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 3683
A-Engrossed
House Bill 3653
Ordered by the House August 7
Including House Amendments dated August 7
Sponsored by Representative KRUSE
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.
Abolishes Oregon Health Council. Creates Oregon Health Policy
Commission. Specifies duties of commission.
{ + Directs Department of Human Services to work with
commission to resolve concerns about State Medicaid Plan
amendment, modifications of Medicaid protocols and changes to
administrative rules. + }
A BILL FOR AN ACT
Relating to health policy; creating new provisions; and amending
ORS 244.050, 414.021, 414.221, 414.225, 431.195, 442.011,
442.015, 442.035, 442.045, 442.057 and 735.722.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 442.035 is amended to read:
442.035. (1) The Oregon Health { - Council - } { + Policy
Commission + } is established { - under the Office for Oregon
Health Policy and Research - } to serve as the policy-making
body responsible for health { + policy and + } planning
{ - pursuant to this chapter - } { + for the state + }.
(2) The members of the { - council - } { + commission + }
shall be residents of the State of Oregon and shall be appointed
by the Governor, subject to the following:
(a) The { - council - } { + commission + } shall have 10
public members and shall include at least one member from each
congressional district of the state.
(b) The membership of the { - council - }
{ + commission + } shall broadly represent the geographic,
social, economic, occupational, linguistic and racial population
of the state and shall include individuals who represent Oregon's
rural and urban medically underserved populations.
(c) The { - council - } { + commission + } shall have a
majority of members who are not direct providers of health care
and shall include individuals who represent Oregon's rural and
urban medically underserved populations.
(d) The { - council - } { + commission + } shall have at
least one member who is a physician licensed to practice in this
state. For the purposes of this paragraph, 'physician' has the
meaning given that term in ORS 677.010.
(e) Members shall be appointed to three-year terms.
(f) A member may not serve more than two consecutive terms.
(3) { + Voting + } members of the { - council - }
{ + commission + } shall serve at the Governor's pleasure.
(4) { + Voting + } members shall select a chairperson and a
vice chairperson from among themselves.
(5) The { - council - } { + commission + } shall meet at
least quarterly.
(6) Members are entitled to compensation and expenses as
provided in ORS 292.495.
(7) Vacancies { + of voting members + } on the
{ - council - } { + commission + } shall be filled by
appointments of the Governor for the unexpired term.
{ + (8) In addition to the members appointed to the
commission under subsection (2) of this section, the commission
shall include:
(a) Two members appointed by the President of the Senate, who
shall be members of the Senate and who shall be nonvoting,
advisory members; and
(b) Two members appointed by the Speaker of the House of
Representatives, who shall be members of the House of
Representatives and who shall be nonvoting, advisory members. + }
SECTION 2. { + The Oregon Health Council is abolished. The
term of office of any member serving on the effective date of
this 2003 Act is terminated on the effective date of this 2003
Act. + }
SECTION 3. ORS 442.045 is amended to read:
442.045. The Oregon Health { - Council - } { + Policy
Commission + } shall perform the following functions:
{ + (1) Develop a plan for and monitor the implementation of
the state health policy; + }
{ - (1) - } { + (2) + } Act as the policy-making body for a
statewide data clearinghouse established within the Department of
Human Services or among other state agencies as appropriate for
the acquisition, compilation, correlation and dissemination of
data from health care providers, other state and local agencies
including the state Medicaid program, third-party payers and
other appropriate sources in furtherance of the purpose and
intent of the Legislative Assembly as expressed in ORS 442.025.
{ - (2) - } { + (3) + } Review reports provided at least
biennially by the Administrator of the Office for Oregon Health
Policy and Research on the findings, trends and long-term
implications arising from data collected pursuant to ORS 442.120
and 442.400 to 442.463 and by the statewide data clearinghouse
authorized by subsection { - (1) - } { + (2) + } of this
section.
{ - (3) - } { + (4) + } Provide a forum for discussion of
{ + health policy + } { + and + } health care issues facing the
citizens of the State of Oregon.
{ - (4) - } { + (5) + } Identify and analyze significant
{ + health policy and + } health care issues affecting the state
and make policy recommendations to the Governor.
{ - (5) - } { + (6) + } Prepare and submit to the Governor
and the Legislative Assembly resolutions relating to { + health
policy and + } health care reform.
{ + (7) Review State Medicaid Plan amendments, modifications
in Medicaid protocols, applications for waivers to the Centers
for Medicare and Medicaid Services proposed by the Department of
Human Services and administrative rules for the state's medical
assistance program and other health care programs. + }
{ - (6) - } { + (8) + } Act as the primary advisory
committee to the Office for Oregon Health Policy and Research,
the Governor and the Legislative Assembly.
{ - (7) - } { + (9) + } Perform all other functions
authorized or required by state law.
SECTION 4. ORS 442.057 is amended to read:
442.057. The Oregon Health { - Council - } { + Policy
Commission + } may establish subcommittees and may appoint
advisory committees to advise it in carrying out its duties.
Members of advisory committees shall not be eligible for
compensation but shall be entitled to receive actual and
necessary travel and other expenses incurred in the performance
of their official duties.
SECTION 5. ORS 442.011 is amended to read:
442.011. { + (1) + } There is created in the Oregon Department
of Administrative Services the Office for Oregon Health Policy
and Research. The Administrator of the Office for Oregon Health
Policy and Research shall be appointed by the Governor and the
appointment shall be subject to Senate confirmation in the manner
prescribed in ORS 171.562 and 171.565. The administrator shall be
an individual with demonstrated proficiency in planning and
managing programs with complex public policy and fiscal aspects
such as those involved in the Oregon Health Plan. Before making
the appointment, the Governor must advise the President of the
Senate and the Speaker of the House of Representatives of the
names of at least three finalists and shall consider their
recommendation in appointing the administrator.
{ + (2) In carrying out the responsibilities and duties of
the administrator, the administrator shall consult with and be
advised by the Oregon Health Policy Commission. + }
SECTION 6. ORS 414.021 is amended to read:
414.021. (1) The Administrator of the Office for Oregon Health
Policy and Research shall be responsible for analyzing and
reporting on the implementation of the elements of the Oregon
Health Plan that are assigned to various state agencies,
including but not limited to the Department of Human Services and
the Department of Consumer and Business Services { - , and - }
{ + .
(2) The administrator + } shall administer the Health Services
Commission, { + the Medicaid Advisory Committee and + } the
Health Resources Commission and { + provide administrative
support to + } the Oregon Health { - Council - } { + Policy
Commission + }. Pursuant to the responsibilities described in
this subsection { + and subsection (1) of this section + }, the
administrator may review and monitor the progress of the various
activities that comprise Oregon's efforts to reform health care
through state-funded and employer-based coverage. Except for
administration of the Health Services Commission, { + the
Medicaid Advisory Committee and + } the Health Resources
Commission and { + providing administrative support to + } the
Oregon Health { - Council - } { + Policy Commission + } and
as specifically authorized in ORS 414.018 to 414.024, 414.042,
414.107, 414.710, 414.720 and 735.712, the administrator shall
not be responsible for the day-to-day operations of the Oregon
Health Plan, but shall exercise such oversight responsibilities
as are necessary to further the Oregon Health Plan's goals.
{ - (2) The administrator shall be responsible for the
activities necessary to implement the plans and programs
described in sections 4 and 7, chapter 815, Oregon Laws 1993,
that are intended to expand voluntary health care coverage to
Oregonians. - }
(3) The administrator shall employ such staff or utilize such
state agency personnel as are necessary to fulfill the
responsibilities and duties of the administrator. In addition,
the administrator may contract with third parties for technical
and administrative services necessary to carry out Oregon Health
Plan activities where contracting promotes economy, avoids
duplication of effort and makes best use of available expertise.
The administrator may call upon other state agencies to provide
available information as necessary to assist the administrator in
meeting the responsibilities under ORS 414.018 to 414.024,
414.042, 414.107, 414.710, 414.720 and 735.712. The information
shall be supplied as promptly as circumstances permit.
(4) The Oregon Health { - Council - } { + Policy
Commission + } shall serve as the primary advisory committee to
the administrator, the Governor and the Legislative Assembly. The
administrator also may appoint other technical or advisory
committees to assist the Oregon Health { - Council - }
{ + Policy Commission + } in formulating its advice. Individuals
appointed to any technical or other advisory committee shall
serve without compensation for their services as members, but may
be reimbursed for their travel expenses pursuant to ORS 292.495.
(5) The administrator may apply for, receive and accept grants,
gifts and other payments, including property and services, from
any governmental or other public or private entity or person and
may make arrangements for the use of these receipts, including
the undertaking of special studies and other projects relating to
health care costs and access to health care.
(6) The directors of the Departments of Human Services and
Consumer and Business Services and other state agency personnel
responsible for implementing elements of the Oregon Health Plan
shall cooperate fully with the administrator in carrying out
their responsibilities under the Oregon Health Plan.
(7) All health policy advisory committees reporting to the
Office for Oregon Health Policy and Research and all advisory
task forces on health policy appointed by the administrator shall
report directly to the Oregon Health { - Council - } { +
Policy Commission + }.
SECTION 7. ORS 414.221 is amended to read:
414.221. The Medicaid Advisory Committee shall advise the { +
Administrator of the Office for Oregon Health Policy and Research
and + } { + the + } Department of Human Services on:
(1) Medical care, including mental health and alcohol and drug
treatment and remedial care to be provided under ORS chapter 414;
and
(2) The operation and administration of programs provided under
ORS chapter 414.
SECTION 8. ORS 414.225 is amended to read:
414.225. { - (1) - } The Department of Human Services shall
consult with the Medicaid Advisory Committee concerning the
determinations required under ORS 414.065.
{ - (2) The department shall provide secretarial services to
the Medicaid Advisory Committee. - }
SECTION 9. { + (1) The Department of Human Services shall
submit to the Oregon Health Policy Commission any proposals to
amend the State Medicaid Plan, modify Medicaid protocols, submit
an application for a waiver to the Centers for Medicare and
Medicaid Services or adopt or amend any administrative rules for
the state's medical assistance program and other health care
programs.
(2) If the commission has concerns regarding a State Medicaid
Plan amendment, a modification in Medicaid protocols, an
application for a waiver or adoption or amendment of an
administrative rule proposed by the department, the department
shall work with the commission to resolve the concerns. + }
SECTION 10. ORS 431.195 is amended to read:
431.195. (1) There is established the Oregon Public Health
Advisory Board to serve as an advisory body to the Director of
Human Services.
(2) The members of the board shall be residents of this state
and shall be appointed by the Governor. The board shall consist
of 15 members at least one-half of whom shall be public members
broadly representing the state as a whole and the others to
include representatives of local government and public and
private health providers. At least two representatives, one
consumer and one provider, from the Oregon Health
{ - Council - } { + Policy Commission + } shall serve on the
board.
(3) The Oregon Public Health Advisory Board shall:
(a) Advise the director on policy matters related to the
operation of the Department of Human Services.
(b) Provide a review of statewide public health issues and make
recommendations to the director.
(c) Participate in public health policy development.
(4) Members shall be appointed for four-year terms. No person
shall serve more than two consecutive terms.
(5) The board shall meet at least quarterly.
(6) Members of the board shall be entitled to compensation and
expenses as provided in ORS 292.495.
(7) Vacancies on the board shall be filled by appointments of
the Governor for the unexpired term.
SECTION 11. ORS 442.015 is amended to read:
442.015. As used in ORS chapter 441 and this chapter, unless
the context requires otherwise:
(1) 'Acquire' or 'acquisition' refers to obtaining equipment,
supplies, components or facilities by any means, including
purchase, capital or operating lease, rental or donation, with
intention of using such equipment, supplies, components or
facilities to provide health services in Oregon. When equipment
or other materials are obtained outside of this state,
acquisition is considered to occur when the equipment or other
materials begin to be used in Oregon for the provision of health
services or when such services are offered for use in Oregon.
(2) 'Adjusted admission' means the sum of all inpatient
admissions divided by the ratio of inpatient revenues to total
patient revenues.
(3) 'Affected persons' has the same meaning as given to '
party' in ORS 183.310 (6).
(4) 'Ambulatory surgical center' means a facility that performs
outpatient surgery not routinely or customarily performed in a
physician's or dentist's office, and is able to meet health
facility licensure requirements.
(5) 'Audited actual experience' means data contained within
financial statements examined by an independent, certified public
accountant in accordance with generally accepted auditing
standards.
(6) 'Budget' means the projections by the hospital for a
specified future time period of expenditures and revenues with
supporting statistical indicators.
(7) 'Case mix' means a calculated index for each hospital,
based on financial accounting and case mix data collection as set
forth in ORS 442.425, reflecting the relative costliness of that
hospital's mix of cases compared to a state or national mix of
cases.
{ - (8) 'Council' means the Oregon Health Council. - }
{ + (8) 'Commission' means the Oregon Health Policy
Commission. + }
(9) 'Department' means the Department of Human Services of the
State of Oregon.
(10) 'Develop' means to undertake those activities which on
their completion will result in the offer of a new institutional
health service or the incurring of a financial obligation, as
defined under applicable state law, in relation to the offering
of such a health service.
(11) 'Director' means the Director of Human Services.
(12) 'Expenditure' or 'capital expenditure' means the actual
expenditure, an obligation to an expenditure, lease or similar
arrangement in lieu of an expenditure, and the reasonable value
of a donation or grant in lieu of an expenditure but not
including any interest thereon.
(13) 'Freestanding birthing center' means a facility licensed
for the primary purpose of performing low risk deliveries.
(14) 'Governmental unit' means the state, or any county,
municipality or other political subdivision, or any related
department, division, board or other agency.
(15) 'Gross revenue' means the sum of daily hospital service
charges, ambulatory service charges, ancillary service charges
and other operating revenue. 'Gross revenue' does not include
contributions, donations, legacies or bequests made to a hospital
without restriction by the donors.
(16)(a) 'Health care facility' means a hospital, a long term
care facility, an ambulatory surgical center, a freestanding
birthing center or an outpatient renal dialysis facility.
(b) 'Health care facility' does not mean:
(A) An establishment furnishing residential care or treatment
not meeting federal intermediate care standards, not following a
primarily medical model of treatment, prohibited from admitting
persons requiring 24-hour nursing care and licensed or approved
under the rules of the Department of Human Services or the
Department of Corrections; or
(B) An establishment furnishing primarily domiciliary care.
(17) 'Health maintenance organization' or 'HMO' means a public
organization or a private organization organized under the laws
of any state which:
(a) Is a qualified HMO under section 1310 (d) of the U.S.
Public Health Services Act; or
(b)(A) Provides or otherwise makes available to enrolled
participants health care services, including at least the
following basic health care services: Usual physician services,
hospitalization, laboratory, X-ray, emergency and preventive
services, and out-of-area coverage;
(B) Is compensated, except for copayments, for the provision of
the basic health care services listed in subparagraph (A) of this
paragraph to enrolled participants on a predetermined periodic
rate basis; and
(C) Provides physicians' services primarily directly through
physicians who are either employees or partners of such
organization, or through arrangements with individual physicians
or one or more groups of physicians organized on a group practice
or individual practice basis.
(18) 'Health services' means clinically related diagnostic,
treatment or rehabilitative services, and includes alcohol, drug
or controlled substance abuse and mental health services that may
be provided either directly or indirectly on an inpatient or
ambulatory patient basis.
(19) 'Hospital' means a facility with an organized medical
staff, with permanent facilities that include inpatient beds and
with medical services, including physician services and
continuous nursing services under the supervision of registered
nurses, to provide diagnosis and medical or surgical treatment
primarily for but not limited to acutely ill patients and
accident victims, to provide treatment for the mentally ill or to
provide treatment in special inpatient care facilities.
(20) 'Institutional health services' means health services
provided in or through health care facilities and includes the
entities in or through which such services are provided.
(21) 'Intermediate care facility' means a facility that
provides, on a regular basis, health-related care and services to
individuals who do not require the degree of care and treatment
that a hospital or skilled nursing facility is designed to
provide, but who because of their mental or physical condition
require care and services above the level of room and board that
can be made available to them only through institutional
facilities.
(22) 'Long term care facility' means a facility with permanent
facilities that include inpatient beds, providing medical
services, including nursing services but excluding surgical
procedures except as may be permitted by the rules of the
director, to provide treatment for two or more unrelated
patients. ' Long term care facility' includes skilled nursing
facilities and intermediate care facilities but may not be
construed to include facilities licensed and operated pursuant to
ORS 443.400 to 443.455.
(23) 'Major medical equipment' means medical equipment that is
used to provide medical and other health services and that costs
more than $1 million. 'Major medical equipment' does not include
medical equipment acquired by or on behalf of a clinical
laboratory to provide clinical laboratory services, if the
clinical laboratory is independent of a physician's office and a
hospital and has been determined under Title XVIII of the Social
Security Act to meet the requirements of paragraphs (10) and (11)
of section 1861(s) of that Act.
(24) 'Medically indigent' means a person who has insufficient
resources or assets to pay for needed medical care without
utilizing resources required to meet basic needs for shelter,
food and clothing.
(25) 'Net revenue' means gross revenue minus deductions from
revenue.
(26) 'New hospital' means a facility that did not offer
hospital services on a regular basis within its service area
within the prior 12-month period and is initiating or proposing
to initiate such services. 'New hospital' also includes any
replacement of an existing hospital that involves a substantial
increase or change in the services offered.
(27) 'New skilled nursing or intermediate care service or
facility' means a service or facility that did not offer long
term care services on a regular basis by or through the facility
within the prior 12-month period and is initiating or proposing
to initiate such services. A 'new skilled nursing or intermediate
care service or facility' also includes the rebuilding of a long
term care facility, the relocation of buildings which are a part
of a long term care facility, the relocation of long term care
beds from one facility to another or an increase in the number of
beds of more than 10 or 10 percent of the bed capacity, whichever
is the lesser, within a two-year period.
(28) 'Offer' means that the health care facility holds itself
out as capable of providing, or as having the means for the
provision of, specified health services.
(29) 'Operating expenses' means the sum of daily hospital
service expenses, ambulatory service expenses, ancillary expenses
and other operating expenses, excluding income taxes.
(30) 'Outpatient renal dialysis facility' means a facility that
provides renal dialysis services directly to outpatients.
(31) 'Person' means an individual, a trust or estate, a
partnership, a corporation (including associations, joint stock
companies and insurance companies), a state, or a political
subdivision or instrumentality, including a municipal
corporation, of a state.
(32) 'Skilled nursing facility' means a facility or a distinct
part of a facility, that is primarily engaged in providing to
inpatients skilled nursing care and related services for patients
who require medical or nursing care, or an institution that
provides rehabilitation services for the rehabilitation of
injured, disabled or sick persons.
(33) 'Special inpatient care facility' means a facility with
permanent inpatient beds and other facilities designed and
utilized for special health care purposes, including but not
limited to a rehabilitation center, a college infirmary, a
chiropractic facility, a facility for the treatment of alcoholism
or drug abuse, an inpatient care facility meeting the
requirements of ORS 441.065, and any other establishment falling
within a classification established by the Department of Human
Services, after determination of the need for such classification
and the level and kind of health care appropriate for such
classification.
(34) 'Total deductions from gross revenue' or 'deductions from
revenue' means reductions from gross revenue resulting from
inability to collect payment of charges. Such reductions include
bad debts; contractual adjustments; uncompensated care;
administrative, courtesy and policy discounts and adjustments and
other such revenue deductions. The deduction shall be net of the
offset of restricted donations and grants for indigent care.
SECTION 12. ORS 735.722 is amended to read:
735.722. (1) There is established the Family Health Insurance
Assistance Program in the Insurance Pool Governing Board. The
purpose of the program is to remove economic barriers to health
insurance coverage for residents of the State of Oregon with
family income less than 200 percent of the federal poverty level,
and investment and savings less than the limit established by the
board, while encouraging individual responsibility, promoting
health benefit plan coverage of children, building on the private
sector health benefit plan system and encouraging employer and
employee participation in employer sponsored health benefit plan
coverage.
(2) The Insurance Pool Governing Board shall be responsible for
the implementation and operation of the Family Health Insurance
Assistance Program. The Administrator of the Office for Oregon
Health Policy and Research, in consultation with the Oregon
Health { - Council - } { + Policy Commission + }, shall make
recommendations to the board regarding program policy, including
but not limited to eligibility requirements, assistance levels,
benefit criteria and insurance carrier participation. The board
shall adopt all policy recommendations made by the Administrator
of the Office for Oregon Health Policy and Research pursuant to
this subsection.
(3) The board shall enter into a contract with a third-party
administrator to administer the Family Health Insurance
Assistance Program. Duties of the third-party administrator may
include but are not limited to:
(a) Eligibility determination;
(b) Data collection;
(c) Assistance payments;
(d) Financial tracking and reporting; and
(e) Such other services as the board may deem necessary for the
administration of the program.
(4) In entering into a contract with a third-party
administrator pursuant to subsection (3) of this section, the
board shall engage in competitive bidding. The board shall
evaluate bids according to criteria established by the board,
including but not limited to:
(a) The applicant's proven ability to administer a program of
the size of the Family Health Insurance Assistance Program;
(b) The efficiency of the applicant's payment procedures;
(c) The estimate provided of the total charges necessary to
administer the program; and
(d) The applicant's ability to operate the program in a
cost-effective manner.
SECTION 13. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist.
(K) Director of Human Services.
(L) Director of the Department of Consumer and Business
Services.
(M) Director of Division of State Lands.
(N) State Librarian.
(O) Administrator of Oregon Liquor Control Commission.
(P) Superintendent of State Police.
(Q) Director of the Public Employees Retirement System.
(R) Director of Department of Revenue.
(S) Director of Transportation.
(T) Public Utility Commissioner.
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
(W) Administrator of the Office of Energy.
(X) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) Oregon Economic and Community Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health { - Council - } { + Policy
Commission + }.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employees Retirement Board.
(U) Oregon Racing Commission.
(V) Oregon Transportation Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) Oregon Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(DD) Oregon Health and Science University Board of Directors.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By April 15 next after the filing date for the primary
election, each candidate for elective public office described in
subsection (1) of this section shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(4) Within 30 days after the filing date for the general
election, each candidate for elective public office described in
subsection (1) of this section who was not a candidate in the
preceding primary election shall file with the commission a
statement of economic interest as required under ORS 244.060,
244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing date for the statewide
general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
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