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
 
                           B-Engrossed
 
                         House Bill 3877
                  Ordered by the House June 30
       Including House Amendments dated May 23 and June 30
 
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   { - positions - }   { + position + } of
 { - Government Efficiency Officer and - }  Legislative Ombudsman
within legislative department.  Prescribes duties and authority
of   { - officer and - }  ombudsman.  Abolishes  { + or
modifies + } certain agency ombudsmen. Appropriates moneys from
General Fund to 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, 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.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (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 2.  { + (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 3.  { + The Legislative Ombudsman may:
  (1) Develop procedures for receiving and processing complaints,
conducting investigations and reporting findings consistent with
sections 1 to 9 of this 2001 Act;
  (2) Enter and inspect the premises of an agency as defined in
ORS 183.310; and
  (3) 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. + }
  SECTION 4.  { + (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 5.  { + 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 6.  { + (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 7.  { + (1) A person that files a complaint pursuant to
sections 1 to 9 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 1 to 9 of this 2001 Act. + }
  SECTION 8.  { + 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 1 to 9 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 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. + }
  SECTION 53.  { + 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
1 to 9 of this 2001 Act. + }
  SECTION 54.  { + 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. + }
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