Chapter 788
AN ACT
SB 3
Relating to health; creating new provisions; amending ORS 323.010,
323.455, 323.500, 323.505, 323.625, 391.800, 414.025, 414.725, 414.839,
442.507, 735.701, 735.710 and 735.754; repealing ORS 323.457; appropriating
money; and prescribing an effective date.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 and 3 of this 2007 Act are added
to and made a part of ORS chapter 414.
SECTION 2. (1) The
(a) Medical assistance
administered by the Department of Human Services provided to children under the
state programs funded by Title XIX of the Social Security Act, under the
Children’s Health Insurance Program funded by Title XXI of the Social Security
Act and under state programs funded by the Legislative Assembly;
(b) A private health
option administered by the Office of Private Health Partnerships under sections
8 and 9 of this 2007 Act;
(c) A statewide Healthy
Kids Advice Line; and
(d) A statewide Healthy
Kids Healthcare Access Line.
(2) A child or a person
authorized to act on behalf of a child may apply to the Department of Human
Services for a determination of the child’s eligibility for the
(3) When an application
is received by the department under subsection (2) of this section, the
department shall determine whether the child is eligible for medical
assistance. The department shall enroll an eligible child in an appropriate
medical assistance program referred to in subsection (1) of this section.
(4) If the department
determines that a child for whom application has been made under subsection (2)
of this section is not eligible for medical assistance but is eligible for
enrollment in the private health option, the department shall transfer the
application to the Office of Private Health Partnerships to complete the
enrollment process.
(5) The Department of
Human Services and the Office of Private Health Partnerships shall streamline
and simplify the application process for the Oregon Healthy Kids Program, by
means including the development and implementation of an online application
process for the program.
(6) Notwithstanding
subsection (5) of this section, the department shall adopt verification
requirements to ensure that recipients of benefits in the
SECTION 3. (1)(a) Except as provided in subsection (2)
of this section, to be eligible for the private health option under sections 8
and 9 of this 2007 Act or for the Children’s Health Insurance Program funded by
Title XXI of the Social Security Act, a child must be uninsured for a minimum of
60 consecutive days immediately preceding enrollment.
(b) As used in this
subsection, “uninsured” means that a person is not enrolled in an unsubsidized
or privately funded health benefit plan.
(2) The Department of
Human Services may adopt rules specifying exceptions to the requirement in
subsection (1) of this section.
(3) A child is eligible
for enrollment in the Children’s Health Insurance Program only if the household
income of the child’s family is no more than 200 percent of the federal poverty
guidelines.
(4) The department shall
adopt rules for annually renewing enrollment in the
SECTION 4. ORS 414.025 is amended to read:
414.025. As used in this
chapter, unless the context or a specially applicable
statutory definition requires otherwise:
(1) “Category of aid”
means assistance provided by the Oregon Supplemental Income Program, temporary
assistance for needy families granted under ORS 418.035 to 418.125 or federal
Supplemental Security Income payments.
(2) “Categorically needy”
means, insofar as funds are available for the category, a person who is a
resident of this state and who:
(a) Is receiving a
category of aid.
(b) Would be eligible
for, but is not receiving a category of aid.
(c) Is in a medical
facility and, if the person left such facility, would be eligible for a
category of aid.
(d) Is under the age of
21 years and would be a dependent child under the program for temporary
assistance for needy families except for age and regular attendance in school
or in a course of professional or technical training.
(e)(A) Is a caretaker
relative named in ORS 418.035 (2)(a)(C) who cares for a dependent child who
would be a dependent child under the program for temporary assistance for needy
families except for age and regular attendance in school or in a course of
professional or technical training; or
(B) Is
the spouse of such caretaker relative and fulfills the requirements of ORS
418.035 (1).
(f) Is under the age of
21 years, is in a foster family home or licensed child-caring agency or
institution under a purchase of care agreement and is one for whom a public
agency of this state is assuming financial responsibility, in whole or in part.
(g) Is a spouse of an
individual receiving a category of aid and who is living with the recipient of
a category of aid, whose needs and income are taken into account in determining
the cash needs of the recipient of a category of aid, and who is determined by
the Department of Human Services to be essential to the well-being of the
recipient of a category of aid.
(h) Is a caretaker
relative named in ORS 418.035 (2)(a)(C) who cares for
a dependent child receiving temporary assistance for needy families or is the
spouse of such caretaker relative and fulfills the requirements of ORS 418.035
(1).
(i) Is under the age of
21 years, is in a youth care center and is one for whom a public agency of this
state is assuming financial responsibility, in whole or in part.
(j) Is under the age of
21 years and is in an intermediate care facility which includes institutions
for the mentally retarded; or is under the age of 22 years and is in a
psychiatric hospital.
(k) Is under the age of
21 years and is in an independent living situation with all or part of the
maintenance cost paid by the Department of Human Services.
(L) Is a member of a
family that received temporary assistance for needy families in at least three
of the six months immediately preceding the month in which such family became
ineligible for such assistance because of increased hours of or increased
income from employment. As long as the member of the
family is employed, such families will continue to be eligible for medical
assistance for a period of at least six calendar months beginning with the
month in which such family became ineligible for assistance because of
increased hours of employment or increased earnings.
(m) Is an adopted person
under 21 years of age for whom a public agency is assuming financial
responsibility in whole or in part.
(n)
Is an individual or is a member of a group who is required by federal law to be
included in the state’s medical assistance program in order for that program to
qualify for federal funds.
(o) Is an individual or
member of a group who, subject to the rules of the department and within
available funds, may optionally be included in the state’s medical assistance
program under federal law and regulations concerning the availability of
federal funds for the expenses of that individual or group.
(p) Is a pregnant woman
who would be eligible for temporary assistance for needy families including
such aid based on the unemployment of a parent, whether or not the woman is
eligible for cash assistance.
(q) Would be eligible
for temporary assistance for needy families pursuant to 42 U.S.C. 607 based
upon the unemployment of a parent, whether or not the state provides cash
assistance.
(r) Except as otherwise
provided in this section and to the extent of available funds, is a pregnant
woman or child for whom federal financial participation is available under
Title XIX or Title XXI of the federal Social Security Act.
(s) Is not otherwise
categorically needy and is not eligible for care under Title XVIII of the
federal Social Security Act or is not a full-time student in a post-secondary education
program as defined by the Department of Human Services by rule, but whose
family income is less than the federal poverty level and whose family
investments and savings equal less than the investments and savings limit
established by the department by rule.
(3) “Health benefit
plan” has the meaning given that term in ORS 735.720.
[(3)] (4) “Income” has the meaning given that term in ORS
411.704.
[(4)] (5) “Investments and savings” means cash, securities as
defined in ORS 59.015, negotiable instruments as defined in ORS 73.0104 and
such similar investments or savings as the Department of Human Services may
establish by rule that are available to the applicant or recipient to
contribute toward meeting the needs of the applicant or recipient.
[(5)] (6) “Medical assistance” means so much of the following
medical and remedial care and services as may be prescribed by the Department
of Human Services according to the standards established pursuant to ORS
414.065, including payments made for services provided under an insurance or
other contractual arrangement and money paid directly to the recipient for the
purchase of medical care:
(a) Inpatient hospital
services, other than services in an institution for mental diseases;
(b) Outpatient hospital
services;
(c) Other laboratory and
X-ray services;
(d) Skilled nursing
facility services, other than services in an institution for mental diseases;
(e) Physicians’
services, whether furnished in the office, the patient’s home, a hospital, a
skilled nursing facility or elsewhere;
(f) Medical care, or any
other type of remedial care recognized under state law, furnished by licensed
practitioners within the scope of their practice as defined by state law;
(g) Home health care
services;
(h) Private duty nursing
services;
(i) Clinic services;
(j) Dental services;
(k) Physical therapy and
related services;
(L) Prescribed drugs,
including those dispensed and administered as provided under ORS chapter 689;
(m) Dentures and
prosthetic devices; and eyeglasses prescribed by a physician skilled in
diseases of the eye or by an optometrist, whichever the individual may select;
(n) Other diagnostic,
screening, preventive and rehabilitative services;
(o) Inpatient hospital
services, skilled nursing facility services and intermediate care facility
services for individuals 65 years of age or over in an institution for mental
diseases;
(p) Any other medical
care, and any other type of remedial care recognized under state law;
(q) Periodic screening
and diagnosis of individuals under the age of 21 years to ascertain their
physical or mental impairments, and such health care, treatment and other
measures to correct or ameliorate impairments and chronic conditions discovered
thereby;
(r) Inpatient hospital
services for individuals under 22 years of age in an institution for mental
diseases; and
(s) Hospice services.
[(6)] (7) “Medical assistance” includes any care or services
for any individual who is a patient in a medical institution or any care or
services for any individual who has attained 65 years of age or is under 22
years of age, and who is a patient in a private or public institution for
mental diseases. “Medical assistance” includes “health services” as defined in
ORS 414.705. “Medical assistance” does not include care or services for an
inmate in a nonmedical public institution.
[(7)] (8) “Medically needy” means
a person who is a resident of this state and who is considered eligible under
federal law for medically needy assistance.
[(8)] (9) “Resources” has the meaning given that term in ORS
411.704. For eligibility purposes, “resources” does not include charitable
contributions raised by a community to assist with medical expenses.
SECTION 5. ORS 414.725 is amended to read:
414.725. (1)(a) Pursuant to rules adopted by the Department of Human
Services, the department shall execute prepaid managed care health services
contracts for health services funded by the Legislative Assembly. The contract
must require that all services are provided to the extent and scope of the
Health Services Commission’s report for each service provided under the
contract. The contracts are not subject to ORS chapters 279A and 279B, except
ORS 279A.250 to 279A.290 and 279B.235. Notwithstanding ORS 414.720 (8), the
rules adopted by the department shall establish timelines for executing the
contracts described in this paragraph.
(b) It is the intent of
ORS 414.705 to 414.750 that the state use, to the greatest extent possible,
prepaid managed care health services organizations to provide physical health,
dental, mental health and chemical dependency services under ORS 414.705 to
414.750.
(c) The department shall
solicit qualified providers or plans to be reimbursed for providing the covered
services. The contracts may be with hospitals and medical organizations, health
maintenance organizations, managed health care plans and any other qualified
public or private prepaid managed care health services organization. The
department may not discriminate against any contractors that offer services
within their providers’ lawful scopes of practice.
(2) The department may
institute a fee-for-service case management system or a fee-for-service payment
system for the same physical health, dental, mental health or chemical
dependency services provided under the health services contracts for persons
eligible for health services under ORS 414.705 to 414.750 in designated areas
of the state in which a prepaid managed care health services organization is
not able to assign an enrollee to a person or entity that is primarily
responsible for coordinating the physical health, dental, mental health or
chemical dependency services provided to the enrollee. In addition, the
department may make other special arrangements as necessary to increase the
interest of providers in participation in the state’s managed care system,
including but not limited to the provision of stop-loss insurance for providers
wishing to limit the amount of risk they wish to underwrite.
(3) As provided in
subsections (1) and (2) of this section, the aggregate expenditures by the
department for health services provided pursuant to ORS 414.705 to 414.750 may
not exceed the total dollars appropriated for health services under ORS 414.705
to 414.750.
(4) Actions taken by
providers, potential providers, contractors and bidders in specific accordance
with ORS 414.705 to 414.750 in forming consortiums or in otherwise entering
into contracts to provide health care services shall be performed pursuant to
state supervision and shall be considered to be conducted at the direction of
this state, shall be considered to be lawful trade practices and may not be
considered to be the transaction of insurance for purposes of the Insurance
Code.
(5) Health care
providers contracting to provide services under ORS 414.705 to 414.750 shall
advise a patient of any service, treatment or test that is medically necessary
but not covered under the contract if an ordinarily careful practitioner in the
same or similar community would do so under the same or similar circumstances.
(6) A prepaid managed
care health services organization shall provide information on contacting
available providers to an enrollee in writing within 30 days of assignment to
the health services organization.
(7) Each prepaid managed
care health services organization shall provide upon the request of an enrollee
or prospective enrollee annual summaries of the organization’s aggregate data
regarding:
(a) Grievances and
appeals; and
(b) Availability and
accessibility of services provided to enrollees.
(8) A prepaid managed
care health services organization may not limit enrollment in a designated area
based on the zip code of an enrollee or prospective enrollee.
(9)(a)
Notwithstanding subsection (2) of this section, a prepaid managed care health
services organization shall reimburse a qualified community health center or
safety net clinic for a contracted service provided by the center or clinic to
an enrollee of the organization participating in the
(b) As used in this
subsection, “community health center or safety net clinic” means a nonprofit
medical clinic that provides primary physical health, vision, dental or mental
health services to low-income patients without charge or using a sliding fee
scale based on the income of the patient. “Community health center or safety
net clinic” includes a school-based clinic.
SECTION 6. ORS 414.839 is amended to read:
414.839. (1) Subject to
funds available, the Department of Human Services may provide public subsidies
for the purchase of health insurance coverage [provided by public programs or private insurance, including but not
limited to] in the Family Health Insurance Assistance Program, for
currently uninsured individuals [based on]
whose incomes [up to] are not
more than 200 percent of the federal poverty [level] guidelines. The objective is to create a transition
from dependence on public programs to privately financed health insurance.
(2) Public subsidies
shall apply only to health benefit plans that meet or exceed the basic
benchmark health benefit plan or plans established under ORS 735.733.
(3) Cost-sharing shall
be permitted and structured in such a manner to encourage appropriate use of
preventive care and avoidance of unnecessary services.
(4) Cost-sharing shall
be based on an individual’s ability to pay and may not exceed the cost of
purchasing a plan.
(5) The state may pay a
portion of the cost of the subsidy, based on the individual’s income and other
resources.
SECTION 7. Sections 8 to 13 of this 2007 Act are added
to and made a part of ORS chapter 735.
SECTION 8. (1) The Office of Private Health Partnerships
shall administer a private health option to expand private health care coverage
for
(2) The office shall
contract with carriers to provide health benefit plans approved under section 9
of this 2007 Act. The office will manage the collection and payment of premiums
for children participating in the plans.
(3) The office shall
provide a subsidy for a health benefit plan provided pursuant to a contract
entered into under this section for a child whose family’s household income is
more than 200 percent but no more than 300 percent of the federal poverty
guidelines. The amount of the subsidy shall be determined in accordance with
subsection (4) of this section and is payable to the carrier in the manner
specified by the contract.
(4) The office shall
adopt rules for determining the subsidies to be paid under this section based
upon the following factors:
(a) Household income;
(b) Family size; and
(c) Other factors
established by the office.
(5) The office shall
adopt rules under which families with household incomes that are more than 300
percent of the federal poverty guidelines may purchase health benefit plans
offered through the private health option.
(6) As used in this
section and section 9 of this 2007 Act:
(a) “Carrier” has the
meaning given that term in ORS 735.700.
(b) “Child” means a
person under 19 years of age.
(c) “Health benefit plan”
has the meaning given that term in ORS 735.720.
SECTION 9. (1) The Office of Private Health
Partnerships must approve health benefit plans offered through the private
health option described in section 8 of this 2007 Act. To be approved, health
benefit plans must offer benefit packages comparable to those provided under
section 2 (1)(a) of this 2007 Act and must cover
mental health, vision and dental services.
(2) Approved health
benefit plans may impose copayments or co-insurance amounts that are based upon
a family’s ability to pay as determined according to criteria adopted by the
office by rule.
(3) Approved health
benefit plans may not exclude coverage of pre-existing conditions.
SECTION 10. (1) The Office of Private Health
Partnerships is responsible for marketing the
(2) In addition to the
duties described in subsection (1) of this section, to maximize the enrollment
and retention of eligible children in the
(3) The criteria for
awarding grants under subsection (2) of this section shall include, but are not
limited to, the extent to which a grantee offers:
(a) Information and
assistance to a diverse geographic area or a culturally diverse community in
this state, including communities that need the information and assistance
provided in alternative formats and in languages other than English;
(b) Assistance with the
application process; and
(c) Assistance to
individuals and families in enrolling and maintaining enrollment in the
SECTION 11. Notwithstanding eligibility criteria and
subsidy amounts determined pursuant to section 8 of this 2007 Act, subsidies
under the private health option shall be provided to eligible children to the
extent the Legislative Assembly appropriates funds for that purpose or
establishes expenditure limitations to provide such subsidies.
SECTION 12. There is established in the State Treasury,
separate and distinct from the General Fund, the Private Health Option Program
Account, which shall consist of moneys appropriated to the account by the
Legislative Assembly and all moneys transferred as reimbursements to the
account by the Department of Human Services under section 14 of this 2007 Act.
All moneys in the Private Health Option Program Account are continuously
appropriated to the Office of Private Health Partnerships to carry out the
provisions of sections 8, 9 and 10 of this 2007 Act.
SECTION 13. (1) Except as otherwise provided in this
section and ORS 735.710, the Office of Private Health Partnerships and the
Department of Human Services may not disclose information provided as part of
an application for enrollment in the Oregon Healthy Kids Program except for
purposes directly connected with the administration of the program.
(2) The office and the
department may exchange applicant information with other state and federal
agencies for the purposes of determining eligibility for and administering the
Oregon Healthy Kids Program, identifying economic trends relevant to
administration of the program and providing the report required by section 16
of this 2007 Act.
(3) In accordance with
applicable state and federal law, the office or the department may request that
applicants provide their Social Security numbers and may use those numbers in
the administration of the
SECTION 14. (1) The Department of Human Services shall
apply to the Centers for Medicare and Medicaid Services for the waivers
necessary to implement sections 2, 3, 8, 9 and 10 of this 2007 Act and to obtain
federal financial participation for health care coverage provided to children
through the Oregon Healthy Kids Program.
(2) The department shall
adopt rules implementing sections 2 and 3 of this 2007 Act as soon as
practicable after receipt of the necessary waivers. The Office of Private
Health Partnerships shall adopt rules implementing sections 8, 9 and 10 of this
2007 Act as soon as practicable after receipt of the necessary waivers.
(3) The office and the
department shall work cooperatively to obtain federal financial participation
under subsection (1) of this section.
(4) The office and the
department shall develop a system for reimbursement by the department to the
office for costs associated with administering the private health option.
SECTION 15. (1) The
(2) Moneys in the
(3) Notwithstanding
subsection (2) of this section, if and to the extent that the Legislative
Assembly determines that the
SECTION 16. The Office for
(1) An estimate of the
number of children who are eligible for but not enrolled in the program;
(2) The number of
children enrolled in the program;
(3) The number of
children disenrolled from the program and the reasons for disenrollment;
(4) A description of any
identified barriers to enrolling or maintaining enrollment of children in the
program and a description of the plans developed by the office and the
Department of Human Services to overcome the barriers; and
(5) An estimate of the
number of families who have voluntarily discontinued employer-sponsored
dependent health coverage and enrolled their children in the program.
SECTION 17. ORS 735.701 is amended to read:
735.701. (1) The Office
of Private Health Partnerships is established.
(2) The office shall
carry out the duties described under ORS 414.831, 735.700 to 735.714 and
735.720 to 735.740 and sections 2, 8, 9 and 10 of this 2007 Act.
SECTION 18. ORS 735.710 is amended to read:
735.710. (1) In carrying
out its duties under ORS 735.700 to 735.714 and 735.720 to 735.740 and
sections 2, 8, 9 and 10 of this 2007 Act, the Office of Private Health
Partnerships may:
(a) Enter into contracts
for administration of ORS 735.700 to 735.714 and 735.720 to 735.740 and
sections 2, 8, 9 and 10 of this 2007 Act, including collection of premiums
and paying carriers.
(b) Retain consultants
and employ staff.
(c) Enter into contracts
with carriers or health care providers for health benefit plans.
(d) Set premium rates
for eligible employees and small employers.
(e) Perform other duties
to provide low-cost health benefit plans of types likely to be purchased by
small employers.
(f) Establish contributions
to be paid by small employers toward the premiums incurred on behalf of covered
eligible employees.
(g) Establish procedures
by rule for the publication or release of aggregate data relating to:
(A) Applicants for
enrollment and persons enrolled in the Family Health Insurance Assistance
Program;
(B) Health benefit plans
for small employers offered by the office; and
(C) Other programs
operated by the office.
(2) Notwithstanding any
other health benefit plan contracted for and offered by the office, the office
shall contract for a health benefit plan or plans best designed to meet the
needs and provide for the welfare of eligible employees and small employers.
(3) The office may
approve more than one carrier for each type of plan contracted for and offered,
but the number of carriers shall be held to a number consistent with adequate
service to eligible employees and family members.
(4) Where appropriate
for a contracted and offered health benefit plan, the office shall provide
options under which an eligible employee may arrange coverage for family
members of the employee.
(5) In developing any
health benefit plan, the office may provide an option of additional coverage
for eligible employees and family members at an additional cost or premium.
(6) Transfer of
enrollment from one health benefit plan to another shall be open to all
eligible employees and family members under rules adopted by the office.
(7) If the office
requests less health care service or benefit than is otherwise required by
state law, a carrier is not required to offer such service or benefit.
(8) The office may
contract for and offer health benefit plans for small employers that provide a
sufficient level of benefits to be eligible for a subsidy under ORS 735.724 as well
as health benefit plans for small employers that are not eligible for a subsidy
under ORS 735.724.
(9) The office may
employ whatever means are reasonably necessary to carry out the purposes of ORS
735.700 to 735.714 and 735.720 to 735.740 and sections 2, 8, 9 and 10 of
this 2007 Act. Such authority includes but is not limited to authority to
seek clarification, amendment, modification, suspension or termination of any
agreement or contract that in the office’s judgment requires such action.
SECTION 19. ORS 735.710, as amended by section 8, chapter
742, Oregon Laws 2003, section 4, chapter 238, Oregon Laws 2005, section 4,
chapter 262, Oregon Laws 2005, section 4, chapter 727, Oregon Laws 2005, and
section 20, chapter 744, Oregon Laws 2005, is amended to read:
735.710. (1) In carrying
out its duties under ORS 735.700 to 735.714 and 735.720 to 735.740 and
sections 2, 8, 9 and 10 of this 2007 Act, the Office of Private Health
Partnerships shall:
(a) Enter into contracts
for administration of ORS 735.700 to 735.714 and 735.720 to 735.740 and
sections 2, 8, 9 and 10 of this 2007 Act, including collection of premiums
and paying carriers.
(b) Retain consultants
and employ staff.
(c) Enter into contracts
with carriers or health care providers for health benefit plans, including
contracts where final payment may be reduced if usage is below a level fixed in
the contract.
(d) Set premium rates
for eligible employees and small employers.
(e) Perform other duties
to provide low-cost health benefit plans of types likely to be purchased by
small employers.
(f) Establish
contributions to be paid by small employers toward the premiums incurred on
behalf of covered eligible employees.
(g) Establish procedures
by rule for the publication or release of aggregate data relating to:
(A) Applicants for
enrollment and persons enrolled in the Family Health Insurance Assistance
Program;
(B) Health benefit plans
for small employers offered by the office; and
(C) Other programs
operated by the office.
(2) Notwithstanding any
other health benefit plan contracted for and offered by the office, the office
shall contract for a health benefit plan or plans best designed to meet the
needs and provide for the welfare of eligible employees and small employers.
(3) The office may
approve more than one carrier for each type of plan contracted for and offered,
but the number of carriers shall be held to a number consistent with adequate
service to eligible employees and family members.
(4) Where appropriate
for a contracted and offered health benefit plan, the office shall provide
options under which an eligible employee may arrange coverage for family
members of the employee.
(5) In developing any
health benefit plan, the office may provide an option of additional coverage
for eligible employees and family members at an additional cost or premium.
(6) Transfer of
enrollment from one health benefit plan to another shall be open to all
eligible employees and family members under rules adopted by the office.
(7) If the office requests
less health care service or benefit than is otherwise required by state law, a
carrier is not required to offer such service or benefit.
(8) Health benefit plans
for small employers contracted for and offered by the office must provide a
sufficient level of benefits to be eligible for a subsidy under ORS 735.724.
(9) The office may
employ whatever means are reasonably necessary to carry out the purposes of ORS
735.700 to 735.714 and 735.720 to 735.740 and sections 2, 8, 9 and 10 of
this 2007 Act. Such authority includes but is not limited to authority to
seek clarification, amendment, modification, suspension or termination of any
agreement or contract that in the office’s judgment requires such action.
SECTION 20. ORS 735.754 is amended to read:
735.754. (1) In order to
increase public subsidies for the purchase of health insurance coverage
provided by public programs or private insurance described by ORS 414.839
and sections 8, 9 and 10 of this 2007 Act, the Office of Private Health
Partnerships, the Oregon Medical Insurance Pool Board and the Department of
Human Services shall work cooperatively to obtain federal matching dollars. The
office, the Oregon Medical Insurance Pool Board and the department shall
develop a system for payment or reimbursement of other costs and subsidies
provided to subsidized members.
(2) For each subsidized
member, the Oregon Medical Insurance Pool Board shall determine:
(a) The full cost of
administering the benefits plan of the subsidized member; and
(b) The amount of other
costs.
(3) The Oregon Medical
Insurance Pool Board shall bill the Family Health Insurance Assistance Program
for the total amount of the premium received by the Oregon Medical Insurance
Pool Board and for the amount of other costs. The program shall forward the
bill to the department.
(4) The department shall
pay the program an amount equal to the portion of the premium that is a subsidy
and for other costs. The program shall forward the payment to the Oregon
Medical Insurance Pool Board.
SECTION 21. (1) The Healthy Kids Safety Net Fund is
established in the State Treasury, separate and distinct from the General Fund.
Interest earned by the Healthy Kids Safety Net Fund shall be credited to the
fund. The Healthy Kids Safety Net Fund shall consist of moneys transferred to
the fund under section 23 of this 2007 Act and moneys received by the
Department of Human Services in the form of gifts, grants, bequests, endowments
or donations.
(2) Moneys in the
Healthy Kids Safety Net Fund are continuously appropriated to the Department of
Human Services for the purpose of carrying out the provisions of section 22 of
this 2007 Act.
SECTION 22. (1) The Department of Human Services shall
award grants to community health centers and safety net clinics to ensure the
capacity of each grantee to provide health care services to underserved or
vulnerable populations.
(2) The department shall
by rule adopt criteria for awarding grants under this section.
(3) As used in this
section, “community health centers and safety net clinics” means nonprofit
medical clinics that provide primary physical health, vision, dental or mental
health services to low-income patients without charge or using a sliding fee
scale based on the income of the patient. “Community health centers and safety
net clinics” includes school-based clinics.
SECTION 23. All moneys received by the Department of
Revenue from the taxes imposed under section 15 (1)(a), Article IX of the
Oregon Constitution, 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:
(1) 4.918 percent shall
be credited to the Tobacco Use Reduction Account established under ORS 431.832
to fund cigarette and tobacco use prevention and education programs recommended
in the Best Practices for Comprehensive Tobacco Control Programs published by
the United States Department of Health and Human Services, Centers for Disease
Control and Prevention, National Center for Chronic Disease Prevention and
Health Promotion, Office on Smoking and Health, August 1999.
(2) 72.34 percent shall
be credited to the
(3) 18.54 percent shall
be credited to the
(4) 3.04 percent shall
be transferred to the Healthy Kids Safety Net Fund established by section 21 of
this 2007 Act.
(5) 1.16 percent shall
be transferred to the Rural Health Care Revolving Account established by ORS
442.480 for the purposes described in section 44 of this 2007 Act.
SECTION 24. Section 23 of this 2007 Act is amended to
read:
Sec.
23. All moneys received by the Department of Revenue from the
taxes imposed under section 15 (1)(a), Article IX of the Oregon Constitution,
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:
(1) [4.918] 10 percent shall be
credited to the Tobacco Use Reduction Account established under ORS 431.832 to
fund cigarette and tobacco use prevention and education programs recommended in
the Best Practices for Comprehensive Tobacco Control Programs published by the
United States Department of Health and Human Services, Centers for Disease
Control and Prevention, National Center for Chronic Disease Prevention and
Health Promotion, Office on Smoking and Health, August 1999.
(2) [72.34] 68.47 percent shall be
credited to the Oregon Healthy Kids Program Fund established by section 15 of
this 2007 Act.
(3) [18.54] 17.55 percent shall be
credited to the Oregon Health Plan Fund established by ORS 414.109.
(4) [3.04] 2.88 percent shall be
transferred to the Healthy Kids Safety Net Fund established by section 21 of
this 2007 Act.
(5) [1.16] 1.10 percent shall be
transferred to the Rural Health Care Revolving Account established by ORS
442.480 for the purposes described in section 44 of this 2007 Act.
SECTION 25. The amendments to section 23 of this 2007
Act by section 24 of this 2007 Act become operative on July 1, 2009.
SECTION 26. Section 23 of this 2007 Act applies to
taxes imposed on or after the effective date of this 2007 Act.
SECTION 27. 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) and
323.031 (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]:
(a) 21.69 percent shall be credited to the General Fund[,];
(b) [3.45] 2.3 percent is appropriated
to the cities of this state[,];
(c) [3.45]
2.3 percent is appropriated to the counties of this state; and
(d) [3.45]
2.3 percent is continuously appropriated to the Department of Transportation
for the purpose of financing and improving transportation services for elderly
and disabled individuals as provided in ORS 391.800 to 391.830.
(2) After the
appropriation and crediting of moneys to the General Fund, cities, counties and
the Department of Transportation under subsection (1) of this section, of the
balance of the moneys in the suspense account, 71.41 percent shall be credited
to the Oregon Health Plan Fund established by ORS 414.109 for the purpose of
funding the maintenance and expansion of the number of persons eligible for
medical assistance under the Oregon Health Plan or for funding the maintenance
of the benefits available under the Oregon Health Plan, or both.
[(2)] (3) 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)] (4) 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 28. The unexpended balances of amounts in the
suspense account described in ORS 323.457 on December 31, 2007, are transferred
to the suspense account described in ORS 323.455 for distribution as prescribed
in ORS 323.455.
SECTION 29. ORS 323.505 is amended to read:
323.505. (1)(a) A tax is hereby imposed upon the
distribution of all tobacco products in this state at the following rates:
(A) Sixty-five percent
of the wholesale sales price of cigars, but not to exceed 50 cents per cigar;
or
(B) Sixty-five percent
of the wholesale sales price of all tobacco products that are not cigars.
(b) In addition, for
purposes of administration and collection, the taxes imposed under section 15
(1)(b) and (c), Article IX of the
(2) The combined
statutory and constitutional tax [imposed
under this section] shall be imposed at the rate of:
(a) [Sixty-five] Ninety-five percent
of the wholesale sales price of cigars, but not to exceed 50 cents per cigar;
or
(b) [Sixty-five] Ninety-five percent
of the wholesale sales price of all tobacco products that are not cigars.
(3) If the combined
statutory and constitutional tax [imposed
under this section] does not equal an amount calculable to a whole cent,
the tax shall be equal to the next higher whole cent. However, the amount
remitted to the Department of Revenue by the taxpayer for each quarter shall be
equal only to 98.5 percent of the total taxes due and payable by the taxpayer
for the quarter.
(4) No tobacco product
shall be subject to the tax if the base product or other intermediate form
thereof has previously been taxed under this section.
(5) Solely for
purposes of administration and collection, the taxes imposed under section 15
(1)(b) and (c), Article IX of the
SECTION 30. The amendments to ORS 323.505 by section 29
of this 2007 Act apply to tobacco products tax reporting periods beginning on
or after the first day of the calendar month following the effective date of
this 2007 Act.
SECTION 31. All moneys received by the Department of
Revenue under section 15 (1)(b) and (c), Article IX of the Oregon Constitution,
shall be deposited in the State Treasury and credited to a suspense account
established under ORS 293.445. After payment of refunds or credits arising from
erroneous overpayments:
(1) 44.6 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
(2) 55.4 percent shall
be credited to the Tobacco Use Reduction Account established under ORS 431.832.
SECTION 32. Section 31 of this 2007 Act is amended to
read:
Sec.
32. All moneys received by the Department of Revenue under section
15 (1)(b) and (c), Article IX of the Oregon Constitution, shall be deposited in
the State Treasury and credited to a suspense account established under ORS
293.445. After payment of refunds or credits arising from erroneous
overpayments:
(1) [44.6] 57 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
(2) [55.4] 43 percent shall be
credited to the Tobacco Use Reduction Account established under ORS 431.832.
SECTION 33. ORS 323.010 is amended to read:
323.010. As used in ORS
323.005 to 323.482, unless the context requires otherwise:
(1) “Cigarette” means
any product that contains nicotine, is intended to be burned or heated under
ordinary conditions of use and consists of or contains:
(a) Any roll of tobacco
wrapped in paper or in any substance not containing tobacco;
(b) Tobacco, in any
form, that is functional in the product and that, because of its appearance,
the type of tobacco used in the filler or its packaging and labeling, is likely
to be offered to, or purchased by, consumers as a cigarette; or
(c) Any roll of tobacco
that is wrapped in any substance containing tobacco and that, because of its
appearance, the type of tobacco used in the filler or its packaging and
labeling, is likely to be offered to, or purchased by, consumers as a cigarette
described in paragraph (a) of this subsection.
(2) “Cigarette activity
in this state”:
(a) Means importing,
storing or manufacturing cigarettes in this state, or exporting cigarettes out
of this state, in order to sell the cigarettes either within or outside this
state.
(b) Does not include
importing, storing, manufacturing or exporting of cigarettes that are to be
consumed by the person doing the importing, storing, manufacturing or
exporting.
(3) “Contraband
cigarettes” means cigarettes or packages of cigarettes:
(a) That do not comply with the requirements of ORS 323.005 to
323.482 or 323.856 or the cigarette tax laws of another state or the federal
government;
(b) That bear trademarks
that are counterfeit under ORS 647.135 or other state or federal trademark
laws; or
(c) That have been sold,
offered for sale or possessed for sale in this state in violation of ORS
180.440.
(4) “Department” means
the Department of Revenue.
(5) “Dealer” includes
every person, other than a manufacturer or a person holding a distributor’s
license, who engages in this state in the sale of cigarettes.
(6) “Exporting” means
the act of carrying or conveying goods from a point of manufacture or storage
in this state to a location outside this state and may be further defined by
the department by rule.
(7) “Importing” means
the act of bringing goods to a point of storage in this state from a location
outside this state and may be further defined by the department by rule.
(8) “In this state”
means within the exterior limits of the State of
(9) “Manufacturer” means
any person who makes, manufactures or fabricates
cigarettes for sale.
(10) “Package” means the
individual package, box or other container in which retail sales or gifts of
cigarettes are normally made or intended to be made.
(11) “Person” includes
any individual, firm, copartnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, trustee, syndicate,
this state, any county, municipality, district or other political subdivision
of the state, or any other group or combination acting as a unit.
(12) “
(13) “Taxpayer” means a
distributor or other person required to pay or prepay and collect a tax
under ORS 323.005 to 323.482 or under section 15, Article IX of the Oregon
Constitution, and includes a distributor required to prepay and collect
a tax under ORS 323.068.
(14) “Transporter” means
any person importing or transporting into this state, or transporting in this state, cigarettes obtained from a source located
outside this state, or from any person not licensed as a distributor under ORS
323.005 to 323.482. It does not include a licensed distributor, a common
carrier to whom is issued a certificate or permit by the United States Surface
Transportation Board to carry commodities in interstate commerce, or to a
carrier of federal tax-free cigarettes in bond, or any person transporting no
more than 199 cigarettes at any one time.
(15) “Untaxed cigarette”
means any cigarette that has not yet been distributed in such manner as to
result in a tax liability under ORS 323.005 to 323.482 or under section 15,
Article IX of the
(16) “Use or consumption”
includes the exercise of any right or power over cigarettes incident to the
ownership thereof, other than the sale of the cigarettes or the keeping or
retention thereof for the purpose of sale.
(17) “Wholesaler” means
any dealer who engages in the sale of cigarettes to any other dealer for
purposes other than use or consumption.
SECTION 34. ORS 323.500 is amended to read:
323.500. As used in ORS
323.500 to 323.645, unless the context otherwise requires:
(1) “Business” means any
trade, occupation, activity or enterprise engaged in for the purpose of selling
or distributing tobacco products in this state.
(2) “Cigar” means a roll
for smoking that is of any size or shape and that is made wholly or in part of
tobacco, irrespective of whether the tobacco is pure or flavored, adulterated
or mixed with any other ingredient, if the roll has a wrapper made wholly or in
greater part of tobacco and if 1,000 of these rolls collectively weigh more
than three pounds. “Cigar” does not include a cigarette, as defined in ORS
323.010.
(3) “Consumer” means any
person who purchases tobacco products in this state for the person’s use or
consumption or for any purpose other than for reselling the tobacco products to
another person.
(4) “Contraband tobacco
products” means tobacco products or packages containing tobacco products:
(a) That do not comply with the requirements of ORS 323.500 to
323.645;
(b) That do not comply
with the requirements of the tobacco products tax laws of the federal
government or of other states; or
(c) That bear trademarks that are counterfeit under ORS 647.135 or other
state or federal trademark laws.
(5) “Department” means
the Department of Revenue.
(6) “Distribute” means:
(a)
Bringing, or causing to be brought, into this state from without this state
tobacco products for sale, storage, use or consumption;
(b) Making,
manufacturing or fabricating tobacco products in this state for sale, storage,
use or consumption in this state;
(c) Shipping or
transporting tobacco products to retail dealers in this state, to be sold,
stored, used or consumed by those retail dealers;
(d) Storing untaxed
tobacco products in this state that are intended to be for sale, use or
consumption in this state;
(e) Selling untaxed
tobacco products in this state; or
(f) As a consumer, being
in possession of untaxed tobacco products in this state.
(7) “Distributor” means:
(a) Any person engaged
in the business of selling tobacco products in this state who
brings, or causes to be brought, into this state from without the state any
tobacco products for sale;
(b) Any person who makes, manufactures or fabricates tobacco products in this
state for sale in this state;
(c) Any person engaged
in the business of selling tobacco products without this state who ships or
transports tobacco products to retail dealers in this state, to be sold by those
retail dealers;
(d) Any person,
including a retail dealer, who sells untaxed tobacco products in this state; or
(e) A consumer in
possession of untaxed tobacco products in this state.
(8) “Manufacturer” means
a person who manufactures tobacco products for sale.
(9) “Place of business”
means any place where tobacco products are sold or where tobacco products are
manufactured, stored or kept for the purpose of sale or consumption, including
any vessel, vehicle, airplane, train or vending machine.
(10) “Retail dealer”
means any person who is engaged in the business of selling or otherwise
dispensing tobacco products to consumers. The term also includes the operators
of or recipients of revenue from all places such as smoke shops, cigar stores
and vending machines, where tobacco products are made or stored for ultimate
sale to consumers.
(11) “
(12) “Taxpayer” includes
a distributor or other person required to pay or prepay and collect a
tax imposed under ORS 323.500 to 323.645 or under section 15, Article IX of
the
(13) “Tobacco products”
means cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut,
ready rubbed and other smoking tobacco, snuff, snuff flour, cavendish, plug and
twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps,
clippings, cuttings and sweepings of tobacco and other kinds and forms of
tobacco, prepared in such manner as to be suitable for chewing or smoking in a
pipe or otherwise, or both for chewing and smoking, but shall not include
cigarettes as defined in ORS 323.010.
(14) “Untaxed tobacco
products” means tobacco products for which the tax required under ORS 323.500
to 323.645 or under section 15, Article IX of the
(15) “Wholesale sales
price” means the price paid for untaxed tobacco products to or on behalf of a
seller by a purchaser of the untaxed tobacco products.
SECTION 35. ORS 323.625, as amended by section 53a,
chapter 804, Oregon Laws 2003, is amended to read:
323.625. All moneys
received by the Department of Revenue under ORS 323.500 to 323.645 shall be
deposited in the State Treasury and credited to a suspense account established
under ORS 293.445. After payment of refunds or credits arising from erroneous
overpayments, the balance of the money shall be credited to the General Fund.
Of the amount credited to the General Fund under this section [41.54] 21.3 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 4.62
percent shall be credited to the Tobacco Use Reduction Account established
under ORS 431.832].
SECTION 36. ORS 391.800 is amended to read:
391.800. (1) There is established in the State Treasury, separate and
distinct from the General Fund, the Elderly and Disabled Special Transportation
Fund. All moneys in the Elderly and Disabled Special Transportation Fund are
appropriated continuously to the Department of Transportation for payment of
the department’s administrative costs of the program and payment to mass
transit districts, transportation districts, Indian tribes and counties as
provided in ORS 391.810.
(2) The Elderly and
Disabled Special Transportation Fund shall consist of:
(a) Moneys transferred
to the fund under ORS 184.642 and 323.455 [(3)]
(4);
(b) Other moneys
appropriated to the fund by the Legislative Assembly; and
(c) Moneys obtained from
interest earned on the investment of moneys in the fund.
(3) Moneys in the
Elderly and Disabled Special Transportation Fund, with the approval of the
State Treasurer, may be invested as provided by ORS 293.701 to 293.820, and the
earnings from the investments shall be credited to the Elderly and Disabled
Special Transportation Fund.
SECTION 37. Section 38 of this 2007 Act is added to and
made a part of ORS 323.005 to 323.482.
SECTION 38. (1) The taxes imposed on the distribution
of cigarettes under section 15, Article IX of the
(2) The taxes imposed on
the distribution of cigarettes under section 15, Article IX of the Oregon
Constitution, shall not apply to the distribution of cigarettes in any instance
in which cigarettes are made exempt from taxes imposed or made due under ORS
323.005 to 323.482 as of the effective date of section 15, Article IX of the
Oregon Constitution.
SECTION 39. Section 40 of this 2007 Act is added to and
made a part of ORS 323.500 to 323.645.
SECTION 40. (1) The taxes imposed on the distribution
of cigars and other tobacco products under section 15, Article IX of the
(2) The taxes imposed on
the distribution of cigars and other tobacco products under section 15, Article
IX of the Oregon Constitution shall not apply to the distribution of cigars and
other tobacco products in any instance in which cigars and other tobacco
products are made exempt from taxes imposed or made due under ORS 323.500 to
323.645 as of the effective date of section 15, Article IX of the Oregon
Constitution.
SECTION 41. (1) Notwithstanding ORS 323.030 (2) and in
addition to and not in lieu of any other tax, the tax imposed by section 15
(1)(a), Article IX of the Oregon Constitution, as applied in section 15 (6)(b),
Article IX of the Oregon Constitution, on cigarettes that are in this state and
in the possession of a distributor as of January 1, 2008, shall be determined
and collected as provided in this section and section 42 of this 2007 Act.
(2) The tax is due and
payable on or before 20 days after the first day of the calendar month
following the effective date of section 15, Article IX of the
(3) On or before 20 days
after the first day of the calendar month following the effective date of
section 15, Article IX of the Oregon Constitution, every dealer must file a
report with the Department of Revenue in such form as the department may
prescribe. The report must state the number of cigarettes in the possession of or
under the control of the dealer in this state at 12:01 a.m. on the first day of
the calendar month following the effective date of section 15, Article IX of
the Oregon Constitution, and the amount of tax due. Each report must be
accompanied by a remittance payable to the department for the amount of tax
due.
SECTION 42. (1) Every distributor must take an
inventory as of 12:01 a.m. on the first day of the calendar month following the
effective date of section 15, Article IX of the Oregon Constitution, of all
packages of cigarettes to which are affixed Oregon cigarette tax stamps and of
all unaffixed Oregon cigarette tax stamps in the possession of or under the
control of the distributor.
(2) Every distributor
must file a report with the Department of Revenue on or before 20 days after
the first day of the calendar month following the effective date of section 15,
Article IX of the Oregon Constitution, in such form as the department may
prescribe, showing:
(a) The number of Oregon
cigarette tax stamps, with the designations of the stamps, that were affixed to
packages of cigarettes in the possession of or under the control of the
distributor at 12:01 a.m. on the first day of the calendar month following the
effective date of section 15, Article IX of the Oregon Constitution.
(b) The number of
unaffixed Oregon cigarette tax stamps, with the designations of the stamps,
that were in the possession of or under the control of the distributor at 12:01
a.m. on the first day of the calendar month following the effective date of
section 15, Article IX of the Oregon Constitution.
(3) The amount of tax
required to be paid with respect to the affixed Oregon cigarette tax stamps
shall be determined in accordance with section 15 (1)(a), Article IX of the
Oregon Constitution, as applied by section 15 (6)(b), Article IX of the Oregon
Constitution, and remitted with the distributor’s report. Any amount of tax not
paid within the time specified for the filing of the report shall bear interest
at the rate established under ORS 305.220 per month, or fraction of a month,
from the due date of the report until paid.
(4) Notwithstanding ORS
323.320, the department may establish a date after which the value of stamps
sold prior to the effective date of section 15, Article IX of the
SECTION 43. Section 44 of this 2007 Act is added to and
made a part of ORS 442.470 to 442.507.
SECTION 44. The Office of Rural Health may award to
rural health care providers grants that promote any of the following goals:
(1) Replacement or
renovation of aging rural hospitals.
(2) Modernization of
capital equipment.
(3) Preservation of
access to local health services in rural areas through short-term support of
vulnerable rural health care providers.
(4) Expansion of
community health educational opportunities.
(5) Providing incentives
for the development of long-term, sustainable approaches to providing improved
health care services and increased access to quality health care in rural
areas.
(6) Development of
collaborative approaches that sustain access to quality rural health care.
(7) Expanding or
sustaining health care for financially and physically vulnerable rural
populations.
(8) Providing
operational support for rural health centers that are not federally qualified
health centers.
SECTION 45. ORS 442.507 is amended to read:
442.507. (1) [With the moneys transferred to the Office of
Rural Health by ORS 442.625,] The Office of Rural Health shall
establish a dedicated grant program for the purpose of providing assistance to
rural communities to enhance emergency medical service systems.
(2) Communities, as well
as nonprofit or governmental agencies serving those communities, may apply to
the office for grants on forms developed by the office.
(3) The office shall
make the final decision concerning which entities receive grants, but the
office may seek advice from the Rural Health Coordinating Council, the State
Emergency Medical Service Committee and other appropriate individuals
experienced with emergency medical services.
(4) The office may make
grants to entities for the purchase of equipment, the establishment of new
rural emergency medical service systems or the improvement of existing rural
emergency medical service systems.
(5) With the exception
of printing and mailing expenses associated with the grant program, the Office
of Rural Health shall pay for administrative costs of the program with funds
other than those transferred under ORS 442.625.
SECTION 46. Sections 2, 3, 8, 9, 10, 11, 13, 16 and 22
of this 2007 Act and the amendments to ORS 414.025, 414.725, 414.839, 735.701,
735.710 and 735.754 by sections 4, 5, 6, 17, 18, 19 and 20 of this 2007 Act
become operative on July 1, 2008.
SECTION 47. The amendments to ORS 323.455 and 323.625
by sections 27 and 35 of this 2007 Act become operative on January 1, 2008.
SECTION 48. Section 32 of this 2007 Act becomes
operative on July 1, 2009.
SECTION 49. ORS 323.457 is repealed on January 1, 2008.
CAPTIONS
SECTION 50. The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become part of the
statutory law of this state or express any legislative intent in the enactment
of this 2007 Act.
EFFECTIVE DATE
SECTION 51. This 2007 Act does not take effect unless
the amendment to the
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date same as constitutional amendment proposed by SJR 4
__________