
' { + SECTION 1. + } { + As used in sections 2 to 4 of this
2001 Act, ' appointing authority' means the Joint Committee on
Ways and Means during a session of the Legislative Assembly and
the Emergency Board during an interim between sessions of the
Legislative Assembly. + }
' { + SECTION 2. + } { + The appointing authority shall
select a Government Efficiency Officer who shall serve at the
pleasure of the appointing authority and under its direction. + }
' .
In line 10, delete '2.' and insert '3. (1)'.
In line 11, delete 'Ombudsman' and insert 'Officer'.
In line 12, delete '(1)' and insert '(a)'.
In line 15, delete '(2)' and insert '(b)'.
In line 16, delete '(a)' and insert '(A)'.
In line 18, delete '(b)' and insert '(B)'.
In line 19, delete '(c)' and insert '(C)'.
In line 21, delete '(d)' and insert '(D)'.
In line 23, delete '(3)' and insert '(c)'.
In line 25, delete '(4)' and insert '(d)'.
After line 26, insert:
' (2) As used in this section, 'agency' has the meaning given
that term in ORS 183.310.'.
In line 27, delete '3' and insert '4'.
In line 28, delete 'Ombudsman' and insert 'Officer'.
In line 29, delete 'ombudsman' and insert 'Government
Efficiency Officer'.
In line 30, delete 'ombudsman' and insert 'Government
Efficiency Officer'.
In line 31, delete 'ombudsman' and insert 'Government
Efficiency Officer'.
On page 2, delete line 2 and insert 'Government Efficiency
Officer and members of the staff of the Government Efficiency
Officer shall be reimbursed for all actual'.
After line 3, insert:
' { + SECTION 5. + } { + (1) There is established within the
legislative department of state government the position of
Legislative Ombudsman.
' (2) The appointing authority may select and terminate the
ombudsman by unanimous agreement. The ombudsman serves at the
pleasure of the appointing authority.
' (3) Subject to the approval of the appointing authority, the
ombudsman may employ and fix the compensation of the deputies the
ombudsman considers necessary for the effective conduct of the
work under the charge of the ombudsman. An employee of the
ombudsman serves at the pleasure of the ombudsman.
' (4) The appointing authority shall fix the salary of the
ombudsman.
' (5) As used in this section, 'appointing authority' means the
President and Minority Leader of the Senate and the Speaker and
Minority Leader of the House of Representatives. + }
' { + SECTION 6. + } { + (1) The Legislative Ombudsman shall
be a person of recognized judgment, objectivity and integrity who
is qualified by training and experience to analyze problems of
public law, administration and policy.
' (2) A person serving as ombudsman may not:
' (a) Be actively involved in political party activities;
' (b) Be a candidate for or hold other public office, whether
elective or appointive; or
' (c) Be engaged in any other full-time occupation, business or
profession. + }
' { + SECTION 7. + } { + (1) The Legislative Ombudsman may:
' (a) Develop procedures for receiving and processing
complaints, conducting investigations and reporting findings
consistent with sections 5 to 14 of this 2001 Act;
' (b) Examine by subpoena the records and documents of an
agency, as defined in ORS 183.310, or any employee of the agency
if the agency or employee does not comply with the ombudsman's
request to examine records or documents;
' (c) Enter and inspect without notice any premises of an
agency as defined in ORS 183.310;
' (d) Subpoena any person to appear, to give sworn testimony or
to produce documentary or other evidence that is reasonably
material to an inquiry;
' (e) Undertake, participate in or cooperate with persons and
agencies, as defined in ORS 183.310, in such conferences,
inquiries, meetings or studies as might lead to improvements in
the functioning of an agency as defined in ORS 183.310; and
' (f) Bring suit in the Circuit Court for Marion County to
enforce sections 5 to 14 of this 2001 Act.
' (2) The Department of State Police shall make view-only
on-line access to the Law Enforcement Data System available to
the Legislative Ombudsman.
' (3) An agency, as defined in ORS 183.310, that maintains
client records in electronic form shall make view-only on-line
access to the records available to the Legislative Ombudsman. + }
' { + SECTION 8. + } { + (1) The Legislative Ombudsman may
investigate, on complaint or on the ombudsman's own motion, any
action of an agency, as defined in ORS 183.310, that is or is
alleged to be:
' (a) Contrary to or inconsistent with law or agency rule;
' (b) Based on mistaken facts or irrelevant considerations;
' (c) Inadequately explained when reasons should have been
revealed; or
' (d) Inefficiently performed.
' (2) Notwithstanding subsection (1) of this section, the
ombudsman may decide not to investigate because:
' (a) The complainant could reasonably be expected to use a
different remedy or action;
' (b) The complaint is trivial, frivolous, vexatious or not
made in good faith; or
' (c) The complaint has been too long delayed to justify
present examination. + }
' { + SECTION 9. + } { + The Legislative Ombudsman:
' (1) Shall give priority to investigating administrative
actions that are not otherwise reviewable by either
administrative or judicial action.
' (2) Shall treat confidentially all matters coming before the
ombudsman and the identities of the complainants or witnesses
coming before the ombudsman.
' (3) May not levy any fees for the submission or investigation
of complaints.
' (4) Shall serve as the ombudsman for all agencies as defined
in ORS 183.310. + }
' { + SECTION 10. + } { + (1) After investigation of any
action, the Legislative Ombudsman shall inform the party that
filed the complaint and the agency of the ombudsman's
recommendations and reasons if, in the ombudsman's opinion, the
agency, as defined in ORS 183.310, or any employee of the agency
should:
' (a) Consider the matter further;
' (b) Modify or cancel any action;
' (c) Alter a rule, practice or ruling;
' (d) Explain more fully the administrative action in question;
' (e) Rectify an omission; or
' (f) Take any other action.
' (2) Before recommending action by an agency, the ombudsman
must inform the agency of the recommended action and afford the
agency an opportunity to comment.
' (3) At the request of the ombudsman, an agency shall, within
the time specified by the ombudsman, inform the ombudsman about
the action taken on the recommendations or the reasons for not
complying with the recommendations. After a reasonable period of
time, the ombudsman may issue a report to the public concerning
the investigation, recommendation and action taken by the
agency. + }
' { + SECTION 11. + } { + (1) A person that files a
complaint pursuant to sections 5 to 14 of this 2001 Act is not
subject to any penalties, sanctions or restrictions because of
the complaint.
' (2) The Legislative Ombudsman and the staff of the ombudsman
have the same immunities from civil and criminal liabilities as a
judge of this state.
' (3) The ombudsman and the staff of the ombudsman may not be
compelled to testify or produce evidence in any judicial or
administrative proceeding about any matter involving the exercise
of their official duties except as may be necessary to enforce
sections 5 to 14 of this 2001 Act. + }
' { + SECTION 12. + } { + (1) Any person required to testify
under section 7 of this 2001 Act shall be accorded the same
privileges and immunities, receive the same fees and mileage and
be subject to the same penalties provided in ORS 183.440.
' (2) Fees and mileage for a witness shall be paid by warrant
upon the State Treasurer upon the certificate of the Legislative
Ombudsman. No tender of witness fees or mileage in advance shall
be necessary.
' (3) Notwithstanding subsection (1) of this section, a
representative of an agency, as defined in ORS 183.310, may
receive no more than actual necessary traveling expenses. + }
' { + SECTION 13. + } { + If a person intentionally
obstructs or hinders the proper and lawful exercise of the
Legislative Ombudsman's powers, or intentionally misleads or
attempts to mislead the ombudsman in inquiries under sections 5
to 14 of this 2001 Act, a judge of the Circuit Court for Marion
County, upon the application of the ombudsman, shall compel
obedience by proceedings for contempt in the same manner as
disobedience of the requirements of a subpoena issued from the
court or a refusal to testify in the court. + }
' { + SECTION 14. + } { + (1) Except for the office of the
Long Term Care Ombudsman established by ORS 441.103, an agency,
as defined in ORS 183.310, may not:
' (a) Designate a person as an ombudsman; or
' (b) Provide ombudsman services.
' (2) All agencies shall post the telephone number of the
Legislative Ombudsman in public view in the agencies' offices and
facilities. + }
' { + SECTION 15. + } { + (1) The Children's Ombudsman, the
Corrections Ombudsman, the positions in the Department of Human
Services for providing ombudsman services required by ORS 414.712
(1999 Edition), the Manufactured Dwelling Park Ombudsman and the
offices of ombudsman for injured workers and ombudsman for small
business in the Department of Consumer and Business Services
under ORS 656.709 (1999 Edition) are abolished.
' (2) On the effective date of this 2001 Act, the tenure of the
following positions and staff supporting the positions ceases:
' (a) The Children's Ombudsman.
' (b) The Corrections Ombudsman.
' (c) The positions in the Department of Human Services for
providing ombudsman services required by ORS 414.712 (1999
Edition).
' (d) The Manufactured Dwelling Park Ombudsman.
' (e) The office of ombudsman for injured workers in the
Department of Consumer and Business Services under ORS 656.709
(1999 Edition).
' (f) The office of ombudsman for small business in the
Department of Consumer and Business Services under ORS 656.709
(1999 Edition). + }
' { + SECTION 16. + } { + Notwithstanding section 5 (3) of
this 2001 Act, the Legislative Ombudsman shall employ:
' (1) The Children's Ombudsman appointed under ORS 417.810
(1999 Edition) as the Deputy Legislative Ombudsman for Children.
' (2) The Corrections Ombudsman appointed under ORS 423.400
(1999 Edition) as the Deputy Legislative Ombudsman for
Corrections.
' (3) The persons in the positions in the Department of Human
Services providing ombudsman services required by ORS 414.712
(1999 Edition) as Deputy Legislative Ombudsmen for Human
Services.
' (4) The Manufactured Dwelling Park Ombudsman under ORS
446.543 (1999 Edition) as the Deputy Legislative Ombudsman for
Manufactured Dwellings.
' (5) The person in the office for ombudsman for injured
workers in the Department of Consumer and Business Services
providing ombudsman services to injured workers under ORS 656.709
(1999 Edition) as the Deputy Legislative Ombudsman for Injured
Workers.
' (6) The person in the office for ombudsman for small business
in the Department of Consumer and Business Services providing
ombudsman services to small businesses under ORS 656.709 (1999
Edition) as the Deputy Legislative Ombudsman for Small
Business. + }
' { + SECTION 17. + } { + There are imposed upon,
transferred to and vested in the Legislative Ombudsman the
duties, functions and powers of the Children's Ombudsman, the
Corrections Ombudsman, the Department of Human Services for
providing ombudsman services required by ORS 414.712 (1999
Edition), the Manufactured Dwelling Park Ombudsman, and the
offices of ombudsman for injured workers and ombudsman for small
business in the Department of Consumer and Business Services
under ORS 656.709 (1999 Edition). + }
' { + SECTION 18. + } { + (1) The rights and obligations of
the Children's Ombudsman, the Corrections Ombudsman, the
Department of Human Services for providing ombudsman services
required by ORS 414.712 (1999 Edition), the Manufactured Dwelling
Park Ombudsman, and the offices of ombudsman for injured workers
and ombudsman for small business in the Department of Consumer
and Business Services under ORS 656.709 (1999 Edition) legally
incurred under contracts, leases and business transactions
executed, entered into or begun before the effective date of this
2001 Act are transferred to the Legislative Ombudsman.
' (2) For the purpose of succession of the rights and
obligations transferred under this section, the Legislative
Ombudsman is considered to be a continuation of the Children's
Ombudsman, the Corrections Ombudsman, the Department of Human
Services for providing ombudsman services required by ORS 414.712
(1999 Edition), the Manufactured Dwelling Park Ombudsman, and the
offices of ombudsman for injured workers and ombudsman for small
business in the Department of Consumer and Business Services
under ORS 656.709 (1999 Edition), and not a new authority. The
Legislative Ombudsman shall exercise the rights and obligations
as if they had not been transferred.
' (3) All the supplies, materials, equipment, records, books,
papers and facilities of the Children's Ombudsman, the
Corrections Ombudsman, the Department of Human Services for
providing ombudsman services required by ORS 414.712 (1999
Edition), the Manufactured Dwelling Park Ombudsman, and the
offices of ombudsman for injured workers and ombudsman for small
business in the Department of Consumer and Business Services
under ORS 656.709 (1999 Edition) are transferred to the
Legislative Ombudsman. + }
' { + SECTION 19. + } ORS 90.635 is amended to read:
' 90.635. (1) If a facility is closed or a portion of a
facility is closed, resulting in the termination of the rental
agreement between the landlord of the facility and a tenant
renting space for a manufactured dwelling, whether because of the
exercise of eminent domain, by order of the state or local
agencies, or as provided under ORS 90.630 (6), the landlord shall
provide notice to the tenant of the tax credit provided under ORS
316.153. The notice shall state the eligibility requirements for
the credit, information on how to apply for the credit and any
other information required by the { - Manufactured Dwelling
Park Ombudsman - } { + Legislative Ombudsman + } by rule.
' (2) The notice described under subsection (1) of this section
shall be sent to a tenant affected by a facility closure on or
before:
' (a) The date notice of rental termination must be given to
the tenant under ORS 90.630 (6), if applicable; or
' (b) In the event of facility closure by exercise of eminent
domain or by order of a state or local agency, within 15 days of
the date the landlord received notice of the closure.
' (3) The landlord shall forward to the { - Manufactured
Dwelling Park Ombudsman - } { + Legislative Ombudsman + } a
list of the names and addresses of tenants to whom notice under
this section has been sent.
' (4) The { - Manufactured Dwelling Park Ombudsman - }
{ + Legislative Ombudsman + } may adopt rules to implement this
section, including rules specifying the form and content of the
notice described under this section.
' { + SECTION 20. + } ORS 414.712 is amended to read:
' 414.712. { + (1) + } Within six months after obtaining the
necessary federal waivers or January 1, 1995, whichever is later,
the Department of Human Services shall provide medical assistance
under ORS 414.705 to 414.750 to eligible persons who are aged and
described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412 and to children described in ORS
414.025 (2)(f), (i), (j), (k) and (m), 418.001 to 418.034,
418.187 to 418.970 and 657A.020 to 657A.530 and those mental
health and chemical dependency services recommended according to
standards of medical assistance set pursuant to chapter 836,
Oregon Laws 1989, and according to the schedule of implementation
established by the Legislative Assembly. In providing medical
assistance services described in ORS 414.018 to 414.024, 414.042,
414.107, 414.710, 414.720 and 653.747, the Department of Human
Services shall also provide the following:
' { - (1) Ombudsman services for eligible persons who are aged
and described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412. An ombudsman shall serve as a
patient's advocate whenever the patient or a physician or other
medical personnel serving the patient is reasonably concerned
about access to, quality of or limitations on the care being
provided by a health care provider. Patients shall be informed of
the availability of an ombudsman. - }
' { - (2) - } { + (a) + } Case management services in each
health care provider organization for those eligible persons who
are aged and described in ORS chapter 413 or who are blind or
disabled and described in ORS chapter 412. Case managers shall be
trained in and shall exhibit skills in communication with and
sensitivity to the unique health care needs of people who are
elderly and those with disabilities. Case managers shall be
reasonably available to assist patients served by the
organization with the coordination of the patient's health care
services at the reasonable request of the patient or a physician
or other medical personnel serving the patient. Patients shall be
informed of the availability of case managers.
' { - (3) - } { + (b) + } A mechanism, established by rule,
for soliciting consumer opinions and concerns regarding
accessibility to and quality of the services of each health care
provider.
' { - (4) - } { + (c) + } A choice of available medical
plans and, within those plans, choice of a primary care provider.
' { - (5) - } { + (d) + } Due process procedures for any
individual whose request for medical assistance coverage for any
treatment or service is denied or is not acted upon with
reasonable promptness. These procedures shall include an
expedited process for cases in which a patient's medical needs
require swift resolution of a dispute.
' { + (2)(a) The Department of Human Services shall inform
eligible persons who are aged and described in ORS chapter 413 or
who are blind or disabled and described in ORS chapter 412 of the
availability of services from the Legislative Ombudsman.
' (b) The Legislative Ombudsman shall:
' (A) Provide ombudsman services for eligible persons who are
aged and described in ORS chapter 413 or who are blind or
disabled and described in ORS chapter 412.
' (B) Serve as a patient's advocate whenever the patient or a
physician or other medical personnel serving the patient are
reasonably concerned about access to, quality of or limitations
on the care being provided by a health care provider. + }
' { + SECTION 21. + } ORS 414.712, as amended by section 53,
chapter 1084, Oregon Laws 1999, is amended to read:
' 414.712. { + (1) + } Within six months after obtaining the
necessary federal waivers or January 1, 1995, whichever is later,
the Department of Human Services shall provide medical assistance
under ORS 414.705 to 414.750 to eligible persons who are aged and
described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412 and to children described in ORS
414.025 (2)(f), (i), (j), (k) and (m), 418.001 to 418.034,
418.189 to 418.970 and 657A.020 to 657A.530 and those mental
health and chemical dependency services recommended according to
standards of medical assistance set pursuant to chapter 836,
Oregon Laws 1989, and according to the schedule of implementation
established by the Legislative Assembly. In providing medical
assistance services described in ORS 414.018 to 414.024, 414.042,
414.107, 414.710, 414.720 and 653.747, the Department of Human
Services shall also provide the following:
' { - (1) Ombudsman services for eligible persons who are aged
and described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412. An ombudsman shall serve as a
patient's advocate whenever the patient or a physician or other
medical personnel serving the patient is reasonably concerned
about access to, quality of or limitations on the care being
provided by a health care provider. Patients shall be informed of
the availability of an ombudsman. - }
' { - (2) - } { + (a) + } Case management services in each
health care provider organization for those eligible persons who
are aged and described in ORS chapter 413 or who are blind or
disabled and described in ORS chapter 412. Case managers shall be
trained in and shall exhibit skills in communication with and
sensitivity to the unique health care needs of people who are
elderly and those with disabilities. Case managers shall be
reasonably available to assist patients served by the
organization with the coordination of the patient's health care
services at the reasonable request of the patient or a physician
or other medical personnel serving the patient. Patients shall be
informed of the availability of case managers.
' { - (3) - } { + (b) + } A mechanism, established by rule,
for soliciting consumer opinions and concerns regarding
accessibility to and quality of the services of each health care
provider.
' { - (4) - } { + (c) + } A choice of available medical
plans and, within those plans, choice of a primary care provider.
' { - (5) - } { + (d) + } Due process procedures for any
individual whose request for medical assistance coverage for any
treatment or service is denied or is not acted upon with
reasonable promptness. These procedures shall include an
expedited process for cases in which a patient's medical needs
require swift resolution of a dispute.
' { + (2)(a) The Department of Human Services shall inform
eligible persons who are aged and described in ORS chapter 413 or
who are blind or disabled and described in ORS chapter 412 of the
availability of services from the Legislative Ombudsman.
' (b) The Legislative Ombudsman shall:
' (A) Provide ombudsman services for eligible persons who are
aged and described in ORS chapter 413 or who are blind or
disabled and described in ORS chapter 412.
' (B) Serve as a patient's advocate whenever the patient or a
physician or other medical personnel serving the patient is
reasonably concerned about access to, quality of or limitations
on the care being provided by a health care provider. + }
' { + SECTION 22. + } ORS 417.825 is amended to read:
' 417.825. In addition to any other fees provided by law, a $1
fee on the original filing and duplication of birth certificates,
adoption filing and divorce filing shall be collected by the
agency responsible for collecting the issuance or filing fee and
the money dedicated to child { - sexual - } abuse { + and
neglect + } prevention and intervention programs and to
{ + supporting investigations by + } the { - Children's
Ombudsman pursuant to ORS 417.400 to 417.490 (1991 Edition) - }
{ + Legislative Ombudsman of alleged child abuse and
neglect + }. The money shall be credited to the commission by the
person collecting the fee.
' { + SECTION 23. + } ORS 656.270 is amended to read:
' 656.270. Each closure made pursuant to ORS 656.268 shall
contain a notice in capital letters and boldfaced type that
informs the parties of the proper manner in which to proceed if
they are dissatisfied with the closure. The notice shall include
information on the rights and duties of the parties to obtain
reconsideration and hearing on the closure, the right of the
worker to consult with the { - ombudsman for injured
workers - } { + Legislative Ombudsman + } and of the right of
the worker to be represented by an attorney. The notice also may
include such other relevant information as the Director of the
Department of Consumer and Business Services prescribes.
' { + SECTION 24. + } ORS 656.709 is amended to read:
' 656.709. { - (1) The office of ombudsman for injured
workers is created in the Department of Consumer and Business
Services. The ombudsman shall report directly to the Director of
the Department of Consumer and Business Services. The ombudsman
shall act as an advocate for injured workers by accepting
complaints concerning matters related to workers' compensation,
investigating them and attempting to resolve them. The ombudsman
shall also provide information to injured workers to enable them
to protect their rights in the workers' compensation system. - }
' { - (2) The office of ombudsman for small business is
created in the department. The ombudsman shall report directly to
the director. The ombudsman shall provide information and
assistance to small businesses with regard to workers'
compensation insurance and claims processing matters. - }
{ + The Legislative Ombudsman established by section 5 of this
2001 Act shall provide:
' (1) Information to injured workers to enable them to protect
their rights in the workers' compensation system.
' (2) Information and assistance to small businesses that
inquire about workers' compensation insurance and the processing
of claims. + }
' { + SECTION 25. + } { + ORS 417.810, 417.815, 423.400,
423.405, 423.410, 423.415, 423.420, 423.425, 423.430, 423.435,
423.440, 423.445, 423.450 and 446.543 are repealed. + } ' .
In line 4, delete '4' and insert '26' and delete ' Ombudsman'
and insert 'Officer'.
In line 6, delete '2 and 3' and insert '3 and 4'.
After line 6, insert:
' { + SECTION 27. + } { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Legislative
Assembly, for the biennium beginning July 1, 2001, out of the
General Fund, the sum of $___, to be expended only for the
purposes of sections 5 to 14 of this 2001 Act. + } ' .
In line 7, delete '5' and insert '28'.
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