Chapter 827
AN ACT
SB 1032
Relating to agency fees; creating new
provisions; amending ORS 291.050 and 291.055; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 291.050 is amended to read:
291.050. As used in ORS
291.050 to 291.060:
(1) “Fee” means an
amount imposed and collected by a state agency to defray or recover the costs
of administering the law involved in providing a service to the public and used
by the state agency to carry out or enforce a law under its jurisdiction. “Fee”
does not include:
(a) Fines, [and] civil penalties or [any] court judgments.
(b) Proceeds from
the sale of products or charges for rents, leases or other real estate [transaction costs] transactions.
(c) Interest and other
charges for bonding and loan transactions.
(d) Charges levied by
one state agency on another state agency.
(e) Copying charges
for public records as defined in ORS 192.410.
(f) Charges for
attendance at informational seminars.
(2) “Products” means
goods and publications purchased voluntarily that have a commercial value. [“Products” includes copying charges for
public records as defined in ORS 192.410 and the conducting of informational
seminars.] “Products” does not include [services
or] licenses or permits issued by state agencies.
(3) “State agency” means
every state officer, board, commission, department, institution, branch or
agency of the state government that is subject to the provisions of ORS 291.201
to 291.222 and 291.230 to 291.260. “State agency” includes the Legislative
Assembly, including legislative committees and service agencies, the Secretary
of State, the State Treasurer and the Judicial Department. “State agency” does
not include a commodity commission established under ORS 576.051 to 576.455 or
the Oregon Beef Council created under ORS 577.210.
SECTION 2. ORS 291.055 is amended to read:
291.055. (1)
Notwithstanding any other law that grants to a state agency the authority to
establish fees, all new state agency fees or fee increases adopted after July 1
of any odd-numbered year:
(a) Are not effective
for agencies in the executive department of government unless approved in
writing by the Director of the Oregon Department of Administrative Services;
(b) Are not effective
for agencies in the judicial department of government unless approved in
writing by the Chief Justice of the Supreme Court;
(c) Are not effective
for agencies in the legislative department of government unless approved in
writing by the President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by
the state agency to the Oregon Department of Administrative Services within 10
days of their adoption; and
(e) Are rescinded on
July 1 of the next following odd-numbered year, or on adjournment sine die of
the regular session of the Legislative Assembly meeting in that year, whichever
is later, unless otherwise authorized by enabling legislation setting forth the
approved fees.
(2) This section does
not apply to:
(a) Any tuition or fees
charged by the State Board of Higher Education and state institutions of higher
education.
(b) Taxes or other
payments made or collected from employers for unemployment insurance required
by ORS chapter 657 or premium assessments required by ORS 656.612 and 656.614
or contributions and assessments calculated by cents per hour for workers’
compensation coverage required by ORS 656.506.
(c) Fees or payments
required for:
(A) Health care services
provided by the Oregon Health and Science University, by the Oregon Veterans’
Homes and by other state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and
premiums paid to the Oregon Medical Insurance Pool established by ORS 735.614
and 735.625.
(C) Copayments and
premiums paid to the
(D) Assessments paid to
the Office of Private Health Partnerships under section 12, chapter 727, Oregon
Laws 2005.
(d) Fees created or
authorized by statute that have no established rate or amount but are
calculated for each separate instance for each fee payer and [the fee assessed is] are based on
actual cost of services provided.
(e) State agency charges
on employees for benefits and services.
(f) Any
intergovernmental charges.
(g) Forest protection
district assessment rates established by ORS 477.210 to 477.265 and the Oregon
Forest Land Protection Fund fees established by ORS 477.760.
(h) State Department of
Energy assessments required by ORS 469.421 (8) and 469.681.
(i) Any charges established
by the State Parks and Recreation Director in accordance with ORS 565.080 (3).
(j) Assessments on
premiums charged by the Insurance Division of the Department of Consumer and
Business Services pursuant to ORS 731.804 or fees charged by the Division of
Finance and Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS 706.530 and
723.114.
(k) Public Utility
Commission operating assessments required by ORS 756.310 or charges paid to the
Residential Service Protection Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the
Housing and Community Services Department for intellectual property pursuant to
ORS 456.562.
(m) New or increased
fees that are anticipated in the legislative budgeting process for an agency,
revenues from which are included, explicitly or implicitly, in the
legislatively adopted budget for the agency.
(3)(a) Fees temporarily
decreased for competitive or promotional reasons or because of unexpected and
temporary revenue surpluses may be [restored
to their normal level] increased to not more than their prior level
without compliance with subsection (1) of this section if, at the time the
fee is decreased, the state agency specifies the following:
(A) The reason for the
fee decrease; and
(B) The conditions under
which the fee will be [restored to its
normal] increased to not more than its prior level.
(b) Fees that are
decreased for reasons other than those described in paragraph (a) of this
subsection may not be subsequently increased except as allowed by ORS 291.050
to 291.060 and 294.160.
SECTION 3. ORS 291.055, as amended by section 15, chapter
727, Oregon Laws 2005, and section 24e, chapter 744, Oregon Laws 2005, is
amended to read:
291.055. (1)
Notwithstanding any other law that grants to a state agency the authority to
establish fees, all new state agency fees or fee increases adopted after July 1
of any odd-numbered year:
(a) Are not effective
for agencies in the executive department of government unless approved in
writing by the Director of the Oregon Department of Administrative Services;
(b) Are not effective
for agencies in the judicial department of government unless approved in
writing by the Chief Justice of the Supreme Court;
(c) Are not effective
for agencies in the legislative department of government unless approved in
writing by the President of the Senate and the Speaker of the House of
Representatives;
(d) Shall be reported by
the state agency to the Oregon Department of Administrative Services within 10
days of their adoption; and
(e) Are rescinded on
July 1 of the next following odd-numbered year, or on adjournment sine die of
the regular session of the Legislative Assembly meeting in that year, whichever
is later, unless otherwise authorized by enabling legislation setting forth the
approved fees.
(2) This section does
not apply to:
(a) Any tuition or fees
charged by the State Board of Higher Education and state institutions of higher
education.
(b) Taxes or other payments
made or collected from employers for unemployment insurance required by ORS
chapter 657 or premium assessments required by ORS 656.612 and 656.614 or
contributions and assessments calculated by cents per hour for workers’
compensation coverage required by ORS 656.506.
(c) Fees or payments
required for:
(A) Health care services
provided by the Oregon Health and Science University, by the Oregon Veterans’
Homes and by other state agencies and institutions pursuant to ORS 179.610 to
179.770.
(B) Assessments and
premiums paid to the Oregon Medical Insurance Pool established by ORS 735.614
and 735.625.
(C) Copayments and
premiums paid to the
(d) Fees created or
authorized by statute that have no established rate or amount but are
calculated for each separate instance for each fee payer and [the fee assessed is] are based on
actual cost of services provided.
(e) State agency charges
on employees for benefits and services.
(f) Any
intergovernmental charges.
(g) Forest protection
district assessment rates established by ORS 477.210 to 477.265 and the Oregon
Forest Land Protection Fund fees established by ORS 477.760.
(h) State Department of
Energy assessments required by ORS 469.421 (8) and 469.681.
(i) Any charges established
by the State Parks and Recreation Director in accordance with ORS 565.080 (3).
(j) Assessments on
premiums charged by the Insurance Division of the Department of Consumer and
Business Services pursuant to ORS 731.804 or fees charged by the Division of
Finance and Corporate Securities of the Department of Consumer and Business
Services to banks, trusts and credit unions pursuant to ORS 706.530 and
723.114.
(k) Public Utility
Commission operating assessments required by ORS 756.310 or charges paid to the
Residential Service Protection Fund required by chapter 290, Oregon Laws 1987.
(L) Fees charged by the
Housing and Community Services Department for intellectual property pursuant to
ORS 456.562.
(m) New or increased
fees that are anticipated in the legislative budgeting process for an agency,
revenues from which are included, explicitly or implicitly, in the
legislatively adopted budget for the agency.
(3)(a) Fees temporarily
decreased for competitive or promotional reasons or because of unexpected and
temporary revenue surpluses may be [restored
to their normal level] increased to not more than their prior level
without compliance with subsection (1) of this section if, at the time the
fee is decreased, the state agency specifies the following:
(A) The reason for the
fee decrease; and
(B) The conditions under
which the fee will be [restored to its
normal] increased to not more than its prior level.
(b) Fees that are
decreased for reasons other than those described in paragraph (a) of this
subsection may not be subsequently increased except as allowed by ORS 291.050
to 291.060 and 294.160.
SECTION 4. (1) ORS 291.055 (2)(m) first applies to
agency fees adopted on or after July 1, 2007, that are adopted in conformance
with legislative discussions of the budget adopted for the agency for the
biennium beginning July 1, 2007.
(2) The amendments to
ORS 291.055 (3)(a) by sections 2 and 3 of this 2007 Act apply to agency fees
increased in accordance with ORS 291.055 (3)(a) on or after July 1, 2007.
SECTION 5. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect July 1, 2007.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date July 17, 2007
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