71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to A-Eng. SB 292 (A to RC)
LC 722/SB 292-A9
SENATE AMENDMENTS TO
A-ENGROSSED SENATE BILL 292
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By JOINT COMMITTEE ON WAYS AND MEANS
July 4
On page 1 of the printed A-engrossed bill, line 2, after '
development;' delete the rest of the line and lines 3 through 7
and insert 'creating new provisions; amending ORS 238.015,
240.205, 285A.020, 285A.045, 285A.055, 285A.075, 285A.090,
285A.200, 285A.213, 285A.227, 285A.264, 285A.276, 285A.654,
285A.657, 285A.666, 285A.669, 285A.672, 285A.675, 285A.678,
285A.681, 285A.684, 285A.690, 285A.693, 285A.699, 285A.702,
285A.708, 285A.711, 285B.410, 285B.413, 285B.416, 285B.419,
285B.422, 285B.425, 285B.428, 285B.434, 285B.437, 285B.440,
285B.443, 285B.452, 285B.455, 285B.458, 285B.461, 285B.467,
285B.479, 285B.560, 285B.563, 285B.578, 285B.581, 285B.590,
285B.596 and 777.195; repealing ORS 778.240 and section 1,
chapter 343, Oregon Laws 2001 (Enrolled House Bill 3660), and
sections 5, 6 and 7, chapter ___, Oregon Laws 2001 (Enrolled
Senate Bill 479); and prescribing an effective date.'.
Delete line 9 and insert:
' { + SECTION 1. + } { + ORS 778.240 and section 1, chapter
343, Oregon + } { + Laws 2001 (Enrolled House Bill 3660), are
repealed. + }
' { + SECTION 1a. + } { + If Senate Bill 479 becomes law,
sections 5 (amending ORS 285B.413), 6 (amending ORS 285B.410) and
7 (amending ORS 285B.428), chapter ___, Oregon Laws 2001
(Enrolled Senate Bill 479), are repealed. + }
' { + SECTION 1b. + } ORS 285A.020 is amended to read:
' 285A.020. (1) The Legislative Assembly finds that:
' (a) Oregon's economy continues to experience change and
adjustment that greatly affect the well-being of its citizens.
' (b) The state has a need for continuing economic development
to help provide the jobs for its citizens that lead to community
vitality and a high quality of life.
' (2) The Legislative Assembly further finds that:
' (a) Oregon's human resources constitute a major asset in the
state's effort to promote economic expansion and improvement.
' (b) Oregon's natural resources provide ample opportunities
for productive and beneficial economic enterprise.
' (c) Oregon's location on the growing economy of the Pacific
Rim provides substantial opportunities and challenges in
international trade.
' (d) Oregon's special heritage, its respect for and
cultivation of its environment and its quality of life are a
unique and sustaining virtue that will both guide and assist in
maintaining the state's economic health.
' (3) It is the purpose of ORS chapters 285A and 285B to
promote the improvement of Oregon's economy to better provide for
the well-being of its citizens. To that end, the Economic and
Community Development Department shall invest resources in
accordance with the following principles:
' (a) Structures and processes for making public investments
and dealing with local and regional issues must be designed
flexibly so that actions can adapt to the constantly changing
conditions and demands under which communities and businesses
operate.
' (b) Partnerships among local, state and federal, public and
private players should be used to set direction, develop projects
and set priorities.
' (c) The expected impact of public investments at all levels
should be explicitly identified, in terms of measurable outcomes,
whenever possible.
' (d) State, federal and community goals, constraints and
obligations should be identified at the beginning of the public
investment planning process, and the state should work actively
with communities and regions to accomplish their mutual
objectives.
' (4) The Legislative Assembly declares that it is the
immediate economic strategy of the state to:
' (a) Focus on Oregonians in communities that are rural,
economically distressed or lack diverse employment opportunities,
including providing assistance in recruiting jobs from outside
the community or state and financing necessary infrastructure;
' (b) Assist Oregonians who are underemployed or in low income
jobs;
' (c) Assist start-up companies and companies already doing
business in Oregon; { - and - }
' (d) Help regions that are committed to making strong progress
toward an integrated structure and process for strategic planning
and project development { + ; and
' (e) Focus on strategies and investments that maximize the
economic benefit to the state of the global shift to an
information, science and technology driven economy and on
industries and companies that make significant use of the
high-capacity telecommunications, science and technology-related
manufacturing processes or knowledge transfer typical of these
emerging economic sectors + }.
' { + SECTION 1c. + } ORS 285A.045 is amended to read:
' 285A.045. (1) As its primary duty, the Oregon Economic and
Community Development Commission shall develop and maintain an
economic and community development policy for this state that
implements the strategy declared in ORS 285A.020 (4) and that
includes policies that:
' (a) Maintain and create jobs that raise real wage levels of
Oregon workers.
' (b) Increase the skill levels of the Oregon workforce.
' (c) Improve the competitiveness of this state's traded sector
industries { + , including industries characterized by
significant use of high-capacity telecommunications, science and
technology-related manufacturing processes or knowledge
transfer, + } and achieve benchmarks for those industries
established by the Oregon Progress Board.
' (d) Invest public moneys in a manner that produces the
greatest possible return on investment.
' (e) Support statewide and regional strategies to develop and
maintain the infrastructure necessary to support and strengthen
the economy of this state.
' (f) Identify and eliminate barriers that impede the
competitiveness of Oregon businesses.
' (g) Encourage expansion of existing Oregon businesses and the
attraction of new business and industry to those communities that
desire such development { + , with particular attention to
industries characterized by significant use of high-capacity
telecommunications, science and technology-related manufacturing
processes or knowledge transfer + }.
' (2) It is the function of the Oregon Economic and Community
Development Commission to establish the policies for economic and
community development in this state in a manner consistent with
the policies and purposes set forth in this section and ORS
285A.050. In addition, the commission shall perform any other
duty vested in it by law.
' (3) The commission shall keep complete and accurate records
of all the meetings, transactions and business of the commission
at the office of the Economic and Community Development
Department.
' (4) The commission shall set policy for and monitor programs
relating to economic development and rural and community
development and such other programs related to economic and
community development that may be assigned by law to the
department.
' (5) In carrying out its duties under subsection (1) of this
section, the commission shall:
' (a) Place priority on those policies that achieve benchmarks
established by the Oregon Progress Board; and
' (b) Coordinate its activities with the policies of the
Education and Workforce Policy Advisor and the policymaking
bodies of the Housing and Community Services Department, the
Department of Transportation, the Department of Environmental
Quality, the Department of Land Conservation and Development and
the Employment Department, as well as other appropriate state and
federal agencies.'.
On page 2, line 27, after '(7)' insert 'Notwithstanding ORS
279.712,'.
On page 3, after line 12, insert:
' { + SECTION 4a. + } ORS 285A.213 is amended to read:
' 285A.213. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Safe Drinking
Water Revolving Loan Fund. All moneys in the Safe Drinking Water
Revolving Loan Fund are continuously appropriated to the Economic
and Community Development Department.
' (2) The Economic and Community Development Department shall
administer the Safe Drinking Water Revolving Loan Fund in
accordance with a memorandum of understanding between the
department and the Health Division.
' (3) The Safe Drinking Water Revolving Loan Fund shall consist
of:
' (a) Moneys transferred to the fund by the Health Division for
purposes authorized by the memorandum of understanding between
the Health Division and the Economic and Community Development
Department.
' (b) Moneys transferred to the fund by the federal government,
other state agencies or local governments.
' (c) Moneys transferred to the fund by the Legislative
Assembly or the Oregon Economic and Community Development
Commission.
' (d) Proceeds from the sale of revenue bonds.
' (e) Repayment of financial assistance provided with moneys
from the fund.
' (f) Interest and other earnings on moneys in the fund.
' (4) Moneys in the Safe Drinking Water Revolving Loan Fund
shall be used to provide financial { + or other + } assistance
to publicly owned and privately owned water systems under the
Safe Drinking Water Act Amendments of 1996, P.L. 104-182, and
rules of the Economic and Community Development Department. { +
As used in this subsection, 'assistance' includes direct purchase
by the department of goods or services related to a water system
project to the extent permitted by the memorandum of
understanding between the department and the Health Division, the
Safe Drinking Water Act Amendments of 1996, and as authorized by
rules of the department. + } ' .
In line 21, after the period insert 'Notwithstanding ORS
279.712,'.
On page 4, line 3, after 'state' insert 'by targeting
high-yield visitor segments that may include cultural tourism,
agri-tourism, nature-based tourism or sports and adventure
tourism'.
On page 5, after line 7, insert:
' { + SECTION 7a. + } ORS 285A.654 is amended to read:
' 285A.654. (1) There is created within the State Treasury,
separate and distinct from the General Fund, the Port Planning
and Marketing Fund. All moneys in the Port Planning and Marketing
Fund are appropriated continuously to the Ports Division and
shall be used by the division for:
' (a) Administrative expenses of the division in processing
grant applications and investigating proposed planning or
marketing projects related to ports.
' (b) Payment of grants under ORS 285A.654 to 285A.660 to ports
incorporated under ORS 777.010 and 777.050.
' { + (c) Direct purchase by the division of goods or
services to assist ports in implementing planning or marketing
projects approved for grant financing under ORS 285A.654 to
285A.660. + }
' (2) The Port Planning and Marketing Fund shall consist of:
' (a) Moneys appropriated to the fund by the Legislative
Assembly.
' (b) Moneys obtained from gifts or grants received under ORS
285A.200.
' (c) Moneys obtained from interest earned on the investment of
such moneys.
' (3) Moneys in the Port Planning and Marketing Fund, with the
approval of the State Treasurer, may be invested as provided by
ORS 293.701 to 293.820, and the earnings from such investments
shall be credited to the Port Planning and Marketing Fund.
' { + SECTION 7b. + } ORS 285A.657 is amended to read:
' 285A.657. (1) The Ports Division may make grants, as funds
are available, to any port incorporated under ORS chapter 777 or
778 for:
' (a) A planning project conducted under ORS 285A.627 or any
other planning project necessary for improving the port's
capability to carry out its authorized functions and activities
relating to trade and commerce; or
' (b) A marketing project necessary for improving the port's
capability to carry out its authorized functions and activities
relating to trade and commerce.
' (2) Any port may file with the Ports Division an application
for a grant from the Port Planning and Marketing Fund to finance
a specific planning project or marketing project.
' (3) An application under this section shall be filed in such
a manner and contain or be accompanied by such information as the
Ports Division may prescribe.
' (4) Upon receipt of an application, the Ports Division shall
determine whether the planning project or marketing project is
eligible for funding under ORS 285A.654 to 285A.660. If the Ports
Division determines that the project is not eligible, it shall
within 60 days:
' (a) Reject the application; or
' (b) Require the applicant to submit additional information as
may be necessary.
' (5) The Ports Division may approve a grant for a planning
project or a marketing project described in an application filed
under this section if, after investigation, the Ports Division
finds that:
' (a) The project meets the standards and criteria established
by the Ports Division for grant financing from the Port Planning
and Marketing Fund; and
' (b) Moneys in the Port Planning and Marketing Fund are or
will be available for the project.
' (6) Grants to ports under ORS 285A.654 to 285A.660 shall not
exceed $25,000 and shall not exceed 75 percent of the total cost
of the project.
' (7) The Ports Division shall not fund any program that
subsidizes regular port operating expenses.
' { + (8) In lieu of all or part of the grant financing
approved under ORS 285A.654 to 285A.660 for a planning or
marketing project, the Ports Division may purchase goods or
services to assist a port in implementing a project. + } ' .
On page 8, line 42, delete '25' and insert '26'.
Delete lines 44 and 45.
On page 9, delete lines 1 through 28.
On page 10, line 3, after 'sidings' insert ',
telecommunications infrastructure'.
Delete lines 29 through 36 and insert:
' (4) 'Municipality' means a city, a county, the Port of
Portland created by ORS 778.010, a county service district
organized under ORS chapter 451, a tribal council of an Indian
tribe in this state or a district as defined in ORS 198.010.
' (5) 'Nonurban infrastructure projects' includes all those
projects which do not meet the definition of urban infrastructure
projects.'.
In line 37, delete '(5)' and insert '(6)'.
In line 39, delete '(6)' and insert '(7)'.
In line 44, delete '(7)' and insert '(8)'.
On page 11, line 1, delete '(8)' and insert '(9)'.
After line 2, insert:
' (10) 'Telecommunications infrastructure' means real or
personal property, structures or equipment constructed, used or
configured for the electronic transmission or receipt of voice,
data, text, images or video between sites and facilities.
' (11) 'Urban infrastructure projects' includes all those
projects located in whole or in part within the acknowledged
Portland Metropolitan Area Regional Urban Growth Boundary, and
the acknowledged urban growth boundaries of the cities of Eugene,
Springfield, Salem, Keizer or Medford or projects that will
principally benefit these areas. The Director of the Economic and
Community Development Department is authorized to resolve
situations left in question by this definition.'.
In line 3, delete '(9)' and insert '(12)'.
After line 13, insert:
' { + SECTION 27a. + } ORS 285B.413 is amended to read:
' 285B.413. (1) The Legislative Assembly finds that:
' (a) The improvement, expansion and new construction of the
state's sewage treatment works, water supply works, { +
telecommunications infrastructure, + } roads and public
transportation
{ - provides - } { + provide + } the basic framework for
continuing and expanding economic activity in this state, thereby
providing jobs and economic opportunity for the people of Oregon.
' (b) It is essential to maintain usable and developable
industrial and commercial lands in Oregon.
' (2) Since municipalities in this state often suffer from a
lack of available financing { + and technical capacity + } for
such projects, it is the purpose of ORS 285B.410 to 285B.479 to
provide financial { + or other + } assistance in order that they
may construct, improve and repair those facilities that are
essential for supporting continuing and expanded economic
activity. It is the intent of the Legislative Assembly, by
providing that assistance, to stimulate industrial growth and
commercial enterprise and to promote employment opportunities in
Oregon.
' (3) The money in the Special Public Works Fund shall be used
primarily to provide loans to municipalities for infrastructure
projects. Grants shall be given only when loans are not feasible
due to the economic need of the applicant municipality and
special circumstances of the project. The Director of the
Economic and Community Development Department is authorized to
determine the level of grant or loan funding, if any, on a
case-by-case basis.'.
In line 23, after 'financial' insert 'or other'.
In line 30, delete 'financial'.
On page 12, line 40, after 'financial' insert 'or other'.
On page 13, delete lines 6 through 9 and insert:
' (3)(a) As provided in this subsection and ORS 285B.455 (5),
but notwithstanding any other provision of ORS 285B.410 to
285B.479, community facilities projects are not eligible for
grants made from the Special Public Works Fund.'.
In line 22, delete '285B.434 (2), (4) and (5),' and insert '
285B.434 (2), (3), (4) and (5), 285B.443 (1)(b),'.
In line 28, delete 'financial'.
In line 37, after 'financial' insert 'or other'.
In line 40, after 'project' insert ', or by other means'.
After line 40, insert:
' { + SECTION 30b. + } ORS 285B.428 is amended to read:
' 285B.428. (1) Any municipality may file an application with
the Economic and Community Development Department to obtain
financial { + or other + } assistance from the Special Public
Works Fund. The application shall be filed in such manner and
contain or be accompanied by such information as the department
may require.
' (2) In addition to other requirements prescribed by the
department, an application filed under this section shall:
' (a) Describe the nature and purposes of the proposed
infrastructure project, including the need for the project and
the reasons why the project is in the public interest.
' (b) Set forth or be accompanied by a feasibility study of the
proposed infrastructure project and an estimate of the costs of
construction.
' (c) State whether any moneys other than those in the Special
Public Works Fund are proposed to be used for the infrastructure
project and whether any other moneys are available or have been
sought for the project.
{ + ' (d) Provide, if assistance is to be used for
telecommunications infrastructure, a resolution, adopted by the
governing body of the municipality after a public hearing, that
includes findings and states that the proposed telecommunications
infrastructure project is necessary and would not otherwise be
provided by a for-profit entity within a reasonable time and for
a reasonable cost. + }
' { + SECTION 30c. + } ORS 285B.434 is amended to read:
' 285B.434. The Economic and Community Development Department
shall not approve { - financial - } assistance from the
Special Public Works Fund for an infrastructure project proposed
in an application filed under ORS 285B.428 unless, after
investigation, the department finds that:
' (1) The proposed infrastructure project is feasible, and the
municipality has certified to the department that there will be
adequate funds available to repay any loans made to the
municipality under ORS 285B.410 to 285B.479;
' (2) The proposed infrastructure project is situated in an
area in which economic development is prevented or substantially
restricted by a lack of adequate sewage treatment works, solid
waste disposal sites, water supply works, { + telecommunications
infrastructure, + } roads, public transportation or other
facilities that comprise the physical foundation for industrial
and commercial activity;
' (3) The proposed infrastructure project is situated in a city
or county with a comprehensive land use plan that allows
industrial and commercial development of a type and scale that is
sufficient to repay the costs of the project;
' (4) A high probability exists for industrial or commercial
development, or both, of the properties served by the
infrastructure project;
' (5) The municipality has provided as part of the security for
repayment of loans or bonds made available through ORS 285B.410
to 285B.479, provisions for payments from any owners of property
specially benefited by the infrastructure project which are
sufficient when considered with other security to assure
repayment of bonds and loans made available through ORS 285B.410
to 285B.479;
' (6) Moneys in the appropriate accounts of the Special Public
Works Fund are or will be available for the infrastructure
project;
' (7) The municipality is willing and able to enter into a
contract with the department for repayment as provided in ORS
285B.437 (1)(a) to { - (e) - } { + (d) + }; and
' (8) The proposed infrastructure project is consistent with
rules adopted under ORS 285B.419.
' { + SECTION 30d. + } ORS 285B.437 is amended to read:
' 285B.437. (1) If the Economic and Community Development
Department approves { - financial - } assistance from the
Special Public Works Fund for an infrastructure project, the
department, on behalf of the state, and the municipality may
enter into a contract, which shall set forth, among other
matters:
' (a) An estimate of the reasonable cost of the infrastructure
project.
' (b) An agreement by the municipality to proceed expeditiously
with, and complete, the project in accordance with plans reviewed
and approved by the department.
' { - (c) None of the financial assistance provided by the
state shall be used for administrative purposes by the
municipality. - }
' { - (d) - } { + (c) + } A statement that the liability of
the state under the contract is contingent upon the availability
of moneys in the Special Public Works Fund for use in the
infrastructure project.
' { - (e) - } { + (d) + } Such other provisions as the
department considers necessary to insure expenditure of the
moneys for the purposes set forth in the approved application.
' (2) When the department approves financial assistance under
ORS 285B.410 to 285B.479 for an infrastructure project, the
department shall pay moneys for the project from the Special
Public Works Fund in accordance with the terms of the contract.
' (3) The department shall determine and approve a maximum
amount of a loan for an infrastructure project under ORS 285B.410
to 285B.479 based upon a reasonable and prudent expectation of
the municipality's ability to repay any amount borrowed.'.
In line 42, delete '(e)' and insert '(d)'.
On page 14, after line 18, insert:
' { + SECTION 31a. + } ORS 285B.440 is amended to read:
' 285B.440. (1) The maximum amount of any grant to a
municipality made from the Special Public Works Fund under ORS
285B.419 shall not exceed $1 million.
' (2) No grant to a municipality shall be made for a project in
an amount that exceeds 85 percent of total project costs.
' (3) The Economic and Community Development Department shall
develop standards for determining the maximum proportion of any
project which can be funded by grants. Such standards shall at a
minimum provide grants equaling a larger percentage of total
project costs for projects with greatest economic need.
' (4) A grant contract under ORS 285B.437 (1)(a) to
{ - (e) - } { + (d) + } and this section may provide for
grants on behalf of the municipality on an annual basis in the
form of partial repayment to bondholders of amounts owed them. In
such cases, the contract shall provide that moneys are or will be
available in the Special Public Works Fund for such annual
payments.
' { + SECTION 31b. + } ORS 285B.452 is amended to read:
' 285B.452. In addition to making loans to municipalities for
infrastructure projects and purchasing debt obligations issued to
finance an infrastructure project, the Economic and Community
Development Department may provide any other form of
financial { + or other + } assistance that the department may
consider appropriate { - for the financing of - } { + to
assist municipalities with + } infrastructure projects { +
including the direct purchase by the department of goods or
services related to an infrastructure project + }.'.
After line 39, insert:
' { + SECTION 32a. + } ORS 285B.458 is amended to read:
' 285B.458. Not less than { - 33 - } { + 60 + } percent of
the funds disbursed from the { + Special Public Works + } Fund
shall be used to provide { - financial - } assistance to
{ + distressed area and + } nonurban infrastructure projects
{ - and not less than 33 percent shall be used to provide
financial assistance to urban infrastructure projects - } .'.
In line 44, delete 'shall' and insert 'may'.
On page 15, line 2, delete 'funding of' and insert ' assistance
for'.
On page 16, line 29, after 'projects' insert ', as described in
ORS 285B.560 to 285B.599'.
On page 19, after line 13, insert:
' { + SECTION 39a. + } ORS 285B.590 is amended to read:
' 285B.590. In addition to making loans to municipalities for
water projects, the Economic and Community Development Department
may provide any other form of financial { + or other + }
assistance that the department may consider appropriate { - for
the financing of - } { + to assist municipalities with + }
water projects { + , including direct purchase by the department
of goods and services related to a water project + }.
' { + SECTION 39b. + } ORS 285B.596 is amended to read:
285B.596. Not less than { - 33 - } { + 60 + } percent of
the moneys appropriated to the Water Fund shall be used to
provide
{ - financial - } assistance to { + distressed area and + }
nonurban water projects { - and not less than 33 percent shall
be used to provide financial assistance to urban water
projects - } .
' { + SECTION 39c. + } { + Section 39d of this 2001 Act is
added to and made a part of ORS 285B.650 to 285B.728. + }
' { + SECTION 39d. + } { + (1) If an eligible business firm
completes the refurbishing, retrofitting or upgrading of real
property, machinery or equipment that is located within the
enterprise zone, but was idle during the 18 months immediately
preceding the first assessment year for which application for an
enterprise zone tax exemption is made with respect to the
property, the refurbished, retrofitted or upgraded real property,
machinery or equipment is qualified property under ORS 285B.713
and potentially subject to enterprise zone tax exemption for all
of the property's value if the following requirements are
satisfied:
' (a) Prior to the period of idleness, the property was in use
within the enterprise zone for at least 12 consecutive months;
' (b) The refurbishing, retrofitting or upgrading of the
property involved an investment of at least $3 million; and
' (c) As a result of refurbishing, retrofitting or upgrading
the property, the value of the property is at least $25 million
higher than the assessed value for the tax year prior to the
first tax year of the enterprise zone tax exemption.
' (2) The refurbishing, retrofitting or upgrading of real
property, machinery or equipment described in subsection (1) of
this section is a modification of property for purposes of ORS
285B.650 to 285B.728.
' (3) ORS 285B.698 (5) does not apply to qualified property
described in subsection (1) of this section.
' (4) ORS 285B.704 (1)(d) does not apply to a business firm
applying for or claiming an enterprise zone tax exemption for
qualified property described in subsection (1) of this section if
the provisions of ORS 285B.704 (2)(b) for zone sponsor approval
by resolution of the local governing body or bodies are
satisfied. + }
' { + SECTION 39e. + } { + Section 39d of this 2001 Act
applies only to property for which application for an enterprise
zone tax exemption is made on or prior to April 1, 2004. + } ' .
In line 14, delete '39a' and insert '39f'.
Delete lines 31 through 36 and insert:
' { + SECTION 40. + } ORS 285A.090 is amended to read:
' 285A.090. The Economic and Community Development Department
shall:
' (1) Implement programs consistent with policies of the Oregon
Economic and Community Development Commission.
' (2) Provide field representatives in the various geographical
regions of the state. The field representatives shall be in the
unclassified service and shall receive such salary as may be set
by the Director of the Economic and Community Development
Department, unless otherwise provided by law. The field
representatives shall:
' (a) Work with local units of government and the private
sector to encourage and to assist them as they establish and
carry out economic development plans and programs under ORS
280.500;
' (b) Promote local awareness of department policy and
department programs and services and of assistance and economic
incentives available from government at all levels; and
' (c) Deliver to local units of government and the private
sector the assistance and services available from the department,
including publications, research and technical and financial
assistance programs.
' (3) Process requests received by state agencies and
interested parties for information pertaining to industrial and
commercial locations and relocations throughout the state.
' (4) Consult and advise with, coordinate activities of, and
give technical assistance and encouragement to, state and local
organizations, including local development corporations, county,
city, and metropolitan-area committees, chambers of commerce,
labor organizations and similar agencies interested in obtaining
new industrial plants or commercial enterprises.
' (5) Act as the state's official liaison agency between
persons interested in locating industrial or business firms in
the state, and state and local groups seeking new industry or
business, maintaining the confidential nature of the negotiations
it conducts as requested by persons contemplating location in the
state.
' (6) Coordinate state and federal economic development
programs.
' (7) Consult and advise with, coordinate activities of, and
give technical assistance and encouragement to all parties
including, but not limited to, port districts within the state
working in the field of international trade or interested in
promoting their own trading activity.
' (8) Provide advice and technical assistance to Oregon
business and labor.
' (9) Collect and disseminate information regarding the
advantages of developing new business and expanding existing
business in the state.
' (10) Aid local communities in planning for and obtaining new
business to locate therein and provide assistance in local
applications for federal development grants.
' (11) Work actively to recruit domestic and international
business firms to those communities that desire such recruitment.
' (12) In carrying out its duties under ORS chapters 285A and
285B and ORS 329.905 to 329.975, give priority to assisting small
businesses in this state by encouraging the creation of new
businesses, the expansion of existing businesses and the
retention of economically distressed businesses which are
economically viable.
' (13) { - Provide managers and other employees for - } { +
Establish and operate + } foreign trade offices in those foreign
countries in which the department considers a foreign trade
office necessary { + using department employees, contracts with
public or private persons or a combination of department
employees and contractors + }.
{ - Managers and other - } { + Department + } employees { + ,
including managers, who are assigned to work in a foreign trade
office + } shall be in the unclassified service, and the director
shall set the salaries of those persons. Foreign trade offices
shall { + provide one or more of the following services + }:
' (a) Work with the private sector to assist them in finding
international markets for their goods and services;
' (b) Work with local units of government to assist them in
locating foreign businesses within their jurisdiction;
' (c) Promote awareness in foreign countries of department
policy, programs and services and of assistance and economic
incentives available from government at all levels; { - and - }
{ + or + }
' (d) Provide { - all - } other assistance considered
necessary by the director.
' { + SECTION 41. + } ORS 238.015 is amended to read:
' 238.015. (1) No person may become a member of the system
unless that person is in the service of a public employer and has
completed six months' service uninterrupted by more than 30
consecutive working days during the six months' period. Every
employee of a participating employer shall become a member of the
system at the beginning of the first full pay period of the
employee following the six months' period. All public employers
participating in the Public Employees Retirement System
established by chapter 401, Oregon Laws 1945, as amended, at the
time of repeal of that chapter, and all school districts of the
state, shall participate in, and their employees shall be members
of, the system, except as otherwise specifically provided by law.
' (2) Any active member of the Public Employees Retirement
System who, through the annexation of a political subdivision
employing the member or by change of employment, becomes the
employee of another political subdivision which is participating
in the Public Employees Retirement System and has also a separate
retirement system for its employees, shall remain an active
member of the Public Employees Retirement System unless, within
60 days after the effective date of the annexation or change of
employment or April 8, 1953, the member shall by written notice
to the Public Employees Retirement Board and to the
administrative body of the new public employer elect to
relinquish membership in the Public Employees Retirement System
and become a member of the separate retirement system of the
employer, if eligible for membership in that retirement system,
and the member shall be so carried by the new employer.
Immediately upon such annexation of any political subdivision or
such change of employment, the new public employer shall inform
such employee in writing of the right of the employee to exercise
an election as in this section provided.
' (3) A political subdivision (other than a school district)
not participating in the retirement system established by chapter
401, Oregon Laws 1945, as amended, which employs one or more
employees, each of whose position requires 600 hours of service
per year, or an agency created by two or more political
subdivisions to provide themselves governmental services, which
employs one or more employees, each of whose position requires
600 hours of service per year, may, through its governing body,
notify the board in writing, that it elects to include its
employees in the system hereby established. Such public employer
may request the board to make a study and estimate of the cost of
including it and its eligible employees, other than volunteer
firefighters, in the system, which the board thereupon shall
cause to be made and the cost of which the employer shall bear.
Upon completion of the study and estimate the employer may apply
for admission to the system, whereupon it shall begin to
participate therein and its eligible employees other than
volunteer firefighters shall become members of the system. If the
employer is an agency created by two or more political
subdivisions to provide themselves governmental services and
ceases thereafter to transmit to the board current service
contributions for any of its eligible employees, the benefits
based upon employer current service contributions to which such
employees would otherwise be entitled shall be reduced
accordingly.
' (4) Except as subsection (7) of this section provides
otherwise with reference to volunteer firefighters, no employee
whose position with one public employer or concurrent positions
with two or more public employers normally require less than 600
hours of service per year may become a member of the system.
' (5) No inmate of a state institution or an alien on a
training or educational visa working for any participating
employer, even though the inmate or alien received compensation
from a participating employer, shall be eligible to become a
member of the system. No person employed by a participating
employer and defined by such employer as a student employee is
eligible to become a member of the system for such student
employment.
' (6) A person holding an elective office or an appointive
office with a fixed term or an office as head of a department to
which the person is appointed by the Governor may become a member
of the system by giving the board written notice of desire to do
so within 30 days after taking the office or, in the event that
the officer is not eligible to become a member of the system at
the time of taking the office, within 30 days after becoming so
eligible. Membership so established shall not be discontinued
during the appointive or elective term of the officer except upon
separation of the officer from service.
' (7) A public employer employing volunteer firefighters may
apply to the board at any time for them to become members of the
system. Upon receiving the application the board shall fix a wage
at which, for purposes of this chapter only, they shall be
considered to be employed and which shall be the basis for
computing the amounts of the contributions which they pay into,
and of the benefits which they and their beneficiaries receive
from, the fund; and if the wage so fixed is satisfactory to the
employer, shall include the firefighters in the system.
' (8)(a) In the event that an employee enters the service of a
public employer which is participating in or later begins to
participate in the system and in the event that at the time of
entering that service or at the time that the employer begins to
participate in the system the employee has commenced to purchase
and is continuing to purchase a retirement annuity, if the
employer deems the annuity adequate for the purposes of this
chapter it may enter into an agreement with the employee and the
board pursuant to which the employee may be exempted from
contributing to the Public Employees Retirement Fund, and, if no
public funds are being used to purchase the annuity or a
corresponding pension, the employer, in lieu of the contributions
which it otherwise would make to the fund on account of the
employee, may make contributions toward the cost of purchasing
the annuity. Such employee otherwise shall be subject to the
provisions of this chapter, except that neither the employee nor
any person claiming under the employee shall receive any payments
from the retirement fund as service or disability allowance.
' (b) An employee who enters into an agreement under paragraph
(a) of this subsection may elect at any time thereafter to start
to participate in the system by giving written notice of desire
to participate to the board and to the employer. The employee
shall receive no retirement credit for the period during which
the employee was exempted from contributing to the fund under the
agreement, but the employee shall be considered to have completed
the six months' service required for membership in the system.
When the employee starts to participate in the system the
employer shall start to contribute to the fund on the account of
the employee in the same manner as the employer contributes on
the account of other employees who are active members of the
system and the employer shall stop making contributions toward
the cost of purchasing the retirement annuity.
' (9)(a) All new appointees in the Federal Cooperative
Extension Service or in any other service in which participation
in the Federal Civil Service retirement program is mandatory, who
receive a federal appointment on or after July 1, 1955, may
participate in the Public Employees Retirement System only by
giving written notice of their election to so participate to the
Public Employees Retirement Board within six months after the
effective date of their appointment.
' (b) All persons employed by the Federal Cooperative Extension
Service or by any other service in which participation in the
Federal Civil Service retirement program is mandatory, who are
under federal appointment as of July 1, 1955, and who are members
of the state retirement system, shall continue such membership
unless, prior to February 1, 1956, they give written notice to
the Public Employees Retirement Board of their desire to cancel
their membership.
' (c) Any person who is an active member of the Public
Employees Retirement System, who, on or after July 1, 1955, is
employed by the Federal Cooperative Extension Service or by any
other service in which participation in the Federal Civil Service
retirement program is mandatory, and who is given a federal
appointment, shall continue such membership in the Public
Employees Retirement System unless, within six months after the
effective date of the appointment, the person gives written
notice to the Public Employees Retirement Board of the desire to
cancel membership.
' (d) A cancellation of membership under paragraph (b) or (c)
of this subsection terminates membership in the Public Employees
Retirement System and cancels the right to any benefits from, or
claims against, that system. Such cancellation prevents the
withdrawing member from claiming thereafter any retirement credit
for any period of employment before the cancellation. Upon
receipt of a notice of cancellation, the Public Employees
Retirement Board shall refund to the withdrawing member,
regardless of age, the account balance of the employee in the
retirement fund.
' (10) { - Managers and other - } Employees { + , including
managers, + } of foreign trade offices of the Economic and
Community Development Department who live and perform services in
foreign countries under the provisions of ORS 285A.090 (13) shall
not be members of the system. However, any person who is an
active member of the system immediately before becoming { - a
manager or - } { + an + } employee of a foreign trade office
shall continue to be a member of the system during the period of
time the person serves as { - a manager or - } { + an + }
employee of the foreign trade office.
' (11) An employee who is an employee of the Oregon Health
Sciences University may not be an active member of the Public
Employees Retirement System if that employee is participating in
an alternative retirement program established by the university
pursuant to ORS 353.250.
' { + SECTION 42. + } ORS 240.205 is amended to read:
' 240.205. The unclassified service shall comprise:
' (1) One executive officer and one secretary for each board or
commission, the members of which are elected officers or are
appointed by the Governor.
' (2) The director of each department of state government, each
full-time salaried head of a state agency required by law to be
appointed by the Governor and each full-time salaried member of a
board or commission required by law to be appointed by the
Governor.
' (3) The administrator of each division within a department of
state government required by law to be appointed by the director
of the department with the approval of the Governor.
' (4) Principal assistants and deputies and one private
secretary for each executive or administrative officer specified
in ORS 240.200 (1) and in subsections (1) to (3) of this section.
' Deputy' means the deputy or deputies to an executive or
administrative officer listed in subsections (1) to (3) of this
section who is authorized to exercise that officer's authority
upon absence of the officer. 'Principal assistant' means a
manager of a major agency organizational component who reports
directly to an executive or administrative officer listed in
subsections (1) to (3) of this section or deputy and who is
designated as such by that executive or administrative officer
with the approval of the Director of the Oregon Department of
Administrative Services.
' (5) Employees in the Governor's office and the principal
assistant and private secretary in the Secretary of State's
division.
' (6) The deans, professors, principals, instructors and
teachers in facilities operated under ORS 346.010.
' (7) Apprentice trainees only during the prescribed length of
their course of training.
' (8) Licensed physicians and dentists employed in their
professional capacities and student nurses, interns, and patient
or inmate help in state institutions.
' (9) Lawyers employed in their professional capacities.
' (10) All members of the Oregon State Police appointed under
ORS 181.250 and 181.265.
' (11) Deputy superintendents and associate superintendents in
the Department of Education.
' (12) Temporary seasonal farm laborers engaged in single
phases of agricultural production or harvesting.
' (13) Any individual employed and paid from federal funds
received under the Emergency Job and Unemployment Assistance Act
of 1974 (United States Public Law 93-567) or any other federal
program intended primarily to alleviate unemployment. However,
persons employed under this subsection shall be treated as
classified employees for purposes of ORS 243.650 to 243.782.
' (14) Managers, department heads, directors, producers and
announcers of the state radio and television network.
' (15) { - Managers and other - } Employees { + , including
managers, + } of the foreign trade offices of the Economic and
Community Development Department located outside the country.
' (16) Any other position designated by law as unclassified.
' { + SECTION 43. + } { + The amendments to ORS 285B.410 by
section 27 of this 2001 Act apply to an application for
infrastructure assistance made on or after July 1, 2001. + }
' { + SECTION 44. + } { + This 2001 Act takes effect on the
91st day after the date on which the regular session of the
Seventy-first Legislative Assembly adjourns sine die. + } ' .
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