74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 70
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Secretary of State Bill
Bradbury)
CHAPTER ................
AN ACT
Relating to audits by Secretary of State; creating new
provisions; amending ORS 182.464, 182.472, 285A.277, 297.210
and 406.085; repealing ORS 206.320; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 182.464 is amended to read:
182.464. { - ORS 182.456 to 182.472 do not affect the duty
and authority of the Secretary of State to audit public
accounts. - } The Secretary of State shall enter into agreements
with each of the boards to set appropriate { - audit - }
{ + financial review + } schedules for those boards. The
{ - audit schedule - } { + financial review schedules + }
shall be set to allow board compliance with ORS 182.472. In lieu
of conducting { - an audit - } { + a financial review + },
the Secretary of State may elect to { - accept the report
of - } { + contract for the financial review with, or accept a
financial review conducted by, + } an independent certified
public accountant.
SECTION 2. ORS 182.472 is amended to read:
182.472. Not later than January 1 of each even-numbered year,
each board subject to ORS 182.456 to 182.472 shall submit a
report to the Governor, the President of the Senate, the Speaker
of the House of Representatives and the Legislative Fiscal
Officer. The Legislative Fiscal Officer shall review the reports
and shall prepare and submit a statement of findings and
conclusions to the Joint Legislative Audit Committee. The report
must include the following:
(1) A copy of the most recent audit { + or financial
review + } of the board.
(2) A copy of the actual budget for the prior biennium and a
copy of the board's adopted budget for the biennium in which the
report is made. The budget documents must show:
(a) The beginning balance and ending balance for each of the
two biennia;
(b) A description of material changes between the two biennia;
(c) A description of the public hearing process used to
establish the budget adopted for the current biennium; and
Enrolled Senate Bill 70 (SB 70-A) Page 1
(d) A description of current fees and proposed changes to fees,
along with information supporting the amounts of the current fees
and any proposed changes to the fees.
(3) A description of all temporary and permanent rules adopted
by the board since the last report was submitted.
(4) A description of board actions promoting consumer
protection that were taken since the last report was submitted.
(5) If the board issues licenses, a description of the board's
licensing activities performed since the last report that is
adequate to allow evaluation of the board's performance of its
licensing responsibilities, including:
(a) The number of license applications;
(b) The number of licenses issued;
(c) The number of examinations conducted;
(d) The average time between application for and issuance of
licenses;
(e) The number and types of complaints received about persons
holding licenses;
(f) The number and types of investigations conducted;
(g) The number and types of resolutions of complaints;
(h) The number and type of sanctions imposed; and
(i) The number of days between beginning an investigation and
reaching a resolution.
(6) A description of all other actions taken since the last
report in the performance of the board's statutory
responsibilities that is adequate to allow evaluation of the
board's performance.
SECTION 3. ORS 297.210 is amended to read:
297.210. (1) The Secretary of State, as State Auditor, shall
have the accounts and financial affairs of state departments,
boards, commissions, institutions and state-aided institutions
and agencies of the state reviewed or audited as the Secretary of
State considers advisable or necessary. The Secretary of State
may subpoena witnesses, require the production of books and
papers and rendering of reports in such manner and form as the
Secretary of State requires and may do all things necessary to
secure a full and thorough investigation. The Secretary of State
shall report, in writing, to the Governor. The report shall
include a copy of the report on each audit.
{ - (2) An audit or review shall be made of any institution
or department of the state government at any time the executive
head of the institution or department, for any reason, retires
from the head's office or position. - }
{ + (2) The Secretary of State may audit or review any
institution or department of the state government at any time the
executive head of the institution or department, for any reason,
retires from the head's office or position. The secretary need
not conduct an audit or review under this subsection if:
(a) The institution or department has been the subject of an
audit or review of financial controls within the six months
immediately preceding the retirement of the executive head of the
institution or department; or
(b) The secretary has not received a report within the 12
months immediately preceding the retirement of the executive head
of the institution or department indicating that the executive
head of the institution or department was unable or unwilling to
follow state law, rules, policies or procedures. + }
(3) The Secretary of State shall employ auditors upon such
terms and for such compensation as the Secretary of State
determines are advantageous and advisable.
Enrolled Senate Bill 70 (SB 70-A) Page 2
(4) If a person fails to comply with any subpoena issued under
subsection (1) of this section, a judge of the circuit court of
any county, on application of the Secretary of State, shall
compel obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from the
circuit court.
SECTION 4. ORS 406.085 is amended to read:
406.085. The Conservatorship Revolving Account is created,
separate and distinct from the General Fund, to provide for
disbursement of funds for the beneficiary. Funds may also be
disbursed from the Conservatorship Revolving Account to the
Conservatorship Services Account in compensation for claims
arising under ORS 406.100. The Conservatorship Revolving Account
shall consist of all money received by the Department of
Veterans' Affairs as conservator or personal representative
herein. Disbursement from the account shall be made by the
department { - , and the Secretary of State shall post audit all
the disbursements - } . Interest earned by the account shall be
credited to the account.
SECTION 5. ORS 285A.277 is amended to read:
285A.277. { - ORS 285A.255 to 285A.288 do not affect the duty
and authority of the Secretary of State to audit public
accounts. - } The Secretary of State shall enter into agreements
with the Oregon Tourism Commission to set an appropriate
{ - audit - } { + financial review + } schedule for the
commission. In lieu of conducting { - an audit - } { + a
financial review + }, the Secretary of State may elect to
{ - accept the report of - } { + contract for the financial
review with, or accept a financial review conducted by, + } an
independent certified public accountant.
SECTION 6. { + ORS 206.320 is repealed. + }
SECTION 7. { + (1) The amendments to ORS 182.464 and 182.472
by sections 1 and 2 of this 2007 Act apply to financial review
schedules for financial reviews to be included in reports to be
submitted to the Governor and the Legislative Assembly not later
than the date on which the Seventy-fifth Legislative Assembly
convenes.
(2) The amendments to ORS 297.210 by section 3 of this 2007 Act
apply to audits or reviews required to be made of an institution
or department of state government when the executive head of the
institution or department retires on or after the effective date
of this 2007 Act.
(3) The amendments to ORS 406.085 by section 4 of this 2007 Act
apply to disbursements made from the Conservatorship Revolving
Account on or after the effective date of this 2007 Act.
(4) The repeal of ORS 206.320 by section 6 of this 2007 Act
applies to services performed by a sheriff on behalf of the state
on or after the effective date of this 2007 Act. + }
SECTION 8. { + 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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Enrolled Senate Bill 70 (SB 70-A) Page 3
Passed by Senate March 5, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 7, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 70 (SB 70-A) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 70 (SB 70-A) Page 5