71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. HB 3877
LC 3966/HB 3877-A6
HOUSE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3877
By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
June 30
On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
delete the rest of the line and lines 3 through 5 and insert
'90.635, 409.010, 414.712, 417.805, 417.815, 417.825, 419B.035,
423.400, 423.405, 423.410, 423.415, 423.420, 423.425, 423.430,
423.435, 423.440, 423.445, 423.450, 446.543 and 656.709;
repealing ORS 417.810; appropriating money; and declaring an
emergency.'.
Delete lines 7 through 26.
On page 2, delete lines 1 through 12.
In line 13, delete '5' and insert '1'.
In line 24, delete '6' and insert '2'.
In line 31, delete '7. (1)' and insert '3.'.
In line 32, delete '(a)' and insert '(1)'.
In line 33, delete '5 to 14' and insert '1 to 9'.
Delete lines 34 through 39 and insert:
' (2) Enter and inspect the premises of an agency as defined in
ORS 183.310; and'.
In line 40, delete '(e)' and insert '(3)'.
In line 42, after '183.310' insert a period and delete the rest
of the line and lines 43 through 45.
On page 3, delete lines 1 through 3.
In line 4, delete '8' and insert '4'.
In line 16, delete '9' and insert '5'.
In line 23, delete '10' and insert '6'.
In line 40, delete '11' and insert '7' and delete '5 to 14' and
insert '1 to 9'.
On page 4, line 1, delete '5 to 14' and insert '1 to 9'.
Delete lines 3 through 10.
In line 11, delete '13' and insert '8'.
In line 13, delete '5 to 14' and insert '1 to 9'.
Delete lines 17 through 45 and delete pages 5 through 7.
On page 8, delete lines 1 through 41 and insert:
' { + SECTION 9. + } { + All agencies, as defined in ORS
183.310, shall post the telephone number of the Legislative
Ombudsman in public view in the agencies' offices and facilities
of the agencies. + }
' { + SECTION 10. + } { + The Governor shall designate a
person in the Governor's office to, when requested by an
ombudsman, review a decision of an agency director or a
commission. + }
' { + SECTION 11. + } { + (1) The Office of Children's
Ombudsman is abolished.
' (2) On the effective date of this 2001 Act, the tenures of
the Children's Ombudsman and the staff that supports the
ombudsman cease. + }
' { + SECTION 12. + } { + (1) The Office of Ombudsman for
the Department of Human Services is created in the Department of
Human Services.
' (2) The Director of Human Services shall appoint the
ombudsman. The ombudsman serves at the pleasure of the director.
The department may not subject the ombudsman to the supervision
of a person other than the director.
' (3) Subject to available funds, the ombudsman may hire staff
to carry out the duties and responsibilities of the office and
may prescribe the duties and compensation of the staff subject to
state personnel laws. The ombudsman shall hire a person who has
background and experience in:
' (a) Law enforcement, with an emphasis on crimes involving
child victims; or
' (b) Social work, with an emphasis on child abuse and neglect.
' (4) The ombudsman may serve as ombudsman for the:
' (a) Commission for the Blind.
' (b) Oregon Disabilities Commission.
' (c) Psychiatric Security Review Board.
' (d) State Commission on Children and Families.
' (5)(a) If the department does not agree to implement a
recommendation of the ombudsman, the ombudsman may ask a person
designated by the Governor to review the department's decision.
' (b) The department may not take adverse employment action
against the ombudsman for asking a person designated by the
Governor to review a decision of the department.
' (6) The ombudsman shall inform a person who requests the
ombudsman's services that, if the person is dissatisfied with the
ombudsman's services, the person may submit a complaint to the
Legislative Ombudsman.
' (7) The Ombudsman for the Department of Human Services shall
submit an annual report to the Legislative Assembly that
summarizes the activities of the ombudsman for the preceding
year. The ombudsman shall submit the report to the committee or
committees of the Legislative Assembly with jurisdiction over the
department. + }
' { + SECTION 13. + } { + On the effective date of this 2001
Act, the duties, functions and powers of the Office of Children's
Ombudsman are transferred from the State Commission on Children
and Families to the Office of Ombudsman for the Department of
Human Services in the Department of Human Services. + }
' { + SECTION 14. + } { + The State Commission on Children
and Families shall deliver to the Office of Ombudsman for the
Department of Human Services all records and property within the
jurisdiction of the commission that relate to the duties,
functions and powers of the Children's Ombudsman and shall
transfer to the Office of Ombudsman for the Department of Human
Services those employees engaged primarily in the exercise of the
duties, functions and powers of the Children's Ombudsman. The
Ombudsman for the Department of Human Services, to whom the
delivery and transfer is made, shall take possession of the
property, and shall take charge of the employees and employ them
in the exercise of their duties, functions and powers assigned or
transferred by section 13 of this 2001 Act, without reduction of
compensation but subject to change or termination of employment
or compensation as provided by law. The Governor shall resolve
any disputes about transfers of property or employees under this
section, and the Governor's decision is final. + }
' { + SECTION 15. + } { + All unexpended moneys appropriated
or otherwise available to the State Commission on Children and
Families for the purposes of any of its duties, functions or
powers related to the Children's Ombudsman and transferred by
section 13 of this 2001 Act to the Office of Ombudsman for the
Department of Human Services are appropriated to the Department
of Human Services for the Office of Ombudsman for the Department
of Human Services. + }
' { + SECTION 16. + } { + Any proceeding, action,
prosecution or other business or matter undertaken or commenced
before the effective date of this 2001 Act by the State
Commission on Children and Families, with respect to the duties,
functions or powers of the Children's Ombudsman transferred to
the Office of Ombudsman for the Department of Human Services by
section 13 of this 2001 Act, and still pending on the effective
date of this 2001 Act, may be conducted and completed by the
office in the same manner, under the same terms and conditions
and with the same effect as though undertaken, conducted or
completed by the commission before the transfer. + }
' { + SECTION 17. + } { + Nothing in sections 11 to 20 of
this 2001 Act relieves any person of any obligation with respect
to a tax, fee, fine or other charge, interest, penalty,
forfeiture or other liability, duty or obligation. + }
' { + SECTION 18. + } { + The Office of Ombudsman for the
Department of Human Services, to which the duties, functions and
powers relating to the Children's Ombudsman are assigned or
transferred by section 13 of this 2001 Act, is considered to be a
continuation of the State Commission on Children and Families
with respect to the duties, functions and powers, and not a new
authority, for the purpose of succession to all rights and
obligations of the commission as constituted at the time of the
assignment or transfer, except as otherwise provided in sections
11 to 20 of this 2001 Act, with the same force and effect as if
the duties, functions and powers had not been assigned or
transferred. + }
' { + SECTION 19. + } { + (1) Whenever, in any law or
resolution of the Legislative Assembly or in any rule, document,
record or proceeding authorized by the Legislative Assembly,
reference is made to the Children's Ombudsman in the State
Commission on Children and Families, or an employee of the
commission whose duties, functions or powers are assigned or
transferred by section 13 of this 2001 Act, except as otherwise
provided in sections 11 to 20 of this 2001 Act, the reference is
considered to describe the Office of Ombudsman for the Department
of Human Services, or an employee of the ombudsman, that is
charged by sections 11 to 20 of this 2001 Act with carrying out
the duties, functions and powers.
' (2) The lawful rules of the commission, with respect to the
duties, functions or powers of the Children's Ombudsman assigned
or transferred by section 13 of this 2001 Act, continue in effect
until superseded or rescinded by rules lawfully adopted by the
Office of Ombudsman for the Department of Human Services, to
which was transferred the duty, function or power to which the
rules apply. + }
' { + SECTION 20. + } { + A transfer of duties, functions,
powers, rights, records, property, employees or moneys by section
13 of this 2001 Act does not become operative until the Director
of Human Services appoints the Ombudsman for the Department of
Human Services. Until the director appoints the Ombudsman for the
Department of Human Services, the former Children's Ombudsman,
appointed under ORS 417.810 (1999 Edition), shall continue to
exercise and perform the duties, functions, powers and rights,
and have charge of the records, property, employees and moneys of
the Children's Ombudsman. + }
' { + SECTION 21. + } ORS 409.010 is amended to read:
' 409.010. (1) The Department of Human Services is created.
' (2) The department shall provide programs for the delivery to
the public of services relating to public assistance, children
and families, health and health-related affairs, mental health
and developmental disabilities, vocational rehabilitation,
elderly persons, disabled persons, including persons with
traumatic brain injuries, alcohol and drug abuse and such other
services as may be assigned to the department. Family support
services provided by the department shall be delivered in
accordance with the principles described in ORS 417.342 and
417.344.
' (3) The department shall provide the programs and services
enumerated in subsection (2) of this section through the
divisions and other organizational units, including but not
limited to the following:
' (a) The Adult and Family Services Division;
' (b) The State Office for Services to Children and Families;
' (c) The Mental Health and Developmental Disability Services
Division;
' (d) The Vocational Rehabilitation Division;
' (e) The Health Division;
' (f) The Senior and Disabled Services Division; { - and - }
' (g) Alcohol and Drug Abuse Programs { + ; and
' (h) The Office of Ombudsman for the Department of Human
Services + }.
' (4) The department shall be the recipient of all federal
funds paid or to be paid to the state to enable the state to
provide the programs and services assigned to the department.
' { + SECTION 22. + } 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) - } { + (a) + } 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) - } { + (b) + } 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) - } { + (c) + } 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) - } { + (d) + } A choice of available medical
plans and, within those plans, choice of a primary care provider.
' { - (5) - } { + (e) + } 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) A person who provides ombudsman services under
subsection (1)(a) of this section shall report to the Director of
Human Services. The department may not subject an ombudsman to
the supervision of a person other than the director.
' (b) If the director does not agree to implement a
recommendation of an ombudsman, the ombudsman may ask a person
designated by the Governor to review the director's decision.
' (c) The director may not take adverse employment action
against an ombudsman who asks a person designated by the Governor
to review a decision of the director.
' (d) An ombudsman shall inform a person who requests ombudsman
services that, if the person is dissatisfied with the ombudsman's
services, the person may submit a complaint to the Legislative
Ombudsman.
' (e) The department shall submit an annual report to the
Legislative Assembly that summarizes the activities of the
ombudsmen for the preceding year. The department shall submit the
report to the committee or committees of the Legislative Assembly
with jurisdiction over matters involving medical assistance
programs. + }
' { + SECTION 23. + } 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) - } { + (a) + } 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) - } { + (b) + } 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) - } { + (c) + } 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) - } { + (d) + } A choice of available medical
plans and, within those plans, choice of a primary care provider.
' { - (5) - } { + (e) + } 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) A person who provides ombudsman services under
subsection (1)(a) of this section shall report to the Director of
Human Services. The department may not subject an ombudsman to
the supervision of a person other than the director.
' (b) If the director does not agree to implement a
recommendation of an ombudsman, the ombudsman may ask a person
designated by the Governor to review the director's decision.
' (c) The director may not take adverse employment action
against an ombudsman who asks a person designated by the Governor
to review a decision of the director.
' (d) An ombudsman shall inform a person who requests ombudsman
services that, if the person is dissatisfied with the ombudsman's
services, the person may submit a complaint to the Legislative
Ombudsman.
' (e) The department shall submit an annual report to the
Legislative Assembly that summarizes the activities of the
ombudsmen for the preceding year. The department shall submit the
report to the committee or committees of the Legislative Assembly
with jurisdiction over matters involving medical assistance
programs. + }
' { + SECTION 24. + } ORS 417.805 is amended to read:
' 417.805. { - (1) Subject to the availability of funds under
subsection (2) of this section, the State Commission on Children
and Families - } { + The Office of Ombudsman for the Department
of Human Services + } shall { - cause to have installed - }
{ + maintain + } a state toll-free telephone line { - that may
be used in child abuse situations to provide to persons who
request such information referrals to local counseling and legal
assistance. - }
' { - (2) The commission may accept contributions of funds
from any source to meet the costs of the installation described
in subsection (1) of this section. - } { + to allow citizens
to:
' (1) Obtain information about and referrals to appropriate
services in matters of child abuse and neglect.
' (2) Inform the ombudsman of concerns about the department's
actions in matters of child abuse and neglect.
' (3) Submit complaints about the actions and conduct of the
State Office for Services to Children and Families. + }
' { + SECTION 25. + } ORS 417.815 is amended to read:
' 417.815. (1) The { - Children's - } Ombudsman { + for the
Department of Human Services + } shall be accessible through
{ - the - } { + a + } state toll-free telephone line
{ - established pursuant to ORS 417.805 - } and { + through
other electronic and written forms of communication.
' (2) The ombudsman + } shall:
' (a) Initiate or participate in activities { + , including
educational activities, + } relating to { - disseminating
information on child sexual abuse - } { + the dissemination of
information about the + } detection, prosecution { - , - }
{ + and + } prevention { - and education - } { + of child
abuse and neglect + }.
' (b) Cooperate with the State Office for Services to Children
and Families and law enforcement officials in performing duties
under ORS 418.747 to 418.749 and 419B.005 to 419B.050 when the
investigation involves alleged child { - sexual - } abuse { +
and neglect + }.
' { - (c) Assist the court appointed special advocate under
ORS 419A.170 when the juvenile court proceedings involve a child
sexual abuse victim or a child as the alleged perpetrator of
child sexual abuse. - }
' { - (d) - } { + (c) + } Provide technical assistance in
the development and implementation of state and local programs
that relate to child { - sexual - } abuse { + and
neglect + }.
' { - (e) Collect and analyze data on child sexual abuse
detection, prosecution, prevention and education. - }
' { + (d) Review the systems of the Department of Human
Services for handling cases of child abuse and neglect.
' (e) Collect, organize and analyze data to discern general
patterns and trends, chronic problems and systemic difficulties
in detecting, reporting, investigating, prosecuting and resolving
cases of child abuse and neglect.
' (3) For a complaint regarding the department's involvement in
a specific case of child abuse or neglect, the ombudsman shall:
' (a) Conduct a review of the grievance stated in the
complaint, unless the complaint discloses that there exists an
adequate remedy for the grievance.
' (b) If a person other than the ombudsman can provide a more
effective remedy, refer the complaint to the person.
' (c) Inform the complainant of the actions the ombudsman takes
with regard to the complaint.
' (d) Inform an agency that the ombudsman plans to review the
agency's action, unless the ombudsman believes that notice will
unduly hinder the review.
' (e) Inform the department and an agency under review of the
results of the review, including any recommendations that the
ombudsman believes would resolve:
' (A) The matter that is the subject of the complaint; or
' (B) Systemic problems identified in the review.
' (4) The department shall implement the ombudsman's
recommendations under subsection (3)(e) of this section or
provide the ombudsman with a written explanation of the reasons
the department will not implement the recommendations. + }
' { - (2) - } { + (5) + } { - If - } The
{ - Children's - } ombudsman { - has knowledge of - } { +
shall keep + } confidential information relating to a child
involved or allegedly involved in child { - sexual - }
abuse { + or neglect + } { - , such information shall remain
confidential from public disclosure. However, the ombudsman shall
be subject to legal mandates in - } { + except to the extent
that + } ORS 418.747 to 418.749 and 419B.005 to 419B.050 { +
require the ombudsman to disclose the information + }.
' { + (6) A person may not subject a person who submits a
complaint or participates in a review or proceeding under this
section to a penalty, sanction or restriction or deny the person
any right, privilege or benefit because of the person's
submission or participation.
' (7) If the ombudsman considers that conducting a criminal
records check on an individual is necessary for the ombudsman to
carry out the ombudsman's duties, the ombudsman may conduct a
criminal records check on the individual pursuant to ORS 181.537
through the Law Enforcement Data System maintained by the
Department of State Police or through a qualified vendor. + }
' { + SECTION 26. + } 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 the
{ - Children's - } Ombudsman { + for the Department of Human
Services + }
{ - pursuant to ORS 417.400 to 417.490 (1991 Edition) - } . The
money shall be credited to the { - commission - } { + Office
of Ombudsman for the Department of Human Services + } by the
person collecting the fee.
' { + SECTION 27. + } ORS 419B.035 is amended to read:
' 419B.035. (1) Notwithstanding the provisions of ORS 192.001
to 192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to
confidentiality and accessibility for public inspection of public
records and public documents, reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 are confidential and
are not accessible for public inspection. However, the State
Office for Services to Children and Families shall make records
available to:
' (a) Any law enforcement agency or a child abuse registry in
any other state for the purpose of subsequent investigation of
child abuse;
' (b) Any physician, at the request of the physician, regarding
any child brought to the physician or coming before the physician
for examination, care or treatment;
' (c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
' (d) Citizen review boards established by the Judicial
Department for the purpose of periodically reviewing the status
of children, youths and youth offenders under the jurisdiction of
the juvenile court under ORS 419B.100 and 419C.005. Citizen
review boards may make such records available to participants in
case reviews;
' (e) A court appointed special advocate in any juvenile court
proceeding in which it is alleged that a child has been subjected
to child abuse or neglect; { - and - }
' (f) The Child Care Division for certifying, registering or
otherwise regulating child care facilities { + ; and
' (g) The Ombudsman for the Department of Human Services + }.
' (2) The State Office for Services to Children and Families
may make reports and records available to any person,
administrative hearings officer, court, agency, organization or
other entity when the office determines that such disclosure is
necessary to administer its child welfare services and is in the
best interests of the affected child, or that such disclosure is
necessary to investigate, prevent or treat child abuse and
neglect, to protect children from abuse and neglect or for
research when the assistant director gives prior written
approval. The office shall adopt rules setting forth the
procedures by which it will make the disclosures authorized under
this subsection and subsection (1) of this section. The names,
addresses or other identifying information about the person who
made the report shall not be disclosed pursuant to this
subsection and subsection (1) of this section.
' (3) Any record made available to a law enforcement agency in
this state or to a physician in this state, as authorized by
subsections (1) and (2) of this section, shall be kept
confidential by the agency or physician. Any record or report
disclosed by the office to other persons or entities pursuant to
subsections (1) and (2) of this section shall be kept
confidential.
' (4) No officer or employee of the State Office for Services
to Children and Families or any person or entity to whom
disclosure is made pursuant to subsections (1) and (2) of this
section shall release any information not authorized by
subsections (1) and (2) of this section.
' (5) A person who violates subsection (3) or (4) of this
section commits a Class A violation.
' { + SECTION 28. + } ORS 423.400 is amended to read:
' 423.400. The office of { - Corrections - } { + Public
Safety + } Ombudsman is established in the office of the
Governor. The { + individual in the office of the + } Governor
{ + who is responsible for representing citizens' interests + }
shall appoint the { - Corrections - } { + Public Safety + }
Ombudsman.
' { + SECTION 29. + } ORS 423.405 is amended to read:
' 423.405. (1) The { - Corrections - } { + Public
Safety + } Ombudsman shall be a person of recognized judgment,
objectivity and integrity who is qualified by training and
experience to analyze problems of law enforcement, { + public
safety, + } corrections administration and public policy.
' (2) { - No - } { + The + } person { - while - }
serving as { - Corrections - } { + Public Safety + }
Ombudsman { - shall - } { + 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 30. + } ORS 423.410 is amended to read:
' 423.410. The { - Corrections - } { + Public Safety + }
Ombudsman shall serve at the pleasure of the { + individual in
the office of the + } Governor { + who is responsible for
representing citizens' interests, + } for a term of four years.
The { - Corrections - } { + Public Safety + } Ombudsman may
be reappointed for additional terms.
' { + SECTION 31. + } ORS 423.415 is amended to read:
' 423.415. The { - Corrections - } { + Public Safety + }
Ombudsman may appoint a Deputy { + Public Safety + } Ombudsman
and any other subordinate officers and employees necessary to the
performance of the duties of the ombudsman and shall prescribe
their duties and fix their compensation.
' { + SECTION 32. + } ORS 423.420 is amended to read:
' 423.420. { + (1) As used in ORS 423.400 to 423.450, 'public
safety agency' means the:
' (a) State Board of Parole and Post-Prison Supervision;
' (b) Department of Corrections;
' (c) Department of Justice;
' (d) Department of Public Safety Standards and Training;
' (e) Department of State Police;
' (f) Dispute Resolution Commission;
' (g) Oregon Criminal Justice Commission;
' (h) Oregon Military Department; and
' (i) Oregon Youth Authority.
' (2) + } The { - Corrections - } { + Public Safety + }
Ombudsman shall have the power:
' { - (1) - } { + (a) + } To investigate, on complaint or on
the ombudsman's own motion, any action by { - the Department of
Corrections - } { + a public safety agency + } or any employee
{ - thereof - } { + of a public safety agency + } without
regard to its finality;
' { - (2) - } { + (b) + } To adopt rules required for the
discharge of the duties of office, including procedures for
receiving and processing complaints, conducting investigations,
and reporting findings, not inconsistent with ORS 423.400 to
423.450;
' { - (3) - } { + (c) + } To examine by subpoena the records
and documents of { - the Department of Corrections - } { + a
public safety agency + } or any employee { - thereof - } { +
of a public safety agency + };
' { - (4) - } { + (d) + } To enter and inspect without
notice any premises under the jurisdiction of { - the
Department of Corrections - } { + a public safety agency + };
' { - (5) - } { + (e) + } To subpoena any person to appear,
to give sworn testimony or to produce documentary or other
evidence that is reasonably material to an inquiry;
' { - (6) - } { + (f) + } To undertake, participate in or
cooperate with persons and agencies in such conferences,
inquiries, meetings or studies as might lead to improvements in
the functioning of { - the Department of Corrections - } { +
a public safety agency + };
' { - (7) - } { + (g) + } To bring suit in the Circuit Court
for Marion County to enforce ORS 423.400 to 423.450;
' { - (8) - } { + (h) + } To establish and administer a
budget for the office; and
' { - (9) - } { + (i) + } To strengthen procedures and
practices { - which - } { + that may + } lessen the
possibility that objectionable corrections actions will occur.
' { + SECTION 33. + } ORS 423.425 is amended to read:
' 423.425. (1) The { - Corrections - } { + Public
Safety + } Ombudsman shall investigate, on complaint or on the
ombudsman's own motion, any corrections action that is or is
alleged to be:
' (a) Contrary to or inconsistent with law or { - Department
of Corrections - } { + a + } practice { + of a public safety
agency + };
' (b) Based on mistaken facts or irrelevant considerations;
' (c) Inadequately explained when reasons should have been
revealed;
' (d) Inefficiently performed; or
' (e) Unreasonable, unfair, or otherwise objectionable, even
though in accordance with law.
' (2) Notwithstanding subsection (1) of this section, the
{ - Corrections - } { + Public Safety + } Ombudsman may
decide not to investigate because:
' (a) The complainant could reasonably be expected to use a
different administrative 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 34. + } ORS 423.430 is amended to read:
' 423.430. { + (1) + } The { - Corrections - } { + Public
Safety + } Ombudsman shall:
' { - (1) - } { + (a) + } Give priority to investigating
administrative actions that are not otherwise reviewable by
either administrative or judicial action; { + and + }
' { - (2) - } { + (b) + } Treat confidentially all matters
and the identities of the complainants or witnesses coming before
the ombudsman { - ; and - } { + . + }
' { - (3) - } { + (2) The ombudsman may + } not levy any
fees for the submission or investigation of complaints.
' { + SECTION 35. + } ORS 423.435 is amended to read:
' 423.435. (1) After investigation of any action, the
{ - Corrections - } { + Public Safety + } Ombudsman shall
state the recommendations and reasons if, in the ombudsman's
opinion, { - the Department of Corrections - } { + a public
safety agency + } or any employee
{ - thereof - } { + of a public safety 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) If the { - Corrections - } { + Public Safety + }
Ombudsman { - so - } requests, { - the Department of
Corrections - } { + a public safety agency + } shall, within
the time specified, inform the ombudsman about the action taken
on the recommendations or the reasons for not complying with
them. After a reasonable period of time has elapsed, the
{ - Corrections - } { + Public Safety + } Ombudsman may issue
a report.
' (3) If the { - Corrections - } { + Public Safety + }
Ombudsman believes that any action has been dictated by laws
whose results are unfair or otherwise objectionable, and could be
revised by legislative action, the ombudsman shall { - bring to
notice of - } { + inform + } the Legislative Assembly
{ + of + } any views concerning desirable statutory change.
' { + SECTION 36. + } ORS 423.440 is amended to read:
' 423.440. (1) A letter to the { - Corrections - }
{ + Public Safety + } Ombudsman from a person held in custody,
including by detention, incarceration and hospitalization, by
{ - the Department of Corrections - } { + a public safety
agency + } shall be forwarded immediately { - , unopened, - }
to the { - Corrections - } { + Public Safety + } Ombudsman. A
letter from the { - Corrections - } { + Public Safety + }
Ombudsman to { - such - } { + the + } person shall be
immediately delivered { - , unopened, - } to the person.
' (2) { - No - } { + A + } person who files a complaint
pursuant to ORS 423.400 to 423.450 { - shall - } { + may
not + } be subject to any penalties, sanctions or restrictions
because of { - such - } { + the + } complaint.
' (3) The { - Corrections - } { + Public Safety + }
Ombudsman and the staff of the office shall have the same
immunities from civil and criminal liabilities as a judge of this
state.
' (4) The { - Corrections - } { + Public Safety + }
Ombudsman and the staff of the ombudsman { - shall - }
{ + may + } not be compelled to testify or produce evidence in
any judicial or administrative proceeding with respect to any
matter involving the exercise of their official duties except as
may be necessary to enforce ORS 423.400 to 423.450.
' { + SECTION 37. + } ORS 423.445 is amended to read:
' 423.445. (1) Any person required to testify under ORS 423.400
to 423.450 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) The fees and mileage shall be paid by warrant upon the
State Treasurer upon the certificate of the { - Corrections - }
{ + Public Safety + } Ombudsman. No tender of witness fees or
mileage in advance shall be necessary.
' (3) Notwithstanding subsection (1) of this section, a
representative of a state agency shall receive actual necessary
traveling expenses only.
' { + SECTION 38. + } ORS 423.450 is amended to read:
' 423.450. If any person willfully obstructs or hinders the
proper and lawful exercise of the { - Corrections
Ombudsman's - } powers { + of the Public Safety Ombudsman + },
or willfully misleads or attempts to mislead the
{ - Corrections - } ombudsman in inquiries under ORS 423.400 to
423.450, the judge of the Circuit Court for Marion County, on
application of the ombudsman, shall compel obedience by
proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued from { - such - } { +
the + } court or a refusal to testify { - therein - } { + in
the court + }.
' { + SECTION 39. + } { + Section 40 of this 2001 Act is
added to and made a part of ORS 423.400 to 423.450. + }
' { + SECTION 40. + } { + (1) If a public safety agency does
not agree to implement a recommendation of the Public Safety
Ombudsman, the ombudsman may ask a person designated by the
Governor to review the agency's decision.
' (2) The ombudsman shall inform a person who requests
ombudsman services that, if the person is dissatisfied with the
ombudsman's services, the person may submit a complaint to the
Legislative Ombudsman.
' (3) The Public Safety Ombudsman shall submit an annual report
to the Legislative Assembly that summarizes the activities of the
ombudsman for the preceding year. The ombudsman shall submit the
report to the committee or committees of the Legislative Assembly
with jurisdiction over matters involving corrections and public
safety. + }
' { + SECTION 41. + } { + (1) The Manufactured Dwelling Park
Ombudsman is abolished.
' (2) On the effective date of this 2001 Act, the tenures of
the Manufactured Dwelling Park Ombudsman and the staff that
supports the ombudsman cease. + }
' { + SECTION 42. + } { + On the effective date of this 2001
Act, the Manufactured Dwelling Park Ombudsman is transferred to
the Office of the Manufactured Dwelling Park Information and
Mediation Service in the Housing and Community Services
Department. + }
' { + SECTION 43. + } { + The Manufactured Dwelling Park
Ombudsman shall deliver to the Office of Manufactured Dwelling
Park Information and Mediation Service all records and property
within the jurisdiction of the ombudsman that relate to the
duties, functions and powers of the ombudsman and shall transfer
to the Office of Manufactured Dwelling Park Information and
Mediation Service those employees engaged primarily in the
exercise of the duties, functions and powers of the ombudsman.
The Office of Manufactured Dwelling Park Information and
Mediation Service, to whom the delivery and transfer is made,
shall take possession of the property, and shall take charge of
the employees and employ them in the exercise of their duties,
functions and powers assigned or transferred by section 42 of
this 2001 Act, without reduction of compensation but subject to
change or termination of employment or compensation as provided
by law. The Governor shall resolve any disputes about transfers
of property or employees under this section, and the Governor's
decision is final. + }
' { + SECTION 44. + } { + All unexpended moneys appropriated
or otherwise available to the Housing and Community Services
Department for the purposes of any of its duties, functions or
powers related to the Manufactured Dwelling Park Ombudsman and
transferred by section 42 of this 2001 Act to the Office of
Manufactured Dwelling Park Information and Mediation Service are
appropriated to the Housing and Community Services Department for
the Office of Manufactured Dwelling Park Information and
Mediation Service. + }
' { + SECTION 45. + } { + Any proceeding, action,
prosecution or other business or matter undertaken or commenced
before the effective date of this 2001 Act by the Housing and
Community Services Department, with respect to the duties,
functions or powers of the Manufactured Dwelling Park Ombudsman
transferred to the Office of Manufactured Dwelling Park
Information and Mediation Service by section 42 of this 2001 Act,
and still pending on the effective date of this 2001 Act, may be
conducted and completed by the office in the same manner, under
the same terms and conditions and with the same effect as though
undertaken, conducted or completed by the department before the
transfer. + }
' { + SECTION 46. + } { + Nothing in sections 41 to 48 of
this 2001 Act relieves any person of any obligation with respect
to a tax, fee, fine or other charge, interest, penalty,
forfeiture or other liability, duty or obligation. + }
' { + SECTION 47. + } { + The Office of Manufactured
Dwelling Park Information and Mediation Service, to which duties,
functions and powers relating to the Manufactured Dwelling Park
Ombudsman are assigned or transferred by section 42 of this 2001
Act, is considered to be a continuation of the Housing and
Community Services Department with respect to the duties,
functions and powers and not a new authority, for the purpose of
succession to all rights and obligations of the department as
constituted at the time of the assignment or transfer, except as
otherwise provided in sections 41 to 48 of this 2001 Act, with
the same force and effect as if the duties, functions and powers
had not been assigned or transferred. + }
' { + SECTION 48. + } { + (1) Whenever, in any law or
resolution of the Legislative Assembly or in any rule, document,
record or proceeding authorized by the Legislative Assembly,
reference is made to the Housing and Community Services
Department, or an employee of the department whose duties,
functions or powers are assigned or transferred by section 42 of
this 2001 Act, except as otherwise provided in sections 41 to 48
of this 2001 Act, the reference is considered to describe the
Manufactured Dwelling Park Information and Mediation Service, or
an employee of the service, that is charged by sections 41 to 48
with carrying out the duties, functions and powers.
' (2) The lawful rules of the Housing and Community Services
Department, with respect to the duties, functions or powers of
the Manufactured Dwelling Park Ombudsman assigned or transferred
by section 42 of this 2001 Act, continue in effect until
superseded or rescinded by rules lawfully adopted by the Office
of Manufactured Dwelling Park Information and Mediation Service,
to which was transferred the duty, function or power to which the
rules apply. + }
' { + SECTION 49. + } 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 - } { + Information and Mediation Service + }
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 - } { + Information and Mediation
Service + } a list of the names and addresses of tenants to whom
notice under this section has been sent.
' (4) The Manufactured Dwelling Park { - Ombudsman - }
{ + Information and Mediation Service + } may adopt rules to
implement this section, including rules specifying the form and
content of the notice described under this section.
' { + SECTION 50. + } ORS 446.543 is amended to read:
' 446.543. (1) { - A - } { + The + } Manufactured Dwelling
Park { - Ombudsman - } { + Information and Mediation
Service + } is established in the Housing and Community Services
Department.
' (2) The { - ombudsman - } { + service + } shall:
' (a) Undertake, participate in or cooperate with persons and
agencies in { - such - } { + the + } conferences, inquiries,
meetings or studies
{ - as - } { + that + } might lead to improvements in
manufactured dwelling park landlord and tenant relationships;
' (b) Develop and implement a centralized resource referral
program for tenants and landlords to encourage the voluntary
resolution of disputes;
' (c) Maintain a current list of manufactured dwelling parks in
the state, indicating the total number of spaces; { + and + }
' { - (d) Not be directly affiliated, currently or previously,
in any way with a manufactured dwelling park within the preceding
two years; and - }
' { - (e) - } { + (d) + } Take other actions or perform
{ - such - } { + any + } other duties { - as - }
{ + that + } the Director of the Housing and Community Services
Department { - deems - } { + considers + } necessary or
appropriate.
' { + (3) The service may not employ an individual who,
during the two years preceding the individual's employment with
the service, has been affiliated with a manufactured dwelling
park. + }
' { + SECTION 51. + } ORS 656.709 is amended to read:
' 656.709. (1) { + (a) + } 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
department may not subject the ombudsman to the supervision of a
person other than the director.
' (b) + } 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.
' { + (c) If the director does not agree to implement a
recommendation of the ombudsman, the ombudsman may ask a person
designated by the Governor to review the director's decision.
' (d) The director may not take adverse employment action
against an ombudsman who asks a person designated by the Governor
to review a decision of the director.
' (e) The ombudsman shall inform a person who requests
ombudsman services that, if the person is dissatisfied with the
ombudsman's services, the person may submit a complaint to the
Legislative Ombudsman.
' (f) The office of ombudsman for injured workers shall submit
an annual report to the Legislative Assembly that summarizes the
activities of the ombudsman for the preceding year. The
ombudsman shall submit the report to the committee or committees
of the Legislative Assembly with jurisdiction over matters
involving workers' compensation. + }
' (2) { + (a) + } The office of ombudsman for small business is
created in the department. The ombudsman shall report directly to
the director. { + The department may not subject the ombudsman
to the supervision of a person other than the director.
' (b) + } The ombudsman shall provide information and
assistance to small businesses with regard to workers'
compensation insurance and claims processing matters.
' { + (c) If the director does not agree to implement a
recommendation of the ombudsman, the ombudsman may ask a person
designated by the Governor to review the director's decision.
' (d) The director may not take adverse employment action
against an ombudsman who asks a person designated by the Governor
to review a decision of the director.
' (e) The ombudsman shall inform a person who requests
ombudsman services that, if the person is dissatisfied with the
ombudsman's services, the person may submit a complaint to the
Legislative Ombudsman.
' (f) The office of ombudsman for small business shall submit
an annual report to the Legislative Assembly that summarizes the
activities of the ombudsman for the preceding year. The ombudsman
shall submit the report to the committee or committees of the
Legislative Assembly with jurisdiction over matters involving
workers' compensation. + }
' { + SECTION 52. + } { + ORS 417.810 is repealed. + } ' .
In line 42, delete '27' and insert '53'.
In line 44, delete '5 to 14' and insert '1 to 9'.
On page 9, line 1, delete '28' and insert '54'.
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