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 2007
Senate Bill 857
Sponsored by Senator WINTERS; Senators BEYER, BROWN, BURDICK,
CARTER, CORCORAN, FISHER, GEORGE, GORDLY, HARPER, MORSE, B
STARR, WALKER, Representative BATES
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.
Transfers Department of Human Services ombudsman services to
office of Governor.
Abolishes Office of Children's Ombudsman. Transfers Children's
Ombudsman from State Commission on Children and Families to
office of Governor.
Establishes office of Long Term Care Ombudsman in office of
Governor.
Transfers Manufactured Dwelling Park Ombudsman from Housing and
Community Services Department to office of Governor.
Abolishes office of ombudsman for injured workers and office of
ombudsman for small business. Transfers ombudsmen for injured
workers and small business from Department of Consumer and
Business Services to office of Governor.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to ombudsmen; creating new provisions; amending ORS
90.771, 90.775, 414.712, 417.810, 417.825, 441.103, 446.543 and
656.709; appropriating money; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
{ +
TRANSFER OF OMBUDSMAN SERVICES + }
{ +
REQUIRED BY ORS 414.712 + }
SECTION 1. { + The duties, functions and powers of the
Department of Human Services relating to ombudsman services
required by ORS 414.712 are imposed upon, transferred to and
vested in the Governor. + }
{ +
RECORDS, PROPERTY, EMPLOYEES + }
SECTION 2. { + (1) The Director of Human Services shall:
(a) Deliver to the Governor all records and property within the
jurisdiction of the director that relate to the duties, functions
and powers transferred by section 1 of this 2003 Act.
(b) Transfer to the Governor those employees primarily engaged
in the duties, functions and powers transferred by section 1 of
this 2003 Act.
(2) The Governor shall take possession of the records and
property, and shall take charge of the employees and employ them
in the exercise of the duties, functions and powers transferred
by section 1 of this 2003 Act, without reduction of compensation
but subject to change or termination of employment or
compensation as provided by law.
(3) The Governor shall resolve any dispute relating to
transfers of records, property and employees under this section,
and the Governor's decision is final. + }
{ +
UNEXPENDED REVENUES + }
SECTION 3. { + (1) The unexpended balance of accounts
authorized to be expended by the Department of Human Services for
the biennium beginning July 1, 2003, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 1 of this
2003 Act are appropriated and transferred to and are available
for expenditure by the Governor for the biennium beginning July
1, 2003, for the purpose of administering and enforcing the
duties, functions and powers transferred by section 1 of this
2003 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the department
remain applicable to expenditures by the Governor under this
section. + }
{ +
ACTION, PROCEEDING, PROSECUTION + }
SECTION 4. { + The transfer of duties, functions and powers to
the Governor by section 1 of this 2003 Act does not affect any
action, proceeding or prosecution involving or with respect to
the duties, functions and powers begun before and pending at the
time of transfer, except that the Governor is substituted for the
Department of Human Services in the action, proceeding or
prosecution. + }
{ +
LIABILITY, DUTY, OBLIGATION + }
SECTION 5. { + (1) Nothing in sections 1 to 7 of this 2003 Act
and the amendments to ORS 414.712 by sections 8 and 8a of this
2003 Act relieves a person of a liability, duty or obligation
accruing under or with respect to the duties, functions and
powers transferred by section 1 of this 2003 Act. The Governor
may undertake the collection or enforcement of the liability,
duty or obligation.
(2) The rights and obligations of the Department of Human
Services legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 1 of this 2003 Act accruing under or with respect
to the duties, functions and powers transferred by section 1 of
this 2003 Act are transferred to the Governor. For the purpose of
succession to these rights and obligations, the Governor is a
continuation of the department and not a new authority. + }
{ +
RULES + }
SECTION 6. { + Notwithstanding the transfer of duties,
functions and powers by section 1 of this 2003 Act, the rules of
the Department of Human Services with respect to such duties,
functions and powers that are in effect on the operative date of
section 1 of this 2003 Act continue in effect until superseded or
repealed by rules of the Governor. References in the rules of the
department to the department or an officer or employee of the
department are considered to be references to the Governor or an
officer or agent of the Governor. + }
SECTION 7. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 1 of
this 2003 Act, reference is made to the Department of Human
Services, or an officer or employee of the department, whose
duties, functions and powers are transferred by section 1 of this
2003 Act, the reference is considered to be a reference to the
Governor or an agent of the Governor who by this 2003 Act is
charged with carrying out the duties, functions and powers. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 8. ORS 414.712 is amended to read:
414.712. { + (1) + } { - 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.
{ + (2) + } 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) - } { + (a) + } 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) - } { + (b) + } 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) - } { + (c) + } A choice of available medical plans
and, within those plans, choice of a primary care provider.
{ - (5) - } { + (d) + } 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.
{ + (3) The Governor shall provide 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.
The Governor shall locate an individual providing ombudsman
services under this section in the office of the Governor. + }
SECTION 8a. ORS 414.712, as amended by section 53, chapter
1084, Oregon Laws 1999, is amended to read:
414.712. { + (1) + } { - 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, 418.189 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.
{ + (2) + } 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) - } { + (a) + } 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) - } { + (b) + } 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) - } { + (c) + } A choice of available medical plans
and, within those plans, choice of a primary care provider.
{ - (5) - } { + (d) + } 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.
{ + (3) The Governor shall provide 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.
The Governor shall locate an individual providing ombudsman
services under this section in the office of the Governor. + }
{ +
OPERATIVE DATE OF TRANSFER + }
SECTION 9. { + Sections 1 to 7 of this 2003 Act and the
amendments to ORS 414.712 by sections 8 and 8a of this 2003 Act
become operative January 1, 2004. + }
{ +
ABOLITION OF OFFICE OF CHILDREN'S OMBUDSMAN + }
{ +
TRANSFER OF CHILDREN'S OMBUDSMAN + }
SECTION 10. { + (1) The Office of Children's Ombudsman is
abolished.
(2) The duties, functions and powers of the State Commission on
Children and Families relating to the Children's Ombudsman and
the Office of Children's Ombudsman are imposed upon, transferred
to and vested in the Governor.
(3) The Children's Ombudsman is transferred to the office of
the Governor. + }
{ +
RECORDS, PROPERTY, EMPLOYEES + }
SECTION 11. { + (1) The State Commission on Children and
Families shall:
(a) Deliver to the Governor all records and property within the
jurisdiction of the commission that relate to the duties,
functions and powers transferred by section 10 of this 2003 Act.
(b) Transfer to the Governor those employees primarily engaged
in the duties, functions and powers transferred by section 10 of
this 2003 Act.
(2) The Governor shall take possession of the records and
property, and shall take charge of the employees and employ them
in the exercise of the duties, functions and powers transferred
by section 10 of this 2003 Act, without reduction of compensation
but subject to change or termination of employment or
compensation as provided by law.
(3) The Governor shall resolve any dispute relating to
transfers of records, property and employees under this section,
and the Governor's decision is final. + }
{ +
UNEXPENDED REVENUES + }
SECTION 12. { + (1) The unexpended balance of accounts
authorized to be expended by the State Commission on Children and
Families for the Children's Ombudsman and the Office of
Children's Ombudsman for the biennium beginning July 1, 2003,
from revenues dedicated, continuously appropriated, appropriated
or otherwise made available for the purpose of administering and
enforcing the duties, functions and powers transferred by section
10 of this 2003 Act are appropriated and transferred to and are
available for expenditure by the Governor for the biennium
beginning July 1, 2003, for the purpose of administering and
enforcing the duties, functions and powers transferred by section
10 of this 2003 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Commission
on Children and Families, Children's Ombudsman and Office of
Children's Ombudsman remain applicable to expenditures by the
Governor under this section. + }
{ +
ACTION, PROCEEDING, PROSECUTION + }
SECTION 13. { + The transfer of duties, functions and powers
to the Governor by section 10 of this 2003 Act does not affect
any action, proceeding or prosecution involving or with respect
to the duties, functions and powers begun before and pending at
the time of transfer, except that the Governor is substituted for
the State Commission on Children and Families or the Office of
Children's Ombudsman in the action, proceeding or
prosecution. + }
{ +
LIABILITY, DUTY, OBLIGATION + }
SECTION 14. { + (1) Nothing in sections 10 to 16 of this 2003
Act and the amendments to ORS 417.810 and 417.825 by sections 17
and 18 of this 2003 Act relieves a person of a liability, duty or
obligation accruing under or with respect to the duties,
functions and powers transferred by section 10 of this 2003 Act.
The Governor may undertake the collection or enforcement of the
liability, duty or obligation.
(2) The rights and obligations of the State Commission on
Children and Families and the Office of Children's Ombudsman
legally incurred under contracts, leases and business
transactions executed, entered into or begun before the operative
date of section 10 of this 2003 Act accruing under or with
respect to the duties, functions and powers transferred by
section 10 of this 2003 Act are transferred to the Governor. For
the purpose of succession to these rights and obligations, the
Governor is a continuation of the commission and not a new
authority. + }
{ +
RULES + }
SECTION 15. { + Notwithstanding the transfer of duties,
functions and powers by section 10 of this 2003 Act, the rules of
the State Commission on Children and Families with respect to
such duties, functions and powers that are in effect on the
operative date of section 10 of this 2003 Act continue in effect
until superseded or repealed by rules of the Governor. References
in the rules of the commission to the commission or an officer or
employee of the commission are considered to be references to the
Governor or an officer or agent of the Governor. + }
SECTION 16. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 10 of
this 2003 Act, reference is made to the State Commission on
Children and Families, or an officer or employee of the
commission, whose duties, functions and powers are transferred by
section 10 of this 2003 Act, the reference is considered to be a
reference to the Governor or an agent of the Governor who by this
2003 Act is charged with carrying out the duties, functions and
powers. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 17. ORS 417.810 is amended to read:
417.810. (1) { - Subject to the availability of funds under
ORS 417.805 (2), the Office of Children's Ombudsman is
established in the State Commission on Children and Families. - }
The Governor shall appoint { - the - } { + a + } Children's
Ombudsman for a four-year term { + and locate the ombudsman in
the office of the Governor + }. Any vacancy shall be filled
within 60 days. The appointment is subject to confirmation by the
Senate under ORS 171.562 and 171.565.
(2) The Children's Ombudsman shall be a person who has
background and experience { - either - } in { + :
(a) + } Law enforcement with particular emphasis on crimes
involving child victims { + ; + } or { - in - }
{ + (b) + } Social work with particular emphasis on child
sexual abuse.
SECTION 18. ORS 417.825 is amended to read:
417.825. { + (1) + } In addition to any other fees provided by
law,
{ - a $1 fee on - } { + the agency responsible for collecting
issuance or filing fees for + } the original filing and
duplication of birth certificates, adoption filing and divorce
filing shall { - be collected by the agency responsible for
collecting the issuance or filing fee and the money dedicated to
child sexual abuse prevention and intervention programs and to
the Children's Ombudsman pursuant to ORS 417.400 to 417.490 (1991
Edition). The money shall be credited to the commission by the
person collecting the fee. - } { + collect a $1 fee for the
issuance or filing. The agency that collects the fee shall
transfer moneys collected from the fee imposed by this section to
the State Treasurer for deposit to the Children's Ombudsman
Account.
(2) The Children's Ombudsman Account is established in the
State Treasury, separate and distinct from the General Fund. All
miscellaneous receipts, gifts and federal and other grants
received by the Children's Ombudsman shall be deposited to the
Children's Ombudsman Account. All moneys in the account are
continuously appropriated to the Governor to carry out the
responsibilities of the Children's Ombudsman. Interest earned by
the account shall be credited to the account. + }
{ +
OPERATIVE DATE OF TRANSFER + }
SECTION 19. { + Sections 10 to 16 of this 2003 Act and the
amendments to ORS 417.810 and 417.825 by sections 17 and 18 of
this 2003 Act become operative January 1, 2004. + }
{ +
PLACEMENT OF OFFICE OF THE + }
{ +
LONG TERM CARE OMBUDSMAN + }
SECTION 20. ORS 441.103 is amended to read:
441.103. (1) The office of the Long Term Care Ombudsman is
established { + in the office of the Governor + }. The Long Term
Care Ombudsman shall function separately and independently from
any other state agency. The Governor shall appoint the Long Term
Care Ombudsman for a four-year term from a list of three
{ - nominees - } { + persons + } nominated by the Long Term
Care Advisory Committee established under ORS 441.137. Vacancies
shall be filled within 60 days in the same manner as appointments
are made, subject to Senate confirmation under ORS 171.562 and
171.565.
(2) The { + Governor may remove the + } Long Term Care
Ombudsman { - may be removed - } for just cause, upon
recommendation to the Governor by the Long Term Care Advisory
Committee.
(3) The Long Term Care Ombudsman shall have background and
experience in the following areas:
(a) { - The field of - } Aging;
(b) Health care;
(c) { - Working with - } Community programs;
(d) { - Strong understanding of - } Long term care issues,
both regulatory and policy;
(e) { - Working with - } Health care providers;
(f) { - Working with and involvement in - } Volunteer
programs; and
(g) { - Administrative and managerial experience - } { +
Administration and management + }.
{ +
OPERATIVE DATE OF TRANSFER + }
SECTION 21. { + The amendments to ORS 441.103 by section 20 of
this 2003 Act become operative January 1, 2004. + }
{ +
TRANSFER OF MANUFACTURED DWELLING PARK OMBUDSMAN + }
SECTION 22. { + (1) The duties, functions and powers of the
Housing and Community Services Department relating to the
Manufactured Dwelling Park Ombudsman are imposed upon,
transferred to and vested in the Governor.
(2) The Manufactured Dwelling Park Ombudsman is transferred to
the office of the Governor. + }
{ +
RECORDS, PROPERTY, EMPLOYEES + }
SECTION 23. { + (1) The Director of the Housing and Community
Services Department shall:
(a) Deliver to the Governor all records and property within the
jurisdiction of the director that relate to the duties, functions
and powers transferred by section 22 of this 2003 Act.
(b) Transfer to the Governor those employees primarily engaged
in the duties, functions and powers transferred by section 22 of
this 2003 Act.
(2) The Governor shall take possession of the records and
property, and shall take charge of the employees and employ them
in the exercise of the duties, functions and powers transferred
by section 22 of this 2003 Act, without reduction of compensation
but subject to change or termination of employment or
compensation as provided by law.
(3) The Governor shall resolve any dispute relating to
transfers of records, property and employees under this section,
and the Governor's decision is final. + }
{ +
UNEXPENDED REVENUES + }
SECTION 24. { + (1) The unexpended balance of accounts
authorized to be expended by the Housing and Community Services
Department for the biennium beginning July 1, 2003, from revenues
dedicated, continuously appropriated, appropriated or otherwise
made available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 22 of this
2003 Act are appropriated and transferred to and are available
for expenditure by the Governor for the biennium beginning July
1, 2003, for the purpose of administering and enforcing the
duties, functions and powers transferred by section 22 of this
2003 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the department
remain applicable to expenditures by the Governor under this
section. + }
{ +
ACTION, PROCEEDING, PROSECUTION + }
SECTION 25. { + The transfer of duties, functions and powers
to the Governor by section 22 of this 2003 Act does not affect
any action, proceeding or prosecution involving or with respect
to the duties, functions and powers begun before and pending at
the time of transfer, except that the Governor is substituted for
the Housing and Community Services Department in the action,
proceeding or prosecution. + }
{ +
LIABILITY, DUTY, OBLIGATION + }
SECTION 26. { + (1) Nothing in sections 22 to 28 of this 2003
Act and the amendments to ORS 90.771, 90.775 and 446.543 by
sections 29, 30 and 31 of this 2003 Act relieves a person of a
liability, duty or obligation accruing under or with respect to
the duties, functions and powers transferred by section 22 of
this 2003 Act. The Governor may undertake the collection or
enforcement of the liability, duty or obligation.
(2) The rights and obligations of the Housing and Community
Services Department legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
operative date of section 22 of this 2003 Act accruing under or
with respect to the duties, functions and powers transferred by
section 22 of this 2003 Act are transferred to the Governor. For
the purpose of succession to these rights and obligations, the
Governor is a continuation of the department and not a new
authority. + }
{ +
RULES + }
SECTION 27. { + Notwithstanding the transfer of duties,
functions and powers by section 22 of this 2003 Act, the rules of
the Housing and Community Services Department with respect to
such duties, functions and powers that are in effect on the
operative date of section 22 of this 2003 Act continue in effect
until superseded or repealed by rules of the Governor. References
in the rules of the department to the department or an officer or
employee of the department are considered to be references to the
Governor or an officer or agent of the Governor. + }
SECTION 28. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 22 of
this 2003 Act, reference is made to the Housing and Community
Services Department, or an officer or employee of the department,
whose duties, functions and powers are transferred by section 22
of this 2003 Act, the reference is considered to be a reference
to the Governor or an agent of the Governor who by this 2003 Act
is charged with carrying out the duties, functions and
powers. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 29. ORS 446.543 is amended to read:
446.543. (1) A Manufactured Dwelling Park Ombudsman is
established in the { - Housing and Community Services
Department - } { + office of the Governor + }.
(2) The ombudsman shall:
(a) Undertake, participate in or cooperate with persons and
agencies in such conferences, inquiries, meetings or studies as
might lead to improvements in manufactured dwelling park landlord
and tenant relationships;
(b) Develop and implement a centralized resource referral
program for tenants and landlords to encourage the voluntary
resolution of disputes;
(c) Maintain a current list of manufactured dwelling parks in
the state, indicating the total number of spaces;
(d) Not be directly affiliated, currently or previously, in any
way with a manufactured dwelling park within the preceding two
years; and
(e) Take other actions or perform { - such - } { + any + }
other duties
{ - as - } { + that + } the { - Director of the Housing and
Community Services Department deems - } { + Governor
considers + } necessary or appropriate.
SECTION 30. ORS 90.771 is amended to read:
90.771. (1) { - In order - } To foster the role of the
Manufactured Dwelling Park Ombudsman in mediating and resolving
disputes between landlords and tenants of manufactured dwelling
and floating home facilities, the { - Housing and Community
Services Department - } { + Governor + } shall establish
procedures to maintain the confidentiality of information
received by the ombudsman pertaining to individual landlords and
tenants of facilities and to landlord-tenant disputes. The
procedures must comply with the provisions of this section.
(2) Except as provided in subsection (3) of this section, the
{ - department - } { + ombudsman + } shall treat as
confidential and not disclose:
(a) The identity of a landlord, tenant or complainant involved
in a dispute or of a person who provides information to the
{ - department - } { + ombudsman + } in response to { - a
department - } { + an + } investigation of a dispute;
(b) Information provided to the { - department - }
{ + ombudsman + } by a landlord, tenant, complainant or other
person relating to a dispute; or
(c) Information discovered { - by the department - } in
investigating a dispute.
(3) The { - department - } { + ombudsman + } may disclose:
(a) Information described in subsection (2) of this section to
a state agency; and
(b) Information described in subsection (2) of this section if
the landlord, tenant, complainant or other person who provided
the information being disclosed, or the legal representative
{ - thereof - } { + of the landlord, tenant, complainant or
other person + }, consents orally or in writing to the disclosure
and specifies to whom the disclosure may be made. Only the
landlord, tenant, complainant or other person who provided the
information to the
{ - department - } { + ombudsman + } may authorize or deny
the disclosure of the information.
(4) This section does not prohibit the { - department - }
{ + ombudsman + } from compiling and disclosing examples and
statistics that demonstrate information such as the type of
dispute, frequency of occurrence and geographical area where the
dispute occurred if the identity of the landlord, tenant,
complainant and other persons are protected.
SECTION 31. ORS 90.775 is amended to read:
90.775. The { - Housing and Community Services Department - }
{ + Governor + } may adopt rules necessary to carry out the
provisions of ORS 90.771.
{ +
OPERATIVE DATE OF TRANSFER + }
SECTION 32. { + Sections 22 to 28 of this 2003 Act and the
amendments to ORS 90.771, 90.775 and 446.543 by sections 29, 30
and 31 of this 2003 Act become operative January 1, 2004. + }
{ +
ABOLITION OF OFFICE OF OMBUDSMAN FOR + }
{ +
INJURED WORKERS AND OFFICE OF + }
{ +
OMBUDSMAN FOR SMALL BUSINESS + }
{ +
TRANSFER OF OMBUDSMEN FOR + }
{ +
INJURED WORKERS AND SMALL BUSINESS + }
SECTION 33. { + (1) The office of ombudsman for injured
workers and the office of ombudsman for small business are
abolished.
(2) The duties, functions and powers of the Department of
Consumer and Business Services relating to the ombudsmen for
injured workers and small business and the office of the
ombudsman for injured workers and the office of ombudsman for
small business are imposed upon, transferred to and vested in the
Governor.
(3) The ombudsmen for injured workers and small business are
transferred to the office of the Governor. + }
{ +
RECORDS, PROPERTY, EMPLOYEES + }
SECTION 34. { + (1) The Director of the Department of Consumer
and Business Services shall:
(a) Deliver to the Governor all records and property within the
jurisdiction of the director that relate to the duties, functions
and powers transferred by section 33 of this 2003 Act.
(b) Transfer to the Governor those employees primarily engaged
in the duties, functions and powers transferred by section 33 of
this 2003 Act.
(2) The Governor shall take possession of the records and
property, and shall take charge of the employees and employ them
in the exercise of the duties, functions and powers transferred
by section 33 of this 2003 Act, without reduction of compensation
but subject to change or termination of employment or
compensation as provided by law.
(3) The Governor shall resolve any dispute relating to
transfers of records, property and employees under this section,
and the Governor's decision is final. + }
{ +
UNEXPENDED REVENUES + }
SECTION 35. { + (1) The unexpended balance of accounts
authorized to be expended by the Department of Consumer and
Business Services for the biennium beginning July 1, 2003, from
revenues dedicated, continuously appropriated, appropriated or
otherwise made available for the purpose of administering and
enforcing the duties, functions and powers transferred by section
33 of this 2003 Act are appropriated and transferred to and are
available for expenditure by the Governor for the biennium
beginning July 1, 2003, for the purpose of administering and
enforcing the duties, functions and powers transferred by section
33 of this 2003 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the department
remain applicable to expenditures by the Governor under this
section. + }
{ +
ACTION, PROCEEDING, PROSECUTION + }
SECTION 36. { + The transfer of duties, functions and powers
to the Governor by section 33 of this 2003 Act does not affect
any action, proceeding or prosecution involving or with respect
to the duties, functions and powers begun before and pending at
the time of transfer, except that the Governor is substituted for
the Department of Consumer and Business Services in the action,
proceeding or prosecution. + }
{ +
LIABILITY, DUTY, OBLIGATION + }
SECTION 37. { + (1) Nothing in sections 33 to 39 of this 2003
Act or the amendments to ORS 656.709 by section 40 of this 2003
Act relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 33 of this 2003 Act. The Governor may
undertake the collection or enforcement of the liability, duty or
obligation.
(2) The rights and obligations of the Department of Consumer
and Business Services legally incurred under contracts, leases
and business transactions executed, entered into or begun before
the operative date of section 33 of this 2003 Act accruing under
or with respect to the duties, functions and powers transferred
by section 33 of this 2003 Act are transferred to the Governor.
For the purpose of succession to these rights and obligations,
the Governor is a continuation of the department and not a new
authority. + }
{ +
RULES + }
SECTION 38. { + Notwithstanding the transfer of duties,
functions and powers by section 33 of this 2003 Act, the rules of
the Department of Consumer and Business Services with respect to
such duties, functions and powers that are in effect on the
operative date of section 33 of this 2003 Act continue in effect
until superseded or repealed by rules of the Governor. References
in the rules of the department to the department or an officer or
employee of the department are considered to be references to the
Governor or an agent of the Governor. + }
SECTION 39. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 33 of
this 2003 Act, reference is made to the Department of Consumer
and Business Services, or an officer or employee of the
department, whose duties, functions and powers are transferred by
section 33 of this 2003 Act, the reference is considered to be a
reference to the Governor or an officer or agent of the Governor
who by this 2003 Act is charged with carrying out the duties,
functions and powers. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 40. ORS 656.709 is amended to read:
656.709. (1) The { - office of - } { + Governor shall
appoint an + } ombudsman for injured workers { - is created in
the Department of Consumer and Business Services - } { + and
locate the ombudsman in the office of the Governor + }. { - The
ombudsman shall report directly to the Director of the Department
of Consumer and Business Services. - } The ombudsman { + for
injured workers + } shall act as an advocate for injured workers
by accepting { + , investigating and attempting to resolve + }
complaints concerning matters related to workers' compensation
{ - , investigating them and attempting to resolve them - } .
The ombudsman { + for injured workers + } shall also provide
information to injured workers to enable them to protect their
rights in the workers' compensation system.
(2) The { - office of - } { + Governor shall appoint an + }
ombudsman for small business { - is created in the
department - } { + and locate the ombudsman in the office of
the Governor + }. { - The ombudsman shall report directly to
the director. - } The ombudsman { + for small business + }
shall provide information and assistance to small businesses with
regard to workers' compensation insurance and claims processing
matters.
{ +
OPERATIVE DATE OF TRANSFER + }
SECTION 41. { + Sections 33 to 39 of this 2003 Act and the
amendments to ORS 656.709 by section 40 of this 2003 Act become
operative January 1, 2004. + }
{ +
GOVERNOR'S AUTHORITY BEFORE OPERATIVE DATE + }
SECTION 42. { + The Governor may take any action before the
operative date of sections 1 to 7, 10 to 16, 22 to 28 and 33 to
39 of this 2003 Act and the amendments to ORS 90.771, 90.775,
414.712, 417.810, 417.825, 441.103, 446.543 and 656.709 by
sections 8, 8a, 17, 18, 20, 29, 30, 31 and 40 of this 2003 Act
that is necessary to exercise, on or after January 1, 2004, the
duties, functions and powers transferred by sections 1, 10, 22
and 33 of this 2003 Act, or created by the amendments to ORS
441.103 and 446.543 by sections 20 and 29 of this 2003 Act. + }
{ +
UNIT CAPTIONS + }
SECTION 43. { + The unit captions used in this 2003 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2003 Act. + }
{ +
EFFECTIVE DATE + }
SECTION 44. { + This 2003 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-second
Legislative Assembly adjourns sine die. + }
----------