72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 470
LC 1684/SB 470-3
SENATE AMENDMENTS TO
SENATE BILL 470
By COMMITTEE ON HUMAN RESOURCES
April 28
On page 1 of the printed bill, line 13, delete 'or'.
Delete lines 14 through 20 and insert:
' (b) Requested dispute resolution or filed an appeal under
rules adopted by the department under this section with respect
to a dispute described in subsection (1) of this section; or
' (c) Initiated a contested case proceeding otherwise available
under ORS 183.310 to 183.550 with respect to a dispute described
in subsection (1) of this section.
' (3) For purposes of this section, 'retaliate' means an
adverse action taken by a county against a community mental
health and developmental disabilities program to:
' (a) Materially alter or terminate the contract between the
county and the community mental health and developmental
disabilities program; or
' (b) Fail to renew the contract between the county and the
community mental health and developmental disabilities program.'.
In line 24, delete 'a plaintiff'.
In line 25, delete 'who prevails' and insert 'the prevailing
party' and after the period delete the rest of the line and lines
26 through 28 and insert 'An action described in this section
shall be considered a tort claim under ORS 30.260 to 30.300.
Except as provided in this section, the provisions of ORS 30.260
to 30.300 apply to an action described in this section.'.
On page 2, line 3, delete 'and'.
Delete lines 4 through 6 and insert:
' (2) Requests for dispute resolution or appeals filed on or
after the effective date of this 2003 Act by a community mental
health and developmental disabilities program under rules adopted
by the Department of Human Services under ORS 430.673; and
' (3) Contested case proceedings initiated on or after the
effective date of this 2003 Act by a community mental health and
developmental disabilities program under ORS 183.310 to
183.550.'.
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