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 3458
 
                         Senate Bill 198
 
Sponsored by COMMITTEE ON RULES AND REDISTRICTING (at the request
  of Senator Randy Miller)
 
 
                             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 as
introduced.
 
  Requires public agencies, in absence of dispute, to pay
Department of Justice invoices within 30 days. Requires Attorney
General to adopt process for resolving billing disputes and to
resolve billing disputes within 30 days. Makes Attorney General's
resolution of dispute final and binding on agency. Requires
agency to pay disputed invoice within 30 days of resolution.
  Requires Attorney General to report to Seventy-second
Legislative Assembly on billing disputes.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
Relating to the Department of Justice; creating new provisions;
  amending ORS 180.170; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 180.170 is amended to read:
  180.170.  { + (1) + } The Department of Justice shall estimate
in advance the expenses that it will incur during the biennium
under ORS 180.160 and 180.340, and shall render to officers,
departments, boards and commissions of state government and other
public bodies an invoice for their share of   { - such - }
 { + the + } expenses for periods within the biennium and in
sufficient amounts to provide reasonable cash operating
requirements for the Legal Division of the Department of Justice
within the biennial period.  Each officer, department, board or
commission or other public body shall pay to the credit of the
Department of Justice Operating Account   { - such - }   { + the
amount of the + } invoice as an administrative expense from funds
or appropriations available to it in the same manner as other
claims against the state or public body are paid.  If the
estimated expenses for any officer, department, board, commission
or public body are more or less than actual expenses for the
period covered by the invoice, the difference shall be reflected
in the next following estimate of expenses.
   { +  (2) Notwithstanding subsection (1) of this section,
unless an officer, department, board or commission of state
government or other public body disputes the amount of an invoice
for legal services from the Department of Justice, the officer,
department, board, commission or other public body shall pay the
invoice within 30 days of receipt.
 
  (3) If the officer, department, board, commission or other
public body disputes the amount of an invoice, the Attorney
General shall resolve the dispute within 30 days of receipt of
notice of the dispute. The Attorney General shall adopt a
procedure for resolving disputes. The Attorney General's
resolution of the dispute is final and binds the officer,
department, board, commission or other public body. An officer,
department, board, commission or other public body shall pay the
amount the Attorney General determines to be due within 30 days
of receipt of notice of the determination. + }
  SECTION 2.  { + On or before January 15, 2003, the Attorney
General shall report to the Seventy-second Legislative Assembly
the following information for the period from July 1, 2001, to
December 1, 2002:
  (1) The identity of each officer, department, board, commission
or other public body that disputed an invoice for legal services
under ORS 180.170, the nature of the dispute and the Attorney
General's resolution of the dispute.
  (2) The identity of each officer, department, board, commission
or other public body that failed to comply with an obligation
imposed by ORS 180.170, together with the amount and duration of
the delinquent payment. + }
  SECTION 3.  { + Section 2 of this 2001 Act and the amendments
to ORS 180.170 by section 1 of this 2001 Act apply to invoices
for services rendered on or after the effective date of this 2001
Act. + }
  SECTION 4.  { + 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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