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 3966
 
                           A-Engrossed
 
                         House Bill 3877
                   Ordered by the House May 23
             Including House Amendments dated May 23
 
Sponsored by Representative STARR (at the request of Taxpayer
  Association of Oregon)
 
 
                             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   { - position - }   { + positions + } of Government
Efficiency
  { - Ombudsman - }   { + Officer and Legislative Ombudsman + }
within legislative department. Prescribes duties and authority of
 { + officer and + } ombudsman.  { + Abolishes certain agency
ombudsmen. + } Appropriates moneys from General Fund to
 { - ombudsman - }  { +  Legislative Assembly for purposes of
ombudsman + }.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to government efficiency; 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; appropriating money; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  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. + }
  SECTION 3.  { + (1) Pursuant to the policies and directions of
the appointing authority, the Government Efficiency Officer
shall:
  (a) Research and collect data on strategies and measures that
other states have developed to promote government efficiency and
to provide services at a reduced cost without reducing the amount
or quality of the services.
  (b) Ascertain facts and make recommendations about:
  (A) The use by the state and its agencies of moneys
appropriated or allocated for the current biennium.
  (B) Budget requests made by state agencies.
  (C) Ways to improve the efficiency of government processes,
including administrative rules, at reduced cost.
  (D) Administrative, statutory or technological barriers to less
costly and more expeditious government services.
  (c) Assist state agencies to improve the efficiency of
government processes, including administrative rules, at reduced
cost.
  (d) Recognize and reward state agencies that suggest or
implement measures that promote government efficiency or provide
services at a reduced cost.
  (2) As used in this section, 'agency' has the meaning given
that term in ORS 183.310. + }
  SECTION 4.  { + (1) Subject to the approval of the appointing
authority, the Government Efficiency Officer may employ and fix
the compensation of the clerical staff and other employees that
the Government Efficiency Officer considers necessary for the
effective conduct of the work under the charge of the Government
Efficiency Officer.
  (2) The appointing authority shall fix the salary of the
Government Efficiency Officer.
  (3) Subject to the limitations otherwise provided by law for
expenses of state officers, the Government Efficiency Officer and
members of the staff of the Government Efficiency Officer shall
be reimbursed for all actual and necessary expenses incurred in
performing their duties. + }
  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. + }
  SECTION 26.  { + There is appropriated to the Government
Efficiency Officer for the biennium beginning July 1, 2001, out
of the General Fund, the sum of $___ for the purpose of
implementing sections 3 and 4 of this 2001 Act. + }
  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. + }
  SECTION 28.  { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect
July 1, 2001. + }
                         ----------