Chapter 70
AN ACT
SB 83
Relating to terminology describing persons; creating new provisions;
and amending ORS 1.310, 3.260, 3.408, 10.030, 10.115, 21.010, 30.262, 30.475,
30.480, 40.272, 40.460, 45.285, 45.288, 45.291, 67.055, 87.512, 87.527, 87.603,
93.270, 107.500, 109.322, 116.253, 124.005, 124.010, 124.015, 124.020, 124.024,
124.050, 124.100, 125.005, 130.005, 133.055, 133.515, 135.703, 144.226,
167.352, 169.750, 174.107, 176.050, 179.325, 179.450, 179.473, 179.478,
179.485, 181.550, 181.642, 182.109, 185.110, 185.140, 185.225, 192.630,
194.578, 197.663, 206.315, 236.010, 238.350, 254.435, 267.240, 276.594,
276.595, 279.835, 279.840, 279.845, 279.850, 279.855, 279A.025, 279A.050,
279C.335, 285B.746, 285B.755, 289.005, 307.130, 310.155, 311.666, 311.668,
311.679, 311.687, 311.795, 311.796, 315.262, 316.099, 316.752, 316.758,
316.765, 323.455, 327.013, 327.023, 327.348, 336.790, 339.035, 339.137,
339.240, 339.252, 341.937, 342.120, 342.360, 343.035, 343.155, 343.165,
343.193, 343.224, 343.600, 344.511, 344.530, 344.550, 344.720, 344.735,
346.010, 346.015, 346.035, 346.070, 346.110, 346.120, 346.130, 346.160,
346.165, 346.169, 346.170, 346.180, 346.190, 346.210, 346.220, 346.250,
346.260, 346.290, 346.510, 346.520, 346.540, 346.565, 346.570, 346.610,
346.620, 346.630, 346.640, 346.650, 346.660, 346.680, 346.685, 346.687,
346.690, 348.270, 352.015, 353.070, 353.130, 353.210, 358.543, 366.486,
366.487, 391.815, 391.820, 391.830, 401.395, 401.710, 401.773, 408.570,
409.010, 409.610, 410.010, 410.020, 410.030, 410.040, 410.060, 410.070,
410.100, 410.210, 410.230, 410.270, 410.290, 410.295, 410.320, 410.490,
410.495, 410.600, 410.602, 410.604, 410.608, 410.715, 410.730, 410.732,
410.740, 410.851, 411.704, 411.706, 411.708, 414.025, 414.105, 414.211,
414.424, 414.708, 414.710, 418.015, 418.032, 418.205, 419B.504, 420.500,
420.505, 421.084, 426.005, 426.180, 426.220, 426.330, 426.490, 426.495,
426.500, 426.502, 426.504, 426.506, 426.508, 426.650, 427.005, 427.007,
427.010, 427.041, 427.051, 427.205, 427.330, 427.335, 428.205, 428.270,
430.010, 430.021, 430.050, 430.610, 430.625, 430.630, 430.640, 430.665,
430.685, 430.695, 430.705, 430.735, 430.737, 431.180, 437.030, 441.137,
441.525, 442.015, 442.502, 442.700, 443.400, 443.410, 443.452, 443.480, 443.485,
443.715, 443.720, 444.010, 444.020, 444.030, 444.120, 454.657, 455.720,
456.515, 456.539, 456.541, 456.543, 456.559, 457.095, 458.215, 458.515,
458.610, 458.625, 458.650, 458.655, 471.752, 476.730, 479.250, 479.255,
479.297, 480.225, 480.315, 497.121, 498.136, 498.170, 609.100, 646.482,
653.030, 653.269, 655.515, 656.033, 656.628, 657A.120, 658.019, 659A.100,
659A.103, 659A.112, 659A.115, 659A.118, 659A.130, 659A.133, 659A.136, 659A.142,
659A.145, 675.583, 675.785, 677.010, 677.415, 677.615, 677.625, 677.635,
680.205, 681.220, 682.025, 682.027, 682.035, 682.204, 683.120, 689.342,
689.344, 689.346, 701.525, 735.720, 742.518, 746.015, 801.115, 801.120,
801.235, 802.500, 803.030, 803.305, 807.070, 807.700, 811.035, 811.602,
811.604, 811.606, 811.607, 811.609, 811.611, 811.615, 811.617, 811.625,
811.630, 811.632, 811.635, 811.637, 813.270, 814.110, 814.120, 814.528,
815.110, 815.300, 820.210, 820.220, 822.105 and 825.017 and sections 9, 10, 11,
12 and 14, chapter 290, Oregon Laws 1987, section 15, chapter 736, Oregon Laws
2003, and section 2, chapter 204, Oregon Laws 2005, and ORCP 34 G.
Be It Enacted by the People of
the State of
SECTION 1. ORS 1.310 is amended to read:
1.310. (1) As used in this section:
(a) “Judge” includes any
judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court, or of
any circuit court, of the State of
(b) “Subject judge”
means any judge whose alleged disability is involved in proceedings under this
section.
(c) [“Disabled”] “Disability” means [so incapacitated physically or mentally as]
physical or mental incapacitation of such a degree as to cause a judge
to be unable to discharge the duties of judicial office.
(d) “Chief Justice”
means the Chief Justice of the Supreme Court of Oregon; except that, if the
Chief Justice is the subject judge, then the term “Chief Justice” means the one
of the remaining judges of the Supreme Court who has served the longest period
of time as a judge of that court.
(2) Any judge who
becomes disabled may be retired in the manner provided in this section. The
Governor, the Chief Justice, the Judicial Conference or the Board of Governors
of the Oregon State Bar may file at any time with the Secretary of State a
written request for an investigation to determine whether a judge named in such
request [is disabled] has a
disability. Upon receipt of such request, the Secretary of State shall
transmit to the subject judge a certified copy of such request, with a notice
to the effect that, unless such judge files a resignation within 45 days after
the date of the notice, an investigation will be made to determine whether the
judge [is disabled] has a
disability. Such certified copy and notice shall be served on the subject
judge, either by delivering them to the judge in person or by transmitting them
by registered mail or by certified mail with return receipt to the judge at the
last residence address of the judge as shown in the records of the Secretary of
State.
(3) If the subject judge
fails to file a resignation within 45 days after the date of the notice, the
Secretary of State, within 10 days after the expiration of that period, shall
transmit to the Commission on Judicial Fitness and Disability certified copies
of the request and notice, with a certificate to the effect:
(a) That the Secretary
of State had served the notice and copy of the request on the subject judge as
provided in subsection (2) of this section; and
(b) That the judge had
not filed a resignation.
(4) Upon receipt of the
certified copies and certificate referred to in subsection (3) of this section,
the commission shall make the requested investigation and, after hearing,
determine whether the subject judge [is
disabled] has a disability. The commission shall prepare an official
record which shall include the testimony taken and the exhibits considered. If
the subject judge refuses or is unable to attend, the commission may proceed
with the hearing in the absence of the judge.
(5) If a majority of the
members of the commission shall determine that the subject judge [is] in fact [disabled] has a disability, they shall make and sign written
findings of fact upon which the determination is made and transmit them to the
Secretary of State. If no appeal is filed, the office of such judge shall
become vacant 10 days after the filing of such findings; and thereupon the
Secretary of State shall certify to the Governor the existence of such vacancy.
If a majority of the members of the commission do not find that the subject
judge [is disabled] has a
disability, they shall sign and file with the Secretary of State a written
report to that effect, and thereupon the proceeding shall terminate.
(6) The commission may
prescribe rules of procedure for the conduct of the investigation and fix the
time and place of the hearing, giving the subject judge due notice thereof. The
fees and mileage allowance of witnesses, including experts, shall be fixed by
the commission.
(7) No judge retired
under the provisions of this section shall be appointed as judge pro tempore to
serve upon any court of the State of
(8) The subject judge
may appeal to the Supreme Court from a determination by the commission that the
judge [is disabled] has a
disability, by filing a notice with the Secretary of State within 10 days
after the date of filing of the written findings of fact by the commission. The
Secretary of State shall thereupon notify the commission and the Chief Justice.
The commission shall forthwith transmit the official record to the Supreme
Court, which upon receipt of such record shall have full jurisdiction of the
proceeding.
(9) The Supreme Court
shall review the proceeding de novo on the record with authority to affirm,
reverse or annul the determination. Prior to such final determination, remand
may also be made to the commission for additional findings of fact. In the
event that the Supreme Court reverses or annuls the determination of the
commission, the proceeding shall thereupon terminate and notice to that effect
shall be filed with the Secretary of State. If the determination of the
commission is affirmed, a decision to that effect shall be filed with the
Secretary of State and the office of the subject judge shall forthwith become
vacant. Thereupon, the Secretary of State shall certify to the Governor the
existence of such vacancy.
SECTION 2. ORS 3.260 is amended to read:
3.260. (1) The circuit
courts and the judges thereof shall exercise all juvenile court jurisdiction,
authority, powers, functions and duties.
(2) Pursuant to ORS
3.275, in addition to any other jurisdiction vested in it by law, the circuit
court shall exercise exclusive and original judicial jurisdiction, authority,
powers, functions, and duties in the judicial district in any or all of the
following matters that on the date specified in the order entered under ORS
3.275 are not within the jurisdiction of the circuit court:
(a) Adoption.
(b) Change of name under
ORS 33.410.
(c) Filiation.
(d) Commitment of [the mentally ill or mentally deficient] persons
with mental illness or mental retardation.
(e) Any suit or civil
proceeding involving custody or other disposition of a child or the support
thereof or the support of a spouse, including enforcement of the Uniform
Reciprocal Enforcement of Support Act and enforcement of out-of-state or foreign
judgments and decrees on domestic relations.
(f)
Waivers of the three-day waiting period before a marriage license becomes
effective under ORS 106.077.
(g) Issuance of delayed
birth certificate.
SECTION 3. ORS 3.408 is amended to read:
3.408. (1) The presiding judge of the judicial district may assign to a
family court department established under ORS 3.405 all of the following
matters:
(a) Proceedings under
the provisions of ORS chapters 107, 108, 109 and 110;
(b) Proceedings under
the provisions of ORS chapter 25;
(c) Guardianship
proceedings for minors under the provisions of ORS chapter 125;
(d) Juvenile court
proceedings under ORS chapters 419A, 419B and 419C;
(e) Proceedings to
commit a [mentally ill] person with
a mental illness under the provisions of ORS chapter 426 and ORS 430.397 to
430.401;
(f) Probate proceedings
under ORS chapters 111, 112, 113, 114, 115, 116 and 117; and
(g) Any other proceeding
in which a family is involved.
(2) In addition to the
matters specified in subsection (1) of this section, the presiding judge of the
judicial district may assign to a family court department any criminal
proceeding that involves domestic violence or other crime between family
members.
SECTION 4. ORS 10.030 is amended to read:
10.030. (1) Except as
otherwise specifically provided by statute, the opportunity for jury service
shall not be denied or limited on the basis of race, national origin, gender,
age, religious belief, income, occupation or any other factor that
discriminates against a cognizable group in this state.
(2) Any person is
eligible to act as a juror in a civil trial unless the person:
(a)
Is not a citizen of the
(b) Does not live in the
county in which summoned for jury service;
(c) Is less than 18 years
of age; or
(d) Has had rights and
privileges withdrawn and not restored under ORS 137.281.
(3)(a) Any person is
eligible to act as a juror in a criminal trial, beginning on or after December
5, 1996, unless the person:
(A) Is not a citizen of
the
(B) Does not live in the
county in which summoned for jury service;
(C) Is
less than 18 years of age;
(D) Has had rights and
privileges withdrawn and not restored under ORS 137.281; or
(E) Has been convicted
of a felony or served a felony sentence within the prior 15 years.
(b) As used in this
subsection:
(A) “Felony sentence”
includes any incarceration, post-prison supervision, parole or probation
imposed upon conviction of a felony or served as a result of conviction of a
felony.
(B) “Has been convicted
of a felony” has the meaning given that term in ORS 166.270.
(4) A person who is
blind, hard of hearing or speech impaired or [physically disabled] who has a physical disability shall not
be ineligible to act as a juror or be excluded from a jury list or jury service
on the basis of blindness, hearing or speech impairment or physical disability
alone.
(5) No person is
eligible to act as a juror in any circuit court of this state within 24 months
after being discharged from jury service in a federal court in this state or
circuit court of this state unless that person’s service as a juror is required
because of a need for additional jurors.
(6) In addition to the
disqualifications listed in subsection (2) of this section, a person is ineligible
to act as a juror on a grand jury if the person has been convicted of a felony,
other than a felony traffic offense, or has served a felony sentence, other
than a sentence for a felony traffic offense, within the prior 15 years. As
used in this subsection, “conviction” means an adjudication of guilt upon a
verdict or finding entered in a criminal proceeding in a court of competent
jurisdiction.
SECTION 5. ORCP 34 G is amended to read:
G
Procedure. The motion for substitution may be made by any party, or
by the successors in interest or representatives of the deceased party
or [disabled] the party
with a disability, or the successors in interest of the transferor and
shall be served on the parties as provided in Rule 9 and upon persons not
parties in the manner provided in Rule 7 for the service of a summons.
SECTION 6. ORS 10.115 is amended to read:
10.115. (1) As used in this section:
(a) “Assistive
communication device” means any equipment designed to facilitate communication
by a [disabled] person with a
disability.
(b) [“Disabled juror”] “Juror with a disability”
means a person who is hard of hearing or speech impaired, who is
summoned to serve as a juror and whose name is drawn for grand jury or trial
jury service.
(c) “Qualified
interpreter” means a person who is readily able to communicate with a [disabled] juror with a disability,
accurately communicate the proceedings to the juror and accurately repeat the
statements of the juror.
(2) The court to which a
[disabled] juror with a disability
is summoned, upon written request by the juror and upon a finding by the court
that the juror requires the services of a qualified interpreter or the use of
an assistive communication device in examination of the juror as to the juror’s
qualifications to act as a juror or in performance by the juror of the
functions of a juror, shall appoint a qualified interpreter for the juror and
shall fix the compensation and expenses of the interpreter and shall provide an
appropriate assistive communication device if needed. The compensation and
expenses of an interpreter so appointed and the cost of any assistive
communication device shall be paid by the public authority required to pay the
fees due to the juror.
(3) An oath or
affirmation shall be administered to a qualified interpreter appointed for a [disabled] juror with a disability,
in substance that the interpreter will accurately communicate the proceedings
to the juror and accurately repeat the statements of the juror.
(4) Except as provided
in subsection (5) of this section, a qualified interpreter appointed for a [disabled] juror with a disability
shall be present during deliberations by the jury on which the juror serves.
The interpreter [shall] may
not participate in the jury deliberations in any manner except to facilitate
communication between the [disabled]
juror with a disability and the other jurors or other persons with whom
the jurors may communicate, and the court shall so instruct the jury and the
interpreter.
(5) When a [disabled] juror with a disability
serves on a trial jury, each party to the proceeding shall stipulate to
the presence of the qualified interpreter appointed for the juror during jury
deliberations[,] and shall prepare
and deliver to the court proposed instructions in respect to the interpreter.
SECTION 7. ORS 21.010, as amended by section 3, chapter
702, Oregon Laws 2005, and section 33, chapter 843, Oregon Laws 2005, is
amended to read:
21.010. (1) Except as
provided in subsection (2) of this section, the appellant in an appeal or the
petitioner in a judicial review in the Supreme Court or the Court of Appeals
shall pay a filing fee of $154 in the manner prescribed by ORS 19.265. The
respondent in such case and any other person appearing in the appeal, upon
entering first appearance or filing first brief in the court, shall pay to the
State Court Administrator the sum of $105. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the amount so
paid.
(2) Filing and
appearance fees [shall] may
not be assessed in appeals from habeas corpus proceedings under ORS 34.710,
post-conviction relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of [allegedly
mentally ill] persons determined to be mentally ill under ORS
426.135 or [allegedly mentally retarded]
persons determined to be mentally retarded under ORS 427.295, or on
judicial review of orders of the Psychiatric Security Review Board under ORS
161.385 (9) or orders of the State Board of Parole and Post-Prison Supervision.
(3) Filing and
appearance fees shall be assessed in an appeal from an appeal to a circuit
court from a justice court or municipal court in an action alleging commission
of a state offense designated as a violation or an action alleging violation of
a city charter or ordinance, but not in an action alleging commission of a
state crime.
(4) Filing and
appearance fees shall only be assessed in an appeal in a contempt proceeding
seeking imposition of remedial sanctions under the provisions of ORS 33.055.
SECTION 8. ORS 30.262 is amended to read:
30.262. (1) The following facilities and training homes are public
bodies for the purposes of ORS 30.260 to 30.300:
(a) A nonprofit
residential training facility as defined in ORS 443.400, nonprofit residential
training home as defined in ORS 443.400 or nonprofit facility as defined in ORS
427.005, organized and existing under ORS chapter 65, that receives more than
50 percent of its funding from the state or a political subdivision of the
state for the purpose of providing residential or vocational services to [mentally retarded or developmentally
disabled] individuals with mental retardation or developmental
disabilities.
(b) A nonprofit
residential training facility as defined in ORS 443.400, nonprofit residential
training home as defined in ORS 443.400 or nonprofit facility as defined in ORS
427.005, organized and existing under ORS chapter 65, that receives less than
50 percent of its funding from the state or a political subdivision of the
state but that provides residential or vocational services to [mentally retarded or developmentally
disabled] individuals with mental retardation or developmental
disabilities, more than half of whom are eligible for funding for services
by the Department of Human Services under criteria established by the
department.
(2) The provisions of
this section apply only to a nonprofit residential training facility, nonprofit
residential training home or nonprofit facility that provides services to [mentally retarded or developmentally
disabled] individuals with mental retardation or developmental
disabilities under a contract with:
(a) The Department of
Human Services; or
(b) A community mental
health and developmental disabilities program established pursuant to ORS
430.620.
SECTION 9. ORS 30.475 is amended to read:
30.475. In enacting ORS
30.480 and 30.485, the Legislative Assembly of the State of
(1) That many [disabled] persons with disabilities
and older persons, due to disability or age, cannot obtain medical,
educational, recreational or other important services or benefits, or pursue
daily life activities outside the home, such as shopping or socializing,
without transportation and other necessary assistance;
(2) That public
resources are not adequate to provide dependable transportation to [disabled] persons with disabilities
and older persons, and that it is in the best interest of this state to
encourage volunteers to provide transportation services to Oregon’s [disabled] people with disabilities
and older people;
(3) That the threat or
fear of personal liability arising from the provision of transportation
services to [disabled] persons with
disabilities and older persons seriously discourages individuals from
providing services on a volunteer basis;
(4) That the policy of
this state is to encourage volunteers to provide such transportation services;
and
(5) That, therefore,
persons who qualify under ORS 30.480 must be protected from the threat of
unlimited personal liability arising from the provision of volunteer
transportation services, and that ORS 30.475 to 30.485 shall be liberally
construed in favor of such persons in order to promote fully the foregoing
policies.
SECTION 10. ORS 30.480 is amended to read:
30.480. (1) When a
provider of volunteer transportation services who is qualified under subsection
(3) of this section provides the services under the conditions described in
subsection (4) of this section to a person [who
is disabled or] with a disability or a person who is 55 years of age
or older, the liability of the provider to the person for injury, death or loss
arising out of the volunteer transportation services shall be limited as
provided in this section. When volunteer transportation services are provided
to five or fewer persons at one time, the liability of the provider of the
volunteer transportation services shall not exceed the greater of the amount of
coverage under the terms of the provider’s motor vehicle liability insurance
policy, as described in ORS 806.080, or the amounts specified in ORS 806.070
for future responsibility payments for:
(a) Bodily injury to or
death of any one person to whom the transportation services are provided, in
any one accident.
(b) Bodily injury to or
death of two or more persons to whom the transportation services are provided,
in any one accident.
(c) Injury to or
destruction of the property of one or more persons to whom the transportation
services are provided, in any one accident.
(2) Notwithstanding the
amount specified in subsection (1)(b) of this section by reference to ORS
806.070, if a qualified provider of transportation services provides the
services to more than five persons, but not more than 16, at one time who [are disabled] have disabilities
or who are 55 years of age or older, under the conditions described in
subsection (4) of this section, the liability under subsection (1)(b) of this
section shall not exceed the greater of the amount of coverage under the terms
of the provider’s motor vehicle liability insurance policy or $300,000. The
limitations on liability provided by ORS 30.475, 30.480 and 30.485 do not apply
when volunteer transportation services are provided to 17 or more persons at
one time who [are disabled] have
disabilities or who are 55 years of age or older.
(3) The following
persons qualify for the limitation on liability under subsections (1) and (2)
of this section:
(a) The person who
provides or sponsors transportation services.
(b) The owner of the
vehicle in which transportation services are provided.
(c) The person who
operates the vehicle in which transportation services are provided.
(4) The limitation on
liability under subsections (1) and (2) of this section applies to a person
qualified under subsection (3) of this section only under the following
conditions:
(a) If the person is an
individual, the individual must hold a valid
(b) The person must
provide the transportation services on a nonprofit and voluntary basis.
However, this paragraph does not prohibit a sponsor of transportation services
from reimbursing an operator of a private motor vehicle providing the services
for actual expenses incurred by the operator. If an operator is paid, that
operator is qualified only if operating as an emergency operator.
(c) The person providing
the transportation services must not receive from the persons using the
services any substantial benefit in a material or business sense that is a
substantial motivating factor for the transportation. A contribution or
donation to the provider of the transportation services other than the operator
of the motor vehicle or any mere gratuity or social amenity shall not be a
substantial benefit under this paragraph.
(d) Except as provided
in paragraph (c) of this subsection, the transportation services must be
provided without charge to the person using the services.
(5) The amounts received
by a person [who is disabled or] with
a disability or a person 55 years of age or older under the personal injury
protection provisions of the insurance coverage of a person who qualifies for
the limitation on liability under this section shall not reduce the amount that
the person may recover under subsection (1) or (2) of this section.
(6) The liability of two
or more persons whose liability is limited under this section, on claims
arising out of a single accident, shall not exceed in the aggregate the amounts
limited by subsection (1) or (2) of this section.
(7) This section does
not apply in the case of an accident or injury if the accident or injury was
intentional on the part of any person who provided the transportation services
or if the accident or injury was caused by the person’s gross negligence or
intoxication. For purposes of this subsection, gross negligence is negligence
which is materially greater than the mere absence of reasonable care under the
circumstances, and which is characterized by conscious indifference to or
reckless disregard of the rights of others.
(8) For purposes of this
section, a person [is disabled] has
a disability if the person has a physical or mental disability that for the
person constitutes or results in a functional limitation to one or more of the
following activities: Self-care, ambulation, communication, transportation,
education, socialization or employment.
SECTION 11. ORS 40.272 is amended to read:
40.272. (1) As used in this section:
(a) [“Disabled person”] “Person with a disability”
means a person who cannot readily understand or communicate the spoken English
language, or cannot understand proceedings in which the person is involved,
because of deafness or because of a physical hearing impairment or cannot
communicate in the proceedings because of a physical speaking impairment.
(b) “Sign language
interpreter” or “interpreter” means a person who translates conversations or
other communications for a [disabled]
person with a disability or translates the statements of a [disabled] person with a disability.
(2) A [disabled] person with a disability
has a privilege to refuse to disclose and to prevent a sign language
interpreter from disclosing any communications to which the [disabled] person with a disability
was a party that were made while the interpreter was providing interpretation
services for the [disabled] person with
a disability. The privilege created by this section extends only to those
communications between a [disabled]
person with a disability and another, and translated by the interpreter,
that would otherwise be privileged under ORS 40.225 to 40.295.
SECTION 12. ORS 40.460 is amended to read:
40.460. The following
are not excluded by ORS 40.455, even though the declarant is available as a
witness:
(1) (Reserved.)
(2) A statement relating
to a startling event or condition made while the declarant was under the stress
of excitement caused by the event or condition.
(3) A statement of the
declarant’s then existing state of mind, emotion, sensation or physical
condition, such as intent, plan, motive, design, mental feeling, pain or bodily
health, but not including a statement of memory or belief to prove the fact
remembered or believed unless it relates to the execution, revocation,
identification, or terms of the declarant’s will.
(4) Statements made for
purposes of medical diagnosis or treatment and describing medical history, or
past or present symptoms, pain or sensations, or the inception or general
character of the cause of external source thereof insofar as reasonably
pertinent to diagnosis or treatment.
(5) A memorandum or
record concerning a matter about which a witness once had knowledge but now has
insufficient recollection to enable the witness to testify fully and
accurately, shown to have been made or adopted by the witness when the matter
was fresh in the memory of the witness and to reflect that knowledge correctly.
If admitted, the memorandum or record may be read into evidence but may not
itself be received as an exhibit unless offered by an adverse party.
(6) A memorandum,
report, record, or data compilation, in any form, of acts, events, conditions,
opinions, or diagnoses, made at or near the time by, or from information
transmitted by, a person with knowledge, if kept in the course of a regularly
conducted business activity, and if it was the regular practice of that
business activity to make the memorandum, report, record, or data compilation,
all as shown by the testimony of the custodian or other qualified witness,
unless the source of information or the method of circumstances of preparation
indicate lack of trustworthiness. The term “business” as used in this
subsection includes business, institution, association, profession, occupation,
and calling of every kind, whether or not conducted for profit.
(7) Evidence that a
matter is not included in the memoranda, reports, records, or data compilations,
and in any form, kept in accordance with the provisions of subsection (6) of
this section, to prove the nonoccurrence or nonexistence of the matter, if the
matter was of a kind of which a memorandum, report, record, or data compilation
was regularly made and preserved, unless the sources of information or other
circumstances indicate lack of trustworthiness.
(8) Records, reports,
statements, or data compilations, in any form, of public offices or agencies,
setting forth:
(a) The activities of the
office or agency;
(b) Matters observed
pursuant to duty imposed by law as to which matters there was a duty to report,
excluding however, in criminal cases matters observed by police officers and
other law enforcement personnel; or
(c) In civil actions and
proceedings and against the government in criminal cases, factual findings,
resulting from an investigation made pursuant to authority granted by law,
unless the sources of information or other circumstances indicate lack of
trustworthiness.
(9) Records or data
compilations, in any form, of births, fetal deaths, deaths or marriages, if the
report thereof was made to a public office pursuant to requirements of law.
(10) To prove the
absence of a record, report, statement, or data compilation, in any form, or
the nonoccurrence or nonexistence of a matter of which a record, report,
statement, or data compilation, in any form, was regularly made and preserved
by a public office or agency, evidence in the form of a certification in
accordance with ORS 40.510, or testimony, that diligent search failed to
disclose the record, report, statement, or data compilation, or entry.
(11) Statements of
births, marriages, divorces, deaths, legitimacy, ancestry, relationship by
blood or marriage, or other similar facts of personal or family history,
contained in a regularly kept record of a religious organization.
(12) A statement of fact
contained in a certificate that the maker performed a marriage or other
ceremony or administered a sacrament, made by a member of the clergy, public
official, or other person authorized by the rules or practices of a religious
organization or by law to perform the act certified, and purporting to have
been issued at the time of the act or within a reasonable time thereafter.
(13) Statements of facts
concerning personal or family history contained in family bibles, genealogies,
charts, engravings on rings, inscriptions on family portraits, engravings on
urns, crypts, or tombstones, or the like.
(14) The record of a
document purporting to establish or affect an interest in property, as proof of
content of the original recorded document and its execution and delivery by
each person by whom it purports to have been executed, if the record is a
record of a public office and an applicable statute authorizes the recording of
documents of that kind in that office.
(15) A statement
contained in a document purporting to establish or affect an interest in
property if the matter stated was relevant to the purpose of the document,
unless dealings with the property since the document was made have been
inconsistent with the truth of the statement or the purport of the document.
(16) Statements in a
document in existence 20 years or more the authenticity of which is
established.
(17) Market quotations,
tabulations, lists, directories, or other published compilations, generally
used and relied upon by the public or by persons in particular occupations.
(18) (Reserved.)
(18a)(a) A complaint of
sexual misconduct, complaint of abuse as defined in ORS 107.705 or 419B.005,
complaint of abuse of an elderly person, as those terms are defined in ORS
124.050, or a complaint relating to a violation of ORS 163.205 or 164.015 in
which a person 65 years of age or older is the victim, made by the witness
after the commission of the alleged misconduct or abuse at issue. Except as
provided in paragraph (b) of this subsection, such evidence must be confined to
the fact that the complaint was made.
(b) A statement made by
a person concerning an act of abuse as defined in ORS 107.705 or 419B.005, a
statement made by a person concerning an act of abuse of an elderly person, as
those terms are defined in ORS 124.050, or a statement made by a person
concerning a violation of ORS 163.205 or 164.015 in which a person 65 years of
age or older is the victim, is not excluded by ORS 40.455 if the declarant
either testifies at the proceeding and is subject to cross-examination, or is
unavailable as a witness but was chronologically or mentally under 12 years of
age when the statement was made or was 65 years of age or older when the
statement was made. However, if a declarant is unavailable, the statement may
be admitted in evidence only if the proponent establishes that the time,
content and circumstances of the statement provide indicia of reliability, and
in a criminal trial that there is corroborative evidence of the act of abuse
and of the alleged perpetrator’s opportunity to participate in the conduct and
that the statement possesses indicia of reliability as is constitutionally
required to be admitted. No statement may be admitted under this paragraph
unless the proponent of the statement makes known to the adverse party the
proponent’s intention to offer the statement and the particulars of the
statement no later than 15 days before trial, except for good cause shown. For
purposes of this paragraph, in addition to those situations described in ORS
40.465 (1), the declarant shall be considered “unavailable” if the declarant
has a substantial lack of memory of the subject matter of the statement, is
presently incompetent to testify, is unable to communicate about the abuse or
sexual conduct because of fear or other similar reason or is substantially
likely, as established by expert testimony, to suffer lasting severe emotional trauma
from testifying. Unless otherwise agreed by the parties, the court shall
examine the declarant in chambers and on the record or outside the presence of
the jury and on the record. The examination shall be conducted immediately
prior to the commencement of the trial in the presence of the attorney and the
legal guardian or other suitable person as designated by the court. If the
declarant is found to be unavailable, the court shall then determine the
admissibility of the evidence. The determinations shall be appealable under ORS
138.060 (1)(c) or (2)(a). The purpose of the
examination shall be to aid the court in making its findings regarding the
availability of the declarant as a witness and the reliability of the statement
of the declarant. In determining whether a statement possesses indicia of
reliability under this paragraph, the court may consider, but is not limited
to, the following factors:
(A) The personal
knowledge of the declarant of the event;
(B) The age and maturity
of the declarant or extent of disability if the declarant is a person with a
developmental [disabilities]
disability;
(C) Certainty that the
statement was made, including the credibility of the person testifying about
the statement and any motive the person may have to falsify or distort the
statement;
(D) Any apparent motive
the declarant may have to falsify or distort the event, including bias,
corruption or coercion;
(E) The timing of the
statement of the declarant;
(F) Whether more than
one person heard the statement;
(G) Whether the
declarant was suffering pain or distress when making the statement;
(H) Whether the
declarant’s young age or disability makes it unlikely that the declarant
fabricated a statement that represents a graphic, detailed account beyond the
knowledge and experience of the declarant;
(I) Whether the
statement has internal consistency or coherence and uses terminology
appropriate to the declarant’s age or to the extent of the declarant’s
disability if the declarant is a person with a developmental [disabilities] disability;
(J) Whether the
statement is spontaneous or directly responsive to questions; and
(K) Whether the
statement was elicited by leading questions.
(c) This subsection
applies to all civil, criminal and juvenile proceedings.
(d) This subsection
applies to a child declarant, a declarant who is an elderly person as defined
in ORS 124.050 or an adult declarant with a developmental [disabilities] disability. For the
purposes of this subsection, “developmental [disabilities] disability” means any disability attributable
to mental retardation, autism, cerebral palsy, epilepsy or other disabling
neurological condition that requires training or support similar to that
required by persons with mental retardation, if either of the following apply:
(A) The disability
originates before the person attains 22 years of age, or if the disability is
attributable to mental retardation the condition is manifested before the
person attains 18 years of age, the disability can be expected to continue indefinitely,
and the disability constitutes a substantial handicap to the ability of the
person to function in society.
(B) The disability
results in a significant subaverage general intellectual functioning with
concurrent deficits in adaptive behavior that are manifested during the
developmental period.
(19) Reputation among
members of a person’s family by blood, adoption or marriage, or among a person’s
associates, or in the community, concerning a person’s birth, adoption,
marriage, divorce, death, legitimacy, relationship by blood or adoption or
marriage, ancestry, or other similar fact of a person’s personal or family
history.
(20) Reputation in a
community, arising before the controversy, as to boundaries of or customs
affecting lands in the community, and reputation as to events of general
history important to the community or state or nation in which located.
(21) Reputation of a
person’s character among associates of the person or in the community.
(22) Evidence of a final
judgment, entered after a trial or upon a plea of guilty, but not upon a plea
of no contest, adjudging a person guilty of a crime other than a traffic
offense, to prove any fact essential to sustain the judgment, but not
including, when offered by the government in a criminal prosecution for
purposes other than impeachment, judgments against persons other than the
accused. The pendency of an appeal may be shown but does not affect
admissibility.
(23) Judgments as proof
of matters of personal, family or general history, or boundaries, essential to
the judgment, if the same would be provable by evidence of reputation.
(24) Notwithstanding the
limits contained in subsection (18a) of this section, in any proceeding in
which a child under 12 years of age at the time of trial, or a person with a
developmental [disabilities] disability
as described in subsection (18a)(d) of this section, may be called as a witness
to testify concerning an act of abuse, as defined in ORS 419B.005, or sexual
conduct performed with or on the child or person with a developmental [disabilities] disability by
another, the testimony of the child or person with a developmental [disabilities] disability taken by
contemporaneous examination and cross-examination in another place under the
supervision of the trial judge and communicated to the courtroom by
closed-circuit television or other audiovisual means. Testimony will be allowed
as provided in this subsection only if the court finds that there is a
substantial likelihood, established by expert testimony, that the child or
person with a developmental [disabilities]
disability will suffer severe emotional or psychological harm if
required to testify in open court. If the court makes such a finding, the
court, on motion of a party, the child, the person with a developmental
[disabilities] disability or
the court in a civil proceeding, or on motion of the district attorney, the
child or the person with a developmental [disabilities] disability in a criminal or juvenile
proceeding, may order that the testimony of the child or the person with a
developmental [disabilities] disability
be taken as described in this subsection. Only the judge, the attorneys for the
parties, the parties, individuals necessary to operate the equipment and any
individual the court finds would contribute to the welfare and well-being of
the child or person with a developmental [disabilities] disability may be present during the testimony
of the child or person with a developmental [disabilities] disability.
(25)(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
(4), 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 an
electronic signature adopted by the Oregon State Police if the person receiving
the data attests that the document accurately reflects the data received.
(c) Notwithstanding any
statute or rule to the contrary, in any criminal case in which documents are
introduced under the provisions of this subsection, the defendant may subpoena
the analyst, as defined in ORS 475.235 (6), or other person that generated or
keeps the original document for the purpose of testifying at the preliminary
hearing and trial of the issue. Except as provided in ORS 44.550 to 44.566, no
charge shall be made to the defendant for the appearance of the analyst or
other person.
(26)(a) A statement that
purports to narrate, describe, report or explain an incident of domestic
violence, as defined in ORS 135.230, made by a victim of the domestic violence
within 24 hours after the incident occurred, if the statement:
(A) Was recorded, either
electronically or in writing, or was made to a peace officer as defined in ORS
161.015, corrections officer, youth correction officer, parole and probation
officer, emergency medical technician or firefighter; and
(B) Has
sufficient indicia of reliability.
(b) In determining
whether a statement has sufficient indicia of reliability under paragraph (a)
of this subsection, the court shall consider all circumstances surrounding the
statement. The court may consider, but is not limited to, the following factors
in determining whether a statement has sufficient indicia of reliability:
(A) The personal knowledge
of the declarant.
(B) Whether the
statement is corroborated by evidence other than statements that are subject to
admission only pursuant to this subsection.
(C) The timing of the
statement.
(D) Whether the
statement was elicited by leading questions.
(E) Subsequent
statements made by the declarant. Recantation by a declarant is not sufficient
reason for denying admission of a statement under this subsection in the
absence of other factors indicating unreliability.
(27) A report prepared
by a forensic scientist that contains the results of a presumptive test
conducted by the forensic scientist as described in ORS 475.235, if the
forensic scientist attests that the report accurately reflects the results of
the presumptive test.
(28)(a) A statement not
specifically covered by any of the foregoing exceptions but having equivalent
circumstantial guarantees of trustworthiness, if the court determines that:
(A) The statement is
relevant;
(B) The statement is
more probative on the point for which it is offered than any other evidence
that the proponent can procure through reasonable efforts; and
(C) The general purposes
of the Oregon Evidence Code and the interests of justice will best be served by
admission of the statement into evidence.
(b) A statement may not
be admitted under this subsection unless the proponent of it makes known to the
adverse party the intention to offer the statement and the particulars of it,
including the name and address of the declarant, sufficiently in advance of the
trial or hearing, or as soon as practicable after it becomes apparent that such
statement is probative of the issues at hand, to provide the adverse party with
a fair opportunity to prepare to meet it.
SECTION 13. ORS 45.285 is amended to read:
45.285. (1) For the purposes of this section:
(a) “Assistive
communication device” means any equipment designed to facilitate communication
by a person with a disability.
(b) “Hearing officer”
includes an administrative law judge.
(c) “Person with a
disability” means a person who cannot readily understand the proceedings
because of deafness or a physical hearing impairment, or cannot communicate in
the proceedings because of a physical speaking impairment.
(d) “Qualified
interpreter” means a person who is readily able to communicate with the person
with a disability, interpret the proceedings and accurately repeat and
interpret the statements of the person with a disability to the court.
[(1)] (2) In any civil action, adjudicatory proceeding or
criminal proceeding, including a court-ordered deposition if no other person is
responsible for providing an interpreter, in which a [disabled] person with a disability is a party or witness,
the court, hearing officer or the designee of the hearing officer shall appoint
a qualified interpreter and make available appropriate assistive communication
devices whenever it is necessary to interpret the proceedings to the [disabled] person with a disability,
or to interpret the testimony of the [disabled]
person with a disability.
[(2)] (3) No fee shall be charged
to the [disabled] person with a
disability for the appointment of an interpreter or use of an assistive
communication device under this section. No fee shall be charged to any
person for the appointment of an interpreter or the use of an assistive
communication device if appointment or use is made to determine whether the
person [is disabled] has a
disability for the purposes of this section.
[(3)] (4) Fair compensation for the services of an
interpreter or the cost of an assistive communication device under this section
shall be paid:
(a) By the county,
subject to the approval of the terms of the contract by the governing body of
the county, in a proceeding in a county or justice court.
(b) By the city, subject
to the approval of the terms of the contract by the governing body of the city,
in a proceeding in a municipal court.
(c) By the state in a
proceeding in a circuit court. Amounts payable by the state shall be from funds
available to the court other than the Public Defense Services Account
established by ORS 151.225, except that fees of an interpreter necessary for
the purpose of communication between appointed counsel and a client or witness
in a criminal case shall be payable from that account.
(d) By the agency in an
adjudicatory proceeding.
[(4) For the purposes of this section:]
[(a) “Assistive communication device” means any
equipment designed to facilitate communication by a disabled person.]
[(b) “Disabled person” means a person who cannot readily understand the
proceedings because of deafness or a physical hearing impairment, or cannot
communicate in the proceedings because of a physical speaking impairment.]
[(c) “Hearing officer” includes an administrative law judge.]
[(d) “Qualified interpreter” means a person who is readily able to
communicate with the disabled person, interpret the proceedings and accurately
repeat and interpret the statements of the disabled person to the court.]
SECTION 14. ORS 45.288 is amended to read:
45.288. (1) For the purposes of this section:
(a) “Hearing officer”
includes an administrative law judge.
(b) “Non-English-speaking
person” has the meaning given that term in ORS 45.275.
(c) “Person with a
disability” has the meaning given that term in ORS 45.285.
(d) “Qualified
interpreter” means a person who meets the requirements of ORS 45.285 for an
interpreter for a person with a disability, or a person who meets the
requirements of ORS 45.275 for an interpreter for a non-English-speaking
person.
[(1)] (2) Except as provided by this section, whenever a
court is required to appoint an interpreter for any person in a proceeding
before the court, or whenever a hearing officer is required to appoint an
interpreter in an adjudicatory proceeding, the court, hearing officer or the
designee of the hearing officer shall appoint a qualified interpreter who has
been certified under ORS 45.291. If no certified interpreter is available, able
or willing to serve, the court, hearing officer or the designee of the hearing
officer shall appoint a qualified interpreter. Upon request of a party or
witness, the court, hearing officer or designee of the hearing officer, in the
discretion of the court, hearing officer or the designee of the hearing
officer, may appoint a qualified interpreter to act as an interpreter in lieu
of a certified interpreter in any case or adjudicatory proceeding.
[(2)] (3) The requirements of this section apply to
appointments of interpreters for [disabled]
persons with disabilities [, as
defined in ORS 45.285,] and for non-English-speaking persons[, as defined in ORS 45.275].
[(3)] (4) The court, hearing officer or the designee of the
hearing officer may not appoint any person under ORS 45.272 to 45.297 or
132.090 if:
(a) The person has a
conflict of interest with any of the parties or witnesses in the proceeding;
(b) The person is unable
to understand the judge, hearing officer, party or witness, or cannot be
understood by the judge, hearing officer, party or witness; or
(c) The person is unable
to work cooperatively with the judge of the court, the hearing officer, the
person in need of an interpreter or the counsel for that person.
[(4)] (5) The Supreme Court shall adopt a code of
professional responsibility for interpreters. The code is binding on all interpreters
who provide interpreter services in the courts or in adjudicatory proceedings
before agencies.
[(5) For the purposes of this section:]
[(a) “Hearing officer” includes an
administrative law judge.]
[(b) “Qualified interpreter” means a person who meets the requirements
of ORS 45.285 for a disabled person, or a person who meets the requirements of
ORS 45.275 for a non-English-speaking person.]
SECTION 15. ORS 45.291 is amended to read:
45.291. (1) Subject to
the availability of funding, the State Court Administrator shall establish a
program for the certification of court interpreters. The program shall be
established by rules adopted pursuant to ORS 1.002 and shall include, but not
be limited to, provisions for:
(a) Prescribing the form
and content of applications for certification;
(b) Prescribing and
collecting reasonable fees for the application, examination, certification and
renewal of certification for court interpreters;
(c) Establishing
categories of certificates based on the nature of the interpreter services to
be provided, including categories for interpreters for [disabled] persons with disabilities, as defined in ORS
45.285, and for interpreters for non-English-speaking persons, as defined in
ORS 45.275;
(d) Establishing minimum
competency requirements for court interpreters in the various categories of
certification;
(e) Establishing
teaching programs designed to educate court interpreters in ethical,
substantive and procedural legal issues;
(f) Prescribing the form
of and administering examinations for the purpose of testing court interpreters
for competency and ethics;
(g) Establishing grounds
for renewal, suspension or cancellation of certificates;
(h) Establishing a
process for receiving comments and input into the policy and procedures of the
certification program;
(i) Establishing a
process for receiving comments and input on compliance with ORS 45.272 to
45.297;
(j) Establishing a
process for receiving comments and input on compliance with the code of
professional responsibility adopted under ORS 45.288; and
(k) Establishing a
process by which an adversely affected interpreter may seek review of any
decision made by the State Court Administrator on renewal, suspension or
cancellation of a certificate.
(2) An interpreter may
be certified in
SECTION 16. ORS 67.055 is amended to read:
67.055. (1) Except as
otherwise provided in subsection (3) of this section, the association of two or
more persons to carry on as co-owners a business for profit creates a
partnership, whether or not the persons intend to create a partnership.
(2) A partnership may be
created under this chapter, a predecessor statute or a comparable law of
another jurisdiction.
(3) An association or
entity created under a law other than the laws described in
subsection (2) of this section is not a partnership.
(4) In determining
whether a partnership is created, the following rules apply:
(a) Factors indicating
that persons have created a partnership include:
(A) Their receipt of or
right to receive a share of profits of the business;
(B) Their expression of an intent to be partners in the business;
(C) Their participation
or right to participate in control of the business;
(D) Their sharing or
agreeing to share losses of the business or liability for claims by third
parties against the business; and
(E) Their contributing
or agreeing to contribute money or property to the business.
(b) Joint tenancy,
tenancy in common, tenancy by the entireties, joint property, common property
or part ownership does not by itself create a partnership, even if the
co-owners share profits made by the use of the property.
(c) The sharing of gross
returns does not by itself create a partnership, even if the persons sharing
them have a joint or common right or interest in property from which the
returns are derived.
(d) It is a rebuttable
presumption that a person who receives a share of the profits of a business is
a partner in the business, unless the profits were received in payment of:
(A) A debt by
installments or otherwise;
(B) Wages or other
compensation to an employee or independent contractor;
(C) Rent;
(D) Amounts owing to a
former partner, a beneficiary, representative or designee of a deceased [or disabled] partner or a partner
with a disability, or a transferee of a partnership interest;
(E) Interest or other
charge on a loan, whether or not the amount of payment varies with the profits
of the business, and whether or not the loan agreement or instrument includes a
direct or indirect present or future ownership interest in collateral or rights
to income, proceeds or increase in value derived from collateral; or
(F) Consideration for
the sale of a business, including goodwill, or other property by installments
or otherwise.
(e) An agreement to
share losses by the owners of a business is not necessary to create a
partnership.
SECTION 17. ORS 87.512 is amended to read:
87.512. The notice of
lien required under ORS 87.507 shall be a written statement verified by the
oath of an officer of the long term care facility that asserts a claim for the
lien and that contains:
(1) A true statement of
demand, including an itemized statement of services provided and setting forth
the amount due and owing to the long term care facility as of the date of the
notice, after deducting all credits and offsets;
(2) The name of the
individual who received care;
(3) The name, address
and telephone number of the long term care facility;
(4) A statement that the
amount claimed is a true and bona fide existing debt as of the date of filing
the notice of lien;
(5) A statement that the
lien may cover contracted services provided by the long term care facility
subsequent to the services itemized under subsection (1) of this section and
that interested persons may obtain information on the current amount due under
the lien by contacting the long term care facility;
(6) A statement that the
long term care facility has given the individual or an authorized
representative a written summary of the requirements and procedures for
establishing eligibility for Medicaid, including the right to an assessment
that determines the extent of spouses’ nonexempt resources at the time of
institutionalization and attributes to the community spouse an equitable share
of the resources that can not be considered available for payment of costs for
the medical care of the institutionalized spouse in the process of spending
down to Medicaid eligibility levels. The written statement shall be given no
fewer than 30 days and no more than 60 days before the notice of lien is filed.
The long term care facility may meet the requirement of this subsection by
providing written materials relating to Medicaid eligibility for long term care
services for [disabled] persons with
disabilities and elderly persons used by the Department of Human Services;
and
(7) A description of the
real property to be charged with the lien that complies with ORS 93.600.
SECTION 18. ORS 87.527 is amended to read:
87.527. Notwithstanding
ORS 87.503 (1):
(1) A lien created by
ORS 87.503 on the home of a living individual who received care may not be
foreclosed for as long as any of the following individuals reside in the home:
(a) The individual who
received care.
(b) The spouse of the
individual.
(c) A [minor or disabled] child of the individual,
if the child is a minor or has a disability.
(d) A sibling of the
individual who has an equity interest in the home, but only when the sibling
continuously resided in the home during the calendar year immediately preceding
the date on which the individual first received care.
(e) Any other child of
the individual, but only when the child continuously resided in the home during
the two-year period immediately preceding the date on which the individual
first received care and provided assistance during that period that delayed the
need for care.
(2) A lien created by
ORS 87.503 on the home of a deceased individual who received care may not be
foreclosed for as long as any of the following individuals reside in the home:
(a) The surviving spouse
of the individual.
(b) A [minor or disabled] child of the
individual, if the child is a minor or has a disability.
(c) A sibling of the
individual, but only when the sibling continuously resided in the home during
the calendar year immediately preceding the date on which the individual first
received care.
(d) Any other child of
the individual, but only when the child continuously resided in the home during
the two-year period immediately preceding the date on which the individual
first received care and provided assistance during that period that delayed the
need for care.
(3) A lien created by
ORS 87.503 on other real property of a deceased individual may not be
foreclosed while there is:
(a) A surviving spouse; or
(b) [minor or disabled Children] A child of
the individual, if the child is a minor or has a disability.
SECTION 19. ORS 87.603 is amended to read:
87.603. As used in ORS
87.603 to 87.633, unless the context requires otherwise:
(1) “Ambulance” has the
meaning given that term in ORS 682.025.
(2) “Ambulance services”
includes the transportation of an individual who is ill[,] or injured or [disabled individual] who has a
disability in an ambulance and the administration of medical or emergency
care, if necessary, while the individual is being transported.
(3) “Governmental unit”
means the state, any county, city or other municipal corporation or any
department, board or other agency of any of them.
SECTION 20. ORS 93.270 is amended to read:
93.270. (1) [No] A person conveying or
contracting to convey fee title to real property [shall] may not include in an instrument for such purpose a
provision:
(a) Restricting the use
of the real property by any person or group of persons by reason of color,
race, religion, national origin or physical or mental [handicap] disability.
(b) Restricting the use
of the real property by any home or facility that is licensed by or under the
authority of the department under ORS 443.400 to 443.455 or 443.705 to 443.825
to provide residential care alone or in conjunction with treatment or training
or a combination thereof.
(2) Any such provision
in an instrument executed in violation of subsection (1) of this section is
void and unenforceable.
(3) [No] An instrument that contains a
provision restricting the use of real property in a manner listed in subsection
(1)(b) of this section [shall] does
not give rise to any public or private right of action to enforce the
restriction.
(4)(a) [No] An instrument that contains a
provision restricting the use of real property by requiring roofing materials
with a lower fire rating than that required in the state building code
established under ORS chapter 455 [shall]
does not give rise to any public or private right of action to enforce
the restriction in an area determined by a local jurisdiction as a wildfire
hazard zone. Prohibitions on public or private right of action under this
paragraph are limited solely to considerations of fire rating.
(b) As used in this
subsection, “wildfire hazard zones” are areas that are legally declared by a
governmental agency having jurisdiction over the area to have special hazards
caused by a combination of combustible natural fuels, topography and climatic
conditions that result in a significant hazard of catastrophic fire over
relatively long periods each year. Wildfire hazard zones shall be determined
using criteria established by the State Forestry Department.
SECTION 21. ORS 107.500 is amended to read:
107.500. Each circuit
court shall make available with appropriate forms an instructional brochure
prescribed by the State Court Administrator and describing the procedures set
forth in this section and ORS 107.485 and 107.490. The content of the forms
used pursuant to this section and ORS 107.485 and 107.490 shall be
substantially as follows:
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) PETITION FOR
) SUMMARY
) DISSOLUTION
and ) OF MARRIAGE
)
_________, )
Respondent. )
)
1. (____________,
Petitioner,) (____________, Respondent,) has been a resident of
2. Statistical Facts:
a. Date of marriage:
___________________
b. Place of marriage:
___________________
c. Wife’s address:
___________________
d. Wife’s maiden name:
___________________
e. Wife’s former legal
names:
___________________
f. Wife’s age:
___________________
g. Husband’s address:
___________________
h. Husband’s former
legal names:
___________________
i. Husband’s age:
___________________
3. My spouse and I have
not been married more than 10 years.
4. Petitioner does not
know of any pending (not yet decided by a judge) domestic relations suits
involving this marriage in this or any other state.
5. There are no minor
children born to the parties or born during the marriage. There are no adopted
minor children. The wife is not now pregnant.
6. Petitioner requests a dissolution because irreconcilable differences between the
parties have caused the irremediable breakdown of the marriage.
7. The personal property
of the parties is not worth more than $30,000. Petitioner requests that the
Court divide the property as follows:
(a) The wife should be
awarded the following personal property:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Additional pages have
been attached and labeled “7a. continued.”
(b) The husband should
be awarded the following personal property:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Additional pages have
been attached and labeled “7b. continued.”
(c) The husband and wife
should each sign any documents necessary to remove his or her name as owner of
personal property awarded to the other party.
8. Neither the husband
nor the wife own any real property.
9. The debts incurred by
the husband and wife together or separately from the date of the marriage are
not greater than $15,000.
Petitioner requests the
following division of debts:
(a) The wife be required to pay the debts listed below. The husband is
awarded a judgment against the wife in the sum of $______. The wife can satisfy
this judgment by paying off the following debts:
Name of
Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________
(b) The husband be required to pay the debts listed below. The wife is
awarded a judgment against the husband in the sum of $______. The husband can
satisfy the judgment by paying off the following debts:
Name of
Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________
10. I relinquish all
rights I may have to spousal support and waive any right to pendente lite
orders (temporary orders) except those pursuant to ORS 107.700 to 107.735 (the
Family Abuse Prevention Act) or 124.005 to 124.040 (the Elderly Persons and
Persons With Disabilities Abuse Prevention Act).
(Complete only if
petitioner is paying fees and wants reimbursement from spouse or if fees are
being deferred for the petitioner.)
11. (a) If petitioner
has paid court costs and service fees, petitioner requests that costs and fees
paid by petitioner be repaid by respondent spouse, ________, and that a
judgment in the amount of such costs and fees be entered in favor of
petitioner, ________, in the amount of $______.
(b) If fees are being
deferred for petitioner:
Petitioner requests that
judgment be entered against
(____________, Petitioner)
(____________, Respondent) in favor of the
state in the amount of $______.
12. Petitioner requests
that:
wife’s legal name be restored to
__________________
husband’s legal name be restored to
__________________
________________
(Petitioner’s signature)
Address:
________________
________________
________________
Telephone:__________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) SUMMONS FOR SUMMARY
) DISSOLUTION
) Marriage Dissolution Suit
and )
)
_________, )
Respondent. )
)
TO: Name
of Respondent
__________________
Address of Respondent
__________________
______________,
YOU HAVE BEEN SUED. The
court may decide against you without your being heard unless you respond within
30 days of the day you received these papers. Read the information below.
NOTICE TO RESPONDENT:
READ THESE PAPERS
CAREFULLY
Your spouse has filed a
petition with the court to end your marriage and asking to divide your property
and debts, if any. You must “appear” in this case or the court will grant your
spouse’s requests. To “appear,” you must file with the court a legal paper
called a “motion” or “answer.” The “motion” or “answer” must be given to the
Court Clerk or Administrator at: (location) _____________ within 30 days of the
day you received these papers, along with the required filing fee. The “motion”
or “answer” must be in proper form and you must show that your spouse has been
served with a copy of it.
________________
Name of Petitioner
________________
Address of Petitioner
________________
City/State/Zip Code
Important Information
about Respondent (A recent photo may be attached in addition to the
requested information.)
Height:______________
Weight:______________
Race:______________
Date of Birth:__________
Automobile license number and description:
_____________________
Other identifying information:
_____________________
Best time and place to locate:
_____________________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) AFFIDAVIT OF PROOF
) OF SERVICE
)
and )
)
_________, )
Respondent. )
)
STATE OF
) ss.
County of )
I, __________________,
swear/affirm under oath that:
I am a resident of the
State of
__________________
Signature of __________
SUBSCRIBED AND SWORN TO
before me this ____ day of ________, 2__.
_________________
NOTARY PUBLIC FOR
My Commission Expires: ____
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) MOTION AND ORDER FOR
) WAIVER OF FEES
)
and )
)
_________, )
Respondent. )
)
Petitioner moves the
Court for an order waiving payment of filing fees, service fees, and other
costs.
______________
Petitioner
POINTS AND AUTHORITIES
ORS 21.605; the Court
shall waive all fees and costs if the Court finds that the party is unable to
pay such fees and costs.
ORDER
IT IS SO ORDERED.
DATED:
This ___ day of ____, 2__.
______________
COURT
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) AFFIDAVIT FOR
) WAIVER OF
and ) FEES AND COSTS
)
_________, )
Respondent. )
)
STATE OF
) ss.
County of )
I, __________________,
being first duly sworn upon oath, depose and declare that I am the petitioner
for a Judgment of Summary Dissolution and am unable to pay necessary filing
fees, service fees and court costs. My total monthly income from all sources is
$________. I have $________ as assets and $________ as savings. I support ____
people. My monthly expenses are $____ housing, $____ food, $____ utilities, $____
transportation, $____ laundry, cleaning and personal requirements, $____
medical expenses, $____ clothing, $____ telephone, $____ total installment
payments, $____ other expenses, for total monthly expenses of $________.
________________
Signature of __________
SUBSCRIBED AND SWORN TO
before me this ____ day of ________, 2__.
_________________
NOTARY PUBLIC FOR
My Commission Expires ______
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) PETITIONER’S
) AFFIDAVIT, MOTION
) AND ORDER FOR
and ) DEFAULT JUDGMENT
) OF DISSOLUTION
)
_________, )
Respondent. )
)
STATE OF
) ss.
County of )
I, ____, swear/affirm
under oath that:
I am the Petitioner. The
Respondent is not now nor was at the time of the commencement of this suit in
the military service of the United States; nor is the Respondent a [legally mentally incapacitated] person who
is legally mentally incapacitated; nor is the Respondent under 18 years of
age.
The Respondent was
served with Summons and Petition for Dissolution on the ____ day of ________, 2__,
in
________________
Petitioner
SUBSCRIBED AND SWORN TO
before me this ___ day of ________, 2__.
_________________
NOTARY PUBLIC FOR
My Commission Expires ____
Petitioner moves the
Court for an Order entering the default of Respondent.
________________
Petitioner
________________
Address of Petitioner
________________
City, State Zip
ORDER
IT IS SO ORDERED.
DATED:
This ___ day of ____, 2__.
______________
CIRCUIT COURT JUDGE
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF _________
In the Matter of )
the Marriage of )
) No._________
_________, )
Petitioner, ) JUDGMENT OF
) SUMMARY DISSOLUTION
)
and )
)
_________, )
Respondent. )
)
)
Statistical Facts:
a. Date of marriage:
___________________
b. Place of marriage:
___________________
c. Wife’s address:
___________________
d. Wife’s maiden name:
___________________
e. Wife’s former legal
names:
___________________
f. Wife’s age:
___________________
g. Husband’s address:
___________________
h. Husband’s former
legal names:
___________________
i. Husband’s age:
___________________
This matter came before
the Court for default. Petitioner appeared (in person) (by affidavit),
and Respondent did not appear. THE COURT HAS BEEN FULLY ADVISED, AND JUDGMENT
IS RENDERED AS FOLLOWS:
1. Dissolution:
This marriage is dissolved and shall terminate on __________.
2. Prior Wills:
Any will previously executed by either spouse with provisions in favor of the other
spouse is revoked with respect to those provisions, unless the will expresses a
different intent.
3. Division of
Property: (a) The wife is awarded and shall own by
herself the following personal property:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Additional pages have
been attached as C-1.
(b) The husband is
awarded and shall own by himself the following personal property:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Additional pages have
been attached as C-2.
(c) Husband and wife
each shall sign any documents necessary to remove his or her name as owner of
personal property awarded to the other. If either fails to sign the necessary
documents, a certified copy of the Judgment shall serve as a conveyance of the
property.
4. Payment of Debts:
(a) The wife shall pay the debts listed below. The
husband is awarded a judgment against the wife in the sum of $______. The wife
can satisfy this judgment by paying the following debts:
Name of
Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________
Additional pages have been added as D-1.
(b) The husband shall
pay the debts listed below. The wife is awarded a judgment against the husband
in the sum of $______. The husband can satisfy the judgment by paying the
following debts:
Name of
Creditor Amount Owed
____________ ________
____________ ________
____________ ________
____________ ________
Additional pages have been added as D-2.
5. The wife shall have
her former legal name restored. The restored name is:
___________________.
The husband shall have
his former legal name restored. The restored name is:
___________________.
6. A judgment against (the
husband) (the wife) for court costs and service fees in the amount of $______
is awarded to (the husband) (the wife) (this state if fees were waived or
deferred).
DATED:
This ___ day of ____, 2__.
______________
CIRCUIT COURT JUDGE
______________________________________________________________________________
SECTION 21a. If Senate Bill 269 becomes law, section 21
of this 2007 Act (amending ORS 107.500) is repealed.
SECTION 22. ORS 109.322 is amended to read:
109.322. (1) If a parent
has been adjudged mentally ill or mentally [deficient]
retarded and remains so at the time of the adoption proceedings, or if a
parent is imprisoned in a state or federal prison under a sentence for a term
of not less than three years and has actually served three years, the
petitioner, in accordance with ORS 109.330, shall serve on the parent, if the
parent has not consented in writing to the adoption, a summons and a motion and
order to show cause why the adoption of the child should not be ordered without
the parent’s consent.
(2) In the case of a
parent adjudged mentally ill or mentally [deficient]
retarded, the petitioner shall also serve the summons and the motion and
order to show cause upon the guardian of the parent. If the parent has no
guardian, the court shall appoint a guardian ad litem to appear for the parent
in the adoption proceedings.
(3) Upon hearing, if the
court finds that the adoption is in the best interests of the child, the
consent of the [mentally ill, mentally
deficient or imprisoned] parent who is imprisoned or adjudged mentally
ill or mentally retarded is not required, and the court may proceed
regardless of the objection of the parent.
(4) This section does
not apply when consent is given in loco parentis under ORS 109.316 or 109.318.
SECTION 23. ORS 116.253 is amended to read:
116.253. (1) Within 10
years after the death of a decedent whose estate escheated in whole or in part
to the state, or within eight years after the entry of a judgment or order
escheating property of an estate to the state, a claim may be made for the
property escheated, or the proceeds thereof, by or on behalf of a person not
having actual knowledge of the escheat or by or on behalf of a person who at
the time of the escheat was unable to prove entitlement to the escheated
property.
(2) The claim shall be
made by a petition filed with the Director of the Department of State Lands.
The claim is considered a contested case as provided in ORS 183.310 and there
is the right of judicial review as provided in ORS 183.480. The petition shall
be verified in the same manner as a petition in probate and shall state:
(a) The age and place of
residence of the claimant by whom or on whose behalf the petition is filed;
(b) That the claimant
lawfully is entitled to the property or proceeds, briefly describing the
property or proceeds;
(c) That at the time the
property escheated to the state the claimant had no knowledge or notice thereof
or was unable to prove entitlement to the escheated property and has
subsequently acquired new evidence of that entitlement;
(d) That the claimant
claims the property or proceeds as an heir or devisee or as the personal
representative of the estate of an heir or devisee, setting forth the
relationship, if any, of the claimant to the decedent who at the time of death
was the owner;
(e) That 10 years have
not elapsed since the death of the decedent, or that eight years have not
elapsed since the entry of the judgment or order escheating the property to the
state; and
(f) If the petition is
not filed by the claimant, the status of the petitioner.
(3) If it is determined that
the claimant is entitled to the property or the proceeds thereof, the Director
of the Department of State Lands shall deliver the property to the petitioner,
subject to and charged with any tax on the property and the costs and expenses
of the state in connection therewith.
(4) If the person whose
property escheated or reverted to the state was at any time an inmate of a
state institution in Oregon for [the
mentally ill or mentally deficient] persons with mental illness or
mental retardation, the reasonable unpaid cost, as determined by the
Department of Human Services, of the care and maintenance of the person while a
ward of the institution, regardless of when the cost was incurred, may be
deducted from, or, if necessary, be offset in full against, the amount of the
escheated property.
(5) For the purposes of
this section, the death of the decedent is presumed to have occurred on the
date shown in the decedent’s death certificate or in any other similar document
issued by the jurisdiction in which the death occurred or issued by an agency
of the federal government.
SECTION 24. ORS 124.005 is amended to read:
124.005. As used in ORS
124.005 to 124.040:
(1) “Abuse” means one or
more of the following:
(a) Any physical injury
caused by other than accidental means, or that appears to be at variance with
the explanation given of the injury.
(b) Neglect that leads
to physical harm through withholding of services necessary to maintain health
and well-being.
(c) Abandonment,
including desertion or willful forsaking of an elderly person or a person with
[disabilities] a disability or
the withdrawal or neglect of duties and obligations owed an elderly person or a
person with [disabilities] a
disability by a caregiver or other person.
(d) Willful infliction
of physical pain or injury.
(e) Use of derogatory or
inappropriate names, phrases or profanity, ridicule, harassment, coercion,
threats, cursing, intimidation or inappropriate sexual comments or conduct of
such a nature as to threaten significant physical or emotional harm to the
elderly person or person with [disabilities]
a disability.
(f) Causing any
sweepstakes promotion to be mailed to an elderly person or a person with [disabilities] a disability who
had received sweepstakes promotional material in the United States mail, spent
more than $500 in the preceding year on any sweepstakes promotions, or any
combination of sweepstakes promotions from the same service, regardless of the
identities of the originators of the sweepstakes promotion and who represented
to the court that the person felt the need for the court’s assistance to
prevent the person from incurring further expense.
(g) Wrongfully taking or
appropriating money or property, or knowingly subjecting an elderly person or
person with [disabilities] a
disability to alarm by conveying a threat to wrongfully take or appropriate
money or property, which threat reasonably would be expected to cause the
elderly person or person with [disabilities]
a disability to believe that the threat will be carried out.
(h) Sexual contact with
a nonconsenting elderly person or person with [disabilities] a disability or with an elderly person or
person with [disabilities] a
disability considered incapable of consenting to a sexual act as described
in ORS 163.315. As used in this paragraph, “sexual contact” has the meaning
given that term in ORS 163.305.
(2) “Elderly person”
means any person 65 years of age or older who is not subject to the provisions
of ORS 441.640 to 441.665.
(3) “Guardian petitioner”
means a guardian or guardian ad litem for an elderly person or a person with [disabilities] a disability who
files a petition under ORS 124.005 to 124.040 on behalf of the elderly person
or person with [disabilities] a
disability.
(4) “Interfere” means to
interpose in a way that hinders or impedes.
(5) “Intimidate” means
to compel or deter conduct by a threat.
(6) “Menace” means to
act in a threatening manner.
(7) “Molest” means to
annoy, disturb or persecute with hostile intent or injurious effect.
(8) “Person with [disabilities] a disability” means
a person described in:
(a) ORS 410.040 [(5)(b)]
(7)(b); or
(b) ORS 410.715.
(9) “Petitioner” means
an elderly person or a person with [disabilities]
a disability who files a petition under ORS 124.005 to 124.040.
(10) “Sweepstakes”
means:
(a) A procedure for
awarding a prize that is based on chance;
(b) A procedure in which
a person is required to purchase anything, pay anything of value or make a
donation as a condition of winning a prize or of receiving or obtaining
information about a prize; or
(c) A procedure that is
advertised in a way that creates a reasonable impression that a payment of
anything of value, purchase of anything or making a donation is a condition of
winning a prize or receiving or obtaining information about a prize.
(11) “Sweepstakes
promotion” means an offer to participate in a sweepstakes.
SECTION 25. ORS 124.010 is amended to read:
124.010. (1)(a) Except
as provided in subsection (8) of this section, an elderly person or a person with
[disabilities] a disability
who has been the victim of abuse within the preceding 180 days or a guardian or
guardian ad litem of an elderly person or a person with [disabilities] a disability who has been the victim of abuse
within the preceding 180 days may petition the circuit court for relief under
ORS 124.005 to 124.040, if the [elderly]
person [or person with disabilities]
is in immediate and present danger of further abuse from the abuser.
(b) The elderly person
or person with [disabilities] a disability
or the guardian or guardian ad litem of the [elderly] person [or person
with disabilities] may seek relief by filing a petition with the circuit
court alleging that the [elderly]
person [or person with disabilities]
is in immediate and present danger of further abuse from the respondent,
alleging that the [elderly] person [or person with disabilities] has been
the victim of abuse committed by the respondent within the 180 days preceding
the filing of the petition and describing the nature of the abuse and the
approximate dates thereof. The abuse must have occurred not more than 180 days
before the filing of the petition.
(c) A petitioner or
guardian petitioner is not required to provide in the petition information
regarding the relationship between the elderly person or
person with [disabilities] a
disability and the respondent.
(d) Allegations in the
petition must be made under oath or affirmation. The circuit court has
jurisdiction over all proceedings under ORS 124.005 to 124.040.
(2) The petitioner or
guardian petitioner has the burden of proving a claim under ORS 124.005 to
124.040 by a preponderance of the evidence.
(3) The right to
petition for relief under ORS 124.005 to 124.040 is not affected by the fact
that the elderly person or person with [disabilities]
a disability has left the residence or household to avoid abuse.
(4) A petition filed
under ORS 124.005 to 124.040 must disclose the existence of any Elderly Persons
and Persons With Disabilities Abuse Prevention Act
proceedings, any Abuse Prevention Act proceedings, any marital annulment,
dissolution or separation proceedings pending between the parties or any
protective proceedings under ORS chapter 125.
(5) Upon the filing of a
petition under ORS 124.005 to 124.040, the clerk of the court shall give the
petitioner or guardian petitioner information provided by the Department of
Human Services about local adult protective services, domestic violence
shelters and local legal services available.
(6) For purposes of
computing the 180-day period in this section and ORS 124.020, any time during
which the respondent is incarcerated or has a principal residence more than 100
miles from the principal residence of the elderly person or person with [disabilities] a disability is not
counted as part of the 180-day period.
(7) If a guardian or
guardian ad litem files a petition under this section on behalf of an elderly
person or a person with [disabilities]
a disability, the elderly person or person with [disabilities] a disability retains the right to:
(a) Contact and retain
counsel;
(b) Have access to
personal records;
(c) File objections to
the restraining order;
(d) Request a hearing;
and
(e) Present evidence and
cross-examine witnesses at any hearing.
(8) An elderly person or
a person with [disabilities] a
disability may not file a petition under ORS 124.005 to 124.040 against a
guardian or conservator for the [elderly]
person [or the person with disabilities].
SECTION 26. ORS 124.015 is amended to read:
124.015. (1) The court
shall hold a hearing within 21 days following the request, and may cancel or
change any order issued under ORS 124.020 if the respondent, elderly person or
person with [disabilities] a
disability requests a hearing pursuant to ORS 124.020 (9).
(2) In addition to the
relief granted under ORS 124.020, the court, in a hearing held pursuant to
subsection (1) of this section, may:
(a) Require either party
to move from any residence whose title or right to occupy such premises is held
jointly by the parties; and
(b) Assess against any
party reasonable attorney fees and such costs as may be incurred in the
hearing.
(3)(a) If the respondent
is represented by an attorney, time for the hearing may be extended for up to
five days at the request of the petitioner or guardian petitioner so that the
petitioner or guardian petitioner may seek representation.
(b) If the elderly
person or person with [disabilities] a
disability is represented by an attorney, time for the hearing may be
extended for up to five days at the request of the respondent or guardian
petitioner so that the respondent or guardian petitioner may seek
representation.
(4) The court may
approve any consent agreement to bring about a cessation of abuse of the
parties. However, the court may not approve a term in a consent agreement that
provides for restraint of a party to the agreement unless the other party
petitioned for and was granted an order under ORS 124.010. An order or consent
agreement made under this section may be amended at any time and shall continue
in effect for a period of one year from the date of the order issued under ORS
124.020.
(5) An order or
agreement made under ORS 124.005 to 124.040 or ORS 133.310 and 133.381 may not
in any manner affect title to any real property.
(6) No undertaking shall
be required in any proceeding under ORS 124.005 to 124.040.
(7) Any proceeding under
ORS 124.005 to 124.040 shall be in addition to and not in lieu of any other
available civil or criminal remedies.
(8) Notwithstanding any
right or remedy established in ORS chapter 90 or ORS 105.105 to 105.168, a
petitioner or guardian petitioner may enforce an order issued under ORS 124.005
to 124.040.
SECTION 27. ORS 124.020 is amended to read:
124.020. (1) When a
petitioner or guardian petitioner files a petition under ORS 124.010, the
circuit court shall hold an ex parte hearing in person or by telephone on the
day the petition is filed or on the following judicial day. Upon a showing that
the elderly person or person with [disabilities]
a disability named in the petition has been the victim of abuse
committed by the respondent within 180 days preceding the filing of the
petition and that there is an immediate and present danger of further abuse to
the [elderly] person [or person with disabilities], the court
shall, if requested by the petitioner or guardian petitioner, order, for a
period of one year or until the order is withdrawn or amended, whichever is
sooner:
(a) That the respondent
be required to move from the residence of the elderly person or person with [disabilities] a disability, if in
the sole name of the [elderly] person
[or person with disabilities] or if
jointly owned or rented by the [elderly]
person [or person with disabilities]
and the respondent, or if the parties are married to each other;
(b) That a peace officer accompany the party who is leaving or has
left the parties’ residence to remove essential personal effects of the party;
(c) That the respondent
be restrained from abusing, intimidating, molesting, interfering with or menacing
the elderly person or person with [disabilities]
a disability, or attempting to abuse, intimidate, molest, interfere with
or menace the [elderly] person [or person with disabilities];
(d) That the respondent
be restrained from entering, or attempting to enter, on any premises when it
appears to the court that such restraint is necessary to prevent the respondent
from abusing, intimidating, molesting, interfering with or menacing the elderly
person or person with [disabilities] a
disability;
(e) That the respondent
be:
(A) Restrained,
effective on a date not less than 150 days from the date of the order, from
mailing the elderly person or person with [disabilities]
a disability any sweepstakes promotion;
(B) Required to remove
the elderly person or person with [disabilities]
a disability from the respondent’s sweepstakes promotion mailing list or
place the [elderly] person [or person with disabilities] on a list
of persons to whom sweepstakes promotions may not be mailed; and
(C) Required to promptly
refund any payment received in any form from the elderly person or person with
[disabilities] a disability
after the date the order is entered by the court; or
(f) Except as provided
in subsection (2) of this section, other relief that the court considers necessary
to provide for the safety and welfare of the elderly person or person with [disabilities] a disability.
(2)(a) If the court
finds that the elderly person or person with [disabilities] a disability has been the victim of abuse as
defined in ORS 124.005 (1)(g), the court may order
only relief that the court considers necessary to prevent or remedy the
wrongful taking or appropriation of the money or property of the [elderly] person [or person with disabilities], including but not limited to:
(A) Directing the
respondent to refrain from exercising control over the money or property of the
[elderly] person [or person with disabilities];
(B) Requiring the
respondent to return custody or control of the money or property of the [elderly] person [or person with disabilities] to the [elderly] person [or person
with disabilities];
(C) Requiring the
respondent to follow the instructions of the guardian or conservator of the [elderly] person [or person with disabilities]; or
(D) Prohibiting the
respondent from transferring the money or property of the elderly person or
person with [disabilities] a
disability to any person other than the elderly person or person with [disabilities] a disability.
(b) The court may not
use a restraining order issued under ORS 124.005 to 124.040:
(A) To allow any person
other than the elderly person or person with [disabilities] a disability to assume responsibility for
managing any of the money or property of the elderly person or person with [disabilities] a disability; or
(B) For relief that is
more appropriately obtained in a protective proceeding filed under ORS chapter
125 including, but not limited to, giving control and management of the
financial accounts or property of the elderly person or person with [disabilities] a disability for
any purpose other than the relief granted under paragraph (a) of this
subsection.
(3) The showing required
under subsection (1) of this section may be made by testimony of:
(a) The elderly person
or person with [disabilities] a
disability;
(b) The guardian or
guardian ad litem of the elderly person or person with [disabilities] a disability;
(c) Witnesses to the
abuse; or
(d) Adult protective
services workers who have conducted an investigation.
(4) Immediate and
present danger under this section includes but is not limited to situations in
which the respondent has recently threatened the elderly person or person with
[disabilities] a disability
with additional abuse.
(5) When a guardian
petitioner files a petition on behalf of an elderly person or a person with [disabilities] a disability, the
guardian petitioner shall provide information about the [elderly] person [or person
with disabilities] and not about the guardian petitioner where the
petition, order or related forms described in subsection (6) of this section
require information about the petitioner.
(6) An instruction
brochure shall be available from the clerk of the court explaining the rights
set forth under ORS 124.005 to 124.040. The petition, order and related forms
shall be available from the clerk of the court and shall be in substantially
the following form:
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
THE COUNTY OF ____________
______, ) PETITION FOR
Petitioner ) RESTRAINING ORDER
(your name) ) TO PREVENT ABUSE
) OF ELDERLY
) PERSONS OR
) PERSONS WITH
vs. ) DISABILITIES
)
) NO. ____
______, )
Respondent )
(person to be )
restrained) )
YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO NOT, THE
COURT MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO HOLD YOU IN CONTEMPT OF
COURT.
If you wish to have your residential address or telephone number
withheld from respondent, use a contact address and telephone number so the
Court and the Sheriff can reach you if necessary.
ATTACH ADDITIONAL PAGES
IF NECESSARY.
I am the Petitioner and I state that the following information is true:
I am a resident of
Respondent is a resident of
I am either 65 years of age or older (I am ______ years of age) or I am
a person with [disabilities] a
disability (CIRCLE THE ONE THAT DESCRIBES YOU).
1. CHECK AND FILL OUT ANY
SECTION(S) that apply to you and respondent:
__ A. Respondent and I have been living together since ______, ___(year).
__ B. Respondent and I lived together from ______, ___(year), to ________, ___(year).
__ C. I
have been under the care of respondent since ______, ___(year).
__ D. I
was under the care of respondent from ______, ___(year),
to ________, ___(year).
__ E. Respondent has sent me sweepstakes promotions.
__ F. None of the above.
2. To qualify for a
restraining order, respondent must have done one or more of the following:
Within the last 180 days, respondent has:
__ A. Caused me physical injury by other than accidental means.
__ B. Attempted to cause me physical injury by other than accidental
means.
__ C. Placed me in fear of immediate serious physical injury.
__ D. Caused me physical harm by withholding
services necessary to maintain my health and well-being.
__ E. Abandoned or deserted me by withdrawing or neglecting to
perform duties and obligations.
__ F. Used derogatory or inappropriate names, phrases or profanity,
ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate
sexual comments or conduct of such a nature as to place me in fear of
significant physical or emotional harm.
__ G. Sent me sweepstakes promotions, and I feel the need for the
court’s assistance to protect me from further expense. I am an elderly person
or a person with [disabilities] a
disability. In the past year, I spent more than $500 on sweepstakes
promotions that I received in the
__ H. Wrongfully taken or appropriated my money or property, or
alarmed me by conveying a threat to me that my money or property would be
wrongfully taken or appropriated, which I reasonably believed would be carried
out.
__ I. Had
nonconsensual sexual contact with me or sexual contact to which I was incapable
of consenting.
NOTICE TO PETITIONER:
Sweepstakes companies are allowed up to 150 days to stop sending you
sweepstakes entry materials. For a time after the court issues a restraining
order, you may receive additional solicitations from respondent. However,
beginning on the date the restraining order is issued,
the respondent must immediately reject any further orders from you and must
return any money you send to the company after the date the restraining order
is issued.
3. Any period of time after
the abuse occurred during which respondent was incarcerated (in jail or prison)
or lived more than 100 miles from your home is not counted as part of the
180-day period, and you may still be eligible for a restraining order.
Respondent was
incarcerated from __________, ___(year), to _________,
___(year).
Respondent lived more
than 100 miles from my home from ________, ___(year),
to ________, ___(year).
4. Did the abuse happen
within the last 180 days not including the times respondent was incarcerated
(in jail or prison) or lived more than 100 miles from your home? Yes No
Date and location of
abuse:
___________________
___________________
How did respondent
injure or threaten to injure you?
___________________
___________________
___________________
5. Are there incidents other
than those described in question 4 above, in which respondent injured or
threatened to injure you? If yes, explain:
___________________
___________________
___________________
6. The abuse I am
complaining about was witnessed by _________ (affidavit attached). Other
persons with knowledge of the abuse are _________ (affidavit attached).
7. I am in immediate and
present danger of further abuse by respondent because:
___________________
___________________
___________________
8. In
any of the above incidents:
Were drugs, alcohol or
weapons involved? Yes No
Did you need medical
help? Yes No
Were the police or the
courts involved? Yes No
If you have circled yes
to any of the above questions, explain:
___________________
___________________
9. A. There (is) (is not) another Elderly Persons and Persons With Disabilities Abuse Prevention Act or Abuse Prevention
Act proceeding pending between respondent and me. It is filed in ______
(County), ______ (State), and I am (Petitioner) or (Respondent) in that case.
The case
number of the case is: ______________
B. There (is) (is not) another lawsuit
pending between respondent and me for divorce, annulment or legal separation.
If yes, type
of lawsuit: ______________
It is filed in
________ (County), ________ (State).
C. There (is) (is not) a protective
proceeding filed in ______ (County), ______ (State).
10. Respondent may be required
to move from your residence if it is in your sole name, or if it is jointly
owned or rented by you and respondent, or if you and respondent are married.
I (do) (do not) want
respondent to move from my residence.
My residence is:
Owned Leased Rented
By: ______________
PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE “PETITIONER’S
REQUEST” COLUMN OF THE PROPOSED RESTRAINING ORDER, WHICH IS ATTACHED.
______________________________________________________________________________
PETITIONER MUST NOTIFY THE COURT
OF ANY CHANGE OF ADDRESS.
ALL NOTICES OF HEARING WILL
BE SENT TO THIS ADDRESS
AND DISMISSALS MAY BE
ENTERED IF YOU DO NOT APPEAR
AT A SCHEDULED HEARING.
If you wish to have your residential address or telephone number
withheld from respondent, use a contact address and telephone number so the
Court and the Sheriff can reach you if necessary.
_________
PETITIONER
STATE OF
) ss.
County of ____ )
SUBSCRIBED AND SWORN TO
before me this ____ day of ______, 2___.
___________________
NOTARY PUBLIC FOR
My commission
expires: ______
RELEVANT DATA
RESPONDENT ______________
Sex ___ Telephone # ________
Residence Address ____________
City/State/Zip ______________
Birthdate ______ Age ___
Race ______
Height ________ Weight ________
Eye Color ________
Hair Color ________
PETITIONER
(you) ____________ GUARDIAN
PETITIONER
Sex ____
*Telephone # ________ Name ____________
*Residence
Address ____________ Address ____________
City/State/Zip
______________ ________________
Birthdate ________
Age ____
Race ________
Height ________
Weight ________
Eye Color ________
Hair Color ________
*If you wish to have your residential address or telephone number
withheld from respondent, use a contact address and telephone number so the
Court and the Sheriff can reach you if necessary.
PLEASE FILL OUT THIS INFORMATION
TO AID IN SERVICE OF
THE RESTRAINING ORDER
Where is respondent most likely to be located?
Residence Hours ________
Employment Hours ________
Address:
______
____________
Employment Hours ________
Address:
______
____________
Description of vehicle ____________
______________________
Does respondent have any weapons or access to weapons? Explain:
______________________________________________________________________________
______________________________________________________________________________
Has respondent ever been arrested for or convicted of a violent crime?
Explain:
______________________________________________________________________________
______________________________________________________________________________
Is there anything about respondent’s character, past behavior or the
present situation that indicates that respondent may be a danger to self or [other] others? Explain:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
FOR THE COUNTY OF ____________
_________, )
Petitioner )
(your name) ) RESTRAINING ORDER
) TO PREVENT ABUSE
) OF ELDERLY PERSONS
vs. ) OR PERSONS WITH
) DISABILITIES
)
) NO. ________
_________, )
Respondent )
(person to be restrained) )
)
TO THE RESPONDENT:
VIOLATION OF THIS RESTRAINING ORDER
MAY RESULT IN YOUR ARREST AND IN
CIVIL AND/OR CRIMINAL PENALTIES.
REVIEW THIS ORDER CAREFULLY.
EACH PROVISION MUST BE OBEYED.
SEE YOUR RIGHTS TO A HEARING.
The Court, having
reviewed the petition, makes the following findings:
Judge’s Initials
__ Petitioner has been
abused by respondent as defined by ORS 124.005;
__ The
abuse of petitioner by respondent occurred within the last 180 days as provided
in ORS 124.010;
__ There
is an immediate and present danger of further abuse to petitioner.
IT IS HEREBY ORDERED that:
Petitioner’s Request Judge’s
Initials
[ ] 1. Respondent is
restrained (prohibited) from intimidating, ____
molesting, interfering with or menacing petitioner, or
attempting to intimidate, molest, interfere with or menace
petitioner.
[ ] 2. Respondent is
restrained (prohibited) from entering, or ____
attempting to enter:
(Include names and
address unless withheld for safety reasons.)
[ ] Petitioner’s
residence. ____
[ ] Petitioner’s
business or place of employment. ____
[ ] Petitioner’s
school. ____
[ ] Other
locations. ____
[ ] 3. Respondent is
restrained (prohibited) from:
[ ] Contacting,
or attempting to contact, petitioner by telephone. ____
[ ] Contacting,
or attempting to contact, petitioner by mail. ____
[ ] 4. Respondent
shall move from and not return to the re- ____
sidence located at ____________ except with a
peace officer in order to remove essential personal effects
of the respondent, including, but not limited to:
clothing, toiletries, medications, Social Security cards,
birth certificates, identification and tools of the trade.
[ ] 5. A peace
officer shall accompany the petitioner to the ____
parties’ residence in order to remove essential personal
effects of petitioner, including, but not limited to:
clothing, toiletries, medications, Social Security cards,
birth certificates, identification and tools of the trade.
[ ] 6. Beginning on
a date not less than 150 ____
days from the date of this order, the respondent shall
not mail the petitioner any further sweepstakes promotions.
[ ] 7. Respondent
shall remove the petitioner from ____
the respondent’s sweepstakes promotion mailing list or
shall place the petitioner on the respondent’s list of
persons to whom sweepstakes promotions may not be mailed.
[ ] 8. Respondent
shall refund any payment received ____
in any form from the petitioner after the date
this order is entered by the court.
[ ] 9. Other relief:
____________________ ____
__________________________
__________________________
[ ] 10. No further
service is necessary because respondent ____
appeared in person before the Court.
IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER IS $5,000
unless otherwise specified.
Other Amount ($ )
THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR A
PERIOD OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR SUPERSEDED,
WHICHEVER OCCURS FIRST.
DATED
this ____ day of ______________, 2___.
___________________
CIRCUIT
COURT JUDGE (signature)
___________________
CIRCUIT
COURT JUDGE (printed)
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
FOR THE COUNTY OF _________
)
______, ) NO. ____
Petitioner, )
vs. ) AFFIDAVIT OF PROOF
______, ) OF SERVICE
Respondent. )
)
)
STATE OF )
) ss.
County of ___ )
I am a resident of the
State of
On the ____ day of ______,
2___, I served the Restraining Order to Prevent Abuse of Elderly Persons or
Persons With Disabilities and the Petition for Restraining Order to Prevent
Abuse of Elderly Persons or Persons With Disabilities in this case personally
upon the above-named respondent in _________ County by delivering to the
respondent a copy of those papers, each of which was certified to be a true
copy of each original.
___________________
Signature of ____________
SUBSCRIBED AND SWORN TO
before me this ____ day of ______, 2___.
__________________
NOTARY PUBLIC FOR
My Commission Expires: ______
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
FOR THE COUNTY OF _________
)
______, ) NO. ____
Petitioner, )
vs. ) MOTION AND ORDER
______, ) OF DISMISSAL
Respondent. )
)
Comes now petitioner, ________,
and moves this Court for an order allowing the voluntary withdrawal and
dismissal of the Restraining Order on file herein.
________________
Petitioner
SUBSCRIBED AND SWORN TO
before me this ____ day of ______, 2___.
__________________
NOTARY PUBLIC FOR
My Commission Expires: ______
IT IS SO ORDERED this ____
day of ______, 2___.
________________
JUDGE
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
FOR THE COUNTY OF _________
______, )
(D.O.B. ____) ) NOTICE TO RESPONDENT
Petitioner, ) (Elderly Persons and
) Persons With
Disabilities
) Abuse Prevention Act)
)
and ) NO. ____
)
______, )
(D.O.B. ____) )
Respondent. )
THIS FORM MUST BE
ATTACHED TO SERVICE COPY
OF RESTRAINING ORDER
TO RESPONDENT: A TEMPORARY RESTRAINING ORDER HAS BEEN ISSUED BY THE
COURT WHICH AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS ORDER BECOMES
EFFECTIVE IMMEDIATELY. IF YOU WISH TO CONTEST THE CONTINUATION OF THIS ORDER,
YOU MUST COMPLETE THIS FORM AND MAIL OR DELIVER IT TO:
REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU RECEIVE THE
ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE NUMBER WITH YOUR REQUEST FOR
A HEARING. THE HEARING WILL BE HELD WITHIN 21 DAYS. AT THE HEARING, A JUDGE
WILL DECIDE WHETHER THE ORDER SHOULD BE CANCELED OR CHANGED. THE ONLY PURPOSE
OF THIS HEARING WILL BE TO DETERMINE IF THE TERMS OF THE COURT’S TEMPORARY
ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.
Keep in mind that this order remains in effect until the court that
issued the order modifies or dismisses it. If you are arrested for violating
this order, the security amount (bail) is $5,000, unless a different amount is
ordered by the court. Violation of this order constitutes contempt of court and
is punishable by a fine of up to $500 or one percent of your annual gross
income, whichever is greater, a jail term of up to six months, or both. Other
sanctions may be imposed.
______________________________________________________________________________
REQUEST FOR HEARING
I am the Respondent in the above-referenced action and I request a
hearing to contest all or part of the order as follows (mark one or more):
__ The order
restraining me from contacting, or attempting to contact, the petitioner.
__ Other ______________
I (will) (will not) be represented by an attorney at the hearing.
Notice of the time and place of the hearing can be mailed to me at the
address below my signature.
Date: ______________
___________________
SIGNATURE OF
RESPONDENT
___________________
___________________
ADDRESS
___________________
TELEPHONE
NUMBER
______________________________________________________________________________
(7) If the court orders
relief:
(a) The clerk of the
court shall provide without charge the number of certified true copies of the
petition and order necessary to effect service and shall have a true copy of
the petition and order delivered to the county sheriff for service upon the
respondent, unless the court finds that further service is unnecessary because
the respondent appeared in person before the court.
(b) The county sheriff
shall serve the respondent personally unless the petitioner or guardian
petitioner elects to have the respondent served personally by a private party
or by a peace officer who is called to the scene of a domestic disturbance at
which the respondent is present, and who is able to obtain a copy of the order
within a reasonable amount of time. Proof of service shall be made in
accordance with ORS 124.030.
(c) A respondent accused
of committing abuse by means of a sweepstakes promotion may be served:
(A) Personally;
(B) By mailing certified
true copies of the petition and order by certified mail to the address to which
the elderly person or person with [disabilities]
a disability would have sent the payment for goods or services promoted
in the sweepstakes promotion had the elderly person or person with [disabilities] a disability been
ordering the goods or services; or
(C) In the manner
directed by the court.
(d) No filing fee,
service fee or hearing fee shall be charged for proceedings seeking only the
relief provided under ORS 124.005 to 124.040.
(8) If the county
sheriff:
(a) Determines that the
order and petition are incomplete, the order and petition shall be returned to
the clerk of the court. The clerk of the court shall notify the petitioner or
guardian petitioner, at the address provided by the petitioner or guardian
petitioner, of the error or omission.
(b) After accepting the
order and petition, cannot complete service within 10 days, the sheriff shall
notify the petitioner or guardian petitioner, at the address provided by the
petitioner or guardian petitioner, that the documents have not been served. If
the petitioner or guardian petitioner does not respond within 10 days, the
county sheriff shall hold the order and petition for future service and file a
return to the clerk of the court showing that service was not completed.
(9)(a) Within 30 days
after a restraining order is served on the respondent under this section or
within 30 days after notice is served on the elderly person or person with [disabilities] a disability under
ORS 124.024, the respondent, elderly person or person with [disabilities] a disability may
request a court hearing upon any relief granted. The hearing request form shall
be available from the clerk of the court and shall be in substantially the form
provided in subsection (6) of this section.
(b) If the respondent,
elderly person or person with [disabilities]
a disability requests a hearing under paragraph (a) of this subsection,
the clerk of the court shall notify the petitioner or guardian petitioner of
the date and time of such hearing, and shall supply the petitioner or guardian
petitioner with a copy of the request for a hearing. The petitioner or guardian
petitioner shall give to the clerk of the court information sufficient to allow
such notification.
(c) The hearing is not
limited to the issues raised in the request for hearing form and may include
testimony from witnesses to the abuse and adult protective services workers.
The hearing may be held in person or by telephone. If the respondent, elderly
person or person with [disabilities] a
disability seeks to raise an issue at the hearing not previously raised in
the request for hearing form, the petitioner or guardian petitioner is entitled
to a reasonable continuance for the purpose of preparing a response to the
issue.
(d) The court shall
exercise its discretion in a manner that protects the elderly person or person
with [disabilities] a disability
from traumatic confrontation with the respondent.
SECTION 28. ORS 124.024 is amended to read:
124.024. (1) A guardian petitioner must give notice of the petition,
order and related forms described in ORS 124.020 (6) to the elderly person or
person with [disabilities] a disability
named in the petition.
(2) The guardian
petitioner must also serve on the elderly person or person with [disabilities] a disability a
notice that contains a statement of the rights of [an elderly] the person [or
a person with disabilities] as follows:
(a) The right to contact
and retain counsel;
(b) The right to have
access to personal records;
(c) The right to file
objections to the restraining order;
(d) The right to request
a hearing to contest all or part of the restraining order; and
(e) The right to present
evidence and cross-examine witnesses at any hearing.
(3) Notice provided
under subsection (1) of this section must be similar to the notice provided to
the respondent under ORS 124.020 (6) and must contain an objection form that
the elderly person or person with [disabilities]
a disability may complete and mail to the court.
(4) Notice under this
section must be personally served on the elderly person or person with [disabilities] a disability. The
date of personal service must be not later than 72 hours after the court issues
a restraining order under ORS 124.020.
(5) Proof of service
under this section must be filed in the proceeding before the court holds a
hearing under ORS 124.015.
SECTION 29. ORS 124.050 is amended to read:
124.050. As used in ORS
124.050 to 124.095:
(1) “Abuse” means one or
more of the following:
(a) Any physical injury
caused by other than accidental means, or which appears to be at variance with
the explanation given of the injury.
(b) Neglect which leads
to physical harm through withholding of services necessary to maintain health
and well-being.
(c) Abandonment,
including desertion or willful forsaking of an elderly person or the withdrawal
or neglect of duties and obligations owed an elderly person by a caretaker or
other person.
(d) Willful infliction
of physical pain or injury.
(e) An act that
constitutes a crime under ORS 163.375, 163.405, 163.411, 163.415, 163.425,
163.427, 163.465 or 163.467.
(f) Wrongfully taking or
appropriating money or property, or knowingly subjecting an elderly person or
person with [disabilities] a
disability to alarm by conveying a threat to wrongfully take or appropriate
money or property, which threat reasonably would be expected to cause the [elderly] person [or person with disabilities] to believe that the threat will be
carried out.
(2) “Elderly person”
means any person 65 years of age or older who is not subject to the provisions
of ORS 441.640 to 441.665.
(3) “Law enforcement
agency” means:
(a) Any city or
municipal police department.
(b) Any county sheriff’s
office.
(c) The
(d) Any district
attorney.
(4) “Public or private
official” means:
(a) Physician,
naturopathic physician, osteopathic physician, chiropractor or podiatric
physician and surgeon, including any intern or resident.
(b) Licensed practical
nurse, registered nurse, nurse’s aide, home health aide or employee of an
in-home health service.
(c) Employee of the
Department of Human Services, county health department or community mental
health and developmental disabilities program.
(d) Peace officer.
(e) Member of the
clergy.
(f) Licensed clinical
social worker.
(g) Physical, speech or
occupational therapists.
(h) Senior center
employee.
(i) Information and referral
or outreach worker.
(j) Licensed
professional counselor or licensed marriage and family therapist.
(k) Any public official
who comes in contact with elderly persons in the performance of the official’s
official duties.
(L) Firefighter or
emergency medical technician.
SECTION 30. ORS 124.100 is amended to read:
124.100. (1) As used in ORS 124.100 to 124.140:
(a) “Elderly person”
means a person 65 years of age or older.
(b) “Financially
incapable” has the meaning given that term in ORS 125.005.
(c) “Incapacitated” has
the meaning given that term in ORS 125.005.
(d) “Person with [disabilities] a disability” means
a person with a physical or mental impairment that:
(A) Is
likely to continue without substantial improvement for no fewer than 12 months
or to result in death; and
(B) Prevents performance
of substantially all the ordinary duties of occupations in which an individual
not having the physical or mental impairment is capable of engaging, having due
regard to the training, experience and circumstances of the person with the
physical or mental impairment.
(e) “Vulnerable person”
means:
(A) An elderly person;
(B) A financially
incapable person;
(C) An incapacitated
person; or
(D) A person with [disabilities] a disability who is
susceptible to force, threat, duress, coercion, persuasion or physical or
emotional injury because of the person’s physical or mental impairment.
(2) A vulnerable person
who suffers injury, damage or death by reason of physical abuse or financial
abuse may bring an action against any person who has caused the physical or
financial abuse or who has permitted another person to engage in physical or
financial abuse. The court shall award the following to a plaintiff who
prevails in an action under this section:
(a) An amount equal to
three times all economic damages, as defined in ORS 31.710, resulting from the
physical or financial abuse, or $500, whichever amount is greater.
(b) An amount equal to
three times all noneconomic damages, as defined by ORS 31.710, resulting from
the physical or financial abuse.
(c) Reasonable attorney
fees incurred by the plaintiff.
(d) Reasonable fees for
the services of a conservator or guardian ad litem incurred by reason of the
litigation of a claim brought under this section.
(3) An action may be
brought under this section only by:
(a) A vulnerable person;
(b) A guardian,
conservator or attorney-in-fact for a vulnerable person;
(c) A personal
representative for the estate of a decedent who was a vulnerable person at the
time the cause of action arose; or
(d) A trustee for a
trust on behalf of the trustor or the spouse of the trustor who is a vulnerable
person.
(4) An action may be
brought under this section only for physical abuse described in ORS 124.105 or
for financial abuse described in ORS 124.110.
(5) An action may be
brought under this section against a person for permitting another person to
engage in physical or financial abuse if the person knowingly acts or fails to
act under circumstances in which a reasonable person should have known of the
physical or financial abuse.
(6) A person commencing
an action under this section must serve a copy of the complaint on the Attorney
General within 30 days after the action is commenced.
SECTION 31. ORS 125.005 is amended to read:
125.005. As used in this
chapter:
(1) “Conservator” means
a person appointed as a conservator under the provisions of this chapter.
(2) “Fiduciary” means a
guardian or conservator appointed under the provisions of this chapter or any
other person appointed by a court to assume duties with respect to a protected
person under the provisions of this chapter.
(3) “Financially
incapable” means a condition in which a person is unable to manage financial
resources of the person effectively for reasons including, but not limited to,
mental illness, mental [deficiency]
retardation, physical illness or disability, chronic use of drugs or
controlled substances, chronic intoxication, confinement, detention by a
foreign power or disappearance. “Manage financial resources” means those
actions necessary to obtain, administer and dispose of real and personal
property, intangible property, business property, benefits and income.
(4) “Guardian” means a
person appointed as a guardian under the provisions of this chapter.
(5) “Incapacitated”
means a condition in which a person’s ability to receive and evaluate
information effectively or to communicate decisions is impaired to such an
extent that the person presently lacks the capacity to meet the essential
requirements for the person’s physical health or safety. “Meeting the essential
requirements for physical health and safety” means those actions necessary to
provide the health care, food, shelter, clothing, personal hygiene and other
care without which serious physical injury or illness is likely to occur.
(6) “Minor” means any
person who has not attained 18 years of age.
(7) “Protected person”
means a person for whom a protective order has been entered.
(8) “Protective order”
means an order of a court appointing a fiduciary or any other order of the
court entered for the purpose of protecting the person or estate of a
respondent or protected person.
(9) “Protective
proceeding” means a proceeding under this chapter.
(10) “Respondent” means
a person for whom entry of a protective order is sought in a petition filed
under ORS 125.055.
(11) “Visitor” means a
person appointed by the court under ORS 125.150 for the purpose of interviewing
and evaluating a respondent or protected person.
SECTION 32. ORS 130.005 is amended to read:
130.005. (1) Except as provided in subsection (2) of this section, this
chapter applies to express trusts, whether charitable or noncharitable, and to
trusts created pursuant to a statute or a judgment that requires that the trust
be administered in the manner of an express trust.
(2) This chapter does
not apply to:
(a) A trust that is part
of an employee benefit arrangement or an individual retirement account.
(b) A trust account
established under a qualified tuition savings program pursuant to ORS 348.841
to 348.873.
(c) Trust accounts
maintained on behalf of clients or customers by licensed service professionals,
including trust accounts maintained by attorneys pursuant to rules of
professional conduct adopted under ORS 9.490 and by real estate brokers
pursuant to ORS 696.241.
(d) An endowment care
fund established by a cemetery authority pursuant to ORS 97.810.
(e) Funds maintained by
public bodies as defined by ORS 174.109 or other governmental entities.
(f) Trust funds held for
a single business transaction or an escrow arrangement.
(g) Trusts created by a
depository agreement with a financial institution.
(h) Trusts created by an
account agreement with a regulated financial services entity.
(i) An account
maintained under the Oregon Uniform Transfers to Minors Act as set forth in ORS
126.805 to 126.886.
(j) A fund maintained
pursuant to court order in conjunction with a bankruptcy proceeding or business
liquidation.
(k) A business trust as
described in ORS 128.560.
(L) A voting trust as
described in ORS 60.254.
(m) Funds maintained to
manage proceeds from class actions.
(n) A trust deed as
defined in ORS 86.705 (5) or any other trust created solely to secure the
performance of an obligation.
(o) A trust established
on behalf of a resident of a residential facility under ORS 443.880.
(p) A trust managed by a
nonprofit association for [disabled]
persons with disabilities under 42 U.S.C. 1396p(d)(4)(C),
as in effect on January 1, 2006, and under the rules of the Department of Human
Services.
(q) A resulting or
constructive trust.
(r) A trust fund
established for a purchaser who enters into a prearrangement sales contract, as
defined in ORS 97.923, or a preconstruction sales contract, as defined in ORS
97.923.
SECTION 33. ORS 133.055 is amended to read:
133.055. (1) A peace
officer may issue a criminal citation to a person if the peace officer has
probable cause to believe that the person has committed a misdemeanor or has
committed any felony that is subject to misdemeanor treatment under ORS
161.705. The peace officer shall deliver a copy of the criminal citation to the
person. The criminal citation shall require the person to appear at the court
of the magistrate before whom the person would be taken pursuant to ORS 133.450
if the person were arrested for the offense.
(2)(a) Notwithstanding
the provisions of subsection (1) of this section, when a peace officer responds
to an incident of domestic disturbance and has probable cause to believe that
an assault has occurred between family or household members, as defined in ORS
107.705, or to believe that one such person has placed the other in fear of
imminent serious physical injury, the officer shall arrest and take into
custody the alleged assailant or potential assailant.
(b) When the peace
officer makes an arrest under paragraph (a) of this subsection, the peace
officer is not required to arrest both persons.
(c) When a peace officer
makes an arrest under paragraph (a) of this subsection, the peace officer shall
make every effort to determine who is the assailant or potential assailant by
considering, among other factors:
(A) The comparative
extent of the injuries inflicted or the seriousness of threats creating a fear
of physical injury;
(B) If reasonably
ascertainable, the history of domestic violence between the persons involved;
(C) Whether any alleged
crime was committed in self-defense; and
(D) The potential for
future assaults.
(3) Whenever any peace
officer has reason to believe that a family or household member, as defined in
ORS 107.705, has been abused as defined in ORS 107.705 or that an elderly
person or a person with [disabilities]
a disability has been abused as defined in ORS 124.005, that officer
shall use all reasonable means to prevent further abuse, including advising
each person of the availability of a shelter or other services in the community
and giving each person immediate notice of the legal rights and remedies
available. The notice shall consist of handing each person a copy of the following
statement:
______________________________________________________________________________
IF YOU ARE THE VICTIM OF
DOMESTIC VIOLENCE OR ABUSE, you can ask the district attorney to file a
criminal complaint. You also have the right to go to the circuit court and file
a petition requesting any of the following orders for relief: (a) An order
restraining your attacker from abusing you; (b) an order directing your
attacker to leave your household; (c) an order preventing your attacker from
entering your residence, school, business or place of employment; (d) an order
awarding you or the other parent custody of or parenting time with a minor
child or children; (e) an order restraining your attacker from molesting or
interfering with minor children in your custody; (f) an order awarding you
other relief the court considers necessary to provide for your or your children’s
safety, including emergency monetary assistance. Such orders are enforceable in
every state.
You may also request an
order awarding support for minor children in your care or for your support if
the other party has a legal obligation to support you or your children.
You also have the right
to sue for losses suffered as a result of the abuse, including medical and
moving expenses, loss of earnings or support, and other out-of-pocket expenses
for injuries sustained and damage to your property. This can be done without an
attorney in small claims court if the total amount claimed is under $3,500.
Similar relief may also
be available in tribal courts.
For further information
you may contact: ____.
______________________________________________________________________________
SECTION 34. ORS 133.515 is amended to read:
133.515. (1) As used in this section:
(a) “Person with a
disability” means a person who cannot readily understand or communicate the
English language, or cannot understand the proceedings or a charge made against
the person, or is incapable of presenting or assisting in the presentation of a
defense, because of deafness, or because of a physical hearing impairment or
physical speaking impairment.
(b) “Qualified
interpreter” means a person who is readily able to communicate with the person
with a disability, translate the proceedings, and accurately repeat and
translate the statements of the person with a disability to the officer or
other person.
[(1)] (2) Upon the arrest of a [disabled] person with a disability and before interrogating
or taking the statement of the [disabled]
person with a disability, the arresting peace officer, or when the
arrest is by a private person, the officer to whom the [disabled] person with a disability is delivered, shall make
available to the [disabled] person
with a disability, at the earliest possible time, a qualified interpreter
to assist the [disabled] person with
a disability throughout the interrogation or taking of a statement.
[(2)] (3) The public employer of the
arresting peace officer or officer to whom the [disabled] person with a disability is delivered shall pay
the fees and expenses of the qualified interpreter if:
(a) The [disabled] person with a disability,
subsequent to the arrest, makes a verified statement and provides other
information in writing under oath showing inability to obtain a qualified
interpreter, and provides any other information required by the court having
jurisdiction over the offense for which the [disabled] person with a disability was arrested concerning
the inability to obtain such an interpreter; and
(b) It appears to the
court that the [disabled] person with
a disability was without means and was unable to obtain a qualified
interpreter.
[(3) As used in this section:]
[(a) “Disabled person” means a person who
cannot readily understand or communicate the English language, or cannot
understand the proceedings or a charge made against the person, or is incapable
of presenting or assisting in the presentation of a defense, because of
deafness, or because of a physical hearing impairment or physical speaking
impairment.]
[(b) “Qualified interpreter” means a person who is readily able to
communicate with the disabled person, translate the proceedings, and accurately
repeat and translate the statements of the disabled person to the officer or
other person.]
SECTION 35. ORS 135.703 is amended to read:
135.703. (1) When a
defendant is charged with a crime punishable as a misdemeanor for which the
person injured by the act constituting the crime has a remedy by a civil
action, the crime may be compromised, as provided in ORS 135.705, except when
it was committed:
(a) By or upon a peace
officer while in the execution of the duties of office;
(b) Riotously;
(c) With an intent to
commit a crime punishable only as a felony; or
(d) By one family or
household member upon another family or household member, as defined in ORS
107.705, or by a person upon an elderly person or a person with [disabilities] a disability as
defined in ORS 124.005 and the crime was:
(A) Assault in the
fourth degree under ORS 163.160;
(B) Assault in the third
degree under ORS 163.165;
(C) Menacing under ORS
163.190;
(D) Recklessly
endangering another person under ORS 163.195;
(E) Harassment under ORS
166.065; or
(F) Strangulation under
ORS 163.187.
(2) Notwithstanding
subsection (1) of this section, when a defendant is charged with violating ORS
811.700, the crime may be compromised as provided in ORS 135.705.
SECTION 36. ORS 144.226 is amended to read:
144.226. (1) Any person
sentenced under ORS 161.725 and 161.735 as a dangerous offender shall within
120 days prior to the parole consideration hearing under ORS 144.228 or the
last day of the required incarceration term established under ORS 161.737 and
at least every two years thereafter be given a complete mental and psychiatric
or psychological examination by a psychiatrist or psychologist appointed by the
State Board of Parole and Post-Prison Supervision. Within 60 days after the
examination, the examining psychiatrist or psychologist shall file a written
report of findings and conclusions relative to the examination with the Director
of the Department of Corrections and chairperson of the State Board of Parole
and Post-Prison Supervision.
(2) The examining
psychiatrist or psychologist shall include in the report a statement as to
whether or not in the psychiatrist’s or psychologist’s opinion the convicted
person has mental retardation or any mental or emotional disturbance, [deficiency,] condition or disorder
predisposing the person to the commission of any crime to a degree rendering
the examined person a danger to the health or safety of others. The report
shall also contain any other information which the examining psychiatrist or
psychologist believes will aid the State Board of Parole and Post-Prison
Supervision in determining whether the examined person is eligible for release.
The report shall also state the progress or changes in the condition of the
examined person as well as any recommendations for treatment. A certified copy
of the report shall be sent to the convicted person, to the convicted person’s
attorney and to the executive officer of the Department of Corrections
institution in which the convicted person is confined.
SECTION 37. ORS 167.352 is amended to read:
167.352. (1) A person commits the crime of interfering with an
assistance, a search and rescue or a therapy animal if the person intentionally
or knowingly:
(a)
Injures or attempts to injure an animal the person knows or reasonably should
know is an assistance animal, a search and rescue animal or a therapy animal;
(b) Interferes with an
assistance animal while the assistance animal is being used to provide
assistance to a [physically impaired]
person with a physical impairment; or
(c) Interferes with a
search and rescue animal or a therapy animal while the animal is being used for
search and rescue or therapy purposes.
(2) As used in this
section, “assistance animal” and “[physically
impaired] person with a physical impairment” have the meanings given
those terms in ORS 346.680.
(3) As used in this
section and ORS 30.822:
(a) “Search and rescue
animal” means that the animal has been professionally trained for, and is
actively used for, search and rescue purposes.
(b) “Therapy animal”
means that the animal has been professionally trained for, and is actively used
for, therapy purposes.
(4) Interfering with an
assistance, a search and rescue or a therapy animal is a Class A misdemeanor.
SECTION 38. ORS 169.750 is amended to read:
169.750. [No] A
juvenile detention facility [shall]
may not:
(1) Impose upon a
detained juvenile for purposes of discipline or punishment any infliction of or
threat of physical injury or pain, deliberate humiliation, physical restraint,
withholding of meals, or isolation, or detention under conditions [which] that violate the
provisions of subsections (2) to (8) of this section, ORS 169.076 (7) to (11),
(13) or (14) or 169.740;
(2) Use any physical
force, other means of physical control or isolation upon a detained juvenile
except as reasonably necessary and justified to prevent escape from the
facility, physical injury to another person, to protect a detained juvenile
from physical self-injury or to prevent destruction of property, or to
effectuate the confinement of the juvenile in roomlock or isolation as provided
for in ORS 169.090, 169.730 to 169.800, 419A.050 and 419A.052, and for only so
long as it appears that [said] the
danger exists. [No] A use of
force or other physical means of control [shall]
may not employ:
(a) The use of
restraining devices for a purpose other than to prevent physical injury or
escape, or, in any case, for a period in excess of six hours. However, the time
during which a detained juvenile is being transported to another facility
pursuant to court order shall not be counted within the six hours; or
(b) Isolation for a
period in excess of six hours;
(3) Use roomlock except
for the discipline and punishment of a detained juvenile for violation of a
rule of conduct or behavior of the facility as provided for in ORS 169.076 (12)
or for conduct [which] that
constitutes a crime under the laws of this state or [which] that would justify physical force, control or
isolation under subsection (2) of this section;
(4) Cause to be made an
internal examination of a detained juvenile’s anus or vagina, except upon
probable cause that contraband, as defined in ORS 162.135 (1), will be found
upon such examination and then only by a licensed physician or a nurse;
(5)(a) Administer to any
detained juvenile medication, except upon the informed consent of the juvenile
or in the case of an imminent threat to the life of the juvenile or where the
juvenile has a contagious or communicable disease that poses an imminent threat
to the health of other persons in the facility. However, [in no case shall] prescription medication may not be
administered except upon a written prescription or written order by a licensed
physician or licensed dentist and administered by a licensed physician,
licensed dentist or other medical personnel authorized by the State of Oregon
under ORS chapter 677, 678 or 679 to administer medication. Facility staff not
otherwise authorized by law to administer medications may administer
noninjectable medications in accordance with rules adopted by the Oregon State
Board of Nursing pursuant to ORS 678.150 (9);
(b) Nonmedical personnel
shall receive training for administering medications, including recognition of
and response to drug reactions and unanticipated side effects, from the
responsible physician or nurse and the official responsible for the facility.
All personnel shall be responsible for administering the dosage medications
according to orders and for recording the administrations of the dosage in a
manner and on a form approved by the responsible physician; and
(c) Notwithstanding any
other provision of law, [no]
medication [shall] may not be
administered unless a registered nurse or physician is either physically on the
premises or readily available by telephone and within 30 minutes travel time of
the patient;
(6) Administer to any
detained juvenile any medication or medical procedure for purposes of
experimentation;
(7) Discipline or punish
any juvenile for conduct or behavior by roomlock, for a period in excess of 12
hours, or by denial of any privilege, regularly awarded other detained adults
or juveniles, for more than one day, except after:
(a) Advising the
juvenile in writing of the alleged offensive conduct or behavior;
(b) Providing the
juvenile the opportunity to a hearing before a staff member who was not a
witness to the alleged offensive conduct or behavior;
(c) Providing the juvenile
the opportunity to produce witnesses and evidence and to cross-examine
witnesses;
(d) Providing the
detained juvenile the opportunity to testify, at the sole option of the
juvenile; and
(e) A finding that the
alleged conduct or behavior was proven by a preponderance of the evidence and
that it violated a rule of conduct or behavior of the facility as provided for
in ORS 169.076 (12) or constituted a crime under the laws of this state; and
(8) Detain juveniles [who are emotionally disturbed, mentally retarded
or physically handicapped] with emotional disturbances, mental
retardation or physical disabilities on the same charges and circumstances
for which other juveniles would have been released or provided with another
alternative.
SECTION 39. ORS 174.107 is amended to read:
174.107. (1) As used in
the statute laws of this state, [“disabled
person”] “person with a disability” 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] disabilities shall be
considered subcategories under the definition of [disabled] person with a disability.
SECTION 40. ORS 176.050 is amended to read:
176.050. (1) Whenever a
Governor who is unable to discharge the duties of the office believes that the
Governor’s disability has been removed, the Governor may call a conference
consisting of the three persons referred to as members of such a conference in
ORS 176.040 (1). The three members of the conference shall examine the [disabled] Governor. After the
examination they shall conduct a secret ballot and by unanimous vote may find
the disability removed.
(2) The finding of or
failure to find the disability removed shall be made public.
SECTION 41. ORS 179.325 is amended to read:
179.325. The Department
of Human Services may order the change, in all or part, of the purpose and use
of any state institution being used as an institution for the care and
treatment of [the mentally ill or
mentally retarded] persons with mental illness or mental retardation
in order to care for persons committed to its custody whenever the department
determines that a change in purpose and use will better enable the state to
meet its responsibilities to [the
mentally ill and mentally retarded] persons with mental illness or
mental retardation. In determining whether to order the change, the
department shall consider changes in the number and source of the admissions of
[mentally ill and mentally retarded]
persons with mental illness or mental retardation.
SECTION 42. ORS 179.450 is amended to read:
179.450. The Department
of Corrections may direct the employment of able-bodied persons at the
Department of Corrections institutions and the Department of Human Services may
direct the employment of able-bodied persons at institutions for [the mentally ill or mentally deficient]
persons with mental illness or mental retardation, in the performance of
useful work upon land owned by the state if it does not compete with free
labor. [No] Work [shall] may not be performed upon
any such land except by consent and approval of the agency of the state having
management of the land.
SECTION 43. ORS 179.473 is amended to read:
179.473. (1) Whenever
the health and welfare of the person and the efficient administration of the
institution [requires] require
the transfer of an inmate of a Department of Corrections institution or a youth
offender in a youth correction facility to another institution:
(a) The Department of
Corrections or the Oregon Youth Authority, with the consent of the Department
of Human Services, may transfer a person at any institution under its
jurisdiction to an institution for [the
mentally retarded] persons with mental retardation, or, with the
consent of the Oregon Health and Science University, to the Oregon Health and
Science University.
(b) The Department of
Corrections may transfer an inmate of a Department of Corrections institution
to a state mental hospital listed in ORS 426.010 for evaluation and treatment
pursuant to rules adopted jointly by the Department of Corrections and the
Department of Human Services.
(c) The Oregon Youth
Authority may transfer a youth offender or other person confined in a youth
correction facility to a hospital or facility designated by the Department of
Human Services for evaluation and treatment pursuant to rules adopted jointly
by the Oregon Youth Authority and the Department of Human Services.
(d) Except as provided
in subsection (2) of this section, the Department of Corrections or the Oregon
Youth Authority may make a transfer of a person from any institution under the
jurisdiction of the department or authority to any other institution under the
jurisdiction of the department or authority.
(2) A youth offender in
a youth correction facility may not be transferred to a Department of
Corrections institution under subsection (1) of this section. A youth offender
in a youth correction facility who has been transferred to another institution
may not be transferred from such other institution to a Department of
Corrections institution.
(3) The rules adopted
under subsection (1)(b) and (c) of this section must:
(a)
Provide the inmate or youth offender with the rights to which persons are
entitled under ORS 179.485.
(b) Provide that a
transfer of an inmate or a youth offender to the Department of Human Services
for stabilization and evaluation for treatment may not exceed 30 days unless
the transfer is extended pursuant to a hearing required by paragraph (c) of
this subsection.
(c) Provide for an
administrative commitment hearing if:
(A) The Department of
Human Services determines that administrative commitment for treatment for a
mental illness is necessary or advisable or that the Department of Human
Services needs more than 30 days to stabilize or evaluate the inmate or youth
offender for treatment; and
(B) The inmate or youth
offender does not consent to the administrative commitment or an extension of
the transfer.
(d) Provide for, at a
minimum, all of the following for the administrative commitment hearing
process:
(A) Written notice to
the inmate or youth offender that an administrative commitment to a state
mental hospital listed in ORS 426.010 or a hospital or facility designated by
the Department of Human Services or an extension of the transfer is being
considered. The notice required by this subparagraph must be provided far
enough in advance of the hearing to permit the inmate or youth offender to prepare
for the hearing.
(B) Disclosure to the
inmate or youth offender, at the hearing, of the evidence that is being relied
upon for the administrative commitment or the extension of the transfer.
(C) An opportunity, at
the hearing, for the inmate or youth offender to be heard in person and to
present documentary evidence.
(D) An opportunity, at
the hearing, for the inmate or youth offender to present the testimony of
witnesses and to confront and cross-examine witnesses called by the state. The
opportunity required by this subparagraph may be denied upon a finding by the
decision maker of good cause for not permitting the inmate or youth offender to
present the testimony of witnesses or confront or cross-examine witnesses
called by the state.
(E) An independent
decision maker for the hearing.
(F) A written statement
by the decision maker of the evidence relied upon by the decision maker and the
reasons for administratively committing the inmate or youth offender or
extending the transfer.
(G) A qualified and
independent assistant for the inmate or youth offender to be provided by the
state if the inmate or youth offender is financially unable to provide one.
(H) Effective and timely
notice of the procedures required by subparagraphs (A) to (G) of this
paragraph.
(e) Provide that an
inmate or a youth offender may not be administratively committed involuntarily
unless the independent decision maker finds by clear and convincing evidence
that the inmate or youth offender is a mentally ill person as defined in ORS
426.005.
(f) Provide that the
duration of an administrative commitment pursuant to an administrative
commitment hearing be no more than 180 days unless the administrative
commitment is renewed in a subsequent administrative commitment hearing. Notwithstanding
this paragraph, an administrative commitment may not continue beyond the term
of incarceration to which the inmate was sentenced or beyond the period of time
that the youth offender may be placed in a youth correction facility.
SECTION 44. ORS 179.478 is amended to read:
179.478. (1) If the
person, a relative, guardian or friend, or institution staff have probable
cause to believe that an inmate or youth offender is [mentally retarded] a person with mental retardation to such
a degree that the inmate or youth offender cannot adjust to or benefit from the
Department of Corrections institution or youth correction facility, the
superintendent of the institution shall request that a diagnostic assessment be
performed by the Department of Human Services or its designee. If there is
probable cause to believe that the inmate or youth offender is [mentally retarded] a person with
mental retardation and otherwise eligible for admission to a state [hospital and] training center [for the mentally retarded] pursuant to
ORS 427.010 and other applicable statutes and rules of the Department of Human
Services, the person shall be entitled to a commitment hearing.
(2) If the inmate or
youth offender is by clear and convincing evidence determined by the court to
be [mentally retarded] a person
with mental retardation, the person shall be committed and transferred to a
[hospital and] training center
designated by the Department of Human Services as soon as space in an
appropriate unit is available, and any sentence to a Department of Corrections
institution or commitment to the youth correction facility shall be terminated.
SECTION 45. ORS 179.485 is amended to read:
179.485. Persons
transferred to a state institution for [the
mentally ill or the mentally retarded] persons with mental illness or
mental retardation under ORS 179.473, 179.478[, 179.485] and 420.505 shall be entitled to the same legal rights
as any other persons admitted to those institutions.
SECTION 46. ORS 181.550 is amended to read:
181.550. (1) All law enforcement agencies shall report to the Department
of State Police statistics concerning crimes:
(a) As directed by the
department, for purposes of the Uniform Crime Reporting System of the Federal
Bureau of Investigation.
(b) As otherwise
directed by the Governor concerning general criminal categories of criminal
activities but not individual criminal records.
(c) Motivated by
prejudice based on the perceived race, color, religion, national origin, sexual
orientation, marital status, political affiliation or beliefs, membership or
activity in or on behalf of a labor organization or against a labor
organization, physical or mental [handicap]
disability, age, economic or social status or citizenship of the victim.
(d) And other incidents arising
out of domestic disturbances under ORS 133.055 (2) and 133.310 (3).
(2) The department shall
prepare:
(a) Quarterly and annual
reports for the use of agencies reporting under subsection (1) of this section,
and others having an interest therein;
(b) An annual public
report of the statistics on the incidence of crime motivated by prejudice based
on the perceived race, color, religion, national origin, sexual orientation,
marital status, political affiliation or beliefs, membership or activity in or
on behalf of a labor organization or against a labor organization, physical or
mental [handicap] disability,
age, economic or social status or citizenship of the victim;
(c) Quarterly and annual
reports of the statistics on the incidence of crimes and incidents of domestic
disturbances; and
(d) Special reports as
directed by the Governor.
SECTION 47. ORS 181.642 is amended to read:
181.642. The Board on
Public Safety Standards and Training shall ensure that all police officers and
certified reserve officers are trained to:
(1) Investigate,
identify and report crimes:
(a) Motivated by
prejudice based on the perceived race, color, religion, national origin, sexual
orientation, marital status, political affiliation or beliefs, membership or
activity in or on behalf of a labor organization or against a labor
organization, physical or mental [handicap]
disability, age, economic or social status or citizenship of the victim;
and
(b) That constitute
abuse, as defined in ORS 419B.005, or domestic violence.
(2) Understand the
requirements of the Vienna Convention on Consular Relations and identify
situations in which the officers are required to inform a person of the person’s
rights under the convention.
SECTION 48. ORS 182.109 is amended to read:
182.109. In carrying out
the policies stated in ORS 410.710, state agencies shall:
(1) Review their rules
and policies and may revise them as necessary to reflect a positive approach to
persons with disabilities.
(2) Encourage and
promote education of state employees, state officials and the public in general
about the worth and capacity of persons with disabilities.
(3) In all state
correspondence and publications, avoid the use of stereotypes and negative
labels such as “victim,” “afflicted,” “crippled” and “handicapped” except as
such terms [as] are required
by statute or federal law and regulation.
(4) Use the preferred
and more positive term “person with [disabilities]
a disability” instead of “disabled person,” “handicapped” or other negative
words except as such terms [as] are
required by statute or federal law and regulation.
(5) In implementing
subsections (1) to (4) of this section, develop and seek input regarding
terminology and portrayal of persons with disabilities from persons who have
disabilities and their advocates.
(6) Foster corrective
measures and avoid stereotypes and negative labeling in texts used by schools,
newspapers, magazines, radio and television by encouraging review and analysis
of these media by publishers, company owners or appropriate agencies.
(7) Use the term “person
with [disabilities] a disability”
to the extent consistent with state and federal law in rules adopted on or
after January 1, 2006.
SECTION 49. ORS 185.110 is amended to read:
185.110. As used in ORS
185.110 to 185.230, unless the context requires otherwise:
(1) “Advocate self-help
group” means any organized group of individuals with disabilities who have
joined together for purposes of informing the public of their needs and
obtaining resources, services and benefits for their membership.
(2) “Consumer” means an
individual with a disability, or a parent or legal guardian, other than the
State of
(3) “[Disabled] Individual with a
disability” means anyone who:
(a)
Has a physical or mental impairment which substantially limits one or more of
the individual’s major life activities;
(b) Has a record of such
impairment; or
(c) Is regarded as
having such an impairment.
(4) “Sign language
interpreter” means a person who is readily able to communicate with a [hard-of-hearing] person who is hard
of hearing, translate proceedings or conversations and accurately repeat
and translate the statements of a [hard-of-hearing]
person who is hard of hearing.
SECTION 50. ORS 185.140 is amended to read:
185.140. (1) The
(a) Advise the
Department of Human Services, the Governor, the Legislative Assembly and
appropriate state agency administrators on services and resources needed to
serve [disabled] individuals with
disabilities and recommend action by the Governor, the Legislative
Assembly, state agencies, other governmental entities and the private sector
appropriate to meet such needs.
(b) Advise the Governor,
state and local elected officials and managers of public and private firms and
agencies on issues related to achieving full economic, social, legal and
political equity for individuals with disabilities.
(2) The commission in no
way shall impinge upon the authority or responsibilities of any other existing
or duly appointed commissions, boards, councils or committees. The commission
shall act as a coordinating link between and among public and private
organizations serving [disabled]
individuals with disabilities.
SECTION 51. ORS 185.225 is amended to read:
185.225. The State Board
of Education shall adopt by rule standards for sign language interpreters for [the deaf and hard-of-hearing] persons
in the public schools who are deaf or hard of hearing. In developing the
standards, the state board shall consult with the advisory committee created
under ORS 410.740 and the Director of Human Services.
SECTION 52. 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) A quorum of a governing
body may not 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 may
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 does 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 as 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.
(5)(a) It is
discrimination on the basis of disability for a governing body of a public body
to meet in a place inaccessible to [the
disabled] persons with disabilities, or, upon request of a [deaf or hard-of-hearing] person who
is deaf or hard of hearing, to fail to make a good faith effort to have an
interpreter for [deaf or hard-of-hearing]
persons who are deaf or hard of hearing 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 Department of Human
Services 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
department 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.
SECTION 53. ORS 194.578 is amended to read:
194.578. (1) As used in
this section, “[blind] person who
is blind” and “[visually impaired
individual] person with a visual impairment” have the meanings given
those terms in ORS 346.110.
(2) Notwithstanding any
provision of ORS 194.005 to 194.200 or ORS 194.505 to 194.595:
(a) A [blind] person who is blind, a [visually impaired individual] person
with a visual impairment or a person with a disability who is unable to
sign any document because of the disability may use a signature stamp whenever
the signature of the person is required on any document presented for
notarization;
(b) In performing any
notarial act involving the signature of a person described in paragraph (a) of
this subsection, a notarial officer, in the manner prescribed by the Secretary
of State by rule, shall witness the use of the signature stamp and accept the
stamp in lieu of the signature of the person; and
(c) The notarial
certificate of an act signed with a signature stamp shall contain the phrase “signed
by stamp before me” or words to that effect.
SECTION 54. ORS 197.663 is amended to read:
197.663. The Legislative
Assembly finds and declares that:
(1) It is the policy of
this state that [disabled] persons with
disabilities and elderly persons are entitled to live as normally as
possible within communities and should not be excluded from communities because
their disability or age requires them to live in groups;
(2) There is a growing
need for residential homes and residential facilities to provide quality care
and protection for [disabled] persons
with disabilities and elderly persons and to prevent inappropriate
placement of such persons in state institutions and nursing homes;
(3) It is often
difficult to site and establish residential homes and residential facilities in
the communities of this state;
(4) To meet the growing
need for residential homes and residential facilities, it is the policy of this
state that residential homes and residential facilities shall be considered a
residential use of property for zoning purposes; and
(5) It is the policy of
this state to integrate residential facilities into the communities of this
state. The objective of integration cannot be accomplished if residential
facilities are concentrated in any one area.
SECTION 55. ORS 206.315 is amended to read:
206.315. (1) A sheriff
is entitled to receive from the county the actual and necessary expenses of the
sheriff incurred in transporting and conveying convicts and parole violators to
a Department of Corrections institution and [mentally ill] persons with mental illness to a state mental
hospital when conveyed by the sheriff in pursuance of the adjudication of an
authorized tribunal of the state, to be audited and allowed as other claims
against the county.
(2) All counties are
entitled to receive reimbursement from the state in the amounts specified in
subsection (3) of this section for the actual and necessary expenses incurred
by the sheriff under subsection (1) of this section.
(3) Reimbursement by the
state under subsection (2) of this section shall be as follows:
(a) Full reimbursement
for transporting and conveying [mentally
ill] persons with mental illness to a state mental hospital.
(b) Full reimbursement
for returning a parole violator to the state penitentiary.
(c)
Seventy-five percent reimbursement for transporting and conveying a convict to
a Department of Corrections institution.
SECTION 56. ORS 236.010 is amended to read:
236.010. (1) An office shall become vacant before the expiration of the
term if:
(a) The incumbent dies,
resigns or is removed.
(b) The incumbent ceases
to be an inhabitant of the district, county or city for which the incumbent was
elected or appointed, or within which the duties of the office of the incumbent
are required to be discharged.
(c) The incumbent is
convicted of an infamous crime, or any offense involving the violation of the
oath of the incumbent.
(d) The incumbent
refuses or neglects to take the oath of office, or to give or renew the
official bond of the incumbent, or to deposit such oath or bond within the time
prescribed by law.
(e) The election or
appointment of the incumbent is declared void by a competent tribunal.
(f) The incumbent is
found to be a [mentally diseased]
person with a mental illness by the decision of a competent tribunal.
(g) The incumbent ceases
to possess any other qualification required for election or appointment to such
office.
(h) Appointment of the
incumbent is subject to Senate confirmation under section 4, Article III of the
Oregon Constitution, and the appointment is not confirmed.
(2) The provisions of
subsection (1)(b) of this section [shall]
do not apply [where] when
residence within the district, county or city for which the incumbent was
elected or appointed is not required for such election or appointment.
SECTION 57. ORS 238.350 is amended to read:
238.350. (1)(a) Upon the
request by a public employer that its employees be compensated for accumulated
unused sick leave with pay in the form of increased retirement benefits upon
service or disability retirement, the board shall establish a procedure for
adding to the gross amount of salary used in determining final average salary
the monetary value of one-half of the accumulated unused sick leave with pay of
each retiring employee of the requesting public employer and shall establish
benefits of the retiring employee on the basis of a final average salary
reflecting that addition.
(b) For employees of a
common school district, a union high school district, an education service
district or a community college, or employees of the State Board of Higher
Education engaged in teaching or other school activity at an institution of
higher education, or employees of state schools for [the] persons who are deaf or blind engaged in teaching or
other school activity, who are employed under contract for a period of less
than 12 consecutive months and who are entitled to sick leave with pay of less
than 96 hours for a year, each hour of accumulated unused sick leave with pay
shall be valued on the basis of the actual number of contract hours of
employment during the last year of contributing membership of an employee
before retiring and the salary of the employee during the same period. This
paragraph does not apply to any employee who is employed under contract for 12
consecutive months in any of the three or less years used in determining the
final average salary of the employee.
(c) For the purpose of
this subsection, accumulated unused sick leave with pay includes unused sick
leave with pay accumulated by an active member of the system while in the
service of any public employer participating in the system that has the request
described in paragraph (a) of this subsection in effect at the time of the
member’s separation from the service of the employer, whether that employer is
or is not the employer of the member at the time of the member’s retirement.
(d) The board shall
establish rules requiring all public employers participating in the system to
transmit to the board reports of unused sick leave with pay accumulated by
their employees who are members of the system and to provide timely
notification to each of those employees of unused sick leave with pay
accumulated by the employee and reported to the board.
(2) Accumulated unused
sick leave with pay may be considered for the purpose of subsection (1) of this
section only in accordance with the following requirements:
(a) Sick leave not
credited at the rate actually provided by the public employer may not be
considered. The amount of sick leave exceeding an amount credited at the lowest
rate in effect for any employee of the public employer who is normally entitled
to sick leave, and in any event exceeding an amount credited at a rate of eight
hours for each full month worked, may not be considered.
(b) Sick leave credited
for periods when an employee was absent from employment on sabbatical leave,
educational leave or any leave without pay may not be considered.
(c) Any period during
which an employee was absent from employment for illness or injury that was
charged against sick leave not qualified for consideration shall be deducted
from sick leave qualified for consideration.
(d) Sick leave for any
period for which the public employer provides no sick leave with pay for its
employees may not be considered.
(e) Sick leave
accumulated on and after July 1, 1973, may be considered only to the extent it
is supported by records of accumulation and use pursuant to a plan adopted
formally by the public employer.
(f) Accumulated unused
sick leave for periods before July 1, 1973, may be considered as follows:
(A) If any department,
bureau or other organizational unit of a public employer maintained formal
records of accumulation and use even though the public employer did not require
that those records be maintained, the accumulated unused sick leave shall be
considered according to those records.
(B) Where the public
employer provided sick leave before July 1, 1973, but formal records of
accumulation and use were not required or if required, are unavailable or
incomplete, or the sick leave was subject to administrative limitations on
total accumulation or transfer between public employers, accumulated unused
sick leave for periods before July 1, 1973, may be considered as equal to 2.675
hours for each full month worked or an amount per month equal to the average
monthly accumulation by an employee during the period beginning July 1, 1973,
and ending at the time of retirement, whichever amount is greater, but reduced
by the amount of any accumulated unused sick leave credited to the employee on
July 1, 1973.
(g) The written
certification of a member or former member of the Legislative Assembly shall
constitute a formal record of accumulation and use in determining the amount of
accumulated unused sick leave of an employee of the Legislative Assembly,
either of its houses or any of its committees or officers for periods of
employment before July 1, 1981. Sick leave accumulated on and after July 1,
1981, by employees of the Legislative Assembly, either of its houses or any of
its committees or officers may be considered only to the extent it is supported
by records of accumulation and use maintained by the Legislative Administration
Committee, or any statutory, standing, special or interim committee of the
Legislative Assembly or either house thereof, or any constitutional or
statutory office of the Legislative Assembly or either house thereof, pursuant
to a plan adopted formally by the committee or officer.
(3)(a) As used in this
subsection, “legislative employee” means any person employed by the Legislative
Assembly, either of its houses or any of its committees or officers, but does
not include a regular employee of a statutory committee or statutory office of
the Legislative Assembly described in ORS 173.005 (1).
(b) Upon the request of
a retiring legislative employee who is a member of the system, and the request
of the public employer of the legislative employee, that the legislative
employee be compensated for accumulated unused vacation with pay for periods of
legislative employment in the form of increased retirement benefits upon
service or disability retirement, the board shall add to the gross amount of
salary used in determining final average salary of the legislative employee the
monetary value of one-half of the accumulated unused vacation with pay of the
legislative employee and shall establish the benefits of the legislative
employee on the basis of a final average salary reflecting that addition.
(c) Accumulated unused
vacation with pay may be considered for the purposes of paragraph (b) of this
subsection only in accordance with the following requirements:
(A) Vacation not
credited at the rate actually provided by the public employer may not be
considered.
(B) Amounts of vacation
exceeding amounts creditable to employees in the classified service of the
state service pursuant to ORS 240.515 (1), and rules adopted pursuant thereto,
in effect on June 30, 1981, shall not be considered.
(C) Vacation accumulated
before, on and after July 1, 1981, may be considered only to the extent it is
supported by records of accumulation and use pursuant to a plan adopted
formally by the public employer. However, the written certification of a member
or former member of the Legislative Assembly shall constitute a formal record
of accumulation and use in determining the amount of accumulated unused
vacation of a legislative employee for periods of legislative employment before
July 1, 1981.
(4) Employers with plans
providing payments on account of sickness in lieu of sick leave with pay may
request the board to consider the monetary value of accumulated unused payments
on account of sickness as if such payments were an equivalent amount of
accumulated unused sick leave with pay under the same terms and conditions
specified in subsections (1) and (2) of this section.
SECTION 58. ORS 254.435 is amended to read:
254.435. (1) Subject to
ORS 254.485, [no] a person [shall] may not take an official
ballot from the polling place, except a board clerk may take a ballot to [a handicapped] an elector with
a disability offering to vote immediately outside the polling place.
(2) An elector who does
not vote the ballot before leaving the polling place shall return the ballot to
a board clerk. The clerk shall write on the stub “Not voted” and initial the
stub. The clerk then shall treat the stub and the ballot as a spoiled ballot.
The clerk shall draw a line with pen and ink in the poll book across the
signature of the elector and write the words “Not voted.”
SECTION 59. ORS 267.240 is amended to read:
267.240. (1) In carrying
out its duties under ORS 267.200, the district shall provide, for persons
who are elderly or have disabilities, a program of transportation [for persons who are elderly or disabled,
which] that:
(a) Is devised in
consultation with and after solicitation of the views of persons representative
of the communities for which such transportation shall be provided; and
(b) Gives due regard to
parity of service.
(2) In carrying out its
duties under ORS 267.200 (4), the district shall cause its future facilities and
new equipment to be of such types as to make such facilities and equipment
accessible to, and usable by, persons who are elderly
or [disabled] have disabilities.
However, contracts for equipment are exempt from this requirement until such
equipment:
(a)
Is available from not less than two manufacturers in mass producible
quantities; and
(b) Conforms to designs
approved by the Federal Transit Administration of the United States Department
of Transportation as providing access to and being usable by persons who are
elderly or [disabled] have
disabilities.
(3) Notwithstanding
subsection (2) of this section or any other provision of the law of this state,
a program for transportation of persons who are elderly or [disabled] have disabilities shall
be deemed to be in compliance with the laws of this state and rules promulgated
thereunder if the program satisfies subsection (1) of this section and the
federal regulations relating to transportation for persons who are elderly or [disabled] have disabilities promulgated
by the Federal Transit Administration of the United States Department of
Transportation.
SECTION 60. ORS 276.594 is amended to read:
276.594. (1) Except for
parking facilities located in the garage of the State Capitol and in the area
immediately in front of the State Capitol, but south of Court Street, the
Oregon Department of Administrative Services shall also manage and determine
under what conditions the grounds and parking structures owned, leased, or
being acquired through lease purchase or installment purchase agreement by any
state agency, which are located in the capitol area in the City of Salem, shall
be used. Such grounds and structures include those located either adjacent, on
or in close proximity to, though not necessarily contiguous to, leased office
quarters defined in ORS 276.420, the Supreme Court Building, the buildings or
facilities defined in ORS 276.004 and those grounds owned by the state by and
through its Oregon Department of Administrative Services adjacent to the installations
and facilities located in the area described in ORS 276.028 except the State
Capitol. However, the department shall not exercise such authority over grounds
or facilities that are owned, directly leased, or being acquired through lease
purchase or installment purchase by another state agency which are outside of
the capitol area in the City of
(2) Based upon its
findings, the department shall adopt rules for parking of motor vehicles or
other transportation uses of such grounds and facilities for which it is
responsible under subsection (1) of this section. Notice of the rules shall be
given by appropriate signs posted on the grounds and in the facilities. In
adopting the rules, the department shall consider the state policy stated in
ORS 276.591.
(3) The department may
lease portions of the facilities and grounds described in subsection (1) of
this section for the parking of motor vehicles and other transportation uses as
it determines are appropriate. However, in such leasing, priority shall first
be given to the needs of state officers and employees.
(4) The department shall
furnish a space without charge to each statewide elective officer, except those
with offices in the State Capitol, and shall designate certain spaces, either
free or metered, for use by persons transacting business in state offices. The
department may also provide free parking for [disabled] employees with disabilities who have been issued a
disabled person parking permit by the Department of Transportation and who require
the use of their vehicle in traveling to and from work. Any spaces not required
for leasing to state officers and employees, or for other authorized purposes,
may be leased to other persons.
(5) Receipts obtained
under this section shall be retained by the Oregon Department of Administrative
Services, except that the net receipts from any parking facilities which are
located in the capitol area in the City of Salem and which are owned, directly
leased, or being acquired through lease purchase or installment purchase
agreement by any agency other than the Oregon Department of Administrative
Services may be returned to the agency by the department.
SECTION 61. ORS 276.595 is amended to read:
276.595. (1) Each state
agency, other than the Oregon Department of Administrative Services, shall
manage and determine under what conditions the grounds and parking structures
owned, directly leased or being acquired through lease purchase or installment
purchase by it, which are outside the capitol area in the City of Salem, may be
used by owners and operators of motor vehicles and for other transportation
purposes.
(2) Based upon its
findings, the state agency shall adopt rules for parking of motor vehicles or
other transportation uses of such grounds and facilities for which it is
responsible under subsection (1) of this section. Notice of the rules shall be
given by appropriate signs posted on the grounds and in the facilities. In
adopting the rules, the state agency shall consider the state policy stated in
ORS 276.591.
(3) The state agency may
lease portions of the facilities and grounds described in subsection (1) of
this section for the parking of motor vehicles and other transportation uses as
it determines is appropriate. However, in such leasing, priority shall first be
given to the needs of state officers and employees. The agency shall designate
certain spaces, either free or metered, for use by persons transacting business
in state offices. The state agency may also provide free parking for [disabled] employees with disabilities
who have been issued a disabled person parking permit by the Department of
Transportation and who require the use of their vehicle in traveling to and
from work. Any spaces not required for leasing to state officers and employees,
or for other authorized purposes, may be leased to other persons.
SECTION 62. ORS 279.835 is amended to read:
279.835. As used in ORS
279.835 to 279.855:
(1) “Department” means
the Oregon Department of Administrative Services.
(2) “Direct labor” includes
all work required for preparation, processing and packing, but not supervision,
administration, inspection and shipping.
(3) “[Disabled] Individual with a
disability” means an individual who, because of the nature of disabilities,
is not able to participate fully in competitive employment, and for whom
specialized employment opportunities must be provided.
(4) “Public agency” or “public
contracting agency” means any agency of the State of
(5) “Qualified nonprofit
agency for [disabled individual] individuals
with disabilities” means a nonprofit activity center or rehabilitation
facility:
(a) Organized under the
laws of the United States or of this state and operated in the interest of [disabled] individuals with
disabilities, and the net income of which does not inure in whole or in
part to the benefit of any shareholder or other individual;
(b) That complies with
any applicable occupational health and safety standard required by the laws of
the
(c) That in the
manufacture of products and in the provision of services, whether or not the
products or services are procured under ORS 279.835 to 279.855, during the
fiscal year employs [disabled]
individuals with disabilities for not less than 75 percent of the work
hours of direct labor required for the manufacture or provision of the products
or services.
SECTION 63. ORS 279.840 is amended to read:
279.840. The purpose of
ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 is to further the policy of
this state to encourage and assist [disabled]
individuals with disabilities to achieve maximum personal independence through
useful and productive gainful employment by assuring an expanded and constant
market for sheltered workshop and activity center products and services,
thereby enhancing their dignity and capacity for self-support and minimizing
their dependence on welfare and need for costly institutionalization.
SECTION 64. ORS 279.845 is amended to read:
279.845. (1) It [shall be] is the duty of the
Oregon Department of Administrative Services to:
(a) Determine the price
of all products manufactured and services offered for sale to the various
public agencies by any qualified nonprofit agency for [disabled] individuals with disabilities. The price shall
recover for the workshops the cost of raw materials, labor, overhead, delivery
costs and a margin held in reserve for inventory and equipment replacement;
(b) To revise such
prices from time to time in accordance with changing cost factors; and
(c) To make such rules
regarding specifications, time of delivery and other relevant matters of
procedure as shall be necessary to carry out the purposes of ORS 279.835 to
279.855, 279A.025 (4) and 279C.335.
(2) The department shall
establish and publish a list of sources or potential sources of products
produced by any qualified nonprofit agency for [disabled] individuals with disabilities and the services
provided by any such agency, which the department determines are suitable for
procurement by public agencies pursuant to ORS 279.835 to 279.855, 279A.025 (4)
and 279C.335. This procurement list and revisions thereof shall be distributed
to all public purchasing officers.
(3) The department may
not delegate any duty imposed under this section to any person or public agency
outside of the department.
SECTION 65. ORS 279.850 is amended to read:
279.850. (1) If any
public agency intends to procure any product or service on the procurement
list, that public agency shall, in accordance with rules of the Oregon
Department of Administrative Services, procure such product or service, at the
price established by the department, from a qualified nonprofit agency for [disabled] individuals with
disabilities, provided the product or service is of the appropriate
specifications and is available within the period required by that public
agency.
(2) In furthering the
purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335, it is the intent
of the Legislative Assembly that there be close cooperation between the
department, public contracting agencies and qualified nonprofit agencies for [disabled] individuals with
disabilities. The department on behalf of public contracting agencies and
qualified nonprofit agencies for [disabled]
individuals with disabilities is authorized to enter into such
contractual agreements, cooperative working relationships or other arrangements
as may be determined to be necessary for effective coordination and efficient
realization of the objectives of ORS 279.835 to 279.855, 279A.025 (4) and
279C.335 and any other law requiring procurement of products or services.
SECTION 66. ORS 279.855 is amended to read:
279.855. The following
may purchase equipment, materials, supplies and services through the Oregon
Department of Administrative Services in the same manner as state agencies as
provided in ORS 279A.140 to 279A.155 and 279A.250 to 279A.290:
(1) Qualified nonprofit
agencies for [disabled] individuals with
disabilities participating in the program set forth in ORS 279.835 to
279.855, 279A.025 (4) and 279C.335.
(2) Residential programs
when under contract with the Department of Human Services to provide services
to youth in the custody of the state.
(3) Public benefit
corporations, as defined in ORS 65.001, that provide public services either
under contract with a state agency, as defined in ORS 171.133, or under
contract with a unit of local government, as defined in ORS 190.003, that funds
the contract, in whole or in part, with state funds.
SECTION 67. ORS 279A.025 is amended to read:
279A.025. (1) Except as
provided in subsections (2) to (4) of this section, the Public Contracting Code
applies to all public contracting.
(2) The Public
Contracting Code does not apply to:
(a) Contracts between
contracting agencies or between contracting agencies and the federal
government;
(b) Insurance and
service contracts as provided for under ORS 414.115, 414.125, 414.135 and
414.145 for purposes of source selection;
(c) Grants;
(d) Contracts for
professional or expert witnesses or consultants to provide services or
testimony relating to existing or potential litigation or legal matters in
which a public body is or may become interested;
(e) Acquisitions or
disposals of real property or interest in real property;
(f) Sole-source
expenditures when rates are set by law or ordinance for purposes of source
selection;
(g) Contracts for the
procurement or distribution of textbooks;
(h) Procurements by a
contracting agency from an Oregon Corrections Enterprises program;
(i) The procurement,
transportation or distribution of distilled liquor, as defined in ORS 471.001,
or the appointment of agents under ORS 471.750 by the Oregon Liquor Control
Commission;
(j) Contracts entered
into under ORS chapter 180 between the Attorney General and private counsel or
special legal assistants;
(k) Contracts for the
sale of timber from lands owned or managed by the State Board of Forestry and
the State Forestry Department;
(L) Contracts for forest
protection or forest related activities, as described in ORS 477.406, by the
State Forester or the State Board of Forestry;
(m) Sponsorship
agreements entered into by the State Parks and Recreation Director in
accordance with ORS 565.080 (4);
(n) Contracts entered
into by the Housing and Community Services Department in exercising the
department’s duties prescribed in ORS chapters 456 and 458, except that the
department’s public contracting for goods and services, as defined in ORS
279B.005, is subject to ORS chapter 279B;
(o) Contracts entered
into by the State Treasurer in exercising the powers of that office prescribed
in ORS chapters 178, 286, 287, 288, 289, 293, 294 and 295, including but not
limited to investment contracts and agreements, banking services, clearing
house services and collateralization agreements, bond documents, certificates
of participation and other debt repayment agreements, and any associated
contracts, agreements and documents, regardless of whether the obligations that
the contracts, agreements or documents establish are general, special or
limited, except that the State Treasurer’s public contracting for goods and
services, as defined in ORS 279B.005, is subject to ORS chapter 279B;
(p) Contracts,
agreements or other documents entered into, issued or established in connection
with:
(A) The incurring of
debt by a public body, including but not limited to the issuance of bonds,
certificates of participation and other debt repayment obligations, and any
associated contracts, agreements or other documents, regardless of whether the
obligations that the contracts, agreements or other documents establish are
general, special or limited;
(B) The making of program
loans and similar extensions or advances of funds, aid or assistance by a
public body to a public or private body for the purpose of carrying out,
promoting or sustaining activities or programs authorized by law; or
(C) The investment of
funds by a public body as authorized by law, and other financial transactions
of a public body that by their character cannot practically be established
under the competitive contractor selection procedures of ORS 279B.050 to
279B.085;
(q) Contracts for
employee benefit plans as provided in ORS 243.105 (1), 243.125 (4), 243.221,
243.275, 243.291, 243.303 and 243.565; or
(r) Any other public
contracting of a public body specifically exempted from the code by another
provision of law.
(3) The Public
Contracting Code does not apply to the public contracting activities of:
(a) The
(b) The Oregon
University System and member institutions, except as provided in ORS 351.086;
(c) The legislative
department;
(d) The judicial
department;
(e) Semi-independent
state agencies listed in ORS 182.451 and 182.454, except as provided in ORS
279.835 to 279.855 and 279A.250 to 279A.290;
(f)
(g) The
(h) The Travel
Information Council, except as provided in ORS 279A.250 to 279A.290;
(i) The
(j) The
(k) Any other public
body specifically exempted from the code by another provision of law.
(4) ORS 279A.200 to
279A.225 and 279B.050 to 279B.085 do not apply to contracts made with qualified
nonprofit agencies providing employment opportunities for [disabled] individuals with disabilities under ORS 279.835 to
279.855.
SECTION 68. ORS 279A.050 is amended to read:
279A.050. (1) Except as
otherwise provided in the Public Contracting Code, a contracting agency shall
exercise all rights, powers and authority in accordance with the provisions of
the Public Contracting Code.
(2) Except as otherwise
provided in the Public Contracting Code, for state agencies the Director of the
Oregon Department of Administrative Services has all of the rights, powers and
authority necessary to carry out the provisions of the Public Contracting Code.
(3) Except as otherwise
provided in the Public Contracting Code, the Director of Transportation has all
of the rights, powers and authority to:
(a) Procure or supervise
the procurement of all services and personal services to construct, acquire,
plan, design, maintain and operate passenger terminal facilities and motor
vehicle parking facilities in connection with any public transportation system
in accordance with ORS 184.689 (5);
(b) Procure or supervise
the procurement of all goods, services, public improvements and personal
services relating to the operation, maintenance or construction of highways,
bridges and other transportation facilities that are subject to the authority
of the Department of Transportation; and
(c) Establish standards
for, prescribe forms for and conduct the prequalification of prospective
bidders on public improvement contracts related to the operation, maintenance
or construction of highways, bridges and other transportation facilities that
are subject to the authority of the Department of Transportation.
(4) Except as otherwise
provided in the Public Contracting Code, the Secretary of State has all of the
rights, powers and authority to procure or supervise the procurement of goods,
services and personal services related to programs under the direct authority
of the Secretary of State.
(5) Except as otherwise
provided in the Public Contracting Code, the State Treasurer has all of the
rights, powers and authority to procure or supervise the procurement of goods,
services and personal services related to programs under the authority of the
State Treasurer.
(6) The following
specific limited authorities are subject to the provisions of the Public
Contracting Code:
(a) The Department of
Human Services to procure or supervise the procurement of goods, services and
personal services for the construction, demolition, exchange, maintenance,
operation and equipping of housing:
(A) For [the chronically mentally ill] persons
with chronic mental illness, subject to applicable provisions of ORS
426.504; and
(B) For the purpose of
providing care to individuals with mental retardation or other developmental
disabilities, subject to applicable provisions of ORS 427.335;
(b) The State Department
of Fish and Wildlife to procure or supervise the procurement of all goods,
services, public improvements and personal services relating to dams, fishways,
ponds and related fish and game propagation facilities;
(c) The State Parks and
Recreation Department to procure or supervise the procurement of all goods,
services, public improvements and personal services relating to state parks;
(d) The Oregon
Department of Aviation to procure or supervise the procurement of all goods,
services, public improvements and personal services related to airports owned
or operated by the state;
(e) The Economic and
Community Development Department to procure or supervise the procurement of all
goods, services, personal services and public improvements related to its foreign
trade offices operating outside the state;
(f) The Attorney General
to enter into contracts as necessary to exercise the authority granted in ORS
chapter 180;
(g) The Housing and
Community Services Department to procure or supervise the procurement of goods,
services and personal services;
(h) The Department of
Corrections to procure or supervise the procurement of goods, services and
personal services for the construction of all new buildings or additions for
its institutions;
(i) The Department of
Corrections, subject to any applicable provisions of ORS 279A.120, 279A.125,
279A.145 and 283.110 to 283.395, to procure or supervise the procurement of
goods for its institutions;
(j) The Department of
Veterans’ Affairs to procure or supervise the procurement of real estate broker
and principal real estate broker services related to programs under the
department’s authority; and
(k) Any state agency to
make procurements when the agency is specifically authorized by any provision
of law other than the Public Contracting Code to enter into a contract.
SECTION 69. ORS 279C.335 is amended to read:
279C.335. (1) All public
improvement contracts shall be based upon competitive bids except:
(a) Contracts made with
qualified nonprofit agencies providing employment opportunities for [disabled] individuals with
disabilities under ORS 279.835 to 279.855.
(b) A public improvement
contract exempt under subsection (2) of this section.
(c) A public improvement
contract with a value of less than $5,000.
(d) A contract not to
exceed $100,000, or not to exceed $50,000 in the case of a contract for a
highway, bridge or other transportation project, made under procedures for
competitive quotes in sections 132 and 133, chapter 794, Oregon Laws 2003.
(e) Contracts for
repair, maintenance, improvement or protection of property obtained by the
Department of Veterans’ Affairs under ORS 407.135 and 407.145 (1).
(f) Energy savings
performance contracts entered into in accordance with rules of procedure
adopted under ORS 279A.065.
(g) A public improvement
contract awarded under subsection (6) of this section in response to an
emergency.
(2) Subject to
subsection (4)(b) of this section, the Director of the
Oregon Department of Administrative Services, a local contract review board or,
for contracts described in ORS 279A.050 (3)(b), the Director of Transportation
may exempt a public improvement contract or a class of public improvement
contracts from the competitive bidding requirements of subsection (1) of this
section upon approval of the following findings submitted by the contracting
agency seeking the exemption:
(a) It is unlikely that
the exemption will encourage favoritism in the awarding of public improvement
contracts or substantially diminish competition for public improvement
contracts; and
(b) The awarding of
public improvement contracts under the exemption will result in substantial
cost savings to the contracting agency or, if the contracts are for public
improvements described in ORS 279A.050 (3)(b), to the
contracting agency or the public. In making the finding, the Director of the
Oregon Department of Administrative Services, the Director of Transportation or
the local contract review board may consider the type, cost and amount of the
contract, the number of persons available to bid and such other factors as may
be deemed appropriate.
(3) In making findings
to support an exemption for a class of public improvement contracts, the
contracting agency shall clearly identify the class using the class’s defining
characteristics. Those characteristics shall include some combination of
project descriptions or locations, time periods, contract values, methods of
procurement or other factors that distinguish the limited and related class of
public improvement contracts from the contracting agency’s overall construction
program. The contracting agency may not identify a class solely by funding
source, such as a particular bond fund, or by the method of procurement, but
shall identify the class using characteristics that reasonably relate to the
exemption criteria set forth in subsection (2) of this section.
(4) In granting
exemptions under subsection (2) of this section, the Director of the Oregon
Department of Administrative Services, the Director of Transportation or the
local contract review board shall:
(a) When appropriate,
direct the use of alternate contracting methods that take account of market
realities and modern practices and are consistent with the public policy of
encouraging competition.
(b) Require and approve
or disapprove written findings by the contracting agency that support the
awarding of a particular public improvement contract or a class of public
improvement contracts, without the competitive bidding requirement of
subsection (1) of this section. The findings must show that the exemption of a
contract or class of contracts complies with the requirements of subsection (2)
of this section.
(5)(a) Before final
adoption of the findings required by subsection (2) of this section exempting a
public improvement contract or a class of public improvement contracts from the
requirement of competitive bidding, a contracting agency shall hold a public
hearing.
(b) Notification of the
public hearing shall be published in at least one trade newspaper of general
statewide circulation a minimum of 14 days before the hearing.
(c) The notice shall
state that the public hearing is for the purpose of taking comments on the
contracting agency’s draft findings for an exemption from the competitive
bidding requirement. At the time of the notice, copies of the draft findings
shall be made available to the public. At the option of the contracting agency,
the notice may describe the process by which the findings are finally adopted
and may indicate the opportunity for any further public comment.
(d) At the public
hearing, the contracting agency shall offer an opportunity for any interested
party to appear and present comment.
(e) If a contracting
agency is required to act promptly due to circumstances beyond the contracting
agency’s control that do not constitute an emergency, notification of the
public hearing may be published simultaneously with the contracting agency’s
solicitation of contractors for the alternative public contracting method, as
long as responses to the solicitation are due at least five days after the
meeting and approval of the findings.
(6) After declaring that
an emergency exists in accordance with rules adopted under ORS 279A.065, a
contracting agency may award a public improvement contract in response to the
emergency without using a competitive solicitation.
(7) A public improvement
contract awarded under the competitive bidding requirement of subsection (1) of
this section may be amended only in accordance with rules adopted under ORS
279A.065.
(8) Public improvement
contracts excepted from competitive bid requirements under subsection (1)(a), (c), (d), (e), (f) or (g) of this section are not
subject to the exemption requirements of subsection (2) of this section.
SECTION 70. ORS 279C.335, as amended by section 104,
chapter 794, Oregon Laws 2003, section 13, chapter 103, Oregon Laws 2005, and
section 59, chapter 625, Oregon Laws 2005, is amended to read:
279C.335. (1) All public
improvement contracts shall be based upon competitive bids except:
(a) Contracts made with
qualified nonprofit agencies providing employment opportunities for [disabled] individuals with
disabilities under ORS 279.835 to 279.855.
(b) A public improvement
contract exempt under subsection (2) of this section.
(c) A public improvement
contract with a value of less than $5,000.
(d) Contracts for
repair, maintenance, improvement or protection of property obtained by the
Department of Veterans’ Affairs under ORS 407.135 and 407.145 (1).
(e) Energy savings
performance contracts entered into in accordance with rules of procedure
adopted under ORS 279A.065.
(f) A public improvement
contract awarded under subsection (6) of this section in response to an
emergency.
(2) Subject to
subsection (4)(b) of this section, the Director of the
Oregon Department of Administrative Services, a local contract review board or,
for contracts described in ORS 279A.050 (3)(b), the Director of Transportation
may exempt a public improvement contract or a class of public improvement
contracts from the competitive bidding requirements of subsection (1) of this
section upon approval of the following findings submitted by the contracting
agency seeking the exemption:
(a) It is unlikely that
the exemption will encourage favoritism in the awarding of public improvement
contracts or substantially diminish competition for public improvement
contracts; and
(b) The awarding of
public improvement contracts under the exemption will result in substantial
cost savings to the contracting agency or, if the contracts are for public
improvements described in ORS 279A.050 (3)(b), to the
contracting agency or the public. In making the finding, the Director of the
Oregon Department of Administrative Services, the Director of Transportation or
the local contract review board may consider the type, cost and amount of the
contract, the number of persons available to bid and such other factors as may
be deemed appropriate.
(3) In making findings
to support an exemption for a class of public improvement contracts, the contracting
agency shall clearly identify the class using the class’s defining
characteristics. Those characteristics shall include some combination of
project descriptions or locations, time periods, contract values, methods of
procurement or other factors that distinguish the limited and related class of
public improvement contracts from the contracting agency’s overall construction
program. The contracting agency may not identify a class solely by funding
source, such as a particular bond fund, or by the method of procurement, but
shall identify the class using characteristics that reasonably relate to the
exemption criteria set forth in subsection (2) of this section.
(4) In granting
exemptions under subsection (2) of this section, the Director of the Oregon
Department of Administrative Services, the Director of Transportation or the
local contract review board shall:
(a) When appropriate,
direct the use of alternate contracting methods that take account of market
realities and modern practices and are consistent with the public policy of
encouraging competition.
(b) Require and approve
or disapprove written findings by the contracting agency that support the
awarding of a particular public improvement contract or a class of public
improvement contracts, without the competitive bidding requirement of
subsection (1) of this section. The findings must show that the exemption of a
contract or class of contracts complies with the requirements of subsection (2)
of this section.
(5)(a) Before final
adoption of the findings required by subsection (2) of this section exempting a
public improvement contract or a class of public improvement contracts from the
requirement of competitive bidding, a contracting agency shall hold a public
hearing.
(b) Notification of the public
hearing shall be published in at least one trade newspaper of general statewide
circulation a minimum of 14 days before the hearing.
(c) The notice shall
state that the public hearing is for the purpose of taking comments on the
contracting agency’s draft findings for an exemption from the competitive
bidding requirement. At the time of the notice, copies of the draft findings
shall be made available to the public. At the option of the contracting agency,
the notice may describe the process by which the findings are finally adopted
and may indicate the opportunity for any further public comment.
(d) At the public
hearing, the contracting agency shall offer an opportunity for any interested
party to appear and present comment.
(e) If a contracting agency
is required to act promptly due to circumstances beyond the contracting agency’s
control that do not constitute an emergency, notification of the public hearing
may be published simultaneously with the contracting agency’s solicitation of
contractors for the alternative public contracting method, as long as responses
to the solicitation are due at least five days after the meeting and approval
of the findings.
(6) After declaring that
an emergency exists in accordance with rules adopted under ORS 279A.065, a
contracting agency may award a public improvement contract in response to the
emergency without using a competitive solicitation.
(7) A public improvement
contract awarded under the competitive bidding requirement of subsection (1) of
this section may be amended only in accordance with rules adopted under ORS
279A.065.
(8) Public improvement
contracts excepted from competitive bid requirements under subsection (1)(a), (c), (d), (e) or (f) of this section are not subject
to the exemption requirements of subsection (2) of this section.
SECTION 71. ORS 279C.335, as amended by sections 104 and
105a, chapter 794, Oregon Laws 2003, sections 13 and 14, chapter 103, Oregon
Laws 2005, and sections 59 and 60, chapter 625, Oregon Laws 2005, is amended to
read:
279C.335. (1) All public
improvement contracts shall be based upon competitive bids except:
(a) Contracts made with
qualified nonprofit agencies providing employment opportunities for [disabled] individuals with
disabilities under ORS 279.835 to 279.855.
(b) A public improvement
contract exempt under subsection (2) of this section.
(c) A public improvement
contract with a value of less than $5,000.
(d) Contracts for
repair, maintenance, improvement or protection of property obtained by the
Department of Veterans’ Affairs under ORS 407.135 and 407.145 (1).
(e) Energy savings
performance contracts entered into in accordance with rules of procedure
adopted under ORS 279A.065.
(f) A public improvement
contract awarded under subsection (6) of this section in response to an
emergency.
(2) Subject to
subsection (4)(b) of this section, the Director of the
Oregon Department of Administrative Services or a local contract review board
may exempt a public improvement contract or a class of public improvement
contracts from the competitive bidding requirements of subsection (1) of this
section upon approval of the following findings submitted by the contracting
agency seeking the exemption:
(a) It is unlikely that
the exemption will encourage favoritism in the awarding of public improvement
contracts or substantially diminish competition for public improvement
contracts; and
(b) The awarding of
public improvement contracts under the exemption will result in substantial
cost savings to the contracting agency. In making the finding, the director or
the local contract review board may consider the type, cost and amount of the
contract, the number of persons available to bid and such other factors as may
be deemed appropriate.
(3) In making findings
to support an exemption for a class of public improvement contracts, the
contracting agency shall clearly identify the class using the class’s defining
characteristics. Those characteristics shall include some combination of
project descriptions or locations, time periods, contract values, methods of
procurement or other factors that distinguish the limited and related class of
public improvement contracts from the contracting agency’s overall construction
program. The contracting agency may not identify a class solely by funding
source, such as a particular bond fund, or by the method of procurement, but
shall identify the class using characteristics that reasonably relate to the
exemption criteria set forth in subsection (2) of this section.
(4) In granting
exemptions under subsection (2) of this section, the director or the local
contract review board shall:
(a) When appropriate,
direct the use of alternate contracting methods that take account of market
realities and modern practices and are consistent with the public policy of
encouraging competition.
(b) Require and approve
or disapprove written findings by the contracting agency that support the
awarding of a particular public improvement contract or a class of public
improvement contracts, without the competitive bidding requirement of
subsection (1) of this section. The findings must show that the exemption of a
contract or class of contracts complies with the requirements of subsection (2)
of this section.
(5)(a) Before final
adoption of the findings required by subsection (2) of this section exempting a
public improvement contract or a class of public improvement contracts from the
requirement of competitive bidding, a contracting agency shall hold a public
hearing.
(b) Notification of the
public hearing shall be published in at least one trade newspaper of general
statewide circulation a minimum of 14 days before the hearing.
(c) The notice shall
state that the public hearing is for the purpose of taking comments on the
contracting agency’s draft findings for an exemption from the competitive
bidding requirement. At the time of the notice, copies of the draft findings
shall be made available to the public. At the option of the contracting agency,
the notice may describe the process by which the findings are finally adopted
and may indicate the opportunity for any further public comment.
(d) At the public
hearing, the contracting agency shall offer an opportunity for any interested
party to appear and present comment.
(e) If a contracting
agency is required to act promptly due to circumstances beyond the contracting
agency’s control that do not constitute an emergency, notification of the
public hearing may be published simultaneously with the contracting agency’s
solicitation of contractors for the alternative public contracting method, as
long as responses to the solicitation are due at least five days after the
meeting and approval of the findings.
(6) After declaring that
an emergency exists in accordance with rules adopted under ORS 279A.065, a
contracting agency may award a public improvement contract in response to the
emergency without using a competitive solicitation.
(7) A public improvement
contract awarded under the competitive bidding requirement of subsection (1) of
this section may be amended only in accordance with rules adopted under ORS
279A.065.
(8) Public improvement
contracts excepted from competitive bid requirements under subsection (1)(a), (c), (d), (e) or (f) of this section are not subject
to the exemption requirements of subsection (2) of this section.
SECTION 72. ORS 285B.746 is amended to read:
285B.746. (1) The
Economic and Community Development Department may approve a loan requested in
an application filed under ORS 285B.743 if, after investigation, it finds that:
(a) The applicant is
enrolled in a small business management program with a small business
development center;
(b) The applicant has
prepared a business plan for the business, which has been reviewed by a small
business development center or other entity certified by the Economic and
Community Development Department to review business plans;
(c) The applicant has
developed an expenditure plan for the use of the moneys received as a loan for
the project under ORS 285B.740 to 285B.758; and
(d) The applicant is not
effectively owned or controlled by another business entity or other person
that, either by itself or when combined with the applicant, is not eligible for
a loan under ORS 285B.740 to 285B.758.
(2) In addition to the
requirements for loan approval described in subsection (1) of this section, in
order to obtain a loan under ORS 285B.740 to 285B.758, an applicant must also
satisfy two of the following conditions:
(a) The business or
proposed business, at the time of application, must not have been operating for
more than 24 months.
(b) The business must
have annual revenues of less than $100,000 in the 12-month period immediately
preceding the date of application.
(c) The business or
proposed business is owned in whole or in part by a person certified as [being severely disabled] having a
severe disability by the Department of Human Services or the Commission for
the Blind.
SECTION 73. ORS 285B.755 is amended to read:
285B.755. (1) The
Economic and Community Development Department shall appoint an Oregon Entrepreneurial
Development Loan Fund Advisory Committee of not less than five members to
advise the department on the operation of the loan program created by ORS
285B.740 to 285B.758. The individuals appointed to the advisory committee shall
be representatives of the private sector financial community, public sector
business finance groups, small business support organizations and owners and
operators of small businesses. The advisory committee shall include at least
one owner or operator of a small business who is a woman or a member of a
minority group. The advisory committee shall also include at least one person
who is a representative of [disabled]
Oregonians with disabilities.
(2) The Oregon
Entrepreneurial Development Loan Fund Advisory Committee shall review all loan
forms, contracts and other administrative materials to assure that the loan
program created by ORS 285B.740 to 285B.758 operates with administrative
simplicity and efficiency to the greatest extent possible.
SECTION 74. ORS 289.005 is amended to read:
289.005. As used in this
chapter, unless the context requires otherwise:
(1) “Authority” means
the Oregon Facilities Authority created by this chapter.
(2) “Bonds” or “revenue
bonds” means revenue bonds, notes, bond anticipation notes and any other
evidence of indebtedness of the authority issued under the provisions of this
chapter, including revenue refunding bonds, notwithstanding that the same may
be secured by any federally guaranteed security, whether acquired by the
authority or by a participating institution, or by mortgage, the full faith and
credit or by any other lawfully pledged security of one or more participating
institutions.
(3) “Cost” means the
cost of:
(a) Construction,
acquisition, alteration, enlargement, reconstruction and remodeling of a
project, including all lands, structures, real or personal property, rights,
rights of way, air rights, franchises, easements and interests acquired or used
for or in connection with a project;
(b) Demolishing or
removing any buildings or structures on land as acquired, including the cost of
acquiring any lands to which such buildings or structures may be moved;
(c) All machinery and
equipment;
(d) Financing charges,
interest prior to, during and for a period after completion of construction and
acquisition, reasonably required amounts to make the project operational,
provisions for reserves for principal and interest and for extensions,
enlargements, additions, replacements, renovations and improvements;
(e) Architectural, actuarial
engineering, financial and legal services, plans specifications, studies,
surveys, estimates of costs and of revenues, administrative expenses, expenses
necessary or incident to determining the feasibility or practicability of
constructing the project; and
(f) Such other expenses
as may be necessary or incident to a project, the financing of such project and
the placing of the project in operation.
(4) “Cultural
institution” means a public or nonprofit institution within this state which
engages in the cultural, intellectual, scientific, environmental, educational
or artistic enrichment of the people of this state. “Cultural institution”
includes, without limitation, aquaria, botanical societies, historical
societies, land conservation organizations, libraries, museums, performing arts
associations or societies, scientific societies, wildlife conservation
organizations and zoological societies. “Cultural institution” does not mean
any school or any institution primarily engaged in religious or sectarian
activities.
(5) “Health care
institution” means a public or nonprofit organization that provides health care
and related services, including but not limited to the provision of inpatient
and outpatient care, diagnostic or therapeutic services, laboratory services,
medicinal drugs, nursing care, assisted living, elderly care and housing,
including retirement communities, and equipment used or useful for the
provision of health care and related services.
(6) “Housing institution”
means a public or nonprofit organization that provides decent, affordable
housing to low income persons.
(7) “Institution” means
an institution for housing, higher education or prekindergarten through grade
12 education, a school for [the
handicapped] persons with disabilities, a health care institution or
a cultural institution within this state.
(8) “Institution for
higher education” means a public or nonprofit educational institution within
this state authorized by law to provide a program of education beyond the high
school level, including community colleges and associate degree granting
institutions. “Institution for higher education” does not mean any school or
any institution primarily engaged in religious or sectarian activities.
(9) “Institution for
prekindergarten through grade 12 education” means an Oregon prekindergarten as
defined in ORS 329.170, a public educational institution within this state
authorized by law to provide a program of education for kindergarten through
grade 12 or a nonprofit educational institution within this state registered as
a private school under ORS 345.545 that provides a program of education for
prekindergarten through grade 12. “Institution for prekindergarten through
grade 12 education” does not mean a school or institution primarily engaged in
religious or sectarian activities.
(10) “Nonprofit” means
an institution, organization or entity exempt from taxation under section 501(c)(3) of the Internal Revenue Code as amended and in effect
on the effective date of this chapter.
(11) “Participating
institution” means a participating institution for health care, housing, higher
education, a participating school for [the
handicapped] persons with disabilities or a participating cultural
institution.
(12)(a) “Project” means
the financing or refinancing, including without limitation, acquisition,
construction, enlargement, remodeling, renovation, improvement, furnishing or
equipping, of the following:
(A) In the case of a
participating institution that is an institution for higher education, an
institution for prekindergarten through grade 12 education or a school for [the handicapped] persons with
disabilities, a structure or structures suitable for use as a dormitory or
other multiunit housing facility for students, faculty, officers or employees,
or a dining hall, student union, administration building, academic building,
library, laboratory, research facility, classroom, athletic facility, health
care facility, maintenance, storage or utility facility and other structures or
facilities related to any of the structures required or used for the
instruction of students, the conducting of research or the operation of an
institution for higher education, an institution for prekindergarten through
grade 12 education or a school for [the
handicapped] persons with disabilities. It shall also include
landscaping, site preparation, furniture, equipment and machinery and other
similar items necessary or convenient for the operation of a particular
facility or structure in the manner for which its use is intended and shall
further include any furnishings, equipment, machinery and other similar items
necessary or convenient for the operation of an institution of higher
education, an institution for prekindergarten through grade 12 education or a
school for [the handicapped]
persons with disabilities, whether or not such items are related to a
particular facility or structure financed under this chapter;
(B) In the case of a
participating institution that is a housing institution, a structure or
structures suitable for use as housing, including residences or multiunit
housing facilities, administration buildings, maintenance, storage or utility
facilities and other structures or facilities related to any of the structures
required or used for the operation of the housing, including parking and other
facilities or structures essential or convenient for the orderly provision of
such housing. It shall also include landscaping, site preparation, furniture,
equipment and machinery and other similar items necessary or convenient for the
particular housing facility or structure in the manner for which its use is
intended and shall further include any furnishings, equipment, machinery and
other similar items necessary or convenient for the provision of housing, whether
or not such items are related to a particular facility or structure financed
under this chapter;
(C) In the case of a
participating institution that is a cultural institution, a structure or
structures suitable for its purposes, whether or not to be used to provide
educational services, or research resources, including use as or in connection
with an administrative facility, aquarium, assembly hall, auditorium, botanical
garden, exhibition hall, gallery, greenhouse, library, museum, scientific
laboratory, theater or zoological facility. It shall also include supporting
facilities, landscaping, site preparation, furniture, equipment, machinery and
other similar items necessary or convenient for the operation of a cultural
institution, whether or not such items are related to a particular facility or
structure financed under this chapter, including books, works of art or other
items for display or exhibition; and
(D) In the case of a
participating institution that is a health care institution, a structure or
structures suitable for its purposes, including hospital facilities, inpatient
and outpatient clinics, doctors’ offices, administration buildings, parking,
maintenance, storage or utility facilities, nursing care or assisted living
facilities, elderly care and housing facilities, including retirement
communities, and other structures or facilities related to any of the
structures required or used for the operation of the health care institution,
including other facilities or structures essential or convenient for the
orderly provision of such health care. It shall also include landscaping, site
preparation, furniture, equipment and machinery and other similar items
necessary or convenient for the particular health care facility or structure in
the manner for which its use is intended and shall further include any working
capital, furnishings, equipment, machinery and other similar items necessary or
convenient for the provision of health care, whether or not such items are
related to a particular facility or structure financed under this chapter,
including borrowings needed to alleviate interim cash flow deficits of a health
care institution.
(b) “Project” also
includes any combination of one or more of the projects undertaken jointly by
one or more participating institutions with each other or with other parties.
(c) “Project” does not
include any facility used or to be used for sectarian instruction or as a place
of religious worship or any facility which is used or to be used primarily in
connection with any part of the program of a school or department of divinity
for any religious denomination.
(13) “School for [the handicapped] persons with
disabilities” means a public or nonprofit primary, secondary or
post-secondary school within this state [which]
that serves students at least 70 percent of whom [are handicapped] have a disability as determined by one or
more appropriate education, rehabilitation, medical or mental health
authorities; is accredited by a recognized accrediting body; and is determined
by the authority to be a major resource of benefit to [the handicapped] persons with disabilities. “School for [the handicapped] persons with
disabilities” does not mean any school or any institution primarily engaged
in religious or sectarian activities.
SECTION 75. ORS 307.130 is amended to read:
307.130. (1) As used in this section:
(a) “Art museum” means a
nonprofit corporation organized to display works of art to the public.
(b) “Internal Revenue
Code” means the federal Internal Revenue Code as amended and in effect on
December 31, 2004.
(c) “Nonprofit corporation” means a corporation that:
(A) Is organized not for
profit, pursuant to ORS chapter 65 or any predecessor of ORS chapter 65; or
(B) Is organized and
operated as described under section 501(c) of the Internal Revenue Code.
(d) “Volunteer fire
department” means a nonprofit corporation organized to provide fire protection
services in a specific response area.
[(1)] (2) Upon compliance with ORS 307.162, the following
property owned or being purchased by art museums, volunteer fire departments,
or incorporated literary, benevolent, charitable and scientific institutions
shall be exempt from taxation:
(a) Except as provided
in ORS 748.414, only such real or personal property, or proportion thereof, as
is actually and exclusively occupied or used in the literary, benevolent,
charitable or scientific work carried on by such institutions.
(b) Parking lots used
for parking or any other use as long as that parking or other use is permitted
without charge for no fewer than 355 days during the tax year.
(c) All real or personal
property of a rehabilitation facility or any retail outlet thereof, including
inventory. As used in this subsection, “rehabilitation facility” means either
those facilities defined in ORS 344.710 or facilities which provide [physically, mentally or emotionally disabled]
individuals who have physical, mental or emotional disabilities with
occupational rehabilitation activities of an educational or therapeutic nature,
even if remuneration is received by the individual.
(d) All real and
personal property of a retail store dealing exclusively in donated inventory,
where the inventory is distributed without cost as part of a welfare program or
where the proceeds of the sale of any inventory sold to the general public are
used to support a welfare program. As used in this subsection, “welfare program”
means the providing of food, shelter, clothing or health care, including dental
service, to needy persons without charge.
(e) All real and
personal property of a retail store if:
(A) The retail store
deals primarily and on a regular basis in donated and consigned inventory;
(B) The individuals who
operate the retail store are all individuals who work as volunteers; and
(C) The inventory is
either distributed without charge as part of a welfare program, or sold to the
general public and the sales proceeds used exclusively to support a welfare
program. As used in this paragraph, “primarily” means at least one-half of the inventory.
(f) The real and
personal property of an art museum that is used in conjunction with the public
display of works of art or used to educate the public about art, but not
including any portion of the art museum’s real or personal property that is
used to sell, or hold out for sale, works of art, reproductions of works of art
or other items to be sold to the public.
(g) All real and
personal property of a volunteer fire department that is used in conjunction
with services and activities for providing fire protection to all residents
within a fire response area.
[(2)] (3) An art museum or
institution shall not be deprived of an exemption under this section solely
because its primary source of funding is from one or more governmental
entities.
[(3)] (4) An institution shall not
be deprived of an exemption under this section because its purpose or the use
of its property is not limited to relieving pain, alleviating disease or
removing constraints.
[(4) As used in this section:]
[(a) “Art museum” means a nonprofit corporation
organized to display works of art to the public.]
[(b) “Internal Revenue Code” means the federal Internal Revenue Code as
amended and in effect on December 31, 2004.]
[(c) “Nonprofit corporation” means a corporation that:]
[(A) Is organized not for profit, pursuant to
ORS chapter 65 or any predecessor of ORS chapter 65; or]
[(B) Is organized and operated as described under section 501(c) of the
Internal Revenue Code.]
[(d) “Volunteer fire department” means a nonprofit corporation organized
to provide fire protection services in a specific response area.]
SECTION 76. ORS 310.155 is amended to read:
310.155. (1) For
purposes of ORS 310.150, taxes are levied or imposed to fund the public school
system if the taxes will be used exclusively for educational services,
including support services, provided by any unit of government, at any level
from prekindergarten through post-graduate training.
(2) Taxes on property
levied or imposed by a unit of government whose principal function is to provide
educational services shall be considered to be dedicated to fund the public
school system unless the sole purpose of a particular, voter approved levy is
for other than educational services or support services as defined in this
section.
(3) Taxes on property
levied or imposed by a unit of government whose principal function is to
perform government operations other than educational services shall be
considered to be dedicated to fund the public school system only if the sole
purpose of a particular, voter approved levy is for educational services or
support services as defined in this section.
(4) As used in this
section, “educational services” includes:
(a) Establishment and
maintenance of preschools, kindergartens, elementary schools, high schools,
community colleges and institutions of higher education.
(b) Establishment and
maintenance of career schools, adult education programs, evening school
programs and schools or facilities for [the
physically, mentally or emotionally disabled] persons with physical,
mental or emotional disabilities.
(5) As used in this
section, “support services” includes clerical, administrative, professional and
managerial services, property maintenance, transportation, counseling, training
and other services customarily performed in connection with the delivery of
educational services.
(6) “Educational
services” does not include community recreation programs, civic activities,
public libraries, programs for custody or care of children or community welfare
activities if those programs or activities are provided to the general public
and not for the benefit of students or other participants in the programs and
activities described in subsection (4) of this section.
SECTION 77. ORS 311.666 is amended to read:
311.666. As used in ORS
311.666 to 311.701:
(1) “Department” means
the Department of Revenue.
[(2) “Disabled person” means a person who has been determined to be
eligible to receive or who is receiving federal Social Security benefits due to
disability or blindness, including a person who is receiving Social Security
survivor benefits in lieu of Social Security benefits due to disability or
blindness.]
[(3)] (2) “
(3) “Person with a
disability” means a person who has been determined to be eligible to receive or
who is receiving federal Social Security benefits due to disability or
blindness, including a person who is receiving Social Security survivor
benefits in lieu of Social Security benefits due to disability or blindness.
(4) “Taxpayer” means an
individual who has filed a claim for deferral under ORS 311.668 or individuals
who have jointly filed a claim for deferral under ORS 311.668.
(5) “Tax-deferred
property” means the property upon which taxes are deferred under ORS 311.666 to
311.701.
(6) “Taxes” or “property
taxes” means ad valorem taxes, assessments, fees and charges entered on the
assessment and tax roll.
SECTION 78. ORS 311.668 is amended to read:
311.668. (1)(a) Subject
to ORS 311.670, an individual, or two or more individuals jointly, may elect to
defer the property taxes on their homestead by filing a claim for deferral with
the county assessor after January 1 and on or before April 15 of the first year
in which deferral is claimed if:
(A) The individual, or,
in the case of two or more individuals filing a claim jointly, each individual,
is 62 years of age or older on April 15 of the year in which the claim is
filed; or
(B) The individual is a
[disabled] person with a disability
on April 15 of the year in which the claim is filed. In the case of individuals
filing a claim jointly, only one individual need be a [disabled] person with a disability in order to make the
election.
(b) In order to make the
election described in paragraph (a) of this subsection, the individual must
have, or in the case of two or more individuals filing a claim jointly, all of
the individuals together must have household income, as defined in ORS 310.630,
for the calendar year immediately preceding the calendar year in which the
claim is filed of less than $32,000.
(c) The county assessor
shall forward each claim filed under this subsection to the Department of
Revenue which shall determine if the property is eligible for deferral.
(2) When the taxpayer
elects to defer property taxes for any year by filing a claim for deferral
under subsection (1) of this section, it shall have the effect of:
(a) Deferring the
payment of the property taxes levied on the homestead for the fiscal year
beginning on July 1 of such year.
(b) Continuing the
deferral of the payment by the taxpayer of any property taxes deferred under
ORS 311.666 to 311.701 for previous years which have not become delinquent
under ORS 311.686.
(c) Continuing the
deferral of the payment by the taxpayer of any future property taxes for as
long as the provisions of ORS 311.670 are met.
(3) If a guardian or
conservator has been appointed for an individual otherwise qualified to obtain
deferral of taxes under ORS 311.666 to 311.701, the guardian or conservator may
act for such individual in complying with the provisions of ORS 311.666 to
311.701.
(4) If a trustee of an
inter vivos trust which was created by and is revocable by an individual, who
is both the trustor and a beneficiary of the trust and who is otherwise qualified
to obtain a deferral of taxes under ORS 311.666 to 311.701, owns the fee simple
estate under a recorded instrument of sale, the trustee may act for the
individual in complying with the provisions of ORS 311.666 to 311.701.
(5) Nothing in this section
shall be construed to require a spouse of an individual to file a claim jointly
with the individual even though the spouse may be eligible to claim the
deferral jointly with the individual.
(6) Any person aggrieved
by the denial of a claim for deferral of homestead property taxes or
disqualification from deferral of homestead property taxes may appeal in the
manner provided by ORS 305.404 to 305.560.
(7)(a) For each tax year
beginning on or after July 1, 2002, the Department of Revenue shall recompute
the maximum household income that may be incurred under an allowable claim for
deferral under subsection (1)(b) of this section. The
computation shall be as follows:
(A) Divide the average
U.S. City Average Consumer Price Index for the first six months of the current
calendar year by the average U.S. City Average Consumer Price Index for the
first six months of 2001.
(B) Recompute the
maximum household income by multiplying $32,000 by the appropriate indexing
factor determined as provided in subparagraph (A) of this paragraph.
(b) As used in this
subsection, “U.S. City Average Consumer Price Index” means the U.S. City
Average Consumer Price Index for All Urban Consumers (All Items) as published
by the Bureau of Labor Statistics of the United States Department of Labor.
(c) If any change in the
maximum household income determined under paragraph (a) of this subsection is
not a multiple of $500, the increase shall be rounded to the nearest multiple
of $500.
SECTION 79. ORS 311.679 is amended to read:
311.679. (1) At the time
that the taxpayer elects to defer property taxes under ORS 311.666 to 311.701
or if the taxpayer has elected to defer property taxes prior to January 1,
1990, or between January 1, 1990 and June 30, 1990, the Department of Revenue shall
estimate the amount of property taxes that will be deferred for tax years
beginning on or after July 1, 1990, interest thereon and any fees paid to the
county clerk by the department in connection with lien recording, release or
satisfaction. Thereafter, the department shall have a lien in the amount of the
estimate.
(2) The lien created
under subsection (1) of this section shall attach to the property to which the
election to defer relates on July 1 of the tax year of initial deferral or on
July 1, 1990, whichever is applicable.
(3) The lien created
under subsection (1) of this section in the amount of the estimate shall have
the same priority as other real property tax liens except that the lien of
mortgages, trust deeds or security interests which are recorded or noted on a
certificate of title prior in time to the attachment of the lien for deferred
taxes shall be prior to the liens for deferred taxes.
(4) If during the period
of tax deferment, the amount of taxes, interest and fees exceeds the estimate,
the department shall have a lien for the amount of the excess. The liens for
the excess shall attach to the property on July 1 of the tax year in which the
excess occurs. The lien for the excess shall have the same priority as other
real property tax liens, except that the lien of mortgages, trust deeds or
security interests recorded or noted on any certificate of title prior in time
to the date that the department records an amendment to its estimate to reflect
its lien for the excess shall be prior to the lien for the excess.
(5) Notwithstanding ORS
311.675 (2), the notice of lien for deferred taxes recorded as provided in ORS
311.675 (1) and (2) arising on or after October 3, 1989, shall list the amount
of the estimate of deferred taxes, interest and fees made by the department
under subsection (1) of this section and any amendment to the notice to reflect
a lien for excess, as described under subsection (4) of this section, shall
list the amount of the excess that the department claims as lien. If notice of
lien with respect to any homestead has been recorded as provided under ORS
311.675 (1) and (2) prior to January 1, 1990, and the lien has not been
released or satisfied, the department shall cause a further notice of lien to
be recorded in the mortgage records of the county. The further notice of lien
shall list the amount of the estimate of deferred taxes and interest made by
the department under subsection (1) of this section and any amendment to the
notice to reflect a lien for excess, described under subsection (4) of this
section, and shall list the amount of the excess that the department claims as
lien.
(6) A lien created under
this section may be foreclosed by the department as if it were a purchase money
mortgage under ORS chapter 88. The court may award reasonable attorney fees to
the prevailing party in a foreclosure action under this section.
(7) Receipts from
foreclosure proceedings shall be credited in the same manner as other
repayments of deferred property taxes under ORS 311.701.
(8) By means of
voluntary payment made as provided under ORS 311.690, the taxpayer may limit
the amount of the lien for deferred taxes created under this section. If the
taxpayer desires that the limit be reflected in the records of the county, the
taxpayer must request, subject to any rules adopted by the department,
that the department cause a partial satisfaction of the lien to be
recorded in the county. Upon receipt of such a request, the department shall
cause a partial satisfaction, in the amount of the voluntary payment, to be so
recorded. Nothing in this subsection shall affect the priority of the liens of
the department, as originally created under subsections (1) and (4) of this
section.
(9) Nothing in this
section shall affect any lien arising under ORS 311.666 to 311.701 for taxes
assessed before January 1, 1990. However, except as provided under this
section, no lien for taxes shall arise under ORS 311.666 to 311.701 for taxes
assessed after December 31, 1989.
(10)(a) Notwithstanding
any other provision of this section, a lien arising under this section as the
result of a deferral of property taxes on the homestead of a [disabled] person with a disability who
is younger than 62 years of age during the tax year may not exceed 90 percent
of the real market value of the homestead.
(b) Property may
continue to qualify for property tax deferral under ORS 311.666 to 311.701 even
though the amount of property taxes being paid by the department may not
increase the amount of the lien arising under this section.
(11) This section first
applies to liens for deferred taxes arising on or after October 3, 1989.
SECTION 80. ORS 311.687 is amended to read:
311.687. (1) Property
taxes imposed on the homestead of an individual are ineligible for deferral under
ORS 311.666 to 311.701 if the basis for deferral was the disability of the
individual and the individual [is] no
longer [disabled] has a disability
and:
(a)
Is younger than 62 years of age; or
(b) Is 62 years of age
or older and filed the claim for deferral jointly with an individual who is
younger than 62 years of age and who is not a [disabled] person with a disability.
(2) The property taxes
that are ineligible for deferral under subsection (1) of this section are those
property taxes attributable to the homestead of the individual for tax years
beginning subsequent to the loss of disability, until the individual again
qualifies for deferral under ORS 311.666 to 311.701.
(3) Nothing in this
section shall affect the continued deferral of taxes that have been deferred
for tax years beginning prior to the loss of disability.
SECTION 81. ORS 311.795 is amended to read:
311.795. (1) A county
governing body may cancel all delinquent taxes and the interest and penalties
thereon accrued upon property donated to any incorporated city or town or any
park and recreation district organized and operating under ORS chapter 266 for
parks, playgrounds or a city hall. This section does not apply if the city,
town or park and recreation district makes any payment to the owner, either
directly or indirectly, for the property.
(2) A county governing
body may cancel all delinquent real property taxes and interest and penalties
due thereon from any taxpayer where the total of the same is less than $5, when
in the judgment of the county governing body the cost of collecting the same
will be greater than the amount to be collected.
(3) A county governing
body may cancel all delinquent personal property taxes and the interest and
penalties thereon due from any taxpayer where the total of the same is less
than $5 and in the judgment of the county governing body the cost of collecting
the same will be greater than the amount to be collected.
(4) Property taxes that
are deferred under the [senior or
disabled person] homestead deferral program established under ORS 311.666
to 311.701, special assessments for local improvements that are deferred under
ORS 311.702 to 311.735 or property taxes that are deferred under the disaster
area tax deferral program established under ORS 311.740 to 311.780 are not
delinquent taxes for purposes of this section. A county governing body may not
cancel any deferred taxes, deferred special assessments or interest or
penalties that accrue with respect to deferred taxes or deferred special assessments
described in this subsection.
SECTION 82. ORS 311.796 is amended to read:
311.796. (1) Prior to
July 1, 2010, a county governing body may cancel all delinquent taxes and the
interest and penalties thereon accrued upon property donated to this state or
any municipal corporation or political subdivision of this state or private
nonprofit corporation for the purposes of providing low income housing, social
services or child care or, in the case of a nonprofit corporation, for the
public purposes of the nonprofit corporation. This section does not apply if
the state or any municipal corporation or political subdivision of this state
or private nonprofit corporation makes any payment to the owner, either
directly or indirectly, for the property.
(2) Property taxes that
are deferred under the [senior or
disabled person] homestead deferral program established under ORS 311.666
to 311.701, special assessments for local improvements that are deferred under
ORS 311.702 to 311.735 or property taxes that are deferred under the disaster
area tax deferral program established under ORS 311.740 to 311.780 are not
delinquent taxes for purposes of this section. A county governing body may not
cancel any deferred taxes, deferred special assessments or interest or penalties
that accrue with respect to deferred taxes or deferred special assessments
described in this subsection.
SECTION 83. ORS 315.262 is amended to read:
315.262. (1) As used in this section:
(a) “Child care” means
care provided to a qualifying child of the taxpayer for the purpose of allowing
the taxpayer to be gainfully employed, to seek employment or to attend school
on a full-time or part-time basis, except that the term does not include care
provided by:
(A) The child’s parent
or guardian, unless the care is provided in a certified or registered child
care facility; or
(B) A person who has a
relationship to the taxpayer that is described in section 152(a) of the
Internal Revenue Code who has not yet attained 19 years of age at the close of
the tax year.
(b) “Child care expenses”
means the costs associated with providing child care to a qualifying child of a
qualified taxpayer.
(c) “Earned income” has
the meaning given that term in section 32 of the Internal Revenue Code.
(d) “Qualified taxpayer”
means a taxpayer:
(A) Who is an
(B) With federal
adjusted gross income for the tax year that does not exceed 250 percent of the
federal poverty level;
(C) With
(D) Who does not have
more than the maximum amount of disqualified income under section 32(i) of the
Internal Revenue Code that is allowed to a taxpayer entitled to the earned
income tax credit for federal tax purposes.
(e) “Qualifying child”
has the meaning given that term in section 152 of the Internal Revenue Code
except that it is limited to an individual who is under 13 years of age, or who
is a [disabled] child with a
disability, as that term is defined in ORS 316.099.
(2) A qualified taxpayer
shall be allowed a credit against the taxes otherwise due under ORS chapter 316
equal to the applicable percentage of the qualified taxpayer’s child care
expenses (rounded to the nearest $50).
(3) The applicable
percentage to be used in calculating the amount of the credit provided in this
section shall be determined in accordance with the following table:
______________________________________________________________________________
Applicable Greater of
Percentage Adjusted Gross Income or
Federal
Adjusted
Gross
Income, as Percent
of Federal Poverty Level
40 200 or less
36 Greater than 200 and less than
or equal to 210
32 Greater than 210 and less than
or equal to 220
24 Greater than 220 and less than
or equal to 230
16 Greater than 230 and less than
or equal to 240
8 Greater than 240 and less than
or equal to 250
0 Greater than 250 percent
of federal poverty level
______________________________________________________________________________
(4) The Department of
Revenue may prescribe the form used to claim a credit and the information
required on the form.
(5) In the case of a
credit allowed under this section:
(a) A nonresident shall
be allowed the credit under this section in the proportion provided in ORS
316.117.
(b) If a change in the
status of a taxpayer from resident to nonresident or from nonresident to
resident occurs, the credit allowed by this section shall be determined in a
manner consistent with ORS 316.117.
(c) If a change in the
taxable year of a taxpayer occurs as described in ORS 314.085, or if the
Department of Revenue terminates the taxpayer’s taxable year under ORS 314.440,
the credit allowed under this section shall be prorated or computed in a manner
consistent with ORS 314.085.
(d) In the case of a
qualified taxpayer who is married, a credit shall be allowed under this section
only if:
(A) The taxpayer files a
joint return;
(B) The taxpayer files a
separate return and is legally separated or subject to a separate maintenance
agreement; or
(C) The taxpayer files a
separate return and the taxpayer and the taxpayer’s spouse reside in separate
households on the last day of the tax year with the intent of remaining in
separate households in the future.
(6) If the amount
allowable as a credit under this section, when added to the sum of the amounts
allowable as payment of tax under ORS 316.187 (withholding), ORS 316.583
(estimated tax), other tax prepayment amounts and other refundable credit
amounts, exceeds the taxes imposed by ORS chapters 314 and 316 for the tax year
(reduced by any nonrefundable credits allowable for purposes of ORS chapter 316
for the tax year), the amount of the excess shall be refunded to the taxpayer
as provided in ORS 316.502.
(7)(a) The minimum
amount of earned income a taxpayer must earn in order to be a qualified
taxpayer shall be adjusted for tax years beginning in each calendar year by
multiplying $6,000 by the ratio of the monthly averaged U.S. City Average
Consumer Price Index for the 12 consecutive months ending August 31 of the
prior calendar year over the monthly averaged index for the second quarter of
the calendar year 1998.
(b) As used in this
subsection, “U.S. City Average Consumer Price Index” means the U.S. City
Average Consumer Price Index for All Urban Consumers (All Items) as published
by the Bureau of Labor Statistics of the United States Department of Labor.
(c) If any adjustment
determined under paragraph (a) of this subsection is not a multiple of $50, the
adjustment shall be rounded to the nearest multiple of $50.
(d) Notwithstanding
paragraphs (a) to (c) of this subsection, the adjusted minimum amount of earned
income a taxpayer must earn may not exceed the amount an individual would earn
if the individual worked 1,040 hours at the minimum wage established under ORS
653.025 and in effect on January 1 of the calendar year in which begins the tax
year of the taxpayer, rounded to the next lower multiple of $50.
SECTION 84. ORS 316.099 is amended to read:
316.099. (1) As used in this section, unless the context requires
otherwise:
[(a) “Early intervention services” means
programs of treatment and habilitation designed to address a child’s
developmental deficits in sensory, motor, communication, self-help and
socialization areas.]
[(b)] (a) “[Disabled]
Child with a disability” means a qualifying child under section 152 of
the Internal Revenue Code who has been determined eligible for early
intervention services or is diagnosed for the purposes of special education as
being mentally retarded, multidisabled, visually impaired, hard of
hearing [impaired], deaf-blind,
orthopedically impaired or other health impaired or as having autism, emotional
disturbance or traumatic brain injury, in accordance with State Board of
Education rules.
(b) “Early
intervention services” means programs of treatment and habilitation designed to
address a child’s developmental deficits in sensory, motor, communication,
self-help and socialization areas.
(c) “Special education”
means specially designed instruction to meet the unique needs of a [disabled] child with a disability,
including regular classroom instruction, instruction in physical education,
home instruction and instruction in hospitals, institutions and special
schools.
(2) The State Board of
Education shall adopt rules further defining “[disabled] child with a disability” for purposes of this
section. A diagnosis obtained for the purposes of entitlement to special
education or early intervention services shall serve as the basis for a claim
for the additional credit allowed under subsection (3) of this section.
(3) In addition to the
personal exemption credit allowed by this chapter for state personal income tax
purposes for a dependent of the taxpayer, there shall be allowed an additional
personal exemption credit for a [disabled]
child with a disability if the child is a [disabled] child with a disability at the close of the tax
year. The amount of the credit shall be equal to the amount allowed as the
personal exemption credit for the dependent for state personal income tax
purposes for the tax year.
(4) Each taxpayer qualifying
for the additional personal exemption credit allowed by this section may claim
the credit on the personal income tax return. However, the claim shall be
substantiated by any proof of entitlement to the credit as may be required by
the state board by rule.
SECTION 85. ORS 316.752 is amended to read:
316.752. For purposes of
ORS 316.752 to 316.771:
(1) A person [is “severely disabled”] has a “severe
disability” if the person:
(a) Has lost the use of
one or more lower extremities;
(b) Has lost the use of
both hands; or
(c) Has a physical or
mental condition that limits the abilities of the person to earn a living,
maintain a household or provide personal transportation for the person without
employing [special] orthopedic or
medical equipment or outside help.
(2) “Orthopedic or
medical equipment” includes, but is not limited to, wheelchairs, braces,
prostheses or special crutches.
(3) “Outside help”
includes, but is not limited to, unrelated individuals whom the [severely disabled] taxpayer with a
severe disability employs to keep house, maintain the house or yard, or to
transport the taxpayer.
SECTION 86.
ORS 316.758 is amended to read:
316.758. In addition to
the personal exemption credit allowed by this chapter for state personal income
tax purposes, there shall be allowed an additional personal exemption credit
for the taxpayer if the taxpayer [is
severely disabled] has a severe disability at the close of the
taxable year. The amount of the credit shall be equal to the amount allowed as the
personal exemption credit for the taxpayer for state personal income tax
purposes for the taxable year.
SECTION 87. ORS 316.765 is amended to read:
316.765. (1) An
additional personal exemption credit in the same amount as allowed under ORS
316.758 for a [severely disabled]
taxpayer with a severe disability shall be allowed for the spouse of the
taxpayer if a separate return is made by the taxpayer, and if the spouse:
(a) [Is severely disabled] Has a severe disability;
(b) Has no gross income
for the calendar year in which the taxable year of the taxpayer begins; and
(c) Is not the dependent
of another taxpayer.
(2) In the case of a
joint return, each spouse who [is
severely disabled] has a severe disability shall be allowed the
additional credit in the amount provided under ORS 316.758 if the spouse
otherwise qualifies under this section.
(3) For purposes of this
section, the determination of whether the spouse [is severely disabled] has a severe disability shall be made
as of the close of the taxable year of the taxpayer except that if the spouse
dies during such taxable year such determination shall be made as of the time
of the death of the spouse.
SECTION 88. ORS 323.455 is amended to read:
323.455. (1) All moneys
received by the Department of Revenue from the tax imposed by ORS 323.030 (1)
shall be paid over to the State Treasurer to be held in a suspense account
established under ORS 293.445. Amounts necessary to pay the expenses incurred
by the Department of Revenue and to reimburse the Oregon State Police and the
Department of Justice for the administration and enforcement of ORS 323.005 to
323.482 are continuously appropriated to the Department of Revenue from the
suspense account. After the payment of administrative and enforcement expenses
and refunds, 89.65 percent shall be credited to the General Fund, 3.45 percent
is appropriated to the cities of this state, 3.45 percent is appropriated to
the counties of this state and 3.45 percent is continuously appropriated to the
Department of Transportation for the purpose of financing and improving
transportation services for elderly individuals and [disabled] individuals with disabilities
as provided in ORS 391.800 to 391.830.
(2) The moneys [so] appropriated to cities and counties under
subsection (1) of this section shall be paid on a monthly basis within 35
days after the end of the month for which a distribution is made. Each city
shall receive such share of the money appropriated to all cities as its
population, as determined under ORS 190.510 to 190.590 last preceding such
apportionment, bears to the total population of the cities of the state, and
each county shall receive such share of the money as its population, determined
under ORS 190.510 to 190.590 last preceding such apportionment, bears to the
total population of the state.
(3) The moneys
appropriated to the Department of Transportation under subsection (1) of this
section shall be distributed and transferred to the Elderly and Disabled
Special Transportation Fund established by ORS 391.800 at the same time as the
cigarette tax moneys are distributed to cities and counties under this section.
(4) Of the moneys
credited to the General Fund under this section 51.92 percent shall be
dedicated to funding the maintenance and expansion of the number of persons
eligible for medical assistance under the Oregon Health Plan, or to funding the
maintenance of the benefits available under the Oregon Health Plan, or both,
and 5.77 percent shall be credited to the Tobacco Use Reduction Account established
under ORS 431.832.
SECTION 89. ORS 323.455, as amended by section 27b,
chapter 804, Oregon Laws 2003, is amended to read:
323.455. (1) All moneys
received by the Department of Revenue from the tax imposed by ORS 323.030 (1)
shall be paid over to the State Treasurer to be held in a suspense account
established under ORS 293.445. After the payment of refunds, 89.65 percent
shall be credited to the General Fund, 3.45 percent is appropriated to the
cities of this state, 3.45 percent is appropriated to the counties of this
state and 3.45 percent is continuously appropriated to the Department of
Transportation for the purpose of financing and improving transportation
services for elderly individuals and [disabled] individuals with disabilities as provided in ORS
391.800 to 391.830.
(2) The moneys so
appropriated to cities and counties shall be paid on a monthly basis within 35
days after the end of the month for which a distribution is made. Each city
shall receive such share of the money appropriated to all cities as its
population, as determined under ORS 190.510 to 190.590 last preceding such
apportionment, bears to the total population of the cities of the state, and
each county shall receive such share of the money as its population, determined
under ORS 190.510 to 190.590 last preceding such apportionment, bears to the
total population of the state.
(3) The moneys
appropriated to the Department of Transportation under subsection (1) of this
section shall be distributed and transferred to the Elderly and Disabled
Special Transportation Fund established by ORS 391.800 at the same time as the
cigarette tax moneys are distributed to cities and counties under this section.
(4) Of the moneys
credited to the General Fund under this section 51.92 percent shall be
dedicated to funding the maintenance and expansion of the number of persons
eligible for medical assistance under the Oregon Health Plan, or to funding the
maintenance of the benefits available under the Oregon Health Plan, or both,
and 5.77 percent shall be credited to the Tobacco Use Reduction Account
established under ORS 431.832.
SECTION 90. ORS 327.013, as amended by section 2, chapter
4, Oregon Laws 2006, is amended to read:
327.013. The State
School Fund distributions for school districts shall be computed as follows:
(1) General Purpose
Grant =
(2) The funding
percentage shall be calculated by the Superintendent of Public Instruction to
distribute as nearly as practicable the total sum available for distribution of
money.
(3) Target Grant =
Statewide Target per ADMw Grant + Teacher Experience Factor.
(4) Statewide Target per
ADMw Grant = $4,500.
(5) Teacher Experience
Factor = $25 ´ {District average teacher experience −
statewide average teacher experience}. “Average teacher experience” means the
average, in years, of teaching experience of certified teachers as reported to
the Department of Education.
(6) District extended
ADMw = ADMw or ADMw of the prior year, whichever is greater.
(7)(a) Weighted average
daily membership or ADMw = average daily membership + an additional amount
computed as follows:
(A) 1.0 for each student
in average daily membership eligible for special education as a child with [disabilities] a disability under
ORS 343.035, applicable to not to exceed 11 percent of the district’s ADM
without review and approval of the Department of Education. Children with
disabilities eligible for special education in adult local correctional
facilities as defined in ORS 169.005 or adult regional correctional facilities
as defined in ORS 169.620 may not be included in the calculation of the 11
percent.
(B) 0.5 for each student
in average daily membership eligible for and enrolled in an English as a second
language program under ORS 336.079.
(C) 0.2 for each student
in average daily membership enrolled in a union high school district or in an
area of a unified school district where the district is only responsible for
educating students in grades 9 through 12 in that area.
(D) −0.1 for each student in average daily
membership enrolled in an elementary district operating kindergarten through
grade 6 or kindergarten through grade 8 or in an area of a unified school
district where the district is only responsible for educating students in
kindergarten through grade 8.
(E) 0.25 times the sum
of the following:
(i) The number of
children 5 to 17 years of age in poverty families in the district, as
determined by the Department of Education from a report of the federal Department
of Education based on the most recent federal decennial census, as adjusted by
the school district’s proportion of students in the county receiving free or
reduced price lunches under the United States Department of Agriculture’s
current Income Eligibility Guidelines if the number is higher than the number
determined from census data and only if the school district had an average
daily membership of 2,500 or less for the 1995-1996 school year, and as further
adjusted by the number of students in average daily membership in June of the
year of distribution divided by number of students in average daily membership
in the district, or its predecessors, in June of the year of the most recent
federal decennial census;
(ii) The number of
children in foster homes in the district as determined by the report of the
Department of Human Services to the federal Department of Education, “Annual
Statistical Report on Children in Foster Homes and Children in Families
Receiving AFDC Payments in Excess of the Poverty Income Level,” or its
successor, for October 31 of the year prior to the year of distribution; and
(iii) The number of
children in the district in state-recognized facilities for neglected and
delinquent children, based on information from the Department of Human Services
for October 31 of the year prior to the year of distribution.
(F) An additional amount
as determined by ORS 327.077 shall be added to the ADMw for each remote small
elementary school and for each small high school in the district.
(G) All numbers of
children used for the computation in this section must reflect any district
consolidations that have occurred since the numbers were compiled.
(b) The total additional
weight that shall be assigned to any student in average daily membership in a
district, exclusive of students described in paragraph (a)(E) and (F) of this
subsection shall not exceed 2.0.
(8) High cost
disabilities grant = the total amount received by a school district under ORS
327.348, for providing special education and related services to resident
pupils with disabilities.
(9)(a) Transportation
grant equals:
(A) 70 percent of
approved transportation costs for those school districts ranked below the 80th
percentile under paragraph (b) of this subsection.
(B) 80 percent of
approved transportation costs for those school districts ranked in or above the
80th percentile but below the 90th percentile under paragraph (b) of this
subsection.
(C) 90 percent of
approved transportation costs for those school districts ranked in or above the
90th percentile under paragraph (b) of this subsection.
(b) Each fiscal year,
the Department of Education shall rank school districts based on the approved
transportation costs per ADM of each school district, ranking the school
district with the highest approved transportation costs per ADM at the top of
the order.
(10) Local Revenues are
the total of the following:
(a) The amount of
revenue offset against local property taxes as determined by the Department of
Revenue under ORS 311.175 (3)(a)(A);
(b) The amount of
property taxes actually received by the district including penalties and
interest on taxes;
(c) The amount of
revenue received by the district from the Common School Fund under ORS 327.403
to 327.410;
(d) The amount of
revenue received by the district from the county school fund;
(e) The amount of
revenue received by the district from the 25 percent of federal forest reserve
revenues required to be distributed to schools by ORS 294.060 (1);
(f) The amount of
revenue received by the district from state managed forestlands under ORS
530.115 (1)(b) and (c);
(g) Moneys received in
lieu of property taxes;
(h) Federal funds
received without specific application by the school district and which are not
deemed under federal law to be nonsupplantable;
(i) Any positive amount
obtained by subtracting the operating property taxes actually imposed by the
district, based on the rate certified pursuant to ORS 310.060, from the amount
that would have been imposed by the district if the district had certified the
maximum rate of operating property taxes allowed by law; and
(j) Any amount
distributed to the district in the prior fiscal year under section 4 (3),
chapter 695, Oregon Laws 2001, or ORS 327.019 (8).
(11) Notwithstanding
subsection (10) of this section, Local Revenues do not include:
(a) If a school district
imposes local option taxes pursuant to ORS 280.040 to 280.145, an amount equal
to the lesser of:
(A) The amount of
revenue actually received by the district from local option taxes imposed
pursuant to ORS 280.040 to 280.145;
(B) Fifteen percent of
the combined total for the school district of the general purpose grant, the
transportation grant, the facility grant and the high cost disabilities grant
of the district; or
(C) $750 per district extended ADMw; and
(b) For a school
district with a statutory rate limit on July 1, 2003, that is greater than
$4.50 per $1,000 of assessed value, the amount of property taxes actually
received by the district, including penalties and interest on taxes, that
results from an increase in the rate of ad valorem property tax of the district
allowed under section 11 (5)(d), Article XI of the
Oregon Constitution.
(12)(a) Facility Grant =
8 percent of total construction costs of new school buildings.
(b) A school district
shall receive a Facility Grant in the distribution year that a new school
building is first used.
(c) As used in this
subsection:
(A) “New school building”
includes new school buildings, adding structures onto existing school buildings
and adding premanufactured structures to a school district if those buildings
or structures are to be used for instructing students.
(B) “Construction costs”
does not include costs for land acquisition.
(13) Notwithstanding
subsection (10)(i) of this section, Local Revenues do
not include any amount of operating property tax authority of the district that
is:
(a)
Attributable to the suspension of ORS 310.239 by section 1, chapter 4, Oregon
Laws 2006; and
(b) Not actually imposed
by the district.
SECTION 91. ORS 327.013, as amended by sections 2 and 4,
chapter 4, Oregon Laws 2006, is amended to read:
327.013. The State
School Fund distributions for school districts shall be computed as follows:
(1) General Purpose
Grant =
(2) The funding
percentage shall be calculated by the Superintendent of Public Instruction to
distribute as nearly as practicable the total sum available for distribution of
money.
(3) Target Grant =
Statewide Target per ADMw Grant + Teacher Experience Factor.
(4) Statewide Target per
ADMw Grant = $4,500.
(5) Teacher Experience
Factor = $25 ´ {District average teacher experience −
statewide average teacher experience}. “Average teacher experience” means the
average, in years, of teaching experience of certified teachers as reported to
the Department of Education.
(6) District extended
ADMw = ADMw or ADMw of the prior year, whichever is greater.
(7)(a) Weighted average
daily membership or ADMw = average daily membership + an additional amount
computed as follows:
(A) 1.0 for each student
in average daily membership eligible for special education as a child with [disabilities] a disability under
ORS 343.035, applicable to not to exceed 11 percent of the district’s ADM
without review and approval of the Department of Education. Children with
disabilities eligible for special education in adult local correctional
facilities as defined in ORS 169.005 or adult regional correctional facilities
as defined in ORS 169.620 may not be included in the calculation of the 11
percent.
(B) 0.5 for each student
in average daily membership eligible for and enrolled in an English as a second
language program under ORS 336.079.
(C) 0.2 for each student
in average daily membership enrolled in a union high school district or in an
area of a unified school district where the district is only responsible for
educating students in grades 9 through 12 in that area.
(D) −0.1 for each student in average daily
membership enrolled in an elementary district operating kindergarten through
grade 6 or kindergarten through grade 8 or in an area of a unified school
district where the district is only responsible for educating students in
kindergarten through grade 8.
(E) 0.25 times the sum
of the following:
(i) The number of
children 5 to 17 years of age in poverty families in the district, as
determined by the Department of Education from a report of the federal Department
of Education based on the most recent federal decennial census, as adjusted by
the school district’s proportion of students in the county receiving free or
reduced price lunches under the United States Department of Agriculture’s
current Income Eligibility Guidelines if the number is higher than the number
determined from census data and only if the school district had an average
daily membership of 2,500 or less for the 1995-1996 school year, and as further
adjusted by the number of students in average daily membership in June of the
year of distribution divided by number of students in average daily membership
in the district, or its predecessors, in June of the year of the most recent
federal decennial census;
(ii) The number of
children in foster homes in the district as determined by the report of the
Department of Human Services to the federal Department of Education, “Annual
Statistical Report on Children in Foster Homes and Children in Families
Receiving AFDC Payments in Excess of the Poverty Income Level,” or its
successor, for October 31 of the year prior to the year of distribution; and
(iii) The number of
children in the district in state-recognized facilities for neglected and
delinquent children, based on information from the Department of Human Services
for October 31 of the year prior to the year of distribution.
(F) An additional amount
as determined by ORS 327.077 shall be added to the ADMw for each remote small
elementary school and for each small high school in the district.
(G) All numbers of
children used for the computation in this section must reflect any district
consolidations that have occurred since the numbers were compiled.
(b) The total additional
weight that shall be assigned to any student in average daily membership in a
district, exclusive of students described in paragraph (a)(E) and (F) of this
subsection shall not exceed 2.0.
(8) High cost
disabilities grant = the total amount received by a school district under ORS
327.348, for providing special education and related services to resident
pupils with disabilities.
(9)(a) Transportation
grant equals:
(A) 70 percent of
approved transportation costs for those school districts ranked below the 80th
percentile under paragraph (b) of this subsection.
(B) 80 percent of
approved transportation costs for those school districts ranked in or above the
80th percentile but below the 90th percentile under paragraph (b) of this
subsection.
(C) 90 percent of
approved transportation costs for those school districts ranked in or above the
90th percentile under paragraph (b) of this subsection.
(b) Each fiscal year,
the Department of Education shall rank school districts based on the approved
transportation costs per ADM of each school district, ranking the school
district with the highest approved transportation costs per ADM at the top of
the order.
(10) Local Revenues are
the total of the following:
(a) The amount of
revenue offset against local property taxes as determined by the Department of
Revenue under ORS 311.175 (3)(a)(A);
(b) The amount of
property taxes actually received by the district including penalties and
interest on taxes;
(c) The amount of
revenue received by the district from the Common School Fund under ORS 327.403
to 327.410;
(d) The amount of
revenue received by the district from the county school fund;
(e) The amount of
revenue received by the district from the 25 percent of federal forest reserve
revenues required to be distributed to schools by ORS 294.060 (1);
(f) The amount of
revenue received by the district from state managed forestlands under ORS
530.115 (1)(b) and (c);
(g) Moneys received in
lieu of property taxes;
(h) Federal funds
received without specific application by the school district and which are not
deemed under federal law to be nonsupplantable;
(i) Any positive amount
obtained by subtracting the operating property taxes actually imposed by the
district, based on the rate certified pursuant to ORS 310.060, from the amount
that would have been imposed by the district if the district had certified the
maximum rate of operating property taxes allowed by law; and
(j) Any amount
distributed to the district in the prior fiscal year under section 4 (3),
chapter 695, Oregon Laws 2001, or ORS 327.019 (8).
(11) Notwithstanding
subsection (10) of this section, Local Revenues do not include, if a school
district imposes local option taxes pursuant to ORS 280.040 to 280.145, an
amount equal to the lesser of:
(a) The amount of
revenue actually received by the district from local option taxes imposed
pursuant to ORS 280.040 to 280.145;
(b) Fifteen percent of
the combined total for the school district of the general purpose grant, the
transportation grant, the facility grant and the high cost disabilities grant
of the district; or
(c) $750 per district extended ADMw.
(12)(a) Facility Grant =
8 percent of total construction costs of new school buildings.
(b) A school district
shall receive a Facility Grant in the distribution year that a new school
building is first used.
(c) As used in this
subsection:
(A) “New school building”
includes new school buildings, adding structures onto existing school buildings
and adding premanufactured structures to a school district if those buildings
or structures are to be used for instructing students.
(B) “Construction costs”
does not include costs for land acquisition.
SECTION 92. ORS 327.023 is amended to read:
327.023. In addition to
those moneys distributed through the State School Fund, the Department of
Education shall provide from state funds appropriated therefor, grants in aid
or support for special and compensatory education programs including:
(1) Special schools for
children who are deaf or blind as defined in ORS 346.010.
(2) Medicaid match for
administration efforts to secure Medicaid funds for services provided to
children with disabilities.
(3) Hospital programs
for education services to children who are hospitalized for extended periods of
time or who require hospitalization due to severe [disability] disabilities as described in ORS 343.261.
(4) Private agency
programs for education services to children who are placed by the state in long
term care or treatment facilities as described in ORS 343.961.
(5) Regional services
provided to children with low-incidence disabling conditions as described in
ORS 343.236.
(6) Early childhood
special education provided to preschool children with disabilities from age
three until age of eligibility for kindergarten as described in ORS 339.185,
343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534.
(7) Early intervention
services for preschool children from birth until age three as described in ORS
339.185, 343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534.
(8) Evaluation services
for children with disabilities to determine program eligibility and needs as
described in ORS 343.146.
(9) Education services
to children residing at state hospitals.
(10) Disadvantaged
children program under ORS 343.680.
(11) Early childhood
education under ORS 329.215 to 329.235.
(12) Child development
specialist under ORS 329.255.
(13) Youth care centers
under ORS 420.885.
(14) Staff development
and mentoring.
(15) Professional
technical education grants.
(16) Special science
education programs.
(17) Talented and Gifted
children program under ORS 343.391 to 343.413.
SECTION 93. ORS 327.348 is amended to read:
327.348. (1) There is established within the State School Fund a High
Cost Disabilities Account.
(2) Each fiscal year,
the Department of Education shall distribute moneys from the account to school
districts as high cost disabilities grants. A school district may receive
moneys from the account if the school district has a resident pupil with [disabilities] a disability for
whom the approved costs to the school district of providing special education
and related services, as determined under subsection (4) of this section,
exceed $30,000.
(3) The amount of moneys
received by a school district under this section for each resident pupil with [disabilities] a disability shall
equal the approved costs, as determined under subsection (4) of this section,
incurred by the school district in providing special education and related
services to the pupil minus $30,000.
(4) The department shall
determine the approved costs incurred by a school district in providing special
education and related services to a pupil with [disabilities] a disability. The approved costs incurred by a
school district may include costs incurred by an education service district of
providing special education and related services to the school district through
the resolution process described in ORS 334.175. In determining the approved
costs for which a school district may receive moneys under this section, the
department shall consider:
(a) How efficiently the
special education and related services are provided by the school district; and
(b) The use of available
resources by the school district.
(5) If the total
approved costs for which school districts are seeking moneys from the account
exceed the amount in the account in any fiscal year, the department shall
prorate the amount of moneys available for distribution in the account among
those school districts that are eligible for moneys from the account.
(6) The department shall
distribute any moneys in the account that are not distributed under this
section in any fiscal year to school districts based on ORS 327.008 and
327.013.
(7) The State Board of
Education may adopt any rules necessary for the administration of this section.
SECTION 94. ORS 336.790 is amended to read:
336.790. As used in ORS
336.790 to 336.815, unless the context requires otherwise:
(1) “Commercial driver
training school” means a school operated by a person issued a commercial driver
training school certificate by the Department of Transportation under ORS
822.515.
(2) “Facility” means any
facility for [the] children who
are deaf operated under ORS 346.010.
(3) “Private school”
means a private or parochial high school.
(4) “Public school”
means a common or union high school district, education service district and a
community college district.
SECTION 95. ORS 339.035 is amended to read:
339.035. (1) As used in this section, “education service district” means
the education service district that contains the school district of which the
child is a resident.
(2) When a child is
taught or is withdrawn from a public school to be taught by a parent, legal
guardian or private teacher, as provided in ORS 339.030, the parent, legal
guardian or private teacher must notify the education service district in
writing. In addition, when a child who is taught by a parent,
legal guardian or private teacher moves to a new education service district,
the parent, legal guardian or private teacher shall notify the new education
service district in writing. The education service district shall
acknowledge receipt of any notification in writing.
(3) Children being
taught as provided in subsection (2) of this section shall be examined at
grades 3, 5, 8 and 10 in accordance with the following procedures:
(a) The State Board of
Education shall adopt by rule a list of approved comprehensive examinations
that are readily available.
(b)(A) The parent or
legal guardian shall select an examination from the approved list and arrange
to have the examination administered to the child by a qualified neutral
person, as defined by rule by the State Board of Education.
(B) If the child was
withdrawn from public school, the first examination shall be administered to
the child at least 18 months after the date on which the child was withdrawn
from public school.
(C) If the child never
attended public or private school, the first examination shall be administered
to the child prior to the end of grade three.
(c) The person
administering the examination shall:
(A) Score the
examination; and
(B) Report the results
of the examination to the parent or legal guardian.
(d) Upon request of the
superintendent of the education service district, the parent or legal guardian
shall submit the results of the examination to the education service district.
(4)(a) If the composite
test score of the child places the child below the 15th percentile based on
national norms, the child shall be given an additional examination within one
year of when the first examination was administered.
(b) If the composite
test score of the child on the second examination shows a declining score, then
the child shall be given an additional examination within one year of when the
second examination was administered and the superintendent of the education
service district may:
(A) Allow the child to
continue to be taught by a parent, legal guardian or private teacher; or
(B) Place the education
of the child under the supervision of a person holding a teaching license who
is selected by the parent or legal guardian at the expense of the parent or
legal guardian. If the composite test score of the child continues to show a
declining score, the superintendent of the education service district may:
(i) Allow the child to
continue under the educational supervision of a licensed teacher selected by
the parent or legal guardian and require that the child be given an additional
examination within one year of when the last examination was administered;
(ii) Allow the child to
be taught by a parent, legal guardian or private teacher and require that the
child be given an additional examination within one year of when the last
examination was administered; or
(iii) Order the parent
or legal guardian to send the child to school for a period not to exceed 12 consecutive
months as determined by the superintendent.
(c) If the parent or
legal guardian of the child does not consent to placing the education of the
child under the supervision of a licensed teacher who is selected by the parent
or legal guardian, then the superintendent of the education service district
may order the child to return to school for a period not to exceed 12
consecutive months as determined by the superintendent.
(d) If the composite
test score of the child on an examination is equal to or greater than the
percentile score on the prior test, the child may be taught by a parent, legal
guardian or private teacher and for the next examination be examined pursuant
to paragraph (a) of this subsection or subsection (3) of this section.
(5)(a) Notwithstanding
the examination requirements of subsections (3) and (4) of this section, the
parent or legal guardian of a child with [disabilities]
a disability who has an individualized education plan and is receiving
special education and related services through the school district or who is
being educated in accordance with a privately developed plan shall be evaluated
for satisfactory educational progress according to the recommendations of the
plan.
(b) The parent or legal
guardian of a child with [disabilities]
a disability who was evaluated by service providers selected by the
parent or legal guardian based on a privately developed plan shall submit a
report of such evaluation to the education service district in lieu of the
examination results required by subsections (3) and (4) of this section.
(c) A child with [disabilities] a disability
described in this subsection shall not be subject to the examination
requirements of subsections (3) and (4) of this section unless the examination
is recommended in the plan in effect for the child.
SECTION 96. ORS 339.137 is amended to read:
339.137. (1) A student described in ORS 336.580 shall be considered a
resident of the school district in which the student resides by reason of the
placement under ORS 336.580 for purposes of distribution of the State School
Fund.
(2) A student described
in subsection (1) of this section must be admitted to the public schools of the
school district where the student is placed pursuant to ORS 336.580.