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 1213
Senate Bill 81
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Legislative Counsel
Committee)
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 as
introduced.
Makes technical changes in Oregon law. Adjusts grammar and
punctuation. Deletes obsolete provisions. Conforms language to
existing statutes. Inserts omitted provisions. Adjusts Oregon
Revised Statutes series references.
A BILL FOR AN ACT
Relating to correction of erroneous material in Oregon law;
creating new provisions; amending ORS 1.150, 1.194, 2.100,
2.570, 8.415, 8.730, 9.050, 9.370, 9.665, 9.850, 10.080,
14.110, 30.010, 34.720, 35.215, 35.390, 40.385, 40.510, 51.090,
52.650, 58.015, 67.005, 79.0315, 79.0512, 79.0516, 79.0519,
79.0522, 79.0523, 84.046, 90.150, 92.016, 93.160, 93.810,
94.823, 94.846, 94.853, 101.060, 107.135, 107.725, 113.095,
113.145, 128.266, 128.876, 129.025, 129.035, 129.045, 129.115,
133.721, 133.736, 133.737, 137.020, 137.123, 137.635, 146.035,
153.093, 165.540, 166.270, 166.293, 166.410, 169.090, 171.857,
174.107, 174.535, 176.780, 177.030, 179.010, 179.105, 179.331,
179.495, 179.610, 179.750, 181.537, 181.620, 181.637, 181.638,
181.725, 181.870, 181.871, 183.458, 184.616, 190.083, 190.520,
192.502, 192.515, 192.517, 192.580, 192.630, 196.810, 198.705,
199.432, 215.251, 221.110, 221.120, 221.130, 221.901, 221.902,
221.905, 221.908, 221.909, 221.911, 221.916, 221.919, 238.005,
238.415, 243.850, 244.020, 244.060, 251.005, 254.462, 261.171,
261.190, 261.200, 261.355, 261.360, 261.410, 261.415, 261.420,
261.710, 267.320, 273.251, 273.331, 273.553, 273.554, 273.556,
273.558, 276.040, 279.027, 279.316, 279.334, 285A.143, 288.420,
291.228, 294.435, 326.051, 327.405, 333.195, 339.155, 339.460,
339.505, 344.259, 344.710, 348.702, 351.067, 351.070, 351.450,
351.460, 351.676, 357.925, 366.512, 376.505, 376.745, 377.790,
377.795, 390.134, 390.139, 390.332, 390.971, 398.132, 409.140,
409.420, 409.425, 409.520, 409.710, 410.600, 411.060, 411.240,
411.245, 411.575, 411.580, 412.710, 413.005, 413.070, 413.140,
413.240, 414.025, 414.047, 414.325, 414.327, 414.712, 414.725,
414.735, 414.821, 414.823, 414.825, 414.827, 414.829, 414.831,
414.833, 414.834, 414.835, 414.837, 414.839, 416.810, 417.795,
418.005, 418.035, 418.042, 418.070, 418.075, 418.085, 418.130,
418.155, 418.280, 418.285, 418.305, 418.325, 418.470, 418.475,
419B.035, 419B.045, 419B.116, 419B.893, 419B.896, 419B.899,
419B.902, 421.120, 421.122, 421.590, 426.020, 426.070, 426.127,
426.237, 426.395, 430.368, 430.763, 431.230, 431.418, 432.500,
433.035, 433.045, 433.235, 436.255, 436.335, 441.015, 441.087,
441.124, 441.277, 441.303, 441.705, 441.712, 442.315, 443.015,
443.738, 443.739, 443.740, 443.795, 443.860, 443.885, 446.210,
447.060, 447.072, 447.231, 448.265, 448.315, 448.409, 448.410,
451.410, 451.573, 451.575, 453.235, 453.265, 453.879, 455.473,
455.775, 455.895, 456.060, 456.315, 458.505, 459.005, 459.305,
459A.515, 460.165, 462.010, 462.062, 462.127, 464.350, 465.315,
468B.110, 468B.130, 468B.217, 475.302, 475.309, 475.565,
475A.005, 475A.085, 475A.110, 477.200, 477.210, 477.315,
477.365, 477.580, 477.880, 479.140, 479.195, 479.540, 479.545,
479.560, 479.570, 479.610, 479.630, 479.640, 479.650, 479.660,
479.820, 479.840, 479.910, 479.940, 479.945, 479.995, 496.610,
506.006, 506.511, 517.090, 517.780, 517.956, 527.710, 537.252,
540.990, 541.377, 542.750, 543A.415, 561.279, 564.110, 565.423,
565.447, 566.350, 578.230, 579.010, 596.050, 596.095, 596.225,
596.331, 601.050, 603.010, 616.020, 616.205, 616.790, 618.010,
618.036, 618.041, 618.051, 618.501, 619.051, 621.065, 621.418,
622.290, 624.010, 624.530, 624.990, 632.705, 632.786, 632.910,
632.990, 633.511, 633.640, 633.651, 633.670, 633.690, 633.700,
633.750, 633.996, 634.142, 634.660, 646.498, 648.125, 652.390,
652.435, 652.500, 652.510, 653.010, 656.054, 657.321, 657.331,
657.333, 657.385, 657.552, 660.126, 663.005, 663.025, 663.110,
670.380, 671.085, 671.310, 671.325, 671.338, 671.365, 671.393,
671.395, 671.404, 671.408, 671.415, 671.425, 671.445, 671.540,
671.950, 671.992, 672.007, 674.343, 675.050, 675.595, 678.021,
681.480, 682.109, 682.335, 682.345, 688.625, 693.020, 693.025,
693.115, 701.005, 701.992, 703.480, 711.540, 716.028, 731.216,
732.005, 732.470, 734.577, 743.656, 743.814, 746.191, 756.032,
756.036, 757.601, 759.425, 801.207, 801.255, 802.155, 803.601,
805.255, 805.256, 806.240, 807.010, 807.020, 807.031, 807.035,
807.036, 807.070, 807.072, 807.110, 807.122, 807.140, 807.170,
807.175, 807.220, 807.230, 807.252, 807.280, 807.340, 807.350,
807.370, 807.610, 809.360, 809.410, 810.365, 810.434, 810.435,
810.436, 811.808, 813.010, 813.020, 815.010, 815.040, 830.092,
830.094, 830.110, 830.770, 830.780, 830.830, 835.205 and
836.005 and section 10, chapter 1045, Oregon Laws 1999,
sections 1 and 19, chapter 666, Oregon Laws 2001, sections 1, 2
and 4, chapter 798, Oregon Laws 2001, section 14, chapter 898,
Oregon Laws 2001, section 5, chapter 928, Oregon Laws 2001, and
sections 1 and 5, chapter 972, Oregon Laws 2001 and ORCP 4 K
and 78 C; and repealing ORS 244.170, 616.005 and 801.315 and
section 1, chapter 805, Oregon Laws 2001.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 174.535 is amended to read:
174.535. It is the policy of the Legislative Assembly to revise
sections from Oregon Revised Statutes and Oregon law periodically
in order to maintain accuracy. However, nothing in chapter 740,
Oregon Laws 1983, chapter 565, Oregon Laws 1985, chapter 158,
Oregon Laws 1987, chapter 171, Oregon Laws 1989, chapters 67 and
927, Oregon Laws 1991, chapters 18 and 469, Oregon Laws 1993,
chapter 79, Oregon Laws 1995, chapter 249, Oregon Laws 1997,
chapter 59, Oregon Laws 1999, { - or - } chapter 104, Oregon
Laws 2001, { + or this 2003 Act + } is intended to alter the
legislative intent or purpose of statutory sections affected by
chapter 740, Oregon Laws 1983, chapter 565, Oregon Laws 1985,
chapter 158, Oregon Laws 1987, chapter 171, Oregon Laws 1989,
chapters 67 and 927, Oregon Laws 1991, chapters 18 and 469,
Oregon Laws 1993, chapter 79, Oregon Laws 1995, chapter 249,
Oregon Laws 1997, chapter 59, Oregon Laws 1999, { - and - }
chapter 104, Oregon Laws 2001, { + and this 2003 Act + } except
insofar as the amendments thereto, or repeals thereof,
specifically require.
{ + NOTE: + } Sets forth Reviser's Bill policy statement.
SECTION 2. ORS 1.150 is amended to read:
1.150. (1) Except as provided in { - subsection (2) of - }
this section, every writing in any action, suit or proceeding in
a court of justice of this state, or before a judicial officer,
shall be in English { - ; but common abbreviations may be
used - } .
(2) A writing in an action, suit or proceeding in a court of
justice of this state, or before a judicial officer, may be
submitted in English and accompanied by a translation into a
foreign language that is certified by the translator to be an
accurate and true translation of the English writing. If the
writing requires a signature, either the English or the foreign
language writing may be signed.
(3) If a writing is submitted in English and accompanied by a
translation under subsection (2) of this section, a copy of the
writing and the translation must be provided to the other parties
in the proceeding in the manner provided by the statutes and
rules relating to service, notice and discovery of writings in
civil and criminal proceedings in courts of justice of this state
and before judicial officers.
(4) The State Court Administrator may establish policies and
procedures governing the implementation of subsection (2) of this
section.
{ + (5) Subsection (1) of this section does not prohibit the
use of common abbreviations. + }
{ + NOTE: + } Eliminates incorrect punctuation in (1).
SECTION 3. ORS 1.194 is amended to read:
1.194. As used in ORS 1.194 to 1.200:
(1) 'Payment' means { - a voluntary - } { + an + } amount
of money { + voluntarily + } paid by a debtor or an
{ - involuntary - } amount of money { + involuntarily + }
paid by a debtor through offset or garnishment.
(2) 'State court' means a circuit court, the Oregon Tax Court,
the Court of Appeals or the Supreme Court.
{ + NOTE: + } Corrects syntax in (1).
SECTION 4. ORS 2.100 is amended to read:
2.100. Subject to ORS 2.111, the presence of a majority of all
the judges of the Supreme Court is necessary for the transaction
of any business { - therein; but any less number - } { + ,
except that less than a majority of the judges + } may meet and
adjourn from day to day, or for the term, with the same effect as
if all { + the judges + } were present.
{ + NOTE: + } Corrects punctuation and syntax.
SECTION 5. ORS 2.570 is amended to read:
2.570. (1) In hearing and determining causes, the judges of the
Court of Appeals may sit together or in departments.
(2) A department shall consist of three judges. For convenience
of administration, each department may be numbered. The Chief
Judge shall from time to time designate the number of departments
and make assignments of the judges among the departments. The
Chief Judge may sit in one or more departments and when so
sitting may preside. The Chief Judge shall designate a judge to
preside in each department.
(3) The majority of any department shall consist of regularly
elected and qualified judges of the Court of Appeals { - ;
provided that - } { + . However + }, if disqualifications,
recusals or other events reduce the number of available judges to
fewer than three, the Supreme Court may appoint such number of
qualified persons as may be necessary as pro tempore members of
the Court of Appeals.
(4) The Chief Judge shall apportion the business of the court
between the departments. Each department shall have power to hear
and determine causes, and all questions that may arise therein,
subject to subsection (5) of this section. The presence of three
judges is necessary to transact business in any department,
except such business as may be transacted in chambers by any
judge. The concurrence of two judges is necessary to pronounce
judgment.
(5) The Chief Judge or a majority of the regularly elected and
qualified judges of the Court of Appeals at any time may refer a
cause to be considered en banc. When sitting en banc, the court
may include not more than two judges pro tempore of the Court of
Appeals. When the court sits en banc, the concurrence of a
majority of the judges participating is necessary to pronounce
judgment, but if the judges participating are equally divided in
their view as to the judgment to be given, the judgment appealed
from shall be affirmed.
(6) The Chief Judge may rule on motions and issue orders in
procedural matters in the Court of Appeals.
(7) A judge or judge pro tempore of the Court of Appeals may
participate in the decision of the matter without resubmission of
the cause even though the judge is not present for oral argument
on the matter.
(8) A judge or judge pro tempore of the Court of Appeals may
participate in the decision of a matter without resubmission of
the cause in the following circumstances:
(a) The judge was appointed or elected to the Court of Appeals
after submission of the cause.
(b) The judge is participating in the decision of a cause that
was submitted to a department, and the judge is participating in
lieu of a judge of the department who has died, become disabled,
is disqualified or is otherwise unable to participate in the
decision of a cause submitted to the department.
(c) The judge is considering a cause en banc, but the judge was
not part of the department that originally considered the cause.
{ + NOTE: + } Corrects punctuation and syntax in (3).
SECTION 6. ORS 8.415 is amended to read:
8.415. As used in ORS 8.415 to 8.455, unless the context
requires otherwise:
{ - (1) 'Advisory committee' means the Certified Shorthand
Reporters Advisory Committee created in ORS 8.455. - }
{ - (2) - } { + (1) + } 'Administrator' means the State
Court Administrator.
{ + (2) 'Advisory committee' means the Certified Shorthand
Reporters Advisory Committee created in ORS 8.455. + }
(3) 'Certified shorthand reporter' means an individual who has
been certified to engage in the practice of shorthand reporting
under ORS 8.415 to 8.455.
(4) 'Shorthand reporting' means the making and transcribing of
a verbatim record of any court proceeding, deposition, hearing or
other matter where the verbatim record is required or requested
by any court, grand jury, attorney or referee to be made by means
of a written system of either manual or machine shorthand
procedures.
{ + NOTE: + } Alphabetizes definitions.
SECTION 7. ORS 8.730 is amended to read:
8.730. It is not lawful for any district attorney { - ,
having - } { + who has + } a law partner { - , to suffer
such - } { + to allow that + } partner to prosecute or defend
divorce cases or to defend cases { - wherein - } { + in
which + } the state is plaintiff and the district attorney is the
public prosecutor { - ; and it shall be - } { + . It is + } the
duty of the judicial officers of this state to prohibit such
practice in all cases coming before them.
{ + NOTE: + } Corrects punctuation and syntax.
SECTION 8. ORS 9.050 is amended to read:
9.050. On petition signed by 25 percent of the members in any
region for the recall of any governor elected from that region,
the executive director shall serve notice { - forthwith on
such - } { + as soon as possible on the + } governor { - of
the filing of the petition; and, - } { + informing the governor
that the petition has been filed. + } If the governor does not
resign within 10 days { - from - } { + after + } the date
{ - of such service - } { + the notice is served + }, the
executive director shall mail ballots to each active member of
the bar within the region eligible to vote, submitting the
question whether { - such - } { + the + } governor shall be
recalled. If a majority of the members voting at { - such - }
{ + the + } election vote in favor of the recall, { - then - }
the governor shall be recalled.
{ + NOTE: + } Conforms syntax to legislative style; corrects
punctuation.
SECTION 9. ORS 9.370 is amended to read:
9.370. If an attorney claims a lien, under the provisions of
ORS 87.430, upon the money or papers subject to delivery under
ORS 9.360, the court shall:
(1) Impose, as a condition of making the order, the requirement
that the client give security, in form and amount to be directed,
to satisfy the lien when determined in an action or suit;
{ - or - }
(2) Summarily inquire into the facts on which the claim of a
lien is founded, and determine the same; or
(3) Direct the trial of the controversy by a jury, or refer it,
and upon the verdict or report, determine the same as in other
cases.
{ + NOTE: + } Deletes superfluous conjunction in (1).
SECTION 10. ORS 9.665 is amended to read:
9.665. { + (1) Except as provided in this section, + }
reimbursement from the client security fund is discretionary
{ - ; however, - } { + with the board of governors. + }
{ + (2) + } The board shall not authorize payment unless the
conditions of ORS 9.655 (1) have been found to exist. However,
the board may, in its sole discretion, waive one or more of the
conditions of ORS 9.655 (1) in cases of extreme hardship or
special and unusual circumstances. The state bar is subrogated,
in the amount that a client's claim is reimbursed from the client
security fund, to all rights and remedies of that client against
the attorney whose dishonest conduct caused the loss,
{ - or - } against the estate of the attorney { - ; - } or
against any other person liable for the loss.
{ + NOTE: + } Conforms syntax to legislative style in (1);
corrects punctuation in (2).
SECTION 11. ORS 9.850 is amended to read:
9.850. In all counties containing not more than 400,000
inhabitants, according to the latest federal decennial census,
the county court may use such part of the law library fees
collected pursuant to ORS 21.350 (1) as { - it - } { + the
court + } deems desirable for the purpose of acquiring,
maintaining or operating a law library at the county seat of the
county, at such place as { - it - } { + the court + } may
direct { - ; but no part of the - } { + . In no event may + }
moneys received from { - such - } law library fees
{ - shall - } be used for any purpose other than acquiring,
maintaining or operating { - such - } { + a + } law library.
{ + NOTE: + } Deletes indefinite pronouns; conforms syntax to
legislative style; corrects punctuation.
SECTION 12. ORS 10.080 is amended to read:
10.080. (1) { - No - } { + A + } person { - shall - }
{ + may not + } ask or request any sheriff, constable or any
other person, whose duty it is under the law to select or summon
any jury or juror, to select or put the person upon the jury
{ - ; nor shall any - } { + . A + } person { + may not + }
procure or offer to procure for the person or for another person
a place upon any jury or seek to have the person or another
placed upon the list of jurors that is required by law to be
made.
(2) { - No - } { + A + } sheriff, constable or other person
{ - whose - } { + who has a + } duty { - it is - } under
the law to select or summon a jury { - shall - } { + may
not + } select, summon or place upon any jury any person whom the
sheriff, constable or other person has been asked or requested to
select or summon.
{ + NOTE: + } Corrects punctuation in (1); conforms syntax to
legislative style.
SECTION 13. ORCP 4 K is amended to read:
K Certain marital and domestic relations actions.
K(1) In any action to determine a question of status instituted
under ORS chapter 106 or 107 when the plaintiff is a resident of
or domiciled in this state.
K(2) In any action to enforce personal obligations arising
under ORS chapter 106 or 107, if the parties to a marriage have
concurrently maintained the same or separate residences or
domiciles within this state for a period of six months,
notwithstanding departure from this state and acquisition of a
residence or domicile in another state or country before filing
of such action; but if an action to enforce personal obligations
arising under ORS chapter 106 or 107 is not commenced within one
year following the date upon which the party who left the state
acquired a residence or domicile in another state or country, no
jurisdiction is conferred by this subsection in any such action.
K(3) In any proceeding to establish paternity under ORS chapter
109 or { - ORS 110.303 to 110.452 - } { + 110 + }, or any
action for declaration of paternity where the primary purpose of
the action is to establish responsibility for child support, when
the act of sexual intercourse which resulted in the birth of the
child is alleged to have taken place in this state.
{ + NOTE: + } Corrects series reference in (3).
SECTION 14. ORCP 78 C is amended to read:
C Application. Section B of this rule does not apply to an
order or judgment for the payment of money, except orders and
judgments for the payment of sums ordered pursuant to ORS 107.095
and 107.105 (1)(i), and money for support, maintenance, nurture,
education, or attorney fees, in:
C(1) Actions for dissolution or annulment of marriage or
separation from bed and board.
C(2) Proceedings upon support orders entered under ORS chapter
108 { + , + } { - or - } 109 or { - ORS 110.303 to
110.452 - } { + 110 + }, { + or under ORS + } 416.400 to
416.470, 419B.400 or 419C.590.
{ + NOTE: + } Corrects series reference in (2).
SECTION 15. ORS 14.110 is amended to read:
14.110. (1) The court or judge thereof may change the place of
trial, on the motion of either party to an action or suit, when
it appears from the affidavit of such party that the motion is
not made for the purpose of delay and { - , either - } :
(a) That the action or suit has not been commenced in the
proper county; { - or, - }
(b) That the judge is a party to, or directly interested in the
event of the action or suit, or connected by consanguinity or
affinity within the third degree, with the adverse party or those
for whom the adverse party prosecutes or defends; { - or, - }
(c) That the convenience of witnesses and the parties would be
promoted by such change; or { - , - }
(d) In an action, that the judge or the inhabitants of the
county are so prejudiced against the party making the motion that
the party cannot expect an impartial trial before { - said - }
{ + the + } judge or in { - said - } { + the + } county, as
the case may be.
(2) When the moving party in an action is a nonresident of the
county, the affidavit { - above - } required { + under this
section + } may be made by anyone on behalf of the moving party.
{ + NOTE: + } Deletes superfluous conjunctions in (1);
conforms syntax to legislative style.
SECTION 16. ORS 30.010 is amended to read:
30.010. (1) A parent having custody of { - his or her - }
{ + a + } child { + of the parent + } may maintain an action
for the injury of the child.
(2) A parent may recover damages for the death of { - his or
her - } { + a + } child { + of the parent + } only under ORS
30.020.
{ + NOTE: + } Eliminates gender-specific language.
SECTION 17. ORS 34.720 is amended to read:
34.720. { - No - } { + A + } person who has been finally
discharged upon a proceeding by habeas corpus { - shall - }
{ + may not + } again be imprisoned, restrained or kept in
custody for the same cause { - ; but it is not to be - } { + .
A person is not + } deemed { + to be imprisoned, restrained or
kept in custody for + } the same cause if:
(1) The person has been discharged from a commitment on a
criminal charge, and afterwards is committed for the same offense
by the legal order or process of the court wherein the person is
bound by a release agreement or has deposited security, or in
which the person is indicted or convicted for the same offense;
{ - or - }
(2) After a judgment of discharge for a defect of evidence or
for a material defect in the commitment, in a criminal case, the
party again is arrested on sufficient evidence, and committed by
legal process for the same offense; { - or - }
(3) In a civil action or suit, the party has been discharged
for illegality in the judgment, decree or process, and afterwards
is imprisoned for the same cause of action or suit; or
(4) In a civil action or suit, the person has been discharged
from commitment on a writ of arrest, and afterwards is committed
on execution, in the same action or suit, or on a writ of arrest
in another action or suit, after the dismissal of the first one.
{ + NOTE: + } Conforms syntax to legislative style in
lead-in; deletes superfluous conjunctions in (1) and (2).
SECTION 18. ORS 35.215 is amended to read:
35.215. As used in this chapter, unless the context otherwise
requires:
(1) 'Condemner' means the state, any city, county, school
district, municipal or public corporation, political subdivision
or any instrumentality or any agency thereof or a private
corporation that has the power to exercise the right of eminent
domain.
(2) 'Owner' or 'owner of the property' means the owner of
property { - as that term is defined in subsection (5) of this
section - } .
(3) 'Person' means person as defined by ORS 174.100 and also
includes the state, any city, county, school district, municipal
or public corporation, political subdivision or any
instrumentality or any agency thereof.
(4) 'Private condemner' means a private corporation that has
the power to exercise the right of eminent domain.
(5) 'Property' means real or personal property or any interest
therein of any kind or nature { - , - } that is subject to
condemnation.
(6) 'Public condemner' means condemner other than private
condemner.
{ + NOTE: + } Deletes unnecessary language in (2); corrects
punctuation in (5).
SECTION 19. ORS 35.390 is amended to read:
35.390. (1) If a condemner fails to use the real property or
any portion thereof acquired under this chapter within the time
specified in an agreement entered into under ORS 35.385 (1) or
with the terms of a judgment given under ORS 35.325 and 35.385
(2), whichever applies, and the prior owner of the real property
has not waived the right to repurchase the real property, the
condemner shall offer such property or any portion thereof, that
has not been used for a public purpose within the specified
period, to the prior owner or the beneficiary of the prior owner
designated as provided in ORS 35.400. The condemner shall, at its
expense, insure the title to any property or portion thereof
conveyed or vested in the owner or beneficiary under any
provision of ORS 35.385 to 35.415, free and clear of any and all
encumbrances except those subject to which the condemner
originally took such property.
(2) The prior owner or beneficiary described in subsection (1)
of this section may repurchase from the condemner the real
property that is subject to the right of repurchase for a price
equal to the sum of the compensation and damages paid by the
condemner for the real property plus interest at the rate of
seven percent per year from the date of the conveyance of the
real property by the prior owner to the condemner.
(3) If only a portion of the real property acquired by a
condemner is subject to the right of repurchase under ORS 35.385
to 35.415, the prior owner or beneficiary may acquire such
portion for a price equal to the sum of:
(a) The fair cash market value of the portion subject to the
right of repurchase, as of the date of the commencement of any
action subject to ORS 35.385; { - and - }
(b) The damages for diminution in value of the remainder, if
any, of the former owner's property not so acquired, as of the
date of the commencement of any action subject to ORS 35.385; and
(c) Interest at the rate of seven percent per year from the
date of the conveyance of the real property by the prior owner to
the condemner.
(4) The offer to repurchase only a portion of real property as
provided in subsection (1) of this section and ORS 35.400 (3),
shall be in writing and shall include the price for repurchase as
determined by the condemner, including an itemization of the
components thereof, pursuant to subsection (3) of this section.
{ + NOTE: + } Deletes superfluous conjunction in (3)(a).
SECTION 20. ORS 40.385 is amended to read:
40.385. At the request of a party the court may order witnesses
excluded until the time of final argument, and it may make the
order of its own motion. This rule does not authorize exclusion
of { + : + }
(1) A party who is a natural person { - , or - } { + ; + }
(2) An officer or employee of a party which is not a natural
person designated as its representative by its attorney { - ,
or - } { + ; + }
(3) A person whose presence is shown by a party to be essential
to the presentation of the party's cause { - , - } { + ; + } or
(4) The victim in a criminal case.
{ + NOTE: + } Conforms structure to legislative style.
SECTION 21. ORS 40.510 is amended to read:
40.510. Extrinsic evidence of authenticity as a condition
precedent to admissibility is not required with respect to the
following:
(1) A document bearing a seal purporting to be that of the
United States, or of any state, district, commonwealth,
territory, or insular possession thereof, or the Panama Canal
Zone, or the Trust Territory of the Pacific Islands, or of a
political subdivision, department, officer, or agency thereof,
and a signature purporting to be an attestation or execution.
(2) A document purporting to bear the signature, in an official
capacity, of an officer or employee of any entity included in
subsection (1) of this section, having no seal, if a public
officer having a seal and having official duties in the district
or political subdivision of the officer or employee certifies
under seal that the signer has the official capacity and that the
signature is genuine.
(3) A document purporting to be executed or attested in an
official capacity by a person authorized by the laws of a foreign
country to make the execution or attestation, and accompanied by
a final certification as to the genuineness of the signature and
official position of (A) the executing or attesting person, or
(B) any foreign official whose certificate of genuineness of
signature and official position relates to the execution or
attestation or is in a chain of certificates of genuineness of
signature and official position relating to the execution or
attestation. A final certification may be made by a secretary of
embassy or legation, consul general, consul, vice consul, or
consular agent of the United States, or a diplomatic or consular
official of the foreign country assigned or accredited to the
United States. If reasonable opportunity has been given to all
parties to investigate the authenticity and accuracy of official
documents, the court may, for good cause shown, order that they
be treated as presumptively authentic without final certification
or permit them to be evidenced by an attested summary with or
without final certification.
(4) A copy of an official record or report or entry therein, or
of a document authorized by law to be recorded or filed and
actually recorded or filed in a public office, including data
compilations in any form, certified as correct by the custodian
or other person authorized to make the certification, by
certificate complying with subsection (1), (2) or (3) of this
section or otherwise complying with any law or rule prescribed by
the Supreme Court.
(5) Books, pamphlets or other publications purporting to be
issued by public authority.
(6) Printed materials purporting to be newspapers or
periodicals.
(7) Inscriptions, signs, tags or labels purporting to have been
affixed in the course of business and indicating ownership,
control or origin.
(8) Documents accompanied by a certificate of acknowledgment
executed in the manner provided by law by a notary public or
other officer authorized by law to take acknowledgments.
(9) Commercial paper, signatures thereon and documents relating
thereto to the extent provided by { - ORS chapters 71 to 83 - }
{ + the Uniform Commercial Code or ORS chapter 83 + }.
(10) Any signature, documents or other matter declared by law
to be presumptively or prima facie genuine or authentic.
(11)(a) A document bearing a seal purporting to be that of a
federally recognized Indian tribal government or of a political
subdivision, department, officer, or agency thereof, and a
signature purporting to be an attestation or execution.
(b) A document purporting to bear the signature, in an official
capacity, of an officer or employee of any entity included in
paragraph (a) of this subsection, having no seal, if a public
officer having a seal and having official duties in the district
or political subdivision or the officer or employee certifies
under seal that the signer has the official capacity and that the
signature is genuine.
(12)(a) Any document containing data prepared or recorded by
the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E),
or pursuant to ORS 475.235 (3), if the document is produced by
data retrieval from the Law Enforcement Data System or other
computer system maintained and operated by the Oregon State
Police, and the person retrieving the data attests that the
information was retrieved directly from the system and that the
document accurately reflects the data retrieved.
(b) Any document containing data prepared or recorded by the
Oregon State Police that is produced by data retrieval from the
Law Enforcement Data System or other computer system maintained
and operated by the Oregon State Police and that is
electronically transmitted through public or private computer
networks under a digital signature adopted by the Oregon State
Police pursuant to ORS 192.825 to 192.850 if the person receiving
the data attests that the document accurately reflects the data
received.
(13) For the purposes of this section, 'signature' includes any
symbol executed or adopted by a party with present intention to
authenticate a writing.
{ + NOTE: + } Corrects series reference in (9).
SECTION 22. ORS 51.090 is amended to read:
51.090. The jurisdiction conferred by ORS 51.080 does not
extend { + to + }:
(1) An action in which the title to real property shall come in
question.
(2) An action for false imprisonment, libel, slander or
malicious prosecution.
{ + NOTE: + } Corrects syntax.
SECTION 23. ORS 52.650 is amended to read:
52.650. { - There must be no existing right of appeal from
the - } { + A + } judgment proposed as a setoff { - ; and, - }
{ + under ORS 52.640 must be final and no longer subject to
appeal. + } If the judgment was given in another court than the
one where the application is made, the party proposing the setoff
must produce the transcript of the judgment, certified by the
proper justice, which certificate shall also state how much of
the judgment remains unsatisfied and that the transcript is given
for the purpose of being a setoff against the judgment to which
it is proposed as a setoff.
{ + NOTE: + } Corrects punctuation; conforms syntax to
legislative style.
SECTION 24. ORS 58.015 is amended to read:
58.015. As used in this chapter, unless the context requires
otherwise:
(1) 'Foreign professional corporation' means a professional
corporation organized under laws other than the laws of this
state.
(2) 'License' includes a license, certificate of registration,
permit or other legal authorization required by law as a
condition precedent to the rendering of professional service or
services within this state.
(3) 'Oregon Business Corporation Act' has the same meaning
given that term in ORS 60.951.
(4) 'Practicing medicine' has the meaning given that term in
ORS 677.085.
(5) 'Professional' means:
(a) Accountants licensed under ORS 673.010 to 673.457 or the
laws of another state;
(b) Architects licensed under ORS 671.010 to 671.220 or the
laws of another state;
(c) Attorneys licensed under ORS 9.005 to 9.755 or the laws of
another state;
(d) Chiropractors licensed under ORS chapter 684 or the laws of
another state;
(e) Dentists licensed under ORS chapter 679 or the laws of
another state;
(f) Landscape architects licensed under ORS 671.310 to 671.459
{ - , 671.950 and 671.992 - } or the laws of another state;
(g) Naturopaths licensed under ORS chapter 685 or the laws of
another state;
(h) Nurse practitioners licensed under ORS 678.010 to 678.410
or the laws of another state;
(i) Psychologists licensed under ORS 675.010 to 675.150 or the
laws of another state;
(j) Physicians licensed under ORS chapter 677 or the laws of
another state;
(k) Podiatrists licensed under ORS chapter 677 or the laws of
another state;
(L) Radiologic technologists licensed under ORS 688.405 to
688.605 or the laws of another state;
(m) Real estate appraisers licensed under ORS chapter 674 or
the laws of another state; and
(n) Other persons providing to the public types of personal
service or services substantially similar to those listed in
paragraphs (a) to (m) of this subsection that may be lawfully
rendered only pursuant to a license.
(6) 'Professional corporation' or 'domestic professional
corporation' means a corporation organized under this chapter for
the specific purpose of rendering professional service or
services and for such other purposes provided under this chapter.
(7) 'Professional service' means personal service or services
rendered in this state to the public which may be lawfully
rendered only pursuant to a license by a professional.
(8) 'Regulatory board' means the governmental agency of the
State of Oregon required or authorized by law to license and
regulate the rendering of a professional service or services for
which a professional corporation is organized.
{ + NOTE: + } Deletes inappropriate reference to penalty
provisions in (5)(f).
SECTION 25. ORS 67.005 is amended to read:
67.005. As used in this chapter:
(1) 'Business' includes every trade, occupation, profession and
commercial activity.
(2) 'Debtor in bankruptcy' means a person who is the subject
of:
(a) An order for relief under Title 11 of the United States
Code or a comparable order under a successor statute of general
application; or
(b) A comparable order under federal, state or foreign law
governing insolvency.
(3) 'Dissociated partner' means a partner with respect to whom
an event specified in ORS 67.220 has occurred.
(4) 'Distribution' means a transfer of money or other property
from a partnership to a partner in the partner's capacity as a
partner or to the partner's transferee.
(5) 'Foreign limited liability partnership' means a partnership
that:
(a) Is formed under laws other than the law of this state; and
(b) Has the status of a limited liability partnership under
those laws.
(6) 'Limited liability partnership' means a partnership that
has registered under ORS 67.590, and has not registered or
qualified in any other jurisdiction other than as a foreign
limited liability partnership.
(7) 'Partnership' means an association of two or more persons
to carry on as co-owners a business for profit created under ORS
67.055, predecessor law, or comparable law of another
jurisdiction. A partnership includes a limited liability
partnership.
(8) 'Partnership agreement' means the agreement, whether
written, oral or implied, among the partners concerning the
partnership, including amendments to the partnership agreement.
(9) 'Partnership at will' means a partnership in which the
partners have not agreed to remain partners until the expiration
of a definite term or the completion of a particular undertaking.
(10) 'Partnership interest' or 'partner's interest in the
partnership' means all of a partner's interests in the
partnership, including the partner's transferable interest and
all management and other rights.
(11) 'Person' means an individual, corporation, business trust,
estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision,
agency, instrumentality or any other legal or commercial entity.
(12) 'Professional' means:
(a) Accountants licensed under ORS 673.010 to 673.457 or the
laws of another state;
(b) Architects licensed under ORS 671.010 to 671.220 or the
laws of another state;
(c) Attorneys licensed under ORS 9.005 to 9.755 or the laws of
another state;
(d) Chiropractors licensed under ORS chapter 684 or the laws of
another state;
(e) Dentists licensed under ORS chapter 679 or the laws of
another state;
(f) Landscape architects licensed under ORS 671.310 to 671.459
{ - , 671.950 and 671.992 - } or the laws of another state;
(g) Naturopaths licensed under ORS chapter 685 or the laws of
another state;
(h) Nurse practitioners licensed under ORS 678.010 to 678.410
or the laws of another state;
(i) Psychologists licensed under ORS 675.010 to 675.150 or the
laws of another state;
(j) Physicians licensed under ORS chapter 677 or the laws of
another state;
(k) Podiatrists licensed under ORS chapter 677 or the laws of
another state;
(L) Radiologic technologists licensed under ORS 688.405 to
688.605 or the laws of another state;
(m) Real estate appraisers licensed under ORS chapter 674 or
the laws of another state; and
(n) Other persons providing to the public types of personal
service or services substantially similar to those listed in
paragraphs (a) to (m) of this subsection that may be lawfully
rendered only pursuant to a license.
(13) 'Professional service' means the service rendered by a
professional.
(14) 'Property' means all property, real, personal or mixed,
tangible or intangible, or any interest therein.
(15) 'State' means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico or any territory or
insular possession subject to the jurisdiction of the United
States.
(16) 'Transfer' includes an assignment, conveyance, lease,
mortgage, deed, encumbrance, creation of a security interest and
any other disposition.
(17) 'Transferable interest of a partner in the partnership'
means the partner's share of the profits and losses of the
partnership and the partner's right to receive distributions.
{ + NOTE: + } Deletes inappropriate reference to penalty
provisions in (12)(f).
SECTION 26. ORS 79.0315 is amended to read:
79.0315. (1) Except as otherwise provided in this chapter and
in ORS 72.4030 (2):
(a) A security interest or agricultural lien continues in
collateral notwithstanding sale, lease, license, exchange or
other disposition thereof unless the secured party authorized the
disposition free of the security interest or agricultural lien;
and
(b) A security interest attaches to any identifiable proceeds
of collateral.
(2) Proceeds that are commingled with other property are
identifiable proceeds:
(a) If the proceeds are goods, to the extent provided by ORS
79.0336; and
(b) If the proceeds are not goods, to the extent that the
secured party identifies the proceeds by a method of tracing,
including application of equitable principles, that is permitted
under law other than this chapter with respect to commingled
property of the type involved.
(3) A security interest in proceeds is a perfected security
interest if the security interest in the original collateral was
perfected.
(4) A perfected security interest in proceeds becomes
unperfected on the 21st day after the security interest attaches
to the proceeds unless:
(a) The following conditions are satisfied:
(A) A filed financing statement covers the original collateral;
(B) The proceeds are collateral in which a security interest
may be perfected by filing in the office in which the financing
statement has been filed; and
(C) The proceeds are not acquired with cash proceeds;
(b) The proceeds are identifiable cash proceeds; or
(c) The security interest in the proceeds is perfected other
than under subsection (3) of this section when the security
interest attaches to the proceeds or within 20 days thereafter.
(5) If a filed financing statement covers the original
collateral, a security interest in proceeds which remains
perfected under subsection (4)(a) of this section becomes
unperfected at the later of:
(a) When the effectiveness of the filed financing statement
lapses under ORS 79.0515 { - (1) to (7) - } or is terminated
under ORS 79.0513; or
(b) The 21st day after the security interest attaches to the
proceeds.
{ + NOTE: + } Deletes unnecessary subsection reference in
(5)(a).
SECTION 27. ORS 79.0512 is amended to read:
79.0512. (1) Subject to ORS 79.0509, a person may add or delete
collateral covered by, continue or terminate the effectiveness
of, or, subject to subsection (5) of this section, otherwise
amend the information provided in, a financing statement by
filing an amendment that:
(a) Identifies, by its file number, the initial financing
statement to which the amendment relates; and
(b) If the amendment relates to an initial financing statement
filed or recorded in a filing office described in ORS 79.0501
(1)(a), provides the information specified in ORS 79.0502 (2).
(2) Except as otherwise provided in ORS 79.0515 { - (1) to
(7) - } , the filing of an amendment does not extend the period
of effectiveness of the financing statement.
(3) A financing statement that is amended by an amendment that
adds collateral is effective as to the added collateral only from
the date of the filing of the amendment.
(4) A financing statement that is amended by an amendment that
adds a debtor is effective as to the added debtor only from the
date of the filing of the amendment.
(5) An amendment is ineffective to the extent it:
(a) Purports to delete all debtors and fails to provide the
name of a debtor to be covered by the financing statement; or
(b) Purports to delete all secured parties of record and fails
to provide the name of a new secured party of record.
{ + NOTE: + } Deletes unnecessary subsection reference in
(2).
SECTION 28. ORS 79.0516 is amended to read:
79.0516. (1) Except as otherwise provided in subsection (2) of
this section, communication of a record to and receipt by a
filing office and tender of the filing fee or acceptance of the
record by the filing office constitutes filing.
(2) Filing does not occur with respect to a record that a
filing office refuses to accept because:
(a) The record is not communicated by a method or medium of
communication authorized by the filing office;
(b) An amount equal to or greater than the applicable filing
fee is not tendered;
(c) The filing office is unable to index the record because:
(A) In the case of an initial financing statement, the record
does not provide a name for the debtor;
(B) In the case of an amendment or correction statement, the
record:
(i) Does not identify the initial financing statement as
required by ORS 79.0512 or 79.0518, as applicable; or
(ii) Identifies an initial financing statement whose
effectiveness has lapsed under ORS 79.0515 { + , + } { - (1) to
(7) - } and the filing office is that described in ORS 79.0501
(1)(b);
(C) In the case of an initial financing statement that provides
the name of a debtor identified as an individual or an amendment
that provides a name of a debtor identified as an individual
which was not previously provided in the financing statement to
which the record relates, the record does not identify the
debtor's last name; or
(D) In the case of a record filed or recorded in the filing
office described in ORS 79.0501 (1)(a), the record does not
provide a sufficient description of the real property to which it
relates;
(d) In the case of an initial financing statement or an
amendment that adds a secured party of record, the record does
not provide a name and mailing address for the secured party of
record;
(e) In the case of an initial financing statement or an
amendment that provides a name of a debtor which was not
previously provided in the financing statement to which the
amendment relates, the record does not:
(A) Provide a mailing address for the debtor, unless the
initial financing statement or amendment is included in a
mortgage and the filing office is that described in ORS 79.0501
(1)(a);
(B) Indicate whether the debtor is an individual or an
organization, unless the initial financing statement or amendment
is included in a mortgage and the filing office is that described
in ORS 79.0501 (1)(a); or
(C) If the filing office is that described in ORS 79.0501
(1)(b) and the financing statement indicates that the debtor is
an organization, provide:
(i) A type of organization for the debtor;
(ii) A jurisdiction of organization for the debtor or, as an
alternative when the debtor is not a registered organization, an
indication that the debtor is not a registered organization; or
(iii) An organizational identification number for the debtor or
indicate that the debtor has none;
(f) In the case of an assignment reflected in an initial
financing statement under ORS 79.0514 (1) or an amendment filed
under ORS 79.0514 (2), the record does not provide a name and
mailing address for the assignee; or
(g) In the case of a continuation statement, the record is not
filed within the six-month period prescribed by ORS 79.0515 (4)
and the filing office is that described in ORS 79.0501 (1)(b).
(3) For purposes of subsection (2) of this section:
(a) A record does not provide information if the filing office
is unable to read or decipher the information; and
(b) A record that does not indicate that it is an amendment or
identify an initial financing statement to which it relates, as
required by ORS 79.0512, 79.0514 or 79.0518, is an initial
financing statement.
(4) A record that is communicated to and received by the filing
office with tender of the filing fee under subsection (1) of this
section, but which the filing office refuses to accept for a
reason other than one set forth in subsection (2) of this
section, is effective as a filed record except as against a
purchaser of the collateral which gives value in reasonable
reliance upon the absence of the record from the files.
{ + NOTE: + } Deletes unnecessary subsection reference and
corrects punctuation in (2)(c)(B)(ii).
SECTION 29. ORS 79.0519 is amended to read:
79.0519. (1) For each record filed in a filing office, the
filing office shall:
(a) Assign a unique number to the filed record;
(b) Create a record that bears the number assigned to the filed
record and the date and time of filing;
(c) Maintain the filed record for public inspection; and
(d) Index the filed record in accordance with subsections (3),
(4) and (5) of this section.
(2) Except as otherwise provided in subsection (9) of this
section, a file number assigned after January 1, 2004, must
include a digit that:
(a) Is mathematically derived from or related to the other
digits of the file number; and
(b) Aids the filing office in determining whether a number
communicated as the file number includes a single-digit or
transpositional error.
(3) Except as otherwise provided in subsections (4) and (5) of
this section, the filing office shall:
(a) Index an initial financing statement according to the name
of the debtor and index all filed records relating to the initial
financing statement in a manner that associates with one another
an initial financing statement and all filed records relating to
the initial financing statement; and
(b) Index a record that provides a name of a debtor which was
not previously provided in the financing statement to which the
record relates also according to the name that was not previously
provided.
(4) If a financing statement is filed as a fixture filing or
covers as-extracted collateral or timber to be cut, it must be
filed for record and the filing office shall index it:
(a) Under the names of the debtor and of each owner of record
shown on the financing statement as if they were the mortgagors
under a mortgage of the real property described; and
(b) To the extent that the law of this state provides for
indexing of records of mortgages under the name of the mortgagee,
under the name of the secured party as if the secured party were
the mortgagee thereunder, or, if indexing is by description, as
if the financing statement were a record of a mortgage of the
real property described.
(5) If a financing statement is filed as a fixture filing or
covers as-extracted collateral or timber to be cut, the filing
office shall index an assignment filed under ORS 79.0514 (1) or
an amendment filed under ORS 79.0514 (2):
(a) Under the name of the assignor as grantor; and
(b) To the extent that the law of this state provides for
indexing a record of the assignment of a mortgage under the name
of the assignee, under the name of the assignee.
(6) The filing office shall maintain a capability:
(a) To retrieve a record by the name of the debtor and by the
file number assigned to the initial financing statement to which
the record relates; and
(b) To associate and retrieve with one another an initial
financing statement and each filed record relating to the initial
financing statement.
(7) The filing office may not remove a debtor's name from the
index until one year after the effectiveness of a financing
statement naming the debtor lapses under ORS 79.0515 { - (1) to
(7) - } with respect to all secured parties of record.
(8) Except as otherwise provided in subsection (9) of this
section, the filing office shall perform the acts required by
subsections (1) to (5) of this section at the time and in the
manner prescribed by filing-office rule, but not later than two
business days after the filing office receives the record in
question or, if the record is delivered by mail, not later than
four business days after the filing office receives the record.
(9) Subsections (2) and (8) of this section do not apply to a
filing office described in ORS 79.0501 (1)(a).
{ + NOTE: + } Deletes unnecessary subsection reference in
(7).
SECTION 30. ORS 79.0522 is amended to read:
79.0522. (1) The filing office shall maintain a record of the
information provided in a filed financing statement for at least
one year after the effectiveness of the financing statement has
lapsed under ORS 79.0515 { - (1) to (7) - } with respect to
all secured parties of record. The record must be retrievable by
using the name of the debtor and by using the file number
assigned to the initial financing statement to which the record
relates.
(2) Except to the extent that a statute governing disposition
of public records provides otherwise, the filing office
immediately may destroy any written record evidencing a financing
statement. However, if the filing office destroys a written
record, it shall maintain another record of the financing
statement which complies with subsection (1) of this section.
{ + NOTE: + } Deletes unnecessary subsection reference in
(1).
SECTION 31. ORS 79.0523 is amended to read:
79.0523. (1) If a person that files a written record requests
an acknowledgment of the filing, the filing office shall send an
image of the record showing the number assigned to the record
pursuant to ORS 79.0519 (1)(a) and the date and time of the
filing of the record to the person indicated on the financing
statement or amendment as the person to whom the acknowledgment
should be sent or, if no person is so indicated, to the secured
party or the person filing the written record. However, if the
person furnishes a copy of the record to the filing office, the
filing office may instead:
(a) Note upon the copy the number assigned to the record
pursuant to ORS 79.0519 (1)(a) and the date and time of the
filing of the record; and
(b) Send the copy to the person indicated on the financing
statement or amendment as the person to whom the acknowledgment
should be sent or, if no person is so indicated, to the secured
party or the person filing the written record.
(2) If a person files a record other than a written record, the
filing office shall communicate an acknowledgment to the person
indicated on the financing statement or amendment as the person
to whom the acknowledgment should be sent or, if no person is so
indicated, to the secured party or the person filing the record.
The acknowledgment shall provide:
(a) The information in the record;
(b) The number assigned to the record pursuant to ORS 79.0519
(1)(a); and
(c) The date and time of the filing of the record.
(3) The filing office shall communicate or otherwise make
available in a record the following information to any person
that requests it:
(a) Whether there is on file on a date and time specified by
the filing office, but not a date earlier than five business days
before the filing office receives the request, any financing
statement that:
(A) Designates a particular debtor or, if the request so
states, designates a particular debtor at the address specified
in the request;
(B) Has not lapsed under ORS 79.0515 { - (1) to (7) - } with
respect to all secured parties of record; and
(C) If the request so states, has lapsed under ORS 79.0515
{ - (1) to (7) - } and a record of which is maintained by the
filing office under ORS 79.0522 (1);
(b) The date and time of filing of each financing statement;
(c) The information provided in each financing statement; and
(d) All notices of federal lien or certificates or notices
affecting a lien, if any, filed under ORS 87.806 to 87.831 for a
particular person whose name is identical to the particular
debtor named in the financing statement.
(4) In complying with its duty under subsection (3) of this
section, the filing office may communicate information in any
medium. However, if requested, the filing office shall
communicate information by issuing a record that can be admitted
into evidence in the courts of this state without extrinsic
evidence of its authenticity.
(5) The filing office described in ORS 79.0501 (1)(b) shall
perform the acts required by subsections (1) to (4) of this
section at the time and in the manner prescribed by filing-office
rule, but not later than two business days after the filing
office receives the request or, if the request is delivered by
mail, not later than four business days after the filing office
receives the request.
(6) At least every two weeks, the filing office described in
ORS 79.0501 (1)(b) shall offer to sell or license to the public
on a nonexclusive basis, in bulk, copies of all records filed in
it under ORS 79.0501 to 79.0528. The filing office shall offer
the copies of any record in the medium in which the filing office
maintains the record. The filing office may offer the copies in
additional media.
{ + NOTE: + } Deletes unnecessary subsection references in
(3)(a)(B) and (C).
SECTION 32. ORS 84.046 is amended to read:
84.046. (1) As used in this section, 'transferable record '
means an electronic record that:
(a) Would be a note under ORS chapter 73 or a document under
ORS chapter 77 if the electronic record were in writing; and
(b) The issuer of the electronic record expressly has agreed is
a transferable record.
(2) A person has control of a transferable record if a system
employed for evidencing the transfer of interests in the
transferable record reliably establishes that person as the
person to which the transferable record was issued or
transferred.
(3) A system satisfies subsection (2) of this section, and a
person is deemed to have control of a transferable record, if the
transferable record is created, stored and assigned in such a
manner that:
(a) A single authoritative copy of the transferable record
exists that is unique, identifiable and, except as otherwise
provided in paragraphs (d), (e) and (f) of this subsection,
unalterable;
(b) The authoritative copy identifies the person asserting
control as:
(A) The person to which the transferable record was issued; or
(B) If the authoritative copy indicates that the transferable
record has been transferred, the person to which the transferable
record was most recently transferred;
(c) The authoritative copy is communicated to and maintained by
the person asserting control or its designated custodian;
(d) Copies or revisions that add or change an identified
assignee of the authoritative copy can be made only with the
consent of the person asserting control;
(e) Each copy of the authoritative copy and any copy of a copy
is readily identifiable as a copy that is not the authoritative
copy; and
(f) Any revision of the authoritative copy is readily
identifiable as authorized or unauthorized.
(4) Except as otherwise agreed, a person having control of a
transferable record is the holder, as defined in ORS 71.2010, of
the transferable record and has the same rights and defenses as a
holder of an equivalent record or writing under the Uniform
Commercial Code, including, if the applicable statutory
requirements under ORS 73.0302 (1), 77.5010 or { - 79.3080 - }
{ + 79.0330 + } are satisfied, the rights and defenses of a
holder in due course, a holder to which a negotiable document of
title has been duly negotiated or a purchaser, respectively.
Delivery, possession and indorsement are not required to obtain
or exercise any of the rights under this subsection.
(5) Except as otherwise agreed, an obligor under a transferable
record has the same rights and defenses as an equivalent obligor
under equivalent records or writings under the Uniform Commercial
Code.
(6) If requested by a person against which enforcement is
sought, the person seeking to enforce the transferable record
shall provide reasonable proof that the person is in control of
the transferable record. Proof may include access to the
authoritative copy of the transferable record and related
business records sufficient to review the terms of the
transferable record and to establish the identity of the person
having control of the transferable record.
{ + NOTE: + } Deletes reference to repealed section and
inserts equivalent citation in (4).
SECTION 33. ORS 90.150 is amended to read:
90.150. { - Where - } { + When + } this chapter requires
actual notice, service or delivery of that notice shall be
executed by one or more of the following methods:
(1) Verbal notice that is given personally to the landlord or
tenant or left on the landlord's or tenant's telephone answering
device { - ; - } { + . + }
(2) Written notice that is personally delivered to the landlord
or tenant, left at the landlord's rental office, sent by
facsimile to the landlord's residence or rental office or to the
tenant's dwelling unit, or attached in a secure manner to the
main entrance of the landlord's residence or tenant's dwelling
unit { - ; - } { + . + }
(3) Written notice that is delivered by first class mail to the
landlord or tenant. If the notice is mailed, the notice shall be
considered served three days after the date the notice was mailed
{ - ; or - } { + . + }
(4) Any other method reasonably calculated to achieve actual
receipt of notice, as agreed to and described in a written rental
agreement.
{ + NOTE: + } Corrects syntax; conforms subsection
punctuation to legislative style.
SECTION 34. ORS 92.016 is amended to read:
92.016. (1) No person shall sell any lot in any subdivision
with respect to which approval is required by any ordinance or
regulation adopted under ORS 92.044 and 92.048 until such
approval is obtained. No person shall negotiate to sell any lot
in a subdivision until a tentative plan has been approved.
(2) A person may negotiate to sell any parcel in a partition
with respect to which approval of a tentative plan is required by
any ordinance or regulation adopted under ORS 92.044 or 92.046,
respectively, prior to the approval of the tentative plan for the
partition { - ; - } { + , + } but no person may sell any parcel
in a partition for which approval of a tentative plan is required
by any ordinance or regulation adopted under ORS 92.044 or
92.046, respectively, prior to such approval.
{ + NOTE: + } Corrects punctuation in (2).
SECTION 35. ORS 93.160 is amended to read:
93.160. { - Where - } { + When + } real property has been
devised to a person for life, and in case of the death of the
life tenant without leaving lawful issue born alive and living at
the time of death, then to other heirs of the testator, a
conveyance to the life tenant from all reversioners or
{ - remaindermen - } { + remainderpersons + } and all issue of
the life tenant as are in being, of all their interest in the
real property, vests a fee simple estate in the life tenant.
{ + NOTE: + } Corrects word choice; eliminates
gender-specific term.
SECTION 36. ORS 93.810 is amended to read:
93.810. The following are subjects of validating or curative
Acts applicable to this chapter:
(1) Evidentiary effect and recordation of conveyances before
1854.
(2) Evidentiary effect and recordation of certified copies of
deeds issued by State Land Board prior to 1885 where original
deed was lost.
(3) Defective acknowledgments of married women to conveyances
prior to 1891.
(4) Foreign instruments executed prior to 1903.
(5) Deeds of married women before 1907, validity; executed
under power of attorney and record as evidence.
(6) Conveyances by reversioners and { - remaindermen - }
{ + remainderpersons + } to life tenant.
(7) Decrees affecting lands in more than one county.
(8) Irregular deeds and conveyances; defective acknowledgments;
irregularities in judicial sales; sales and deeds of executors,
administrators, conservators and guardians; vested rights arising
by adverse title; recordation { - , - } { + . + }
(9) Defective acknowledgments.
(10) Title to lands from or through aliens.
{ + NOTE: + } Eliminates gender-specific term in (6);
corrects punctuation in (8).
SECTION 37. ORS 94.823 is amended to read:
94.823. A developer shall submit a notice to the Real Estate
Commissioner informing the commissioner of the developer's intent
to sell timeshares in Oregon. The form and content of the notice
shall be established by rule by the commissioner, but shall
include at least:
(1) The name and business and residence { - address - }
{ + addresses + } of:
(a) The developer;
(b) The developer's agent;
(c) The designated managing entity; and
(d) Any person selling the timeshare plan within Oregon.
(2) An explanation of the timeshare form of ownership to be
offered under the timeshare plan.
(3) A general description of the timeshare plan, including the
number of timeshares to be offered under the timeshare plan and
the number and description of the accommodations and facilities.
(4) A complete description, including a copy of all necessary
implementing documents, of the methods to be used by the
developer to comply with the requirements of ORS 92.325, 92.425,
94.570, 94.803 to 94.945, 100.005, 100.105, 100.200, 100.450 and
696.490.
(5) A title report for the real property underlying the
timeshare plan, acceptable to the commissioner and including a
statement of any lien, defect, judgment or other encumbrance
affecting title to the property.
(6) A copy of any judgment against the developer or managing
entity, the status of any pending suit that is material to the
timeshare plan to which the developer or managing entity is a
party and the status of any other suit that is material to the
timeshare plan of which the developer has actual knowledge.
(7) A description of any insurance coverage provided for the
benefit of a purchaser or a statement that no insurance coverage
is provided.
(8) The name and address of the accommodations and facilities
and the schedule for completing any improvements not complete at
the time of filing.
(9) The financial obligation of a purchaser, excluding the
initial purchase price and including:
(a) Additional charges and common expenses to which the
purchaser may be subject, whether or not in the form of an
assessment; and
(b) An estimated operating budget and schedule of estimated
common expenses.
(10) A copy of the timeshare instrument or notice of timeshare
plan as required under ORS 94.818.
(11) A copy of any contract, lease or timeshare agreement to be
signed by the purchaser.
(12) A copy of the rules, limitations or conditions on the use
of accommodations or facilities available to purchasers.
(13) Any restriction on the transfer of any timeshare.
(14) If any portion of the timeshare property is located
outside the state, proof that the developer has recorded the
notice of timeshare plan as required under ORS 94.833 (1).
(15) Any other information the commissioner may determine is
necessary.
{ + NOTE: + } Corrects word choice in (1).
SECTION 38. ORS 94.846 is amended to read:
94.846. (1) Before the closing of the first timeshare sale the
developer shall designate a managing entity, which may be the
developer, the owners' association, a trust, a management firm or
an individual.
(2) The managing entity shall act as a fiduciary to each
timeshare owner.
(3) The managing entity shall be responsible for:
(a) Managing and maintaining all accommodations and facilities
of the timeshare plan.
(b) Collecting any assessment for common expenses.
(c) Providing each owner with an itemized annual budget
including all receipts and expenditures.
(d) Maintaining all books and records concerning the timeshare
plan on the timeshare property and making the books and records
available for inspection by an owner.
(e) Making the books and records of the timeshare plan
available for inspection by the Real Estate Agency.
(f) Scheduling occupancy of accommodations if each owner does
not acquire a specific timeshare period so that each owner
receives the use of the timeshare plan's accommodations and
facilities to which the owner is entitled.
(g) Performing all other duties necessary to maintain the
accommodations or facilities as provided in any management
contract or other agreement.
(h) Acting as agent for the owners for purposes of real
property taxation, including collection and payment of real
property taxes.
(i) Hiring and supervising an employee or agent to perform a
function described in paragraphs (a) to (h) of this subsection.
(4) After giving the managing entity reasonable notice, a
timeshare owner may require the managing entity to provide the
{ - name - } { + names + } and { - address - }
{ + addresses + } of all other timeshare owners in the timeshare
plan. The managing entity may require the payment of a reasonable
fee for reproduction costs.
(5) Unless expressly prohibited by the timeshare instrument,
the managing entity shall have the authority to execute,
acknowledge, deliver and record on behalf of the timeshare
owners, an easement, right of way, license and any other similar
interest affecting the timeshare property if the interest is
beneficial and not materially detrimental to the timeshare plan.
(6) The instrument granting an interest under subsection (5) of
this section shall be executed by the managing entity and
acknowledged in the manner provided for acknowledgment of deeds
under ORS 93.410.
(7) For the purpose of transferring or otherwise disposing of
all or any portion of the accommodations and facilities in the
timeshare plan upon termination of the plan, the managing entity
shall be the attorney-in-fact for each owner. Any transfer or
disposition will be effective if the managing entity executes and
acknowledges the written transfer instrument.
{ + NOTE: + } Corrects word choice in (4).
SECTION 39. ORS 94.853 is amended to read:
94.853. (1) Until the closing of the first timeshare sale the
developer shall pay all common expenses.
(2) After the closing of the first timeshare sale, the managing
entity shall charge an annual assessment for the payment of
common expenses based on the projected annual budget. The
assessment shall be against:
(a) Each owner in the proportion specified in the timeshare
instrument and the developer for the share allocated to all
timeshare periods still owned by the developer at the time the
assessment is made; { - or - }
(b) As provided in paragraph (a) of this subsection, except
that the developer shall also pay that portion of the total
assessment not paid by any owner, if the developer guarantees
payment of all common expenses of the timeshare plan under the
provisions of the timeshare instrument; or
(c) The developer for the total assessment if the developer
agrees to pay all common expenses of the timeshare plan under the
provisions of the timeshare instrument.
(3) Unless otherwise specified in the timeshare instrument,
past due assessments shall bear interest at the legal rate.
{ + NOTE: + } Deletes superfluous conjunction in (2)(a).
SECTION 40. ORS 101.060 is amended to read:
101.060. (1) A provider shall establish and maintain at all
times:
(a) A debt service liquid reserve in an amount equal to or
exceeding the total of all principal and interest payments due
during the next 12 months on account of a mortgage loan or other
long term financing of the continuing care retirement community
taking into consideration any anticipated refinancing; and
(b) An operating liquid reserve in an amount equal to or
exceeding the total of the community's projected operating
expenses for three months.
(2) The Department of Human Services may require a provider not
meeting its reserve requirements to place the reserves in an
escrow account.
(3) The notes to the provider's annual audited financial
statements shall state whether or not the reserve requirements
have been met.
(4) The department may allow withdrawal or borrowing from the
reserves in an amount not greater than 20 percent of the
provider's total reserves. The withdrawal or borrowing can be
approved by the department only if required for making an
emergency repair or replacement of equipment, to cover
catastrophic loss that is not able to be covered by insurance or
for debt service in a potential default situation. No withdrawal
or borrowing may be made from a reserve without the approval of
the department. All funds borrowed shall be repaid to the reserve
within 18 months in accordance with a payment plan approved by
the department.
{ - (5) Providers, whose residents occupy the continuing care
retirement community on or before January 1, 1990, shall
establish the reserves required in subsection (1) of this section
in annual increments, with full funding to be completed on or
before January 1, 2000. - }
{ + NOTE: + } Expunges obsolete subsection.
SECTION 41. ORS 107.135 is amended to read:
107.135. (1) The court may at any time after a decree of
annulment or dissolution of marriage or of separation is granted,
upon the motion of either party and after service of notice on
the other party in the manner provided by ORCP 7, and after
notice to the Division of Child Support when required pursuant to
subsection (8) of this section:
(a) Set aside, alter or modify so much of the decree as may
provide for the appointment and duties of trustees, for the
custody, parenting time, visitation, support and welfare of the
minor children and the children attending school, as defined in
ORS 107.108, including any provisions for health or life
insurance, or for the support of a party or for life insurance
under ORS 107.820 or 107.830;
(b) Make an order, after service of notice to the other party,
providing for the future custody, support and welfare of minor
children residing in the state, who, at the time the decree was
given, were not residents of the state, or were unknown to the
court or were erroneously omitted from the decree;
(c) Terminate a duty of support toward any minor child who has
become self-supporting, emancipated or married;
(d) { - Notwithstanding section 84 (2), chapter 827, Oregon
Laws 1973, and - } After service of notice on the child in the
manner provided by law for service of a summons, suspend future
support for any child who has ceased to be a child attending
school as defined in ORS 107.108; and
(e) Set aside, alter or modify so much of the decree as may
provide for a property award based on the enhanced earning
capacity of a party that was awarded before October 23, 1999. A
property award may be set aside, altered or modified under this
paragraph:
(A) When the person with the enhanced earning capacity makes a
good faith career change that results in less income;
(B) When the income of the person with the enhanced earning
capacity decreases due to circumstances beyond the person's
control; or
(C) Under such other circumstances as the court deems just and
proper.
(2) In a proceeding under this section to reconsider the
spousal or child support provisions of the decree, the following
provisions apply:
(a) A substantial change in economic circumstances of a party,
which may include, but is not limited to, a substantial change in
the cost of reasonable and necessary expenses to either party, is
sufficient for the court to reconsider its order of support,
except that an order of compensatory spousal support may only be
modified upon a showing of an involuntary, extraordinary and
unanticipated change in circumstances that reduces the earning
capacity of the paying spouse.
(b) If the decree provided for a termination or reduction of
spousal support at a designated age in anticipation of the
commencement of pension, social security or other entitlement
payments, and if the obligee is unable to obtain the anticipated
entitlement payments, that inability is sufficient change in
circumstances for the court to reconsider its order of support.
(c) If social security is considered in lieu of spousal support
or partial spousal support, the court shall determine the amount
of social security the party is eligible to collect. The court
shall take into consideration any pension, retirement or other
funds available to either party to effect an equitable
distribution between the parties and shall also take into
consideration any reduction of entitlement caused by taking early
retirement.
(3) In considering under this section whether a change in
circumstances exists sufficient for the court to reconsider
spousal or child support provisions of a decree, the following
provisions apply:
(a) The court or administrator, as defined in ORS 25.010, shall
consider income opportunities and benefits of the respective
parties from all sources, including but not limited to:
(A) The reasonable opportunity of each party, the obligor and
obligee respectively, to acquire future income and assets.
(B) Retirement benefits available to the obligor and to the
obligee.
(C) Other benefits to which the obligor is entitled, such as
travel benefits, recreational benefits and medical benefits,
contrasted with benefits to which the obligee is similarly
entitled.
(D) Social Security benefits received on behalf of a child due
to a parent's disability or retirement if the benefits:
(i) Were not previously considered in the child support order;
or
(ii) Were considered in an action initiated before March 1,
1999.
(E) Veterans' benefits received on behalf of a child due to a
parent's disability or retirement if the benefits:
(i) Were not previously considered in the child support order;
or
(ii) Were considered in an action initiated before October 23,
1999.
(b) If the motion for modification is one made by the obligor
to reduce or terminate support, and if the obligee opposes the
motion, the court shall not find a change in circumstances
sufficient for reconsideration of support provisions, if the
motion is based upon a reduction of the obligor's financial
status resulting from the obligor's taking voluntary retirement,
partial voluntary retirement or any other voluntary reduction of
income or self-imposed curtailment of earning capacity, if it is
shown that such action of the obligor was not taken in good faith
but was for the primary purpose of avoiding the support
obligation. In any subsequent motion for modification, the court
shall deny the motion if the sole basis of the motion for
modification is the termination of voluntarily taken retirement
benefits and the obligor previously has been found not to have
acted in good faith.
(c) The court shall consider the following factors in deciding
whether the actions of the obligor were not in 'good faith':
(A) Timing of the voluntary retirement or other reduction in
financial status to coincide with court action in which the
obligee seeks or is granted an increase in spousal support.
(B) Whether all or most of the income producing assets and
property were awarded to the obligor, and spousal support in lieu
of such property was awarded to the obligee.
(C) Extent of the obligor's dissipation of funds and assets
prior to the voluntary retirement or soon after filing for the
change of circumstances based on retirement.
(D) If earned income is reduced and absent dissipation of funds
or large gifts, whether the obligor has funds and assets from
which the spousal support could have been paid.
(E) Whether the obligor has given gifts of substantial value to
others, including a current spouse, to the detriment of the
obligor's ability to meet the preexisting obligation of spousal
support.
(4) Upon terminating a duty of spousal support, a court shall
make specific findings of the basis for the termination and shall
include the findings in the judgment order.
(5) Any modification of spousal support granted because of a
change of circumstances may be ordered effective retroactive to
the date the motion for modification was filed or to any date
thereafter.
(6) The decree is a final judgment as to any installment or
payment of money that has accrued up to the time either party
makes a motion to set aside, alter or modify the decree, and the
court does not have the power to set aside, alter or modify such
decree, or any portion thereof, that provides for any payment of
money, either for minor children or the support of a party, that
has accrued prior to the filing of such motion. However:
(a) The court may allow a credit against child support
arrearages for periods of time, excluding reasonable parenting
time unless otherwise provided by order or decree, during which
the obligated parent has physical custody of the child with the
knowledge and consent of the custodial parent; and
(b) The court or the administrator, as defined in ORS 25.010,
may allow, as provided in the rules of the Child Support Program,
a credit against child support arrearages for any Social Security
or Veterans' benefits paid retroactively to the child, or to a
representative payee administering the funds for the child's use
and benefit, as a result of a parent's disability or retirement.
(7) In a proceeding under subsection (1) of this section, the
court may assess against either party a reasonable attorney fee
and costs for the benefit of the other party. If a party is found
to have acted in bad faith, the court shall order that party to
pay a reasonable attorney fee and costs of the defending party.
(8) Whenever a motion to establish, modify or terminate child
support or satisfy or alter support arrearages is filed and the
child support rights of one of the parties or of a child of both
of the parties have been assigned to the state, a true copy of
the motion shall be served by mail or personal delivery on the
Administrator of the Division of Child Support of the Department
of Justice or on the branch office providing support services to
the county in which the motion is filed.
(9)(a) Except as provided in ORS 109.701 to 109.834, the courts
of Oregon, having once acquired personal and subject matter
jurisdiction in a domestic relations action, retain such
jurisdiction regardless of any change of domicile.
(b) The courts of Oregon, in a proceeding to establish, enforce
or modify a child support order, shall recognize the provisions
of the federal Full Faith and Credit for Child Support Orders Act
(28 U.S.C. 1738B).
(10) In a proceeding under this section to reconsider
provisions in a decree relating to custody or parenting time, the
court may consider repeated and unreasonable denial of, or
interference with, parenting time to be a substantial change of
circumstances.
(11) Within 30 days after service of notice under subsection
(1) of this section, the party served shall file a written
response with the court.
(12)(a) It is the policy of this state:
(A) To encourage the settlement of cases brought under this
section; and
(B) For courts to enforce the terms of settlements described in
paragraph (b) of this subsection to the fullest extent possible,
except when to do so would violate the law or would clearly
contravene public policy.
(b) In a proceeding under subsection (1) of this section, the
court may enforce the terms set forth in a stipulated order or
judgment signed by the parties, an order or judgment resulting
from a settlement on the record or an order or judgment
incorporating a settlement agreement:
(A) As contract terms using contract remedies;
(B) By imposing any remedy available to enforce an order or
judgment, including but not limited to contempt; or
(C) By any combination of the provisions of subparagraphs (A)
and (B) of this paragraph.
(c) A party may seek to enforce an agreement and obtain
remedies described in paragraph (b) of this subsection by filing
a motion, serving notice on the other party in the manner
provided by ORCP 7 and, if a remedy under paragraph (b)(B) of
this subsection is sought, complying with the statutory
requirements for that remedy. All claims for relief arising out
of the same acts or omissions must be joined in the same
proceeding.
(d) Nothing in paragraph (b) or (c) of this subsection limits a
party's ability, in a separate proceeding, to file a motion to
modify an order or judgment under subsection (1) of this section
or to seek enforcement of an ancillary agreement to the order or
judgment.
{ + NOTE: + } Deletes antiquated session law reference in
(1)(d).
SECTION 42. ORS 107.725 is amended to read:
107.725. The court may renew an order entered under ORS 107.716
or 107.718 upon a finding that a person in the petitioner's
situation would reasonably fear further acts of abuse by the
respondent if the order is not renewed. A finding that there has
been a further act of abuse is not required. A court may renew an
order on the basis of a sworn, ex parte petition alleging facts
supporting the required finding. If the renewal order is granted,
the provisions of ORS 107.716 (4) and 107.718 (6) to (8) apply
except that the court may hear no issue other than the basis for
renewal unless requested in the hearing request form and
thereafter agreed to by the petitioner. The court shall hold a
hearing required under this section within 21 days after the
respondent's request. { - The provisions of this section apply
to any order entered under ORS 107.716 or 107.718 that is in
effect on August 15, 1997. - }
{ + NOTE: + } Deletes obsolete applicability language.
SECTION 43. ORS 113.095 is amended to read:
113.095. A person is not qualified to act as personal
representative { - who - } { + if the person + } is:
(1) An incompetent.
(2) A minor.
(3) A person suspended for misconduct or disbarred from the
practice of law, during the period of suspension or disbarment.
(4) A person who has resigned from the Oregon State Bar when
charges of professional misconduct are under investigation or
when disciplinary proceedings are pending against the person,
until the person is reinstated.
(5) A licensed funeral service practitioner unless the decedent
{ - is - } { + was + }:
(a) A { - deceased - } relative of the licensed funeral
service practitioner; or
(b) A { - deceased - } licensed funeral service practitioner
who was a partner, employee or employer in the practice of the
licensed funeral service practitioner who is petitioning for
appointment as personal representative.
{ + NOTE: + } Corrects syntax in lead-in; excises
redundancies in (5).
SECTION 44. ORS 113.145 is amended to read:
113.145. (1) Upon appointment a personal representative shall
deliver or mail to the devisees, heirs and the persons described
in ORS 113.035 (7) who were required to be named in the petition
for appointment of a personal representative, at the addresses
therein shown, information that shall include:
(a) The title of the court in which the estate proceeding is
pending and the clerk's file number;
(b) The name of the decedent and the place and date of the
death of the decedent;
(c) Whether or not a will of the decedent has been admitted to
probate;
(d) The name and address of the personal representative and the
attorney of the personal representative;
(e) The date of the appointment of the personal representative;
(f) A statement advising the devisee, heir or other interested
person that the rights of the devisee, heir or other interested
person may be affected by the proceeding and that additional
information may be obtained from the records of the court, the
personal representative or the attorney for the personal
representative; and
(g) If information under this section is required to be
delivered or mailed to a person described in ORS 113.035 (7), a
statement that the rights of the person in the estate may be
barred unless the person proceeds as provided in ORS 113.075
within four months of the delivery or mailing of the information.
(2) If the personal representative is a devisee, heir or other
interested person named in the petition the personal
representative is not required to deliver or mail the information
under this section to the personal representative.
(3) The failure of the personal representative to give
information under this section is a breach of duty to the persons
concerned, but does not affect the validity of appointment,
duties or powers or the exercise of duties or powers.
(4) Within 30 days after the date of appointment a personal
representative shall cause to be filed in the estate proceeding
proof by an affidavit of the delivery or mailing required by this
section or a waiver of notice as provided under ORS 111.225. The
affidavit shall include a copy of the information delivered or
mailed and the names of the persons to whom it was delivered or
mailed.
(5) If before the filing of the final account the personal
representative has actual knowledge that the petition did not
include the name and address of any person described in ORS
113.035 (4), (5), (6) or (7), the personal representative shall:
(a) Make reasonable efforts under the circumstances to
ascertain each of those names and addresses;
(b) Promptly deliver or mail information as described in
subsection (1) of this section to each of those persons located
after the filing of the petition and before the filing of the
final account; and
(c) File in the estate proceeding, on or before filing the
final account under ORS 116.083, proof by affidavit of compliance
with this subsection or a waiver of notice as provided under ORS
111.225.
(6) Within 30 days after the appointment of a personal
representative, the personal representative must mail or deliver
the information specified in subsection (1) of this section and a
copy of the death certificate of the decedent to { - the Estate
Administration Unit within - } the Department of Human Services.
{ + NOTE: + } Reflects statutory agency naming scheme in (6).
SECTION 45. ORS 128.266 is amended to read:
128.266. (1) Within three months after a petition is entered in
the register of the court under ORS 128.258, or within such
longer time as the court allows, a trustee must make reasonably
diligent efforts to investigate the financial records and affairs
of the grantor and to take such further actions as are reasonably
necessary to ascertain the identity and address of each person
who has or asserts a claim against the trust estate. The court
shall allow the trustee as much time as requested by the trustee
for the purpose of determining the claims against the trust
estate. The trustee must thereafter cause to be delivered or
mailed a notice containing the information required in subsection
(2) of this section to each person known by the trustee to have
or to assert a claim against the trust estate and to { - the
Estate Administration Unit of - } the Department of Human
Services. Notice under this section is not required for any claim
that has already been presented, accepted or paid in full or on
account of a claim that is merely conjectural.
(2) The notice required by this section must include:
(a) The name and Social Security number of the grantor;
(b) The name of the trustee and the address at which claims
must be presented;
(c) A statement that claims against the trust estate that are
not presented to the trustee within 30 days after the date of the
notice may be barred;
(d) The date of the notice, which shall be the date on which
the notice is delivered or mailed; and
(e) A copy of the grantor's death certificate.
{ + NOTE: + } Reflects statutory agency naming scheme in (1).
SECTION 46. ORS 128.876 is amended to read:
128.876. The Attorney General shall make rules as to the filing
and execution of reports and registration statements required by
ORS { - 97.992, - } 128.610 to 128.650, 128.680, 128.710,
128.801 to 128.899, 128.995 and 646.608 and to the contents
thereof. The Attorney General may make additional rules and amend
existing rules as necessary for the proper administration of the
Charitable Solicitations Act.
{ + NOTE: + } Deletes inappropriate ORS reference.
SECTION 47. ORS 129.025 is amended to read:
129.025. As used in ORS 116.007 and 129.005 to 129.125:
(1) 'Income beneficiary' means the person to whom income is
presently payable or for whom it is accumulated for distribution
as income.
(2) 'Inventory value' means the cost of property purchased by
the trustee and the market value of other property at the time it
became subject to the trust, but in the case of a testamentary
trust the trustee may use any value finally determined for the
purposes of an estate or inheritance tax.
(3) { - ' Remainderman' - } { + ' Remainderperson' + }
means the person entitled to principal, including income which
has been accumulated and added to principal.
(4) 'Trustee' means an original trustee and any successor or
added trustee.
{ + NOTE: + } Eliminates gender-specific term in (3).
SECTION 48. ORS 129.035 is amended to read:
129.035. (1) Income is the return in money or property derived
from the use of principal, including return received as:
(a) Rent of real or personal property, including sums received
for cancellation or renewal of a lease;
(b) Interest on money lent, including sums received as
consideration for the privilege of prepayment of principal except
as provided in ORS 129.075 on bond premium and bond discount;
(c) Income earned during administration of a decedent's estate
as provided in ORS 116.007;
(d) Corporate distributions as provided in ORS 129.065;
(e) Accrued increment on bonds or other obligations issued at
discount as provided in ORS 129.075;
(f) Receipts from business and farming operations as provided
in ORS 129.085;
(g) Receipts from principal subject to depletion as provided in
ORS 129.100; and
(h) Receipts from disposition of underproductive property as
provided in ORS 129.105.
(2) Principal is the property which has been set aside by the
owner or the person legally empowered so that it is held in trust
eventually to be delivered to a { - remainderman - }
{ + remainderperson + } while the return or use of the principal
is in the meantime taken or received by or held for accumulation
for an income beneficiary. Principal includes:
(a) Consideration received by the trustee on the sale or other
transfer of principal or on repayment of a loan or as a refund or
replacement or change in the form of principal;
(b) Proceeds of property taken on eminent domain proceedings;
(c) Proceeds of insurance upon property forming part of the
principal, except proceeds of insurance upon a separate interest
of an income beneficiary;
(d) Stock dividends, receipts on liquidation of a corporation,
and other corporate distributions as provided in ORS 129.065;
(e) Receipts from the disposition of corporate securities as
provided in ORS 129.075;
(f) Receipts from disposition of natural resources as provided
in ORS 129.090;
(g) Receipts from principal subject to depletion as provided in
ORS 129.100;
(h) Any profit resulting from any change in the form of
principal, except as provided in ORS 129.105 on underproductive
property;
(i) Receipts from disposition of underproductive property as
provided in ORS 129.105; and
(j) Any allowances for depreciation established under ORS
129.085.
(3) After determining income and principal in accordance with
the terms of the trust instrument or of ORS 116.007 and 129.005
to 129.125, the trustee shall charge to income or principal
expenses and other charges as provided in ORS 129.115.
{ + NOTE: + } Eliminates gender-specific term in (2).
SECTION 49. ORS 129.045 is amended to read:
129.045. (1) A trust shall be administered with due regard to
the respective interests of income beneficiaries and
{ - remaindermen - } { + remainderpersons + }. A trust is so
administered with respect to the allocation of receipts and
expenditures if a receipt is credited or an expenditure is
charged to income or principal or partly to each:
(a) In accordance with the terms of the trust instrument,
notwithstanding contrary provisions of ORS 116.007 and 129.005 to
129.125;
(b) In the absence of any contrary terms of the trust
instrument, in accordance with the provisions of ORS 116.007 and
129.005 to 129.125; or
(c) If neither of the preceding rules of administration is
applicable, in accordance with what is reasonable and equitable
in view of the interests of those entitled to income as well as
of those entitled to principal, and in view of the manner in
which persons of ordinary prudence, discretion and judgment would
act in the management of their own affairs.
(2) If the trust instrument gives the trustee discretion in
crediting a receipt or charging an expenditure to income or
principal or partly to each, no inference of imprudence or
partiality arises from the fact that the trustee has made an
allocation contrary to a provision of ORS 116.007 and 129.005 to
129.125.
{ + NOTE: + } Eliminates gender-specific term in (1).
SECTION 50. ORS 129.115 is amended to read:
129.115. (1) The following charges shall be made against
income:
(a) Ordinary expenses incurred in connection with the
administration, management, or preservation of the trust
property, including regularly recurring taxes, except deferred
real property taxes, assessed against any portion of the
principal, water rates, premiums on insurance taken upon the
interests of the income beneficiary, { - remainderman - } { +
remainderperson + }, or trustee, interest paid by the trustee,
and ordinary repairs;
(b) One-half of court costs, attorney fees, and other fees on
periodic judicial accounting, unless the court directs otherwise;
(c) Court costs, attorney fees, and other fees on other
accountings or judicial proceedings if the matter primarily
concerns the income interest, unless the court directs otherwise;
(d) One-half of the trustee's regular compensation, whether
based on a percentage of principal or income, and all expenses
reasonably incurred for current management of principal and
application of income, except that this allocation shall not be
required if the trustee determines that some other allocation is
reasonable and equitable in view of the interests of those
entitled to income as well as those entitled to principal, and in
view of the manner in which persons of ordinary prudence,
discretion and judgment would act in the management of their own
affairs; and
(e) Any tax levied upon receipts defined as income under ORS
116.007 and 129.005 to 129.125 or the trust instrument and
payable by the trustee.
(2) If charges against income are of unusual amount, the
trustee may by means of reserves or other reasonable means charge
them over a reasonable period of time and withhold from
distribution sufficient sums to regularize distributions.
(3) The following charges shall be made against principal:
(a) Trustee's compensation not chargeable to income under
subsection (1)(c) and (d) of this section, special compensation
of trustees, expenses reasonably incurred in connection with
principal, including real property taxes deferred by reason of
application of the life tenant or trustee or by reason of land
use deferrals, court costs and attorney fees primarily concerning
matters of principal, and trustee's compensation computed on
principal as an acceptance, distribution, or termination fee;
(b) Charges not provided for in subsection (1) of this section,
including the cost of investing and reinvesting principal, the
payments on principal of an indebtedness (including a mortgage
amortized by periodic payments of principal), expenses for
preparation of property for rental or sale, and, unless the court
directs otherwise, expenses incurred in maintaining or defending
any action to construe the trust or protect it or the property or
assure the title of any trust property;
(c) Extraordinary repairs or expenses incurred in making a
capital improvement to principal, including special assessments,
but a trustee may establish an allowance for depreciation out of
income to the extent permitted by ORS 129.085;
(d) Any tax levied upon profit, gain, or other receipts
allocated to principal notwithstanding denomination of the tax as
an income tax by the taxing authority; and
(e) If an estate or inheritance tax is levied in respect of a
trust in which both an income beneficiary and a
{ - remainderman - } { + remainderperson + } have an interest,
any amount apportioned to the trust, including interest and
penalties, even though the income beneficiary also has rights to
the principal.
(4) Regularly recurring charges payable from income shall be
apportioned to the same extent and in the same manner that income
is apportioned under ORS 129.055.
{ + NOTE: + } Eliminates gender-specific term in (1)(a) and
(3)(e).
SECTION 51. Section 1, chapter 666, Oregon Laws 2001, is
amended to read:
{ + Sec. 1. + } As used in sections 1 to 18 { + , chapter
666, Oregon Laws 2001, + } { - of this 2001 Act, - } unless
the context requires otherwise:
(1) 'Acquiesce in prohibited conduct' means that a person knew
of the prohibited conduct and knowingly failed to take reasonable
action under the circumstances to terminate or avoid the use of
the property in the course of prohibited conduct. For purposes of
this subsection, 'reasonable action under the circumstances'
includes, but is not limited to:
(a) Reporting the prohibited conduct to a law enforcement
agency;
(b) Commencing action that will assert the rights of the
affiant as to the property interest;
(c) Terminating a rental agreement; or
(d) Seeking an abatement order under the provisions of ORS
105.505 to 105.520 or 105.550 to 105.600, or under any ordinance
or regulation allowing abatement of nuisances.
(2) 'All persons known to have an interest' means:
(a) Any person who has, prior to the time the property is
seized for criminal forfeiture, filed notice of interest with any
public office as may be required or permitted by law to be filed
with respect to the property that has been seized for criminal
forfeiture;
(b) Any person from whose custody the property was seized; or
(c) Any person who has an interest in the property, including
all owners and occupants of the property, whose identity and
address is known or is ascertainable upon diligent inquiry and
whose rights and interest in the property may be affected by the
action.
(3) 'Attorney fees' has the meaning given that term in ORCP 68
A.
(4) 'Financial institution' means any person lawfully
conducting business as:
(a) A financial institution or trust company, as those terms
are defined in ORS 706.008;
(b) A consumer finance company subject to the provisions of ORS
chapter 725;
(c) A mortgage banker or a mortgage broker as those terms are
defined in ORS 59.840, a mortgage servicing company or other
mortgage company;
(d) An officer, agency, department or instrumentality of the
federal government, including but not limited to:
(A) The Secretary of Housing and Urban Development;
(B) The Federal Housing Administration;
(C) The { - Veterans Administration - } { + Department of
Veterans Affairs + };
(D) The Farmers Home Administration;
(E) The Federal National Mortgage Association;
(F) The Government National Mortgage Association;
(G) The Federal Home Loan Mortgage Association;
(H) The Federal Agricultural Mortgage Corporation; and
(I) The Small Business Administration;
(e) An agency, department or instrumentality of this state,
including but not limited to:
(A) The Housing and Community Services Department;
(B) Any entity established by the Director of Veterans' Affairs
to carry out the provisions of ORS chapter 407; and
(C) The Public Employees Retirement System;
(f) An agency, department or instrumentality of any
municipality in this state, including but not limited to such
agencies as the Portland Development Commission;
(g) An insurer as defined in ORS 731.106;
(h) A private mortgage insurance company;
(i) A pension plan or fund or other retirement plan; and
(j) A broker-dealer or investment adviser representative as
defined in ORS 59.015.
(5) 'Forfeiture counsel' means an attorney designated to
represent a seizing agency in criminal forfeiture actions or
proceedings.
(6) 'Instrumentality' means property that is used or intended
for use in prohibited conduct or that facilitates prohibited
conduct.
(7) 'Law enforcement agency' means any agency that employs
police officers or prosecutes criminal cases.
(8) 'Official law enforcement use' means a use that may
reasonably be expected to result in the identification,
apprehension or conviction of criminal offenders.
(9) 'Police officer' has the meaning given that term in ORS
133.525.
(10) 'Proceeds of prohibited conduct' means property derived
directly or indirectly from, maintained by or realized through an
act or omission that constitutes prohibited conduct, and includes
any benefit, interest or property of any kind without reduction
for expenses of acquiring or maintaining it or incurred for any
other reason.
(11) 'Prohibited conduct' { + means + }:
(a) For purposes of proceeds, { - means - } a felony or a
Class A misdemeanor.
(b) For purposes of instrumentalities, { - means - } any
crime listed in section 19 { + , chapter 666, Oregon Laws
2001 + } { - of this 2001 Act - } .
(12) 'Property' means any interest in anything of value,
including the whole of any lot or tract of land and tangible and
intangible personal property, including currency, instruments or
securities or any other kind of privilege, interest, claim or
right whether due or to become due.
(13) 'Seizing agency' means a law enforcement agency that has
seized property for criminal forfeiture.
(14) 'Weapon' means any instrument of offensive or defensive
combat or anything used, or designed to be used, to destroy,
defeat or injure a person.
{ + NOTE: + } Corrects official title in (4)(d)(C); futzes
with syntax in (11).
SECTION 52. Section 19, chapter 666, Oregon Laws 2001, as
amended by section 5, chapter 696, Oregon Laws 2001, is amended
to read:
{ + Sec. 19. + } The crimes to which section 1 (11)(b),
chapter 666, Oregon Laws 2001, applies are:
(1) Bribe giving, as defined in ORS 162.015.
(2) Bribe receiving, as defined in ORS 162.025.
(3) Public investment fraud, as defined in ORS 162.117.
(4) Bribing a witness, as defined in ORS 162.265.
(5) Bribe receiving by a witness, as defined in ORS 162.275.
(6) Simulating legal process, as defined in ORS 162.355.
(7) Official misconduct in the first degree, as defined in ORS
162.415.
(8) Custodial interference in the second degree, as defined in
ORS 163.245.
(9) Custodial interference in the first degree, as defined in
ORS 163.257.
(10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
(11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
(12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
(13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
(14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
(15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
(16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
(17) Theft in the second degree, as defined in ORS 164.045.
(18) Theft in the first degree, as defined in ORS 164.055.
(19) Aggravated theft in the first degree, as defined in ORS
164.057.
(20) Theft by extortion, as defined in ORS 164.075.
(21) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
(22) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
(23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
(24) Unauthorized use of a vehicle, as defined in ORS 164.135.
(25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
(26) Laundering a monetary instrument, as defined in ORS
164.170.
(27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
(28) Burglary in the second degree, as defined in ORS 164.215.
(29) Burglary in the first degree, as defined in ORS 164.225.
(30) Possession of burglar's tools, as defined in ORS 164.235.
(31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
(32) Arson in the second degree, as defined in ORS 164.315.
(33) Arson in the first degree, as defined in ORS 164.325.
(34) Computer crime, as defined in ORS 164.377.
(35) Robbery in the third degree, as defined in ORS 164.395.
(36) Robbery in the second degree, as defined in ORS 164.405.
(37) Robbery in the first degree, as defined in ORS 164.415.
(38) Unlawful labeling of a sound recording, as defined in ORS
164.868.
(39) Unlawful recording of a live performance, as defined in
ORS 164.869.
(40) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
(41) A violation of ORS 164.877.
(42) Endangering aircraft, as defined in ORS 164.885.
(43) Interference with agricultural operations, as defined in
ORS 164.887.
(44) Forgery in the second degree, as defined in ORS 165.007.
(45) Forgery in the first degree, as defined in ORS 165.013.
(46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
(47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
(48) Criminal possession of a forgery device, as defined in ORS
165.032.
(49) Criminal simulation, as defined in ORS 165.037.
(50) Fraudulently obtaining a signature, as defined in ORS
165.042.
(51) Fraudulent use of a credit card, as defined in ORS
165.055.
(52) Negotiating a bad check, as defined in ORS 165.065.
(53) Possessing a fraudulent communications device, as defined
in ORS 165.070.
(54) Unlawful factoring of a credit card transaction, as
defined in ORS 165.074.
(55) Falsifying business records, as defined in ORS 165.080.
(56) Sports bribery, as defined in ORS 165.085.
(57) Sports bribe receiving, as defined in ORS 165.090.
(58) Misapplication of entrusted property, as defined in ORS
165.095.
(59) Issuing a false financial statement, as defined in ORS
165.100.
(60) Obtaining execution of documents by deception, as defined
in ORS 165.102.
(61) A violation of ORS 165.543.
(62) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
(63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
(64) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
(65) Identity theft, as defined in ORS 165.800.
(66) A violation of ORS 166.190.
(67) Unlawful use of a weapon, as defined in ORS 166.220.
(68) A violation of ORS 166.240.
(69) Unlawful possession of a firearm, as defined in ORS
166.250.
(70) A violation of ORS 166.270.
(71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
(72) A violation of ORS 166.275.
(73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
(74) A violation of ORS 166.370.
(75) Unlawful possession of a destructive device, as defined in
ORS 166.382.
(76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
(77) Possession of a hoax destructive device, as defined in ORS
166.385.
(78) A violation of ORS 166.410.
(79) Providing false information in connection with a transfer
of a { - handgun - } { + firearm + }, as defined in ORS
166.416.
(80) Improperly transferring a { - handgun - } { +
firearm + }, as defined in ORS 166.418.
(81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
(82) A violation of ORS 166.429.
(83) A violation of ORS 166.470.
(84) A violation of ORS 166.480.
(85) A violation of ORS 166.635.
(86) A violation of ORS 166.638.
(87) Unlawful paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS 166.720.
(89) Prostitution, as defined in ORS 167.007.
(90) Promoting prostitution, as defined in ORS 167.012.
(91) Compelling prostitution, as defined in ORS 167.017.
(92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
(93) Unlawful gambling in the second degree, as defined in ORS
167.122.
(94) Unlawful gambling in the first degree, as defined in ORS
167.127.
(95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
(96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
(97) Possession of a gambling device, as defined in ORS
167.147.
(98) Possession of a gray machine, as defined in ORS 167.164.
(99) Cheating, as defined in ORS 167.167.
(100) Tampering with drug records, as defined in ORS 167.212.
(101) A violation of ORS 167.262.
(102) Research and animal interference, as defined in ORS
167.312.
(103) Animal abuse in the first degree, as defined in ORS
167.320.
(104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
(105) Animal neglect in the first degree, as defined in ORS
167.330.
(106) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
(107) Involvement in animal fighting, as defined in ORS
167.355.
(108) Dogfighting, as defined in ORS 167.365.
(109) Participation in dogfighting, as defined in ORS 167.370.
(110) Unauthorized use of a livestock animal, as defined in ORS
167.385.
(111) Interference with livestock production, as defined in ORS
167.388.
(112) A violation of ORS 167.390.
(113) A violation of ORS 471.410.
(114) Failure to report missing precursor substances, as
defined in ORS 475.955.
(115) Illegally selling drug equipment, as defined in ORS
475.960.
(116) Providing false information on a precursor substances
report, as defined in ORS 475.965.
(117) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.991.
(118) A violation of ORS 475.992, if it is a felony or a Class
A misdemeanor.
(119) A violation of ORS 475.993, if it is a felony or a Class
A misdemeanor.
(120) A violation of ORS 475.994.
(121) A violation of ORS 475.995, if it is a felony or a Class
A misdemeanor.
(122) A violation of ORS 475.999 (1)(a).
(123) Misuse of an identification card, as defined in ORS
807.430.
(124) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
(125) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
(126) Using an invalid license, as defined in ORS 807.580.
(127) Permitting misuse of a license, as defined in ORS
807.590.
(128) Using another's license, as defined in ORS 807.600.
(129) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
(130) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
(131) Unlawful distribution of cigarettes, as defined in
{ - section 3 of this 2001 Act - } { + ORS 323.482 + }.
(132) An attempt, conspiracy or solicitation to commit a crime
in subsections (1) to (131) of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
{ + NOTE: + } Corrects names of offenses in (79) and (80);
inserts appropriate ORS reference in (131).
SECTION 53. ORS 133.721 is amended to read:
133.721. As used in ORS 41.910 { - , 133.724, 133.726 - }
{ + and 133.721 + } to 133.739 and this section, unless the
context requires otherwise:
(1) 'Aggrieved person' means a person who was a party to any
wire, electronic or oral communication intercepted under ORS
133.724 or 133.726 or a person against whom the interception was
directed and who alleges that the interception was unlawful.
(2) 'Contents,' when used with respect to any wire, electronic
or oral communication, includes any information concerning the
identity of the parties to such communication or the existence,
substance, purport or meaning of that communication.
(3) 'Electronic communication' means any transfer of signs,
signals, writing, images, sounds, data or intelligence of any
nature transmitted in whole or in part by a radio,
electromagnetic, photoelectronic or photo-optical system, or
transmitted in part by wire, but does not include:
(a) Any oral communication or any communication which is
completely by wire; or
(b) Any communication made through a tone-only paging device.
(4) 'Electronic, mechanical or other device' means any device
or apparatus which can be used to intercept a wire, electronic or
oral communication other than:
(a) Any telephone or telegraph instrument, equipment or
facility, or any component thereof which is furnished to the
subscriber or user by a telecommunications carrier in the
ordinary course of its business and which is being used by the
subscriber or user in the ordinary course of its business or
being used by a telecommunications carrier in the ordinary course
of its business, or by an investigative or law enforcement
officer in the ordinary course of official duties; or
(b) A hearing aid or similar device being used to correct
subnormal hearing to not better than normal.
(5) 'Intercept' means the acquisition, by listening or
recording, of the contents of any wire, electronic or oral
communication through the use of any electronic, mechanical or
other device.
(6) 'Investigative or law enforcement officer' means an officer
or other person employed by a county sheriff or municipal police
department, the Oregon State Police, Attorney General, a district
attorney or the Department of Corrections, and officers or other
persons employed by law enforcement agencies of other states or
the federal government, to investigate or enforce the law.
(7) 'Oral communication' means:
(a) Any oral communication, other than a wire or electronic
communication, uttered by a person exhibiting an expectation that
such communication is not subject to interception under
circumstances justifying such expectation; or
(b) An utterance by a person who is participating in a wire or
electronic communication, if the utterance is audible to another
person who, at the time the wire or electronic communication
occurs, is in the immediate presence of the person participating
in the communication.
(8) 'Telecommunications carrier' means:
(a) A telecommunications utility as defined in ORS 759.005; or
(b) A cooperative corporation organized under ORS chapter 62
that provides telecommunications services.
(9) 'Telecommunications service' has the meaning given that
term in ORS 759.005.
(10) 'Wire communication' means any communication made in whole
or in part through the use of facilities for the transmission of
communications by the aid of wire, cable or other like connection
between the point of origin and the point of reception, whether
furnished or operated by a public utility or privately owned or
leased.
{ + NOTE: + } Consolidates splintered series reference in
lead-in.
SECTION 54. { + ORS 133.736 is added to and made a part of ORS
133.721 to 133.739. + }
{ + NOTE: + } Adds section to appropriate series.
SECTION 55. ORS 133.736 is amended to read:
133.736. (1) Any aggrieved person { - , as defined in ORS
133.721, - } in any trial, hearing or proceeding in or before
any court, department, officer, agency, regulatory body or other
authority of the state, or a political subdivision thereof, may
move to suppress recordings of any oral communication intercepted
in violation of ORS 133.726 or testimony or other evidence
derived solely from the unlawful interception.
(2) Such motion shall be made before the trial, hearing or
proceeding unless there was no opportunity to make such motion or
the person was not aware of the grounds of the motion. If the
motion is granted, the judge, upon the filing of such motion by
the aggrieved person, may in the judge's discretion make
available to the aggrieved person or the person's counsel for
inspection such portions of the intercepted communications or
evidence derived therefrom as the judge determines to be in the
interests of justice.
(3) In addition to any other right to appeal, the state shall
have the right to appeal from an order granting a motion to
suppress under subsection (1) of this section.
{ + NOTE: + } Reflects addition of statute to series in (1).
See section 54.
SECTION 56. ORS 133.737 is amended to read:
133.737. (1) Any investigative or law enforcement officer who,
by any means authorized by ORS 133.721 { - , 133.724 and
133.726 - } to 133.739, has obtained knowledge of the contents of
any wire, electronic or oral communication under ORS 133.724, or
evidence derived therefrom, may disclose such contents to another
investigative or law enforcement officer to the extent that such
disclosure is appropriate to the proper performance of the
official duties of the officer making or receiving the disclosure
or to the extent that such disclosure is otherwise authorized by
law.
(2) Any investigative or law enforcement officer who, by any
means authorized by ORS 133.721 { - , 133.724 and 133.726 - }
to 133.739, has obtained knowledge of the contents of any wire,
electronic or oral communication under ORS 133.724, or evidence
derived therefrom, may use such contents to the extent such use
is appropriate to the proper performance of official duties.
(3) Any person who has received by any means authorized by ORS
133.721 { - , 133.724 and 133.726 - } to 133.739, any
information concerning a wire, electronic or oral communication
under ORS 133.724, or evidence derived therefrom, intercepted in
accordance with the provisions of ORS 133.721 { - , 133.724 and
133.726 - } to 133.739, may disclose the contents of that
communication or such derivative evidence while giving testimony
under oath or affirmation in any proceeding held under the
authority of the state or political subdivision thereof.
(4) No otherwise privileged communication intercepted in
accordance with, or in violation of, the provisions of ORS
133.721 { - , 133.724 and 133.726 - } to 133.739, shall lose
its privileged character.
(5) When an investigative or law enforcement officer, while
engaged in intercepting wire, electronic or oral communications
in any manner authorized by ORS 133.724, intercepts wire,
electronic or oral communications relating to crimes other than
those specified in the order of authorization or approval, the
contents thereof, and evidence derived therefrom, may be
disclosed or used as provided in subsections (1) and (2) of this
section. Such contents and any evidence derived therefrom may be
used under subsection (3) of this section when authorized or
approved by a judge of the circuit court if the judge finds on
subsequent application that the contents were otherwise
intercepted in accordance with the provisions of ORS 133.724.
Such application shall be made as soon as practicable.
{ + NOTE: + } Consolidates splintered series references in
(1), (2), (3) and (4).
SECTION 57. ORS 137.020 is amended to read:
137.020. (1) After a plea or verdict of guilty, or after a
verdict against the defendant on a plea of former conviction or
acquittal, if the judgment is not arrested or a new trial
granted, the court shall appoint a time for pronouncing judgment.
(2)(a) The time appointed shall be at least two calendar days
after the plea or verdict if the court intends to remain in
session so long. If the court does not intend to remain in
session at least two calendar days, the time appointed may be
sooner than two calendar days, but shall be as remote a time as
can reasonably be allowed. However, in the latter case, the
judgment shall not be given less than six hours after the plea or
verdict, except with the consent of the defendant.
(b) Except for good cause shown or as otherwise provided in
this paragraph, a court shall not delay for more than 31 calendar
days after the plea or verdict the sentencing of a defendant held
in custody on account of the pending proceedings. Except for good
cause shown or as otherwise provided in this paragraph, a court
shall not delay for more than 56 calendar days after the plea or
verdict the sentencing of a defendant not held in custody on
account of the pending proceedings. If the defendant is not in
custody and the court does not pronounce judgment within 56
calendar days after the plea or verdict, any period of probation
imposed as a part of a subsequent judgment shall begin to run
from the date of the plea or verdict.
(3) If the defendant is in custody following the verdict, the
court shall pronounce judgment as soon as practicable, but in any
case within seven calendar days following the verdict if no
presentence investigation is ordered, and within seven calendar
days after delivery of the presentence report to the court if a
presentence investigation has been ordered; however, the court
may delay pronouncement of judgment beyond the limits of this
subsection for good cause shown.
(4) If the final calendar day a defendant must be sentenced is
not a judicial day then sentencing may be delayed until the next
judicial day.
(5)(a) At the time a court pronounces judgment the defendant,
if present, shall be advised of the right to appeal and of the
procedure for protecting that right. If the defendant is not
present, the court shall advise the defendant in writing of the
right to appeal and of the procedure for protecting that right.
(b) If the defendant is sentenced subsequent to a plea of
guilty or no contest or upon probation revocation or sentence
suspension, or if the defendant is resentenced after an order by
an appellate court or a post-conviction relief court, the court
shall advise the defendant of the limitations on appealability
imposed by ORS 138.050 (1) and 138.222 (7). If the defendant is
not present, the court shall advise the defendant in writing of
the limitations on appealability imposed by ORS 138.050 (1) and
138.222 (7).
(6) If the defendant is { + financially + } eligible for
{ - representation by the Public Defender under ORS 151.250 - }
{ + appointment of counsel at state expense on appeal under ORS
138.500 + }, trial counsel shall determine whether the defendant
wishes to pursue an appeal. If the defendant wishes to pursue an
appeal, trial counsel shall transmit to the { - Public
Defender - } { + office of public defense services established
under ORS 151.216 + }, on a form prepared by the { - Public
Defender - } { + office + }, information necessary to perfect
the appeal.
{ + NOTE: + } Deletes reference to repealed statute and
updates terminology in (6).
SECTION 58. ORS 137.123 is amended to read:
137.123. (1) A sentence imposed by the court may be made
concurrent or consecutive to any other sentence which has been
previously imposed or is simultaneously imposed upon the same
defendant. The court may provide for consecutive sentences only
in accordance with the provisions of this section. A sentence
shall be deemed to be a concurrent term unless the judgment
expressly provides for consecutive sentences.
(2) If a defendant is simultaneously sentenced for criminal
offenses that do not arise from the same continuous and
uninterrupted course of conduct, or if the defendant previously
was sentenced by any other court within the United States to a
sentence which the defendant has not yet completed, the court may
impose a sentence concurrent with or consecutive to the other
sentence or sentences.
(3) When a defendant is sentenced for a crime committed while
the defendant was incarcerated after sentencing for the
commission of a previous crime, the court shall provide that the
sentence for the new crime be consecutive to the sentence for the
previous crime.
(4) When a defendant has been found guilty of more than one
criminal offense arising out of a continuous and uninterrupted
course of conduct, the sentences imposed for each resulting
conviction shall be concurrent unless the court complies with the
procedures set forth in subsection (5) of this section.
(5) The court has discretion to impose consecutive terms of
imprisonment for separate convictions arising out of a continuous
and uninterrupted course of conduct only if the court finds:
(a) That the criminal offense for which a consecutive sentence
is contemplated was not merely an incidental violation of a
separate statutory provision in the course of the commission of a
more serious crime but rather was an indication of defendant's
willingness to commit more than one criminal offense; or
(b) The criminal offense for which a consecutive sentence is
contemplated caused or created a risk of causing greater or
qualitatively different loss, injury or harm to the victim or
caused or created a risk of causing loss, injury { - , - } or
harm to a different victim than was caused or threatened by the
other offense or offenses committed during a continuous and
uninterrupted course { - or - } { + of + } conduct.
{ + NOTE: + } Corrects punctuation and typo in (5)(b).
SECTION 59. ORS 137.635 is amended to read:
137.635. (1) When, in the case of a felony described in
subsection (2) of this section, a court sentences a convicted
defendant who has previously been convicted of any felony
designated in subsection (2) of this section, the sentence shall
not be an indeterminate sentence to which the defendant otherwise
would be subject under ORS 137.120, but, unless it imposes a
death penalty under ORS 163.105, the court shall impose a
determinate sentence, the length of which the court shall
determine, to the custody of the Department of Corrections. Any
mandatory minimum sentence otherwise provided by law shall apply.
The sentence shall not exceed the maximum sentence otherwise
provided by law in such cases. The convicted defendant who is
subject to this section shall not be eligible for probation. The
convicted defendant shall serve the entire sentence imposed by
the court and shall not, during the service of such a sentence,
be eligible for parole or any form of temporary leave from
custody. The person shall not be eligible for any reduction in
sentence pursuant to ORS 421.120 or for any reduction in term of
incarceration pursuant to ORS 421.121.
(2) Felonies to which subsection (1) of this section
{ - apply - } { + applies + } include and are limited to:
(a) Murder, as defined in ORS 163.115, and any aggravated form
thereof.
(b) Manslaughter in the first degree, as defined in ORS
163.118.
(c) Assault in the first degree, as defined in ORS 163.185.
(d) Kidnapping in the first degree, as defined in ORS 163.235.
(e) Rape in the first degree, as defined in ORS 163.375.
(f) Sodomy in the first degree, as defined in ORS 163.405.
(g) Unlawful sexual penetration in the first degree, as defined
in ORS 163.411.
(h) Burglary in the first degree, as defined in ORS 164.225.
(i) Arson in the first degree, as defined in ORS 164.325.
(j) Robbery in the first degree, as defined in ORS 164.415.
(3) When the court imposes a sentence under this section, the
court shall indicate in the judgment that the defendant is
subject to this section.
{ + NOTE: + } Corrects grammar in (2).
SECTION 60. ORS 146.035 is amended to read:
146.035. (1) There shall be established within the Department
of State Police the State Medical Examiner's office for the
purpose of directing and supporting the state death investigation
program.
(2) The State Medical Examiner shall manage all aspects of the
State Medical Examiner's program.
(3) Subject to the State Personnel Relations Law, the State
Medical Examiner may employ or discharge other personnel of the
State Medical Examiner's office.
(4) The State Medical Examiner's office shall:
(a) File and maintain appropriate reports on all deaths
requiring investigation.
(b) Maintain an accurate list of all active district medical
examiners, assistant district medical examiners and designated
pathologists.
(c) Transmit monthly to the Department of Transportation a
report for the preceding calendar month of all information
obtained under ORS 146.113.
(5) Any parent, spouse, child or personal representative of the
deceased, or any person who may be criminally or civilly liable
for the death, or their authorized representatives respectively,
may examine and obtain copies of any medical examiner's report,
autopsy report or laboratory test report ordered by a medical
examiner under ORS 146.117. The system designated to protect and
advocate the rights of individuals with developmental
disabilities under part C of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) and
the rights of individuals with mental illness under the
Protection and Advocacy for { + Mentally Ill + } Individuals
{ - with Mental Illness - } Act (42 U.S.C. 10801 et seq.) shall
have access to reports described in this subsection pursuant to
ORS 192.517.
{ + NOTE: + } Fixes title of federal Act in (5).
SECTION 61. ORS 153.093 is amended to read:
153.093. (1) Notwithstanding any other provision of law, except
as specifically provided in this section a court or violations
bureau may not defer, waive, suspend or otherwise reduce the fine
for a violation { - or infraction - } to an amount that is
less than:
(a) 50 percent of the base fine amount established for the
offense under ORS 153.125 to 153.145, if the offense is a Class
A, B, C or D violation, or an unclassified violation, under ORS
153.012 and 153.015; or
(b) 20 percent of the base fine amount established for the
offense under ORS 153.125 to 153.145, if the offense is a
specific fine violation as described by ORS 153.015.
(2) A court or violations bureau may impose a fine lower than
the amount required by subsection (1) of this section if the
court has authorized imposition of a lower fine for vehicle
equipment violation proceedings in which the defendant
establishes that the vehicle equipment has been installed or
repaired to comply with the law that was violated.
(3) A court or violations bureau may impose a fine lower than
the amount required by subsection (1) of this section if the
court has established procedures for the imposition of a lower
fine based on a determination that the defendant has not been
convicted of an offense within the three-year period immediately
preceding the date on which the citation was issued.
(4) In addition to the grounds specified in subsections (2) and
(3) of this section, a court may impose a fine lower than the
amount required by subsection (1) of this section if:
(a) The court determines that the defendant is indigent; or
(b) The court determines that in a specific case the amount of
the fine required by subsection (1) of this section would be
inconsistent with justice.
(5) Nothing in this section:
(a) Affects the manner in which a court imposes or reduces
monetary obligations other than fines.
(b) Allows a court to reduce any fine amount below a minimum
fine amount established by statute for the offense.
(c) Affects the ability of a court to establish a payment
schedule for fines imposed by the court.
(6) For the purpose of determining whether a fine meets the
requirements of subsection (1) of this section, the unitary
assessment amount under ORS 137.290 and the county assessment
amount under ORS 137.309 shall be included in calculating the
amount required under subsection (1) of this section.
(7) The Department of Revenue or Secretary of State may audit
any court to determine whether the court is complying with the
requirements of this section. In addition, the Department of
Revenue or Secretary of State may audit any court to determine
whether the court is complying with the requirements of ORS
137.290 (4) and 153.630 (4). The Department of Revenue or
Secretary of State may file an action under ORS 34.105 to 34.240
to enforce the requirements of this section and ORS 137.290 (4)
and 153.630 (4).
{ + NOTE: + } Deletes archaic term in (1).
SECTION 62. ORS 165.540 is amended to read:
165.540. (1) Except as otherwise provided in ORS 133.724 or
133.726 or subsections (2) to (7) of this section, { - no
person shall - } { + a person may not + }:
(a) Obtain or attempt to obtain the whole or any part of a
telecommunication or a radio communication to which
{ - such - } { + the + } person is not a participant, by means
of any device, contrivance, machine or apparatus, whether
electrical, mechanical, manual or otherwise, unless consent is
given by at least one participant.
(b) Tamper with the wires, connections, boxes, fuses, circuits,
lines or any other equipment or facilities of a telecommunication
or radio communication company over which messages are
transmitted, with the intent to obtain unlawfully the contents of
a telecommunication or radio communication to which
{ - such - } { + the + } person is not a participant.
(c) Obtain or attempt to obtain the whole or any part of a
conversation by means of any device, contrivance, machine or
apparatus, whether electrical, mechanical, manual or otherwise,
if { + not + } all participants in the conversation are
{ - not - } specifically informed that their conversation is
being obtained.
(d) Obtain the whole or any part of a conversation,
telecommunication or radio communication from any person, while
knowing or having good reason to believe that { - such - }
{ + the + } conversation, telecommunication or radio
communication was initially obtained in a manner prohibited by
this section.
(e) Use or attempt to use, or divulge to others { + , + } any
conversation, telecommunication or radio communication obtained
by any means prohibited by this section.
(2)(a) The prohibitions in subsection (1)(a), (b) and (c) of
this section { - shall - } { + do + } not apply to { + : + }
{ + (A) + } Officers, employees or agents of a
telecommunication or radio communication company who perform the
acts prohibited by subsection (1)(a), (b) and (c) of this section
for the purpose of construction, maintenance or conducting of
their telecommunication or radio communication service,
facilities or equipment { - ; nor shall such prohibitions apply
to - } { + . + }
{ + (B) + } Public officials in charge of and at jails,
police premises, sheriffs' offices, Department of Corrections
institutions and other penal or correctional institutions, except
as to communications or conversations between an attorney and the
client of the attorney.
(b) Officers, employees or agents of a telecommunication or
radio communication company who obtain information under
paragraph (a) of this subsection { - shall - } { + may + }
not use or attempt to use, or divulge to others { + , the + }
{ - such - } information except for the purpose of
construction, maintenance, or conducting of their
telecommunication or radio communication service, facilities or
equipment.
(3) The prohibitions in subsection (1)(a), (b) or (c) of this
section { - shall - } { + do + } not apply to subscribers or
members of their family who perform the acts prohibited in
subsection (1) of this section in their homes.
(4) The prohibitions in subsection (1)(a) of this section do
not apply to the receiving or obtaining of the contents of any
radio or television broadcast transmitted for the use of the
general public.
(5) The prohibitions in subsection (1)(c) of this section do
not apply to a person who records a conversation during a felony
that endangers human life.
(6) The prohibitions in subsection (1)(c) of this section
{ - shall - } { + do + } not apply to persons who intercept
or attempt to intercept with an unconcealed recording device the
oral communications that are part of any of the following
proceedings:
(a) Public or semipublic meetings such as hearings before
governmental or quasi-governmental bodies, trials, press
conferences, public speeches, rallies and sporting or other
events;
(b) Regularly scheduled classes or similar educational
activities in public or private institutions; or
(c) Private meetings or conferences if all others involved knew
or reasonably should have known that the recording was being
made.
(7) The prohibitions in subsection (1)(a), (c), (d) and (e) of
this section do not apply to any:
(a) Radio communication { - which - } { + that + } is
transmitted by a station operating on an authorized frequency
within the amateur or citizens bands; or
(b) Person who intercepts a radio communication { - which - }
{ + that + } is transmitted by any governmental, law
enforcement, civil defense or public safety communications
system, including police and fire, readily accessible to the
general public provided that the interception is not for purposes
of illegal activity.
(8) Violation of subsection (1) or (2)(b) of this section is a
Class A misdemeanor.
{ + NOTE: + } Conforms syntax, punctuation and structure to
legislative style.
SECTION 63. { + ORS 166.262 and 166.263 are added to and made
a part of ORS 166.250 to 166.270. + }
{ + NOTE: + } Adds sections to appropriate series.
SECTION 64. ORS 166.270 is amended to read:
166.270. (1) Any person who has been convicted of a felony
under the law of this state or any other state, or who has been
convicted of a felony under the laws of the Government of the
United States, who owns or has in the person's possession or
under the person's custody or control any firearm { - , - }
commits the crime of felon in possession of a firearm.
(2) Any person who has been convicted of a felony under the law
of this state or any other state, or who has been convicted of a
felony under the laws of the Government of the United States, who
owns or has in the person's possession or under the person's
custody or control any instrument or weapon having a blade that
projects or swings into position by force of a spring or by
centrifugal force or any blackjack, slungshot, sandclub, sandbag,
sap glove or metal knuckles, or who carries a dirk, dagger or
stiletto, commits the crime of felon in possession of a
restricted weapon.
(3) For the purposes of this section, a person 'has been
convicted of a felony' if, at the time of conviction for an
offense, that offense was a felony under the law of the
jurisdiction in which it was committed. { - Provided, however,
that - } Such conviction shall not be deemed a conviction of a
felony if:
(a) The court declared the conviction to be a misdemeanor at
the time of judgment; or
(b) The offense was { - for - } possession of marijuana and
the conviction was prior to January 1, 1972.
(4) Subsection (1) of this section { - shall - }
{ + does + } not apply to any person who has been:
(a) Convicted of only one felony under the law of this state or
any other state, or who has been convicted of only one felony
under the laws of the United States, which felony did not involve
criminal homicide, as defined in ORS 163.005, or the possession
or use of a firearm or a weapon having a blade that projects or
swings into position by force of a spring or by centrifugal
force, and who has been discharged from imprisonment, parole or
probation for said offense for a period of 15 years prior to the
date of alleged violation of subsection (1) of this section; or
(b) Granted relief from the disability under 18 U.S.C. 925(c)
or has had the person's record expunged under the laws of this
state or equivalent laws of another jurisdiction.
(5) Felon in possession of a firearm is a Class C felony.
Felon in possession of a restricted weapon is a Class A
misdemeanor.
{ + NOTE: + } Corrects punctuation in (1); fixes grammar and
syntax in (3) and (4).
SECTION 65. ORS 166.293 is amended to read:
166.293. (1) If the application for the concealed handgun
license is denied, the sheriff shall set forth in writing the
reasons for the denial. The denial shall be sent to the applicant
by certified mail, restricted delivery, within 45 days after the
application was made. If no decision is issued within 45 days,
the person may seek review under the procedures in subsection (5)
of this section.
(2) Notwithstanding ORS 166.291 (1), and subject to review as
provided in subsection (5) of this section, a sheriff may deny a
concealed handgun license if the sheriff has reasonable grounds
to believe that the applicant has been or is reasonably likely to
be a danger to self or others, or to the community at large, as a
result of the applicant's mental or psychological state, as
demonstrated by past pattern of behavior or participation in
incidents involving unlawful violence or threats of unlawful
violence.
(3)(a) Any act or condition that would prevent the issuance of
a license under ORS 166.291 { - to 166.293 - } { + and
166.292 + } is cause for revoking a concealed handgun license.
(b) A sheriff may revoke a license by serving upon the licensee
a notice of revocation. The notice must contain the grounds for
the revocation and must be served either personally or by
certified mail, restricted delivery. The notice and return of
service shall be included in the file of the licensee. The
revocation is effective upon the licensee's receipt of the
notice.
(4) Any peace officer or corrections officer may seize a
concealed handgun license and return it to the issuing sheriff
when the license is held by a person who has been arrested or
cited for a crime that can or would otherwise disqualify the
person from being issued a concealed handgun license. The issuing
sheriff shall hold the license for 30 days. If the person is not
charged with a crime within the 30 days, the sheriff shall return
the license unless the sheriff revokes the license as provided in
subsection (3) of this section.
(5) A person denied a concealed handgun license or whose
license is revoked or not renewed under ORS 166.291 to 166.295
may petition the circuit court in the petitioner's county of
residence to review the denial, nonrenewal or revocation. The
petition must be filed within 30 days after the receipt of the
notice of denial or revocation.
(6) The judgment affirming or overturning the sheriff's
decision shall be based solely on whether the petitioner meets
the criteria that are used for issuance of the license under ORS
166.291 { - to 166.293 - } { + and 166.292 + }. Whenever the
petitioner has been previously sentenced for a crime under ORS
161.610 or for a crime of violence for which the person could
have received a sentence of more than 10 years, the court shall
only grant relief if the court finds that relief should be
granted in the interest of justice.
(7) Notwithstanding the provisions of ORS 9.320, a corporation,
the state or any city, county, district or other political
subdivision or public corporation in this state, without
appearance by attorney, may appear as a party to an action under
this section.
(8) Petitions filed under this section shall be heard and
disposed of within 15 judicial days of filing or as soon as
practicable thereafter.
(9) Filing fees for actions shall be as for any civil action
filed in the court. If the petitioner prevails, the amount of the
filing fee shall be paid by the respondent to the petitioner and
may be incorporated into the court order.
(10) Initial appeals of petitions shall be heard de novo.
(11) Any party to a judgment under this section may appeal to
the Court of Appeals in the same manner as for any other civil
action.
(12) If the governmental entity files an appeal under this
section and does not prevail, it shall be ordered to pay the
attorney fees for the prevailing party.
{ + NOTE: + } Eliminates needless series references in (3)
and (6).
SECTION 66. ORS 166.410 is amended to read:
166.410. Any person who manufactures or causes to be
manufactured within this state, or who imports into this state,
or offers, exposes for sale, or sells or transfers a handgun,
short-barreled rifle, short-barreled shotgun, firearms silencer
or machine gun, otherwise than in accordance with ORS
166.250 { + , + } { - to - } { + 166.260, + } 166.270,
166.291, 166.292 { + , + } { - and - } 166.425 { + , 166.450,
166.460 and + } { - to - } 166.470, { - shall be - } { +
is + } guilty of a Class B felony.
{ + NOTE: + } Deletes needless series references; conforms
syntax to legislative style.
SECTION 67. ORS 166.410, as amended by section 46, chapter 666,
Oregon Laws 2001, is amended to read:
166.410. Any person who manufactures or causes to be
manufactured within this state, or who imports into this state,
or offers, exposes for sale, or sells or transfers a handgun,
short-barreled rifle, short-barreled shotgun, firearms silencer
or machine gun, otherwise than in accordance with ORS
166.250 { + , + } { - to - } { + 166.260, + } 166.270,
166.281, 166.291, 166.292 { + , + } { - and - } 166.425 { + ,
166.450, 166.460 and + } { - to - } 166.470, { - shall
be - } { + is + } guilty of a Class B felony.
{ + NOTE: + } Deletes needless series references; conforms
syntax to legislative style.
SECTION 68. ORS 169.090 is amended to read:
169.090. (1) The Director of the Department of Corrections
shall publish and distribute a manual of recommended guidelines
for the operation of local correctional facilities and lockups as
developed by a jail standards committee appointed by the
director. This manual shall be revised when appropriate with
consultation and advice of the Oregon State Sheriffs'
Association, the Oregon Association { - of - } Chiefs of
Police, Association of Oregon Counties, the League of Oregon
Cities and other appropriate groups and agencies and will be
redistributed upon the approval of the Governor.
(2) The Juvenile Crime Prevention Advisory Committee and the
Department of Corrections shall develop guidelines pertaining to
the operation of juvenile detention facilities, as defined in ORS
169.005. Guidelines shall be revised by the Juvenile Crime
Prevention Advisory Committee and the Department of Corrections,
whenever appropriate. The guidelines shall be included in the
manual published and distributed under subsection (1) of this
section. However, the Juvenile Crime Prevention Advisory
Committee may choose to publish and distribute the guidelines
independently.
{ + NOTE: + } Corrects name of association in (1).
SECTION 69. ORS 171.857 is amended to read:
171.857. (1) The President of the Senate and the Speaker of the
House of Representatives shall jointly appoint a special
legislative committee to issue a report pursuant to section 8,
Article VIII of the Oregon Constitution.
(2) The Legislative Assembly in the report shall:
(a) Demonstrate that the amount within the budget appropriated
for the state's system of kindergarten through grade 12 public
education is the amount of moneys as determined by the Quality
Education Commission { + established by ORS 327.500 + } that is
sufficient to meet the quality goals; or
(b) Identify the reasons that the amount appropriated for the
state's system of kindergarten through grade 12 public education
is not sufficient, the extent of the insufficiency and the impact
of the insufficiency on the ability of the state's system of
kindergarten through grade 12 public education to meet the
quality goals. In identifying the impact of the insufficiency,
the Legislative Assembly shall include in the report how the
amount appropriated in the budget may affect both the current
practices and student performance identified by the commission
under ORS 327.506 (4)(a) and the best practices and student
performance identified by the commission under ORS 327.506
(4)(b).
(3)(a) Notwithstanding subsection (2) of this section, the
Legislative Assembly may make a determination that the report of
the Quality Education Commission should not be used as the basis
for carrying out the reporting requirements of section 8, Article
VIII of the Oregon Constitution, and subsection (2) of this
section. If the report is not used, the Legislative Assembly
shall identify the reasons for not using the report to meet the
reporting requirements and shall outline an alternative
methodology for making the findings required by section 8,
Article VIII of the Oregon Constitution.
(b) The alternative methodology shall be based on:
(A) Research, data and public values; and
(B) The performance of successful schools, professional
judgment or a combination of the performance of successful
schools and professional judgment.
(c) The Legislative Assembly shall include in the report that
uses the alternative methodology a determination of how the
amount appropriated may affect the ability of the state's system
of kindergarten through grade 12 public education to meet quality
goals established by law, including expected student performance
against those goals.
(4) The Legislative Assembly shall identify in the report
whether the state's system of post-secondary public education has
quality goals established by law. If there are quality goals, the
Legislative Assembly shall include in the report a determination
that the amount appropriated in the budget is sufficient to meet
those goals or an identification of the reasons the amount
appropriated is not sufficient, the extent of the insufficiency
and the impact of the insufficiency on the ability of the state's
system of post-secondary public education to meet those quality
goals.
(5) The report shall be issued within 180 days after the
regular session of the Legislative Assembly adjourns sine die.
(6) The Legislative Assembly shall provide public notice of the
report's issuance, including posting the report on the Internet
and providing a print version of the report upon request.
{ + NOTE: + } Clarifies reference to commission in (2)(a).
SECTION 70. ORS 174.107 is amended to read:
174.107. (1) As used in the statute { - law - }
{ + laws + } of this state, ' disabled person' means any person
who:
(a) Has a physical or mental impairment which substantially
limits one or more major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
(2) Specific types of disability shall be considered
subcategories under the definition of disabled person.
{ + NOTE: + } Corrects word choice in (1).
SECTION 71. ORS 176.780 is amended to read:
176.780. Whenever the Governor has issued a proclamation under
ORS 176.775, the Governor may by executive order direct actions:
(1) Reducing energy resource usage by state agencies and
political subdivisions in this state { + . + } { - ; - }
(2) Promoting conservation, prevention of waste and salvage of
energy resources and the materials, services and facilities
derived therefrom or dependent thereon, by state agencies and
political subdivisions in this state { + . + } { - ; - }
(3) Directing the establishment by state agencies and political
subdivisions in this state of programs necessary to implement and
comply with federal energy conservation programs, including but
not limited to allocation or rationing of energy resources and
the distribution of the state's discretionary allotments.
{ + NOTE: + } Rectifies punctuation in (1) and (2).
SECTION 72. ORS 177.030 is amended to read:
177.030. The Secretary of State shall:
(1) Keep a record of the official acts of the Oregon Department
of Administrative Services { - ; - } and, when required, lay
the same and all matters relative thereto before each branch of
the legislature.
(2) Affix the seal of the state to, and countersign all
commissions and other official acts issued or done by the
Governor, approbation by the Governor of the laws excepted, and
make a register of such commissions, specifying to whom given or
granted, the office conferred, with the date and tenor of the
commission, in a book to be provided for that purpose.
(3) Be charged with the safekeeping of all enrolled laws and
resolutions and not permit them to be taken out of the office or
inspected, except in the presence of the Secretary of State,
unless by order of the Governor, or by resolution of one or both
houses of the legislature, under penalty of $100.
(4) Keep the office open during business hours at all times,
Sundays excepted.
{ + NOTE: + } Corrects punctuation in (1).
SECTION 73. ORS 179.010 is amended to read:
179.010. As used in this chapter { - and sections 2 and 12,
chapter 321, Oregon Laws 1987 - } , unless the context requires
otherwise { + , + } { - : - }
{ - (1) - } 'institutions' means the institutions designated
in ORS 179.321.
{ - (2) 'Local government' means any county, city or special
district. - }
{ - (3) 'Plan' means the statewide strategic corrections plan
developed under section 12, chapter 321, Oregon Laws 1987. - }
{ + NOTE: + } Eliminates obsolete session law references and
superfluous definitions.
SECTION 74. ORS 179.105 is amended to read:
179.105. (1) For { - any of the purposes contemplated by - }
{ + a purpose of + } ORS 179.040, including aid and support of
research in any of the institutions, the Department of
Corrections and the Department of Human Services may in their
respective discretions accept from the United States or any of
its agencies financial assistance and grants in the form of money
or labor, or from any other source any donation or grant of land
or gift of money or any other thing. Any funds accepted in
accordance with the provisions of this section and ORS 179.110
shall be deposited with the State Treasurer and { + , + } subject
to subsection (2) of this section, are appropriated to the
Department of Corrections or Department of Human Services and may
be expended by { - it - } { + the department + } according to
the conditions and terms of the grant or donation.
(2) Funds received under subsection (1) of this section or ORS
179.110 shall be expended subject to expenditure limitations
imposed on the Department of Corrections or Department of Human
Services by the Legislative Assembly or, in the absence of such
limitations, only after approval of the Legislative Assembly or
of the Emergency Board, if approval is required during the
interim between sessions of the Legislative Assembly.
(3) In any case where prior approval of the authority to expend
any funds available under subsection (1) of this section or ORS
179.110 is imposed as a term or condition of receipt of such
funds, the Legislative Assembly or the Emergency Board may
approve expenditures of such funds prior to their receipt.
{ + NOTE: + } Conforms syntax and punctuation to legislative
style in (1).
SECTION 75. ORS 179.331 is amended to read:
179.331. (1) The superintendents shall be appointed and,
whenever the public service requires such action, may be removed,
suspended or discharged, as follows:
(a) Superintendents of institutions described in ORS 179.321
(1), by the Director of Human Services.
(b) Superintendents of { + Department of Corrections + }
institutions
{ - described in ORS 179.321 (2) - } { + as defined in ORS
421.005 + }, by the Director of the Department of Corrections.
(2) For purposes of the State Personnel Relations Law, the
superintendents are assigned to the unclassified service.
{ + NOTE: + } Eliminates indirect ORS citation in (1)(b).
SECTION 76. ORS 179.495 is amended to read:
179.495. (1) Medical case histories, clinical records, X-rays,
treatment charts, progress reports and other similar written
accounts of the inmates of any Department of Corrections
institution { - described in ORS 179.321 - } { + as defined
in ORS 421.005 + }, maintained in such institution by the
officers or employees thereof who are authorized to maintain such
histories, records, X-rays, charts, reports and other accounts
within the official scope of their duties, shall not be subject
to inspection except upon permission given by the Department of
Corrections in compliance with ORS 179.505 (3), (4), (6), (7),
(9), (11), (12), (14) or (15), or upon order of a court of
competent jurisdiction. The restriction contained in this
section shall not apply to inspection or release of written
accounts made under ORS 179.505 (3) with the consent of the
individual concerned, or in case of the incompetence of the
inmate, by the legal guardian of the inmate.
(2) Except as authorized under subsection (1) of this section,
any person who releases or any person who knowingly obtains
information from any record referred to in subsection (1) of this
section commits a Class B violation.
{ + NOTE: + } Eliminates indirect ORS citation in (1).
SECTION 77. ORS 179.610 is amended to read:
179.610. As used in ORS 179.610 to 179.770, unless the context
requires otherwise:
(1) 'Agency' means either the Department of Human Services for
a person in a state institution described in ORS 179.321 (1) or
the Department of Corrections for a person in a { - state
institution described in ORS 179.321 (2) - } { + Department of
Corrections institution as defined in ORS 421.005 + }.
(2) 'Authorized representative' means an individual or entity
appointed under authority of ORS chapter 125, as guardian or
conservator of a person, who has the ability to control the
person's finances, and any other individual or entity holding
funds or receiving benefits or income on behalf of any person.
(3) 'Care' means all services rendered by the state
institutions as described in ORS 179.321 or by the Department of
Human Services or the Department of Corrections on behalf of
those institutions. These services include, but are not limited
to, such items as medical care, room, board, administrative costs
and other costs not otherwise excluded by law.
(4) 'Decedent's estate' has the meaning given 'estate' in ORS
111.005 (15).
(5) 'Person,' 'person in a state institution' or 'person at a
state institution,' or any similar phrase, means an individual
who is or has been at a state institution described in ORS
179.321.
(6) 'Personal estate' means all income and benefits as well as
all assets, including all personal and real property of a living
person, and includes assets held by the person's authorized
representative and all other assets held by any other individual
or entity holding funds or receiving benefits or income on behalf
of any person.
{ + NOTE: + } Eliminates indirect ORS citation in (1).
SECTION 78. ORS 179.750 is amended to read:
179.750. (1) { - No - } Discrimination { - shall - }
{ + may not + } be made in the admission, accommodation, care,
education or treatment of any person in a state institution
because the person does or does not contribute to the cost of the
care.
(2) { - No - } Discrimination { - shall - } { + may
not + } be made in the provision of or access to educational
facilities and services and recreational facilities and services
to any person in the state institutions enumerated in ORS
{ - 179.321 (2) or - } 420.005 { + or Department of
Corrections institutions as defined in ORS 421.005 + } on the
basis of race, religion, sex, marital status or national origin
of the person. This subsection { - shall - } { + does + } not
require combined domiciliary facilities at the state institutions
to which it applies.
{ + NOTE: + } Corrects prohibitive word choice and eliminates
indirect ORS citation.
SECTION 79. ORS 181.537 is amended to read:
181.537. (1) The Department of Human Services or the Employment
Department may request from the Department of State Police
criminal offender information on subject individuals if the
information is required in order to protect vulnerable
Oregonians:
(a) To implement a federal or state statute, executive order or
rule that expressly refers to criminal conduct and contains
requirements or exclusions expressly based on such conduct;
(b) For departmental employment purposes;
(c) For the purposes of licensing, certifying, registering or
otherwise regulating or administering programs, subject
individuals or qualified entities that provide care, treatment,
education, training, instruction, supervision, placement
services, recreation or support to children, the elderly or
persons with disabilities;
(d) For the purposes of employment decisions by qualified
entities that are regulated or otherwise subject to oversight by
the Department of Human Services or the Employment Department and
that provide care, treatment, education, training, instruction,
supervision, placement services, recreation or support to
children, the elderly or persons with disabilities; or
(e) For the purposes of employment decisions made by a mass
transit district or transportation district for qualified
entities that, under contracts with the district or the
Department of Human Services, employ individuals to operate motor
vehicles for the transportation of medical assistance program
clients.
(2) The Department of Human Services and the Employment
Department may conduct criminal records checks on subject
individuals through the Law Enforcement Data System maintained by
the Department of State Police or a qualified vendor, if deemed
necessary by the Department of Human Services or the Employment
Department.
(3) If a nationwide criminal records check is necessary for a
subject individual, the Department of Human Services or the
Employment Department shall request the Department of State
Police to conduct the check, including fingerprint
identification, through the Federal Bureau of Investigation. The
Department of State Police shall report the results to the
Department of Human Services or the Employment Department. The
Department of State Police shall also furnish such information as
the Department of State Police may have in its possession from
its central bureau of criminal identification, including but not
limited to manual or computerized information.
(4) The Federal Bureau of Investigation shall either return or
destroy the fingerprint cards used to conduct the criminal
records check and shall not keep any record of the fingerprints.
However, if the federal bureau policy authorizing return or
destruction of the fingerprint cards is changed, the Department
of Human Services or the Employment Department shall cease to
send the cards to the federal bureau but shall continue to
process the information through other available resources.
(5) If the Federal Bureau of Investigation returns the
fingerprint cards to the Department of State Police, the
department shall return the fingerprint cards to the Department
of Human Services or the Employment Department. The Department of
Human Services or the Employment Department shall destroy the
fingerprint cards and shall retain no facsimiles or other
material from which a fingerprint can be reproduced.
(6) The Department of Human Services and the Employment
Department may furnish to qualified entities, in accordance with
the respective department's rules and the rules of the Department
of State Police, information received from the Law Enforcement
Data System or a qualified vendor. In addition, the Department of
Human Services, the Employment Department and the Department of
State Police shall permit a subject individual to inspect the
individual's own Oregon criminal offender record. However, any
criminal offender records and information furnished to the
Department of Human Services and the Employment Department by the
Federal Bureau of Investigation through the Department of State
Police may not be disseminated to other qualified entities or
subject individuals.
(7)(a) A qualified entity, using rules adopted by the
Department of Human Services and the Employment Department, shall
determine under this section whether a subject individual is fit
to hold a position, provide services, be employed or, if the
qualified entity has authority to make such a determination, be
licensed, certified or registered, based on the criminal offender
information obtained pursuant to this section, any false
statements made by the individual regarding the criminal history
of the individual and any refusal to submit or consent to a
criminal records check including fingerprint identification. If a
subject individual is determined to be unfit, then that person
shall not hold the position, provide services or be employed,
licensed, certified or registered.
(b) In making the fitness determination, the qualified entity
shall consider:
(A) The nature of the crime;
(B) The facts that support the conviction or pending indictment
or indicate the making of the false statement;
(C) The relevancy, if any, of the crime or the false statement
to the specific requirements of the subject individual's present
or proposed position, services, employment, license,
certification or registration; and
(D) Intervening circumstances relevant to the responsibilities
and circumstances of the position, services, employment, license,
certification or registration. Intervening circumstances include
but are not limited to the passage of time since the commission
of the crime, the age of the person at the time of the crime, the
likelihood of a repetition of offenses, the subsequent commission
of another relevant crime and a recommendation of an employer.
(c) The Department of Human Services and the Employment
Department are the only qualified entities that may make fitness
determinations based on criminal offender records and information
furnished by the Federal Bureau of Investigation through the
Department of State Police.
(d) A qualified entity shall have immunity from any civil
liability that might otherwise be incurred or imposed for
determining pursuant to this subsection that a subject individual
is not fit to hold a position, provide services or be employed,
licensed, certified or registered. A qualified entity and an
employer or employer's agent who in good faith comply with this
section and the decision of the qualified entity are not liable
for the failure to hire a prospective employee or the decision to
discharge an employee on the basis of the qualified entity's
decision. No employee of the state, a business or an organization
is liable for defamation, invasion of privacy, negligence or any
other civil claim in connection with the lawful dissemination of
information lawfully obtained under this section.
(8)(a) The Department of Human Services and the Employment
Department shall each establish by rule a contested case process
by which a subject individual may appeal the determination that
the subject individual is disqualified for a position, services,
employment, license, certification or registration pursuant to
this section. Challenges to the accuracy or completeness of
information provided by the Department of State Police, the
Federal Bureau of Investigation and agencies reporting
information to the department or bureau must be made through the
department, bureau or agency and not through the contested case
process required by this paragraph.
(b) A subject individual who is also employed by the Department
of Human Services or the Employment Department and who is
determined disqualified for a position may appeal the
determination through either the contested case process adopted
under this subsection or applicable personnel rules, policies and
collective bargaining provisions. A subject individual's decision
to appeal a determination through personnel rules, policies and
collective bargaining provisions shall constitute an election of
remedies as to the rights of the subject individual with respect
to the disqualification determination, and shall constitute
waiver of the contested case process.
(9) The Department of Human Services shall develop a system
that maintains information regarding criminal records checks in
order to minimize the administrative burden that criminal records
check requirements impose upon subject individuals and providers.
Records maintained under this subsection for subject individuals
are confidential and shall not be disseminated except for the
purposes of this section and in accordance with the rules of the
Department of Human Services and the Department of State Police.
Nothing in this subsection permits the Department of Human
Services to retain fingerprint cards of subject individuals.
(10) The Department of Human Services and the Employment
Department, in consultation with the Department of State Police
and affected provider, beneficiary and employee groups, shall
adopt rules to implement this section and other statutes relating
to criminal offender information. The rules may include but are
not limited to:
(a) Specifying which employees are authorized to make criminal
record inquiries;
(b) Specifying categories of subject individuals who are
subject to criminal records checks;
(c) Specifying the information, including fingerprints, that
may be required from a subject individual to permit a criminal
records check;
(d) Specifying which programs, services or qualified entities
are subject to this section;
(e) Specifying which qualified entities may request criminal
offender information;
(f) Specifying which qualified entities are responsible for
deciding whether a subject individual is not fit for a position,
service, license, certification, registration or employment;
(g) Specifying which crimes may be considered in reviewing
criminal offender information for a subject individual;
(h) Specifying when a nationwide criminal records check shall
be conducted on a subject individual through the Department of
State Police. The additional cost of obtaining a nationwide
criminal records check and the risk to vulnerable Oregonians
should be taken into consideration when adopting rules under this
paragraph;
(i) Specifying when a qualified entity, in lieu of conducting a
completely new criminal records check, may proceed to make a
fitness determination under this section using the information
maintained by the Department of Human Services pursuant to
subsection (9) of this section;
(j) Determining when a subject individual may be hired on a
probationary basis pending a criminal records check. At a
minimum, if there is any indication of criminal behavior by the
subject individual, the rules must require that, if the
individual is hired, the individual can be hired only on a
probationary basis and must be actively supervised at all times
when the individual is in contact with children, the elderly or
persons with disabilities; and
(k) Establishing fees in an amount not to exceed the actual
cost of acquiring and furnishing criminal offender information.
(11) The Department of Human Services shall appoint a criminal
records check rules coordinator who shall be responsible for
ensuring that the { - department's divisions and offices
adopt - } { + department adopts + } appropriately consistent
criminal records check processes that minimize adverse impacts to
subject individuals and providers while accomplishing protection
for children, the elderly and persons with disabilities.
(12) Criminal offender information is confidential. The
Department of State Police shall adopt rules to restrict
dissemination of information received under this section to
persons with a demonstrated and legitimate need to know the
information. Any qualified entity receiving information pursuant
to this section is bound by the rules of disclosure adopted by
the department.
(13) For purposes of receiving the information described in
this section, the Department of Human Services and the Employment
Department are each considered to be a 'designated agency' under
ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules
adopted under ORS 181.555.
(14) If a subject individual refuses to consent to the criminal
records check or refuses to be fingerprinted, the qualified
entity shall deny or terminate the employment of the individual,
or revoke or deny any applicable position, service, employment,
license, certification or registration.
(15) The Department of Human Services and Employment Department
shall define by rule the conditions under which subject
individuals may participate in training, orientation and work
activities pending completion of a criminal records check through
the Law Enforcement Data System, qualified vendor or nationwide
criminal records check. At a minimum, subject individuals shall
be actively supervised at all times that they are in contact with
children, the elderly and persons with disabilities during such
periods of training, orientation and work. Subject individuals
may continue probationary employment while awaiting the
nationwide criminal records check as long as the individual's
criminal records check through the Law Enforcement Data System or
qualified vendor did not result in disqualification and there are
no other indications of criminal behavior.
(16) If the qualified entity requires a criminal records check
of employees or other persons, the application forms of the
qualified entity must contain a notice that employment is subject
to fingerprinting and a criminal records check as required by
this section and ORS 181.539.
(17) As used in this section:
(a) 'Care' means the provision of care, treatment, education,
training, instruction, supervision, placement services,
recreation or support to children, the elderly or persons with
disabilities and developmental disabilities.
(b) 'Qualified entity' means the Department of Human Services,
the Employment Department, community mental health and
developmental disability program, local health department or an
individual or business or organization, whether public, private,
for-profit, nonprofit or voluntary, that provides care, including
a business or organization that licenses, certifies or registers
others to provide care.
(c) 'Qualified vendor' means a supplier of criminal history
backgrounds who is certified by the Department of Human Services
or the Employment Department as having substantially the same
criminal offender information as the Law Enforcement Data System.
(d) 'Subject individual' means a person subject to a criminal
records check as specified by rule of the Department of Human
Services or the Employment Department.
{ + NOTE: + } Reflects statutory agency naming scheme in
(11).
SECTION 80. ORS 181.620 is amended to read:
181.620. (1) The Governor shall appoint a Board on Public
Safety Standards and Training consisting of 23 members as
follows:
(a) Two members shall be chiefs of police recommended to the
Governor by the Oregon Association { - of - } Chiefs of
Police;
(b) One member shall be a sheriff recommended to the Governor
by the Oregon State Sheriffs' Association;
(c) One member shall be a fire chief recommended to the
Governor by the Oregon Fire Chiefs' Association;
(d) One member shall be a representative of the fire service
recommended to the Governor by the Oregon Fire District
Directors' Association;
(e) One member shall be a member of the Oregon State Fire
Fighter's Council recommended to the Governor by the executive
body of the council;
(f) One member shall be a representative of corrections
personnel recommended to the Governor by the Oregon State
Sheriffs' Association;
(g) One member shall be a representative of the fire service
recommended to the Governor by the Oregon Volunteer Fire
Fighters' Association;
(h) One member shall be a representative of public safety
telecommunicators;
(i) One member shall be a district attorney recommended to the
Governor by the Oregon District Attorneys Association;
(j) One member shall be the Superintendent of State Police;
(k) One member shall be the Chief of the Portland Police
Bureau;
(L) One member shall be the State Fire Marshal;
(m) One member shall be the Chief of the Portland Fire Bureau;
(n) One member shall be the Director of the Department of
Corrections;
(o) One member shall be the Special Agent in Charge of the
Federal Bureau of Investigation for Oregon;
(p) One member shall represent forest protection agencies
recommended to the Governor by the State Forestry Department;
(q) One member shall be an administrator of a municipality
recommended to the Governor by the executive body of the League
of Oregon Cities;
(r) Two members shall be nonmanagement representatives of law
enforcement;
(s) One member shall be a public member. A person appointed as
a public member under this section shall be a person:
(A) Who has no personal interest or occupational
responsibilities in the area of responsibility given to the
board; and
(B) Who represents the interests of the public in general; and
(t) Two members shall be representatives of the private
security industry recommended to the Governor by the Advisory
Committee on Private Security Services.
(2) The term of office of a member is three years, and no
member may be removed from office except for cause. Before the
expiration of the term of a member, the Governor shall appoint
the member's successor to assume the member's duties on July 1
next following. In case of a vacancy for any cause, the Governor
shall make an appointment, effective immediately, for the
unexpired term.
(3) Except for members who serve by virtue of office, no member
shall serve more than two terms. For purposes of this subsection,
a person appointed to fill a vacancy consisting of an unexpired
term of at least one and one-half years has served a full term.
(4) Appointments of members of the board by the Governor,
except for those members who serve by virtue of office, are
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565.
(5) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
{ + NOTE: + } Corrects name of association in (1)(a).
SECTION 81. ORS 181.637 is amended to read:
181.637. (1) The Board on Public Safety Standards and Training
shall establish the following policy committees:
(a) Corrections Policy Committee;
(b) Fire Policy Committee;
(c) Police Policy Committee; and
(d) Telecommunications Policy Committee.
(2) The members of each policy committee shall select a
chairperson and vice chairperson for the policy committee. Only
members of the policy committee who are also members of the board
are eligible to serve as a chairperson or vice chairperson. The
vice chairperson may act as chairperson in the absence of the
chairperson.
(3) The Corrections Policy Committee consists of:
(a) All of the board members who represent the corrections
discipline;
(b) The chief administrative officer of the training division
of the Department of Corrections;
(c) A security manager from the Department of Corrections; and
(d) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing the Oregon State
Sheriffs' Association;
(B) Two persons recommended by and representing the Oregon Jail
Managers' Association;
(C) One person recommended by and representing a statewide
association of community corrections directors; and
(D) One nonmanagement corrections officer employed by the
Department of Corrections.
(4) The Fire Policy Committee consists of:
(a) All of the board members who represent the fire service
discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing a statewide
association of fire instructors;
(B) One person recommended by and representing a statewide
association of fire marshals;
(C) One person recommended by and representing community
college fire programs; and
(D) One nonmanagement firefighter recommended by a statewide
organization of firefighters.
(5) The Police Policy Committee consists of:
(a) All of the board members who represent the law enforcement
discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) One person recommended by and representing the Oregon
Association { - of - } Chiefs of Police;
(B) Two persons recommended by and representing the Oregon
State Sheriffs' Association;
(C) One command officer recommended by and representing the
Oregon State Police; and
(D) One nonmanagement law enforcement officer.
(6) The Telecommunications Policy Committee consists of:
(a) All of the board members who represent the
telecommunications discipline; and
(b) The following, who may not be current board members,
appointed by the chairperson of the board:
(A) Two persons recommended by and representing a statewide
association of public safety communications officers;
(B) One person recommended by and representing the Oregon
Association { - of - } Chiefs of Police;
(C) One person recommended by and representing the Oregon State
Police;
(D) Two persons representing telecommunicators;
(E) One person recommended by and representing the Oregon State
Sheriffs' Association;
(F) One person recommended by and representing the Oregon Fire
Chiefs' Association;
(G) One person recommended by and representing the Emergency
Medical Services and Trauma Systems Program of the Department of
Human Services; and
(H) One person representing paramedics and recommended by a
statewide association dealing with fire medical issues.
(7) In making appointments to the policy committees under this
section, the chairperson of the board shall seek to reflect the
diversity of the state's population. An appointment made by the
chairperson of the board must be ratified by the board before the
appointment is effective. The chairperson of the board may remove
an appointed member for just cause. An appointment to a policy
committee that is based on the member's employment is
automatically revoked if the member changes employment. The
chairperson of the board shall fill a vacancy in the same manner
as making an initial appointment. The term of an appointed member
is two years. An appointed member may be appointed to a second
term.
(8) A policy committee may meet at such times and places as
determined by the policy committee in consultation with the
board. A majority of a policy committee constitutes a quorum to
conduct business. A policy committee may create subcommittees if
needed.
(9)(a) Each policy committee shall develop policies,
requirements, standards and rules relating to its specific
discipline. A policy committee shall submit its policies,
requirements, standards and rules to the board for the board's
consideration. When a policy committee submits a policy,
requirement, standard or rule to the board for the board's
consideration, the board shall:
(A) Approve the policy, requirement, standard or rule;
(B) Disapprove the policy, requirement, standard or rule; or
(C) Defer a decision and return the matter to the policy
committee for revision or reconsideration.
(b) The board may defer a decision and return a matter
submitted by a policy committee under paragraph (a) of this
subsection only once. If a policy, requirement, standard or rule
that was returned to a policy committee is resubmitted to the
board, the board shall take all actions necessary to implement
the policy, requirement, standard or rule unless the board
disapproves the policy, requirement, standard or rule.
(c) Disapproval of a policy, requirement, standard or rule
under paragraph (a) or (b) of this subsection requires a
two-thirds vote by the members of the board.
(10) At any time after submitting a matter to the board, the
chairperson of the policy committee may withdraw the matter from
the board's consideration.
{ + NOTE: + } Corrects name of association in (5)(b)(A) and
(6)(b)(B).
SECTION 82. ORS 181.638 is amended to read:
181.638. (1) An executive committee of the Board on Public
Safety Standards and Training is created consisting of the
chairperson of the board, the chairpersons of the policy
committees created in ORS 181.637 and the chairperson of the
Advisory Committee on Private Security Services established in
ORS 181.889.
(2) If necessary, the executive committee shall reconcile
inconsistencies in policies among the policy committees and the
advisory committee. The executive committee shall recommend
agenda items for meetings of the board and indicate if a board
vote is requested on particular agenda items. The executive
committee shall meet as necessary to consider legislative
concepts, budgets, grants and other matters that arise between
regular board meetings.
(3) Except as otherwise provided in this subsection, only those
members of the executive committee who are chairpersons of
{ - a - } policy or advisory { - committee - } { +
committees + } may vote. A majority of the executive committee
constitutes a quorum to transact business. If the chairperson of
the executive committee is not a chairperson of a policy
committee, the chairperson may vote only in the case of a tie
vote of the other members.
{ + NOTE: + } Refines syntax in (3).
SECTION 83. ORS 181.725 is amended to read:
181.725. (1) There is established a Criminal Justice
Information Standards Advisory Board to advise the Department of
State Police or the criminal justice agency designated by the
Director of the Oregon Department of Administrative Services
under ORS 181.715 (1) about the department's or the agency's
duties under ORS 181.715. The board consists of the following
members:
(a) The State Court Administrator or the administrator's
designee;
(b) The Director of the Department of Corrections or the
director's designee;
(c) The Superintendent of State Police or the superintendent's
designee;
(d) The executive director of the Oregon Criminal Justice
Commission or the executive director's designee;
(e) The Director of Transportation or the director's designee;
(f) The chairperson of the State Board of Parole and
Post-Prison Supervision or the chairperson's designee;
(g) The Director of the Department of Public Safety Standards
and Training or the director's designee;
(h) A chief of police designated by the Oregon Association
{ - of - } Chiefs of Police;
(i) A sheriff designated by the Oregon Sheriffs' Association;
(j) A jail manager designated by the Oregon Jail Managers'
Association;
(k) A county juvenile department director designated by the
Oregon Juvenile Department Directors' Association;
(L) A community corrections agency director designated by the
Oregon Association of Community Corrections Directors;
(m) A district attorney designated by the Oregon District
Attorneys Association;
(n) The administrator of the information resource management
division of the Oregon Department of Administrative Services or
the administrator's designee;
(o) The Director of the Oregon Youth Authority or the
director's designee;
(p) The State Fish and Wildlife Director or the director's
designee;
(q) The administrator of the Oregon Liquor Control Commission
or the administrator's designee; and
(r) The staff director of the State Commission on Children and
Families or the staff director's designee.
(2) The board shall meet at such times and places as the board
deems necessary.
(3) The members of the board are not entitled to compensation
but are entitled to expenses as provided in ORS 292.495.
{ + NOTE: + } Corrects name of association in (1)(h).
SECTION 84. ORS 181.870 is amended to read:
181.870. As used in ORS 181.620, 181.870 to 181.889, 181.991
and 203.090:
(1) 'Advisory committee' means the private security advisory
committee created in ORS 181.889.
(2) 'Certification' means recognition by the department that a
private security officer meets all of the qualifications listed
in ORS 181.875.
{ - (3) 'Department' means the Department of Public Safety
Standards and Training. - }
{ - (4) - } { + (3) + } 'Contract security services' means
the performance of at least one of the following:
(a) The observation and reporting of any unlawful activity.
(b) The prevention of theft or misappropriation of any goods,
money or other items of value.
(c) The protection of individuals or property, including, but
not limited to, proprietary information, from harm or
misappropriation.
(d) The control of access to premises being protected.
(e) The secure movement of prisoners.
(f) The taking of enforcement action by detaining persons or
placing persons under arrest under ORS 133.225.
(g) Providing canine services for guarding premises or for the
detection of unlawful devices or substances.
{ + (4) 'Department' means the Department of Public Safety
Standards and Training. + }
(5) 'Director' means the director of the department.
(6) 'Employee' means an individual who renders personal
services wholly or partly in this state to an employer who pays
or agrees to pay the individual at a fixed rate. 'Employee '
includes an applicant for employment to perform security
services.
(7) 'Employer' means a proprietary security manager or a
security contractor.
(8) 'Instructor' means any person who has been certified by the
department as meeting the requirements to provide instruction to
private security providers or applicants.
(9) 'License' means recognition by the department that an
employer or supervisory manager meets the requirements adopted by
the Board on Public Safety Standards and Training as necessary to
provide security services.
(10) 'Primary responsibility' means an activity that is
fundamental to, and required or expected in, the regular course
of employment and is not merely incidental to employment.
(11)(a) 'Private security officer' means an individual who
performs, as the individual's primary responsibility:
(A) Contract security services for consideration as an
independent contractor or as an employee of an independent
contractor, whether armed or unarmed, full-time or part-time or
in uniform or plainclothes; or
(B) Proprietary security services for consideration.
(b) 'Private security officer' does not include:
(A) An individual while on active duty as a member of the armed
services or while performing duties as a law enforcement officer;
or
(B) An employee of a financial institution who has been
designated as a security officer for the financial institution
pursuant to the Bank Protection Act of 1968 (12 U.S.C. 1881, et
seq.) and regulations adopted thereunder or pursuant to ORS
723.276 (5).
(12) 'Private security provider' means any person who performs
contract security services or proprietary security services or
who performs the functions of an employer, supervisory manager or
instructor.
(13) 'Proprietary security manager' means an individual
employed by a person or entity, other than a security contractor,
whose responsibilities include implementing proprietary security
services provided by a private security officer.
(14) 'Proprietary security services' means the performance of
at least one of the activities listed in subsection (4) of this
section if the person performing the activity:
(a) Wears a uniform readily identifiable by a member of the
public as that worn by a private security officer or a law
enforcement officer;
(b) Wears clothing that bears words, such as 'security,' or
emblems that would cause a member of the public to reasonably
believe that the person is a private security officer; or
(c) Carries a dangerous or deadly weapon, as those terms are
defined in ORS 161.015, or a stun gun, pepper mace or nightstick.
(15) 'Security contractor' means any person that provides the
services of one or more private security officers for
consideration.
(16) 'Supervisory manager' means an employee of a proprietary
security manager or security contractor who has as a primary
responsibility the supervision of certified private security
officers but who does not have authority to hire and terminate
personnel.
{ + NOTE: + } Alphabetizes definitions.
SECTION 85. ORS 181.871 is amended to read:
181.871. (1) ORS 181.870 to 181.889 and 181.991 do not apply
to:
(a) A person certified by the Department of Public Safety
Standards and Training as a police officer or a parole and
probation officer.
(b) A law enforcement officer of the United States.
(c) An officer or employee of this state, Oregon Health and
Science University established by ORS 353.020 or the United
States.
(d) A person appointed or commissioned by the Governor to
perform law enforcement or security services.
(e) An attorney admitted to practice law in this state.
(f) An insurance adjuster licensed in this state and performing
duties authorized by the license.
(g) A person who monitors fire alarm systems and other alarm
systems that are not designed to detect unauthorized intrusions.
(h) A person while protecting the person's property.
(i) A person who repairs and installs intrusion alarms.
(j) A person acting as an investigator as defined in ORS
703.401.
(k) A person performing crowd management or guest services,
including, but not limited to, a person described as a ticket
taker, an usher, a parking attendant or event staff, who is not
armed, does not wear a uniform or clothing described in ORS
181.870 (14)(a) or (b) and is not hired with the primary
responsibility of taking enforcement action as described in ORS
181.870 { - (4)(f) - } { + (3)(f) + }.
(L) A person who performs security services at a facility
regulated by the United States Nuclear Regulatory Commission and
the facility is operated by the person's employer.
(2) The exemption provided by subsection (1)(k) of this section
applies only:
(a) If there is at least one person on-site who is certified or
licensed under ORS 181.878 for every 10 or fewer uncertified
persons performing the services described in subsection (1)(k) of
this section;
(b) If any enforcement action, as described in ORS 181.870
{ - (4)(f) - } { + (3)(f) + }, other than incidental or
temporary action, is taken by or under the supervision of a
person certified or licensed under ORS 181.878; and
(c) During the time when a crowd has assembled for the purpose
of attending or taking part in an organized event, including
pre-event assembly, event operation hours and post-event
departure activities.
{ + NOTE: + } Adjusts ORS references per renumbering in
(1)(k) and (2)(b). See section 84 (amending 181.870).
SECTION 86. ORS 183.458 is amended to read:
183.458. (1) Notwithstanding any other provision of law, in any
contested case hearing before a state agency involving child
support or public assistance as defined in ORS 411.010, a party
may be represented by any of the following persons:
(a) An authorized representative who is an employee of a
nonprofit legal services program that receives funding pursuant
to ORS 9.572. The authorized representative must be supervised by
an attorney also employed by a legal services program.
(b) An authorized representative who is an employee of the
system designated to protect and advocate the rights of
individuals with developmental disabilities under part C of the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6041 et seq.) and the rights of individuals with mental
illness under the Protection and Advocacy for { + Mentally
Ill + } Individuals { - with Mental Illness - } Act (42 U.S.C.
10801 et seq.). The authorized representative must be supervised
by an attorney also employed by the system.
(2) In any contested case hearing before a state agency
involving child support, a party may be represented by a law
student who is:
(a) Handling the child support matter as part of a law school
clinical program in which the student is enrolled; and
(b) Supervised by an attorney employed by the program.
(3) A person authorized to represent a party under this section
may present evidence in the proceeding, examine and cross-examine
witnesses and present factual and legal arguments in the
proceeding.
{ + NOTE: + } Corrects title of federal Act in (1)(b).
SECTION 87. ORS 184.616 is amended to read:
184.616. (1) Notwithstanding any other provisions of law, the
Oregon Transportation Commission has the power to adopt any
rules, establish any policy or exercise any other duty, function
or power where a statute gives such power to the Department of
Transportation.
(2) Where service of summons or other process is required by
statute to be served on the Director of { - the Department
of - } Transportation, the Department of Transportation or the
Oregon Transportation Commission, such service shall be made upon
the office of the director.
{ + NOTE: + } Fixes title of director in (2).
SECTION 88. ORS 190.083 is amended to read:
190.083. (1) Before a county enters into an intergovernmental
agreement creating an intergovernmental entity to operate,
maintain, repair and modernize transportation facilities, the
county shall obtain approval of the terms and conditions of the
agreement from the governing bodies of a majority of the cities
within the county.
(2) { - Notwithstanding ORS 190.080 and - } Subject to the
provisions of this section, an intergovernmental entity created
to operate, maintain, repair and modernize transportation
facilities may issue general obligation bonds and assess, levy
and collect taxes in support of the purposes of the entity.
(3)(a) To carry out the purposes of an intergovernmental
agreement under this section, and when authorized at an election
described in paragraph (b) of this subsection, an
intergovernmental entity created to operate, maintain, repair and
modernize transportation facilities may borrow moneys and sell
and dispose of general obligation bonds. Approval requires an
affirmative vote of a majority of the electors within the
intergovernmental entity voting in the election.
(b) If the bonds are not subject to the limitations under
section 11 or 11b, Article XI of the Oregon Constitution:
(A) The proposition submitted to the electors shall provide
that the intergovernmental entity shall assess, levy and collect
taxes each year on the assessed value of all taxable property
within the intergovernmental entity for the purposes of paying
the principal and interest on the general obligation bonds;
(B) The election must comply with the voter participation
requirements of section 11 (8), Article XI of the Oregon
Constitution; and
(C) Outstanding bonds may never exceed in the aggregate two
percent of the real market value of all taxable property within
the entity.
(4) The governing body of an intergovernmental entity created
to operate, maintain, repair and modernize transportation
facilities shall issue the bonds from time to time as authorized
by the electors of the entity. The governing body shall issue the
bonds according to the applicable provisions of ORS chapters 287
and 288.
(5) The electors of an intergovernmental entity created to
operate, maintain, repair and modernize transportation facilities
may establish a permanent rate limit for ad valorem property
taxes for the entity pursuant to section 11 (3)(c), Article XI of
the Oregon Constitution.
(6) An intergovernmental entity created to operate, maintain,
repair and modernize transportation facilities may exercise the
powers necessary to carry out the purposes of the
intergovernmental agreement, including but not limited to the
authority to enter into agreements and to expend tax proceeds and
other revenues the entity receives.
(7) An intergovernmental entity created to operate, maintain,
repair and modernize transportation facilities is not a district
as defined in ORS 198.010 and is not subject to the provisions of
ORS chapter 451.
{ + NOTE: + } Eliminates dueling exception in (2). See ORS
190.080 (2).
SECTION 89. ORS 190.520 is amended to read:
190.520. { + (1) + } The State Board of Higher Education
shall:
{ - (1) - } { + (a) + } Annually estimate the population as
of July 1 of each city and county within the state and no later
than December 15 of each year prepare a certificate of population
showing the board's estimate of the population of each city and
county within the state as of July 1. The board's estimate may be
based upon statistical or other pertinent data or upon an actual
count. The certificate shall also indicate the results of any
enumeration of cities or annexed areas made after July 1.
{ - (2) - } { + (b) + } Annually estimate the number of
persons between the ages of 4 and 20 who resided in each county
as of October 25. The board shall certify such estimate to the
Superintendent of Public Instruction and to the executive officer
of the administrative office of each county, as defined in ORS
328.001, by January 1 of each year.
{ - (3) - } { + (c) + } Upon an official request from a
city, county, political subdivision, public corporation or state
agency, cause to be conducted at the expense of the requesting
party an actual count of the population of the area specified in
the request and prepare a certificate of population based upon
such count.
{ - (4) - } { + (d) + } Upon the incorporation of a city,
cause to be conducted at the expense of the city an actual count
of the population of the city. The board shall prepare a
certificate of population based upon such count. If the election
of officers of the newly incorporated city is held 40 days or
more before the end of the calendar quarter, the certificate
shall be prepared before the end of the calendar quarter. If the
election is held less than 40 days before the end of the calendar
quarter, the certificate shall be prepared before the end of the
calendar quarter next following the election.
{ - (5) - } { + (2) + } All certificates prepared under
this section shall be filed with the Center for Population
Research and Census.
{ + NOTE: + } Restructures section to eliminate read-in
error.
SECTION 90. ORS 192.502 is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if the public
disclosure thereof would constitute an unreasonable invasion of
privacy, unless the public interest by clear and convincing
evidence requires disclosure in the particular instance. The
party seeking disclosure shall have the burden of showing that
public disclosure would not constitute an unreasonable invasion
of privacy.
(3) { - (a) - } Public body employee or volunteer addresses,
dates of birth and telephone numbers contained in personnel
records maintained by the public body that is the employer or the
recipient of volunteer services. This exemption { - does not
apply - } :
{ - (A) - } { + (a) Does not apply + } to such employees or
volunteers if they are elected officials, except that a judge or
district attorney subject to election may seek to exempt the
judge's or district attorney's address or telephone number, or
both, under the terms of ORS 192.445;
{ - (B) - } { + (b) Does not apply + } to such employees or
volunteers to the extent that the party seeking disclosure shows
by clear and convincing evidence that the public interest
requires disclosure in a particular instance; { - or - }
{ - (C) - } { + (c) Does not apply + } to a substitute
teacher as defined in ORS 342.815 when requested by a
professional education association of which the substitute
teacher may be a member { - . - } { + ; and + }
{ - (b) - } { + (d) + } { - Nothing in this subsection
exempting employee records from disclosure relieves - } { +
Does not relieve + } a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure thereof would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapter 238 and ORS 238.410.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Growth Account
Board, the Port of Portland or other ports, as defined in ORS
777.005, by applicants for investment funds, loans or services
including, but not limited to, those described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.430 to
151.491 for the purpose of requesting court-appointed counsel,
and all information supplied to the State Court Administrator
from whatever source for the purpose of verifying indigency of a
person pursuant to ORS 151.430 to 151.491.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of the Oregon Health and Science University that is
not customarily provided to business competitors.
(21) Records of Oregon Health and Science University regarding
candidates for the position of president of the university.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
(23) The following records, communications and information
submitted to the Housing and Community Services Department by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence requested to be confidential.
(k) Tenant files relating to certification.
(L) Housing assistance payment requests.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(25) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(27) Personally identifiable information about customers of a
municipal electric utility or a people's utility district. The
utility or district may, however, release such information to a
third party if the customer consents in writing or
electronically, if the disclosure is necessary to render utility
or district services to the customer, or if the disclosure is
required pursuant to a court order. The utility or district may
charge as appropriate for the costs of providing such
information. The utility or district may make customer records
available to third party credit agencies on a regular basis in
connection with the establishment and management of customer
accounts or in the event such accounts are delinquent.
(28) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(29) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
(30) Documents, materials or other information submitted to the
Director of the Department of Consumer and Business Services in
confidence by a state, federal, foreign or international
regulatory or law enforcement agency or by the National
Association of Insurance Commissioners, its affiliates or
subsidiaries under ORS 646.380 to 646.396, 697.005 to 697.095,
697.602 to 697.842, 705.137, 717.200 to 717.320, 717.900 or
717.905, ORS chapter 59, 722, 723, 725 or 726, the Bank Act or
the Insurance Code when:
(a) The document, material or other information is received
upon notice or with an understanding that it is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material or other information; and
(b) The director has obligated the Department of Consumer and
Business Services not to disclose the document, material or other
information.
(31) A county elections security plan developed and filed under
ORS 254.074.
{ + NOTE: + } Recasts subsection (3) to eliminate read-in
error.
SECTION 91. ORS 192.502, as amended by sections 80 and 81,
chapter 962, Oregon Laws 2001, is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if the public
disclosure thereof would constitute an unreasonable invasion of
privacy, unless the public interest by clear and convincing
evidence requires disclosure in the particular instance. The
party seeking disclosure shall have the burden of showing that
public disclosure would not constitute an unreasonable invasion
of privacy.
(3) { - (a) - } Public body employee or volunteer addresses,
dates of birth and telephone numbers contained in personnel
records maintained by the public body that is the employer or the
recipient of volunteer services. This exemption { - does not
apply - } :
{ - (A) - } { + (a) Does not apply + } to such employees or
volunteers if they are elected officials, except that a judge or
district attorney subject to election may seek to exempt the
judge's or district attorney's address or telephone number, or
both, under the terms of ORS 192.445;
{ - (B) - } { + (b) Does not apply + } to such employees or
volunteers to the extent that the party seeking disclosure shows
by clear and convincing evidence that the public interest
requires disclosure in a particular instance; { - or - }
{ - (C) - } { + (c) Does not apply + } to a substitute
teacher as defined in ORS 342.815 when requested by a
professional education association of which the substitute
teacher may be a member { - . - } { + ; and + }
{ - (b) - } { + (d) + } { - Nothing in this subsection
exempting employee records from disclosure relieves - }
{ + Does not relieve + } a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure thereof would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapter 238 and ORS 238.410.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Growth Account
Board, the Port of Portland or other ports, as defined in ORS
777.005, by applicants for investment funds, loans or services
including, but not limited to, those described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.485 for
the purpose of requesting appointed counsel, and all information
supplied to the court from whatever source for the purpose of
verifying the financial eligibility of a person pursuant to ORS
151.485.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of the Oregon Health and Science University that is
not customarily provided to business competitors.
(21) Records of Oregon Health and Science University regarding
candidates for the position of president of the university.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
(23) The following records, communications and information
submitted to the Housing and Community Services Department by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence requested to be confidential.
(k) Tenant files relating to certification.
(L) Housing assistance payment requests.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(25) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(27) Personally identifiable information about customers of a
municipal electric utility or a people's utility district. The
utility or district may, however, release such information to a
third party if the customer consents in writing or
electronically, if the disclosure is necessary to render utility
or district services to the customer, or if the disclosure is
required pursuant to a court order. The utility or district may
charge as appropriate for the costs of providing such
information. The utility or district may make customer records
available to third party credit agencies on a regular basis in
connection with the establishment and management of customer
accounts or in the event such accounts are delinquent.
(28) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(29) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
(30) Documents, materials or other information submitted to the
Director of the Department of Consumer and Business Services in
confidence by a state, federal, foreign or international
regulatory or law enforcement agency or by the National
Association of Insurance Commissioners, its affiliates or
subsidiaries under ORS 646.380 to 646.396, 697.005 to 697.095,
697.602 to 697.842, 705.137, 717.200 to 717.320, 717.900 or
717.905, ORS chapter 59, 722, 723, 725 or 726, the Bank Act or
the Insurance Code when:
(a) The document, material or other information is received
upon notice or with an understanding that it is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material or other information; and
(b) The director has obligated the Department of Consumer and
Business Services not to disclose the document, material or other
information.
(31) A county elections security plan developed and filed under
ORS 254.074.
{ + NOTE: + } Recasts (3) to eliminate read-in error.
SECTION 92. ORS 192.515 is amended to read:
192.515. As used in ORS 179.505, 192.515 and 192.517:
(1) 'Facilities' includes, but is not limited to, hospitals,
nursing homes, facilities defined in ORS 430.205, board and care
homes, homeless shelters, juvenile training schools, youth care
centers, juvenile detention centers, jails and prisons.
(2) 'Individual' means:
(a) A person with a developmental disability as defined in the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001); or
(b) An individual with mental illness as defined in the
Protection and Advocacy for { + Mentally Ill + } Individuals
{ - with Mental Illness - } Act (42 U.S.C. 10802).
(3) 'Other legal representative' means a person, other than a
legal guardian, who has been granted or retains legal authority
to exercise an individual's power to permit access to the
individual's records.
(4) 'Records' includes, but is not limited to, reports prepared
or received by any staff of a facility rendering care or
treatment, any medical examiner's report, autopsy report or
laboratory test report ordered by a medical examiner, reports
prepared by an agency or staff person charged with investigating
reports of incidents of abuse, neglect, injury or death occurring
at the facility that describe such incidents and the steps taken
to investigate the incidents and discharge planning records or
any information to which the individual would be entitled access,
if capable.
{ + NOTE: + } Corrects name of federal Act in (2)(b).
SECTION 93. ORS 192.517 is amended to read:
192.517. (1) The system designated to protect and advocate the
rights of individuals with developmental disabilities under
{ - part C of the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6041 et seq.) - } { + 42 U.S.C.A.
15041 et seq. + } and the rights of individuals with mental
illness under { - the Protection and Advocacy for Individuals
with Mental Illness Act ( - } 42 U.S.C. 10801 et seq. { - ) - }
shall have access to all records of:
(a) Any individual who is a client of the system if the
individual or the legal guardian or other legal representative of
the individual has authorized the system to have such access;
(b) Any individual, including an individual who has died or
whose whereabouts are unknown:
(A) If the individual by reason of the individual's mental or
physical condition or age is unable to authorize such access;
(B) If the individual does not have a legal guardian or other
legal representative, or the state is the legal guardian of the
individual; and
(C) If a complaint regarding the rights or safety of the
individual has been received by the system or if, as a result of
monitoring or other activities which result from a complaint or
other evidence, there is probable cause to believe that the
individual has been subject to abuse or neglect; and
(c) Any individual who has a legal guardian or other legal
representative, who is the subject of a complaint of abuse or
neglect received by the system, or whose health and safety is
believed with probable cause to be in serious and immediate
jeopardy if the legal guardian or other legal representative:
(A) Has been contacted by the system upon receipt of the name
and address of the legal guardian or other legal representative;
(B) Has been offered assistance by the system to resolve the
situation; and
(C) Has failed or refused to act on behalf of the individual.
(2) The system shall have access to the name, address and
telephone number of any legal guardian or other legal
representative of an individual.
(3) The system that obtains access to records under this
section shall maintain the confidentiality of the records to the
same extent as is required of the provider of the services,
except as provided under the Protection and Advocacy for
{ + Mentally Ill + } Individuals { - with Mental Illness - }
Act (42 U.S.C. 10806).
(4) The system shall have reasonable access to facilities,
including the residents and staff of the facilities.
(5) This section is not intended to limit or overrule the
provisions of ORS 41.675 or 441.055 (9).
{ + NOTE: + } Streamlines and corrects federal citations in
(1); corrects name of federal Act in (3).
SECTION 94. ORS 192.580 is amended to read:
192.580. (1) A financial institution shall have a reasonable
period of time in which to comply with any proper customer
authorization, summons, subpoena or search warrant permitting or
seeking disclosure of financial records. For the purposes of this
section, a 'reasonable period of time' shall in no case be less
than 10 days from the date upon which the financial institution
receives or is served with a customer authorization, summons,
subpoena or search warrant. However, in all cases in which
disclosure is sought pursuant to ORS 192.565, the reasonable
period of time shall be not less than 20 days.
(2) Before making disclosures, a financial institution may
require that the requesting state or local agency reimburse the
financial institution for the reasonable costs incurred by the
financial institution in the course of compliance. These costs
include, but are not limited to, personnel costs, reproduction
costs and travel expenses. The following charges shall be
considered reasonable costs:
(a) Personnel costs, $30 per hour per person, computed on the
basis of $7.50 per quarter hour or fraction thereof, for time
expended by personnel of the financial institution in searching,
locating, retrieving, copying and transporting or conveying the
requested material to the place of examination.
(b) Reproduction costs, $1 per page, including copies produced
by reader and printer reproduction processes. Photographs, films
and other materials shall be reimbursed at actual costs.
(c) Travel expenses, 50 cents per mile, plus other actual
costs, necessary to transport personnel to locate and retrieve
the information required or requested and to convey the required
or requested material to the place of examination.
(3) The provisions of subsection (2) of this section
{ - may - } { + do + } not apply in the case of records
subpoenaed by a prosecuting attorney as evidence of the crimes of
negotiating a bad check under ORS 165.065, forgery under ORS
165.007 and 165.013, theft by deception by means of a bad check
under ORS 164.085, fraudulent use of a credit card under ORS
165.055, identity theft under ORS 165.800 or racketeering
activity under ORS 166.720 or of an offense listed in ORS
137.700.
{ + NOTE: + } Corrects prohibitive word choice in (3).
SECTION 95. ORS 192.630 is amended to read:
192.630. (1) All meetings of the governing body of a public
body shall be open to the public and all persons shall be
permitted to attend any meeting except as otherwise provided by
ORS 192.610 to 192.690.
(2) No quorum of a governing body shall meet in private for the
purpose of deciding on or deliberating toward a decision on any
matter except as otherwise provided by ORS 192.610 to 192.690.
(3) A governing body shall not hold a meeting at any place
where discrimination on the basis of race, creed, color, sex,
age, national origin or disability is practiced. However, the
fact that organizations with restricted membership hold meetings
at the place shall not restrict its use by a public body if use
of the place by a restricted membership organization is not the
primary purpose of the place or its predominate use.
(4) Meetings of the governing body of a public body shall be
held within the geographic boundaries over which the public body
has jurisdiction, or at the administrative headquarters of the
public body or at the other nearest practical location. Training
sessions may be held outside the jurisdiction so long as no
deliberations toward a decision are involved. A joint meeting of
two or more governing bodies or of one or more governing bodies
and the elected officials of one or more federally recognized
Oregon Indian tribes shall be held within the geographic
boundaries over which one of the participating public bodies or
one of the Oregon Indian tribes has jurisdiction or at the
nearest practical location. Meetings may be held in locations
other than those described in this subsection in the event of an
actual emergency necessitating immediate action. { - This
subsection does not apply to the Oregon State Bar until December
31, 1980. - }
(5)(a) It shall be considered discrimination on the basis of
disability for a governing body of a public body to meet in a
place inaccessible to the disabled, or, upon request of a hearing
impaired person, to fail to make a good faith effort to have an
interpreter for hearing impaired persons provided at a regularly
scheduled meeting. The sole remedy for discrimination on the
basis of disability shall be as provided in ORS 192.680.
(b) The person requesting the interpreter shall give the
governing body at least 48 hours' notice of the request for an
interpreter, shall provide the name of the requester, sign
language preference and any other relevant information the
governing body may request.
(c) If a meeting is held upon less than 48 hours' notice,
reasonable effort shall be made to have an interpreter present,
but the requirement for an interpreter does not apply to
emergency meetings.
(d) If certification of interpreters occurs under state or
federal law, the Oregon Disabilities Commission or other state or
local agency shall try to refer only certified interpreters to
governing bodies for purposes of this subsection.
(e) As used in this subsection, 'good faith effort ' includes,
but is not limited to, contacting the Oregon Disabilities
Commission or other state or local agency that maintains a list
of qualified interpreters and arranging for the referral of one
or more such persons to provide interpreter services.
{ + NOTE: + } Deletes obsolete provision in (4).
SECTION 96. ORS 196.810 is amended to read:
196.810. (1)(a) Except as otherwise specifically permitted
under ORS 196.600 to 196.905, no person or governmental body may
remove any material from the beds or banks or fill any waters of
this state without a permit issued under authority of the
Director of the Division of State Lands, or in a manner contrary
to the conditions set out in the permit, or in a manner contrary
to the conditions set out in an order approving a wetlands
conservation plan.
(b) Notwithstanding the permit requirements of this section and
notwithstanding the provisions of ORS 196.800 (5) and (12), if
any removal or fill activity is proposed in essential indigenous
anadromous salmonid habitat, except for those activities
customarily associated with agriculture, a permit is required. '
Essential indigenous anadromous salmonid habitat' as defined
under this section shall be further defined and designated by
rule by the Division of State Lands in consultation with the
State Department of Fish and Wildlife and in consultation with
other affected parties.
(c) No person may be required to obtain a permit under
paragraph (b) of this subsection for prospecting or other
nonmotorized activities resulting in the removal from or fill of
less than one cubic yard of material at any one individual site
and, cumulatively, not more than five cubic yards of material
within a designated essential indigenous anadromous salmonid
habitat segment in a single year. Prospecting or other
nonmotorized activities may be conducted only within the bed or
wet perimeter of the waterway and may not occur at any site where
fish eggs are present. Removal or filling activities customarily
associated with mining { - requires - } { + require + } a
permit under paragraph (b) of this subsection.
(d) No permit may be required under paragraph (b) of this
subsection for construction or maintenance of fish passage and
fish screening structures that are constructed, operated or
maintained under ORS 498.311, 498.316, 498.326 or 509.600 to
509.645.
(e) Nothing in this section limits or otherwise changes the
exemptions under ORS 196.905.
(f) As used in paragraphs (b) and (c) of this subsection:
(A) 'Bed' means the land within the wet perimeter and any
adjacent nonvegetated dry gravel bar.
(B) 'Essential indigenous anadromous salmonid habitat ' means
the habitat that is necessary to prevent the depletion of
indigenous anadromous salmonid species during their life history
stages of spawning and rearing.
(C) 'Indigenous anadromous salmonid' means chum, sockeye,
Chinook and Coho salmon, and steelhead and cutthroat trout, that
are members of the family Salmonidae and are listed as sensitive,
threatened or endangered by a state or federal authority.
(D) 'Prospecting' means searching or exploring for samples of
gold, silver or other precious minerals, using nonmotorized
methods, from among small quantities of aggregate.
(E) 'Wet perimeter' means the area of the stream that is under
water or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the
activity occurs.
(2) No governmental body may issue a lease or permit contrary
or in opposition to the conditions set out in the permit issued
under ORS 196.600 to 196.905.
(3) Subsection (1) of this section does not apply to removal of
material under a contract, permit or lease with any governmental
body entered into before September 13, 1967. However, no such
contract, permit or lease may be renewed or extended on or after
September 13, 1967, unless the person removing the material has
obtained a permit under ORS 196.600 to 196.905.
(4) Notwithstanding subsection (1) of this section, the
Division of State Lands may issue, orally or in writing, an
emergency authorization for the removal of material from the beds
or banks or filling of any waters of this state in an emergency,
for the purpose of making repairs or for the purpose of
preventing irreparable harm, injury or damage to persons or
property. The emergency authorization issued under this
subsection:
(a) Shall contain conditions of operation that the division
determines are necessary to minimize impacts to water resources
or adjoining properties.
(b) Shall be based, whenever practicable, on the
recommendations contained in an on-site evaluation by an employee
or representative of the division.
(c) If issued orally, shall be confirmed in writing by the
division within five days.
{ + NOTE: + } Corrects grammar in (1)(c).
SECTION 97. ORS 196.810, as amended by section 2, chapter 516,
Oregon Laws 2001, is amended to read:
196.810. (1)(a) Except as otherwise specifically permitted
under ORS 196.600 to 196.905, a person or governmental body may
not remove any material from the beds or banks or fill any waters
of this state without a permit issued under authority of the
Director of the Division of State Lands, or in a manner contrary
to the conditions set out in the permit, or in a manner contrary
to the conditions set out in an order approving a wetlands
conservation plan.
(b) A permit is not required under paragraph (a) of this
subsection for prospecting or other nonmotorized activities
resulting in the removal from or fill of less than one cubic yard
of material at any one individual site and, cumulatively, not
more than five cubic yards of material within a particular stream
segment in a single year. Prospecting { - shall - } { + or
other nonmotorized activities may + } be conducted only within
the bed or wet perimeter of the waterway and { - shall - }
{ + may + } not occur at any site where fish eggs are present.
Removal or filling activities customarily associated with mining
{ - shall require - } { + require + } a permit under paragraph
(a) of this subsection.
(c) A permit is not required under paragraph (a) of this
subsection for construction or maintenance of fish passage and
fish screening structures associated with irrigation ditches or
the maintenance of drainage ditches that are constructed,
operated or maintained under ORS 498.311, 498.316, 498.326 or
509.600 to 509.645.
(d) Nothing in this section { - shall limit - } { +
limits + } or otherwise
{ - change - } { + changes + } the exemptions under ORS
196.905.
{ - (e) As used in this section: - }
{ - (A) 'Bed' means the land within the wet perimeter and any
adjacent nonvegetated dry gravel bar. - }
{ - (B) 'Prospecting' means searching or exploring for
samples of gold, silver or other precious minerals, using
nonmotorized methods, from among small quantities of
aggregate. - }
{ - (C) 'Wet perimeter' means the area of the stream that is
under water or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the
activity occurs. - }
(2) A governmental body may not issue a lease or permit
contrary or in opposition to the conditions set out in the permit
issued under ORS 196.600 to 196.905.
(3) Subsection (1) of this section does not apply to removal of
material under a contract, permit or lease with any governmental
body entered into before September 13, 1967. However, a contract,
permit or lease may not be renewed or extended on or after
September 13, 1967, unless the person removing the material has
obtained a permit under ORS 196.600 to 196.905.
(4) Notwithstanding subsection (1) of this section, the
Division of State Lands may issue, orally or in writing, an
emergency authorization for the removal of material from the beds
or banks or filling of any waters of this state in an emergency,
for the purpose of making repairs or for the purpose of
preventing irreparable harm, injury or damage to persons or
property. The emergency authorization issued under this
subsection:
(a) Shall contain conditions of operation that the division
determines are necessary to minimize impacts to water resources
or adjoining properties.
(b) Shall be based, whenever practicable, on the
recommendations contained in an on-site evaluation by an employee
or representative of the division.
(c) If issued orally, shall be confirmed in writing by the
division within five days.
{ + (5) As used in this section:
(a) 'Bed' means the land within the wet perimeter and any
adjacent nonvegetated dry gravel bar.
(b) 'Prospecting' means searching or exploring for samples of
gold, silver or other precious minerals, using nonmotorized
methods, from among small quantities of aggregate.
(c) 'Wet perimeter' means the area of the stream that is under
water or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the
activity occurs. + }
{ + NOTE: + } Reconciles dual versions of statute in (1)(b);
conforms syntax to legislative style in (1)(b) and (d); relocates
definitions.
SECTION 98. ORS 198.705 is amended to read:
198.705. As used in ORS 198.705 to 198.955, unless the context
requires otherwise:
(1) 'Affected county' means each county which contains or would
contain any territory for which a formation or a change of
organization is proposed or ordered or which contains all or any
part of a district for which a change of organization is proposed
or ordered.
(2) 'Affected district' means each district which contains or
would contain territory for which a formation or a change of
organization is proposed or ordered.
(3) 'Annexation' includes the attachment or addition of
territory to, or inclusion of territory in, an existing district.
{ - (4) 'District board' means the governing board of a
district. - }
{ - (5) - } { + (4) + } 'Change of organization' means the
annexation or withdrawal of territory to or from a district, the
merger or consolidation of districts or the dissolution of a
district.
{ - (6) - } { + (5) + } 'Consolidation' means the uniting
or joining of two or more districts into a single new successor
district.
{ - (7) - } { + (6) + } 'County board' means the county
court or board of county commissioners of the principal county.
{ - (8) - } { + (7) + } 'Dissolution' includes
disincorporation, extinguishment or termination of the existence
of a district and the cessation of all its corporate powers,
except for the purpose of winding up the affairs of the district.
{ + (8) 'District board' means the governing board of a
district. + }
(9) 'Formation' includes incorporation, organization or
creation of a district.
(10) 'Inhabited territory' means territory within which there
reside 12 or more persons who have been registered to vote within
the territory for at least 30 days prior to the date a proceeding
is commenced under ORS 198.705 to 198.955.
(11) 'Landowner' or 'owner of land' means any person shown as
the owner of land on the last assessment roll { - ; - }
{ + . + } However, { - where such - } { + if the + } person
no longer holds the title to the property, then the terms mean
any person entitled to be shown as owner of land on the next
assessment roll { - ; - } { + , + } or, { - where - } { +
when + } land is subject to a written agreement of sale, the
terms mean any person shown in the agreement as purchaser to the
exclusion of the seller { - ; and the terms include - } { + .
'Landowner' or 'owner of land' includes + } any public agency
owning land.
(12) 'Legal representative' means:
(a) An officer of a corporation duly authorized, by the bylaws
or a resolution of the board of directors of the corporation, to
sign for and on behalf of the corporation; and
(b) A guardian, executor, administrator or other person holding
property in a trust capacity under appointment of court, when
authorized by an order of court, which order may be made without
notice.
(13) 'Merger' means the extinguishment, termination and
cessation of the existence of one or more districts by uniting
with and being absorbed into another district.
(14) 'Notice' includes an ordinance, resolution, order or other
similar matter providing notice which ORS 198.705 to 198.955
authorize or require to be published, posted or mailed.
(15) 'Principal Act' means the statutes which describe the
powers of a district, including the statutes under which a
district is proposed or is operating.
(16) 'Principal county' or 'county' means the county in which
the district, or the greater portion of the assessed value of all
taxable property in the district, as shown by the most recent
assessment roll of the counties, is located at the time
proceedings are initiated to form a district { - ; - }
{ + , + } but for any district formed prior to and existing on
September 9, 1971, ' principal county' or 'county' means the
county in which the district, or the greater portion of the value
of all taxable property in the district, as shown by the most
recent assessment roll of the counties, was located on September
9, 1971.
(17) 'Proceeding' means a proceeding for formation or for
change of organization conducted pursuant to ORS 198.705 to
198.955.
(18) 'Uninhabited territory' means territory within which there
reside less than 12 electors who were residents within the
territory 30 days prior to the date a proceeding is commenced
under ORS 198.705 to 198.955.
(19) 'Withdrawal' includes the detachment, disconnection or
exclusion of territory from an existing district.
{ + NOTE: + } Alphabetizes definitions; conforms syntax and
punctuation to legislative style in (11) and (16).
SECTION 99. ORS 199.432 is amended to read:
199.432. (1) A boundary commission created under ORS 199.425 or
199.430 may sue and be sued, enter into contracts and perform
such other actions as may be necessary to carry out the
provisions of ORS 199.410 to 199.534.
(2) A boundary commission is a state agency as defined in ORS
291.002 (7) and is not subject to the provisions of ORS 291.201
to 291.226, 291.232 to 291.260 { + , + } { - and - }
291.371 { + , 291.373, 291.375 or + }
{ - to - } 291.385.
(3) A boundary commission employing personnel under ORS 199.455
shall provide employee benefits provided to state management
service employees.
{ + NOTE: + } Deconstructs invalid series reference in (2).
SECTION 100. ORS 215.251 is amended to read:
215.251. Nothing in { - the amendments to ORS 215.213 and
215.283 by sections 1 to 3, chapter 488, Oregon Laws 2001,
and - } ORS { + 215.213 (1)(bb), + } 215.246 to 215.249 { + or
215.283 (1)(y) + } affects whether the land application of a
substance not described in { - the amendments to ORS 215.213
and 215.283 by sections 1 to 3, chapter 488, Oregon Laws 2001,
and - } ORS { + 215.213 (1)(bb), + } 215.246 to 215.249 { + or
215.283 (1)(y) + } is a farm use as defined in ORS 215.203.
{ + NOTE: + } Eliminates session law references in favor of
direct ORS references.
SECTION 101. ORS 221.110 is amended to read:
221.110. The officers of a city created under ORS 221.010 to
221.100 shall be five { - councilmen - } { + councillors + },
a municipal judge and such other officers as the council deems
necessary. Any resident of a city shall be eligible to hold an
office of the city.
{ + NOTE: + } Deletes gender-specific term.
SECTION 102. ORS 221.120 is amended to read:
221.120. Concerning the council of a city created under ORS
221.010 to 221.100:
(1) Three { - councilmen - } { + councillors + } shall be
elected biennially.
(2) At an election for electing { - councilmen - } { +
councillors, + } the candidates who receive the three highest
numbers of votes shall be deemed elected, and of these three the
ones receiving the two highest numbers of votes shall hold office
for four years and the remaining one shall hold office for two
years.
(3) A { - councilman's - } { + councillor's + } term of
office shall begin at the first council meeting in the year
immediately ensuing the year of the election of the
{ - councilman - } { + councillor + }.
(4) The council shall fill by appointment vacancies in its
membership.
(5) The term of office of an appointee to an office of
{ - councilman - } { + councillor + } shall be the remainder
of the term of office of the immediate predecessor of the
appointee in the office.
(6) The powers of the city shall be vested in the council.
(7) A majority of the members of the council shall constitute a
quorum for action by the council.
(8) No action by the council shall have legal effect unless
concurred in by a majority of the council.
(9) The council shall meet publicly at least once each month.
{ + NOTE: + } Deletes gender-specific terms in (1) to (3) and
(5); corrects punctuation in (2).
SECTION 103. ORS 221.130 is amended to read:
221.130. Concerning the mayor of a city created under ORS
221.010 to 221.100:
(1) Only { - councilmen - } { + councillors + } shall be
eligible to serve as mayor.
(2) The council shall appoint a mayor at its first meeting of
each odd-numbered year.
(3) The mayor's term of office shall be two years.
(4) The mayor shall be presiding officer of the council and
shall authenticate with the signature of the mayor all ordinances
which the council passes.
{ + NOTE: + } Deletes gender-specific term in (1).
SECTION 104. ORS 221.901 is amended to read:
221.901. (1) The officers of every municipal corporation
organized under sections 1 to 6, pages 119 to 123, Oregon Laws
1893, shall be a mayor, six { - aldermen - } { +
alderpersons + }, a recorder, who shall be ex officio clerk of
the common council, a marshal, a treasurer and such subordinate
officers as are provided in ORS 221.902.
(2) Unless the context indicates otherwise, 'city' as used in
ORS 221.901 to 221.928 includes any area or territory
incorporated under sections 1 to 6, pages 119 to 123, Oregon Laws
1893.
{ + NOTE: + } Deletes gender-specific term in (1).
SECTION 105. ORS 221.902 is amended to read:
221.902. (1) The mayor, { - aldermen - } { +
alderpersons + }, recorder, treasurer, and marshal of a municipal
corporation organized under sections 1 to 6, pages 119 to 123,
Oregon Laws 1893, shall be elected to two-year terms by the
electors of the city. Each term of office commences on the first
Monday in January next following the general election and expires
on the day immediately preceding the first Monday in January next
following the subsequent general election.
(2) The council may appoint an attorney, a superintendent of
streets, a civil engineer, a municipal judge and police and other
subordinate officers, and fix their compensation. These officers
shall hold office during the pleasure of the council.
{ + NOTE: + } Deletes gender-specific term in (1).
SECTION 106. ORS 221.905 is amended to read:
221.905. The mayor and { - aldermen - } { +
alderpersons + } mentioned in ORS 221.902 shall receive no
compensation whatever for their services as such officers. The
recorder, treasurer, marshal, police and other subordinate
officers shall severally receive at stated times compensation to
be fixed by ordinance by the council, which compensation shall
not be increased nor diminished after their election, or during
their several terms of office. Nothing contained in this section
shall be construed to prevent the council from fixing several
amounts of compensation, in the first instance, during the term
of office of any such officer after the election of the officer.
The compensation of all other officers shall be fixed from time
to time by ordinance, duly passed by the council.
{ + NOTE: + } Deletes gender-specific term.
SECTION 107. ORS 221.908 is amended to read:
221.908. The council shall meet the second Tuesday in January
succeeding each general municipal election and take the oath of
office. { - It - } { + The council + } shall hold regular
meetings at least once in each month at such times as
{ - they - } { + the council + } shall fix by ordinance.
Special meetings may be called at any time by the mayor or by
three { - councilmen - } { + councillors + }, by written
notice delivered to each member then present within the city at
least three hours before the time specified for the proposed
meeting, which notice shall specify the object and purpose of
such special meeting. No other business shall be transacted at
any special meeting than that named in said notice and
appurtenant thereto. All meetings of the council shall be public
and held within the corporate limits of the city at such place as
may be designated by ordinance.
{ + NOTE: + } Eliminates inconsistent pronouns; deletes
gender-specific term.
SECTION 108. ORS 221.909 is amended to read:
221.909. At any meeting of the council a majority of the
{ - councilmen - } { + councillors + } shall constitute a
quorum for the transaction of business. A less number may adjourn
from time to time, and may compel the attendance of absent
members in such manner and under such penalties as may be
prescribed by ordinance. The mayor shall preside at all meetings
of the council when present, and in case of the absence of the
mayor the council may appoint a mayor pro tempore. In case of the
absence of the recorder, the mayor or presiding officer pro
tempore shall appoint one of the members of the council recorder
pro tempore. The person appointed to act as presiding officer
during the absence of the mayor shall not be required to take the
oath of office, but the records of the council shall show who is
appointed to serve pro tempore at any meeting.
{ + NOTE: + } Deletes gender-specific term.
SECTION 109. ORS 221.911 is amended to read:
221.911. No ordinance or resolution granting any franchise for
any purpose shall be passed by the council on the day of its
introduction nor within five days thereafter, nor at any other
than a regular meeting. No resolution or order for the payment of
money shall be passed at any other time than at a regular
meeting. No such ordinance, resolution or order shall have any
validity, unless passed by the votes of at least three
{ - councilmen - } { + councillors + }. In case all the
{ - councilmen - } { + councillors + } are present and equally
divided upon any question, the mayor shall have the deciding
vote.
{ + NOTE: + } Deletes gender-specific terms.
SECTION 110. ORS 221.916 is amended to read:
221.916. The mayor and { - aldermen - } { +
alderpersons + } shall compose the common council of any city
organized under sections 1 to 6, pages 119 to 123, Oregon Laws
1893. At any regular council meeting, it may:
(1) Provide for lighting the streets and furnishing such city
and its inhabitants with gas or other lights, and with pure and
wholesome water. For such purpose it may construct such water,
gas or other works, within or without the city limits, as may be
necessary or convenient therefor. It may allow the use of the
city streets and alleys to any person, company or corporation who
may desire to establish works for supplying the city and
inhabitants thereof with such water or lights upon such
reasonable terms and conditions as the council may prescribe.
(2) Permit, allow and regulate the laying down of tracks for
streetcars and other railroads upon such streets as the council
may designate, and upon such terms and conditions as the council
may prescribe; and allow and regulate the erection and
maintenance of poles, or poles and wires, for telegraph,
telephone, electric light or other purposes, upon or through the
streets, alleys or public grounds of such city; permit and
regulate the use of alleys, streets and public grounds of the
city for the laying down or repairing gas and water mains, for
building and repairing sewers, and the erection of gas or other
lights.
(3) Preserve the streets, lights, side and crosswalks, bridges,
and public grounds from injury, prevent the unlawful use of the
same, and regulate their use.
(4) Fix the maximum rate of wharfage, rates for gas or other
lights, for carrying passengers on street railways, and water
rates. No city shall ever deprive itself of the right through its
common council of regulating and adjusting any such rates, so
that the same shall be reasonable for the service rendered, at
least once in any period of two years.
(5) License, tax, regulate, restrain and prohibit barrooms and
tippling houses, and all places where spirituous, vinous or malt
liquors are sold, or in any manner disposed of contrary to law.
No license shall be issued for a less sum than that provided by
law.
(6) Prevent and suppress gaming and gambling houses, and all
games of chance, including lotteries and poolselling; prevent and
suppress bawdyhouses, and lewd, lascivious cohabitation,
opium-smoking houses, and places occupied or kept therefor.
Nothing contained in ORS 221.901 to 221.930 shall be so construed
as to oust the state courts of jurisdiction to indict or punish
persons for offenses against any law of the state committed
within the limits of any such city.
(7) License, regulate and control any lawful business, trade,
occupation, profession or calling, carried on or conducted within
the corporate limits of any such city.
(8) Suppress and prohibit anything which is injurious to the
public morals, public safety or the public health of the
inhabitants of any such city, including the power to define,
suppress and prohibit nuisances of every kind, including those
arising out of the receipt, sale or disposal of intoxicating
liquor in violation of law.
(9) Regulate, suppress and prohibit the running at large within
the corporate limits of any and all domestic animals, including
fowls, and provide for the impoundment and sale, after notice, of
such animals.
(10) Exercise any and all police regulations concerning the
public morals, public safety, public health and public
convenience of the inhabitants of any such city.
(11) Provide for the surveying of blocks and streets of the
city and for marking the boundary lines of such blocks and
streets, and the establishing of grades of the streets, sidewalks
and crosswalks.
(12) Prevent and punish trespass on real and personal property
within the corporate limits of such city.
(13) Make bylaws and ordinances not inconsistent with the laws
of the United States or of this state to carry into effect the
provisions of ORS 221.901 to 221.928.
(14) Provide, in addition to such action as may be appropriate
to carry into full effect the object to be achieved, for the
punishment of persons violating any bylaws or ordinances by fine
or imprisonment, or both, and the working of such persons on the
city streets or at any other work. No fine shall exceed the sum
of $50, nor shall any imprisonment exceed 20 days.
{ + NOTE: + } Deletes gender-specific term in lead-in.
SECTION 111. ORS 221.919 is amended to read:
221.919. The marshal shall be chief of police and shall have
control over all police officers when on duty. The marshal shall
be a conservator of the peace, and shall arrest all persons
guilty of a breach thereof, or of violations of the city
ordinances, and take them before the recorder for trial. The
marshal shall make and enforce the collection of all delinquent
city taxes, as the collection of delinquent county taxes is
enforced, and shall perform such other duties as may be required
of the marshal by the common council. The marshal may suspend any
police officer for negligence or violation of duty until the case
may be examined and determined by the council. On complaint being
made, charging the marshal with malfeasance or nonfeasance in
office, the { - aldermen - } { + alderpersons + }, by a
unanimous vote without the concurrence of the mayor, or by a
majority vote with the concurrence of the mayor, may remove the
marshal from office at any regular meeting, after giving the
marshal an opportunity to be heard in the defense of the
treasurer, provided they find the charge is true.
{ + NOTE: + } Deletes gender-specific term.
SECTION 112. ORS 238.005 is amended to read:
238.005. For purposes of this chapter:
(1) 'Annuity' means payments for life derived from
contributions made by a member as provided in this chapter.
(2) 'Board' means the Public Employees Retirement Board.
(3) 'Calendar year' means 12 calendar months commencing on
January 1 and ending on December 31 following.
(4) 'Continuous service' means service not interrupted for more
than five years, except that such continuous service shall be
computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the employer
as of January 1, 1945, and who remained in that employment until
having established membership in the Public Employees Retirement
System.
(b) An employee who was in the armed services on January 1,
1945, and returned to the service of the employer within one year
of the date of being otherwise than dishonorably discharged and
remained in that employment until having established membership
in the Public Employees Retirement System.
(5) 'Creditable service' means any period of time during which
an active member is being paid a salary by a participating public
employer and contributions are being made to the system either by
or on behalf of the member. For purposes of computing years of
'creditable service,' full months and major fractions of a month
shall be considered to be one-twelfth of a year and shall be
added to all full years. 'Creditable service' includes all
retirement credit received by a member.
(6) 'Earliest service retirement age' means the age attained by
a member when the member could first make application for
retirement under the provisions of ORS 238.280.
(7) 'Employee' includes, in addition to employees, public
officers, but does not include:
(a) Persons engaged as independent contractors.
(b) Seasonal, emergency or casual workers whose periods of
employment with any public employer or public employers do not
total 600 hours in any calendar year.
(c) Persons, other than workers in the Oregon Industries for
the Blind under ORS 346.190, provided sheltered employment or
made-work by a public employer in an employment or industries
program maintained for the benefit of such persons.
(d) Persons employed and paid from federal funds received under
the Emergency Job and Unemployment Assistance Act of 1974 (Public
Law 93-567) or any other federal program intended primarily to
alleviate unemployment. However, any such person shall be
considered an 'employee' if not otherwise excluded by paragraphs
(a) to (c) of this subsection and the public employer elects to
have the person so considered by an irrevocable written notice to
the board.
(e) Persons who are employees of a railroad, as defined in ORS
824.020, and who, as such employees, are included in a retirement
plan under federal railroad retirement statutes. This paragraph
shall be deemed to have been in effect since the inception of the
system.
(8) 'Final average salary' means whichever of the following is
greater:
(a) The average salary per calendar year paid by one or more
participating public employers to an employee who is an active
member of the system in three of the calendar years of membership
before the effective date of retirement of the employee, in which
three years the employee was paid the highest salary. The three
calendar years in which the employee was paid the largest total
salary may include calendar years in which the employee was
employed for less than a full calendar year. If the number of
calendar years of active membership before the effective date of
retirement of the employee is three or fewer, the final average
salary for the employee is the average salary per calendar year
paid by one or more participating public employers to the
employee in all of those years, without regard to whether the
employee was employed for the full calendar year.
(b) One-third of the total salary paid by a participating
public employer to an employee who is an active member of the
system in the last 36 calendar months of active membership before
the effective date of retirement of the employee.
(9) 'Firefighter' does not include a volunteer firefighter as
defined in subsection (23) of this section, but does include:
(a) The State Fire Marshal, the chief deputy fire marshal and
deputy state fire marshals; and
(b) An employee of the State Forestry Department who is
certified by the State Forester as a professional wildland
firefighter and whose primary duties include the abatement of
uncontrolled fires as described in ORS 477.064.
(10) 'Fiscal year' means 12 calendar months commencing on July
1 and ending on June 30 following.
(11) 'Fund' means the Public Employees Retirement Fund.
(12)(a) 'Member' means a person who has established membership
in the system and whose membership has not been terminated as
described in ORS 238.095. 'Member' includes active, inactive and
retired members.
(b) 'Active member' means a member who is presently employed by
a participating public employer in a position that meets the
requirements of ORS 238.015 (4), and who has completed the
six-month period of service required by ORS 238.015.
(c) 'Inactive member' means a member who is absent from the
service of all employers participating in the system, whose
membership has not been terminated in the manner described by ORS
238.095, and who is not retired for service or disability. '
Inactive member' includes a member who would be an active member
except that the person's only employment with a participating
public employer is in a position that does not meet the
requirements of ORS 238.015 (4).
(d) 'Retired member' means a member who is retired for service
or disability.
(13)(a) 'Member account' means the regular account and the
variable account.
(b) 'Regular account' means the account established for each
active and inactive member under ORS 238.250.
(c) 'Variable account' means the account established for a
member who participates in the Variable Annuity Account under ORS
238.260.
(14) 'Normal retirement age' means:
(a) For a person who establishes membership in the system
before January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 58 years of age if the employee retires at that
age as other than a police officer or firefighter.
(b) For a person who establishes membership in the system on or
after January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 60 years of age if the employee retires at that
age as other than a police officer or firefighter.
(15) 'Pension' means annual payments for life derived from
contributions by one or more public employers.
(16) 'Police officer' includes:
(a) Employees of institutions defined in ORS 421.005 as
Department of Corrections institutions whose duties, as assigned
by the Director of the Department of Corrections, include the
custody of persons committed to the custody of or transferred to
the Department of Corrections and employees of the Department of
Corrections who were classified as police officers on or before
July 27, 1989, whether or not such classification was authorized
by law.
(b) Employees of the Department of State Police who are
classified as police officers by the Superintendent of State
Police.
(c) Employees of the Oregon Liquor Control Commission who are
classified as enforcement officers by the administrator of the
commission.
(d) Sheriffs and those deputy sheriffs or other employees of a
sheriff whose duties, as classified by the sheriff, are the
regular duties of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are
classified as police officers by the council or other governing
body of the city.
(f) Parole and probation officers employed by the Department of
Corrections, parole and probation officers who are transferred to
county employment under ORS 423.549 and adult parole and
probation officers, as defined in ORS 181.610, who are classified
as police officers for the purposes of this chapter by the county
governing body. If a county classifies adult parole and probation
officers as police officers for the purposes of this chapter, and
the employees so classified are represented by a labor
organization, any proposal by the county to change that
classification or to cease to classify adult parole and probation
officers as police officers for the purposes of this chapter is a
mandatory subject of bargaining.
(g) Police officers appointed under ORS 276.021 or 276.023.
(h) Employees of the Port of Portland who are classified as
airport police by the Board of Commissioners of the Port of
Portland.
(i) Employees of the State Department of Agriculture who are
classified as livestock police officers by the Director of
Agriculture.
(j) Employees of the Department of Public Safety Standards and
Training who are classified by the department as other than
secretarial or clerical personnel.
(k) Investigators of the Criminal Justice Division of the
Department of Justice.
(L) Corrections officers as defined in ORS 181.610.
(m) Employees of the Oregon State Lottery Commission who are
classified by the Director of the Oregon State Lottery as
enforcement agents pursuant to ORS 461.110.
(n) The Director of the Department of Corrections.
(o) An employee who for seven consecutive years has been
classified as a police officer as defined by this section, and
who is employed or transferred by the Department of Corrections
to fill a position designated by the Director of the Department
of Corrections as being eligible for police officer status.
(p) An employee of the Department of Corrections classified as
a police officer on or prior to July 27, 1989, whether or not
that classification was authorized by law, as long as the
employee remains in the position held on July 27, 1989. The
initial classification of an employee under a system implemented
pursuant to ORS 240.190 does not affect police officer status.
(q) Employees of a school district who are appointed and duly
sworn members of a law enforcement agency of the district as
provided in ORS 332.531 or otherwise employed full-time as police
officers commissioned by the district.
(r) Employees at { - the MacLaren School, Hillcrest School of
Oregon and other - } youth correction facilities and juvenile
detention facilities under ORS 419A.050, 419A.052 and 420.005 to
420.915 { - , - } who are required to hold valid Oregon
teaching licenses and who have supervisory, control or teaching
responsibilities over juveniles committed to the custody of the
Department of Corrections or the Oregon Youth Authority.
(s) Employees at youth correction facilities as defined in ORS
420.005 whose primary job description involves the custody,
control, treatment, investigation or supervision of juveniles
placed in such facilities.
(t) Employees of the Oregon Youth Authority who are classified
as juvenile parole and probation officers.
(17) 'Public employer' means the state, one of its agencies,
any city, county, or municipal or public corporation, any
political subdivision of the state or any instrumentality
thereof, or an agency created by one or more such governmental
organizations to provide governmental services. For purposes of
this chapter, such agency created by one or more governmental
organizations is a governmental instrumentality and a legal
entity with power to enter into contracts, hold property and sue
and be sued.
(18) 'Prior service credit' means credit provided under ORS
238.442 or under ORS 238.225 (2) to (6) (1999 Edition).
(19) 'Retirement credit' means a period of time that is treated
as creditable service for the purposes of this chapter.
(20)(a) 'Salary' means the remuneration paid an employee in
cash out of the funds of a public employer in return for services
to the employer, plus the monetary value, as determined by the
Public Employees Retirement Board, of whatever living quarters,
board, lodging, fuel, laundry and other advantages the employer
furnishes the employee in return for services.
(b) 'Salary' includes but is not limited to:
(A) Payments of employee and employer money into a deferred
compensation plan, which are deemed salary paid in each month of
deferral;
(B) The amount of participation in a tax-sheltered or deferred
annuity, which is deemed salary paid in each month of
participation; and
(C) Retroactive payments made to an employee to correct a
clerical error or pursuant to an award by a court or by order of
or a conciliation agreement with an administration agency charged
with enforcing federal or state law protecting the employee's
rights to employment or wages, which shall be allocated to and
deemed paid in the periods in which the work was done or in which
it would have been done.
(c) 'Salary' or 'other advantages' does not include:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer;
(B) Payments for insurance coverage by an employer on behalf of
employee or employee and dependents, for which the employee has
no cash option;
(C) Payments made on account of an employee's death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a
future period or an advance against future wages;
(F) Any retirement incentive, retirement severance pay,
retirement bonus or retirement gratuitous payment;
(G) Payments for periods of leave of absence after the date the
employer and employee have agreed that no future services
qualifying pursuant to ORS 238.015 (3) will be performed, except
for sick leave and vacation;
(H) Payments for instructional services rendered to
institutions of the Department of Higher Education or the Oregon
Health and Science University when such services are in excess of
full-time employment subject to this chapter. A person employed
under a contract for less than 12 months is subject to this
subparagraph only for the months to which the contract pertains;
or
(I) Payments made by an employer for insurance coverage
provided to a domestic partner of an employee.
(21) 'School year' means the period beginning July 1 and ending
June 30 next following.
(22) 'System' means the Public Employees Retirement System.
(23) 'Volunteer firefighter' means a firefighter whose position
normally requires less than 600 hours of service per year.
{ + NOTE: + } Eliminates obsolete references and corrects
punctuation in (16)(r).
SECTION 113. ORS 238.415 is amended to read:
238.415. (1) { - (a) - } As used in this section { - ,
'eligible retired state employee' means - } :
{ + (a) 'Board' means the Public Employees Retirement
Board. + }
{ + (b) 'Eligible retired state employee' means: + }
(A) A retired member of the Public Employees Retirement System
who was a state employee at the time of retirement, is retired
for service or disability, is receiving a retirement allowance or
benefit under the system, had eight years or more of qualifying
service in the system at the time of retirement or is receiving a
disability retirement allowance including a pension computed as
if the member had eight years or more of creditable service in
the system at the time of retirement, and has attained earliest
service retirement age but is not eligible for federal Medicare
coverage; or
(B) A person who is a surviving spouse or dependent of a
deceased eligible retired state employee as provided in
subparagraph (A) of this paragraph at the time of death, who:
(i) Is receiving a retirement allowance or benefit under the
system; or
(ii) Was covered at the time of the eligible retired state
employee's death by the retired employee's health insurance
contracted for under ORS 238.410, and the employee retired on or
after September 29, 1991.
{ - (b) - } { + (c) + } { - For purposes of this section,
- } 'Qualifying service' means creditable service in the system
and any periods of employment with an employer participating in
the system required of the employee before becoming a member of
the system.
{ + (d) 'System' means the Public Employees Retirement
System. + }
(2) Of the monthly cost of coverage for an eligible retired
state employee under a health care insurance contract entered
into under ORS 238.410, an amount as determined under subsection
(3) of this section shall be paid from the Retiree Health
Insurance Premium Account established by subsection (4) of this
section, and any monthly cost in excess of the amount so
determined shall be paid by the eligible retired state employee
in the manner provided in ORS 238.410 (4). Any amount paid under
this subsection shall be exempt from all state, county and
municipal taxes imposed on the eligible retired member.
(3) On or before January 1 of each year, the Public Employees
Retirement Board shall calculate the average difference between
the health insurance premiums paid by retired state employees
under contracts entered into by the board under ORS 238.410 and
the health insurance premiums paid by state employees who are not
retired under contracts entered into by the Public Employees'
Benefit Board. For the purposes of subsection (2) of this
section, an eligible retired state employee shall be entitled to
receive toward the monthly cost of coverage under a health
insurance contract entered into under ORS 238.410:
(a) For an eligible retired state employee with eight years or
more of qualifying service in the system, but less than 10 years
of qualifying service in the system, 50 percent of the amount
calculated by the board under this subsection.
(b) For an eligible retired state employee with 10 years or
more of qualifying service in the system, but less than 15 years
of qualifying service in the system, 60 percent of the amount
calculated by the board under this subsection.
(c) For an eligible retired state employee with 15 years or
more of qualifying service in the system, but less than 20 years
of qualifying service in the system, 70 percent of the amount
calculated by the board under this subsection.
(d) For an eligible retired state employee with 20 years or
more of qualifying service in the system, but less than 25 years
of qualifying service in the system, 80 percent of the amount
calculated by the board under this subsection.
(e) For an eligible retired state employee with 25 years or
more of qualifying service in the system, but less than 30 years
of qualifying service in the system, 90 percent of the amount
calculated by the board under this subsection.
(f) For an eligible retired state employee with 30 years or
more of qualifying service in the system, 100 percent of the
amount calculated by the board under this subsection.
(4) The Retiree Health Insurance Premium Account is established
within the Public Employees Retirement Fund, separate and
distinct from the General Fund. Interest earned by the account
shall be credited to the account. All moneys in the account are
continuously appropriated to the Public Employees Retirement
Board and may be used only to pay costs of health care insurance
contract coverage under subsection (2) of this section, paying
the administrative costs incurred by the board under this section
and investment of moneys in the account under any law of this
state specifically authorizing that investment.
(5) The Retiree Health Insurance Premium Account shall be
funded by employer contributions. The state shall transmit to the
board those amounts the board determines to be actuarially
necessary to fund the liabilities of the account. The level of
employer contributions shall be established by the board using
the same actuarial assumptions it uses to determine employer
contribution rates to the Public Employees Retirement Fund. The
amounts shall be transmitted at the same time and in the same
manner as contributions for pension benefits are transmitted
under ORS 238.225.
(6) The Public Employees Retirement Board shall, by rule,
establish a procedure for calculating the average difference
between the health insurance premiums paid by retired state
employees under contracts entered into by the board under ORS
238.410 and the health insurance premiums paid by state employees
who are not retired under contracts entered into by the Public
Employees' Benefit Board.
(7) As provided in section 401(h)(5) of the Internal Revenue
Code of 1986, upon satisfaction of all liabilities for providing
benefits described in subsection (2) of this section, any amount
remaining in the Retiree Health Insurance Premium Account shall
be returned to the state.
(8) No member of the system shall have an interest in the
Retiree Health Insurance Premium Account or in the benefits
provided under this section.
{ - (9) For the purposes of this section: - }
{ - (a) 'Board' means the Public Employees Retirement
Board. - }
{ - (b) 'System' means the Public Employees Retirement
System. - }
{ + NOTE: + } Consolidates stray definitions in (1).
SECTION 114. ORS 243.850 is amended to read:
243.850. (1) An eligible football coach and the State Board of
Higher Education may enter into an agreement to provide that:
(a) The coach's salary will be reduced monthly by a stated
amount that is not less than $25 a month, or the coach will forgo
monthly a salary increase of a stated amount that is not less
than $25 month; and
(b) The State Board of Higher Education will contribute monthly
an amount equal to the stated amount determined under paragraph
(a) of this subsection for the month to a designated qualified
football coaches plan. The amount contributed by the employer
shall not exceed the stated amount.
(2) The amount by which an eligible football coach's salary or
wages is reduced by reason of the salary reduction or forgoing of
a salary increase authorized by subsection (1) of this section
shall continue to be included as regular compensation for the
purpose of computing the retirement, pension and social security
benefits earned by the coach, but that amount shall not be
considered current taxable income for the purpose of computing
federal and state income taxes withheld on behalf of that coach.
(3) For the purposes of this section:
{ - (a) 'Qualified football coaches plan' has that meaning
given in 29 U.S.C. 1002(37). - }
{ - (b) - } { + (a) + } 'Eligible football coach' means a
staff member of the { - state system of higher education - }
{ + Oregon University System + } who primarily coaches football
as a full-time employee of a four-year university described in 26
U.S.C. 170(b)(1)(A)(ii).
{ + (b) 'Qualified football coaches plan' has the meaning
given that term in 29 U.S.C. 1002(37). + }
{ + NOTE: + } Alphabetizes definitions and updates
terminology in (3).
SECTION 115. ORS 244.020 is amended to read:
244.020. As used in this chapter, unless the context requires
otherwise:
(1) 'Actual conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or the person's
relative or any business with which the person or a relative of
the person is associated unless the pecuniary benefit or
detriment arises out of circumstances described in subsection
{ - (7) - } { + (14) + } of this section.
(2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
is associated in a nonremunerative capacity.
(3) 'Business with which the person is associated' means:
(a) Any private business or closely held corporation of which
the person or the person's relative is a director, officer, owner
or employee, or agent or any private business or closely held
corporation in which the person or the person's relative owns or
has owned stock, another form of equity interest, stock options
or debt instruments worth $1,000 or more at any point in the
preceding calendar year;
(b) Any publicly held corporation in which the person or the
person's relative owns or has owned $100,000 or more in stock or
another form of equity interest, stock options or debt
instruments at any point in the preceding calendar year;
(c) Any publicly held corporation of which the person or the
person's relative is a director or officer; or
(d) For public officials required to file a statement of
economic interest under ORS 244.050, any business from which 50
percent or more of the total annual income of the person and
members of the person's household is derived during the current
calendar year.
(4) 'Commission' means the Oregon Government Standards and
Practices Commission.
(5) 'Development commission' means any entity which has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
(6) 'Expenditure' has the meaning given that term in ORS
260.005.
{ - (7) 'Potential conflict of interest' means any action or
any decision or recommendation by a person acting in a capacity
as a public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or the person's
relative, or a business with which the person or the person's
relative is associated, unless the pecuniary benefit or detriment
arises out of the following: - }
{ - (a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position. - }
{ - (b) Any action in the person's official capacity which
would affect to the same degree a class consisting of all
inhabitants of the state, or a smaller class consisting of an
industry, occupation or other group including one of which or in
which the person, or the person's relative or business with which
the person or the person's relative is associated, is a member or
is engaged. The commission may by rule limit the minimum size of
or otherwise establish criteria for or identify the smaller
classes that qualify under this exception. - }
{ - (c) Membership in or membership on the board of directors
of a nonprofit corporation that is tax-exempt under section
501(c) of the Internal Revenue Code. - }
{ - (8) - } { + (7) + } 'Gift' means something of economic
value given to a public official or the public official's
relative without valuable consideration of equivalent value,
including the full or partial forgiveness of indebtedness, which
is not extended to others who are not public officials or the
relatives of public officials on the same terms and conditions;
and something of economic value given to a public official or the
public official's relative for valuable consideration less than
that required from others who are not public officials. However,
'gift' does not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel when
participating in an event which bears a relationship to the
public official's office and when appearing in an official
capacity, subject to the reporting requirement of ORS 244.060
(6).
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof.
(e) The giving or receiving of entertainment if the
entertainment is experienced by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof and the value of the entertainment does not exceed $100
per person on a single occasion and is not greater than $250 in
any one calendar year.
{ - (9) - } { + (8) + } 'Honoraria' means a payment or
something of economic value given to a public official in
exchange for services upon which custom or propriety prevents the
setting of a price. Services include, but are not limited to,
speeches or other services rendered in connection with an event
at which the public official appears in an official capacity.
{ - (10) - } { + (9) + } 'Income' means income of any
nature derived from any source, including, but not limited to,
any salary, wage, advance, payment, dividend, interest, rent,
honoraria, return of capital, forgiveness of indebtedness, or
anything of economic value.
{ - (11) - } { + (10) + } 'Legislative or administrative
interest' means an economic interest, distinct from that of the
general public, in one or more bills, resolutions, regulations,
proposals or other matters subject to the action or vote of a
person acting in the capacity of a public official.
{ - (12) - } { + (11) + } 'Legislative official' means any
member or member-elect of the Legislative Assembly, any member of
an agency, board or committee that is part of the legislative
branch and any staff person, assistant or employee thereof.
{ - (13) - } { + (12) + } 'Member of household' means any
relative who resides with the public official.
{ - (14) - } { + (13) + } 'Planning commission' means a
county planning commission created under ORS chapter 215 or a
city planning commission created under ORS chapter 227.
{ + (14) 'Potential conflict of interest' means any action or
any decision or recommendation by a person acting in a capacity
as a public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or the person's
relative, or a business with which the person or the person's
relative is associated, unless the pecuniary benefit or detriment
arises out of the following:
(a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
(b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or the person's relative or business with which the
person or the person's relative is associated, is a member or is
engaged. The commission may by rule limit the minimum size of or
otherwise establish criteria for or identify the smaller classes
that qualify under this exception.
(c) Membership in or membership on the board of directors of a
nonprofit corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code. + }
(15) 'Public official' means any person who, when an alleged
violation of this chapter occurs, is serving the State of Oregon
or any of its political subdivisions or any other public body of
the state as an officer, employee, agent or otherwise, and
irrespective of whether the person is compensated for such
services.
(16) 'Relative' means the spouse of the public official, any
children of the public official or of the public official's
spouse, and brothers, sisters or parents of the public official
or of the public official's spouse.
{ + (17) 'Statement of economic interest' means a statement
as described by ORS 244.060 to 244.080. + }
{ - (17) - } { + (18) + } 'Statewide official' means the
Secretary of State or Secretary of State-elect, State Treasurer
or State Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
{ - (18) - } { + (19) + } 'Zoning commission' means an
entity to which is delegated at least some of the discretionary
authority of a planning commission or governing body relating to
zoning and land use matters.
{ + NOTE: + } Alphabetizes definitions; consolidates chapter
definitions. See section 117 (repealing 244.170).
SECTION 116. ORS 244.060 is amended to read:
244.060. The statement of economic interest filed under ORS
244.050, shall be on a form prescribed by the Oregon Government
Standards and Practices Commission, and the person filing the
statement shall supply the information required by this section
and ORS 244.090, as follows:
(1) The name of all positions as officer of a business and
business directorships held by the person or a member of the
household of the person during the preceding calendar year.
(2) All names under which the person and members of the
household of the person do business.
(3) Sources of income received at any time during the preceding
calendar year by the person or a member of the household of the
person that produce 10 percent or more of the total annual
household income.
(4) The name, principal address and brief description of the
source of income from which 50 percent or more of the total
annual income of the person and members of the household of the
person was received during the preceding calendar year and
whether the source existed during the preceding year, and whether
the source is derived from an entity that now does business or
could reasonably be expected to do business or has legislative or
administrative interest in the governmental agency of which the
public official is or the candidate if elected would be a member
or over which the public official has or the candidate if elected
would have authority.
(5)(a) The listing of all real property in which the public
official or candidate therefor or a member of the household of
the public official or candidate has or has had any personal,
beneficial ownership interest during the preceding calendar year,
any options to purchase or sell real property, including a land
sales contract, and any other rights of any kind in real property
located within the geographic boundaries of the governmental
agency of which the public official is or the candidate if
elected would be a member or over which the public official has
or the candidate if elected would have authority.
(b) This subsection does not require the listing of the
principal residence of the public official or candidate.
(6)(a) Notwithstanding ORS 244.020 { - (8)(c) - } { +
(7)(c) + }, if a public official has received food, lodging and
payment of travel expenses exceeding $100 when participating in
an event which bears a relationship to the public official's
office and when appearing in an official capacity, the name,
nature and business address of the organization paying the
expenses and the date and amount of that expenditure.
(b) Beginning on July 1, 1992, the dollar amount specified in
paragraph (a) of this subsection shall be adjusted annually by
the commission based upon the change in the Portland Consumer
Price Index for All Urban Consumers for All Items as prepared by
the Bureau of Labor Statistics of the United States Department of
Labor or its successor during the preceding 12-month period. The
amount determined under this paragraph shall be rounded to the
nearest dollar.
(7) Any honoraria exceeding $50 received during the preceding
calendar year by the person or a member of the household of the
person, the payer of the honoraria and the date and time of the
event for which the honoraria was received.
{ + NOTE: + } Reflects renumbering in (6)(a). See section 115
(amending 244.020).
SECTION 117. { + ORS 244.170 is repealed. + }
{ + NOTE: + } Definition moved to ORS 244.020. See section
115 (amending 244.020).
SECTION 118. ORS 251.005 is amended to read:
251.005. As used in this chapter:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'City office' means the office of mayor, city auditor, city
{ - councilman - } { + councillor + } or municipal judge of a
city having a population of 50,000 or more according to the most
recent determination made under ORS 190.510 to 190.610.
(3) 'County clerk' means the county clerk or the county
official in charge of elections.
(4) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(5) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
{ + NOTE: + } Eliminates gender-specific term in (2).
SECTION 119. { + (1) ORS 254.413 and 254.482 are added to and
made a part of ORS chapter 254.
(2) Notwithstanding any other provision of law, ORS 254.413 and
254.482 shall not be considered to have been added to or made a
part of ORS chapter 260 for the purpose of statutory compilation
or for the application of definitions, penalties or
administrative provisions applicable to statute sections in ORS
chapter 260. + }
{ + NOTE: + } Adds ORS sections to appropriate chapter.
SECTION 120. { + Section 1, chapter 805, Oregon Laws 2001, is
repealed. + }
{ + NOTE: + } Repeals adding clause for ORS 254.413 and
254.482. See section 119.
SECTION 121. ORS 254.462 is amended to read:
254.462. ORS 254.465, 254.470, 254.472 { + , + } { - and - }
254.476 { + , 254.480 and 254.482 + } apply only to elections
conducted by mail.
{ + NOTE: + } Updates list of applicable statutes.
SECTION 122. ORS 261.171 is amended to read:
261.171. (1) Upon its own resolution, the county governing body
may, and upon receipt of an electors' petition or resolution of
the governing body of a district or municipality which the county
governing body finds to be in compliance with this chapter shall,
at the earliest practical date submit the question of district
formation, annexation or consolidation and, if for formation, the
question of a special levy, to the electors within the affected
territory at a special election. The special election may be held
on the same date as a { - biennial - } primary election or
general election.
(2) The notice of the election shall state the purpose of the
election, describe in general terms the boundaries of the
affected territory and in all other respects comply with the
general laws of this state governing the time and manner of
holding elections.
(3) The county governing body shall call no more than one
election for formation of a district comprising substantially the
same area within the same calendar year.
{ + NOTE: + } Reflects 2001 name change provision in (1).
SECTION 123. ORS 261.190 is amended to read:
261.190. (1) At all elections where the creation of a district
is authorized, five directors shall be elected to manage and
transact the business of the district.
(2) Candidates for the office of director must be electors of
this state, must have resided in the proposed district
continuously for not less than two years next preceding the date
of the election, and must continue to reside in the district
during their term of office.
(3) All electors of the proposed district shall have the right
to vote for five candidates at the election.
(4) The five candidates receiving the highest number of votes
in the area approved by the electors and declared by the county
governing body to be a district shall be elected to serve until
the first Monday in January after the first regular
{ - biennial - } general election which occurs not less than one
year following the election to create the district, and until
their successors are elected and qualified.
{ + NOTE: + } Reflects 2001 name change provision in (4).
SECTION 124. ORS 261.200 is amended to read:
261.200. (1) If a majority of votes cast at the election favor
formation of the district and authorization of the district to
impose a special levy for the purposes stated in the petition for
formation, or annexation of a parcel of territory or a
municipality to an existing district, or consolidation of two or
more districts, as the case may be, and in conformity with
provisions of ORS 261.105 and 261.110, the county governing body
shall issue a proclamation accordingly and file a certified copy
with the county clerk of each county where the district or any
portion thereof is located. The proclamation for formation of a
district shall be in substantially the following form:
_________________________________________________________________
Whereas at an election duly and regularly held on the __ day of
____, { - A.D. - } 2__, within ____ County (or ____ Counties),
State of Oregon, and within the boundaries of a proposed district
as herein described, there was submitted to the electors thereof
the question whether or not a people's utility district should be
incorporated as the (here insert name of district) and to give
authority to impose a special levy of $___ under and pursuant to
the provisions of ORS chapter 261; and
Whereas at the election so held __ votes were cast in favor of
incorporation, and __ votes were cast against incorporation; and
Whereas the incorporation of the (here insert name of district)
received the affirmative vote of the majority of the votes cast
at the election;
Now, therefore, the undersigned hereby does proclaim and
declare that all of that part of the State of Oregon, described
as (here insert description) has been duly and legally
incorporated as the ____ People's Utility District under and
pursuant to the Constitution and laws of the State of Oregon, and
the district has the authority to collect the sum of $___ by
special levy against the taxable property within the district.
Chairperson of the County Governing Body.
By ________
_________________________________________________________________
(2) The proclamation for annexing a parcel of territory or a
municipality to an existing district or the consolidation of two
or more existing districts, or both, shall be adaptations of the
above proclamation.
(3) The proclamation of formation, with the notice of boundary
change under ORS 308.225, shall be filed by the district with the
county assessor of each county in which any portion of the
district is situated, who shall thereupon enter the special levy.
(4) Expenditure of the moneys received from the special levy
for the purposes stated in the petition for district formation
may be made by the district without prior adoption of a budget
under ORS 294.305 to 294.520.
(5) Following proclamation of formation of a district, any
person whose property has been improperly included within a
district, contrary to the provisions of ORS 261.110 (5) or (7),
may petition a county governing body to revise the district
boundaries to exclude the property. After notice to the district,
and a hearing on the petition, the county governing body shall
revise the district boundaries to exclude such property as it
finds should not have been included within the district under the
standards set forth in ORS 261.110 (5) or (7). Upon such findings
and boundary revisions a district shall be permitted to refund
related taxes paid which are based upon assessments made after
January 1, 1978. Boundary revisions shall comply with ORS
308.225. The remedy provided in this subsection shall be
available only to persons owning property in districts which were
formed after January 1, 1978.
{ + NOTE: + } Conforms date field in (1) to legislative
style.
SECTION 125. ORS 261.355 is amended to read:
261.355. (1) For the purpose of carrying into effect the powers
granted in this chapter, any district may issue and sell revenue
bonds, when authorized by a majority of its electors voting at
any primary election, general election or special election.
(2) All revenue bonds issued and sold under this chapter shall
be so conditioned as to be paid solely from that portion of the
revenues derived from the district by the sale of water,
waterpower and electric energy, or any of them, or any other
service, commodity or facility which may be produced, used or
furnished in connection therewith, remaining after paying from
those revenues all expenses of operation and maintenance,
including taxes.
(3) Notwithstanding subsection (1) of this section and subject
to subsection (4) of this section, any district may, by a duly
adopted resolution of its board, issue and sell revenue bonds for
the purpose of betterments and extensions within the existing
boundaries of the district, but the amount so issued shall be
limited to the reasonable value of the betterments and extensions
plus an amount not to exceed 10 percent thereof for
administrative purposes. Revenue bonds shall not be issued and
sold for the purpose of acquiring an initial utility system or
acquiring property or facilities owned by another entity that
provides electric utility service without first obtaining the
affirmative vote of the electors within the district.
(4) Not later than the 30th day prior to a board meeting at
which adoption of a resolution under subsection (3) of this
section will be considered, the district shall:
(a) Provide for and give public notice, reasonably calculated
to give actual notice to interested persons including news media
which have requested notice, of the time and place of the meeting
and of the intent of the board to consider and possibly adopt the
resolution; and
(b) Mail to its customers notice of the time and place of the
meeting and of the intent of the board to consider and possibly
adopt the resolution.
(5) Any authorizing resolution adopted for the purposes of
subsection (3) of this section shall provide that electors
residing within the district may file a petition with the
district asking to have the question of whether to issue such
bonds referred to a vote.
(6) If within 60 days after adoption of a resolution under
subsection (3) of this section the district receives petitions
containing valid signatures of not fewer than five percent of the
electors of the district, the question of issuing the bonds shall
be placed on the ballot at the next date on which a district
election may be held under ORS 255.345 (1).
(7) When petitions containing the number of signatures required
under subsection (6) of this section are filed with the district
within 60 days after adoption of a resolution under subsection
(3) of this section, revenue bonds shall not be sold until the
resolution is approved by a majority of the electors of the
district voting on the resolution.
(8) Any district issuing revenue bonds may pledge that part of
the revenue which the district may derive from its operations as
security for payment of principal and interest thereon remaining
after payment from such revenues of all expenses of operation and
maintenance, including taxes, and consistent with the other
provisions of this chapter.
(9) Prior to any district board taking formal action to issue
and sell any revenue bonds, the board shall have on file with the
secretary of the district a certificate executed by a qualified
engineer that the net annual revenues of the district, including
the property to be acquired or constructed with the proceeds of
the bonds, shall be sufficient to pay the maximum amount that
will be due in any one fiscal year for both principal of and
interest on both the bonds then proposed to be issued and all
bonds of the district then outstanding.
(10) The district shall order an election for the authorization
of revenue bonds to finance the acquisition or construction of an
initial utility system, including the replacement value of the
unreimbursed investment of an investor owned utility in energy
efficiency measures and installations within the proposed
district, as early as practicable under ORS 255.345 after filing
the certificate required under subsection (9) of this section. An
election under this subsection shall be held no more than twice
in any one calendar year for any district. In even-numbered years
no election shall be held on any other date than the date of the
{ - biennial - } primary election or general election.
{ + NOTE: + } Reflects 2001 name change provision in (10).
SECTION 126. ORS 261.360 is amended to read:
261.360. (1) When authorized by a majority of its electors
voting at any { - biennial - } primary election or general
election or at a special election, at which special election not
less than 25 percent of the electors of the district voted on the
question, any district may issue and sell general obligation
bonds so conditioned that the district shall therein and thereby
unconditionally undertake, promise and agree to pay the same in
whole or in part from revenue or from taxes or both.
(2) The general obligation bonds of the district outstanding at
any time shall not exceed two and one-half percent (.025) of the
real market value of all taxable property within the limits of
the district.
(3) General obligation bonds may be made payable primarily from
and secured by a lien on and pledge of the revenues derived by
the district from its operations remaining after paying from such
revenues all expenses of operation and maintenance, and
secondarily from taxes.
{ + NOTE: + } Reflects 2001 name change provision in (1).
SECTION 127. ORS 261.410 is amended to read:
261.410. (1) Except as otherwise provided in this chapter,
directors shall be nominated and elected by the electors of the
subdivision such director represents at time of holding the next
{ - biennial - } general election.
(2) Nominating petitions must be furnished by the district.
{ + NOTE: + } Reflects 2001 name change provision in (1).
SECTION 128. ORS 261.415 is amended to read:
261.415. (1) The office of director shall be considered vacant:
(a) Upon the failure of the person elected or appointed to the
office to qualify for it not later than 30 days after the time
the term of office commences;
(b) Upon the occurrence of any event listed in ORS 236.010; or
(c) Upon the incumbent's absence from meetings of the board for
60 days without the consent of the board and upon the declaration
by the board of the vacancy.
(2) Vacancies in the office of director occurring between
elections shall be filled by the remaining members of the board,
but when a vacancy exists for 30 days, or if the office is
considered or declared vacant under subsection (1)(a) or (b) of
this section, the Governor may fill the vacancy.
(3) Any person appointed to fill such vacancy by the board or
the Governor shall hold office until the next { - biennial - }
general election and until a successor is elected and qualified.
{ + NOTE: + } Reflects 2001 name change provision in (3).
SECTION 129. ORS 261.420 is amended to read:
261.420. Of the board of directors elected at the next
{ - biennial - } general election following creation of the
district, three shall hold office for four years, and two shall
hold office for two years, and until their successors are elected
and qualified, the length of the respective terms to be
determined by lot. Thereafter, at each { - biennial - }
general election, a number of directors corresponding to the
number whose terms of office expire shall be elected for the term
of four years. The terms of directors shall commence on the first
Monday in January next following their election. { - The
directors elected before September 13, 1975, shall serve until
their successors are elected and qualified and their respective
terms shall be extended accordingly to the following first Monday
in January. - }
{ + NOTE: + } Corrects terminology; expunges obsolete
provision.
SECTION 130. ORS 261.710 is amended to read:
261.710. (1) The dissolution election may be called by the
board of directors on their own motion or by a petition filed
with the directors of the district, signed by electors of the
district equal in number to not less than three percent of the
total number of votes cast for all candidates for Governor in the
district at the most recent election at which a candidate for
Governor was elected to a full term, requesting the directors of
the district to submit to the electors of the district the
proposition of dissolving the district and settling its affairs.
(2) The petition shall be referred to the county clerk of each
county wherein the district or any part thereof is located. The
county clerk of each of such counties shall examine the purported
signatures on the petition of electors of the county and shall
certify as to the regularity and sufficiency thereof. Where the
district is located in more than one county, the certificate of
the county clerk of each county as to the regularity of the
signatures on the petition shall be filed with the Secretary of
State, who shall accept the certificates by the county clerks as
to the regularity of the signatures, and based thereon, shall
certify as to the sufficiency of all signatures on the petition.
Whenever a dissolution petition has been certified as sufficient,
the certificate of sufficiency with copy of the petition shall be
transmitted to the directors of the district, who shall
immediately call an election to be held concurrently with a
{ - biennial - } primary election or general election.
(3) If a majority of the electors of the district, voting at
the election, votes in favor of dissolution, the directors shall
issue their proclamation dissolving the district and shall file
the proclamation in the office of the county clerk of the county
wherein the district is located.
(4) The district shall thereafter continue to exist solely for
the purpose of settling its affairs as provided in ORS 261.715 to
261.730.
{ + NOTE: + } Reflects 2001 name change provision in (2).
SECTION 131. ORS 267.320 is amended to read:
267.320. (1) Except as otherwise provided in this section, to
carry out the powers granted by ORS 267.010 to 267.390, the
district board may by ordinance impose and may collect user
charges, fees and tolls from those who are served by or use the
transit system and other facilities and services of the district.
(2) The district shall not charge a person over 65 years of age
a fee of more than 50 percent of the regular fee for
transportation provided by the district. The maximum fee
established by this subsection does not apply on any weekday,
Monday through Friday, between the hours of 5 a.m. { - to - }
{ + and + } 9 a.m. or between the hours of 3 p.m. { - to - }
{ + and + } 7 p.m.
{ + NOTE: + } Fixes syntax in (2).
SECTION 132. ORS 273.251 is amended to read:
273.251. Unless the context or a specially applicable
definition requires otherwise, state lands are classified as
follows:
(1) 'Agricultural college lands.' Lands granted to the state by
the Act of July 2, 1862 (12 Stat. 503), and otherwise, for the
support and maintenance of Oregon State University.
(2) 'Farmlands.' Lands acquired by deed, gift, operation of
law, or by the foreclosure of mortgages taken to secure loans
from the common school, agricultural college, university or other
funds.
(3) 'Indemnity lands.' Lands selected to satisfy losses in
sections 16 and 36, as provided by sections 851 and 852 of title
43, United States Code, as amended, or any other laws of the
United States.
(4) 'School lands':
(a) Sections 16 and 36 in each township granted to the state by
the Act of February 14, 1859 (11 Stat. 383).
(b) Lands selected for internal improvements under the Act of
September 4, 1841 (5 Stat. 455), and diverted for common schools
with the consent of Congress by the Joint Resolution of February
9, 1871 (16 Stat. 595).
(c) Lands selected for capitol building purposes under the Act
of February 14, 1859 (11 Stat. 383).
(d) Lands included in the South Slough { + National + }
Estuarine
{ - Sanctuary - } { + Research Reserve + } as described in
ORS 273.553.
(5) 'Swamp lands.' Lands claimed by the state under the Act of
September 28, 1850 (9 Stat. 519), and extended to the State of
Oregon by the Act of March 12, 1860 (12 Stat. 3).
(6) 'Submerged lands.' Lands defined as submerged by ORS
274.005.
(7) 'Submersible lands.' Lands defined as submersible by ORS
274.005.
(8) 'University lands.' Lands granted to the state under the
Act of February 14, 1859 (11 Stat. 383), for the support and
maintenance of the University of Oregon.
{ + NOTE: + } Corrects title in (4)(d).
SECTION 133. ORS 273.331 is amended to read:
273.331. { - Where the - } { + When + } lands
{ - which - } { + that + } the Division of State Lands
believes were acquired from the State of Oregon by fraud or in
violation of the laws of the state { - , - } are held by any
person owning other lands the title to which is not involved, the
division may provide as a condition to the contract of settlement
described in ORS 273.326 that such other lands, or such portion
thereof as the division considers advisable, may also be
subdivided and disposed of under the direction and supervision of
the division according to the conditions agreed to.
{ + NOTE: + } Adjusts syntax; corrects punctuation.
SECTION 134. ORS 273.553 is amended to read:
273.553. (1) It is the policy of the State of Oregon to
maintain the South Slough of Coos Bay, from Valino Island
southward, inclusive, as a national estuarine { - sanctuary - }
{ + research reserve + }, acquired as the South Slough Estuary
Sanctuary pursuant to chapter 415, Oregon Laws 1975, as the first
estuarine sanctuary in the United States to be created under
Section 312 of the Coastal Zone Management Act of 1972 (P.L.
92-583) { + and redesignated as the South Slough National
Estuarine Research Reserve by federal law (P.L. 99-272) + }. The
management policy for the { - sanctuary shall be - } { +
reserve is + } to:
(a) Maintain the integrity of the estuary;
(b) Protect the estuary from uses and activities { - ; - }
{ + , + } both within and beyond its boundaries, { - which - }
{ + that + } may alter or affect the ecosystem and its natural
dynamic processes; and
(c) Preserve the area for long-term scientific and educational
uses.
(2) Responsibility for completing purchase of the South Slough
{ - Estuarine Sanctuary shall remain - } { + National
Estuarine Research Reserve is + } vested with the Division of
State Lands { - , which shall be the agency acting - } { + .
The division acts + } for the State of Oregon in any transaction
respecting the purchase of acreage for { - such sanctuary - }
{ + the reserve + } on or after October 4, 1977.
(3) Except as necessary to achieve the policy set forth in
subsection (1) of this section and any standards established in
the Coastal Zone Management Act of 1972 (P.L. 92-583) or any
rules, regulations or agreements adopted pursuant thereto, the
{ - sanctuary shall be - } { + reserve is + } open to the
public. However, to protect the estuarine ecosystems, public use
of the { - sanctuary shall - } { + reserve may + } be limited
and controlled by the { - commission created under ORS
273.554 - } { + South Slough National Estuarine Research
Reserve Management Commission + } in consultation with any
technical management team established pursuant to an agreement
between the State of Oregon and the Office of { + Ocean and + }
Coastal
{ - Zone - } { + Resource + } Management of the National
Oceanic and Atmospheric Administration of the United States
Department of Commerce. The commission { - created under ORS
273.554 - } shall adopt rules to carry out the intent of this
subsection.
(4) { - Administration of the sanctuary shall be provided by
and pursuant to the authority granted the commission created
under ORS 273.554, - } { + The South Slough National Estuarine
Research Reserve Management Commission shall administer the
reserve, + } subject to any agreement respecting the
{ - sanctuary - } { + reserve + } between the State of Oregon
and the { + federal + } Office of { + Ocean and + } Coastal
{ - Zone - } { + Resource + } Management.
(5) The agency { - which - } { + that + } acquired title to
the { - sanctuary - } { + reserve + } shall cause title to be
cleared in the name of the State of Oregon.
{ + NOTE: + } Overhauls section to correct titles,
punctuation and syntax; conforms to legislative style; beautifies
ORS.
SECTION 135. ORS 273.554 is amended to read:
273.554. (1) For the purpose of providing for the
administration of the South Slough { - Estuarine Sanctuary - }
{ + National Estuarine Research Reserve + } in a manner
consistent with the provisions of ORS 273.553, there is created
the South Slough
{ - Estuarine Sanctuary - } { + National Estuarine Research
Reserve + } Management Commission { + . + } { - which - } { +
The commission + } shall have the authority, in accordance with
the policies formulated by the State Land Board, to:
(a) Conduct the day-to-day operation and management of the
South Slough { - Estuarine Sanctuary - } { + National
Estuarine Research Reserve + } with the administrative support of
the Division of State Lands;
(b) Appoint a manager and other staff necessary to carry out
this section; and
(c) Apply for, receive and expend moneys from the federal
government and from this state or any agency thereof for the
purpose of carrying out this section.
(2) The { - South Slough Estuarine Sanctuary Management - }
commission shall consist of eight members appointed by the
Governor as follows:
(a) A representative of common schools in the area of the
{ - sanctuary - } { + reserve + };
(b) One authorized representative of the Coos County Board of
Commissioners;
(c) One authorized representative of the governing body of the
Port of Coos Bay;
(d) The Director of the Division of State Lands or a designee
thereof { - , who shall serve as permanent chairperson of the
commission - } ;
(e) One authorized representative of the federal Office of
Ocean and Coastal { - Resources - } { + Resource + }
Management;
(f) Two representatives with an interest in marine science, one
from the University of Oregon Institute of Marine Biology at
Charleston and one from Oregon State University; and
(g) One member selected from the general public at large.
(3) The members appointed by the Governor under subsection
(2)(a), (f) and (g) of this section shall serve for terms of four
years and members appointed under subsection (2)(b) and (c) of
this section shall serve for terms of two years. { + The
Director of the Division of State Lands or the designee of the
director, if appointed in place of the director, shall serve as
the permanent chairperson of the commission. + } The commission
shall select one of its members as vice chairperson. The
chairperson and vice chairperson shall have duties and powers
necessary for the performance of the functions of such offices as
the commission determines. The vice chairperson shall act as the
chairperson of the commission in the absence of the chairperson.
The vice chairperson shall serve for a term of one year, subject
to reelection by the commission.
(4) Each member of the commission shall have one vote, except
that the member who is the authorized representative of the
federal Office of Ocean and Coastal { - Resources - } { +
Resource + } Management shall be a nonvoting member. A majority
of the commission constitutes a quorum for the transaction of
business.
(5) Members of the commission are not entitled to compensation,
but in the discretion of the State Land Board may be reimbursed
for actual and necessary travel and other expenses incurred by
them in the performance of their official duties, subject to laws
regulating travel and other expenses of state officers and
employees.
{ + NOTE: + } Corrects titles; conforms structure and syntax
to legislative style.
SECTION 136. ORS 273.556 is amended to read:
273.556. (1) The South Slough { - Estuarine Sanctuary - }
{ + National Estuarine Research Reserve + } Management Account
is established in the General Fund of the State Treasury. Except
for moneys otherwise designated by statute, all moneys received
by the South Slough { - Estuarine Sanctuary - } { + National
Estuarine Research Reserve + } Management Commission shall be
paid into the State Treasury and credited to the account. All
moneys in the account are appropriated continuously and shall be
used by the commission for the purpose of carrying out ORS
273.554.
(2) The commission shall keep a record of all moneys deposited
in the account. The record shall indicate by separate cumulative
accounts the source from which the moneys are derived and the
individual activity or program against which each withdrawal is
charged.
{ + NOTE: + } Corrects titles in (1).
SECTION 137. ORS 273.558 is amended to read:
273.558. (1) Violation of a rule adopted under ORS 273.553 (3)
is a Class D violation for each day of violation.
(2) In addition to all other remedies, when it appears to the
South Slough { - Estuarine Sanctuary - } { + National
Estuarine Research Reserve + } Management Commission that a
person has engaged in, or is engaging in, any act { - which - }
{ + that + } violates a rule adopted under ORS 273.553 (3), the
commission may direct the Attorney General to apply to the court
for an injunction restraining the person from violating such
rule.
{ + NOTE: + } Corrects titles and syntax in (2).
SECTION 138. ORS 276.040 is amended to read:
276.040. The Capitol Planning Commission shall inform the board
of { - aldermen - } { + alderpersons + } of the City of Salem
and the City of Salem planning commission of the development
plans of the state prepared for the capitol area pursuant to ORS
276.034 (1) and (3), as such plans are being developed by the
commission. The commission shall make all possible effort to
obtain the cooperation of such officers and commissions of the
City of Salem for the purpose of establishing such zoning of that
part of the city contiguous to the capitol area as will
effectuate the purpose of the State of Oregon to maintain its
administrative buildings in a continuous, park-like area, in
appropriate environment.
{ + NOTE: + } Eliminates gender-specific term.
SECTION 139. ORS 279.027 is amended to read:
279.027. (1) A public contracting agency preparing bid
documents for a public contract shall, at a minimum, include:
(a) A statement that, if the contract is for a public work
subject to ORS 279.348 to 279.380 or the Davis-Bacon Act (40
U.S.C. 276a), no bid will be received or considered by the public
contracting agency unless the bid contains a statement by the
bidder as a part of its bid that the provisions of ORS 279.350 or
40 U.S.C. 276a are to be complied with;
(b) The date and time after which bids will not be received,
which shall be not less than five days after the date of the last
publication of the advertisement;
(c) The date that prequalification applications must be filed
under ORS 279.039 (1) and the class or classes of work for which
bidders must be prequalified if prequalification is a
requirement;
(d) The character of the work to be done or the material or
things to be purchased;
(e) The office where the specifications for the work, material
or things may be reviewed;
(f) The name and title of the person designated for receipt of
bids;
(g) The date, time and place that the public contracting agency
will publicly open the bids;
(h) A statement that each bid must identify whether the bidder
is a resident bidder, as defined in ORS 279.029;
(i) A statement that the public contracting agency may reject
any bid not in compliance with all prescribed public bidding
procedures and requirements and may reject for good cause any or
all bids upon a finding of the agency that it is in the public
interest to do so;
(j) Information addressing whether a contractor or
subcontractor must be licensed under ORS 468A.720; and
(k) A statement that no bid for a construction contract shall
be received or considered by the public contracting agency unless
the bidder is { - registered with - } { + licensed by + } the
Construction Contractors Board or licensed by the State Landscape
Contractors Board as required by ORS 671.530.
(2) All bids made to the public contracting agency pursuant to
ORS 279.015 and 279.025 shall be:
(a) In writing.
(b) Filed with the person designated for receipt of bids by the
public contracting agency.
(c) Opened publicly by the public contracting agency at the
time designated in the advertisement.
(3)(a) Within four working hours after the date and time of the
deadline when the bids are due to the public contracting agency
for a public improvement, a bidder shall submit to the public
contracting agency a disclosure of the first-tier subcontractors
that:
(A) Will be furnishing labor or will be furnishing labor and
materials in connection with the public improvement; and
(B) Will have a contract value that is equal to or greater than
five percent of the total project bid or $15,000, whichever is
greater, or $350,000 regardless of the percentage of the total
project bid.
(b) For each contract to which this subsection applies, the
public contracting agency shall designate a deadline for
submission of bids that has a date and time that is on Monday
through Thursday or that is on Friday prior to 12 noon.
(c) This subsection shall apply only to public improvements
with a contract value of more than $75,000.
(d) This subsection does not apply to public contracts for
public improvements that have been exempted from competitive
bidding requirements under ORS 279.015 (2).
(4) The disclosure of first-tier subcontractors under
subsection (3) of this section shall include:
(a) The name of each subcontractor; and
(b) The category of work that each subcontractor will be
performing.
(5) A public contracting agency shall accept the subcontractor
disclosure. The public contracting agency shall consider the bid
of any contractor that does not submit a subcontractor disclosure
to the public contracting agency to be a nonresponsive bid and
may not award the contract to the contractor. A public
contracting agency is not required to determine the accuracy or
the completeness of the subcontractor disclosure.
(6) After having been opened, the bids and the subcontractor
disclosures shall be filed for public inspection.
(7) A surety bond, irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008, cashier's check or
certified check of each bidder shall be attached to all bids as
bid security unless the contract for which a bid is submitted has
been exempted from this requirement pursuant to ORS 279.033. Such
security shall not exceed 10 percent of the amount bid for the
contract.
{ + NOTE: + } Corrects terminology in (1)(k).
SECTION 140. ORS 279.316 is amended to read:
279.316. (1)(a) Every public contract shall also contain a
condition that no person shall be employed for more than 10 hours
in any one day, or 40 hours in any one week, except in cases of
necessity, emergency, or where the public policy absolutely
requires it, and in such cases, except in cases of contracts for
personal services as described in ORS 279.051, the employee shall
be paid at least time and a half pay:
(A) For all overtime in excess of eight hours a day or 40 hours
in any one week when the work week is five consecutive days,
Monday through Friday; or
(B) For all overtime in excess of 10 hours a day or 40 hours in
any one week when the work week is four consecutive days, Monday
through Friday; and
(C) For all work performed on Saturday and on any legal holiday
specified in ORS 279.334.
(b) An employer must give notice to employees who work on a
public contract in writing, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a
location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work.
(2) In the case of contracts for personal services as
{ - defined - } { + described + } in ORS 279.051, the
contract shall contain a provision that the employee shall be
paid at least time and a half for all overtime worked in excess
of 40 hours in any one week, except for individuals under these
contracts who are excluded under ORS 653.010 to 653.261 or under
29 U.S.C. sections 201 to 209 from receiving overtime.
(3) In the case of a contract for services at a county fair or
for other events authorized by a county fair board, the contract
shall contain a provision that the labor performed on the
contract shall be paid at least time and a half for work in
excess of 10 hours in any one day or 40 hours in any one week. An
employer must give notice to employees who work on such a
contract in writing, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a
location frequented by employees, of the number of hours per day
and days per week that employees may be required to work.
(4)(a) Except as provided in subsection (3) of this section,
contracts for services shall contain a provision that requires
that persons employed under such contracts shall receive at least
time and a half pay for work performed on the legal holidays
specified in a collective bargaining agreement or in ORS 279.334
(1)(a)(C)(ii) to (vii) and for all time worked in excess of 10
hours a day or in excess of 40 hours in a week, whichever is
greater.
(b) An employer must give notice to employees who work on a
contract for services in writing, either at the time of hire or
before commencement of work on the contract, or by posting a
notice in a location frequented by employees, of the number of
hours per day and days per week that the employees may be
required to work.
{ + NOTE: + } Corrects word choice in (2).
SECTION 141. ORS 279.334 is amended to read:
279.334. (1)(a) In all cases where labor is employed by the
state, county, school district, municipality, municipal
corporation, or subdivision, through a contractor, no person
shall be required or permitted to labor more than 10 hours in any
one day, or 40 hours in any one week, except in cases of
necessity, emergency, or where the public policy absolutely
requires it, in which event, the person or persons so employed
for excessive hours shall receive at least time and a half pay:
(A) For all overtime in excess of eight hours a day or 40 hours
in any one week when the work week is five consecutive days,
Monday through Friday; or
(B) For all overtime in excess of 10 hours a day or 40 hours in
any one week when the work week is four consecutive days, Monday
through Friday; and
(C) For all work performed on Saturday and on the following
legal holidays:
(i) Each Sunday.
(ii) New Year's Day on January 1.
(iii) Memorial Day on the last Monday in May.
(iv) Independence Day on July 4.
(v) Labor Day on the first Monday in September.
(vi) Thanksgiving Day on the fourth Thursday in November.
(vii) Christmas Day on December 25.
(b) An employer must give notice to employees who perform work
under paragraph (a) of this subsection in writing, either at the
time of hire or before commencement of work on the contract, or
by posting a notice in a location frequented by employees, of the
number of hours per day and days per week that employees may be
required to work.
(2) For the purpose of this section, each time a holiday, other
than Sunday, listed in subsection (1) of this section falls on
Sunday, the succeeding Monday shall be recognized as a legal
holiday. Each time a holiday listed in subsection (1) of this
section falls on Saturday, the preceding Friday shall be
recognized as a legal holiday.
(3) Subsections (1) and (2) of this section do not apply to a
contract for a public improvement or for services if the
contractor is a party to a collective bargaining agreement in
effect with any labor organization.
(4) When specifically agreed to under a written
labor-management negotiated labor agreement, an employee may be
paid at least time and a half pay for work performed on any legal
holiday specified in ORS 187.010 and 187.020 that is not listed
in subsection (1) of this section.
(5) This section shall not apply to labor performed in the
prevention or suppression of fire under contracts and agreements
made pursuant to the authority of the State Forester or the State
Board of Forestry, under ORS 477.406.
(6) This section shall not apply to contracts for personal
services as { - defined - } { + described + } in ORS 279.051,
provided that persons employed under such contracts shall receive
at least time and a half pay for work performed on the legal
holidays specified in subsection (1)(a)(C)(ii) to (vii) of this
section and for all overtime worked in excess of 40 hours in any
one week, except for individuals under these contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections
201 to 209 from receiving overtime.
(7) Subsection (1) of this section does not apply to contracts
for services at a county fair or for other events authorized by a
county fair board if persons employed under the contract receive
at least time and a half for work in excess of 10 hours in any
one day or 40 hours in any one week.
(8)(a) Subsection (1) of this section does not apply to
contracts for services. However, persons employed under such
contracts shall receive at least time and a half pay for work
performed on the legal holidays specified in a collective
bargaining agreement or in subsection (1)(a)(C)(ii) to (vii) of
this section and for all time worked in excess of 10 hours a day
or in excess of 40 hours in a week, whichever is greater.
(b) An employer must give notice to employees who work on a
contract for services in writing, either at the time of hire or
before commencement of work on the contract, or by posting a
notice in a location frequented by employees, of the number of
hours per day and days per week that the employees may be
required to work.
(9) Any contractor or subcontractor or contractor's or
subcontractor's surety who violates the provisions of this
section shall be liable to the employees affected in the amount
of their unpaid overtime wages and in an additional amount equal
to the unpaid overtime wages as liquidated damages. If the
violation resulted from willful falsification of payroll records,
the contractor or subcontractor or contractor's or
subcontractor's surety shall be liable to the employees affected
in the amount of their unpaid overtime wages and in additional
amount equal to twice the unpaid overtime wages as liquidated
damages.
(10) An action to enforce liability to employees under
subsection (9) of this section may be brought as an action on the
contractor's bond as provided for in ORS 279.536.
(11) In accordance with any applicable provision of ORS 183.310
to 183.550, the Commissioner of the Bureau of Labor and
Industries may adopt rules to carry out the provisions of this
section.
{ + NOTE: + } Corrects word choice in (6).
SECTION 142. ORS 285A.143 is amended to read:
285A.143. (1) Upon the request of any legislator, for a sister
state relationship in which the State of Oregon participates, a
sister state committee, consisting of up to 21 members each,
shall be appointed as described in subsection (2) of this
section. The committee shall be named for the sister state for
which the committee is created and shall be known as the (name of
sister state) Sister State Committee.
(2) Membership of each sister state committee shall include:
(a) The President of the Senate, who shall be cochairperson of
the committee;
(b) The Speaker of the House of Representatives, who shall be
cochairperson of the committee;
(c) Two members of the Senate, who are not members of the same
political party, appointed by the President of the Senate;
(d) Two members of the House of Representatives, who are not
members of the same political party, appointed by the Speaker of
the House of Representatives;
(e) Four members representing Oregon's business community
appointed by the President of the Senate;
(f) Four members representing Oregon's business community
appointed by the Speaker of the House of Representatives;
(g)(A) One former member of the Senate appointed by the
President of the Senate and one former member of the House of
Representatives appointed by the Speaker of the House of
Representatives; or
(B) If one of the potential appointees described in
subparagraph (A) of this paragraph is not available, two former
members of the Legislative Assembly appointed jointly by the
President of the Senate and the Speaker of the House of
Representatives;
(h) Two public members appointed by the President of the
Senate;
(i) Two public members appointed by the Speaker of the House of
Representatives; and
(j) If the cochairpersons jointly agree, one elected state
official.
(3)(a) The President of the Senate and the Speaker of the House
of Representatives may each designate an alternate from time to
time from among the members of their respective chambers to
exercise powers as a member of the committee when the President
or Speaker is not in attendance at a committee meeting, except
that an alternate may not preside over a committee meeting in
place of the President or Speaker.
(b) The President of the Senate and the Speaker of the House of
Representatives shall jointly select one of the members appointed
under subsection (2)(e) or (f) of this section to be executive
director to plan for and coordinate activities under ORS 285A.145
(2).
(4)(a) The President of the Senate and the Speaker of the House
of Representatives serve on a sister state committee so long as
each continues to hold the office of President or Speaker.
(b) { - Members - } { + A member + } of the Legislative
Assembly appointed under subsection (2)(c) or (d) of this section
{ - serve - } { + serves + } at the pleasure of the appointing
authority and may continue to serve as long as the member remains
in the chamber of the Legislative Assembly from which the member
was appointed. Before the expiration of the legislative term of
office of a member appointed under subsection (2)(c) or (d) of
this section, the appointing authority shall appoint a successor
whose term on the committee begins when the former member's
legislative term of office ends. If there is a vacancy for a
member appointed under subsection (2)(c) or (d) of this section
for any other cause, the appointing authority shall make an
appointment to become effective immediately.
(c) The term of office of committee members appointed under
subsection (2)(e) to (j) of this section is two years. A member
appointed under subsection (2)(e) to (j) of this section is
eligible for reappointment. If there is a vacancy for a member
appointed under subsection (2)(e) to (j) of this section before
the expiration of the term, the appointing authority shall make
an appointment to become effective immediately for the unexpired
term.
(5) Members of the Legislative Assembly who are members of a
sister state committee are entitled to a per diem as provided in
ORS 171.072 except when members are out of the United States.
(6) The cochairpersons of a sister state committee shall
preside alternately at sister state committee meetings.
(7) A majority of the members of a sister state committee
constitutes a quorum for the transaction of business.
(8) The Legislative Administration Committee shall provide
administrative staff support for one meeting of the sister state
committee held before the visit described in ORS 285A.145 (2) and
for one meeting held after the visit.
(9) For the purposes of this section and ORS 285A.145, ' sister
state' means an international state or province.
{ + NOTE: + } Refines syntax in (4)(b).
SECTION 143. ORS 288.420 is amended to read:
288.420. (1) The paying officer shall pay the principal of or
interest on any instrument at or after maturity when, except as
provided in subsections (2) and (3) of this section, the asserted
owner of { - such - } { + the + } instrument:
(a) Submits a satisfactory affidavit describing the instrument
and the circumstances surrounding the acquisition of
{ - such - } { + the + } instrument and giving a detailed
statement of the circumstances surrounding its loss, mutilation
or destruction;
{ - and - }
(b) Surrenders the instrument, if mutilated and in the
possession of the asserted owner; and
(c) { + (A) + } Furnishes an indemnity bond executed by two or
more sureties satisfactory to the paying officer and qualifying
as in the case of sureties for bail for twice the face amount of
the instrument plus interest due thereon; or
{ - (d) - } { + (B) + } Furnishes an indemnity bond
executed by a surety company licensed to do business in the state
for the face amount of the instrument plus interest due thereon.
(2) If { - such - } { + the + } asserted owner does not
have personal knowledge of the information { - which - } { +
that + } must be contained in the affidavit required under
subsection (1)(a) of this section, the person having
{ - such - } { + the + } personal knowledge may make the
affidavit.
(3) If the face amount of an instrument plus interest due
thereon is $1,000 or more, a surety company licensed to do
business in the state must execute the indemnity bond required
under subsection (1) of this section.
{ + NOTE: + } Restructures paragraphs in (1); updates syntax
in (1) and (2).
SECTION 144. ORS 291.228 is amended to read:
291.228. (1) The Governor shall publish a report that:
(a) Demonstrates that the amount within the Governor's budget
appropriated for the state's system of kindergarten through grade
12 public education is the amount of moneys as determined by the
Quality Education Commission { + established by ORS 327.500 + }
that is sufficient to meet the quality goals; or
(b) Identifies the reasons that the amount appropriated for the
state's system of kindergarten through grade 12 public education
is not sufficient, the extent of the insufficiency and the impact
of the insufficiency on the ability of the state's system of
kindergarten through grade 12 public education to meet the
quality goals. In identifying the impact of the insufficiency,
the Governor shall include in the report how the amount
appropriated in the Governor's budget may affect both the current
practices and student performance identified by the commission
under ORS 327.506 (4)(a) and the best practices and student
performance identified by the commission under ORS 327.506
(4)(b).
(2) The Governor shall identify in the report whether the
state's system of post-secondary public education has quality
goals established by law. If there are quality goals, the
Governor shall include in the report a determination that the
amount appropriated in the Governor's budget is sufficient to
meet those goals or an identification of the reasons the amount
appropriated is not sufficient, the extent of the insufficiency
and the impact of the insufficiency on the ability of the state's
system of post-secondary public education to meet the quality
goals.
(3) The report shall be issued at the same time as the
Governor's budget report required under ORS 291.202.
(4) The Governor shall provide public notice of the report's
issuance, including posting the report on the Internet and
providing a print version of the report upon request.
{ + NOTE: + } Clarifies reference in (1)(a).
SECTION 145. ORS 294.435 is amended to read:
294.435. (1) After the public hearing provided for in ORS
294.430 (1) has been held, the governing body shall enact the
proper ordinances or resolutions to adopt the budget, to make the
appropriations, to determine, make and declare the ad valorem
property tax amount or rate to be certified to the assessor for
either the ensuing year or { - for - } each of the years of
the ensuing budget period and to itemize and categorize the ad
valorem property tax amount or rate as provided in ORS 310.060.
Consideration shall be given to matters discussed at the public
hearing. The budget estimates and proposed ad valorem property
tax amount or rate as shown in the budget document may be amended
prior to adoption and may also be amended by the governing body
following adoption if such amendments are adopted prior to the
commencement of the fiscal year or budget period to which the
budget relates. However, the amount of estimated expenditures for
each fund in an annual budget may not be increased by more than
$5,000 or 10 percent of the estimated expenditures, whichever is
greater, and the amount of estimated expenditures for each fund
in a biennial budget may not be increased by more than $10,000 or
10 percent of the estimated expenditures, whichever is greater,
and the amount or rate of the total ad valorem property taxes to
be certified by the municipal corporation to the assessor may not
exceed the amount approved by the budget committee:
(a) Unless the amended budget document is republished as
provided by ORS 294.416 or 294.418 and 294.421 for the original
budget and another public hearing is held as provided by ORS
294.430 (1); or
(b) Except to the extent ad valorem property taxes may be
increased pursuant to ORS 294.437.
(2) After the public hearing provided for in ORS 294.430 (2) or
(3) has been held and the certification of the tax supervising
and conservation commission received, if such certification is
required, the governing body shall enact the proper ordinances or
resolutions to adopt the budget, to make the appropriations, to
determine, make and declare the ad valorem property tax amount or
rate for either the ensuing fiscal year or { - for - } each of
the fiscal years of the ensuing budget period and to itemize and
categorize the ad valorem property tax amount or rate as provided
in ORS 310.060. Consideration shall be given any orders,
recommendations or objections made by the tax supervising and
conservation commission in accordance with law. The action taken
on each order, recommendation or objection after such
consideration by the governing body, with the reasons for such
action, shall be included in the ordinance or resolution adopting
the budget. A certified copy of the ordinance or resolution shall
be sent to the commission within 15 days after the date the
ordinance or resolution is adopted. The budget estimates,
appropriations and ad valorem property tax amount or rate as
shown in the budget document may be amended prior to adoption and
may also be amended by the governing body following adoption if
such amendments are adopted prior to the commencement of the
fiscal year or budget period to which the budget relates.
However, the amount of estimated expenditures for each fund may
not be increased by more than $5,000 or 10 percent of the
estimated expenditures, whichever is greater, the amount of
estimated expenditures for each fund in a biennial budget may not
be increased by more than $10,000 or 10 percent of the estimated
expenditures, whichever is greater, and the amount or rate of the
total ad valorem property taxes to be certified by the municipal
corporation to the assessor may not exceed the amount shown in
the budget document at the time of the budget hearing:
(a) Unless the amended budget document is resubmitted to the
tax supervising and conservation commission for another public
hearing, and for recommendations or objections of that body; or
(b) Except to the extent ad valorem property taxes may be
increased pursuant to ORS 294.437.
(3) The appropriations required by subsections (1) and (2) of
this section shall, as a minimum, contain one amount for each
organizational unit or program of each fund. In addition,
separate amounts shall be appropriated in each fund for debt
service, special payments, interfund revenue transfers, capital
outlay, operating expenses which cannot be allocated to an
organizational unit or program and operating contingencies. If
the governing body so desires, it may appropriate separate
amounts for activities within an organizational unit or program.
For those municipal corporations where the term 'organizational
unit' has no application, the appropriations shall contain
separate amounts for personal services, materials and services,
capital outlay, debt service, special payments, interfund revenue
transfers and operating contingency for each fund.
(4) Thereafter no greater expenditure, or encumbrance if
encumbrance accounting is used, of public money shall be made for
any specific purpose other than the amount appropriated therefor
except as provided in ORS 294.326, 294.440, 294.450 and 294.480.
(5) The determination of the amount or rate of ad valorem
property taxes to be certified shall be entered in the proper
records of the governing body. Except as provided in ORS 294.437,
no greater tax than that so entered upon the record shall be
certified by the municipal corporation proposing the tax for the
purpose or purposes indicated.
(6) Nothing contained in this section shall preclude a
governing body during the fiscal year or budget period by
appropriate ordinance or resolution, after public hearing, from
adjusting budgeted resources and reducing appropriations to
reflect a decrease in available resources.
(7)(a) The governing body shall determine, make and declare ad
valorem property taxes under subsections (1) and (2) of this
section as a rate per $1,000 of assessed value if the taxes are
operating taxes or rate-based local option taxes as a rate per
$1,000 of assessed value.
(b) The governing body shall determine, make and declare ad
valorem property taxes under subsections (1) and (2) of this
section as an amount if the taxes are being certified as
amount-based local option taxes, to pay principal and interest on
exempt bonded indebtedness or to pay other government obligations
described in section 11 (5), Article XI of the Oregon
Constitution.
{ + NOTE: + } Corrects syntax in (1) and (2).
SECTION 146. ORS 326.051 is amended to read:
326.051. Subject to ORS 417.300 and 417.305:
(1) In addition to such other duties as are prescribed by law
and pursuant to the requirement of ORS 183.310 to 183.550, the
State Board of Education shall:
(a) Establish state standards for public kindergartens and
public elementary and secondary schools consistent with the
policies stated in ORS 326.011.
(b) Adopt rules for the general governance of public
kindergartens and public elementary and secondary schools and
public community colleges.
(c) Prescribe required or minimum courses of study.
(d) Adopt rules regarding school and interscholastic activities
in accordance with standards established pursuant to paragraph
(f) of this subsection.
(e) Adopt rules that provide that no public elementary or
secondary school shall discriminate in determining participation
in interscholastic activities. { - Discrimination is as
defined - } { + As used in this paragraph, 'discrimination' has
the meaning given that term + } in ORS 659.850.
(f) Adopt standards applicable to voluntary organizations that
administer interscholastic activities as provided in ORS 339.430.
(g) Adopt rules that will eliminate the use and purchase of
elemental mercury, mercury compounds and mercury-added
instructional materials by public elementary and secondary
schools.
(2) The State Board of Education may:
(a) Consistent with the laws of this state, accept money or
property not otherwise provided for under paragraph (b) of this
subsection, which is donated for the use or benefit of the public
kindergartens and public elementary and secondary schools and
public community colleges and use such money or property for the
purpose for which it was donated. Until it is used, the board
shall deposit any money received under this paragraph in a
special fund with the State Treasurer as provided in ORS 293.265
to 293.275.
(b) Apply for federal funds and accept and enter into any
contracts or agreements in behalf of the state for the receipt of
such funds from the federal government or its agencies for
educational purposes, including but not limited to any funds
available for the school lunch program, for career education
purposes, for professional technical educational purposes, for
adult education, for manpower programs and any grants available
to the state or its political subdivisions for general federal
aid for public kindergartens and public elementary and secondary
schools and public community colleges and their auxiliary
services, improvement of teacher preparation, teacher salaries,
construction of school buildings, administration of the
Department of Education and any other educational activities
under the jurisdiction of the State Board of Education.
(3) The State Board of Education shall provide a separate,
identifiable place on its agenda six times a year for community
college issues. The state board may also consider matters
affecting community colleges at any regular or special meeting.
{ + NOTE: + } Conforms (1)(e) to legislative style.
SECTION 147. ORS 327.405 is amended to read:
327.405. The Common School Fund shall be composed of the
proceeds from the sales of the 16th and 36th sections of every
township or of any lands selected in lieu thereof, all the moneys
and clear proceeds of all property { - which - } { + that + }
may accrue to the state by escheat or forfeiture, the proceeds of
all gifts, devises and bequests made by any person to the state
for common school purposes, the proceeds of all property granted
to the state when the purpose of such grant is not stated, all
proceeds of the sale of submerged and submersible lands as
described in ORS 274.005, all proceeds of the sale of the South
Slough { - Estuarine Sanctuary - } { + National Estuarine
Research Reserve + } as described in ORS 273.553 in the event
such property is sold, and all proceeds of the sale of the
500,000 acres of land to which this state is entitled by an Act
of Congress approved September 4, 1841, and of all lands selected
for capitol building purposes under Act of Congress approved
February 14, 1859. All such proceeds shall become a part of the
Common School Fund. Except as otherwise provided by law, the
income from the Common School Fund shall be applied exclusively
to the support and maintenance of common schools in each school
district. All lawful claims for repayment of moneys under the
provisions of ORS 98.302 to 98.436 and 98.992, or out of
escheated estates and for attorney fees and all other expenses in
any suit or proceeding relating to escheated estates shall be
audited by the Division of State Lands and paid from the Common
School Fund Account.
{ + NOTE: + } Corrects title and syntax.
SECTION 148. ORS 333.195 is amended to read:
333.195. (1) The district boundary board shall proceed to zone
or rezone the county school district in the manner provided in
this section immediately following any election in which the
formation of or any consolidation involving such district is
approved by the electors. Thereafter, upon a petition being filed
with the district boundary board signed by not fewer than three
members of the county school board or by not fewer than 100
electors of the county school district, which alleges that the
district boundary board has not held a public hearing for the
rezoning of the school district for a period of at least 10 years
prior to the filing of the petition and requests the district
boundary board to hold such a hearing, the district boundary
board shall, if it finds that the petition complies with the law
and that its allegations are true, proceed in the manner provided
in this section.
(2) The district boundary board shall by resolution set a time
and place for a public hearing for the zoning of the school
district and shall cause notice of such time and place to be
published in the manner provided by ORS 330.400.
(3) At the time and place set for the hearing, which place
shall be the office of the district boundary board or the place
within the county school district designated in the resolution,
the district boundary board shall hear and receive the oral and
written statements and recommendations of the electors and
property owners of the county school district and of the school
board of the district and if held following a consolidation
election the electors, property owners and school board of the
consolidated district.
(4) Following the hearing the district boundary board may meet
from time to time, without further notice, for the purpose of
zoning the district. It shall consider the statements and
recommendations received at the public hearing. It may consider
any school records, the school census, the federal census and
state certificates of population and may request the State Board
of Higher Education to conduct an actual count of the population
within the school district or any proposed zone pursuant to the
provisions of ORS 190.520 { - (2) - } { + (1)(b) + }. It may
retain or employ appropriate professional and other special
assistance reasonably required to conduct its investigation.
(5) At the conclusion of its investigation and deliberation,
the district boundary board shall divide the county school
district into five or seven zones for the election of school
directors. Each zone shall be as nearly equal in population as
each other zone { + . + } { - ; provided, - } However,
{ - that - } in { + the division of + } any county school
district { - which - } { + that + } contains territory within
a union high school district { - which - } { + that + } is
exempted from the county school district tax for high school
purposes by ORS 333.050 { + , the district boundary board shall
provide that + } not { - less - } { + fewer + } than three of
the zones { - must - } lie wholly outside the boundaries of
the union high school district.
(6) The district boundary board shall adopt a resolution
setting forth by metes and bounds the description of each of the
five or seven zones and shall designate each zone by number or
name. Upon adopting the resolution, the zones shall henceforth
and until the next rezoning be the zones for election of
directors of the county school district.
{ + NOTE: + } Reflects renumbering in (4); see section 89
(amending 190.520). Corrects punctuation and syntax in (5).
SECTION 149. ORS 339.155 is amended to read:
339.155. (1) { - No - } { + A + } district school board or
public charter school as defined in ORS 338.005 { - shall - }
{ + may not + } require payment of fees as a condition of
admission to those pupils entitled under the law to free
admission. However, the following are not considered as
conditions of admission:
(a) Pursuant to ORS 339.141, but subject to ORS 339.147,
tuition may be charged for courses not part of the regular school
program.
(b) { - No - } { + A + } charge { - shall - } { + may
not + } be made for a standard, prescribed textbook but a
security deposit may be required { + , + } which may be refunded
if the textbook is returned in usable condition. Supplemental
texts shall be made available on loan.
(c) A deposit may be charged for a lock for a locker.
(2) A district school board or public charter school may
require pupils who do not furnish their own attire for physical
education classes to pay an appropriate fee for uniforms provided
by the district or public charter school.
(3) A district school board or public charter school may
require pupils who do not provide appropriate towels for physical
education classes to pay a fee for use of towels provided by the
district or public charter school.
(4) { + (a) + } A district school board or public charter
school may require payment of fees for the use of musical
instruments owned or rented by the district or public charter
school { - , the fee not to exceed - } { + . The district
school board or public charter school may not charge a fee that
exceeds + } the rental cost { + of the instrument + } to the
district or public charter school or the annual depreciation plus
actual maintenance cost for each instrument { - ; except
that - } { + . + }
{ + (b) Notwithstanding paragraph (a) of this subsection, a
district school board or public charter school may not require
payment of fees for the use of a musical instrument from + }
children exempt from tuition under ORS 339.147 { + . The district
school board or public charter school + } shall { - be
loaned - } { + lend + } musical instruments { + , + } { - by
the school district or public charter school - } without
charge { + , to children exempt from tuition under ORS
339.147 + }.
(5) Subject to ORS 339.147, a district school board or public
charter school may require payments of fees in any of the
following:
(a) In any program where the resultant product, in excess of
minimum course requirements and at the pupil's option, becomes
the personal property of the pupil.
(b) Admission fees or charges for extracurricular activities
where pupil attendance is optional.
(c) A security deposit conditioned on the return of materials,
supplies or equipment including athletic equipment.
(d) Items of personal use or products which a pupil may
purchase such as student publications, class rings, annuals and
graduation announcements.
(e) Field trips considered optional to a district's or public
charter school's regular school program.
(f) Any authorized voluntary pupil health and accident benefit
plan.
(g) As used in this subsection, 'minimum course requirements'
means any product required to be produced to meet the goals of
the course.
{ + NOTE: + } Conforms syntax and punctuation to legislative
style in (1) and (4).
SECTION 150. ORS 339.460 is amended to read:
339.460. (1) { - Home school - } { + Homeschooled + }
students shall not be denied by a school district the opportunity
to participate in all interscholastic activities if the student
fulfills the following conditions:
(a) The student must meet all school district eligibility
requirements with the exception of:
(A) The school district's school or class attendance
requirements; and
(B) The class requirements of the voluntary association
administering interscholastic activities.
(b)(A) The student must achieve a minimum score on an
examination from the list adopted by the State Board of Education
pursuant to ORS 339.035. The examination shall be taken at the
end of each school year and shall be used to determine
eligibility for the following year. The minimum, composite test
score that a student must achieve shall place the student at or
above the 23rd percentile based on national norms. The parent or
legal guardian shall submit the examination results to the school
district; or
(B) A school district may adopt alternative requirements, in
consultation with the parent or legal guardian of a { - home
school - } { + homeschooled + } student, that a student must
meet to participate in interscholastic activities, including but
not limited to a requirement that a student submit a portfolio of
work samples to a school district committee for review to
determine whether a student is eligible to participate in
interscholastic activities.
(c) Any public school student who chooses to be { - home
schooled - } { + homeschooled + } must also meet the minimum
standards as described in paragraph (b) of this subsection. The
student may participate while awaiting examination results.
(d) Any public school student who has been unable to maintain
academic eligibility shall be ineligible to participate in
interscholastic activities as a { - home school - } { +
homeschooled + } student for the duration of the school year in
which the student becomes academically ineligible and for the
following year. The student must take the required examinations
at the end of the second year and meet the standards described in
paragraph (b) of this subsection to become eligible for the third
year.
(e) The { - home school - } { + homeschooled + } student
shall be required to fulfill the same responsibilities and
standards of behavior and performance, including related class or
practice requirements, of other students participating in the
interscholastic activity of the team or squad and shall be
required to meet the same standards for acceptance on the team or
squad. The { - home school - } { + homeschooled + } student
must also comply with all public school requirements during the
time of participation.
(f) A { - home school - } { + homeschooled + } student
participating in interscholastic activities must reside within
the attendance boundaries of the school for which the student
participates.
(2) As used in this section:
(a) 'Board' means the State Board of Education.
(b) ' { - Home school - } { + Homeschooled + } students' are
those children taught by private teachers, parents or legal
guardians as described in ORS 339.030.
(c) 'Interscholastic activities' includes but is not limited to
athletics, music, speech, and other related activities.
{ + NOTE: + } Corrects word choice.
SECTION 151. ORS 339.505 is amended to read:
339.505. (1) For purposes of the student accounting system
required by ORS 339.515, the following definitions shall be used:
(a) 'Graduate' means an individual who has { + : + }
{ + (A) + } Not reached 21 years of age or whose 21st
birthday occurs during the current school year;
{ + (B) + } Has met all state requirements and local
requirements for attendance, competence and units of credit for
high school; and
{ + (C) + } Has received one of the following:
{ - (A) - } { + (i) + } A high school diploma issued by a
school district.
{ - (B) - } { + (ii) + } An adult high school diploma
issued by an authorized community college.
{ - (C) - } { + (iii) + } A modified high school diploma
based on the successful completion of an individual education
plan.
(b) 'School dropout' means an individual who:
(A) Has enrolled for the current school year, or was enrolled
in the previous school year and did not attend during the current
school year;
(B) Is not a high school graduate;
(C) Has not received a General Educational Development (GED)
certificate; and
(D) Has withdrawn from school.
(c) 'School dropout' does not include a student described by at
least one of the following:
(A) Student has transferred to another educational system or
institution that leads to graduation and the school district has
received a written request for the transfer of the student's
records or transcripts.
(B) Student is deceased.
(C) Student is participating in home instruction paid for by
the district.
(D) Student is being taught by a private teacher, parent or
legal guardian pursuant to ORS 339.030 (1)(c) or (d).
(E) Student is participating in a Department of Education
approved public or private education program, an alternative
education program as defined in ORS 336.615 { - , a Department
of Human Services facility - } or a hospital education
program { + , or is residing in a Department of Human Services
facility + }.
(F) Student is temporarily residing in a shelter care program
certified by the Oregon Youth Authority or the Department of
Human Services or in a juvenile detention facility.
(G) Student is enrolled in a foreign exchange program.
(H) Student is temporarily absent from school because of
suspension, a family emergency, or severe health or medical
problems which prohibit the student from attending school.
(I) Student has received a General Educational Development
(GED) certificate.
(2) The State Board of Education shall prescribe by rule when
an unexplained absence becomes withdrawal, when a student is
considered enrolled in school, acceptable alternative education
programs under ORS 336.615 to 336.665 and the standards for
excused absences for purposes of ORS 339.065 for family
emergencies and health and medical problems.
{ + NOTE: + } Restructures (1)(a) to conform to legislative
style; clarifies meaning in (1)(c)(E).
SECTION 152. ORS 344.259 is amended to read:
344.259. (1) The State Board of Education shall coordinate
continuing education in lower division, developmental, adult
self-improvement, professional and technical education for
agencies under its regulatory authority. The State Board of
Higher Education shall coordinate continuing education in upper
division and graduate education for institutions under its
jurisdiction.
(2) { - Where - } { + When + } significantly adverse impact
is alleged by one or more of the agencies listed in this
subsection, the affected parties jointly shall provide for
written agreements. These agreements shall allocate
responsibility for planning and providing continuing education or
off-campus instruction in specific areas or by specific types.
The agencies are:
(a) { + The + } State Board of Education.
(b) { + The + } State Board of Higher Education.
(c) Community college { - district - } { + districts + }.
(d) Independent { - college - } { + colleges + }.
(e) Proprietary { - school - } { + schools + }.
(3) In the event the affected parties fail to reach a written
agreement within 120 days following receipt of written notice of
the allegation, either party may request the Education and
Workforce Policy Advisor to review and to recommend resolution.
(4) Nothing in this section prohibits the offering of upper
division or graduate programs within 30 miles of the campus of
the Department of Higher Education institution offering the
program, or the offering of lower division programs within 30
miles of the campus offering the program in areas outside a
community college district. Such programs are entitled to the
same college credit and financial support as programs offered on
the campus of the institution.
{ + NOTE: + } Corrects word choice and refines syntax in (2).
SECTION 153. ORS 344.710 is amended to read:
344.710. { + As used in ORS 344.720 and 344.730, + }
'rehabilitation facility' means a nonprofit sheltered or
community-based service established and operated by a public or
private organization to provide two or more of the following
services for individuals with disabilities:
(1) Vocational assessment.
(2) Community integration.
(3) Training.
(4) Employment.
{ + NOTE: + } Provides context for definition.
SECTION 154. ORS 348.702, as amended by section 4, chapter 6,
Oregon Laws 2002 (third special session), is amended to read:
348.702. (1) There is created within the Education Stability
Fund the Oregon Growth Account, to which shall be credited 10
percent of the funds transferred under section 4, Article XV,
Oregon Constitution, from the Administrative Services Economic
Development Fund to the Education Stability Fund. Separate
records shall be maintained for moneys in the Oregon Growth
Account that are available for the purposes specified in
subsection (2) of this section. The account may be credited with
such unrestricted appropriations, gifts, donations, grants or
contract proceeds from any source, with investments or funds from
any source, and with returns on investments made from the
account.
(2) The purpose of the Oregon Growth Account is to earn returns
for the Education Stability Fund by making investments in or
{ - to provide - } { + by providing + } seed capital for
emerging growth businesses in key industries.
(3) The investment of funds in the Oregon Growth Account shall
be governed by the Oregon Growth Account Board.
{ + NOTE: + } Improves syntax in (2).
SECTION 155. ORS 351.067 is amended to read:
351.067. (1) In carrying out its authority under ORS 351.070,
the State Board of Higher Education may authorize receipt of
compensation for any officer or employee of the Oregon University
System from private or public resources, including, but not
limited to, income from:
(a) Consulting;
(b) Appearances and speeches;
(c) Intellectual property conceived, reduced to practice or
originated and therefore owned within the { - state - } { +
Oregon University + } System;
(d) Providing services or other valuable consideration for a
private corporation, individual, or entity, whether paid in cash
or in-kind, stock or other equity interest, or anything of value
regardless of whether there is a licensing agreement between the
{ - state - } { + Oregon University + } System and the
private entity; and
(e) Performing public duties paid by private organizations,
including institution corporate affiliates, which augment an
officer's or employee's publicly funded salary. Such income shall
be authorized and received in accordance with policies and rules
established by the board.
(2) The board shall not authorize compensation, as defined in
subsection (1) of this section, that, in the board's judgment,
does not comport with the mission of the institution and the
{ - higher education - } { + Oregon University + } System or
substantially interferes with an officer's or employee's duties
to the { - state - } { + Oregon University + } System.
(3) Any compensation, described and authorized under subsection
(1) of this section, shall be considered official salary,
honorarium or reimbursement of expenses for purposes of ORS
244.040. If authorization or receipt of such compensation creates
a potential conflict of interest, the potential conflict shall be
reported in writing in accordance with rules of the state board.
The disclosure is a public record subject to public inspection.
(4) The state board shall adopt by rule standards governing
employee outside employment and activities, including potential
conflict of interest, as defined by state board rule and
consistent with ORS 244.020, and the public disclosure thereof,
and procedures for reporting and hearing potential or actual
conflict of interest complaints.
{ + NOTE: + } Utilizes proper title in (1) and (2).
SECTION 156. ORS 351.070 is amended to read:
351.070. (1) The Oregon University System, in accordance with
rules adopted by the State Board of Higher Education, shall
implement a personnel system and may engage in collective
bargaining with its employees. All collective bargaining with any
certified or recognized exclusive employee representative shall
be under the direction and supervision of the Chancellor of the
Oregon University System. The Oregon University System shall have
payroll authority pursuant to ORS 292.043 to 292.180.
(2)(a) The board shall establish competitive procedures for the
purchasing, procurement and contracting of goods and services for
the benefit of the Oregon University System and all the
institutions, departments and activities therein.
(b) The board shall ensure that the hourly rate of wage paid by
any contractor upon all public improvements contracts undertaken
for the board shall not be less than the same rate of wage as
determined by the Bureau of Labor and Industries for an hour's
work in the same trade or occupation in the locality where such
labor is performed. Claims or disputes arising under this
subsection shall be decided by the Commissioner of the Bureau of
Labor and Industries.
(c) The board shall adopt policies and procedures that achieve
results equal to or better than the standards existing on July
17, 1995, regarding affirmative action, pay equity for comparable
work, recycling, the provision of workers' compensation insurance
to workers on contract and the participation of emerging small
businesses and businesses owned by minorities and women.
(3) The board may, for each institution under its control:
(a) Appoint and employ a president and the requisite number of
professors, teachers and employees, and prescribe their
compensation and tenure of office or employment.
(b) Demand and receive the interest mentioned in ORS 352.510
and all sums due and accruing to the institutions of higher
education for admission and tuition therein, and apply the same,
or so much thereof as is necessary, to the payment of the
compensation referred to in paragraph (a) of this subsection and
the other current expenses of the institutions.
(c) Prescribe fees for enrollment into the institutions. Such
enrollment fees shall include tuition for education and general
services and such other charges found by the board to be
necessary to carry out its educational programs. The board may
award student aid from any fund other than the General Fund.
(d) Prescribe incidental fees for programs under the
supervision or control of the board found by the board, upon its
own motion or upon recommendation of the recognized student
government of the institution concerned, to be advantageous to
the cultural or physical development of students. Fees realized
in excess of amounts allocated and exceeding required reserves
shall be considered surplus incidental fees and shall be
allocated for programs under the control of the board and found
to be advantageous to the cultural or physical development of
students by the institution president upon the recommendation of
the recognized student government at the institution concerned.
(e) Upon recommendation of the recognized student government,
collect optional fees authorized by the institution executive,
for student activities not included in paragraph (c) or (d) of
this subsection. The payment of such optional fees shall be at
the option and selection of the student and shall not be a
prerequisite of enrollment.
(f) Confer, on the recommendation of the faculty of any such
institution, such degrees as usually are conferred by such
institutions, or as they deem appropriate.
(g) Prescribe the qualifications for admission into such
institutions.
(4) Subject to such delegation as the board may decide to make
to the institutions, divisions and departments under its control,
the board, for each institution, division and department under
its control { - , shall - } :
(a) { + Shall + } supervise the general course of instruction
therein, and the research, extension, educational and other
activities thereof.
(b) { + Shall + } adopt rules and bylaws for the government
thereof, including the faculty, teachers, students and employees
therein.
(c) { + Shall + } maintain cultural and physical development
services and facilities therefor and, in connection therewith,
may cooperate and enter into agreements with any person or
governmental agency { - ; and - } { + . + }
{ + (d) + } May provide student health services and contract
therefor.
{ - (d) - } { + (e) Shall + } prescribe and collect
charges.
{ - (e) - } { + (f) Shall + } adopt rules relating to the
creation, use, custody and disclosure, including access, of
student education records of the institutions that are consistent
with the requirements of applicable state and federal law.
Whenever a student has attained 18 years of age or is attending
an institution of post-secondary education, the permission or
consent required of and the rights accorded to a parent of the
student regarding education records shall thereafter be required
of and accorded to only the student.
(5) For each institution under its jurisdiction, the board
shall provide opportunities for part-time students to obtain
complete undergraduate degrees at unconventional times, which
include but are not limited to early morning and noon hours,
evenings and weekends. In administering these degree programs,
the institution may use any educational facility available for
the use of the institution.
{ + NOTE: + } Recasts paragraphs and corrects punctuation in
(4).
SECTION 157. ORS 351.450 is amended to read:
351.450. { + (1) + } The moneys realized from sales of bonds
issued to construct, improve, repair, equip and furnish buildings
and other structures for higher education, and to purchase and
improve sites therefor { + , + } shall be credited to a special
fund in the State Treasury separate and distinct from the General
Fund, to be designated { + the + } Higher Education Bond
Building Fund.
{ + (2) + } In the Higher Education Bond Building Fund there
shall be { + : + }
{ + (a) + } A separate subfund for the credit of moneys
realized from sales of bonds issued pursuant to Article XI-F(1)
of the Oregon Constitution and ORS 351.350;
{ + (b) + } { - there shall be - } A separate subfund for
the credit of moneys realized from sales of bonds issued pursuant
to Article XI-G of the Oregon Constitution { - , - } and ORS
351.345; and
{ + (c) + } { - there shall be - } A separate subfund for
the credit of moneys realized from the sales of revenue bonds
issued pursuant to ORS 288.855.
{ + (3) + } The moneys received from the issuance of
temporary bonds under ORS 351.470 for the purpose of interim
financing pending the sale of the bonds shall also be credited to
the appropriate subfund of the Higher Education Bond Building
Fund.
{ + (4) + } The moneys in the fund hereby are appropriated to
defray the costs of the projects to be financed through sale of
the bonds and for the purpose of retiring temporary bonds issued
under ORS 351.470 { - , - } and shall not be used for any other
purpose, except that such moneys may, with the approval of the
State Treasurer, be invested until needed. If a surplus remains
after application to such purpose, the surplus, and earnings from
temporary investments, shall be credited to the Higher Education
Bond Sinking Fund by the appropriate subfund.
{ + NOTE: + } Conforms structure to legislative style;
corrects syntax and punctuation.
SECTION 158. ORS 351.460 is amended to read:
351.460. (1) The State Board of Higher Education shall maintain
with the State Treasurer, a Higher Education Bond Sinking Fund,
separate and distinct from the General Fund. The Higher Education
Bond Sinking Fund shall comprise three separate subfunds to
provide for the payment of the principal of and the interest upon
the bonds issued under authority of Article XI-F(1) of the Oregon
Constitution and ORS 351.350, under authority of Article XI-G of
the Oregon Constitution and ORS 351.345, and revenue bonds issued
under authority of ORS 288.855. The moneys in { - said - }
{ + the + } sinking fund hereby are appropriated for such
purposes. The { - said - } fund may be invested by the State
Treasurer, and the earnings from such investments shall be
credited to the appropriate subfunds of
{ - such - } { + the + } fund.
(2) The Higher Education Bond Sinking Fund shall consist of all
moneys received from ad valorem taxes levied pursuant to ORS
291.445, all moneys that the Legislative Assembly may provide in
lieu of such taxes, all of the net revenues received from the
projects or undertakings for the financing of which the bonds
were issued, including gifts, grants and building fees, such
unpledged revenues of buildings and projects of like character as
shall be allocated by the board, all moneys received as accrued
interest upon bonds sold, all earnings from investments of
{ - said - } { + the + } fund and the proceeds of the sale of
refunding bonds. Moneys credited to the Higher Education Bond
Sinking Fund shall be credited to the appropriate subfunds of
{ - such - } { + the + } fund.
(3) The board may credit the Higher Education Bond Sinking Fund
with moneys received from either a sale or interfund transfer of
land, buildings and facilities. { - Where such - } { + When
the + } land, buildings or facilities are sold, or the use
thereof is rededicated so that a transfer from one subfund to the
other is appropriate, the moneys received shall be credited to
the appropriate subfund.
(4) The board shall apply student building fees, revenues,
gifts and grants for the payment of the principal of and the
interest upon the bonds issued under authority of Article XI-F(1)
of the Oregon Constitution and ORS 351.350 and under authority of
ORS 288.855 until such time as the proper subfund of
{ - said - } { + the + } sinking fund and investments thereof,
as supplemented by expected future income will, in the judgment
of the board, be sufficient to meet in full the principal of and
the interest upon all such outstanding bonds. Except for student
building fees, income not thus required for the sinking fund
shall be transferred to such other fund and account as the board
shall designate. Student building fees for buildings constructed
from the proceeds of bonds issued under Article XI-F(1) of the
Oregon Constitution or ORS 288.855 shall be applied only to those
projects authorized under Article XI-F(1) of the Oregon
Constitution or ORS 288.855.
(5) { + (a) + } The { - said - } { + board may not use
the + } sinking fund { - shall not be used - } for any purpose
other than { - those - } { + the purposes + } for which the
fund was created { - ; but should - } { + . + }
{ + (b) Notwithstanding paragraph (a) of this subsection, the
board may transfer any surplus in the sinking fund to other funds
designated by the board if + } a balance { - remain therein - }
{ + remains in the sinking fund + } from sources other than
student building fees for buildings constructed from the proceeds
of bonds issued under Article XI-F(1) of the Oregon Constitution
{ - after - } { + and: + }
{ + (A) + } The purposes for which the fund was created have
been fulfilled { + ; + } or { - after - }
{ + (B) + } A reserve sufficient to meet all existing and
future obligations and liabilities of the fund has been set aside
{ - , the surplus remaining may be transferred to such other
fund as the board may designate - } .
{ + NOTE: + } Adjusts syntax; reformats and corrects
punctuation in (5).
SECTION 159. ORS 351.676 is amended to read:
351.676. As used in ORS 351.676 to 351.691:
(1) 'Board' means the Higher Education Technology Transfer Fund
Board established in ORS 351.680.
{ + (2) 'Eligible higher education institution' means a
higher education institution that the board determines meets the
criteria adopted by rule by the board under ORS 351.683 (4). + }
{ - (2) - } { + (3) + } 'Higher education institution'
means:
(a) A community college as defined in ORS 341.005.
(b) A private higher education institution.
(c) The Oregon Health and Science University.
(d) A state institution of higher education listed in ORS
352.002.
(e) The Department of Higher Education.
{ - (3) 'Eligible higher education institution' means a
higher education institution that the board determines meets the
criteria adopted by rule by the board under ORS 351.683 (4). - }
(4) 'Private higher education institution' means a private and
independent institution of higher education as defined in ORS
352.720.
(5) 'Technology transfer' means any activity that is intended
to lead to the sale, license, assignment or other grant of a
right to use specified intellectual property assets developed,
owned or controlled by a higher education institution.
Intellectual property assets include, but are not limited to, any
right, title or interest arising out of a patent, copyright,
trade secret, trademark or other analogous proprietary right.
{ + NOTE: + } Alphabetizes definitions.
SECTION 160. ORS 357.925 is amended to read:
357.925. (1) There is established the office of Poet Laureate
of the State of Oregon for the purpose of honoring those resident
poets of Oregon who have been most responsible for capturing the
beauty and spirit of the state through the medium of verse.
(2) The person appointed to the office of Poet Laureate of the
State of Oregon must be a person who:
(a) Has been a resident of Oregon for at least 10 years.
(b) Is presently a resident of Oregon.
(c) Is publicly recognized and well regarded as a poet.
(3) Within one year after the office of Poet Laureate is
created or thereafter becomes vacant, the Governor shall appoint
{ - some - } { + a + } qualified person to the office of Poet
Laureate of the State of Oregon to serve at the pleasure of the
Governor for a term of four years.
{ + NOTE: + } Adjusts syntax in (3).
SECTION 161. ORS 366.512 is amended to read:
366.512. (1) The Department of Transportation shall collect all
registration fees for campers, manufactured structures, motor
homes and travel trailers. Such fees shall be paid into the State
Parks and Recreation Department Fund.
(2) As used in this section { - and in ORS 390.134 (1) to
(6) - } , the words 'camper,' 'manufactured structure,' 'motor
home ' and 'travel trailer' have the meanings given { + those
terms + } in ORS chapter 801.
{ + NOTE: + } Eliminates cross-chapter application of
definitions and conforms syntax to legislative style in (2).
SECTION 162. ORS 376.505 is amended to read:
376.505. { + (1) + } Any person, firm or corporation
{ - who - } { + that + } requires land for transportation of
the raw products of the forest may file with the county clerk of
the county in which the land is located:
{ - (1) - } { + (a) + } A statement showing the approximate
route of any proposed road or railway and a general description
of the tract
{ - which - } { + that + } the road or railway may travel.
{ - (2) - } { + (b) + } At the time of filing the
statement, a bond in such sum as may be fixed by order of the
county court, conditioned upon the payment to the owners of the
lands required for the road or railway of any and all damage
{ - which - } { + that + } the owners may sustain by reason of
entry upon the land for the survey or location of the road or
way.
{ + (2) + } When the bond has been filed, such person, firm
or corporation shall have the right to enter upon the tract for
the purpose of examining, locating or surveying the line of the
road or logging railroad.
{ + NOTE: + } Restructures section; fine-tunes syntax.
SECTION 163. ORS 376.745 is amended to read:
376.745. (1) The resolution of intention shall be published in
a newspaper of general circulation published within the county,
city or city and county, as the case may be. The first
publication shall be not less than 60 days prior to the date
fixed therein for hearing. In a city where no such newspaper is
published, the resolution shall instead be so published in a
newspaper of general circulation published in the county in which
the city is located.
(2) Copies of the resolution headed 'Notice of Intention to
Establish a Pedestrian Mall' in letters at least one-half inch in
height shall be posted not more than 300 feet apart as follows:
(a) On all city streets, or portions thereof, proposed to be
established as a pedestrian mall.
(b) On all intersecting streets.
(c) If assessments are to be levied as contemplated by ORS
376.735, then upon all open streets within the district described
in the resolution pursuant to such section.
{ + (3) + } { - Such - } Copies shall be posted not less
than 60 days prior to the hearing.
{ + NOTE: + } Reformats section.
SECTION 164. ORS 377.790 is amended to read:
377.790. Pursuant to the terms of a written agreement between
the Department of Transportation and the Travel Information
Council:
(1) The department shall furnish, erect and maintain motorist
informational signs, logo signs, tourist oriented directional
signs and sign plazas as requested by the council. Such signs
shall be erected and maintained at locations the council
considers appropriate. The department may contract for the
furnishing, erection and replacement of all such sign plazas,
logo signs, tourist oriented directional signs and motorist
informational signs to be erected upon a state highway, in
tourist information centers, rest areas or other places.
(2) In carrying out its responsibilities under ORS 377.700 to
377.840 the council may enter into contractual or other
agreements with a city, county or other governmental agency of
this state or with an independent contractor providing for the
erection, maintenance, administration and operation of sign
plazas, logo signs, tourist oriented directional signs and
motorist
{ - information - } { + informational + } signs and
collection of the permit fees charged therefor { - ; - }
{ + , + } or for other matter authorized under ORS 377.700 to
377.840 requiring council consideration. When soliciting
contracts for goods or professional services, the council shall:
(a) Require that an independent contractor, city, county or
other governmental agency of the state submit a competitive bid;
(b) Review bids submitted;
(c) Select the contractor; and
(d) Enter into a written contract with the selected contractor,
subject to contract specifications established by the department.
{ + NOTE: + } Corrects word choice and punctuation in (2).
SECTION 165. ORS 377.795 is amended to read:
377.795. (1) Whenever the Travel Information Council
establishes a telephone reservation system for lodging
accommodations or other travel services at a sign plaza, the
costs thereof shall be apportioned among the subscribing motels,
hotels, trailer parks, campgrounds or providers of other travel
services on a per room or other equitable basis.
(2)(a) Whenever the council establishes a tourist and motorist
information Internet webpage, or cooperates with the Department
of Transportation or another public or private entity to provide
information about travel services through an Internet webpage,
the council may charge a fee for advertisement by, or information
provided on the Internet webpage on behalf of, the providers of
travel services.
(b) The council may not place an advertisement for a provider
of travel services on an Internet webpage identified as a
department webpage. The department may place a link to the
council's Internet webpage on an Internet webpage identified as a
department webpage.
(3) If the council and the Department of Transportation decide
to use the telephone system or the tourist and motorist
information Internet webpage for emergency or other services, an
appropriate portion of the overall telephone and Internet costs
shall be borne by the department.
(4) Receipts shall be deposited monthly, before the 10th day of
the month, to the Travel Information Council account required by
ORS 377.840.
(5) The council may enter into one or more contracts providing
for the promotion and sale of logos, motorist
{ - information - } { + informational + } signs, sign plazas,
subscriptions to the telephone reservation service and
subscriptions to the tourist and motorist information Internet
webpage.
{ + NOTE: + } Corrects word choice in (5).
SECTION 166. ORS 390.134 is amended to read:
390.134. { + (1) As used in this section:
(a) The terms 'camper,' 'manufactured structure,' 'motor home'
and 'travel trailer' have the meanings given those terms in ORS
chapter 801.
(b) 'County' includes a metropolitan service district organized
under ORS chapter 268, but only to the extent that the district
has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental
agreement.
(2) + } The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund.
{ - The following apply to the fund established by subsections
(1) to (6) of this section: - }
{ - (1) - } The fund shall consist of the following:
(a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund shall be credited to the fund.
(b) All registration fees received by the Department of
Transportation for campers, manufactured structures, motor homes
and travel trailers which are transferred to the fund under ORS
366.512. Such funds shall be deposited in a separate subaccount
established under subsection { - (2) - } { + (3) + } of this
section.
(c) Revenue from fees and charges pursuant to ORS 390.124.
{ - (2) - } { + (3) + } Any moneys placed in the fund for a
particular purpose may be placed in a separate subaccount within
the fund. Each separate subaccount established under this
subsection shall be separately accounted for. Moneys placed in a
subaccount shall be used for the purposes for which they are
deposited.
{ - (3) - } { + (4) + } All of the moneys in the fund
except those moneys described in subsection { - (2), (4), (5)
or (6) - } { + (3), (5), (6) or (7) + } of this section shall
be deposited in a separate subaccount within the fund { - under
subsections (1) to (6) of this section - } and shall be used by
the State Parks and Recreation Department for the acquisition,
development, maintenance, care and use of park and recreation
sites. The moneys in the subaccount under this subsection shall
be accounted for separately and shall be stated separately in the
State Parks and Recreation Department's biennial budget.
{ - (4) - } { + (5) + } Thirty percent of the amount
transferred to the State Parks and Recreation Department under
ORS 366.512 from the registration of travel trailers, campers and
motor homes and under ORS 803.601 from recreational vehicle trip
permits shall be deposited in a separate subaccount within the
fund { - under subsections (1) to (6) of this section - } and
is appropriated for the maintenance, care and use of county park
and recreation sites. The moneys in the subaccount under this
subsection shall be accounted for separately. The following apply
to the distribution of moneys under this subsection:
(a) The appropriation shall be distributed among the several
counties for the purposes described in this subsection. The
distribution shall be made at times determined by the State Parks
and Recreation Department but shall be made not less than once a
year.
(b) The sums designated under this subsection shall be remitted
to the county treasurers of the several counties by warrant.
(c) The department shall establish an advisory committee to
advise the department in the performance of its duties under this
subsection. The composition of the advisory committee under this
subsection shall be as determined by the department by rule. In
determining the composition of the advisory committee, the
department shall attempt to provide reasonable representation for
county officials or employees with responsibilities relating to
county parks and recreation sites.
(d) The department, by rule, shall establish a program to
provide moneys to counties for the acquisition, development,
maintenance, care and use of county park and recreation areas.
The rules under this paragraph shall provide for distribution of
moneys based on use and need and, as the department determines
necessary, on the need for the development and maintenance of
facilities to provide camping sites for campers, motor homes and
travel trailers.
{ - (e) As used in subsections (1) to (6) of this section, '
county' shall include a metropolitan service district organized
under ORS chapter 268, but only to the extent that the district
has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental
agreement. - }
{ - (5) - } { + (6) + } The department shall create a
separate City and County Subaccount within the fund to be used to
reimburse cities and counties as provided in ORS 390.290.
{ - (6) - } { + (7) + } The department shall create a
separate rural Fire Protection District Subaccount to be used to
provide funds for the fire protection districts as provided in
ORS 390.290.
{ - (7) - } { + (8) + } On or before January 15 of each
odd-numbered year, the State Parks and Recreation Director shall
report to the Joint Legislative Committee on Ways and Means
created by ORS 171.555 on the use of moneys deposited pursuant to
ORS 805.256 in the { - State Parks and Recreation
Department - } fund. The director shall make the report in a
form and manner as the committee may prescribe.
{ + NOTE: + } Consolidates applicable definitions in (1); see
section 161 (amending 366.512). Deletes inappropriate internal
references and reflects renumbering.
SECTION 167. ORS 390.139 is amended to read:
390.139. (1) The State Parks and Recreation Department shall
administer a program designed to allow volunteers to assist in
the operation and maintenance of Oregon's state parks. The
program shall include public informational activities, but shall
be directed primarily toward encouraging and facilitating
involvement of volunteers in park operation and maintenance,
assigning each volunteer to a specific state park. The program
shall be called the Oregon Adopt-a-Park Program.
(2) Private landowners with parks adjacent to their property
are vital to the success of the Oregon Adopt-a-Park Program. The
State Parks and Recreation Department shall ensure that
participants in the program comply with requirements to obtain
permission from landowners for access across private property if
necessary to perform the volunteers' duties.
(3) Program funding is an authorized use of the State Parks and
Recreation Department Fund under ORS 390.134 { - (1) to (6) - }
.
(4) The State Parks and Recreation Department may adopt any
rules necessary for implementation of the Oregon Adopt-a-Park
Program.
(5) An agreement entered into between the State Parks and
Recreation Department and a volunteer under subsection (1) of
this section shall include but need not be limited to:
(a) Identification of the designated state park. The volunteer
may request a specific state park the volunteer wishes to adopt,
but the assignment shall be at the discretion of the State Parks
and Recreation Department. In assigning parks, the department
shall coordinate and cooperate with affected federal, state and
local management agencies and private landowners.
(b) Specification of the duties of the volunteer.
(c) Specification of the responsibilities of the volunteer.
The volunteer shall agree to abide by all rules related to the
program that are adopted by the State Parks and Recreation
Department.
(d) Specification of the duration of the agreement. The
volunteer shall contract to care for the designated state park
for one year.
(6) The State Parks and Recreation Department shall create a
recognition program to acknowledge the efforts of volunteers,
agencies and businesses that participate in the Oregon
Adopt-a-Park Program.
(7) The State Parks and Recreation Department may provide trash
bags, supplies, equipment and safety information and assistance
to the participating volunteers.
(8) As used in this section, 'volunteer' may include an
individual, a group of individuals, a volunteer group or service
club, or any entity that is tax exempt under section 501(c)(3) of
the Internal Revenue Code, as amended.
{ + NOTE: + } Deletes unnecessary subsection reference in
(3).
SECTION 168. ORS 390.332 is amended to read:
390.332. (1) Except as otherwise provided in subsection (4) of
this section, { - immediately after October 5, 1973, - } the
State Parks and Recreation Department may acquire scenic
easements on any lands situated within 150 feet from the ordinary
low water line on each side of each channel of the Willamette
River and on any lands situated within 150 feet from the ordinary
low water line of each island within the Willamette River. The
department may acquire such easements by any method, including
but not limited to the exercise of the power of eminent domain.
(2) Each scenic easement acquired under subsection (1) of this
section shall:
(a) Be designed to preserve the vegetation along the Willamette
River and the natural and scenic qualities of the lands subject
to such easements and authorize the department, at its own
expense, to engage in natural vegetative landscaping on such
lands to enhance the natural and scenic qualities of such lands.
(b) Require the owner of the lands subject to such easement to
carry on the use of such lands in a manner to preserve the
existing vegetation and natural and scenic qualities of such
lands and require the repair by the department, at its own
expense, of any damage resulting from natural causes to
vegetation on such lands.
(c) Not provide for public access or use of the lands subject
to such easement, if such easement was acquired by the department
through the exercise of the power of eminent domain.
(d) Provide that any subsequent farm use, as defined in ORS
215.203 (2), of the land subject to such easement is compatible
with the purposes of the Willamette River Greenway and that any
restrictions on the use of the land under such easement are
suspended while such land is devoted to such farm use.
(e) Prevent the change in use of the lands subject to such
easements except with the consent of the department and in
accordance with the conditions imposed with such consent. The
consent of the department and the conditions imposed therewith
shall be in accordance with the intent and purposes of the
Willamette River Greenway.
(3) Each scenic easement acquired under this section on lands
that, on the date of the acquisition of such easement, were a
part of a larger tract of land not subject to a scenic easement
under ORS 390.310 to 390.368, shall provide for the right of the
department to acquire fee title to the lands subject to such
easement upon a change in the use of the lands in the remainder
of such tract that is inconsistent with such scenic easement
under ORS 390.310 to 390.368.
(4) The department may not acquire, through the exercise of the
power of eminent domain, scenic easements under subsection (1) of
this section on any lands that on October 5, 1973, { - are - }
{ + were + } devoted to farm use, as defined in ORS 215.203 (2)
or { - are - } { + were + } a portion of a larger tract of
land under single ownership that is devoted to such use. Upon a
change in the use of any such lands from farm use, the department
may acquire scenic easements in such lands as provided in ORS
390.334. Nothing in this subsection is intended to limit the
power of the department to acquire, by any means other than the
exercise of the power of eminent domain, a scenic easement on
lands described in this subsection while such lands are devoted
to such farm use.
{ + NOTE: + } Eliminates outdated language in (1); corrects
grammar in (4).
SECTION 169. ORS 390.971 is amended to read:
390.971. (1) Within the exterior boundaries of areas under its
administration that are included in the right of way selected for
an Oregon recreation trail as provided in ORS 390.950 to 390.989
and 390.995 (2), the State Parks and Recreation Department
may { + do any of the following + }:
(a) Enter into written cooperative agreements with landowners,
federal agencies, other state agencies, local governments,
private organizations and individuals { - , - } in order to
provide for the development, operation, maintenance, location and
relocation of the trail { - ; - } { + . + } Where the trail
crosses commercial forestland, such agreement shall make
reasonable provision for temporary relocation reasonably required
for commercial forest management { - ; and - } { + . + }
(b) Subject to limitations set forth in ORS 390.950 to 390.989
and 390.995 (2), acquire lands or interests in lands by donation,
purchase with donated or appropriated funds or exchange, or with
funds obtained under ORS 390.980.
(2) The department, in the exercise of its exchange authority,
may accept title to any nonstate-owned property within a trail
right of way, and { + , + } in exchange therefor { + , the
department + }
{ - it - } may convey to the grantor of such property any
state-owned property under its jurisdiction { - ( - } or the
jurisdiction of any state agency consenting to such exchange
{ - ) and which it ( - } { + that the department + } or the
applicable consenting state agency { - ) - } classifies as
suitable for exchange or other disposal. The values of the
properties so exchanged either shall be approximately equal
{ - , - } or { + , + } if they are not approximately
equal { + , + } the values shall be equalized by the payment of
cash to the grantor or to the department { - ( - } or
applicable consenting state agency { - ) - } as the
circumstances require.
(3) If lands included in an Oregon recreation trail right of
way are outside the exterior boundaries of state or federally
administered areas, the department shall attempt, and any local
governments involved shall be encouraged, to enter into written
cooperative agreements with landowners, local government, private
organizations { - , - } and individuals in order to develop,
administer { - , - } and maintain the trails { - , - } and to
acquire, develop { - , - } and administer such lands or
interests therein. However { - : - } { + , + }
{ - (a) - } if the department or local governments fail or
are unable to enter into such agreements or to acquire such lands
or interests therein within one year after the selection of the
right of way, the department may acquire private lands or
interests therein by donation, exchange { - , - } or purchase
with donated or appropriated funds { - , - } and may develop
and administer such lands or interests therein.
{ - (b) - } Exchanges shall be governed by the provisions of
subsection (2) of this section.
(4) Oregon recreation trails shall be administered, protected,
developed and maintained by the department, or as provided under
subsection (1)(a) of this section, to retain their natural,
scenic and historic features. Along trails in more remote
areas { + , + } provision may be made for campsites, shelters and
related public-use facilities { - ; and - } { + . + } Other
uses, including reasonable crossings { - ( - } for motor
vehicles, public utilities and water pipes and ditches { - ) - }
, that will not substantially interfere with the nature and
purposes of the trails may be permitted or authorized, as
appropriate. The use of motorized vehicles by the general public
along any such Oregon recreation trail is prohibited. However,
the department shall authorize the use of motorized vehicles
when, in its judgment, such vehicles are necessary to meet
emergencies, trail construction and maintenance needs or to
enable adjacent landowners or land users to have reasonable
access to their lands or timber rights. The fact that private
lands are included in an Oregon recreation trail by cooperative
agreement of a landowner does not preclude the owner of such
lands or agents of the owner from using motorized vehicles on or
across such trails or adjacent lands from time to time in
accordance with such agreement. Except to the extent otherwise
provided by law, the state laws, rules and regulations applicable
to lands or areas included in any Oregon recreation trail shall
continue to apply. Nothing in ORS 390.950 to 390.989 and 390.995
(2) prohibits the use of roads existing on private lands on
September 9, 1971, which may cross or traverse portions of the
trail right of way, nor shall ORS 390.950 to 390.989 and 390.995
(2) prevent trails from crossing such roads.
(5) The department shall endeavor to induce agreements with
appropriate state and federal agencies to provide for youth work
projects to assist in the construction and maintenance of trails
that are part of the Oregon recreation trails system.
(6) The department shall endeavor, when it considers such to be
appropriate, to develop and enhance the educational values and
opportunities of Oregon recreation trails { - ; and - }
{ + . + } In this connection { - it - } { + the
department + } shall cooperate with schools, educators and other
interested persons or groups in developing and utilizing
techniques and materials to demonstrate to and inform the
trail-using public of various scenic and natural features visible
along or from such trails { + , + } { - ( - } including
geological, botanical, historical, zoological and similar
features { - ) - } .
(7) The department shall place and endeavor to maintain signs
at such places as it considers appropriate along Oregon
recreation trails advising users of the Oregon laws of criminal
trespass and encouraging users to protect the trails and the
rights and property of adjacent landowners.
(8) The department, with the concurrence of any federal agency
administering lands through which an Oregon recreation trail
passes, and after consultation with the local governments,
private organizations and landowners { - which - } { +
that + } the department knows or believes to be concerned, and
the advisory council established under ORS 390.977, may adopt
rules that may be revised from time to time governing protection,
management, use, development and administration of an Oregon
recreation trail.
(9) The department, on lands not within a forest protection
district, upon recommendation of the State Forester, shall have
the authority to close trails during periods of high fire danger.
The department shall also have the authority to close trails if
it deems it necessary to protect the safety of the public.
(10) Notwithstanding the provisions of ORS chapter 477,
forestland on which a fire exists that was caused by a person
using, for recreational purposes, a trail established pursuant to
ORS 390.950 to 390.989, shall not be considered an operation area
as defined by ORS 477.001, if the fire did not start within an
operation.
{ + NOTE: + } Reworks section to conform syntax, punctuation
and structure to legislative style.
SECTION 170. { + ORS 390.992 and 390.995 are added to and made
a part of ORS chapter 390. + }
{ + NOTE: + } Adds sections to appropriate chapter.
SECTION 171. ORS 398.132 is amended to read:
398.132. (1) Any commissioned officer of the organized militia
is eligible to serve on all courts-martial for the trial of any
person who may lawfully be brought before such courts for trial.
(2) Any warrant officer of the organized militia is eligible to
serve on general and special courts-martial for the trial of any
person, other than a commissioned officer, who may lawfully be
brought before such courts for trial.
(3)(a) Any enlisted member of the organized militia who is not
a member of the same unit as the accused is eligible to serve on
general and special courts-martial for the trial of any enlisted
member who may lawfully be brought before such courts for trial,
but shall serve as a member of a court only if, before the
conclusion of a session called by the military judge under ORS
398.209, prior to trial or, in the absence of such a session,
before the court is assembled for the trial of the accused, the
accused personally has requested in writing that enlisted members
serve on it. After such a request, the accused may not be tried
by a general or special court-martial the membership of which
does not include enlisted members in a number comprising at least
one-third of the total membership of the court, unless eligible
enlisted members cannot be obtained on account of physical
conditions or military exigencies. If such members cannot be
obtained, the court may be convened and the trial held without
them, but the convening authority shall make a detailed written
statement, to be appended to the record, stating why they could
not be obtained.
(b) As used in this { - section, the word - } { +
subsection, + } 'unit ' means any regularly organized body of the
organized militia not larger than a company, a squadron or a
corresponding body.
(4)(a) When it can be avoided, no person subject to this
chapter shall be tried by a court-martial any member of which is
junior to the person in rank or grade.
(b) When convening a court-martial, the convening authority
shall detail as members thereof such members of the organized
militia as, in the opinion of the convening authority, are best
qualified for the duty by reason of age, education, training,
experience, length of service, and judicial temperament. No
member of the organized militia is eligible to serve as a member
of a general or special court-martial when the member is the
accuser or a witness for the prosecution or has acted as
investigating officer or as counsel in the same case.
(5) Before a court-martial is assembled for the trial of a
case, the convening authority may excuse a member of the court
from participating in the case. The convening authority may
delegate any authority under this subsection to the State Judge
Advocate or designee.
{ + NOTE: + } Corrects word choice in (3)(b).
SECTION 172. ORS 409.140 is amended to read:
409.140. (1) For purposes of the State Personnel Relations Law,
each assistant director appointed under ORS 409.130, and any
other officer specifically designated by law, is considered to be
the appointing authority with respect to officers and employees
under the supervision of the assistant director or other officer,
and ORS 240.400 applies to each such appointing authority.
(2) Notwithstanding subsection (1) of this section, the
Director { + of Human Services + } at any time may assign an
employee from one position to another position in the same class
or rank within the department { - or between its divisions - }
. Upon making such an assignment or transfer, the director
forthwith shall give written notice of the action to the
Administrator of the Personnel Division. ORS 240.400 applies to
the power vested in the director under this subsection.
{ + NOTE: + } Sets forth full title and deletes archaic
reference in (2).
SECTION 173. ORS 409.420 is amended to read:
409.420. In addition to the { + Director of Human Services'
other + } responsibilities { - in ORS 409.410 - } , the
director { - of Human Services - } shall place special
emphasis on all of the following:
(1) Establishing standards for both public and private alcohol
and drug abuse prevention, intervention and treatment programs.
It is the policy of the Legislative Assembly that all programs
providing alcohol and drug abuse related prevention, intervention
and treatment services in this state, with public funds, meet the
standards established under this subsection.
(2) Providing training for state employees dealing directly
with appropriate client groups to insure better recognition and
understanding of alcohol and drug abuse problems. Training is
also to be directed at increasing knowledge of appropriate and
available resources for assisting clients with alcohol and drug
abuse problems.
(3) Conducting continuing long-term evaluation of clients and
other recipients of services from all Department of Human
Services funded programs, for periods of up to 24 months
following completion of service, to assess service effectiveness
and enable appropriate corrective actions.
(4) { - Assuring - } { + Ensuring + } financial audits and
program reviews of alcohol and drug abuse related programs and
services { - which - } { + that + } receive funds, including
beer and wine tax revenues distributed under ORS 430.380 and
471.810, from any state agency.
{ + NOTE: + } Eliminates inappropriate reference in lead-in;
corrects grammar in (4).
SECTION 174. ORS 409.425 is amended to read:
409.425. (1) For purposes of this section, 'inhalant' has the
meaning given that term in ORS 167.808.
(2) The Director of Human Services { - appointed under ORS
409.410 - } shall develop education resources focusing on the
problem of inhalant abuse by minors. The director shall ensure
that special emphasis is placed on the education of parents about
the risks of inhalant use. The director shall develop tools to
help parents talk to their children about the extraordinary risks
associated with even a single use of inhalants, as well as those
risks that arise from repeated use.
(3) The director shall develop education resources focusing on
merchants that sell products that contain inhalants. The director
shall encourage merchants that sell products containing inhalants
to post signs that inform the public that using inhalants for the
purpose of intoxication is illegal and potentially deadly.
(4) The director shall develop and print a standard sign for
the purposes of subsection (3) of this section, and shall make
the sign available to merchants that elect to display the sign.
The sign shall:
(a) Contain the message, 'Illegal to inhale fumes for purpose
of intoxication. Fumes may cause serious injury or death! '
(b) Be at least five by seven inches in size with lettering
that is at least three-eighths of an inch in height.
(c) Contain a graphic depiction of the message to convey the
message to a person who cannot read the message. If the depiction
includes a picture of a person, the depiction of the person shall
be of a minor and shall not reflect any specific race or culture.
(5) The sign developed under subsection (4) of this section
shall be in English and in such other languages as may be
commonly used in this state. Merchants shall be encouraged to
post signs in languages other than English if English is not the
primary language of a significant number of the patrons of the
business.
{ + NOTE: + } Deletes inaccurate reference in (2).
SECTION 175. ORS 409.520 is amended to read:
409.520. (1) The Pain Management Commission shall consist of 19
members as follows:
(a) Seventeen members shall be appointed by the Director of
Human Services. Prior to making appointments, the director shall
request and consider recommendations from individuals and public
and private agencies and organizations with experience or a
demonstrated interest in pain management issues, including but
not limited to:
(A) Physicians licensed under ORS chapter 677 or organizations
representing physicians;
(B) Nurses licensed under ORS chapter 678 or organizations
representing nurses;
(C) Psychologists licensed under ORS 675.010 to 675.150 or
organizations representing psychologists;
(D) Physician assistants licensed under ORS 677.495 to 677.545
or organizations representing physician assistants;
(E) Chiropractic physicians licensed under ORS chapter 684 or
organizations representing chiropractic physicians;
(F) Naturopaths licensed under ORS chapter 685 or organizations
representing naturopaths;
(G) Clinical social workers licensed under ORS { - chapter
675 - } { + 675.510 to 675.600 + } or organizations
representing clinical social workers;
(H) Palliative care professionals or organizations representing
palliative care professionals;
(I) Mental health professionals or organizations representing
mental health professionals;
(J) Health care consumers or organizations representing health
care consumers;
(K) Hospitals and health plans or organizations representing
hospitals and health plans;
(L) Patients or advocacy groups representing patients; and
(M) Members of the public.
(b) Two members shall be members of a legislative committee
with jurisdiction over human services issues, one appointed by
the President of the Senate and one appointed by the Speaker of
the House of Representatives. Both members shall be nonvoting, ex
officio members of the commission.
(2) The term of office of each member is four years, but a
member serves at the pleasure of the appointing authority. Before
the expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term.
{ + NOTE: + } Corrects series reference in (1)(a)(G).
SECTION 176. ORS 409.710 is amended to read:
409.710. (1) The Department of Human Services { - shall - }
{ + may + } not refer any individual on a job referral that
would aid in the filling of a job opening that exists because of
a labor dispute { - , as defined in ORS 662.010 - } .
(2) { - (a) - } Notwithstanding any other provision of law,
neither the department nor any other state agency may require as
a condition of eligibility to receive benefits or services
provided by { - that - } { + the + } department or agency
that an individual apply for or accept employment at any
workplace where there is a labor dispute in progress.
{ - (b) - } { + (3) + } As used in this
{ - subsection - } { + section + }, 'labor dispute' has the
meaning { - for - } { + given + } that term
{ - provided - } in ORS 662.010.
{ + NOTE: + } Deletes redundant definition in (1); conforms
syntax to legislative style.
SECTION 177. ORS 410.600 is amended to read:
410.600. As used in ORS 410.600 to 410.614:
(1) 'Activities of daily living' includes but is not limited to
the following:
(a) Bathing and personal hygiene;
(b) Dressing and grooming;
(c) Eating;
(d) Mobility;
(e) Bowel and bladder management; and
(f) Cognition.
(2) 'Area agency' has the meaning given that term in ORS
410.040.
(3) 'Commission' means the Home Care Commission established and
operated pursuant to { - the Constitution of the State of
Oregon - } { + section 11, Article XV of the Oregon
Constitution, + } and ORS 410.600 to 410.614.
(4) 'Disabled person' has the meaning given that term in ORS
410.040.
(5) 'Elderly' has the meaning given that term in ORS 410.040.
(6) 'Home care services' means assistance with activities of
daily living and self-management provided by a home care worker
in the home of an elderly or disabled person.
(7) 'Home care worker' means a person:
(a) Who is hired directly by an elderly person or disabled
person { - that - } { + who + } receives moneys from the
Department { + of Human Services + } for that purpose;
(b) Whose compensation is paid in whole or in part by the
department { - of Human Services - } , an area agency or other
public agency that receives moneys from the department for that
purpose; and
(c) Who provides either hourly or live-in home care services.
(8) 'Self-management' includes but is not limited to the
following activities, other than activities of daily living,
required by an individual to continue living independently in the
individual's own home:
(a) Medication and oxygen management;
(b) Transportation;
(c) Meal preparation;
(d) Shopping; and
(e) Client focused general household work.
{ + NOTE: + } Refines citation in (3); sets out first
reference and adjusts syntax in (7).
SECTION 178. ORS 411.060 is amended to read:
411.060. Subject to ORS 417.300 and 417.305, the Department of
Human Services { - through the Adult and Family Services
Division - } shall administer and supervise all public assistance
programs and adopt and enforce such rules as are necessary to
{ - assure - } { + ensure + } full compliance with the terms
of federal and state laws.
{ + NOTE: + } Reflects statutory name change and corrects
word choice.
SECTION 179. ORS 411.240 is amended to read:
411.240. (1) There hereby is established in the General Fund of
the State Treasury an account to be known as the Public Welfare
Account. All moneys in the Public Welfare Account hereby are
appropriated for and shall be used by the { - Adult and Family
Services Division - } { + Department of Human Services + } for
the respective purposes authorized by law. The moneys in the
Public Welfare Account and all appropriations { - for the Adult
and Family Services Division - } { + from the account + } shall
be subject to allotment made by the Oregon Department of
Administrative Services.
(2) The { - Adult and Family Services Division - } { +
Department of Human Services + } shall keep a record of all
moneys credited to and deposited in the Public Welfare Account.
The record shall indicate by separate cumulative accounts the
source from which the moneys are derived and the individual
activity or program against which each withdrawal is charged.
(3) The unobligated balance in the Public Welfare Account on
June 30 of each odd-numbered year shall be determined by the
{ - Adult and Family Services Division - } { + Department of
Human Services + } as of September 30 following the close of each
biennium and certified to the { + Oregon + } Department { + of
Administrative Services + }. The amount certified pursuant to
this subsection shall revert to the General Fund and become
available for general governmental purposes.
{ + NOTE: + } Reflects statutory name change.
SECTION 180. ORS 411.245 is amended to read:
411.245. The revolving fund in the amount of $50,000
established by warrant drawn on the State Treasurer by the Oregon
Department of Administrative Services payable out of the Public
Welfare Account in favor of the { - Adult and Family Services
Division - } { + Department of Human Services + } is continued.
The revolving fund shall be used by the { - Adult and Family
Services Division - } { + Department of Human Services + } for
the purpose of providing funds to pay current salaries and
expenses, emergency public assistance advances and other expenses
when it is necessary to make immediate cash payments. The
revolving fund shall be deposited with the State Treasurer. For
the purpose of providing working cash balances for emergency
public assistance advances and other expenses when it is
necessary to make immediate cash payments, the
{ - Adult and Family Services Division - } { + Department of
Human Services + } may withdraw from the State Treasury portions
of the fund to be used by designated custodians for the purposes
authorized by this section. The designated custodians may hold
the funds or may deposit the funds in any bank authorized as a
depository of state funds, or may hold part and deposit the
remainder. The revolving fund shall be reimbursed by warrants
drawn by the { + Oregon + } Department { + of Administrative
Services + } upon the verified claims of the { - Adult and
Family Services Division - } { + Department of Human
Services + } and warrants payable out of the Public Welfare
Account.
{ + NOTE: + } Reflects statutory name change.
SECTION 181. ORS 411.575 is amended to read:
411.575. (1) In addition to other funds made available for
education and training of public assistance recipients, the
Department of Human Services may accept gifts and grants from
private sources for the purpose of providing the scholarships or
grants authorized under ORS 411.580.
(2) The moneys received under subsection (1) of this section
shall be deposited in a special account, separate and distinct
from the General Fund, to be named the { - State Office for
Services to Children and Families - } { + Department of Human
Services + } Scholarship Account, which account is established.
All moneys in the account and all earnings thereon are
continuously appropriated to the Department of Human Services to
be used together with any federal funds that may be available to
provide scholarships or grants under ORS 411.580.
(3) The amount in the { - State Office for Services to
Children and Families - } { + Department of Human Services + }
Scholarship Account that is available after scholarships and
grants under ORS 411.580 have been awarded for any period shall
be reported to the Oregon Investment Council by the Department of
Human Services and shall be considered investment funds within
the meaning of ORS 293.701 to 293.820 and shall be invested in
accordance with the standards of ORS 293.726. All earnings on
such investments shall be credited to the { - State Office for
Services to Children and Families - } { + Department of Human
Services + } Scholarship Account.
{ + NOTE: + } Conforms title of account to statutory naming
scheme in (2) and (3).
SECTION 182. ORS 411.580 is amended to read:
411.580. (1) In addition to any other scholarships or grants
provided by law and subject to the availability of funds in the
{ - State Office for Services to Children and Families - }
{ + Department of Human Services + } Scholarship Account, the
Department of Human Services may award tuition and fee-exempting
scholarships or grants and additional funds for purchase of
required books and supplies from other funds, whether from public
or private sources, made available for training of recipients
toward self-support to those qualified to receive welfare
assistance, for enrollment at any publicly supported educational,
vocational or training institution in this state.
(2) Selection of scholarship or grant recipients shall be made
by county public welfare board created by ORS 411.145, with the
advice and assistance of all publicly supported educational,
vocational or training institutions.
(3) Scholarships or grants shall be awarded on the basis of the
recipient's apparent ability and willingness to profit from the
education or the vocational, technical, or other courses
available, to the end that scholarships or grants awarded will
benefit both the student and the people of this state.
(4) In order to facilitate the most effective use of funds
granted under this section, the Department of Human Services may
apply funds available under this section to supportive services,
including but not limited to transportation and child care, for
scholarship or grant recipients whenever the availability of such
services has been eliminated by the exhaustion of funds in the
department's job related training program.
{ + NOTE: + } Conforms title of account to statutory naming
scheme in (1).
SECTION 183. ORS 412.710 is amended to read:
412.710. (1) The Disabilities Trust Fund is established,
separate and distinct from the General Fund, in the State
Treasury. The purpose of the Disabilities Trust Fund is to
provide supplemental services to meet the needs of low income and
indigent individuals with disabilities.
(2) The State Treasurer shall be custodian of the Disabilities
Trust Fund and the Oregon Department of Administrative Services,
subject to appropriations, shall direct payments for the benefit
of low income and indigent people with disabilities or recipients
of services from the Department of Human Services, or both, from
the trust fund as recommended by the Director of Human Services.
(3) The Director of Human Services may accept for deposit in
the Disabilities Trust Fund:
(a) Moneys left to the Disabilities Trust Fund by donors of a
self-sufficiency trust described in ORS 412.700 (8) at the death
of the disabled beneficiary; and
(b) Bequests and contributions from private donors,
corporations or foundations.
(4) The State Treasurer shall credit interest on the
Disabilities Trust Fund to the fund.
(5) Moneys in the Disabilities Trust Fund shall be expended
only to provide supplemental services to meet the need for care,
support or treatment for low income or indigent individuals with
developmental disabilities, mental illness or physical
disabilities or who are otherwise eligible to receive services or
benefits because of disability.
(6) The receipt by a beneficiary of supplementary care, support
or treatment provided with money from the Disabilities Trust Fund
shall not in any way reduce, impair or diminish the benefits to
which the beneficiary is otherwise entitled by law. No interest
in the principal or income of this trust shall be anticipated,
assigned or encumbered, or shall be subject to any creditor's
claim or to legal process, prior to its actual receipt by the
beneficiary. Furthermore, because of the special needs of the
beneficiary, no part of the corpus thereof, nor principal nor
undistributed income shall be subject to the claims of voluntary
or involuntary creditors for the provision of care and services,
including residential care, by any public entity, office,
department or agency of the State of Oregon or of any other
state, or of the United States or any other governmental agency.
(7) The Director of Human Services shall serve as the official
who implements the provision of care, support or treatment for
the beneficiary from moneys available from the Disabilities Trust
Fund. The director shall adopt rules necessary for the
administration and implementation of this section.
(8) The care, support or treatment provided under ORS 412.700
and this section must conform to the waiver requirements of the
federal { - Health Care Financing Administration - } { +
Centers for Medicare and Medicaid Services + }.
(9) Upon the death of a named beneficiary of a self-sufficiency
trust established under ORS 412.700 (8), the balance of any money
deposited to the account of the beneficiary in the
Self-Sufficiency Trust Fund shall be transferred to the
Disabilities Trust Fund for the purposes described in subsection
(1) of this section unless the agreement entered into between the
Director of Human Services and the self-sufficiency trust under
ORS 412.700 (3) provides otherwise. The Director of Human
Services shall enter into no agreement under ORS 412.700 (3)
unless the agreement provides that at least 50 percent of any
moneys credited to the account of the named beneficiary at the
time of the beneficiary's death be transferred from the
Self-Sufficiency Trust Fund to the Disabilities Trust Fund upon
the death of the beneficiary.
{ + NOTE: + } Corrects name of agency in (8).
SECTION 184. ORS 413.005 is amended to read:
413.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Applicant' means a person who has applied for old-age
assistance or for whose benefit an application for such
assistance has been made by another.
{ - (2) 'Recipient' means a person who has received old-age
assistance. - }
{ - (3) - } { + (2) + } 'Income' means net income in cash
or kind available to the applicant or recipient the receipt of
which is regular and predictable enough to afford security in the
sense that the applicant or recipient may rely upon it to
contribute toward meeting the needs of the applicant or
recipient.
{ + (3) 'Needy person' means a person who has attained the
age of 65 years and who does not have income and resources
sufficient to provide the person with food, clothing, shelter and
such other essential needs as are necessary to afford a
reasonable sustenance necessary to maintain life and compatible
with decency and health. However, if the United States
Government provides for a contribution to state old-age
assistance payable to persons of an age less than 65 years, such
lower age shall become the qualifying age of persons entitled to
receive old-age assistance. The minimum amount of such income and
resources considered sufficient is fixed at $50 per month.
(4) 'Recipient' means a person who has received old-age
assistance. + }
{ - (4) - } { + (5) + } 'Resources' means any asset which
may be applied toward meeting the needs of the applicant or
recipient, including real and personal property holdings
contributing to the maintenance of the applicant or recipient or
representing investments or savings which may be drawn upon for
maintenance purposes.
{ - (5) 'Needy person' means a person who has attained the
age of 65 years and who does not have income and resources
sufficient to provide the person with food, clothing, shelter and
such other essential needs as are necessary to afford a
reasonable sustenance necessary to maintain life and compatible
with decency and health; provided, that if the United States
Government provides for a contribution to state old-age
assistance payable to persons of an age less than 65 years, such
lower age shall become the qualifying age of persons entitled to
receive old-age assistance. The minimum amount of such income and
resources considered sufficient is fixed at $50 per month. - }
{ + NOTE: + } Alphabetizes definitions; corrects punctuation
in new (3).
SECTION 185. ORS 413.070 is amended to read:
413.070. The { - division - } { + Department of Human
Services + } shall keep such records and accounts in relation to
old-age assistance as the { - division - } { + department + }
considers necessary.
{ + NOTE: + } Reflects statutory name change.
SECTION 186. ORS 413.140 is amended to read:
413.140. Any recipient may move from one county in the state to
another or to another state and on such removal is entitled to
continue to receive old-age assistance in accordance with the
rules and regulations of the { - division - } { + Department
of Human Services + }.
{ + NOTE: + } Reflects statutory name change.
SECTION 187. ORS 413.240 is amended to read:
413.240. The { - division - } { + Department of Human
Services + } shall promulgate and enforce rules and regulations
for the provision and administration of old-age assistance as may
be necessary to render this state eligible for the receipt of
federal grants-in-aid of old-age assistance under the federal
Social Security Act.
{ + NOTE: + } Reflects statutory name change.
SECTION 188. ORS 414.025 is amended to read:
414.025. As used in this chapter, unless the context or a
specially applicable statutory definition requires otherwise:
(1) 'Category of aid' means old-age assistance, aid to the
blind, aid to the disabled, temporary assistance for needy
families or Supplemental Security Income payment of the federal
government.
(2) 'Categorically needy' means, insofar as funds are available
for the category, a person who is a resident of this state and
who:
(a) Is receiving a category of aid.
(b) Would be eligible for, but is not receiving a category of
aid.
(c) Is in a medical facility and, if the person left such
facility, would be eligible for a category of aid.
(d) Is under the age of 21 years and would be a dependent child
under the program for temporary assistance for needy families
except for age and regular attendance in school or in a course of
professional or technical training.
(e) { + (A) + } Is a caretaker relative named in ORS 418.035
{ - (1)(a)(C) - } { + (2)(a)(C) + } who cares for a dependent
child who would be a dependent child under the program for
temporary assistance for needy families except for age and
regular attendance in school or in a course of professional or
technical training; or
{ + (B) + } Is the spouse of such caretaker relative and
fulfills the requirements of ORS 418.035 { - (2) - } { +
(1) + }.
(f) Is under the age of 21 years, is in a foster family home or
licensed child-caring agency or institution under a purchase of
care agreement and is one for whom a public agency of this state
is assuming financial responsibility, in whole or in part.
(g) Is a spouse of an individual receiving a category of aid
and who is living with the recipient of a category of aid, whose
needs and income are taken into account in determining the cash
needs of the recipient of a category of aid, and who is
determined by the Department of Human Services to be essential to
the well-being of the recipient of a category of aid.
(h) Is a caretaker relative named in ORS 418.035
{ - (1)(a)(C) - } { + (2)(a)(C) + } who cares for a dependent
child receiving temporary assistance for needy families or is the
spouse of such caretaker relative and fulfills the requirements
of ORS 418.035 { - (2) - } { + (1) + }.
(i) Is under the age of 21 years, is in a youth care center and
is one for whom a public agency of this state is assuming
financial responsibility, in whole or in part.
(j) Is under the age of 21 years and is in an intermediate care
facility which includes institutions for the mentally retarded;
or is under the age of 22 years and is in a psychiatric hospital.
(k) Is under the age of 21 years and is in an independent
living situation with all or part of the maintenance cost paid by
the Department of Human Services.
(L) Is a member of a family that received temporary assistance
for needy families in at least three of the six months
immediately preceding the month in which such family became
ineligible for such assistance because of increased hours of or
increased income from employment. As long as the member of the
family is employed, such families will continue to be eligible
for medical assistance for a period of at least six calendar
months beginning with the month in which such family became
ineligible for assistance because of increased hours of
employment or increased earnings.
(m) Is an adopted person under 21 years of age for whom a
public agency is assuming financial responsibility in whole or in
part.
(n) Is an individual or is a member of a group who is required
by federal law to be included in the state's medical assistance
program in order for that program to qualify for federal funds.
(o) Is an individual or member of a group who, subject to the
rules of the department and within available funds, may
optionally be included in the state's medical assistance program
under federal law and regulations concerning the availability of
federal funds for the expenses of that individual or group.
(p) Is a pregnant woman who would be eligible for temporary
assistance for needy families including such aid based on the
unemployment of a parent, whether or not the woman is eligible
for cash assistance.
(q) Would be eligible for temporary assistance for needy
families pursuant to 42 U.S.C. 607 based upon the unemployment of
a parent, whether or not the state provides cash assistance.
(r) Except as otherwise provided in this section and to the
extent of available funds, is a pregnant woman or child for whom
federal financial participation is available under Title XIX of
the federal Social Security Act.
(s) Is not otherwise categorically needy and is not eligible
for care under Title XVIII of the federal Social Security Act or
is not a full-time student in a post-secondary education program
as defined by the Department of Human Services by rule, but whose
family income is less than the federal poverty level and whose
family investments and savings equal less than the investments
and savings limit established by the department by rule.
(3) 'Income' means income as defined in ORS 413.005
{ - (3) - } { + (2) + }.
(4) 'Investments and savings' means cash, securities as defined
in ORS 59.015, negotiable instruments as defined in ORS 73.0104
and such similar investments or savings as the Department of
Human Services may establish by rule that are available to the
applicant or recipient to contribute toward meeting the needs of
the applicant or recipient.
(5) 'Medical assistance' means so much of the following medical
and remedial care and services as may be prescribed by the
Department of Human Services according to the standards
established pursuant to ORS 414.065, including payments made for
services provided under an insurance or other contractual
arrangement and money paid directly to the recipient for the
purchase of medical care:
(a) Inpatient hospital services, other than services in an
institution for mental diseases;
(b) Outpatient hospital services;
(c) Other laboratory and X-ray services;
(d) Skilled nursing facility services, other than services in
an institution for mental diseases;
(e) Physicians' services, whether furnished in the office, the
patient's home, a hospital, a skilled nursing facility or
elsewhere;
(f) Medical care, or any other type of remedial care recognized
under state law, furnished by licensed practitioners within the
scope of their practice as defined by state law;
(g) Home health care services;
(h) Private duty nursing services;
(i) Clinic services;
(j) Dental services;
(k) Physical therapy and related services;
(L) Prescribed drugs, including those dispensed and
administered as provided under ORS chapter 689;
(m) Dentures and prosthetic devices; and eyeglasses prescribed
by a physician skilled in diseases of the eye or by an
optometrist, whichever the individual may select;
(n) Other diagnostic, screening, preventive and rehabilitative
services;
(o) Inpatient hospital services, skilled nursing facility
services and intermediate care facility services for individuals
65 years of age or over in an institution for mental diseases;
(p) Any other medical care, and any other type of remedial care
recognized under state law;
(q) Periodic screening and diagnosis of individuals under the
age of 21 years to ascertain their physical or mental defects,
and such health care, treatment and other measures to correct or
ameliorate defects and chronic conditions discovered thereby;
(r) Inpatient hospital services for individuals under 22 years
of age in an institution for mental diseases; and
(s) Hospice services.
(6) 'Medical assistance' includes any care or services for any
individual who is a patient in a medical institution or any care
or services for any individual who has attained 65 years of age
or is under 22 years of age, and who is a patient in a private or
public institution for mental diseases. 'Medical assistance '
includes 'health services' as defined in ORS 414.705. 'Medical
assistance' does not include care or services for an inmate in a
nonmedical public institution.
(7) 'Medically needy' means a person who is a resident of this
state and who is considered eligible under federal law for
medically needy assistance.
(8) 'Resources' means resources as defined in ORS 413.005
{ - (4) - } { + (5) + }. For eligibility purposes,
'resources' shall not include charitable contributions raised by
a community to assist with medical expenses.
{ + NOTE: + } Adjusts citations for renumbering in (2)(e) and
(h); see section 211 (amending 418.035). Reformats (2)(e).
Adjusts citations for renumbering in (3) and (8); see section 184
(amending 413.005).
SECTION 189. ORS 414.047 is amended to read:
414.047. (1) Application for any category of aid shall also
constitute application for medical assistance.
(2) Except as otherwise provided in this section, each person
requesting medical assistance shall make application therefor to
the Department { + of Human Services + }. The department shall
determine eligibility for and fix the date on which such
assistance may begin, and shall obtain such other information
required by the rules of the department.
(3) If an applicant is unable to make application for medical
assistance, an application may be made by someone acting
responsibly for the applicant.
{ + NOTE: + } Sets out full title in (2).
SECTION 190. ORS 414.325 is amended to read:
414.325. (1) As used in this section, 'legend drug' means any
drug requiring a prescription by a practitioner, as defined in
ORS 689.005.
(2) A licensed practitioner may prescribe such drugs under this
chapter as the practitioner in the exercise of professional
judgment considers appropriate for the diagnosis or treatment of
the patient in the practitioner's care and within the scope of
practice. Prescriptions shall be dispensed in the generic form
pursuant to ORS 689.515 { - , 689.854 and 689.857 - } and
pursuant to rules of the Department of Human Services unless the
practitioner prescribes otherwise and an exception is granted by
the department.
(3) The department shall pay only for drugs in the generic form
if the federal Food and Drug Administration has approved a
generic version of a particular brand name drug that is
chemically identical to the brand name drug according to federal
Food and Drug Administration rating standards, unless an
exception has been granted by the department.
(4) An exception must be applied for and granted before the
department is required to pay for minor tranquilizers and
amphetamines and amphetamine derivatives, as defined by rule of
the department.
(5) Notwithstanding subsections (1) to (4) of this section, the
department is authorized to:
(a) Withhold payment for a legend drug when federal financial
participation is not available; and
(b) Require prior authorization of payment for drugs that the
department has determined should be limited to those conditions
generally recognized as appropriate by the medical profession.
(6) Notwithstanding subsection (3) of this section, the
department may not limit legend drugs when used as approved by
the federal Food and Drug Administration to treat mental illness,
HIV and AIDS, and cancer.
{ + NOTE: + } Deletes references to repealed section
(689.857) and inappropriate penalty section (689.854) in (2).
SECTION 191. ORS 414.325, as amended by section 6, chapter 897,
Oregon Laws 2001, is amended to read:
414.325. (1) As used in this section, 'legend drug' means any
drug requiring a prescription by a practitioner, as defined in
ORS 689.005.
(2) A licensed practitioner may prescribe such drugs under this
chapter as the practitioner in the exercise of professional
judgment considers appropriate for the diagnosis or treatment of
the patient in the practitioner's care and within the scope of
practice. Prescriptions shall be dispensed in the generic form
pursuant to ORS 689.515 { - , 689.854 and 689.857 - } and
pursuant to rules of the Department of Human Services unless the
practitioner prescribes otherwise and an exception is granted by
the department.
(3) Except as provided in subsections (4) and (5) of this
section, the department shall place no limit on the type of
legend drug that may be prescribed by a practitioner, but the
department shall pay only for drugs in the generic form unless an
exception has been granted by the department.
(4) Notwithstanding subsection (3) of this section, an
exception must be applied for and granted before the department
is required to pay for minor tranquilizers and amphetamines and
amphetamine derivatives, as defined by rule of the department.
(5)(a) Notwithstanding subsections (1) to (4) of this section
and except as provided in paragraph (b) of this subsection, the
department is authorized to:
(A) Withhold payment for a legend drug when federal financial
participation is not available; and
(B) Require prior authorization of payment for drugs that the
department has determined should be limited to those conditions
generally recognized as appropriate by the medical profession.
(b) The department may not require prior authorization for
therapeutic classes of nonsedating antihistamines and nasal
inhalers, as defined by rule by the department, when prescribed
by an allergist for treatment of any of the following conditions,
as described by the Health Services Commission on the funded
portion of its prioritized list of services:
(A) Asthma;
(B) Sinusitis;
(C) Rhinitis; or
(D) Allergies.
{ + NOTE: + } Deletes references to repealed section
(689.857) and inappropriate penalty section (689.854) in (2).
SECTION 192. ORS 414.327 is amended to read:
414.327. (1) The Department of Human Services shall seek a
waiver from the federal { - Health Care Financing
Administration - } { + Centers for Medicare and Medicaid
Services + } to allow the { - Office of Medical Assistance
Programs - } { + department + } to communicate prescription
drug orders by electronic means from a practitioner authorized to
prescribe drugs directly to the dispensing pharmacist.
(2) The Department of Human Services { - and the Office of
Medical Assistance Programs - } shall adopt rules permitting the
{ - Office of Medical Assistance Programs - } { +
department + } to communicate prescription drug orders by
electronic means from a practitioner authorized to prescribe
drugs directly to the dispensing pharmacist.
{ + NOTE: + } Corrects title of agency in (1). Reflects
statutory agency naming scheme.
SECTION 193. ORS 414.712 is amended to read:
414.712. { - Within six months after obtaining the necessary
federal waivers or January 1, 1995, whichever is later, - } The
Department of Human Services shall provide medical assistance
under ORS 414.705 to 414.750 to eligible persons who are aged and
described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412 and to children described in ORS
414.025 (2)(f), (i), (j), (k) and (m), 418.001 to 418.034,
418.187 to 418.970 and 657A.020 to 657A.460 and those mental
health and chemical dependency services recommended according to
standards of medical assistance set pursuant to chapter 836,
Oregon Laws 1989, and according to the schedule of implementation
established by the Legislative Assembly. In providing medical
assistance services described in ORS 414.018 to 414.024, 414.042,
414.107, 414.710, 414.720 and 735.712, the Department of Human
Services shall also provide the following:
(1) Ombudsman services for eligible persons who are aged and
described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412. An ombudsman shall serve as a
patient's advocate whenever the patient or a physician or other
medical personnel serving the patient is reasonably concerned
about access to, quality of or limitations on the care being
provided by a health care provider. Patients shall be informed of
the availability of an ombudsman.
(2) Case management services in each health care provider
organization for those eligible persons who are aged and
described in ORS chapter 413 or who are blind or disabled and
described in ORS chapter 412. Case managers shall be trained in
and shall exhibit skills in communication with and sensitivity to
the unique health care needs of people who are elderly and those
with disabilities. Case managers shall be reasonably available to
assist patients served by the organization with the coordination
of the patient's health care services at the reasonable request
of the patient or a physician or other medical personnel serving
the patient. Patients shall be informed of the availability of
case managers.
(3) A mechanism, established by rule, for soliciting consumer
opinions and concerns regarding accessibility to and quality of
the services of each health care provider.
(4) A choice of available medical plans and, within those
plans, choice of a primary care provider.
(5) Due process procedures for any individual whose request for
medical assistance coverage for any treatment or service is
denied or is not acted upon with reasonable promptness. These
procedures shall include an expedited process for cases in which
a patient's medical needs require swift resolution of a dispute.
{ + NOTE: + } Eliminates obsolete provision in lead-in.
SECTION 194. ORS 414.725 is amended to read:
414.725. { - Upon meeting the requirements of section 9,
chapter 836, Oregon Laws 1989: - }
(1) Pursuant to rules adopted by the Department of Human
Services, the department shall execute prepaid managed care
health services contracts for { - the - } health services
{ - funded pursuant to section 9, chapter 836, Oregon Laws
1989 - } . The contract must require that all services are
provided to the extent and scope of the Health Services
Commission's report for each service provided under the contract.
Such contracts are not subject to ORS 279.011 to 279.063. It is
the intent of ORS 414.705 to 414.750 that the state move toward
utilizing full service managed care health service providers for
providing health services under ORS 414.705 to 414.750. The
department shall solicit qualified providers or plans to be
reimbursed at rates which cover the costs of providing the
covered services. Such contracts may be with hospitals and
medical organizations, health maintenance organizations, managed
health care plans and any other qualified public or private
entities. The department shall not discriminate against any
contractors which offer services within their providers' lawful
scopes of practice.
(2) In the event that there is an insufficient number of
qualified entities to provide for prepaid managed health services
contracts in certain areas of the state, the department may
institute a fee-for-service case management system where possible
or may continue a fee-for-service payment system for those areas
that pay for the same services provided under the health services
contracts for persons eligible for health services under ORS
414.705 to 414.750. In addition, the department may make other
special arrangements as necessary to increase the interest of
providers in participation in the state's managed care system,
including but not limited to the provision of stop-loss insurance
for providers wishing to limit the amount of risk they wish to
underwrite.
(3) As provided in subsections (1) and (2) of this section, the
aggregate expenditures by the department for health services
provided pursuant to ORS 414.705 to 414.750 shall not exceed the
total dollars appropriated for health services under ORS 414.705
to 414.750.
(4) Actions taken by providers, potential providers,
contractors and bidders in specific accordance with ORS 414.705
to 414.750 in forming consortiums or in otherwise entering into
contracts to provide health care services shall be performed
pursuant to state supervision and shall be considered to be
conducted at the direction of this state, shall be considered to
be lawful trade practices and shall not be considered to be the
transaction of insurance for purposes of the Insurance Code.
(5) Health care providers contracting to provide services under
ORS 414.705 to 414.750 shall advise a patient of any service,
treatment or test that is medically necessary but not covered
under the contract if an ordinarily careful practitioner in the
same or similar community would do so under the same or similar
circumstances.
{ + NOTE: + } Deletes obsolete lead-in and unnecessary
session law reference in (1).
SECTION 195. ORS 414.735 is amended to read:
414.735. (1) If insufficient resources are available during a
contract period:
(a) The population of eligible persons determined by law shall
not be reduced.
(b) The reimbursement rate for providers and plans established
under the contractual agreement shall not be reduced.
(2) In the circumstances described in subsection (1) of this
section, reimbursement shall be adjusted by reducing the health
services for the eligible population by eliminating services in
the order of priority recommended by the Health Services
Commission, starting with the least important and progressing
toward the most important.
(3) The { - division - } { + Department of Human
Services + } shall obtain the approval of the Legislative
Assembly or Emergency Board, if the Legislative Assembly is not
in session, before instituting the reductions. In addition,
providers contracting to provide health services under ORS
414.705 to 414.750 must be notified at least two weeks prior to
any legislative consideration of such reductions. Any reductions
made under this section shall take effect no sooner than 60 days
following final legislative action approving the reductions.
{ + NOTE: + } Reflects statutory agency naming scheme in (3).
SECTION 196. ORS 414.821 is amended to read:
414.821. { - Preamble. - } It is the primary goal of ORS
414.821 to 414.839 to increase access by Oregon's low-income,
uninsured children and families to affordable health care
coverage.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 197. ORS 414.823 is amended to read:
414.823. { - Findings. - } The Legislative Assembly finds
that:
(1) The Oregon Health Plan has provided access to health care
services to over one million Oregonians who would otherwise not
have been able to afford health care services.
(2) The Oregon Health Plan has improved health outcomes by
expanding access to timely preventive services and primary health
care services.
(3) In spite of the Oregon Health Plan's important
achievements, thousands of Oregonians still do not have health
insurance coverage, often seeking health care services through
the emergency department late in the course of their illness when
costs are higher and outcomes are less favorable.
(4) The costs incurred by the health care delivery system by
providing health care services through emergency departments are
shifted to patients with health insurance coverage, driving up
the costs of health care services and health insurance for all
Oregonians.
(5) The lack of flexibility in current federal Medicaid policy
forces the state into 'one-size-fits-all' benefit packages and
'all-or-nothing' coverage decisions, preventing the state from
using federal resources to develop a system of subsidies for
public and private insurance coverage based on the relative
medical need and financial vulnerability of those being served.
(6) The lack of adequate reimbursement rates creates unwanted
cost-shifting and barriers to health care providers at all levels
in providing health care services to enrollees of the Oregon
Health Plan.
(7) The current trends in increases in health care costs create
concern for:
(a) The future sustainability of the Oregon Health Plan and the
private insurance market;
(b) The State of Oregon in administering benefit plans for its
employees;
(c) Individuals unable to pay for all or part of the costs of
their health care;
(d) Employers providing health care coverage for their workers
and their dependents;
(e) Health care providers providing services; and
(f) Insurers and other organizations providing health care
coverage.
(8) Complex factors affect the balance between public and
private health care programs and need to be better understood in
order to establish policies that result in necessary access to
health care. These factors include, but are not limited to:
(a) Whether the current structure of Medicare, Medicaid and the
private insurance market is cost-sustainable;
(b) The reasons behind general health care cost trends;
(c) Appropriate reimbursement methods that reduce cost-shifting
and optimize access to providers and plan choices;
(d) Whether public programs for low-income Oregonians that
ensure adequate coverage are cost-effective and provide a
realistic transition to private coverage; and
(e) Whether private coverage that is affordable offers
sufficient benefit choices and is based on a market-based system.
(9) Employer-sponsored health coverage:
(a) Provides coverage for a majority of all Oregonians; and
(b) Must be supported by public policies that remove barriers
to obtaining private health insurance coverage.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 198. ORS 414.825 is amended to read:
414.825. { - Policy. - } It is the policy of the State of
Oregon that:
(1) The state, in partnership with the private sector, move
toward providing affordable access to basic health care services
for Oregon's low-income, uninsured children and families;
(2) Subject to funds available, the state provide subsidies to
low-income Oregonians, using federal and state resources, to make
health care services affordable to Oregon's low-income, uninsured
children and families and that those subsidies should encourage
the shared responsibility of employers and individuals in a
public-private partnership;
(3) The respective roles and responsibilities of government,
employers, providers, individuals and the health care delivery
system be clearly defined;
(4) All public subsidies be clearly defined and based on an
individual's ability to pay, not exceeding the cost of purchasing
a basic package of health care services, except for those
individuals with the greatest medical needs; and
(5) The health care delivery system encourage the use of
evidence-based health care services, including appropriate
education, early intervention and prevention, and procedures that
are effective and appropriate in producing good health.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 199. ORS 414.827 is amended to read:
414.827. { - Increased access for uninsured individuals. - }
In order to carry out the policy established in ORS 414.825,
subject to funds available, the State of Oregon shall increase
access to basic health care services provided through Medicaid,
the Children's Health Insurance Program or private insurance for
uninsured Oregonians with an income of up to 185 percent of the
federal poverty guidelines.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 200. ORS 414.829 is amended to read:
414.829. { - Waiver for private insurance coverage. - }
(1)(a) In order to make progress toward the goal set forth in ORS
414.821, the Department of Human Services shall apply to the
Centers for Medicare and Medicaid Services for waivers to obtain
federal matching dollars for public subsidies for low-income,
working Oregonians for the purpose of making private health
insurance more accessible and affordable.
(b) Prior to the submission of the waiver application, the
department shall comply with ORS 291.375 (1) and (2).
(2) The waiver application shall provide for the establishment
of a basic benchmark health benefit plan or plans, or approved
equivalent, for subsidized employer-sponsored coverage that is
comparable to coverage common in the small employer health
insurance market. Consideration shall be given to the appropriate
inclusion of preventive services for children and innovative
means of ensuring access to such coverage. Options in the
development of the benchmark health benefit plan may include, but
are not limited to, provision of supplemental coverage for
preventive services.
(3) The Insurance Pool Governing Board, in consultation with
the Health Insurance Reform Advisory Committee, shall identify
and recommend to the Waiver Application Steering Committee
created under section 13, chapter 898, Oregon Laws 2001, and the
Leadership Commission on Health Care Costs and Trends created
under section 14, chapter 898, Oregon Laws 2001, a basic
benchmark health benefit plan or plans that qualify for a subsidy
under the waiver program, taking into account employer-sponsored
health benefit plans currently in the market.
(4) The waiver application shall be based on a consideration of
various models to maximize subsidies for employer-sponsored
coverage with special attention given to creative means of
increasing dependent coverage under the employer-sponsored health
benefit plans.
(5) The waiver application shall ensure that:
(a) Coverage under the proposed program does not reduce
employer-sponsored coverage presently available; and
(b) The risk distribution of the current population covered by
the state's Medicaid program is not adversely affected.
(6) The waiver application shall strive to minimize
administrative complexities for enrollees, employers, providers,
health insurance plans and public agencies that participate in
the proposed program.
(7) Prior to its submission for legislative review under
subsection (1) of this section, the department shall submit the
waiver application to the Leadership Commission on Health Care
Costs and Trends for review.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 201. ORS 414.831 is amended to read:
414.831. { - Family Health Insurance Assistance Program. - }
Upon receipt of the waiver, the Insurance Pool Governing Board
shall focus on expanding group coverage provided by the Family
Health Insurance Assistance Program, with the goal of having
available funds equally distributed between providing group
coverage and individual coverage.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 202. ORS 414.833 is amended to read:
414.833. { - Levels of coverage for Medicaid. - } In the
Medicaid portion of the Oregon Health Plan, the state shall
provide levels of benefit packages of health care services as
described in ORS 414.834 and 414.835. One level shall provide a
basic benefit package of health care services and be called 'OHP
Standard. ' The second level shall provide a benefit package of
health care services for persons with greater medical needs and
be called ' OHP Plus. '
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 203. ORS 414.834 is amended to read:
414.834. { - Basic benefit package. - } (1) The Health
Services Commission, in consultation with the legislative
committees with oversight of health care issues, shall develop a
basic benefit package of health care services for the Medicaid
portion of the Oregon Health Plan, the cost of which shall be
actuarially equivalent to the minimum level of care mandated by
the current federal Medicaid law.
(2)(a) In addition to the basic benefit package of health care
services developed under subsection (1) of this section, the
commission shall develop and rank in priority order additional
benefit packages of health care services that may be provided to
the extent the Legislative Assembly has provided funds for
additional benefit packages.
(b) When developing the benefit packages of health care
services to be provided, the commission shall consider that those
benefit packages of health care services may be provided through
managed care organizations with contracts to provide services to
enrollees of the Oregon Health Plan as well as commercial
carriers.
(3) The commission shall obtain from an independent actuary the
costs of providing the benefit packages of health care services
identified in subsections (1) and (2) of this section.
(4) The commission shall recommend whether Oregonians receiving
subsidies for OHP Standard be required to pay premiums and
copayments based on the individual's ability to pay and how to
structure the copayments and premiums in a manner that encourages
the use of preventive services.
(5) The commission shall submit its report on benefit packages
for health care services by July 1 of the year preceding each
regular session of the Legislative Assembly to the Governor, the
Speaker of the House of Representatives and the President of the
Senate.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 204. ORS 414.835 is amended to read:
414.835. { - Prioritized list. - } The Health Services
Commission shall continue to develop and report to the
Legislative Assembly the prioritized list of health care services
required in ORS 414.720. The list shall be used to establish the
OHP Plus benefit package of health care services to be provided
to Oregonians who are categorically eligible for medical
assistance as defined by rule by the Department of Human Services
and persons receiving general assistance as defined in ORS
411.010.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 205. ORS 414.837 is amended to read:
414.837. { - Funding by Legislative Assembly. - } (1) The
Legislative Assembly shall determine the health care services
provided under the Medicaid portion of Oregon Health Plan by
funding:
(a) OHP Standard, which shall be the combination of the basic
benefit package of health care services developed in ORS 414.834
(1) and any additional benefit packages, added in priority order,
from the packages developed under ORS 414.834 (2).
(b) OHP Plus, which shall be the benefit package developed in
ORS 414.835.
(2) The cost of the benefit package of health care services
provided under OHP Standard may not exceed the cost of the
benefit package of health care services provided under OHP Plus.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 206. ORS 414.839 is amended to read:
414.839. { - Subsidies for health insurance coverage. - }
(1) Subject to funds available, the waiver program described by
ORS 414.829 shall provide public subsidies for the purchase of
health insurance coverage provided by public programs or private
insurance, including but not limited to the Family Health
Insurance Assistance Program, for currently uninsured individuals
based on incomes up to 185 percent of the federal poverty level.
The objective is to create a transition from dependence on public
programs to privately financed health insurance.
(2) Public subsidies shall apply only to the cost of the basic
benchmark health benefit plan or the approved equivalent
established in ORS 414.829.
(3) Cost-sharing shall be permitted and structured in such a
manner to encourage appropriate use of preventive care and
avoidance of unnecessary services.
(4) Cost-sharing shall be based on an individual's ability to
pay and may not exceed the cost of purchasing a plan approved as
provided under subsection (2) of this section.
(5) The state may pay a portion of the cost of the subsidy,
based on the individual's income and other resources.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 207. Section 14, chapter 898, Oregon Laws 2001, is
amended to read: { + + }
{ + Sec. 14. + } { - Leadership Commission on Health Care
Costs and Trends. - } (1) In order to provide a sound basis for
future consideration of strategies to improve access to an
adequate level of high quality health care at an affordable cost
for all Oregonians, the Leadership Commission on Health Care
Costs and Trends is created, consisting of eight members. The
commission shall consist of:
(a) The President of the Senate or a member of the Senate
designated by the President;
(b) The Speaker of the House of Representatives or a member of
the House of Representatives designated by the Speaker;
(c) Two members of the Senate appointed by the President of the
Senate, one of whom shall be a member of the Emergency Board;
(d) Two members of the House of Representatives appointed by
the Speaker of the House of Representatives, one of whom shall be
a member of the Emergency Board; and
(e) One member each appointed by the minority leadership of the
Senate and the House of Representatives.
(2) The commission shall develop an Oregon Health Care Cost
Index. The index shall categorize health care cost components and
health care trends to inform future policymakers about potential
implications of trends in health care programs provided by public
and private programs.
(3) The commission shall review the health care cost trends
that are reducing the affordability and availability of private
coverage and thereby increasing dependence on publicly funded
health care services.
(4) The commission shall monitor developments of possible
federal health benefit tax credit programs and determine ways to
maximize opportunities to expand health insurance coverage
through a state income tax credit.
(5) The commission may contract with a private entity to
develop the index.
(6) The commission shall recommend to the Seventy-second
Legislative Assembly methods to:
(a) Update and distribute the index annually; and
(b) Report to policymakers and the public on potential
implications for health care coverage available in Oregon.
(7) Except as provided in this section, the commission is
subject to the provisions of ORS 171.605 to 171.635 and has the
authority contained in ORS 171.505 and 171.510.
(8) The President of the Senate and the Speaker of the House of
Representatives shall develop a work plan for the commission.
The work plan shall be filed with the Legislative Administrator.
(9) The Legislative Administrator, in cooperation with the
President of the Senate and the Speaker of the House of
Representatives, shall provide staff necessary to the performance
of the functions of the commission.
(10) Members of the Legislative Assembly who serve on the
commission shall be entitled to an allowance as authorized by ORS
171.072. Claims for expenses incurred in performing functions of
the commission shall be paid out of funds appropriated for that
purpose.
(11) Subject to approval of the Emergency Board, the commission
may accept contributions of funds and assistance from the United
States Government or its agencies, or from any other source,
public or private, and agree to conditions thereon not
inconsistent with the purposes of the commission. All such funds
are to aid in financing the functions of the commission and shall
be deposited in the General Fund of the State Treasury to the
credit of separate accounts for the commission and shall be
disbursed for the purpose for which contributed in the same
manner as funds appropriated for the commission.
(12) Official action taken by the commission shall require the
approval of the majority of the members of the commission. All
legislation recommended by official action of the commission must
indicate that it is introduced at the request of the commission.
Such legislation shall be prepared in time for presession filing
pursuant to ORS 171.130.
{ + NOTE: + } Purges legislatively enacted leadline.
SECTION 208. ORS 416.810 is amended to read:
416.810. All sums of money recovered by or paid to the
Department of Human Services as reimbursement for funds granted
for public assistance shall be paid into the State Treasury and
credited to the Public Welfare Account and may be expended for
public assistance purposes in accordance with ORS 411.060 to
411.111, 411.250 and 411.710 to 411.730 { - ; provided, that - }
{ + . However, + } the United States Government is entitled to
a share of any amount { - so - } received as its interest may
appear, which shall be promptly paid to the United States
Government.
{ + NOTE: + } Corrects punctuation and conforms syntax to
legislative style.
SECTION 209. ORS 417.795 is amended to read:
417.795. (1) The State Commission on Children and Families
established under ORS 417.730 shall establish Healthy Start
Family Support Services programs through contracts entered into
by local commissions on children and families in all counties of
this state as funding becomes available.
(2) These programs shall be nonstigmatizing, voluntary and
designed to achieve the appropriate early childhood benchmarks
and shall:
(a) Ensure that express written consent is obtained from the
family prior to any release of information that is protected by
federal or state law and before the family receives any services;
(b) Ensure that services are voluntary and that { + , + } if a
family chooses not to accept services or ends services { + , + }
{ - that - } there are no adverse consequences for those
decisions;
(c) Offer a voluntary comprehensive screening and risk
assessment of all newly born children and their families;
(d) Ensure that the disclosure of information gathered in
conjunction with the voluntary comprehensive screening and risk
assessment of children and their families is limited pursuant to
ORS 417.728 (6) to the following purposes:
(A) Providing services under the programs to children and
families who give their express written consent;
(B) Providing statistical data that are not personally
identifiable;
(C) Accomplishing other purposes for which the family has given
express written consent; and
(D) Meeting the requirements of mandatory state and federal
disclosure laws;
(e) Ensure that risk factors used in the risk assessment are
limited to those risk factors that have been shown by research to
be associated with poor outcomes for children and families;
(f) Identify, as early as possible, families that would benefit
most from the programs;
(g) Provide parenting education and support services, including
but not limited to community-based home visiting services and
primary health care services;
(h) Provide other supports, including but not limited to
referral to and linking of community and public services for
children and families such as mental health services, alcohol and
drug treatment programs, child care, food, housing and
transportation;
(i) Coordinate services for children consistent with the
voluntary local early childhood system plan developed pursuant to
ORS 417.777;
(j) Provide follow-up services and supports from birth through
five years of age;
(k) Integrate data with any common data system for early
childhood programs implemented pursuant to section 7, chapter
831, Oregon Laws 2001;
(L) Be included in a statewide independent evaluation to
document:
(A) Level of screening and assessment;
(B) Incidence of child abuse and neglect;
(C) Change in parenting skills; and
(D) Rate of child development;
(m) Be included in a statewide training program in the dynamics
of the skills needed to provide early childhood services, such as
assessment and home visiting; and
(n) Meet voluntary statewide and local early childhood system
quality assurance and quality improvement standards.
(3) The Healthy Start Family Support Services programs, local
health departments and other providers of prenatal and perinatal
services in counties, as part of the voluntary local early
childhood system, shall:
(a) Identify existing services and describe and prioritize
additional services necessary for a voluntary home visit system;
(b) Build on existing programs;
(c) Maximize the use of volunteers and other community
resources that support all families;
(d) Target, at a minimum, all first birth families in the
county; and
(e) Ensure that home visiting services provided by local health
departments for children and pregnant women support and are
coordinated with local Healthy Start Family Support Services
programs.
(4) Through a Healthy Start Family Support Services program, a
trained family support worker or nurse shall be assigned to each
family assessed as at risk that consents to receive services
through the worker or nurse. The worker or nurse shall conduct
home visits and assist the family in gaining access to needed
services.
(5) The services required by this section shall be provided by
hospitals, public or private entities or organizations, or any
combination thereof, capable of providing all or part of the
family risk assessment and the follow-up services. In granting a
contract, a local commission may utilize collaborative
contracting or requests for proposals and shall take into
consideration the most effective and consistent service delivery
system.
(6) The family risk assessment and follow-up services for
families at risk shall be provided by trained family support
workers or nurses organized in teams supervised by a manager and
including a family services coordinator who is available to
consult.
(7) Each Healthy Start Family Support Services program shall
adopt disciplinary procedures for family support workers, nurses
and other employees of the program. The procedures shall provide
appropriate disciplinary actions for family support workers,
nurses and other employees who violate federal or state law or
the policies of the program.
{ + NOTE: + } Corrects syntax in (2)(b).
SECTION 210. ORS 418.005 is amended to read:
418.005. (1) In order to establish, extend and strengthen
welfare services for the protection and care of homeless,
dependent or neglected children or children in danger of becoming
delinquent, the Department of Human Services may:
(a) Make all necessary rules and regulations for administering
child welfare services under this section.
(b) Accept and disburse any and all federal funds made
available to the State of Oregon for child welfare services.
(c) Make such reports in such form and containing such
information as may from time to time be required by the federal
government and comply with such provisions as may from time to
time be found necessary to insure correctness and verification of
such reports.
(d) Cooperate with medical, health, nursing and welfare groups
and organizations and with any agencies in the state providing
for protection and care of homeless, dependent or neglected
children or children in danger of becoming delinquent.
(e) Cooperate with the United States Government or any of its
agencies in administering the provisions of this section.
(2) { + (a) + } There is created an advisory committee that
shall consist of 21 members to advise the department on the
development and administration of child welfare policies,
programs and practices. Members shall be appointed by and serve
at the pleasure of the Director of Human Services.
{ - (a) - } { + (b) + } Advisory committee membership shall
include representatives of other state agencies concerned with
services, representatives of professional, civic or other public
or private organizations, private citizens interested in service
programs, and recipients of assistance or service or their
representatives.
{ - (b) - } { + (c) + } Members of the advisory committee
shall receive no compensation for their services. Members of the
advisory committee other than members employed in full-time
public service shall be reimbursed for their actual and necessary
expenses incurred in the performance of their duties by the
department. Such reimbursements shall be subject to the
provisions of ORS 292.210 to 292.288. Members of the advisory
committee who are employed in full-time public service may be
reimbursed for their actual and necessary expenses incurred in
the performance of their duties by their employing agency.
{ - (c) - } { + (d) + } The advisory committee shall meet
at least once every three months.
(3) Subject to the allotment system provided for in ORS 291.234
to 291.260, the department may expend the amounts necessary to
carry out the purposes and administer the provisions of this
section.
{ + NOTE: + } Conforms structure to legislative style in (2).
SECTION 211. ORS 418.035 is amended to read:
418.035. As used in ORS 418.035 to 418.172, unless the context
or a specially applicable statutory definition requires
otherwise:
{ + (1) 'Aid' means money payments with respect to, or on
behalf of, a dependent child or children and includes:
(a) Money payments to meet the needs of the relative with whom
the child is living and:
(A) The spouse of the relative if the spouse lives with the
relative, the relative is the child's parent and the child is a
dependent child by reason of the physical or mental incapacity of
a parent; or
(B) The spouse of the relative if the spouse lives with the
relative, the relative is the child's parent and the child is a
dependent child as defined in ORS 418.070 (2)(a) and is dependent
by reason of the unemployment of parents.
(b) Payments made to a representative payee or guardian
pursuant to ORS 418.050 or 418.054. + }
{ - (1)(a) - } { + (2)(a) + } 'Dependent child' means a
needy child:
(A) Who has been deprived of parental support or care by reason
of the death, continued absence from the home or physical or
mental incapacity of a parent;
(B) Whose relatives are not able to provide adequate care and
support for the child without public assistance, as defined in
ORS 411.010;
(C) Who is living with the child's father, mother, grandfather,
grandmother, brother, sister, stepfather, stepmother,
stepbrother, stepsister, uncle, aunt, first cousin, nephew or
niece in a place of residence maintained by one or more of such
relatives as the child's or their own home; and
(D) Who meets the requirements of paragraph (b) of this
subsection.
(b)(A) Except as provided in subparagraphs (B) and (C) of this
paragraph, a 'dependent child' must be under the age of 18 years.
(B) A child may qualify as a 'dependent child,' subject to the
availability of funds, if the child is 18 or 19 or 20 years of
age and a student regularly attending a school in grade 12 or
below or regularly attending a course of professional or
technical training designed to fit the child for gainful
employment, other than a course provided by or through a college
or university.
(C) Students under the age of 21 years and regularly attending
a school, college or university or regularly attending a course
of professional or technical training designed to fit the child
for gainful employment may be included in the description in
subparagraph (B) of this paragraph at the option of the
Department of Human Services.
{ - (2) 'Aid' means money payments with respect to, or on
behalf of, a dependent child or children and includes: - }
{ - (a) Money payments to meet the needs of the relative with
whom the child is living and: - }
{ - (A) The spouse of the relative if the spouse lives with
the relative, the relative is the child's parent and the child is
a dependent child by reason of the physical or mental incapacity
of a parent; or - }
{ - (B) The spouse of the relative if the spouse lives with
the relative, the relative is the child's parent and the child is
a dependent child as defined in ORS 418.070 (1)(a) and is
dependent by reason of the unemployment of parents. - }
{ - (b) Payments made to a representative payee or guardian
pursuant to ORS 418.050 or 418.054. - }
(3) 'Representative payee' means an individual designated by
the department to receive money payments of aid pursuant to ORS
418.050.
{ + NOTE: + } Alphabetizes definitions.
SECTION 212. ORS 418.042 is amended to read:
418.042. (1) Aid, as defined in ORS 418.035 { - (2) - } ,
shall not be granted to, or on behalf of, any applicant or
recipient and for as long as the applicant or recipient refuses
to assign to the Department of Human Services any rights to
support from any other person such applicant may have personally
or in behalf of any other family member for whom the applicant is
applying for or receiving aid, and which have accrued at any time
such assignment is executed. If aid is paid and received for the
support of a child, the rights to child support that any person
may have for the child are deemed to have been assigned by
operation of law to the Department of Human Services. Notice of
the assignment by operation of law shall be given to the
applicant at the time of application for public assistance, and
shall be given to any obligee who may hold some interest in such
support rights by depositing a notice in the United States mail,
postage prepaid, addressed to the last-known address of such
person. Assignment of support rights to the Department of Human
Services shall be as set forth in rules adopted by the Department
of Human Services.
(2) Except as otherwise provided in this subsection, an
applicant or recipient who receives aid as defined in ORS 418.035
{ - (2) - } shall cooperate with the Department of Human
Services in establishing the paternity of the applicant's or
recipient's child born out of wedlock and in obtaining support or
other payments or property due the applicant or child. An
applicant or recipient is not required to cooperate if there is
good cause or some other exception to the cooperation requirement
that takes into account the best interest of the child. The
Department of Human Services shall adopt rules defining good
cause, other exceptions to cooperation and noncooperation by an
applicant or recipient, and setting the sanction for
noncooperation. The sanction may include total ineligibility of
the family for aid, but in no situation may the sanction be less
than a 25 percent reduction of the monthly grant amount. At the
time an applicant applies for aid, the Department of Human
Services shall inform the applicant, in writing, of the
requirement of and exceptions to cooperation and the sanctions
for noncooperation, and shall inform recipients, in writing,
whenever eligibility for aid is redetermined.
{ + NOTE: + } Eliminates unnecessary subsection references.
SECTION 213. ORS 418.070 is amended to read:
418.070. For the purposes of ORS 418.035 to 418.185, with
respect to any period for which federal funds are made available
to this state in aid of a state-administered program of aid to
any child defined in and meeting the requirements of this
section:
{ + (1) 'Aid' includes foster care in behalf of a child
described in subsection (2)(b) of this section in the foster home
of any individual or in a licensed nonprofit private child-caring
agency. + }
{ - (1) - } { + (2) + } 'Dependent child' includes:
(a) A needy child meeting the requirements of ORS 418.035
{ - (1)(b)(A) or (B) - } { + (2)(b)(A) or (B) + } who has
been deprived of parental support or care by reason of the
unemployment of a parent or parents and who is living with any of
the relatives specified in ORS 418.035 { - (1) - } { +
(2) + } in a place of residence maintained by one or more of such
relatives as the relative's or relatives' own home.
(b) A child:
(A) Who would meet the requirements of ORS 418.035
{ - (1) - } { + (2) + } or of paragraph (a) of this subsection
except for removal { - after April 30, 1961, - } from the home
of a relative specified in ORS 418.035 { - (1) - } { +
(2) + } as a result of a judicial determination to the effect
that continuation therein would be contrary to the welfare of
such child;
(B) Who has been accepted for placement and care by the
Department of Human Services;
(C) Who has been placed in a foster home or licensed nonprofit
private child-caring agency as a result of such determination;
and
(D) Who received aid in or for the month in which court
proceedings leading to such determination were initiated, or
would have received such aid in or for such month if application
had been made therefor, or in the case of a child who had been
living with a relative specified in ORS 418.035 { - (1) - }
{ + (2) + } within six months prior to the month in which such
proceedings were initiated, would have received such aid in or
for such month if in such month the child had been living with
and removed from the home of such a relative and application had
been made therefor.
{ - (2) - } { + (3) + } 'Foster home' means a foster home
which is certified by this state or has been approved, by the
agency of this state responsible for the certification of foster
homes, as meeting the standards established for such
certification.
{ - (3) 'Aid' includes foster care in behalf of a child
described in subsection (1)(b) of this section in the foster home
of any individual or in a licensed nonprofit private child-caring
agency. - }
(4) 'Unemployment of parent' shall be defined by the department
and such definition may take into account definitions used to
establish the availability of federal funds for the program of
temporary assistance for needy families.
{ + NOTE: + } Alphabetizes definitions. Adjusts for
renumbering in (2); see section 211 (amending 418.035). Deletes
obsolete provision in (2)(b)(A).
SECTION 214. ORS 418.075 is amended to read:
418.075. Aid, as defined in ORS 418.035 { - (2) - } , shall
not be granted with respect to, or on behalf of, a dependent
child as defined in ORS 418.070 { - (1)(a) - } { + (2)(a) + }
if, and for as long as, the unemployed parent of such child
refuses without good cause to accept employment in which the
unemployed parent is able to engage and which is offered through
any employment office defined in ORS 657.010 (7) or which is
otherwise offered by any employer if such offer is determined by
the Department of Human Services after notification by such
employer to be a bona fide offer of such employment.
{ + NOTE: + } Deletes unnecessary subsection reference.
Adjusts for renumbering; see section 213 (amending 418.070).
SECTION 215. ORS 418.085 is amended to read:
418.085. During any period in which aid may be granted with
respect to, or on behalf of, a dependent child as defined in ORS
418.070 { - (1)(a) - } { + (2)(a) + }, the Department of
Human Services and the Director of the Employment Department
shall enter into cooperative arrangements looking toward
employment of the unemployed parent of any such child, shall
provide for the registration and periodic reregistration of such
parent at employment offices established pursuant to ORS 657.705
to 657.725 and shall, with respect to such parent, effect maximum
utilization of the job placement services and other services and
facilities of such offices.
{ + NOTE: + } Adjusts for renumbering; see section 213
(amending 418.070).
SECTION 216. ORS 418.130 is amended to read:
418.130. (1) Except as otherwise provided in this section
{ - , no person shall, - } { + and + } except for purposes
directly connected with the administration of the temporary
assistance for needy families program, delivery or administration
of programs and services the Department of Human Services is
authorized to deliver and administer pursuant to ORS 409.010 or
as necessary to assist public assistance applicants and
recipients in accessing and receiving other governmental or
private nonprofit services and in accordance with the rules of
the department, { + a person may not + } solicit, disclose,
receive, make use of, or authorize, knowingly permit, participate
in, or acquiesce in the use of, any list of or names of, or any
information concerning, persons applying for or receiving such
aid, directly or indirectly derived from the records, papers,
files or communications of the department or acquired in the
course of the performance of official duties.
(2) Nothing in this section prohibits the disclosure and use of
information about applicants and recipients as is necessary to
carry out the child support enforcement laws of this state and of
the United States.
(3) Nothing in this section prohibits the disclosure of the
address of any applicant or recipient to a law enforcement
official at the request of such official. To receive information
pursuant to this section, the { - officer - } { +
official + } must furnish the agency the name of the applicant or
recipient and advise that the applicant or recipient:
(a) Is fleeing to avoid prosecution, custody or confinement
after conviction for a felony;
(b) Is violating a condition of probation or parole; or
(c) Has information that is necessary for the { - officer - }
{ + official + } to conduct the official duties of the
{ - officer - } { + official + } and the location or
apprehension of the applicant or recipient is within such
official duties.
{ + NOTE: + } Remarries subject and verb in (1); corrects
word choice in (3).
SECTION 217. ORS 418.155 is amended to read:
418.155. As used in ORS 418.150 to 418.172, unless the context
or a specially applicable statutory definition requires
otherwise:
{ - (1) 'JOBS program' means programs established by the
Department of Human Services, pursuant to the temporary
assistance for needy families program and rules adopted
thereunder. - }
{ - (2) - } { + (1) + } 'Employment and training program'
means a program for placing as many individuals as is possible in
employment.
{ - (3) - } { + (2) + } 'JOBS Plus Program and work
experience program ' and 'on the job training' mean work site
programs for those individuals for whom such training is likely
to lead to regular employment.
{ + (3) 'JOBS program' means programs established by the
Department of Human Services, pursuant to the temporary
assistance for needy families program and rules adopted
thereunder. + }
{ + NOTE: + } Alphabetizes definitions.
SECTION 218. ORS 418.280 is amended to read:
418.280. Private child-caring agencies, in placing children in
private families, shall { + : + }
{ + (1) + } Safeguard the welfare of the children by the
thorough investigation of each applicant and home and its
environment;
{ + (2) + } { - shall - } Carefully select the child to
suit the new relationship and location;
{ + (3) + } { - shall - } Personally and adequately
supervise each home and child until the latter returns to the
direct care of the agency or, if permanently placed, receives
legal adoption or attains legal age; and
{ + (4) + } { - shall, - } So far as practicable, place
such children in families of the same religious faith as that
held by the children or their parents.
{ + NOTE: + } Conforms structure to legislative style.
SECTION 219. ORS 418.285 is amended to read:
418.285. In addition to its other powers and responsibilities,
the Department of Human Services has the same authority as a
private child-caring agency under ORS 418.270 to 418.280 { - ;
and - } { + . + } In exercising this authority { + , + } the
department shall comply with the provisions of { - those
sections - } { + ORS 418.270 to 418.280 + } the same as a
private child-caring agency.
{ + NOTE: + } Corrects punctuation; elucidates ORS reference.
SECTION 220. ORS 418.305 is amended to read:
418.305. The Department of Human Services may require any
child-caring agency to divulge the location and relationship of
any of its placed-out children { - ; and these - } { + . The
department or its agents + } may { - be visited by the
department or its agents - } { + visit the location + } to
ascertain the condition of such children or the quality of the
child-placing work done. The location and relationship of each
placed-out child shall be confidentially held by the department
and its agents and revealed only when the welfare of the child
requires such action on order of a court of competent
jurisdiction.
{ + NOTE: + } Conforms punctuation and syntax to legislative
style.
SECTION 221. ORS 418.325 is amended to read:
418.325. (1) A child-caring agency shall safeguard the health
of each ward or other dependent or delinquent child in its care
by providing for medical examinations of each child by a
qualified physician at the following intervals:
{ + (a) + } Three examinations during the first year of the
child's life;
{ + (b) + } One examination during the second year of the
child's life;
{ + (c) + } One examination at the age of four;
{ + (d) + } One examination at the age of six;
{ + (e) + } One examination at the age of nine; and
{ + (f) + } One examination at the age of 14.
(2) If an examination under subsection (1) of this section has
not occurred within six months prior to the transfer for adoption
of the custody of a child by a child-caring agency to the
prospective adoptive parents of such child, a child-caring agency
shall provide for a medical examination of such child within six
months prior to such transfer.
(3) Any testing that occurs at intervals other than those
specified in subsections (1) and (2) of this section shall not be
considered to be in lieu of the required examinations. However,
nothing in subsections (1) and (2) of this section is intended to
limit more frequent examinations that are dictated by the general
state of the child's health or by any particular condition.
(4) Within 90 days of obtaining guardianship over a child under
six years of age, a child-caring agency shall provide for such
child to be:
(a) Inoculated as determined appropriate by the county public
health department; and
(b) Tested for { + : + } { +
+ } { + (A) + } Phenylketonuria pursuant to ORS 433.285;
{ + (B) + } Visual and aural acuity consistent with the
child's age;
{ + (C) + } Sickle-cell anemia;
{ + (D) + } Effects of rubella, if any;
{ + (E) + } Effects of parental venereal disease, if any; and
{ + (F) + } The hereditary or congenital effects of parental
use of drugs or controlled substances.
(5) Within six months prior to the transfer for adoption of the
custody of a child by a child-caring agency to the prospective
adoptive parents of such child, the child-caring agency shall
provide for such child to have a complete physical examination by
a physician, including but not limited to inspection for evidence
of child abuse in accordance with rules of the Department of
Human Services, and be tested for visual and aural acuity
consistent with the child's age.
(6) A child-caring agency shall record the results of tests
provided a child pursuant to subsections (1) to (5) of this
section in the child's health record. The child's health record
shall be kept as a part of the agency's total records of that
child. The child's health record shall be made available to both
natural parents and to both prospective foster or adoptive
parents of that child. A qualified member of a child-caring
agency under the supervision of a qualified physician shall
explain to adoptive parents the medical factors possible as a
result of a child's birth history, hereditary or congenital
defects, or disease or disability experience.
{ + NOTE: + } Conforms structure of (1) and (4)(b) to
legislative style.
SECTION 222. ORS 418.470 is amended to read:
418.470. (1) The Department of Human Services may engage and
make reasonable payment for services of persons to make
available, maintain and operate shelter-care homes for the
safekeeping of children taken into temporary custody pending
investigation and disposition.
(2) The services, pursuant to specific prior authorization of
the department, shall be deemed actually rendered if the
shelter-care home is made available, maintained and operated to
receive such children.
(3) As used in this section and ORS 418.472, 'shelter-care
home' means a certified foster home or a licensed facility
contracted with by { + the + } Department of Human Services for
the purpose of safekeeping of children taken into temporary
custody pending investigation and disposition where the
circumstances are such that the child need not be kept in secure
custody.
{ + NOTE: + } Corrects syntax in (3).
SECTION 223. ORS 418.475 is amended to read:
418.475. (1) Within the limit of moneys appropriated therefor,
the Department of Human Services may establish or certify
independent residence facilities for minors who:
(a) Are 16 years of age or older;
(b) Have been placed in at least one substitute care resource;
(c) Have been determined by the department to be unsuitable for
placement in a substitute care resource;
(d) Have received permission from the appropriate juvenile
court, if they are wards of the court; and
(e) Have been determined by the department to be suitable for
an independent resident program.
(2) Residence facilities shall provide independent housing
arrangements with counseling services and minimal supervision
available from at least one counselor { - ; and - } { + . + }
All residential facilities having six or more residents shall be
licensed by the department under ORS 443.400 to 443.455 and
443.991 (2).
(3) Each resident shall be required to maintain a program of
education or employment, or a combination thereof, amounting to
full-time activity and shall be required to pay a portion or all
of the resident's housing expenses and other support costs.
(4) The department may make payment grants directly to minors
enrolled in an independent living program for food, shelter,
clothing and incidental expenses. Such payment grants shall be
subject to an agreement between the minor and the department
which establishes a budget of expenses.
(5) The department may establish cooperative financial
management agreements with a minor and for that purpose may enter
into joint bank accounts requiring two signatures for
withdrawals. Such management agreements or joint accounts shall
not subject the department or any counselor involved to any
liability for debts or other responsibilities of the minor.
(6) The department shall make periodic reports to the juvenile
court as required by the court regarding any minor who is ward of
the court enrolled in an independent living program.
(7) The enrollment of a minor in an independent living program
in accordance with the provisions of subsection (1) of this
section shall not remove or limit in any way the obligation of
the parent of the minor to pay support as ordered by a court
under the provisions of ORS 419B.400 or 419C.590.
{ + NOTE: + } Corrects punctuation in (2).
SECTION 224. ORS 419B.035 is amended to read:
419B.035. (1) Notwithstanding the provisions of ORS 192.001 to
192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to
confidentiality and accessibility for public inspection of public
records and public documents, reports and records compiled under
the provisions of ORS 419B.010 to 419B.050 are confidential and
are not accessible for public inspection. However, the Department
of Human Services shall make records available to:
(a) Any law enforcement agency or a child abuse registry in any
other state for the purpose of subsequent investigation of child
abuse;
(b) Any physician, at the request of the physician, regarding
any child brought to the physician or coming before the physician
for examination, care or treatment;
(c) Attorneys of record for the child or child's parent or
guardian in any juvenile court proceeding;
(d) Citizen review boards established by the Judicial
Department for the purpose of periodically reviewing the status
of children, youths and youth offenders under the jurisdiction of
the juvenile court under ORS 419B.100 and 419C.005. Citizen
review boards may make such records available to participants in
case reviews;
(e) A court appointed special advocate in any juvenile court
proceeding in which it is alleged that a child has been subjected
to child abuse or neglect; and
(f) The Child Care Division for certifying, registering or
otherwise regulating child care facilities.
(2) The Department of Human Services may make reports and
records available to any person, administrative hearings officer,
court, agency, organization or other entity when the department
determines that such disclosure is necessary to administer its
child welfare services and is in the best interests of the
affected child, or that such disclosure is necessary to
investigate, prevent or treat child abuse and neglect, to protect
children from abuse and neglect or for research when the
{ - assistant director - } { + Director of Human Services + }
gives prior written approval. The department shall adopt rules
setting forth the procedures by which it will make the
disclosures authorized under this subsection and subsection (1)
of this section. The names, addresses or other identifying
information about the person who made the report shall not be
disclosed pursuant to this subsection and subsection (1) of this
section.
(3) Any record made available to a law enforcement agency in
this state or to a physician in this state, as authorized by
subsections (1) and (2) of this section, shall be kept
confidential by the agency or physician. Any record or report
disclosed by the department to other persons or entities pursuant
to subsections (1) and (2) of this section shall be kept
confidential.
(4) No officer or employee of the department or any person or
entity to whom disclosure is made pursuant to subsections (1) and
(2) of this section shall release any information not authorized
by subsections (1) and (2) of this section.
(5) A person who violates subsection (3) or (4) of this section
commits a Class A violation.
{ + NOTE: + } Reflects statutory name change in (2).
SECTION 225. ORS 419B.045 is amended to read:
419B.045. If an investigation of a report of child abuse is
conducted on public school premises, the school administrator
shall first be notified that the investigation is to take place,
unless the school administrator is a subject of the
investigation. The school administrator or a school staff member
designated by the administrator may, at the investigator's
discretion, be present to facilitate the investigation. The
Department of Human Services or the law enforcement agency making
the investigation shall be advised of the child's
{ - handicapping - } { + disabling + } conditions, if any,
prior to any interview with the affected child. A school
administrator or staff member is not authorized to reveal
anything that transpires during an investigation in which the
administrator or staff member participates nor shall the
information become part of the child's school records. The school
administrator or staff member may testify at any subsequent trial
resulting from the investigation and may be interviewed by the
respective litigants prior to any such trial.
{ + NOTE: + } Updates terminology.
SECTION 226. ORS 419B.116 is amended to read:
419B.116. (1)(a) As used in this section, 'caregiver
relationship' means a relationship between a person and a child:
(A) That has existed:
(i) During the year preceding the initiation of the dependency
proceeding;
(ii) For at least six months during the dependency proceeding;
or
(iii) For half of the child's life if the child is less than
six months of age;
(B) In which the person had physical custody of the child or
resided in the same household as the child;
(C) In which the person provided the child on a daily basis
with the love, nurturing and other necessities required to meet
the child's psychological and physical needs; and
(D) On which the child depended to meet the child's needs.
(b) 'Caregiver relationship' does not include a relationship
between a child and a person who is the nonrelated foster parent
of the child unless the relationship continued for a period
exceeding 12 months.
(2) A person asserting that the person has a caregiver
relationship with a child may file a motion for intervention in a
juvenile dependency proceeding.
(3) Filing a motion under subsection (2) of this section is the
sole means by which a person may intervene in a juvenile
dependency proceeding. An order granting intervention under this
section is exclusively for juvenile dependency proceedings and
does not confer standing or rights of intervention in any other
action. Intervention is not allowed in proceedings under ORS
419B.500.
(4) A motion for intervention must state:
(a) The person's relationship to the child and the person's
involvement in the child's life;
(b) The reason that intervention is sought;
(c) How the person's intervention is in the best interests of
the child and aids the court in carrying out the purposes of this
chapter;
(d) Why the existing parties cannot adequately present the
case; and
(e) What specific relief is being sought.
(5) A person moving to intervene in a case must prove by a
preponderance of the evidence that:
(a) A caregiver relationship exists between the person and the
child;
(b) The intervention is in the best interests of the child;
(c) Intervention aids the court in carrying out the purposes of
this chapter;
(d) The reason for intervention and the specific relief sought
are consistent with the best interests of the child; and
(e) The existing parties cannot adequately protect the best
interests of the child without the intervention.
(6) If the court finds that the motion for intervention is well
founded, the court may grant the intervention or may grant rights
of limited participation.
(7)(a) A person granted intervention is a party to the case
and, except as provided in paragraphs (b) and (c) of this
subsection, may be granted such relief as the court determines to
be appropriate and in the best interests of the child.
(b) At any time, a person granted intervention or a person with
rights of limited participation may move to be considered a
temporary placement or visitation resource for the child.
(c) At any time after a court has determined at a permanency
hearing that the permanent plan for the child should be something
other than to return home, a person granted intervention may move
to be considered the permanent placement resource for the child.
(8) The court may modify or set aside any order granting
intervention or limited participation as provided in ORS
{ - 419B.420, 419B.423 and 419B.426 - } { + 419B.923 + }.
{ + NOTE: + } Eliminates references to repealed statutes and
inserts appropriate citation in (8).
SECTION 227. ORS 419B.893 is amended to read:
419B.893. (1) A subpoena is a writ or an order directed to a
person and may require the attendance of the person at a
particular time and place to testify as a witness on behalf of a
particular party mentioned in the subpoena or may require the
person to produce books, papers, documents or { + other + }
tangible things and permit inspection of them at a particular
time and place. A subpoena may be for a trial, a hearing of any
kind or a deposition under ORS 419B.884. A subpoena requiring
attendance to testify as a witness requires that the witness
remain until the testimony is closed unless sooner discharged,
but at the end of each day's attendance a witness may demand of
the party, or the party's attorney, the payment of legal witness
fees for the next following day and if not then paid, the witness
is not obliged to remain longer in attendance. Every subpoena
must state the name of the court and the title of the action.
(2) Any party may have compulsory attendance of witnesses or
the compulsory production of records.
{ + NOTE: + } Adjusts syntax in (1).
SECTION 228. ORS 419B.896 is amended to read:
419B.896. A subpoena may command the person to whom it is
directed to produce and permit inspection and copying, at the
time and place specified in the subpoena, of designated books,
papers, documents or { + other + } tangible things in the
possession, custody or control of the person. A command to
produce books, papers, documents or { + other + } tangible
things and permit inspection of them may be joined with a command
to appear at trial or hearing or, if the books, papers, documents
or { + other + } tangible things are to be produced before
trial, the command may be issued separately. A person commanded
to produce and permit inspection and copying of designated books,
papers, documents or { + other + } tangible things but not
commanded to also appear for deposition under ORS 419B.884,
hearing or trial may, within 14 days after service of the
subpoena or before the time specified for compliance if such time
is less than 14 days after service, serve upon the party or
attorney designated in the subpoena written objection to
inspection or copying of any or all of the designated materials.
If objection is made, the party serving the subpoena may not
inspect and copy the materials except pursuant to an order of the
court in whose name the subpoena was issued. If objection has
been made, the party serving the subpoena, upon notice to the
person commanded to produce, may move for an order to compel
production. When a subpoena commands production of books, papers,
documents or { + other + } tangible things, the court, upon
motion made promptly and in any event at or before the time
specified in the subpoena for compliance with the subpoena, may:
(1) Quash or modify the subpoena if it is unreasonable and
oppressive; or
(2) Condition denial of the motion upon the advancement by the
person in whose behalf the subpoena is issued of the reasonable
cost of producing the books, papers, documents or { + other + }
tangible things.
{ + NOTE: + } Adjusts syntax in lead-in and (2).
SECTION 229. ORS 419B.899 is amended to read:
419B.899. (1) A subpoena may be issued:
(a) To require attendance before a court, at the trial of an
issue in a court or, if separate from a subpoena commanding the
attendance of a person, to produce and permit inspection of
books, papers, documents or { + other + } tangible things. A
subpoena may be issued under this paragraph:
(A) In blank by the clerk of the court in which the action is
pending or, if there is no clerk, by a judge or justice of the
court; or
(B) By an attorney of record of the party to the action in
whose behalf the witness is required to appear, subscribed by the
signature of the attorney.
(b) To require attendance at a deposition authorized under ORS
419B.884.
(c) To require attendance out of court in cases not provided
for in paragraph (a) of this subsection, before a judge, justice
or other officer authorized to administer oaths or take testimony
in any matter under the laws of this state. A subpoena may be
issued under this paragraph by the judge, justice or other
officer before whom the attendance is required.
(2) Upon the request of a party or attorney, any subpoena
issued by a clerk of court may be issued in blank and delivered
to the party or attorney requesting it, who must fill it in
before service.
(3) A subpoena to produce and permit inspection of records of a
person who is not a party to the action must be served on the
person and, if the person is represented, the person's attorney
at least 10 days before the subpoena is served on the keeper or
custodian of the records.
{ + NOTE: + } Adjusts syntax in (1)(a).
SECTION 230. ORS 419B.902 is amended to read:
419B.902. (1) { - Except as provided in subsection (2) of
this section, - } A subpoena may be served by the party or any
other person 18 years of age or older. Except as provided in
subsections { + (2), + } (3) and (4) of this section, the
service must be made by delivering a copy to the witness
personally. The service must be made so as to allow the witness a
reasonable time for preparation and travel to the place of
attendance. If the subpoena is not accompanied by a command to
appear at trial, hearing or deposition under ORS 419B.884,
whether the subpoena is served personally or by mail, copies of a
subpoena commanding production and inspection of books, papers,
documents or { + other + } tangible things before trial must be
served on each party at least seven days before the subpoena is
served on the person required to produce and permit inspection,
unless the court orders a shorter period.
(2)(a) A law enforcement agency shall designate an individual
upon whom service of a subpoena may be made. A designated
individual must be available during normal business hours. In the
absence of a designated individual, service of a subpoena under
paragraph (b) of this subsection may be made upon the officer in
charge of the law enforcement agency.
(b) If a peace officer's attendance at trial is required as a
result of employment as a peace officer, a subpoena may be served
on the officer by delivering a copy personally to the officer or
to an individual designated by the agency that employs the
officer no later than 10 days prior to the date attendance is
sought. A subpoena may be served in this manner only if the
officer is currently employed as a peace officer and is present
within the state at the time of service.
(c) When a subpoena has been served as provided in paragraph
(b) of this subsection, the law enforcement agency shall make a
good faith effort to give actual notice to the officer whose
attendance is sought of the date, time and location of the court
appearance. If the officer cannot be notified, the law
enforcement agency shall promptly notify the court and a
postponement or continuance may be granted to allow the officer
to be personally served.
(d) As used in this subsection, 'law enforcement agency ' means
the Oregon State Police, a county sheriff's department or a
municipal police department.
(3) Under the following circumstances, service of a subpoena to
a witness by mail has the same legal force and effect as personal
service:
(a) The attorney mailing the subpoena certifies in connection
with or upon the return of service that the attorney, or the
attorney's agent, has had personal or telephone contact with the
witness and the witness indicated a willingness to appear at
trial if subpoenaed; or
(b) The subpoena was mailed to the witness more than five days
before trial by certified mail or some other designation of mail
that provides a receipt for the mail signed by the recipient and
the attorney received a return receipt signed by the witness
prior to trial.
(4) Service of subpoena by mail may be used for a subpoena
commanding production of books, papers, documents or
{ + other + } tangible things that is not accompanied by a
command to appear at trial or hearing or at a deposition under
ORS 419B.884.
(5) Proof of service of a subpoena is made in the same manner
as proof of service of a summons except that the server is not
required to certify that the server is not a party in the action
or an attorney for a party in the action.
{ + NOTE: + } Adjusts syntax in (1) and (4).
SECTION 231. ORS 421.120 is amended to read:
421.120. { + (1) As used in this section, 'prison employment '
includes actual work in prison industry, meritorious work in
connection with prison maintenance and operation, actual work in
agriculture and actual work at work camp. + }
{ - (1) - } { + (2) + } Each inmate confined in execution
of the judgment of sentence upon any conviction in the Department
of Corrections institution, for any term other than life, and
whose record of conduct shows that the inmate faithfully has
observed the rules of the institution, shall be entitled to a
deduction from the term of sentence to be computed as follows:
(a) From the term of a sentence of not less than six months nor
more than one year, one day shall be deducted for every six days
of { - such - } { + the + } sentence actually served in the
Department of Corrections institution.
(b) From the term of a sentence of more than one year, one day
shall be deducted for every two days of { - such - } { +
the + } sentence actually served in the Department of Corrections
institution.
(c) From the term of any sentence, one day shall be deducted
for every 15 days of work actually performed in prison industry,
or in meritorious work in connection with prison maintenance and
operation, or of enrollment in an educational activity as
certified by the educational director of the institution during
the first year of prison employment or educational activity, and
one day shall be deducted for every seven days of such work
actually performed or educational activity certified after the
first year to and including the fifth year of prison employment
or educational activity certified, and one day for every six days
of
{ - such - } { + the + } work actually performed or
educational activity certified after the fifth year of prison
employment.
(d) From the term of any sentence, one day shall be deducted
for every 10 days of work actually performed in agriculture
during the first year of prison employment, and one day for every
six days of { - such - } { + the + } work actually performed
thereafter.
(e) From the term of any sentence { + , + } one day shall be
deducted for every six days' work performed at work camp during
the first year of prison employment, and one day for every four
days thereafter. Once the four-day rate is achieved { + , + } it
may be applied to subsequent work or education release programs
while the inmate is serving the same term.
{ - (f) - } { + (3) + } The deductions allowed in
{ - paragraphs (c), (d) and (e) of this - } subsection { +
(2)(c), (d) and (e) of this section + } shall be in addition to
those allowed in { - paragraphs (a) and (b) of this - }
subsection { + (2)(a) and (b) of this section + }.
{ - (g) In this subsection, 'prison employment' includes
actual work in prison industry, meritorious work in connection
with prison maintenance and operation, actual work in agriculture
and actual work at work camp. - }
{ - (h) - } { + (4) + } The Department of Corrections shall
develop pursuant to the rulemaking provisions of ORS 183.310 to
183.550 a uniform procedure for granting, retracting and
restoring deductions allowed in { - paragraphs (a) to (g) of
this - } subsection { + (2) of this section + }.
{ - (2) - } { + (5) + } When a paroled inmate violates any
condition of parole, no deduction from the term of sentence, as
provided in subsection { - (1) - } { + (2) + } of this
section, shall be made for service by
{ - such - } { + the + } inmate in the Department of
Corrections institution prior to acceptance and release on
parole, except when authorized by the State Board of Parole and
Post-Prison Supervision upon recommendation of the superintendent
thereof.
{ - (3) - } { + (6) + } The provisions of this section
shall apply only to offenders sentenced for felonies committed
prior to November 1, 1989.
{ + NOTE: + } Conforms placement of definition, structure,
syntax and punctuation to legislative style.
SECTION 232. ORS 421.122 is amended to read:
421.122. For purposes of ORS 421.120, the time that a person is
enrolled in good standing in the work release program is
considered to be part of the sentence of the person actually
served in the Department of Corrections institution. Employment
performed by an enrollee while so enrolled is considered to be
prison employment and shall qualify for the reduction in sentence
authorized under ORS 421.120 { - (1)(d) - } { + (2)(d) + } in
addition to any other reduction for which the enrollee may
qualify.
{ + NOTE: + } Reflects renumbering; see section 231 (amending
421.120).
SECTION 233. ORS 421.590 is amended to read:
421.590. (1) For the purposes of this section:
(a) 'Medical treatment program' means a treatment program based
on a successful medical model that has been proven to reduce
recidivism, and that may include treatment by prescribed
medication when recommended by a qualified psychiatrist or
physician, psychological treatment, or both. Any treatment
administered under a medical treatment program must be within the
range of treatments generally recognized as acceptable within the
medical community.
(b) 'Program participant' means a person sentenced for a term
of imprisonment based on conviction of a sex crime or a felony
attempt to commit a sex crime, or a person who is eligible for
parole or post-prison supervision after a term of imprisonment
based on conviction of a sex crime or a felony attempt to commit
a sex crime, who agrees to participate in a medical treatment
program after having been evaluated to be a suitable candidate
and who has been provided with adequate information to give
informed consent to participation.
(c) 'Sex crime' means rape in any degree, sodomy in any degree,
unlawful sexual penetration in any degree and sexual abuse in the
first or second degree.
(2) The Department of Corrections shall establish a medical
treatment program for persons convicted of a sex crime or a
felony attempt to commit a sex crime. Any person sentenced for a
sex crime or a felony attempt to commit a sex crime may be
evaluated to determine if available medical or psychological
treatment would be likely to reduce the biological, emotional or
psychological impulses that were the probable cause of the
person's criminal conduct. If the evaluation determines that the
person is a suitable candidate, the department shall offer to
allow the person to participate in the medical treatment program.
The person must agree to become a program participant.
(3) The State Board of Parole and Post-Prison Supervision shall
offer as a condition of parole or post-prison supervision to
persons convicted of a sex crime or a felony attempt to commit a
sex crime the opportunity to participate in a medical treatment
program established by the Department of Corrections under this
section. Any person eligible for release for a sex crime or
felony attempt to commit a sex crime may be evaluated to
determine if available medical or psychological treatment would
be likely to reduce the biological, emotional or psychological
impulses that were the probable cause of the person's criminal
conduct. If the evaluation determines that the person is a
suitable candidate, the board shall offer to allow the person to
participate in the medical treatment program. The person must
agree to become a program participant.
(4) The Department of Corrections shall adopt rules prescribing
the procedures and guidelines for implementing the medical
treatment programs required under the provisions of this section.
{ - (5) The Department of Corrections shall report to the
Sixty-eighth and Sixty-ninth Legislative Assemblies on the
success of the medical treatment programs required under the
provisions of this section, including a report on recidivism
rates of program participants. - }
{ + NOTE: + } Deletes obsolete subsection (5).
SECTION 234. ORS 426.020 is amended to read:
426.020. The superintendents of the hospitals mentioned in ORS
426.010 shall be persons the Department of Human Services
considers qualified to administer the hospital. If the
superintendent of any hospital is a physician licensed by the
Board of Medical Examiners for the State of Oregon, the
superintendent shall serve as chief medical officer. If the
superintendent is not a physician, the { - assistant
director - } { + Director of Human Services + } or the designee
of the { - assistant - } director shall appoint a physician to
serve as chief medical officer who shall be in the unclassified
service.
{ + NOTE: + } Conforms to statutory naming scheme.
SECTION 235. ORS 426.070 is amended to read:
426.070. (1) Any of the following may initiate commitment
procedures under this section by giving the notice described
under subsection (2) of this section:
(a) Two persons;
(b) The county health officer; or
(c) Any magistrate.
(2) For purposes of subsection (1) of this section, the notice
must comply with the following:
(a) It must be in writing under oath;
(b) It must be given to the community mental health and
developmental disabilities program director or a designee of the
director in the county where the allegedly mentally ill person
resides;
(c) It must state that a person within the county other than
the person giving the notice is a mentally ill person and is in
need of treatment, care or custody;
(d) If the commitment proceeding is initiated by two persons
under subsection (1)(a) of this section, it may include a request
that the court notify the two persons:
(A) Of the issuance or nonissuance of a warrant under this
section; or
(B) Of the court's determination under ORS 426.130 (1); and
(e) If the notice contains a request under paragraph (d) of
this subsection, it must also include the addresses of the two
persons making the request.
(3) Upon receipt of a notice under subsections (1) and (2) of
this section or when notified by a circuit court that the court
received notice under ORS 426.234, the community mental health
and developmental disabilities program director, or designee of
the director, shall:
(a) Immediately notify the judge of the court having
jurisdiction for that county under ORS 426.060 of the
notification described in subsections (1) and (2) of this
section.
(b) Immediately notify the Department of Human Services if
commitment is proposed because the person appears to be a
mentally ill person, as defined in ORS 426.005 (1)(d)(C). When
such notice is received, the department may verify, to the extent
known by the department, whether or not the person meets the
criteria described in ORS 426.005 (1)(d)(C)(i) and (ii) and so
inform the { + community mental health and developmental
disabilities program + } director or designee of the director.
(c) Initiate an investigation under ORS 426.074 to determine
whether there is probable cause to believe that the person is in
fact a mentally ill person.
(4) Upon completion, a recommendation based upon the
investigation report under ORS 426.074 shall be promptly
submitted to the court. If the community mental health and
developmental disabilities program director determines that
probable cause does not exist to believe that a person released
from detention under ORS 426.234 (2)(c) or (3)(b) is a mentally
ill person, the community mental health and developmental
disabilities program director shall not submit a recommendation
to the court.
(5) When the court receives notice under subsection (3) of this
section:
(a) If the court, following the investigation, concludes that
there is probable cause to believe that the person investigated
is a mentally ill person, it shall, through the issuance of a
citation as provided in ORS 426.090, cause the person to be
brought before it at a time and place as it may direct, for a
hearing under ORS 426.095 to determine whether the person is
mentally ill. The person shall be given the opportunity to appear
voluntarily at the hearing unless the person fails to appear or
unless the person is detained pursuant to paragraph (b) of this
subsection.
(b)(A) The judge may cause the allegedly mentally ill person to
be taken into custody pending the investigation or hearing by
issuing a warrant of detention under this subsection. A judge may
only issue a warrant under this subsection if the court finds
that there is probable cause to believe that failure to take the
person into custody would pose serious harm or danger to the
person or to others.
(B) To cause the custody of a person under this paragraph, the
judge must issue a warrant of detention to the community mental
health and developmental disabilities program director or
designee, the sheriff of the county or designee, directing that
person to take the allegedly mentally ill person into custody and
produce the person at the time and place stated in the warrant.
(C) At the time the person is taken into custody, the person
shall be informed by the community mental health and
developmental disabilities program director, the sheriff or a
designee of the following:
(i) The person's rights with regard to representation by or
appointment of counsel as described in ORS 426.100; and
(ii) The warning under ORS 426.123.
(D) The court may make any orders for the care and custody of
the person prior to the hearing as it considers necessary.
(c) If the notice includes a request under subsection (2)(d)(A)
of this section, the court shall notify the two persons of the
issuance or nonissuance of a warrant under this subsection.
{ + NOTE: + } Clarifies title in (3)(b).
SECTION 236. ORS 426.127 is amended to read:
426.127. The following provisions are applicable to outpatient
commitment under ORS 426.130 as described:
(1) The Department of Human Services may only place a person in
an outpatient commitment if an adequate treatment facility is
available.
(2) Conditions for the outpatient commitment shall be set at
the time of the hearing under ORS 426.095 by the community mental
health and developmental disabilities program director, or a
designee for the director, for the county in which the hearing
takes place. The conditions shall include, but not be limited to,
the following:
(a) Provision for outpatient care.
(b) A designation of a facility, service or other provider to
provide care or treatment.
(3) A copy of the conditions shall be given to all of the
persons described in ORS 426.278.
(4) Any outpatient commitment ordered under this section is
subject to the provisions under ORS 426.275.
(5) The community mental health and developmental disabilities
program director or designee, for the county where a person is on
outpatient commitment, may modify the conditions for outpatient
commitment when a modification is in the best interest of the
person. The { + community mental health and developmental
disabilities program + } director or designee shall send
notification of such changes and the reasons for the changes to
all those who received a copy of the original conditions under
ORS 426.278.
{ + NOTE: + } Clarifies title in (5).
SECTION 237. ORS 426.237 is amended to read:
426.237. (1) During a prehearing period of detention as
provided in ORS 426.070, 426.140, 426.232 or 426.233, the
community mental health and developmental disabilities program
director shall do one of the following:
(a) Recommend, in an investigation report as provided in ORS
426.074, that the circuit court not proceed further in the matter
if the community mental health and developmental disabilities
program director does not believe the person is a mentally ill
person.
(b) No later than three judicial days after initiation of a
prehearing period of detention as provided in ORS 426.070,
426.140, 426.232 or 426.233, certify the detained person for a
14-day period of intensive treatment if:
(A) The community mental health and developmental disabilities
program director and a psychiatrist, as defined by rule by the
Department of Human Services, have probable cause to believe the
person is a mentally ill person;
(B) The community mental health and developmental disabilities
program director in the county where the person resides verbally
approves the arrangements for payment for the services at the
hospital or nonhospital facility; and
(C) The community mental health and developmental disabilities
program director locates a hospital or nonhospital facility that:
(i) Is approved by the department and the community mental
health and developmental disabilities program director in the
county where the person resides; and
(ii) Can, in the opinion of the community mental health and
developmental disabilities program director and the psychiatrist,
provide intensive care or treatment for mental illness necessary
and sufficient to meet the emergency psychiatric needs of the
person.
(c) Recommend, in an investigation report as provided in ORS
426.074, that the circuit court hold a hearing under ORS 426.070
to 426.130 if the community mental health and developmental
disabilities program director has probable cause to believe the
person is a mentally ill person.
(2)(a) If the circuit court adopts the recommendation of the
community mental health and developmental disabilities program
director under subsection (1)(a) of this section, the circuit
court shall enter an order releasing the person and dismissing
the case. Unless the person agrees to voluntary treatment, if the
person is being detained in a:
(A) Nonhospital facility, the { + community mental health and
developmental disabilities program + } director shall make
discharge plans and insure the discharge of the person.
(B) Hospital, the treating physician shall make discharge plans
and discharge the person.
(b) Upon release of the person, the community mental health and
developmental disabilities program director shall attempt to
notify the person's next of kin if the person consents to the
notification.
(3)(a) If the detained person is certified for treatment under
subsection (1)(b) of this section, the community mental health
and developmental disabilities program director shall:
(A) Deliver immediately a certificate to the court having
jurisdiction under ORS 426.060; and
(B) Orally inform the person of the certification and deliver a
copy of the certificate to the person.
(b) The certificate required by paragraph (a) of this
subsection shall include:
(A) A written statement under oath by the community mental
health and developmental disabilities program director and the
psychiatrist that they have probable cause to believe the person
is a mentally ill person in need of care or treatment for mental
illness;
(B) A treatment plan that describes, in general terms, the
types of treatment and medication to be provided to the person
during the 14-day period of intensive treatment;
(C) A notice of the person's right to an attorney and that an
attorney will be appointed by the court or as otherwise obtained
under ORS 426.100 (3);
(D) A notice that the person has a right to request and be
provided a hearing under ORS 426.070 to 426.130 at any time
during the 14-day period; and
(E) The date and time the copy of the certificate was delivered
to the person.
(c) Immediately upon receipt of a certificate under paragraph
(a) of this subsection, the court shall notify the person's
attorney or appoint an attorney for the person if the person
cannot afford one. Within 24 hours of the time the certificate is
delivered to the court, the person's attorney shall review the
certificate with the person. If the person and the person's
attorney consent to the certification within one judicial day of
the time the certificate is delivered to the circuit court and,
except as provided in subsection (4) of this section, the court
shall postpone the hearing required by ORS 426.070 to 426.130 for
14 days.
(d) When a person is certified for treatment under subsection
(1)(b) of this section and accepts the certification:
(A) Except as otherwise provided in this paragraph, all methods
of treatment, including the prescription and administration of
drugs, shall be the sole responsibility of the treating
physician. However, the person shall not be subject to
electroshock therapy or unduly hazardous treatment and shall
receive usual and customary treatment in accordance with medical
standards in the community.
(B) Except when the person expressly refuses treatment, the
treating physician shall treat the person within the scope of the
treatment plan provided the person under paragraph (b) of this
subsection. The person's refusal of treatment constitutes
sufficient grounds for the community mental health and
developmental disabilities program director to request a hearing
as provided in subsection (4)(a) of this section.
(C) If the person is in a hospital and the community mental
health and developmental disabilities program director locates a
nonhospital facility, approved by the department, that, in the
opinion of the community mental health and developmental
disabilities program director and the treating physician, can
provide care or treatment for mental illness necessary and
sufficient to meet the emergency psychiatric needs of the person,
the treating physician shall discharge the person from the
hospital and the community mental health and developmental
disabilities program director shall remove the person to the
nonhospital facility for the remainder of the 14-day intensive
treatment period. If, however, in the opinion of the treating
physician, the person's condition requires the person to receive
medical care or treatment, the physician shall retain the person
in the hospital.
(D) If the person is in a nonhospital facility, the community
mental health and developmental disabilities program director
shall transfer the person to a hospital approved by the
department under the following conditions:
(i) If, in the opinion of a physician, the person's condition
requires the person to receive medical care or treatment in a
hospital; and
(ii) The physician agrees to admit the person to a hospital,
approved by the department, where the physician has admitting
privileges.
(E) If the person is transferred as provided in subparagraph
(C) or (D) of this paragraph, the community mental health and
developmental disabilities program director shall notify the
circuit court, in the county where the certificate was filed, of
the location of the person. The person may appeal the transfer as
provided by rules of the department.
(e) If the person is in a hospital, the treating physician may
discharge the person at any time during the 14-day period. The
treating physician shall confer with the community mental health
and developmental disabilities program director and the person's
next of kin, if the person consents to the consultation, prior to
discharging the person. Immediately upon discharge of the person,
the treating physician shall notify the court in the county in
which the certificate was filed initially.
(f) If the person is in a nonhospital facility, the community
mental health and developmental disabilities program director may
discharge the person at any time during the 14-day period. The
community mental health and developmental disabilities program
director shall consult with the treating physician and the
person's next of kin, if the person consents to the consultation,
prior to discharging the person. Immediately upon discharge of
the person, the community mental health and developmental
disabilities program director shall notify the court in the
county in which the certificate was filed initially.
(g) The person may agree to voluntary treatment at any time
during the 14-day period. When a person agrees to voluntary
treatment under this paragraph, the community mental health and
developmental disabilities program director immediately shall
notify the court in the county in which the certificate was filed
initially.
(h) A person consenting to 14 days of treatment under
subsection (3)(c) of this section shall not be held longer than
14 days from the time of consenting without a hearing as provided
in ORS 426.070 to 426.130.
(i) When the court receives notification under paragraph (e),
(f) or (g) of this subsection, the court shall dismiss the case.
(4) The judge of the circuit court shall immediately commence
proceedings under ORS 426.070 to 426.130 when:
(a) The person consenting to 14 days of treatment or the
community mental health and developmental disabilities program
director requests a hearing. The hearing shall be held without
unreasonable delay. In no case shall the person be held in a
hospital or nonhospital facility longer than five judicial days
after the request for a hearing is made without a hearing being
held under ORS 426.070 to 426.130.
(b) The community mental health and developmental disabilities
program director acts under subsection (1)(c) of this section. In
no case shall the person be held longer than five judicial days
without a hearing under this subsection.
{ + NOTE: + } Clarifies title in (2)(a)(A).
SECTION 238. ORS 426.395 is amended to read:
426.395. A simple and clear statement of rights guaranteed to
patients committed to the { - division - } { + Department of
Human Services + } shall be prominently posted in each room
frequented by patients in all facilities housing such patients. A
copy of the statement shall be given to each patient upon
admission and sent, upon request, to the legal counsel, guardian,
relative or friend of the patient.
{ + NOTE: + } Conforms to statutory naming scheme.
SECTION 239. ORS 430.368 is amended to read:
430.368. (1) Any alcohol and drug abuse prevention, early
intervention and treatment service, including but not limited to
minority programs, aggrieved by any final action of an applicant
with regard to requesting funding for the program from the
Department of Human Services, may appeal the applicant's action
to the Director of { - the department - } { + Human
Services + } within 30 days of the action. For the purposes of
this section 'final action ' means the submission of the
applicant's compiled funding requests to the department. The
director shall review, in consultation with the Governor's
Council on Alcohol and Drug Abuse Programs, all appealed actions
for compliance with the purposes and requirements of ORS 430.306,
430.338 to 430.380, 471.810, 473.030 and 473.050, including but
not limited to ORS 430.338 (5).
(2) The director shall act on all appeals within 60 days of
filing, or before the time of the department's decision on the
applicant's funding request, whichever is less. The director is
not required to follow procedures for hearing a contested case,
but shall set forth written findings justifying the action. The
decision of the director shall be final, and shall not be subject
to judicial review.
{ + NOTE: + } Clarifies title in (1).
SECTION 240. ORS 430.763 is amended to read:
430.763. Notwithstanding the provisions of ORS 192.410 to
192.505, the names of persons who made reports of abuse,
witnesses of alleged abuse and the affected adults and materials
under ORS 430.747 maintained under the provisions of ORS 430.757
are confidential and are not accessible for public inspection.
However, the Department of Human Services shall make this
information and any investigative report available to any law
enforcement agency, to any public agency that licenses or
certifies facilities or licenses or certifies the persons
practicing therein and to any public agency providing protective
services for the adult, if appropriate. The department shall also
make this information and any investigative report available to
any private agency providing protective services for the adult
and to the protection and advocacy system for the affected adults
designated pursuant to { - 42 U.S.C. 6012 - } { + 42 U.S.C.A.
15041 et seq + }. When this information and any investigative
report is made available to a private agency, the confidentiality
requirements of this section apply to the private agency.
{ + NOTE: + } Corrects federal citation.
SECTION 241. ORS 431.230 is amended to read:
431.230. (1) The Director of Human Services may request the
Oregon Department of Administrative Services to, and when so
requested, the Oregon Department of Administrative Services
shall, draw a payment on the Public Health Account in favor of
the Director of Human Services in a sum not exceeding $25,000,
which sum shall be used by the director as an emergency or
revolving fund.
(2) The emergency or revolving fund shall be deposited with the
State Treasurer, and shall be at the disposal of the Director of
Human Services. It may be used to pay advances for salaries,
travel expenses or any other proper claim against, or expense of,
{ - the Health Division, - } the Department of Human Services
or the health-related licensing boards for whom the department
provides accounting services.
(3) Claims for reimbursement of advances paid from the
emergency or revolving fund shall be submitted to the department
for approval. When such claims are so approved, payments covering
them shall be drawn in favor of the Director of Human Services
and charged against the appropriate fund or account, and shall be
used to reimburse the emergency or revolving fund.
(4) The department may establish petty cash funds within the
emergency or revolving fund by drawing checks upon the emergency
or revolving fund payable to the custodians of the petty cash
funds.
{ + NOTE: + } Reflects statutory naming scheme in (2).
SECTION 242. ORS 431.418 is amended to read:
431.418. (1) Each district board of health shall appoint a
qualified public health administrator to supervise the activities
of the district in accordance with law. Each county governing
body in a county that has created a county board of health under
ORS 431.412 shall appoint a qualified public health administrator
to supervise the activities of the county health department in
accordance with law. In making such appointment, the district or
county board of health shall consider standards for selection of
administrators prescribed by the Department of Human Services.
(2) { - Where - } { + When + } the public health
administrator is a physician licensed by the Board of Medical
Examiners for the State of Oregon, the administrator shall serve
as health officer for the district or county board of health.
{ - Where - } { + When + } the public health administrator is
not a physician licensed by the Board of Medical Examiners for
the State of Oregon, the administrator will employ or otherwise
contract for services with a health officer who shall be a
licensed physician and who will perform those specific medical
responsibilities requiring the services of a physician and shall
be responsible to the public health administrator for the medical
and paramedical aspects of the health programs.
(3) The public health administrator shall:
(a) Serve as the executive secretary of the district or county
health board, act as the administrator of the district or county
health department and supervise the officers and employees
appointed under paragraph (b) of this subsection.
(b) Appoint with the approval of the health board,
administrators, medical officers, public health nurses,
sanitarians and such other employees as are necessary to carry
out the duties and responsibilities of the office.
(c) Provide the board at appropriate intervals information
concerning the activities of the { + county health + }
department and submit an annual budget for the approval of the
county governing body except that, in the case of the district
public health administrator, the budget shall be submitted to the
governing bodies of the participating counties for approval.
(d) Act as the agent of the Department of Human Services in
enforcing state public health laws and rules of the Department of
Human Services, including such sanitary inspection of hospitals
and related institutions as may be requested by the Department of
Human Services.
(e) Perform such other duties as may be required by law.
(4) The public health administrator shall serve until removed
by the appointing board. The public health administrator shall
engage in no occupation which conflicts with official duties and
shall devote sufficient time to duties as public health
administrator as may be necessary to fulfill the requirements of
subsection (3) of this section. However, if the board of health
is not created under ORS 431.412, it may, with the approval of
the Director of Human Services, require less than full-time
service of the public health administrator.
(5) The public health administrator shall receive a salary
fixed by the appointing board and shall be reimbursed for actual
and necessary expenses incurred in the performance of duties.
{ + NOTE: + } Corrects word choice in (2); clarifies agency
reference in (3)(c).
SECTION 243. ORS 432.500 is amended to read:
432.500. As used in ORS 432.510 to 432.550 and 432.900:
{ - (1) 'Division' means the Health Division of the
Department of Human Services or its authorized
representative. - }
{ - (2) - } { + (1) + } 'Health care facility' means a
hospital, as defined in ORS 442.015 (19), or an ambulatory
surgical center, as defined in ORS 442.015.
{ - (3) - } { + (2) + } 'Practitioner' means any person
whose professional license allows the person to diagnose or treat
cancer in patients.
{ + NOTE: + } Deletes outdated definition.
SECTION 244. ORS 433.035 is amended to read:
433.035. (1) Whenever the Director of Human Services or any
local public health administrator reasonably believes any person
within the jurisdiction of the director or local public health
administrator has any communicable disease identified by rule of
the Department of Human Services to be a reportable disease, the
director or local public health administrator may cause a medical
examination to be made of such person to determine whether the
person has a communicable disease. The person who orders an
examination pursuant to this section shall, in the order, make
written findings stating the communicable disease that the person
ordering the examination believes the person has, the reasons for
that belief, that medical or laboratory confirmation of the
disease is feasible and possible and that such confirmation would
enable control measures to be taken to minimize infection of
others with the disease. The order shall also include a statement
that the person may refuse to submit to the examination and that
if so, a public health measure may be imposed.
(2) When any person is directed to submit to an examination
under subsection (1) of this section and the person agrees to do
so, the person shall submit to such examination as may be
necessary to establish the presence or absence of the
communicable disease for which the medical examination was
directed. The examination shall be carried out by the local
health officer or a physician licensed by the Board of Medical
Examiners for the State of Oregon or the { - Naturopathic - }
Board of { + Naturopathic + } Examiners. A written report of the
results of such examination shall be made to the person ordering
the examination. Laboratory examinations, if any, shall be
carried out by the laboratory of the department whenever such
examinations are within the scope of the tests conducted by the
laboratory. If treatment is needed, the person, the parent or
guardian of the person shall be liable for the costs of treatment
based on the examination carried out under this section, when
able to pay such costs. Cost of any examination performed by a
physician in private practice shall be paid from public funds
available to the local public health administrator, if any, or
from county funds available for general governmental expenses in
the county for which the local public health administrator serves
or in the county where the person examined resides if the local
public health administrator serves more than one county or the
examination was ordered by the director.
(3) If the person directed to submit to a medical examination
pursuant to subsection (1) of this section refuses to do so the
director or the local public health administrator may impose a
public health measure pursuant to ORS 433.019, 433.022 and
433.106.
(4) In any proceeding under ORS 433.019, 433.022 and 433.106,
the lack of confirming medical or laboratory evidence that could
be obtained by an examination which was refused when requested
under this section shall not preclude a finding that probable
cause exists.
{ + NOTE: + } Corrects title in (2).
SECTION 245. ORS 433.045 is amended to read:
433.045. (1) Except as provided in ORS { + 433.055 (3) and + }
433.080, no person shall subject the blood of an individual to an
HIV test without first obtaining informed consent as described in
subsection (2) or (7) of this section.
(2) A physician licensed under ORS chapter 677 shall comply
with the requirement of subsection (1) of this section through
the procedure in ORS 677.097. Any other licensed health care
provider or facility shall comply with the requirement of
subsection (1) of this section through a procedure substantially
similar to that specified in ORS 677.097. Any other person shall
comply with this requirement through use of such forms,
procedures and educational materials as the Department of Human
Services shall specify.
(3) Regardless of the manner of receipt or the source of the
information, including information received from the tested
individual, no person shall disclose or be compelled to disclose
the identity of any individual upon whom an HIV-related test is
performed, or the results of such a test in a manner which
permits identification of the subject of the test, except as
required or permitted by federal law, the law of this state or
any rule, including any Department of Human Services rule
considered necessary for public health or health care purposes,
or as authorized by the individual whose blood is tested.
(4) Any person who complies with the requirements of this
section shall not be subject to an action for civil damages.
(5) An HIV test shall be considered diagnosis of venereal
disease for purposes of ORS 109.610.
(6) As used in this section:
(a) 'HIV test' means a test of an individual for the presence
of human immunodeficiency virus (HIV), or for antibodies or
antigens that result from HIV infection, or for any other
substance specifically indicating infection with HIV.
(b) 'Person' includes but is not limited to any health care
provider, health care facility, clinical laboratory, blood or
sperm bank, insurer, insurance agent, insurance-support
organization, as defined in ORS 746.600, government agency,
employer, research organization or agent of any of them. For
purposes of subsection (3) of this section, 'person' does not
include an individual acting in a private capacity and not in an
employment, occupational or professional capacity.
(7) Whenever an insurer, insurance agent or insurance support
organization asks an applicant for insurance to take an HIV test
in connection with an application for insurance, the use of such
a test must be revealed to the applicant and the written consent
thereof obtained. The consent form shall disclose the purpose of
the test and the persons to whom the results may be disclosed.
{ + NOTE: + } Recognizes additional exception in (1).
SECTION 246. ORS 433.235 is amended to read:
433.235. As used in ORS 433.235 to 433.284:
(1) 'Administrator' means the principal or other person having
general control and supervision of a school or children's
facility.
(2) 'Children's facility' or 'facility' means:
(a) A certified child care facility as described in ORS
657A.030 and 657A.250 to 657A.450, except as exempted by rule of
the Department of Human Services;
(b) A program operated by, or sharing the premises with, a
certified child care facility, school or post-secondary
institution where care is provided to children, six weeks of age
to kindergarten entry, except as exempted by rule of the
department; or
(c) A program providing child care or educational services to
children, six weeks of age to kindergarten entry, in a
residential or nonresidential setting, except as exempted by rule
of the department.
(3) 'Local health department' means the district or county
board of health, public health officer, public health
administrator or health department having jurisdiction within the
area.
(4) 'Parent' means a parent or guardian of a child or any adult
responsible for the child.
(5) 'Physician' means a physician licensed by the Board of
Medical Examiners for the State of Oregon or by the
{ - Naturopathic - } Board of { + Naturopathic + } Examiners or
a physician similarly licensed by another state or country in
which the physician practices or a commissioned medical officer
of the Armed Forces or Public Health Service of the United
States.
(6) 'School' means a public, private or parochial school
offering kindergarten through grade 12 or any part thereof,
except as exempted by rule of the Department of Human Services.
{ + NOTE: + } Corrects title in (5).
SECTION 247. ORS 436.255 is amended to read:
436.255. (1) Upon such a petition for determination of ability
to give informed consent, the court shall assign a time, not
later than 30 days thereafter, and a place for hearing the
petition.
(2) The court may, at its discretion, hold a hearing on the
petition at a place other than the courtroom if it would
facilitate the presence of the respondent. The court shall cause
a copy of the petition and notice of the hearing to be served on
the respondent and the respondent's parent, legal guardian or
conservator, if any, at least 14 days prior to the hearing date.
Notice is also required to the following:
(a) The spouse of the respondent, if any;
(b) The sibling of the respondent if there are no living
parents;
(c) The officially designated State Office of Protection and
Advocacy under { - 40 U.S.C. 6012 - } { + 42 U.S.C.A. 15041
et seq. + }; and
(d) Such other persons as the court may determine have an
interest in the respondent.
(3) If the parent or legal guardian of the respondent is not a
resident of this state, notice may be served by registered mail
or by certified mail with return receipt. If the residence of the
respondent's parent or legal guardian is unknown, an affidavit so
stating shall be filed in lieu of service.
{ + NOTE: + } Corrects federal citation in (2)(c).
SECTION 248. ORS 436.335 is amended to read:
436.335. (1) The disposition of all cases under this chapter
shall be reported to the State Court Administrator. The State
Court Administrator shall forward any reported information to the
officially designated State Office of Protection and Advocacy
under { - 42 U.S.C. 6012 - } { + 42 U.S.C.A. 15041 et
seq + }.
(2) The officially designated State Office of Protection and
Advocacy under { - 42 U.S.C. 6012 - } { + 42 U.S.C.A. 15041
et seq. + } shall review biennially all cases pertaining to
sterilization under this chapter and shall report to the
Legislative Assembly its assessment of the need for any changes
in the procedures or standards set forth in this chapter.
{ + NOTE: + } Corrects federal citations.
SECTION 249. ORS 441.015 is amended to read:
441.015. (1) { - After July 1, 1947, - } No person or
governmental unit, acting severally or jointly with any other
person or governmental unit, shall establish, conduct, maintain,
manage or operate a health care facility or health maintenance
organization, as defined in ORS 442.015, in this state without a
license.
(2) Any health care facility or health maintenance organization
which is in operation at the time of promulgation of any
applicable rules or minimum standards under ORS 441.055 or
731.072 shall be given a reasonable length of time within which
to comply with such rules or minimum standards.
{ + NOTE: + } Deletes obsolete provision in (1).
SECTION 250. ORS 441.087 is amended to read:
441.087. (1) The Department of Human Services shall, in
addition to any inspections conducted pursuant to complaints
filed against long term care facilities, conduct at least one
general inspection of each long term care facility in the state
each calendar year, including, but not limited to, entering the
facility, interviewing residents and reviewing records. No
advance notice shall be given of any inspection conducted
pursuant to this section.
(2) Any state employee giving advance notice in violation of
subsection (1) of this section shall be suspended from all duties
without pay for a period of at least 10 working days, or for a
longer period as determined by the { - assistant director of
the department - } { + Director of Human Services + }.
{ + NOTE: + } Reflects statutory name change in (2).
SECTION 251. Section 1, chapter 972, Oregon Laws 2001, is
amended to read:
{ + Sec. 1. + } (1) The Department of Human Services shall
establish a demonstration project to:
(a) Evaluate alternate approaches to licensing and regulating
nursing homes in order to improve the quality of long term care
services to residents of nursing homes;
(b) Improve the performance of nursing homes on state and
federal licensing surveys; and
(c) Use state resources allocated for the regulation of nursing
homes more efficiently and effectively.
(2) The goals of the demonstration project are to:
(a) Improve the quality of services for residents of nursing
homes;
(b) Increase the percentage of nursing homes that are in
substantial compliance with licensing requirements;
(c) Decrease the adversarial nature of the regulatory process
by making it more collaborative;
(d) Provide training and technical assistance to administrators
and staff of nursing homes;
(e) Offer forums for nursing home administrators and staff to
share information; and
(f) Develop alternate approaches to achieve regulatory
compliance.
(3)(a) The department shall apply to the federal { - Health
Care Financing Administration - } { + Centers for Medicare and
Medicaid Services + } for a waiver of federal regulations in
order to conduct licensing surveys of nursing homes participating
in the demonstration project at irregular intervals.
(b) Notwithstanding ORS 441.087 (1), upon receipt of the
federal waiver, the department may:
(A) Use a varied licensing survey schedule for nursing homes
participating in the demonstration project; and
(B) Conduct additional licensing surveys as needed, including
but not limited to the following circumstances:
(i) Change of ownership or management of the nursing home;
(ii) Change of administrator or director of nursing services;
or
(iii) Multiple substantiated complaint investigations.
{ + NOTE: + } Corrects name of federal agency in (3)(a).
SECTION 252. Section 5, chapter 972, Oregon Laws 2001, is
amended to read:
{ + Sec. 5. + } Sections 1 and 4 { + , chapter 972, Oregon
Laws 2001, + } { - of this 2001 Act - } become operative when
the Director of Human Services receives a waiver from the federal
{ - Health Care Financing Administration - } { + Centers for
Medicare and Medicaid Services + } to conduct licensing surveys
of nursing homes in the demonstration project at irregular
intervals, adopts rules under section 3 { + , chapter 972, Oregon
Laws 2001, + } { - of this 2001 Act - } and files a copy of
the rules with the Secretary of State, as prescribed by ORS
183.310 to 183.550.
{ + NOTE: + } Corrects name of federal agency.
SECTION 253. ORS 441.124 is amended to read:
441.124. (1) The Long Term Care Ombudsman shall prepare and
distribute to each long term care facility in this state a
written notice describing the procedures to follow in making a
complaint, including the address and telephone number of the
ombudsman and local designee, if any.
(2) { - Within 60 days after November 1, 1981, - } The
administrator of each long term care facility shall post the
written notice required by this section in conspicuous places in
the facility in accordance with procedures provided by the
ombudsman and shall give such notice to any resident and legally
appointed guardian, if any.
{ + NOTE: + } Eliminates dated provision.
SECTION 254. ORS 441.277 is amended to read:
441.277. As used in ORS 441.277 to 441.323:
(1) 'Department' means the Department of Human Services.
(2) 'Director' means { + the + } Director of Human Services.
(3) 'Facility' means a long term care facility as defined in
ORS 442.015 or a residential care facility as defined in ORS
443.400. Facilities licensed under ORS 418.205 to 418.325 by the
department are exempt from ORS 441.277 to 441.323.
(4) 'Monitor' means an agent of the director designated by the
director to observe the operation of a facility.
{ + NOTE: + } Corrects grammar in (2).
SECTION 255. ORS 441.303 is amended to read:
441.303. (1) To establish and maintain a fund to meet expenses
of a trustee if moneys collected under ORS 441.289 and 441.293
are insufficient, the Department of Human Services shall require
a payment equal to the equivalent of the annual license fee for
the facility. The payment shall be due annually on a date fixed
by the department and enforced in the same manner as the license
fee for the particular facility is payable and enforceable. The
amount of payments shall be set so as to acquire in the account
the $300,000 described in subsection (3) of this section at the
end of six years from the initial payment year.
(2) Funds collected under this section and, notwithstanding ORS
293.140, all interest earned on cash balances thereof invested by
the State Treasurer shall be maintained as a fund in the State
Treasury, separate and distinct from the General Fund, and are
continuously appropriated { - and disbursed - } to the
department to pay the expenses of the trust.
(3) Whenever the fund established under this section reaches
$300,000, the department shall discontinue collecting the payment
described in subsection (1) of this section. However, whenever
the fund falls below $300,000, the department shall reinstitute
the payment described in subsection (1) of this section until the
fund is restored to $300,000. If the amount collected would raise
more than required, the department shall prorate the payment of
each facility so as to raise no more than required. The
department may use reasonable amounts from the fund necessary to
administer the fund.
(4) Whenever the department is required to use any amount in
the fund to operate a facility under ORS 441.289 and 441.293, the
amount used shall constitute a loan to the facility and shall be
repayable to the fund under such terms and conditions as the
facility and the department agree. The rate of interest shall be
set by the department to reflect the prevailing market rate on
similar loans. The interest shall be credited to the separate
fund described in subsection (2) of this section.
(5) The assessment imposed under this section shall be
considered an allowable cost in setting the reimbursement rates
of a facility by the department.
(6) The court may order that the trustee file an undertaking
with the clerk of the court. The fund collected under this
section may serve as surety for the undertaking.
{ + NOTE: + } Conforms appropriation provision to legislative
style in (2).
SECTION 256. ORS 441.705 is amended to read:
441.705. { + As used in ORS 441.705 to 441.745: + }
{ + (1) 'Direct patient care or feeding' means any care
provided directly to or for any patient related to that patient's
physical, medical and dietary well-being as defined by rules of
the Department of Human Services. + }
{ - (1) - } { + (2) + } 'Person' means a licensee under ORS
441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820,
441.990, 442.342, 442.344 and 442.400 to 442.463, or a person
whom the Director of Human Services finds should be so licensed
but is not, but does not include any employee of such licensee or
person.
{ - (2) 'Direct patient care or feeding' means any care
provided directly to or for any patient related to that patient's
physical, medical and dietary well-being as defined by rules of
the Department of Human Services. - }
(3) 'Staff to patient ratio' means the number and training of
persons providing direct patient care as defined in rules of the
department.
{ + NOTE: + } Clarifies applicability of definitions;
alphabetizes definitions.
SECTION 257. ORS 441.712 is amended to read:
441.712. (1) Any civil penalty under ORS 441.710 shall be
imposed in the manner provided by ORS 183.090.
(2) Notwithstanding ORS 183.090, the person to whom the notice
is addressed shall have 10 days from the date of service of the
notice in which to make written application for a hearing before
the { - assistant director - } { + Director of Human
Services + }.
{ + NOTE: + } Reflects statutory name change in (2).
SECTION 258. ORS 442.315 is amended to read:
442.315. (1) Any new hospital or new skilled nursing or
intermediate care service or facility not excluded pursuant to
ORS 441.065 shall obtain a certificate of need from the
{ - Health Division - } { + Department of Human Services + }
prior to an offering or development.
(2) The { - division - } { + department + } shall adopt
rules specifying criteria and procedures for making decisions as
to the need for
{ - such - } { + the + } new services or facilities.
(3)(a) An applicant for a certificate of need shall apply to
the { - division - } { + department + } on forms provided for
this purpose
{ - which forms shall be established - } by { - division - }
{ + department + } rule.
(b) An applicant shall pay a fee prescribed as provided in this
section. Subject to the approval of the Oregon Department of
Administrative Services, the { - division - } { + Department
of Human Services + } shall prescribe application fees, based on
the complexity and scope of the proposed project.
(4) The { - division - } { + Department of Human
Services + } shall be the decision-making authority for the
purpose of certificates of need.
(5)(a) An applicant or any affected person who is dissatisfied
with the proposed decision of the { - division - } { +
department + } is entitled to an informal hearing in the course
of review and before a final decision is rendered.
(b) Following a final decision being rendered by the
{ - division - } { + department + }, an applicant or any
affected person may request a reconsideration hearing pursuant to
ORS 183.310 to 183.550.
(c) In any proceeding brought by an affected person or an
applicant challenging a { - division - } { + department + }
decision under this subsection, the { - division - } { +
department + } shall follow procedures consistent with the
provisions of ORS 183.310 to 183.550 relating to a contested
case.
(6) Once a certificate of need has been issued, it may not be
revoked or rescinded unless it was acquired by fraud or deceit.
However, if the { - division - } { + department + } finds
that a person is offering or developing a project that is not
within the scope of the certificate of need, the
{ - division - } { + department + } may limit the project as
specified in the issued certificate of need or reconsider the
application. A certificate of need is not transferable.
(7) Nothing in this section applies to any hospital, skilled
nursing or intermediate care service or facility that seeks to
replace equipment with equipment of similar basic technological
function or an upgrade that improves the quality or
cost-effectiveness of the service provided. Any person acquiring
such replacement or upgrade shall file a letter of intent for the
project in accordance with the rules of the { - division - }
{ + department + } if the price of the replacement equipment or
upgrade exceeds $1 million.
(8) Except as required in subsection (1) of this section for a
new hospital or new skilled nursing or intermediate care service
or facility not operating as a Medicare swing bed program,
nothing in this section requires a rural hospital as defined in
ORS 442.470 (5)(a)(A) and (B) to obtain a certificate of need.
(9) Nothing in this section applies to basic health services,
but basic health services do not include:
(a) Magnetic resonance imaging scanners;
(b) Positron emission tomography scanners;
(c) Cardiac catheterization equipment;
(d) Megavoltage radiation therapy equipment;
(e) Extracorporeal shock wave lithotriptors;
(f) Neonatal intensive care;
(g) Burn care;
(h) Trauma care;
(i) Inpatient psychiatric services;
(j) Inpatient chemical dependency services;
(k) Inpatient rehabilitation services;
(L) Open heart surgery; or
(m) Organ transplant services.
(10) In addition to any other remedy provided by law, whenever
it appears that any person is engaged in, or is about to engage
in, any acts { - which - } { + that + } constitute a
violation of this section, or any rule or order issued by the
{ - division - } { + department + } under this section, the
{ - division - } { + department + } may institute proceedings
in the circuit courts to enforce obedience to such statute, rule
or order by injunction or by other processes, mandatory or
otherwise.
(11) As used in this section, 'basic health services' means
health services offered in or through a hospital licensed under
ORS chapter 441, except skilled nursing or intermediate care
nursing facilities or services and those services specified in
subsection (9) of this section.
{ + NOTE: + } Reflects statutory name change; conforms syntax
to legislative style in (2), (3)(a) and (10).
SECTION 259. ORS 443.015 is amended to read:
443.015. { - On and after January 1, 1978, - } No public or
private agency or person shall establish, conduct or maintain a
home health agency or organization providing home health services
for compensation, or hold itself out to the public as a home
health agency or organization, without first obtaining a license
therefor from the Department of Human Services. The license shall
be renewable annually and is not transferable.
{ + NOTE: + } Expunges obsolete provision.
SECTION 260. ORS 443.738 is amended to read:
443.738. (1) Except as provided in subsection (3) of this
section, all providers, resident managers and substitute
caregivers for adult foster homes shall satisfactorily meet all
educational requirements established by the Department of Human
Services. After consultation with representatives of providers,
educators, residents' advocates and the Long Term Care Ombudsman,
the department shall adopt by rule standards governing the
educational requirements. The rules shall require that no person
may provide care to any resident prior to acquiring education or
supervised training designed to impart the basic knowledge and
skills necessary to maintain the health, safety and welfare of
the resident. Each provider shall document compliance with the
educational requirements for persons subject thereto.
(2) The rules required under subsection (1) of this section
shall include but need not be limited to the following:
(a) A requirement that, before being licensed, a provider
successfully completes training that satisfies a defined
curriculum, including demonstrations and practice in physical
caregiving, screening for care and service needs, appropriate
behavior towards residents with physical, cognitive and mental
disabilities and issues related to architectural accessibility;
and
(b) A requirement that a provider pass a test before being
licensed or becoming a resident manager. The test shall evaluate
the ability to understand and respond appropriately to emergency
situations, changes in medical conditions, physicians' orders and
professional instructions, nutritional needs, residents'
preferences and conflicts.
(3) After consultation with representatives of providers,
educators, residents' advocates and the Long Term Care Ombudsman,
the department may adopt by rule exceptions to the training
requirements of subsections (1) and (2) of this section for
persons who are appropriately licensed medical care professionals
in Oregon or who possess sufficient education, training or
experience to warrant an exception. The department shall not make
any exceptions to the testing requirements.
(4) The department may permit a person who has not completed
the training or passed the test required in subsection (2) of
this section to act as a resident manager until the training and
testing are completed or for 60 days, whichever is shorter, if
the department determines that an unexpected and urgent staffing
need exists. The licensed provider must notify the department of
the situation and demonstrate that the provider is unable to find
a qualified resident manager, that the person has met the
requirements for a substitute caregiver for the adult foster home
and that the provider will provide adequate supervision.
(5) Providers shall serve three nutritionally balanced meals to
residents each day. A menu for the meals for the coming week
shall be prepared and posted weekly.
(6) Providers shall make available at least six hours of
activities each week which are of interest to the residents, not
including television or movies. The department shall make
information about resources for activities available to providers
upon request. Providers or substitute caregivers shall be
directly involved with residents on a daily basis.
(7) Providers shall give at least 30 days' written notice to
the residents, and to the legal representative, guardian or
conservator of any resident, before selling, leasing or
transferring the adult foster home business or the real property
on which the adult foster home is located. Providers shall inform
real estate licensees, prospective buyers, lessees and
transferees in all written communications that the license to
operate an adult foster home is not transferable and shall refer
them to the department for information about licensing.
(8) If a resident dies, or leaves an adult foster home for
medical reasons and indicates in writing the intent to not
return, the provider shall not charge the resident for more than
15 days or the time specified in the provider contract, whichever
is less, after the resident has left the adult foster home. The
provider has an affirmative duty to take reasonable actions to
mitigate the damages by accepting a new resident. However, if a
resident dies or leaves an adult foster home due to neglect or
abuse by the provider or due to conditions of imminent danger to
life, health or safety, the provider shall not charge the
resident beyond the resident's last day in the home. The provider
shall refund any advance payments within 30 days after the
resident dies or leaves the adult foster home.
(9) Chemical and physical restraints may be used only after
considering all other alternatives and only when required to
treat a resident's medical symptoms or to maximize a resident's
physical functioning. Restraints may not be used for discipline
of a resident or for the convenience of the adult foster home.
Restraints may be used only as follows:
(a) Psychoactive medications may be used only pursuant to a
prescription that specifies the circumstances, dosage and
duration of use.
(b) Physical restraints may be used only pursuant to a
qualified practitioner's order that specifies the type,
circumstances and duration of use in accordance with rules
adopted by the department. The rules adopted by the department
relating to physical restraints shall include standards for use
and training.
(10) If the physical characteristics of the adult foster home
do not encourage contact between caregivers and residents and
among residents, the provider shall demonstrate how regular
positive contact will occur. Providers shall not place residents
who are unable to walk without assistance in a basement,
split-level, second story or other area that does not have an
exit at ground level. Nonambulatory residents shall be given
first floor rooms.
(11) { + (a) + } The provider shall not transfer or discharge a
resident from an adult foster home unless the transfer or
discharge is necessary for medical reasons, for the welfare of
the resident or for the welfare of other residents, or due to
nonpayment. In such cases, the provider shall give the resident
written notice as soon as possible under the circumstances.
{ - (a) - } { + (b) + } The provider shall give the
resident and the resident's legal representative, guardian or
conservator written notice at least 30 days prior to the proposed
transfer or discharge, except in a medical emergency including
but not limited to a resident's experiencing an increase in level
of care needs or engaging in behavior that poses an imminent
danger to self or others. In such cases, the provider shall give
the resident written notice as soon as possible under the
circumstances.
{ - (b) - } { + (c) + } The resident shall have the right
to an administrative hearing prior to an involuntary transfer or
discharge. If the resident is being transferred or discharged for
a medical emergency, or to protect the welfare of the resident or
other residents, as defined by rule, the hearing must be held
within seven days of the transfer or discharge. The provider
shall hold a space available for the resident pending receipt of
an administrative order. ORS 441.605 (4) and the rules thereunder
governing transfer notices and hearings for residents of long
term care facilities shall apply to adult foster homes.
(12) The provider shall not include any illegal or
unenforceable provision in a contract with a resident and shall
not ask or require a resident to waive any of the resident's
rights.
(13) Any lessor of a building in which an adult foster home is
located shall not interfere with the admission, discharge or
transfer of any resident in the adult foster home unless the
lessor is a provider or coprovider on the license.
{ + NOTE: + } Conforms structure in (11) to legislative
style.
SECTION 261. ORS 443.739 is amended to read:
443.739. Residents of adult foster homes have the following
rights. Providers shall guarantee these rights and help residents
exercise them. The provider shall post a copy of the Residents'
Bill of Rights in the entry or other equally prominent place in
the adult foster home. The Residents' Bill of Rights states that
each resident of an adult foster home has the right to:
(1) Be treated as an adult, with respect and dignity.
(2) Be informed of all resident rights and all house rules.
(3) Be encouraged and assisted to exercise legal rights,
including the right to vote.
(4) Be informed of the resident's medical condition and the
right to consent to or refuse treatment.
(5) Receive appropriate care and services, and prompt medical
care as needed.
(6) A safe and secure environment.
(7) Be free from mental and physical abuse.
(8) Be free from chemical or physical restraints except as
ordered by a physician or other qualified practitioner.
(9) Complete privacy when receiving treatment or personal care.
(10) Associate and communicate privately with any person the
resident chooses.
(11) Send and receive personal mail unopened.
(12) Participate in activities of social, religious and
community groups.
(13) Have medical and personal information kept confidential.
(14) Keep and use a reasonable amount of personal clothing and
belongings, and to have a reasonable amount of private, secure
storage space.
(15) Manage the resident's own money and financial affairs
unless legally restricted.
(16) Be free from financial exploitation. The provider shall
not charge or ask for application fees or nonrefundable deposits
and shall not solicit, accept or receive money or property from a
resident other than the amount agreed to for services.
(17) A written agreement regarding the services to be provided
and the rate schedule to be charged. The provider must give 30
days' written notice before any change in the rates or the
ownership of the home.
(18) Not to be transferred or moved out of the adult foster
home without 30 days' advance written notice and an opportunity
for a hearing. A provider may transfer or discharge a resident
only for medical reasons including a medical emergency described
in ORS 443.738 { - (11)(a) - } { + (11)(b) + }, or for the
welfare of the resident or other residents, or for nonpayment.
(19) Be free of discrimination in regard to race, color,
national origin, sex or religion.
(20) Make suggestions and complaints without fear of
retaliation.
{ + NOTE: + } Adjusts (18) for renumbering; see section 260
(amending 443.738).
SECTION 262. ORS 443.740 is amended to read:
443.740. (1) The Department of Human Services shall maintain
current information on all licensed adult foster homes and shall
make that information available to prospective residents and
other interested members of the public at local
{ - division - } { + department + } offices or area agencies
on aging licensing offices throughout the state.
(2) The information shall include:
(a) The location of the adult foster home;
(b) A brief description of the physical characteristics of the
home;
(c) The name and mailing address of the provider;
(d) The license classification of the home and the date the
provider was first licensed to operate that home;
(e) The date of the last inspection, the name and telephone
number of the office that performed the inspection and a summary
of the findings;
(f) Copies of all complaint investigations involving the home,
together with the findings of the department, the actions taken
by the department and the outcome of the complaint investigation;
(g) An explanation of the terms used in the investigation
report;
(h) Any license conditions, suspensions, denials, revocations,
civil penalties, exceptions or other actions taken by the
department involving the home; and
(i) Whether care is provided primarily by the licensed
provider, a resident manager or other arrangement.
(3) Any list of adult foster homes maintained or distributed by
the department or a local licensing office shall include
notification to the reader of the availability of public records
concerning the homes.
{ + NOTE: + } Reflects statutory name change in (1).
SECTION 263. ORS 443.795 is amended to read:
443.795. (1) Any civil penalty under ORS 443.790 shall be
imposed as provided in ORS 183.090.
(2) Notwithstanding ORS 183.090, the person to whom the notice
is addressed shall have 10 days from the date of service of the
notice in which to make written application for a hearing before
the Director of Human Services.
(3) The Department of Human Services shall conduct the hearing
and issue the final order within 180 days after any hearing
request { - made after September 29, 1991 - } .
{ + NOTE: + } Deletes archaic provision in (3).
SECTION 264. ORS 443.860 is amended to read:
443.860. (1) Except as provided in subsections (3) and (4) of
this section, no person shall establish, conduct or maintain a
hospice program providing hospice services, or hold itself out to
the public as a hospice program, without:
(a) Certification by the federal { - Health Care Financing
Administration - } { + Centers for Medicare and Medicaid
Services + } as a program of hospice services meeting standards
for Medicare reimbursement;
(b) Accreditation by the Oregon Hospice Association; or
(c) Accreditation by the Joint Commission on Accreditation of
Healthcare Organizations as a program of hospice services.
(2) The Oregon Hospice Association may accredit hospices which
are not members of the Oregon Hospice Association.
(3) Any person who is in the process of developing a hospice
program may use the term 'hospice' to describe and refer to the
program of services during its development for up to two years.
However, no hospice services to patients or their families shall
be provided by a hospice until accreditation or certification is
obtained.
(4) Any person may operate a hospice program for a period of
not more than 90 consecutive days if the federal { - Health
Care Financing Administration - } { + Centers for Medicare and
Medicaid Services + } or the Oregon Hospice Association
acknowledges in writing that accreditation or certification is
pending and the Oregon Hospice Association authorizes that
operations may commence.
(5) A certified or accredited hospice need not obtain a license
pursuant to ORS 443.015 unless it meets the definition of a home
health agency and receives direct compensation for home health
care services from the patient, insurers, Medicare or Medicaid.
Compensation paid to licensed professionals is not direct
compensation.
{ + NOTE: + } Corrects name of agency in (1)(a) and (4).
SECTION 265. ORS 443.885 is amended to read:
443.885. { - On and after October 1, 1991, - } Any facility
that provides care for patients or residents with Alzheimer's
disease or other dementia by means of an Alzheimer's care unit
must register with the Department of Human Services.
{ + NOTE: + } Eliminates outdated provision.
SECTION 266. ORS 446.210 is amended to read:
446.210. (1) Upon payment of a fee required by ORS 479.840 the
Director of the Department of Consumer and Business Services
shall issue a limited maintenance electrician's license to a
person who has complied with ORS 479.510 to 479.945 { - and
479.995 - } and the rules issued thereunder, who passes a written
examination administered by the department on basic electrical
principles on repair and maintenance of electrical wiring and
equipment used in a manufactured structure, and submits proof
satisfactory to the department that the person has had sufficient
experience in the repair and maintenance of such electrical
problems of the type and nature found in a manufactured
structure.
(2) A person licensed under this section and who has passed a
written examination administered by the department shall be
authorized to repair and maintain electrical wiring and equipment
used in a manufactured structure. { - No worker or applicant
for a license under this section shall be deemed in violation of
ORS 479.510 to 479.945 and 479.995 by reason of electrical repair
and maintenance work performed during the period of required
experience whenever required prior to September 1, 1969. - }
{ + NOTE: + } Deletes inappropriate reference to penalty
section in (1); eliminates obsolete provision in (2).
SECTION 267. ORS 447.060 is amended to read:
447.060. (1) Nothing in ORS 447.010 to 447.156 and 447.992
prevents a person from:
(a) Engaging in plumbing work when not so engaged for hire.
(b) Using the services of regular employees in performing
plumbing work for the benefit of property owned, leased or
operated by such employer.
(c) Using the services of an employee or contractor of a
utility company, energy service provider or water supplier to
install an approved low-flow showerhead or faucet aerator in
existing plumbing fixtures. The devices installed under this
paragraph are exempt from the { - licensing - } { +
certification + }, permit and inspection requirements of this
chapter and ORS chapter 693.
(2) For purposes of subsection (1) of this section, a ' regular
employee' means a person who is subject to the provisions of ORS
316.162 to 316.212 and who has completed a withholding exemptions
certificate required by the provisions of ORS 316.162 to 316.212.
(3) A licensee under ORS 671.560 (2) is not required to be
registered under ORS 447.010 to 447.156 and 447.992 to install
backflow prevention devices for irrigation systems and ornamental
water features if the installer is licensed as required by ORS
671.615. The exemptions established under this subsection do not
exempt the person from the inspection and permit requirements of
this chapter.
(4) This section applies to any person, including but not
limited to, individuals, corporations, associations, firms,
partnerships, joint stock companies, public and municipal
corporations, political subdivisions, this state and any agencies
thereof, and the federal government and any agencies thereof.
{ + NOTE: + } Updates terminology in (1)(c).
SECTION 268. ORS 447.072 is amended to read:
447.072. Notwithstanding ORS 455.610, the Department of
Consumer and Business Services with the approval of the State
Plumbing Board, shall adopt rules to create an exemption from
permit and inspection requirements for ordinary minor repairs in
one and two family dwellings and commercial structures when the
board finds that the plumbing does not involve any changes or
alterations of the existing plumbing system. The exemption from
the permit:
(1) Shall not include new construction or replacement of water
heaters or underground plumbing; and
(2) Shall be available only to registered plumbing contractors
or persons exempt from { - licensing - } { +
certification + } under ORS 693.020.
{ + NOTE: + } Updates terminology in (2).
SECTION 269. ORS 447.231 is amended to read:
447.231. { - (1) - } Notwithstanding any other provision of
law and the authority of any board within the Department of
Consumer and Business Services, the Director of the Department of
Consumer and Business Services shall adopt rules to conform the
state building code to the Americans with Disabilities Act and
the Fair Housing Act and the regulations adopted thereunder. In
addition, the director shall adopt rules to conform the state
building code to the provisions of ORS 447.210 to 447.280, to the
extent to which any statute is stricter than the Americans with
Disabilities Act or the Fair Housing Act.
{ - (2) Notwithstanding any other provision of law and the
authority of any board within the department, the director shall
review the state building code, and those provisions not affirmed
by the director by September 30, 1994, shall not be implemented
or enforced and have no legal effect. - }
{ + NOTE: + } Expunges outdated provision.
SECTION 270. ORS 448.265 is amended to read:
448.265. (1) It shall be unlawful for any person to do any of
the following if the result would be to pollute a source of a
water system or to destroy or endanger a water system:
(a) Establish or maintain any slaughter pen, stock-feeding
yards or hogpens.
(b) Deposit or maintain any { - uncleanly - } { +
unclean + } or unwholesome substance.
(2) Violation of subsection (1)(a) or (b) of this section is a
public nuisance and may be abated as other nuisances under the
laws of this state.
{ + NOTE: + } Corrects grammar in (1)(b).
SECTION 271. ORS 448.315 is amended to read:
448.315. The mayor or authorities having control of the
community water supply system supplying the city may appoint
special police officers who:
(1) After taking oath, shall have the powers of constables.
(2) May arrest with or without warrant any person committing,
within the territory described in ORS 448.295, for:
(a) Any offense against the purity of the domestic water supply
source or the community water supply system under state law or an
ordinance of such city; or
(b) Any violation of any rule of the { - division - } { +
Department of Human Services + } or the authorities having
control of the city water system for the protection of the purity
of the domestic water supply source or the community water supply
system.
(3) May take any person arrested for any violation under this
section before any court having jurisdiction thereof to be
proceeded with according to law.
(4) When on duty, shall wear in plain view a badge or shield
bearing the words 'Special Police' and the name of the city for
which appointed.
{ + NOTE: + } Reflects statutory name change in (2)(b).
SECTION 272. ORS 448.409 is amended to read:
448.409. On or before January 1 { - , 1989, and biennially
thereafter - } { + of each odd-numbered year + }, the
Department of Environmental Quality and { + the + } Department
of Human Services shall develop and submit a joint report to the
Legislative Assembly. The report shall include, but need not be
limited to:
(1) A summary of actions taken under ORS 448.405 to 448.465,
448.992 and 448.994;
(2) An evaluation of the effectiveness of such actions; and
(3) Any information and recommendations, including legislative
recommendations the Department of Environmental Quality or the
Department of Human Services considers appropriate.
{ + NOTE: + } Deletes obsolete provision and tweaks syntax in
lead-in.
SECTION 273. ORS 448.410 is amended to read:
448.410. (1) The Environmental Quality Commission shall:
(a) Adopt rules necessary to carry out the provisions of ORS
448.410 to 448.430 and 448.992.
(b) Classify all sewage treatment works. In classifying the
sewage treatment works, the commission shall take into
consideration size and type, character of wastewater to be
treated and other physical conditions affecting the sewage
treatment works and the skill, knowledge and experience required
of an operator.
(c) Certify persons qualified to supervise the operation of
sewage treatment works.
(d) Subject to the prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fee, establish a schedule of fees for
certification under paragraph (c) of this subsection. The fees
established under the schedule shall be sufficient to pay the
costs incurred by the Department { + of Environmental
Quality + } in carrying out the provisions of ORS 448.410 to
448.430 and 448.992 and shall be within the budget authorized by
the Legislative Assembly as that budget may be modified by the
Emergency Board.
(2) The commission may grant a variance from the requirements
of ORS 448.415, according to criteria established by rule by the
commission.
(3) In adopting rules under this section, the commission shall
consult with the Department of Human Services in order to
coordinate rules adopted under this section with rules adopted by
the Department of Human Services under ORS 448.450.
{ + NOTE: + } Sets out full title for clarity in (1)(d).
SECTION 274. ORS 451.410 is amended to read:
451.410. As used in ORS 451.410 to 451.610, unless the context
indicates otherwise:
{ + (1) 'Change of organization' has the meaning given that
term in ORS 198.705.
(2) 'County' has the meaning given that term in ORS
198.705. + }
{ - (1) - } { + (3) + } 'County court' includes the board
of county commissioners.
{ - (2) - } { + (4) + } 'District' means a municipal
corporation established under ORS 451.410 to 451.610 to provide
service facilities in a county or counties.
{ + (5) 'Formation' has the meaning given that term in ORS
198.705.
(6) 'Owner' means the record owner of real property or the
holder of a duly recorded contract for purchase of real property
within the district. + }
{ - (3) - } { + (7) + } 'Service facilities' means public
service installations, works or services provided within a county
or counties for any or all of the purposes specified in ORS
451.010.
{ - (4) 'Owner' shall be deemed to be the record owner of
real property or holder of a duly recorded contract for purchase
of real property within the district. - }
{ - (5) 'Formation' has the meaning given that term by ORS
198.705 (9). - }
{ - (6) 'Change of organization' has the meaning given that
term by ORS 198.705 (5). - }
{ - (7) 'County' has the meaning given that term by ORS
198.705 (16). - }
{ + NOTE: + } Alphabetizes definitions. Conforms syntax to
legislative style. Deletes renumbered subsection references in
(1), (2) and (5); see section 98 (amending 198.705).
SECTION 275. ORS 451.573 is amended to read:
451.573. As used in ORS 451.573 to 451.577:
{ + (1) 'District' means, in addition to the meaning given
that term in ORS 451.410, a county service district organized
under the authority of a county charter. + }
{ - (1) - } { + (2) + } 'Special district' means any one of
the following districts:
(a) A drainage district organized under ORS chapter 547.
(b) A park and recreation district organized under ORS chapter
266.
(c) A highway lighting district organized under ORS chapter
372.
(d) A sanitary district organized under ORS chapter 450.
(e) A diking district organized under ORS chapter 551.
(f) A special road district organized under ORS 371.305 to
371.360.
(g) A road assessment district organized under ORS 371.405 to
371.535.
{ - (2) - } { + (3) + } 'Special district' also means one
of the following, if the special district is within the
geographical jurisdiction of a local government boundary
commission formed by or pursuant to ORS 199.410 to 199.519:
(a) A domestic water supply district organized under ORS
chapter 264.
(b) A cemetery maintenance district organized under ORS chapter
265.
(c) A health district organized under ORS 440.305 to 440.410.
(d) A vector control district organized under ORS 452.020 to
452.170.
(e) A rural fire protection district organized under ORS
chapter 478.
(f) A weather modification district organized under ORS 558.200
to 558.440.
(g) A geothermal heating district organized under ORS chapter
523.
{ - (3) 'District' means, in addition to the meaning given
that term by ORS 451.410 (2), a county service district organized
under the authority of a county charter. - }
{ + NOTE: + } Alphabetizes definitions. Deletes renumbered
subsection reference in (1); see section 274 (amending 451.410).
SECTION 276. ORS 451.575 is amended to read:
451.575. (1) The area within a special district described by
ORS 451.573 { - (1)(a) - } { + (2)(a) + } shall not be
included in or annexed to a district if prior to or at the
hearing on the formation of or annexation to such district the
governing body of the special district files with the governing
body of the district a resolution withdrawing the area within the
special district.
(2) When the formation of or annexation to a district is
initiated, and the area to be incorporated or annexed includes
the entire area within a special district, the governing board of
the special district and the governing body of the district shall
meet with each other to agree on a debt distribution plan to be a
part of the proposed incorporation or annexation. The debt
distribution plan may require that the property within the
special district remain solely liable for all bonded indebtedness
outstanding at the time of incorporation or annexation or it may
provide for any other distribution of indebtedness between the
district and the special district. If the governing boards do not
agree on a debt distribution plan or if the area within the
special district remains liable under the plan for any portion of
the indebtedness outstanding at the time of the incorporation or
annexation, and dissolution and transfer, the governing body of
the district shall be the ex officio board of the dissolved
special district for the purpose of levying taxes in such area
until the bonded and other indebtedness of the dissolved special
district is paid.
(3) The consent of all the known holders of valid indebtedness
against the special district shall be obtained or provision made
in the debt distribution plan for the payment of the nonassenting
holders. The area within the boundaries of the special district
shall not by reason of the incorporation or annexation and
dissolution and transfer be relieved from liabilities and
indebtedness previously contracted by the dissolving special
district.
(4) The district officers of the special district, upon the
effective date of the incorporation or annexation, shall
forthwith deliver to the governing body of the district, the
assets and records of the special district. Uncollected taxes,
assessments or charges thereof levied by the special district
shall become the property of the district and upon collection
shall be credited to the account of such district.
{ + NOTE: + } Adjusts subsection reference for renumbering in
(1); see section 275 (amending 451.573).
SECTION 277. ORS 453.235 is amended to read:
453.235. { + (1) + } No person shall distribute any art or
craft material containing toxic substances causing chronic
illness on which the person:
{ - (1) - } { + (a) + } Has failed to affix a conspicuous
label containing the signal word 'WARNING,' to alert users of
potential adverse health effects.
{ - (2) - } { + (b) + } Has failed to affix a conspicuous
label warning of the { - health related - } { +
health-related + } dangers of the art or craft material. { + If
a product contains: + }
{ - (a) - } { + (A) + } { - If the product contains - }
A human carcinogen, the warning shall contain the statement:
'CANCER HAZARD! Overexposure may create cancer risk. '
{ - (b) - } { + (B) + } { - If the product contains - }
A potential human carcinogen and does not contain a human
carcinogen, the warning shall contain the statement: 'POSSIBLE
CANCER HAZARD! Overexposure might create cancer risk. '
{ - (c) - } { + (C) + } { - If the product contains - }
A toxic substance causing chronic illness, the warning shall
contain, but not be limited to, the following statement or
statements where applicable:
{ - (A) - } { + (i) + } 'May cause sterility or damage to
reproductive organs. '
{ - (B) - } { + (ii) + } 'May cause birth defects or harm
to developing fetus. '
{ - (C) - } { + (iii) + } 'May be excreted in human milk
causing harm to nursing infant. '
{ - (D) - } { + (iv) + } 'May cause central nervous system
depression or injury. '
{ - (E) - } { + (v) + } 'May cause numbness or weakness in
the extremities. '
{ - (F) - } { + (vi) + } 'Overexposure may cause damage to
(specify organ). '
{ - (G) - } { + (vii) + } 'Heating above (specify degrees)
may cause hazardous decomposition products. '
{ - (d) - } { + (D) + } { - If a product contains - }
More than one chronically toxic substance, or if a single
substance can cause more than one chronic health effect, the
required statements may be combined into one warning statement.
{ - (3) - } { + (c) + } Has failed to affix on the label a
list of ingredients { - which - } { + that + } are toxic
substances causing chronic illness.
{ - (4) - } { + (d) + } Has failed to affix on the label a
statement or statements of safe use and storage instructions,
conforming to the following list. The label shall contain, but
not be limited to, as many of the following risk statements as
are applicable:
{ - (a) - } { + (A) + } 'Keep out of reach of children. '
{ - (b) - } { + (B) + } 'When using, do not eat, drink or
smoke. '
{ - (c) - } { + (C) + } 'Wash hands after use and before
eating, drinking or smoking. '
{ - (d) - } { + (D) + } 'Keep container tightly closed. '
{ - (e) - } { + (E) + } 'Store in { - well ventilated - }
{ + well-ventilated + } area. '
{ - (f) - } { + (F) + } 'Avoid contact with skin. '
{ - (g) - } { + (G) + } 'Wear protective clothing (specify
type). '
{ - (h) - } { + (H) + } 'Wear National Institute of
Occupational Safety and Health (NIOSH) certified masks for dusts,
mists or fumes. '
{ - (i) - } { + (I) + } 'Wear NIOSH certified respirator
with appropriate cartridge for (specify type). '
{ - (j) - } { + (J) + } 'Wear NIOSH certified supplied air
respirator. '
{ - (k) - } { + (K) + } 'Use window exhaust fan to remove
vapors and
{ - assure - } { + ensure + } adequate ventilation (specify
explosion proof if necessary). '
{ - (L) - } { + (L) + } 'Use local exhaust hood (specify
type). '
{ - (m) - } { + (M) + } 'Do not heat above (specify
degrees) without adequate ventilation. '
{ - (n) - } { + (N) + } 'Do not use or mix with (specify
material). '
{ - (5) - } { + (e) + } Has failed to affix on the label a
statement on where to obtain more information, such as 'call your
local poison control center for more health information. '
{ - (6) - } { + (f) + } Has failed to affix on the label
the name and address of the manufacturer.
{ - (7)(a) - } { + (2)(a) + } If the information listed in
subsection
{ - (4)(a) to (n) - } { + (1)(d) + } of this section cannot
fit on the package label, a package insert shall be required to
convey all the necessary information to the consumer. In this
event, the label shall contain a statement to refer to the
package insert, such as ' CAUTION: See package insert before
use.' The language on this insert shall be nontechnical and
nonpromotional in tone and content.
(b) For purposes of this subsection, 'package insert' means a
display of written, printed or graphic matter upon a leaflet or
suitable material accompanying the art supply.
{ - (8) - } { + (3) + } The requirements set forth in
{ - subsections (1) to (7) of - } this section shall not be
considered to be complied with unless the required words,
statements or other information appear on the outside container
or wrapper, or on a package insert
{ - which - } { + that + } is easily legible through the
outside container or wrapper and is painted in a color in
contrast with the product or the package containing the product.
{ - (9) - } { + (4) + } The Department { + of Human
Services + } may exempt a material from full compliance with ORS
453.205 to 453.275. In considering this exemption, the
{ - Health Division - } { + department + } shall take into
consideration the potential for reasonably foreseeable misuse of
a material by a child.
{ - (10) - } { + (5) + } If an art or craft material
complies with labeling standards D-4236 of the American Society
for Testing and Materials (ASTM), the material complies with the
provisions of ORS 453.205 to 453.275, unless the
{ - division - } { + department + } determines that the label
on an art or craft material does not satisfy the purposes of ORS
453.205 to 453.275.
{ + NOTE: + } Restructures section to correct lead-ins;
adjusts internal references in (2)(a) and (3). Corrects word
choice in (1)(b), (c), (d)(E) and (K) and (3). Conforms (4) and
(5) to statutory naming scheme.
SECTION 278. ORS 453.265 is amended to read:
453.265. (1) The manufacturer of any art or craft material
sold, distributed, offered for sale or exposed for sale in this
state shall supply to a national poison control network approved
by the Director of Human Services { - of the Department of
Human Services - } the formulation information required by that
network for dissemination to poison control centers. Failure to
file formulation information with an approved poison control
network is a violation of ORS 453.205 to 453.275.
(2) The requirements set forth in ORS 453.235 shall not be
considered to be complied with unless all required words,
statements or other information accompany art or craft materials
from manufacturer to consumer, not excluding any distributor,
packager or repackager.
{ + NOTE: + } Corrects title in (1).
SECTION 279. ORS 453.879 is amended to read:
453.879. When the { - Assistant Director for Health - } { +
Director of Human Services + } or a designee thereof, the State
Fire Marshal or designee thereof or any law enforcement agency
makes a determination that property subject to ORS 105.555,
431.175 and 453.855 to 453.912 is not fit for use, the
{ - assistant director - } { + Director of Human Services + }
or designee thereof shall notify the Director of the Department
of Consumer and Business Services of the determination. The
Director { + of the Department of Consumer and Business
Services + } shall list the property as not fit for use until the
Director { + of the Department of Consumer and Business
Services + } is notified that the property has been certified by
the { - Health Division - } { + Department of Human
Services + } pursuant to ORS 453.885, or the initial
determination is reversed on appeal, or the property is
destroyed. Upon receipt of the certificate, the Director { + of
the Department of Consumer and Business Services + } shall cause
the property to be removed from the list described in this
section.
{ + NOTE: + } Reflects statutory name change; sets out full
titles for clarity.
SECTION 280. Section 1, chapter 798, Oregon Laws 2001, is
amended to read:
{ + Sec. 1. + } (1) Subject to the provision of funding by
the State Department of Geology and Mineral Industries from
gifts, grants and donations made available for carrying out this
section, the
{ - Health Division - } { + Department of Human Services + }
shall provide for seismic safety surveys of hospital buildings
that contain an acute inpatient care facility. As used in this
subsection, 'acute inpatient care facility' has the meaning given
that term in ORS 442.470. As used in this subsection, 'acute
inpatient care facility' includes the Oregon Health and Science
University.
(2) Subject to available funding from gifts, grants and
donations made available for carrying out this section, the State
Department of Geology and Mineral Industries shall provide for
seismic safety surveys of fire stations.
(3) Subject to available funding from gifts, grants and
donations made available for carrying out this section, the
{ - department - } { + State Department of Geology and
Mineral Industries + } shall provide for seismic safety surveys
of police stations, sheriffs' offices and similar facilities used
by state, county, district and municipal law enforcement
agencies.
(4) The { - division - } { + Department of Human
Services + } and the
{ - department - } { + State Department of Geology and
Mineral Industries + } shall ensure that seismic safety surveys
conducted under subsections (1) to (3) of this section are
conducted in accordance with the Federal Emergency Management
Agency publication, 'Rapid Visual Screening of Buildings for
Potential Seismic Hazards: A Handbook,' FEMA-154, 1988 Edition.
(5) A seismic safety survey under subsections (1) to (3) of
this section is not required for any building that has previously
undergone a seismic safety survey or that has been constructed to
the state building code standards in effect for the seismic zone
classification at the site on { - the effective date of this
2001 Act - } { + July 19, 2001 + }.
(6) The { - division - } { + Department of Human
Services + } or the
{ - department - } { + State Department of Geology and
Mineral Industries + }, as appropriate, shall ensure that seismic
safety surveys required under subsections (1) to (3) of this
section are completed by January 1, 2007.
{ + NOTE: + } Reflects statutory name change; sets out full
titles.
SECTION 281. Section 2, chapter 798, Oregon Laws 2001, is
amended to read:
{ + Sec. 2. + } (1) The { - Health Division - } { +
Department of Human Services + } shall send the seismic safety
surveys conducted pursuant to section 1 (1) { + , chapter 798,
Oregon Laws 2001, + } { - of this 2001 Act - } to the State
Department of Geology and Mineral Industries. Notwithstanding
section 1 (6) { + , chapter 798, Oregon Laws 2001, + } { - of
this 2001 Act, - } if the { - department - } { + State
Department of Geology and Mineral Industries + } determines that
a survey is not fully and properly completed, the
{ - department - } { + State Department of Geology and Mineral
Industries + } may refuse to accept the survey and may return the
survey to the { - division - } { + Department of Human
Services + } for correction or completion.
(2) The { - department - } { + State Department of Geology
and Mineral Industries + } may accept seismic safety surveys for
buildings that are exempt under section 1 (5) { + , chapter 798,
Oregon Laws 2001, + } { - of this 2001 Act - } if the
{ - department - } { + State Department of Geology and Mineral
Industries + } determines that the surveys are fully and properly
completed and are sufficiently similar to other surveys to be
useful. The surveys accepted by the { - department - } { +
State Department of Geology and Mineral Industries + } under this
subsection do not need to be surveys conducted by the
{ - division - } { + Department of Human Services + } or the
{ - department - } { + State Department of Geology and Mineral
Industries + }.
(3) The { - department - } { + State Department of Geology
and Mineral Industries + } shall use seismic safety surveys
accepted under subsections (1) and (2) of this section or
conducted pursuant to section 1 (2) or (3) { + , chapter 798,
Oregon Laws 2001, + } { - of this 2001 Act - } to make an
initial evaluation of the seismic safety of each surveyed
building.
(4) Subject to available funding and after consultation with
the { - department - } { + State Department of Geology and
Mineral Industries + }, the acute inpatient care facility, fire
department or fire district or law enforcement agency shall
conduct such additional seismic safety evaluations of buildings
as the facility, fire department or fire district or law
enforcement agency considers to be necessary. The facility, fire
department or fire district or law enforcement agency shall
conduct the evaluations using the life safety standard set forth
in the Federal Emergency Management Agency publication, 'Handbook
for the Seismic Evaluation of Buildings: A Prestandard,'
FEMA-310, 1998 Edition, or a stricter standard selected by the
acute inpatient care facility, fire department or fire district
or law enforcement agency that conducts the survey.
{ + NOTE: + } Reflects statutory name change; sets out full
titles.
SECTION 282. Section 4, chapter 798, Oregon Laws 2001, is
amended to read:
{ + Sec. 4. + } (1) The { - Health Division - } { +
Department of Human Services + } shall report to an appropriate
committee of the Seventy-second Legislative Assembly and an
appropriate committee of the Seventy-third Legislative Assembly
regarding the progress the { - division - } { + Department of
Human Services + } has made toward completion of the seismic
safety surveys described in section 1 { + , chapter 798, Oregon
Laws 2001 + } { - of this 2001 Act - } .
(2) The State Department of Geology and Mineral Industries
shall report to an appropriate committee of the Seventy-second
Legislative Assembly and an appropriate committee of the
Seventy-third Legislative Assembly regarding the progress the
{ - department - } { + State Department of Geology and
Mineral Industries + } has made toward completion of the seismic
safety surveys described in section 1 { + , chapter 798, Oregon
Laws 2001 + } { - of this 2001 Act - } .
{ + NOTE: + } Reflects statutory name change; sets out full
titles.
SECTION 283. ORS 455.473 is amended to read:
455.473. All moneys received by the Department of Consumer and
Business Services pursuant to ORS 455.457 and 455.471 shall be
paid into the State Treasury and credited to the appropriate
specialty code account under this chapter or ORS 479.510 to
479.945 { - and 479.995 - } . All moneys deposited in the
accounts under this section are continuously appropriated to the
department to carry out the provisions of ORS 455.455 to 455.463,
455.471, 455.473, 455.477 and 455.897 and section 10, chapter
1045, Oregon Laws 1999.
{ + NOTE: + } Eliminates unsuitable reference to penalty
section.
SECTION 284. Section 10, chapter 1045, Oregon Laws 1999, is
amended to read:
{ + Sec. 10. + } (1) The Department of Consumer and Business
Services shall grant the specialty code programs under ORS
chapter 455 and ORS 479.510 to 479.945 { - and 479.995 - } a
loan from the Consumer and Business Services Fund pursuant to ORS
705.145 in the amount necessary to carry out the provisions of
{ - sections 2 to 11 of this 1999 Act - } { + this section and
ORS 455.455, 455.457, 455.459, 455.461, 455.463, 455.471,
455.473, 455.477 and 455.897 + }.
(2) When the department determines that moneys in sufficient
amount have been collected pursuant to { - sections 3 and 6 of
this 1999 Act - } { + ORS 455.457 and 455.471 + }, the Consumer
and Business Services Fund shall be restored pursuant to ORS
705.145 (3) for the loan described in subsection (1) of this
section. The moneys used to restore the fund under this
subsection shall not be considered a budget item on which
limitation is otherwise fixed by law, but shall be in addition to
any specific biennial appropriations or amounts authorized to be
expended from continually appropriated moneys for the biennium.
{ + NOTE: + } Eliminates unsuitable reference to penalty
section in (1).
SECTION 285. ORS 455.775 is amended to read:
455.775. In addition to any other authority and power granted
to the Director of the Department of Consumer and Business
Services under this chapter and ORS chapters 446, 447, 460, 479,
480 and 693:
(1) Except where inconsistent with other provisions of law, the
director may enforce the provisions of ORS 446.003 to 446.200,
446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945,
479.950, 479.995 and 480.510 to 480.670 and this chapter and ORS
chapters 447, 460 and 693 against any person regardless of
whether a permit, certificate, license or other indicia of
authority has been issued. The director may:
(a) Make an investigation;
(b) Take sworn testimony;
(c) With the authorization of the Office of the Attorney
General, subpoena persons and records;
(d) Order corrective action; and
(e) If an immediate hazard to health and safety is imminent,
issue an order to stop all or any part of the work under the
applicable specialty code.
(2) If the director has reason to believe that any person has
been engaged, or is engaging, or is about to engage in any
violation of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395
to 446.420, 479.510 to 479.945, 479.950 { - , 479.995 - } and
480.510 to 480.670 and this chapter and ORS chapters 447, 460 and
693 and any rule adopted thereunder, the director may issue an
order, subject to ORS 183.413 to 183.497, directed to the person
to cease and desist from the violation or threatened violation.
(3) If the director has reason to believe that any person has
been engaged, or is engaging, or is about to engage in any
violation of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395
to 446.420, 479.510 to 479.945, 479.950 { - , 479.995 - } and
480.510 to 480.670 and this chapter and ORS chapters 447, 460 and
693 and any rule adopted thereunder, the director may, without
bond, bring suit in the name and on behalf of the State of Oregon
in the circuit court of any county of this state to enjoin the
acts or practices and to enforce compliance with ORS 446.003 to
446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to
479.945, 479.950 { - , 479.995 - } and 480.510 to 480.670 and
this chapter and ORS chapters 447, 460 and 693 and any rule
adopted thereunder. Upon a proper showing, a permanent or
temporary injunction, restraining order or writ of mandamus shall
be granted.
{ + NOTE: + } Eliminates unsuitable references to penalty
section in (2) and (3).
SECTION 286. ORS 455.895 is amended to read:
455.895. (1)(a) The State Plumbing Board may impose a civil
penalty against a person as provided under ORS 447.992 and
693.992. Amounts recovered under this paragraph are subject to
ORS 693.165.
(b) The Electrical and Elevator Board may impose a civil
penalty against a person as provided under ORS 479.995. Amounts
recovered under this paragraph are subject to ORS 479.850.
(c) The Board of Boiler Rules may impose a civil penalty
against a person as provided under ORS 480.670. Amounts recovered
under this paragraph shall be deposited to the General Fund.
(2) The Director of the Department of Consumer and Business
Services, in consultation with the appropriate board, if any, may
impose a civil penalty against any person who violates any
provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395
to 446.420, 479.510 to 479.945, 479.950 { - , 479.995 - } and
480.510 to 480.670 and this chapter and ORS chapters 447, 460 and
693 or any rule adopted or order issued for the administration
and enforcement of those provisions. Except as provided in
subsections (3) and (8) of this section, a civil penalty imposed
under this section must be in an amount determined by the
appropriate board or the director of not more than $5,000 for
each offense or, in the case of a continuing offense, not more
than $1,000 for each day of the offense.
(3) Each violation of ORS 446.003 to 446.200 or 446.225 to
446.285, or any rule or order issued thereunder, constitutes a
separate violation with respect to each manufactured structure or
with respect to each failure or refusal to allow or perform an
act required thereby, except that the maximum civil penalty may
not exceed $1 million for any related series of violations
occurring within one year from the date of the first violation.
(4) The maximum penalty established by this section for a
violation may be imposed only upon a finding that the person has
engaged in a pattern of violations. The Department of Consumer
and Business Services, by rule, shall define what constitutes a
pattern of violations. Except as provided in subsection (1) of
this section, moneys received from any civil penalty under this
section are appropriated continuously for and shall be used by
the director for enforcement and administration of provisions and
rules described in subsection (2) of this section.
(5) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(6) A civil penalty imposed under this section may be remitted
or reduced upon such terms and conditions as the director or the
appropriate board considers proper and consistent with the public
health and safety. In any judicial review of a civil penalty
imposed under this section, the court may, in its discretion,
reduce the penalty.
(7) Any officer, director, shareholder or agent of a
corporation, or member or agent of a partnership or association,
who personally participates in or is an accessory to any
violation by the partnership, association or corporation of a
provision or rule described in subsection (2) of this section is
subject to the penalties prescribed in this section.
(8) In addition to the civil penalty set forth in subsection
(1) or (2) of this section, any person who violates a provision
or rule described in subsection (2) of this section may be
required by the director or the appropriate board to forfeit and
pay to the General Fund of the State Treasury a civil penalty in
an amount determined by the director or board that shall not
exceed five times the amount by which such person profited in any
transaction that violates a provision or rule described in
subsection (2) of this section.
{ + NOTE: + } Eliminates unsuitable reference to penalty
section in (2).
SECTION 287. ORS 456.060 is amended to read:
456.060. { + (1) + } As used in the Housing Authorities Law,
unless the context requires otherwise, 'area of operation'
includes:
{ - (1) - } { + (a) + } In the case of a housing authority
of a city:
{ - (a) - } { + (A) + } The area within the city;
{ - (b) - } { + (B) + } If the city has adopted in its
comprehensive land use plan an urban growth boundary recognized
by the governing bodies of the counties in which it is situated,
the area within that urban growth boundary; and
{ - (c) - } { + (C) + } Unless a county has an existing
housing authority which is operating and substantially addressing
the need for housing in the county for persons of lower income,
the area within 10 miles from the territorial boundaries of the
city, excepting any area which lies within the territorial or
urban growth boundaries of some other city which has by ordinance
prohibited such operation within the city or its urban growth
boundaries because the city finds that:
{ - (A) - } { + (i) + } An existing public agency operating
within the area is substantially addressing the need for housing
in the city for persons of lower income; or
{ - (B) - } { + (ii) + } There is no need for housing in
the city for persons of lower income.
{ - (2) - } { + (b) + } In the case of a housing authority
of a county, the area within the county which lies:
{ - (a) - } { + (A) + } Outside the territorial boundaries
of any city or, if a city has adopted in its comprehensive land
use plan an urban growth boundary recognized by the governing
bodies of the counties in which it is situated, that urban growth
boundary; and
{ - (b) - } { + (B) + } Inside the territorial or urban
growth boundaries of any city unless the city has by ordinance
prohibited such operation within the city or its urban growth
boundary because the city finds that:
{ - (A) - } { + (i) + } An existing public agency operating
within the area is substantially addressing the need for housing
in the city for persons of lower income; or
{ - (B) - } { + (ii) + } There is no need for housing in
the city for persons of lower income.
{ - (3) - } { + (2) + } As used in this section, 'need'
means the condition described in ORS 456.085.
{ - (4) - } { + (3) + } Nothing in this section shall
prevent units of local government from entering into
intergovernmental agreements pursuant to ORS 190.003 to 190.130
for the purpose of:
(a) Establishing areas of operation which are different from
the areas specified in this section, including agreements which
utilize an urban growth boundary to allocate areas of operation
between the housing authorities of a city and a county.
(b) Permitting a specific housing program or portion of a
program to be operated in areas within the corporate limits of a
city by an existing housing authority of a county or some other
city.
{ + NOTE: + } Restructures section to address lead-in
problem.
SECTION 288. ORS 456.315 is amended to read:
456.315. { + (1) + } For the purpose of aiding and cooperating
in the planning, undertaking, construction or operation of
housing projects located within the area in which it is
authorized to act, any state public body may upon such terms,
with or without consideration, as it may determine:
{ - (1) - } { + (a) + } Dedicate, sell, convey or lease any
of its property to a housing authority or the federal government.
{ - (2) - } { + (b) + } Cause parks, playgrounds,
recreational, community, educational, water, sewer or drainage
facilities, or any other works which it may otherwise undertake,
to be furnished adjacent to or in connection with housing
projects.
{ - (3) - } { + (c) + } Furnish, dedicate, close, pave,
install, grade, regrade, plan or replan streets, roads, roadways,
alleys, sidewalks or other places which it may otherwise
undertake.
{ - (4) - } { + (d) + } Plan or replan, zone or rezone any
part of such state public body and make exceptions from building
regulations and ordinances. Any city or town also may change its
map.
{ - (5) - } { + (e) + } Enter into agreements with a
housing authority or the federal government respecting action to
be taken by such state public body pursuant to any of the powers
granted by ORS 456.305 to 456.325.
{ - (6) - } { + (f) + } Do any and all things, necessary or
convenient to aid and cooperate in the planning, undertaking,
construction or operation of such housing projects.
{ - (7) - } { + (g) + } Purchase or legally invest in any
of the bonds of a housing authority and exercise all the rights
of any holder of such bonds.
{ - (8) - } { + (2) + } With respect to any housing project
which a housing authority has acquired or taken over from the
federal government and which the housing authority by resolution
has found and declared to have been constructed in a manner that
will promote the public interest and afford necessary safety,
sanitation and other protection, no state public body shall
require any changes to be made in the housing project or the
manner of its construction or take any other action relating to
such construction.
{ - (9) - } { + (3) + } In connection with any public
improvements made by a state public body in exercising the powers
granted in this section, a state public body may incur the entire
expense thereof.
{ + NOTE: + } Restructures section to address lead-in
problem.
SECTION 289. ORS 458.505 is amended to read:
458.505. (1) The community action agency network, established
initially under the federal Economic Opportunity Act of 1964,
shall be the delivery system for federal antipoverty programs in
Oregon, including the Community Services Block Grant, Low Income
Energy Assistance Program, Office of Energy Weatherization
Program and such others as may become available.
(2) Funds for such programs shall be distributed to the
community action agencies by the Housing and Community Services
Department with the advice of the Community Action Directors of
Oregon.
(3) In areas not served by a community action agency, funds
other than federal community services funds may be distributed to
and administered by organizations that are found by the Housing
and Community Services Department to serve the antipoverty
purpose of the community action agency network.
(4) In addition to complying with all applicable requirements
of federal law, a community action agency shall:
(a) Be an office, division or agency of the designating
political subdivision or a not for profit organization in
compliance with ORS chapter 65.
(b) Have a community action board of at least nine but no more
than 33 members, constituted so that:
(A) One-third of the members of the board are elected public
officials currently serving or their designees. If the number of
elected officials reasonably available and willing to serve is
less than one-third of the membership, membership of appointed
public officials may be counted as meeting the one-third
requirement;
(B) At least one-third of the members are persons chosen
through democratic selection procedures adequate to assure that
they are representatives of the poor in the area served; and
(C) The remainder of the members are officials or members of
business, industry, labor, religious, welfare, education or other
major groups and interests in the community.
(c) If the agency is a private not for profit organization, be
governed by the Community Action Board. The board shall have all
duties, responsibilities and powers normally associated with such
boards, including, but not limited to:
(A) Selection, appointment and dismissal of the executive
director of the agency;
(B) Approval of all contracts, grant applications and budgets
and operational policies of the agency;
(C) Evaluation of programs; and
(D) Securing an annual audit of the agency.
(d) If the organization is an office, division or agency of a
political subdivision, be administered by the board which shall
provide for the operation of the agency and be directly
responsible to the governing board of the political subdivision.
The administering board at a minimum, shall:
(A) Review and approve program policy;
(B) Be involved in and consulted on the hiring and firing of
the agency director;
(C) Monitor and evaluate program effectiveness;
(D) Ensure the effectiveness of community involvement in the
planning process; and
(E) Assume all duties delegated to it by the governing board.
(e) Have a clearly defined, specified service area. Community
action service areas shall not overlap.
(f) Have an accounting system which meets generally accepted
accounting principles and be so certified by an independent
certified accountant.
(g) Provide assurances against the use of government funds for
political activity by the community action agency.
(h) Provide assurances that no person shall, on the grounds of
race, color, national origin or sex, be excluded from
participation in, be denied the benefits of or be subjected to
discrimination under any program or activity funded in whole or
in part with funds made available through the community action
program.
(i) Provide assurances the community action agency shall comply
with any prohibition against discrimination on the basis of age
under the Age Discrimination Act of 1975 or with respect to an
otherwise qualified individual with disabilities as provided in
section 504 of the Rehabilitation Act of 1973.
(5) For the purposes of this section, the Oregon Human
Development Corporation is eligible to receive federal community
service funds and low-income energy assistance funds.
(6) The { - State Community Services - } { + Housing and
Community Services Department + } shall:
(a) Administer federal and state antipoverty programs.
(b) Apply for all available antipoverty funds on behalf of
eligible entities as defined in this section.
(c) In conjunction with the Community Action Directors of
Oregon, develop a collaborative role in advocating for, and
addressing the needs of, all low income Oregonians.
(d) Biennially produce and make available to the public a
status report on efforts by it and state agencies to reduce the
incidence of poverty in Oregon. This report shall contain figures
regarding the numbers and types of persons living in poverty in
Oregon.
(e) On a regular basis provide information to the Community
Action Directors of Oregon on the activities and expenditures of
{ - State Community Services - } { + Housing and Community
Services Department + }.
(f) As resources are available, provide resources for technical
assistance, training and program assistance to eligible entities.
(g) As resources are available, provide resources for the
training and technical assistance needs of the Community Action
Directors of Oregon.
(h) Conduct a planning process to meet the needs of low income
people in Oregon. That process shall fully integrate the Oregon
Human Development Corporation into the antipoverty delivery
system. The planning process shall include development of a plan
for minimum level of services and funding for low income migrant
and seasonal farmworkers from the antipoverty programs
administered by the agency.
(i) Limit its administrative budget in an effort to maximize
the availability of antipoverty federal and state funds for
expenditures by local eligible entities.
{ + NOTE: + } Fixes obsolete agency references in (6) and
(6)(e).
SECTION 290. ORS 459.005 is amended to read:
459.005. As used in ORS 459.005 to 459.437, 459.705 to 459.790
and 459A.005 to 459A.665:
(1) 'Affected person' means a person or entity involved in the
solid waste collection service process including but not limited
to a recycling collection service, disposal site permittee or
owner, city, county and metropolitan service district.
(2) 'Board of county commissioners' or 'board' includes a
county court.
(3) 'Collection service' means a service that provides for
collection of solid waste or recyclable material or both but does
not include that part of a business operated under a certificate
issued under ORS 822.110.
(4) 'Commercial' means stores, offices including manufacturing
and industry offices, restaurants, warehouses, schools, colleges,
universities, hospitals and other nonmanufacturing entities, but
does not include other manufacturing activities or business,
manufacturing or processing activities in residential dwellings.
(5) 'Commission' means the Environmental Quality Commission.
(6) 'Compost' means the controlled biological decomposition of
organic material or the product resulting from such a process.
(7) 'Department' means the Department of Environmental Quality.
(8) { + (a) + } 'Disposal site' means land and facilities used
for the disposal, handling or transfer of, or energy recovery,
material recovery and recycling from solid wastes, including but
not limited to dumps, landfills, sludge lagoons, sludge treatment
facilities, disposal sites for septic tank pumping or cesspool
cleaning service, transfer stations, energy recovery facilities,
incinerators for solid waste delivered by the public or by a
collection service, composting plants and land and facilities
previously used for solid waste disposal at a land disposal site
{ - ; but the term - } { + . + }
{ + (b) 'Disposal site' + } does not include { + : + }
{ + (A) + } A facility authorized by a permit issued under
ORS 466.005 to 466.385 to store, treat or dispose of both
hazardous waste and solid waste;
{ + (B) + } A facility subject to the permit requirements of
ORS 468B.050 or 468B.053;
{ + (C) + } A site { - which is - } used by the owner or
person in control of the premises to dispose of soil, rock,
concrete or other similar nondecomposable material, unless the
site is used by the public either directly or through a
collection service; or
{ + (D) + } A site operated by a wrecker issued a certificate
under ORS 822.110.
(9) 'Energy recovery' means recovery in which all or a part of
the solid waste materials are processed to use the heat content,
or other forms of energy, of or from the material.
(10) 'Franchise' includes a franchise, certificate, contract or
license issued by a local government unit authorizing a person to
provide solid waste management services.
(11) 'Hazardous waste' has the meaning given that term in ORS
466.005.
(12) 'Household hazardous waste' means any discarded, useless
or unwanted chemical, material, substance or product that is or
may be hazardous or toxic to the public or the environment and is
commonly used in or around households and is generated by the
household. 'Household hazardous waste' may include but is not
limited to some cleaners, solvents, pesticides and automotive and
paint products.
(13) 'Land disposal site' means a disposal site in which the
method of disposing of solid waste is by landfill, dump, pit,
pond or lagoon.
(14) 'Landfill' means a facility for the disposal of solid
waste involving the placement of solid waste on or beneath the
land surface.
(15) 'Local government unit' means a city, county, metropolitan
service district formed under ORS chapter 268, sanitary district
or sanitary authority formed under ORS chapter 450, county
service district formed under ORS chapter 451, regional air
quality control authority formed under ORS 468A.100 to 468A.130
and 468A.140 to 468A.175 or any other local government unit
responsible for solid waste management.
(16) 'Material recovery' means any process of obtaining from
solid waste, by presegregation or otherwise, materials that still
have useful physical or chemical properties and can be reused or
recycled for some purpose.
(17) 'Metropolitan service district' means a district organized
under ORS chapter 268 and exercising solid waste authority
granted to such district under this chapter and ORS chapters 268
and 459A.
(18) 'Person' means the United States, the state or a public or
private corporation, local government unit, public agency,
individual, partnership, association, firm, trust, estate or any
other legal entity.
(19) 'Recyclable material' means any material or group of
materials that can be collected and sold for recycling at a net
cost equal to or less than the cost of collection and disposal of
the same material.
(20) 'Recycling' means any process by which solid waste
materials are transformed into new products in a manner that the
original products may lose their identity.
(21) 'Region' means the states of Idaho, Oregon and Washington
and those counties in California and Nevada that share a common
border with Oregon.
(22) 'Regional disposal site' means a disposal site that
receives, or a proposed disposal site that is designed to receive
more than 75,000 tons of solid waste a year from outside the
immediate service area in which the disposal site is located. As
used in this subsection, 'immediate service area' means the
county boundary of all counties except a county that is within
the boundary of the metropolitan service district. For a county
within the metropolitan service district, 'immediate service area
' means the metropolitan service district boundary.
(23) 'Reuse' means the return of a commodity into the economic
stream for use in the same kind of application as before without
change in its identity.
(24) 'Solid waste' means all useless or discarded putrescible
and nonputrescible materials, including but not limited to
garbage, rubbish, refuse, ashes, paper and cardboard, sewage
sludge, septic tank and cesspool pumpings or other sludge,
useless or discarded commercial, industrial, demolition and
construction materials, discarded or abandoned vehicles or parts
thereof, discarded home and industrial appliances, manure,
vegetable or animal solid and semisolid materials, dead animals
and infectious waste as defined in ORS 459.386. 'Solid waste '
does not include:
(a) Hazardous waste as defined in ORS 466.005.
(b) Materials used for fertilizer or for other productive
purposes or which are salvageable as such materials are used on
land in agricultural operations and the growing or harvesting of
crops and the raising of animals.
(25) 'Solid waste management' means prevention or reduction of
solid waste, management of the storage, collection,
transportation, treatment, utilization, processing and final
disposal of solid waste, recycling, reuse and material or energy
recovery from solid waste and facilities necessary or convenient
to such activities.
(26) 'Source separate' means that the person who last uses
recyclable material separates the recyclable material from solid
waste.
(27) 'Transfer station' means a fixed or mobile facility other
than a collection vehicle where solid waste is deposited
temporarily after being removed from the site of generation but
before being transported to a final disposal location.
(28) 'Waste prevention' means to reduce the amount of solid
waste generated or resources used, without increasing toxicity,
in the design, manufacture, purchase or use of products or
packaging. ' Waste prevention' does not include reuse, recycling
or composting.
(29) 'Wasteshed' means an area of the state having a common
solid waste disposal system or designated by the commission as an
appropriate area of the state within which to develop a common
recycling program.
(30) 'Yard debris' includes grass clippings, leaves, hedge
trimmings and similar vegetative waste generated from residential
property or landscaping activities, but does not include stumps
or similar bulky wood materials.
{ + NOTE: + } Conforms structure of (8) to legislative style;
deletes excess verbiage in (8)(b)(C).
SECTION 291. ORS 459.305 is amended to read:
459.305. (1) Except as otherwise provided by rules adopted by
the Environmental Quality Commission under subsection
{ - (3) - } { + (4) + } of this section, a disposal site may
not accept solid waste generated outside the county in which the
disposal site is located unless the Department of Environmental
Quality certifies or, for waste that originates outside Oregon in
an amount exceeding 75,000 tons annually from a single source
generator or wasteshed, the disposal site operator demonstrates
to the department, that the person responsible for solid waste
management in the area from which the solid waste originates has
implemented an opportunity to recycle that:
(a) Includes a program for recycling that achieves the
applicable recovery rate in ORS 459A.010 (6) for waste
originating in Oregon, or for waste originating outside Oregon,
either a recovery rate equivalent to that achieved in a
comparable county in Oregon or a recycling program equivalent to
the opportunity to recycle in ORS 459A.005 (1)(a) and (2) and the
program elements in ORS 459A.010 (2) and (3); and
(b) For waste originating inside Oregon, meets the requirements
of ORS 459.250 and 459A.005 to 459A.085.
(2) The Environmental Quality Commission shall adopt rules to
establish a program for certification of recycling programs
established by a person in order to comply with the requirement
of subsection (1) of this section. No contract or agreement for
the disposal of solid waste made between an owner or operator of
a disposal site and a person shall affect the authority of the
commission to establish or modify the requirements established
under subsection (1) of this section.
(3) For each area outside the state from which a disposal site
receives solid waste, the disposal site shall have two years
after first accepting solid waste from the area to demonstrate
how the area complies with the requirements of subsection (1) of
this section. The disposal site operator shall provide written
notice to the Department of Environmental Quality prior to first
accepting solid waste from outside the state. The requirements of
this subsection shall apply only to contracts entered into after
September 9, 1995.
(4) The commission shall establish by rule the amount of solid
waste that may be accepted from outside the county in which the
disposal site is located before the person must comply with the
requirements set forth in subsection (1) of this section.
(5) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fee, and within the budget authorized by the
Legislative Assembly as that budget may be modified by the
Emergency Board, the Department of Environmental Quality may
establish a certification fee in accordance with ORS 468.065. The
fees shall not exceed the cost of the program.
(6) The certification requirement under subsection (1) of this
section shall not apply to a person implementing a waste
reduction program under ORS 459.055.
(7) Notwithstanding any other provision of law relating to
solid waste disposal, if the laws of the state of origin prohibit
or restrict the disposal of any kind of solid waste within the
state of origin, such prohibition or restriction shall also apply
to the disposal of such solid waste in Oregon.
{ + NOTE: + } Corrects internal reference in (1).
SECTION 292. ORS 459A.515 is amended to read:
459A.515. { - (1) - } No later than February 28 each year,
each consumer of newsprint shall report to the Department of
Environmental Quality the following information for the previous
calendar year:
{ - (a) - } { + (1) + } The amount of newsprint used in
short tons;
{ - (b) - } { + (2) + } The amount of recycled-content
newsprint used in short tons; and
{ - (c) - } { + (3) + } The aggregate recycled content of
the newsprint used as a percent.
{ - (2) If a consumer of newsprint cannot obtain sufficient
amounts of recycled-content newsprint during the year because of
one or more of the factors described in ORS 459A.505, the report
submitted under subsection (1) of this section in 1996 shall
include such information. - }
{ + NOTE: + } Deletes obsolete provision. { + + }
SECTION 293. ORS 460.165 is amended to read:
460.165. { + (1) + } Subject to ORS 460.035 (1) and 460.085
(1), the maximum fees described in this { - section - } { +
subsection + } may be collected by the Department of Consumer and
Business Services for examining plans, for the inspection of
elevators, for issuing or renewing an elevator contractor's
license and for processing reports and issuing the annual permit
for the operation of an elevator, as the case may be. Actual fees
shall be prescribed by the department with approval of the Oregon
Department of Administrative Services. This section applies to
the following fees:
{ - (1) - } { + (a) + } For an elevator contractor's
license for each place of business operated by the applicant,
$195.
{ - (2) - } { + (b) + } With the submission of plans and
other pertinent data, for each elevator, $78.
{ - (3) - } { + (c) + } For each periodical or other
inspection made by a member of the department's staff of elevator
inspectors, except as provided in { - subsection (6) of this
section - } { + paragraph (f) of this subsection + }, the
following schedule of maximum fees shall apply:
{ - (a) - } { + (A) + } Dumbwaiter, sidewalk elevator,
residential elevator, residential inclinator or subveyor, $52.
{ - (b) - } { + (B) + } Escalator, lowerator, manlift,
stagelift, inclined elevator, platform hoist or moving walk, $78.
{ - (c) - } { + (C) + } Power-driven elevator with a four
floor rise or under, $78.
{ - (d) - } { + (D) + } Power-driven elevator with over a
four floor rise, but under a 10-floor rise, $98.
{ - (e) - } { + (E) + } Power-driven elevator with over
10-floor rise, but under 20-floor rise, $124.
{ - (f) - } { + (F) + } Power-driven elevator with a
20-floor rise or over, $147.
{ - (g) - } { + (G) + } A callback made on a mechanism
listed in
{ - paragraphs (a) to (f) of this subsection - } { +
subparagraphs (A) to (F) of this paragraph + } and made by
request or in the continued existence of a defect, $52.
{ - (4) - } { + (d) + } Special inspections of hoisting or
lowering mechanisms other than elevators or under special
agreement between the department and a person requesting a
special inspection shall be at the maximum rate of $55 per hour
for travel and inspection time.
{ - (5) - } { + (e) + } For the processing of each report
of an inspection required under the provisions of ORS 460.005 to
460.175, $20.
{ - (6) - } { + (f) + } Maximum inspection fee in the case
of installation or alteration of an elevator, if the total cost
of the installation or alteration, other than the inspection fee,
is:
{ - (a) - } { + (A) + } $1,000 or under, the maximum fee is
$98.
{ - (b) - } { + (B) + } Over $1,000 but under $15,000, the
maximum fee is $98 plus $13 for each $1,000 or fraction of $1,000
by which the cost exceeds $1,000.
{ - (c) - } { + (C) + } $15,000 or over but under $50,000,
the maximum fee is $280 plus $8 for each $1,000 or fraction of
$1,000 by which the cost exceeds $15,000.
{ - (d) - } { + (D) + } $50,000 or over, the maximum fee is
$553 plus $3 for each $1,000 or fraction of $1,000 by which the
cost exceeds $50,000.
{ - (7) - } { + (2) + } Whenever an owner or user of any
elevator equipment fails to pay a fee required under this section
within 90 days after the date of depositing written notification
in the United States mail, postage prepaid, and addressed to the
last-known address of said owner or user, the fee shall be
considered delinquent and the fee shall be doubled unless the
owner or user of the elevator equipment establishes to the
satisfaction of the department justification for failure to pay.
The court may award reasonable attorney fees to the department if
the department prevails in an action for the collection of a fee
required by this section. The court may award reasonable attorney
fees to a defendant who prevails in an action for the collection
of a fee required by this section if the court determines that
the department had no objectively reasonable basis for asserting
the claim or no reasonable basis for appealing an adverse
decision of the trial court.
{ + NOTE: + } Restructures section to correct lead-in
problem; adjusts internal references.
SECTION 294. ORS 462.010 is amended to read:
462.010. As used in this chapter, unless the context otherwise
requires:
{ + (1) 'Breaks' means the odd cents remaining after the
payoff prices have been computed in accordance with ORS 462.140
(3).
(2) 'Calendar year' means a 12-month year, January 1 through
December 31. + }
{ - (1) - } { + (3) + } 'Commission' means the Oregon
Racing Commission.
{ - (2) 'Race meet' means and includes any exhibition of
animal racing where the mutuel system is used in conjunction with
any race. - }
{ + (4) 'Continuous race meet' includes any exhibition of
animal racing continuously at the same race course by two or more
licensees where the mutuel system is used in conjunction with any
race.
(5) 'Drug' means any narcotic, sedative, anesthetic, analgesic,
drug or other medication of any kind or description intended for
use in any manner, directly or indirectly, internally or
externally, in the diagnosis, treatment, mitigation or cure of
injury or disease or for use in the prevention of disease that
could affect, in any manner, the racing condition or performance
of an animal as a depressant, stimulant, local anesthetic,
analgesic, sedative or otherwise. 'Drug' includes:
(a) Substances, other than foods, intended to affect the
structure or any function of the body of the animal and all
substances affecting the central nervous system, respiratory
system or blood pressure of any animal other than vitamins or
supplemental feeds; and
(b) Any identified substance that can affect or interfere with
the true and accurate testing and analysis of blood, saliva,
urine or other samples taken from racing animals.
(6) 'Fiscal year' means a 12-month year, as described in ORS
293.605. + }
{ - (3) - } { + (7) + } 'Licensee' means a person,
partnership, corporation, political subdivision, municipal
corporation or any other body holding a license under this
chapter.
{ + (8) 'Mutuel' means a system whereby wagers with respect
to the outcome of a race are placed with a wagering pool in which
the participants are wagering with each other and not against the
operator. + }
{ - (4) - } { + (9) + } 'Public training track' means any
race course or other facility that is available or open to the
public for use in the training or schooling of racing animals.
{ + (10) 'Race' means any race conducted in a race
meet. 'Race' includes races conducted without wagering, provided
one or more races in the meet are conducted with wagering. + }
{ - (5) - } { + (11) + } 'Race course' means all the
premises used in connection with the conduct of a race meet,
including but not limited to, the race track, grandstands,
paddock, stables, kennels and all other buildings and grounds
adjacent to or appurtenant to the physical limits of the race
track.
{ + (12) 'Race meet' means any exhibition of animal racing
where the mutuel system is used in conjunction with any race. + }
{ - (6) 'Race' shall mean any race conducted in a race meet.
Included are races conducted without wagering provided one or
more races in the meet are conducted with wagering. - }
{ - (7) 'Drug' means any narcotic, sedative, anesthetic,
analgesic, drug or other medication of any kind or description
intended for use in any manner - directly or indirectly,
internally or externally - in the diagnosis, treatment,
mitigation or cure of injury or disease or for use in the
prevention of disease, which could affect, in any manner, the
racing condition or performance of an animal as a depressant,
stimulant, local anesthetic, analgesic, sedative or otherwise.
The term also includes substances (other than foods) intended to
affect the structure or any function of the body of the animal
and all substances affecting the central nervous system,
respiratory system, or blood pressure of any animal other than
vitamins or supplemental feeds. Also specifically included is any
identified substance which can affect or interfere with the true
and accurate testing and analysis of blood, saliva, urine or
other samples taken from racing animals. - }
{ - (8) 'Continuous race meet' includes any exhibition of
animal racing continuously at the same race course by two or more
licensees where the mutuel system is used in conjunction with any
race. - }
{ - (9) 'Breaks' means the odd cents remaining after the
payoff prices have been computed in accordance with ORS 462.140
(3). - }
{ - (10) 'Fiscal year' means a 12-month year, as described in
ORS 293.605. - }
{ - (11) 'Calendar year' means a 12-month year, January 1
through December 31. - }
{ - (12) 'Mutuel' means a system whereby wagers with respect
to the outcome of a race are placed with a wagering pool in which
the participants are wagering with each other and not against the
operator. - }
{ + NOTE: + } Alphabetizes definitions; conforms syntax,
punctuation and structure to legislative style in new (5), (10)
and (12).
SECTION 295. ORS 462.062 is amended to read:
462.062. { + (1) + } All licensees of race meets for horses,
except those subject to ORS 462.057, shall make payments as
follows:
{ - (1) - } { + (a) + } License fee - $100 per racing day,
payable to the Oregon Racing Commission.
{ - (2) - } { + (b) + } Percentage of gross mutuel wagering
payable to the commission - one percent.
{ - (3) - } { + (c) + } Percentage of gross mutuel wagering
for purses, in such amounts as the race meet licensee and the
horse owners may agree upon, subject to approval by the
commission. In addition, a payment of 0.1 percent, which shall
not become part of the regular purse account, but shall be used
only to supplement purses of races consisting exclusively of
Oregon bred horses. However, subject to prior approval of the
commission, a portion of the percentage of gross mutuel wagering
designated by this
{ - subsection - } { + paragraph + } may be paid to one or
more associations of horsemen for operating expenses and other
benefits for horsemen.
{ - (4) - } { + (d) + } To the Oregon Thoroughbred Breeders
Association, Incorporated, percentage of gross mutuel wagering on
thoroughbred horse races for purse supplements for owners of
Oregon bred thoroughbred horses - one percent, to be apportioned
among the owners in the same ratio that each owner's purses for
Oregon bred thoroughbred horses for the race meet bears to the
total purses for Oregon bred thoroughbred horses for the race
meet.
{ - (5) - } { + (e) + } To the Racing Division of the
Oregon Quarterhorse Association, Incorporated, percentage of
gross mutuel wagering on quarterhorse races for purse supplements
for owners of Oregon bred quarterhorses - one percent, to be
apportioned among the owners in the same ratio that each owner's
purses for Oregon bred quarterhorses for the race meet bears to
the total purses for Oregon bred quarterhorses for the race meet.
{ - (6) - } { + (f) + } To each association of horsemen
recognized by the commission as representing the other breeds of
horses not designated in { - subsection (4) or (5) of this
section - } { + paragraph (d) or (e) of this subsection + },
percentage of gross mutuel wagering on races for any other breed
of horses, not designated in
{ - subsection (4) or (5) of this section - } { + paragraph
(d) or (e) of this subsection + }, for purse supplements of
owners of other Oregon bred horses - one percent, to be
apportioned among the owners in the same ratio that each owner's
purses for other Oregon bred horses for the race meet bears to
total purses for other Oregon bred horses for the race meet.
{ + (g) Percentage of gross mutuel wagering to a special
track fund of the type, and for the uses and purposes, and
subject to the conditions set forth in ORS 462.057 (1)(c)(F) -
0.2 percent. + }
{ - (7) - } { + (2) + } Subject to prior approval of the
commission, each horsemen's association designated in
{ - subsections (4), (5) and (6) of this section - } { +
subsection (1)(d), (e) and (f) of this section + } may use a
portion of the purse supplements as operating expenses only for
receipt, handling and payment of these funds.
{ - (8) Percentage of gross mutuel wagering to a special
track fund of the type, and for the uses and purposes, and
subject to the conditions set forth in ORS 462.057 (1)(c)(F) -
0.2 percent. - }
{ + NOTE: + } Restructures section to correct lead-in
problem; adjusts internal references.
SECTION 296. ORS 462.127 is amended to read:
462.127. Notwithstanding any other provision of this chapter:
(1) The Racing Division of the Oregon Quarterhorse Association,
Incorporated, and the Oregon Division Horsemen's Benevolent and
Protective Association, may each be granted up to 15 days of
racing per fiscal year at locations approved by the Oregon Racing
Commission. Such racing will be sponsored by the Racing Division
of the Oregon Quarterhorse Association, Incorporated, or the
Oregon Division Horsemen's Benevolent and Protective Association,
and the net licensee income shall be used only for the payment of
purses to horsemen participating at the meeting. The commission
shall schedule the racing for the Racing Division of the Oregon
Quarterhorse Association, Incorporated, and the Oregon Division
Horsemen's Benevolent and Protective Association, in such a
manner as to avoid conflict with other race meets previously
licensed under ORS 462.057. The Racing Division of the Oregon
Quarterhorse Association, Incorporated, and the Oregon Division
Horsemen's Benevolent and Protective Association, shall make
payments as specified in ORS 462.057 (1).
(2) Racing days granted pursuant to this section shall not be
included in the number of racing days counted for purposes of the
{ - 160-day - } { + 350-day + } limitation referred to in ORS
462.125 (2).
{ + NOTE: + } Corrects limitation reference in (2).
SECTION 297. ORS 464.350 is amended to read:
464.350. (1)(a) The Department of Justice by rule may establish
limits on the number of hours per day and days per week that
organizations licensed by the department may operate bingo or
lotto games or Monte Carlo events.
(b) { - After January 1, 1988, - } The department, by its
rules, shall not permit the operation of bingo or lotto games by
any licensee for more than 15 hours in any one week nor for more
than three days in any one calendar week.
(2) An organization authorized by law to operate Monte Carlo
events:
(a) May not conduct more than seven Monte Carlo events in any
12-month period;
(b) May not directly or indirectly rent a facility for a Monte
Carlo event from a licensed supplier of Monte Carlo event
equipment; and
(c) May not enter into a binding legal contract with a licensed
supplier of Monte Carlo equipment to conduct events for a period
in excess of one year.
(3) No Monte Carlo event shall be conducted that exceeds 12
hours in length. For the purposes of this subsection, each
12-hour period shall begin at the official starting time of the
Monte Carlo event and run continuously, whether or not contests
of chance are continuously operated.
(4) Monte Carlo events shall not be conducted at the same
location more than 15 times in a calendar month or more than 40
times in a calendar year.
{ + NOTE: + } Deletes obsolete provision in (1)(b).
SECTION 298. ORS 465.315 is amended to read:
465.315. (1)(a) Any removal or remedial action performed under
the provisions of ORS 465.200 to 465.510 and 465.900 shall attain
a degree of cleanup of the hazardous substance and control of
further release of the hazardous substance that assures
protection of present and future public health, safety and
welfare and of the environment.
(b) The Director of the Department of Environmental Quality
shall select or approve remedial actions that are protective of
human health and the environment. The protectiveness of a
remedial action shall be determined based on application of both
of the following:
(A) The acceptable risk level for exposures. For protection of
humans, the acceptable risk level for exposure to individual
carcinogens shall be a lifetime excess cancer risk of one per one
million people exposed, and the acceptable risk level for
exposure to noncarcinogens shall be the exposure that results in
a Hazard Index number equal to or less than one. 'Hazard Index
number ' means a number equal to the sum of the noncarcinogenic
risks (hazard quotient) attributable to systemic toxicants with
similar toxic endpoints. For protection of ecological receptors,
if a release of hazardous substances causes or is reasonably
likely to cause significant adverse impacts to the health or
viability of a species listed as threatened or endangered
pursuant to 16 U.S.C. 1531 et seq. or ORS 496.172, or a
population of plants or animals in the locality of the facility,
the acceptable risk level shall be the point before such
significant adverse impacts occur.
(B) A risk assessment undertaken in accordance with the risk
protocol established by the Environmental Quality Commission in
accordance with subsection (2)(a) of this section.
(c) A remedial action may achieve protection of human health
and the environment through:
(A) Treatment that eliminates or reduces the toxicity, mobility
or volume of hazardous substances;
(B) Excavation and off-site disposal;
(C) Containment or other engineering controls;
(D) Institutional controls;
(E) Any other method of protection; or
(F) A combination of the above.
(d) The method of remediation appropriate for a specific
facility shall be determined through an evaluation of remedial
alternatives and a selection process to be established pursuant
to rules adopted by the commission. The director shall select or
approve a protective alternative that balances the following
factors:
(A) The effectiveness of the remedy in achieving protection;
(B) The technical and practical implementability of the remedy;
(C) The long term reliability of the remedy;
(D) Any short term risk from implementing the remedy posed to
the community, to those engaged in the implementation of the
remedy and to the environment; and
(E) The reasonableness of the cost of the remedy. The cost of a
remedial action shall not be considered reasonable if the costs
are disproportionate to the benefits created through risk
reduction or risk management. Subject to the preference for
treatment of hot spots, { - where - } { + when + } two or
more remedial action alternatives are protective as provided in
paragraph (b) of this subsection, the least expensive remedial
action shall be preferred unless the additional cost of a more
expensive alternative is justified by proportionately greater
benefits within one or more of the factors set forth in
subparagraphs (A) to (D) of this paragraph. The director shall
use a higher threshold for evaluating the reasonableness of the
costs for treating hot spots than for remediation of areas other
than hot spots.
(e) For contamination constituting a hot spot as defined by the
commission pursuant to subsection (2)(b) of this section, the
director shall select or approve a remedial action requiring
treatment of the hot spot contamination unless treatment is not
feasible considering the factors set forth in paragraph (d) of
this subsection. For contamination constituting a hot spot under
subsection (2)(b)(A) of this section, the director shall
evaluate, with the same preference as treatment, the excavation
and off-site disposal of the contamination at a facility
authorized for such disposal under state or federal law. For
excavation and off-site disposal of contamination that is a
hazardous waste as described in ORS 466.005, the director shall
consider the method and distance for transportation of the
contamination to available disposal facilities in selecting or
approving a remedial action that is protective under subsection
(1)(d) of this section. If requested by the responsible party or
recommended by the Department of Environmental Quality, the
director may select or approve excavation and off-site disposal
as the remedial action for contamination constituting a hot spot
under subsection (2)(b)(A) of this section.
(f) The Department of Environmental Quality shall develop or
identify generic remedies for common categories of facilities
considering the balancing factors set forth in paragraph (d) of
this subsection. The department's development of generic remedies
shall take into consideration demonstrated remedial actions and
technologies and scientific and engineering evaluation of
performance data. Where a generic remedy would be protective and
satisfy the balancing factors under paragraph (d) of this
subsection at a specific facility, the director may select or
approve the generic remedy for that site on a streamlined basis
with a limited evaluation of other remedial alternatives.
(g) Subject to paragraphs (b) and (d) of this subsection, in
selecting or approving a remedial action, the director shall
consider current and reasonably anticipated future land uses at
the facility and surrounding properties, taking into account
current land use zoning, other land use designations, land use
plans as established in local comprehensive plans and land use
implementing regulations of any governmental body having land use
jurisdiction, and concerns of the facility owner, neighboring
owners and the community.
(2) { - Within 18 months after July 18, 1995, - } The
commission shall adopt rules:
(a) Establishing a risk protocol for conducting risk
assessments. The risk protocol shall:
(A) Require consideration of existing and reasonably likely
future human exposures and significant adverse effects to
ecological receptor health and viability, both in a baseline risk
assessment and in an assessment of residual risk after a remedial
action;
(B) Require risk assessments to include reasonable estimates of
plausible upper-bound exposures that neither grossly
underestimate nor grossly overestimate risks;
(C) Require risk assessments to consider, to the extent
practicable, the range of probabilities of risks actually
occurring, the range of size of the populations likely to be
exposed to the risk, current and reasonably likely future land
uses, and quantitative and qualitative descriptions of
uncertainties;
(D) Identify appropriate sources of toxicity information;
(E) Define the use of probabilistic modeling;
(F) Identify criteria for the selection and application of fate
and transport models;
(G) Define the use of high-end and central-tendency exposure
cases and assumptions;
(H) Define the use of population risk estimates in addition to
individual risk estimates;
(I) To the extent deemed appropriate and feasible by the
commission considering available scientific information, define
appropriate approaches for addressing cumulative risks posed by
multiple contaminants or multiple exposure pathways, including
how the acceptable risk levels set forth in subsection (1)(b)(A)
of this section shall be applied in relation to cumulative risks;
and
(J) Establish appropriate sampling approaches and data quality
requirements.
(b) Defining hot spots of contamination. The definition of hot
spots shall include:
(A) Hazardous substances that are present in high
concentrations, are highly mobile or cannot be reliably
contained, and that would present a risk to human health or the
environment exceeding the acceptable risk level if exposure
occurs.
(B) Concentrations of hazardous substances in ground water or
surface water that have a significant adverse effect on existing
or reasonably likely future beneficial uses of the water and for
which treatment is reasonably likely to restore or protect such
beneficial use within a reasonable time.
(3) Except as provided in subsection (4) of this section, the
director may exempt the on-site portion of any removal or
remedial action conducted under ORS 465.200 to 465.510 and
465.900 from any requirement of ORS 466.005 to 466.385 and ORS
chapters 459, 468, 468A and 468B. Without affecting substantive
requirements, no state or local permit, license or other
authorization shall be required for, and no procedural
requirements shall apply to, the portion of any removal or
remedial action conducted on-site where such removal or remedial
action has been selected or approved by the director under this
section, unless the permit, license, authorization or procedural
requirement is necessary to preserve or obtain federal
authorization of a state program or the person performing a
removal or remedial action elects to obtain the permit, license
or authorization or comply with the procedural requirement. The
person performing a removal or remedial action shall notify the
appropriate state or local governmental body of the permits,
licenses, authorizations or procedural requirements waived under
this subsection and, at the request of the governmental body, pay
applicable fees. Any costs paid as a fee to a governmental body
under this subsection shall not also be recoverable by the
governmental body as remedial action costs.
(4) Notwithstanding any provision of subsection (3) of this
section, any on-site treatment, storage or disposal of a
hazardous substance shall comply with the standard established
under subsection (1)(a) of this section and any activities
conducted in a public right of way under a removal or remedial
action pursuant to this section shall comply with the
requirements of the applicable jurisdiction.
(5) Nothing in this section shall affect the authority of the
director to undertake, order or authorize an interim or emergency
removal action.
(6) Nothing in this section or in rules adopted pursuant to
this section shall prohibit the application of rules in effect on
July 18, 1995, that use numeric soil cleanup standards to govern
remediation of motor fuel and heating oil releases from
underground storage tanks.
{ + NOTE: + } Corrects word choice in (1)(d)(E); deletes
obsolete provision in (2).
SECTION 299. Section 5, chapter 928, Oregon Laws 2001, is
amended to read:
{ + Sec. 5. + } Sections { - 6 to 8a of this 2001 Act - }
{ + 6, 6a, 7 and 8a, chapter 928, Oregon Laws 2001, + } are
added to and made a part of ORS 468.155 to 468.190.
{ + NOTE: + } Excludes inappropriate section from adding
clause.
SECTION 300. { + Notwithstanding any other provision of law,
ORS 468.962 is not considered to have been added to or made a
part of ORS 468.155 to 468.190 for the purpose of statutory
compilation or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
series. + }
{ + NOTE: + } Excludes inappropriate section from series; see
section 299 (amending section 5, chapter 928, Oregon Laws 2001).
SECTION 301. { + ORS 468.962 is added to and made a part of
ORS chapter 468. + }
{ + NOTE: + } Adds section to appropriate chapter; see
sections 299 and 300 (amending section 5, chapter 928, Oregon
Laws 2001, and removing 468.962 from series).
SECTION 302. ORS 468B.110 is amended to read:
468B.110. (1) Except as provided in subsection (2) of this
section, as necessary to achieve and maintain standards of water
quality or purity adopted under ORS 468B.048, the Environmental
Quality Commission or Department of Environmental Quality may, by
rule or order, impose and enforce limitations or other controls
which may include total maximum daily loads, wasteload
allocations for point sources and load allocations for nonpoint
sources, as provided in the Federal Water Pollution Control Act
(33 U.S.C. s1321) and federal regulations and guidelines issued
pursuant thereto.
(2) Unless required to do so by the provisions of the Federal
{ - Clean - } Water { + Pollution Control + } Act, neither
the Environmental Quality Commission nor the Department of
Environmental Quality shall promulgate or enforce any effluent
limitation upon nonpoint source discharges of pollutants
resulting from forest operations on forestlands in this state.
Implementation of any limitations or controls applying to
nonpoint source discharges or pollutants resulting from forest
operations are subject to ORS 527.765 and 527.770. However,
nothing in this section is intended to affect the authority of
the commission or the department provided by law to impose and
enforce limitations or other controls on water pollution from
sources other than forest operations.
(3) When the Environmental Quality Commission establishes
instream water quality standards to protect designated beneficial
uses in the waters of the state, it shall consider, where
applicable, available scientific information including, but not
limited to, stream flow, geomorphology and other factors
representing the variability and complexity of hydrologic systems
and intrinsic water quality conditions.
(4) When the Environmental Quality Commission establishes
instream water quality standards, it will also issue guidelines
describing how the department and the commission will determine
whether water quality standards in waters affected by nonpoint
source activities are being met. In developing these guidelines,
the commission shall include, where applicable, those physical
characteristics such as stream flow, geomorphology, seasons,
frequency, duration, magnitude and other factors which represent
the variability and complexity of forested and other appropriate
hydrologic systems.
{ + NOTE: + } Corrects title of federal Act in (2).
SECTION 303. ORS 468B.130 is amended to read:
468B.130. (1) Except as provided in subsection (2) of this
section, no person may sell, offer to sell or distribute for sale
within Oregon, any cleaning agent containing more than 0.5
percent phosphorus by weight.
(2) A cleaning agent used in automatic dishwashers may be sold,
offered for sale or distributed in Oregon if the cleaning agent
{ - is sold, offered for sale or distributed on or after July 1,
1992, and - } contains 8.7 percent or less phosphorus by weight.
(3) All cleaning agents that are sold in this state shall be
labeled with the percent of phosphorus by weight, including
equivalency in grams of phosphorus per recommended use level.
(4) The Environmental Quality Commission shall adopt rules
governing the labeling requirements imposed by subsection (3) of
this section.
{ + NOTE: + } Deletes outdated provision in (2).
SECTION 304. ORS 468B.217 is amended to read:
468B.217. (1) { - On or before January 1, 1994, - } The
Environmental Quality Commission and the State Department of
Agriculture shall enter into a memorandum of understanding
providing for the State Department of Agriculture to operate a
program for the prevention and control of water pollution from a
confined animal feeding operation.
(2) Subject to the terms of the memorandum of understanding
required by subsection (1) of this section, the State Department
of Agriculture:
(a) May perform any function of the Environmental Quality
Commission or the Department of Environmental Quality relating to
the control and prevention of water pollution from a confined
animal feeding operation.
(b) May enter onto and inspect, at any reasonable time, a
confined animal feeding operation or appurtenant land for the
purpose of investigating a source of water pollution or to
ascertain compliance with a statute, rule, standard or permit
condition relating to the control or prevention of water
pollution from the operation. The State Department of Agriculture
shall have access to a pertinent record of a confined animal
feeding operation including but not limited to a blueprint,
design drawing and specification, maintenance record or log, or
an operating rule, procedure or plan.
{ + NOTE: + } Deletes outdated provision in (1).
SECTION 305. ORS 475.302 is amended to read:
475.302. As used in ORS 475.300 to 475.346:
(1) 'Attending physician' means a physician licensed under ORS
chapter 677 who has primary responsibility for the care and
treatment of a person diagnosed with a debilitating medical
condition.
(2) 'Debilitating medical condition' means:
(a) Cancer, glaucoma, positive status for human
immunodeficiency virus or acquired immune deficiency syndrome, or
treatment for these conditions;
(b) A medical condition or treatment for a medical condition
that produces, for a specific patient, one or more of the
following:
{ - (i) - } { + (A) + } Cachexia;
{ - (ii) - } { + (B) + } Severe pain;
{ - (iii) - } { + (C) + } Severe nausea;
{ - (iv) - } { + (D) + } Seizures, including but not
limited to seizures caused by epilepsy; or
{ - (v) - } { + (E) + } Persistent muscle spasms, including
but not limited to spasms caused by multiple sclerosis; or
(c) Any other medical condition or treatment for a medical
condition adopted by the department by rule or approved by the
department pursuant to a petition submitted pursuant to ORS
475.334.
(3) 'Delivery' has the meaning given that term in ORS 475.005.
(4) 'Department' means the Department of Human Services.
(5) 'Designated primary caregiver' means an individual
{ - eighteen - } { + 18 + } years of age or older who has
significant responsibility for managing the well-being of a
person who has been diagnosed with a debilitating medical
condition and who is designated as such on that person's
application for a registry identification card or in other
written notification to the department. 'Designated primary
caregiver' does not include the person's attending physician.
(6) 'Marijuana' has the meaning given that term in ORS 475.005.
(7) 'Medical use of marijuana' means the production,
possession, delivery, or administration of marijuana, or
paraphernalia used to administer marijuana, as necessary for the
exclusive benefit of a person to mitigate the symptoms or effects
of his or her debilitating medical condition.
(8) 'Production' has the same meaning given that term in ORS
475.005.
(9) 'Registry identification card' means a document issued by
the department that identifies a person authorized to engage in
the medical use of marijuana and the person's designated primary
caregiver, if any.
(10) 'Usable marijuana' means the dried leaves and flowers of
the plant Cannabis family Moraceae, and any mixture or
preparation thereof, that are appropriate for medical use as
allowed in ORS 475.300 to 475.346. 'Usable marijuana' does not
include the seeds, stalks and roots of the plant.
(11) 'Written documentation' means a statement signed by the
attending physician of a person diagnosed with a debilitating
medical condition or copies of the person's relevant medical
records.
{ + NOTE: + } Conforms subparagraph numbering in (2)(b) and
number in (5) to legislative style.
SECTION 306. ORS 475.309 is amended to read:
475.309. (1) Except as provided in ORS 475.316 and 475.342, a
person engaged in or assisting in the medical use of marijuana is
excepted from the criminal laws of the state for possession,
delivery or production of marijuana, aiding and abetting another
in the possession, delivery or production of marijuana or any
other criminal offense in which possession, delivery or
production of marijuana is an element if the following conditions
have been satisfied:
(a) The person holds a registry identification card issued
pursuant to this section, has applied for a registry
identification card pursuant to subsection (9) of this section
{ - , - } or is the designated primary caregiver of a cardholder
or applicant; and
(b) The person who has a debilitating medical condition and
{ - his or her - } { + the person's + } primary caregiver are
collectively in possession of, delivering or producing marijuana
for medical use in the amounts allowed in ORS 475.306.
(2) The Department of Human Services shall establish and
maintain a program for the issuance of registry identification
cards to { - person - } { + persons + } who meet the
requirements of this section. Except as provided in subsection
(3) of this section, the department shall issue a registry
identification card to any person who pays a fee in the amount
established by the department and provides the following:
(a) Valid, written documentation from the person's attending
physician stating that the person has been diagnosed with a
debilitating medical condition and that the medical use of
marijuana may mitigate the symptoms or effects of the person's
debilitating medical condition;
(b) The name, address and date of birth of the person;
(c) The name, address and telephone number of the person's
attending physician; and
(d) The name and address of the person's designated primary
caregiver, if the person has designated a primary caregiver at
the time of application.
(3) The department shall issue a registry identification card
to a person who is under 18 years of age if the person submits
the materials required under subsection (2) of this section, and
the custodial parent or legal guardian with responsibility for
health care decisions for the person under 18 years of age signs
a written statement that:
(a) The attending physician of the person under 18 years of age
has explained to that person and to the custodial parent or legal
guardian with responsibility for health care decisions for the
person under 18 years of age the possible risks and benefits of
the medical use of marijuana;
(b) The custodial parent or legal guardian with responsibility
for health care decisions for the person under 18 years of age
consents to the use of marijuana by the person under 18 years of
age for medical purposes;
(c) The custodial parent or legal guardian with responsibility
for health care decisions for the person under 18 years of age
agrees to serve as the designated primary caregiver for the
person under 18 years of age; and
(d) The custodial parent or legal guardian with responsibility
for health care decisions for the person under 18 years of age
agrees to control the acquisition of marijuana and the dosage and
frequency of use by the person under 18 years of age.
(4) A person applying for a registry identification card
pursuant to this section may submit the information required in
this section to a county health department for transmittal to the
Department of Human Services. A county health department that
receives the information pursuant to this subsection shall
transmit the information to the Department of Human Services
within five days of receipt of the information. Information
received by a county health department pursuant to this
subsection shall be confidential and not subject to disclosure,
except as required to transmit the information to the Department
of Human Services.
(5) The department shall verify the information contained in an
application submitted pursuant to this section and shall approve
or deny an application within thirty days of receipt of the
application.
(a) The department may deny an application only for the
following reasons:
{ - (i) - } { + (A) + } The applicant did not provide the
information required pursuant to this section to establish
{ - his or her - } { + the applicant's + } debilitating
medical condition and to document { - his or her - } { + the
applicant's + } consultation with an attending physician
regarding the medical use of marijuana in connection with such
condition, as provided in subsections (2) and (3) of this
section; or
{ - (ii) - } { + (B) + } The department determines that the
information provided was falsified.
(b) Denial of a registry identification card shall be
considered a final department action, subject to judicial review.
Only the person whose application has been denied, or, in the
case of a person under the age of 18 years of age whose
application has been denied, the person's parent or legal
guardian, shall have standing to contest the department's action.
(c) Any person whose application has been denied may not
reapply for six months from the date of the denial, unless so
authorized by the department or a court of competent
jurisdiction.
(6)(a) If the department has verified the information submitted
pursuant to subsections (2) and (3) of this section and none of
the reasons for denial listed in subsection (5)(a) of this
section is applicable, the department shall issue a serially
numbered registry identification card within five days of
verification of the information. The registry identification card
shall state:
{ - (i) - } { + (A) + } The cardholder's name, address and
date of birth;
{ - (ii) - } { + (B) + } The date of issuance and
expiration date of the registry identification card;
{ - (iii) - } { + (C) + } The name and address of the
person's designated primary caregiver, if any; and
{ - (iv) - } { + (D) + } Such other information as the
department may specify by rule.
(b) When the person to whom the department has issued a
registry identification card pursuant to this section has
specified a designated primary caregiver, the department shall
issue an identification card to the designated primary caregiver.
The primary caregiver's registry identification card shall
contain the information provided in paragraph (a) of this
subsection.
(7)(a) A person who possesses a registry identification card
shall:
{ - (i) - } { + (A) + } Notify the department of any change
in the person's name, address, attending physician or designated
primary caregiver; and
{ - (ii) - } { + (B) + } Annually submit to the department:
{ - (A) - } { + (i) + } Updated written documentation of
the person's debilitating medical condition; and
{ - (B) - } { + (ii) + } The name of the person's
designated primary caregiver if a primary caregiver has been
designated for the upcoming year.
(b) If a person who possesses a registry identification card
fails to comply with this subsection, the card shall be deemed
expired. If a registry identification card expires, the
identification card of any designated primary caregiver of the
cardholder shall also expire.
(8) A person who possesses a registry identification card
pursuant to this section and who has been diagnosed by the
person's attending physician as no longer having a debilitating
medical condition shall return the registry identification card
to the department within seven calendar days of notification of
the diagnosis. Any designated primary caregiver shall return
{ - his or her - } { + the caregiver's + } identification card
within the same period of time.
(9) A person who has applied for a registry identification card
pursuant to this section but whose application has not yet been
approved or denied, and who is contacted by any law enforcement
officer in connection with { - his or her - } { + the
person's + } administration, possession, delivery or production
of marijuana for medical use may provide to the law enforcement
officer a copy of the written documentation submitted to the
department pursuant to subsections (2) or (3) of this section and
proof of the date of mailing or other transmission of the
documentation to the department. This documentation shall have
the same legal effect as a registry identification card until
such time as the person receives notification that the
application has been approved or denied.
{ + NOTE: + } Corrects punctuation in (1)(a); eliminates
gender-specific pronouns in (1)(b), (5)(a)(A), (8) and (9);
corrects grammar in (2); conforms subparagraph numbering to
legislative style in (5)(a), (6)(a) and (7)(a).
SECTION 307. ORS 475.565 is amended to read:
475.565. (1) In addition to any other penalty provided by law:
(a) A person who violates ORS 475.525 shall incur a civil
penalty in an amount of at least $2,000 and not more than
$10,000; and
(b) The court may order other equitable remedies including but
not limited to injunctive relief.
(2) Any fines collected under this section shall be forwarded
to the State Treasurer for deposit in the General Fund to the
credit of the Department of Human Services { - for use by the
department - } . The moneys shall be used for the development and
implementation of drug abuse prevention activities and adolescent
treatment.
{ + NOTE: + } Deletes superfluous language resulting from
name change in (2).
SECTION 308. ORS 475A.005, as amended by section 1a, chapter
780, Oregon Laws 2001, is amended to read:
475A.005. As used in this chapter, unless the context requires
otherwise:
(1) 'All persons known to have an interest' means:
(a) Any person who has, prior to the time the property is
seized for forfeiture, filed notice of interest with any public
office as may be required or permitted by law to be filed with
respect to the property which has been seized for forfeiture;
(b) Any person from whose custody the property was seized; or
(c) Any person who has an interest in the property, including
all owners and occupants of the property, whose identity and
address is known or is ascertainable upon diligent inquiry and
whose rights and interest in the property may be affected by the
action.
(2) 'Attorney fees' has the meaning given that term in ORCP 68
A.
(3) 'Costs and disbursements' are those expenditures set forth
in ORCP 68 A.
(4) 'Financial institution' means any person lawfully
conducting business as:
(a) A financial institution or trust company, as those terms
are defined in ORS 706.008;
(b) A consumer finance company subject to the provisions of ORS
chapter 725;
(c) A mortgage banker or a mortgage broker as those terms are
defined in ORS 59.840, a mortgage servicing company or other
mortgage company;
(d) An officer, agency, department or instrumentality of the
federal government, including but not limited to:
(A) The Secretary of Housing and Urban Development;
(B) The Federal Housing Administration;
(C) The { - Veterans Administration - } { + Department of
Veterans Affairs + };
(D) The Farmers Home Administration;
(E) The Federal National Mortgage Association;
(F) The Government National Mortgage Administration;
(G) The Federal Home Loan Mortgage Association;
(H) The Federal Agricultural Mortgage Corporation; and
(I) The Small Business Administration;
(e) An agency, department or instrumentality of the state,
including but not limited to:
(A) The Housing Agency;
(B) Any entity established by the Director of Veterans' Affairs
to carry out the provisions of ORS chapter 407; and
(C) The Public Employees Retirement System;
(f) An agency, department or instrumentality of any
municipality in the state, including but not limited to such
agencies as the Portland Development Commission;
(g) An insurer as defined in ORS 731.106;
(h) A private mortgage insurance company;
(i) A pension plan or fund or other retirement plan; and
(j) A broker-dealer or investment adviser as defined in ORS
59.015.
(5) 'Forfeiting agency' means the State of Oregon or a
political subdivision thereof that has accepted for forfeiture
property seized by a seizing agency or that is processing a
forfeiture case.
(6) 'Forfeiture counsel' means an attorney designated to
represent a forfeiting agency in forfeiture actions or
proceedings.
(7) 'Law enforcement agency' means any agency which employs
police officers or prosecutes criminal cases.
(8) 'Official law enforcement use' or 'official law enforcement
activity' means uses or activities which may reasonably be
expected to result in the identification, apprehension or
conviction of criminal offenders.
(9) 'Police officer' has the meaning given that term in ORS
133.525.
(10) 'Proceeds of prohibited conduct' means property derived
directly or indirectly from, maintained by or realized through an
act or omission, and includes any benefit, interest or property
of any kind without reduction for expenses of acquiring or
maintaining it or incurred for any other reason.
(11) 'Prohibited conduct' includes violation of, solicitation
to violate, attempt to violate or conspiracy to violate any
provisions of ORS 475.005 to 475.285 and 475.805 to 475.999 when
the conduct constitutes either a felony or misdemeanor as those
terms are defined in ORS 161.525 and 161.545.
(12) 'Property' means any interest in anything of value,
including the whole of any lot or tract of land and tangible and
intangible personal property, including currency, instruments or
securities or any other kind of privilege, interest, claim or
right whether due or to become due.
(13) 'Seizing agency' means a law enforcement agency that has
seized property for forfeiture.
(14) 'Weapon' means any instrument of offensive or defensive
combat or anything used, or designed to be used, in destroying,
defeating or injuring a person.
{ + NOTE: + } Corrects federal agency title in (4)(d)(C).
SECTION 309. ORS 475A.085 is amended to read:
475A.085. (1) A claimant may plead as an affirmative defense
that the property was seized in violation of ORS 475A.025.
(2) In any action brought against property subject to civil
forfeiture under ORS 475A.020 (7), a claimant may plead as an
affirmative defense that the controlled substance was solely for
personal use.
(3) If, by a preponderance of the evidence, the claimant proves
a defense under this section, then judgment shall be entered for
the claimant as provided in ORS 475A.110 { - (6) - } { +
(7) + }.
{ + NOTE: + } Adjusts subsection reference in (3) for
renumbering; see sections 311 and 312 (amending 475A.110).
SECTION 310. ORS 475A.085, as amended by section 10a, chapter
780, Oregon Laws 2001, is amended to read:
475A.085. (1) A claimant may plead as an affirmative defense
that the claimant took the property or the interest which the
claimant holds therein:
(a)(A) Before it was seized for forfeiture;
(B) In good faith and without intent to defeat the interest of
any forfeiting agency; and
(C) Continued to hold the property or interest without
acquiescing in the prohibited conduct; or
(b) By coownership or cotenancy taken in good faith, without
intent to defeat the interest of any forfeiting agency and
continued to hold the property or interest without acquiescing in
the prohibited conduct.
(2) A claimant may plead as an affirmative defense that the
property was seized in violation of ORS 475A.025.
(3) In any action brought against property subject to
forfeiture under ORS 475A.020 (7), a claimant may plead as an
affirmative defense that the controlled substance was solely for
personal use.
(4) If, by a preponderance of the evidence, the claimant proves
a defense under this section, then judgment shall be entered for
the claimant as provided in ORS 475A.110 { - (6) - } { +
(7) + }.
(5) This defense may not be asserted by a financial institution
which holds a security interest in the property.
(6) For the purposes of subsection (1) of this section, a
person shall be considered to have acquiesced in prohibited
conduct if the person knew of the prohibited conduct and
knowingly failed to take reasonable action under the
circumstances to terminate or avoid use of the property in the
course of prohibited conduct.
{ + NOTE: + } Adjusts subsection reference in (4) for
renumbering; see sections 311 and 312 (amending 475A.110).
SECTION 311. ORS 475A.110 is amended to read:
475A.110. { + (1) + } A judgment of forfeiture shall recite
the basis for the judgment.
{ - (1) - } { + (2) + } If no financial institutions have
filed the affidavit described in ORS 475A.075 (2)(b), and if the
court has failed to uphold the claim or affidavit of any other
claimant, the effect of the judgment shall be that:
(a) Title to the property shall pass to the forfeiting agency
free of any interest or encumbrance thereon in favor of any
person who has been given notice;
(b) The forfeiting agency may transfer good and sufficient
title to any subsequent purchaser or transferee, and the title
shall be recognized by all courts, by the state, by the
departments and agencies of the state, and by any political
subdivision. In the case of real property, the forfeiting agency
shall warrant the title against constitutional defect. A warranty
under this section is limited to the purchase price of the real
property; and
(c) Any department, agency or officer of the state or any
political subdivision whose official functions include the
issuance of certificates or other evidence of title shall be
immune from civil or criminal liability when such issuance is
pursuant to a judgment of forfeiture.
{ - (2) - } { + (3) + } If any affidavits are filed by
financial institutions as provided in ORS 475A.075 (2)(b), or if
any claimants file an appearance and claim as provided in ORS
475A.075 (2)(a) or an affidavit as provided in ORS 475A.075
(2)(c):
(a) The court shall foreclose all security interests, liens and
vendor's interests of financial institutions and claimants as to
which the court determines that there is a legal or equitable
basis for foreclosure; and
(b) All other interests applicable to the property, which are
not foreclosed or otherwise eliminated through a judgment and
decree of foreclosure, shall, if and to the extent that they are
valid and subsisting, remain in effect, and the property shall
remain subject to those interests upon completion of the civil
forfeiture proceeding.
{ - (3) - } { + (4) + } Notwithstanding the provisions of
this chapter or other law, if a financial institution or other
person has filed an affidavit described in ORS 475A.075, or if
the court has upheld the claim of any claimant, then as to each
item of property seized:
(a) If the court has determined that the property should not be
forfeited and has not foreclosed the security interests, liens or
other interests covering the property, the court shall render
judgment in favor of the owner of the property, the property
shall be returned to the owner and all security interests, liens
and other interests applicable to the property shall remain in
effect as though the property had never been seized. Upon the
return of the property to the owner, the seizing agency shall pay
all costs and expenses relating to towing and storage of the
property, and shall cause to be discharged any possessory chattel
liens on the property arising under ORS 87.152 to 87.162 that
have attached to the property since the seizure.
(b) If the court has determined that the property should not be
forfeited and has foreclosed one or more interests covering the
property, including security interests or liens covering the
property or contracts for the transfer or conveyance of the
property, the seizing agency shall pay all costs and expenses
relating to towing and storage of the property, and shall cause
to be discharged any possessory chattel liens on the property
arising under ORS 87.152 to 87.162 that have attached to the
property since the seizure and the court shall order the property
sold pursuant to a sheriff's sale or other sale authorized by the
court within such time as may be prescribed by the court
following entry of the judgment. If any interests covering the
property have not been foreclosed, including any liens or
security interests of a claimant whose claim has been upheld, or
of a financial institution that has filed the affidavit described
in ORS 475A.075, the property shall be sold subject to those
interests. The judgment shall also order the proceeds of such
sale applied in the following order:
(A) To the payment of the costs of the sale;
(B) To the satisfaction of the foreclosed liens, security
interests and contracts in order of their priority; and
(C) The excess, if any, to the owner of the property.
(c) If the court has determined that the property should be
forfeited and has foreclosed one or more security interests,
liens, contracts or other interests covering the property, the
seizing agency shall pay all costs and expenses relating to
towing and storage of the property, and shall cause to be
discharged any possessory chattel liens on the property arising
under ORS 87.152 to 87.162 that have attached to the property
since the seizure and the court shall order the property sold in
a commercially reasonable manner at a sheriff's sale or other
sale authorized by the court. If any interest in the property was
claimed by a financial institution or other claimant and the
interest was upheld but not foreclosed, the property shall be
sold subject to the interest. The sale of the property shall be
held within such time as may be prescribed by the court following
entry of the judgment. The judgment shall also order the proceeds
of such sale to be first applied to the satisfaction of the
foreclosed liens, security interests and contracts in the order
of their priority and the excess, if any, to be awarded to the
forfeiting agency for distribution as required by ORS 475A.120.
(d) If the court has determined that the property should be
forfeited and has not foreclosed the interests of any party in
the property, the seizing agency shall pay all costs and expenses
relating to towing and storage of the property and shall cause to
be discharged any possessory chattel liens on the property
arising under ORS 87.152 to 87.162 that have attached to the
property since the seizure, and the court shall enter a judgment
awarding the property to the forfeiting agency, subject to the
interests of any claimants whose claims or affidavits were upheld
by the court, and subject to the interests of any financial
institutions that filed affidavits under ORS 475A.075 (2)(b),
which shall remain in full force and effect.
{ - (4) - } { + (5) + } The forfeiting agency shall not be
liable to any person as a consequence of obedience to a judgment
directing conveyance to a financial institution.
{ - (5) - } { + (6) + } A copy of the judgment, including
any judgment entered under the provisions of ORS 475A.055 (4),
shall be sent by forfeiture counsel to the Asset Forfeiture
Oversight Advisory Committee.
{ - (6) - } { + (7) + } On entry of judgment for a claimant
in any proceeding to forfeit property under this chapter, unless
the court has foreclosed one or more security interests, liens or
other interests covering the property, such property or interest
in property shall be returned or conveyed immediately to the
claimant designated by the court. The court, in the manner
provided by ORCP 68, shall award costs, disbursements and
attorney fees to the prevailing claimants and financial
institutions, to be paid by the forfeiting agency.
{ - (7) - } { + (8) + } Nothing contained in this section
shall prevent a claimant or financial institution from obtaining
any deficiency to which such claimant or financial institution
would otherwise be entitled.
{ - (8) - } { + (9) + } Nothing in this section or in ORS
475A.045 shall prevent a seizing agency from entering into an
agreement with a claimant or other person for the reimbursement
of the seizing agency for the costs and expenses relating to
towing and storage of property or the cost of discharging any
possessory chattel lien on the property arising under ORS 87.152
to 87.162 that attached to the property between seizure of the
property and release or civil forfeiture of the property.
{ + NOTE: + } Restructures section to eliminate faulty
lead-in.
SECTION 312. ORS 475A.110, as amended by section 12a, chapter
780, Oregon Laws 2001, is amended to read:
475A.110. { + (1) + } A judgment of forfeiture shall recite
the basis for the judgment.
{ - (1) - } { + (2) + } If no financial institutions have
filed the affidavit described in ORS 475A.075 (2)(b), and if the
court has failed to uphold the claim or affidavit of any other
claimant, the effect of the judgment shall be that:
(a) Title to the property shall pass to the forfeiting agency
free of any interest or encumbrance thereon in favor of any
person who has been given notice;
(b) The forfeiting agency may transfer good and sufficient
title to any subsequent purchaser or transferee, and the title
shall be recognized by all courts, by the state, by the
departments and agencies of the state, and by any political
subdivision. In the case of real property, the forfeiting agency
shall warrant the title against constitutional defect. A warranty
under this section is limited to the purchase price of the real
property; and
(c) Any department, agency or officer of the state or any
political subdivision whose official functions include the
issuance of certificates or other evidence of title shall be
immune from civil or criminal liability when such issuance is
pursuant to a judgment of forfeiture.
{ - (2) - } { + (3) + } If any affidavits are filed by
financial institutions as provided in ORS 475A.075 (2)(b), or if
any claimants file an appearance, claim and bond as provided in
ORS 475A.075 (2)(a) or an affidavit as provided in ORS 475A.075
(2)(c):
(a) The court shall foreclose all security interests, liens and
vendor's interests of financial institutions and claimants as to
which the court determines that there is a legal or equitable
basis for foreclosure; and
(b) All other interests applicable to the property, which are
not foreclosed or otherwise eliminated through a judgment and
decree of foreclosure, shall, if and to the extent that they are
valid and subsisting, remain in effect, and the property shall
remain subject to them upon completion of the forfeiture
proceeding.
{ - (3) - } { + (4) + } Notwithstanding the provisions of
this chapter or other law, if a financial institution or other
person has filed an affidavit described in ORS 475A.075, or if
the court has upheld the claim of any claimant, then as to each
item of property seized:
(a) If the court has determined that the property should not be
forfeited and has not foreclosed the security interests, liens or
other interests covering the property, the court shall render
judgment in favor of the owner of the property, the property
shall be returned to the owner and all security interests, liens
and other interests applicable to the property shall remain in
effect as though the property had never been seized. Upon the
return of the property to the owner, the seizing agency shall pay
all costs and expenses relating to towing and storage of the
property, and shall cause to be discharged any possessory chattel
liens on the property arising under ORS 87.152 to 87.162 that
have attached to the property since the seizure.
(b) If the court has determined that the property should not be
forfeited and has foreclosed one or more interests covering the
property, including security interests or liens covering the
property or contracts for the transfer or conveyance of the
property, the seizing agency shall pay all costs and expenses
relating to towing and storage of the property, and shall cause
to be discharged any possessory chattel liens on the property
arising under ORS 87.152 to 87.162 that have attached to the
property since the seizure and the court shall order the property
sold pursuant to a sheriff's sale or other sale authorized by the
court within such time as may be prescribed by the court
following entry of the judgment. If any interests covering the
property have not been foreclosed, including any liens or
security interests of a claimant whose claim has been upheld, or
of a financial institution that has filed the affidavit described
in ORS 475A.075, the property shall be sold subject to those
interests. The judgment shall also order the proceeds of such
sale applied in the following order:
(A) To the payment of the costs of the sale;
(B) To the satisfaction of the foreclosed liens, security
interests and contracts in order of their priority; and
(C) The excess, if any, to the owner of the property.
(c) If the court has determined that the property should be
forfeited and has foreclosed one or more security interests,
liens, contracts or other interests covering the property, the
seizing agency shall pay all costs and expenses relating to
towing and storage of the property, and shall cause to be
discharged any possessory chattel liens on the property arising
under ORS 87.152 to 87.162 that have attached to the property
since the seizure and the court shall order the property sold
pursuant to a sheriff's sale or other sale authorized by the
court. If any interest in the property was claimed by a financial
institution or other claimant and the interest was upheld but not
foreclosed, the property shall be sold subject to the interest.
The sale of the property shall be held within such time as may be
prescribed by the court following entry of the judgment. The
judgment shall also order the proceeds of such sale applied in
the following order:
(A) To the payment of the costs of the sale;
(B) To the satisfaction of the foreclosed liens, security
interests and contracts in the order of their priority; and
(C) The excess, if any, to the forfeiting agency to be disposed
of as provided in ORS 475A.120.
(d) If the court has determined that the property should be
forfeited and has not foreclosed the interests of any party in
the property, the seizing agency shall pay all costs and expenses
relating to towing and storage of the property and shall cause to
be discharged any possessory chattel liens on the property
arising under ORS 87.152 to 87.162 that have attached to the
property since the seizure, and the court shall enter a judgment
awarding the property to the forfeiting agency, subject to the
interests of any claimants whose claims or affidavits were upheld
by the court, and subject to the interests of any financial
institutions that filed affidavits under ORS 475A.075 (2)(b),
which shall remain in full force and effect.
{ - (4) - } { + (5) + } The forfeiting agency shall not be
liable to any person as a consequence of obedience to a judgment
directing conveyance to a financial institution.
{ - (5) - } { + (6) + } A copy of the judgment, including
any judgment entered under the provisions of ORS 475A.055 (4),
shall be sent by forfeiture counsel to the Asset Forfeiture
Oversight Advisory Committee.
{ - (6)(a) - } { + (7)(a) + } On entry of judgment for a
claimant in any proceeding to forfeit property under this
chapter, unless the court has foreclosed one or more security
interests, liens or other interests covering the property, such
property or interest in property shall be returned or conveyed
immediately to the claimant designated by the court. The court,
in the manner provided by ORCP 68, shall award costs,
disbursements and attorney fees to the prevailing claimants and
financial institutions, to be paid by the forfeiting agency.
(b) If it appears that there was reasonable suspicion that the
property was subject to forfeiture, the court shall cause a
finding to be entered, and no claimant or financial institution
shall be entitled to damages, nor is the person who made the
seizure, the seizing or forfeiting agency or forfeiture counsel
liable to suit or judgment on account of such seizure or action.
An order directing seizure issued under ORS 475A.035 (4) shall
constitute a finding of reasonable suspicion that the property
was subject to forfeiture.
{ - (7) - } { + (8) + } Nothing contained in this section
shall prevent a claimant or financial institution from obtaining
any deficiency to which such claimant or financial institution
would otherwise be entitled.
{ - (8) - } { + (9) + } Nothing in this section or in ORS
475A.045 shall prevent a seizing agency from entering into an
agreement with a claimant or other person for the reimbursement
of the seizing agency for the costs and expenses relating to
towing and storage of property or the cost of discharging any
possessory chattel lien on the property arising under ORS 87.152
to 87.162 that attached to the property between seizure of the
property and release or forfeiture of the property.
{ + NOTE: + } Restructures section to eliminate faulty
lead-in.
SECTION 313. ORS 477.200 is amended to read:
477.200. The provisions of the Northwest Wildland Fire
Protection Agreement are as follows:
_________________________________________________________________
ARTICLE I
The purpose of this agreement is to promote effective
prevention, presuppression and control of forest fires in the
northwest wildland region of the United States and adjacent areas
of Canada by providing mutual aid in prevention, presuppression
and control of wildland fires and by establishing procedures in
operating plans that will facilitate such aid.
ARTICLE II
(1) This agreement shall become effective for those members
ratifying it whenever any two or more members, the States of
Oregon, Washington, Alaska, Idaho, Montana, the Yukon Territory,
the Province of British Columbia or the Province of Alberta have
ratified it, and when consented to by an Act of Congress of the
United States.
(2) Any state, province or territory not listed in this Article
which is contiguous to any member may become a party to this
agreement subject to unanimous approval of the members.
ARTICLE III
(1) The role of the members is to determine from time to time
such methods, practices, circumstances and conditions as may be
found for enhancing the prevention, presuppression and control of
forest fires in the area comprising the members' territory, to
coordinate the plans and the work of the appropriate agencies of
the members and to coordinate the rendering of aid by the members
to each other in fighting wildland fires.
(2) The members may develop cooperative operating plans for the
program covered by this agreement. Operating plans shall include
definition of terms, fiscal procedures, personnel contracts,
resources available and standards applicable to the program.
Other sections may be added as necessary.
ARTICLE IV
A majority of members shall constitute a quorum for the
transaction of its general business. Motions of members present
shall be carried by a simple majority, except as stated in
Article II. Each member shall have one vote on motions brought
before
{ - them - } { + the members + }.
ARTICLE V
Whenever a member requests aid from any other member in
controlling or preventing wildland fires, the member agrees, to
the extent the member possibly can, to render all possible aid.
ARTICLE VI
(1) Whenever the forces of any member are aiding another member
under this agreement, the employees of such members shall operate
under the direction of the officers of the member to whom they
are rendering aid and be considered agents of the member they are
rendering aid to and, therefore, have the same privileges and
immunities as comparable employees of the member to whom they are
rendering aid.
(2) No member or its officers or employees rendering aid within
another state, territory or province pursuant to this agreement
shall be liable on account of any act or omission on the part of
such forces while so engaged or on account of maintenance or use
of any equipment or supplies in connection therewith to the
extent authorized by the laws of the member receiving the
assistance. The receiving member, to the extent authorized by the
laws of the state, territory or province, agrees to indemnify and
save harmless the assisting member from any such liability.
(3) Any member rendering outside aid pursuant to this agreement
shall be reimbursed by the member receiving such aid for any loss
or damage to, or expense incurred in the operation of, any
equipment and for the cost of all materials, transportation,
wages, salaries and maintenance of personnel and equipment
incurred in connection with such request in accordance with the
provisions of Article V of this agreement. Nothing contained
herein shall prevent any assisting member from assuming such
loss, damage, expense or other cost from lending such equipment
or from donating such services to the receiving member without
charge or cost.
(4) For purposes of this agreement, personnel shall be
considered employees of each sending member for the payment of
compensation to injured employees and death benefits to the
representatives of deceased employees injured or killed while
rendering aid to another member pursuant to this agreement.
(5) The members shall formulate procedures for claims and
reimbursement under the provisions of this Article.
ARTICLE VII
(1) When appropriations for support of this agreement or for
the support of common services in executing this agreement are
needed, costs will be allocated equally among the members.
(2) As necessary, members shall keep accurate books of account,
showing in full the members' receipts and disbursements, and the
books of account shall be open at any reasonable time to the
inspection of representatives of the members.
(3) The members may accept any and all donations, gifts and
grants of money, equipment, supplies, materials and services from
the federal or any local government or any agency thereof and
from any person, firm or corporation for any of its purposes and
functions under this agreement and may receive and use the same
subject to the terms, conditions and regulations governing such
donations, gifts and grants.
ARTICLE VIII
(1) Nothing in this agreement shall be construed to limit or
restrict the powers of any member to provide for the prevention,
control and extinguishment of wildland fires or to prohibit the
enactment or enforcement of state, territorial or provincial
laws, rules or regulations intended to aid in such prevention,
control and extinguishment of wildland fires in such state,
territory or province.
(2) Nothing in this agreement shall be construed to affect any
existing or future cooperative agreement between members or their
respective federal agencies.
ARTICLE IX
(1) The members may request the United States Forest Service to
act as the coordinating agency of the Northwest Wildland Fire
Protection Agreement in cooperation with the appropriate agencies
of each member.
(2) The members will hold an annual meeting to review the terms
of this agreement and any applicable operating plans and make
necessary modifications.
(3) Amendments to this agreement can be made by simple majority
vote of the members and will take effect immediately upon
passage.
ARTICLE X
This agreement shall continue in force on each member until
such member takes action to withdraw therefrom. Such action shall
not be effective until 60 days after notice thereof has been sent
to all other members.
ARTICLE XI
Nothing in this agreement shall obligate the funds of any
member beyond those approved by appropriate legislative action.
_________________________________________________________________
{ + NOTE: + } Corrects grammar in Article IV of compact.
SECTION 314. ORS 477.210 is amended to read:
477.210. (1) During the season of the year when there is danger
of fire, every owner of forestland shall provide adequate
protection against the starting or spread of fire thereon or
therefrom, which protection shall meet with the approval of the
State Board of Forestry.
(2) Subsection (1) of this section is considered to have been
complied with if, on January 1 of each year, the owner { + : + }
(a) Files with the forester a bona fide forest protection plan
{ - which - } { + that + } meets with the approval of the
board { - , - } { + ; + } or
(b) Is a member in good standing in a forest protective
association maintaining a standard of protection approved by the
board.
{ + (3) + } The forester shall make periodic inspections of
the protection facilities provided in order to ascertain
compliance by the owner.
{ - (3) - } { + (4) + } In case any owner of forestland
shall fail or neglect to file such a fire plan or maintain the
standard of protection approved by the board, either through
compliance with the fire plan or membership in an approved
association, then the forester under the direction of the board
shall provide forest protection pursuant to ORS 477.205 to
477.281.
{ - (4) - } { + (5) + } The forester shall provide
protection pursuant to ORS 477.205 to 477.281 for forestland
owned by the state or by a political subdivision located within a
forest protection district, unless adequate protection as
required by this section is otherwise provided.
{ + NOTE: + } Conforms structure to legislative style;
corrects grammar in (2)(a).
SECTION 315. ORS 477.315 is amended to read:
477.315. As used in ORS 477.315 to 477.325, 'rangeland ' means
any land:
(1) That is located in that part of the state lying easterly of
the summit of the Cascade Mountains; { - and - }
(2) That has not been classified as Class 1, Class 2 or Class 3
forestland under ORS 526.305 to 526.370; and
(3) That contains isolated tracts of forestland not so
classified or not within a forest protection district, or that is
primarily rangeland, undeveloped land or undeveloped area
containing sagebrush, juniper and similar growths.
{ + NOTE: + } Eliminates superfluous conjunction in (1).
SECTION 316. ORS 477.365 is amended to read:
477.365. (1) Under instructions from the forester as to their
exercise of state authority, all wardens shall:
(a) Take proper steps for the prevention and extinguishment of
fires within the localities in which they exercise their
functions.
(b) Control the use of fire for clearing land during fire
season, as provided by ORS 477.505 to 477.520.
(c) Make such reports of their work and conditions within their
localities as may be requested by the forester.
(d) Have the power of peace officers to make arrests or issue
citations pursuant to ORS 477.985 for violation of this chapter
or rules or orders adopted pursuant thereto.
(e) Enter upon the lands of any owner only in the discharge of
their fire prevention and suppression duties, provided that in so
entering they exercise due care to avoid doing damage.
(f) Investigate the causes of fires and may secure a fire
origin area, at any time, for the purpose of preserving evidence
and conducting an investigation pertinent to this chapter and
control, restrict or prohibit access by any unauthorized person
so long as is reasonably necessary in the judgment of the warden.
(g) Make a written determination, on a form prescribed by the
State Forester, of the personnel and equipment reasonably
available to an owner or operator who is required to make every
reasonable effort pursuant to ORS 477.120 (5) and { - to - }
revise such determination as frequently as is necessary in the
judgment of the warden.
(h) Make a written determination, on a form prescribed by the
State Forester, of the use of any power-driven machinery in any
operation pursuant to ORS 477.670 and { - to - } revise such
determination as frequently as is necessary in the judgment of
the warden.
(2) The forester, or any warden coming under the jurisdiction
of the forester, may administer oaths in investigations of
violations of this chapter and the preparation of reports
thereon.
{ + NOTE: + } Corrects syntax in (1)(g) and (h).
SECTION 317. ORS 477.580 is amended to read:
477.580. (1) Following the issuance of a permit pursuant to ORS
477.625, and after slashing has been created in an operation area
inside or within one-eighth of one mile of a forest protection
district, the forester may make a determination if such slashing
and debris exists on the operation area in sufficient quantity
and arrangement as to constitute an additional fire hazard that
endangers life, forest resources or property, and if such area is
in need of additional work or protection to reduce, abate or
offset the additional fire hazard. Whenever practical, the
forester shall make the determination referred to in this
subsection during the administration and enforcement of the
Oregon Forest Practices Act.
(2) If the forester determines that an additional fire hazard
exists on the operation area sufficient to endanger life, forest
resources or property, and that such area is in need of
additional work or protection to reduce, abate or offset the
additional fire hazard, the forester shall so notify the
landowner and operator or their representatives in writing of
such determination. Pursuant to rules promulgated by the State
Forester, the notice to the landowner or operator shall contain
provisions for offsetting the additional fire hazard by burning,
improvements, extra protection or other means. The notice shall
also specify a reasonable time for completion of the provisions
contained therein.
(3) When the forester finds that the provisions set forth in
subsection (2) of this section have been complied with or that
the additional hazard has been, in the opinion of the forester,
sufficiently reduced by other means to offset the hazard, the
forester shall immediately issue to the operator or landowner a
release from all obligations imposed by ORS 477.120 (2)(c).
(4) If the forester determines that an additional fire hazard
exists, the forester shall, at the request of the owner or
operator, with the approval of the owner, grant a release upon
payment by the owner or operator of such sum of money as the
forester finds necessary to provide additional protection or
means necessary to reduce or offset the additional hazard created
by such slashing and other debris. In no event may this sum
exceed { + the lesser of: + }
(a) $6 for each 1,000 board feet of timber harvested in an
operation; { - or - }
(b) The forester's estimated cost of reducing or providing
other means to offset the additional hazard; or
(c) $10 for each acre in a stand improvement operation where no
timber is harvested { - , whichever amount is the lesser - } .
{ + (5) + } Moneys received under { - this - } subsection
{ + (4) of this section + } shall be placed in the State
Treasury, credited to the State Forestry Department Account and
used exclusively for the purposes of forest protection within the
district.
{ - (5) - } { + (6) + } Any owner of forestland may make
written request to the forester to assume all obligations for the
disposal or reduction of any additional fire hazard determined to
exist thereon. If the forester then determines that the owner can
comply with such obligation, the forester shall immediately issue
to all other persons involved a written release of such
obligations.
{ - (6) - } { + (7) + } Any order or determination made by
the forester pursuant to this section is final unless modified or
vacated in an appeal to the State Board of Forestry taken within
30 days after issuance of the order.
{ + NOTE: + } Conforms structure of (4) to legislative style;
adjusts internal reference in (5).
SECTION 318. ORS 477.880 is amended to read:
477.880. (1) An assessment for the cost of fire protection and
suppression is levied upon the owners of all forestland
{ - which - } { + that + } has been classified under ORS
526.305 to 526.370 { - , - } and that is protected from the
start or spread of fire thereon or therefrom by:
(a) The forester under ORS 477.210 { - (3) - } { + (4) + },
with the approval of the State Board of Forestry;
(b) The United States of America through contract or agreement
with the forester or board;
(c) Any forest protective agency under contract or agreement
with the forester or board pursuant to ORS 477.406; or
(d) Any forest protective agency, described in paragraph (c) of
this subsection, under a contract or agreement with the United
States of America wherein such agency agrees to protect specific
federal forestlands, and in return, the United States of America
agrees to protect specific lands of such agency.
(2) Except as otherwise provided in ORS 477.760, for each
fiscal year the assessment levied per acre of ownership of
forestland designated in subsection (1) of this section shall be:
(a) Six cents for all forestlands east of the summit of the
Cascade Mountains and all forestlands which have been classified
Class 3, agricultural class, under ORS 526.305 to 526.370; or
(b) Four cents for all forestlands not described in paragraph
(a) of this subsection.
{ + NOTE: + } Corrects grammar and punctuation in (1).
Adjusts subsection reference in (1)(a) for renumbering; see
section 314 (amending 477.210).
SECTION 319. ORS 479.140 is amended to read:
479.140. (1) The State Fire Marshal and deputies and assistants
shall require teachers of public and private schools and
educational institutions to have one fire drill each month and to
keep all doors and exits unlocked during school hours.
(2) { - After July 1, 1965, - } All painting or finish
applied to interior combustible surfaces, except floors and trim,
of public and private school buildings and educational
institutions shall be of a fire-retardant material meeting flame
spread regulations for interior finish established by the State
Fire Marshal pursuant to ORS 476.030.
{ + NOTE: + } Deletes obsolete provision in (2).
SECTION 320. ORS 479.195 is amended to read:
479.195. (1) { - After January 1, 1968, - } All dance halls,
clubs, amusement halls, auditoriums and every place of public
assembly not having fixed seats and having a capacity of more
than 100 persons shall post and keep posted a notice of the
maximum number of persons allowed at any one time as established
by regulations of the State Fire Marshal or by the approved
authority when such public assemblies are located within the
jurisdiction of a governmental subdivision granted the exemption
provided by ORS 476.030 (3). All such capacity notices shall be
on a form approved or provided by the State Fire Marshal and
shall be securely fixed and posted in a conspicuous place so as
to be readily visible to the occupants of such place of assembly.
(2) If the State Fire Marshal, or deputies, assistants as
defined in ORS 476.060, or the approved authority, as provided by
ORS 476.030 (3), upon examination or inspection finds a building
or other structure described in subsection (1) of this section,
to be occupied by a number of persons in excess of the maximum
number of persons allowed at any one time as set forth in the
capacity notice, the State Fire Marshal, or deputies, assistants
as defined in ORS 476.060, or the approved authority, as provided
in ORS 476.030 (3), may close the building or other structure for
use or occupancy until compliance has been made.
(3) The owner of any building or other structure closed under
subsection (2) of this section shall have immediate access to the
circuit court for the county in which the building or other
structure is located for review of the order of exclusion or
removal. Such access may be in the form of any appropriate
judicial proceeding and shall be given priority over all other
cases on the docket of the circuit court.
(4) The closure provided for in subsection (2) of this section
shall not exclude any other remedies available to the State Fire
Marshal, deputies, or approved authority, as provided by ORS
476.030 (3).
{ + NOTE: + } Deletes obsolete provision in (1).
SECTION 321. ORS 479.540 is amended to read:
479.540. (1) Except as otherwise provided in this subsection, a
person is not required to obtain a license to make an electrical
installation on property that is owned by the person or a member
of the person's immediate family if the property is not intended
for sale, exchange, lease or rent. The following apply to the
exemption established in this subsection:
(a) The exemption established for a person under this
subsection does not exempt the work performed by the person from
having to comply with the requirements for such work under ORS
chapter 455 or this chapter and rules adopted thereunder.
(b) If the property is a building used as a residence and is
for rent, lease, sale or exchange, this subsection establishes an
exemption for work on, alterations to or replacement of parts of
electrical installations as necessary for maintenance of the
existing electrical installations on that property, but does not
exempt new electrical installations or substantial alterations to
existing electrical installations on that property. As used in
this paragraph, 'new electrical installations or substantial
alterations' does not include the replacement of an existing
garbage disposal, dishwasher or electric hot water heater with a
similar appliance of 30 amps or less, single phase, by a
landlord, landlord's agent or the employee of the landlord or
landlord's agent.
(2) An electrical contractor license is not required in
connection with an electrical installation:
(a) Of meters and similar devices for measuring electricity by
a person principally engaged in the business of generating or
selling electricity in connection with the construction or
maintenance of electrical lines, wires or equipment.
(b) Of ignition or lighting systems for motor vehicles.
(c) To be made by a person on the person's property in
connection with the person's business.
(d) To be made by a public utility, telecommunications carrier
as defined in ORS 133.721 or municipality for generation,
transmission or distribution of electricity on property which it
owns or manages.
(3) A person whose sole business is generating or selling
electricity in connection with the construction or maintenance of
electrical lines, wires or equipment, is not required to obtain a
license to transform, transmit or distribute electricity from its
source to the service head of the premises to be supplied
thereby.
(4)(a) A person is not required to obtain a license for the
repair or replacement of light fixtures, light switches, lighting
ballast, electrical outlets or smoke alarms in a building used
for housing purposes that is owned, leased, managed or operated
by a housing authority and the person doing the repair or
replacement is a member of the housing authority's regular
maintenance staff.
(b) A license is not required for:
(A) Temporary demonstrations;
(B) A street lighting system located on a public street or in a
right of way if the system is similar to a system provided by a
public utility and the installation or maintenance, or both, is
performed by a qualified employee of a licensed electrical
contractor principally engaged in the business of installing and
maintaining such systems; or
(C) An outdoor transmission or distribution system, whether
overhead or underground, if the system is similar to a system
provided by a public utility and the installation or maintenance,
or both, is performed by a qualified employee of a licensed
electrical contractor principally engaged in the business of
installing and maintaining such systems.
(c) For the purposes of this subsection, 'qualified employee'
means an employee who has registered with or graduated from a
State of Oregon or federally approved apprenticeship course
designed for the work being performed. The supervising
electrician signature required under ORS 479.560 (1)(b) does not
apply to contractors working under this subsection.
(5) The provisions of ORS 479.510 to 479.945 and 479.995 do not
apply:
(a) To electrical products owned by, supplied to or to be
supplied to a public utility as defined in ORS 757.005 or
telecommunications carrier as defined in ORS 133.721;
(b) To electrical installations made by or for such a public
utility or telecommunications carrier where the electrical
installations are an integral part of the equipment or electrical
products of such utility; or
(c) To any electrical generation plant owned or operated by a
municipality to the same extent as a public utility or
telecommunications carrier under paragraphs (a) and (b) of this
subsection.
(6) A permit is not required:
(a) For the repair or replacement of light fixtures, light
switches, lighting ballast, electrical outlets or smoke alarms in
a building used for housing purposes that is owned, leased,
managed or operated by a housing authority; or
(b) For the repair, alteration or replacement of existing
electrical products or electrical installations authorized by ORS
479.560 (3) at an industrial plant, a commercial office building,
a building that is owned, leased, managed or operated by the
state or a local government entity or other facilities designated
by the Electrical and Elevator Board when the owner, operating
manager or electrical contractor of the facility meets the
provisions of ORS 479.630 (1) and (2) and:
(A) Obtains a master permit for inspection under ORS 479.560
(3); or
(B) Obtains a master individual inspection permit under ORS
479.565.
(7) In cases of emergency in industrial plants, a permit is not
required in advance for electrical installation made by a person
licensed as a general supervising electrician, a general
journeyman electrician or an electrical apprentice under ORS
479.630 if an application accompanied by appropriate fee for a
permit is submitted to the Department of Consumer and Business
Services within five days after the commencement of such
electrical work.
(8)(a) A license or permit is not required for the installation
or assembly of industrial electrical equipment by the duly
authorized agents of the factory, vendor or owner.
(b) The license and permit exemptions of this subsection do not
apply to activity in an area where industrial electrical
equipment is installed in or enters a hazardous location or
penetrates or enters a fire rated assembly or plenum rated
assembly.
(c) As used in this subsection:
(A) 'Duly authorized agents' means individuals trained by the
factory or a vendor or by experience and who are knowledgeable in
the operation, maintenance, repair and installation of industrial
electrical equipment.
(B) 'Installation or assembly' means the reassembly at a job
site of equipment that is wired and assembled at the factory and
then disassembled for shipping purposes or of existing equipment
that is relocated. 'Installation or assembly' does not include
work involving field fabricated assemblies or any other
electrical product that is not an original part of the industrial
electrical equipment. 'Installation or assembly' does not include
the connection of industrial electrical equipment to a power
source.
(9) A person is not required to obtain a license or permit to
set in place and connect a certified electrical product as long
as the work performed is not an electrical installation as
defined in ORS 479.530.
(10) The provisions of ORS 479.510 to 479.945 and 479.995 do
not apply to electrical installations involving:
(a) Communication and signal systems of railroad companies.
(b) Telephone terminal equipment and communications systems
including all grandfathered or registered telephone terminal
equipment and communications systems identified in the Federal
Communications Commission rules and regulations, Volume X, part
68, and all terminal equipment and communications systems that
are utilized in conjunction with private line communications
services.
(c) Remote and permanent broadcast systems of radio and
television stations licensed by the Federal Communications
Commission if the systems are not part of the building's
permanent wiring.
(11)(a) The board may grant partial or complete exemptions by
rule for any electrical product from any of the provisions of ORS
455.610 to 455.630 or 479.510 to 479.945 and 479.995 if the board
determines that the electrical product does not present a danger
to the health and safety of the people of this state.
(b) If the board grants an exemption pursuant to subsection (1)
of this section, the board may determine that the product may be
installed by a person not licensed under ORS 479.510 to 479.945
{ - and 479.995 - } .
(12) ORS 479.760 does not apply to products described in this
subsection that comply with the minimum electrical installation
safety code. This subsection does not exempt any products used in
locations determined to be hazardous in the electrical code of
this state. The following apply to this subsection:
(a) Except as provided in paragraph (b) of this subsection, the
exemption under this subsection applies to:
(A) Industrial electrical equipment that is factory wired using
separately certified components and is custom-made, limited
produced or outside the scope, as determined by the Director of
the Department of Consumer and Business Services, of the
standards and requirements of Underwriters Laboratories, Canadian
Standards Association or American National Standards Institute as
in effect on October 23, 1999.
(B) The rotating equipment portion of power generation
equipment.
(C) Testing equipment used in a laboratory or hospital.
(D) Commercial electrical air conditioning equipment.
(E) Prefabricated work performed by an electrical contractor
with licensed electrical personnel in the contractor's place of
business for assembly on the job site if the work is composed of
parts that are certified electrical products.
(b) Notwithstanding paragraph (a) of this subsection, the board
may require any of the products described in paragraph (a) of
this subsection to be subject to the certification requirements
under ORS 479.760 if the board determines that the product or
class of products has presented a fire or life safety hazard in
use. A determination under this paragraph shall be effective as
to any such product or class of products sold or offered for sale
after the date of the determination becomes final. The board may
reinstate any exemption removed under this paragraph if the board
determines that the reasons for the removal of the exemption have
been corrected.
(13) ORS 479.760 does not apply to electrical equipment that
has been in use for one year or more and that is offered for
sale.
(14) A person who holds a limited maintenance specialty
contractor license or a limited pump installation specialty
contractor license issued under ORS 479.510 to 479.945 { - and
479.995 - } or a person who is the employee of such license
holder and who is listed with the board as an employee is not
required to have a journeyman license or supervising
electrician's license to perform work authorized under the
person's license.
(15) A person is not required to obtain a permit for work on,
alterations to or replacement of parts of electrical
installations as necessary for maintenance of existing electrical
installations on residential property owned by the person or by a
member of the person's immediate family. This subsection does not
establish an exemption for new electrical installations or
substantial alterations to existing electrical installations.
(16) A permit is not required for those minor electrical
installations for which the board has authorized an installation
label.
(17) A residential home, as defined in ORS 443.580, and an
adult foster home, as defined in ORS 443.705, is not a
multifamily dwelling and only electrical installation standards
and safety requirements applicable to single family dwellings
apply to such homes.
(18) The permit requirements of ORS 479.550 and the license
requirements of ORS 479.620 do not apply to cable television
installations.
(19) The provisions of any electrical products code or rule
adopted pursuant to ORS 479.510 to 479.945 and 479.995 apply to
cable and such products installed as part of a cable television
installation.
(20) As used in this section, 'smoke alarm' shall have the
meaning given that term under ORS 479.250.
{ + NOTE: + } Deletes inappropriate references to penalty
section in (11)(b) and (14).
SECTION 322. ORS 479.545 is amended to read:
479.545. (1) Except as provided in subsection (2) of this
section, no person is exempted by ORS 479.540 from the
requirements under ORS 479.510 to 479.945 { - and 479.995 - }
to have a license to make electrical installations solely on the
basis the person is employed by an agency of this state.
(2) Any person issued a letter of authority under ORS 479.545
(1985 Replacement Part) may continue to make electrical
installations under ORS 479.510 to 479.945 { - and 479.995 - }
on property owned or controlled by an agency of the state.
{ + NOTE: + } Deletes inappropriate references to penalty
section.
SECTION 323. ORS 479.560 is amended to read:
479.560. (1) The Department of Consumer and Business Services
or a designated agent shall issue a permit to:
(a) Any applicant who has complied with ORS 479.510 to 479.945
{ - and 479.995 - } and the rules issued thereunder, covering
an electrical installation to be made on the applicant's own
property as allowed under ORS 479.540 (1).
(b) A licensed electrical contractor or an agent the contractor
has designated to the department or the department's designated
agent in a record signed by the electrical contractor. The
department or department's designated agent shall only issue a
permit under this subsection if the application for the permit is
accompanied by a signed statement that the electrical
contractor's general supervising electrician of record will sign
the permit before an inspection of the electrical work is
requested. A contractor or the contractor's general supervisor
will promptly request an inspection of electrical work performed
under a permit issued under this subsection. A permit issued
under this subsection shall state the name of the electrical
contractor.
(2) A permit issued to an electrical contractor upon the
request of the contractor's supervising electrician is void upon
the end of the employment of such supervising electrician before
completion of the electrical installation.
(3) Except for the installation or alteration of an electrical
service, the owner, operating manager or electrical contractor of
an industrial plant who meets the provisions of ORS 479.630 (1)
and (2), a commercial office building, a building that is owned,
leased, managed or operated by the state or a local government
entity or other facilities designated by the Electrical and
Elevator Board, in lieu of the required inspection permit, may
apply to the department or municipality providing inspection
service for a master electrical inspection permit. Under the
permit the authority having jurisdiction shall cause a periodic
inspection to be made of the electrical installations. The
authority may also cause a cover inspection, which shall be made
before electrical installations are covered. The periodic
inspection under the permit shall be done at least once a year or
more frequently based on the needs of the particular plant,
building or facility. The department shall adopt rules in
accordance with ORS 183.310 to 183.550 for:
(a) The annual issuance of the master electrical inspection
permit;
(b) The conduct of the inspections on the electrical
installations and electrical products;
(c) The granting of a waiver of payment of permit fees other
than for the master electrical inspection permit; and
(d) The fixing and collecting of inspection fees at the cost of
making the inspection according to the time required of the
inspector.
{ + NOTE: + } Deletes inappropriate reference to penalty
section in (1)(a).
SECTION 324. ORS 479.570 is amended to read:
479.570. (1) Except as provided in subsection (2) of this
section, a person who sells electricity shall not energize an
electrical installation unless the installation is first approved
by an inspector authorized to perform inspections under ORS
479.510 to 479.945 { - and 479.995 - } .
(2) Subsection (1) of this section does not apply to:
(a) An installation for which a written request to energize has
been made by a licensed supervising electrician qualified
pursuant to ORS 479.630 (2) and to which the appropriate
electrical permit has been attached;
(b) A temporary installation of less than 480 volts made to
provide service to a construction site or irrigation pump if the
installation is properly grounded and the appropriate electrical
permit is attached thereto;
(c) An installation within a plant or system of a person who
sells electricity. As used in this paragraph, 'person who sells
electricity' does not include small power production facilities
as defined in ORS 758.500 (1981 Replacement Part); or
(d) A minor electrical installation for which a valid
installation label has been issued.
(3) Electrical installations energized without inspection
pursuant to subsection (2)(a) and (b) of this section must
receive final inspection as required by ORS 479.510 to 479.945
{ - and 479.995 - } .
{ + NOTE: + } Deletes inappropriate references to penalty
section in (1) and (3).
SECTION 325. ORS 479.610 is amended to read:
479.610. Except as provided under ORS 479.540, no person shall
sell or dispose of by gift or otherwise in connection with the
person's business an electrical product that is not certified or
evaluated under the requirements of ORS 479.510 to 479.945
{ - and 479.995 - } .
{ + NOTE: + } Deletes inappropriate reference to penalty
section.
SECTION 326. ORS 479.630 is amended to read:
479.630. Upon payment of applicable examination and license
fees required under ORS 479.840, the Department of Consumer and
Business Services shall issue:
(1) An electrical contractor's license to a person engaging in
or carrying on a business of making electrical installations who
has complied with ORS 479.510 to 479.945 { - and 479.995 - }
and the rules issued thereunder.
(2) A general supervising electrician's license to a person
who:
(a) Has complied with ORS 479.510 to 479.945 { - and
479.995 - } and the rules issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the Electrical and Elevator
Board that the person has had at least four years of experience
as a general journeyman electrician or its equivalent, as
determined by the board by rule, in installing, maintaining and
repairing electrical wires and equipment.
(3) A limited supervising electrician's license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to supervise the class of electrical
work included in the branch of the electrical trade and for which
the person has passed the examination administered by the
department. A person qualifies under this subsection if the
person:
(a) Has complied with ORS 479.510 to 479.945 { - and
479.995 - } and the rules issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the board that the person has
had at least four years of specialized experience in a recognized
branch of the electrical trade on the journeyman level.
(4) A general journeyman electrician's license to a person who:
(a) Has complied with ORS 479.510 to 479.945 { - and
479.995 - } and the rules issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the board that:
(A) The person has had at least four years of general
experience as an apprentice or its equivalent, as determined by
the board by rule, in installing, maintaining and repairing
electrical wires and equipment, including not fewer than 1,000
hours in wiring on single or multifamily dwelling units; or
(B) If the person is licensed as a limited residential
electrician under subsection (14) of this section, subsequent to
receiving that license, the person has worked for at least two
years as a limited residential electrician and subsequent to
those two years has completed an additional two years' experience
as an apprentice or its equivalent, as determined by the board by
rule, for that period of apprenticeship time worked exclusively
in installing, maintaining and repairing electrical wires and
equipment in the commercial and industrial branches of the
electrical trade under the supervision of a licensed electrical
contractor.
(5) A limited journeyman electrician's license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the
person has passed the examination administered by the department.
A person qualifies under this subsection if the person:
(a) Has complied with ORS 479.510 to 479.945 { - and
479.995 - } and the rules issued thereunder;
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(c) Submits proof satisfactory to the board that the person has
had at least four years of specialized experience as an
apprentice or its equivalent, as determined by the board by rule,
in a recognized branch of the electrical trade.
(6) A limited elevator journeyman license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to install, maintain and repair
elevators, including all electrical and mechanical systems. A
person qualifies under this subsection if the person has
completed an elevator apprenticeship program, including both
electrical and mechanical training components, approved by the
Electrical and Elevator Board by rule and the person submits an
application for licensure to the board in writing. A person
issued a license under this subsection is exempt from continuing
education requirements established under ORS 479.650 and 479.680.
(7) An electrical apprentice's license to a person who:
(a) Has complied with ORS chapter 660 as an electrical
apprentice; and
(b) Has complied with ORS 479.510 to 479.945 { - and
479.995 - } and the rules issued thereunder.
(8) An electrical apprentice's license to a trainee toward a
limited residential electrician's license who:
(a) Has complied with ORS chapter 660 as an electrical
apprentice; and
(b) Has complied with ORS 479.510 to 479.945 { - and
479.995 - } and the rules issued thereunder.
(9) An electrical apprentice's license to a trainee toward a
limited journeyman's license in a recognized branch of the
electrical trade who is employed by an employer who also:
(a) Employs a holder of either a general journeyman
electrician's license or a limited journeyman electrician's
license; and
(b) Conducts an electrical training program in a recognized
branch of the electrical trade approved by the Electrical and
Elevator Board as being a training program that will adequately
prepare the trainee for the limited journeyman's license
providing that the trainee has complied with ORS 479.510 to
479.860 and the rules issued thereunder.
(10) A limited maintenance electrician's license to a person
who qualifies under this subsection. A person licensed under this
subsection is authorized to maintain, repair and replace
electrical installations, including electrical components,
required on the premises of industrial plants, commercial office
buildings, buildings occupied by the state or a local government
entity or facilities designated by the Electrical and Elevator
Board. The following apply to this subsection:
(a) A person qualifies under this subsection if the person:
(A) Has complied with ORS 479.510 to 479.945 { - and
479.995 - } and the rules issued thereunder;
(B) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department on repair,
replacement and maintenance of equipment of the type and nature
normally used in an industrial plant, commercial office building
or government building and on the use of testing equipment; and
(C)(i) Completes a two-year training program approved by the
board that provides for training and supervision of the trainee
or apprentice; or
(ii) Submits proof satisfactory to the board that the person
has had sufficient experience and related educational training in
the repair, replacement and maintenance of electrical wiring and
equipment of the type and nature used in an industrial plant,
commercial office building or government building, as determined
by the board or by an appropriate local apprenticeship committee
recognized by the State Apprenticeship and Training Council.
(b) { - A worker or applicant for license under this
subsection is not in violation of this chapter by reason of
electrical maintenance, replacement and repair work performed
during the period of required experience whenever required prior
to August 9, 1961. - } An annual inspection of the premises upon
which electrical work is performed by persons licensed under this
subsection shall be made by the electrical inspector for an
annual fee determined by the board by rule, based upon the time
required for the inspection, payable to the department.
(c) A person licensed under this subsection may be employed
directly by the owner, or owner's agent, of any government
building or commercial office building. A building owner or
owner's agent need not be licensed under this section to
supervise a limited maintenance electrician.
(d) The Department of Consumer and Business Services, in
consultation with the appropriate board, shall adopt rules
defining government buildings and commercial office buildings
subject to this subsection.
(11) A limited building maintenance electrician's license to a
person who qualifies under this subsection. The following apply
to this subsection:
(a) A person licensed under this subsection is authorized to
maintain, repair and replace the following electrical
installations required on the premises of commercial office
buildings, buildings occupied by the state or a local government
entity or facilities designated by the board in electrical
systems not exceeding 300 volts to ground:
(A) Electrical appliances;
(B) Light switches;
(C) Light fixtures;
(D) Fans;
(E) Receptacles; and
(F) Fluorescent ballasts.
(b) A person qualifies under this subsection if the person:
(A) Has complied with ORS 479.510 to 479.945 { - and
479.995 - } and the rules issued thereunder;
(B) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department on maintenance,
repair and replacement of equipment of the type and nature
normally used in a commercial office building or government
building and on the use of testing equipment; and
(C) Submits proof satisfactory to the board that the person
has:
(i) Had sufficient experience in the maintenance, repair and
replacement of electrical wiring and equipment of the type and
nature normally used in a commercial office building or
government building; or
(ii) Completed a one-year training course, with classroom and
on-the-job training components approved by the board, on the
maintenance, repair and replacement of electrical wiring and
equipment of the type and nature normally used in a commercial
office building or government building.
(c) An annual inspection of the premises upon which electrical
work is performed by persons licensed under this subsection shall
be made by the electrical inspector for an annual fee determined
by the board by rule, based upon the time required for the
inspection, payable to the department, or the inspection shall be
performed under an electrical master permit program.
(d) Building owners may perform work regulated by this
subsection and for which a license is required under this
subsection without obtaining a license.
(e) A person who owns more than 50 percent of a corporation
that controls a building is a building owner.
(f) A person licensed under this subsection may be employed by
the owner of a commercial office building or the owner's agent.
A building owner or owner's agent need not be licensed under this
section to supervise a limited building maintenance electrician.
(12) A limited maintenance specialty contractor license to a
person who qualifies under this subsection. A person licensed
under this subsection is authorized to engage in the electrical
work related to the repair, service, maintenance, installation or
replacement of existing, built-in or permanently connected
appliances, fluorescent ballasts or similar equipment and to
employ individuals to engage in that work. Nothing in this
subsection allows the installation of appliances, ballasts or
other equipment if there is no existing installation of similar
equipment. A person qualifies under this subsection if the person
submits:
(a) Proof satisfactory to the board that the person has had
sufficient experience in the type of work permitted under the
license issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this
subsection.
(13) A limited pump installation specialty contractor license
to a person who qualifies under this subsection. A person
licensed under this subsection is authorized to engage in
electrical work related to the testing, repair, service,
maintenance, installation or replacement of new or existing pump
equipment for potable or irrigation water systems, sump pumps,
effluent pumps and ground water pumps on residential and
agricultural property, to employ individuals to engage in such
work. A person qualifies under this subsection if the person
submits:
(a) Proof satisfactory to the board that the person has had
sufficient experience in the type of work permitted under the
license issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this
subsection.
(14) A limited residential electrician's license to a person
who qualifies under this subsection. A person licensed under this
subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the
person has passed the examination administered by the department
and approved by the board. However, a person licensed under this
subsection shall perform the electrical work allowed by the
license only on single and multifamily dwelling units not
exceeding three floors above grade. For purposes of this
subsection, the first floor of a building is the floor that is
designed for human habitation and that has 50 percent or more of
its perimeter level with or above finished grade of the exterior
wall line. A person qualifies under this subsection if the
person:
(a) Has complied with ORS 479.510 to 479.945 { - and
479.995 - } and rules issued under those sections;
(b) Has received the same number of hours of electrical safety
training as required by rule for an electrical apprentice or its
equivalent and who has received training in electrical theory;
(c) Submits documented proof to the board of at least two years
of apprenticeship or trainee experience in residential wiring of
single and multifamily dwelling units or its equivalent, as
determined by the board by rule; and
(d) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department.
(15) A Class I or Class II oil module electrician's license to
a person who:
(a) Has complied with ORS 479.510 to 479.945 { - and
479.995 - } and the rules adopted pursuant thereto; and
(b) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department.
(16) A limited renewable energy contractor license to a person
who:
(a) Employs at least one full-time renewable energy technician;
and
(b) Does not engage in electrical work other than work that may
be performed by a limited renewable energy technician. A limited
renewable energy contractor may not make, direct, supervise or
control the making of an electrical installation unless the
contractor is licensed for that activity.
(17) A limited renewable energy technician license to a person
who qualifies under this subsection. A person qualifies for
licensing as a limited renewable energy technician if the person
completes a two-year apprenticeship program and passes an
examination approved by the board. A person licensed under this
subsection may, while in the employ of a licensed electrical
contractor or a limited renewable energy contractor:
(a) Install, maintain, replace or repair electrical wiring and
electrical products that convey or operate on renewable
electrical energy not exceeding 25 kilowatts AC; and
(b) Make electrical installations not exceeding 25 kilowatts
AC:
(A) On devices using renewable energy involving wind, solar
energy systems, micro-hydroelectricity, photovoltaic systems or
fuel cells.
(B) Up to the load side of an inverter.
(C) To connect generators that are sized to facilitate the
inverter in an off-grid system.
(18) Notwithstanding any other provision of this chapter, the
board may not administer an examination nor shall the department
issue any license to a person whose practical experience
qualification for the license is based upon training or
experience in another state if the board determines that the
training or experience is not equivalent to the standards for
electrical training programs prescribed in this state.
{ + NOTE: + } Deletes inappropriate references to penalty
section in (1), (2)(a), (3)(a), (4)(a), (5)(a), (7)(b), (8)(b),
(10)(a)(A), (11)(b)(A), (14)(a) and (15)(a); expunges obsolete
provision in (10)(b).
SECTION 327. ORS 479.640 is amended to read:
479.640. (1) All licenses issued under ORS 479.510 to 479.945
{ - and 479.995 - } shall bear the date of issuance.
(2) All electrical contractor, limited energy contractor,
limited sign contractor, pump specialty contractor, elevator
contractor and limited maintenance specialty contractor licenses
issued under ORS 479.510 to 479.945 { - and 479.995 - } shall
expire on October 1 of each year.
(3) All other licenses issued under ORS 479.510 to 479.945
{ - and 479.995 - } shall expire on October 1 no later than
three years after the date of issuance.
{ + NOTE: + } Deletes inappropriate references to penalty
section.
SECTION 328. ORS 479.650 is amended to read:
479.650. (1) The holder of a license is entitled to renewal of
the license upon its expiration if the person:
(a) Pays the fee required by ORS 479.840;
(b) Complies with ORS 479.510 to 479.945 { - and 479.995 - }
and the rules issued thereunder; and
(c) Complies with any requirement for continuing education
established by the Electrical and Elevator Board by rule.
(2) The Department of Consumer and Business Services shall
issue a renewal notice by regular mail, no later than August 15,
to each person whose license expires on October 1 of that year.
(3) After October 1, but not later than October 15, the
department shall issue a second notice of renewal by registered
or certified mail to each person whose license expired on October
1 of that year and has not been renewed.
(4) On or about December 1, the department shall issue a third
notice of renewal by regular mail to each person whose license
expired on October 1 of that year and has not been renewed.
(5) The renewal notices required by subsections (2) to (4) of
this section shall advise the licensee of the provisions of
subsections (6) and (7) of this section.
(6) A person who renews an electrical license after October 1
and on or before December 31 of the year in which the license
expires shall pay twice the amount of the regular license fee
required by ORS 479.840.
(7) If a person fails to renew a license by December 31 of the
year in which the license expires or otherwise fails to qualify
for renewal of a license under this section, the person may only
receive a license if the person makes application for, qualifies
for and is issued a license in the same manner as a person who
has not been previously licensed.
{ + NOTE: + } Deletes inappropriate reference to penalty
section in (1)(b).
SECTION 329. ORS 479.660 is amended to read:
479.660. The Electrical and Elevator Board shall revoke the
license of any licensee who does not meet the minimum
qualifications prescribed by ORS 479.510 to 479.945 { - and
479.995 - } for that license. Subject to ORS 183.430, the board
may summarily suspend or cancel any license issued under ORS
479.510 to 479.945
{ - and 479.995 - } if the person in whose name it was issued:
(1) Deliberately falsifies the application for the license.
(2) Allows the person to be held out falsely as the person
directing, supervising or making an electrical installation.
(3) Establishes a pattern of conduct that willfully or
negligently violates any provision of ORS 479.510 to 479.945
{ - and 479.995 - } or any rule issued thereunder.
(4) Serves as a supervising electrician for more than one
employer.
(5) Persistently fails promptly to notify the Department of
Consumer and Business Services of the location of installations
for which permits were issued on the person's representation that
such notice would be promptly given upon completion of the
installations.
(6) As an electrical contractor, employs or causes to be
employed under the person's license, any person to make
electrical installations for which the person does not have such
licenses for the installations as are required by ORS 479.510 to
479.945 { - and 479.995 - } .
(7) As an electrical contractor, fails to obtain permits or
arrange for inspections required by ORS 479.510 to 479.945
{ - and 479.995 - } .
{ + NOTE: + } Deletes inappropriate references to penalty
section in lead-in, (3), (6) and (7).
SECTION 330. ORS 479.820 is amended to read:
479.820. (1) The Department of Consumer and Business Services
shall:
(a) Check the authenticity, appropriateness and expiration
dates of licenses issued under ORS 479.510 to 479.945 { - and
479.995 - } .
(b) Inspect electrical installations and products for which a
permit or license is required by ORS 479.510 to 479.945 { - and
479.995 - } .
(c) Inspect permits attached to electrical installations or
products for which a permit is required by ORS 479.510 to 479.945
{ - and 479.995 - } .
(2) If the department finds that the electrical installation or
product fails to comply with minimum safety standards, it may
disconnect or order the disconnection of service thereto.
(3) If the department finds that the condition of an electrical
installation or product constitutes an immediate hazard to life
or property, it may cut or disconnect any wire necessary to
remove such hazard.
(4) Upon written request of appropriate municipal personnel,
the department may make inspections of electrical installations
and products within cities and counties. Such inspections shall
be made at cost, in accordance with local municipal ordinances,
payable on a monthly basis.
(5) For the purpose of discharging any duty imposed by ORS
479.510 to 479.945 and 479.995 or exercising authority conferred
hereby the department may enter, during reasonable hours, any
building, enclosure, or upon any premises where electrical work
is in progress, where an electrical installation has been made or
where electrical equipment or products may be located.
(6) No person shall obstruct or interfere with the department
in performance of any of its duties or the exercise of any
authority conferred under this section.
{ + NOTE: + } Deletes inappropriate references to penalty
section in (1).
SECTION 331. ORS 479.840, as amended by section 2, chapter 728,
Oregon Laws 2001, is amended to read:
479.840. { + (1) + } Upon receipt of the following fee, the
Department of Consumer and Business Services shall issue or renew
a license or permit applied for under ORS 479.510 to 479.945
{ - and 479.995 - } :
{ - (1) - } { + (a) + } $125 for an electrical contractor
license for each place of business operated by the applicant.
{ - (2) - } { + (b) + } $125 for a limited energy
contractor or limited sign contractor license.
{ - (3) - } { + (c) + } $25 for a pump specialty contractor
or limited maintenance specialty contractor license.
{ - (4) - } { + (d) + } $150 for an elevator contractor
license.
{ - (5) - } { + (e) + } $100 for a license for a:
{ - (a) - } { + (A) + } General journeyman electrician;
{ - (b) - } { + (B) + } General supervising electrician;
{ - (c) - } { + (C) + } Limited supervising industrial
electrician;
{ - (d) - } { + (D) + } Limited supervising manufacturing
plant electrician;
{ - (e) - } { + (E) + } Limited journeyman industrial
electrician;
{ - (f) - } { + (F) + } Limited maintenance industrial
electrician;
{ - (g) - } { + (G) + } Limited maintenance manufactured
dwelling or recreational vehicle electrician;
{ - (h) - } { + (H) + } Limited journeyman manufacturing
plant electrician; or
{ - (i) - } { + (I) + } Limited journeyman railroad
electrician.
{ - (6) - } { + (f) + } $50 for a license for a:
{ - (a) - } { + (A) + } Limited elevator journeyman;
{ - (b) - } { + (B) + } Class A or Class B limited energy
technician;
{ - (c) - } { + (C) + } Limited journeyman sign
electrician;
{ - (d) - } { + (D) + } Limited journeyman sign service
electrician;
{ - (e) - } { + (E) + } Limited journeyman stage
electrician; { - and - } { + or + }
{ - (f) - } { + (F) + } Limited building maintenance
electrician.
{ - (7) The Electrical and Elevator Board shall set uniform
permit fees, by rule, not to exceed the cost of
administration. - }
{ - (8) - } { + (g) + } $10 for the right to take the
written qualifying examination.
{ + (2) The Electrical and Elevator Board shall set uniform
permit fees, by rule, not to exceed the cost of
administration. + }
{ - (9) - } { + (3) + } The fees provided for in this
section do not apply to persons paying inspection fees under the
terms of ORS 479.560 (3) or 479.630 (10).
{ - (10) - } { + (4) + } Each electrical contractor may
furnish to the department a corporate surety bond to be approved
by the department, an irrevocable letter of credit issued by an
insured institution as defined in ORS 706.008 or a cash bond
under procedures approved by the department, in the sum of $2,000
guaranteeing the payment of all fees provided for under ORS
479.510 to 479.945 { - and 479.995 - } . Before commencing any
electrical job an electrical contractor who has a current bond or
letter of credit under this subsection may apply to the
department for a working permit which shall cost an amount
established by the department by rule. The working permit shall
authorize the electrical contractor to commence work. The total
of all fees due for permits for each job, and the time such fees
are payable, shall be determined by the department by
administrative rule under ORS 479.730. The contractor shall keep
the bond or letter of credit in force at all times. Any
cancellation or revocation of the bond or letter of credit shall
revoke and suspend the license issued to the principal until such
time as a new bond or letter of credit shall be filed and
approved. The department may bring an action against the surety
named in the bond or the letter of credit issuer with or without
joining in such action the principal named in the bond or letter
of credit.
{ + NOTE: + } Restructures section to correct lead-in
problem; deletes inappropriate references to penalty section in
(1) and (4); corrects conjunction choice in (1)(f)(E).
SECTION 332. ORS 479.910, as amended by section 5, chapter 728,
Oregon Laws 2001, is amended to read:
479.910. (1) Upon payment of an examination and license or
renewal fee, the Department of Consumer and Business Services
shall issue a Class B limited energy technician license to a
person who qualifies under ORS 479.915. A person licensed under
this section may perform limited energy electrical activity
except protective signaling as defined in ORS 479.905.
(2) A person licensed under this section shall comply with the
permit and code compliance requirements under ORS 479.510 to
479.945 { - and 479.995 - } .
(3) The examination and license fee, and the renewal fee, for a
Class B limited energy technician license are the same as those
for a Class A limited energy technician license.
(4) The Electrical and Elevator Board shall establish
continuing education requirements for persons licensed under this
section, not to exceed 24 hours of classes every three years.
{ + NOTE: + } Deletes inappropriate reference to penalty
section in (2).
SECTION 333. ORS 479.940, as amended by section 7, chapter 728,
Oregon Laws 2001, is amended to read:
479.940. (1) The licensure provisions of ORS 479.510 to 479.945
{ - and 479.995 - } do not apply to the following activity on
Class II and III systems in one and two family dwellings:
(a) Prewiring of cable television and telephone systems owned
by the owner of the residence;
(b) Garage door openers;
(c) Vacuum systems;
(d) Audio and stereo systems;
(e) HVAC;
(f) Landscape sprinkler controls;
(g) Landscape lighting; and
(h) Doorbells.
(2) The provisions of subsection (1) of this section apply only
to persons or businesses licensed and in good standing with the
Construction Contractors Board.
(3)(a) The licensure provisions of ORS 479.510 to 479.945
{ - and 479.995 - } do not apply to limited energy electrical
activity involving landscape irrigation control wiring and
outdoor landscape lighting installed by a business licensed under
ORS 671.510 to 671.710.
(b) A business exempt from licensing under this section shall
issue an identification card to its landscape irrigation control
wiring or outdoor landscape lighting installer. The form for the
identification card shall be provided by the State Landscape
Contractors Board. The identification card shall include the name
of the installer, the name and State Landscape Contractors Board
identification number of the landscaping business and the date of
issue of the identification card. The card shall be carried by
the installer at the job site when performing the allowed
electric installations.
(4) The licensure provisions of ORS 479.510 to 479.945
{ - and 479.995 - } do not apply to limited energy electrical
activity involving the installation, maintenance or repair of
lottery equipment at retail locations by employees or vendors of
the Oregon State Lottery Commission. The exemption provided by
this subsection does not authorize work by unlicensed persons on
systems of 115 volts or more.
(5) All nonlicensure requirements of ORS 479.510 to 479.945
{ - and 479.995 - } , including permits for and compliance with
the electrical specialty code, apply to activities conducted
under subsections (1) to (4) of this section. If any person or
business repeatedly violates the permit or code compliance
requirements, in addition to any other remedy, the Electrical and
Elevator Board may suspend, condition or revoke a person's or
business's right to use this provision.
{ + NOTE: + } Deletes inappropriate references to penalty
section in (1), (3)(a), (4) and (5).
SECTION 334. ORS 479.945, as amended by section 8, chapter 728,
Oregon Laws 2001, is amended to read:
479.945. { + (1) + } A restricted energy contractor's license
is created for persons engaged in HVAC and such other categories
as established by the Electrical and Elevator Board by rule
{ - : - } { + . + }
{ - (1) - } { + (2) + } A person licensed as a restricted
energy contractor under this section and the person's employees
may install, alter, maintain, replace or repair electrical wiring
and electrical products that are within the scope of the
contractor's license issued under this section. A person covered
by this subsection does not have to obtain a license under ORS
479.910.
{ - (2) - } { + (3) + } The license issued under this
section shall limit the scope of activities that the licensee and
licensee's employees may engage in and in no instance may the
scope of the license exceed that of a Class B limited energy
technician.
{ - (3) - } { + (4) + } An applicant for licensing under
this section shall provide proof satisfactory to the board that
the person has experience of the type of work covered by the
license indorsement and shall pay the fees required by ORS
479.840 { - (2) - } { + (1)(b) + } for a limited energy
contractor.
{ - (4) - } { + (5) + } A restricted energy contractor
licensee under this section shall:
(a) Maintain with the board a current list of all individuals
employed by the licensee to engage in work permitted by this
section;
(b) Issue an identification card to each employee working under
the provisions of this section and identify the contractor, date
of issue, contractor's identification number with the board and
the Construction Contractors Board; and
(c) Maintain with the board a current form of identification
card used by the contractor.
{ - (5) - } { + (6) + } A person holding a limited
maintenance specialty contractor's license under ORS 479.630 (12)
who also registers under this section shall comply with the
identification card requirements of subsection { - (4) - }
{ + (5) + } of this section, but need not file a separate list
of employees unless the work under the contractor's license is
done by different employees.
{ - (6) - } { + (7) + } If any restricted energy contractor
repeatedly violates the requirements of this section, the board
may, in addition to any other remedies, suspend, revoke or
condition the contractor's license.
{ + NOTE: + } Restructures section to correct lead-in
problem. Adjusts subsection reference for renumbering in (4);
see section 331 (amending 479.840). Adjusts internal reference
for renumbering in (6).
SECTION 335. ORS 479.995 is amended to read:
479.995. The Electrical and Elevator Board may impose a civil
penalty for a violation of ORS 479.510 to 479.945 { - and this
section - } or rules adopted for the administration or
enforcement of ORS 479.510 to 479.945 and this section. The board
shall impose a civil penalty authorized by this section as
provided in ORS 455.895.
{ + NOTE: + } Deletes inappropriate reflexive reference to
penalty section.
SECTION 336. ORS 496.610 is amended to read:
496.610. (1) The Department of State Police shall employ a
sufficient number of state police to enforce the wildlife laws.
(2) The services and expenses of the Department of State Police
incurred in the enforcement of the wildlife laws shall be paid
from the State Wildlife Fund.
(3) The Superintendent of State Police may appoint special
enforcement officers authorized to enforce the wildlife laws.
Individuals so appointed must be special agents of the United
States Fish and Wildlife Service or the National Marine
{ - Fishery - } { + Fisheries + } Service, and shall serve at
the pleasure of the superintendent without additional
compensation. Each such special enforcement officer shall have
all powers and authority of a peace officer of this state in
serving warrants, subpoenas and other legal process in
enforcement of the wildlife laws.
{ + NOTE: + } Corrects title of federal agency in (3).
SECTION 337. ORS 506.006 is amended to read:
506.006. As used in the commercial fishing laws, unless the
context requires otherwise:
(1) 'Angling' means fishing for personal use with one line
attached to a pole held in hand while landing the fish, or with a
hand-operated line without rod or reel, to which may be attached
not to exceed three hooks, except on floating bass plugs.
(2) 'Boat' means any vessel, any floating craft, powered,
towed, rowed or otherwise propelled which is used for landing or
taking food fish.
(3) 'Buy' includes offer to buy, barter, exchange or trade.
(4) 'Commercial purposes' means taking food fish with any gear
unlawful for angling, or taking or possessing food fish in excess
of the limits permitted for personal use, or taking, fishing for,
handling, processing, or otherwise disposing of or dealing in
food fish with the intent of disposing of such food fish or parts
thereof for profit, or by sale, barter or trade, in commercial
channels.
(5) 'Commission' means the State Fish and Wildlife Commission
created by ORS 496.090.
{ - (6) 'Fishing gear' means any appliance or device intended
for or capable of being used to take food fish except by
angling. - }
{ - (7) - } { + (6) + } 'Department' means the State
Department of Fish and Wildlife.
{ - (8) - } { + (7) + } 'Director' means the State Fish and
Wildlife Director appointed pursuant to ORS 496.112.
{ + (8) 'Fishing gear' means any appliance or device intended
for or capable of being used to take food fish except by
angling. + }
(9) 'Fixed fishing gear' includes but is not limited to
stationary gear operated at a fixed location.
(10) 'Personal use' means taking or fishing for food fish by
angling or by such other means and with such gear as the
commission may authorize for fishing for personal use, or
possessing the same for the use of the person fishing for, taking
or possessing the same and not for sale or barter.
(11) 'Sell' includes offer or possess for sale, barter,
exchange or trade.
(12) 'Take' means fish for, hunt, pursue, catch, capture or
kill or attempt to fish for, hunt, pursue, catch, capture or
kill.
(13) 'Transport' means transport by any means, and includes
offer or receive for transportation.
(14) 'Waters of this state' means all waters over which the
State of Oregon has jurisdiction, or joint or other jurisdiction
with any other state or government, including waters of the
Pacific Ocean and all bays, inlets, lakes, rivers and streams
within or forming the boundaries of this state.
{ + NOTE: + } Alphabetizes definitions.
SECTION 338. ORS 506.511 is amended to read:
506.511. (1) The Department of State Police shall employ a
sufficient number of state police to perform the duties required
in the enforcement of criminal provisions of the commercial
fishing laws.
(2) The Superintendent of State Police may appoint special
enforcement officers authorized to enforce the commercial fishing
laws. Individuals so appointed must be special agents of the
United States Fish and Wildlife Service or the National Marine
{ - Fishery - } { + Fisheries + } Service, and shall serve at
the pleasure of the superintendent without additional
compensation. Each such special enforcement officer shall have
all powers and authority of a peace officer of this state in
serving warrants, subpoenas and other legal process in
enforcement of the commercial fishing laws.
{ + NOTE: + } Corrects title of federal agency in (2).
SECTION 339. ORS 517.090 is amended to read:
517.090. All conveyances of mining claims or of interests
therein, either quartz or placer, whether patented or unpatented,
are subject to the provisions governing transfers and mortgages
of other realty as to execution, recordation, foreclosure,
execution sale and redemption { - ; but - } { + . However, + }
such redemption by the judgment debtor must take place within 60
days from date of confirmation, or such right is lost.
{ + NOTE: + } Corrects punctuation.
SECTION 340. ORS 517.780 is amended to read:
517.780. (1) The provisions of ORS 517.702 to 517.989 and the
rules and regulations adopted thereunder shall not supersede any
zoning laws or ordinances in effect on July 1, 1972 { - ; - }
{ + . + } However, if such zoning laws or ordinances are
repealed on or after July 1, 1972, the provisions of ORS 517.702
to 517.989 and the rules and regulations adopted thereunder shall
be controlling. The governing board of the State Department of
Geology and Mineral Industries may adopt rules and regulations
with respect to matters presently covered by such zoning laws and
ordinances.
(2) In lieu of the permit required by ORS 517.790, an operator
may conduct surface mining provided such surface mining is done
pursuant to a valid permit issued by the appropriate authority of
a city or county in which the mining is taking place, if such
authority has adopted an ordinance, approved by the board prior
to July 1, 1984, requiring reclamation of land that has been
surface mined. If such county ordinance is repealed on or after
July 1, 1984, the provisions of ORS 517.702 to 517.989 and the
rules and regulations adopted thereunder shall be controlling.
The board may adopt rules and regulations with respect to matters
presently covered by such zoning laws and ordinances. A county
ordinance adopted for the purpose specified in this subsection
may apply to surface mining within a city in the county if the
city consents thereto. On or after July 1, 1984, surface mining
shall be conducted only pursuant to the permit required under ORS
517.790 in all counties which have not received approval of an
ordinance prior to that date.
(3) City or county operated surface mining operations which
sell less than 5,000 cubic yards of minerals within a period of
12 consecutive calendar months, are exempt from the state mining
permit requirements of ORS 517.702 to 517.989 if the city or
county adopts an ordinance which shall include a general
reclamation scheme establishing the means and methods of
achieving reclamation for city or county operated surface mining
sites exempted from the state permit requirements by this
subsection.
(4) A city or county may determine and collect fees for any
function performed pursuant to subsection (2) of this section.
However, no such fee shall exceed the amounts prescribed in ORS
517.800. A city or county shall issue a permit for each regulated
surface mining activity within its jurisdiction, and all such
permittees are subject to the payment of any fee charged by the
city or county. However, those activities described in ORS
517.770 are not required to comply with mined land reclamation
plans. City or county fees shall be in lieu of any surface mining
permit fees assessed by the State Department of Geology and
Mineral Industries.
{ + NOTE: + } Corrects punctuation in (1).
SECTION 341. ORS 517.956 is amended to read:
517.956. Any chemical process mining operation in Oregon shall
comply with the following standards:
(1) Chemical process mining { + , + } including extraction,
processing and reclamation, shall be undertaken in a manner that
minimizes environmental damage through the use of the best
available, practicable and necessary technology to
{ - assure - } { + ensure + } compliance with environmental
standards.
(2) Protection measures for fish and wildlife shall be
consistent with policies of the State Department of Fish and
Wildlife, including:
(a) Protective measures to maintain an objective of zero
wildlife mortality. All chemical processing solutions and
associated waste water shall be covered or contained to preclude
access by wildlife or maintained in a condition that is not
harmful to wildlife.
(b) On-site and off-site mitigation { - insuring - } { +
ensuring + } that there is no overall net loss of habitat value.
(c) No loss of existing critical habitat of any state or
federally listed threatened or endangered species.
(d) Fish and wildlife mortality shall be reported in accordance
with a monitoring and reporting plan approved by the State
Department of Fish and Wildlife.
(e) The State Department of Fish and Wildlife shall establish
by rule standards for review of a proposed chemical process
mining operation for the purpose of developing conditions for
fish and wildlife habitat protection that satisfy the terms of
this section for inclusion in a consolidated permit by the
{ - department - } { + State Department of Geology and Mineral
Industries + }.
(3) Surface reclamation of a chemical process mine site shall:
(a) { - Assure - } { + Ensure + } protection of human
health and safety, as well as that of livestock, fish and
wildlife;
(b) { - Assure - } { + Ensure + } environmental protection;
(c) Require certification to the permittee, by the State
Department of Fish and Wildlife and the State Department of
Agriculture, that a self-sustaining ecosystem, comparable to
undamaged ecosystems in the area, has been established in
satisfaction of the permittee's habitat restoration obligations;
and
(d) Include backfilling or partial backfilling as determined on
a case-by-case basis by the { - department - } { + State
Department of Geology and Mineral Industries + } when necessary
to achieve reclamation objectives that cannot be achieved through
other mitigation activities.
{ + NOTE: + } Corrects punctuation in (1); corrects word
choice in (1), (2)(b) and (3)(a) and (b); sets out full title of
department for clarity in (2)(e) and (3)(d).
SECTION 342. ORS 527.710 is amended to read:
527.710. (1) In carrying out the purposes of ORS 527.610 to
527.770, 527.990 (1) and 527.992, the State Board of Forestry
shall adopt, in accordance with applicable provisions of ORS
183.310 to 183.550, rules to be administered by the State
Forester establishing standards for forest practices in each
region or subregion.
(2) The rules shall ensure the continuous growing and
harvesting of forest tree species. Consistent with ORS 527.630,
the rules shall provide for the overall maintenance of the
following resources:
(a) Air quality;
(b) Water resources, including but not limited to sources of
domestic drinking water;
(c) Soil productivity; and
(d) Fish and wildlife.
(3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and
analyze the best available information and establish inventories
of the following resource sites needing protection:
(A) Threatened and endangered fish and wildlife species
identified on lists that are adopted, by rule, by the State Fish
and Wildlife Commission or are federally listed under the
Endangered Species Act of 1973 as amended;
(B) Sensitive bird nesting, roosting and watering sites;
(C) Biological sites that are ecologically and scientifically
significant; and
(D) Significant wetlands.
(b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by
paragraph (a) of this subsection. If the board determines that
one or more forest practices would conflict with resource sites
in the inventory, the board shall consider the consequences of
the conflicting uses and determine appropriate levels of
protection.
(c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the
board shall adopt rules appropriate to protect resource sites in
the inventories required by paragraph (a) of this subsection.
(4) Before adopting rules under subsection (1) of this section,
the board shall consult with other agencies of this state or any
of its political subdivisions that have functions with respect to
the purposes specified in ORS 527.630 or programs affected by
forest operations. Agencies and programs subject to consultation
under this subsection include, but are not limited to:
(a) Air and water pollution programs administered by the
Department of Environmental Quality under ORS chapters 468A and
468B and ORS 477.013 and 477.515 to 477.532;
(b) Mining operation programs administered by the Department of
Geology and Mineral Industries under ORS 516.010 to 516.130 and
ORS chapter 517;
(c) Game fish and wildlife, commercial fishing, licensing,
wildlife and bird refuge and fish habitat improvement tax
incentive programs administered by the State Department of Fish
and Wildlife under ORS 272.060, 315.134 and ORS chapters 496,
498, 501, 506 and 509;
(d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and
Recreation Department under ORS 358.480 to 358.545, 390.310 to
390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;
(e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;
(f) Removal and fill, natural heritage conservation and natural
heritage conservation tax incentive programs administered by the
State Land Board and the Division of State Lands under ORS
196.800 to 196.900 { - , - } { + and + } 273.553 to 273.591
{ - and 541.700 to 541.990 - } ;
(g) Federal Safe Drinking Water Act programs administered by
the Department of Human Services under ORS 448.273 to 448.990;
(h) Natural heritage conservation programs administered by the
Natural Heritage Advisory Council under ORS 273.553 to 273.591;
(i) Open space land tax incentive programs administered by
cities and counties under ORS 308A.300 to 308A.330;
(j) Water resources programs administered by the Water
Resources Department under ORS 536.220 to 536.540; and
(k) Pesticide control programs administered by the State
Department of Agriculture under ORS chapter 634.
(5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and
programs of other agencies to the extent deemed by the board to
be appropriate and consistent with the purposes of ORS 527.630.
(6) The board shall adopt rules to meet the purposes of another
agency's regulatory program where it is the intent of the board
to administer the other agency's program on forestland and where
the other agency concurs by rule. An operation performed in
compliance with the board's rules shall be deemed to comply with
the other agency's program.
(7)(a) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630, including but not limited to stewardship agreements as
described in ORS 527.662.
(b) The State Forestry Department shall enter into agreements
with appropriate state agencies for joint monitoring of the
effectiveness of forest practice rules in protecting forest
resources and water quality.
(8) If { - based upon the analysis required in section 15
(2)(f), chapter 919, Oregon Laws 1991, and as the results become
available, - } the board determines that additional rules are
necessary to protect forest resources pursuant to ORS 527.630,
the board shall adopt forest practice rules that reduce to the
degree practicable the adverse impacts of cumulative effects of
forest practices on air and water quality, soil productivity,
fish and wildlife resources and watersheds. Such rules shall
include a process for determining areas where adverse impacts
from cumulative effects have occurred or are likely to occur, and
may require that a written plan be submitted for harvests in such
areas.
(9)(a) The State Forester, in cooperation with the State
Department of Fish and Wildlife, shall identify streams for which
restoration of habitat would be environmentally beneficial. The
State Forester shall select as a priority those streams where
restoration efforts will provide the greatest benefits to fish
and wildlife, and to streambank and streambed stability.
(b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to
enter into cooperative agreements with appropriate state agencies
for conduct of restoration activities.
(c) The board, in consultation with appropriate state agencies,
shall study and identify methods for restoring or enhancing fish
and wildlife populations through restoration and rehabilitation
of sites beneficial to fish and wildlife.
(d) The board shall adopt rules to implement the findings of
this subsection.
(10) The board shall adopt rules that provide the State
Forester with authority to condition the approval of plans
required under ORS 527.670 (2) and (3) when the State Forester
makes a determination that there is evidence of a potential
threat to resources protected under this section by controlling
method, timing and extent of harvest when the forester determines
such limitations are necessary to achieve the objectives of ORS
527.630.
(11) In addition to its responsibilities under subsections (1)
to (3) of this section, the board shall adopt rules to reduce the
risk of serious bodily injury or death caused by a rapidly moving
landslide directly related to forest practices. The rules shall
consider the exposure of the public to these safety risks and
shall include appropriate practices designed to reduce the
occurrence, timing or effects of rapidly moving landslides. As
used in this subsection, 'rapidly moving landslide' has the
meaning given that term in ORS 195.250.
{ + NOTE: + } Deletes reference to irrelevant series in
(4)(f); eliminates reference to repealed session law in (8).
SECTION 343. ORS 537.252 is amended to read:
537.252. (1) When issuing a water right certificate under ORS
537.250 to a district, or to a government agency for a district,
the Water Resources Department may issue the water right
certificate for land not described in the permit if:
(a) Water furnished by the district under the permit has been
applied beneficially to the land;
(b) The land not described in the permit that is proposed to be
included in the certificate is included within the legally
established boundaries of the district and is subject to the
charges, assessments and liens of the district;
(c) The certificate does not authorize a greater rate, duty or
acreage than is authorized by the terms of the permit, and all
other conditions of the permit are satisfied;
(d) The inclusion of land not described in the permit will not
result in injury to other existing water rights or in enlargement
of the right authorized under the permit; and
(e) The impact to the water source of including land not
described in the permit will not differ significantly from the
impact expected at the time the permit was issued for the lands
described in the permit.
(2) If a district proposes to use water { - after September
9, 1995, - } on lands not described in the permit, the Water
Resources Department may issue a certificate that includes such
additional lands if all of the conditions of subsection (1) of
this section are satisfied and if, no later than 60 days before
the district actually applies the water to the lands not
described in the permit, the district provides written notice to
the department. The notice shall include a copy of the original
permit map modified to show the lands to be added and lands to be
removed from the description of the place of use of the water.
Upon receipt of the notice from the district, the department
shall provide public notice of the proposed change by means of
publication in the department's weekly notice and by publication
once each week for three successive weeks in a newspaper having
general circulation in the county or counties in which the
affected lands are located. The cost of publication shall be paid
by the district.
(3) { - Notwithstanding the provisions of ORS 545.051
(2), - } If a district has issued an order of inclusion or
exclusion, the boundaries of the irrigation district shall be
deemed to have been legally changed in the absence of approval of
the Secretary of the Interior.
(4) As used in this section:
(a) 'District' has the meaning given in ORS 540.505.
(b) 'Legally established boundaries' means the boundaries of a
district as established at the time of creation of the district
and as the boundaries may have changed after creation of the
district by an inclusion, exclusion or merger proceeding
according to state law.
{ + NOTE: + } Deletes obsolete provision in (2); eliminates
reference to repealed subsection in (3).
SECTION 344. ORS 540.990 is amended to read:
540.990. (1) Violation of any provision of ORS 540.440 is
punishable, upon conviction, by a fine of not less than $25 nor
more than $150, together with the costs and disbursements of the
action, and in default of the payment of the fine and costs, by
confinement in the county jail one day for each $2 thereof.
Justice courts shall have concurrent jurisdiction with the
circuit courts in the trial of all proceedings under this
subsection.
(2) Violation of any provision of ORS { + 540.370 (2), + }
540.570 (4), 540.710, 540.720 or 540.730 { - , or 540.370
(2), - } is punishable, upon conviction, by a fine of not less
than $10 nor more than $250, or by imprisonment in the county
jail for not more than six months, or both. Justice courts shall
have concurrent jurisdiction with the circuit courts in the trial
of all violations under this subsection.
{ + NOTE: + } Puts ORS references in numerical order in (2).
SECTION 345. ORS 540.990, as amended by section 13, chapter
788, Oregon Laws 2001, is amended to read:
540.990. (1) Violation of any provision of ORS 540.440 is
punishable, upon conviction, by a fine of not less than $25 nor
more than $150, together with the costs and disbursements of the
action, and in default of the payment of the fine and costs, by
confinement in the county jail one day for each $2 thereof.
Justice courts shall have concurrent jurisdiction with the
circuit courts in the trial of all proceedings under this
subsection.
(2) Violation of any provision of ORS { + 540.370 (2), + }
540.710, 540.720 or 540.730 { - , or 540.370 (2), - } is
punishable, upon conviction, by a fine of not less than $10 nor
more than $250, or by imprisonment in the county jail for not
more than six months, or both. Justice courts shall have
concurrent jurisdiction with the circuit courts in the trial of
all violations under this subsection.
{ + NOTE: + } Puts ORS references in numerical order in (2).
SECTION 346. ORS 541.377 is amended to read:
541.377. (1) There is established in the State Treasury,
separate and distinct from the General Fund, the Parks and
Natural Resources Fund to be administered by the Oregon
Department of Administrative Services. All moneys transferred
from the State Lottery Fund and all other moneys authorized to be
transferred to the Parks and Natural Resources Fund from whatever
source are appropriated continuously for the public purposes of
restoring and protecting Oregon's parks, beaches, watersheds and
critical fish and wildlife habitats. Fifteen percent of the net
proceeds from the Oregon State Lottery shall be deposited in the
Parks and Natural Resources Fund created under this subsection.
(2) Of the moneys deposited into the Parks and Natural
Resources Fund from the Oregon State Lottery, 50 percent shall be
deposited into a Parks Subaccount for the public purpose of
financing the protection, repair, operation, creation and
development of state parks, ocean shores, public beach access
areas, historic sites and recreation areas. The State Treasurer
may invest and reinvest the moneys in the Parks Subaccount as
provided in ORS 293.701 to 293.820. Interest from the moneys
deposited in the subaccount and earnings from investment of the
moneys in the subaccount shall be credited to the subaccount.
(3) All moneys in the Parks Subaccount for financing the
protection, repair, operation, creation and development of state
parks, ocean shores, public beach access areas, historic sites
and recreation areas shall be allocated to the State Parks and
Recreation Department. Such moneys shall be deposited into the
State Parks and Recreation Department Fund established under ORS
390.134 { - (1) to (6) - } and shall be used for the following
purposes:
(a) Maintaining, constructing, improving, developing, managing
and operating state park and recreation facilities, programs and
areas.
(b) Acquiring real property, or interest therein, deemed
necessary for the creation and operation of state parks, ocean
shores, public beach access areas, recreation areas and historic
sites or because of natural, scenic, cultural, historic and
recreational values.
(c) Operating grant programs for local government entities
deemed necessary to accomplish the public purposes of the Parks
and Natural Resources Fund.
(4) Of the moneys deposited into the Parks and Natural
Resources Fund from the Oregon State Lottery, 50 percent shall be
deposited into a Restoration and Protection Subaccount for the
public purpose of financing the restoration and protection of
native salmonid populations, watersheds, fish and wildlife
habitats and water quality in Oregon. The State Treasurer may
invest and reinvest the moneys in the Restoration and Protection
Subaccount as provided in ORS 293.701 to 293.820. Interest from
the moneys deposited in the subaccount and earnings from
investment of the moneys in the subaccount shall be credited to
the Restoration and Protection Research Fund created under ORS
541.378.
(5) The moneys in the Restoration and Protection Subaccount for
financing the restoration and protection of native salmonid
populations, watersheds, fish and wildlife habitats and water
quality shall be administered by the Oregon Watershed Enhancement
Board and shall be used for all of the following purposes:
(a) Restoration and protection of watersheds and fish,
wildlife, riparian and native species and for habitat
conservation activities, including but not limited to planning,
coordination, assessment, implementation, restoration, inventory,
information management and monitoring activities.
(b) Watershed and riparian education efforts.
(c) Development and implementation of watershed and water
quality enhancement plans.
(d) Entering into agreements to obtain from willing owners
determinate interests in lands and waters that protect watershed
resources, including but not limited to fee simple interests in
land, leases of land or water or conservation easements.
(e) Enforcement of fish and wildlife and habitat protection
laws and regulations.
(6) Of the moneys deposited into the Restoration and Protection
Subaccount from the Oregon State Lottery, the Oregon Watershed
Enhancement Board shall deposit:
(a) Sixty-five percent of the funds into the Watershed
Improvement Grant Fund established under ORS 541.397 to be used
only for funding capital expenditure projects; and
(b) Thirty-five percent of the funds into the Watershed
Improvement Operating Fund established under ORS 541.379 to be
used for the purposes set forth in ORS 541.379 (1).
(7) The Legislative Assembly shall not limit expenditures from
the Parks and Natural Resources Fund. The Legislative Assembly
may appropriate other moneys or revenues to the Parks and Natural
Resources Fund.
{ + NOTE: + } Deletes unnecessary subsection reference in
(3).
SECTION 347. ORS 542.750 is amended to read:
542.750. (1) The Water Resources Commission may make surveys
{ - , - } { + and + } investigations and prepare plans,
specifications, estimates and other data, as in the commission's
judgment can accomplish the purposes of the Watershed Protection
and Flood Prevention Act. As soon as practicable after completion
the commission shall prepare, or have prepared, a report setting
forth the results of the surveys and investigations. All work
performed by the commission under this section shall be
correlated with that performed by the United States Natural
Resources Conservation Service, or its successor agency, under
the Watershed Protection and Flood Prevention Act.
(2) The commission { + , + } { - may - } on behalf of the
State of Oregon { + , + } { + may + } enter into contracts or
agreements with any agencies of the United States Department of
Agriculture for the execution of surveys { - , - } { + and + }
investigations and the preparation of plans, specifications and
estimates or other data to determine costs and feasibility of
reservoir or other works of improvement { - which - } { +
that + } may be constructed under the provisions of the Watershed
Protection and Flood Prevention Act, as amended.
(3) The intent of this section is to expedite the investigation
and planning of works of improvement { - which - } { +
that + } may be constructed under the Watershed Protection and
Flood Prevention Act to reduce the delay in time occurring
between initiation of a project and beginning of construction.
{ + NOTE: + } Corrects punctuation in (1) and (2); corrects
grammar in (2) and (3).
SECTION 348. ORS 543A.415 is amended to read:
543A.415. (1) Except as provided in subsection (2) of this
section, each holder of an existing hydroelectric license shall
pay to the Water Resources Department annually a reauthorization
fee in an amount per theoretical horsepower covered by the
existing license that, when added to the amount per theoretical
horsepower covered by the existing license that is paid under ORS
543.300, equals 28 cents for each horsepower covered by the
existing license, or $15, whichever is greater, for the purpose
of implementing the state reauthorization process established by
this chapter and ORS 468.065, 468B.040, 468B.045, 468B.046,
536.015, 536.050, 543.012 and 543.710. The reauthorization fee
shall be paid until the project is reauthorized, and a water
right issued, under this chapter and ORS 468.065, 468B.040,
468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710. Upon
reauthorization and issuance of a water right, a new annual fee
shall be assessed under ORS 543.300, and the reauthorization fee
shall no longer apply.
(2) The department shall notify existing license holders of the
amount of the fee described in subsection (1) of this section.
The notice shall state the date by which the license holder must
notify the department if the license holder does not intend to
reauthorize the project. The department shall assess the fee
described in subsection (1) of this section unless the license
holder notifies the state that it does not intend to apply to
reauthorize the project upon expiration of the license. The
holder of an existing hydroelectric license that notifies the
department that it does not intend to reauthorize the project
need not pay the reauthorization fee and may not seek
reauthorization of the project upon expiration of the existing
license.
(3) The department shall submit a report to the Legislative
Assembly during each legislative session describing the
department's use of reauthorization funds.
(4) Four cents of each 28 cents paid as a reauthorization fee
{ - in - } { + as required by + } subsection (1) of this
section shall be deposited to the Water Resources Department
Hydroelectric Fund and disbursed to the Department of
Environmental Quality.
{ + NOTE: + } Conforms syntax to legislative style in (4).
SECTION 349. ORS 561.279 is amended to read:
561.279. The State Department of Agriculture is authorized to
issue subpoenas to compel the attendance of witnesses and to
require the production of pertinent books, records and documents
in:
(1) Conducting an investigation of a matter with which the
department specifically is charged with responsibility and which
seriously affects the health of persons or animals { - , or - }
{ + ; + }
(2) Making an audit authorized or required by ORS chapter 583
{ - , - } { + ; + } or
(3) Holding a hearing pursuant to the provisions of ORS 183.310
to 183.550.
{ + NOTE: + } Conforms subsection structure to legislative
style.
SECTION 350. ORS 564.110 is amended to read:
564.110. (1) The lists of threatened species or endangered
species established pursuant to ORS 564.105 (2) initially shall
include those species listed as of May 15, 1987, as a threatened
species or an endangered species pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et
seq.), as amended.
(2) The Director of Agriculture, by rule, may add or remove any
plant species from either list, or change the status of any
species on the lists, upon a determination that the species is or
is not a threatened species or an endangered species.
(3) A determination that a species is a threatened species or
an endangered species shall be based on documented and verifiable
scientific information about the species' biological status. To
list a species as a threatened species or an endangered species
under ORS 564.100 to 564.130, the director shall determine that
the natural reproductive potential of the species is in danger of
failure due to limited population numbers, disease, predation or
other natural or man-made factors affecting its continued
existence. In addition, the director shall determine that one or
more of the following factors { - exists - } { + exist + }:
(a) That most populations are undergoing imminent or active
deterioration of their range or primary habitat;
(b) That overutilization for commercial, recreational,
scientific or educational purposes is occurring or is likely to
occur; or
(c) That existing state or federal programs or regulations are
inadequate to protect the species or its habitat.
(4) Determinations required by subsection (3) of this section
shall be made on the basis of the best scientific and other data
available to the State Department of Agriculture, after
consultation with federal agencies, other interested state
agencies, the Natural Heritage Advisory Council, other states
having a common interest in the species and interested persons
and organizations.
(5) { + (a) + } Any person may petition the department to, by
rule, add, remove or change the status of a species on the list
{ - : - } { + . + }
{ - (a) - } { + (b) + } A petition shall clearly indicate
the action sought and shall include documented scientific
information about the species' biological status to justify the
requested action.
{ - (b) - } { + (c) + } Within 90 days of receipt of a
petition, the department shall respond in writing to the
petitioner indicating whether the petition presents substantial
scientific information to warrant the action requested.
{ - (c) - } { + (d) + } If the petition is found to present
such information, the department shall commence rulemaking.
{ - (d) - } { + (e) + } If the petition is denied, the
petitioner may seek judicial review as provided in ORS 183.484.
(6) { + (a) + } Notwithstanding subsections (1) to (5) of this
section, the department shall take emergency action to add a
species to the list of threatened species or endangered species
if it determines there is a significant threat to the continued
existence of the species { - : - } { + . + }
{ - (a) - } { + (b) + } The department shall publish notice
of such addition in the Secretary of State's bulletin and shall
mail notice to affected or interested persons whose names are
included on the department's mailing list for such purposes.
{ - (b) - } { + (c) + } Such emergency addition shall take
effect immediately upon publication in the Secretary of State's
bulletin and shall remain valid for a period no longer than one
year, unless during the one-year period the department completes
rulemaking procedures as provided in subsections (1) to (4) of
this section.
(7) { + (a) + } The director shall periodically review the
status of all threatened and endangered plant species listed
under ORS 496.004, 496.171 to 496.192, 498.026, 564.040 and
564.100 to 564.135 { - : - } { + . + }
{ - (a) - } { + (b) + } Each species shall be reviewed at
least once every five years to determine whether substantial,
documented scientific information exists to justify its
reclassification or removal from the list, according to the
criteria listed under subsection (3) of this section.
{ - (b) - } { + (c) + } If a determination is made to
reclassify a species or remove it from the list, the department,
within 90 days, shall commence rulemaking to change the status of
the species.
{ + NOTE: + } Corrects grammar in (3); restructures (5) to
(7) to fix lead-in problems.
SECTION 351. ORS 565.423 is amended to read:
565.423. In addition to any other duties and powers of the
County Fair Commission, the commission may submit nominations to
the Governor for appointments to Oregon State Fair Commission
member positions described in ORS 565.020 (3) { - , as amended
by section 1, chapter 24, Oregon Laws 2001 - } .
{ + NOTE: + } Deletes unnecessary reference to session law.
SECTION 351a. ORS 565.447, as amended by section 3, chapter 4,
Oregon Laws 2002 (second special session), and section 19,
chapter 6, Oregon Laws 2002 (third special session), is amended
to read:
565.447. (1) Subject only to the availability of unobligated
net lottery proceeds, there is allocated from the Administrative
Services Economic Development Fund to the County Fair Account
created under ORS 565.445 an amount equal to one percent of the
net proceeds from the Oregon State Lottery, but not to exceed
$1.53 million annually, adjusted biennially pursuant to the
change in the Consumer Price Index, as defined in ORS 327.006,
between January 1, 2001, and January 1 immediately preceding
commencement of the biennium.
(2) The allocation of moneys from the Administrative Services
Economic Development Fund under this section is subject to the
requirements in section 4, Article XV of the Oregon Constitution,
for deposit of { - 15 percent - } { + specified amounts + }
of the net proceeds from the Oregon State Lottery into the
Education Stability Fund and into the Parks and Natural Resources
Fund and shall be made only after satisfaction or payment of:
(a) Amounts allocated to Westside lottery bonds issued under
ORS 391.140 or to the reserves or any refunding related to the
Westside lottery bonds in accordance with the priority for
allocation and disbursement established by ORS 391.130;
(b) All liens, pledges or other obligations relating to lottery
bonds or refunding lottery bonds due or payable during the year
for which an allocation is to be made; and
(c) Amounts required by any other pledges of, or liens on, net
proceeds from the Oregon State Lottery.
{ + NOTE: + } Corrects deposit amount in (2); see HJR 80
(2002 third special session).
SECTION 352. ORS 566.350 is amended to read:
566.350. (1) The Housing and Community Services Department may:
(a) Collect, compromise, adjust or cancel claims and
obligations arising out of or administered under ORS 566.310 to
566.360 or under any mortgage, lease, contract or agreement
entered into or administered pursuant to ORS 566.310 to 566.360
{ - ; and, if it is in its judgment - } { + , and, to the
extent the department considers + } necessary and advisable,
pursue the same to final collection in any court having
jurisdiction.
(b) { - Bid for the purchase - } At any execution,
foreclosure or other sale, { - or otherwise to acquire - }
{ + bid for the purchase of, or otherwise acquire, + } property
upon which the department has a lien by reason of a judgment or
execution { - , - } or { - which - } { + property that + }
is pledged, mortgaged { - , - } { + or + } conveyed or
{ - which - } { + that + } otherwise secures any loan or other
indebtedness owing to or acquired by the department under ORS
566.310 to 566.360.
(c) Accept title to any property { - so - } purchased or
acquired { - ; - } { + under this subsection and: + }
{ + (A) + } Operate or lease such property for { - such - }
{ + the + } period { - as may be deemed - } { + the
department deems + } necessary to protect the investment
{ - therein; - } { + in the property; and + }
{ + (B) + } Sell or otherwise dispose of such property in a
manner consistent with the provisions of ORS 566.310 to 566.360.
(2) The authority granted in this section may be delegated to
the Secretary of Agriculture of the United States with respect to
funds or assets authorized to be administered and used by the
secretary under agreements entered into pursuant to ORS 566.330.
{ + NOTE: + } Conforms punctuation, syntax and structure to
legislative style in (1).
SECTION 353. ORS 578.230 is amended to read:
578.230. The assessment levied under the authority of ORS
578.210 shall be paid by the first purchaser to the
administrator { + , + } who shall receipt the purchaser therefor.
{ - In no case, - } If the total amount of assessment moneys
deducted by the { + first + } purchaser and not paid to the
administrator exceeds $100, { - shall any assessment levied and
assessed be considered not due for payment after - } { + the
first purchaser shall pay any assessed and levied amounts on or
before + } the 20th day of the third calendar month next
following the date of settlement.
{ + NOTE: + } Corrects punctuation in first sentence;
rephrases second sentence to eliminate confusing double negative.
SECTION 354. ORS 579.010 is amended to read:
579.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Commercial channels' means the sale of potatoes for use as
food, seed, industrial or chemurgic use, when sold to any
commercial buyer or to any person who resells potatoes or any
product derived therefrom. { - Such term also means and - }
{ + ' Commercial channels' + } includes sales of seed potatoes
by the grower to another grower, for planting by { - such - }
{ + the + } other grower, when such sales in the aggregate for
any one year amount to more than 20 hundredweight.
(2) 'Commission' means the Oregon Potato Commission.
(3) 'Director' means the Director of Agriculture.
(4) 'First purchaser' means any person, partnership,
association or corporation, whether { - such - } { + the + }
association or corporation is private or public, that buys
potatoes from the grower in the first instance.
(5) { + (a) + } 'Grower' means { + : + }
{ + (A) + } Any landowner personally engaged in growing
potatoes;
{ + (B) + } A tenant personally engaged in growing potatoes;
{ + or + }
{ + (C) + } Both the owner and the tenant jointly { - ;
and - } { + . + }
{ + (b) 'Grower' + } includes any person, partnership,
association, corporation, cooperative, trust sharecropper
{ - , - } and any and all other business units, devices or
arrangements.
{ + NOTE: + } Conforms syntax to legislative style in (1) and
(4); conforms structure of (5) to legislative style.
SECTION 355. ORS 596.050 is amended to read:
596.050. The Oregon agricultural experiment station, the
{ - School - } { + College + } of Veterinary Medicine, Oregon
State University or the State Department of Agriculture may make,
produce or furnish bacteriological or biological products to be
used by the department for the treatment, prevention or detection
of animal disease. If either the experiment station or the
{ - School - } { + College + } of Veterinary Medicine
furnishes the products, the station or the
{ - school - } { + college + } may do so directly to the
department and shall produce and furnish such products at actual
or approximate cost. Such cost shall be paid by the department
out of funds available for that purpose. All money obtained by
the department from the sale of such biological or
bacteriological products shall be used by the department to pay
such costs and for making, producing or furnishing such products,
and is continuously appropriated to the department for that
purpose.
{ + NOTE: + } Corrects title of college.
SECTION 356. ORS 596.095 is amended to read:
596.095. As used in ORS { - 596.095 to - } { + 596.100, + }
596.105 { - , 596.990 (3) - } and 596.995:
(1) 'Animal remedy' means any product used to prevent, inhibit
or cure or enhance or protect the health or well-being of
animals, but does not include food.
(2) 'Department' means the State Department of Agriculture.
(3) 'Pharmaceutical' means any product prescribed for the
treatment or prevention of disease for veterinary purposes,
including vaccines, synthetic and natural hormones, anesthetics,
stimulants or depressants.
(4) 'Veterinary biologic' means any biologic product used for
veterinary purposes, including antibiotics, antiparasiticides,
growth promotants or bioculture products.
{ + NOTE: + } Excludes inappropriate sections from
application of definitions.
SECTION 357. ORS 596.225 is amended to read:
596.225. (1) Notwithstanding other laws to the contrary, the
State Department of Agriculture is authorized to enter into a
contract with a deputy state veterinarian to obtain and pay for
professional services in assisting the department in
administering and carrying out its laws, including but not
limited to testing and vaccination of livestock. The department
may agree to pay deputy state veterinarians on a fair and
equitable basis { + , + } which may include the establishment of
a Veterinary Medical Fee Schedule. Such schedule may include, but
not be limited to:
(a) Overtime fees or rates;
(b) Minimum or maximum fees;
(c) Amounts to be paid during certain periods of time or for
certain types of service;
(d) Fees based on the number of calls or the number of animals
involved; or
(e) Special fees for certain areas of the state or particular
problems. However, as far as practical, fees shall be uniform
throughout the state.
(2) Notwithstanding other laws to the contrary, if a deputy
state veterinarian is employed by another veterinarian, or by
another firm of veterinarians, is a member of a partnership of
veterinarians, or is an employee of the { - School - } { +
College + } of Veterinary Medicine, Oregon State University, the
department may enter into a contract with the employing entity or
partnership for the furnishing of professional veterinary
services to the department. The department may pay the employing
entity or partnership for professional services furnished in
conformity with the contract.
(3) Professional services furnished to the department as
provided by this section { - , - } shall { - only - } be
furnished { + only + } by a deputy state veterinarian. The
deputy state veterinarian { - shall - } { + may + } not be an
employee of the department. The self-employer, employer
{ - , - } or partnership entity, as the case may be, shall:
(a) Be responsible for and shall make all withholdings and
shall pay all taxes and other deductions due governmental
agencies for deputy state veterinarians.
(b) Be responsible for and shall carry liability, compensation
and other types of insurance covering deputy state veterinarians.
(4) Deputy state veterinarians furnishing professional services
as provided by this section, shall:
(a) Comply with all applicable laws, rules and regulations
promulgated thereunder and general instructions of the
department.
(b) Complete and sign all forms required by the department.
(c) Be responsible to the department for the final results of
their work and services.
(5) The contract may be terminated by written notice to the
other parties to the agreement at any time by the deputy state
veterinarian, the employer or partnership, or the department.
{ + NOTE: + } Corrects punctuation in (1) and (3); fixes name
of college in (2); conforms syntax to legislative style in (3).
SECTION 358. ORS 596.331 is amended to read:
596.331. (1) A person may not sell, offer to sell or dispose of
any livestock that the person knows to be exposed to, a carrier
of or infected with any disease required to be reported under ORS
596.321, except:
(a) To a slaughterer or to a rendering plant; or
(b) Pursuant to, and as authorized by, a quarantine order.
(2) A person may not sell, offer to sell or dispose of the
meat, milk or other parts of any livestock, quarantined by the
State Department of Agriculture, for food or other purposes,
except as authorized by the quarantine order.
(3) A person may not sell or offer for sale, for any purpose
other than slaughter or to a feedlot or other normal and usual
feeding facility for slaughter within 12 months of sale, any
female cattle of a beef breed that have not been vaccinated
against brucellosis as evidenced by an official vaccination
tattoo in the right ear of each animal.
(4) A person may not sell or offer for sale { + , + } for any
purpose other than slaughter, any female cattle of a dairy breed
that have not been vaccinated against brucellosis as evidenced by
an official vaccination tattoo in the right ear of each animal.
{ + NOTE: + } Corrects punctuation in (4).
SECTION 359. ORS 601.050 is amended to read:
601.050. { + (1) + } Upon receiving an application for a
license, the State Department of Agriculture shall immediately
cause one of its officers, employees or deputies to inspect the
place where { - such - } { + the + } applicant desires to
conduct the business, and ascertain:
{ - (1) - } { + (a) + } Whether the applicant is a
responsible and suitable person to be entrusted with a license to
conduct such business.
{ - (2) - } { + (b) + } Whether the place where
{ - such - } { + the + } business is to be conducted is a
suitable and sanitary place in which to dispose of the bodies,
carcasses and parts of animals.
{ - (3) - } { + (c) + } Whether it conforms to the rules
and regulations prescribed by the department.
{ + (2) + } If the applicant meets { - such - } { +
the + } requirements { + set forth in this section + }, the
department shall issue the applicant a license to conduct
{ - such - } business.
{ + NOTE: + } Conforms structure and syntax to legislative
style.
SECTION 360. ORS 603.010 is amended to read:
603.010. As used in this chapter:
(1) 'Custom processing establishment' means a stationary
establishment wherein slaughtered meat animals or meat, caused to
be delivered by the owners thereof, are prepared for
compensation, payment or remuneration of any kind, and are
thereafter returned to the owner thereof or to the order of the
owner.
(2) 'Custom slaughtering establishment' means a mobile or
stationary establishment wherein meat animals, caused to be
delivered by the owners thereof, are slaughtered for
compensation, payment or remuneration of any kind, and are
thereafter returned to the owner thereof or to the order of the
owner.
(3) 'Department' means the State Department of Agriculture.
(4) 'Equipment' means all machinery, fixtures, containers,
vessels, tools, implements and apparatus used in and about an
establishment.
(5) 'Establishment' means { - and includes - } :
(a) Any building, vehicle or structure in which meat animals
are slaughtered for consumption or meat products are prepared,
sold, offered or held for sale.
(b) The ground upon which such place or business is operated or
used and so much ground adjacent thereto as is also used in
carrying on the business of the establishment. The department may
prescribe such additional area or places which, although they may
not be contiguous or adjacent to the above area or establishment,
may be included therein.
(6) 'Meat animal' means any vertebrate animal, except fish and
aquatic mammals, not otherwise prohibited by law for sale for
human consumption.
(7) 'Meat or meat product' means any edible muscle, except any
muscle found in the lips, snout or ears, of meat animals, which
is skeletal or found in the tongue, diaphragm, heart or
esophagus, with or without any accompanying and overlying fat,
and any portion of bone, skin, sinew, nerve or blood vessels
normally accompanying the muscle tissue and not separated from it
in the process of dressing or as otherwise prescribed by the
department.
(8) 'Meat seller establishment' means an establishment wherein
meat products are sold, offered or held for sale, but which are
not prepared other than to be ground, seasoned, salted, frozen,
boned, cut up, wrapped or packed.
(9) 'Nonslaughtering processing establishment' means any
building, structure or vehicle wherein the activities of a
slaughterhouse, custom slaughtering establishment or custom
processing establishment or of an animal food slaughtering
establishment or animal food processing establishment under ORS
chapter 619 are not performed, but wherein meat products are
prepared.
(10) 'Poultry' means chickens, ducks, geese, turkeys and all
other domesticated fowls or birds.
(11) 'Prepared' means ground, seasoned, canned, cooked, salted,
frozen, smoked, cured, pickled, packed, boned, dried, cut up,
wrapped or otherwise manufactured or processed.
(12) 'Slaughterhouse' means an establishment wherein meat
animals are slaughtered.
(13) 'Unwholesome' { - includes - } { + means + } all meats
or meat products { - which - } { + that + } are diseased,
contaminated, including drug or chemical residue, putrid,
unsound, unhealthful or unfit for food.
{ + NOTE: + } Standardizes definitional form in (5) and (13);
corrects grammar in (13).
SECTION 361. { + ORS 616.005 is repealed. + }
{ + NOTE: + } Repeals superfluous definition of 'department.
'
SECTION 362. ORS 616.020 is amended to read:
616.020. (1) In addition to any Department of Human Services
survey, investigation or inquiry authorized by law { - ,
which - } { + that + } involves the production, processing or
distribution of agricultural products, the Department of Human
Services shall make such further surveys, investigations or
inquiries as may be requested by the Director of Agriculture for
the purpose of showing the manner in which the production,
processing or distribution of agricultural products may affect
the public health.
(2) In order that maximum protection to the public health may
result from the activities of the Department of Human Services
and the State Department of Agriculture, the Department of Human
Services shall notify the Director of Agriculture in writing of
any contemplated survey { - which - } { + that + } affects or
may affect agricultural products { - which - } { + that + }
are under the regulation of the { + State + } Department of
Agriculture. The notice shall cover in detail the scope of the
survey under consideration, and the reasons therefor. However,
this section shall not be construed as prohibiting the Department
of Human Services from taking immediate action in any case where
such action seems necessary in the interests of public health.
The written notice is not required in the case of a survey
instituted on the request of the Director of Agriculture.
(3) Not less than 30 days after the completion of any such
survey, the Department of Human Services shall file with the
Director of Agriculture a certified copy of its report. The
report shall include the findings of the Department of Human
Services with respect to all matters covered thereby. Whenever
the findings in the report of any survey, investigation or
inquiry made by the Department of Human Services show any hazard
to public health existing incident to the production, processing
or distribution of any agricultural commodity, the { + State + }
Department of Agriculture shall take such action as may be
necessary and within the scope of its resources to remove such
hazards.
{ + NOTE: + } Corrects grammar in (1) and (2); fixes title of
agency in (2) and (3).
SECTION 363. ORS 616.205 is amended to read:
616.205. As used in ORS 616.205 to 616.426 and 616.900, unless
the context clearly indicates a different meaning:
(1) 'Advertisement' includes all representations disseminated
in any manner or by any means, other than by labeling, for the
purpose of inducing, or which are likely to induce, directly or
indirectly, the purchase of the food.
{ + (2) 'Color' includes black, white and intermediate
grays. + }
{ - (2)(a) - } { + (3)(a) + } 'Color additive' means a
material { - which - } { + that + }:
(A) Is a dye, pigment, or other substance made by a process of
synthesis or similar artifice, or extracted, isolated, or
otherwise derived, with or without intermediate or final change
of identity, from a vegetable, animal, mineral, or other source;
or
(B) When added or applied to a food or to the human body or any
part thereof, is capable, alone or through reaction with other
substance, of imparting color thereto.
{ + (b) + } { - However, - } 'Color additive' does not
include any material { - which - } { + that + } has been
exempted under the federal Act.
{ - (b) The term 'color' includes black, white and
intermediate grays. - }
(c) { - Nothing in - } { + Notwithstanding + } paragraph
(a) of this subsection { + , 'color additive' does not
include + } { - applies to - } any pesticide chemical, soil or
plant nutrient, or other agricultural chemical solely because of
its effect in aiding, retarding or otherwise affecting, directly
or indirectly, the growth or other natural physiological process
of produce of the soil and thereby affecting its color, whether
before or after harvest.
{ - (3) - } { + (4) + } 'Consumer commodity' means any food
as defined by ORS 616.205 to 616.215, 616.225 to 616.256,
616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341,
616.350 to 616.366, 616.790 and 616.992 or by the federal Act.
{ - (4) - } { + (5) + } 'Contaminated with filth' means the
condition of any food not securely protected from dust, dirt and,
as far as may be necessary by all reasonable means, from all
foreign or injurious substances.
{ - (5) - } { + (6) + } 'Director' means the Director of
Agriculture.
{ - (6) - } { + (7) + } 'Federal Act' means the Federal
Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq., 52 Stat. 1040
et seq.
{ - (7) - } { + (8) + } 'Food' means:
(a) Articles used for food or drink, including ice, for human
consumption or food for dogs and cats;
(b) Chewing gum; and
(c) Articles used for components of any such article.
{ - (8) - } { + (9) + } 'Food additive' means any substance
the intended use of which results or may reasonably be expected
to result, directly or indirectly, in its becoming a component or
otherwise affecting the characteristics of any food, including
any substance intended for use in producing, manufacturing,
packing, processing, preparing, treating, packaging,
transporting, or holding food, and including any source of
radiation intended for any such use, if such substance is not
generally recognized, among experts qualified by scientific
training and experience to evaluate its safety, as having been
adequately shown through scientific procedures or experience
based on common use in food to be safe under the conditions of
its intended use. 'Food additive' does not include:
(a) A pesticide chemical in or on a raw agricultural commodity;
(b) A pesticide chemical to the extent that it is intended for
use, or is used in the production, storage or transportation of
any raw agricultural commodity; or
(c) A color additive.
{ - (9) - } { + (10) + } 'Food establishment' means:
(a) Any room, building, structure or place, used or intended
for use, or operated for storing, preparing, compounding,
manufacturing, processing, freezing, packaging, distributing,
handling or displaying food.
(b) The ground upon which such place or business is operated or
used and so much ground adjacent thereto as is also used in
carrying on the business of the establishment. The State
Department of Agriculture may prescribe such additional area or
places which, although they may not be contiguous or adjacent to
the above area or establishment, may be included therein.
(c) Vehicles, machinery, equipment, utensils, tools, fixtures,
implements and all other articles or items, used in operating or
carrying on the business of a food establishment.
{ - (10) - } { + (11) + } 'Immediate container' does not
include package liners.
{ - (11) - } { + (12) + } 'Label' means a display of
written, printed or graphic matter upon the immediate container
of any article. A requirement made under authority of ORS 616.205
to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310,
616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790
and 616.992 that any word, statement or other information appears
on a label has not been obeyed unless such word, statement or
other information also appears on the outside container or
wrapper, if any there be, of the retail package of such article
or unless such word, statement or information is easily legible
through the outside container or wrapper.
{ - (12) - } { + (13) + } 'Labeling' means all labels and
other written, printed or graphic matters upon an article or any
of its containers or wrappers, or accompanying such article.
{ - (13) - } { + (14) + } 'Package' means any container or
wrapping in which any consumer commodity is enclosed for use in
the delivery or display of that consumer commodity to retail
purchasers, but does not include:
(a) Shipping containers or wrappings used solely for the
transportation of any consumer commodity in bulk or in quantity
to manufacturers, packers or processors, or to wholesale or
retail distributors thereof; or
(b) Shipping containers or outer wrappings used by retailers to
ship or deliver any commodity to retail customers if such
containers and wrappings bear no printed matter pertaining to any
particular commodity.
{ - (14) - } { + (15) + } 'Pesticide chemical' means any
substance which, alone, in chemical combination or in formulation
with one or more other substances is a 'pesticide' as defined in
ORS 634.006.
{ - (15) - } { + (16) + } 'Principal display panel' means
that part of a label that is most likely to be displayed,
presented, shown or examined under normal and customary
conditions of display for retail sale.
{ - (16) - } { + (17) + } 'Raw agricultural commodity'
means any food in its raw or natural state, including all fruits
that are washed, colored, or otherwise treated in their unpeeled
natural form prior to marketing.
{ + NOTE: + } Alphabetizes definitions; conforms structure
and syntax in (3) to legislative style.
SECTION 364. ORS 616.205, as amended by section 2, chapter 320,
Oregon Laws 2001, is amended to read:
616.205. As used in ORS 616.205 to 616.385, unless the context
clearly indicates a different meaning:
(1) 'Advertisement' includes all representations disseminated
in any manner or by any means, other than by labeling, for the
purpose of inducing, or which are likely to induce, directly or
indirectly, the purchase of the food.
{ + (2) 'Color' includes black, white and intermediate
grays. + }
{ - (2)(a) - } { + (3)(a) + } 'Color additive' means a
material { - which - } { + that + }:
(A) Is a dye, pigment, or other substance made by a process of
synthesis or similar artifice, or extracted, isolated, or
otherwise derived, with or without intermediate or final change
of identity, from a vegetable, animal, mineral, or other source;
or
(B) When added or applied to a food or to the human body or any
part thereof, is capable, alone or through reaction with other
substance, of imparting color thereto.
{ + (b) + } { - However, - } 'Color additive' does not
include any material { - which - } { + that + } has been
exempted under the federal Act.
{ - (b) The term 'color' includes black, white and
intermediate grays. - }
(c) { - Nothing in - } { + Notwithstanding + } paragraph
(a) of this subsection { + , 'color additive' does not
include + } { - applies to - } any pesticide chemical, soil or
plant nutrient, or other agricultural chemical solely because of
its effect in aiding, retarding or otherwise affecting, directly
or indirectly, the growth or other natural physiological process
of produce of the soil and thereby affecting its color, whether
before or after harvest.
{ - (3) - } { + (4) + } 'Consumer commodity' means any food
as defined by ORS 616.205 to 616.215, 616.225 to 616.256,
616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341,
616.350 to 616.366, 616.790 and 616.992 or by the federal Act.
{ - (4) - } { + (5) + } 'Contaminated with filth' means the
condition of any food not securely protected from dust, dirt and,
as far as may be necessary by all reasonable means, from all
foreign or injurious substances.
{ - (5) - } { + (6) + } 'Director' means the Director of
Agriculture.
{ - (6) - } { + (7) + } 'Federal Act' means the Federal
Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq., 52 Stat. 1040
et seq.
{ - (7) - } { + (8) + } 'Food' means:
(a) Articles used for food or drink, including ice, for human
consumption or food for dogs and cats;
(b) Chewing gum; and
(c) Articles used for components of any such article.
{ - (8) - } { + (9) + } 'Food additive' means any substance
the intended use of which results or may reasonably be expected
to result, directly or indirectly, in its becoming a component or
otherwise affecting the characteristics of any food, including
any substance intended for use in producing, manufacturing,
packing, processing, preparing, treating, packaging,
transporting, or holding food, and including any source of
radiation intended for any such use, if such substance is not
generally recognized, among experts qualified by scientific
training and experience to evaluate its safety, as having been
adequately shown through scientific procedures or experience
based on common use in food to be safe under the conditions of
its intended use. 'Food additive' does not include:
(a) A pesticide chemical in or on a raw agricultural commodity;
(b) A pesticide chemical to the extent that it is intended for
use, or is used in the production, storage or transportation of
any raw agricultural commodity; or
(c) A color additive.
{ - (9) - } { + (10) + } 'Food establishment' means:
(a) Any room, building, structure or place, used or intended
for use, or operated for storing, preparing, compounding,
manufacturing, processing, freezing, packaging, distributing,
handling or displaying food.
(b) The ground upon which such place or business is operated or
used and so much ground adjacent thereto as is also used in
carrying on the business of the establishment. The State
Department of Agriculture may prescribe such additional area or
places which, although they may not be contiguous or adjacent to
the above area or establishment, may be included therein.
(c) Vehicles, machinery, equipment, utensils, tools, fixtures,
implements and all other articles or items, used in operating or
carrying on the business of a food establishment.
{ - (10) - } { + (11) + } 'Immediate container' does not
include package liners.
{ - (11) - } { + (12) + } 'Label' means a display of
written, printed or graphic matter upon the immediate container
of any article. A requirement made under authority of ORS 616.205
to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310,
616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790
and 616.992 that any word, statement or other information appears
on a label has not been obeyed unless such word, statement or
other information also appears on the outside container or
wrapper, if any there be, of the retail package of such article
or unless such word, statement or information is easily legible
through the outside container or wrapper.
{ - (12) - } { + (13) + } 'Labeling' means all labels and
other written, printed or graphic matters upon an article or any
of its containers or wrappers, or accompanying such article.
{ - (13) - } { + (14) + } 'Package' means any container or
wrapping in which any consumer commodity is enclosed for use in
the delivery or display of that consumer commodity to retail
purchasers, but does not include:
(a) Shipping containers or wrappings used solely for the
transportation of any consumer commodity in bulk or in quantity
to manufacturers, packers or processors, or to wholesale or
retail distributors thereof; or
(b) Shipping containers or outer wrappings used by retailers to
ship or deliver any commodity to retail customers if such
containers and wrappings bear no printed matter pertaining to any
particular commodity.
{ - (14) - } { + (15) + } 'Pesticide chemical' means any
substance which, alone, in chemical combination or in formulation
with one or more other substances is a 'pesticide' as defined in
ORS 634.006.
{ - (15) - } { + (16) + } 'Principal display panel' means
that part of a label that is most likely to be displayed,
presented, shown or examined under normal and customary
conditions of display for retail sale.
{ - (16) - } { + (17) + } 'Raw agricultural commodity'
means any food in its raw or natural state, including all fruits
that are washed, colored, or otherwise treated in their unpeeled
natural form prior to marketing.
{ + NOTE: + } Alphabetizes definitions; conforms structure
and syntax in (3) to legislative style.
SECTION 365. ORS 616.790 is amended to read:
616.790. (1) The State Department of Agriculture shall enforce
ORS 616.775 to 616.790 and 616.992 and shall have, in connection
therewith, all the powers conferred and imposed on it by law and
any other powers necessary or proper to enable it to enforce
{ - these sections - } { + ORS 616.775 to 616.790 and
616.992 + }.
(2) For the purpose of ORS 616.775 to 616.790 and 616.992 the
State Department of Agriculture, or such officers or employees of
the department as are designated, is authorized:
(a) To take food samples for analysis;
(b) To conduct examinations and investigations;
(c) To enter at reasonable times any factory, mill, bakery,
warehouse, shop or establishment where any flour, bread, rolls,
buns, macaroni products or noodle products specified in ORS
616.780 are manufactured, processed, packed, sold or held, or any
vehicle being used for the transportation thereof; { - and - }
(d) To inspect any such place or vehicle and any flours,
breads, rolls, buns, macaroni products or noodle products
specified in ORS 616.780, and all pertinent equipment, materials,
containers and labeling { - . - } { + ; and + }
(e) To make reasonable rules and regulations to carry out ORS
616.775 to 616.790, 616.992, 625.160, 625.212 and 625.215,
subject to the applicable provisions of ORS 183.310 to 183.550.
Such rules and regulations shall be published as provided by ORS
561.190.
(3) Refusal to furnish authorized officers and employees of the
State Department of Agriculture, upon demand either personal or
in writing, with a sufficient sample for analysis of any food
product specified in subsection (2) of this section after tender
of the market price therefor is prima facie evidence that such
food is not enriched as required.
{ + NOTE: + } Clarifies ORS reference in (1); conforms
subsection structure to legislative style in (2).
SECTION 366. ORS 618.010 is amended to read:
618.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Advertising' or 'advertisement' means any public notice or
announcement of commodities for sale, services to be performed,
equipment or facilities for hire, or any other thing offered to
the public, via publishing or broadcasting media or by signs,
banners, posters, handbills, labels or similar devices, for the
purpose of inducing, directly or indirectly, the purchase or use
of such commodities, services, equipment or facilities.
(2) 'Commercial' or 'commercially used' means any application
or use in connection with or related to transactions in which, in
exchange for commodities received or services rendered,
consideration is given in terms of currency, negotiable
instruments, credit, merchandise or any other thing of value.
(3) 'Commodity' means any merchandise, product or substance
produced or distributed for sale to, or use by, others.
(4) 'Commodity in bulk form' means any quantity of a commodity
that is not a commodity in package form.
(5) 'Commodity in package form' means any quantity of a
commodity put up or packaged in any manner in advance of sale, in
units suitable for either wholesale or retail sale by weight,
volume, measure or count, exclusive, however, of any auxiliary
shipping container enclosing packages that individually conform
to the requirements of ORS 618.010 to 618.246. An individual item
or lot of any commodity not in package form as defined in this
subsection, but on which there is marked a selling price based on
an established price per unit of weight or of measure, is a
commodity in package form.
(6) 'Department' means the State Department of Agriculture.
(7) 'Director' means the Director of Agriculture.
(8) 'Inspector' means any state officer or employee designated
by the director as a supervisor of, or an inspector of, weights
and measures.
(9) 'Intrastate commerce' means any and all commerce or trade
begun, carried on and completed wholly within the limits of this
state.
(10) 'Introduced into intrastate commerce' means the time and
place at which the first sale and delivery of a commodity is made
within this state, the delivery being made either directly to the
purchaser or to a common carrier for shipment to the purchaser.
(11) 'Liquid-fuel measuring device' means any meter, pump,
tank, gage or apparatus used for volumetrically determining the
quantity of any internal combustion engine fuel, liquefied
petroleum gas or low-viscosity heating oil.
(12) { - ' National Bureau of Standards' - } { + 'National
Institute of Standards and Technology' + } means the National
{ - Bureau of Standards - } { + Institute of Standards and
Technology + } of the Department of Commerce of the United
States.
(13) 'Person' has the meaning for that term provided in ORS
174.100.
(14) 'Sale' and 'sell' include barter and exchange.
(15) 'Security seal' means a lead-and-wire seal, or similar
nonreusable closure, attached to a weighing or measuring
instrument or device for protection against undetectable access,
removal, adjustment or unauthorized use.
(16) 'Vehicle' means any wheeled conveyance in, upon or by
which any property, livestock or commodity is or may be
transported or drawn, but does not include railroad rolling
stock.
(17) 'Weighing device' means any scale, balance or apparatus
used for gravimetrically determining the quantity of any
commodity on a discrete or continuous basis.
(18) 'Weights and measures' means all weights and measures,
instruments and devices of every kind for weighing and measuring,
and any appliances and accessories associated with any or all
such instruments and devices. However, 'weights and measures'
does not include meters for the measurement of electricity, gas
or water when operated in a system of a public utility, as that
term is defined in ORS 757.005. None of the provisions of ORS
618.010 to 618.246 apply to such public utility meters or to any
associated appliances or accessories.
{ + NOTE: + } Updates name of federal agency in (12).
SECTION 367. ORS 618.036 is amended to read:
618.036. The State Department of Agriculture may utilize, for
all commercial purposes in this state, either that system of
weights and measures customarily used in the United States or the
metric system of weights and measures. In prescribing the basic
units of weight and measure, tables of weight and measure, weight
and measure equivalents, specifications, tolerances and other
technical requirements for commercial weighing and measuring
devices, the department shall recognize those published by the
National { - Bureau of Standards - } { + Institute of
Standards and Technology + }, and they shall be applicable to
weighing and measuring equipment and transactions in this state.
{ + NOTE: + } Updates name of federal agency.
SECTION 368. ORS 618.041 is amended to read:
618.041. (1) Standards of weight and measure that are traceable
to the United States prototype standards and that are supplied by
the federal government or that are otherwise approved as being
satisfactory by the National { - Bureau of Standards - } { +
Institute of Standards and Technology + } shall be the state's
primary standards of weight and measure.
(2) The state primary standards shall be kept in a safe and
suitable place in the metrology laboratory of the office of
weights and measures, and shall not be removed from the
laboratory except for repairs or for calibration as may be
prescribed by the National { - Bureau of Standards - } { +
Institute of Standards and Technology + }.
{ + NOTE: + } Updates name of federal agency.
SECTION 369. ORS 618.051 is amended to read:
618.051. The State Department of Agriculture by rule shall
prescribe the specifications, tolerances and other technical
requirements applicable to commercial weights and measures within
this state. In so doing the department shall take cognizance of
those uniform requirements recommended by the National
{ - Bureau of Standards - } { + Institute of Standards and
Technology + } and published in appropriate National { - Bureau
of Standards - } { + Institute of Standards and Technology + }
handbooks and supplements thereto. For the purposes of ORS
618.010 to 618.246 and 618.991, weights and measures are correct
when in conformance with all applicable sections of ORS 618.010
to 618.246 and 618.991 and rules promulgated pursuant thereto.
All other weights and measures are incorrect.
{ + NOTE: + } Updates name of federal agency.
SECTION 370. ORS 618.501 is amended to read:
618.501. As used in ORS 618.501 to 618.551 and 618.995, unless
the context requires otherwise:
(1) 'Appropriate court' means the circuit court of a county:
(a) Where one or more of the defendants reside; { - or - }
(b) Where one or more of the defendants maintain a principal
place of business; { - or - }
(c) Where one or more of the defendants are alleged to have
committed a security seal violation; or
(d) With the defendant's consent, where the prosecuting officer
maintains an office.
(2) 'Person' has the meaning { - for - } { + given + } that
term
{ - provided - } in ORS 174.100.
(3) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a security seal
violation is alleged to have been committed.
(4) 'Security seal' means a lead-and-wire seal or similar
nonreusable closure, attached to a weighing or measuring
instrument or device for protection against undetectable access,
removal, adjustment or unauthorized use.
(5) 'Security seal violation' means the use, in violation of
this chapter or any rule promulgated pursuant thereto, of any
liquid or gaseous metering instrument or device to which a
security seal is required to be affixed, when the security seal
has been broken or removed.
(6) A 'willful violation' occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
{ + NOTE: + } Deletes superfluous conjunctions in (1)(a) and
(b); conforms syntax to legislative style in (2).
SECTION 371. ORS 619.051 is amended to read:
619.051. No person shall:
(1) Have in { - their - } { + the person's + } possession
for any reason or purpose unwholesome meat or meat products that
are not denatured and properly identified;
(2) Carry or transport, by vehicle or otherwise, the carcass or
meat of any meat animal destined for sale or distribution as
food, unless it is thoroughly protected from dust, dirt, flies or
other contaminants;
(3) Sell, hold or offer for sale any meat product if such meat
product is from a meat animal not slaughtered under the auspices
of the meat and poultry inspection program of the United States
Department of Agriculture if federal regulations have been
established for the inspection of the meat animal; or
(4) Engage in an activity requiring a license under the
provisions of ORS chapter 603 without first procuring such
license from the State Department of Agriculture and maintaining
it as prescribed in ORS chapter 603.
{ + NOTE: + } Corrects grammar in (1).
SECTION 372. ORS 621.065 is amended to read:
621.065. The State Department of Agriculture shall establish
two standards of quality for fluid milk. The { - highest - }
{ + higher + } standard of quality shall be designated as
'grade A.' The other standard of quality shall be designated as
'grade B. '
{ + NOTE: + } Corrects word choice.
SECTION 373. ORS 621.418 is amended to read:
621.418. (1) The State Department of Agriculture shall
establish official state standards of quality and identity for
imitation milk products in the manner prescribed in ORS 632.900
to 632.935.
(2) In establishing standards of quality and identity for
imitation milk products, the department shall consider, in
addition to other factors:
(a) The composition and purity of the product ingredients;
(b) The nutritional value of the fats, nonfat solids, vitamins,
minerals or other ingredients affecting the food value of the
product; { + and + }
(c) The degree of sanitation maintained for buildings,
equipment and personnel involved in the production, processing
and distribution of the product.
(3) A person shall not sell or offer for sale an imitation milk
product that does not conform to a standard of quality and
identity established by the department.
{ + NOTE: + } Adds requisite conjunction in (2)(b).
SECTION 374. ORS 622.290 is amended to read:
622.290. (1) Persons using state lands for cultivating oysters,
clams or mussels shall pay annual cultivation fees and use taxes
quarterly to the State Department of Agriculture. Fees and taxes
become delinquent 30 days after the end of the quarter.
{ - (a) - } { + (2) + } Use taxes shall be in the amount of
10 cents per gallon of oysters if sold by the gallon, 10 cents
per bushel of oysters if sold in the shell by the bushel or one
cent per dozen oysters if sold by the dozen.
{ - (b) - } { + (3) + } Use taxes shall be in the amount of
one-half cent per pound of clams or mussels sold.
{ - (c) - } { + (4) + } The annual cultivation fee shall be
in the amount of $4 for each acre claimed pursuant to chapter
675, Oregon Laws 1969, or claimed pursuant to a plat made
subsequent thereto.
{ - (2) - } { + (5) + } Annual cultivation fees and use
taxes shall be assessed in lieu of property taxes, lease fees or
rental charges for the use of lands upon which oysters, clams or
mussels are grown and harvested.
{ + NOTE: + } Conforms structure to legislative style.
SECTION 375. ORS 624.010 is amended to read:
624.010. As used in ORS 624.010 to 624.120, unless the context
requires otherwise:
(1) 'Bed and breakfast facility' means any establishment
located in a structure designed for a single family residence and
structures appurtenant thereto, regardless of whether the owner
or operator of the establishment resides in any of the
structures, that:
(a) Has more than two rooms for rent on a daily basis to the
public; and
(b) Offers a breakfast meal as part of the cost of the room.
(2) 'Department' means the Department of Human Services.
(3) 'Director' means the Director of Human Services.
(4) 'Limited service restaurant' means a restaurant serving
only individually portioned prepackaged foods prepared from an
approved source by a commercial processor and nonperishable
beverages.
(5) 'Restaurant' includes any establishment where food or drink
is prepared for consumption by the public or any establishment
where the public obtains food or drink so prepared in form or
quantity consumable then and there, whether or not it is consumed
within the confines of the premises where prepared, and also
includes establishments that prepare food or drink in consumable
form for service outside the premises where prepared, but does
not include railroad dining cars, bed and breakfast facilities or
temporary restaurants { - as defined in subsection (6) of this
section - } .
(6) 'Temporary restaurant' means any establishment operating
temporarily in connection with any fair, carnival, circus or
similar public gathering or entertainment, food product promotion
or any other event where food is prepared or served for
consumption by the public. 'Temporary restaurant' does not
include:
(a) An establishment where food is prepared and served by a
fraternal, social or religious organization only to its own
members and guests.
(b) An approved school lunchroom where food is prepared and
served for school and community activities, where the preparation
and service are under the direction of the school lunchroom
supervisor.
(c) A food product promotion where only samples of a food or
foods are offered to demonstrate the characteristics of the food
product. For the purposes of this paragraph, a sample shall not
include a meal, an individual hot dish or a whole sandwich.
(d) A private residence, or part thereof, including the
grounds, areas and facilities held out for the use of the
occupants generally, for which a temporary sales license is
issued under ORS 471.190 for a period not exceeding one day.
{ + NOTE: + } Deletes redundant provision in (5).
SECTION 376. ORS 624.530 is amended to read:
624.530. (1) Notwithstanding any provision of ORS 624.010 to
624.120 or 624.310 to 624.430 or statutes administered by the
State Department of Agriculture, the Director of Human Services
and the Director of { - the department - } { +
Agriculture + } jointly shall adopt rules and enter into
interagency agreements necessary to
{ - insure - } { + ensure + } that only one of the agencies
inspects and licenses any facility that is subject to regulation
by both agencies.
(2) The rules and agreements entered into pursuant to
subsection (1) of this section shall be written so as to
encourage delegation of jurisdiction over facilities to local
governments pursuant to ORS 624.510.
{ + NOTE: + } Sets out full title for clarity and corrects
word choice in (1).
SECTION 377. ORS 624.990 is amended to read:
624.990. (1) Violation of any provision of ORS 624.010 to
624.120 or rules of the { - division - } { + Department of
Human Services + } promulgated under ORS 624.010 to 624.120 is a
Class C misdemeanor.
(2) Violation of any provision of ORS 624.310 to 624.430 or
rules of the { - division - } { + department + } promulgated
under ORS 624.310 to 624.430 is a Class B misdemeanor.
{ + NOTE: + } Reflects statutory name change.
SECTION 378. ORS 632.705 is amended to read:
632.705. As used in ORS 632.705 to 632.815:
(1) 'Adulterated' has the same meaning as set forth in ORS
616.235.
(2) 'At retail' means a sale or transaction between a retailer
and a consumer.
(3) 'Bulk sale' means the sale of eggs in containers other than
consumer containers.
(4) 'Candling' means the examination of the interior of eggs by
the use of transmitted light used in a partially dark room or
place.
(5) 'Consumer' means any person who purchases eggs at retail or
any restaurant, hotel, boarding house, bakery, or institution or
concern which purchases eggs for serving to guests or patrons
thereof, or for its own use in cooking or baking.
(6) 'Consumer container' means a container in which eggs are
packed for sale to consumers.
(7) 'Container' means any box, case, basket, carton, sack, bag
or other receptacle.
(8) 'Department' means the State Department of Agriculture.
(9) 'Egg handler' means any person who contracts for or obtains
possession or control of any eggs for:
(a) Sale to another egg handler or a retailer; or
(b) Processing and sale to another egg handler, a retailer or a
consumer.
(10) 'Egg products' means the white, yolk, or any part of eggs,
in liquid, frozen, dried, or any other form, used, intended or
held for use, in the preparation of, or to be a part of or mixed
with, food or food products, for human consumption, excepting
products which contain eggs only in a relatively small proportion
or historically have not been in the judgment of the department
considered by consumers as products of the egg industry.
(11) 'Eggs' or 'shell eggs' means eggs in the shell from
chickens, turkeys, ducks, geese or any other species of fowl.
(12) 'Federal Act' means the federal Egg Products Inspection
Act, 21 U.S.C. 1031 et seq., 84 Stat. 1620 et seq.
(13) 'Labeling' has the { - same - } meaning { - as set
forth - } { + given that term + } in ORS 616.205 { - (12) - }
{ + (13) + }.
(14) 'Lot' means an identifiable and certain quantity, group or
shipment of one grade or size of eggs of a particular producer,
egg handler or retailer. Such identification and certainty may be
determined by the department by container labeling of codes,
numbers or dates, or invoices containing such data.
(15) 'Misbranded' has the same meaning as set forth in ORS
616.250.
(16) 'Pasteurize' means the subjecting of each particle of egg
products to heat or other treatments to destroy harmful viable
microorganisms, by such processes as may be prescribed by the
department.
(17) 'Processing' means manufacturing egg products, including
breaking eggs or filtering, mixing, blending, pasteurizing,
stabilizing, cooling, freezing, drying, or packaging egg
products.
(18) 'Retailer' means any person who sells eggs to a consumer.
(19) 'Sell' or 'sale' means to sell, offer for sale, expose for
sale, or have in possession for sale.
{ + NOTE: + } Conforms syntax to legislative style and
corrects subsection reference in (13); see section 363 (amending
616.205).
SECTION 379. ORS 632.786 is amended to read:
632.786. No person shall:
(1) Sell eggs for human consumption in previously used consumer
containers bearing the brand, trademark or officially designated
number of another egg handler, unless the same is removed or
defaced;
(2) Fail to pay the fees or obtain the permit required by ORS
632.741;
(3) Fail to furnish the invoices required by ORS 632.745;
(4) As an egg handler, use any egg container unless it is
labeled as required by ORS 632.771;
(5) As a retailer, sell eggs from a bulk display without the
displaying of the placard required by ORS 632.771 (3);
(6) Deliver or sell eggs for human consumption that have been
incubated or have been in either an artificial or natural
incubator;
(7) Deliver or sell for human consumption ova from slaughtered
birds of any { - specie - } { + species + };
(8) Sell any eggs or egg products that are adulterated or
misbranded;
(9) Sell any eggs as fresh eggs unless they are of the quality
or grade prescribed { + for fresh eggs + } by the State
Department of Agriculture or the federal Act { - for fresh
eggs - } ;
(10) Sell egg products for human consumption unless they have
been pasteurized, nor as a food processor purchase egg products
that have not been pasteurized;
(11) Advertise eggs or egg products in violation of the
standards or requirements prescribed by the department;
(12) Otherwise violate any of the provisions of ORS 632.705 to
632.815; or
(13) Use containers in the bulk sale of eggs that bear the
trademark of another egg handler without the consent of the
registrant of such trademark. The provisions of ORS 632.275 to
632.290 shall apply to bulk sale containers of eggs in the same
manner as they apply to containers for canning tree fruits,
vegetables and small fruits.
{ + NOTE: + } Corrects nonstandard usage in (7); tinkers with
syntax in (9).
SECTION 380. ORS 632.910 is amended to read:
632.910. { + (1) + } In establishing, under any law of this
state, any grades, standards or classifications for any
horticultural or agricultural products, the State Department of
Agriculture, in addition to { - such - } other factors as may
be specified by { - such - } law, shall take into account and
base { - such - } { + the + } grades, standards or
classifications upon { - such of - } the following factors
{ - as - } { + that + } are applicable to the product
involved:
{ + (a) + } Degree of maturity;
{ + (b) + } Size, measured by dimensions or weight;
{ + (c) + } Degree of freshness, as determined by physical
examination or chemical test or analysis;
{ + (d) + } Moisture content;
{ + (e) + } Uniformity;
{ + (f) + } Color;
{ + (g) + } Firmness;
{ + (h) + } Tenderness;
{ + (i) + } Freedom from injury;
{ + (j) + } Freedom from insect pests;
{ + (k) + } Diseases;
{ + (L) + } Appearance;
{ + (m) + } Freedom from mixture with other varieties;
{ + (n) + } Freedom from noxious weeds or weed seeds;
{ + (o) + } Freedom from decay;
{ + (p) + } Conformation;
{ + (q) + } Soundness;
{ + (r) + } Varietal characteristics or type;
{ + (s) + } Number of specimens per pound;
{ + (t) + } Nature of pack;
{ + (u) + } Presence of dirt or other foreign material;
{ + (v) + } Condition as to temperature and extent to which
the product is hot or heating or is in a sour condition;
{ + (w) + } Extent to which commodity is satisfactory for
human or other consumption or use, as the case may be;
{ + (x) + } Extent to which the product has been affected by
handling or treatment;
{ + (y) + } Extent to which the product has a commercially
objectionable odor or flavor; and
{ + (z) + } Other factors indicative of quality or condition,
and the value or suitability of the commodity involved for the
commercial or other use to be made thereof.
{ + (2) + } In addition, the department shall take into
account any grades, standards or classifications for
{ - such - } { + a + } product established by the United
States Department of Agriculture and also applicable federal
grades and standards laws.
{ + NOTE: + } Conforms structure and syntax to legislative
style.
SECTION 381. ORS 632.990 is amended to read:
632.990. (1) Violation of any provision of ORS 632.705 to
632.815 is punishable, upon conviction, by a fine of not less
than $10 nor more than $100 for the first offense, and for each
subsequent offense by a fine of not less than $25 nor more than
$200.
(2) Violation of ORS 632.216 or 632.226 is punishable, upon
conviction, by a fine of not less than $10 nor more than $100 or
by imprisonment in the county jail for not less than 10 nor more
than 30 days, or both.
(3) Violation of any provision of ORS 632.405 to 632.430 is a
Class D violation.
(4) Violation of ORS 632.625 is punishable, upon conviction, by
a fine of not less than $10 nor more than $100, or by
imprisonment in the county jail for not less than 10 nor more
than 30 days, or both.
{ + (5) Violation of any provision of ORS 632.275 to 632.290,
632.450 to 632.490 and 632.900 to 632.985 or of any rule
promulgated pursuant thereto is punishable as provided in ORS
616.992. + }
{ + NOTE: + } Adds (5) to steer reader to penalty provisions
outside of chapter.
SECTION 382. ORS 633.511 is amended to read:
633.511. As used in ORS 633.511 to 633.750 { - and
633.996 - } :
(1) 'Agricultural seed' means fiber, forage and grass crop seed
and any other kind of seed or bulblet commonly recognized in this
state as agricultural seed or as lawn or turf seed, and mixtures
of any of such seeds, as may be determined by the Director of
Agriculture.
(2) 'Certified,' as applied to bulblets, tubers or
horticultural plants or to agricultural, vegetable or cereal
grain seed, means inspected and labeled by and in accordance with
the standards and rules and regulations adopted by the dean under
ORS 633.620 or in accordance with similar standards established
by some similar regularly constituted authority in another state
or country.
(3) 'Conditioner' means any person who cleans, blends, bags or
stores seed.
(4) 'Dean' means the dean of the College of Agricultural
Sciences of Oregon State University, or agent.
(5) 'Director' means the Director of Agriculture, or agent.
(6) 'Inert matter' includes stones, dirt, leafage, stems, badly
broken seed and masses of spores.
(7) 'Labeling' includes all labels and other printed, written
or graphic representations in any form on the container of any
seeds or accompanying or pertaining to any seeds, whether in bulk
or in containers, and includes representations on invoices.
(8) 'Mixed seed' and 'mixture' mean any lot of seed that
contains in excess of five percent by weight of each of two or
more kinds or varieties of agricultural or vegetable seed.
(9) 'Other crop seed' means that part of any lot or sample of
seed that consists of the seed of cereal grain and agricultural
and vegetable seeds other than those named on the label.
(10) 'Percentage of germination' means the percentage of pure
seed of a lot or sample that produces satisfactory sprouts before
the close of a standard germination test as prescribed pursuant
to ORS 633.580.
(11) 'Percentage of hard seed' means the percentage of pure
seed of any lot or sample that remains in its normal hard
condition at the close of a standard germination test as
prescribed pursuant to ORS 633.580.
(12) 'Prohibited noxious weed seed' means the seed of weeds
which when established are highly destructive, competitive and
difficult to control by ordinary good cultural practice.
(13) 'Pure seed' means the agricultural or vegetable seed of
which there is the largest percentage by weight in any unmixed
lot or sample and, in the case of mixtures, includes any
agricultural or vegetable seed consisting of not less than five
percent by weight of the kind or kinds of seed under
consideration, as distinguished from other crop seed, weed seed
and inert matter.
(14) 'Restricted noxious weed seed' means the seed of such
weeds as are very objectionable in fields, lawns and gardens but
can be controlled by good cultural practice.
(15) 'Retailer' means any person who sells, offers or holds for
sale, agricultural or vegetable seed to ultimate consumers or
users for planting purposes.
{ + (16) 'Vegetable seed' means the seed of those crops
usually grown in Oregon in gardens or on truck farms or for
canning and freezing purposes and generally known and sold under
the name of vegetable seed.
(17) 'Weed seed' means any seed or bulblets other than
agricultural, vegetable or cereal grain seed. + }
{ - (16) - } { + (18) + } 'Wholesaler' means any person who
sells, offers or holds for sale, agricultural or vegetable seed
to retailers, distributors, brokers or other wholesalers for
resale.
{ - (17) 'Vegetable seed' means the seed of those crops
usually grown in Oregon in gardens or on truck farms or for
canning and freezing purposes and generally known and sold under
the name of vegetable seed. - }
{ - (18) 'Weed seed' means any seed or bulblets other than
agricultural, vegetable or cereal grain seed. - }
{ + NOTE: + } Deletes inappropriate reference to penalty
section in lead-in; alphabetizes definitions.
SECTION 383. ORS 633.640 is amended to read:
633.640. For the purposes of performing the duties assigned to
the dean, in carrying out ORS 633.511 to 633.750 { - and
633.996 - } , the dean may employ necessary assistance and
delegate to such assistants, analysts and inspectors so employed
the duties assigned to the dean by those sections.
{ + NOTE: + } Deletes inappropriate reference to penalty
section.
SECTION 384. ORS 633.651 is amended to read:
633.651. (1) No person shall sell, offer for sale, expose for
sale or transport for use in planting in the State of Oregon any
agricultural or vegetable seed:
(a) That except as provided in ORS 633.550, has not been
labeled as required by ORS 633.520, 633.531 and 633.541;
(b) That bears a label that is false or misleading;
(c) That contains any prohibited noxious weed seeds;
(d) That contains restricted noxious weed seeds in excess of
the permissible numbers per pound established under ORS 633.561
or 633.571 (2);
(e) That has not been tested within the 18 months next
preceding such sale, offering for sale, exposure for sale or
transportation, not including the calendar month in which the
test was completed, to determine the percentage of germination
for the labeling requirements of ORS 633.520, 633.531 and
633.541. The Director of Agriculture may, pursuant to the
authority of ORS 633.680, establish by order a shorter period for
kinds of seed which the director finds under ordinary conditions
of handling will not maintain a germination within the
established limits of tolerance during an 18-month period, or
longer period for kinds of such seed which are packaged in such
container materials and under such conditions as the director may
determine will, during such longer period, maintain the viability
of the seed under ordinary conditions of handling. Any person in
possession of seeds shall keep on file available for
{ - department - } { + State Department of Agriculture + }
inspection the original or duplicate copy of the latest test made
of such seeds which shall show, in addition to the information
required by the provisions of this section, the date and the name
of the person making such test; or
(f) That, if it is a variety for which a certificate of plant
variety protection under the federal Plant Variety Protection Act
specifies sale only as a class of certified seed, is sold or
exposed for sale by variety name but has not been so certified by
any official seed certifying agency. However, seed from a
certified lot may be labeled as to variety name when used in a
mixture by, or with the written approval of, the owner of the
variety.
(2) No person shall substitute uncertified for certified seed.
(3) No person shall use tags or seals indicating certification
other than as prescribed by a certification agency, as authorized
by ORS 633.620 or 633.511 (2).
(4) Unless the tuber, horticultural plant or agricultural,
vegetable or cereal grain seed has been produced, tested,
examined and labeled in accordance with ORS 633.511 to 633.750
{ - and 633.996 - } and the rules and regulations of this state
or the official certification agency of another state, territory
or country, no person shall:
(a) Sell, offer for sale, expose for sale, advertise or
transport any such tuber, plant or seed representing it to be
certified; or
(b) Use in connection with such tuber, plant or seed any tags
or seals similar to those used in official certification, as
established pursuant to ORS 633.620 or 633.511 (2).
(5) No person shall alter or falsify any seed labels, seed
tests, records or other documents pertaining to seed dealings.
{ + NOTE: + } Sets out full title of department in (1)(e);
deletes inappropriate reference to penalty section in (4).
SECTION 385. ORS 633.670 is amended to read:
633.670. (1) In the enforcement of ORS 633.511 to 633.750 and
633.996, the Director of Agriculture, deputies of the director,
inspectors or samplers may:
(a) Enter during regular business hours any store, warehouse,
mill, cleaning or storage place, depot or other structure,
freight car or other vehicle, in which agricultural or vegetable
seeds are being sold or offered for sale, stored, handled or
transported.
(b) Either alone or in the presence of a representative or
employee of the person whose premises are so entered, examine and
inspect any agricultural or vegetable seeds being possessed,
sold, offered or exposed for sale for planting purposes, in this
state, for their compliance with those sections.
(c) Draw or cause to be drawn a representative sample of any
lot of such seed for official testing and analysis or, in the
case of individually packaged seeds, select a number of such
packages as a representative sample.
(d) Examine any records or documents pertaining to any seed
being sold or offered for sale, or records pertaining to any seed
that has previously been sold or any other records involved in
seed dealings.
(2) Any sample so drawn may represent any lot, or portion of
such lot, of such seed which shall be divided, at the request of
the owner or person in charge, into two approximately duplicate
samples, each of which shall be properly identified, labeled and
sealed in accordance with the rules and regulations adopted under
ORS 633.680. One of the samples shall be transmitted to the
agricultural experiment station seed laboratory at Oregon State
University for official testing for regulatory purposes. The
other sample shall be tendered to the representative of the
organization from whose structure or vehicle the sample was
taken.
(3) The director may seize any container of agricultural or
vegetable seed possessed, sold, offered or exposed for sale for
planting purposes in this state that appears to be in violation
of any of the provisions of ORS 633.511 to 633.750 { - and
633.996 - } , and proceed in the manner directed by law for the
disposal of products seized by the { - department - } { +
State Department of Agriculture + }.
(4) Any sample taken under those sections, and the report
showing the results of the official test made on any such sample,
shall be prima facie evidence in any court in this state of the
true condition of the entire lot, in the examination of which the
sample was taken.
(5) A copy of the result of any such test shall be mailed to
the person or authorized representative, if known, owning,
possessing or holding the seed from which the sample was drawn.
(6) The director may cause to be published in the official
paper or bulletin of the department a report of all seed
inspection work done for regulatory purposes and shall indicate
in the report:
(a) The name and address of each person whose seed was
inspected.
(b) The total number of such inspections.
(c) The number and kind of seeds of which samples were
inspected and tested.
(d) The number or a list of samples complying with ORS 633.511
to 633.750 { - and 633.996 - } .
(e) A detailed list showing kinds of seed and the nature of
violations of any of the provisions of those sections as found in
the inspection and testing of any such seeds belonging to any
such person.
{ + NOTE: + } Deletes inappropriate references to penalty
section in (3) and (6)(d); sets out full title of department in
(3).
SECTION 386. ORS 633.690 is amended to read:
633.690. (1) The director may place a quarantine on all
agricultural or vegetable seed entering this state from any
outside source. However, seed labeled in accordance with ORS
633.520, 633.531 and 633.541 shipped into the state by any person
holding an Oregon license in full force shall not necessarily be
quarantined; and any such seeds in tight containers in transit
directly through this state, to points outside this state, shall
not be subject to quarantine. Any such seeds from outside this
state, that are destined to points in this state for conditioning
purposes, for later use in this state, or for shipment from this
state, shall be held under quarantine until such seeds comply
with ORS 633.511 to 633.750 { - and 633.996 - } .
(2) The director may draw necessary samples of such seed and
hold such seed until the necessary tests are completed and
arrangements for the disposition of the seed are consummated. If
the seed is found to be in compliance with those sections it
shall be immediately released. If the seed is found to be in
violation of any part of those sections, the director shall so
notify the shipper and, unless the director is instructed to
return such seed within 30 days or unless such seed is put in
condition to comply with the provisions of those sections and all
costs covering such inspection and seizure are paid, the director
shall cause the seed to be destroyed.
{ + NOTE: + } Deletes inappropriate reference to penalty
section in (1).
SECTION 387. ORS 633.700 is amended to read:
633.700. (1) No person may sell, offer or expose for sale in
this state any agricultural or vegetable seeds unless the person
holds an unsuspended license issued by the { - department - }
{ + State Department of Agriculture + }. However, any person
selling seeds of the person's own production exclusively, and
persons selling only vegetable seeds at retail, in packages
weighing not in excess of one-half pound, as prepared for such
trade by other seed companies, if the seed company preparing such
packaged seed for sale, has a license in force for the sale of
such seed in this state, is not required to secure such license.
For the purposes of this section, persons operating more than one
branch, plant or warehouse where seeds are sold, offered or
exposed for sale shall secure a separate license for each such
branch, plant or warehouse.
(2) Any person desiring to sell, offer or expose for sale in
this state any agricultural or vegetable seeds, for planting
purposes, except as provided in this section, shall make
application to the director for a license for this purpose. The
application shall be signed by the applicant or the authorized
agent of the applicant and shall be in a form approved by the
director. Upon presentation of such signed application for a
license and the tendering of the license fee established by the
department pursuant to subsection (3) of this section, the
department shall issue the license to the applicant. The license
shall expire June 30 next following the date of issuance.
(3) The department shall establish annual license fees, not to
exceed $40 for a retailer's license and not to exceed $400 for a
wholesaler's license. Only one license shall be required for one
person's operation at one location.
{ + NOTE: + } Sets out full title of department in (1).
SECTION 388. ORS 633.750 is amended to read:
633.750. All fees paid to the { - department - } { + State
Department of Agriculture + } pursuant to ORS 633.511 to 633.750
{ - and 633.996 - } , other than the fees and charges specified
in ORS 633.610 and 633.630, shall be deposited in the Department
of Agriculture Service Fund. All such moneys are continuously
appropriated to the department for the purpose of carrying out
those sections.
{ + NOTE: + } Sets out full title of department; deletes
inappropriate reference to penalty section.
SECTION 389. ORS 633.996 is amended to read:
633.996. (1) Any person who violates any provision of ORS
633.511 to 633.750 { - and 633.996 - } , a rule adopted
pursuant thereto or the terms or conditions of any order issued
by the State Department of Agriculture under ORS 633.511 to
633.750 { - and 633.996 - } shall be subject to a civil
penalty not to exceed $10,000 per violation.
(2) Each violation may be a separate and distinct offense, and
in the case of a continuing violation, each day's continuance
thereof may be deemed a separate and distinct offense.
(3) The department shall adopt a schedule or schedules
establishing the amount of civil penalty that may be imposed for
a particular violation.
(4) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(5) Any civil penalty received by the State Treasurer under
this section shall be deposited in the General Fund to the credit
of the Department of Agriculture Account and is continuously
appropriated to the department for the administration and
enforcement of the laws and rules under which the penalty was
assessed.
{ + NOTE: + } Deletes inappropriate references to penalty
section in (1).
SECTION 390. ORS 634.142 is amended to read:
634.142. (1) The State Department of Agriculture shall issue or
renew { - its - } { + a + } private applicator's certificate
if the applicant or certificate holder meets the certification
standards established by the department pursuant to ORS 634.306
(14).
(2) A fee, established by the department { - not to exceed
$25 - } , shall be assessed for a private applicator's
certificate or renewal thereof. { + The fee may not exceed
$25. + } The time for which a certificate is valid shall be five
years.
{ + NOTE: + } Tweaks awkward syntax.
SECTION 391. ORS 634.660 is amended to read:
634.660. { - On or before 12 months after September 29,
1991, - } Each of the following state agencies or services shall
implement integrated pest management practices when carrying out
the agency's duties related to pest control:
(1) State Department of Agriculture, including the control of
noxious weeds.
(2) State Department of Fish and Wildlife.
(3) Department of Transportation.
(4) State Parks and Recreation Department.
(5) State Forestry Department.
(6) Department of Corrections.
(7) Oregon Department of Administrative Services.
(8) The Division of State Lands.
(9) Each Oregon institution of higher education, for the
institution's own building and grounds maintenance.
{ + NOTE: + } Eliminates obsolete provision in lead-in.
SECTION 392. ORS 646.498 is amended to read:
646.498. (1) In addition to pursuing any other remedy, a
consumer may bring a private cause of action to recover damages
caused by a violation of any provision of ORS 646.482 to 646.498.
The court shall award a consumer who prevails in such an action
pecuniary loss and noneconomic damages, together with costs,
disbursements, reasonable attorney fees and any equitable relief
that the court determines is appropriate. Pecuniary loss caused
by a violation of ORS 646.482 to 646.498 shall include collateral
costs, beginning at the time of the violation, whether or not the
consumer acquired the rights provided by ORS 646.488. If a
consumer has submitted a dispute arising under ORS 646.482 to
646.498 to a dispute resolution procedure as described in ORS
646.494, the consumer may not bring a private cause of action
under this section relating to that dispute until a decision
resulting from the dispute resolution procedure has been issued
or until the consumer has withdrawn the dispute from the dispute
resolution procedure.
(2) If a consumer appeals to a court from a decision resulting
from the dispute resolution procedure described in ORS 646.494
because the consumer was not granted one of the remedies by ORS
646.482 to 646.498, and the consumer is granted one of the
remedies by the court, the consumer { - who prevails under this
subsection - } shall be awarded:
(a) Up to three times the amount of any damages awarded if the
court finds that the party opposing the consumer did not act in
good faith in the dispute resolution procedure;
(b) Reasonable attorney fees; and
(c) Any fees incurred in the dispute resolution procedure and
any judicial action.
(3) If the party opposing the consumer is the prevailing party
in an action brought under subsection (1) or (2) of this section,
the party opposing the consumer shall be entitled to reasonable
attorney fees if the court finds the action to have been
frivolous.
(4) Any action brought under this section shall be commenced
during the period beginning one year after the date the assistive
device was originally delivered to the consumer and ending two
years later.
{ + NOTE: + } Deletes redundant provision in (2).
SECTION 393. ORS 648.125 is amended to read:
648.125. In accordance with any applicable provisions of ORS
183.310 to 183.550, the Secretary of State may { - make such
reasonable - } { + adopt + } rules { - and regulations as
are - } { + the secretary considers + } necessary or proper for
the administration of this chapter.
{ + NOTE: + } Conforms syntax to legislative style.
SECTION 394. ORS 652.390 is amended to read:
652.390. (1) The Commissioner of the Bureau of Labor and
Industries may deduct and retain any moneys collected on each
wage claim as costs, attorney fees or commissioner's penalties
{ - ; and - } { + . + } The amount deducted shall be paid into
the General Fund after deducting actual costs and disbursements
incurred in the prosecution thereof.
(2) The commissioner may charge a claimant on a wage claim for
which the commissioner has obtained a judgment the actual
collection fees charged to the Bureau of Labor and Industries by
any other governmental agency assisting in the collection of the
judgment.
(3) The commissioner is authorized to assign wage claim
judgments and orders issued pursuant to ORS 652.332 for
collection or to obtain assistance in collection of such
judgments and orders and may deduct and pay out from any moneys
so collected { - , - } a collection fee.
{ + NOTE: + } Corrects punctuation in (1) and (3).
SECTION 395. ORS 652.435 is amended to read:
652.435. Whenever a labor bureau in another state, which has
entered into a reciprocal agreement under ORS 652.425 with the
Commissioner of the Bureau of Labor and Industries and the
agreement is in effect at the time, takes an assignment of a wage
claim from an employee residing in the other state for services
rendered in the other state to an employer or former employer who
has removed to Oregon, the Commissioner of the Bureau of Labor
and Industries may take an assignment of the wage claim from such
labor bureau and enforce the collection thereof as provided in
the applicable provisions of ORS { - 652.330 - } { +
652.310 + } to 652.414.
{ + NOTE: + } Expands series to include applicable definition
sections.
SECTION 396. ORS 652.500 is amended to read:
652.500. Whenever the business or property of any person,
company or corporation in this state shall be placed by any court
in this state in the hands of a receiver, whether upon
foreclosure or creditor's bill, the receiver shall report
immediately to the court appointing the receiver { - , - } the
amount due by the person, company or corporation, at the date of
the receiver's appointment, to employees and laborers of the
person, company or corporation. The court shall order the
receiver to pay out of the first receipts and earnings of such
person, company or corporation, after paying current operating
expenses under the administration of the receiver, the wages of
all employees and laborers { - which - } { + that + } had
accrued within six months prior to the appointment of the
receiver. The court also shall order { - such - } { + the + }
receiver to pay the wages of all employees and laborers employed
by the receiver, at least once every 30 days, out of the first
receipts and earnings of { - such - } { + the + } person,
company or corporation while under the management of the receiver
{ - ; but - } { + . However, + } should the receiver not take
in sufficient money from receipts and earnings to pay the
employees and laborers at least once every 30 days,
{ - then - } the receiver shall issue and deliver to each of
the employees and laborers, upon demand, a receiver's
certificate, showing the amount due the employee or laborer in
money, which certificate will draw interest at the rate of eight
percent per annum from the date of issuance until paid. The
receiver shall thereafter pay such certificates, in the order of
their issuance, out of the first money coming into the receiver's
hands from the receipts and earnings of the properties under the
charge of the receiver.
{ + NOTE: + } Corrects punctuation; conforms syntax to
legislative style.
SECTION 397. ORS 652.510 is amended to read:
652.510. (1) When the property of any company, cooperative
association, corporation, firm or person is seized upon by any
process of any court of this state, or { - where their - }
{ + when the + } business or property is placed in the hands of
a receiver, or whenever any assignment for the benefit of
creditors under the laws of this state is made, then in all such
cases the debts owing to laborers or employees, which have
accrued by reason of their labor or employment to an amount not
exceeding $2,000 to each employee for work or labor performed
within 90 days next preceding the seizure or transfer or
assignment of such property, or appointment of said receiver
shall be considered and treated as preferred debts, and such
laborers or employees shall be preferred creditors, and shall
first be paid in full, and if there is not sufficient to pay them
in full, their claims shall be paid pro rata, after paying costs.
(2) Any such laborer or employee desiring to enforce the claim
of the laborer or employee for wages under ORS 652.510 to 652.570
shall present a statement under oath showing the amount due after
allowing all just credits and setoffs, the kind of work for which
said wages are due and when performed, to the officer or person
charged with the execution of said process, within 30 days after
the seizure thereof on any execution or writ of attachment, or to
such receiver or assignee within 45 days after the same may have
been placed in the hands of any such assignee or receiver.
{ + NOTE: + } Corrects grammar in (1).
SECTION 398. ORS 653.010 is amended to read:
653.010. As used in ORS 653.010 to 653.261, unless the context
requires otherwise:
{ - (1) 'Average weekly wage' means the average weekly wage
of workers in covered employment in Oregon, as determined by the
Employment Department for the preceding fiscal year. - }
{ - (2) - } { + (1) + } 'Commissioner' means the
Commissioner of the Bureau of Labor and Industries.
{ - (3) - } { + (2) + } 'Employ' includes to suffer or
permit to work { - ; however, 'employ' - } { + but + } does
not include voluntary or donated services performed for no
compensation or without expectation or contemplation of
compensation as the adequate consideration for the services
performed for a public employer referred to in subsection
{ - (4) - } { + (3) + } of this section, or a religious,
charitable, educational, public service or similar nonprofit
corporation, organization or institution for community service,
religious or humanitarian reasons or for services performed by
general or public assistance recipients as part of any work
training program administered under the state or federal
assistance laws.
{ - (4) - } { + (3) + } 'Employer' means any person who
employs another person including the State of Oregon or a
political subdivision thereof or any county, city, district,
authority, public corporation or entity and any of their
instrumentalities organized and existing under law or charter.
{ - (5) - } { + (4) + } 'Minor' means any person under 18
years of age.
{ - (6) - } { + (5) + } 'Occupation' means any occupation,
service, trade, business, industry, or branch or group of
industries or employment or class of employment in which
employees are gainfully employed.
{ - (7) - } { + (6) + } 'Organized camp' means a day or
resident camp, whether or not operated for profit, established to
give campers recreational, creative, religious or educational
experience in cooperative group living wherein the activities are
conducted on a closely supervised basis, whether or not the camp
is used primarily by an organized group or by members of the
public and whether or not the activities or facilities are
furnished free of charge or for the payment of a fee.
{ - (8) - } { + (7) + } 'Outside salesperson' means any
employee who is employed for the purpose of and who is
customarily and regularly engaged away from the employer's place
or places of business in making sales, or obtaining orders, or
obtaining contracts for services and whose hours of work of any
other nature for the employer do not exceed 30 percent of the
hours worked in the workweek by the nonexempt employees of the
employer.
{ - (9) - } { + (8) + } 'Piece-rate' means a rate of pay
calculated on the basis of the quantity of the crop harvested.
{ - (10) - } { + (9) + } 'Salary' means no less than the
wage set pursuant to ORS 653.025, multiplied by 2,080 hours per
year, then divided by 12 months.
{ - (11) - } { + (10) + } 'Wages' means compensation due to
an employee by reason of employment, payable in legal tender of
the United States or check on banks convertible into cash on
demand at full face value, subject to such deductions, charges or
allowances as are permitted in ORS 653.035.
{ - (12) - } { + (11) + } 'Work time' includes both time
worked and time of authorized attendance.
{ + NOTE: + } Deletes idle definition; conforms punctuation
to legislative style and adjusts internal reference in (2).
SECTION 399. ORS 656.054 is amended to read:
656.054. (1) A compensable injury to a subject worker while in
the employ of a noncomplying employer is compensable to the same
extent as if the employer had complied with this chapter. The
Director of the Department of Consumer and Business Services
shall refer the claim for such an injury to an assigned claims
agent within 60 days of the date the director has notice of the
claim. At the time of referral of the claim, the director shall
notify the employer in writing regarding the referral of the
claim and the employer's right to object to the claim. A claim
for compensation made by such a worker shall be processed by the
assigned claims agent in the same manner as a claim made by a
worker employed by a carrier-insured employer, except that the
time within which the first installment of compensation is to be
paid, pursuant to ORS 656.262 (4), shall not begin to run until
the director has referred the claim to the assigned claims agent.
At any time within which the claim may be accepted or denied as
provided in ORS 656.262, the employer may request a hearing to
object to the claim. If an order becomes final holding the claim
to be compensable, the employer is liable for all costs imposed
by this chapter, including reasonable attorney fees to be paid to
the worker's attorney for services rendered in connection with
the employer's objection to the claim.
(2) Whenever a subject worker suffers a compensable injury
while in the employ of a noncomplying employer, the director
shall, after an order closing the claim has become final, serve
upon the employer a notice of proposed penalty to be assessed
pursuant to ORS 656.735 (3).
(3) In addition to, and not in lieu of, any civil penalties
assessed pursuant to ORS 656.735, all costs to the Workers'
Benefit Fund incurred under subsection (1) of this section shall
be a liability of the noncomplying employer. Such costs include
compensation, disputed claim settlements pursuant to ORS 656.289
and claim disposition agreements pursuant to ORS 656.236, whether
or not the noncomplying employer agrees and executes such
documents, reasonable administrative costs and claims processing
costs provided by contract, attorney fees related to
compensability issues and any attorney fees awarded to the
claimant, but do not include assessments for reserves in the
Workers' Benefit Fund. The director shall recover such costs from
the employer. The director periodically shall pay the assigned
claims agent from the Workers' Benefit Fund for any costs the
assigned claims agent incurs under this section in accordance
with the terms of the contract. When the director prevails in any
action brought pursuant to this subsection, the director is
entitled to recover from the noncomplying employer court costs
and attorney fees incurred by the director.
(4) Periodically, or upon the request of a noncomplying
employer in a particular claim, the director shall audit the
files of the State Accident Insurance Fund Corporation and any
assigned claims agents to validate the amount reimbursed pursuant
to subsection (3) of this section. The conditions for granting or
denying of reimbursement shall be specified in the contract with
the assigned claims agent. The contract at least shall provide
for denial of reimbursement if, upon such audit, any of the
following are found to apply:
(a) Compensation has been paid as a result of untimely,
inaccurate, or improper claims processing;
(b) Compensation has been paid negligently for treatment of any
condition unrelated to the compensable condition;
(c) The compensability of an accepted claim is questionable and
the rationale for acceptance has not been reasonably documented
in accordance with generally accepted claims management
procedures;
(d) The separate payments of compensation have not been
documented in accordance with generally accepted accounting
procedures; or
(e) The payments were made pursuant to a disposition agreement
as provided by ORS 656.236 without the prior approval of the
director.
(5) The State Accident Insurance Fund Corporation and any
assigned claims agent may appeal any disapproval of reimbursement
made by the director under this section pursuant to ORS 183.310
to 183.550 and such procedural rules as the director may
prescribe.
(6) Claims of injured workers of noncomplying employers may be
assigned and reassigned by the director for claims processing
regardless of the date of the worker's injury.
(7) In selecting an assigned claims agent, the director must
consider the assigned claims agent's ability to deliver timely
and appropriate benefits to injured workers, the ability to
control both claims cost and administrative cost and such other
factors as the director considers appropriate.
(8) If no qualified entity agrees to be an assigned claims
agent, the director may require one or more of the three highest
premium producing insurers to be assigned claims agents.
Notwithstanding any other provision of law, the director's
selection of assigned claims agents shall be made at the sole
discretion of the director. Such selections shall not be subject
to review by any court or other administrative body.
(9) Any assigned claims agent, except the State Accident
Insurance Fund { + Corporation + }, may employ legal counsel of
its choice for representation under this section, provided the
counsel selected is authorized by the Attorney General to act as
a special assistant attorney general.
(10) As used in this section, 'assigned claims agent' means an
insurer, casualty adjuster or a third party administrator with
whom the director contracts to manage claims of injured workers
of noncomplying employers.
{ + NOTE: + } Corrects title of corporation in (9).
SECTION 400. { + ORS 657.048 and 657.053 are added to and made
a part of ORS 657.045 to 657.094. + }
{ + NOTE: + } Adds sections to appropriate series.
SECTION 401. ORS 657.321 is amended to read:
657.321. As used in ORS 657.321 to 657.329 unless the context
requires otherwise:
(1) 'Extended benefit period' means a period { - which - }
{ + that + }:
(a) Begins with the third week after a week for which there is
a state 'on' indicator; and
(b) Ends with { - the latter occurrence of the following: - }
{ - (A) - } the third week after the first week for which
there is a state 'off' indicator { - ; - } or
{ - (B) - } the 13th consecutive week of such period { + ,
whichever occurs later + }.
(2) Notwithstanding the provisions of subsection (1) of this
section, no extended benefit period may begin by reason of a
state ' on' indicator before the 14th week following the end of a
prior extended benefit period which was in effect with respect to
this state.
(3) There is a state 'on' indicator for any week for which the
Director of the Employment Department determines in accordance
with regulations of the United States Secretary of Labor that for
the period consisting of such week and the immediately preceding
12 weeks, the rate of insured unemployment (not seasonally
adjusted):
(a) Equaled or exceeded five percent and equaled or exceeded
120 percent of the average of such rates for the corresponding
13-week periods ending in each of the preceding two calendar
years;
(b) Equaled or exceeded six percent; or
(c) With respect to benefits for weeks of unemployment
beginning after March 6, 1993:
(A) The average rate of total unemployment (seasonally
adjusted), as determined by the United States Secretary of Labor,
for the period consisting of the most recent three months for
which data for all states are published before the close of such
week equals or exceeds 6.5 percent; and
(B) The average rate of total unemployment in the state
(seasonally adjusted), as determined by the United States
Secretary of Labor, for the three-month period referred to in
subparagraph (A) of this paragraph, equals or exceeds 110 percent
of such average for either or both of the corresponding
three-month periods ending in the two preceding calendar years.
(4) There is a state 'off' indicator for any week for which the
director determines in accordance with regulations of the United
States Secretary of Labor that for the period consisting of such
week and the immediately preceding 12 weeks, none of the options
specified in subsection (3) of this section results in an ' on'
indicator.
(5) 'Rate of insured unemployment,' for the purpose of
subsections (3) and (4) of this section, means the percentage
derived by dividing:
(a) The average weekly number of regular continued weeks of
unemployment claimed by individuals in this state with respect to
the most recent 13-consecutive-week period, as determined by the
director on the basis of reports to the United States Secretary
of Labor, by
(b) The average monthly employment covered under this chapter
for the first four of the most recent six completed calendar
quarters before the end of such 13-week period.
(6) 'Regular benefits' means benefits payable to an individual
under this chapter or under any other state law (including
benefits payable to federal civilian employees and to
ex-servicemen pursuant to 5 U.S.C. chapter 85) other than
extended benefits.
(7) 'Extended benefits' means benefits (including benefits
payable to federal civilian employees and to ex-servicemen
pursuant to 5 U.S.C. chapter 85) payable to an individual under
the provisions of this chapter for weeks of unemployment in the
individual's eligibility period.
(8) 'Eligibility period' of an individual means the period
consisting of the weeks in the individual's benefit year which
begin in an extended benefit period and, if the benefit year ends
within such extended benefit period, any weeks thereafter which
begin in such period.
(9) 'Exhaustee' means an individual who, with respect to any
week of unemployment in the individual's eligibility period:
(a) Has received prior to such week, all of the regular
benefits that were available to the individual under this chapter
or any other state law (including dependents' allowances and
benefits payable to federal civilian employees and ex-servicemen
under 5 U.S.C. chapter 85) in the current benefit year that
includes such week (provided that an individual shall be deemed
to have received all of the regular benefits that were available
to the individual, although as a result of a pending appeal with
respect to wages or employment that were not considered in the
original monetary determination in the current benefit year, the
individual may subsequently be determined to be entitled to added
regular benefits); or
(b) The individual's benefit year having expired prior to such
week, has no, or insufficient wages and employment to establish a
new benefit year that would include such week; and
(c) Has no right to unemployment benefits or allowances under
the Railroad Unemployment Insurance Act and such other federal
laws as are specified in regulations issued by the United States
Secretary of Labor; and
(d) Has not received and is not seeking, or the appropriate
agency has finally determined that the individual is not entitled
to receive, unemployment benefits under the unemployment
compensation law of Canada.
(10) 'State law' means the unemployment insurance law of any
state, approved by the United States Secretary of Labor under
section 3304 of the Internal Revenue Code of 1954, as amended.
(11) 'High unemployment period' means any period during which
an extended benefit period would be in effect if subsection
(3)(c)(A) of this section were applied by substituting 'eight
percent' for '6.5 percent. '
{ + NOTE: + } Corrects grammar in (1); recasts (1)(b) for
clarity.
SECTION 402. ORS 657.331 is amended to read:
657.331. (1) As used in ORS 657.331 to 657.334:
(a) 'Additional benefits' means benefits totally financed by
the state and payable under this chapter to exhaustees by reason
of conditions of high unemployment.
(b) 'Additional benefit period' means a period not within an
extended benefit period { - which - } { + that + }:
(A) Begins with the third week after a week for which there is
a state additional benefits 'on' indicator; and
(B) { + (i) + } Ends with the second week after the first week
for which there is a state 'on' indicator as defined in ORS
657.321 (3); or
{ - (C) - } { + (ii) + } If there is no 'on' indicator,
ends with { - the later occurrence of the following: - }
{ - (i) - } the third week after the first week for which
there is a state additional benefits 'off' indicator { - ; - }
or
{ - (ii) - } the seventh consecutive week of such
period { + , whichever occurs later + }.
(2) Notwithstanding the provisions of subsection (1)(b) of this
section, no additional benefit period may begin by reason of a
state additional benefit 'on' indicator before the eighth week
following the end of a prior additional benefit period which was
in effect with respect to this state.
(3) There is a state additional benefit 'on' indicator for any
week for which the Director of the Employment Department
determines that for the period consisting of such week and the
immediately preceding 12 weeks, the rate of insured unemployment
(not seasonally adjusted) equaled or exceeded 4.5 percent.
(4) There is a state additional benefits 'off' indicator for
any week for which the director determines that, for the period
consisting of such week and the immediately preceding 12 weeks,
the rate of insured unemployment (not seasonally adjusted) was
less than 4.5 percent.
(5) For purposes of this section, the rate of insured
unemployment shall have the same meaning as provided in ORS
657.321 (5).
{ + NOTE: + } Corrects grammar in (1)(b); recasts (1)(b)(B)
for clarity.
SECTION 403. ORS 657.333 is amended to read:
657.333. An employer's account may not be charged for
additional benefits paid to an unemployed individual under ORS
657.331 to 657.334. However, nothing in this section shall be
construed to relieve the state, reimbursing political
subdivisions, reimbursing nonprofit employers or reimbursing
Indian tribes from paying into the { - unemployment insurance
trust fund - } { + Unemployment Compensation Trust Fund + } an
amount equal to the additional benefits paid to an unemployed
individual under ORS 657.331 to 657.334.
{ + NOTE: + } Provides proper title of fund.
SECTION 404. ORS 657.385 is amended to read:
657.385. (1) An individual who is eligible for shared work
benefits under ORS 657.370 to 657.390 shall be paid, with respect
to any week of unemployment, a weekly shared work unemployment
insurance benefit amount. Such amount shall be equal to the
individual's regular weekly benefit amount multiplied by the
nearest full percentage of reduction of the individual's regular
weekly hours of work, as set forth in the employer's plan. The
benefit payment under ORS 657.370 to 657.390, if not a multiple
of one dollar, shall be rounded to the nearest dollar, and an
even one-half dollar shall be rounded to the next
{ - highest - } { + higher + } multiple of one dollar.
(2) The provisions of ORS 657.150 (6) shall not apply to
earnings from the shared work employer of an individual eligible
for payments under ORS 657.370 to 657.390 unless the resulting
payment would be less than the regular benefit payment for which
the individual would otherwise be eligible under ORS 657.150 (6)
without regard to shared work unemployment insurance benefits.
(3) An individual shall be disqualified for benefits payable
under ORS 657.370 to 657.390 for any week in which paid work is
performed for the shared work employer in excess of the reduced
hours as set forth in the approved plan.
(4) Except as otherwise provided by or inconsistent with ORS
657.370 to 657.390, all provisions of this chapter and the rules
of the Director of the Employment Department apply to ORS 657.370
to 657.390. The director may adopt such rules as is deemed
necessary to make distinctions and requirements to carry out the
purposes of ORS 657.370 to 657.390.
{ + NOTE: + } Corrects word choice in (1).
SECTION 405. ORS 657.552 is amended to read:
657.552. (1) Except in the case of failure without good cause
to file a return, fraud or intent to evade any provision of this
chapter or authorized regulations, every notice of assessment
shall be given within four years after the last day of the month
following the close of the calendar quarter during which the
contribution liability included in the assessment accrued. An
employer may waive this limitation period or may consent to its
extension.
(2) In case of failure without good cause to file a return,
every notice of assessment shall be given within eight years
after the last day of the month following the close of the
calendar quarter during which the contribution liability included
in the assessment accrued. An employer may waive this limitation
period or may consent to its extension.
(3) No action or suit shall be commenced to collect any amount
of contributions, interest or penalties due under assessment
unless such action or suit is commenced within three years from
the date of the assessment, except in the case of fraud or intent
to evade any provision of this chapter or authorized regulations,
an action or suit may be commenced at any time.
(4) If the cause of action or suit accrues or has accrued
against any employer who is out of the state or concealed
therein, such action or suit may be commenced within three years
after the return of { - such - } { + the + } employer into
the state, or the time of the concealment of the employer has
ended { - ; provided, however, actions to collect contributions,
interest or penalties thereon which became due and payable prior
to July 5, 1947, and suits to foreclose any lien therefor which
is in existence on July 5, 1947, shall be commenced within three
years after July 1, 1947 - } .
{ + NOTE: + } Conforms syntax to legislative style and
deletes obsolete provision in (4).
SECTION 406. { + ORS 657.845 and 657.885 are added to and made
a part of ORS chapter 657. + }
{ + NOTE: + } Adds sections to appropriate chapter.
SECTION 407. ORS 660.126 is amended to read:
660.126. (1) Apprenticeship standards shall contain statements
of:
(a) The apprenticeable occupation to be taught and a
designation of the geographical area or areas in which the
standards shall be applicable;
(b) The qualifications required of apprentice applicants and
the minimum eligible starting age, which shall be at least 16
years unless a higher age is required by law;
(c) The outline of work processes in which the apprentice will
receive supervised work experience and training on the job, and
the allocation of the approximate time to be spent in each major
process;
(d) The term required for completion of apprenticeship, which
shall be consistent with requirements established by industry
practice for the development of requisite skills, but in no event
shall be less than 2,000 hours of reasonably continuous work
experience;
(e) The approximate number of hours to be spent by the
apprentice at work and the approximate number of hours to be
spent in related and supplemental instruction;
(f) The minimum numeric ratio of journeymen to apprentices
consistent with proper supervision, training, safety and
continuity of employment, which shall be specifically and clearly
stated as to application in terms of job site, workforce,
department or plant;
(g) A probationary period reasonable in relation to the full
apprenticeship term, with full credit given for such period
toward completion of apprenticeship and with provision that
during the probationary period, the apprenticeship agreement may
be terminated without cause;
(h) A progressively increasing schedule, showing the
percentages of the journeyman hourly wage to be paid the
apprentice at each level of apprenticeship achieved;
(i) Such additional provisions as the State Apprenticeship and
Training Council may, by rule, deem necessary or advisable to
effectuate the policies and duties prescribed and imposed by this
chapter; and
(j) The content of related training with training objectives.
(2) Notwithstanding subsection (1) of this section, the council
may approve the inclusion of standards of additional provisions,
or of provisions which depart from the requirements of subsection
(1) of this section, where such standards or provisions have been
submitted by joint employer and employee groups, or may be part
of legitimate bargaining agreements between an employer and
employees. The council, in making its decision, shall take into
consideration the following factors:
(a) The possibility that the provision might result in
curtailment of opportunities for apprentices to receive training
or continuity of employment;
(b) The possibility that the provision might result in the
diversion of needed qualified applicants for apprenticeship, and
particularly of qualified applicants of protected classes, into
unskilled or semiskilled jobs for which an adequate supply of
labor already exists;
(c) The possibility that the provision might result in disputes
among the participants in the programs such as might curtail the
cooperation necessary to build an adequate, skilled labor force
in the State of Oregon;
(d) The need to safeguard the health, safety, continuity of
employment and welfare of the apprentices and to insure the
public welfare;
(e) The need to raise the level of skill in each apprenticeable
occupation to provide to the public quality goods and services at
a fair price and adequate and skilled manpower for the defense of
the nation; and
(f) The need for providing training in the licensed occupations
for the protection of the apprentices and of the general public.
(3) The council shall adopt rules to allow a local committee to
determine the circumstances under which an apprentice, working
under ORS 479.510 to 479.945 { - and 479.995 - } who has
completed 6,500 hours of apprenticeship training, may work
without direct supervision during the remainder of the
apprenticeship.
{ + NOTE: + } Eliminates inappropriate reference to penalty
section in (3).
SECTION 408. ORS 663.005 is amended to read:
663.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Board' means the Employment Relations Board.
(2) 'Conciliator' means the head of the State Conciliation
Service.
(3) 'Employee' includes any employee, and is not limited to the
employees of a particular employer unless this chapter explicitly
states otherwise, and includes any individual whose work has
ceased as a consequence of, or in connection with, a current
labor dispute and who has not obtained any other regular and
substantially equivalent employment, but does not include an
individual:
(a) Employed in agricultural labor as defined in ORS 657.045;
(b) Employed by the parent or spouse of the individual;
(c) Employed in the domestic service of any family or person at
home;
(d) Having the status of an independent contractor;
(e) Employed as a supervisor;
(f) Employed by an employer subject to the Railway Labor Act,
as amended (45 U.S.C. 151 to 163 and 181 to 188);
(g) Employed in the building and construction industry;
(h) Employed by any other person who is not an employer as
defined in subsection (4) of this section; or
(i) Employed by an employer subject to the jurisdiction of the
National Labor Relations Board under its existing jurisdictional
standards, pursuant to the Labor Management Relations Act of
1947, as amended (29 U.S.C. 141 to 187).
(4) 'Employer' includes any person acting as an agent of an
employer, directly or indirectly, but does not include:
(a) The United States or any wholly owned government
corporation, or any Federal Reserve Bank.
(b) This state, or any county, city or political subdivision or
agency thereof.
(c) Any person subject to the Railway Labor Act, as amended (45
U.S.C. 151 to 163 and 181 to 188).
(d) Any labor organization (other than when acting as an
employer), or anyone acting in the capacity of officer or agent
of a labor organization.
(e) Any person involved in the building and construction
industry.
(f) Any person subject to the jurisdiction of the National
Labor Relations Board under its existing jurisdictional
standards, pursuant to the Labor Management Relations Act of
1947, as amended (29 U.S.C. 141 to 187).
(5) 'Labor dispute' includes any controversy concerning terms,
tenure or conditions of employment or concerning the association
or representation of persons in negotiating, fixing, maintaining,
changing or seeking to arrange terms or conditions of employment,
regardless of whether the disputants stand in the proximate
relation of employer and employee.
(6) 'Labor organization' means an organization of any kind, or
an agency or an employee representation committee or plan, in
which employees participate and which exists for the purpose, in
whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment or conditions of work.
(7) 'Professional employee' means:
(a) An employee engaged in work { + : + }
(A) Predominantly intellectual and varied in character as
opposed to routine mental, manual, mechanical or physical work;
(B) Involving the consistent exercise of discretion and
judgment in its performance;
(C) Of such a character that the output produced or the result
accomplished cannot be standardized in relation to a given period
of time;
(D) Requiring knowledge of an advanced type in a field of
science or learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an institution
of higher learning or a hospital, as distinguished from a general
academic education or from an apprenticeship or from training in
the performance of routine mental, manual or physical processes;
or
(b) An employee who { + : + }
(A) Has completed the courses of specialized intellectual
instruction and study described in paragraph (a)(D) of this
subsection { - , - } { + ; + } and
(B) Is performing related work under the supervision of a
professional person to qualify the employee to become a
professional employee as defined in paragraph (a) of this
subsection.
(8) 'Representative' includes an individual or labor
organization.
(9) 'Supervisor' means any individual, other than a licensed
professional or practical nurse, having authority, in the
interest of the employer, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward or discipline other
employees, or responsibly to direct them, or to adjust their
grievances, or effectively to recommend such action, if in
connection with the foregoing the exercise of such authority is
not of a merely routine or clerical nature, but requires the use
of independent judgment.
(10) 'Unfair labor practice' means any unfair labor practice
listed in ORS 663.120 to 663.165.
{ + NOTE: + } Reformats (7) to conform to legislative style.
SECTION 409. ORS 663.025 is amended to read:
663.025. (1) A petition may be filed with the Employment
Relations Board, in accordance with regulations prescribed by the
board:
(a) By an employee or group of employees, or any individual or
labor organization acting in their behalf, alleging that a
substantial number of employees { + : + }
(A) Wish to be represented for collective bargaining and that
their employer declines to recognize their representative as the
representative defined in ORS 663.015 { - , - } { + ; + } or
(B) Assert that the individual or labor organization
{ - which - } { + that + } has been certified or is being
currently recognized by their employer as the bargaining
representative { - , - } is no longer a representative as
defined in ORS 663.015; or
(b) By an employer, alleging that one or more individuals or
labor organizations have presented to the employer a claim to be
recognized as the representative defined in ORS 663.015.
(2) The board shall investigate the petition and if, upon the
basis of its findings, the board has reasonable cause to believe
that a question of representation exists, it shall provide for an
appropriate hearing before the board itself, a member thereof or
its agent appointed for that purpose. Written notice of the
hearing shall be mailed by certified mail to the parties named in
the petition not less than seven days before the hearing. If the
board finds upon the record of the hearing that a question of
representation exists, it shall conduct an election by secret
ballot marked at the place of election { - , - } and
{ - to - } certify the results thereof.
(3) In determining whether or not a question of representation
exists, the same regulations and rules of decision apply
irrespective of the identity of the persons filing the petition
or the kind of relief sought.
(4) Nothing in this chapter prohibits the waiving of hearings
by stipulation for the purpose of a consent election in
conformity with regulations and rules of decision of the board.
{ + NOTE: + } Reformats (1) to conform to legislative style;
corrects punctuation and grammar in (1)(a)(B) and (2).
SECTION 410. ORS 663.110 is amended to read:
663.110. Employees have the right to self-organization; to
form, join or assist labor organizations; to bargain collectively
through representatives of their own choosing; and to engage in
other concerted activities for the purpose of collective
bargaining or other mutual aid or protection. Employees also have
the right to refrain from any or all of such activities except to
the extent that this right may be affected by an agreement
requiring membership in a labor organization as a condition of
employment as authorized by ORS 663.125. However, agreements
involving union security including an all-union agreement or
agency agreement must safeguard the rights of nonassociation of
employees, based on bona fide religious tenets or teachings of a
church or religious body of which such employee is a member. Such
employee must pay an amount of money equivalent to regular union
dues and initiation fees and assessments, if any, to a
nonreligious charity or to another charitable organization
mutually agreed upon by the employee affected and the
representative of the labor organization to which such employee
would otherwise pay dues. The employee shall furnish written
proof that this has been done. If the employee and representative
of the labor organization do not reach agreement { - of - }
{ + on + } the matter, the Employment Relations Board shall
designate such organization.
{ + NOTE: + } Corrects syntax in last sentence.
SECTION 411. ORS 670.380 is amended to read:
670.380. (1) If the administrator determines that the
standards, qualifications and examinations for licensing or
registration of building trades and mechanical and specialty
skills of another state are substantially similar to the
standards, qualifications and examinations required under
applicable Oregon statutes and rules administered by the agency
as specified in ORS 455.100, the administrator with approval of
the designated examining or advisory board may, when it is in the
best interest of the economy of the State of Oregon, enter into a
reciprocal agreement with such other state to issue without
examination licenses or certificate of registration upon proof of
licensing or registration in such other state and upon payment of
appropriate fees.
(2) Reciprocal agreements may be terminated by the
administrator with approval of the designated { - , - }
examining or advisory board, upon a determination that the other
party is not maintaining and enforcing standards, qualifications
and examinations substantially similar to those of Oregon.
{ + NOTE: + } Excises stray comma.
SECTION 412. ORS 671.085 is amended to read:
671.085. In addition to any { + other + } fee imposed by
{ + the State Board of Architect Examiners by + } rule, the
{ - State Board of Architect Examiners - } { + board + } may
impose fees for the following:
(1) Registration.
(2) Renewal.
(3) Architectural Registration Examination, resident and
nonresident, which shall not exceed the cost of administering the
exam.
(4) Reciprocal application.
(5) Duplicate certificate.
(6) Corporation renewal.
(7) Corporation registration.
{ + NOTE: + } Corrects grammar in lead-in.
SECTION 413. ORS 671.310 is amended to read:
671.310. As used in ORS 671.310 to 671.459, { - 671.950 and
671.992, - } unless the context requires otherwise:
(1) 'Board' means the State Landscape Architect Board.
(2) 'Design' means layout, form and establishment of grades and
tangible site features for services described in subsection (5)
of this section.
(3) 'Landscape architect' means an individual who engages in
the practice of landscape architecture.
(4) 'Landscape architect in training' means a person registered
as a landscape architect in training under ORS 671.316 (3).
(5) 'Landscape architecture' or the 'practice of landscape
architecture' means the performance of, or offer to perform,
professional services that have the dominant purpose of landscape
preservation, development and enhancement, including but not
limited to reconnaissance, research, planning, landscape and site
design, the preparation of related drawings, construction
documents and specifications and responsible construction
observation. 'Landscape architecture' or the 'practice of
landscape architecture' includes the location, arrangement and
design of tangible objects and features that are incidental and
necessary for landscape preservation, development and
enhancement.
(6) 'Landscape preservation, development and enhancement '
means:
(a) The preservation and aesthetic and functional enhancement
of land uses and natural land features;
(b) The location and construction of aesthetically pleasing and
functional systems, approaches and settings for structures,
roadways and walkways or other improvements for natural drainage
and erosion control;
(c) Design for trails, pedestrian systems, plantings,
irrigation, site lighting, grading and drainage and other site
features;
(d) Investigation, selection and allocation of land and water
resources for appropriate uses;
(e) Feasibility studies;
(f) Formulation of graphic and written criteria to govern the
planning and design of land conservation programs;
(g) Preparation, review and analysis of master plans for land
use and development;
(h) Production of overall site plans, plans for grading,
drainage, irrigation and planting, and related construction
details;
(i) Development specifications, cost estimates and reports;
(j) Collaboration in the design of roads, bridges and
structures with respect to the functional and aesthetic
requirements of the areas where the roads, bridges and structures
are to be placed;
(k) Negotiation and arrangement for execution of land area
projects; and
(L) Field observation of land area construction, restoration
and maintenance.
(7) 'Registered landscape architect' means a person registered
as a landscape architect under ORS 671.310 to 671.459 { - ,
671.950 and 671.992 - } .
(8) 'Site features' means constructed surfaces, steps,
retaining walls, fences, arbors, trellises, benches, decks,
fountains, ponds, waterways, pools or other physical elements
constructed or proposed for construction in the landscape.
{ + NOTE: + } Removes inappropriate references to penalty
sections in lead-in and (7).
SECTION 414. ORS 671.325 is amended to read:
671.325. (1) Any individual desiring to be registered as a
landscape architect in this state shall make application to the
State Landscape Architect Board 15 days prior to any meeting of
the board upon such forms and in such manner as may be provided
by the board. In addition to the qualifications required by ORS
671.310 to 671.459, { - 671.950 and 671.992, - } each
applicant shall be at least 18 years of age.
(2) Each applicant for a certificate of registration shall pay
to the board the fee required under ORS 671.365.
{ + NOTE: + } Deletes inappropriate reference to penalty
sections in (1).
SECTION 415. ORS 671.338 is amended to read:
671.338. (1) Notwithstanding ORS 192.420:
(a) In addition to any exemption from disclosure provided under
ORS 192.501 (4), State Landscape Architect Board examination
materials, file records of examination grading and performance,
transcripts from educational institutions, letters of inquiry,
letters of reference and board inquiry forms { - , - }
concerning applicants or registrants are confidential and may not
be disclosed except as provided in paragraph (b) { - or (c) - }
of this subsection { + or subsection (2) of this section + }.
(b) Investigatory information developed or obtained by the
board is confidential and not subject to disclosure by the board
unless a notice is issued for a contested case hearing or the
matter investigated is finally resolved by board action or a
consent order. The board shall notify the registrant of the
investigation. The public may obtain information confirming that
an investigation is being conducted and describing the general
nature of the matter being investigated.
{ - (c) - } { + (2) + } The board may appoint an advisory
committee to conduct an investigation described under
{ - paragraph (b) of this - } subsection { + (1)(b) of this
section + } on behalf of the board. Investigatory information
developed or obtained by an advisory committee is confidential
unless a notice is issued for a contested case hearing or the
matter investigated is finally resolved by board action or a
consent order. The board may discuss in open session matters that
are being reviewed by an advisory committee, but may not disclose
confidential information into the public record.
{ - (2) - } { + (3) + } Notwithstanding any confidentiality
established under subsection (1) { + or (2) + } of this section,
if the board or an advisory committee meets in executive session
to discuss an investigation, the board or committee may permit
other public officials and members of the press to attend the
executive session. Notwithstanding ORS 192.610 to 192.690, the
public officials and members of the press attending the executive
session may not disclose information discussed by the board or
committee during the session until the information ceases to be
confidential under subsection (1) { + or (2) + } of this
section.
{ + NOTE: + } Restructures section to correct lead-in
problem.
SECTION 416. ORS 671.365 is amended to read:
671.365. The State Landscape Architect Board may establish by
rule the amounts for fees to be charged and collected under ORS
671.310 to 671.459 { - , 671.950 and 671.992 - } . The fees
shall include, but are not limited to:
(1) An examination fee.
(2) A fee for original registration of out-of-state landscape
architect under ORS 671.345.
(3) A fee for issuance of original registration under ORS
671.335.
(4) A fee for issuance of a duplicate certificate of
registration.
(5) A fee for renewal of registration under ORS 671.376.
(6) A late renewal fee under ORS 671.376.
{ + NOTE: + } Eliminates inappropriate reference to penalty
sections in lead-in.
SECTION 417. ORS 671.393 is amended to read:
671.393. The State Landscape Architect Board shall cause to be
prepared and shall by rule adopt a code of professional conduct
which shall be known in writing to every landscape architect and
applicant for registration under ORS 671.310 to 671.459 { - ,
671.950 and 671.992 - } . This code shall be published in the
roster of landscape architects. Such publication shall constitute
due notice to all registrants. The board may revise and amend
this code of conduct from time to time and shall promptly notify
each registrant in writing of such revisions or amendments.
{ + NOTE: + } Eliminates inappropriate reference to penalty
sections.
SECTION 418. ORS 671.395 is amended to read:
671.395. (1) The State Landscape Architect Board may establish
or approve programs of continuing education that contribute to
the competency of landscape architects. The board may charge a
fee for programs of continuing education it establishes.
(2) The board may require completion of a program of continuing
education established or approved under this section as a
condition for the issuance or renewal of registration as a
landscape architect under ORS 671.310 to 671.459 { - , 671.950
and 671.992 - } .
{ + NOTE: + } Eliminates inappropriate reference to penalty
sections in (2).
SECTION 419. ORS 671.404 is amended to read:
671.404. Subject to ORS 183.310 to 183.550, the State Landscape
Architect Board may refuse to register any applicant, may refuse
to renew the registration of any registered landscape architect
or landscape architect in training, or may suspend for a period
not exceeding one year or revoke the registration of any
registered landscape architect or landscape architect in training
if the board finds that the applicant or registrant is a person
who:
(1) Has used dishonesty, fraud or deceit in obtaining or
attempting to obtain registration under ORS 671.310 to 671.459,
{ - 671.950 and 671.992, - } including but not limited to
dishonesty, fraud or deceit in applying for registration,
applying to sit for an examination or passing an examination.
(2) Is impersonating or has attempted to impersonate a
registered landscape architect or a former registered landscape
architect, or is practicing under an assumed or fictitious name.
(3) Is found by the board to have used dishonesty, fraud or
deceit or to have been negligent, in the practice of landscape
architecture.
(4) Has affixed the person's signature to plans, reports or
other professional documents that have not been prepared by the
person or under the person's immediate and responsible direction
or has permitted the use of the person's name for the purpose of
assisting any individual, not a registered landscape architect,
to evade the provisions of ORS 671.310 to 671.459, 671.950 and
671.992.
(5) Has been found to have violated ethical or professional
standards by a court or administrative body in another state for
committing or omitting acts that, if committed or omitted in this
state, would be a violation of ethical or professional standards
established pursuant to ORS 671.310 to 671.459 { - , 671.950 and
671.992 - } . A certified copy of the record of suspension or
revocation of the state making the suspension or revocation is
conclusive evidence thereof.
(6) Has willfully evaded or attempted to evade a local or state
law, ordinance, code or rule, governing the construction of
landscapes or other site features.
{ + NOTE: + } Eliminates inappropriate references to penalty
sections in (1) and (5).
SECTION 420. ORS 671.408 is amended to read:
671.408. In addition to any civil penalty imposed by the State
Landscape Architect Board or any fine or term of imprisonment
imposed by a court, except as otherwise provided in ORS 671.404,
the board may impose one or more of the following sanctions
against a person violating ORS 671.310 to 671.459 { - , 671.950
and 671.992 - } :
(1) Revocation of a certificate of registration.
(2) Suspension of a certificate of registration for not more
than three years.
(3) Restriction of the scope of a registrant's practice.
(4) Imposition of peer review.
(5) Imposition of specific or additional professional education
requirements.
(6) Imposition of probationary registration status and
restrictions, including but not limited to requirements designed
to protect the public health, safety and welfare and restitution
payments to clients or other persons suffering economic loss due
to the violation.
(7) Issuance of a written reprimand.
{ + NOTE: + } Eliminates inappropriate reference to penalty
sections in lead-in.
SECTION 421. ORS 671.415 is amended to read:
671.415. The State Landscape Architect Board, subject to ORS
183.310 to 183.550, may adopt rules necessary for the board to
perform its duties under ORS 671.310 to 671.459 { - , - } { +
and + } 671.950
{ - and 671.992 - } .
{ + NOTE: + } Eliminates inappropriate reference to penalty
section.
SECTION 422. ORS 671.425 is amended to read:
671.425. If the State Landscape Architect Board revokes the
registration of a registered landscape architect under ORS
671.404, the board may issue registration under ORS 671.310 to
671.459 { - , 671.950 and 671.992 - } to the individual whose
registration is revoked if the individual:
(1) Files a new application for the registration and passes an
examination given by the board; and
(2) Establishes to the satisfaction of the board that all loss
caused by the acts for which the license was revoked has been
fully satisfied and that the individual has complied with all
conditions imposed by the decision of revocation.
{ + NOTE: + } Eliminates inappropriate reference to penalty
sections in lead-in.
SECTION 423. ORS 671.445 is amended to read:
671.445. The State Landscape Architect Board may, upon motion
of the board or upon the verified complaint in writing of any
person, investigate any alleged violation of ORS 671.310 to
671.459 { - , 671.950 and 671.992 - } . As part of the
investigation, the board may administer oaths, obtain and receive
evidence at board proceedings and compel compliance with board
subpoenas, all as provided in ORS 670.315.
{ + NOTE: + } Eliminates inappropriate reference to penalty
sections.
SECTION 424. ORS 671.540 is amended to read:
671.540. { + (1) + } ORS 671.510 to 671.710 and 671.990 (2) do
not apply to:
{ - (1) - } { + (a) + } Any federal or state agency or any
political subdivision performing landscaping on public property.
{ - (2) - } { + (b) + } Any landscape architect registered
pursuant to ORS 671.310 to 671.459 { - , 671.950 and 671.992 - }
and practicing as provided therein.
{ - (3) - } { + (c) + } Any landscaping work for which the
price of all contracts for labor, materials and other items for a
given job site in a calendar year is less than $500 and the work
is of a casual, minor or inconsequential nature. This
{ - subsection - } { + paragraph + } does not apply to a
person who advertises or represents through any manner including
a sign, card or other device which might indicate to the public
that the person is a landscape contractor or a landscaping
business or is qualified to so act.
{ - (4) - } { + (d) + } Any landscaping work that is a
casual, minor or inconsequential incident of maintenance of
grounds.
{ - (5) - } { + (e) + } Installation of fences, decks,
arbors, driveways, walkways or retaining walls when performed by
a person or business licensed with the Construction Contractors
Board.
{ - (6) - } { + (f) + } Grading of plots and areas of land
performed in conjunction with new or remodeling construction when
performed by a person or business licensed with the Construction
Contractors Board.
{ - (7) - } { + (g) + } Any owner of property who contracts
for landscaping work to be performed by a landscape contractor.
This { - subsection - } { + paragraph + } does not apply to a
person who, in pursuit of an independent business, performs or
contracts for the performance of landscaping work with the intent
of offering for sale before, upon or after completion of the
landscaping work, the property upon which the landscaping work is
performed.
{ - (8) - } { + (h) + } Any landscaping work performed by a
person on property that the person owns or in which the person
has a legal interest. This { - subsection - } { +
paragraph + } does not apply to a person who, in pursuit of an
independent business, performs or contracts for the performance
of landscaping work with the intent of offering for sale before,
upon or after completion of the landscaping work, the property on
which the landscaping work is performed.
{ - (9) - } { + (i) + } A general contractor licensed under
ORS chapter 701 who performs landscaping work if the total value
of the landscaping is less than $2,500 per residential dwelling
and the landscaping work is performed on residential property for
which the contractor is under contract for the construction of a
new dwelling. The State Landscape Contractors Board shall revise
the amount specified in this { - subsection - } { +
paragraph + } every five years, beginning in 2003, based on
changes in the Portland Consumer Price Index. This
{ - subsection - } { + paragraph + } does not apply to a
general contractor performing irrigation work unless the work is
performed pursuant to a permit issued by the local building
official.
{ - (10) - } { + (j) + } A general contractor licensed
under ORS chapter 701 who performs landscaping work on
residential property that is directly related to local building
code requirements or occupancy ordinances including, but not
limited to, the placement of street trees. This
{ - subsection - } { + paragraph + } does not apply to a
general contractor performing irrigation work unless the work is
performed pursuant to a permit issued by the local building
official.
{ - (11) - } { + (k) + } A person engaged in making
conceptual plans or drawings for the selection, general placement
or use of plants or other site features, unless the plans or
drawings are for sites:
{ - (a) - } { + (A) + } That include natural drainage
channels, streams, wetlands, marshes or other sensitive natural
areas regulated by the local, state or federal government or that
encroach on designated buffer zones for those areas; or
{ - (b) - } { + (B) + } Where slopes of 10 percent or
greater comprise at least 25 percent of the total site area or
directly contribute storm water to natural drainage channels,
streams, wetlands, marshes or other sensitive natural areas
regulated by the local, state or federal government.
{ - (12) - } { + (L) + } A person, other than a licensed
landscape contractor, using the title 'landscape designer' in
connection with making conceptual plans or drawings for the
selection, general placement or use of plants or other site
features, provided the person clearly notes on all contracts for
services, plans and drawings that the implementation of, or
consultation about the implementation of, the plans or drawings
may require the services of a professional authorized by law to
perform the implementation or offer the consultation.
{ - (13) - } { + (2) + } As used in this section, 'Portland
Consumer Price Index' means the Consumer Price Index for All
Urban Consumers (Portland -- all items) as published by the
Bureau of Labor Statistics of the United States Department of
Labor. For purposes of this subsection, the revision of the
Consumer Price Index that is the most consistent with the
Portland Consumer Price Index for 1986 shall be used.
{ + NOTE: + } Restructures section to correct lead-in
problem; eliminates inappropriate reference to penalty sections
in (1)(b); adjusts internal references.
SECTION 425. ORS 671.950 is amended to read:
671.950. (1) The State Landscape Architect Board may impose a
civil penalty against any person who violates any provision of
ORS 671.310 to 671.459 { - , 671.950 and 671.992 - } or any
rule adopted thereunder. The penalty shall be imposed in the
manner provided by ORS 183.090. The board shall determine the
amount of a civil penalty imposed under this section, not to
exceed $5,000 for each offense. Notwithstanding ORS 670.335,
civil penalties recovered under this section shall be deposited
into an account established by the board as provided under ORS
182.470. Moneys deposited are appropriated continuously to the
board for the administration and enforcement of ORS 182.456 to
182.472, 671.310 to 671.459 { - , - } { + and + } 671.950
{ - and 671.992 - } . The Attorney General shall bring an action
in the name of the State of Oregon in a court of appropriate
jurisdiction to enforce any civil penalty imposed under this
section.
(2) In determining the amount of a civil penalty imposed under
this section, the board may consider:
(a) The seriousness of the violation;
(b) The economic benefit to the violator resulting from the
violation;
(c) Whether the violator has previously committed violations;
and
(d) Other factors that the board finds appropriate.
{ + NOTE: + } Eliminates inappropriate references to penalty
sections in (1).
SECTION 426. ORS 671.992 is amended to read:
671.992. A person who violates any provision of ORS 671.310 to
671.459, { - 671.950 and 671.992, - } or any rule of the State
Landscape Architect Board adopted thereunder, is guilty of a
misdemeanor. Subject to ORS 161.655, a court may impose on the
person a fine of not less than $250 or more than $5,000, a term
of imprisonment of not more than six months, or both.
{ + NOTE: + } Eliminates inappropriate reference to penalty
sections.
SECTION 427. ORS 672.007 is amended to read:
672.007. (1) Within the meaning of ORS 672.002 to 672.325, a
person shall be considered practicing or offering to practice
engineering who:
(a) By verbal claim, sign, advertisement, letterhead, card or
in any other way implies that the person is or purports to be a
registered professional engineer;
(b) Through the use of some other title implies that the person
is an engineer or { - that the person is - } a registered
professional engineer { - registered under this chapter - } ;
or
(c) Purports to be able to perform, or who does perform, any
service or work { - which - } { + that + } is defined by ORS
672.005 as the practice of engineering.
(2) Within the meaning of ORS 672.002 to 672.325 { + , + } a
person is practicing or offering to practice land surveying who:
(a) By verbal claim, sign, advertisement, letterhead, card or
in any other way implies that the person is or purports to be a
land surveyor;
(b) Through the use of some other title implies that the person
is a land surveyor; or
(c) Purports to be able to perform, or who does perform, any
land surveying service or work or any other service
{ - which - } { + that + } is defined by ORS 672.005 as the
practice of land surveying.
{ + NOTE: + } Eliminates redundancies in (1)(b); corrects
grammar in (1)(c) and (2)(c); adds missing comma in (2).
SECTION 428. ORS 674.343 is amended to read:
674.343. { - On August 21, 2001, - } The Appraiser
Certification and Licensure Board is { - transferred from the
Department of Consumer and Business Services and is - }
established as a semi-independent state agency that is subject to
ORS 674.346 to 674.367.
{ + NOTE: + } Expunges obsolete provisions.
SECTION 429. ORS 675.050 is amended to read:
675.050. (1) Upon application therefor accompanied by the
established fee, the State Board of Psychologist Examiners may
issue a license, without written examination, to any applicant
who furnishes evidence satisfactory to the board that the
applicant:
(a) Holds a doctoral degree from an approved doctoral program
in psychology { - ; - } and is licensed or certified to
practice psychology in another state in which the requirements
for such licensing or certification are, in the judgment of the
board, essentially equivalent to licensing requirements of ORS
675.010 to 675.150 and the rules of the board; or
(b) Is a diplomate in good standing of the American Board of
Professional Psychology.
(2) The board shall administer an oral examination to any
person described in subsection (1) of this section.
{ + NOTE: + } Corrects punctuation in (1)(a).
SECTION 430. ORS 675.595 is amended to read:
675.595. In addition to the powers otherwise granted under ORS
675.510 to 675.600, the State Board of Clinical Social Workers
shall have the following powers:
(1) To determine the qualifications of applicants to practice
clinical social work in this state { - ; - } { + . + }
{ + (2) + } To cause to have examinations prepared, conducted
and graded { + . + } { - and - }
{ + (3) + } To grant certificates or licenses to qualified
applicants upon their compliance with the provisions of ORS
675.510 to 675.600 and the rules of the board.
{ - (2) - } { + (4) + } To grant or deny annual renewal of
certificates or licenses and to renew certificates and licenses
that have lapsed for nonpayment of the renewal fee, subject to
the provisions of ORS 675.510 to 675.600.
{ - (3) - } { + (5) + } To suspend or revoke certificates
or licenses, subject to ORS 675.510 to 675.600.
{ - (4) - } { + (6) + } To issue letters of reprimand or to
impose probationary periods with the authority to restrict the
scope of practice of a licensed clinical social worker or
clinical social work associate.
{ - (5) - } { + (7) + } To require that a licensee practice
under supervision.
{ - (6) - } { + (8) + } To require that a licensee obtain
additional training in social work.
{ - (7) - } { + (9) + } To require that a licensee undergo
psychological, physical or psychiatric assessment, enter into and
remain in any prescribed treatment program and disclose the
results of the treatment program to the board.
{ - (8) - } { + (10) + } To impose civil penalties not to
exceed $1,000.
{ - (9) - } { + (11) + } To restore certificates or
licenses that have been suspended, revoked or voided by
nonpayment of the renewal fee.
{ - (10)(a) - } { + (12)(a) + } To collect annual fees for
application, examination and certification or licensing of
applicants, for renewal of certificates and licenses, and for
issuance of limited certificates, such fees to be used to defray
the expenses of the board as provided in ORS 675.571; and
(b) To collect delinquent renewal fees as provided in ORS
675.571 (4).
{ - (11) - } { + (13) + } To investigate alleged violations
of ORS 675.510 to 675.600.
{ - (12) - } { + (14) + } To issue subpoenas for the
attendance of witnesses, take testimony, administer oaths or
affirmations to witnesses, conduct hearings and require the
production of relevant documents in all proceedings pertaining to
the duties and powers of the board.
{ - (13) - } { + (15) + } To enforce 675.510 to 675.600 and
exercise general supervision over the practice of clinical social
work in this state.
{ - (14) - } { + (16) + } To adopt a common seal.
{ - (15) - } { + (17) + } To formulate and enforce a code
of professional conduct for the practice of clinical social work
giving particular consideration to the code of ethics.
{ - (16) - } { + (18) + } To formulate and enforce
continuing education requirements for licensed clinical social
workers to ensure the highest quality of professional services to
the public.
{ - (17) - } { + (19) + } To take such other disciplinary
action as the board in its discretion finds proper, including but
not limited to assessment of the costs of the disciplinary
process.
{ + NOTE: + } Reformats (1) to conform to legislative style;
renumbers subsections.
SECTION 431. ORS 678.021 is amended to read:
678.021. { - After July 1, 1973, - } It shall be unlawful
for any person to practice nursing or offer to practice nursing
in this state or to use any title or abbreviation, sign, card or
device to indicate the person is practicing either practical or
registered nursing unless the person is licensed under ORS
678.010 to 678.410 at the level for which the indication of
practice is made and the license is valid and in effect.
{ + NOTE: + } Deletes obsolete provision.
SECTION 432. ORS 681.480 is amended to read:
681.480. All moneys received by the { - division - } { +
Department of Human Services + } under this chapter shall be paid
into the Public Health Account in the General Fund in the State
Treasury and such moneys hereby are appropriated continuously for
the administration and enforcement of this chapter.
{ + NOTE: + } Reflects statutory name change.
SECTION 433. ORS 682.109 is amended to read:
682.109. When a bond, letter of credit or certificate
evidencing deposit with the Department of
{ - Transportation - } { + Human Services + } is the method
chosen to prove financial responsibility, the provisions of ORS
806.090, 806.100 and 806.115 shall be deemed to refer to bonds,
letters of credit, certificates, deposits and rights and remedies
accruing thereunder under this chapter except that the dollar
amounts required for the bonds, letters of credit or deposits and
subject to the provisions shall be $320,000 each respectively.
{ + NOTE: + } Corrects agency reference.
SECTION 434. ORS 682.335 is amended to read:
682.335. (1) In addition to the other requirements of ORS
682.205 and 682.275, when initially adopting a plan for ambulance
services and ambulance service areas under ORS 682.205 or upon
any subsequent review of the plan, a county shall:
(a) Consider any and all proposals for providing ambulance
services that are submitted by a person or governmental unit or a
combination thereof;
(b) Require persons and governmental units that desire to
provide ambulance services under the plan to meet all the
requirements established by the plan; and
(c) Consider existing boundaries of cities and rural fire
protection districts when establishing ambulance service areas
under the plan.
{ - (2) Subsection (1)(a) and (c) of this section shall not
apply to any county that, on or before the July 19, 1989, has
initiated its bid process and solicited bids. - }
{ - (3) - } { + (2) + } When determining the provider of
ambulance services upon initial adoption or subsequent review of
a plan under ORS 682.205, a county shall not grant preference
under the plan to any person or governmental unit solely because
that person or governmental unit is providing ambulance services
at the time of adoption or review of the plan.
{ + NOTE: + } Eliminates obsolete subsection.
SECTION 435. ORS 682.345 is amended to read:
682.345. When a county plan is not adopted for a county under
ORS 682.205 { - : - } { + , + }
{ - (1) - } a person or governmental unit may provide
ambulance services within the county. A city or rural fire
protection district may provide such services within and outside
the city or district boundaries in accordance with policies
adopted by the governing body of the city or district, including
operation in other districts or cities by intergovernmental
agreement under ORS chapter 190.
{ - (2) A person or governmental unit that did not provide
ambulance services prior to January 1, 1989, shall not commence
the operation of such services under subsection (1) of this
section until July 1, 1990, except within an area: - }
{ - (a) That is otherwise not being served by any other
provider of ambulance services; or - }
{ - (b) For which the fees or other charges for ambulance
services are increased between July 15, 1989, and July 1, 1990,
by an existing provider of ambulance services. - }
{ + NOTE: + } Eliminates obsolete subsection.
SECTION 436. ORS 688.625 is amended to read:
688.625. As used in ORS 688.625 to 688.665:
(1) 'Dialysis facility or center' means a place awarded
conditional or unconditional status by the federal { - Health
Care Financing Administration - } { + Centers for Medicare and
Medicaid Services + }.
(2) 'End stage renal disease' means a condition that requires
either the replacement of kidney functions through renal
transplantation or the permanent assistance of those functions
through dialysis.
(3) 'Hemodialysis technician' means a person certified by the
Department of Human Services under ORS 688.650.
{ + NOTE: + } Updates title of federal agency in (1).
SECTION 437. ORS 693.020 is amended to read:
693.020. (1) Subject to the following described conditions,
this chapter does not prevent:
(a) Except as provided in paragraph (e) of this subsection, a
person from doing the person's own work on the person's own
building on the person's own premises, whether or not the person
holds a certificate of competency under this chapter, if the
person complies with all the rules adopted under this chapter and
ORS 447.010 to 447.156 and 447.992 and ORS chapter 455.
(b) A person from testing, repairing, servicing, maintaining,
installing or replacing new or existing potable water pump
equipment not exceeding seven and one-half horsepower on
residential property and piping between such pumps and storage
tanks for such pumps, whether or not the person holds any
certificate of competency under this chapter.
(c) A person from installing exterior storm drains. This
exception does not apply to exterior storm drains that are
connected to a sanitary sewer or combination sanitary storm
sewer.
(d) An employee or contractor of a utility, energy service
provider or water supplier from installing an approved low-flow
showerhead or faucet aerator in existing plumbing fixtures. The
devices installed under this paragraph are exempt from the
{ - licensing - } { + certification + }, permit and
inspection requirements of this chapter and ORS chapter 447.
(e) A person who owns, leases or operates residential property,
from repairing or using regular employees to repair existing
plumbing on property owned, leased or operated by the employer,
whether or not the employee holds a certificate of competency
under this chapter. As used in this paragraph:
(A) 'Repair' or 'maintenance' means the act of replacing or
putting together plumbing parts that restore the existing
plumbing system to a safe and sanitary operating condition.
(B) 'Regular employee' means a person subject to the provisions
of ORS 316.162 to 316.212 and who has completed a withholding
exemptions certificate required by the provisions of ORS 316.162
to 316.212.
(2) This section applies to any person, including but not
limited to individuals, corporations, associations, firms,
partnerships, joint stock companies, public and municipal
corporations, political subdivisions, this state and any agencies
thereof and the federal government and any agencies thereof.
(3)(a) Notwithstanding the exceptions in subsection (1) of this
section, only an individual certified as provided by ORS 693.060
may install, remodel or alter plumbing in a commercial or
industrial building being constructed or being offered for sale,
exchange, rent or lease.
(b) Nothing in paragraph (a) of this subsection shall limit the
right of a person to repair property as set forth in subsection
(1)(e) of this section.
(4) For the purpose of subsection (3) of this section, '
install, remodel or alter' means activities which involve
installation or changes to the plumbing inside a wall, floor,
crawl space or ceiling, or a change in the configuration of a
plumbing system.
(5) Except as provided in subsection (1)(d) of this section,
nothing in this chapter exempts a person from the plumbing
inspection requirements of ORS 447.010 to 447.156 and 447.992.
{ + NOTE: + } Corrects terminology in (1)(d).
SECTION 438. ORS 693.025 is amended to read:
693.025. (1) A utility company, energy service provider or
water supplier whose employees install low-flow showerheads or
faucet aerators shall furnish evidence to the Department of
Consumer and Business Services, in the form of a public liability
policy issued by an insurance company qualified to do business in
Oregon, that the company, provider or water supplier and its
employees are protected against liability for injury or death to
persons and loss of or damage to property resulting from the
installation.
(2) A person who contracts with a utility company, energy
service provider or water supplier to perform the functions
described in subsection (1) of this section shall furnish
evidence to the Department of Consumer and Business Services, in
the form of a public liability policy issued by an insurance
company qualified to do business in Oregon, that the contractor
and its employees are protected against liability for injury or
death to persons and loss of or damage to property resulting from
the installation.
(3) The amount of the liability insurance required under
subsections (1) and (2) of this section shall be in the amount of
not less than $25,000 for bodily injury to one or more persons
and not less than $25,000 for property damage.
(4) A person who performs, or who contracts to have performed,
a service described in subsection (1) of this section may not
perform any additional service for which a { - license - }
{ + certificate + } is required under this chapter unless the
person is
{ - licensed - } { + certified + } under this chapter to
perform the additional service. A person not { - licensed - }
{ + certified + } under this chapter who performs services that
are not described in subsection (1) of this section for which a
{ - license - } { + certificate + } is required under this
chapter is subject to civil penalty under ORS 693.992.
(5) Every utility company, energy service provider or water
supplier shall include in any contract for the performance of a
service described in subsection (1) of this section a statement
that, under penalty of ORS 693.992, the contractor may not
perform any service for which a { - license - } { +
certificate + } is required under this chapter, except
installation of low-flow showerheads or faucet aerators, unless
the contractor is { - licensed - } { + certified + } under
this chapter to perform that service.
{ + NOTE: + } Corrects terminology in (4) and (5).
SECTION 439. ORS 693.115 is amended to read:
693.115. (1) The State Plumbing Board is established in the
Department of Consumer and Business Services, consisting of seven
members appointed by the Governor. The appointment of a member of
the board is subject to confirmation by the Senate pursuant to
section 4, Article III of the Oregon Constitution.
(2) The members of the board shall be as follows:
(a) One journeyman plumber with 10 or more years' experience in
the trade or calling of journeyman plumber;
(b) One person who is registered to conduct a plumbing
business;
(c) One local plumbing inspector who is a journeyman plumber;
(d) One registered professional mechanical engineer;
(e) One officer or employee of the Department of Human
Services;
(f) One plumbing equipment supplier who otherwise qualifies by
experience in the industry or one building official; and
(g) One member of the general public.
(3) The term of office of each member is four years { - and
no member shall be eligible for appointment to more than two full
terms of office - } , 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. { + A member is not eligible
for appointment to more than two full terms of office. + } If
there is a vacancy for any cause, the Governor shall make an
appointment to become immediately effective for the unexpired
term.
(4) A member of the board shall receive compensation and
expenses as provided in ORS 292.495.
{ + NOTE: + } Revises run-on sentence in (3).
SECTION 440. ORS 701.005 is amended to read:
701.005. As used in this chapter:
(1) 'Board' means the Construction Contractors Board.
(2) 'Contractor' means a person who, for compensation or with
the intent to sell, arranges or undertakes or offers to undertake
or submits a bid to construct, alter, repair, add to, subtract
from, improve, inspect, move, wreck or demolish, for another, any
building, highway, road, railroad, excavation or other structure,
project, development or improvement attached to real estate or to
do any part thereof. 'Contractor' includes general contractors,
residential-only contractors and specialty contractors as defined
in this section.
(3) 'General contractor' means a contractor whose business
operations require the use of more than two unrelated building
trades or crafts that the contractor supervises or performs in
whole or part, whenever the sum of all contracts on any single
property, including materials and labor, exceeds an amount
established by rule by the board. 'General contractor' does not
include specialty contractors or limited contractors, as
described in ORS 701.085.
(4) 'Home inspector' means a person who, for a fee, inspects
and provides written reports on the overall physical condition of
a residential structure and the appurtenances thereto. 'Home
inspector' does not include persons certified under ORS chapter
455 to inspect new, repaired or altered structures for compliance
with the state building code.
(5) 'Inspector' means a contractor registered with the board
who inspects or otherwise provides services to a property owner
or other contractor but does not substantively add to or subtract
from a structure. 'Inspector' includes but is not limited to a
home inspector certified or licensed under ORS 701.350, a
lead-based paint inspector licensed under ORS 701.515 and a cross
connection and backflow prevention device inspector certified
under ORS 448.279. 'Inspector' does not include city or county
inspectors acting under ORS 701.225 or an inspector as defined in
ORS 455.715.
(6) 'Large commercial structure' means a structure that is not
a residential structure or small commercial structure.
(7) 'Residential-only contractor' means a general contractor or
specialty contractor who performs work exclusively in connection
with residential structures and small commercial structures, and
the appurtenances thereto. 'Residential-only contractor'
includes, but is not limited to:
(a) A person who purchases or owns property and constructs or
for compensation arranges for the construction of one or more
residential structures or small commercial structures with the
intent of selling the structures;
(b) A school district, as defined in ORS 332.002, that permits
students to construct a residential structure or small commercial
structure as an educational experience to learn building
techniques and sells the completed structure;
(c) A community college district, as defined in ORS 341.005,
that permits students to construct a residential structure or
small commercial structure as an educational experience to learn
building techniques and sells the completed structure; or
(d) Any person except a landscape contractor, nurseryman,
gardener or person engaged in the commercial harvest of forest
products who is engaged as an independent contractor to remove
trees, prune trees, remove tree limbs or stumps or to engage in
tree or limb guying.
(8) 'Residential structure' means a residence, including a
site-built home, modular home constructed off-site, floating home
as defined in ORS 830.700, condominium unit, manufactured
dwelling or duplex, or a multiunit residential building
consisting of four units or less that is not part of a
multistructure complex of buildings.
(9) 'Small commercial structure' means a nonresidential
structure that has a ground area of 4,000 square feet or less,
including exterior walls, and { + a height of + } not more than
20 feet
{ - in height - } from the top surface of the lowest flooring
to the highest interior overhead finish of the structure.
(10) 'Specialty contractor' means a contractor who performs
work on a structure, project, development or improvement and
whose operations as such do not fall within the definition of
'general contractor.' 'Specialty contractor' includes a person
who performs work regulated under ORS chapter 446.
{ + NOTE: + } Corrects solecism in (9).
SECTION 441. ORS 701.992 is amended to read:
701.992. (1) Except as provided in subsection (4) of this
section, any person who violates any provision of this chapter or
any rule adopted thereunder shall forfeit and pay into the
General Fund of the State Treasury a civil penalty in an amount
determined by the Construction Contractors Board of not more than
$5,000 for each offense.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(3) The provisions of this section are in addition to and not
in lieu of any other penalty or sanction provided by law.
(4) { + Civil + } penalties shall be imposed for violation of
ORS 701.135 (1)(h) on both the person to whom the contract is
awarded and the person who awards the contract as follows:
(a) A { - fine - } { + penalty + } not less than $500 nor
more than $1,000 for the first offense;
(b) A { - fine - } { + penalty + } not less than $1,000 nor
more than $2,000 for the second offense;
(c) Suspension of the person's license for six months for a
third offense; and
(d) Revocation of the person's license for three years for a
fourth offense.
(5) The board shall provide by rule a process and criteria that
must be met for restoration of a license that has been revoked.
(6) If at any time following restoration of a license of a
person who has violated ORS 701.135 (1)(h), the person is found
to have again violated ORS 701.135 (1)(h), the person's license
shall be permanently revoked.
{ + NOTE: + } Standardizes terminology in (4).
SECTION 442. ORS 703.480 is amended to read:
703.480. The Oregon Board of Investigators shall:
(1) Organize and elect from its membership a president and vice
president of the board.
(2) Adopt and use a common seal.
(3) Adopt rules necessary for the administration of ORS 703.401
to 703.490, in accordance with ORS 183.325 to 183.410.
(4) Investigate alleged violations of ORS 703.401 to 703.490
and of any rules adopted by the board. When the board conducts an
investigation under this subsection, the board shall destroy all
information about the alleged violation if the board determines
that the allegation is false.
(5) Prescribe and collect fees for application, licensing
{ - and registration - } , renewal of licenses { - and
registrations - } , issuance of identification cards and
penalties for late renewal of licenses. Fees established may not
exceed the cost of administering the program of the board for
which the fee was established.
(6) Adopt and administer a test of professional investigator
competency.
(7) Formulate a code of professional ethics to be followed by
investigators.
(8) Meet for the transaction of business at the call of the
president. A majority of the members constitutes a quorum for the
transaction of business.
(9) Keep an accurate record of all proceedings and activities
of the board. All records shall be kept in the office of the
board. All of the records of the board shall be public. However,
investigator client files obtained by the board are exempt from
disclosure under ORS 192.410 to 192.505 unless the public
interest requires disclosure in the particular instance.
(10) Provide an accounting of board funds to every investigator
at the end of each odd-numbered fiscal year.
(11) Establish a website on the Internet that lists each
investigator with the investigator's license number, business
address and telephone number.
(12) Provide professional development opportunity information
to investigators.
{ + NOTE: + } Eliminates outdated terminology in (5).
SECTION 443. ORS 711.540 is amended to read:
711.540. (1) Within a reasonable time after the expiration of
the time fixed in the notice to creditors { + , + } the Director
of the Department of Consumer and Business Services shall approve
or reject, in whole or in part, every claim filed.
(2) Depositors' claims { - asserting - } { + that
assert + } no priority or preference other than the preference
given under ORS 711.520 to depositors { - , which - } { + and
that + } are filed after the expiration of the time fixed in the
notice to creditors for the filing of all claims { - , - }
shall be approved or rejected, in whole or in part { + , + }
within a reasonable time after the claims are filed with the
director.
(3) The approval or rejection of any claim by the director
shall be indorsed in writing upon the claim and the director need
not state the reasons for the approval or rejection. The director
may at any time alter or amend the previous approval or rejection
of any claim.
{ + NOTE: + } Corrects punctuation in (1) and (2); conforms
syntax to legislative style in (2).
SECTION 444. ORS 716.028 is amended to read:
716.028. Any number of persons, not less than five, desiring to
organize an Oregon savings bank shall, as prospective
incorporators, first file an application with the Director of the
Department of Consumer and Business Services for authority to
organize an Oregon savings bank. The applicants shall pay to the
director at the time of their application a fee of $2,500, no
part of which will be refunded. The application shall be signed
by one of the applicants. The following information and documents
shall be included in or with the application:
(1) The corporate name.
(2) The proposed location of the initial principal place of
business.
(3) The name, occupation, residence and post-office address of
each prospective incorporator.
(4) The proposed articles of incorporation. { + The following
apply: + }
(a) If the Oregon savings bank is to be organized as an Oregon
stock savings bank, the articles of incorporation shall conform
to the provisions set forth in ORS 707.110 { - . - } { + ;
and + }
(b) If the Oregon savings bank is to be organized as an Oregon
nonstock bank, the articles of incorporation shall conform to the
provisions set forth in ORS 716.040.
(5) The names and residence addresses of the proposed senior
officers and the names, occupations and residence addresses of
proposed initial directors.
(6) If the Oregon savings bank is being organized as an Oregon
stock savings bank, the number of shares of voting stock proposed
to be subscribed for by the incorporators and each of the
proposed directors and senior officers, and the names of any
other persons who are expected to subscribe for, to own or to
control more than 10 percent of the voting stock and the amount
of stock for which each proposes to subscribe.
(7) Evidence satisfactory to the director of the character,
financial responsibility and ability of the prospective
incorporators, directors and senior officers.
(8) Evidence satisfactory to the director, in the form of a
business plan and such additional information as the director may
require, demonstrating that the proposed Oregon savings bank is
likely to be financially successful.
(9) The proposed operating policies of the Oregon savings bank.
(10) Any other information that the director may require.
{ + NOTE: + } Provides lead-in and conjunction in (4).
SECTION 445. ORS 731.216 is amended to read:
731.216. The Director of the Department of Consumer and
Business Services shall have the power to:
(1) Contract for and procure, on a fee or part-time basis, or
both, such actuarial, technical or other professional services as
may be required for the discharge of duties.
(2) Obtain such other services as the director considers
necessary or desirable, including participation in organizations
of state insurance supervisory officials and appointment of
advisory committees. A member of an advisory committee so
appointed shall receive no compensation for services as a member
{ - ; - } { + , + } but, subject to any other applicable law
regulating travel and other expenses of state officers, shall
receive actual and necessary travel and other expenses incurred
in the performance of official duties.
(3) Establish within the { - division - } { + Department of
Consumer and Business Services + } a workers' compensation rating
bureau to provide rating information that is based upon and
relevant to activities conducted in this state, to enable the
director to carry out the provisions of ORS chapter 737. In lieu
of creating a rating bureau within the { - division - } { +
department + }, the director may contract with any rating
organization in other states if the director finds that such a
contract would provide the information required by this section.
{ + NOTE: + } Corrects punctuation in (2); reflects statutory
name change in (3).
SECTION 446. ORS 732.005 is amended to read:
732.005. (1) Except where inconsistent with the express
provisions of the Insurance Code, ORS chapter 60, shall, to the
extent applicable, govern the powers, duties and relationships of
domestic insurers.
(2) The following sections in ORS chapter 60 { - may - }
{ + do + } not apply to insurers: ORS 60.004, 60.007 to 60.014,
60.016, 60.017 to 60.024, 60.031, 60.044, 60.051 to 60.057,
60.094 to 60.101, 60.311, 60.470 to 60.534, 60.701 to 60.717,
60.734 to 60.744, 60.787, 60.954, 60.957 to 60.967 and 60.992.
(3) ORS 60.224, 60.774 (2)(c) and 60.777 (4) { - may - }
{ + do + } not apply to insurers without capital stock.
(4) The enumeration in subsections (2) and (3) of this section
of inapplicable sections in ORS chapter 60 { - may not be
deemed - } { + is not + } exclusive or a limitation upon
subsection (1) of this section.
(5) To the extent applicable and not inconsistent with
subsections (1) to (4) of this section, ORS chapter 60 shall
apply to insurers without capital stock as well as to insurers
with capital stock. Where applicable to insurers without capital
stock, references in ORS chapter 60 to 'shareholders' shall be
deemed references to 'policyholders' or 'subscribers' as the case
may be.
(6) In applying ORS chapter 60 as provided in this section,
unless the context requires otherwise:
(a) 'Office of Secretary of State' or 'office' means the
Department of Consumer and Business Services.
(b) 'Secretary of State' means the Director of the Department
of Consumer and Business Services.
(c) 'Corporation' and 'domestic corporation' mean a domestic
insurer.
{ + NOTE: + } Conforms syntax to legislative style in (2),
(3) and (4).
SECTION 447. ORS 732.470 is amended to read:
732.470. (1) Each member of a domestic mutual insurer is
entitled to one vote on each matter coming before a meeting of
the members and for each director to be elected regardless of the
number of policies or amount of insurance and benefits held by
such member.
(2) The member under a group policy shall have but one vote
regardless of the number of individuals insured or benefited
thereunder.
(3) Two or more persons who qualify as policyholders under a
single policy shall be deemed one policyholder and member for
purposes of voting and collectively shall be entitled to one
vote.
(4) Fractional voting may not be permitted.
(5) { - Where - } { + When + } a member is a minor, the
vote shall be vested in the parent or legal guardian of
{ - such - } { + the + } minor.
(6) Cumulative voting for directors may not be permitted unless
expressly provided for in the insurer's articles of
incorporation.
(7) The right to vote shall be subject to such reasonable
minimum requirements as to duration of membership as may be made
in the articles of incorporation and bylaws of the insurer.
(8) A member may in every case vote in person or by proxy
{ - ; - } { + . + } The right to vote by proxy shall be subject
to reasonable provisions pertaining thereto, including the
duration of proxies, contained in the articles of incorporation
or bylaws of the insurer.
{ + NOTE: + } Conforms syntax to legislative style in (5);
conforms punctuation to legislative style in (8).
SECTION 448. ORS 734.577 is amended to read:
734.577. (1) { - On or before July 1, 1988, and - } On or
before July 1 of each calendar year { - thereafter - } , the
Director of the Department of Consumer and Business Services
shall notify the State Treasurer of the total amount of
assessments that member insurers have offset against their fire
insurance gross premiums tax under ORS 734.575 (1) for the
calendar year ending on the preceding December 31.
(2) After each notice given by the director under subsection
(1) of this section, an amount equal to the amount specified in
the notice, or the amount needed to fund the current
legislatively approved budget of the office of the State Fire
Marshal, whichever amount is less, is appropriated and may be
transferred from the General Fund to the State Fire Marshal Fund
by action of the appropriate legislative review agency.
{ + NOTE: + } Eliminates out-of-date provision in (1).
SECTION 449. ORS 743.656 is amended to read:
743.656. (1) No long term care insurance policy shall be
delivered or issued for delivery in this state { - after
January 1, 1992, - } unless { - such - } { + the + } policy
determines eligibility for benefits through a determination that
is not more restrictive than requiring that:
(a) The policyholder be functionally impaired and needing
assistance in any three or more activities of daily living as
defined by the Director of the Department of Consumer and
Business Services, by rule, after consultation with the Director
of Human Services.
(b) Benefits must be payable when the beneficiary is receiving
covered services from any of the following providers approved by
the insurer:
(A) Nursing home;
(B) Assisted living;
(C) Home care; and
(D) Adult foster care.
(c) The insurer shall approve nursing home, assisted living,
home care, adult foster home and any other providers of covered
services by using standards that have been submitted to and
approved by the director in consultation with the Director of
Human Services.
(2) { - After January 1, 1992, - } No long term care policy
{ - shall be sold in this state - } that offers only nursing
home benefits { + shall be sold in this state + }.
{ + NOTE: + } Deletes obsolete provisions; conforms syntax to
legislative style.
SECTION 450. ORS 743.814 is amended to read:
743.814. All insurers offering managed health insurance in this
state shall:
(1) Have a quality assessment program that enables the insurer
to evaluate, maintain and improve the quality of health services
provided to enrollees. The program shall include data gathering
that allows the plan to measure progress on specific quality
improvement goals chosen by the insurer.
(2) File an annual summary with the Department of Consumer and
Business Services that describes quality assessment activities,
including any activities related to credentialing of providers,
and reports any progress on the insurer's quality improvement
goals.
(3) File annually with the department the following
information:
(a) Results of all publicly available federal { - Health Care
Financing Administration - } { + Centers for Medicare and
Medicaid Services + } reports and accreditation surveys by
national accreditation organizations.
(b) The insurer's health promotion and disease prevention
activities, if any, including a summary of screening and
preventive health care activities covered by the insurer. In
addition to the summary required in this paragraph, the
consortium established pursuant to ORS 743.831 shall develop
recommendations for, and the department shall adopt rules
requiring, reporting of an insurer's health promotion and disease
prevention activities related to:
(A) Two specific preventive measures;
(B) One specific chronic condition; and
(C) One specific acute condition.
{ + NOTE: + } Updates title of federal agency in (3)(a).
SECTION 451. ORS 746.191 is amended to read:
746.191. A lending institution which solicits insurance on real
or personal property must explain to the borrower in prominently
displayed writing that insurance related to a loan or credit
extension may be purchased from an insurer or agent of the
borrower's choice, subject only to the lending institution's
right to reject a given insurance policy or insurer as provided
in ORS 746.195 (2). Compliance with the notice provided for in
section 106 of the Truth in Lending Act (15 U.S.C. { + 1601 et
seq. + }) shall be considered compliance with this section.
{ + NOTE: + } Completes citation of federal Act.
SECTION 452. ORS 756.032 is amended to read:
756.032. (1) The Public Utility Commission shall dismiss an
employee:
{ - (a) Employed on January 1, 1972, who fails to file the
statement required by ORS 756.028 before January 12, 1972. - }
{ - (b) - } { + (a) + } { - Employed after January 1,
1972, - } Who fails to file the statement required by ORS
756.028 before the 11th day after the date of employment.
{ - (c) - } { + (b) + } Who fails to file the supplementary
statement required by ORS 756.028 before the 11th day after the
acquisition of a pecuniary interest.
{ - (d) - } { + (c) + } Who fails to cause divestiture of a
pecuniary interest within the time specified in an order issued
pursuant to ORS 756.028.
(2) Dismissal of an employee under subsection (1) of this
section is subject to the procedure and appeal provided in ORS
240.555 and 240.560. An employee so dismissed is eligible for
reemployment.
{ + NOTE: + } Deletes outdated provisions in (1).
SECTION 453. ORS 756.036 is amended to read:
756.036. (1) The Public Utility Commission may:
(a) Organize and reorganize the office of the Public Utility
Commission in the manner that it considers necessary to properly
discharge the responsibilities of the Public Utility Commission.
(b) Contract for or procure on a fee or part-time basis, or
both, such experts, technical or other professional services as
it may require for the discharge of its duties.
(c) Obtain such other services as it considers necessary or
desirable.
(d) Participate in organizations of regional and national
utility commissions.
(e) Appoint advisory committees. A member of an advisory
committee so appointed shall receive no compensation for services
as a member { - ; but, - } { + . + } Subject to any applicable
law regulating travel and other expenses of state officers and
employees, the member shall receive actual and necessary travel
and other expenses incurred in the performance of official
duties.
(2) Subject to any applicable law regulating travel and other
expenses of state officers and employees, the commissioners and
the officers and employees of the commission shall be reimbursed
for such reasonable and necessary travel and other expenses
incurred in the performance of their official duties.
(3) The chairperson of the commission appointed under ORS
756.014 shall serve as the administrative head of the commission
and has the power to:
(a) With the consent of one or more of the other members of the
commission, appoint and employ all subordinate officers and
employees, including, but not limited to, deputies, assistants,
engineers, examiners, accountants, auditors, inspectors and
clerical personnel, prescribe their duties and fix their
compensation, subject to the State Personnel Relations Law.
(b) Prescribe internal policies and procedures for the
government of the commission, the conduct of its employees, the
assignment and performance of its business and the custody, use
and preservation of its records, papers and property in a manner
consistent with applicable law.
{ + NOTE: + } Corrects punctuation in (1)(e).
SECTION 454. ORS 757.601 is amended to read:
757.601. (1) All retail electricity consumers of an electric
company, other than residential electricity consumers, shall be
allowed direct access beginning on March 1, 2002. Retail
electricity consumers shall not be allowed direct access before
that date.
{ - (2) The Public Utility Commission shall report to the
Legislative Assembly not later than January 1, 2003, on whether
residential electricity consumers would benefit from direct
access to electricity services. The report shall address, at a
minimum, issues of market development for residential and
small-farm consumers and the impact of direct access on
residential and small-farm consumers' access to benefits from the
federal Columbia River power system. - }
{ - (3) - } { + (2) + } Residential electricity consumers
shall be allowed to purchase electricity from among a portfolio
of rate options as described in ORS 757.603 not later than March
1, 2002.
{ - (4) - } { + (3) + } ORS 757.600 to 757.691 do not apply
to an electric company providing electricity services to fewer
than 25,000 consumers in this state unless the electric company
offers direct access to any of its retail electricity consumers
in this state or offers to sell electricity services available
under direct access to more than one retail electricity consumer
of another electric utility.
{ + NOTE: + } Eliminates obsolete subsection.
SECTION 455. ORS 759.425 is amended to read:
759.425. (1) { - Within 12 months following September 1,
1999, - } The Public Utility Commission shall establish and
implement a competitively neutral and nondiscriminatory universal
service fund to ensure basic telephone service is available at a
reasonable and affordable rate. The universal service fund shall
conform to section 254 of the federal Telecommunications Act of
1996 (Public Law 104-104). The commission may delay
implementation for rural telecommunications carriers, as defined
in the federal Act, for up to six months after the date the
Federal Communications Commission adopts a cost methodology for
rural carriers.
(2)(a) The Public Utility Commission shall establish the price
a telecommunications utility may charge its customers for basic
telephone service. The commission in its discretion shall
periodically review and evaluate the status of telecommunications
services in the state and designate the services included in
basic telephone service. The commission in its discretion shall
periodically review and adjust as necessary the price a
telecommunications utility may charge for basic telephone
service.
(b) The provisions of this subsection do not apply to the basic
telephone service provided by a telecommunications utility
described in ORS 759.040.
(3)(a) The Public Utility Commission shall establish a
benchmark for basic telephone service as necessary for the
administration and distribution of the universal service fund.
The universal service fund shall provide explicit support to an
eligible telecommunications carrier that is equal to the
difference between the cost of providing basic telephone service
and the benchmark, less any explicit compensation received by the
carrier from federal sources specifically targeted to recovery of
local loop costs and less any explicit support received by the
carrier from a federal universal service program.
(b) The commission in its discretion shall periodically review
the benchmark and adjust it as necessary to reflect:
(A) Changes in competition in the telecommunications industry;
(B) Changes in federal universal service support; and
(C) Other relevant factors as determined by the commission.
(c) Except for a telecommunications utility described in ORS
759.040, the commission shall seek to limit the difference
between the price a telecommunications utility may charge for
basic telephone service and the benchmark.
(4) Except as provided in subsections (6) and (7) of this
section, there is imposed on the sale of all retail
telecommunications services sold in this state a universal
service surcharge. The surcharge shall be established by the
commission as a uniform percentage of the sale of retail
telecommunications services in an amount sufficient to support
the purpose of the universal service fund. The surcharge may be
shown as a separate line item by all telecommunications carriers
using language prescribed by the commission. A telecommunications
carrier shall deposit amounts collected into the universal
service fund according to a schedule adopted by the commission.
(5) The commission is authorized to establish a universal
service fund, separate and distinct from the General Fund. The
fund shall consist of all universal service surcharge moneys
collected by telecommunications carriers and paid into the fund.
The fund shall be used only for the purpose described in this
section, and for payment of expenses incurred by the commission
or a third party appointed by the commission to administer this
section. All moneys in the fund are continuously appropriated to
the commission to carry out the provisions of this section.
Interest on moneys deposited in the fund shall accrue to the
fund.
(6) For purposes of this section, 'retail telecommunications
service' does not include radio communications service, radio
paging service, commercial mobile radio service, personal
communications service or cellular communications service.
(7)(a) Notwithstanding subsection (6) of this section, a person
who primarily provides radio communications service, radio paging
service, commercial mobile radio service, personal communications
service or cellular communications service may request
designation as an eligible telecommunications carrier by the
Public Utility Commission for purposes of participation in the
universal service fund.
(b) In the event a person who primarily provides radio
communications service, radio paging service, commercial mobile
radio service, personal communications service or cellular
communications service seeks designation as an eligible
telecommunications carrier for purposes of participation in the
universal service fund, the person shall provide written notice
to the Public Utility Commission requesting designation as an
eligible telecommunications carrier within 60 days of the date
the commission establishes the fund. Upon receiving notice, the
commission may designate the person as an eligible
telecommunications carrier for purposes of participation in the
fund.
(c) A person who primarily provides radio communications
service, radio paging service, commercial mobile radio service,
personal communications service or cellular communications
service who fails to request designation as an eligible
telecommunications carrier within 60 days of the date the
universal service fund is established by the Public Utility
Commission may not be designated as an eligible
telecommunications carrier unless the person has contributed to
the fund for at least one year immediately prior to requesting
designation.
{ + NOTE: + } Deletes obsolete provision in (1).
SECTION 456. ORS 759.425, as amended by section 3, chapter 966,
Oregon Laws 2001, is amended to read:
759.425. (1) { - Within 12 months following September 1,
1999, - } The Public Utility Commission shall establish and
implement a competitively neutral and nondiscriminatory universal
service fund to ensure basic telephone service is available at a
reasonable and affordable rate. The universal service fund shall
conform to section 254 of the federal Telecommunications Act of
1996 (Public Law 104-104). The commission may delay
implementation for rural telecommunications carriers, as defined
in the federal Act, for up to six months after the date the
Federal Communications Commission adopts a cost methodology for
rural carriers.
(2)(a) The Public Utility Commission shall establish the price
a telecommunications utility may charge its customers for basic
telephone service. The commission in its discretion shall
periodically review and evaluate the status of telecommunications
services in the state and designate the services included in
basic telephone service. The commission in its discretion shall
periodically review and adjust as necessary the price a
telecommunications utility may charge for basic telephone
service.
(b) The provisions of this subsection do not apply to the basic
telephone service provided by a telecommunications utility
described in ORS 759.040.
(3)(a) The Public Utility Commission shall establish a
benchmark for basic telephone service as necessary for the
administration and distribution of the universal service fund.
The universal service fund shall provide explicit support to an
eligible telecommunications carrier that is equal to the
difference between the cost of providing basic telephone service
and the benchmark, less any explicit compensation received by the
carrier from federal sources specifically targeted to recovery of
local loop costs and less any explicit support received by the
carrier from a federal universal service program.
(b) The commission in its discretion shall periodically review
the benchmark and adjust it as necessary to reflect:
(A) Changes in competition in the telecommunications industry;
(B) Changes in federal universal service support; and
(C) Other relevant factors as determined by the commission.
(c) Except for a telecommunications utility described in ORS
759.040, the commission shall seek to limit the difference
between the price a telecommunications utility may charge for
basic telephone service and the benchmark.
(4) Except as provided in subsections (6) and (7) of this
section, there is imposed on the sale of all retail
telecommunications services sold in this state a universal
service surcharge. The surcharge shall be established by the
commission as a uniform percentage of the sale of retail
telecommunications services in an amount sufficient to support
the purpose of the universal service fund. The surcharge may be
shown as a separate line item by all telecommunications carriers
using language prescribed by the commission. A telecommunications
carrier shall deposit amounts collected into the universal
service fund according to a schedule adopted by the commission.
(5) The commission is authorized to establish a universal
service fund, separate and distinct from the General Fund. The
fund shall consist of all universal service surcharge moneys
collected by telecommunications carriers and paid into the fund.
The fund shall be used only for the purpose described in this
section, and for payment of expenses incurred by the commission
or a third party appointed by the commission to administer this
section. All moneys in the fund are continuously appropriated to
the commission to carry out the provisions of this section.
Interest on moneys deposited in the fund shall accrue to the
fund.
(6) For purposes of this section, 'retail telecommunications
service' does not include radio communications service, radio
paging service, commercial mobile radio service, personal
communications service or cellular communications service.
(7)(a) Notwithstanding subsection (6) of this section, a person
who primarily provides radio communications service, radio paging
service, commercial mobile radio service, personal communications
service or cellular communications service may request
designation as an eligible telecommunications carrier by the
Public Utility Commission for purposes of participation in the
universal service fund.
(b) In the event a person who primarily provides radio
communications service, radio paging service, commercial mobile
radio service, personal communications service or cellular
communications service seeks designation as an eligible
telecommunications carrier for purposes of participation in the
universal service fund, the person shall provide written notice
to the Public Utility Commission requesting designation as an
eligible telecommunications carrier within 60 days of the date
the commission establishes the fund. Upon receiving notice, the
commission may designate the person as an eligible
telecommunications carrier for purposes of participation in the
fund.
(c) A person who primarily provides radio communications
service, radio paging service, commercial mobile radio service,
personal communications service or cellular communications
service who fails to request designation as an eligible
telecommunications carrier within 60 days of the date the
universal service fund is established by the Public Utility
Commission may not be designated as an eligible
telecommunications carrier unless the person has contributed to
the fund for at least one year immediately prior to requesting
designation.
(8) A pay telephone provider may apply to the Public Utility
Commission, on a form developed by the commission, for a refund
of the universal service surcharge imposed on the provider under
subsection (4) of this section for the provision of pay telephone
service.
{ + NOTE: + } Deletes obsolete provision in (1).
SECTION 457. ORS 801.207 is amended to read:
801.207. 'Commercial driver license' means a driver license
issued by this state or any other jurisdiction that authorizes
its holder to drive a commercial motor vehicle if the holder also
has any necessary { - indorsements - } { + endorsements + }
to the license.
{ + NOTE: + } Corrects nonstandard spelling.
SECTION 458. ORS 801.255 is amended to read:
801.255. 'Driving privilege' means the grant of authority by a
jurisdiction to a person that allows that person to drive a
vehicle on highways within that jurisdiction. Driving privileges
grant authority to a person not to a vehicle. The driving
privilege includes any such grant of authority whether or not
documents are issued as evidence of the authority. In this state,
driving privileges may be granted under:
(1) A license as defined under ORS 801.207 and 801.245.
(2) Driver permits as described in ORS 801.250.
(3) The driving privileges established under ORS 807.020.
(4) Any { - indorsement - } { + endorsement + } of a
license or driver permit or limitations on a license or driver
permit that allows a person to operate a motor vehicle.
{ + NOTE: + } Corrects nonstandard spelling.
SECTION 459. { + ORS 801.315 is repealed. + }
{ + NOTE: + } Repeals Oregon Vehicle Code's definition of '
indorsement' to replace with preferred spelling; see sections 460
and 461 (enacting definition of 'endorsement').
SECTION 460. { + Section 461 of this 2003 Act is added to and
made a part of the Oregon Vehicle Code. + }
{ + NOTE: + } Adds section to appropriate series.
SECTION 461. { + ' Endorsement,' when used in relation to
driving privileges, means a grant of driving privileges, or the
evidence thereof, to a person who holds a license, or in some
instances a driver permit, allowing the person to exercise
driving privileges that are not granted by the license or driver
permit. The types of endorsements granted by this state and the
driving privileges granted under each type of endorsement are
established by ORS 807.035. + }
{ + NOTE: + } Provides definition of corrected terminology
for Oregon Vehicle Code.
SECTION 462. ORS 802.155 is amended to read:
802.155. (1) There is created the Safety Education Fund,
separate and distinct from the General Fund. { - Moneys shall
be paid into the fund as provided in Oregon Revised Statutes. - }
Interest earned by the fund shall be credited to the fund.
(2) Moneys deposited in the Safety Education Fund from the
Criminal Fine and Assessment Public Safety Fund are continuously
appropriated to the office of the manager of the Transportation
Safety section of the Department of Transportation to be used for
safety education programs:
(a) That provide injury prevention education on traffic safety
issues for each age group in the kindergarten through college
ages;
(b) That have been recipients of funds under 23 U.S.C. 402 for
at least three years;
(c) That are found by the Transportation Safety section to be
effective, as measured by the three-year reporting cycle funded
under 23 U.S.C. 402; and
(d) That operate statewide.
{ + NOTE: + } Eliminates superfluous provision in (1).
SECTION 463. ORS 803.601 is amended to read:
803.601. Fees collected by the Department of Transportation for
recreational vehicle trip permits described in ORS 803.600 shall
be transferred to the State Parks and Recreation Department Fund
established by ORS 390.134 { - (1) to (6) - } and are
continuously appropriated to the State Parks and Recreation
Department for the purposes specified in ORS 390.134 { - (1) to
(6) - } .
{ + NOTE: + } Deletes inappropriate subsection references.
SECTION 464. ORS 805.255 is amended to read:
805.255. (1) The Department of Transportation shall establish a
salmon { - license - } { + registration + } plate program to
issue special registration plates called 'salmon
{ - license - } { + registration + } plates' upon request to
owners of motor homes, travel trailers and motor vehicles
registered under the provisions of ORS 803.420 (1) to observe the
importance of salmonid to Oregon. In addition, the department may
adopt rules for issuance of salmon { - license - } { +
registration + } plates for vehicles not registered under the
provisions of ORS 803.420 (1).
(2) In addition to any other fee authorized by law, for each
salmon { - license - } { + registration + } plate issued
under subsection (1) of this section, the department shall
collect a surcharge of $7.50 for each year of the registration
period, payable when the plate is issued and upon each subsequent
renewal of registration of a vehicle bearing the plate. The
department shall distribute the surcharge as provided in ORS
805.256.
(3) Notwithstanding ORS 803.530, salmon { - license - } { +
registration + } plates may be transferred from vehicle to
vehicle if the department stops issuing the plates { - so - }
{ + as + } long as the plates are not so old, damaged,
mutilated or otherwise rendered illegible as to be not useful for
purposes of identification.
{ + NOTE: + } Conforms terminology to Oregon Vehicle Code;
corrects grammar in (3).
SECTION 465. ORS 805.256 is amended to read:
805.256. (1) After deduction of the cost of administration of
the salmon { - license - } { + registration + } plate
program, moneys from the surcharge imposed by ORS 805.255 shall
be transferred and appropriated as follows:
(a) Half of the moneys shall be transferred to the Oregon
Watershed Enhancement Board established under ORS 541.360 and
shall be continuously appropriated to the board for watershed
enhancement projects under ORS 541.375 that are designed to
restore salmonid habitats and improve the health of streams that
support salmonid populations; and
(b) Half of the moneys shall be transferred to the State Parks
and Recreation Department Fund established under ORS 390.134
{ - (1) to (6) - } and continuously appropriated for the
purposes described in ORS 390.134 { - (3) - } { + (4) + }.
(2) As used in this section, 'the cost of administration of the
salmon { - license - } { + registration + } plate program' is
the sum of all Department of Transportation expenses for the
issuance or transfer of salmon { - license - } { +
registration + } plates under ORS 805.255 that are above the
normal costs of issuing, renewing and transferring
{ - license - } { + registration + } plates in the normal
course of the business of the department. These expenses include,
but are not limited to, the costs of collecting the salmon
{ - license - } { + registration + } plate surcharge and
transferring salmon { - license - } { + registration + }
plates.
{ + NOTE: + } Conforms terminology to Oregon Vehicle Code.
Deletes inappropriate subsection reference in (1)(b). Adjusts
subsection reference for renumbering in (1)(b); see section 166
(amending 390.134).
SECTION 466. ORS 806.240 is amended to read:
806.240. Future responsibility filings required by ORS 806.200,
806.220 or 806.230 or by any other law of this state are subject
to all of the following:
(1) The person required to make the filing must file, or have
filed for the benefit of the person, proof that meets the
requirements of this section and must maintain the proof as long
as required under ORS 806.245.
(2) The proof given for a future responsibility filing must be
one or more of the following proofs that the person is in
compliance with financial responsibility requirements:
(a) A certificate or certificates of insurance that meet the
requirements under ORS 806.270.
(b) A valid certificate of self-insurance issued by the
Department of Transportation under ORS 806.130.
(c) A bond meeting the requirements described under ORS
806.090. Upon receipt of a bond as a future responsibility filing
under this paragraph, the department, if appropriate, shall file
the bond under ORS 806.260 to perfect any lien established under
that section.
(d) A certificate evidencing deposit issued by the department
under ORS 806.115. The department shall not issue a certificate
under this paragraph unless the deposit is accompanied by
evidence that there are no unsatisfied judgments of any character
against the depositor in the county where the depositor resides.
(3) The owner of a motor vehicle may make a future
responsibility filing under this section on behalf of the owner's
employee or a member of the owner's immediate family or household
in lieu of the filing being made by such person. Filing under
this subsection permits the person on whose behalf the filing is
made to operate only a motor vehicle covered by the proof given
in the filing. The department shall { - indorse - } { +
endorse + } restrictions, as appropriate, on any license or
driver permit the person holds as the department determines
necessary to limit the person's ability to operate vehicles
consistent with this subsection.
(4) At the request of a person who has made a future
responsibility filing under this section, the department shall
return the proof filed upon the substitution of other adequate
proof.
(5) Whenever proof filed under this section no longer meets the
requirements of this section, the department shall require the
furnishing of other proof for the future responsibility filing.
If such other proof is not so furnished, the department shall
suspend the driving privileges of the person as provided under
ORS 809.410 or, if applicable, any registration as provided under
ORS 809.050.
{ + NOTE: + } Corrects nonstandard spelling in (3).
SECTION 467. ORS 807.010 is amended to read:
807.010. (1) A person commits the offense of vehicle operating
without driving privileges if the person operates a motor vehicle
upon a highway or premises open to the public in this state and
the person does not have an appropriate grant of driving
privileges from this state in the form of a license, driver
permit, { - indorsement - } { + endorsement + } or statutory
grant of driving privileges allowing the person to engage in the
particular type of operation.
(2) A person to whom a license or driver permit is issued
commits the offense of violating license restrictions if the
person operates a motor vehicle in any manner that violates
restrictions that are placed upon the person's driving privileges
by the Department of Transportation under ORS 807.120 or 807.122,
by a court under ORS 809.210 or 809.270, or by the vehicle code.
(3) Nothing in this section is applicable to a person who is
driving while suspended or revoked in violation of ORS 811.175 or
811.182. Persons who violate ORS 811.175 or 811.182 are subject
to the provisions and penalties provided therein and are not
subject to the penalties and provisions of this section.
(4) The offense described in subsection (1) of this section,
vehicle operating without driving privileges, is a Class B
traffic violation.
(5) The offense described in subsection (2) of this section,
operating in violation of license restrictions, is a Class B
traffic violation.
{ + NOTE: + } Corrects nonstandard spelling in (1).
SECTION 468. ORS 807.020 is amended to read:
807.020. A person who is granted a driving privilege by this
section may exercise the driving privilege described without
violation of the requirements under ORS 807.010. A grant of
driving privileges to operate a motor vehicle under this section
is subject to suspension and revocation the same as other driving
privileges granted under the vehicle code. This section is in
addition to any exemptions from the vehicle code under ORS
801.026. The following persons are granted the described driving
privileges:
(1) A person who is not a resident of this state may operate a
motor vehicle without an Oregon license or driver permit if the
person holds a current out-of-state license issued to the person
by the person's home jurisdiction. To qualify under this
subsection, the person must have the out-of-state license or
driver permit in the person's possession. A person is not granted
driving privileges under this subsection:
(a) If the person is under the minimum age required to be
eligible for driving privileges under ORS 807.060;
(b) During a period of suspension or revocation by this state
or any other jurisdiction of driving privileges or of the right
to apply for a license or driver permit issued by this state or
any other jurisdiction; or
(c) That exceed the driving privileges granted to the person by
the home jurisdiction of the person.
(2) A person in the Armed Forces of the United States may
operate a motor vehicle without an Oregon license or driver
permit if the person:
(a) Has a current out-of-state license or driver permit issued
by the Armed Forces; and
(b) Is operating an official motor vehicle in the course of the
person's duties in the Armed Forces.
(3) A person without a license or driver permit may operate a
road roller or road machinery that is not required to be
registered under the laws of this state.
(4) A person without a license or driver permit may temporarily
operate, draw, move or propel a farm tractor or implement of
husbandry.
(5) A person without a license or driver permit may operate a
motor vehicle to demonstrate driving ability during the course of
an examination administered under ORS 807.070 for the purpose of
qualifying for a license or driver permit. This subsection only
applies when an authorized examiner is in a seat beside the
driver of the motor vehicle.
(6) Driving privileges for snowmobiles are exclusively as
provided in ORS 821.150.
(7) Driving privileges for Class I all-terrain vehicles are
exclusively as provided in ORS 821.170.
(8) Driving privileges for Class III all-terrain vehicles are
exclusively as provided in ORS 821.172.
(9) A person without a license or driver permit may operate a
golf cart in accordance with an ordinance adopted under ORS
810.070.
(10) The spouse of a member of the Armed Forces of the United
States on active duty who is accompanying the member on
assignment in this state may operate a motor vehicle if the
spouse has a current out-of-state license or driver permit issued
to the spouse by another state in the spouse's possession.
(11) A person who is a member of the Armed Forces of the United
States on active duty may operate a motor vehicle if the person
has a current out-of-state license or driver permit in the
person's possession that is issued to the person by the person's
state of domicile or by the Armed Forces of the United States in
a foreign country. Driving privileges described under this
subsection that are granted by the Armed Forces apply only for a
period of 45 days from the time the person returns to the United
States.
(12) A person who does not hold a motorcycle
{ - indorsement - } { + endorsement + } may operate a
motorcycle if the person is:
(a) Within an enclosed cab; or
(b) Operating a vehicle designed to travel with three wheels in
contact with the ground at speeds of less than 15 miles per hour.
(13) A person may operate a bicycle that is not an electric
assisted bicycle without any grant of driving privileges.
(14) A person may operate an electric assisted bicycle without
a driver license or driver permit if the person is 16 years of
age or older.
(15) A person may operate a motor assisted scooter without a
driver license or driver permit if the person is 16 years of age
or older.
(16) A person who is not a resident of this state may operate a
motor vehicle without an Oregon license or driver permit if the
person is at least 15 years of age and has in the person's
possession a current out-of-state equivalent of a Class C
instruction driver permit issued to the person by the person's
home jurisdiction. A person operating a motor vehicle under
authority of this subsection has the same privileges and is
subject to the same restrictions as a person operating under the
authority of a Class C instruction driver permit issued as
provided in ORS 807.280.
{ + NOTE: + } Corrects nonstandard spelling in (12).
SECTION 469. ORS 807.031 is amended to read:
807.031. This section describes the type of driving privileges
granted by the various licenses issued by this state. Licenses
are established by class with the highest class being Class A
commercial. Each class of license grants driving privileges for
that class and for all lower classes. No license grants driving
privileges for which an { - indorsement - } { +
endorsement + } is required. The following licenses grant the
driving privileges described:
(1) A Class A commercial driver license authorizes a person to
operate any vehicle or combination of vehicles except that the
person may not operate any vehicle for which an
{ - indorsement - } { + endorsement + } is required unless the
person obtains the
{ - indorsement - } { + endorsement + }.
(2) A Class B commercial driver license authorizes a person to
operate any single vehicle and to tow a vehicle that is not in
excess of 10,000 pounds gross vehicle weight rating. The person
may not operate any vehicle for which an { - indorsement - }
{ + endorsement + } is required unless the person obtains the
{ - indorsement - } { + endorsement + }.
(3) A Class C commercial driver license authorizes a person to
operate:
(a) Any vehicle that is designed to transport 16 or more
persons, including the driver, if the gross vehicle weight rating
of the vehicle is less than 26,001 pounds and the person has a
passenger { - indorsement - } { + endorsement + };
(b) Any vehicle that is owned or leased by, or operated under
contract with, a mass transit district or a transportation
district when the vehicle is actually being used to transport
passengers for hire, regardless of the number of passengers, if
the gross vehicle weight rating of the vehicle is less than
26,001 pounds and the person has a passenger
{ - indorsement - } { + endorsement + };
(c) Any vehicle that is used in the transportation of hazardous
materials if the gross vehicle weight rating of the vehicle is
less than 26,001 pounds and the person has the proper
{ - indorsement - } { + endorsement + }; and
(d) Any vehicle that may be operated by the holder of a Class C
license.
(4) A Class C driver license authorizes a person to operate any
vehicle for which a commercial driver license is not required
except that the person may not operate any vehicle for which an
{ - indorsement - } { + endorsement + } is required unless
the person obtains the { - indorsement - } { +
endorsement + }.
(5) A restricted Class C license authorizes a person to operate
a moped or to operate under one of the permits described in ORS
807.200 as constituting a restricted Class C license. The person
may not operate any vehicle for which an { - indorsement - }
{ + endorsement + } is required or be granted any
{ - indorsements - } { + endorsements + } for the license.
{ + NOTE: + } Corrects nonstandard spelling.
SECTION 470. ORS 807.035 is amended to read:
807.035. This section describes the type of driving privileges
granted by various { - indorsements - } { + endorsements + }
issued by this state. The following { - indorsements - } { +
endorsements + } grant the driving privileges described:
(1) A motorcycle { - indorsement - } { + endorsement + }
authorizes a person to operate any motorcycle.
(2) A hazardous materials { - indorsement - } { +
endorsement + } authorizes a person to operate a vehicle
transporting hazardous materials.
(3) A tank vehicle { - indorsement - } { + endorsement + }
authorizes a person to operate tank vehicles.
(4) A passenger { - indorsement - } { + endorsement + }
authorizes a person to operate vehicles designed to transport 16
or more persons, including the driver.
(5) A trailer { - indorsement - } { + endorsement + }
authorizes a person to operate double and triple trailers.
(6) A combined { - indorsement - } { + endorsement + }
authorizes a person to operate a tank vehicle, transport
hazardous materials and transport hazardous materials in a tank
vehicle.
(7) A Class A farm { - indorsement - } { + endorsement + }
authorizes a person to:
(a) Operate or tow any vehicle that can be operated by the
holder of a Class A commercial driver license if the vehicle is:
(A) Controlled or operated by a farmer;
(B) Used to transport agricultural products, farm machinery or
farm supplies to or from a farm;
(C) Not used in the operation of a common or contract motor
carrier; and
(D) Used within 150 miles of the farmer's farm.
(b) Operate any vehicle described in paragraph (a) of this
subsection that is transporting hazardous materials if the
vehicle is placarded in accordance with law.
(8) A Class B farm { - indorsement - } { + endorsement + }
authorizes a person to:
(a) Operate or tow any vehicle that can be operated or towed by
the holder of a Class B commercial driver license if the vehicle
is:
(A) Controlled or operated by a farmer;
(B) Used to transport agricultural products, farm machinery or
farm supplies to or from a farm;
(C) Not used in the operation of a common or contract motor
carrier; and
(D) Used within 150 miles of the farmer's farm.
(b) Operate any vehicle described in paragraph (a) of this
subsection that is transporting hazardous materials if the
vehicle is placarded in accordance with law.
{ + NOTE: + } Corrects nonstandard spelling.
SECTION 471. ORS 807.036 is amended to read:
807.036. Notwithstanding any other provision of law, the
operator of a tow vehicle is not required to have an
{ - indorsement - } { + endorsement + } for towing a disabled
vehicle that can be operated only by a person with an
{ - indorsement - } { + endorsement + } if the towing
operation is the first move of the disabled vehicle and is
performed as an emergency service or if it is a subsequent move
of an empty vehicle that requires a passenger
{ - indorsement - } { + endorsement + } for operation.
{ + NOTE: + } Corrects nonstandard spelling.
SECTION 472. ORS 807.070 is amended to read:
807.070. The Department of Transportation shall administer an
examination to establish qualification for each class of license
and { - indorsement - } { + endorsement + }. The examination
for each class of license or { - indorsement - } { +
endorsement + } shall include all of the following as described:
(1) A test of the applicant's eyesight.
(2) A test of the applicant's knowledge and understanding of
the traffic laws of this state, safe driving practices and
factors that cause accidents. The following all apply to the test
under this subsection:
(a) The test shall not cover any subject that is not presented
in the publications of the department intended for the
instruction of applicants for licenses and driver permits.
(b) The test for each class of license and
{ - indorsement - } { + endorsement + } shall include, but is
not limited to, a test of knowledge and understanding of traffic
laws that relate specifically to the type of driving privileges
granted under the specific class of license or
{ - indorsement - } { + endorsement + } sought.
(c) The test under this subsection shall include, but is not
limited to, the following subjects:
(A) Rights of blind pedestrians.
(B) The meaning of official traffic signs and signals.
(C) Proper operating procedure in emergency situations.
(D) Vehicle safety equipment and its use.
(E) Practices necessary for safe operation of a vehicle around
pedestrians and bicyclists.
(d) The department may waive the test under circumstances
described in ORS 807.072.
(3) A test that is an actual demonstration of the applicant's
ability to operate a motor vehicle without endangering the safety
of persons or property. The following apply to this subsection:
(a) The actual demonstration for each class of license shall be
performed in a vehicle that may be operated under the class of
license sought, but that may not be operated under lower classes
of license.
(b) An actual demonstration for a passenger
{ - indorsement - } { + endorsement + } shall be performed in
a vehicle that is designed to transport 16 or more persons,
including the driver.
(c) The department may waive the demonstration under
circumstances described in ORS 807.072.
(4) Any other examination or test, including demonstrations,
that the department determines may be necessary to assist the
department in establishing whether the applicant is eligible for
a license under ORS 807.060 or whether the applicant is fit to
operate a motor vehicle safely on the highways of this state. In
any examination or test under this subsection, the department
shall only conduct an investigation for facts relating directly
to the ability of the applicant to operate a motor vehicle safely
or other facts that are specifically required to show the fitness
of the applicant for license.
{ + NOTE: + } Corrects nonstandard spelling in lead-in,
(2)(b) and (3)(b).
SECTION 473. ORS 807.072 is amended to read:
807.072. (1) The Department of Transportation, by rule, may
waive any examination, test or demonstration required under ORS
807.065 (1)(b) or 807.070 (2) or (3) if the department receives
satisfactory proof that the person required to take the
examination, test or demonstration has passed an examination,
test or demonstration approved by the department that:
(a) Is given in conjunction with a traffic safety education
course certified by the department under ORS 802.345;
(b) Is given in conjunction with a motorcycle rider education
course established under ORS 802.320; or
(c) Is given in conjunction with a course conducted by a
commercial driver training school certified by the department
under ORS 822.515.
(2) The department, by rule, may waive the actual demonstration
required under ORS 807.070 (3) for an applicant for a commercial
driver license or a Class C license if the applicant holds a
valid out-of-state license or applies for an Oregon license
within one year of the expiration of a valid out-of-state
license. A demonstration may be waived under this subsection only
if the person has applied for the same driving privileges as
those granted under the person's out-of-state license or for
privileges granted by a lower class of license.
(3) The department may waive the actual demonstration required
under ORS 807.070 for any applicant for a commercial driver
license who submits to the department a certificate of
competency, issued under ORS 807.080 for the class of license
sought or under other circumstances, established by the
department by rule, if the applicant establishes the applicant's
ability to drive without an actual demonstration.
(4) The department may issue a Class A farm
{ - indorsement - } { + endorsement + } without requiring
additional tests to a person who has a Class C driver license if
a farm employer or a self-employed farmer certifies to the
department that the person is experienced in driving a vehicle
that may be driven only by persons who have a Class A commercial
driver license and the person's two-part driving record does not
show either a traffic accident within two years of the date of
application for the { - indorsement - } { + endorsement + }
or a conviction for one of the following traffic crimes within
five years of the date of application for the
{ - indorsement - } { + endorsement + }:
(a) Reckless driving, as defined in ORS 811.140.
(b) Driving while under the influence of intoxicants, as
defined in ORS 813.010.
(c) Failure to perform the duties of a driver involved in an
accident or collision, as described in ORS 811.700 or 811.705.
(d) Criminal driving while suspended or revoked, as defined in
ORS 811.182.
(e) Fleeing or attempting to elude a police officer, as defined
in ORS 811.540.
(5) The department may issue a Class B farm
{ - indorsement - } { + endorsement + } without requiring
additional tests to a person who has a Class C driver license if
a farm employer or a self-employed farmer certifies to the
department that the person is experienced in driving a vehicle
that may be driven only by persons who have a Class B commercial
driver license and the person's two-part driving record does not
show either a conviction for a traffic crime specified in
subsection (4) of this section within five years of the date of
application for the { - indorsement - } { + endorsement + }
or a traffic accident within two years of the date of application
for the { - indorsement - } { + endorsement + }.
(6) The department by rule may establish other circumstances
under which a farm { - indorsement - } { + endorsement + }
may be issued without an actual demonstration. The authority
granted by this subsection includes, but is not limited to,
authority to adopt rules specifying circumstances under which the
{ - indorsement - } { + endorsement + } may be granted to a
person despite the appearance of traffic accidents on the
person's record.
{ + NOTE: + } Corrects nonstandard spelling in (4), (5) and
(6).
SECTION 474. ORS 807.110 is amended to read:
807.110. A license issued by the Department of Transportation
shall comply with all of the following:
(1) A license shall bear the distinguishing number assigned to
the person issued the license by the department.
(2) A license shall contain, for the purpose of identification,
a brief description of the person to whom the license is issued.
(3) A license shall contain the name, date of birth and, except
as provided for officers or eligible employees in ORS 802.250,
residence address of the person to whom the license is issued and
a space for the person's signature.
(4) Upon request of the person to whom the license is issued, a
license shall indicate on the license the fact that the person is
an anatomical donor.
(5) Upon order of the juvenile court, a license shall indicate
on the license the fact that the person to whom the license is
issued is an emancipated minor.
(6) Except as otherwise provided in this subsection, a license
shall bear a photograph described in this subsection. The
Director of Transportation, by rule, may provide for issuance of
a valid license without a photograph if the applicant shows good
cause. The director shall include religious preferences as good
cause for issuance of a license without a photograph but shall
not limit good cause to religious grounds. A photograph required
under this subsection shall:
(a) Be a full-faced, color photograph of the person to whom the
license is issued;
(b) Be of a size approved by the department; and
(c) Be taken at the time of application for issuance of the
license whether the application is for an original license,
replacement of a license under ORS 807.160 or for renewal of a
license under ORS 807.150.
(7) A license is not valid until signed by the person to whom
it is issued.
(8) A license shall indicate the class of license issued and
any { - indorsements - } { + endorsements + } granted. If the
license is a commercial driver license, the words 'commercial
driver license ' or the letters 'CDL' shall appear on the
license.
(9) The department shall use such security procedures,
processes and materials in the preparation, manufacture and
issuance of any license that prohibit as nearly as possible
anyone's ability to alter, counterfeit, duplicate or modify the
license without ready detection. The security features used in
the production of the licenses shall provide for the rapid
authentication of a genuine document.
{ + NOTE: + } Corrects nonstandard spelling in (8).
SECTION 475. ORS 807.122 is amended to read:
807.122. (1) The Department of Transportation shall place the
following restrictions on a provisional driver license issued
under ORS 807.065:
(a) Except as provided in { - subsection - } { +
subsections + } (2) { + and (3) + } of this section, for the
first six months after issuance of the license, the holder of the
license may not operate a motor vehicle that is carrying a
passenger under 20 years of age who is not a member of the
holder's immediate family. For the second six months, the holder
of the license may not operate a motor vehicle that is carrying
more than three passengers who are under 20 years of age and who
are not members of the holder's immediate family.
(b) For the first year after issuance of the license, the
holder of the license may not operate a motor vehicle between the
hours of 12 midnight and 5 a.m. except when:
(A) The holder is driving between the holder's home and place
of employment;
(B) The holder is driving between the holder's home and a
school event for which no other transportation is available;
(C) The holder is driving for employment purposes; or
(D) The holder is accompanied by a licensed driver who is at
least 25 years of age.
(2) Subsection (1)(a) of this section does not apply to the
holder of a provisional driver license who:
(a) Is employed by a farmer, rancher or orchardist;
(b) Is operating, solely for employment purposes, a motor
vehicle that is owned by the employer and for which financial
responsibility requirements of ORS 806.060 have been met;
(c) Is transporting passengers who are employed by the same
employer as the driver and who are being transported solely for
employment purposes;
(d) Is not transporting more passengers than the number of
available seat belts; and
(e) Has in the vehicle a written statement signed by the
employer certifying that the driver is employed by the employer
and that there is no other option for transporting the employees.
(3) Subsection (1)(a) of this section does not apply to
{ - a - } { + the + } holder of a { + provisional driver + }
license who is 16 or 17 years of age and who is operating a motor
vehicle with an instructor in the vehicle as part of a certified
traffic safety education course.
{ + NOTE: + } Corrects internal reference to exceptions in
(1)(a); adjusts language in (3) for consistency.
SECTION 476. ORS 807.140 is amended to read:
807.140. (1) Before the expiration of any license or a license
with an { - indorsement - } { + endorsement + } under the
vehicle code, the Department of Transportation shall notify the
person to whom the license was issued of the approaching
expiration. Within a reasonable time prior to the expiration
date, the notice shall be mailed to the person to whom the
license was issued at the address shown in the files maintained
by the department.
(2) The department is not required to notify the person of an
approaching expiration if the person's license has been
suspended, canceled or revoked or if the person has failed to
notify the department of a change of address as required under
ORS 807.560.
(3) Failure to receive a notice of expiration from the
department is not a defense to a charge of driving with an
expired license. However, the court may dismiss the charge if the
person renews the license before the scheduled court appearance.
(4) The department responsibility to maintain records
concerning notice under this section is as provided under ORS
802.210.
{ + NOTE: + } Corrects nonstandard spelling in (1).
SECTION 477. ORS 807.170 is amended to read:
807.170. (1) The Department of Transportation shall provide for
the granting of driver license { - indorsements - } { +
endorsements + } in a manner consistent with this section.
(2) The department shall grant an { - indorsement - } { +
endorsement + } to any person who complies with all of the
following requirements:
(a) The person must hold a valid license other than a
restricted Class C license issued under the vehicle code.
(b) The person must successfully complete any tests and
demonstrations referred to in ORS 807.070 that the department
determines necessary to determine whether the applicant is
qualified for the type of { - indorsement - } { +
endorsement + } sought. The actual demonstration required under
ORS 807.070, if any, must be performed in a vehicle that may be
operated under the
{ - indorsement - } { + endorsement + } sought but that may
not be operated without the { - indorsement - } { +
endorsement + }. Tests shall include, but are not limited to,
those tests necessary to determine whether the applicant:
(A) Has satisfactory knowledge of laws relating to operation
under the type of { - indorsement - } { + endorsement + }
sought, defensive driving skills, the common causes of accidents
involving vehicles operated under the type of
{ - indorsement - } { + endorsement + } sought; and
(B) Can operate under the { - indorsement - } { +
endorsement + } in a manner that will not jeopardize the safety
of persons or property.
(c) The appropriate fee under ORS 807.370 for the
{ - indorsement - } { + endorsement + }, including the fee
for the Motorcycle Safety Subaccount, must be paid.
(d) If the person is under 21 years of age and an applicant for
a motorcycle { - indorsement - } { + endorsement + }, the
person must comply with ORS 807.175.
(3) An { - indorsement - } { + endorsement + } granted
under this section is subject to the following:
(a) It is part of the license upon which it is
{ - indorsed - } { + endorsed + } and is subject to any
provisions applicable to the
{ - indorsed - } { + endorsed + } license under the statutes
of this state.
(b) It is valid only if the license { - indorsed - } { +
endorsed + } is valid.
(c) The appropriate fee under ORS 807.370 must be paid upon
renewal of the { - indorsement - } { + endorsement + } in
addition to any fee for renewal of the license { - indorsed - }
{ + endorsed + }.
(d) Except as provided under ORS 807.350 or as specifically
provided under ORS 809.410 an { - indorsement - } { +
endorsement + } cannot be canceled, suspended or revoked
separately from the license
{ - indorsed - } { + endorsed + }. When an { - indorsed - }
{ + endorsed + } license is canceled, suspended or revoked, all
{ - indorsements - } { + endorsements + } on the license are
subject to the same cancellation, suspension or revocation as the
license.
(4) Before the department may renew any license with a
motorcycle { - indorsement - } { + endorsement + }, the
applicant shall pay the department the Motorcycle Safety
Subaccount fee established under ORS 807.370 in addition to any
fee for renewal of the license.
{ + NOTE: + } Corrects nonstandard spelling.
SECTION 478. ORS 807.175 is amended to read:
807.175. The Department of Transportation may not issue a
motorcycle { - indorsement - } { + endorsement + } to any
person who is under 21 years of age unless the person shows to
the satisfaction of the department that the person has
successfully completed a motorcycle rider education course
established by the department under ORS 802.320. This requirement
is in addition to any other requirement for the
{ - indorsement - } { + endorsement + }.
{ + NOTE: + } Corrects nonstandard spelling.
SECTION 479. ORS 807.220 is amended to read:
807.220. (1) The Department of Transportation shall provide for
the issuance of emergency driver permits in a manner consistent
with this section.
(2) Except as otherwise provided in this section an emergency
driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a Class C license.
(3) The following apply to an emergency driver permit:
(a) The department may issue an emergency driver permit to a
person 14 years of age or older.
(b) The department shall place restrictions on the permit that
designate the routes over which the permit is valid. The
department shall designate routes it determines necessary from
the facts creating the emergency.
(c) The permit shall only be issued if the department is
satisfied that an emergency exists that requires operation of a
motor vehicle by the applicant.
(d) The department may establish a form for the permit that
differs from the form required for a license.
(e) The only fee required for issuance of the permit is the
emergency driver permit fee under ORS 807.370.
(f) The department may establish a period for the expiration of
the permit that coincides with the end of the emergency that is
the basis for the permit.
(g) The fee for issuance of a duplicate or replacement permit
because of loss, destruction or mutilation of the permit is the
permit replacement fee under ORS 807.370.
(h) The department shall cancel the permit if the department
determines that the holder of the permit has operated a motor
vehicle over any highway or for any purpose other than one
approved under the permit.
(i) If an emergency driver permit is canceled, the person
issued the permit is ineligible to be issued another emergency
driver permit for a period of one year.
(j) In addition to any other application requirements for the
emergency driver permit, the applicant must obtain the
{ - indorsement - } { + endorsement + } on the application of
the sheriff of the county in which the applicant resides.
(4) The department may issue an emergency driver permit, if the
person qualifies for the permit, to a person whose driving
privileges are suspended under ORS 809.280 because the department
has received an order of denial of driving privileges under ORS
809.260. For purposes of this subsection an emergency situation
that leaves the applicant with no alternative means to travel to
and from school is an emergency for purposes of this section in
addition to other emergency situations.
{ + NOTE: + } Corrects nonstandard spelling in (3)(j).
SECTION 480. ORS 807.230 is amended to read:
807.230. The Department of Transportation shall provide for
issuance of special student driver permits in a manner consistent
with this section. A special student driver permit grants the
driving privileges provided in this section or under the permit.
Except as otherwise provided in this section, a special student
driver permit is subject to the fees, provisions, conditions,
prohibitions and penalties applicable to a Class C license. The
following apply to a special student driver permit:
(1) The department may issue a special student driver permit to
a person 14 years of age or older.
(2) The department shall place restrictions on the permit to
limit operation of a vehicle under the permit to operation
necessary as a means of transportation to or from the school,
college or other educational institution attended by the person
to whom the driver permit is issued.
(3) The permit shall only be issued if the applicant has no
other available means of transportation by which to continue the
applicant's education.
(4) The permit shall only be issued if the department is
satisfied that the applicant has had sufficient experience in the
operation of motor vehicles to operate a motor vehicle without
endangering the safety of the public.
(5) The department may establish a form for the permit that
differs from the form required for a license that is issued.
(6) The only fee required for issuance of the permit is the
special student driver permit fee under ORS 807.370.
(7) The fee for issuance of a duplicate or replacement permit
because of loss, destruction or mutilation of the permit is the
permit replacement fee under ORS 807.370.
(8) The department shall cancel the permit if the department
determines that the holder of the permit has operated a motor
vehicle over any highway or for any purpose other than as
approved under the permit.
(9) If a special student driver permit is canceled, the person
issued the permit is ineligible to be issued any license or
driver permit until the person is old enough to be eligible for a
license.
(10) In addition to any other application requirements for the
special student driver permit, the applicant must:
(a) Certify that the applicant has no other available means of
transportation that would enable the applicant to continue the
applicant's education;
(b) Specify the road or highway over which the applicant
desires to operate motor vehicles;
(c) Obtain the { - indorsement - } { + endorsement + } of
the sheriff of the county in which the applicant resides and of
the principal of the school the applicant attends; and
(d) Provide any other information required by the department.
{ + NOTE: + } Corrects nonstandard spelling in (10)(c).
SECTION 481. ORS 807.252 is amended to read:
807.252. (1) The Department of Transportation may not issue a
hardship permit to a person whose driving privileges are
suspended for conviction of assault in the second, third or
fourth degree if the person, within 10 years preceding
application for the permit, has been convicted of { + : + }
{ + (a) + } Any degree of murder, manslaughter, criminally
negligent homicide or assault resulting from the operation of a
motor vehicle { - or of: - } { + ; + }
{ - (a) - } { + (b) + } Reckless driving, as defined in ORS
811.140 { - . - } { + ; + }
{ - (b) - } { + (c) + } Driving while under the influence
of intoxicants, as defined in ORS 813.010 { - . - } { + ; + }
{ - (c) - } { + (d) + } Failure to perform the duties of a
driver involved in an accident or collision, as described in ORS
811.700 or 811.705 { - . - } { + ; + }
{ - (d) - } { + (e) + } Criminal driving while suspended or
revoked, as defined in ORS 811.182 { - . - } { + ; or + }
{ - (e) - } { + (f) + } Fleeing or attempting to elude a
police officer, as defined in ORS 811.540.
(2) A conviction arising out of the same episode as the current
suspension is not considered a conviction for purposes of
subsection (1) of this section.
(3) The department may not issue a hardship permit to a person
whose driving privileges are suspended for a conviction of
assault in the second, third or fourth degree:
(a) For a period of four years from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the second degree and
the person was not incarcerated for that conviction.
(b) For a period of four years from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
second degree and the person was incarcerated for that
conviction.
(c) For a period of two years from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the third degree and
the person was not incarcerated for that conviction.
(d) For a period of two years from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
third degree and the person was incarcerated for that conviction.
(e) For a period of six months from the date the department
suspends driving privileges if the person's driving privileges
are suspended for conviction of assault in the fourth degree and
the person is not incarcerated for that conviction.
(f) For a period of six months from the date the person is
released from incarceration for the conviction if the person's
driving privileges are suspended for conviction of assault in the
fourth degree and the person was incarcerated for that
conviction.
(4) A hardship permit issued to a person whose driving
privileges are suspended because of a conviction for assault in
the second, third or fourth degree shall limit the person's
driving privileges:
(a) To the times, places, routes and days the department
determines to be minimally necessary for the person to retain
employment, to attend any alcohol treatment or rehabilitation
program or to obtain required medical treatment for the person or
a member of the person's immediate family; and
(b) To times, places, routes and days that are specifically
stated.
(5) The person's driving privileges under the permit are
subject to suspension or revocation if the person does not
maintain a good driving record, as defined by the administrative
rules of the department, during the term of the permit.
(6) The department may require the person to complete a driver
improvement program under ORS 809.480 as a condition of the
permit.
(7) The department shall condition the permit so that the
permit will be revoked if the person is convicted of any of the
following:
(a) Reckless driving under ORS 811.140.
(b) Driving { + while + } under the influence of intoxicants
under ORS 813.010.
(c) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(d) Fleeing or attempting to elude a police officer under ORS
811.540.
(e) Driving while suspended or revoked under ORS 811.175 or
811.182.
(f) Any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle.
{ + NOTE: + } Conforms structure to legislative style in (1);
corrects name of offense in (7)(b).
SECTION 482. ORS 807.280 is amended to read:
807.280. The Department of Transportation shall provide for the
issuance of instruction driver permits in a manner consistent
with this section. A person who is issued an instruction driver
permit may exercise the same driving privileges as those under
the class of license or { - indorsement - } { +
endorsement + } for which the permit is issued except as provided
in this section or under the permit. Except as otherwise
provided in this section, an instruction driver permit is subject
to the fees, provisions, conditions, prohibitions and penalties
applicable to a license or
{ - indorsement - } { + endorsement + } granting the same
driving privileges. The following apply to an instruction driver
permit:
(1) An instruction driver permit is subject to the same
classifications and { - indorsements - } { + endorsements + }
as a license. The department may issue an instruction driver
permit to grant the same driving privileges as a Class A
commercial, Class B commercial, Class C commercial or Class C
driver license or as a motorcycle { - indorsement - } { +
endorsement + }, but the permit will also be subject to the
provisions of this section.
(2) The department may issue an instruction driver permit to a
person who is qualified to obtain the same driving privileges
under the corresponding class of license or type of
{ - indorsement - } { + endorsement + }except for the person's
age or lack of experience in the operation of motor vehicles
subject to the following:
(a) An applicant must be 15 years of age or older to receive
the same driving privileges as are granted under a Class C
license.
(b) An applicant must be 16 years of age or older and have a
commercial driver license or a Class C license to receive the
same driving privileges as are granted under a motorcycle
{ - indorsement - } { + endorsement + }.
(c) An applicant must be 18 years of age or older to receive
the same driving privileges as are granted under any class of
license not otherwise provided for under this subsection.
(3) The only fee required for issuance of an instruction driver
permit is the instruction driver permit issuance fee under ORS
807.370.
(4) A Class C instruction driver permit shall be valid for 24
months from the date of issuance. All other instruction driver
permits issued under this section shall be valid for one year
from the date of issuance. A permit issued under this section may
not be renewed.
(5) The holder of the permit may not operate a motor vehicle
unless the holder has the permit in the holder's immediate
possession and is accompanied by a person with a class of license
granting the same driving privileges or a license with an
{ - indorsement - } { + endorsement + } granting the same
driving privileges who is not less than 21 years of age. The
accompanying person must be occupying a seat beside the holder of
the permit unless the permit is for motorcycle driving
privileges. For a permit granting motorcycle driving privileges,
the holder of the permit must be in the company and under the
supervision and visual observation of the accompanying person and
the accompanying person must be operating a separate motorcycle.
If the permit authorizes its holder to operate a commercial motor
vehicle, the accompanying person must have a commercial driver
license and the proper
{ - indorsements - } { + endorsements + } for the vehicle
being operated by the holder of the permit.
(6) The holder of a permit granting motorcycle driving
privileges is subject to the following in addition to any other
requirements under this section:
(a) The holder may only operate a motorcycle during daylight
hours.
(b) The holder may not carry any passengers on the motorcycle.
(c) The holder of the permit must wear an approved helmet while
operating a motorcycle.
(7) The fee for issuance of a duplicate or replacement permit
because of loss, destruction or mutilation of the permit is the
permit replacement fee under ORS 807.370.
{ + NOTE: + } Corrects nonstandard spelling in lead-in, (1),
(2) and (5).
SECTION 483. ORS 807.340 is amended to read:
807.340. (1) The Department of Transportation may require any
person to whom a license, driver permit or { - indorsement - }
{ + endorsement + } is issued to appear before the department
and reestablish the person's eligibility by taking either an
examination under ORS 807.070 or following the procedures in ORS
807.090, as appropriate. The department may act under this
section if the department has reason to believe that the person
may:
(a) No longer be qualified to hold a license, driver permit or
{ - indorsement - } { + endorsement + }; or
(b) No longer be able to safely operate a motor vehicle.
(2) If a person does not appear before the department within a
reasonable time after receiving notice from the department under
this section or is unable to reestablish eligibility to the
satisfaction of the department under this section, the department
may take action to suspend the person's driving privileges under
ORS 809.410.
{ + NOTE: + } Corrects nonstandard spelling in (1).
SECTION 484. ORS 807.350 is amended to read:
807.350. (1) The Department of Transportation, at any time, may
cancel the driving privileges or part of the driving privileges
granted any person under any class of license or under any
{ - indorsement - } { + endorsement + } or any driver permit
if the department determines that the person no longer meets the
qualifications or requirements for the license,
{ - indorsement - } { + endorsement + } or permit.
(2) Upon cancellation under this section, a person whose
privileges are canceled shall surrender to the department any
license or driver permit issued for the driving privileges.
Failure to comply with this subsection is subject to penalty as
provided under ORS 809.500.
(3) If the department cancels driving privileges under this
section, the department may provide for the issuance of a
license, driver permit or license with { - indorsement - }
{ + endorsement + } or limitations granting driving privileges
for which the person does qualify or meet the requirements. The
department may provide for the waiver of all or part of the fees
relating to the issuance of a license or driver permit when the
department issues a driver permit or license under this
subsection, as the department determines equitable.
(4) A person whose driving privileges are canceled under this
section may only regain the canceled driving privileges by
reapplying for the privileges and establishing eligibility and
qualification for the driving privileges as provided by law.
{ + NOTE: + } Corrects nonstandard spelling in (1) and (3).
SECTION 485. ORS 807.370 is amended to read:
807.370. The following are the fees relating to the issuance
and renewal of licenses, driver permits and
{ - indorsements - } { + endorsements + }:
(1) Disability golf cart driver permit fees under ORS 807.210,
as follows:
(a) For issuance, $38.50.
(b) For renewal fee under ORS 807.210, $26.50.
(2) Emergency driver permit fee under ORS 807.220, $11.
(3) Instruction driver permit issuance fee under ORS 807.280,
$13.
(4) License issuance fee for a Class C license, $48.50.
(5) License issuance fee for a restricted Class C license,
$48.50.
(6) License issuance fee for a commercial driver license,
whether or not the license contains { - indorsements - } { +
endorsements + }, $50.
(7) Test fees for a commercial driver license or permit:
(a) To take the knowledge test for a Class A commercial license
or permit, $3.
(b) To take the skills test for a Class A commercial license,
$56.
(c) To take the knowledge test for a Class B commercial license
or permit, $3.
(d) To take the skills test for a Class B commercial license,
$56.
(e) To take the knowledge test for a Class C commercial license
or permit, $3.
(f) To take the skills test for a Class C commercial license,
$56.
(8) Notwithstanding subsection (6) of this section, for
issuance of a commercial driver license of any class when the
Department of Transportation accepts a certificate of competency
issued under ORS 807.080, $33 in addition to the fee under
subsection (6) of this section.
(9) For a farm { - indorsement - } { + endorsement + },
$26.
(10) Test fees for the knowledge test for
{ - indorsements - } { + endorsements + } other than
motorcycle and farm { - indorsements - } { +
endorsements + }:
(a) For a hazardous materials { - indorsement - } { +
endorsement + }, $3.
(b) For a tank vehicle { - indorsement - } { +
endorsement + }, $3.
(c) For a passenger { - indorsement - } { +
endorsement + }, $3.
(d) For a trailer { - indorsement - } { + endorsement + },
$3.
(11) Fee to take an airbrake knowledge test, $3.
(12) Fee to take an airbrake skills test to remove an airbrake
restriction, $56.
(13) License renewal fee for a commercial driver license,
$36.50.
(14) License renewal fee for a Class C license, $28.50.
(15) License replacement fee under ORS 807.160, $21.
(16) Original { - indorsement - } { + endorsement + }
issuance fee under ORS 807.170 for a motorcycle
{ - indorsement - } { + endorsement + }, $46, in addition to
any fees for the { - indorsed - } { + endorsed + } license.
(17) Permit replacement fee under ORS 807.220, 807.230, 807.280
and 807.290, $21.
(18) Special student driver permit fee under ORS 807.230, $11.
(19) Student Driver Training Fund eligibility fee under ORS
807.040 and 807.150, $6.
(20) Motorcycle Safety Subaccount fee as follows:
(a) Upon original issuance of motorcycle { - indorsements - }
{ + endorsements + } under ORS 807.170, $28.
(b) Upon renewal of a license with a motorcycle
{ - indorsement - } { + endorsement + } under ORS 807.170,
$28.
(21) Probationary driver permit application fee under ORS
807.270, $50.
(22) Hardship driver permit application fee under ORS 807.240,
$50.
(23) Fee for reinstatement of revoked driving privileges under
ORS 809.390, $75.
(24) Fee for reinstatement of suspended driving privileges
under ORS 809.380, $75.
(25) Fee for reinstatement of right to apply for driving
privileges after a delay under ORS 809.280 (10) (1997 Edition),
the same as the fee for reinstatement of suspended driving
privileges.
{ + NOTE: + } Corrects nonstandard spelling in lead-in, (6),
(9), (10), (16) and (20).
SECTION 486. ORS 807.610 is amended to read:
807.610. (1) A person commits the offense of employing or
providing a vehicle to an unqualified driver if the person does
any of the following:
(a) Employs another person for the purpose of engaging in a
particular type of operation of a vehicle for which the person
does not have an appropriate grant of driving privileges from
this state in the form of a license, driver permit,
{ - indorsement - } { + endorsement + } or statutory grant of
driving privileges allowing the person to engage in the
particular type of operation.
(b) Rents, leases or otherwise furnishes a motor vehicle owned
or controlled by the person to any other person without first
seeing the other person's license, driver permit or license with
{ - indorsement - } { + endorsement + } allowing the person,
under the vehicle code, to operate the particular type of vehicle
being furnished.
(2) The offense described in this section, employing or
providing a vehicle to an unqualified driver, is a Class D
traffic violation.
{ + NOTE: + } Corrects nonstandard spelling in (1).
SECTION 487. ORS 809.360 is amended to read:
809.360. (1) For purposes of determining whether grounds exist
for revoking or suspending driving privileges, an unvacated
forfeiture of bail in another state equals a conviction.
(2) A suspension or revocation of driving privileges ordered by
a court shall run concurrently with any mandatory suspension or
revocation ordered by the Department of Transportation and
arising out of the same conviction.
(3) Judicial review of orders denying, suspending or revoking a
license, except where such suspension or revocation is mandatory,
shall be as provided in ORS 183.310 to 183.550.
(4) Whenever the department or a court has reason under any
laws of this state to suspend or revoke the driving privileges of
any person who does not hold current driving privileges to
operate motor vehicles or whose driving privileges are due to
expire during a suspension period, the department or court shall
suspend or revoke the right of such person to apply for driving
privileges to operate motor vehicles in this state. A suspension
or revocation of a right to apply for driving privileges under
this subsection shall be for the period provided by law.
(5) Whenever the department or a court has reason under any
laws of this state to suspend the commercial driver license of
any person who does not hold a current commercial driver license
or whose commercial driver license is due to expire during a
suspension period, the department or court shall suspend the
right of such person to apply for a commercial driver license in
this state. A suspension of a right to apply for a commercial
driver license under this subsection shall be for the period
provided by law.
(6) Notwithstanding any other provision of law, a person who
holds a farm { - indorsement - } { + endorsement + }
described in ORS 807.035 while operating within the limitations
of the { - indorsement - } { + endorsement + } is not subject
to suspension of a commercial driver license or of the right to
apply for a commercial driver license for any offense that would
subject the driver of a commercial motor vehicle to such
sanction. Nothing in this subsection prohibits suspension of the
person's Class C driver license or the right to apply for such a
license.
{ + NOTE: + } Corrects nonstandard spelling in (6).
SECTION 488. ORS 809.410 is amended to read:
809.410. This section and ORS 809.407, 813.400 and 813.403
establish grounds for the suspension and revocation of driving
privileges and commercial driver licenses by the Department of
Transportation, whether the suspension or revocation is mandatory
or permissive, the length of time the suspensions will be
effective and special provisions relating to certain suspensions
and revocations. Hearing and administrative review procedures for
this section and ORS 809.407, 813.400 and 813.403 are established
under ORS 809.440. The following apply as described:
(1) Any degree of murder, manslaughter or criminally negligent
homicide resulting from the operation of a motor vehicle and
assault in the first degree resulting from the operation of a
motor vehicle constitute grounds for revocation of driving
privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) A person whose driving privileges or right to apply for
driving privileges are revoked under this subsection may apply
for reinstatement of driving privileges eight years from the date
the person is released from incarceration for the offense, if the
sentence for the offense includes incarceration. If the sentence
does not include incarceration, the person may apply for
reinstatement eight years from the date the department revoked
the privileges or right to apply for privileges under this
subsection. The department shall not reinstate any driving
privileges to the person until the person complies with future
responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(d) The provisions of this subsection do not apply to a person
whose driving privileges are ordered revoked under ORS 809.235.
(2) Any degree of recklessly endangering another person,
menacing or criminal mischief resulting from the operation of a
motor vehicle constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) A person is entitled to administrative review of a
suspension under this subsection.
(c) A suspension under this subsection shall be for a period
described under Schedule I of ORS 809.420, except that the
department shall not reinstate any driving privileges to the
person until the person has complied with future responsibility
filings.
(3) Perjury or the making of a false affidavit to the
department under any law of this state requiring the registration
of vehicles or regulating their operation on the highways
constitutes grounds for revocation of driving privileges. The
following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(4) Any felony conviction with proof of a material element
involving the operation of a motor vehicle constitutes grounds
for revocation of driving privileges. The following apply to this
subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(5) Failure to perform the duties of a driver to injured
persons under ORS 811.705 constitutes grounds for revocation of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) Except as provided in paragraph (c) of this subsection, the
revocation shall be for a period of one year from the date of
revocation except that the department shall not reinstate any
driving privileges to the person until the person complies with
future responsibility filings.
(c) If the court indicates on the record of conviction that a
person was killed as a result of the accident, the revocation
shall be for a period of five years. The person may apply for
reinstatement of privileges five years after the date the person
was released from incarceration. If the sentence does not include
incarceration, the person may apply for reinstatement five years
from the date the revocation was imposed under this subsection.
(d) A person is entitled to administrative review of a
revocation under this subsection.
(6) Reckless driving constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except that the department shall
not reinstate any driving privileges to the person until the
person complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(7) Failure to perform duties of a driver when property is
damaged under ORS 811.700 constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction of an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(8) Fleeing or attempting to elude a police officer under ORS
811.540 constitutes grounds for suspension of driving privileges.
The following apply to this subsection:
(a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges.
(b) The suspension shall be for a period described under
Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(9) Failure to file accident reports required under ORS 811.725
or 811.730 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if the person fails to make
the required accident reports.
(b) The suspension shall continue until the person makes the
required reports or for five years from the date of suspension,
whichever is sooner.
(10) Failure to make future responsibility filing described in
this subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person who fails to
comply with future responsibility filings whenever required under
the vehicle code or to provide new proof for future
responsibility filings when requested by the department.
(b) The suspension shall continue until the person complies
with future responsibility filings.
(c) A person whose initial obligation to make future
responsibility filings is not based upon a conviction or other
action by a court is entitled to a contested case hearing prior
to a suspension under this subsection. A person whose obligation
to make future responsibility filings is based upon a conviction
or other action by a court is entitled to administrative review
of a suspension under this subsection. A person whose suspension
under this subsection is based on lapses in filing after the
initial filing has been made is entitled to administrative
review.
(11) Failure to settle judgments as described in this
subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person has a judgment
of the type described under ORS 806.040 rendered against the
person and the person does not settle the judgment in the manner
described under ORS 809.470 within 60 days after its entry.
(b) A suspension under this subsection shall continue until the
person does one of the following:
(A) Settles the judgment in the manner described in ORS
809.470.
(B) Has an insurer which has been found by the department to be
obligated to pay the judgment provided that there has been no
final adjudication by a court that such insurer has no such
obligation.
(C) Gives evidence to the department that a period of seven
years has elapsed since the entry of the judgment.
(D) Receives from the court that rendered the judgment an order
permitting the payment thereof in installments.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(12) False certification of financial responsibility
requirements constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person falsely
certifies the existence of a motor vehicle liability insurance
policy or the existence of some other means of satisfying
financial responsibility requirements or if a person, after
certifying the existence of a motor vehicle liability insurance
policy or other means of satisfying the requirements, allows the
policy to lapse or be canceled or otherwise fails to remain in
compliance with financial responsibility requirements.
(b) The department shall only suspend under this subsection if
proof of compliance with financial responsibility requirements as
of the date of the letter of verification from the department
under ORS 806.150 is not submitted within 30 days after the date
of the mailing of the department's demand therefor under ORS
806.160.
(c) The suspension shall continue until the person complies
with future responsibility filings.
(13) Failure to take examination upon request of the department
under ORS 807.340 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person if the
department requests the person to submit to examination under ORS
807.340 and the person fails to appear within a reasonable length
of time after being notified to do so or fails to satisfactorily
complete the required examination.
(b) The suspension shall continue until the examination
required by the department is successfully completed.
(c) Upon suspension under this subsection, the department may
issue an identification card to the person for identification
purposes as described under ORS 807.400.
(14) Failure to obtain required medical clearance under ORS
807.070 or 807.090 upon request by the department constitutes
grounds for suspension of driving privileges. The following apply
to this subsection:
(a) The department shall suspend the driving privileges of the
person if the department requests the person to obtain medical
clearance described by this subsection and the person fails to do
so.
(b) The suspension under this subsection shall continue until
the required medical clearance is received by the department.
(15) Causing or contributing to an accident resulting in death
or injury to any other person or serious property damage through
incompetence, recklessness, criminal negligence or unlawful
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to this subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(16) Incompetence to drive a motor vehicle because of a mental
or physical condition rendering it unsafe for a person to drive a
motor vehicle upon the highways constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. A suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440 except that a person who has submitted
a certificate of eligibility under ORS 807.090 is entitled only
to administrative review of a suspension.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(17) Habitual incompetence, recklessness or criminal negligence
of a driver of a motor vehicle or committing a serious violation
of the motor vehicle laws of this state constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(18) A conviction under ORS 811.700 or 811.705 for failure to
perform the duties of a driver while operating a commercial motor
vehicle or any conviction of a crime punishable as a felony
involving the operation of a commercial motor vehicle constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
(b) The suspension shall be for a period of time according to
the following:
(A) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was not driving a commercial motor
vehicle containing a hazardous material at the time the offense
was committed, the suspension shall be for a period of one year.
(B) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was driving a commercial motor vehicle
containing a hazardous material at the time the offense was
committed, the suspension shall be for a period of three years.
(C) If the person's commercial driver license has previously
been suspended under this subsection, ORS 813.403 or 813.410 (2),
the suspension shall be for the lifetime of the person.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(19) Use of a commercial motor vehicle in the commission of a
crime punishable as a felony involving the manufacturing,
distributing or dispensing of a controlled substance constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
(b) The suspension shall be for the lifetime of the person.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(d) 'Controlled substance' has the meaning given that term in
ORS 475.005 (6).
(20) Incompetence to operate a motorcycle constitutes grounds
for revocation of a motorcycle { - indorsement - } { +
endorsement + }. The following apply to this subsection:
(a) Whenever the department has reason to believe an individual
with a motorcycle { - indorsement - } { + endorsement + }
under ORS 807.170 comes within the grounds described in this
subsection, the department may revoke the { - indorsement - }
{ + endorsement + }.
(b) Upon revocation under this subsection, the license shall be
surrendered to the department.
(c) Upon surrender of the { - indorsed - } { + endorsed + }
license, the department may issue a license without
{ - indorsement - } { + endorsement + } for the unexpired
period of the license.
(21) The department forthwith shall suspend the driving
privileges of any person for a period of time required by this
subsection if the person is involved in a motor vehicle accident
at any time when the department determines the person has been
operating a vehicle in violation of ORS 806.010. A suspension
under this subsection shall be for a period of one year except
that the department shall not reinstate any driving privileges to
the person until the person complies with future responsibility
filing requirements.
(22) Upon notification by the superintendent of a hospital
under ORS 807.700 that a person should not drive, the department
shall immediately suspend the driving privileges of the released
person. A suspension under this subsection is subject to
administrative review and shall continue until such time as the
person produces a judicial decree of competency or a certificate
from the superintendent of the hospital that the person is
competent or establishes eligibility under ORS 807.090.
(23) Upon notification by a court under ORS 810.375 that a
person charged with a traffic offense has been found guilty
except for insanity and committed to the jurisdiction of the
Psychiatric Security Review Board, the department shall
immediately suspend the driving privileges of the person. A
suspension under this subsection is subject to administrative
review and shall continue until such time as the person
establishes eligibility under ORS 807.090.
(24) The department shall suspend driving privileges when
provided under ORS 809.290. The suspension shall continue until
the earlier of the following:
(a) The person establishes to the satisfaction of the
department that the person has performed all acts necessary under
ORS 809.290 to make the person not subject to suspension.
(b) Five years from the date the suspension is imposed.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(25) Criminal trespass under ORS 164.245 that involves the
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to suspension on
grounds described in this subsection:
(a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges of the person
convicted for a period of six months from the date of suspension.
(b) A person is entitled to administrative review of a
suspension under this subsection.
(26) Agreements entered under ORS 802.530 may establish grounds
and procedures for the suspension of driving privileges.
(27) Violation of restrictions placed on driving privileges
under ORS 807.120 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department receives satisfactory evidence that the person has
violated restrictions placed on the person's driving privileges.
Any suspension under this paragraph shall be subject to a
post-imposition hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department, but in no event for longer
than one year, and shall be subject to any conditions the
department determines necessary.
(28) Upon receipt of a record of a person's second conviction
of a serious traffic violation within a three-year period, the
department shall suspend the person's commercial driver license
or right to apply for a commercial driver license if the
convictions arose out of separate incidents. A suspension under
this subsection shall be for a period of 60 days. A person is
entitled to administrative review of a suspension under this
subsection.
(29) Upon receipt of a record of a person's third or subsequent
conviction of a serious traffic violation within a three-year
period, the department shall suspend the person's commercial
driver license or right to apply for a commercial driver license
if the convictions arose out of separate incidents. A suspension
under this subsection shall be for a period of 120 days. A person
is entitled to administrative review of a suspension under this
subsection.
(30)(a) Upon receipt of a record of conviction of an offense
described in ORS 809.310, the department shall, or upon
determination by the department that the person has committed an
act that constitutes such an offense, the department may suspend
any driving privileges, any right to apply for privileges or any
identification card of the person convicted or determined to have
committed the act.
(b) A suspension under this subsection shall continue for a
period of one year.
(c) A person is entitled to administrative review of a
suspension under this subsection if the suspension is based upon
a conviction. If the suspension is based upon a determination by
the department, the person is entitled to a hearing as described
in ORS 809.440.
(31) Except as otherwise provided in subsection (33) of this
section, upon receipt of a first notice indicating that a person
has violated an out-of-service order issued under ORS 813.050 or
has knowingly violated any other out-of-service order or notice,
the department shall suspend the person's commercial driver
license or right to apply for a commercial driver license for a
period of 90 days. For purposes of this subsection, 'notice '
includes, but is not necessarily limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make such determinations that the
person has violated an out-of-service order or notice. A person
is entitled to administrative review of a suspension under this
subsection.
(32) Except as otherwise provided in subsection (34) of this
section, upon receipt of a second or subsequent notice within a
10-year period indicating that a person has violated an
out-of-service order issued under ORS 813.050 or has knowingly
violated any other out-of-service order or notice, the department
shall suspend the person's commercial driver license or right to
apply for a commercial driver license for a period of three
years. For purposes of this subsection, 'notice' includes, but
is not necessarily limited to, a record of conviction and a
record of a determination by a state or federal agency with
jurisdiction to make such determinations that the person has
violated an out-of-service order or notice. A person is entitled
to administrative review of a suspension under this subsection.
(33) Upon receipt of a first notice indicating that a person
has violated an out-of-service order while transporting hazardous
materials required to be placarded, or while operating a motor
vehicle designed to transport 16 or more persons, including the
driver, the department shall suspend the person's commercial
driver license or right to apply for a commercial driver license
for a period of one year. For purposes of this subsection, '
notice' includes, but is not necessarily limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make such determinations that the
person has violated an out-of-service order or notice. A person
is entitled to administrative review of a suspension under this
subsection.
(34) Upon receipt of a second or subsequent notice within a
10-year period indicating that a person has violated an
out-of-service order, if the person was transporting hazardous
materials required to be placarded, or was operating a motor
vehicle designed to transport 16 or more persons, including the
driver, then regardless of the load or kind of vehicle involved
in the first notice, the department shall suspend the person's
commercial driver license or right to apply for a commercial
driver license for a period of five years. For purposes of this
subsection, 'notice' includes, but is not necessarily limited to,
a record of conviction and a record of a determination by a state
or federal agency with jurisdiction to make such determinations
that the person has violated an out-of-service order or notice. A
person is entitled to administrative review of a suspension under
this subsection.
(35) Upon receipt of a record of a person's conviction of
reckless endangerment of highway workers under ORS 811.231 (1),
the department shall suspend the person's driving privileges or
right to apply for driving privileges. The suspension shall be
for periods of time described under Schedule I of ORS 809.420
except the department shall not reinstate any driving privileges
to the person until the person complies with future
responsibility filings. A person is entitled to administrative
review of a suspension under this subsection.
(36) Upon notification by a school superintendent or a school
district board under ORS 339.254, the department shall suspend
the driving privileges of a person or the right to apply for
driving privileges. The suspension shall be for the amount of
time stated in the notice. A person is entitled to administrative
review of a suspension under this subsection.
(37)(a) Assault in the second, third or fourth degree resulting
from the operation of a motor vehicle constitutes grounds for
suspension of driving privileges. Upon receipt of a record of
conviction for assault in the second, third or fourth degree, the
department shall suspend the driving privileges or right to apply
for driving privileges of the person convicted.
(b) A person who is convicted of assault in the second degree
and whose driving privileges or right to apply for driving
privileges are suspended under this subsection may apply for
reinstatement of driving privileges eight years from the date the
person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the
conviction does not include incarceration, the person may apply
for reinstatement of driving privileges eight years from the date
the department suspended the privileges or right to apply for
privileges under this subsection.
(c) A person who is convicted of assault in the third degree
and whose driving privileges or right to apply for driving
privileges are suspended under this subsection may apply for
reinstatement of driving privileges five years from the date the
person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the
conviction does not include incarceration, the person may apply
for reinstatement of driving privileges five years from the date
the department suspended the privileges or right to apply for
privileges under this subsection.
(d) A person who is convicted of assault in the fourth degree
and whose driving privileges or right to apply for driving
privileges are suspended under this subsection may apply for
reinstatement of driving privileges one year from the date the
person is released from incarceration for the conviction, if the
sentence includes incarceration. If the sentence for the
conviction does not include incarceration, the person may apply
for reinstatement of driving privileges or right to apply for
driving privileges one year from the date the department
suspended the privileges or right to apply for privileges under
this subsection.
(e) The department shall not reinstate any driving privileges
to the person whose privileges are suspended under this
subsection until the person complies with future responsibility
filings.
(f) A person is entitled to administrative review of a
suspension under this subsection.
(38) Upon receipt of notification of a court order that a
person's driving privileges or right to apply for driving
privileges be suspended for violation of ORS 167.401, the
department shall suspend the driving privileges or the right to
apply for driving privileges of the person subject to the order
for the time specified in the order. A person is entitled to
administrative review of a suspension under this subsection.
(39) Withdrawal from school by a person under 18 years of age
constitutes grounds for suspension of driving privileges. Upon
receipt of a notice under ORS 339.257 that a person under 18
years of age has withdrawn from school, the department shall
notify the person that driving privileges will be suspended on
the 30th day following the date of the notice unless the person
presents documentation that complies with ORS 807.066. A
suspension under this subsection shall continue until the person
reaches 18 years of age or until the person presents
documentation that complies with ORS 807.066. Appeals of a
suspension under this subsection shall be as provided by a school
district or private school under a policy adopted in accordance
with ORS 339.257.
{ + NOTE: + } Corrects nonstandard spelling in (20).
SECTION 489. ORS 810.365 is amended to read:
810.365. If a vehicle owner cited under ORS 810.425 to appear
in a circuit or justice court upon an alleged parking offense
fails to appear on or before the date and time stated on the
citation, the court and the Department of Transportation may take
such actions as are otherwise authorized by law under the Oregon
Vehicle Code in the case of a failure to appear, except that in
no case may a warrant of arrest be issued nor a criminal
prosecution for failure to appear be commenced unless the citing
or prosecuting authority, more than 10 days prior thereto, has
sent a letter to the registered owner at the address shown upon
the records of the department advising { - such - } { +
the + } owner of the charge pending and informing the owner that
the owner may be subject to arrest if the owner does not appear
in the court within 10 days to answer the charge. The letter must
be sent by certified mail, restricted delivery, return receipt
requested. A warrant of arrest may not be issued { - , - } nor
a criminal prosecution for failure to appear be commenced if such
a letter has not been sent or if the owner appears in court to
answer the charge within 10 days after receiving the letter.
{ + NOTE: + } Conforms syntax to legislative style; corrects
punctuation.
SECTION 490. { + ORS 810.434, 810.435 and 810.436 are added to
and made a part of the Oregon Vehicle Code. + }
{ + NOTE: + } Adds sections to appropriate chapter series.
SECTION 491. ORS 810.434 is amended to read:
810.434. (1) Any city with a population of 30,000 or more may,
at its own cost, operate cameras designed to photograph drivers
who violate ORS 811.265 by failing to obey a traffic control
device. Notwithstanding the population requirement of
{ - subsections (1) to (4) of - } this section, the City of
Newberg may operate cameras as provided for other cities in
{ - subsections (1) to (4) of - } this section.
(2) Cameras operated under { - subsections (1) to (4) of - }
this section may be mounted on street lights or put in other
suitable places.
(3) A city that chooses to operate a camera shall:
(a) Provide a public information campaign to inform local
drivers about the use of cameras before citations are actually
issued; and
(b) Once each biennium, conduct a process and outcome
evaluation for the Department of Transportation that includes:
(A) The effect of the use of cameras on traffic safety;
(B) The degree of public acceptance of the use of cameras; and
(C) The process of administration of the use of cameras.
(4) The Department of Transportation shall provide an executive
summary of the process and outcome evaluations to each regular
session of the Legislative Assembly. The summary shall be
presented to the Legislative Assembly by March 1 of the year of
each regular session.
(5)(a) Except as otherwise provided in paragraph (b) of this
subsection, a city authorized to operate cameras under
{ - subsections (1) to (4) of - } this section may not operate
the cameras at more than four intersections in the city.
(b) A city with a population of 300,000 or more may not operate
cameras at more than eight intersections in the city.
{ + NOTE: + } Deletes unnecessary internal subsection
references in (1), (2) and (5)(a).
SECTION 492. ORS 810.435 is amended to read:
810.435. Photographs taken under ORS 810.434 { - (1) to
(4) - } may be submitted into evidence in a trial,
administrative proceeding or other judicial or quasi-judicial
proceeding only for the purpose of proving or disproving a
violation of ORS 811.265.
{ + NOTE: + } Deletes unnecessary subsection reference.
SECTION 493. ORS 810.436 is amended to read:
810.436. (1) Notwithstanding any other provision of law, if a
city authorized to do so by ORS 810.434 { - (1) to (4) - }
chooses to operate a camera that complies with this section and
ORS 810.434
{ - (1) to (4) - } , a citation for violation of ORS 811.265
may be issued on the basis of photographs from a camera taken
without the presence of a police officer if the following
conditions are met:
(a) Signs are posted, so far as is practicable, on all major
routes entering the jurisdiction indicating that compliance with
traffic control devices is enforced through cameras.
(b) Signs are posted near each traffic control device at which
a camera is installed, indicating that a camera may be in
operation at that device.
(c) The citation is mailed to the registered owner of the
vehicle, or to the driver if identifiable, within 10 business
days of the alleged violation.
(d) The registered owner is given 30 days from the date the
citation is mailed to respond to the citation.
(e) A police officer who has reviewed the photograph signs the
citation. The citation may be prepared on a digital medium, and
the signature may be electronic in accordance with the provisions
of ORS 84.001 to 84.061.
(2) If the person named as the registered owner of a vehicle in
the current records of the Department of Transportation fails to
respond to a citation issued under subsection (1) of this
section, a default judgment under ORS 153.102 may be entered for
failure to appear after notice has been given that the judgment
will be entered.
(3) A rebuttable presumption exists that the registered owner
of the vehicle was the driver of the vehicle when the citation
was issued and delivered as provided in this section.
(4) A person issued a citation under subsection (1) of this
section may respond to the citation by submitting a certificate
of innocence or a certificate of nonliability under subsection
(6) of this section or any other response allowed by law.
(5) A citation for violation of ORS 811.265 issued on the basis
of photographs from a camera installed as provided in this
section and ORS 810.434 { - (1) to (4) - } may be delivered by
mail or otherwise to the registered owner of the vehicle or to
the driver if the driver is identifiable from the photograph.
(6)(a) If a registered owner of a vehicle responds to a
citation issued under subsection (1) of this section by
submitting, within 30 days from the mailing of the citation, a
certificate of innocence swearing or affirming that the owner was
not the driver of the vehicle and a photocopy of the owner's
driver license, the citation shall be dismissed. The citation may
be reissued if the jurisdiction verifies that the registered
owner appears to have been the driver at the time of the
violation.
(b) If a business or public agency responds to a citation
issued under subsection (1) of this section by submitting, within
30 days from the mailing of the citation, a certificate of
nonliability stating that at the time of the alleged violation
the vehicle was in the custody and control of an employee or was
in the custody and control of a renter or lessee under the terms
of a motor vehicle rental agreement or lease, and if the business
or public agency provides the driver license number, name and
address of the employee, renter or lessee, the citation shall be
dismissed with respect to the business or public agency. The
citation may then be reissued and delivered by mail or otherwise
to the employee, renter or lessee identified in the certificate
of nonliability.
(7) The penalties for and all consequences of a violation of
ORS 811.265 initiated by the use of a camera installed as
provided in this section and ORS 810.434 { - (1) to (4) - }
are the same as for a violation initiated by any other means.
(8) A registered owner or an employee, renter or lessee against
whom a judgment for failure to appear is entered may move the
court to relieve the owner or the employee, renter or lessee from
the judgment as provided in ORS 153.105 if the failure to appear
was due to mistake, inadvertence, surprise or excusable neglect.
{ + NOTE: + } Deletes unnecessary subsection references in
(1), (5) and (7).
SECTION 494. ORS 811.808 is amended to read:
811.808. Notwithstanding ORS 811.110, 811.112 { + , 811.123 + }
or 811.295, while overtaking the funeral procession in order to
direct traffic at the next intersection, the funeral escort
vehicle may exceed the posted speed limit by 10 miles per hour
and may cross the center line of a roadway that is divided into
two or more lanes.
{ + NOTE: + } Clarifies that section is exception to urban
speed limits imposed by 811.123.
SECTION 495. ORS 813.010 is amended to read:
813.010. (1) A person commits the offense of driving while
under the influence of intoxicants if the person drives a vehicle
while the person:
(a) Has .08 percent or more by weight of alcohol in the blood
of the person as shown by chemical analysis of the breath or
blood of the person made under ORS 813.100, 813.140 or 813.150;
(b) Is under the influence of intoxicating liquor, a controlled
substance or an inhalant; or
(c) Is under the influence of any combination of intoxicating
liquor, an inhalant and a controlled substance.
(2) A person may not be convicted of driving { + while + }
under the influence of intoxicants on the basis of being under
the influence of a controlled substance or an inhalant unless the
fact that the person was under the influence of a controlled
substance or an inhalant is pleaded in the accusatory instrument
and is either proved at trial or is admitted by the person
through a guilty plea.
(3) A person convicted of the offense described in this section
is subject to ORS 813.020 in addition to this section.
(4) Except as provided in subsection (5) of this section, the
offense described in this section, driving while under the
influence of intoxicants, is a Class A misdemeanor and is
applicable upon any premises open to the public.
(5) Driving while under the influence of intoxicants is a Class
C felony if the defendant has been convicted of driving while
under the influence of intoxicants in violation of this section
or its statutory counterpart in another jurisdiction at least
three times in the 10 years prior to the date of the current
offense and the current offense was committed in a motor vehicle.
For purposes of this subsection, a prior conviction for boating
while under the influence of intoxicants in violation of ORS
830.325 or its statutory counterpart in another jurisdiction, or
for prohibited operation of an aircraft in violation of ORS
837.080 (1)(a) or its statutory counterpart in another
jurisdiction, shall be considered a prior conviction of driving
while under the influence of intoxicants.
(6) In addition to any other sentence that may be imposed, the
court shall impose a fine on a person convicted of driving while
under the influence of intoxicants as follows:
(a) For a person's first conviction, a minimum of $1,000.
(b) For a person's second conviction, a minimum of $1,500.
(c) For a person's third or subsequent conviction, a minimum of
$2,000 if the person is not sentenced to a term of imprisonment.
{ + NOTE: + } Corrects name of offense in (2).
SECTION 496. ORS 813.020 is amended to read:
813.020. When a person is convicted of driving { + while + }
under the influence of intoxicants in violation of ORS 813.010, a
court shall comply with the following in addition to any fine or
other penalty imposed upon the person under ORS 813.010:
(1) The court shall require the person to:
(a) Pay to the court the fee described under ORS 813.030 in
addition to any fine imposed under ORS 813.010; and
(b) Complete a screening interview and a treatment program as
provided in ORS 813.021.
(2) The court must impose and not suspend execution of a
sentence requiring the person either to serve at least 48 hours'
imprisonment { + , + } which shall be served consecutively unless
justice requires otherwise { + , + } or to perform community
service for times specified by the court under ORS 137.129. For
purposes of this subsection:
(a) A court may provide for the imprisonment to be served in
jail, minimum security facilities or inpatient rehabilitation or
treatment centers.
(b) Whenever the judge provides for the mandatory imprisonment
to be served other than consecutively, the judgment must
specifically so provide and the judge must state the reasons in
writing.
(3) In a county that has a victim impact program a court may
require the person to attend a victim impact treatment session.
If the court requires attendance under this section, the court
may require the defendant to pay a reasonable fee to the victim
impact program to offset the cost of the defendant's
participation. The fee shall be established for each county by
the victim impact panel coordinator and steering committee of
that county and shall be not less than $5 or more than $50.
{ + NOTE: + } Corrects name of offense in lead-in; fixes
punctuation in (2).
SECTION 497. ORS 815.010 is amended to read:
815.010. (1) Testing requirements for approval of equipment
under the vehicle code shall be met by the manufacturer
submitting a report from a laboratory approved by the Department
of Transportation showing compliance with the current standards
of the Society of Automotive Engineers, the { - United States
of America - } { + American National + } Standards Institute or
the { - United States Bureau of Standards - } { + National
Institute of Standards and Technology + }. This subsection
supersedes any provision to the contrary in the vehicle code.
(2) A federal vehicle safety standard that conflicts with an
equipment provision of the vehicle code applicable to the same
aspect of performance shall supersede that specific provision of
the vehicle code with respect to vehicles in compliance with the
federal vehicle safety standard that was in effect at the time of
sale.
{ + NOTE: + } Corrects titles of institutes in (1).
SECTION 498. ORS 815.040 is amended to read:
815.040. (1) The Department of Transportation shall establish
standards for safety glazing material used in vehicle windows and
windshields including standards for any glazing material so
constructed, treated or combined with other materials as to
reduce substantially, in comparison to ordinary sheet or plate
glass, the likelihood of injury to persons by broken or cracked
glass or by objects from external sources.
(2) The standards adopted under this section shall conform,
insofar as practical, to safety standards and specifications for
safety glazing material issued by the federal government.
(3) A manufacturer of any glazing material upon which approval
for use in motor vehicles is desired shall submit to the
department a test report from the National { - Bureau of
Standards - } { + Institute of Standards and Technology + } if
available, or if not, any other nationally recognized testing
laboratories as authorized by the department.
(4) If the department finds that a glazing material so tested
conforms with the standards adopted by the department, the
department shall place the material on an approved list.
(5) The department shall publish the list of approved safety
glazing materials.
(6) Prohibitions and penalties relating to the standards
established under this section are provided under ORS 815.090 and
815.210.
(7) The standards established under this section may not
restrict the installation and use of window tinting material that
meets the requirements of ORS 815.221.
{ + NOTE: + } Corrects title of federal agency in (3).
SECTION 499. ORS 830.092 is amended to read:
830.092. A boating safety { - education - } certificate is
not required if a person:
(1) Is at least 16 years of age and rents a motorboat with an
engine greater than 10 horsepower and completes a required
dockside safety checklist before operating the boat;
(2) Possesses a current commercial fishing license as required
by ORS 508.235;
(3) Possesses a valid United States Coast Guard commercial
motorboat operator's license;
(4) Is not a resident of this state and does not operate a boat
with an engine greater than 10 horsepower in Oregon waters for
more than 60 consecutive days;
(5) Is not a resident of this state, holds a current
out-of-state boating safety { - education - } certificate and
has the out-of-state certificate in the person's possession;
(6) Holds a temporary certificate as described under ORS
830.084; or
(7) Is not yet required to have a certificate under the
phase-in program developed by the State Marine Board pursuant to
section 9, chapter 716, Oregon Laws 1999.
{ + NOTE: + } Corrects name of certificate in lead-in and
(5).
SECTION 500. ORS 830.094 is amended to read:
830.094. A person shall carry a boating safety
{ - education - } certificate on the boat while operating a
motorboat, as required, and shall present the certificate to a
peace officer upon request by the peace officer.
{ + NOTE: + } Corrects name of certificate.
SECTION 501. ORS 830.110 is amended to read:
830.110. In addition to the powers and duties otherwise
provided in this chapter, the State Marine Board shall have the
power and duty to:
(1) Make all rules necessary to carry out the provisions of
this chapter. The rules shall be made in accordance with ORS
183.310 to 183.550.
(2) Devise a system of identifying numbers for boats, floating
homes and boathouses. If an agency of the federal government has
an overall system of identification numbering for boats within
the United States, the system devised by the board shall conform
with the federal system.
(3) Cooperate with state and federal agencies to promote
uniformity of the laws relating to boating and their enforcement.
(4) Make contracts necessary to carry out the provisions of ORS
830.060 to 830.145, 830.700 to 830.715, 830.725, 830.730,
830.770, 830.780, 830.785, 830.795 to 830.820 and 830.830 to
830.870.
(5) Advise and assist county sheriffs and other peace officers
in the enforcement of laws relating to boating.
(6) Study, plan and recommend the development of boating
facilities throughout the state which will promote the safety and
pleasure of the public through boating.
(7) Publicize the advantage of safe boating.
(8) Accept gifts and grants of property and money to be used to
further the purposes of this chapter.
(9) Exempt from any provisions of this chapter any class of
boats if it determines that the safety of persons and property
will not be materially promoted by the applicability of those
provisions to the class of boats, but the board shall not exempt
from numbering any class of boats unless it determines that the
numbering will not materially aid in their identification and
unless the secretary of the department of the federal government
under which the United States Coast Guard is operating has
exempted from numbering the same boats or classes of boats.
(10) Appoint and require the bonding of agents to issue a
temporary permit to operate a boat. The agents may charge, in
addition to the prescribed fees, $1 per transaction for their
services in issuing the temporary permit.
(11) Publish and distribute to the interested public the
boating laws of this state and resumes or explanations of those
laws.
(12) Publish and distribute forms for any application required
under this chapter and require the use of such forms.
(13) Make rules for the uniform navigational marking of the
waters of this state. Such rules shall not conflict with markings
prescribed by the United States Coast Guard. No political
subdivision or person shall mark the waters of this state in any
manner in conflict with the markings prescribed by the board.
(14) Make rules regarding marine toilets and their use
consistent with the prevention and control of pollution of the
waters of this state and not in conflict with the rules of the
Department of Human Services or the Environmental Quality
Commission.
(15) Institute proceedings to enjoin unlawful obstructions
injuring free navigation on the waters of this state.
(16) Make rules regulating water ski course markers, ski jumps
and other special use devices placed in the waters of this state.
Such rules may regulate the installation and use of the devices
and may require a permit.
(17) Adopt rules necessary to carry out and enforce the
provisions of ORS 830.950 and 830.955. The rules shall include
but need not be limited to:
(a) The kinds of protective covering or physical barriers that
are acceptable to be used between a submersible polystyrene
device and the water.
(b) Guidelines for the use of submersible polystyrene devices
for the repair or maintenance of existing docks or floats.
(18) Adopt rules { - no later than November 1, 1991, - }
providing for establishment of a Safe Boating Education Course to
be made available to courts and law enforcement agencies within
this state for use as a sentencing option for those individuals
convicted of boating offenses. The board shall specify the
content of the Safe Boating Education Course and shall prescribe
procedures for making the course available to local courts and
law enforcement agencies, including procedures for promptly
notifying such courts whether individuals required to enroll in
the course have taken and successfully passed the course. Such
rules may provide for administration of the course through
nonprofit organizations, such as the United States Coast Guard
Auxiliary, United States Power Squadrons or similar groups.
(19) For purposes of ORS 830.175, 830.180, 830.185 and 830.195,
in cooperation with the State Aviation Board, regulate boats that
are seaplanes as provided in { - section 4, chapter 655, Oregon
Laws 1995, and - } ORS 830.605 and 835.200.
{ + NOTE: + } Deletes obsolete provisions in (18) and (19).
SECTION 502. ORS 830.770 is amended to read:
830.770. { + (1) + } No person shall operate a boat on the
waters of this state and no owner of a boat shall knowingly allow
another to operate the owner's boat on the waters of this state
unless:
{ - (1) - } { + (a) + } The owner of the boat holds a
valid, effective certificate of number issued in the owner's name
as owner:
{ - (a) - } { + (A) + } By this state, as provided in ORS
830.060 to 830.145 and 830.700 to 830.870; { - or - }
{ - (b) - } { + (B) + } By an agency of the federal
government; or
{ - (c) - } { + (C) + } By the state of principal use which
issued the certificate of number under a federally approved
numbering system.
{ - (2) - } { + (b) + } The certificate of number is
carried on the boat, except as provided in subsection
{ - (3) - } { + (2) + } of this section.
{ - (3) - } { + (2) + } Persons renting a boat from a
livery are not required to carry the certificate of number on the
boat, provided:
(a) The livery owner retains the certificate of number at the
livery office for immediate inspection by a peace officer;
(b) The boat is clearly marked and identified as a livery boat;
and
(c) The boat operator has a signed rental or lease agreement
containing the boat's identifying number and the period of time
for which the boat is rented or leased.
{ + NOTE: + } Restructures section to eliminate lead-in
problem; deletes superfluous conjunction in (1)(a)(A); adjusts
internal reference in (1)(b).
SECTION 503. ORS 830.780 is amended to read:
830.780. { + (1) + } No person shall operate a boat on the
waters of this state unless:
{ - (1) - } { + (a) + } There is painted on or attached to
each side of the forward half of the boat a valid, effective
identifying number awarded to the boat:
{ - (a) - } { + (A) + } By this state; { - or - }
{ - (b) - } { + (B) + } By an agency of the federal
government; or
{ - (c) - } { + (C) + } Subject to the provisions of ORS
830.805, by another state { - which - } { + that + } awards
identifying numbers under a federally approved numbering system.
{ - (2) - } { + (b) + } The identifying number described in
{ - subsection (1) of this section - } { + paragraph (a) of
this subsection + } is painted or attached on each side of the
forward half of the vessel in such position as to provide clear
legibility for identification. The numbers shall read from left
to right and shall be in block characters of good proportion not
less than three inches in height. The numbers shall be of a color
{ - which - } { + that + } will contrast with the color of the
background and so maintained as to be clearly visible and
legible; i.e., dark letters on a light background, or light
letters on a dark background.
{ - (3) - } { + (c) + } No number other than the
identifying number described in { - subsection (1) of this
section - } { + paragraph (a) of this subsection + } appears on
the forward half of the boat.
{ - (4) - } { + (2) + } No person or dealer shall sell or
display for sale a boat previously numbered by this state, by an
agency of the federal government { - , - } or by another state
{ - which - } { + that + } issued a certificate of number
under a federally approved numbering system unless the
identifying number appears on each side of the forward half of
the boat.
{ + NOTE: + } Restructures section to eliminate lead-in
problem; deletes superfluous conjunction in (1)(a)(A); corrects
grammar in (1)(a)(C), (1)(b) and (2); adjusts internal references
in (1)(b) and (c); corrects punctuation in (2).
SECTION 504. ORS 830.830 is amended to read:
830.830. (1) A dealer or boat manufacturer:
(a) May apply to the State Marine Board for one or more
identifying numbers issued under this section.
(b) Shall display an identifying number issued under this
section on a boat while operating or using the boat for a purpose
related to the testing, buying, selling or exchanging of the
boat.
(2) The application for a number under this section shall
include the name and the business address of the dealer or boat
manufacturer. Any number of identifying numbers may be requested
in the same application.
(3) An application for a number under this section shall be
accompanied by the following fees:
(a) For the first number applied for, $28.
(b) For each additional number applied for in any application
and all renewals, $6.
(4) The board shall issue a certificate of number or
registration for each identifying number awarded under this
section in the same manner as provided in ORS 830.795. Numbers
and certificates issued under this section are subject to the
following:
(a) An identifying number is valid for not more than two years.
(b) No boat shall be described in the certificate and each
certificate shall state that the identifying number has been
awarded to a dealer or boat manufacturer.
(c) A certificate of number issued under this section expires
on December 31 of the year indicated on the certificate.
(5) The provisions of ORS 830.800 (2) and (4) apply to a
certificate of number issued under this section.
(6) An identifying number issued under this section shall be
displayed on a boat of a dealer or boat manufacturer in the same
manner as provided in ORS 830.780 { - (2) - } , except that the
number may be temporarily attached.
(7) No person other than a dealer or boat manufacturer or a
representative of a dealer or boat manufacturer shall display or
use an identifying number issued under this section.
(8) No person shall use an identifying number issued under this
section for any purpose other than the purpose described in
subsection (1) of this section.
{ + NOTE: + } Eliminates renumbered subsection reference in
(6); see section 503 (amending 830.780).
SECTION 505. ORS 835.205 is amended to read:
835.205. For purposes of ORS 830.175, 830.180, 830.185 and
830.195, the Oregon Department of Aviation, in cooperation with
the State Marine Board, shall regulate boats that are seaplanes
as provided in ORS 830.605 and 835.200 { - and section 4,
chapter 655, Oregon Laws 1995 - } .
{ + NOTE: + } Deletes outdated provision.
SECTION 506. ORS 836.005 is amended to read:
836.005. When used in the laws of this state relating to
aviation, unless the context otherwise provides:
(1) 'Air navigation facility' means any facility other than one
owned or operated by the United States used in, available for use
in, or designed for use in, aid of air navigation, including
airports and any structures, mechanisms, lights, beacons,
markers, communicating system or other instrumentalities or
devices used or useful as an aid, or constituting an advantage or
convenience to the safe taking-off, navigation and landing of
aircraft, or the safe and efficient operation or maintenance of
an airport, and any combination of any or all of such facilities.
(2) 'Aircraft' means any contrivance used or designed for
navigation of or flight in the air, but does not mean a
one-person motorless glider that is launched from the earth's
surface solely by the operator's power.
(3) 'Airport' means any area of land or water, within or
without this state, that is used, or intended for use, for the
landing and take-off of aircraft, and any appurtenant areas that
are used, or intended for use, for airport buildings or other
airport facilities or rights of way, together with all airport
buildings and facilities located thereon.
(4) 'Airport hazard' means any structure, object of natural
growth, or use of land, that obstructs the airspace required for
the flight of aircraft in landing or taking off at an airport, or
is otherwise hazardous to such landing or taking off.
(5) 'Aviation' means the science and art of flight and includes
but is not limited to:
(a) Transportation by aircraft;
(b) The operation, construction, repair or maintenance of
aircraft, aircraft power plants and accessories, including the
repair, packing and maintenance of parachutes;
(c) The design, establishment, construction, extension,
operation, improvement, repair or maintenance of airports or
other air navigation facilities; and
(d) Instruction in flying or ground subjects pertaining
thereto.
{ - (6) 'Department' means the Oregon Department of
Aviation. - }
{ - (7) - } { + (6) + } 'Civil aircraft' means any aircraft
other than a public aircraft.
{ + (7) 'Department' means the Oregon Department of
Aviation. + }
(8) 'Municipality' means any county, city, town, village,
borough, authority, district or other political subdivision or
public corporation of this state. 'Municipal' means pertaining to
a municipality as defined in this section.
(9) 'Operation of aircraft' or 'operate aircraft' means the
use, navigation or piloting of aircraft in the airspace over this
state or upon any airport within this state.
(10) 'Person' means any individual, firm, partnership,
corporation, company, association, joint stock association, or
body politic; and includes any trustee, receiver, assignee, or
other similar representative thereof.
(11) 'Pilot' means any individual certificated by the federal
government to operate an aircraft or an individual in training
for such certification who possesses a valid student pilot
certificate issued by the appropriate federal agency.
(12) 'Public aircraft' means any aircraft used exclusively in
the service of any government or of any political subdivision
thereof, including the government of any state, territory or
possession of the United States, or the District of Columbia, but
not including any government-owned aircraft engaged in carrying
persons or property for commercial purposes.
(13) 'State' or 'this state' means the State of Oregon and
territory over which any municipality of the State of Oregon has
jurisdiction.
{ + NOTE: + } Alphabetizes definitions in (6) and (7).
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