72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 559
B-Engrossed
House Bill 2167
Ordered by the Senate June 17
Including House Amendments dated May 6 and Senate Amendments
dated
June 17
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Housing and Community Services Department)
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.
Directs Oregon Commission for Voluntary Action and Service to
obtain advice on feasibility of transferring some or all
functions to nonprofit tax-exempt organization. Limits travel and
other expenses of commission members to funds available to
commission. Removes commission from Housing and Community
Services Department.
{ + Transfers certain unexpended funds authorized to be
expended by department to commission. Transfers other duties and
obligations of department to commission. + }
A BILL FOR AN ACT
Relating to Oregon Commission for Voluntary Action and Service;
creating new provisions; and amending ORS 458.555 and 458.563.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Commission for Voluntary Action
and Service shall make inquiries and obtain advice from
appropriate sources regarding the feasibility of having all or
some of the functions of the commission performed by a nonprofit,
tax-exempt organization that qualifies under section 501(c)(3) of
the Internal Revenue Code. All agencies of state government as
defined in ORS 174.111 are directed to cooperate with the
commission and, to the extent permitted by laws relating to
confidentiality, to furnish all information and advice necessary
to assist the commission in carrying out this subsection.
(2) The commission shall report its findings and
recommendations for legislation to the Governor and the
Seventy-third Legislative Assembly on or before January 31,
2005. + }
SECTION 2. ORS 458.555 is amended to read:
458.555. (1) There is established the Oregon Commission for
Voluntary Action and Service { - within the Housing and
Community Services Department - } .
(2) The commission shall consist of at least 15 members
appointed by the Governor and may consist of up to 25 members
appointed by the Governor.
(3) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on the first day of the next
following month. A member is eligible for reappointment. If there
is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term.
(4) The appointment of the members of the commission is subject
to confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(5) A member of the commission is entitled to receive { + ,
from funds available to the commission, + } actual and necessary
travel and other expenses incurred in the performance of official
duties as provided in ORS 292.495.
SECTION 3. ORS 458.563 is amended to read:
458.563. (1) The Oregon Commission for Voluntary Action and
Service shall appoint a director to serve at the pleasure of the
commission. The director must have experience and education in
public administration or nonprofit management.
(2) The designation of the director must be by written order,
filed with the Secretary of State.
(3) Subject to any applicable provisions of the State Personnel
Relations Law, the director shall appoint all subordinate
officers and employees of the commission, prescribe their duties
and fix their compensation.
{ - (4) The director shall cooperate with the Housing and
Community Services Department in the development and
administration of non-policymaking activities, including but not
limited to rules for commission personnel, fiscal practices and
purchasing of commission supplies. - }
SECTION 4. { + (1) The unexpended balances of amounts, if any,
authorized to be expended by the Housing and Community Services
Department for the biennium beginning July 1, 2003, that are
expressly designated by the Legislative Assembly as being for the
purpose of administering and enforcing the duties, functions and
powers of the Oregon Commission for Voluntary Action and Service
are appropriated and transferred to and are available for
expenditure by the commission for the biennium beginning July 1,
2003.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the department
expressly for the purpose of administering and enforcing the
duties, functions and powers of the commission remain applicable
to expenditures by the commission under this section. + }
SECTION 5. { + (1) Nothing in sections 4 to 6 of this 2003 Act
or the amendments to ORS 458.555 and 458.563 by sections 2 and 3
of this 2003 Act relieves a person of a liability, duty or
obligation accruing under or with respect to the duties,
functions and powers of the Oregon Commission for Voluntary
Action and Service. The commission may undertake the collection
or enforcement of any such liability, duty or obligation.
(2) The rights and obligations of the Housing and Community
Services Department legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
operative date of this section accruing under or with respect to
the duties, functions and powers of the commission are
transferred to the commission. For the purpose of succession to
these rights and obligations, the commission is a continuation of
the department and not a new authority. + }
SECTION 6. { + The rules of the Housing and Community Services
Department with respect to the duties, functions or powers of the
Oregon Commission for Voluntary Action and Service that are in
effect on the operative date of this section continue in effect
until superseded or repealed by rules of the
commission. References in such rules of the department to the
department or an officer or employee of the department are
considered to be references to the commission or an officer or
employee of the commission. + }
SECTION 7. { + Sections 4 to 6 of this 2003 Act and the
amendments to ORS 458.555 and 458.563 by sections 2 and 3 of this
2003 Act become operative July 1, 2004. + }
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