74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to A-Eng. HB 2243 (A to RC)
LC 580/HB 2243-A12
SENATE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 2243
(INCLUDING AMENDMENTS TO RESOLVE CONFLICTS)
By COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
June 12
On page 1 of the printed A-engrossed bill, line 2, after '
183.705,' insert '184.615, 184.651,'.
In line 5, after '635.030,' insert '670.304, 670.306,'.
In line 7, after '726.125,' insert '776.105, 776.365, ' and
delete the third 'and'.
In line 8, after '2005' insert '; and declaring an emergency'.
On page 30, after line 4, insert:
' { + SECTION 48a. + } { + If Senate Bill 206 becomes law,
section 48 of this 2007 Act (amending ORS 685.100) is repealed
and ORS 685.100, as amended by section 4, chapter ___, Oregon
Laws 2007 (Enrolled Senate Bill 206), is amended to read: + }
' 685.100. (1) Upon approval of an application for a licensure,
the Board of Naturopathic Examiners shall issue a license
certificate that shall be displayed at all times in the office of
the person to whom it was issued while the license is active.
' (2) A person holding an active license issued under this
chapter may apply to the board for license renewal. A completed
renewal application consists of:
' (a) A completed board renewal form containing any information
required by the board to determine the applicant's eligibility
for license renewal;
' (b) Proof of compliance with continuing education
requirements set by the board; and
' (c) Payment of the active license renewal fee established by
the board under subsection (8) of this section.
' (3) Failure to submit a completed renewal application
annually by December 31 { + , or by such date as may be specified
by board rule, + } shall result in the lapse of the license. A
lapsed license may be restored by the board upon receipt,
{ - by January 31 - } { + not more than 30 days after the
license lapses + }, of a completed renewal application and
payment of the restoration fee under subsection (8) of this
section.
' (4) A license that has lapsed for more than one month may be
restored by the board upon payment of the restoration fee
established by the board and submission of a completed renewal
application and any other information required by the board.
' (5) A person holding an active license under this chapter may
convert the license to inactive status by meeting the
requirements set by rule of the board and paying any required
fees. A person holding a license issued under this chapter who is
at least 70 years of age and retired from the practice of
naturopathic medicine may convert the license to retired status
by meeting the requirements set by rule of the board and paying
any required fees.
' (6)(a) A person who chooses to allow a license to become
inactive may file a written application to reactivate a license
that has been inactive for one year or less by paying the
restoration fee and the renewal fee for an active license and
demonstrating compliance with ORS 685.102. A fee paid to place
the license in inactive status shall not be credited toward
payment of the renewal fee for an active license. The board may
prorate the renewal fee.
' (b) A person who chooses to allow a license to become
inactive may file a written application to reactivate a license
that has been inactive for more than one year by paying the
renewal fee for an active license and demonstrating compliance
with the continuing education requirement set by rule of the
board under ORS 685.102 (6). The board may prorate the renewal
fee.
' (7) The executive director of the board shall issue a renewal
notice to each person holding a license under this chapter
{ - by the first day of November of each year - } { + at
least 60 days before the renewal application is due + }.
' (8) The board shall assess fees for:
' (a) An initial license.
' (b) Examination.
' (c) Renewal of an active license.
' (d) Yearly renewal of an inactive or retired license.
' (e) Restoration of an inactive, lapsed or revoked license.
' (f) A certificate of special competency in natural
childbirth.
' (g) A duplicate license.
' (h) A wall certificate.
' (i) Copies of public documents, mailing labels, lists and
diskettes.
' (9) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fees and charges, the fees and charges
established under this section shall not exceed the cost of
administering the regulatory program of the board pertaining to
the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly within the board's budget,
as the budget may be modified by the Emergency Board.'.
On page 33, after line 12, insert:
' { + SECTION 54a. + } { + If Senate Bill 168 becomes law,
section 54 of this 2007 Act (amending ORS 696.530) is repealed
and ORS 696.530, as amended by section 1, chapter 225, Oregon
Laws 2007 (Enrolled Senate Bill 168), is amended to read: + }
' 696.530. (1) The license of an escrow agent expires
{ + on + } June 30 next after the date of issuance { - if it
is not renewed by July 1 of such year - } { + or on such date
as may be specified by rule of the Real Estate Commissioner + }.
A license may be renewed by filing a renewal application in
writing, verified by the applicant and in the form prescribed by
the { - Real Estate - } commissioner, and paying the annual
license fee for the next succeeding fiscal year.
' (2) The filing fees are:
' (a) For filing an original or a renewal application, $300 for
the main office and $150 for each branch office.
' (b) For filing an application for a duplicate copy of a
license, upon satisfactory showing of loss of the license, the
sum of $20.
' (c) For a name change or a change of address of an escrow
agent, $10 for the main office plus $10 for each affected branch
office.
' (3) The commissioner, by rule, may provide an opportunity for
the late renewal of an expired escrow agent license by an
applicant who fails to renew the license by { - July 1 as
required in - } { + the date specified under + } subsection (1)
of this section.'.
On page 41, after line 36, insert:
' { + SECTION 63. + } ORS 776.105 is amended to read:
' 776.105. (1) The Oregon Board of Maritime Pilots is
established within the { - Department of Transportation - }
{ + Public Utility Commission of Oregon + }, and shall consist
of nine members appointed by the Governor for terms of four
years. The appointments of members of the board are subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
' (2) Three members of the board shall be public members, one
of whom shall act as chairperson of the board. The public members
of the board may not:
' (a) During the preceding five years or during their terms of
office, have any interest in the ownership, operation or
management of any tugs, cargo or passenger vessels or in the
carriage of freight or passengers by vessel;
' (b) During the preceding five years or during their terms of
office, have any interest in any association or organization
represented under subsection (4) of this section or principally
comprised of persons engaged in commercial pursuits in the
maritime industry as described in paragraph (a) of this
subsection in any capacity; or
' (c) Hold or have held a maritime pilot license issued by any
state or federal authority.
' (3) Three members shall be licensees under this chapter. One
member shall be a Columbia River bar licensee, one member shall
be a Columbia River licensee and one member shall be a Coos Bay
or Yaquina Bay licensee. A licensee member shall:
' (a) Have been licensed for more than three years under this
chapter;
' (b) Be actively engaged in piloting; and
' (c) Be a resident of this state.
' (4) Except as provided in subsection (5) of this section,
three members of the board shall, for at least three years
immediately preceding their appointment, have been and during
their terms of office be engaged in the activities of a person,
as defined in ORS 174.100, that operates or represents commercial
oceangoing vessels.
' (5) The Governor may appoint a past or present employee or
commissioner of a port to serve on the board in lieu of one of
the operators or representatives of a commercial oceangoing
vessel under subsection (4) of this section.
' (6)(a) The majority of members shall constitute a quorum for
the transaction of all business if at least one member of each
group, as described in subsections (2), (3) and (4) of this
section, is present.
' (b) Notwithstanding paragraph (a) of this subsection, when
the board fixes pilotage fees under ORS 776.115 (5) a quorum
shall consist of seven members.
' (c) Notwithstanding paragraph (a) of this subsection, for
purposes of ORS 192.610 to 192.690 a quorum shall consist of five
members.
' (7) The { - Director of Transportation, or a designated
representative, shall serve as an - } { + commission may
appoint a member of the commission, or a designee, as a
nonvoting, + }ex officio member of the board { - but without
the right to vote - } .
' { + (8)(a) The commission is responsible for the
administrative oversight of the board. The responsibilities of
the commission include, but are not limited to:
' (A) Budgeting;
' (B) Financial management;
' (C) Record keeping;
' (D) Staffing;
' (E) Purchasing and contracting;
' (F) Collecting fees; and
' (G) Compliance with rulemaking procedures set forth in ORS
chapter 183.
' (b) In consultation with the board, the commission shall:
' (A) Fix the qualifications of and appoint an administrative
officer for the board; and
' (B) Subject to the State Personnel Relations Law, fix the
compensation of the administrative officer. + }
' { + SECTION 64. + } ORS 184.615 is amended to read:
' 184.615. (1) The Department of Transportation is established.
' (2) The Department of Transportation shall consist of the
Director of Transportation and all personnel employed in the
department. Except as otherwise provided in subsections (4) and
(5) of this section, for purposes of administration, subject to
the approval of the Oregon Transportation Commission, the
director may organize and reorganize the department as the
director considers necessary to properly conduct the work of the
department.
' (3) The department shall carry out policies adopted by the
commission and all duties and responsibilities vested in it by
law including, but not necessarily limited to, duties and
responsibilities concerning drivers and motor vehicles, highways,
motor carriers, public transit, rail { - , - } { + and + }
transportation safety
{ - and the Oregon Board of Maritime Pilots - } .
' (4) The director shall appoint an administrator for each area
of critical concern to the department. The administrator shall be
responsible for planning and operations in that area, for
relationships between the department and persons affected by the
operations of the area, for advocacy of the area within the
department planning and operations processes and for such other
duties as may be provided by law. For purposes of this
subsection, ' area of critical concern' includes, but is not
necessarily limited to, driver and motor vehicle services,
highways, motor carriers, public transit, rail { - , - } { +
and + } transportation safety { - and maritime pilotage - } .
In appointing administrators under this subsection, the director
shall consider recommendations of any advisory committee
interested in the area of responsibility. Administrators
appointed under this subsection are in the unclassified service
for purposes of the State Personnel Relations Law.
' (5) Whenever a duty or function is specifically given by
statute to the director, and that duty or function involves
day-to-day operations of an area of critical concern to the
department, the director shall delegate the duty or function to
the administrator of the area of critical concern.
' { + SECTION 65. + } ORS 184.651 is amended to read:
' 184.651. The Department of Transportation shall develop,
operate and maintain a full cost accounting system that
accurately and separately accounts for all direct, indirect and
administrative costs incurred by each of the following units of
the department:
' { - (1) Oregon Board of Maritime Pilots. - }
' { - (2) - } { + (1) + } Central services.
' { - (3) - } { + (2) + } Driver and motor vehicle services.
' { - (4) - } { + (3) + } Highways.
' { - (5) - } { + (4) + } Motor carriers.
' { - (6) - } { + (5) + } Rail.
' { - (7) - } { + (6) + } Transit.
' { - (8) - } { + (7) + } Transportation development.
' { - (9) - } { + (8) + } Transportation safety.
' { + SECTION 66. + } ORS 670.304 is amended to read:
' 670.304. Except as otherwise specifically provided, ORS
670.300 to 670.380 apply to the following professional licensing
and advisory boards:
' (1) Professional licensing and advisory boards established in
the Office of the Secretary of State.
' (2) The Oregon Board of Maritime Pilots { - , in the
Department of Transportation - } .
' (3) The Board of Cosmetology, in the Oregon Health Licensing
Agency.
' (4) The State Board of Architect Examiners.
' (5) The State Landscape Contractors Board.
' (6) The State Board of Examiners for Engineering and Land
Surveying.
' (7) State Landscape Architect Board.
' (8) State Board of Geologist Examiners.
' (9) State Board of Tax Practitioners.
' (10) Oregon Board of Accountancy.
' (11) The Construction Contractors Board.
' { + SECTION 67. + } ORS 670.306 is amended to read:
' 670.306. (1) Subsections (2) and (3) of this section shall
apply only to the following professional licensing boards:
' (a) State Board of Architect Examiners.
' (b) Construction Contractors Board.
' (c) State Board of Examiners for Engineering and Land
Surveying.
' (d) State Landscape Architect Board.
' (e) State Landscape Contractors Board.
' (f) Oregon Board of Accountancy.
' { - (g) Oregon Board of Maritime Pilots. - }
' { - (h) - } { + (g) + } State Board of Tax Practitioners.
' (2) A board shall fix the qualifications of and appoint an
administrative officer. The determination of qualifications and
appointment of an administrative officer shall be made after
consultation { - : - }
' { - (a) In the case of a board referred to in subsection
(1)(a), (b), (c), (d), (e), (f) or (h) of this section, - } with
the Governor.
' { - (b) In the case of the Oregon Board of Maritime Pilots,
with the Director of Transportation. - }
' (3) An administrative officer of a board shall not be a
member of that board.
' (4) Subject to the applicable rules of the State Personnel
Relations Law, the board shall fix the compensation of its
administrator, who shall be in the unclassified service.
' (5) Subject to applicable rules of the State Personnel
Relations Law, the administrative officer shall appoint all
subordinate employees, prescribe their duties and fix their
compensation.
' { + SECTION 68. + } ORS 776.365 is amended to read:
' 776.365. { - The money received under this chapter shall be
paid into the State Treasury and placed to the credit of the
General Fund in the Pilot Account which account hereby is
established. Such moneys hereby are appropriated continuously and
shall be used only for the administration and enforcement of this
chapter. The Oregon Department of Administrative Services shall
draw warrants for all claims approved by the Oregon Board of
Maritime Pilots pursuant to the appropriations on the State
Treasurer, payable out of the Pilot Account in the General
Fund. - } { + The Pilot Account is established in the State
Treasury, separate and distinct from the General Fund. All moneys
received by the Oregon Board of Maritime Pilots under this
chapter shall be deposited in the account. All moneys in the
account are continuously appropriated to the board and the board
may use the moneys only for the administration and enforcement of
this chapter and for expenses incurred by the Public Utility
Commission in its oversight of the board. + }
' { + SECTION 69. + } { + The Oregon Board of Maritime
Pilots is transferred from the Department of Transportation to
the Public Utility Commission of Oregon. + }
' { + SECTION 70. + } { + (1) The Director of Transportation
shall:
' (a) Deliver to the Public Utility Commission of Oregon all
records and property within the jurisdiction of the director that
relate to the Oregon Board of Maritime Pilots; and
' (b) Transfer to the Public Utility Commission of Oregon those
employees employed by the Oregon Board of Maritime Pilots.
' (2) The Public Utility Commission of Oregon shall take
possession of the records and property, and shall take charge of
the employees and employ them in the exercise of the duties,
functions and powers of the Oregon Board of Maritime Pilots,
without reduction of compensation but subject to change or
termination of employment as provided by law.
' (3) The Governor shall resolve any dispute between the
Department of Transportation and the Public Utility Commission of
Oregon relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
' { + SECTION 71. + } { + (1) The unexpended balances of
amounts authorized to be expended by the Department of
Transportation for the biennium beginning July 1, 2005, from
revenues dedicated, continuously appropriated, appropriated or
otherwise made available for the purpose of administering and
enforcing the duties, functions and powers of the Oregon Board of
Maritime Pilots are transferred to and are available for
expenditure by the Public Utility Commission of Oregon for the
biennium beginning July 1, 2005, for the purpose of funding the
expenses of the Oregon Board of Maritime Pilots.
' (2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Department of
Transportation for the Oregon Board of Maritime Pilots remain
applicable to expenditures by the Public Utility Commission of
Oregon under this section. + }
' { + SECTION 72. + } { + The transfer of the Oregon Board
of Maritime Pilots to the Public Utility Commission of Oregon by
section 69 of this 2007 Act does not affect any action,
proceeding or prosecution involving or with respect to such
duties, functions and powers begun before and pending at the time
of the transfer, except that the Public Utility Commission of
Oregon is substituted for the Department of Transportation in the
action, proceeding or prosecution. + }
' { + SECTION 73. + } { + (1) Nothing in sections 69 to 73
of this 2007 Act relieves a person of a liability, duty or
obligation accruing under or with respect to the duties,
functions and powers of the Oregon Board of Maritime Pilots. The
Public Utility Commission of Oregon may undertake the collection
or enforcement of any such liability, duty or obligation.
' (2) The rights and obligations of the Department of
Transportation legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
operative date of section 69 of this 2007 Act accruing under or
with respect to the duties, functions and powers of the Oregon
Board of Maritime Pilots are transferred to the Public Utility
Commission of Oregon. For the purpose of succession to these
rights and obligations, the Public Utility Commission of Oregon
is a continuation of the Department of Transportation and not a
new authority. + }
' { + SECTION 74. + } { + (1) Sections 69 to 73 of this 2007
Act and the amendments to ORS 184.615, 184.651, 670.304, 670.306,
776.105 and 776.365 by sections 63 to 68 of this 2007 Act become
operative July 1, 2007.
' (2) Section 61 of this 2007 Act, the amendments to ORS
183.335, 183.705, 435.050, 438.130, 460.065, 508.470, 508.781,
508.807, 508.892, 508.947, 537.747, 571.075, 571.535, 585.040,
586.270, 601.030, 601.080, 603.025, 604.620, 616.706, 618.146,
619.031, 621.166, 621.266, 621.335, 622.050, 624.020, 628.230,
632.715, 632.730, 633.015, 633.029, 633.318, 633.700, 634.112,
635.030, 675.290, 678.760, 681.320, 682.047, 682.216, 685.100,
686.420, 688.650, 689.275, 691.465, 692.160, 696.530, 704.020,
726.125, 835.106 and 837.020 and section 1, chapter 73, Oregon
Laws 2005, by sections 1 to 59 and 62 of this 2007 Act and the
repeal of sections 2 and 3, chapter 73, Oregon Laws 2005, by
section 60 of this 2007 Act become operative on January 1,
2008. + }
' { + SECTION 75. + } { + 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 on its passage. + } ' .
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