Chapter 655 Oregon Laws 2005

AN ACT

HB 2561

Relating to Oregon Youth Authority; creating new provisions; amending ORS 417.040; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 417.040 is amended to read:

417.040. (1) The office of Juvenile Compact Administrator hereby is created. The Director of [Human Services] the Oregon Youth Authority shall be ex officio Juvenile Compact Administrator, with no additional compensation. The administrator shall act jointly with like officers of other party states in promulgating rules and regulations to carry out more effectively the terms of the compact. The administrator shall cooperate with all departments, agencies and officers of the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.

(2) The Juvenile Compact Administrator shall appoint a Deputy Juvenile Compact Administrator to serve at the pleasure of the administrator. The deputy shall be appointed on the basis of personal qualifications in accordance with standards fixed by the [Department of Human Services] Oregon Youth Authority. The [department] youth authority shall fix the salary of the deputy. Subject to the approval of the [department] youth authority, and at salaries fixed by it, the administrator may employ such other personnel as may be necessary to accomplish the purposes of ORS 417.010 to 417.080. The administrator shall prescribe the duties of the deputy and such other personnel, and they shall be subject to the control and under the immediate supervision of the administrator. Personnel other than the administrator and the deputy shall be subject to any applicable provision of the State Personnel Relations Law. Subject to the approval of the [department] youth authority, the administrator may also provide necessary offices, supplies and equipment.

SECTION 2. The duties, functions and powers of the Department of Human Services relating to the office of Juvenile Compact Administrator are imposed upon, transferred to and vested in the Oregon Youth Authority.

SECTION 3. (1) The Director of Human Services shall:

(a) Deliver to the Oregon Youth Authority all records and property within the jurisdiction of the director that relate to the duties, functions and powers transferred by section 2 of this 2005 Act; and

(b) Transfer to the Oregon Youth Authority those employees engaged primarily in the exercise of the duties, functions and powers transferred by section 2 of this 2005 Act.

(2) The Director of the Oregon Youth Authority 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 2 of this 2005 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 between the Department of Human Services and the Oregon Youth Authority relating to transfers of records, property and employees under this section, and the Governor’s decision is final.

SECTION 4. (1) The unexpended balances of amounts authorized to be expended by the Department of Human Services for the biennium beginning July 1, 2005, 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 2 of this 2005 Act are transferred to and are available for expenditure by the Oregon Youth Authority for the biennium beginning July 1, 2005, for the purpose of administering and enforcing the duties, functions and powers transferred by section 2 of this 2005 Act.

(2) The expenditure classifications, if any, established by Acts authorizing or limiting expenditures by the Department of Human Services remain applicable to expenditures by the Oregon Youth Authority under this section.

SECTION 5. The transfer of duties, functions and powers to the Oregon Youth Authority by section 2 of this 2005 Act does not affect any action, proceeding or prosecution involving or with respect to such duties, functions and powers begun before and pending at the time of the transfer, except that the Oregon Youth Authority is substituted for the Department of Human Services in the action, proceeding or prosecution.

SECTION 6. (1) Nothing in sections 2 to 8 of this 2005 Act relieves a person of a liability, duty or obligation accruing under or with respect to the duties, functions and powers transferred by section 2 of this 2005 Act. The Oregon Youth Authority may undertake the collection or enforcement of any such 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 effective date of section 2 of this 2005 Act accruing under or with respect to the duties, functions and powers transferred by section 2 of this 2005 Act are transferred to the Oregon Youth Authority. For the purpose of succession to these rights and obligations, the Oregon Youth Authority is a continuation of the Department of Human Services and not a new authority.

SECTION 7. Notwithstanding the transfer of duties, functions and powers by section 2 of this 2005 Act, the rules of the Department of Human Services with respect to such duties, functions or powers that are in effect on the effective date of section 2 of this 2005 Act continue in effect until superseded or repealed by rules of the Oregon Youth Authority. References in such rules of the Department of Human Services to the Department of Human Services or an officer or employee of the Department of Human Services are considered to be references to the Oregon Youth Authority or an officer or employee of the Oregon Youth Authority.

SECTION 8. 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 2 of this 2005 Act, reference is made to the Department of Human Services, or an officer or employee of the Department of Human Services, whose duties, functions or powers are transferred by section 2 of this 2005 Act, the reference is considered to be a reference to the Oregon Youth Authority or an officer or employee of the Oregon Youth Authority who by this 2005 Act is charged with carrying out such duties, functions and powers.

SECTION 9. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect July 1, 2005.

Approved by the Governor July 27, 2005

Filed in the office of Secretary of State July 27, 2005

Effective date July 27, 2005

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