Chapter 749 Oregon Laws 2003

AN ACT

HB 3120

Relating to agencies; creating new provisions; amending ORS 183.025, 183.335, 183.390, 183.540, 236.145, 527.765, 527.770, 670.280 and 674.140 and section 15, chapter 604, Oregon Laws 2003 (Enrolled Senate Bill 854); repealing ORS 183.545 and 183.550; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) As soon as possible after the effective date of this 2003 Act, the Director of the Department of Consumer and Business Services shall appoint a 10-member advisory committee. The advisory committee shall include, but not be limited to, representatives of businesses regulated by state agencies and representatives of others who are interested in state agency regulations affecting business activities. The director or the director’s designee shall chair the advisory committee but shall have no vote. The Office of Regulatory Streamlining established within the Department of Consumer and Business Services by Executive Order 03-01 shall provide staff support to the advisory committee.

(2) The duties of the advisory committee are as follows:

(a) Developing recommended criteria for agency rule streamlining;

(b) Reviewing and advising agencies on coordination, streamlining and permit simplification when the same or similar subject areas are addressed in different agency rules;

(c) Proposing agency rule subject areas for committee review;

(d) Consulting with agencies, at their request, on revising existing rules; and

(e) Reviewing rules and permits in specific subject areas and making recommendations to agencies in accordance with streamlining criteria developed by the advisory committee.

(3) The advisory committee shall review agency compliance with ORS 183.332, 183.335 and 183.540 and section 4 of this 2003 Act and shall develop recommendations for changes to those statutes as it deems necessary.

(4) The advisory committee appointed under this section shall present the determinations and recommendations made by the advisory committee under this section to the Governor and the Seventy-third Legislative Assembly in the manner provided by ORS 192.245.

SECTION 2. After commencement of a rulemaking proceeding under ORS 183.335, any interested party may provide information on the proposed rule to the Office of Regulatory Streamlining established within the Department of Consumer and Business Services by Executive Order 03-01. The Office of Regulatory Streamlining may provide the information to the advisory committee established under section 1 of this 2003 Act, and may consider the information in carrying out the functions of the office. The office is not required to respond to the information or take any action with respect to the information.

SECTION 3. Section 4 of this 2003 Act is added to and made a part of ORS 183.325 to 183.400.

SECTION 4. (1) The Legislative Assembly finds and declares that it is the policy of this state that whenever possible the public be involved in the development of public policy by agencies and in the drafting of rules. The Legislative Assembly encourages agencies to seek public input to the maximum extent possible before giving notice of intent to adopt a rule. The agency may appoint an advisory committee that will represent the interests of persons likely to be affected by the rule, or use any other means of obtaining public views that will assist the agency in drafting the rule.

(2) Any agency in its discretion may develop a list of interested parties and inform those parties of any issue that may be the subject of rulemaking and invite the parties to make comments on the issue.

SECTION 5. ORS 183.335 is amended to read:

183.335. (1) Prior to the adoption, amendment or repeal of any rule, the agency shall give notice of its intended action:

(a) In the manner established by rule adopted by the agency under ORS 183.341 (4), which provides a reasonable opportunity for interested persons to be notified of the agency’s proposed action;

(b) In the bulletin referred to in ORS 183.360 at least 21 days prior to the effective date;

(c) At least 28 days before the effective date, to persons who have requested notice pursuant to subsection (8) of this section; and

(d) At least 49 days before the effective date, to the persons specified in subsection (15) of this section.

(2)(a) The notice required by subsection (1) of this section shall state the subject matter and purpose of the intended action in sufficient detail to inform a person that the person’s interests may be affected, and the time, place and manner in which interested persons may present their views on the intended action.

(b) The agency shall include with the notice of intended action given under subsection (1) of this section:

(A) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule;

(B) A citation of the statute or other law the rule is intended to implement;

(D) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the agency in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection. The list may be abbreviated if necessary, and if so abbreviated there shall be identified the location of a complete list;

(E) A statement of fiscal impact identifying state agencies, units of local government and the public which may be economically affected by the adoption, amendment or repeal of the rule and an estimate of that economic impact on state agencies, units of local government and the public. In considering the economic effect of the proposed action on the public, the agency shall utilize available information to project any significant economic effect of that action on businesses which shall include a cost of compliance effect on small businesses affected. For an agency specified in ORS 183.530, the statement of fiscal impact shall also include a housing cost impact statement as described in ORS 183.534; [and]

(F) If an advisory committee is not appointed under the provisions of [ORS 183.025 (2)] section 4 of this 2003 Act, an explanation as to why no advisory committee was used to assist the agency in drafting the rule; and

(G) A request for public comment on whether other options should be considered for achieving the rule’s substantive goals while reducing the negative economic impact of the rule on business.

(c) The Secretary of State may omit the information submitted under paragraph (b) of this subsection from publication in the bulletin referred to in ORS 183.360.

(d) When providing notice of an intended action under the provisions of subsection (1)(c) of this section, the agency shall provide a copy of the rule that the agency proposes to adopt, amend or repeal, or an explanation of how the person may acquire a copy of the rule. The copy of an amended rule shall show all changes to the rule by bracketing material to be deleted and showing all new material in boldfaced type.

(3)(a) When an agency proposes to adopt, amend or repeal a rule, it shall give interested persons reasonable opportunity to submit data or views. Opportunity for oral hearing shall be granted upon request received from 10 persons or from an association having not less than 10 members before the earliest date that the rule could become effective after the giving of notice pursuant to subsection (1) of this section. An agency holding a hearing upon a request made under this subsection shall give notice of the hearing at least 21 days before the hearing to the person who has requested the hearing, to persons who have requested notice pursuant to subsection (8) of this section and to the persons specified in subsection (15) of this section. The agency shall publish notice of the hearing in the bulletin referred to in ORS 183.360 at least 14 days before the hearing. The agency shall consider fully any written or oral submission.

(b) If an agency is required to conduct an oral hearing under paragraph (a) of this subsection, and the rule for which the hearing is to be conducted applies only to a limited geographical area within this state, or affects only a limited geographical area within this state, the hearing shall be conducted within the geographical area at the place most convenient for the majority of the residents within the geographical area. At least 14 days before a hearing conducted under this paragraph, the agency shall publish notice of the hearing in the bulletin referred to in ORS 183.360 and in a newspaper of general circulation published within the geographical area that is affected by the rule or to which the rule applies. If a newspaper of general circulation is not published within the geographical area that is affected by the rule or to which the rule applies, the publication shall be made in the newspaper of general circulation published closest to the geographical area.

(c) Notwithstanding paragraph (a) of this subsection, the Department of Corrections and the State Board of Parole and Post-Prison Supervision may adopt rules limiting participation by inmates in the proposed adoption, amendment or repeal of any rule to written submissions.

(d) An agency that receives data or views concerning proposed rules from interested persons shall maintain a record of the data or views submitted. The record shall contain:

(A) All written materials submitted to an agency in response to a notice of intent to adopt, amend or repeal a rule.

(B) A recording or summary of oral submissions received at hearings held for the purpose of receiving those submissions.

(4) Upon request of an interested person received before the earliest date that the rule could become effective after the giving of notice pursuant to subsection (1) of this section, the agency shall postpone the date of its intended action no less than 21 nor more than 90 days in order to allow the requesting person an opportunity to submit data, views or arguments concerning the proposed action. Nothing in this subsection shall preclude an agency from adopting a temporary rule pursuant to subsection (5) of this section.

(5) Notwithstanding subsections (1) to (4) of this section, an agency may adopt, amend or suspend a rule without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, if the agency prepares:

(a) A statement of its findings that its failure to act promptly will result in serious prejudice to the public interest or the interest of the parties concerned and the specific reasons for its findings of prejudice;

(b) A citation of the statutory or other legal authority relied upon and bearing upon the promulgation of the rule;

(d) A list of the principal documents, reports or studies, if any, prepared by or relied upon by the agency in considering the need for and in preparing the rule, and a statement of the location at which those documents are available for public inspection; and

(e) For an agency specified in ORS 183.530, a housing cost impact statement as defined in ORS 183.534.

(6)(a) A rule adopted, amended or suspended under subsection (5) of this section is temporary and may be effective for a period of not longer than 180 days. The adoption of a rule under this subsection does not preclude the subsequent adoption of an identical rule under subsections (1) to (4) of this section.

(b) A rule temporarily suspended shall regain effectiveness upon expiration of the temporary period of suspension unless the rule is repealed under subsections (1) to (4) of this section.

(7) Notwithstanding subsections (1) to (4) of this section, an agency may amend a rule without prior notice or hearing if the amendment is solely for the purpose of:

(a) Changing the name of an agency by reason of a name change prescribed by law;

(b) Correcting spelling;

(d) Correcting statutory references.

(8) Any person may request in writing that an agency mail to the person copies of its notices of intended action given pursuant to subsection (1) of this section. Upon receipt of any request the agency shall acknowledge the request, establish a mailing list and maintain a record of all mailings made pursuant to the request. Agencies may establish procedures for establishing and maintaining the mailing lists current and, by rule, establish fees necessary to defray the costs of mailings and maintenance of the lists.

(9) This section does not apply to rules establishing an effective date for a previously effective rule or establishing a period during which a provision of a previously effective rule will apply.

(10) This section does not apply to ORS 279.025 to 279.031 and 279.310 to 279.990 relating to public contracts and purchasing.

(11)(a) No rule is valid unless adopted in substantial compliance with the provisions of this section in effect on the date the rule is adopted.

(b) In addition to all other requirements with which rule adoptions must comply, no rule adopted after October 3, 1979, is valid unless submitted to the Legislative Counsel under ORS 183.715.

(12) Notwithstanding the provisions of subsection (11) of this section, an agency may correct its failure to substantially comply with the requirements of subsections (2) and (5) of this section in adoption of a rule by an amended filing, so long as the noncompliance did not substantially prejudice the interests of persons to be affected by the rule. However, this subsection does not authorize correction of a failure to comply with subsection (2)(b)(E) of this section requiring inclusion of a fiscal impact statement with the notice required by subsection (1) of this section.

(13) Unless otherwise provided by statute, the adoption, amendment or repeal of a rule by an agency need not be based upon or supported by an evidentiary record.

(14) When an agency has established a deadline for comment on a proposed rule under the provisions of subsection (3)(a) of this section, the agency may not extend that deadline for another agency or person unless the extension applies equally to all interested agencies and persons. An agency shall not consider any submission made by another agency after the final deadline has passed.

(15) The notices required under subsections (1) and (3) of this section must be given by the agency to the following persons:

(a) If the proposed adoption, amendment or repeal results from legislation that was passed within two years before notice is given under subsection (1) of this section, notice shall be given to the legislator who introduced the bill that subsequently was enacted into law, and to the chair or cochairs of all committees that reported the bill out, except for those committees whose sole action on the bill was referral to another committee.

(b) If the proposed adoption, amendment or repeal does not result from legislation that was passed within two years before notice is given under subsection (1) of this section, notice shall be given to the chair or cochairs of any interim or session committee with authority over the subject matter of the rule.

(c) If notice cannot be given under paragraph (a) or (b) of this subsection, notice shall be given to the Speaker of the House of Representatives and to the President of the Senate who are in office on the date the notice is given.

(16)(a) Upon the request of a member of the Legislative Assembly or of a person who would be affected by a proposed adoption, amendment or repeal, the committees receiving notice under subsection (15) of this section shall review the proposed adoption, amendment or repeal for compliance with the legislation from which the proposed adoption, amendment or repeal results.

(b) The committees shall submit their comments on the proposed adoption, amendment or repeal to the agency proposing the adoption, amendment or repeal.

SECTION 6. ORS 183.390 is amended to read:

183.390. (1) An interested person may petition an agency requesting the promulgation, amendment or repeal of a rule. The Attorney General shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. Not later than [30] 90 days after the date of submission of a petition, the agency either shall deny the petition in writing or shall initiate rulemaking proceedings in accordance with ORS 183.335.

(2) If a petition requesting the amendment or repeal of a rule is submitted to an agency under this section, the agency shall invite public comment upon the rule, and shall specifically request public comment on whether options exist for achieving the rule’s substantive goals in a way that reduces the negative economic impact on businesses.

(3) In reviewing a petition subject to subsection (2) of this section, the agency shall consider:

(a) The continued need for the rule;

(b) The nature of complaints or comments received concerning the rule from the public;

(c) The complexity of the rule;

(d) The extent to which the rule overlaps, duplicates or conflicts with other state rules or federal regulations and, to the extent feasible, with local government regulations;

(e) The degree to which technology, economic conditions or other factors have changed in the subject area affected by the rule; and

(f) The statutory citation or legal basis for the rule.

SECTION 7. ORS 183.540 is amended to read:

183.540. [When] If the economic effect analysis shows that the rule has a significant adverse effect upon small business [and], to the extent consistent with the public health and safety purpose of the rule, the agency shall reduce the economic impact of the rule on small business by:

(1) Establishing differing compliance or reporting requirements or time tables for small business;

(2) Clarifying, consolidating or simplifying the compliance and reporting requirements under the rule for small business;

(3) Utilizing objective criteria for standards; [or]

(4) Exempting small businesses from any or all requirements of the rule; or

(5) Otherwise establishing less intrusive or less costly alternatives applicable to small business.

SECTION 8. ORS 183.025 is amended to read:

183.025. (1) Every state agency shall prepare its public writings in language that is as clear and simple as possible.

[(2) The Legislative Assembly finds and declares that it is the policy of this state that whenever possible the public be involved in the development of public policy by agencies and the drafting of rules. The Legislative Assembly encourages agencies to seek public input to the maximum extent possible before giving notice of intent to adopt, amend or repeal a rule. The agency may appoint an advisory committee that will represent the interests of persons likely to be affected by the rule, or use any other means of obtaining public views that will assist the agency in drafting the rule.]

[(3)] (2) As used in this section:

(a) “Public writing” means any rule, form, license or notice prepared by a state agency.

(b) “State agency” means any officer, board, commission, department, division or institution in the executive or administrative branch of state government.

SECTION 9. ORS 236.145 is amended to read:

236.145. [No] A person who has been appointed by the Governor to serve on a state board or commission [shall accept a salaried position with such body during the tenure of the person on, or within one year after resignation or retirement from, such board or commission] may not be employed by the board or commission in a salaried position:

(1) While the person is serving on the board or commission; or

(2) Within one year after the person’s normal term on the board or commission expires, without regard to whether the person continues to serve on the board or commission after expiration of the person’s term.

SECTION 10. (1) Notwithstanding any provision of law governing the confidentiality or disclosure of information, a state agency may enter into an intergovernmental agreement with another state agency to disclose to the other state agency a business name, address, telephone number or state-generated common identification number or the nature of a business or type of entity conducting the business, for the purposes of registering businesses or updating business registration records.

(2) Notwithstanding any provision of law governing the confidentiality or disclosure of information, a state agency receiving information described in subsection (1) of this section from another state agency pursuant to an interagency agreement with the other state agency may use the information to maintain and update its records, including posting the information on databases that are accessible by the public, provided the original source of the information is not publicly disclosed.

(3) As used in this section, “state agency” means the Employment Department, the Department of Consumer and Business Services, the Department of Justice, the Economic and Community Development Department, the Department of Revenue and the Corporation Division of the Office of the Secretary of State.

SECTION 11. ORS 527.765 is amended to read:

527.765. (1) The State Board of Forestry shall establish best management practices and other rules applying to forest practices as necessary to insure that to the maximum extent practicable nonpoint source discharges of pollutants resulting from forest operations on forestlands do not impair the achievement and maintenance of water quality standards established by the Environmental Quality Commission for the waters of the state. Such best management practices shall consist of forest practices rules adopted to prevent or reduce pollution of waters of the state. Factors to be considered by the board in establishing best management practices shall include, where applicable, but not be limited to:

(a) Beneficial uses of waters potentially impacted;

(b) The effects of past forest practices on beneficial uses of water;

(d) Technical, economic and institutional feasibility; and

(e) Natural variations in geomorphology and hydrology.

(2) The board shall consult with the Environmental Quality Commission in adoption and review of best management practices and other rules to address nonpoint source discharges of pollutants resulting from forest operations on forestlands.

(3)(a) Notwithstanding ORS 183.310 (7), upon written petition for rulemaking under ORS 183.390 of any interested person or agency, the board shall review the best management practices adopted pursuant to this section. In addition to all other requirements of law, the petition must allege with reasonable specificity that nonpoint source discharges of pollutants resulting from forest operations being conducted in accordance with the best management practices are a significant contributor to violations of such standards.

[(b) Notwithstanding the time limitations of ORS 183.390, the board shall complete its review of a petition and either dismiss the petition in accordance with paragraph (c) of this subsection or commence rulemaking in accordance with paragraph (f) of this subsection within 90 days of the date the petition for review was filed.]

[(c)] (b) Except as provided in paragraph [(d)] (c) of this subsection, if the board determines that forest operations being conducted in accordance with the best management practices are neither significantly responsible for particular water quality standards not being met nor are a significant contributor to violations of such standards, the board shall issue an order dismissing the petition.

[(d)] (c) If the petition for review of best management practices is made by the Environmental Quality Commission, the board shall not terminate the review without the concurrence of the commission, unless the board commences rulemaking in accordance with paragraph [(f)] (e) of this subsection.

[(e)] (d) If a petition for review is dismissed, upon conclusion of the review, the board shall issue an order that includes findings regarding specific allegations in the petition and shall state the board’s reasons for any conclusions to the contrary.

[(f)] (e) If, pursuant to review, the board determines that best management practices should be reviewed, the board shall commence rulemaking proceedings for that purpose. Rules specifying the revised best management practices must be adopted not later than two years from the filing date of the petition for review unless the board, with concurrence of the Environmental Quality Commission, finds that special circumstances require additional time.

[(g)] (f) Notwithstanding the time limitation established in paragraph [(f)] (e) of this subsection, at the request of the Environmental Quality Commission, the board shall take action as quickly as practicable to prevent significant damage to beneficial uses identified by the commission while the board is revising its best management practices and rules as provided for in this section.

[(h) The board shall include in its triennial review of administrative rules in accordance with ORS 183.545 an analysis of the effectiveness of the best management practices and other rules applying to forest practices adopted to maintain water quality standards established by the Environmental Quality Commission.]

SECTION 12. ORS 527.770 is amended to read:

527.770. A forest operator conducting, or in good faith proposing to conduct, operations in accordance with best management practices currently in effect shall not be considered in violation of any water quality standards. When the State Board of Forestry adopts new best management practices and other rules applying to forest operations, such rules shall apply to all current or proposed forest operations upon their effective dates. However, nothing in this section prevents enforcement of water quality standards against a forest operator conducting operations after the time provided in ORS 527.765 [(3)(f)] (3)(e) for adoption of revised best management practices if the board either has not adopted revised management practices or has not made a finding that such revised best management practices are not required.

SECTION 13. ORS 670.280 is amended to read:

670.280. (1) As used in this section:

(a) “License” includes a registration, certification or permit.

(b) “Licensee” includes a registrant or a holder of a certification or permit.

(2) Except as provided in ORS 342.143 or 342.175, [no] a licensing board, commission or agency [shall] may not deny, suspend or revoke an occupational or professional license [or certification] solely for the reason that the applicant or licensee has been convicted of a crime, but it may consider the relationship of the facts which support the conviction and all intervening circumstances to the specific occupational or professional standards in determining the fitness of the person to receive or hold [such] the license [or certificate].

(3) A licensing board, commission or agency may deny an occupational or professional license or impose discipline on a licensee based on conduct that is not undertaken directly in the course of the licensed activity, but that is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required. In determining whether the conduct is substantially related to the fitness and ability of the applicant or licensee to engage in the activity for which the license is required, the licensing board, commission or agency shall consider the relationship of the facts with respect to the conduct and all intervening circumstances to the specific occupational or professional standards.

SECTION 14. ORS 674.140 is amended to read:

674.140. The Appraiser Certification and Licensure Board may suspend or revoke the certificate or license of any state certified or state licensed appraiser, reprimand any state certified or state licensed appraiser, require additional education of any state certified or state licensed appraiser or deny the issuance or renewal of a certificate or license to an applicant who has done any of the following:

(1) Knowingly or negligently pursued a continued course of material misrepresentation in matters related to real estate appraisal activity, whether or not damage or injury resulted, or knowingly or negligently made any material misrepresentation or false promise in a matter related to real estate appraisal activity, if the material misrepresentation or material false promise created a reasonable probability of damage or injury, whether or not damage or injury actually resulted.

(2) Disregarded or violated any provisions of ORS 674.130, 674.150, 674.310 and 674.330, any rule adopted thereunder or the federal Act.

(3) Knowingly or negligently made, printed, distributed or in any manner published materially misleading or untruthful advertising, descriptions or promises, of such character as reasonably to induce any person to act to the damage or injury of the person, whether or not actual damage or injury resulted.

(4) Guaranteed, authorized or permitted any person to guarantee future profits that may result in the resale of real property.

(5) Failed for any reason to pay to the board the annual registry fee provided for under ORS 674.330 (1) or the fees provided for under ORS 674.330 (2).

(6) Failed or refused upon demand by the board to produce or to supply for inspection by the board true copies of any document, book or record in the individual’s possession or control or concerning any real estate appraisal activity transacted by the individual.

(7) Failed to maintain at all times any records which the individual is required to maintain under ORS 674.150.

(8) Accepted employment or compensation for performing or agreeing to perform a real estate appraisal activity contingent upon the reporting of a predetermined value or performed real estate appraisal activity on real estate in which the individual had an undisclosed interest.

(9) Entered a plea of nolo contendere or been found guilty of, or been convicted of, a felony or misdemeanor substantially related to the individual’s trustworthiness or competence to engage in real estate appraisal activity.

(10) Knowingly authorized, directed or aided in the publication, advertisement, distribution or circulation of any material false statement or misrepresentation concerning the individual’s business.

(11) Demonstrated negligence or incompetence in performing any act for which the individual is required to hold a certificate or license.

(12) Knowingly permitted any individual whose certificate or license has been suspended or revoked to engage in real estate appraisal activity with or on behalf of a state certified appraiser or state licensed appraiser.

(13) Committed any act or conduct, whether of the same or of a different character specified in this section and whether or not in the course of real estate appraisal activity, that:

(a) Constitutes or demonstrates bad faith, incompetency or untrustworthiness, or dishonest, fraudulent or improper dealings; and

(b) Is substantially related to the fitness of the applicant or holder of a certificate or license to conduct real estate appraisal activity.

SECTION 15. The amendments to ORS 670.280 and 674.140 by sections 13 and 14 of this 2003 Act apply to conduct that occurs on or after the effective date of this 2003 Act.

SECTION 16. Sections 1 and 2 of this 2003 Act are repealed on December 31, 2004.

SECTION 17. ORS 183.545 and 183.550 are repealed.

SECTION 18. Section 15, chapter 604, Oregon Laws 2003 (Enrolled Senate Bill 854), is amended to read:

Sec. 15. The following commodity commissions are established as state commissions:

(1) The Oregon Dairy Products Commission.

(2) The Oregon [Filbert] Hazelnut Commission.

(3) The Oregon Dungeness Crab Commission.

(4) The Oregon Salmon Commission.

(5) The Oregon Albacore Commission.

(6) The Oregon Grains Commission.

(7) The Oregon Sheep Commission.

(8) The Oregon Potato Commission.

(9) The Oregon Alfalfa Seed Commission.

(10) The Oregon Bartlett Pear Commission.

(11) The Oregon Blueberry Commission.

(12) The Oregon Clover Seed Commission.

(13) The Oregon Fine Fescue Commission.

(14) The Oregon Fryer Commission.

(15) The Oregon Highland Bentgrass Commission.

(16) The Oregon Hop Commission.

(17) The Oregon Mint Commission.

(18) The Oregon Orchardgrass Seed Producers Commission.

(19) The Oregon Processed Vegetable Commission.

(20) The Oregon Raspberry and Blackberry Commission.

(21) The Oregon Ryegrass Growers Seed Commission.

(22) The Oregon Strawberry Commission.

(23) The Oregon Sweet Cherry Commission.

(24) The Oregon Tall Fescue Commission.

(25) The Oregon Trawl Commission.

(26) The Western Oregon Onion Commission.

SECTION 19. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor September 2, 2003

Filed in the office of Secretary of State September 2, 2003

Effective date September 2, 2003

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