72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2191
 
LC 678/HB 2191-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2191
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                             April 8
 
  On page 1 of the printed bill, line 2, after 'ORS' insert '
307.145,' and before '657A.180' insert '430.590,'.
  In line 3, delete 'and 657A.440' and insert ', 657A.400 and
657A.440; and declaring an emergency'.
  On page 12, line 4, after 'needs' insert 'or disabilities'.
  In line 21, after 'parent' insert 'or child development'.
  In line 31, after 'parent' insert 'or child development'.
  On page 13, line 1, after 'directors' insert 'that includes
parents of the children cared for by the cooperative'.
  In line 22, delete 'Initial'.
  In line 30, delete 'caring for seven' and insert ', except a
facility subject to the registration requirements of ORS
657A.330,'.
  In line 31, delete 'or more children'.
  In line 44, after 'center' insert a period and delete the rest
of the line and line 45.
  On page 16, after line 8, insert:
  '  { +  SECTION 13. + } ORS 307.145 is amended to read:
  ' 307.145. (1) If not otherwise exempt by law, upon compliance
with ORS 307.162, the child care facilities, schools, academies
and student housing accommodations, owned or being purchased by
incorporated eleemosynary institutions or by incorporated
religious organizations, used exclusively by such institutions or
organizations for or in immediate connection with educational
purposes, are exempt from taxation.
  ' (2) Property described in subsection (1) of this section
which is exclusively for or in the immediate connection with
educational purposes shall continue to be exempt when leased to a
political subdivision of the State of Oregon, or to another
incorporated eleemosynary institution or incorporated religious
organization for an amount not to exceed the cost of repairs,
maintenance and upkeep.
  ' (3)(a) As used in this section, 'child care facility' means a
 { - facility - }   { + child care center + } certified by the
Child Care Division of the Employment Department under ORS
657A.280 to provide educational child care   { - for seven or
more children - } .
  ' (b) Before an exemption for a child care facility is allowed
under this section, in addition to any other information required
under ORS 307.162, the statement shall:
  ' (A) Describe the property and declare or be accompanied by
proof that the corporation is an eleemosynary institution or
religious organization.
  ' (B) Declare or be accompanied by proof that the division has
issued the  { + child care + } facility a certification to
provide educational child care   { - for seven or more
children - } .
  ' (C) Be signed by the taxpayer subject to the penalties for
false swearing.
  '  { +  SECTION 14. + } ORS 430.590 is amended to read:
  ' 430.590. (1) It is unlawful for any person to commence
operating a methadone clinic:
  ' (a) Within 1,000 feet of the real property comprising an
existing public or private elementary, secondary or career school
attended primarily by minors; or
  ' (b) Within 1,000 feet of the real property comprising an
existing licensed child care facility. As used in this section, '
licensed child care facility' means a child care   { - facility,
as defined in ORS 657A.250, that provides child care to seven or
more children and - }   { + center certified under ORS 657A.280
that + } is operating under authority of a valid business
license.
  ' (2) Commencing operation of a methadone clinic within 1,000
feet of a school or licensed child care facility is a nuisance
and operation of the clinic shall be enjoined and abated as
provided in ORS 105.550 to 105.600.
  '  { +  SECTION 15. + } ORS 657A.400 is amended to read:
  ' 657A.400. (1) An authorized representative of the Department
of Human Services may inspect the premises of a child care
facility   { - caring for seven or more children - }
 { + certified under ORS 657A.280 + } to determine whether the
facility is in conformity with applicable laws and regulations
relating to health and sanitation.
  ' (2) An authorized representative of the Department of Human
Services shall inspect any child care facility when requested to
do so by the Child Care Division in accordance with arrangements
under ORS 657A.420 and shall submit written findings to the Child
Care Division. The Child Care Division shall not issue or renew
any certification for any child care facility for which an
inspection by the Department of Human Services has been requested
unless an authorized representative of the Department of Human
Services submits a written finding that the facility is in
compliance with applicable laws and regulations relating to
health and sanitation.
  ' (3) A sanitarian's inspection may be performed by a private
consultant so long as the consultant is registered under ORS
chapter 700.
  '  { +  SECTION 16. + }  { + 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. + } ' .
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