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 893
 
                         Senate Bill 116
 
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 Attorney General Hardy
  Myers for Attorney General's Task Force on Elder Abuse)
 
 
                             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.
 
  Creates Protective Proceedings and Fiduciary Services Task
Force. Authorizes task force to study protective proceedings
statutes and availability of guardianship and conservatorship
services and make legislative recommendations.
  Sunsets December 31, 2005.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to Protective Proceedings and Fiduciary Services Task
  Force; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + There is created the Protective Proceedings and
Fiduciary Services Task Force. Members must be persons who are
familiar with protective proceedings, public, private and
professional guardianship and conservatorship services,
alternatives to guardianships and conservatorships, and issues of
mental capacity and decision making. + }
  SECTION 2.  { + The Protective Proceedings and Fiduciary
Services Task Force consists of 13 members, as follows:
  (1) One member appointed by the President of the Senate;
  (2) One member appointed by the Speaker of the House of
Representatives;
  (3) One member appointed by the Chief Justice of the Supreme
Court;
  (4) One member appointed by the Attorney General;
  (5) One member appointed by the Department of Human Services;
  (6) One member appointed by the Long Term Care Ombudsman;
  (7) One member appointed by the Oregon State Bar;
  (8) One member appointed by an organization that represents
area agencies on aging and disabilities; and
  (9) Five members appointed by the Governor. In making
appointments under this subsection, the Governor shall consider
individuals who are representative of:
  (a) An organization representing Oregon hospitals and health
systems;
  (b) An organization representing guardians;
 
  (c) Organizations representing nursing homes, assisted living
facilities and residential care facilities;
  (d) Organizations representing bankers and the banking
industry; and
  (e) The system, described in ORS 192.517 (1), designated to
protect and advocate the rights of individuals with developmental
disabilities and individuals with mental illness. + }
  SECTION 3.  { + The Protective Proceedings and Fiduciary
Services Task Force shall study Oregon protective proceedings
statutes and the availability of public, private and professional
guardianship and conservatorship services. The task force shall
also study and develop recommendations for legislation and
administrative changes to methods to:
  (1) Provide guardianship and conservatorship services to
individuals who cannot afford them;
  (2) Protect the civil rights of individuals who are subject to
guardianship or conservatorship petitions; and
  (3) Ensure adequate oversight and monitoring of fiduciaries
after they are appointed. + }
  SECTION 4.  { + The Department of Human Services shall provide
staff necessary for the Protective Proceedings and Fiduciary
Services Task Force to perform its functions. + }
  SECTION 5.  { + The  + }  { +  Protective Proceedings and
Fiduciary Services Task Force shall submit a report in the manner
provided by ORS 192.245 on the results of its study, including
specific recommendations for legislation, to the appropriate
interim committee of the Legislative Assembly no later than
October 1, 2004. + }
  SECTION 6.  { + The Protective Proceedings and Fiduciary
Services Task Force is subject to ORS 171.620, 171.630 and
171.635 and has the authority contained in ORS 171.505 and
171.510. + }
  SECTION 7.  { + All agencies of the state government, as
defined in ORS 174.111, are directed to assist the Protective
Proceedings and Fiduciary Services Task Force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, furnish all information and advice that members
of the task force consider necessary to perform their duties. + }
  SECTION 8.  { + ORS 171.072 applies to members appointed to the
Protective Proceedings and Fiduciary Services Task Force who are
members of the Legislative Assembly. Other members of the task
force are not entitled to compensation and expenses and serve on
a volunteer basis. + }
  SECTION 9.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Human
Services, for the biennium beginning July 1, 2003, out of the
General Fund, the amount of $5,000, which may be expended only
for the purpose of carrying out section 4 of this 2003 Act. + }
  SECTION 10.  { + Sections 1 to 9 of this 2003 Act are repealed
on December 31, 2005. + }
  SECTION 11.  { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
                         ----------