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 4127
A-Engrossed
Senate Bill 958
Ordered by the Senate May 29
Including Senate Amendments dated May 29
Sponsored by JOINT COMMITTEE ON WAYS AND MEANS
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.
Provides that certain funds generated from dispute resolution
filing fee surcharge be transferred or retained in Dispute
Resolution Account in lieu of deposit in Oregon Department of
Administrative Services Operating Fund. Requires that Dispute
Resolution Commission use such funds to provide dispute
resolution services for state agencies.
{ + Limits biennial expenditures from fees, moneys or other
revenues, including Miscellaneous Receipts, excluding lottery
funds and federal funds, collected or received by Dispute
Resolution Commission. + }
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to dispute resolution; creating new provisions; amending
ORS 36.155 and 183.502; limiting expenditures; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 36.155 is amended to read:
36.155. (1) Funds in the Dispute Resolution Account
attributable to 30 percent of the amounts generated by the filing
fee surcharges imposed under ORS 36.170 may be used by the
Dispute Resolution Commission only for the purpose of carrying
out the provisions of ORS 36.100 to 36.245. Funds in the Dispute
Resolution Account attributable to 20 percent of the amounts
generated by the filing fee surcharges imposed under ORS 36.170
{ - shall be deposited by the Dispute Resolution Commission in
the State Treasury to the credit of the Oregon Department of
Administrative Services Operating Fund, and may be used only as
provided in ORS 183.502 - } { + may be used by the Dispute
Resolution Commission only for the purpose of carrying out the
provisions of ORS 183.502 (5) to (7) + }. Funds in the Dispute
Resolution Account attributable to 50 percent of the amounts
generated by the filing fee surcharges imposed under ORS 36.170
shall be allocated as provided in subsection (2) of this section.
(2) Funds in the Dispute Resolution Account that are
attributable to 50 percent of the amounts generated by the filing
fee surcharges imposed under ORS 36.170 shall be awarded by the
commission for the purpose of providing dispute resolution
services in the county from which the funds originated. On or
before July 1 of each odd-numbered year, the commission shall
advise each county of the county's share of the amount
appropriated for the purposes of this subsection. The
determination shall be based upon each county's respective share
of moneys contributed under ORS 36.170. Before allocating these
funds in a county, the county must apply for authority or the
commission must proceed under ORS 36.160. If a dispute resolution
program is not selected for funding under ORS 36.160 within three
fiscal years after the fiscal year in which the filing fee
surcharge was collected, then the funds from that fiscal year may
be spent by the commission for dispute resolution services as if
the funds were moneys governed by subsection (3) of this section.
(3) Moneys received by the commission from any sources other
than the filing fee surcharges imposed by ORS 36.170 shall be
used as follows:
(a) For overhead and administrative expenses of the commission.
(b) For statewide dispute resolution programs or dispute
resolution services in any county in this state including but not
limited to providing special grants for pilot projects, start-up
costs for dispute resolution programs and training programs and
to supplement funds otherwise received by dispute resolution
programs.
SECTION 2. ORS 183.502 is amended to read:
183.502. (1) Unless otherwise prohibited by law, agencies may
use alternative means of dispute resolution in rulemaking
proceedings, contested case proceedings, judicial proceedings in
which the agency is a party, and any other decision-making
process in which conflicts may arise. The alternative means of
dispute resolution may be arbitration, mediation or any other
collaborative problem-solving process designed to encourage
parties to work together to develop mutually agreeable solutions
to disputes. Use of alternative means of dispute resolution by an
agency does not affect the application of ORS 192.410 to 192.505
to the agency, or the application of ORS 192.610 to 192.690 to
the agency.
(2) An agency that elects to utilize alternative means of
dispute resolution shall inform and may consult with the Dispute
Resolution Commission, the Department of Justice and the Oregon
Department of Administrative Services in developing a policy or
program for implementation of alternative means of dispute
resolution.
(3) The Attorney General, in consultation with the Dispute
Resolution Commission and the Oregon Department of Administrative
Services, may develop for agencies model rules for the
implementation of alternative means of dispute resolution. An
agency may adopt all or part of the model rules by reference
without complying with the rulemaking procedures of ORS 183.325
to 183.410. Notice of the adoption of all or part of the model
rules must be filed by the agency with the Secretary of State in
the manner provided by ORS 183.355 for the filing of rules.
(4) When an agency reviews the standard agreements, forms for
contracts and forms for applying for grants or other assistance
used by the agency, the agency shall determine whether the
agreements and forms should be amended to authorize and encourage
the use of alternative means of dispute resolution in disputes
that arise under the agreement, contract or application.
(5) The Department of Justice, the Dispute Resolution
Commission, the Oregon Department of Administrative Services and
the Governor shall collaborate to increase the use of alternative
dispute resolution to resolve disputes involving the State of
Oregon by:
(a) Assisting agencies to develop a policy for alternative
means of dispute resolution;
(b) Assisting agencies to develop or expand flexible and
diverse agency programs that provide alternative means of dispute
resolution;
(c) Identifying, advising and assisting groups of agencies to
cooperate in developing alternative means of dispute resolution;
(d) Designating an agency within each group of agencies
identified in paragraph (c) of this subsection to coordinate
alternative means of dispute resolution among those agencies;
(e) Encouraging the coordination and integration of activities
and programs among state and local governments and the public to
ensure efficiency of alternative means of dispute resolution; and
(f) Developing a method to evaluate the effectiveness of
agencies' alternative dispute resolution programs.
(6) The participating and coordinating agencies shall seek to
identify cases appropriate for mediation and other means of
alternative dispute resolution and to design systems and
procedures to resolve those cases.
(7) The purpose of the agency alternative dispute resolution
programs is to:
(a) Increase agency efficiency;
(b) Increase public and agency satisfaction with the process
and results of dispute resolution; and
(c) Decrease the cost of resolving disputes.
{ - (8) All funds in the Oregon Department of Administrative
Services Operating Fund received from the Dispute Resolution
Commission under the provisions of ORS 36.155 may be used by the
Oregon Department of Administrative Services only to fund
implementation of alternative dispute resolution by agencies
under subsections (5) to (7) of this section. - }
{ - (9) - } { + (8) + } The Department of Justice, the
Dispute Resolution Commission and the Oregon Department of
Administrative Services shall jointly report to the Legislative
Assembly on or before January 15 of each odd-numbered year
regarding any additional programs implemented under subsection
(5) of this section.
SECTION 3. { + (1) The amendments to ORS 36.155 by section 1
of this 2001 Act apply to all funds in the Dispute Resolution
Account on the effective date of this 2001 Act and to all funds
deposited in the Dispute Resolution Account on or after the
effective date of this 2001 Act.
(2) All funds in the Oregon Department of Administrative
Services Operating Fund on the effective date of this 2001 Act
that were deposited in the fund under the provisions of ORS
36.155 (1) (1999 Edition) shall be transferred to the Dispute
Resolution Account as soon as practicable after the effective
date of this 2001 Act. The funds transferred under this
subsection may be used by the Dispute Resolution Commission only
for the purpose of carrying out the provisions of ORS 183.502 (5)
to (7). + }
SECTION 4. { + Notwithstanding any other law, the amount of
$422,000 is established for the biennium beginning July 1, 2001,
as the maximum limit for payment of expenses for carrying out the
provisions of ORS 183.502 (5) to (7) from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, collected or received by the Dispute
Resolution Commission. + }
SECTION 5. { + 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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