74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to HB 2243
 
LC 580/HB 2243-9
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2243
 
    By COMMITTEE ON GOVERNMENT ACCOUNTABILITY AND INFORMATION
                           TECHNOLOGY
 
                              May 4
 
  On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions;' and delete '183.705, 377.730'
and insert '183.335, 183.705'.
  In line 6, after '726.125' insert ', 835.106' and after '
837.020' insert 'and section 1, chapter 73, Oregon Laws 2005; and
repealing sections 2 and 3, chapter 73, Oregon Laws 2005'.
  On page 2, delete lines 17 through 34 and insert:
  '  { +  NOTE: + } Section 2 was deleted by amendment.
Subsequent sections were not renumbered.'.
  On page 29, line 19, delete 'department' and insert ' board'.
  On page 36, after line 11, insert:
  '  { +  SECTION 58. + } ORS 183.335 is amended to read:
  ' 183.335. (1) Prior to the adoption, amendment or repeal of
any rule, the agency shall give notice of its intended action:
  ' (a) In the manner established by rule adopted by the agency
under ORS 183.341 (4), which provides a reasonable opportunity
for interested persons to be notified of the agency's proposed
action;
  ' (b) In the bulletin referred to in ORS 183.360 at least 21
days prior to the effective date;
  ' (c) At least 28 days before the effective date, to persons
who have requested notice pursuant to subsection (8) of this
section; and
  ' (d) At least 49 days before the effective date, to the
persons specified in subsection (15) of this section.
  ' (2)(a) The notice required by subsection (1) of this section
must include:
  ' (A) A caption of not more than 15 words that reasonably
identifies the subject matter of the agency's intended action.
The agency shall include the caption on each separate notice,
statement, certificate or other similar document related to the
intended action.
  ' (B) An objective, simple and understandable statement
summarizing the subject matter and purpose of the intended action
in sufficient detail to inform a person that the person's
interests may be affected, and the time, place and manner in
which interested persons may present their views on the intended
action.
  ' (b) The agency shall include with the notice of intended
action given under subsection (1) of this section:
  ' (A) A citation of the statutory or other legal authority
relied upon and bearing upon the promulgation of the rule;
  ' (B) A citation of the statute or other law the rule is
intended to implement;
  ' (C) A statement of the need for the rule and a statement of
how the rule is intended to meet the need;
  ' (D) A list of the principal documents, reports or studies, if
any, prepared by or relied upon by the agency in considering the
need for and in preparing the rule, and a statement of the
location at which those documents are available for public
inspection. The list may be abbreviated if necessary, and if so
abbreviated there shall be identified the location of a complete
list;
  ' (E) A statement of fiscal impact identifying state agencies,
units of local government and the public which may be
economically affected by the adoption, amendment or repeal of the
rule and an estimate of that economic impact on state agencies,
units of local government and the public. In considering the
economic effect of the proposed action on the public, the agency
shall utilize available information to project any significant
economic effect of that action on businesses which shall include
a cost of compliance effect on small businesses affected. For an
agency specified in ORS 183.530, the statement of fiscal impact
shall also include a housing cost impact statement as described
in ORS 183.534;
  ' (F) If an advisory committee is not appointed under the
provisions of ORS 183.333, an explanation as to why no advisory
committee was used to assist the agency in drafting the rule; and
  ' (G) A request for public comment on whether other options
should be considered for achieving the rule's substantive goals
while reducing the negative economic impact of the rule on
business.
  ' (c) The Secretary of State may omit the information submitted
under paragraph (b) of this subsection from publication in the
bulletin referred to in ORS 183.360.
  ' (d) When providing notice of an intended action under
subsection (1)(c) of this section, the agency shall provide a
copy of the rule that the agency proposes to adopt, amend or
repeal, or an explanation of how the person may acquire a copy of
the rule.  The copy of an amended rule shall show all changes to
the rule by striking through material to be deleted and
underlining all new material, or by any other method that clearly
shows all new and deleted material.
  ' (e) Notice of an intended action under subsection (1)(a), (c)
and (d) of this section may be given by regular mail or by
electronic mail.
  ' (3)(a) When an agency proposes to adopt, amend or repeal a
rule, it shall give interested persons reasonable opportunity to
submit data or views. Opportunity for oral hearing shall be
granted upon request received from 10 persons or from an
association having not less than 10 members before the earliest
date that the rule could become effective after the giving of
notice pursuant to subsection (1) of this section. An agency
holding a hearing upon a request made under this subsection shall
give notice of the hearing at least 21 days before the hearing to
the person who has requested the hearing, to persons who have
requested notice pursuant to subsection (8) of this section and
to the persons specified in subsection (15) of this section. The
agency shall publish notice of the hearing in the bulletin
referred to in ORS 183.360 at least 14 days before the hearing.
The agency shall consider fully any written or oral submission.
  ' (b) If an agency is required to conduct an oral hearing under
paragraph (a) of this subsection, and the rule for which the
hearing is to be conducted applies only to a limited geographical
area within this state, or affects only a limited geographical
area within this state, the hearing shall be conducted within the
geographical area at the place most convenient for the majority
of the residents within the geographical area. At least 14 days
before a hearing conducted under this paragraph, the agency shall
publish notice of the hearing in the bulletin referred to in ORS
183.360 and in a newspaper of general circulation published
within the geographical area that is affected by the rule or to
which the rule applies. If a newspaper of general circulation is
not published within the geographical area that is affected by
the rule or to which the rule applies, the publication shall be
made in the newspaper of general circulation published closest to
the geographical area.
  ' (c) Notwithstanding paragraph (a) of this subsection, the
Department of Corrections and the State Board of Parole and
Post-Prison Supervision may adopt rules limiting participation by
inmates in the proposed adoption, amendment or repeal of any rule
to written submissions.
  ' (d) If requested by at least five persons before the earliest
date that the rule could become effective after the agency gives
notice pursuant to subsection (1) of this section, the agency
shall provide a statement that identifies the objective of the
rule and a statement of how the agency will subsequently
determine whether the rule is in fact accomplishing that
objective.
  ' (e) An agency that receives data or views concerning proposed
rules from interested persons shall maintain a record of the data
or views submitted. The record shall contain:
  ' (A) All written materials submitted to an agency in response
to a notice of intent to adopt, amend or repeal a rule.
  ' (B) A recording or summary of oral submissions received at
hearings held for the purpose of receiving those submissions.
  ' (C) Any public comment received in response to the request
made under subsection (2)(b)(G) of this section and the agency's
response to that comment.
  ' (D) Any statements provided by the agency under paragraph (d)
of this subsection.
  ' (4) Upon request of an interested person received before the
earliest date that the rule could become effective after the
giving of notice pursuant to subsection (1) of this section, the
agency shall postpone the date of its intended action no less
than 21 nor more than 90 days in order to allow the requesting
person an opportunity to submit data, views or arguments
concerning the proposed action. Nothing in this subsection shall
preclude an agency from adopting a temporary rule pursuant to
subsection (5) of this section.
  ' (5) Notwithstanding subsections (1) to (4) of this section,
an agency may adopt, amend or suspend a rule without prior notice
or hearing or upon any abbreviated notice and hearing that it
finds practicable, if the agency prepares:
  ' (a) A statement of its findings that its failure to act
promptly will result in serious prejudice to the public interest
or the interest of the parties concerned and the specific reasons
for its findings of prejudice;
  ' (b) A citation of the statutory or other legal authority
relied upon and bearing upon the promulgation of the rule;
  ' (c) A statement of the need for the rule and a statement of
how the rule is intended to meet the need;
  ' (d) A list of the principal documents, reports or studies, if
any, prepared by or relied upon by the agency in considering the
need for and in preparing the rule, and a statement of the
location at which those documents are available for public
inspection; and
  ' (e) For an agency specified in ORS 183.530, a housing cost
impact statement as defined in ORS 183.534.
  ' (6)(a) A rule adopted, amended or suspended under subsection
(5) of this section is temporary and may be effective for a
period of not longer than 180 days. The adoption of a rule under
this subsection does not preclude the subsequent adoption of an
identical rule under subsections (1) to (4) of this section.
  ' (b) A rule temporarily suspended shall regain effectiveness
upon expiration of the temporary period of suspension unless the
rule is repealed under subsections (1) to (4) of this section.
  ' (7) Notwithstanding subsections (1) to (4) of this section,
an agency may amend a rule without prior notice or hearing if the
amendment is solely for the purpose of:
 
  ' (a) Changing the name of an agency by reason of a name change
prescribed by law;
  '  { +  (b) Changing the name of a program, office or division
within an agency as long as the change in name does not have a
substantive effect on the functions of the program, office or
division; + }
  '  { - (b) - }  { +  (c) + } Correcting spelling;
  '  { - (c) - }  { +  (d) + } Correcting grammatical mistakes in
a manner that does not alter the scope, application or meaning of
the rule;   { - or - }
  '  { - (d) - }  { +  (e) + } Correcting statutory
references { + ; or
  ' (f) Correcting addresses or telephone numbers referred to in
the rules + }.
  ' (8) Any person may request in writing that an agency send to
the person copies of its notices of intended action given
pursuant to subsection (1) of this section. The person must
provide a mailing address or electronic mail address. Upon
receipt of any request the agency shall acknowledge the request,
establish a mailing list and maintain a record of all mailings
made pursuant to the request. Agencies may establish procedures
for establishing and maintaining the mailing lists current and,
by rule, establish fees necessary to defray the costs of mailings
and maintenance of the lists.
  ' (9) This section does not apply to rules establishing an
effective date for a previously effective rule or establishing a
period during which a provision of a previously effective rule
will apply.
  ' (10) This section does not apply to ORS 279.835 to 279.855,
279A.140 to 279A.155, 279A.250 to 279A.290, 279A.990, 279B.050 to
279B.085, 279B.200 to 279B.240, 279B.270, 279B.275, 279B.280,
279C.360, 279C.365, 279C.370, 279C.375, 279C.380, 279C.385,
279C.500 to 279C.530, 279C.540, 279C.545, 279C.550 to 279C.570,
279C.580, 279C.585, 279C.590, 279C.600 to 279C.625, 279C.650 to
279C.670 and 279C.800 to 279C.870 relating to public contracts
and purchasing.
  ' (11)(a) Except as provided in paragraph (c) of this
subsection, a rule is not valid unless adopted in substantial
compliance with the provisions of this section in effect on the
date that the notice required under subsection (1) of this
section is delivered to the Secretary of State for the purpose of
publication in the bulletin referred to in ORS 183.360.
  ' (b) In addition to all other requirements with which rule
adoptions must comply, a rule is not valid if the rule has not
been submitted to the Legislative Counsel in the manner required
by ORS 183.715.
  ' (c) A rule is not subject to judicial review or other
challenge by reason of failing to comply with subsection
(2)(a)(A) of this section.
  ' (12)(a) Notwithstanding the provisions of subsection (11) of
this section, but subject to paragraph (b) of this subsection, an
agency may correct its failure to substantially comply with the
requirements of subsections (2) and (5) of this section in
adoption of a rule by an amended filing, as long as the
noncompliance did not substantially prejudice the interests of
persons to be affected by the rule.
  ' (b) An agency may use an amended filing to correct a failure
to include a fiscal impact statement in a notice of intended
action, as required by subsection (2)(b)(E) of this section, or
to correct an inaccurate fiscal impact statement, only if the
agency developed the fiscal impact statement with the assistance
of an advisory committee or fiscal impact advisory committee
appointed under ORS 183.333.
  ' (13) Unless otherwise provided by statute, the adoption,
amendment or repeal of a rule by an agency need not be based upon
or supported by an evidentiary record.
  ' (14) When an agency has established a deadline for comment on
a proposed rule under the provisions of subsection (3)(a) of this
section, the agency may not extend that deadline for another
agency or person unless the extension applies equally to all
interested agencies and persons. An agency shall not consider any
submission made by another agency after the final deadline has
passed.
  ' (15) The notices required under subsections (1) and (3) of
this section must be given by the agency to the following
persons:
  ' (a) If the proposed adoption, amendment or repeal results
from legislation that was passed within two years before notice
is given under subsection (1) of this section, notice shall be
given to the legislator who introduced the bill that subsequently
was enacted into law, and to the chair or cochairs of all
committees that reported the bill out, except for those
committees whose sole action on the bill was referral to another
committee.
  ' (b) If the proposed adoption, amendment or repeal does not
result from legislation that was passed within two years before
notice is given under subsection (1) of this section, notice
shall be given to the chair or cochairs of any interim or session
committee with authority over the subject matter of the rule.
  ' (c) If notice cannot be given under paragraph (a) or (b) of
this subsection, notice shall be given to the Speaker of the
House of Representatives and to the President of the Senate who
are in office on the date the notice is given.
  ' (16)(a) Upon the request of a member of the Legislative
Assembly or of a person who would be affected by a proposed
adoption, amendment or repeal, the committees receiving notice
under subsection (15) of this section shall review the proposed
adoption, amendment or repeal for compliance with the legislation
from which the proposed adoption, amendment or repeal results.
  ' (b) The committees shall submit their comments on the
proposed adoption, amendment or repeal to the agency proposing
the adoption, amendment or repeal.
  '  { +  SECTION 59. + } Section 1, chapter 73, Oregon Laws
2005, is amended to read:
  '  { +  Sec. 1. + } (1) The Department of Consumer and Business
Services may establish one or more combined license processing
  { - pilot projects - }  { +  programs + }. Participation in a
combined license processing   { - pilot project - }  { +
program + } by a state agency is voluntary.  Notwithstanding any
other provision of law, agencies participating in a combined
license processing   { - pilot project - }  { +  program + } may:
  ' (a) Use combined license applications;
  ' (b) Adopt standardized license terms under subsection (2) of
this section;
  ' (c) Charge adjusted license fees established under subsection
(2) of this section;
  ' (d) Issue combined license documents; and
  ' (e) Take any other action authorized under rules adopted
pursuant to subsection   { - (4) - }  { +  (3) + } of this
section that provides a simplified procedure for processing
licenses issued pursuant to the   { - pilot project - }  { +
program + }.
  ' (2) Notwithstanding any other provision of law, the
Department of Consumer and Business Services may establish a
standardized term for licenses of state agencies participating in
a combined license processing   { - pilot project - }  { +
program + }. If the department establishes a standardized term
under the provisions of this subsection, the agencies
participating in the   { - project - }  { + program + } shall
adjust the fees established by statute for each license in an
appropriate manner to ensure that there is no revenue loss by
reason of the change in the term of the license.
  '  { - (3) As soon as possible after the effective date of this
2005 Act, the Department of Consumer and Business Services shall
prepare a proposal for combined license processing pilot projects
for the Oregon Liquor Control Commission, the Department of
Environmental Quality and the State Department of Agriculture.
The proposal shall specify the manner in which those agencies may
offer combined license processing for retail establishments that
are licensed by one or more of those agencies. - }
  '  { - (4) - }  { +  (3) + } The Department of Consumer and
Business Services may adopt rules necessary for implementation of
combined license processing   { - pilot projects - }  { +
programs + }. Any agency participating in a combined license
processing   { - pilot project - }  { +  program + } may:
  ' (a) Agree to be bound by the rules adopted by the Department
of Consumer and Business Services; and
  ' (b) Adopt any other rules necessary for participation in a
combined license processing   { - pilot project - }  { +
program + }.
  '  { +  SECTION 60. + }  { + Sections 2 and 3, chapter 73,
Oregon Laws 2005, are repealed. + }
  '  { +  SECTION 61. + }  { + If an agency of the executive
department, as defined in ORS 174.112, enters into a contract
with a county or other public body, as defined in ORS 174.109,
for the purpose of issuing licenses on behalf of the agency, the
agency, by rule, shall provide that payment for the licenses be
made directly to the agency if:
  ' (1) The agency has implemented a functioning licensing
software system that is approved by the Oregon Department of
Administrative Services; and
  ' (2) The agency pays to the county or other public body the
same amounts under the contract that the county or other public
body would have received if the county or other public body had
collected the license fees. + }
  '  { +  SECTION 62. + } ORS 835.106 is amended to read:
  ' 835.106. (1) The Governor shall appoint the Director of the
Oregon Department of Aviation, subject to confirmation by the
Senate pursuant to ORS 171.562 and 171.565, who holds office at
the pleasure of the Governor.
  '  { - (2) The Governor may not appoint a person as director
unless the person has experience in airport operations or
management. - }
  '  { - (3) - }  { +  (2) + } Subject to policy direction by the
State Aviation Board, the director shall:
  ' (a) Be the administrative head of the department;
  ' (b) Have power, within applicable budgetary limitations, and
in accordance with ORS chapter 240, to hire, assign, reassign and
coordinate personnel of the department and prescribe their duties
and fix their compensation, subject to the State Personnel
Relations Law;
  ' (c) Administer the laws of the state concerning aviation; and
  ' (d) Intervene, as authorized by the board, pursuant to the
rules of practice and procedure, in the proceedings of state and
federal agencies that may substantially affect the interests of
the consumers and providers of aviation services within Oregon.
  '  { - (4) - }  { +  (3) + } In addition to duties otherwise
required by law, the director shall prescribe regulations for the
government of the department, the conduct of its employees, the
assignment and performance of its business and the custody, use
and preservation of its records, papers and property in a manner
consistent with applicable law.
  '  { - (5) - }  { +  (4) + } The director may delegate to any
of the employees of the department the exercise or discharge in
the director's name of any duty, function or power of whatever
character, vested in or imposed by law upon the director,
including duties, functions or powers delegated to the director
by the board. The official act of any person acting in the
director's name and by the authority of the director shall be
considered to be an official act of the director.
  '  { - (6) - }  { +  (5) + } The director shall have authority
to require a fidelity bond of any officer or employee of the
department who has charge of, handles or has access to any state
money or property, and who is not otherwise required by law to
give a bond. The amounts of the bonds shall be fixed by the
director, except as otherwise provided by law, and the sureties
shall be approved by the director. The department shall pay the
premiums on the bonds.
  '  { - (7) - }  { +  (6) + } The director shall prepare and
submit to the board on or about December 31 of each year an
annual report for the 12 months ending the prior June 30. The
annual report shall set forth all that the department has done
during the year. The report shall contain a statement of the
parts of the state aviation system that were constructed,
reconstructed or improved during the period, together with a
statement showing in a general way the status of the state
aviation system.'.
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