74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 83
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 Senate Interim Committee on
Judiciary for Office of Legislative Counsel)
CHAPTER ................
AN ACT
Relating to terminology describing persons; creating new
provisions; and amending ORS 1.310, 3.260, 3.408, 10.030,
10.115, 21.010, 30.262, 30.475, 30.480, 40.272, 40.460, 45.285,
45.288, 45.291, 67.055, 87.512, 87.527, 87.603, 93.270,
107.500, 109.322, 116.253, 124.005, 124.010, 124.015, 124.020,
124.024, 124.050, 124.100, 125.005, 130.005, 133.055, 133.515,
135.703, 144.226, 167.352, 169.750, 174.107, 176.050, 179.325,
179.450, 179.473, 179.478, 179.485, 181.550, 181.642, 182.109,
185.110, 185.140, 185.225, 192.630, 194.578, 197.663, 206.315,
236.010, 238.350, 254.435, 267.240, 276.594, 276.595, 279.835,
279.840, 279.845, 279.850, 279.855, 279A.025, 279A.050,
279C.335, 285B.746, 285B.755, 289.005, 307.130, 310.155,
311.666, 311.668, 311.679, 311.687, 311.795, 311.796, 315.262,
316.099, 316.752, 316.758, 316.765, 323.455, 327.013, 327.023,
327.348, 336.790, 339.035, 339.137, 339.240, 339.252, 341.937,
342.120, 342.360, 343.035, 343.155, 343.165, 343.193, 343.224,
343.600, 344.511, 344.530, 344.550, 344.720, 344.735, 346.010,
346.015, 346.035, 346.070, 346.110, 346.120, 346.130, 346.160,
346.165, 346.169, 346.170, 346.180, 346.190, 346.210, 346.220,
346.250, 346.260, 346.290, 346.510, 346.520, 346.540, 346.565,
346.570, 346.610, 346.620, 346.630, 346.640, 346.650, 346.660,
346.680, 346.685, 346.687, 346.690, 348.270, 352.015, 353.070,
353.130, 353.210, 358.543, 366.486, 366.487, 391.815, 391.820,
391.830, 401.395, 401.710, 401.773, 408.570, 409.010, 409.610,
410.010, 410.020, 410.030, 410.040, 410.060, 410.070, 410.100,
410.210, 410.230, 410.270, 410.290, 410.295, 410.320, 410.490,
410.495, 410.600, 410.602, 410.604, 410.608, 410.715, 410.730,
410.732, 410.740, 410.851, 411.704, 411.706, 411.708, 414.025,
414.105, 414.211, 414.424, 414.708, 414.710, 418.015, 418.032,
418.205, 419B.504, 420.500, 420.505, 421.084, 426.005, 426.180,
426.220, 426.330, 426.490, 426.495, 426.500, 426.502, 426.504,
426.506, 426.508, 426.650, 427.005, 427.007, 427.010, 427.041,
427.051, 427.205, 427.330, 427.335, 428.205, 428.270, 430.010,
430.021, 430.050, 430.610, 430.625, 430.630, 430.640, 430.665,
430.685, 430.695, 430.705, 430.735, 430.737, 431.180, 437.030,
441.137, 441.525, 442.015, 442.502, 442.700, 443.400, 443.410,
443.452, 443.480, 443.485, 443.715, 443.720, 444.010, 444.020,
444.030, 444.120, 454.657, 455.720, 456.515, 456.539, 456.541,
456.543, 456.559, 457.095, 458.215, 458.515, 458.610, 458.625,
458.650, 458.655, 471.752, 476.730, 479.250, 479.255, 479.297,
Enrolled Senate Bill 83 (SB 83-A) Page 1
480.225, 480.315, 497.121, 498.136, 498.170, 609.100, 646.482,
653.030, 653.269, 655.515, 656.033, 656.628, 657A.120, 658.019,
659A.100, 659A.103, 659A.112, 659A.115, 659A.118, 659A.130,
659A.133, 659A.136, 659A.142, 659A.145, 675.583, 675.785,
677.010, 677.415, 677.615, 677.625, 677.635, 680.205, 681.220,
682.025, 682.027, 682.035, 682.204, 683.120, 689.342, 689.344,
689.346, 701.525, 735.720, 742.518, 746.015, 801.115, 801.120,
801.235, 802.500, 803.030, 803.305, 807.070, 807.700, 811.035,
811.602, 811.604, 811.606, 811.607, 811.609, 811.611, 811.615,
811.617, 811.625, 811.630, 811.632, 811.635, 811.637, 813.270,
814.110, 814.120, 814.528, 815.110, 815.300, 820.210, 820.220,
822.105 and 825.017 and sections 9, 10, 11, 12 and 14, chapter
290, Oregon Laws 1987, section 15, chapter 736, Oregon Laws
2003, and section 2, chapter 204, Oregon Laws 2005, and ORCP 34
G.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 1.310 is amended to read:
1.310. (1) As used in this section:
(a) 'Judge' includes any judge of the Supreme Court, the Court
of Appeals, the Oregon Tax Court, or of any circuit court, of the
State of Oregon.
(b) 'Subject judge' means any judge whose alleged disability is
involved in proceedings under this section.
(c) { - ' Disabled' - } { + ' Disability' + } means
{ - so incapacitated physically or mentally as - }
{ + physical or mental incapacitation of such a degree as to
cause a judge + } to be unable to discharge the duties of
judicial office.
(d) 'Chief Justice' means the Chief Justice of the Supreme
Court of Oregon; except that, if the Chief Justice is the subject
judge, then the term 'Chief Justice' means the one of the
remaining judges of the Supreme Court who has served the longest
period of time as a judge of that court.
(2) Any judge who becomes disabled may be retired in the manner
provided in this section. The Governor, the Chief Justice, the
Judicial Conference or the Board of Governors of the Oregon State
Bar may file at any time with the Secretary of State a written
request for an investigation to determine whether a judge named
in such request { - is disabled - } { + has a disability + }.
Upon receipt of such request, the Secretary of State shall
transmit to the subject judge a certified copy of such request,
with a notice to the effect that, unless such judge files a
resignation within 45 days after the date of the notice, an
investigation will be made to determine whether the judge
{ - is disabled - } { + has a disability + }. Such certified
copy and notice shall be served on the subject judge, either by
delivering them to the judge in person or by transmitting them by
registered mail or by certified mail with return receipt to the
judge at the last residence address of the judge as shown in the
records of the Secretary of State.
(3) If the subject judge fails to file a resignation within 45
days after the date of the notice, the Secretary of State, within
10 days after the expiration of that period, shall transmit to
the Commission on Judicial Fitness and Disability certified
copies of the request and notice, with a certificate to the
effect:
Enrolled Senate Bill 83 (SB 83-A) Page 2
(a) That the Secretary of State had served the notice and copy
of the request on the subject judge as provided in subsection (2)
of this section; and
(b) That the judge had not filed a resignation.
(4) Upon receipt of the certified copies and certificate
referred to in subsection (3) of this section, the commission
shall make the requested investigation and, after hearing,
determine whether the subject judge { - is disabled - } { +
has a disability + }. The commission shall prepare an official
record which shall include the testimony taken and the exhibits
considered. If the subject judge refuses or is unable to attend,
the commission may proceed with the hearing in the absence of the
judge.
(5) If a majority of the members of the commission shall
determine that the subject judge { - is - } in fact
{ - disabled - } { + has a disability + }, they shall make and
sign written findings of fact upon which the determination is
made and transmit them to the Secretary of State. If no appeal is
filed, the office of such judge shall become vacant 10 days after
the filing of such findings; and thereupon the Secretary of State
shall certify to the Governor the existence of such vacancy. If a
majority of the members of the commission do not find that the
subject judge { - is disabled - } { + has a disability + },
they shall sign and file with the Secretary of State a written
report to that effect, and thereupon the proceeding shall
terminate.
(6) The commission may prescribe rules of procedure for the
conduct of the investigation and fix the time and place of the
hearing, giving the subject judge due notice thereof. The fees
and mileage allowance of witnesses, including experts, shall be
fixed by the commission.
(7) No judge retired under the provisions of this section shall
be appointed as judge pro tempore to serve upon any court of the
State of Oregon.
(8) The subject judge may appeal to the Supreme Court from a
determination by the commission that the judge { - is
disabled - } { + has a disability + }, by filing a notice with
the Secretary of State within 10 days after the date of filing of
the written findings of fact by the commission. The Secretary of
State shall thereupon notify the commission and the Chief
Justice. The commission shall forthwith transmit the official
record to the Supreme Court, which upon receipt of such record
shall have full jurisdiction of the proceeding.
(9) The Supreme Court shall review the proceeding de novo on
the record with authority to affirm, reverse or annul the
determination. Prior to such final determination, remand may also
be made to the commission for additional findings of fact. In the
event that the Supreme Court reverses or annuls the determination
of the commission, the proceeding shall thereupon terminate and
notice to that effect shall be filed with the Secretary of State.
If the determination of the commission is affirmed, a decision to
that effect shall be filed with the Secretary of State and the
office of the subject judge shall forthwith become vacant.
Thereupon, the Secretary of State shall certify to the Governor
the existence of such vacancy.
SECTION 2. ORS 3.260 is amended to read:
3.260. (1) The circuit courts and the judges thereof shall
exercise all juvenile court jurisdiction, authority, powers,
functions and duties.
Enrolled Senate Bill 83 (SB 83-A) Page 3
(2) Pursuant to ORS 3.275, in addition to any other
jurisdiction vested in it by law, the circuit court shall
exercise exclusive and original judicial jurisdiction, authority,
powers, functions, and duties in the judicial district in any or
all of the following matters that on the date specified in the
order entered under ORS 3.275 are not within the jurisdiction of
the circuit court:
(a) Adoption.
(b) Change of name under ORS 33.410.
(c) Filiation.
(d) Commitment of { - the mentally ill or mentally
deficient - } { + persons with mental illness or mental
retardation + }.
(e) Any suit or civil proceeding involving custody or other
disposition of a child or the support thereof or the support of a
spouse, including enforcement of the Uniform Reciprocal
Enforcement of Support Act and enforcement of out-of-state or
foreign judgments and decrees on domestic relations.
(f) Waivers of the three-day waiting period before a marriage
license becomes effective under ORS 106.077.
(g) Issuance of delayed birth certificate.
SECTION 3. ORS 3.408 is amended to read:
3.408. (1) The presiding judge of the judicial district may
assign to a family court department established under ORS 3.405
all of the following matters:
(a) Proceedings under the provisions of ORS chapters 107, 108,
109 and 110;
(b) Proceedings under the provisions of ORS chapter 25;
(c) Guardianship proceedings for minors under the provisions of
ORS chapter 125;
(d) Juvenile court proceedings under ORS chapters 419A, 419B
and 419C;
(e) Proceedings to commit a { - mentally ill - } person
{ + with a mental illness + } under the provisions of ORS
chapter 426 and ORS 430.397 to 430.401;
(f) Probate proceedings under ORS chapters 111, 112, 113, 114,
115, 116 and 117; and
(g) Any other proceeding in which a family is involved.
(2) In addition to the matters specified in subsection (1) of
this section, the presiding judge of the judicial district may
assign to a family court department any criminal proceeding that
involves domestic violence or other crime between family members.
SECTION 4. ORS 10.030 is amended to read:
10.030. (1) Except as otherwise specifically provided by
statute, the opportunity for jury service shall not be denied or
limited on the basis of race, national origin, gender, age,
religious belief, income, occupation or any other factor that
discriminates against a cognizable group in this state.
(2) Any person is eligible to act as a juror in a civil trial
unless the person:
(a) Is not a citizen of the United States;
(b) Does not live in the county in which summoned for jury
service;
(c) Is less than 18 years of age; or
(d) Has had rights and privileges withdrawn and not restored
under ORS 137.281.
(3)(a) Any person is eligible to act as a juror in a criminal
trial, beginning on or after December 5, 1996, unless the person:
(A) Is not a citizen of the United States;
Enrolled Senate Bill 83 (SB 83-A) Page 4
(B) Does not live in the county in which summoned for jury
service;
(C) Is less than 18 years of age;
(D) Has had rights and privileges withdrawn and not restored
under ORS 137.281; or
(E) Has been convicted of a felony or served a felony sentence
within the prior 15 years.
(b) As used in this subsection:
(A) 'Felony sentence' includes any incarceration, post-prison
supervision, parole or probation imposed upon conviction of a
felony or served as a result of conviction of a felony.
(B) 'Has been convicted of a felony' has the meaning given that
term in ORS 166.270.
(4) A person who is blind, { + hard of + } hearing or speech
impaired or { - physically disabled - } { + who has a
physical disability + } shall not be ineligible to act as a juror
or be excluded from a jury list or jury service on the basis of
blindness, hearing or speech impairment or physical disability
alone.
(5) No person is eligible to act as a juror in any circuit
court of this state within 24 months after being discharged from
jury service in a federal court in this state or circuit court of
this state unless that person's service as a juror is required
because of a need for additional jurors.
(6) In addition to the disqualifications listed in subsection
(2) of this section, a person is ineligible to act as a juror on
a grand jury if the person has been convicted of a felony, other
than a felony traffic offense, or has served a felony sentence,
other than a sentence for a felony traffic offense, within the
prior 15 years. As used in this subsection, 'conviction' means an
adjudication of guilt upon a verdict or finding entered in a
criminal proceeding in a court of competent jurisdiction.
SECTION 5. ORCP 34 G is amended to read:
G Procedure. The motion for substitution may be made by any
party, or by the successors in interest or representatives of the
deceased { + party + } or { - disabled - } { + the + }
party { + with a disability + }, or the successors in interest
of the transferor and shall be served on the parties as provided
in Rule 9 and upon persons not parties in the manner provided in
Rule 7 for the service of a summons.
SECTION 6. ORS 10.115 is amended to read:
10.115. (1) As used in this section:
(a) 'Assistive communication device' means any equipment
designed to facilitate communication by a { - disabled - }
person { + with a disability + }.
(b) { - ' Disabled juror' - } { + ' Juror with a
disability' + } means a person who is { + hard of + } hearing or
speech impaired, who is summoned to serve as a juror and whose
name is drawn for grand jury or trial jury service.
(c) 'Qualified interpreter' means a person who is readily able
to communicate with a { - disabled - } juror { + with a
disability + }, accurately communicate the proceedings to the
juror and accurately repeat the statements of the juror.
(2) The court to which a { - disabled - } juror { + with a
disability + } is summoned, upon written request by the juror and
upon a finding by the court that the juror requires the services
of a qualified interpreter or the use of an assistive
communication device in examination of the juror as to the
juror's qualifications to act as a juror or in performance by the
juror of the functions of a juror, shall appoint a qualified
Enrolled Senate Bill 83 (SB 83-A) Page 5
interpreter for the juror and shall fix the compensation and
expenses of the interpreter and shall provide an appropriate
assistive communication device if needed. The compensation and
expenses of an interpreter so appointed and the cost of any
assistive communication device shall be paid by the public
authority required to pay the fees due to the juror.
(3) An oath or affirmation shall be administered to a qualified
interpreter appointed for a { - disabled - } juror { + with a
disability + }, in substance that the interpreter will accurately
communicate the proceedings to the juror and accurately repeat
the statements of the juror.
(4) Except as provided in subsection (5) of this section, a
qualified interpreter appointed for a { - disabled - } juror
{ + with a disability + } shall be present during deliberations
by the jury on which the juror serves. The interpreter
{ - shall - } { + may + } not participate in the jury
deliberations in any manner except to facilitate communication
between the { - disabled - } juror { + with a disability + }
and the other jurors or other persons with whom the jurors may
communicate, and the court shall so instruct the jury and the
interpreter.
(5) When a { - disabled - } juror { + with a disability + }
serves on a trial jury { + , + } each party to the proceeding
shall stipulate to the presence of the qualified interpreter
appointed for the juror during jury deliberations { - , - } and
shall prepare and deliver to the court proposed instructions in
respect to the interpreter.
SECTION 7. ORS 21.010, as amended by section 3, chapter 702,
Oregon Laws 2005, and section 33, chapter 843, Oregon Laws 2005,
is amended to read:
21.010. (1) Except as provided in subsection (2) of this
section, the appellant in an appeal or the petitioner in a
judicial review in the Supreme Court or the Court of Appeals
shall pay a filing fee of $154 in the manner prescribed by ORS
19.265. The respondent in such case and any other person
appearing in the appeal, upon entering first appearance or filing
first brief in the court, shall pay to the State Court
Administrator the sum of $105. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid.
(2) Filing and appearance fees { - shall - } { + may + }
not be assessed in appeals from habeas corpus proceedings under
ORS 34.710, post-conviction relief proceedings under ORS 138.650,
juvenile court under ORS 419A.200 and the involuntary commitment
of
{ - allegedly mentally ill - } persons { + determined to be
mentally ill + } under ORS 426.135 or { - allegedly mentally
retarded - } persons { + determined to be mentally
retarded + } under ORS 427.295, or on judicial review of orders
of the Psychiatric Security Review Board under ORS 161.385 (9) or
orders of the State Board of Parole and Post-Prison Supervision.
(3) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(4) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
Enrolled Senate Bill 83 (SB 83-A) Page 6
SECTION 8. ORS 30.262 is amended to read:
30.262. (1) The following facilities and training homes are
public bodies for the purposes of ORS 30.260 to 30.300:
(a) A nonprofit residential training facility as defined in ORS
443.400, nonprofit residential training home as defined in ORS
443.400 or nonprofit facility as defined in ORS 427.005,
organized and existing under ORS chapter 65, that receives more
than 50 percent of its funding from the state or a political
subdivision of the state for the purpose of providing residential
or vocational services to { - mentally retarded or
developmentally disabled - } individuals { + with mental
retardation or developmental disabilities + }.
(b) A nonprofit residential training facility as defined in ORS
443.400, nonprofit residential training home as defined in ORS
443.400 or nonprofit facility as defined in ORS 427.005,
organized and existing under ORS chapter 65, that receives less
than 50 percent of its funding from the state or a political
subdivision of the state but that provides residential or
vocational services to { - mentally retarded or developmentally
disabled - } individuals { + with mental retardation or
developmental disabilities + }, more than half of whom are
eligible for funding for services by the Department of Human
Services under criteria established by the department.
(2) The provisions of this section apply only to a nonprofit
residential training facility, nonprofit residential training
home or nonprofit facility that provides services to
{ - mentally retarded or developmentally disabled - }
individuals { + with mental retardation or developmental
disabilities + } under a contract with:
(a) The Department of Human Services; or
(b) A community mental health and developmental disabilities
program established pursuant to ORS 430.620.
SECTION 9. ORS 30.475 is amended to read:
30.475. In enacting ORS 30.480 and 30.485, the Legislative
Assembly of the State of Oregon declares:
(1) That many { - disabled - } persons { + with
disabilities + } and older persons, due to disability or age,
cannot obtain medical, educational, recreational or other
important services or benefits, or pursue daily life activities
outside the home, such as shopping or socializing, without
transportation and other necessary assistance;
(2) That public resources are not adequate to provide
dependable transportation to { - disabled - } persons
{ + with disabilities + } and older persons, and that it is in
the best interest of this state to encourage volunteers to
provide transportation services to Oregon's { - disabled - }
people { + with disabilities + } and older people;
(3) That the threat or fear of personal liability arising from
the provision of transportation services to { - disabled - }
persons { + with disabilities + } and older persons seriously
discourages individuals from providing services on a volunteer
basis;
(4) That the policy of this state is to encourage volunteers to
provide such transportation services; and
(5) That, therefore, persons who qualify under ORS 30.480 must
be protected from the threat of unlimited personal liability
arising from the provision of volunteer transportation services,
and that ORS 30.475 to 30.485 shall be liberally construed in
favor of such persons in order to promote fully the foregoing
policies.
Enrolled Senate Bill 83 (SB 83-A) Page 7
SECTION 10. ORS 30.480 is amended to read:
30.480. (1) When a provider of volunteer transportation
services who is qualified under subsection (3) of this section
provides the services under the conditions described in
subsection (4) of this section to a person { - who is disabled
or - } { + with a disability or a person + } who is 55 years of
age or older, the liability of the provider to the person for
injury, death or loss arising out of the volunteer transportation
services shall be limited as provided in this section. When
volunteer transportation services are provided to five or fewer
persons at one time, the liability of the provider of the
volunteer transportation services shall not exceed the greater of
the amount of coverage under the terms of the provider's motor
vehicle liability insurance policy, as described in ORS 806.080,
or the amounts specified in ORS 806.070 for future responsibility
payments for:
(a) Bodily injury to or death of any one person to whom the
transportation services are provided, in any one accident.
(b) Bodily injury to or death of two or more persons to whom
the transportation services are provided, in any one accident.
(c) Injury to or destruction of the property of one or more
persons to whom the transportation services are provided, in any
one accident.
(2) Notwithstanding the amount specified in subsection (1)(b)
of this section by reference to ORS 806.070, if a qualified
provider of transportation services provides the services to more
than five persons, but not more than 16, at one time who
{ - are disabled - } { + have disabilities + } or who are 55
years of age or older, under the conditions described in
subsection (4) of this section, the liability under subsection
(1)(b) of this section shall not exceed the greater of the amount
of coverage under the terms of the provider's motor vehicle
liability insurance policy or $300,000. The limitations on
liability provided by ORS 30.475, 30.480 and 30.485 do not apply
when volunteer transportation services are provided to 17 or more
persons at one time who { - are disabled - } { + have
disabilities + } or who are 55 years of age or older.
(3) The following persons qualify for the limitation on
liability under subsections (1) and (2) of this section:
(a) The person who provides or sponsors transportation
services.
(b) The owner of the vehicle in which transportation services
are provided.
(c) The person who operates the vehicle in which transportation
services are provided.
(4) The limitation on liability under subsections (1) and (2)
of this section applies to a person qualified under subsection
(3) of this section only under the following conditions:
(a) If the person is an individual, the individual must hold a
valid Oregon driver's license.
(b) The person must provide the transportation services on a
nonprofit and voluntary basis. However, this paragraph does not
prohibit a sponsor of transportation services from reimbursing an
operator of a private motor vehicle providing the services for
actual expenses incurred by the operator. If an operator is paid,
that operator is qualified only if operating as an emergency
operator.
(c) The person providing the transportation services must not
receive from the persons using the services any substantial
benefit in a material or business sense that is a substantial
Enrolled Senate Bill 83 (SB 83-A) Page 8
motivating factor for the transportation. A contribution or
donation to the provider of the transportation services other
than the operator of the motor vehicle or any mere gratuity or
social amenity shall not be a substantial benefit under this
paragraph.
(d) Except as provided in paragraph (c) of this subsection, the
transportation services must be provided without charge to the
person using the services.
(5) The amounts received by a person { - who is disabled
or - } { + with a disability or a person + } 55 years of age or
older under the personal injury protection provisions of the
insurance coverage of a person who qualifies for the limitation
on liability under this section shall not reduce the amount that
the person may recover under subsection (1) or (2) of this
section.
(6) The liability of two or more persons whose liability is
limited under this section, on claims arising out of a single
accident, shall not exceed in the aggregate the amounts limited
by subsection (1) or (2) of this section.
(7) This section does not apply in the case of an accident or
injury if the accident or injury was intentional on the part of
any person who provided the transportation services or if the
accident or injury was caused by the person's gross negligence or
intoxication. For purposes of this subsection, gross negligence
is negligence which is materially greater than the mere absence
of reasonable care under the circumstances, and which is
characterized by conscious indifference to or reckless disregard
of the rights of others.
(8) For purposes of this section, a person { - is
disabled - } { + has a disability + } if the person has a
physical or mental disability that for the person constitutes or
results in a functional limitation to one or more of the
following activities: Self-care, ambulation, communication,
transportation, education, socialization or employment.
SECTION 11. ORS 40.272 is amended to read:
40.272. (1) As used in this section:
(a) { - ' Disabled person' - } { + ' Person with a
disability' + } means a person who cannot readily understand or
communicate the spoken English language, or cannot understand
proceedings in which the person is involved, because of deafness
or because of a physical hearing impairment or cannot communicate
in the proceedings because of a physical speaking impairment.
(b) 'Sign language interpreter' or 'interpreter' means a person
who translates conversations or other communications for a
{ - disabled - } person { + with a disability + } or
translates the statements of a { - disabled - } person
{ + with a disability + }.
(2) A { - disabled - } person { + with a disability + } has
a privilege to refuse to disclose and to prevent a sign language
interpreter from disclosing any communications to which the
{ - disabled - } person { + with a disability + } was a party
that were made while the interpreter was providing interpretation
services for the { - disabled - } person { + with a
disability + }. The privilege created by this section extends
only to those communications between a { - disabled - } person
{ + with a disability + } and another, and translated by the
interpreter, that would otherwise be privileged under ORS 40.225
to 40.295.
SECTION 12. ORS 40.460 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 9
40.460. The following are not excluded by ORS 40.455, even
though the declarant is available as a witness:
(1) (Reserved.)
(2) A statement relating to a startling event or condition made
while the declarant was under the stress of excitement caused by
the event or condition.
(3) A statement of the declarant's then existing state of mind,
emotion, sensation or physical condition, such as intent, plan,
motive, design, mental feeling, pain or bodily health, but not
including a statement of memory or belief to prove the fact
remembered or believed unless it relates to the execution,
revocation, identification, or terms of the declarant's will.
(4) Statements made for purposes of medical diagnosis or
treatment and describing medical history, or past or present
symptoms, pain or sensations, or the inception or general
character of the cause of external source thereof insofar as
reasonably pertinent to diagnosis or treatment.
(5) A memorandum or record concerning a matter about which a
witness once had knowledge but now has insufficient recollection
to enable the witness to testify fully and accurately, shown to
have been made or adopted by the witness when the matter was
fresh in the memory of the witness and to reflect that knowledge
correctly. If admitted, the memorandum or record may be read into
evidence but may not itself be received as an exhibit unless
offered by an adverse party.
(6) A memorandum, report, record, or data compilation, in any
form, of acts, events, conditions, opinions, or diagnoses, made
at or near the time by, or from information transmitted by, a
person with knowledge, if kept in the course of a regularly
conducted business activity, and if it was the regular practice
of that business activity to make the memorandum, report, record,
or data compilation, all as shown by the testimony of the
custodian or other qualified witness, unless the source of
information or the method of circumstances of preparation
indicate lack of trustworthiness. The term 'business' as used in
this subsection includes business, institution, association,
profession, occupation, and calling of every kind, whether or not
conducted for profit.
(7) Evidence that a matter is not included in the memoranda,
reports, records, or data compilations, and in any form, kept in
accordance with the provisions of subsection (6) of this section,
to prove the nonoccurrence or nonexistence of the matter, if the
matter was of a kind of which a memorandum, report, record, or
data compilation was regularly made and preserved, unless the
sources of information or other circumstances indicate lack of
trustworthiness.
(8) Records, reports, statements, or data compilations, in any
form, of public offices or agencies, setting forth:
(a) The activities of the office or agency;
(b) Matters observed pursuant to duty imposed by law as to
which matters there was a duty to report, excluding however, in
criminal cases matters observed by police officers and other law
enforcement personnel; or
(c) In civil actions and proceedings and against the government
in criminal cases, factual findings, resulting from an
investigation made pursuant to authority granted by law, unless
the sources of information or other circumstances indicate lack
of trustworthiness.
Enrolled Senate Bill 83 (SB 83-A) Page 10
(9) Records or data compilations, in any form, of births, fetal
deaths, deaths or marriages, if the report thereof was made to a
public office pursuant to requirements of law.
(10) To prove the absence of a record, report, statement, or
data compilation, in any form, or the nonoccurrence or
nonexistence of a matter of which a record, report, statement, or
data compilation, in any form, was regularly made and preserved
by a public office or agency, evidence in the form of a
certification in accordance with ORS 40.510, or testimony, that
diligent search failed to disclose the record, report, statement,
or data compilation, or entry.
(11) Statements of births, marriages, divorces, deaths,
legitimacy, ancestry, relationship by blood or marriage, or other
similar facts of personal or family history, contained in a
regularly kept record of a religious organization.
(12) A statement of fact contained in a certificate that the
maker performed a marriage or other ceremony or administered a
sacrament, made by a member of the clergy, public official, or
other person authorized by the rules or practices of a religious
organization or by law to perform the act certified, and
purporting to have been issued at the time of the act or within a
reasonable time thereafter.
(13) Statements of facts concerning personal or family history
contained in family bibles, genealogies, charts, engravings on
rings, inscriptions on family portraits, engravings on urns,
crypts, or tombstones, or the like.
(14) The record of a document purporting to establish or affect
an interest in property, as proof of content of the original
recorded document and its execution and delivery by each person
by whom it purports to have been executed, if the record is a
record of a public office and an applicable statute authorizes
the recording of documents of that kind in that office.
(15) A statement contained in a document purporting to
establish or affect an interest in property if the matter stated
was relevant to the purpose of the document, unless dealings with
the property since the document was made have been inconsistent
with the truth of the statement or the purport of the document.
(16) Statements in a document in existence 20 years or more the
authenticity of which is established.
(17) Market quotations, tabulations, lists, directories, or
other published compilations, generally used and relied upon by
the public or by persons in particular occupations.
(18) (Reserved.)
(18a)(a) A complaint of sexual misconduct, complaint of abuse
as defined in ORS 107.705 or 419B.005, complaint of abuse of an
elderly person, as those terms are defined in ORS 124.050, or a
complaint relating to a violation of ORS 163.205 or 164.015 in
which a person 65 years of age or older is the victim, made by
the witness after the commission of the alleged misconduct or
abuse at issue. Except as provided in paragraph (b) of this
subsection, such evidence must be confined to the fact that the
complaint was made.
(b) A statement made by a person concerning an act of abuse as
defined in ORS 107.705 or 419B.005, a statement made by a person
concerning an act of abuse of an elderly person, as those terms
are defined in ORS 124.050, or a statement made by a person
concerning a violation of ORS 163.205 or 164.015 in which a
person 65 years of age or older is the victim, is not excluded by
ORS 40.455 if the declarant either testifies at the proceeding
and is subject to cross-examination, or is unavailable as a
Enrolled Senate Bill 83 (SB 83-A) Page 11
witness but was chronologically or mentally under 12 years of age
when the statement was made or was 65 years of age or older when
the statement was made. However, if a declarant is unavailable,
the statement may be admitted in evidence only if the proponent
establishes that the time, content and circumstances of the
statement provide indicia of reliability, and in a criminal trial
that there is corroborative evidence of the act of abuse and of
the alleged perpetrator's opportunity to participate in the
conduct and that the statement possesses indicia of reliability
as is constitutionally required to be admitted. No statement may
be admitted under this paragraph unless the proponent of the
statement makes known to the adverse party the proponent's
intention to offer the statement and the particulars of the
statement no later than 15 days before trial, except for good
cause shown. For purposes of this paragraph, in addition to those
situations described in ORS 40.465 (1), the declarant shall be
considered 'unavailable' if the declarant has a substantial lack
of memory of the subject matter of the statement, is presently
incompetent to testify, is unable to communicate about the abuse
or sexual conduct because of fear or other similar reason or is
substantially likely, as established by expert testimony, to
suffer lasting severe emotional trauma from testifying. Unless
otherwise agreed by the parties, the court shall examine the
declarant in chambers and on the record or outside the presence
of the jury and on the record. The examination shall be conducted
immediately prior to the commencement of the trial in the
presence of the attorney and the legal guardian or other suitable
person as designated by the court. If the declarant is found to
be unavailable, the court shall then determine the admissibility
of the evidence. The determinations shall be appealable under ORS
138.060 (1)(c) or (2)(a). The purpose of the examination shall be
to aid the court in making its findings regarding the
availability of the declarant as a witness and the reliability of
the statement of the declarant. In determining whether a
statement possesses indicia of reliability under this paragraph,
the court may consider, but is not limited to, the following
factors:
(A) The personal knowledge of the declarant of the event;
(B) The age and maturity of the declarant or extent of
disability if the declarant is a person with { + a + }
developmental
{ - disabilities - } { + disability + };
(C) Certainty that the statement was made, including the
credibility of the person testifying about the statement and any
motive the person may have to falsify or distort the statement;
(D) Any apparent motive the declarant may have to falsify or
distort the event, including bias, corruption or coercion;
(E) The timing of the statement of the declarant;
(F) Whether more than one person heard the statement;
(G) Whether the declarant was suffering pain or distress when
making the statement;
(H) Whether the declarant's young age or disability makes it
unlikely that the declarant fabricated a statement that
represents a graphic, detailed account beyond the knowledge and
experience of the declarant;
(I) Whether the statement has internal consistency or coherence
and uses terminology appropriate to the declarant's age or to the
extent of the declarant's disability if the declarant is a person
with { + a + } developmental { - disabilities - } { +
disability + };
Enrolled Senate Bill 83 (SB 83-A) Page 12
(J) Whether the statement is spontaneous or directly responsive
to questions; and
(K) Whether the statement was elicited by leading questions.
(c) This subsection applies to all civil, criminal and juvenile
proceedings.
(d) This subsection applies to a child declarant, a declarant
who is an elderly person as defined in ORS 124.050 or an adult
declarant with { + a + } developmental { - disabilities - }
{ + disability + }. For the purposes of this subsection,
'developmental { - disabilities - } { + disability + } ' means
any disability attributable to mental retardation, autism,
cerebral palsy, epilepsy or other disabling neurological
condition that requires training or support similar to that
required by persons with mental retardation, if either of the
following apply:
(A) The disability originates before the person attains 22
years of age, or if the disability is attributable to mental
retardation the condition is manifested before the person attains
18 years of age, the disability can be expected to continue
indefinitely, and the disability constitutes a substantial
handicap to the ability of the person to function in society.
(B) The disability results in a significant subaverage general
intellectual functioning with concurrent deficits in adaptive
behavior that are manifested during the developmental period.
(19) Reputation among members of a person's family by blood,
adoption or marriage, or among a person's associates, or in the
community, concerning a person's birth, adoption, marriage,
divorce, death, legitimacy, relationship by blood or adoption or
marriage, ancestry, or other similar fact of a person's personal
or family history.
(20) Reputation in a community, arising before the controversy,
as to boundaries of or customs affecting lands in the community,
and reputation as to events of general history important to the
community or state or nation in which located.
(21) Reputation of a person's character among associates of the
person or in the community.
(22) Evidence of a final judgment, entered after a trial or
upon a plea of guilty, but not upon a plea of no contest,
adjudging a person guilty of a crime other than a traffic
offense, to prove any fact essential to sustain the judgment, but
not including, when offered by the government in a criminal
prosecution for purposes other than impeachment, judgments
against persons other than the accused. The pendency of an appeal
may be shown but does not affect admissibility.
(23) Judgments as proof of matters of personal, family or
general history, or boundaries, essential to the judgment, if the
same would be provable by evidence of reputation.
(24) Notwithstanding the limits contained in subsection (18a)
of this section, in any proceeding in which a child under 12
years of age at the time of trial, or a person with { + a + }
developmental
{ - disabilities - } { + disability + } as described in
subsection (18a)(d) of this section, may be called as a witness
to testify concerning an act of abuse, as defined in ORS
419B.005, or sexual conduct performed with or on the child or
person with { + a + } developmental
{ - disabilities - } { + disability + } by another, the
testimony of the child or person with { + a + } developmental
{ - disabilities - } { + disability + } taken by
contemporaneous examination and cross-examination in another
Enrolled Senate Bill 83 (SB 83-A) Page 13
place under the supervision of the trial judge and communicated
to the courtroom by closed-circuit television or other
audiovisual means. Testimony will be allowed as provided in this
subsection only if the court finds that there is a substantial
likelihood, established by expert testimony, that the child or
person with { + a + } developmental { - disabilities - }
{ + disability + } will suffer severe emotional or psychological
harm if required to testify in open court. If the court makes
such a finding, the court, on motion of a party, the child, the
person with { + a + } developmental { - disabilities - }
{ + disability + } or the court in a civil proceeding, or on
motion of the district attorney, the child or the person with
{ + a + } developmental
{ - disabilities - } { + disability + } in a criminal or
juvenile proceeding, may order that the testimony of the child or
the person with { + a + } developmental { - disabilities - }
{ + disability + } be taken as described in this subsection.
Only the judge, the attorneys for the parties, the parties,
individuals necessary to operate the equipment and any individual
the court finds would contribute to the welfare and well-being of
the child or person with { + a + } developmental
{ - disabilities - } { + disability + } may be present during
the testimony of the child or person with { + a + }
developmental { - disabilities - } { + disability + }.
(25)(a) Any document containing data prepared or recorded by
the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E),
or pursuant to ORS 475.235 (4), if the document is produced by
data retrieval from the Law Enforcement Data System or other
computer system maintained and operated by the Oregon State
Police, and the person retrieving the data attests that the
information was retrieved directly from the system and that the
document accurately reflects the data retrieved.
(b) Any document containing data prepared or recorded by the
Oregon State Police that is produced by data retrieval from the
Law Enforcement Data System or other computer system maintained
and operated by the Oregon State Police and that is
electronically transmitted through public or private computer
networks under an electronic signature adopted by the Oregon
State Police if the person receiving the data attests that the
document accurately reflects the data received.
(c) Notwithstanding any statute or rule to the contrary, in any
criminal case in which documents are introduced under the
provisions of this subsection, the defendant may subpoena the
analyst, as defined in ORS 475.235 (6), or other person that
generated or keeps the original document for the purpose of
testifying at the preliminary hearing and trial of the issue.
Except as provided in ORS 44.550 to 44.566, no charge shall be
made to the defendant for the appearance of the analyst or other
person.
(26)(a) A statement that purports to narrate, describe, report
or explain an incident of domestic violence, as defined in ORS
135.230, made by a victim of the domestic violence within 24
hours after the incident occurred, if the statement:
(A) Was recorded, either electronically or in writing, or was
made to a peace officer as defined in ORS 161.015, corrections
officer, youth correction officer, parole and probation officer,
emergency medical technician or firefighter; and
(B) Has sufficient indicia of reliability.
(b) In determining whether a statement has sufficient indicia
of reliability under paragraph (a) of this subsection, the court
Enrolled Senate Bill 83 (SB 83-A) Page 14
shall consider all circumstances surrounding the statement. The
court may consider, but is not limited to, the following factors
in determining whether a statement has sufficient indicia of
reliability:
(A) The personal knowledge of the declarant.
(B) Whether the statement is corroborated by evidence other
than statements that are subject to admission only pursuant to
this subsection.
(C) The timing of the statement.
(D) Whether the statement was elicited by leading questions.
(E) Subsequent statements made by the declarant. Recantation by
a declarant is not sufficient reason for denying admission of a
statement under this subsection in the absence of other factors
indicating unreliability.
(27) A report prepared by a forensic scientist that contains
the results of a presumptive test conducted by the forensic
scientist as described in ORS 475.235, if the forensic scientist
attests that the report accurately reflects the results of the
presumptive test.
(28)(a) A statement not specifically covered by any of the
foregoing exceptions but having equivalent circumstantial
guarantees of trustworthiness, if the court determines that:
(A) The statement is relevant;
(B) The statement is more probative on the point for which it
is offered than any other evidence that the proponent can procure
through reasonable efforts; and
(C) The general purposes of the Oregon Evidence Code and the
interests of justice will best be served by admission of the
statement into evidence.
(b) A statement may not be admitted under this subsection
unless the proponent of it makes known to the adverse party the
intention to offer the statement and the particulars of it,
including the name and address of the declarant, sufficiently in
advance of the trial or hearing, or as soon as practicable after
it becomes apparent that such statement is probative of the
issues at hand, to provide the adverse party with a fair
opportunity to prepare to meet it.
SECTION 13. ORS 45.285 is amended to read:
45.285. { + (1) For the purposes of this section:
(a) 'Assistive communication device' means any equipment
designed to facilitate communication by a person with a
disability.
(b) 'Hearing officer' includes an administrative law judge.
(c) 'Person with a disability' means a person who cannot
readily understand the proceedings because of deafness or a
physical hearing impairment, or cannot communicate in the
proceedings because of a physical speaking impairment.
(d) 'Qualified interpreter' means a person who is readily able
to communicate with the person with a disability, interpret the
proceedings and accurately repeat and interpret the statements of
the person with a disability to the court. + }
{ - (1) - } { + (2) + } In any civil action, adjudicatory
proceeding or criminal proceeding, including a court-ordered
deposition if no other person is responsible for providing an
interpreter, in which a { - disabled - } person { + with a
disability + } is a party or witness, the court, hearing officer
or the designee of the hearing officer shall appoint a qualified
interpreter and make available appropriate assistive
communication devices whenever it is necessary to interpret the
proceedings to the { - disabled - } person { + with a
Enrolled Senate Bill 83 (SB 83-A) Page 15
disability + }, or to interpret the testimony of the
{ - disabled - } person { + with a disability + }.
{ - (2) - } { + (3) + } No fee shall be charged to the
{ - disabled - } person { + with a disability + } for the
appointment of an interpreter or use of an assistive
communication device under this section. No fee shall be charged
to any person for the appointment of an interpreter or the use of
an assistive communication device if appointment or use is made
to determine whether the person { - is disabled - } { + has a
disability + } for the purposes of this section.
{ - (3) - } { + (4) + } Fair compensation for the services
of an interpreter or the cost of an assistive communication
device under this section shall be paid:
(a) By the county, subject to the approval of the terms of the
contract by the governing body of the county, in a proceeding in
a county or justice court.
(b) By the city, subject to the approval of the terms of the
contract by the governing body of the city, in a proceeding in a
municipal court.
(c) By the state in a proceeding in a circuit court. Amounts
payable by the state shall be from funds available to the court
other than the Public Defense Services Account established by ORS
151.225, except that fees of an interpreter necessary for the
purpose of communication between appointed counsel and a client
or witness in a criminal case shall be payable from that account.
(d) By the agency in an adjudicatory proceeding.
{ - (4) For the purposes of this section: - }
{ - (a) 'Assistive communication device' means any equipment
designed to facilitate communication by a disabled person. - }
{ - (b) 'Disabled person' means a person who cannot readily
understand the proceedings because of deafness or a physical
hearing impairment, or cannot communicate in the proceedings
because of a physical speaking impairment. - }
{ - (c) 'Hearing officer' includes an administrative law
judge. - }
{ - (d) 'Qualified interpreter' means a person who is readily
able to communicate with the disabled person, interpret the
proceedings and accurately repeat and interpret the statements of
the disabled person to the court. - }
SECTION 14. ORS 45.288 is amended to read:
45.288. { + (1) For the purposes of this section:
(a) 'Hearing officer' includes an administrative law judge.
(b) 'Non-English-speaking person' has the meaning given that
term in ORS 45.275.
(c) 'Person with a disability' has the meaning given that term
in ORS 45.285.
(d) 'Qualified interpreter' means a person who meets the
requirements of ORS 45.285 for an interpreter for a person with a
disability, or a person who meets the requirements of ORS 45.275
for an interpreter for a non-English-speaking person. + }
{ - (1) - } { + (2) + } Except as provided by this section,
whenever a court is required to appoint an interpreter for any
person in a proceeding before the court, or whenever a hearing
officer is required to appoint an interpreter in an adjudicatory
proceeding, the court, hearing officer or the designee of the
hearing officer shall appoint a qualified interpreter who has
been certified under ORS 45.291. If no certified interpreter is
available, able or willing to serve, the court, hearing officer
or the designee of the hearing officer shall appoint a qualified
interpreter. Upon request of a party or witness, the court,
Enrolled Senate Bill 83 (SB 83-A) Page 16
hearing officer or designee of the hearing officer, in the
discretion of the court, hearing officer or the designee of the
hearing officer, may appoint a qualified interpreter to act as an
interpreter in lieu of a certified interpreter in any case or
adjudicatory proceeding.
{ - (2) - } { + (3) + } The requirements of this section
apply to appointments of interpreters for { - disabled - }
persons { + with disabilities + } { - , as defined in ORS
45.285, - } and for non-English-speaking persons { - , as
defined in ORS 45.275 - } .
{ - (3) - } { + (4) + } The court, hearing officer or the
designee of the hearing officer may not appoint any person under
ORS 45.272 to 45.297 or 132.090 if:
(a) The person has a conflict of interest with any of the
parties or witnesses in the proceeding;
(b) The person is unable to understand the judge, hearing
officer, party or witness, or cannot be understood by the judge,
hearing officer, party or witness; or
(c) The person is unable to work cooperatively with the judge
of the court, the hearing officer, the person in need of an
interpreter or the counsel for that person.
{ - (4) - } { + (5) + } The Supreme Court shall adopt a
code of professional responsibility for interpreters. The code is
binding on all interpreters who provide interpreter services in
the courts or in adjudicatory proceedings before agencies.
{ - (5) For the purposes of this section: - }
{ - (a) 'Hearing officer' includes an administrative law
judge. - }
{ - (b) 'Qualified interpreter' means a person who meets the
requirements of ORS 45.285 for a disabled person, or a person who
meets the requirements of ORS 45.275 for a non-English-speaking
person. - }
SECTION 15. ORS 45.291 is amended to read:
45.291. (1) Subject to the availability of funding, the State
Court Administrator shall establish a program for the
certification of court interpreters. The program shall be
established by rules adopted pursuant to ORS 1.002 and shall
include, but not be limited to, provisions for:
(a) Prescribing the form and content of applications for
certification;
(b) Prescribing and collecting reasonable fees for the
application, examination, certification and renewal of
certification for court interpreters;
(c) Establishing categories of certificates based on the nature
of the interpreter services to be provided, including categories
for interpreters for { - disabled - } persons { + with
disabilities + }, as defined in ORS 45.285, and for interpreters
for non-English-speaking persons, as defined in ORS 45.275;
(d) Establishing minimum competency requirements for court
interpreters in the various categories of certification;
(e) Establishing teaching programs designed to educate court
interpreters in ethical, substantive and procedural legal issues;
(f) Prescribing the form of and administering examinations for
the purpose of testing court interpreters for competency and
ethics;
(g) Establishing grounds for renewal, suspension or
cancellation of certificates;
(h) Establishing a process for receiving comments and input
into the policy and procedures of the certification program;
Enrolled Senate Bill 83 (SB 83-A) Page 17
(i) Establishing a process for receiving comments and input on
compliance with ORS 45.272 to 45.297;
(j) Establishing a process for receiving comments and input on
compliance with the code of professional responsibility adopted
under ORS 45.288; and
(k) Establishing a process by which an adversely affected
interpreter may seek review of any decision made by the State
Court Administrator on renewal, suspension or cancellation of a
certificate.
(2) An interpreter may be certified in Oregon by the State
Court Administrator upon satisfactory proof that the interpreter
is certified in good standing by the federal courts or by a state
having a certification program that is equivalent to the program
established under this section.
SECTION 16. ORS 67.055 is amended to read:
67.055. (1) Except as otherwise provided in subsection (3) of
this section, the association of two or more persons to carry on
as co-owners a business for profit creates a partnership, whether
or not the persons intend to create a partnership.
(2) A partnership may be created under this chapter, a
predecessor statute or a comparable law of another jurisdiction.
(3) An association or entity created under a law other than the
laws described in subsection (2) of this section is not a
partnership.
(4) In determining whether a partnership is created, the
following rules apply:
(a) Factors indicating that persons have created a partnership
include:
(A) Their receipt of or right to receive a share of profits of
the business;
(B) Their expression of an intent to be partners in the
business;
(C) Their participation or right to participate in control of
the business;
(D) Their sharing or agreeing to share losses of the business
or liability for claims by third parties against the business;
and
(E) Their contributing or agreeing to contribute money or
property to the business.
(b) Joint tenancy, tenancy in common, tenancy by the
entireties, joint property, common property or part ownership
does not by itself create a partnership, even if the co-owners
share profits made by the use of the property.
(c) The sharing of gross returns does not by itself create a
partnership, even if the persons sharing them have a joint or
common right or interest in property from which the returns are
derived.
(d) It is a rebuttable presumption that a person who receives a
share of the profits of a business is a partner in the business,
unless the profits were received in payment of:
(A) A debt by installments or otherwise;
(B) Wages or other compensation to an employee or independent
contractor;
(C) Rent;
(D) Amounts owing to a former partner, a beneficiary,
representative or designee of a deceased { - or disabled - }
partner { + or a partner with a disability + }, or a transferee
of a partnership interest;
(E) Interest or other charge on a loan, whether or not the
amount of payment varies with the profits of the business, and
Enrolled Senate Bill 83 (SB 83-A) Page 18
whether or not the loan agreement or instrument includes a direct
or indirect present or future ownership interest in collateral or
rights to income, proceeds or increase in value derived from
collateral; or
(F) Consideration for the sale of a business, including
goodwill, or other property by installments or otherwise.
(e) An agreement to share losses by the owners of a business is
not necessary to create a partnership.
SECTION 17. ORS 87.512 is amended to read:
87.512. The notice of lien required under ORS 87.507 shall be a
written statement verified by the oath of an officer of the long
term care facility that asserts a claim for the lien and that
contains:
(1) A true statement of demand, including an itemized statement
of services provided and setting forth the amount due and owing
to the long term care facility as of the date of the notice,
after deducting all credits and offsets;
(2) The name of the individual who received care;
(3) The name, address and telephone number of the long term
care facility;
(4) A statement that the amount claimed is a true and bona fide
existing debt as of the date of filing the notice of lien;
(5) A statement that the lien may cover contracted services
provided by the long term care facility subsequent to the
services itemized under subsection (1) of this section and that
interested persons may obtain information on the current amount
due under the lien by contacting the long term care facility;
(6) A statement that the long term care facility has given the
individual or an authorized representative a written summary of
the requirements and procedures for establishing eligibility for
Medicaid, including the right to an assessment that determines
the extent of spouses' nonexempt resources at the time of
institutionalization and attributes to the community spouse an
equitable share of the resources that can not be considered
available for payment of costs for the medical care of the
institutionalized spouse in the process of spending down to
Medicaid eligibility levels. The written statement shall be given
no fewer than 30 days and no more than 60 days before the notice
of lien is filed. The long term care facility may meet the
requirement of this subsection by providing written materials
relating to Medicaid eligibility for long term care services for
{ - disabled - } persons { + with disabilities + } and
elderly persons used by the Department of Human Services; and
(7) A description of the real property to be charged with the
lien that complies with ORS 93.600.
SECTION 18. ORS 87.527 is amended to read:
87.527. Notwithstanding ORS 87.503 (1):
(1) A lien created by ORS 87.503 on the home of a living
individual who received care may not be foreclosed for as long as
any of the following individuals reside in the home:
(a) The individual who received care.
(b) The spouse of the individual.
(c) A { - minor or disabled - } child of the
individual { + , if the child is a minor or has a disability + }.
(d) A sibling of the individual who has an equity interest in
the home, but only when the sibling continuously resided in the
home during the calendar year immediately preceding the date on
which the individual first received care.
(e) Any other child of the individual, but only when the child
continuously resided in the home during the two-year period
Enrolled Senate Bill 83 (SB 83-A) Page 19
immediately preceding the date on which the individual first
received care and provided assistance during that period that
delayed the need for care.
(2) A lien created by ORS 87.503 on the home of a deceased
individual who received care may not be foreclosed for as long as
any of the following individuals reside in the home:
(a) The surviving spouse of the individual.
(b) A { - minor or disabled - } child of the
individual { + , if the child is a minor or has a disability + }.
(c) A sibling of the individual, but only when the sibling
continuously resided in the home during the calendar year
immediately preceding the date on which the individual first
received care.
(d) Any other child of the individual, but only when the child
continuously resided in the home during the two-year period
immediately preceding the date on which the individual first
received care and provided assistance during that period that
delayed the need for care.
(3) A lien created by ORS 87.503 on other real property of a
deceased individual may not be foreclosed while there is { + :
(a) + } A surviving spouse { + ; + } or
{ + (b) + } { - minor or disabled Children - } { + A
child + } of the individual { + , if the child is a minor or has
a disability + }.
SECTION 19. ORS 87.603 is amended to read:
87.603. As used in ORS 87.603 to 87.633, unless the context
requires otherwise:
(1) 'Ambulance' has the meaning given that term in ORS 682.025.
(2) 'Ambulance services' includes the transportation of an
{ + individual who is + } ill { - , - } { + or + } injured
or { - disabled individual - } { + who has a disability + }
in an ambulance and the administration of medical or emergency
care, if necessary, while the individual is being transported.
(3) 'Governmental unit' means the state, any county, city or
other municipal corporation or any department, board or other
agency of any of them.
SECTION 20. ORS 93.270 is amended to read:
93.270. (1) { - No - } { + A + } person conveying or
contracting to convey fee title to real property { - shall - }
{ + may not + } include in an instrument for such purpose a
provision:
(a) Restricting the use of the real property by any person or
group of persons by reason of color, race, religion, national
origin or physical or mental { - handicap - } { +
disability + }.
(b) Restricting the use of the real property by any home or
facility that is licensed by or under the authority of the
department under ORS 443.400 to 443.455 or 443.705 to 443.825 to
provide residential care alone or in conjunction with treatment
or training or a combination thereof.
(2) Any such provision in an instrument executed in violation
of subsection (1) of this section is void and unenforceable.
(3) { - No - } { + An + } instrument that contains a
provision restricting the use of real property in a manner listed
in subsection (1)(b) of this section { - shall - } { + does
not + } give rise to any public or private right of action to
enforce the restriction.
(4)(a) { - No - } { + An + } instrument that contains a
provision restricting the use of real property by requiring
roofing materials with a lower fire rating than that required in
Enrolled Senate Bill 83 (SB 83-A) Page 20
the state building code established under ORS chapter 455
{ - shall - } { + does not + } give rise to any public or
private right of action to enforce the restriction in an area
determined by a local jurisdiction as a wildfire hazard zone.
Prohibitions on public or private right of action under this
paragraph are limited solely to considerations of fire rating.
(b) As used in this subsection, 'wildfire hazard zones' are
areas that are legally declared by a governmental agency having
jurisdiction over the area to have special hazards caused by a
combination of combustible natural fuels, topography and climatic
conditions that result in a significant hazard of catastrophic
fire over relatively long periods each year. Wildfire hazard
zones shall be determined using criteria established by the State
Forestry Department.
SECTION 21. ORS 107.500 is amended to read:
107.500. Each circuit court shall make available with
appropriate forms an instructional brochure prescribed by the
State Court Administrator and describing the procedures set forth
in this section and ORS 107.485 and 107.490. The content of the
forms used pursuant to this section and ORS 107.485 and 107.490
shall be substantially as follows:
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, PETITION FOR
SUMMARY
DISSOLUTION
and OF MARRIAGE
)
______
, )
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
1. (________, Petitioner,) (________, Respondent,) has been a
resident of Oregon continuously for the past six months before
filing this petition.
2. Statistical Facts:
a. Date of marriage:
_______________
b. Place of marriage:
_______________
c. Wife's address:
_______________
d. Wife's maiden name:
Enrolled Senate Bill 83 (SB 83-A) Page 21
_______________
e. Wife's former legal names:
_______________
f. Wife's age:
_______________
g. Husband's address:
_______________
h. Husband's former legal names:
_______________
i. Husband's age:
_______________
3. My spouse and I have not been married more than 10 years.
4. Petitioner does not know of any pending (not yet decided by
a judge) domestic relations suits involving this marriage in this
or any other state.
5. There are no minor children born to the parties or born
during the marriage. There are no adopted minor children. The
wife is not now pregnant.
6. Petitioner requests a dissolution because irreconcilable
differences between the parties have caused the irremediable
breakdown of the marriage.
7. The personal property of the parties is not worth more than
$30,000. Petitioner requests that the Court divide the property
as follows:
(a) The wife should be awarded the following personal property:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Additional pages have been attached and labeled '
7a. continued. '
(b) The husband should be awarded the following personal
property:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Additional pages have been attached and labeled '
7b. continued. '
(c) The husband and wife should each sign any documents
necessary to remove his or her name as owner of personal property
awarded to the other party.
8. Neither the husband nor the wife own any real property.
9. The debts incurred by the husband and wife together or
separately from the date of the marriage are not greater than
$15,000.
Petitioner requests the following division of debts:
(a) The wife be required to pay the debts listed below. The
husband is awarded a judgment against the wife in the sum of
$____. The wife can satisfy this judgment by paying off the
following debts:
Enrolled Senate Bill 83 (SB 83-A) Page 22
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(b) The husband be required to pay the debts listed below. The
wife is awarded a judgment against the husband in the sum of
$____. The husband can satisfy the judgment by paying off the
following debts:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
10. I relinquish all rights I may have to spousal support and
waive any right to pendente lite orders (temporary orders) except
those pursuant to ORS 107.700 to 107.735 (the Family Abuse
Prevention Act) or 124.005 to 124.040 (the Elderly Persons and
Persons With Disabilities Abuse Prevention Act).
(Complete only if petitioner is paying fees and wants
reimbursement from spouse or if fees are being deferred for the
petitioner.)
11. (a) If petitioner has paid court costs and service fees,
petitioner requests that costs and fees paid by petitioner be
repaid by respondent spouse, _____, and that a judgment in the
amount of such costs and fees be entered in favor of petitioner,
_____ , in the amount of $____.
(b) If fees are being deferred for petitioner:
Petitioner requests that judgment be entered against
(________, Petitioner)
(________, Respondent) in favor of the state in the amount of
$____.
12. Petitioner requests that:
Enrolled Senate Bill 83 (SB 83-A) Page 23
wife's legal name be restored to
______________
husband's legal name be restored to
______________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
(Petitioner's signature)
Address:
____________
____________
____________
Telephone:_______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, SUMMONS FOR SUMMARY
DISSOLUTION
Marriage Dissolution Suit
and )
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
TO: Name of Respondent
______________
Address of Respondent
______________
__________
, Oregon
Enrolled Senate Bill 83 (SB 83-A) Page 24
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
YOU HAVE BEEN SUED. The court may decide against you without
your being heard unless you respond within 30 days of the day you
received these papers. Read the information below.
NOTICE TO RESPONDENT:
READ THESE PAPERS CAREFULLY
Your spouse has filed a petition with the court to end your
marriage and asking to divide your property and debts, if any.
You must 'appear' in this case or the court will grant your
spouse's requests. To 'appear,' you must file with the court a
legal paper called a 'motion' or 'answer.' The 'motion' or '
answer' must be given to the Court Clerk or Administrator at:
(location) _________ within 30 days of the day you received these
papers, along with the required filing fee. The 'motion' or '
answer' must be in proper form and you must show that your spouse
has been served with a copy of it.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Name of Petitioner
____________
Address of Petitioner
____________
City/State/Zip Code
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Important Information about Respondent (A recent photo may be
attached in addition to the requested information.)
Height:__________
Weight:__________
Race:__________
Date of Birth:_______
Automobile license number and description:
_________________
Other identifying information:
_________________
Best time and place to locate:
_________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
Enrolled Senate Bill 83 (SB 83-A) Page 25
______
, )
Petitioner, AFFIDAVIT OF PROOF
OF SERVICE
)
and )
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ______________, swear/affirm under oath that:
I am a resident of the State of Oregon. I am a competent person
over 18 years of age. I am not an attorney for or a party to this
case, or an officer, director or employee of any party to this
case. On the ___ day of _____, 2_, I served the Summons and
Petition in this case personally upon the above named respondent
in _____ County by delivering to the respondent a copy of those
papers, each of which was certified to be a true copy of each
original.
______________
Signature of _______
SUBSCRIBED AND SWORN TO before me this ___ day of _____, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
Enrolled Senate Bill 83 (SB 83-A) Page 26
No.______
______
, )
Petitioner, MOTION AND ORDER FOR
WAIVER OF FEES
)
and )
)
______
, )
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Petitioner moves the Court for an order waiving payment of
filing fees, service fees, and other costs.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
Petitioner
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
POINTS AND AUTHORITIES
ORS 21.605; the Court shall waive all fees and costs if the
Court finds that the party is unable to pay such fees and costs.
ORDER
IT IS SO ORDERED.
DATED: This __ day of ___, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
COURT
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
Enrolled Senate Bill 83 (SB 83-A) Page 27
______
, )
Petitioner, AFFIDAVIT FOR
WAIVER OF
and FEES AND COSTS
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ______________, being first duly sworn upon oath, depose and
declare that I am the petitioner for a Judgment of Summary
Dissolution and am unable to pay necessary filing fees, service
fees and court costs. My total monthly income from all sources is
$_____. I have $_____ as assets and $_____ as savings. I
support ___ people. My monthly expenses are $___ housing, $___
food, $___ utilities, $___ transportation, $___ laundry, cleaning
and personal requirements, $___ medical expenses, $___ clothing,
$___ telephone, $___ total installment payments, $___ other
expenses, for total monthly expenses of $_____.
____________
Signature of _______
SUBSCRIBED AND SWORN TO before me this ___ day of _____, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires ____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
Enrolled Senate Bill 83 (SB 83-A) Page 28
No.______
______
, )
Petitioner, PETITIONER'S
AFFIDAVIT, MOTION
AND ORDER FOR
and DEFAULT JUDGMENT
OF DISSOLUTION
)
______
, )
Respondent. )
)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON)
) ss.
County of )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ___, swear/affirm under oath that:
I am the Petitioner. The Respondent is not now nor was at the
time of the commencement of this suit in the military service of
the United States; nor is the Respondent a { - legally mentally
incapacitated - } person { + who is legally mentally
incapacitated + }; nor is the Respondent under 18 years of age.
The Respondent was served with Summons and Petition for
Dissolution on the ___ day of _____, 2_, in _____ County, Oregon,
and has failed to answer or appear.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Petitioner
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this __ day of _____, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____________
NOTARY PUBLIC FOR OREGON
My Commission Expires ___
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Petitioner moves the Court for an Order entering the default of
Respondent.
Enrolled Senate Bill 83 (SB 83-A) Page 29
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________
Petitioner
____________
Address of Petitioner
____________
City, State Zip
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
ORDER
IT IS SO ORDERED.
DATED: This __ day of ___, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
CIRCUIT COURT JUDGE
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
In the Matte) of
the Marriage)of
No.______
______
, )
Petitioner, JUDGMENT OF
SUMMARY DISSOLUTION
)
and )
)
______
, )
Respondent. )
)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Statistical Facts:
a. Date of marriage:
Enrolled Senate Bill 83 (SB 83-A) Page 30
_______________
b. Place of marriage:
_______________
c. Wife's address:
_______________
d. Wife's maiden name:
_______________
e. Wife's former legal names:
_______________
f. Wife's age:
_______________
g. Husband's address:
_______________
h. Husband's former legal names:
_______________
i. Husband's age:
_______________
This matter came before the Court for default. Petitioner
appeared (in person) (by affidavit), and Respondent did not
appear. THE COURT HAS BEEN FULLY ADVISED, AND JUDGMENT IS
RENDERED AS FOLLOWS:
1. Dissolution: This marriage is dissolved and shall terminate
on _______.
2. Prior Wills: Any will previously executed by either spouse
with provisions in favor of the other spouse is revoked with
respect to those provisions, unless the will expresses a
different intent.
3. Division of Property: (a) The wife is awarded and shall own
by herself the following personal property:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Additional pages have been attached as C-1.
(b) The husband is awarded and shall own by himself the
following personal property:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Additional pages have been attached as C-2.
(c) Husband and wife each shall sign any documents necessary to
remove his or her name as owner of personal property awarded to
the other. If either fails to sign the necessary documents, a
certified copy of the Judgment shall serve as a conveyance of the
property.
4. Payment of Debts: (a) The wife shall pay the debts listed
below. The husband is awarded a judgment against the wife in the
sum of $____. The wife can satisfy this judgment by paying the
following debts:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
Enrolled Senate Bill 83 (SB 83-A) Page 31
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Additional pages have been added as D-1.
(b) The husband shall pay the debts listed below. The wife is
awarded a judgment against the husband in the sum of $____. The
husband can satisfy the judgment by paying the following debts:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name of Creditor Amount Owed
________
_____
________
_____
________
_____
________
_____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Additional pages have been added as D-2.
5. The wife shall have her former legal name restored. The
restored name is:
_______________ .
The husband shall have his former legal name restored. The
restored name is:
_______________ .
6. A judgment against (the husband) (the wife) for court costs
and service fees in the amount of $____ is awarded to (the
husband) (the wife) (this state if fees were waived or deferred).
DATED: This __ day of ___, 2_.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
CIRCUIT COURT JUDGE
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Enrolled Senate Bill 83 (SB 83-A) Page 32
_________________________________________________________________
SECTION 21a. { + If Senate Bill 269 becomes law, section 21 of
this 2007 Act (amending ORS 107.500) is repealed. + }
SECTION 22. ORS 109.322 is amended to read:
109.322. (1) If a parent has been adjudged mentally ill or
mentally { - deficient - } { + retarded + } and remains so at
the time of the adoption proceedings, or if a parent is
imprisoned in a state or federal prison under a sentence for a
term of not less than three years and has actually served three
years, the petitioner, in accordance with ORS 109.330, shall
serve on the parent, if the parent has not consented in writing
to the adoption, a summons and a motion and order to show cause
why the adoption of the child should not be ordered without the
parent's consent.
(2) In the case of a parent adjudged mentally ill or mentally
{ - deficient - } { + retarded + }, the petitioner shall also
serve the summons and the motion and order to show cause upon the
guardian of the parent. If the parent has no guardian, the court
shall appoint a guardian ad litem to appear for the parent in the
adoption proceedings.
(3) Upon hearing, if the court finds that the adoption is in
the best interests of the child, the consent of the
{ - mentally ill, mentally deficient or imprisoned - } parent
{ + who is imprisoned or adjudged mentally ill or mentally
retarded + } is not required, and the court may proceed
regardless of the objection of the parent.
(4) This section does not apply when consent is given in loco
parentis under ORS 109.316 or 109.318.
SECTION 23. ORS 116.253 is amended to read:
116.253. (1) Within 10 years after the death of a decedent
whose estate escheated in whole or in part to the state, or
within eight years after the entry of a judgment or order
escheating property of an estate to the state, a claim may be
made for the property escheated, or the proceeds thereof, by or
on behalf of a person not having actual knowledge of the escheat
or by or on behalf of a person who at the time of the escheat was
unable to prove entitlement to the escheated property.
(2) The claim shall be made by a petition filed with the
Director of the Department of State Lands. The claim is
considered a contested case as provided in ORS 183.310 and there
is the right of judicial review as provided in ORS 183.480. The
petition shall be verified in the same manner as a petition in
probate and shall state:
(a) The age and place of residence of the claimant by whom or
on whose behalf the petition is filed;
(b) That the claimant lawfully is entitled to the property or
proceeds, briefly describing the property or proceeds;
(c) That at the time the property escheated to the state the
claimant had no knowledge or notice thereof or was unable to
prove entitlement to the escheated property and has subsequently
acquired new evidence of that entitlement;
(d) That the claimant claims the property or proceeds as an
heir or devisee or as the personal representative of the estate
of an heir or devisee, setting forth the relationship, if any, of
the claimant to the decedent who at the time of death was the
owner;
(e) That 10 years have not elapsed since the death of the
decedent, or that eight years have not elapsed since the entry of
the judgment or order escheating the property to the state; and
Enrolled Senate Bill 83 (SB 83-A) Page 33
(f) If the petition is not filed by the claimant, the status of
the petitioner.
(3) If it is determined that the claimant is entitled to the
property or the proceeds thereof, the Director of the Department
of State Lands shall deliver the property to the petitioner,
subject to and charged with any tax on the property and the costs
and expenses of the state in connection therewith.
(4) If the person whose property escheated or reverted to the
state was at any time an inmate of a state institution in Oregon
for { - the mentally ill or mentally deficient - } { +
persons with mental illness or mental retardation + }, the
reasonable unpaid cost, as determined by the Department of Human
Services, of the care and maintenance of the person while a ward
of the institution, regardless of when the cost was incurred, may
be deducted from, or, if necessary, be offset in full against,
the amount of the escheated property.
(5) For the purposes of this section, the death of the decedent
is presumed to have occurred on the date shown in the decedent's
death certificate or in any other similar document issued by the
jurisdiction in which the death occurred or issued by an agency
of the federal government.
SECTION 24. ORS 124.005 is amended to read:
124.005. As used in ORS 124.005 to 124.040:
(1) 'Abuse' means one or more of the following:
(a) Any physical injury caused by other than accidental means,
or that appears to be at variance with the explanation given of
the injury.
(b) Neglect that leads to physical harm through withholding of
services necessary to maintain health and well-being.
(c) Abandonment, including desertion or willful forsaking of an
elderly person or a person with { - disabilities - } { + a
disability + } or the withdrawal or neglect of duties and
obligations owed an elderly person or a person with
{ - disabilities - } { + a disability + } by a caregiver or
other person.
(d) Willful infliction of physical pain or injury.
(e) Use of derogatory or inappropriate names, phrases or
profanity, ridicule, harassment, coercion, threats, cursing,
intimidation or inappropriate sexual comments or conduct of such
a nature as to threaten significant physical or emotional harm to
the elderly person or person with { - disabilities - } { + a
disability + }.
(f) Causing any sweepstakes promotion to be mailed to an
elderly person or a person with { - disabilities - } { + a
disability + } who had received sweepstakes promotional material
in the United States mail, spent more than $500 in the preceding
year on any sweepstakes promotions, or any combination of
sweepstakes promotions from the same service, regardless of the
identities of the originators of the sweepstakes promotion and
who represented to the court that the person felt the need for
the court's assistance to prevent the person from incurring
further expense.
(g) Wrongfully taking or appropriating money or property, or
knowingly subjecting an elderly person or person with
{ - disabilities - } { + a disability + } to alarm by
conveying a threat to wrongfully take or appropriate money or
property, which threat reasonably would be expected to cause the
elderly person or person with { - disabilities - } { + a
disability + } to believe that the threat will be carried out.
Enrolled Senate Bill 83 (SB 83-A) Page 34
(h) Sexual contact with a nonconsenting elderly person or
person with { - disabilities - } { + a disability + } or with
an elderly person or person with { - disabilities - } { + a
disability + } considered incapable of consenting to a sexual act
as described in ORS 163.315. As used in this paragraph, 'sexual
contact' has the meaning given that term in ORS 163.305.
(2) 'Elderly person' means any person 65 years of age or older
who is not subject to the provisions of ORS 441.640 to 441.665.
(3) 'Guardian petitioner' means a guardian or guardian ad litem
for an elderly person or a person with { - disabilities - }
{ + a disability + } who files a petition under ORS 124.005 to
124.040 on behalf of the elderly person or person with
{ - disabilities - } { + a disability + }.
(4) 'Interfere' means to interpose in a way that hinders or
impedes.
(5) 'Intimidate' means to compel or deter conduct by a threat.
(6) 'Menace' means to act in a threatening manner.
(7) 'Molest' means to annoy, disturb or persecute with hostile
intent or injurious effect.
(8) 'Person with { - disabilities - } { + a disability + }
' means a person described in:
(a) ORS 410.040 { - (5)(b) - } { + (7)(b) + }; or
(b) ORS 410.715.
(9) 'Petitioner' means an elderly person or a person with
{ - disabilities - } { + a disability + } who files a
petition under ORS 124.005 to 124.040.
(10) 'Sweepstakes' means:
(a) A procedure for awarding a prize that is based on chance;
(b) A procedure in which a person is required to purchase
anything, pay anything of value or make a donation as a condition
of winning a prize or of receiving or obtaining information about
a prize; or
(c) A procedure that is advertised in a way that creates a
reasonable impression that a payment of anything of value,
purchase of anything or making a donation is a condition of
winning a prize or receiving or obtaining information about a
prize.
(11) 'Sweepstakes promotion' means an offer to participate in a
sweepstakes.
SECTION 25. ORS 124.010 is amended to read:
124.010. (1)(a) Except as provided in subsection (8) of this
section, an elderly person or a person with
{ - disabilities - } { + a disability + } who has been the
victim of abuse within the preceding 180 days or a guardian or
guardian ad litem of an elderly person or a person with
{ - disabilities - } { + a disability + } who has been the
victim of abuse within the preceding 180 days may petition the
circuit court for relief under ORS 124.005 to 124.040, if the
{ - elderly - } person { - or person with disabilities - }
is in immediate and present danger of further abuse from the
abuser.
(b) The elderly person or person with { - disabilities - }
{ + a disability + } or the guardian or guardian ad litem of the
{ - elderly - } person { - or person with disabilities - }
may seek relief by filing a petition with the circuit court
alleging that the { - elderly - } person
{ - or person with disabilities - } is in immediate and
present danger of further abuse from the respondent, alleging
that the { - elderly - } person { - or person with
disabilities - } has been the victim of abuse committed by the
Enrolled Senate Bill 83 (SB 83-A) Page 35
respondent within the 180 days preceding the filing of the
petition and describing the nature of the abuse and the
approximate dates thereof. The abuse must have occurred not more
than 180 days before the filing of the petition.
(c) A petitioner or guardian petitioner is not required to
provide in the petition information regarding the relationship
between the elderly person or person with { - disabilities - }
{ + a disability + } and the respondent.
(d) Allegations in the petition must be made under oath or
affirmation. The circuit court has jurisdiction over all
proceedings under ORS 124.005 to 124.040.
(2) The petitioner or guardian petitioner has the burden of
proving a claim under ORS 124.005 to 124.040 by a preponderance
of the evidence.
(3) The right to petition for relief under ORS 124.005 to
124.040 is not affected by the fact that the elderly person or
person with { - disabilities - } { + a disability + } has
left the residence or household to avoid abuse.
(4) A petition filed under ORS 124.005 to 124.040 must disclose
the existence of any Elderly Persons and Persons With
Disabilities Abuse Prevention Act proceedings, any Abuse
Prevention Act proceedings, any marital annulment, dissolution or
separation proceedings pending between the parties or any
protective proceedings under ORS chapter 125.
(5) Upon the filing of a petition under ORS 124.005 to 124.040,
the clerk of the court shall give the petitioner or guardian
petitioner information provided by the Department of Human
Services about local adult protective services, domestic violence
shelters and local legal services available.
(6) For purposes of computing the 180-day period in this
section and ORS 124.020, any time during which the respondent is
incarcerated or has a principal residence more than 100 miles
from the principal residence of the elderly person or person with
{ - disabilities - } { + a disability + } is not counted as
part of the 180-day period.
(7) If a guardian or guardian ad litem files a petition under
this section on behalf of an elderly person or a person with
{ - disabilities - } { + a disability + }, the elderly person
or person with
{ - disabilities - } { + a disability + } retains the right
to:
(a) Contact and retain counsel;
(b) Have access to personal records;
(c) File objections to the restraining order;
(d) Request a hearing; and
(e) Present evidence and cross-examine witnesses at any
hearing.
(8) An elderly person or a person with { - disabilities - }
{ + a disability + } may not file a petition under ORS 124.005
to 124.040 against a guardian or conservator for the
{ - elderly - } person { - or the person with
disabilities - } .
SECTION 26. ORS 124.015 is amended to read:
124.015. (1) The court shall hold a hearing within 21 days
following the request, and may cancel or change any order issued
under ORS 124.020 if the respondent, elderly person or person
with
{ - disabilities - } { + a disability + } requests a hearing
pursuant to ORS 124.020 (9).
Enrolled Senate Bill 83 (SB 83-A) Page 36
(2) In addition to the relief granted under ORS 124.020, the
court, in a hearing held pursuant to subsection (1) of this
section, may:
(a) Require either party to move from any residence whose title
or right to occupy such premises is held jointly by the parties;
and
(b) Assess against any party reasonable attorney fees and such
costs as may be incurred in the hearing.
(3)(a) If the respondent is represented by an attorney, time
for the hearing may be extended for up to five days at the
request of the petitioner or guardian petitioner so that the
petitioner or guardian petitioner may seek representation.
(b) If the elderly person or person with { - disabilities - }
{ + a disability + } is represented by an attorney, time for the
hearing may be extended for up to five days at the request of the
respondent or guardian petitioner so that the respondent or
guardian petitioner may seek representation.
(4) The court may approve any consent agreement to bring about
a cessation of abuse of the parties. However, the court may not
approve a term in a consent agreement that provides for restraint
of a party to the agreement unless the other party petitioned for
and was granted an order under ORS 124.010. An order or consent
agreement made under this section may be amended at any time and
shall continue in effect for a period of one year from the date
of the order issued under ORS 124.020.
(5) An order or agreement made under ORS 124.005 to 124.040 or
ORS 133.310 and 133.381 may not in any manner affect title to any
real property.
(6) No undertaking shall be required in any proceeding under
ORS 124.005 to 124.040.
(7) Any proceeding under ORS 124.005 to 124.040 shall be in
addition to and not in lieu of any other available civil or
criminal remedies.
(8) Notwithstanding any right or remedy established in ORS
chapter 90 or ORS 105.105 to 105.168, a petitioner or guardian
petitioner may enforce an order issued under ORS 124.005 to
124.040.
SECTION 27. ORS 124.020 is amended to read:
124.020. (1) When a petitioner or guardian petitioner files a
petition under ORS 124.010, the circuit court shall hold an ex
parte hearing in person or by telephone on the day the petition
is filed or on the following judicial day. Upon a showing that
the elderly person or person with { - disabilities - } { + a
disability + } named in the petition has been the victim of abuse
committed by the respondent within 180 days preceding the filing
of the petition and that there is an immediate and present danger
of further abuse to the { - elderly - } person { - or person
with disabilities - } , the court shall, if requested by the
petitioner or guardian petitioner, order, for a period of one
year or until the order is withdrawn or amended, whichever is
sooner:
(a) That the respondent be required to move from the residence
of the elderly person or person with { - disabilities - }
{ + a disability + }, if in the sole name of the
{ - elderly - } person { - or person with disabilities - }
or if jointly owned or rented by the { - elderly - } person
{ - or person with disabilities - } and the respondent, or if
the parties are married to each other;
Enrolled Senate Bill 83 (SB 83-A) Page 37
(b) That a peace officer accompany the party who is leaving or
has left the parties' residence to remove essential personal
effects of the party;
(c) That the respondent be restrained from abusing,
intimidating, molesting, interfering with or menacing the elderly
person or person with { - disabilities - } { + a
disability + }, or attempting to abuse, intimidate, molest,
interfere with or menace the
{ - elderly - } person { - or person with disabilities - } ;
(d) That the respondent be restrained from entering, or
attempting to enter, on any premises when it appears to the court
that such restraint is necessary to prevent the respondent from
abusing, intimidating, molesting, interfering with or menacing
the elderly person or person with { - disabilities - } { + a
disability + };
(e) That the respondent be:
(A) Restrained, effective on a date not less than 150 days from
the date of the order, from mailing the elderly person or person
with { - disabilities - } { + a disability + } any
sweepstakes promotion;
(B) Required to remove the elderly person or person with
{ - disabilities - } { + a disability + } from the
respondent's sweepstakes promotion mailing list or place the
{ - elderly - } person { - or person with disabilities - }
on a list of persons to whom sweepstakes promotions may not be
mailed; and
(C) Required to promptly refund any payment received in any
form from the elderly person or person with
{ - disabilities - } { + a disability + } after the date the
order is entered by the court; or
(f) Except as provided in subsection (2) of this section, other
relief that the court considers necessary to provide for the
safety and welfare of the elderly person or person with
{ - disabilities - } { + a disability + }.
(2)(a) If the court finds that the elderly person or person
with { - disabilities - } { + a disability + } has been the
victim of abuse as defined in ORS 124.005 (1)(g), the court may
order only relief that the court considers necessary to prevent
or remedy the wrongful taking or appropriation of the money or
property of the
{ - elderly - } person { - or person with disabilities - } ,
including but not limited to:
(A) Directing the respondent to refrain from exercising control
over the money or property of the { - elderly - } person
{ - or person with disabilities - } ;
(B) Requiring the respondent to return custody or control of
the money or property of the { - elderly - } person { - or
person with disabilities - } to the { - elderly - } person
{ - or person with disabilities - } ;
(C) Requiring the respondent to follow the instructions of the
guardian or conservator of the { - elderly - } person { - or
person with disabilities - } ; or
(D) Prohibiting the respondent from transferring the money or
property of the elderly person or person with
{ - disabilities - } { + a disability + } to any person other
than the elderly person or person with { - disabilities - }
{ + a disability + }.
(b) The court may not use a restraining order issued under ORS
124.005 to 124.040:
Enrolled Senate Bill 83 (SB 83-A) Page 38
(A) To allow any person other than the elderly person or person
with { - disabilities - } { + a disability + } to assume
responsibility for managing any of the money or property of the
elderly person or person with { - disabilities - } { + a
disability + }; or
(B) For relief that is more appropriately obtained in a
protective proceeding filed under ORS chapter 125 including, but
not limited to, giving control and management of the financial
accounts or property of the elderly person or person with
{ - disabilities - } { + a disability + } for any purpose
other than the relief granted under paragraph (a) of this
subsection.
(3) The showing required under subsection (1) of this section
may be made by testimony of:
(a) The elderly person or person with { - disabilities - }
{ + a disability + };
(b) The guardian or guardian ad litem of the elderly person or
person with { - disabilities - } { + a disability + };
(c) Witnesses to the abuse; or
(d) Adult protective services workers who have conducted an
investigation.
(4) Immediate and present danger under this section includes
but is not limited to situations in which the respondent has
recently threatened the elderly person or person with
{ - disabilities - } { + a disability + } with additional
abuse.
(5) When a guardian petitioner files a petition on behalf of an
elderly person or a person with { - disabilities - } { + a
disability + }, the guardian petitioner shall provide information
about the
{ - elderly - } person { - or person with disabilities - }
and not about the guardian petitioner where the petition, order
or related forms described in subsection (6) of this section
require information about the petitioner.
(6) An instruction brochure shall be available from the clerk
of the court explaining the rights set forth under ORS 124.005 to
124.040. The petition, order and related forms shall be available
from the clerk of the court and shall be in substantially the
following form:
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, PETITION FOR
Petitioner RESTRAINING ORDER
(your name) TO PREVENT ABUSE
OF ELDERLY
PERSONS OR
PERSONS WITH
vs. DISABILITIES
Enrolled Senate Bill 83 (SB 83-A) Page 39
)
NO. ___
____
, )
Respondent )
(person to b)
restrained) )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO
NOT, THE COURT MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO
HOLD YOU IN CONTEMPT OF COURT.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
ATTACH ADDITIONAL PAGES
IF NECESSARY.
I am the Petitioner and I state that the following information is
true:
I am a resident of _______ County, Oregon.
Respondent is a resident of _____ County, Oregon.
I am either 65 years of age or older (I am ____ years of age) or
I am a person with { - disabilities - } { + a disability + }
(CIRCLE THE ONE THAT DESCRIBES YOU).
1. CHECK AND FILL OUT ANY SECTION(S) that apply to you and
respondent:
_ A. Respondent and I have been living together since ____ ,
__(year).
_ B. Respondent and I lived together from ____, __ (year), to
_____, __(year).
_ C. I have been under the care of respondent since ____ ,
__(year).
_ D. I was under the care of respondent from ____, __ (year),
to _____, __(year).
_ E. Respondent has sent me sweepstakes promotions.
_ F. None of the above.
2. To qualify for a restraining order, respondent must have done
one or more of the following:
Within the last 180 days, respondent has:
_ A. Caused me physical injury by other than accidental means.
_ B. Attempted to cause me physical injury by other than
accidental means.
_ C. Placed me in fear of immediate serious physical injury.
_ D. Caused me physical harm by withholding services necessary
to maintain my health and well-being.
_ E. Abandoned or deserted me by withdrawing or neglecting to
perform duties and obligations.
_ F. Used derogatory or inappropriate names, phrases or
profanity, ridicule, harassment, coercion, threats,
cursing, intimidation or inappropriate sexual comments or
conduct of such a nature as to place me in fear of
significant physical or emotional harm.
Enrolled Senate Bill 83 (SB 83-A) Page 40
_ G. Sent me sweepstakes promotions, and I feel the need for
the court's assistance to protect me from further
expense. I am an elderly person or a person with
{ - disabilities - } { + a disability + }. In the
past year, I spent more than $500 on sweepstakes
promotions that I received in the United States mail.
_ H. Wrongfully taken or appropriated my money or property, or
alarmed me by conveying a threat to me that my money or
property would be wrongfully taken or appropriated, which
I reasonably believed would be carried out.
_ I. Had nonconsensual sexual contact with me or sexual
contact to which I was incapable of consenting.
NOTICE TO PETITIONER: Sweepstakes companies are allowed up to
150 days to stop sending you sweepstakes entry materials. For a
time after the court issues a restraining order, you may receive
additional solicitations from respondent. However, beginning on
the date the restraining order is issued, the respondent must
immediately reject any further orders from you and must return
any money you send to the company after the date the restraining
order is issued.
3. Any period of time after the abuse occurred during which
respondent was incarcerated (in jail or prison) or lived more
than 100 miles from your home is not counted as part of the
180-day period, and you may still be eligible for a
restraining order.
Respondent was incarcerated from _______, __(year), to
______, __ (year).
Respondent lived more than 100 miles from my home from _____,
__ (year), to _____, __(year).
4. Did the abuse happen within the last 180 days not including
the times respondent was incarcerated (in jail or prison) or
lived more than 100 miles from your home? Yes No
Date and location of abuse:
_______________
_______________
How did respondent injure or threaten to injure you?
_______________
_______________
_______________
5. Are there incidents other than those described in question 4
above, in which respondent injured or threatened to injure
you? If yes, explain:
_______________
_______________
_______________
6. The abuse I am complaining about was witnessed by
______ (affidavit attached). Other persons with knowledge of
the abuse are ______ (affidavit attached).
7. I am in immediate and present danger of further abuse by
respondent because:
_______________
_______________
_______________
Enrolled Senate Bill 83 (SB 83-A) Page 41
8. In any of the above incidents:
Were drugs, alcohol or weapons involved? Yes No
Did you need medical help? Yes No
Were the police or the courts involved? Yes No
If you have circled yes to any of the above questions,
explain:
_______________
_______________
9. A. There (is) (is not) another Elderly Persons and Persons
With Disabilities Abuse Prevention Act or Abuse
Prevention Act proceeding pending between respondent and
me. It is filed in ____ (County), ____ (State), and I am
(Petitioner) or (Respondent) in that case.
The case number of the case is: __________
B. There (is) (is not) another lawsuit pending between
respondent and me for divorce, annulment or legal
separation.
If yes, type of lawsuit: __________
It is filed in _____ (County), _____ (State).
C. There (is) (is not) a protective proceeding filed in
____ (County), ____ (State).
10. Respondent may be required to move from your residence if it
is in your sole name, or if it is jointly owned or rented by
you and respondent, or if you and respondent are married.
I (do) (do not) want respondent to move from my residence.
My residence is:
Owned Leased Rented
By: __________
PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE '
PETITIONER'S REQUEST' COLUMN OF THE PROPOSED RESTRAINING ORDER,
WHICH IS ATTACHED.
_________________________________________________________________
PETITIONER MUST NOTIFY THE COURT
OF ANY CHANGE OF ADDRESS.
ALL NOTICES OF HEARING WILL
BE SENT TO THIS ADDRESS
AND DISMISSALS MAY BE
ENTERED IF YOU DO NOT APPEAR
AT A SCHEDULED HEARING.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
PETITIONER
Enrolled Senate Bill 83 (SB 83-A) Page 42
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON )
)ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
NOTARY PUBLIC FOR OREGON
My commission expires: ____
RELEVANT DATA
RESPONDENT __________
Sex __ Telephone # _____
Residence Address ________
City/State/Zip __________
County __________
Birthdate ____ Age __
Race ____
Height _____ Weight _____
Eye Color _____
Hair Color _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
PETITIONER (you) ________
GUARDIAN PETITIONER
Sex ___ *Telephone # _____ Name ________
*Residence Address ________ Address ________
City/State/Zip __________ ____________
County ____________ Telephone # _______
Birthdate _____ Age ___
Race _____
Height _____ Weight _____
Eye Color _____
Hair Color _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
*If you wish to have your residential address or telephone
number withheld from respondent, use a contact address and
Enrolled Senate Bill 83 (SB 83-A) Page 43
telephone number so the Court and the Sheriff can reach you
if necessary.
PLEASE FILL OUT THIS INFORMATION
TO AID IN SERVICE OF
THE RESTRAINING ORDER
Where is respondent most likely to be located?
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Residence Hours _____
Employment Hours _____
Address: ____
________
Employment Hours _____
Address: ____
________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Description of vehicle ________
__________________
Does respondent have any weapons or access to weapons? Explain:
_________________________________________________________________
_________________________________________________________________
Has respondent ever been arrested for or convicted of a violent
crime? Explain:
_________________________________________________________________
_________________________________________________________________
Is there anything about respondent's character, past behavior or
the present situation that indicates that respondent may be a
danger to self or { - other - } { + others + }? Explain:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled Senate Bill 83 (SB 83-A) Page 44
______
, )
Petitioner )
(your name) )RESTRAINING ORDER
)TO PREVENT ABUSE
)OF ELDERLY PERSONS
vs. )OR PERSONS WITH
)DISABILITIES
)
)NO. _____
______
, )
Respondent )
(person to be res)rained)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO THE RESPONDENT:
VIOLATION OF THIS RESTRAINING ORDER
MAY RESULT IN YOUR ARREST AND IN
CIVIL AND/OR CRIMINAL PENALTIES.
REVIEW THIS ORDER CAREFULLY.
EACH PROVISION MUST BE OBEYED.
SEE YOUR RIGHTS TO A HEARING.
The Court, having reviewed the petition, makes the following
findings:
Judge's Initials
_ Petitioner { + has + } been abused by respondent as defined
by ORS 124.005;
_ The abuse of petitioner by respondent occurred within the
last 180 days as provided in ORS 124.010;
_ There is an immediate and present danger of further abuse to
petitioner.
IT IS HEREBY ORDERED that:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Petitioner's Request Judge's Initials
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 1. Respondent is restrained (prohibited) from_intimidating,
_ _
molesting, interfering with or menacing petitioner, or
attempting to intimidate, molest, interfere with or menace
petitioner.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled Senate Bill 83 (SB 83-A) Page 45
? ? 2. Respondent is restrained (prohibited) from_entering, or
_ _
attempting to enter:
(Include names and address unless withheld for safety reasons.)
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? Petitioner's residence. ___
? Petitioner's business or place of employment.
___
? Petitioner's school. ___
? Other locations. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 3. Respondent is restrained (prohibited) from:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? Contacting, or attempting to contact, petitioner by telephone.
___
? Contacting, or attempting to contact, petitioner by mail.
___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 4. Respondent shall move from and not return_to the re-
__
sidence located at ________
except with a
peace officer in order to remove essential personal effects
of the respondent, including, but not limited to:
clothing, toiletries, medications, Social Security cards,
birth certificates, identification and tools of the trade.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 5. A peace officer shall accompany the petitioner to the
___
parties' residence in order to remove essential personal
effects of petitioner, including, but not limited to:
clothing, toiletries, medications, Social Security cards,
birth certificates, identification and tools of the trade.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled Senate Bill 83 (SB 83-A) Page 46
? ? 6. Beginning on a date not less than 150 ___
days from the date of this order, the respondent shall
not mail the petitioner any further sweepstakes promotions.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 7. Respondent shall remove the petitioner from_
__
the respondent's sweepstakes promotion mailing list or
shall place the petitioner on the respondent's list of
persons to whom sweepstakes promotions may not be mailed.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 8. Respondent shall refund any payment received
___
in any form from the petitioner after the date
this order is entered by the court.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ? 9. Other relief: ________________
___
____________________
____________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
? ?10. No further service is necessary because respondent
___
appeared in person before the Court.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER
IS $5,000 unless otherwise specified.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Other Amount ($ )
THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR
A PERIOD OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR
Enrolled Senate Bill 83 (SB 83-A) Page 47
SUPERSEDED, WHICHEVER OCCURS FIRST.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
DATED this ___
day of __________
, 2__
.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
CIRCUIT COURT JUDGE (signature)
_______________
CIRCUIT COURT JUDGE (printed)
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. AFFIDAVIT OF PROOF
____
, OF SERVICE
Respondent. )
)
)
STATE OF )
OREGON )
ss.
County of __
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I am a resident of the State of Oregon. I am a competent person
18 years of age or older. I am not an attorney for or a party to
Enrolled Senate Bill 83 (SB 83-A) Page 48
this case, or an officer, director or employee of any party to
this case.
On the ___ day of ____, 2__, I served the Restraining Order to
Prevent Abuse of Elderly Persons or Persons With Disabilities and
the Petition for Restraining Order to Prevent Abuse of Elderly
Persons or Persons With Disabilities in this case personally upon
the above-named respondent in ______ County by delivering to the
respondent a copy of those papers, each of which was certified to
be a true copy of each original.
_______________
Signature of ________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. MOTION AND ORDER
____
, OF DISMISSAL
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Comes now petitioner, _____, and moves this Court for an order
allowing the voluntary withdrawal and dismissal of the
Restraining Order on file herein.
____________
Petitioner
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 2__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
IT IS SO ORDERED this ___ day of ____, 2__.
____________
JUDGE
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
Enrolled Senate Bill 83 (SB 83-A) Page 49
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, )
(D.O.B. ___
) NOTICE TO RESPONDENT
Petitioner, (Elderly Persons and
Persons With Disabilities
Abuse Prevention Act)
)
and NO. ___
)
____
, )
(D.O.B. ___
) )
Respondent. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THIS FORM MUST BE
ATTACHED TO SERVICE COPY
OF RESTRAINING ORDER
TO RESPONDENT: A TEMPORARY RESTRAINING ORDER HAS BEEN ISSUED BY
THE COURT WHICH AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS
ORDER BECOMES EFFECTIVE IMMEDIATELY. IF YOU WISH TO CONTEST THE
CONTINUATION OF THIS ORDER, YOU MUST COMPLETE THIS FORM AND MAIL
OR DELIVER IT TO:
REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU
RECEIVE THE ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE
NUMBER WITH YOUR REQUEST FOR A HEARING. THE HEARING WILL BE HELD
WITHIN 21 DAYS. AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE
ORDER SHOULD BE CANCELED OR CHANGED. THE ONLY PURPOSE OF THIS
HEARING WILL BE TO DETERMINE IF THE TERMS OF THE COURT'S
TEMPORARY ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.
Keep in mind that this order remains in effect until the court
that issued the order modifies or dismisses it. If you are
arrested for violating this order, the security amount (bail) is
$5,000, unless a different amount is ordered by the court.
Violation of this order constitutes contempt of court and is
punishable by a fine of up to $500 or one percent of your annual
gross income, whichever is greater, a jail term of up to six
months, or both. Other sanctions may be imposed.
_________________________________________________________________
REQUEST FOR HEARING
I am the Respondent in the above-referenced action and I request
a hearing to contest all or part of the order as follows (mark
one or more):
_ The order restraining me from contacting, or attempting to
contact, the petitioner.
_ Other __________
Enrolled Senate Bill 83 (SB 83-A) Page 50
I (will) (will not) be represented by an attorney at the hearing.
Notice of the time and place of the hearing can be mailed to me
at the address below my signature.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date: __________
_______________
SIGNATURE OF RESPONDENT
_______________
_______________
ADDRESS
_______________
TELEPHONE NUMBER
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(7) If the court orders relief:
(a) The clerk of the court shall provide without charge the
number of certified true copies of the petition and order
necessary to effect service and shall have a true copy of the
petition and order delivered to the county sheriff for service
upon the respondent, unless the court finds that further service
is unnecessary because the respondent appeared in person before
the court.
(b) The county sheriff shall serve the respondent personally
unless the petitioner or guardian petitioner elects to have the
respondent served personally by a private party or by a peace
officer who is called to the scene of a domestic disturbance at
which the respondent is present, and who is able to obtain a copy
of the order within a reasonable amount of time. Proof of service
shall be made in accordance with ORS 124.030.
(c) A respondent accused of committing abuse by means of a
sweepstakes promotion may be served:
(A) Personally;
(B) By mailing certified true copies of the petition and order
by certified mail to the address to which the elderly person or
person with { - disabilities - } { + a disability + } would
have sent the payment for goods or services promoted in the
sweepstakes promotion had the elderly person or person with
{ - disabilities - } { + a disability + } been ordering the
goods or services; or
(C) In the manner directed by the court.
(d) No filing fee, service fee or hearing fee shall be charged
for proceedings seeking only the relief provided under ORS
124.005 to 124.040.
(8) If the county sheriff:
(a) Determines that the order and petition are incomplete, the
order and petition shall be returned to the clerk of the court.
Enrolled Senate Bill 83 (SB 83-A) Page 51
The clerk of the court shall notify the petitioner or guardian
petitioner, at the address provided by the petitioner or guardian
petitioner, of the error or omission.
(b) After accepting the order and petition, cannot complete
service within 10 days, the sheriff shall notify the petitioner
or guardian petitioner, at the address provided by the petitioner
or guardian petitioner, that the documents have not been served.
If the petitioner or guardian petitioner does not respond within
10 days, the county sheriff shall hold the order and petition for
future service and file a return to the clerk of the court
showing that service was not completed.
(9)(a) Within 30 days after a restraining order is served on
the respondent under this section or within 30 days after notice
is served on the elderly person or person with
{ - disabilities - } { + a disability + } under ORS 124.024,
the respondent, elderly person or person with
{ - disabilities - } { + a disability + } may request a court
hearing upon any relief granted. The hearing request form shall
be available from the clerk of the court and shall be in
substantially the form provided in subsection (6) of this
section.
(b) If the respondent, elderly person or person with
{ - disabilities - } { + a disability + } requests a hearing
under paragraph (a) of this subsection, the clerk of the court
shall notify the petitioner or guardian petitioner of the date
and time of such hearing, and shall supply the petitioner or
guardian petitioner with a copy of the request for a hearing. The
petitioner or guardian petitioner shall give to the clerk of the
court information sufficient to allow such notification.
(c) The hearing is not limited to the issues raised in the
request for hearing form and may include testimony from witnesses
to the abuse and adult protective services workers. The hearing
may be held in person or by telephone. If the respondent, elderly
person or person with { - disabilities - } { + a
disability + } seeks to raise an issue at the hearing not
previously raised in the request for hearing form, the petitioner
or guardian petitioner is entitled to a reasonable continuance
for the purpose of preparing a response to the issue.
(d) The court shall exercise its discretion in a manner that
protects the elderly person or person with { - disabilities - }
{ + a disability + } from traumatic confrontation with the
respondent.
SECTION 28. ORS 124.024 is amended to read:
124.024. (1) A guardian petitioner must give notice of the
petition, order and related forms described in ORS 124.020 (6) to
the elderly person or person with { - disabilities - } { + a
disability + } named in the petition.
(2) The guardian petitioner must also serve on the elderly
person or person with { - disabilities - } { + a
disability + } a notice that contains a statement of the rights
of { - an elderly - } { + the + } person { - or a person
with disabilities - } as follows:
(a) The right to contact and retain counsel;
(b) The right to have access to personal records;
(c) The right to file objections to the restraining order;
(d) The right to request a hearing to contest all or part of
the restraining order; and
(e) The right to present evidence and cross-examine witnesses
at any hearing.
Enrolled Senate Bill 83 (SB 83-A) Page 52
(3) Notice provided under subsection (1) of this section must
be similar to the notice provided to the respondent under ORS
124.020 (6) and must contain an objection form that the elderly
person or person with { - disabilities - } { + a
disability + } may complete and mail to the court.
(4) Notice under this section must be personally served on the
elderly person or person with { - disabilities - } { + a
disability + }. The date of personal service must be not later
than 72 hours after the court issues a restraining order under
ORS 124.020.
(5) Proof of service under this section must be filed in the
proceeding before the court holds a hearing under ORS 124.015.
SECTION 29. ORS 124.050 is amended to read:
124.050. As used in ORS 124.050 to 124.095:
(1) 'Abuse' means one or more of the following:
(a) Any physical injury caused by other than accidental means,
or which appears to be at variance with the explanation given of
the injury.
(b) Neglect which leads to physical harm through withholding of
services necessary to maintain health and well-being.
(c) Abandonment, including desertion or willful forsaking of an
elderly person or the withdrawal or neglect of duties and
obligations owed an elderly person by a caretaker or other
person.
(d) Willful infliction of physical pain or injury.
(e) An act that constitutes a crime under ORS 163.375, 163.405,
163.411, 163.415, 163.425, 163.427, 163.465 or 163.467.
(f) Wrongfully taking or appropriating money or property, or
knowingly subjecting an elderly person or person with
{ - disabilities - } { + a disability + } to alarm by
conveying a threat to wrongfully take or appropriate money or
property, which threat reasonably would be expected to cause the
{ - elderly - } person { - or person with disabilities - }
to believe that the threat will be carried out.
(2) 'Elderly person' means any person 65 years of age or older
who is not subject to the provisions of ORS 441.640 to 441.665.
(3) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) Any district attorney.
(4) 'Public or private official' means:
(a) Physician, naturopathic physician, osteopathic physician,
chiropractor or podiatric physician and surgeon, including any
intern or resident.
(b) Licensed practical nurse, registered nurse, nurse's aide,
home health aide or employee of an in-home health service.
(c) Employee of the Department of Human Services, county health
department or community mental health and developmental
disabilities program.
(d) Peace officer.
(e) Member of the clergy.
(f) Licensed clinical social worker.
(g) Physical, speech or occupational therapists.
(h) Senior center employee.
(i) Information and referral or outreach worker.
(j) Licensed professional counselor or licensed marriage and
family therapist.
(k) Any public official who comes in contact with elderly
persons in the performance of the official's official duties.
Enrolled Senate Bill 83 (SB 83-A) Page 53
(L) Firefighter or emergency medical technician.
SECTION 30. ORS 124.100 is amended to read:
124.100. (1) As used in ORS 124.100 to 124.140:
(a) 'Elderly person' means a person 65 years of age or older.
(b) 'Financially incapable' has the meaning given that term in
ORS 125.005.
(c) 'Incapacitated' has the meaning given that term in ORS
125.005.
(d) 'Person with { - disabilities - } { + a disability + }
' means a person with a physical or mental impairment that:
(A) Is likely to continue without substantial improvement for
no fewer than 12 months or to result in death; and
(B) Prevents performance of substantially all the ordinary
duties of occupations in which an individual not having the
physical or mental impairment is capable of engaging, having due
regard to the training, experience and circumstances of the
person with the physical or mental impairment.
(e) 'Vulnerable person' means:
(A) An elderly person;
(B) A financially incapable person;
(C) An incapacitated person; or
(D) A person with { - disabilities - } { + a disability + }
who is susceptible to force, threat, duress, coercion, persuasion
or physical or emotional injury because of the person's physical
or mental impairment.
(2) A vulnerable person who suffers injury, damage or death by
reason of physical abuse or financial abuse may bring an action
against any person who has caused the physical or financial abuse
or who has permitted another person to engage in physical or
financial abuse. The court shall award the following to a
plaintiff who prevails in an action under this section:
(a) An amount equal to three times all economic damages, as
defined in ORS 31.710, resulting from the physical or financial
abuse, or $500, whichever amount is greater.
(b) An amount equal to three times all noneconomic damages, as
defined by ORS 31.710, resulting from the physical or financial
abuse.
(c) Reasonable attorney fees incurred by the plaintiff.
(d) Reasonable fees for the services of a conservator or
guardian ad litem incurred by reason of the litigation of a claim
brought under this section.
(3) An action may be brought under this section only by:
(a) A vulnerable person;
(b) A guardian, conservator or attorney-in-fact for a
vulnerable person;
(c) A personal representative for the estate of a decedent who
was a vulnerable person at the time the cause of action arose; or
(d) A trustee for a trust on behalf of the trustor or the
spouse of the trustor who is a vulnerable person.
(4) An action may be brought under this section only for
physical abuse described in ORS 124.105 or for financial abuse
described in ORS 124.110.
(5) An action may be brought under this section against a
person for permitting another person to engage in physical or
financial abuse if the person knowingly acts or fails to act
under circumstances in which a reasonable person should have
known of the physical or financial abuse.
(6) A person commencing an action under this section must serve
a copy of the complaint on the Attorney General within 30 days
after the action is commenced.
Enrolled Senate Bill 83 (SB 83-A) Page 54
SECTION 31. ORS 125.005 is amended to read:
125.005. As used in this chapter:
(1) 'Conservator' means a person appointed as a conservator
under the provisions of this chapter.
(2) 'Fiduciary' means a guardian or conservator appointed under
the provisions of this chapter or any other person appointed by a
court to assume duties with respect to a protected person under
the provisions of this chapter.
(3) 'Financially incapable' means a condition in which a person
is unable to manage financial resources of the person effectively
for reasons including, but not limited to, mental illness, mental
{ - deficiency - } { + retardation + }, physical illness or
disability, chronic use of drugs or controlled substances,
chronic intoxication, confinement, detention by a foreign power
or disappearance. 'Manage financial resources' means those
actions necessary to obtain, administer and dispose of real and
personal property, intangible property, business property,
benefits and income.
(4) 'Guardian' means a person appointed as a guardian under the
provisions of this chapter.
(5) 'Incapacitated' means a condition in which a person's
ability to receive and evaluate information effectively or to
communicate decisions is impaired to such an extent that the
person presently lacks the capacity to meet the essential
requirements for the person's physical health or safety. 'Meeting
the essential requirements for physical health and safety' means
those actions necessary to provide the health care, food,
shelter, clothing, personal hygiene and other care without which
serious physical injury or illness is likely to occur.
(6) 'Minor' means any person who has not attained 18 years of
age.
(7) 'Protected person' means a person for whom a protective
order has been entered.
(8) 'Protective order' means an order of a court appointing a
fiduciary or any other order of the court entered for the purpose
of protecting the person or estate of a respondent or protected
person.
(9) 'Protective proceeding' means a proceeding under this
chapter.
(10) 'Respondent' means a person for whom entry of a protective
order is sought in a petition filed under ORS 125.055.
(11) 'Visitor' means a person appointed by the court under ORS
125.150 for the purpose of interviewing and evaluating a
respondent or protected person.
SECTION 32. ORS 130.005 is amended to read:
130.005. (1) Except as provided in subsection (2) of this
section, this chapter applies to express trusts, whether
charitable or noncharitable, and to trusts created pursuant to a
statute or a judgment that requires that the trust be
administered in the manner of an express trust.
(2) This chapter does not apply to:
(a) A trust that is part of an employee benefit arrangement or
an individual retirement account.
(b) A trust account established under a qualified tuition
savings program pursuant to ORS 348.841 to 348.873.
(c) Trust accounts maintained on behalf of clients or customers
by licensed service professionals, including trust accounts
maintained by attorneys pursuant to rules of professional conduct
adopted under ORS 9.490 and by real estate brokers pursuant to
ORS 696.241.
Enrolled Senate Bill 83 (SB 83-A) Page 55
(d) An endowment care fund established by a cemetery authority
pursuant to ORS 97.810.
(e) Funds maintained by public bodies as defined by ORS 174.109
or other governmental entities.
(f) Trust funds held for a single business transaction or an
escrow arrangement.
(g) Trusts created by a depository agreement with a financial
institution.
(h) Trusts created by an account agreement with a regulated
financial services entity.
(i) An account maintained under the Oregon Uniform Transfers to
Minors Act as set forth in ORS 126.805 to 126.886.
(j) A fund maintained pursuant to court order in conjunction
with a bankruptcy proceeding or business liquidation.
(k) A business trust as described in ORS 128.560.
(L) A voting trust as described in ORS 60.254.
(m) Funds maintained to manage proceeds from class actions.
(n) A trust deed as defined in ORS 86.705 (5) or any other
trust created solely to secure the performance of an obligation.
(o) A trust established on behalf of a resident of a
residential facility under ORS 443.880.
(p) A trust managed by a nonprofit association for
{ - disabled - } persons { + with disabilities + } under 42
U.S.C. 1396p(d)(4)(C), as in effect on January 1, 2006, and under
the rules of the Department of Human Services.
(q) A resulting or constructive trust.
(r) A trust fund established for a purchaser who enters into a
prearrangement sales contract, as defined in ORS 97.923, or a
preconstruction sales contract, as defined in ORS 97.923.
SECTION 33. ORS 133.055 is amended to read:
133.055. (1) A peace officer may issue a criminal citation to a
person if the peace officer has probable cause to believe that
the person has committed a misdemeanor or has committed any
felony that is subject to misdemeanor treatment under ORS
161.705. The peace officer shall deliver a copy of the criminal
citation to the person. The criminal citation shall require the
person to appear at the court of the magistrate before whom the
person would be taken pursuant to ORS 133.450 if the person were
arrested for the offense.
(2)(a) Notwithstanding the provisions of subsection (1) of this
section, when a peace officer responds to an incident of domestic
disturbance and has probable cause to believe that an assault has
occurred between family or household members, as defined in ORS
107.705, or to believe that one such person has placed the other
in fear of imminent serious physical injury, the officer shall
arrest and take into custody the alleged assailant or potential
assailant.
(b) When the peace officer makes an arrest under paragraph (a)
of this subsection, the peace officer is not required to arrest
both persons.
(c) When a peace officer makes an arrest under paragraph (a) of
this subsection, the peace officer shall make every effort to
determine who is the assailant or potential assailant by
considering, among other factors:
(A) The comparative extent of the injuries inflicted or the
seriousness of threats creating a fear of physical injury;
(B) If reasonably ascertainable, the history of domestic
violence between the persons involved;
(C) Whether any alleged crime was committed in self-defense;
and
Enrolled Senate Bill 83 (SB 83-A) Page 56
(D) The potential for future assaults.
(3) Whenever any peace officer has reason to believe that a
family or household member, as defined in ORS 107.705, has been
abused as defined in ORS 107.705 or that an elderly person or a
person with { - disabilities - } { + a disability + } has
been abused as defined in ORS 124.005, that officer shall use all
reasonable means to prevent further abuse, including advising
each person of the availability of a shelter or other services in
the community and giving each person immediate notice of the
legal rights and remedies available. The notice shall consist of
handing each person a copy of the following statement:
_________________________________________________________________
IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR ABUSE, you can
ask the district attorney to file a criminal complaint. You also
have the right to go to the circuit court and file a petition
requesting any of the following orders for relief: (a) An order
restraining your attacker from abusing you; (b) an order
directing your attacker to leave your household; (c) an order
preventing your attacker from entering your residence, school,
business or place of employment; (d) an order awarding you or the
other parent custody of or parenting time with a minor child or
children; (e) an order restraining your attacker from molesting
or interfering with minor children in your custody; (f) an order
awarding you other relief the court considers necessary to
provide for your or your children's safety, including emergency
monetary assistance. Such orders are enforceable in every state.
You may also request an order awarding support for minor
children in your care or for your support if the other party has
a legal obligation to support you or your children.
You also have the right to sue for losses suffered as a result
of the abuse, including medical and moving expenses, loss of
earnings or support, and other out-of-pocket expenses for
injuries sustained and damage to your property. This can be done
without an attorney in small claims court if the total amount
claimed is under $3,500.
Similar relief may also be available in tribal courts.
For further information you may contact: ___.
_________________________________________________________________
SECTION 34. ORS 133.515 is amended to read:
133.515. { + (1) As used in this section:
(a) 'Person with a disability' means a person who cannot
readily understand or communicate the English language, or cannot
understand the proceedings or a charge made against the person,
or is incapable of presenting or assisting in the presentation of
a defense, because of deafness, or because of a physical hearing
impairment or physical speaking impairment.
(b) 'Qualified interpreter' means a person who is readily able
to communicate with the person with a disability, translate the
proceedings, and accurately repeat and translate the statements
of the person with a disability to the officer or other
person. + }
{ - (1) - } { + (2) + } Upon the arrest of a
{ - disabled - } person { + with a disability + } and before
interrogating or taking the statement of the
{ - disabled - } person { + with a disability + }, the
arresting peace officer, or when the arrest is by a private
person, the officer to whom the
Enrolled Senate Bill 83 (SB 83-A) Page 57
{ - disabled - } person { + with a disability + } is
delivered, shall make available to the { - disabled - }
person { + with a disability + }, at the earliest possible time,
a qualified interpreter to assist the
{ - disabled - } person { + with a disability + } throughout
the interrogation or taking of a statement.
{ - (2) - } { + (3) + } The public employer of the
arresting peace officer or officer to whom the { - disabled - }
person { + with a disability + } is delivered shall pay the fees
and expenses of the qualified interpreter if:
(a) The { - disabled - } person { + with a disability + },
subsequent to the arrest, makes a verified statement and provides
other information in writing under oath showing inability to
obtain a qualified interpreter, and provides any other
information required by the court having jurisdiction over the
offense for which the
{ - disabled - } person { + with a disability + } was
arrested concerning the inability to obtain such an interpreter;
and
(b) It appears to the court that the { - disabled - } person
{ + with a disability + } was without means and was unable to
obtain a qualified interpreter.
{ - (3) As used in this section: - }
{ - (a) 'Disabled person' means a person who cannot readily
understand or communicate the English language, or cannot
understand the proceedings or a charge made against the person,
or is incapable of presenting or assisting in the presentation of
a defense, because of deafness, or because of a physical hearing
impairment or physical speaking impairment. - }
{ - (b) 'Qualified interpreter' means a person who is readily
able to communicate with the disabled person, translate the
proceedings, and accurately repeat and translate the statements
of the disabled person to the officer or other person. - }
SECTION 35. ORS 135.703 is amended to read:
135.703. (1) When a defendant is charged with a crime
punishable as a misdemeanor for which the person injured by the
act constituting the crime has a remedy by a civil action, the
crime may be compromised, as provided in ORS 135.705, except when
it was committed:
(a) By or upon a peace officer while in the execution of the
duties of office;
(b) Riotously;
(c) With an intent to commit a crime punishable only as a
felony; or
(d) By one family or household member upon another family or
household member, as defined in ORS 107.705, or by a person upon
an elderly person or a person with { - disabilities - } { + a
disability + } as defined in ORS 124.005 and the crime was:
(A) Assault in the fourth degree under ORS 163.160;
(B) Assault in the third degree under ORS 163.165;
(C) Menacing under ORS 163.190;
(D) Recklessly endangering another person under ORS 163.195;
(E) Harassment under ORS 166.065; or
(F) Strangulation under ORS 163.187.
(2) Notwithstanding subsection (1) of this section, when a
defendant is charged with violating ORS 811.700, the crime may be
compromised as provided in ORS 135.705.
SECTION 36. ORS 144.226 is amended to read:
144.226. (1) Any person sentenced under ORS 161.725 and 161.735
as a dangerous offender shall within 120 days prior to the parole
Enrolled Senate Bill 83 (SB 83-A) Page 58
consideration hearing under ORS 144.228 or the last day of the
required incarceration term established under ORS 161.737 and at
least every two years thereafter be given a complete mental and
psychiatric or psychological examination by a psychiatrist or
psychologist appointed by the State Board of Parole and
Post-Prison Supervision. Within 60 days after the examination,
the examining psychiatrist or psychologist shall file a written
report of findings and conclusions relative to the examination
with the Director of the Department of Corrections and
chairperson of the State Board of Parole and Post-Prison
Supervision.
(2) The examining psychiatrist or psychologist shall include in
the report a statement as to whether or not in the psychiatrist's
or psychologist's opinion the convicted person has { + mental
retardation or + } any mental or emotional disturbance,
{ - deficiency, - } condition or disorder predisposing the
person to the commission of any crime to a degree rendering the
examined person a danger to the health or safety of others. The
report shall also contain any other information which the
examining psychiatrist or psychologist believes will aid the
State Board of Parole and Post-Prison Supervision in determining
whether the examined person is eligible for release. The report
shall also state the progress or changes in the condition of the
examined person as well as any recommendations for treatment. A
certified copy of the report shall be sent to the convicted
person, to the convicted person's attorney and to the executive
officer of the Department of Corrections institution in which the
convicted person is confined.
SECTION 37. ORS 167.352 is amended to read:
167.352. (1) A person commits the crime of interfering with an
assistance, a search and rescue or a therapy animal if the person
intentionally or knowingly:
(a) Injures or attempts to injure an animal the person knows or
reasonably should know is an assistance animal, a search and
rescue animal or a therapy animal;
(b) Interferes with an assistance animal while the assistance
animal is being used to provide assistance to a { - physically
impaired - } person { + with a physical impairment + }; or
(c) Interferes with a search and rescue animal or a therapy
animal while the animal is being used for search and rescue or
therapy purposes.
(2) As used in this section, 'assistance animal' and '
{ - physically impaired - } person { + with a physical
impairment + } ' have the meanings given those terms in ORS
346.680.
(3) As used in this section and ORS 30.822:
(a) 'Search and rescue animal' means that the animal has been
professionally trained for, and is actively used for, search and
rescue purposes.
(b) 'Therapy animal' means that the animal has been
professionally trained for, and is actively used for, therapy
purposes.
(4) Interfering with an assistance, a search and rescue or a
therapy animal is a Class A misdemeanor.
SECTION 38. ORS 169.750 is amended to read:
169.750. { - No - } { + A + } juvenile detention facility
{ - shall - } { + may not + }:
(1) Impose upon a detained juvenile for purposes of discipline
or punishment any infliction of or threat of physical injury or
Enrolled Senate Bill 83 (SB 83-A) Page 59
pain, deliberate humiliation, physical restraint, withholding of
meals, or isolation, or detention under conditions
{ - which - } { + that + } violate the provisions of
subsections (2) to (8) of this section, ORS 169.076 (7) to (11),
(13) or (14) or 169.740;
(2) Use any physical force, other means of physical control or
isolation upon a detained juvenile except as reasonably necessary
and justified to prevent escape from the facility, physical
injury to another person, to protect a detained juvenile from
physical self-injury or to prevent destruction of property, or to
effectuate the confinement of the juvenile in roomlock or
isolation as provided for in ORS 169.090, 169.730 to 169.800,
419A.050 and 419A.052, and for only so long as it appears that
{ - said - } { + the + } danger exists. { - No - }
{ + A + } use of force or other physical means of control
{ - shall - } { + may not + } employ:
(a) The use of restraining devices for a purpose other than to
prevent physical injury or escape, or, in any case, for a period
in excess of six hours. However, the time during which a detained
juvenile is being transported to another facility pursuant to
court order shall not be counted within the six hours; or
(b) Isolation for a period in excess of six hours;
(3) Use roomlock except for the discipline and punishment of a
detained juvenile for violation of a rule of conduct or behavior
of the facility as provided for in ORS 169.076 (12) or for
conduct
{ - which - } { + that + } constitutes a crime under the laws
of this state or
{ - which - } { + that + } would justify physical force,
control or isolation under subsection (2) of this section;
(4) Cause to be made an internal examination of a detained
juvenile's anus or vagina, except upon probable cause that
contraband, as defined in ORS 162.135 (1), will be found upon
such examination and then only by a licensed physician or a
nurse;
(5)(a) Administer to any detained juvenile medication, except
upon the informed consent of the juvenile or in the case of an
imminent threat to the life of the juvenile or where the juvenile
has a contagious or communicable disease that poses an imminent
threat to the health of other persons in the facility. However,
{ - in no case shall - } prescription medication { + may
not + } be administered except upon a written prescription or
written order by a licensed physician or licensed dentist and
administered by a licensed physician, licensed dentist or other
medical personnel authorized by the State of Oregon under ORS
chapter 677, 678 or 679 to administer medication. Facility staff
not otherwise authorized by law to administer medications may
administer noninjectable medications in accordance with rules
adopted by the Oregon State Board of Nursing pursuant to ORS
678.150 (9);
(b) Nonmedical personnel shall receive training for
administering medications, including recognition of and response
to drug reactions and unanticipated side effects, from the
responsible physician or nurse and the official responsible for
the facility. All personnel shall be responsible for
administering the dosage medications according to orders and for
recording the administrations of the dosage in a manner and on a
form approved by the responsible physician; and
(c) Notwithstanding any other provision of law, { - no - }
medication { - shall - } { + may not + } be administered
Enrolled Senate Bill 83 (SB 83-A) Page 60
unless a registered nurse or physician is either physically on
the premises or readily available by telephone and within 30
minutes travel time of the patient;
(6) Administer to any detained juvenile any medication or
medical procedure for purposes of experimentation;
(7) Discipline or punish any juvenile for conduct or behavior
by roomlock, for a period in excess of 12 hours, or by denial of
any privilege, regularly awarded other detained adults or
juveniles, for more than one day, except after:
(a) Advising the juvenile in writing of the alleged offensive
conduct or behavior;
(b) Providing the juvenile the opportunity to a hearing before
a staff member who was not a witness to the alleged offensive
conduct or behavior;
(c) Providing the juvenile the opportunity to produce witnesses
and evidence and to cross-examine witnesses;
(d) Providing the detained juvenile the opportunity to testify,
at the sole option of the juvenile; and
(e) A finding that the alleged conduct or behavior was proven
by a preponderance of the evidence and that it violated a rule of
conduct or behavior of the facility as provided for in ORS
169.076 (12) or constituted a crime under the laws of this state;
and
(8) Detain juveniles { - who are emotionally disturbed,
mentally retarded or physically handicapped - } { + with
emotional disturbances, mental retardation or physical
disabilities + } on the same charges and circumstances for which
other juveniles would have been released or provided with another
alternative.
SECTION 39. ORS 174.107 is amended to read:
174.107. (1) As used in the statute laws of this state,
{ - ' disabled person' - } { + ' person with a
disability' + } means any person who:
(a) Has a physical or mental impairment which substantially
limits one or more major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
(2) Specific types of { - disability - }
{ + disabilities + } shall be considered subcategories under the
definition of { - disabled - } person { + with a
disability + }.
SECTION 40. ORS 176.050 is amended to read:
176.050. (1) Whenever a Governor who is unable to discharge the
duties of the office believes that the Governor's disability has
been removed, the Governor may call a conference consisting of
the three persons referred to as members of such a conference in
ORS 176.040 (1). The three members of the conference shall
examine the { - disabled - } Governor. After the examination
they shall conduct a secret ballot and by unanimous vote may find
the disability removed.
(2) The finding of or failure to find the disability removed
shall be made public.
SECTION 41. ORS 179.325 is amended to read:
179.325. The Department of Human Services may order the change,
in all or part, of the purpose and use of any state institution
being used as an institution for the care and treatment of
{ - the mentally ill or mentally retarded - } { + persons with
mental illness or mental retardation + } in order to care for
persons committed to its custody whenever the department
determines that a change in purpose and use will better enable
Enrolled Senate Bill 83 (SB 83-A) Page 61
the state to meet its responsibilities to { - the mentally ill
and mentally retarded - } { + persons with mental illness or
mental retardation + }. In determining whether to order the
change, the department shall consider changes in the number and
source of the admissions of { - mentally ill and mentally
retarded - } persons { + with mental illness or mental
retardation + }.
SECTION 42. ORS 179.450 is amended to read:
179.450. The Department of Corrections may direct the
employment of able-bodied persons at the Department of
Corrections institutions and the Department of Human Services may
direct the employment of able-bodied persons at institutions for
{ - the mentally ill or mentally deficient - } { + persons
with mental illness or mental retardation + }, in the performance
of useful work upon land owned by the state if it does not
compete with free labor. { - No - } Work { - shall - }
{ + may not + } be performed upon any such land except by
consent and approval of the agency of the state having management
of the land.
SECTION 43. ORS 179.473 is amended to read:
179.473. (1) Whenever the health and welfare of the person and
the efficient administration of the institution
{ - requires - } { + require + } the transfer of an inmate of a
Department of Corrections institution or a youth offender in a
youth correction facility to another institution:
(a) The Department of Corrections or the Oregon Youth
Authority, with the consent of the Department of Human Services,
may transfer a person at any institution under its jurisdiction
to an institution for { - the mentally retarded - } { +
persons with mental retardation + }, or, with the consent of the
Oregon Health and Science University, to the Oregon Health and
Science University.
(b) The Department of Corrections may transfer an inmate of a
Department of Corrections institution to a state mental hospital
listed in ORS 426.010 for evaluation and treatment pursuant to
rules adopted jointly by the Department of Corrections and the
Department of Human Services.
(c) The Oregon Youth Authority may transfer a youth offender or
other person confined in a youth correction facility to a
hospital or facility designated by the Department of Human
Services for evaluation and treatment pursuant to rules adopted
jointly by the Oregon Youth Authority and the Department of Human
Services.
(d) Except as provided in subsection (2) of this section, the
Department of Corrections or the Oregon Youth Authority may make
a transfer of a person from any institution under the
jurisdiction of the department or authority to any other
institution under the jurisdiction of the department or
authority.
(2) A youth offender in a youth correction facility may not be
transferred to a Department of Corrections institution under
subsection (1) of this section. A youth offender in a youth
correction facility who has been transferred to another
institution may not be transferred from such other institution to
a Department of Corrections institution.
(3) The rules adopted under subsection (1)(b) and (c) of this
section must:
(a) Provide the inmate or youth offender with the rights to
which persons are entitled under ORS 179.485.
Enrolled Senate Bill 83 (SB 83-A) Page 62
(b) Provide that a transfer of an inmate or a youth offender to
the Department of Human Services for stabilization and evaluation
for treatment may not exceed 30 days unless the transfer is
extended pursuant to a hearing required by paragraph (c) of this
subsection.
(c) Provide for an administrative commitment hearing if:
(A) The Department of Human Services determines that
administrative commitment for treatment for a mental illness is
necessary or advisable or that the Department of Human Services
needs more than 30 days to stabilize or evaluate the inmate or
youth offender for treatment; and
(B) The inmate or youth offender does not consent to the
administrative commitment or an extension of the transfer.
(d) Provide for, at a minimum, all of the following for the
administrative commitment hearing process:
(A) Written notice to the inmate or youth offender that an
administrative commitment to a state mental hospital listed in
ORS 426.010 or a hospital or facility designated by the
Department of Human Services or an extension of the transfer is
being considered. The notice required by this subparagraph must
be provided far enough in advance of the hearing to permit the
inmate or youth offender to prepare for the hearing.
(B) Disclosure to the inmate or youth offender, at the hearing,
of the evidence that is being relied upon for the administrative
commitment or the extension of the transfer.
(C) An opportunity, at the hearing, for the inmate or youth
offender to be heard in person and to present documentary
evidence.
(D) An opportunity, at the hearing, for the inmate or youth
offender to present the testimony of witnesses and to confront
and cross-examine witnesses called by the state. The opportunity
required by this subparagraph may be denied upon a finding by the
decision maker of good cause for not permitting the inmate or
youth offender to present the testimony of witnesses or confront
or cross-examine witnesses called by the state.
(E) An independent decision maker for the hearing.
(F) A written statement by the decision maker of the evidence
relied upon by the decision maker and the reasons for
administratively committing the inmate or youth offender or
extending the transfer.
(G) A qualified and independent assistant for the inmate or
youth offender to be provided by the state if the inmate or youth
offender is financially unable to provide one.
(H) Effective and timely notice of the procedures required by
subparagraphs (A) to (G) of this paragraph.
(e) Provide that an inmate or a youth offender may not be
administratively committed involuntarily unless the independent
decision maker finds by clear and convincing evidence that the
inmate or youth offender is a mentally ill person as defined in
ORS 426.005.
(f) Provide that the duration of an administrative commitment
pursuant to an administrative commitment hearing be no more than
180 days unless the administrative commitment is renewed in a
subsequent administrative commitment hearing. Notwithstanding
this paragraph, an administrative commitment may not continue
beyond the term of incarceration to which the inmate was
sentenced or beyond the period of time that the youth offender
may be placed in a youth correction facility.
SECTION 44. ORS 179.478 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 63
179.478. (1) If the person, a relative, guardian or friend, or
institution staff have probable cause to believe that an inmate
or youth offender is { - mentally retarded - } { + a person
with mental retardation + } to such a degree that the inmate or
youth offender cannot adjust to or benefit from the Department of
Corrections institution or youth correction facility, the
superintendent of the institution shall request that a diagnostic
assessment be performed by the Department of Human Services or
its designee. If there is probable cause to believe that the
inmate or youth offender is { - mentally retarded - } { + a
person with mental retardation + } and otherwise eligible for
admission to a state { - hospital and - } training center
{ - for the mentally retarded - } pursuant to ORS 427.010 and
other applicable statutes and rules of the Department of Human
Services, the person shall be entitled to a commitment hearing.
(2) If the inmate or youth offender is by clear and convincing
evidence determined by the court to be { - mentally
retarded - } { + a person with mental retardation + }, the
person shall be committed and transferred to a { - hospital
and - } training center designated by the Department of Human
Services as soon as space in an appropriate unit is available,
and any sentence to a Department of Corrections institution or
commitment to the youth correction facility shall be terminated.
SECTION 45. ORS 179.485 is amended to read:
179.485. Persons transferred to a state institution for
{ - the mentally ill or the mentally retarded - } { + persons
with mental illness or mental retardation + } under ORS 179.473,
179.478 { - , 179.485 - } and 420.505 shall be entitled to the
same legal rights as any other persons admitted to those
institutions.
SECTION 46. ORS 181.550 is amended to read:
181.550. (1) All law enforcement agencies shall report to the
Department of State Police statistics concerning crimes:
(a) As directed by the department, for purposes of the Uniform
Crime Reporting System of the Federal Bureau of Investigation.
(b) As otherwise directed by the Governor concerning general
criminal categories of criminal activities but not individual
criminal records.
(c) Motivated by prejudice based on the perceived race, color,
religion, national origin, sexual orientation, marital status,
political affiliation or beliefs, membership or activity in or on
behalf of a labor organization or against a labor organization,
physical or mental { - handicap - } { + disability + }, age,
economic or social status or citizenship of the victim.
(d) And other incidents arising out of domestic disturbances
under ORS 133.055 (2) and 133.310 (3).
(2) The department shall prepare:
(a) Quarterly and annual reports for the use of agencies
reporting under subsection (1) of this section, and others having
an interest therein;
(b) An annual public report of the statistics on the incidence
of crime motivated by prejudice based on the perceived race,
color, religion, national origin, sexual orientation, marital
status, political affiliation or beliefs, membership or activity
in or on behalf of a labor organization or against a labor
organization, physical or mental { - handicap - } { +
disability + }, age, economic or social status or citizenship of
the victim;
(c) Quarterly and annual reports of the statistics on the
incidence of crimes and incidents of domestic disturbances; and
Enrolled Senate Bill 83 (SB 83-A) Page 64
(d) Special reports as directed by the Governor.
SECTION 47. ORS 181.642 is amended to read:
181.642. The Board on Public Safety Standards and Training
shall ensure that all police officers and certified reserve
officers are trained to:
(1) Investigate, identify and report crimes:
(a) Motivated by prejudice based on the perceived race, color,
religion, national origin, sexual orientation, marital status,
political affiliation or beliefs, membership or activity in or on
behalf of a labor organization or against a labor organization,
physical or mental { - handicap - } { + disability + }, age,
economic or social status or citizenship of the victim; and
(b) That constitute abuse, as defined in ORS 419B.005, or
domestic violence.
(2) Understand the requirements of the Vienna Convention on
Consular Relations and identify situations in which the officers
are required to inform a person of the person's rights under the
convention.
SECTION 48. ORS 182.109 is amended to read:
182.109. In carrying out the policies stated in ORS 410.710,
state agencies shall:
(1) Review their rules and policies and may revise them as
necessary to reflect a positive approach to persons with
disabilities.
(2) Encourage and promote education of state employees, state
officials and the public in general about the worth and capacity
of persons with disabilities.
(3) In all state correspondence and publications, avoid the use
of stereotypes and negative labels such as 'victim, ' '
afflicted,' 'crippled' and 'handicapped' except as such terms
{ - as - } { + are + } required by statute or federal law and
regulation.
(4) Use the preferred and more positive term 'person with
{ - disabilities - } { + a disability + } ' instead of
'disabled person, ' ' handicapped' or other negative words except
as such terms { - as - } { + are + } required by statute or
federal law and regulation.
(5) In implementing subsections (1) to (4) of this section,
develop and seek input regarding terminology and portrayal of
persons with disabilities from persons who have disabilities and
their advocates.
(6) Foster corrective measures and avoid stereotypes and
negative labeling in texts used by schools, newspapers,
magazines, radio and television by encouraging review and
analysis of these media by publishers, company owners or
appropriate agencies.
(7) Use the term 'person with { - disabilities - } { + a
disability + } ' to the extent consistent with state and federal
law in rules adopted on or after January 1, 2006.
SECTION 49. ORS 185.110 is amended to read:
185.110. As used in ORS 185.110 to 185.230, unless the context
requires otherwise:
(1) 'Advocate self-help group' means any organized group of
individuals with disabilities who have joined together for
purposes of informing the public of their needs and obtaining
resources, services and benefits for their membership.
(2) 'Consumer' means an individual with a disability, or a
parent or legal guardian, other than the State of Oregon, of an
individual with a disability, who utilizes the services made
Enrolled Senate Bill 83 (SB 83-A) Page 65
available by public and private organizations which serve
individuals with disabilities.
(3) ' { - Disabled - } Individual { + with a disability + }
' means anyone who:
(a) Has a physical or mental impairment which substantially
limits one or more of the individual's major life activities;
(b) Has a record of such impairment; or
(c) Is regarded as having such an impairment.
(4) 'Sign language interpreter' means a person who is readily
able to communicate with a { - hard-of-hearing - } person { +
who is hard of hearing + }, translate proceedings or
conversations and accurately repeat and translate the statements
of a
{ - hard-of-hearing - } person { + who is hard of
hearing + }.
SECTION 50. ORS 185.140 is amended to read:
185.140. (1) The Oregon Disabilities Commission shall:
(a) Advise the Department of Human Services, the Governor, the
Legislative Assembly and appropriate state agency administrators
on services and resources needed to serve
{ - disabled - } individuals { + with disabilities + } and
recommend action by the Governor, the Legislative Assembly, state
agencies, other governmental entities and the private sector
appropriate to meet such needs.
(b) Advise the Governor, state and local elected officials and
managers of public and private firms and agencies on issues
related to achieving full economic, social, legal and political
equity for individuals with disabilities.
(2) The commission in no way shall impinge upon the authority
or responsibilities of any other existing or duly appointed
commissions, boards, councils or committees. The commission shall
act as a coordinating link between and among public and private
organizations serving { - disabled - } individuals { + with
disabilities + }.
SECTION 51. ORS 185.225 is amended to read:
185.225. The State Board of Education shall adopt by rule
standards for sign language interpreters for { - the deaf and
hard-of-hearing - } { + persons + } in the public schools { +
who are deaf or hard of hearing + }. In developing the standards,
the state board shall consult with the advisory committee created
under ORS 410.740 and the Director of Human Services.
SECTION 52. ORS 192.630 is amended to read:
192.630. (1) All meetings of the governing body of a public
body shall be open to the public and all persons shall be
permitted to attend any meeting except as otherwise provided by
ORS 192.610 to 192.690.
(2) A quorum of a governing body may not meet in private for
the purpose of deciding on or deliberating toward a decision on
any matter except as otherwise provided by ORS 192.610 to
192.690.
(3) A governing body may not hold a meeting at any place where
discrimination on the basis of race, creed, color, sex, age,
national origin or disability is practiced. However, the fact
that organizations with restricted membership hold meetings at
the place does not restrict its use by a public body if use of
the place by a restricted membership organization is not the
primary purpose of the place or its predominate use.
(4) Meetings of the governing body of a public body shall be
held within the geographic boundaries over which the public body
has jurisdiction, or at the administrative headquarters of the
Enrolled Senate Bill 83 (SB 83-A) Page 66
public body or at the other nearest practical location. Training
sessions may be held outside the jurisdiction as long as no
deliberations toward a decision are involved. A joint meeting of
two or more governing bodies or of one or more governing bodies
and the elected officials of one or more federally recognized
Oregon Indian tribes shall be held within the geographic
boundaries over which one of the participating public bodies or
one of the Oregon Indian tribes has jurisdiction or at the
nearest practical location. Meetings may be held in locations
other than those described in this subsection in the event of an
actual emergency necessitating immediate action.
(5)(a) It is discrimination on the basis of disability for a
governing body of a public body to meet in a place inaccessible
to
{ - the disabled - } { + persons with disabilities + }, or,
upon request of a
{ - deaf or hard-of-hearing - } person { + who is deaf or
hard of hearing + }, to fail to make a good faith effort to have
an interpreter for
{ - deaf or hard-of-hearing - } persons { + who are deaf or
hard of hearing + } provided at a regularly scheduled meeting.
The sole remedy for discrimination on the basis of disability
shall be as provided in ORS 192.680.
(b) The person requesting the interpreter shall give the
governing body at least 48 hours' notice of the request for an
interpreter, shall provide the name of the requester, sign
language preference and any other relevant information the
governing body may request.
(c) If a meeting is held upon less than 48 hours' notice,
reasonable effort shall be made to have an interpreter present,
but the requirement for an interpreter does not apply to
emergency meetings.
(d) If certification of interpreters occurs under state or
federal law, the Department of Human Services or other state or
local agency shall try to refer only certified interpreters to
governing bodies for purposes of this subsection.
(e) As used in this subsection, 'good faith effort ' includes,
but is not limited to, contacting the department or other state
or local agency that maintains a list of qualified interpreters
and arranging for the referral of one or more such persons to
provide interpreter services.
SECTION 53. ORS 194.578 is amended to read:
194.578. (1) As used in this section, ' { - blind - }
person { + who is blind + } ' and ' { - visually impaired
individual - } { + person with a visual impairment + } ' have
the meanings given those terms in ORS 346.110.
(2) Notwithstanding any provision of ORS 194.005 to 194.200 or
ORS 194.505 to 194.595:
(a) A { - blind - } person { + who is blind + }, a
{ - visually impaired individual - } { + person with a visual
impairment + } or a person with a disability who is unable to
sign any document because of the disability may use a signature
stamp whenever the signature of the person is required on any
document presented for notarization;
(b) In performing any notarial act involving the signature of a
person described in paragraph (a) of this subsection, a notarial
officer, in the manner prescribed by the Secretary of State by
rule, shall witness the use of the signature stamp and accept the
stamp in lieu of the signature of the person; and
Enrolled Senate Bill 83 (SB 83-A) Page 67
(c) The notarial certificate of an act signed with a signature
stamp shall contain the phrase 'signed by stamp before me' or
words to that effect.
SECTION 54. ORS 197.663 is amended to read:
197.663. The Legislative Assembly finds and declares that:
(1) It is the policy of this state that { - disabled - }
persons { + with disabilities + } and elderly persons are
entitled to live as normally as possible within communities and
should not be excluded from communities because their disability
or age requires them to live in groups;
(2) There is a growing need for residential homes and
residential facilities to provide quality care and protection for
{ - disabled - } persons { + with disabilities + } and
elderly persons and to prevent inappropriate placement of such
persons in state institutions and nursing homes;
(3) It is often difficult to site and establish residential
homes and residential facilities in the communities of this
state;
(4) To meet the growing need for residential homes and
residential facilities, it is the policy of this state that
residential homes and residential facilities shall be considered
a residential use of property for zoning purposes; and
(5) It is the policy of this state to integrate residential
facilities into the communities of this state. The objective of
integration cannot be accomplished if residential facilities are
concentrated in any one area.
SECTION 55. ORS 206.315 is amended to read:
206.315. (1) A sheriff is entitled to receive from the county
the actual and necessary expenses of the sheriff incurred in
transporting and conveying convicts and parole violators to a
Department of Corrections institution and { - mentally ill - }
persons { + with mental illness + } to a state mental hospital
when conveyed by the sheriff in pursuance of the adjudication of
an authorized tribunal of the state, to be audited and allowed as
other claims against the county.
(2) All counties are entitled to receive reimbursement from the
state in the amounts specified in subsection (3) of this section
for the actual and necessary expenses incurred by the sheriff
under subsection (1) of this section.
(3) Reimbursement by the state under subsection (2) of this
section shall be as follows:
(a) Full reimbursement for transporting and conveying
{ - mentally ill - } persons { + with mental illness + } to a
state mental hospital.
(b) Full reimbursement for returning a parole violator to the
state penitentiary.
(c) Seventy-five percent reimbursement for transporting and
conveying a convict to a Department of Corrections institution.
SECTION 56. ORS 236.010 is amended to read:
236.010. (1) An office shall become vacant before the
expiration of the term if:
(a) The incumbent dies, resigns or is removed.
(b) The incumbent ceases to be an inhabitant of the district,
county or city for which the incumbent was elected or appointed,
or within which the duties of the office of the incumbent are
required to be discharged.
(c) The incumbent is convicted of an infamous crime, or any
offense involving the violation of the oath of the incumbent.
(d) The incumbent refuses or neglects to take the oath of
office, or to give or renew the official bond of the incumbent,
Enrolled Senate Bill 83 (SB 83-A) Page 68
or to deposit such oath or bond within the time prescribed by
law.
(e) The election or appointment of the incumbent is declared
void by a competent tribunal.
(f) The incumbent is found to be a { - mentally diseased - }
person { + with a mental illness + } by the decision of a
competent tribunal.
(g) The incumbent ceases to possess any other qualification
required for election or appointment to such office.
(h) Appointment of the incumbent is subject to Senate
confirmation under section 4, Article III of the Oregon
Constitution { + , + } and the appointment is not confirmed.
(2) The provisions of subsection (1)(b) of this section
{ - shall - } { + do + } not apply { - where - }
{ + when + } residence within the district, county or city for
which the incumbent was elected or appointed is not required for
such election or appointment.
SECTION 57. ORS 238.350 is amended to read:
238.350. (1)(a) Upon the request by a public employer that its
employees be compensated for accumulated unused sick leave with
pay in the form of increased retirement benefits upon service or
disability retirement, the board shall establish a procedure for
adding to the gross amount of salary used in determining final
average salary the monetary value of one-half of the accumulated
unused sick leave with pay of each retiring employee of the
requesting public employer and shall establish benefits of the
retiring employee on the basis of a final average salary
reflecting that addition.
(b) For employees of a common school district, a union high
school district, an education service district or a community
college, or employees of the State Board of Higher Education
engaged in teaching or other school activity at an institution of
higher education, or employees of state schools for { - the - }
{ + persons who are + } deaf or blind engaged in teaching or
other school activity, who are employed under contract for a
period of less than 12 consecutive months and who are entitled to
sick leave with pay of less than 96 hours for a year, each hour
of accumulated unused sick leave with pay shall be valued on the
basis of the actual number of contract hours of employment during
the last year of contributing membership of an employee before
retiring and the salary of the employee during the same period.
This paragraph does not apply to any employee who is employed
under contract for 12 consecutive months in any of the three or
less years used in determining the final average salary of the
employee.
(c) For the purpose of this subsection, accumulated unused sick
leave with pay includes unused sick leave with pay accumulated by
an active member of the system while in the service of any public
employer participating in the system that has the request
described in paragraph (a) of this subsection in effect at the
time of the member's separation from the service of the employer,
whether that employer is or is not the employer of the member at
the time of the member's retirement.
(d) The board shall establish rules requiring all public
employers participating in the system to transmit to the board
reports of unused sick leave with pay accumulated by their
employees who are members of the system and to provide timely
notification to each of those employees of unused sick leave with
pay accumulated by the employee and reported to the board.
Enrolled Senate Bill 83 (SB 83-A) Page 69
(2) Accumulated unused sick leave with pay may be considered
for the purpose of subsection (1) of this section only in
accordance with the following requirements:
(a) Sick leave not credited at the rate actually provided by
the public employer may not be considered. The amount of sick
leave exceeding an amount credited at the lowest rate in effect
for any employee of the public employer who is normally entitled
to sick leave, and in any event exceeding an amount credited at a
rate of eight hours for each full month worked, may not be
considered.
(b) Sick leave credited for periods when an employee was absent
from employment on sabbatical leave, educational leave or any
leave without pay may not be considered.
(c) Any period during which an employee was absent from
employment for illness or injury that was charged against sick
leave not qualified for consideration shall be deducted from sick
leave qualified for consideration.
(d) Sick leave for any period for which the public employer
provides no sick leave with pay for its employees may not be
considered.
(e) Sick leave accumulated on and after July 1, 1973, may be
considered only to the extent it is supported by records of
accumulation and use pursuant to a plan adopted formally by the
public employer.
(f) Accumulated unused sick leave for periods before July 1,
1973, may be considered as follows:
(A) If any department, bureau or other organizational unit of a
public employer maintained formal records of accumulation and use
even though the public employer did not require that those
records be maintained, the accumulated unused sick leave shall be
considered according to those records.
(B) Where the public employer provided sick leave before July
1, 1973, but formal records of accumulation and use were not
required or if required, are unavailable or incomplete, or the
sick leave was subject to administrative limitations on total
accumulation or transfer between public employers, accumulated
unused sick leave for periods before July 1, 1973, may be
considered as equal to 2.675 hours for each full month worked or
an amount per month equal to the average monthly accumulation by
an employee during the period beginning July 1, 1973, and ending
at the time of retirement, whichever amount is greater, but
reduced by the amount of any accumulated unused sick leave
credited to the employee on July 1, 1973.
(g) The written certification of a member or former member of
the Legislative Assembly shall constitute a formal record of
accumulation and use in determining the amount of accumulated
unused sick leave of an employee of the Legislative Assembly,
either of its houses or any of its committees or officers for
periods of employment before July 1, 1981. Sick leave accumulated
on and after July 1, 1981, by employees of the Legislative
Assembly, either of its houses or any of its committees or
officers may be considered only to the extent it is supported by
records of accumulation and use maintained by the Legislative
Administration Committee, or any statutory, standing, special or
interim committee of the Legislative Assembly or either house
thereof, or any constitutional or statutory office of the
Legislative Assembly or either house thereof, pursuant to a plan
adopted formally by the committee or officer.
(3)(a) As used in this subsection, 'legislative employee '
means any person employed by the Legislative Assembly, either of
Enrolled Senate Bill 83 (SB 83-A) Page 70
its houses or any of its committees or officers, but does not
include a regular employee of a statutory committee or statutory
office of the Legislative Assembly described in ORS 173.005 (1).
(b) Upon the request of a retiring legislative employee who is
a member of the system, and the request of the public employer of
the legislative employee, that the legislative employee be
compensated for accumulated unused vacation with pay for periods
of legislative employment in the form of increased retirement
benefits upon service or disability retirement, the board shall
add to the gross amount of salary used in determining final
average salary of the legislative employee the monetary value of
one-half of the accumulated unused vacation with pay of the
legislative employee and shall establish the benefits of the
legislative employee on the basis of a final average salary
reflecting that addition.
(c) Accumulated unused vacation with pay may be considered for
the purposes of paragraph (b) of this subsection only in
accordance with the following requirements:
(A) Vacation not credited at the rate actually provided by the
public employer may not be considered.
(B) Amounts of vacation exceeding amounts creditable to
employees in the classified service of the state service pursuant
to ORS 240.515 (1), and rules adopted pursuant thereto, in effect
on June 30, 1981, shall not be considered.
(C) Vacation accumulated before, on and after July 1, 1981, may
be considered only to the extent it is supported by records of
accumulation and use pursuant to a plan adopted formally by the
public employer. However, the written certification of a member
or former member of the Legislative Assembly shall constitute a
formal record of accumulation and use in determining the amount
of accumulated unused vacation of a legislative employee for
periods of legislative employment before July 1, 1981.
(4) Employers with plans providing payments on account of
sickness in lieu of sick leave with pay may request the board to
consider the monetary value of accumulated unused payments on
account of sickness as if such payments were an equivalent amount
of accumulated unused sick leave with pay under the same terms
and conditions specified in subsections (1) and (2) of this
section.
SECTION 58. ORS 254.435 is amended to read:
254.435. (1) Subject to ORS 254.485, { - no - } { + a + }
person { - shall - } { + may not + } take an official ballot
from the polling place, except a board clerk may take a ballot to
{ - a handicapped - } { + an + } elector { + with a
disability + } offering to vote immediately outside the polling
place.
(2) An elector who does not vote the ballot before leaving the
polling place shall return the ballot to a board clerk. The clerk
shall write on the stub 'Not voted' and initial the stub. The
clerk then shall treat the stub and the ballot as a spoiled
ballot. The clerk shall draw a line with pen and ink in the poll
book across the signature of the elector and write the words 'Not
voted. '
SECTION 59. ORS 267.240 is amended to read:
267.240. (1) In carrying out its duties under ORS 267.200, the
district shall provide { + , for persons who are elderly or have
disabilities, + } a program of transportation { - for persons
who are elderly or disabled, which - } { + that + }:
Enrolled Senate Bill 83 (SB 83-A) Page 71
(a) Is devised in consultation with and after solicitation of
the views of persons representative of the communities for which
such transportation shall be provided; and
(b) Gives due regard to parity of service.
(2) In carrying out its duties under ORS 267.200 (4), the
district shall cause its future facilities and new equipment to
be of such types as to make such facilities and equipment
accessible to, and usable by, persons who are elderly or
{ - disabled - } { + have disabilities + }. However, contracts
for equipment are exempt from this requirement until such
equipment:
(a) Is available from not less than two manufacturers in mass
producible quantities; and
(b) Conforms to designs approved by the Federal Transit
Administration of the United States Department of Transportation
as providing access to and being usable by persons who are
elderly or { - disabled - } { + have disabilities + }.
(3) Notwithstanding subsection (2) of this section or any other
provision of the law of this state, a program for transportation
of persons who are elderly or { - disabled - } { + have
disabilities + } shall be deemed to be in compliance with the
laws of this state and rules promulgated thereunder if the
program satisfies subsection (1) of this section and the federal
regulations relating to transportation for persons who are
elderly or { - disabled - } { + have disabilities + }
promulgated by the Federal Transit Administration of the United
States Department of Transportation.
SECTION 60. ORS 276.594 is amended to read:
276.594. (1) Except for parking facilities located in the
garage of the State Capitol and in the area immediately in front
of the State Capitol, but south of Court Street, the Oregon
Department of Administrative Services shall also manage and
determine under what conditions the grounds and parking
structures owned, leased, or being acquired through lease
purchase or installment purchase agreement by any state agency,
which are located in the capitol area in the City of Salem, shall
be used. Such grounds and structures include those located
either adjacent, on or in close proximity to, though not
necessarily contiguous to, leased office quarters defined in ORS
276.420, the Supreme Court Building, the buildings or facilities
defined in ORS 276.004 and those grounds owned by the state by
and through its Oregon Department of Administrative Services
adjacent to the installations and facilities located in the area
described in ORS 276.028 except the State Capitol. However, the
department shall not exercise such authority over grounds or
facilities that are owned, directly leased, or being acquired
through lease purchase or installment purchase by another state
agency which are outside of the capitol area in the City of
Salem.
(2) Based upon its findings, the department shall adopt rules
for parking of motor vehicles or other transportation uses of
such grounds and facilities for which it is responsible under
subsection (1) of this section. Notice of the rules shall be
given by appropriate signs posted on the grounds and in the
facilities. In adopting the rules, the department shall consider
the state policy stated in ORS 276.591.
(3) The department may lease portions of the facilities and
grounds described in subsection (1) of this section for the
parking of motor vehicles and other transportation uses as it
determines are appropriate. However, in such leasing, priority
Enrolled Senate Bill 83 (SB 83-A) Page 72
shall first be given to the needs of state officers and
employees.
(4) The department shall furnish a space without charge to each
statewide elective officer, except those with offices in the
State Capitol, and shall designate certain spaces, either free or
metered, for use by persons transacting business in state
offices. The department may also provide free parking for
{ - disabled - } employees { + with disabilities + } who have
been issued a disabled person parking permit by the Department of
Transportation and who require the use of their vehicle in
traveling to and from work. Any spaces not required for leasing
to state officers and employees, or for other authorized
purposes, may be leased to other persons.
(5) Receipts obtained under this section shall be retained by
the Oregon Department of Administrative Services, except that the
net receipts from any parking facilities which are located in the
capitol area in the City of Salem and which are owned, directly
leased, or being acquired through lease purchase or installment
purchase agreement by any agency other than the Oregon Department
of Administrative Services may be returned to the agency by the
department.
SECTION 61. ORS 276.595 is amended to read:
276.595. (1) Each state agency, other than the Oregon
Department of Administrative Services, shall manage and determine
under what conditions the grounds and parking structures owned,
directly leased or being acquired through lease purchase or
installment purchase by it, which are outside the capitol area in
the City of Salem, may be used by owners and operators of motor
vehicles and for other transportation purposes.
(2) Based upon its findings, the state agency shall adopt rules
for parking of motor vehicles or other transportation uses of
such grounds and facilities for which it is responsible under
subsection (1) of this section. Notice of the rules shall be
given by appropriate signs posted on the grounds and in the
facilities. In adopting the rules, the state agency shall
consider the state policy stated in ORS 276.591.
(3) The state agency may lease portions of the facilities and
grounds described in subsection (1) of this section for the
parking of motor vehicles and other transportation uses as it
determines is appropriate. However, in such leasing, priority
shall first be given to the needs of state officers and
employees. The agency shall designate certain spaces, either
free or metered, for use by persons transacting business in state
offices. The state agency may also provide free parking for
{ - disabled - } employees { + with disabilities + } who have
been issued a disabled person parking permit by the Department of
Transportation and who require the use of their vehicle in
traveling to and from work. Any spaces not required for leasing
to state officers and employees, or for other authorized
purposes, may be leased to other persons.
SECTION 62. ORS 279.835 is amended to read:
279.835. As used in ORS 279.835 to 279.855:
(1) 'Department' means the Oregon Department of Administrative
Services.
(2) 'Direct labor' includes all work required for preparation,
processing and packing, but not supervision, administration,
inspection and shipping.
(3) ' { - Disabled - } Individual { + with a disability + }
' means an individual who, because of the nature of disabilities,
Enrolled Senate Bill 83 (SB 83-A) Page 73
is not able to participate fully in competitive employment, and
for whom specialized employment opportunities must be provided.
(4) 'Public agency' or 'public contracting agency' means any
agency of the State of Oregon or any political subdivision
thereof authorized by law to enter into public contracts and any
public body created by intergovernmental agreement.
(5) 'Qualified nonprofit agency for { - disabled
individual - } { + individuals with disabilities + } ' means a
nonprofit activity center or rehabilitation facility:
(a) Organized under the laws of the United States or of this
state and operated in the interest of { - disabled - }
individuals { + with disabilities + }, and the net income of
which does not inure in whole or in part to the benefit of any
shareholder or other individual;
(b) That complies with any applicable occupational health and
safety standard required by the laws of the United States or of
this state; and
(c) That in the manufacture of products and in the provision of
services, whether or not the products or services are procured
under ORS 279.835 to 279.855, during the fiscal year employs
{ - disabled - } individuals { + with disabilities + } for
not less than 75 percent of the work hours of direct labor
required for the manufacture or provision of the products or
services.
SECTION 63. ORS 279.840 is amended to read:
279.840. The purpose of ORS 279.835 to 279.855, 279A.025 (4)
and 279C.335 is to further the policy of this state to encourage
and assist { - disabled - } individuals { + with
disabilities + } to achieve maximum personal independence through
useful and productive gainful employment by assuring an expanded
and constant market for sheltered workshop and activity center
products and services, thereby enhancing their dignity and
capacity for self-support and minimizing their dependence on
welfare and need for costly institutionalization.
SECTION 64. ORS 279.845 is amended to read:
279.845. (1) It { - shall be - } { + is + } the duty of the
Oregon Department of Administrative Services to:
(a) Determine the price of all products manufactured and
services offered for sale to the various public agencies by any
qualified nonprofit agency for { - disabled - }
individuals { + with disabilities + }. The price shall recover
for the workshops the cost of raw materials, labor, overhead,
delivery costs and a margin held in reserve for inventory and
equipment replacement;
(b) To revise such prices from time to time in accordance with
changing cost factors; and
(c) To make such rules regarding specifications, time of
delivery and other relevant matters of procedure as shall be
necessary to carry out the purposes of ORS 279.835 to 279.855,
279A.025 (4) and 279C.335.
(2) The department shall establish and publish a list of
sources or potential sources of products produced by any
qualified nonprofit agency for { - disabled - } individuals
{ + with disabilities + } and the services provided by any such
agency, which the department determines are suitable for
procurement by public agencies pursuant to ORS 279.835 to
279.855, 279A.025 (4) and 279C.335. This procurement list and
revisions thereof shall be distributed to all public purchasing
officers.
Enrolled Senate Bill 83 (SB 83-A) Page 74
(3) The department may not delegate any duty imposed under this
section to any person or public agency outside of the department.
SECTION 65. ORS 279.850 is amended to read:
279.850. (1) If any public agency intends to procure any
product or service on the procurement list, that public agency
shall, in accordance with rules of the Oregon Department of
Administrative Services, procure such product or service, at the
price established by the department, from a qualified nonprofit
agency for { - disabled - } individuals { + with
disabilities, + } provided the product or service is of the
appropriate specifications and is available within the period
required by that public agency.
(2) In furthering the purposes of ORS 279.835 to 279.855,
279A.025 (4) and 279C.335, it is the intent of the Legislative
Assembly that there be close cooperation between the department,
public contracting agencies and qualified nonprofit agencies for
{ - disabled - } individuals { + with disabilities + }. The
department on behalf of public contracting agencies and qualified
nonprofit agencies for { - disabled - } individuals { + with
disabilities + } is authorized to enter into such contractual
agreements, cooperative working relationships or other
arrangements as may be determined to be necessary for effective
coordination and efficient realization of the objectives of ORS
279.835 to 279.855, 279A.025 (4) and 279C.335 and any other law
requiring procurement of products or services.
SECTION 66. ORS 279.855 is amended to read:
279.855. The following may purchase equipment, materials,
supplies and services through the Oregon Department of
Administrative Services in the same manner as state agencies as
provided in ORS 279A.140 to 279A.155 and 279A.250 to 279A.290:
(1) Qualified nonprofit agencies for { - disabled - }
individuals { + with disabilities + } participating in the
program set forth in ORS 279.835 to 279.855, 279A.025 (4) and
279C.335.
(2) Residential programs when under contract with the
Department of Human Services to provide services to youth in the
custody of the state.
(3) Public benefit corporations, as defined in ORS 65.001, that
provide public services either under contract with a state
agency, as defined in ORS 171.133, or under contract with a unit
of local government, as defined in ORS 190.003, that funds the
contract, in whole or in part, with state funds.
SECTION 67. ORS 279A.025 is amended to read:
279A.025. (1) Except as provided in subsections (2) to (4) of
this section, the Public Contracting Code applies to all public
contracting.
(2) The Public Contracting Code does not apply to:
(a) Contracts between contracting agencies or between
contracting agencies and the federal government;
(b) Insurance and service contracts as provided for under ORS
414.115, 414.125, 414.135 and 414.145 for purposes of source
selection;
(c) Grants;
(d) Contracts for professional or expert witnesses or
consultants to provide services or testimony relating to existing
or potential litigation or legal matters in which a public body
is or may become interested;
(e) Acquisitions or disposals of real property or interest in
real property;
Enrolled Senate Bill 83 (SB 83-A) Page 75
(f) Sole-source expenditures when rates are set by law or
ordinance for purposes of source selection;
(g) Contracts for the procurement or distribution of textbooks;
(h) Procurements by a contracting agency from an Oregon
Corrections Enterprises program;
(i) The procurement, transportation or distribution of
distilled liquor, as defined in ORS 471.001, or the appointment
of agents under ORS 471.750 by the Oregon Liquor Control
Commission;
(j) Contracts entered into under ORS chapter 180 between the
Attorney General and private counsel or special legal assistants;
(k) Contracts for the sale of timber from lands owned or
managed by the State Board of Forestry and the State Forestry
Department;
(L) Contracts for forest protection or forest related
activities, as described in ORS 477.406, by the State Forester or
the State Board of Forestry;
(m) Sponsorship agreements entered into by the State Parks and
Recreation Director in accordance with ORS 565.080 (4);
(n) Contracts entered into by the Housing and Community
Services Department in exercising the department's duties
prescribed in ORS chapters 456 and 458, except that the
department's public contracting for goods and services, as
defined in ORS 279B.005, is subject to ORS chapter 279B;
(o) Contracts entered into by the State Treasurer in exercising
the powers of that office prescribed in ORS chapters 178, 286,
287, 288, 289, 293, 294 and 295, including but not limited to
investment contracts and agreements, banking services, clearing
house services and collateralization agreements, bond documents,
certificates of participation and other debt repayment
agreements, and any associated contracts, agreements and
documents, regardless of whether the obligations that the
contracts, agreements or documents establish are general, special
or limited, except that the State Treasurer's public contracting
for goods and services, as defined in ORS 279B.005, is subject to
ORS chapter 279B;
(p) Contracts, agreements or other documents entered into,
issued or established in connection with:
(A) The incurring of debt by a public body, including but not
limited to the issuance of bonds, certificates of participation
and other debt repayment obligations, and any associated
contracts, agreements or other documents, regardless of whether
the obligations that the contracts, agreements or other documents
establish are general, special or limited;
(B) The making of program loans and similar extensions or
advances of funds, aid or assistance by a public body to a public
or private body for the purpose of carrying out, promoting or
sustaining activities or programs authorized by law; or
(C) The investment of funds by a public body as authorized by
law, and other financial transactions of a public body that by
their character cannot practically be established under the
competitive contractor selection procedures of ORS 279B.050 to
279B.085;
(q) Contracts for employee benefit plans as provided in ORS
243.105 (1), 243.125 (4), 243.221, 243.275, 243.291, 243.303 and
243.565; or
(r) Any other public contracting of a public body specifically
exempted from the code by another provision of law.
(3) The Public Contracting Code does not apply to the public
contracting activities of:
Enrolled Senate Bill 83 (SB 83-A) Page 76
(a) The Oregon State Lottery Commission;
(b) The Oregon University System and member institutions,
except as provided in ORS 351.086;
(c) The legislative department;
(d) The judicial department;
(e) Semi-independent state agencies listed in ORS 182.451 and
182.454, except as provided in ORS 279.835 to 279.855 and
279A.250 to 279A.290;
(f) Oregon Corrections Enterprises;
(g) The Oregon Film and Video Office, except as provided in ORS
279A.100 and 279A.250 to 279A.290;
(h) The Travel Information Council, except as provided in ORS
279A.250 to 279A.290;
(i) The Oregon 529 College Savings Network and the Oregon 529
College Savings Board;
(j) The Oregon Innovation Council; or
(k) Any other public body specifically exempted from the code
by another provision of law.
(4) ORS 279A.200 to 279A.225 and 279B.050 to 279B.085 do not
apply to contracts made with qualified nonprofit agencies
providing employment opportunities for { - disabled - }
individuals { + with disabilities + } under ORS 279.835 to
279.855.
SECTION 68. ORS 279A.050 is amended to read:
279A.050. (1) Except as otherwise provided in the Public
Contracting Code, a contracting agency shall exercise all rights,
powers and authority in accordance with the provisions of the
Public Contracting Code.
(2) Except as otherwise provided in the Public Contracting
Code, for state agencies the Director of the Oregon Department of
Administrative Services has all of the rights, powers and
authority necessary to carry out the provisions of the Public
Contracting Code.
(3) Except as otherwise provided in the Public Contracting
Code, the Director of Transportation has all of the rights,
powers and authority to:
(a) Procure or supervise the procurement of all services and
personal services to construct, acquire, plan, design, maintain
and operate passenger terminal facilities and motor vehicle
parking facilities in connection with any public transportation
system in accordance with ORS 184.689 (5);
(b) Procure or supervise the procurement of all goods,
services, public improvements and personal services relating to
the operation, maintenance or construction of highways, bridges
and other transportation facilities that are subject to the
authority of the Department of Transportation; and
(c) Establish standards for, prescribe forms for and conduct
the prequalification of prospective bidders on public improvement
contracts related to the operation, maintenance or construction
of highways, bridges and other transportation facilities that are
subject to the authority of the Department of Transportation.
(4) Except as otherwise provided in the Public Contracting
Code, the Secretary of State has all of the rights, powers and
authority to procure or supervise the procurement of goods,
services and personal services related to programs under the
direct authority of the Secretary of State.
(5) Except as otherwise provided in the Public Contracting
Code, the State Treasurer has all of the rights, powers and
authority to procure or supervise the procurement of goods,
Enrolled Senate Bill 83 (SB 83-A) Page 77
services and personal services related to programs under the
authority of the State Treasurer.
(6) The following specific limited authorities are subject to
the provisions of the Public Contracting Code:
(a) The Department of Human Services to procure or supervise
the procurement of goods, services and personal services for the
construction, demolition, exchange, maintenance, operation and
equipping of housing:
(A) For { - the chronically mentally ill - } { + persons
with chronic mental illness + }, subject to applicable provisions
of ORS 426.504; and
(B) For the purpose of providing care to individuals with
mental retardation or other developmental disabilities, subject
to applicable provisions of ORS 427.335;
(b) The State Department of Fish and Wildlife to procure or
supervise the procurement of all goods, services, public
improvements and personal services relating to dams, fishways,
ponds and related fish and game propagation facilities;
(c) The State Parks and Recreation Department to procure or
supervise the procurement of all goods, services, public
improvements and personal services relating to state parks;
(d) The Oregon Department of Aviation to procure or supervise
the procurement of all goods, services, public improvements and
personal services related to airports owned or operated by the
state;
(e) The Economic and Community Development Department to
procure or supervise the procurement of all goods, services,
personal services and public improvements related to its foreign
trade offices operating outside the state;
(f) The Attorney General to enter into contracts as necessary
to exercise the authority granted in ORS chapter 180;
(g) The Housing and Community Services Department to procure or
supervise the procurement of goods, services and personal
services;
(h) The Department of Corrections to procure or supervise the
procurement of goods, services and personal services for the
construction of all new buildings or additions for its
institutions;
(i) The Department of Corrections, subject to any applicable
provisions of ORS 279A.120, 279A.125, 279A.145 and 283.110 to
283.395, to procure or supervise the procurement of goods for its
institutions;
(j) The Department of Veterans' Affairs to procure or supervise
the procurement of real estate broker and principal real estate
broker services related to programs under the department's
authority; and
(k) Any state agency to make procurements when the agency is
specifically authorized by any provision of law other than the
Public Contracting Code to enter into a contract.
SECTION 69. ORS 279C.335 is amended to read:
279C.335. (1) All public improvement contracts shall be based
upon competitive bids except:
(a) Contracts made with qualified nonprofit agencies providing
employment opportunities for { - disabled - } individuals
{ + with disabilities + } under ORS 279.835 to 279.855.
(b) A public improvement contract exempt under subsection (2)
of this section.
(c) A public improvement contract with a value of less than
$5,000.
Enrolled Senate Bill 83 (SB 83-A) Page 78
(d) A contract not to exceed $100,000, or not to exceed $50,000
in the case of a contract for a highway, bridge or other
transportation project, made under procedures for competitive
quotes in sections 132 and 133, chapter 794, Oregon Laws 2003.
(e) Contracts for repair, maintenance, improvement or
protection of property obtained by the Department of Veterans'
Affairs under ORS 407.135 and 407.145 (1).
(f) Energy savings performance contracts entered into in
accordance with rules of procedure adopted under ORS 279A.065.
(g) A public improvement contract awarded under subsection (6)
of this section in response to an emergency.
(2) Subject to subsection (4)(b) of this section, the Director
of the Oregon Department of Administrative Services, a local
contract review board or, for contracts described in ORS 279A.050
(3)(b), the Director of Transportation may exempt a public
improvement contract or a class of public improvement contracts
from the competitive bidding requirements of subsection (1) of
this section upon approval of the following findings submitted by
the contracting agency seeking the exemption:
(a) It is unlikely that the exemption will encourage favoritism
in the awarding of public improvement contracts or substantially
diminish competition for public improvement contracts; and
(b) The awarding of public improvement contracts under the
exemption will result in substantial cost savings to the
contracting agency or, if the contracts are for public
improvements described in ORS 279A.050 (3)(b), to the contracting
agency or the public. In making the finding, the Director of the
Oregon Department of Administrative Services, the Director of
Transportation or the local contract review board may consider
the type, cost and amount of the contract, the number of persons
available to bid and such other factors as may be deemed
appropriate.
(3) In making findings to support an exemption for a class of
public improvement contracts, the contracting agency shall
clearly identify the class using the class's defining
characteristics. Those characteristics shall include some
combination of project descriptions or locations, time periods,
contract values, methods of procurement or other factors that
distinguish the limited and related class of public improvement
contracts from the contracting agency's overall construction
program. The contracting agency may not identify a class solely
by funding source, such as a particular bond fund, or by the
method of procurement, but shall identify the class using
characteristics that reasonably relate to the exemption criteria
set forth in subsection (2) of this section.
(4) In granting exemptions under subsection (2) of this
section, the Director of the Oregon Department of Administrative
Services, the Director of Transportation or the local contract
review board shall:
(a) When appropriate, direct the use of alternate contracting
methods that take account of market realities and modern
practices and are consistent with the public policy of
encouraging competition.
(b) Require and approve or disapprove written findings by the
contracting agency that support the awarding of a particular
public improvement contract or a class of public improvement
contracts, without the competitive bidding requirement of
subsection (1) of this section. The findings must show that the
exemption of a contract or class of contracts complies with the
requirements of subsection (2) of this section.
Enrolled Senate Bill 83 (SB 83-A) Page 79
(5)(a) Before final adoption of the findings required by
subsection (2) of this section exempting a public improvement
contract or a class of public improvement contracts from the
requirement of competitive bidding, a contracting agency shall
hold a public hearing.
(b) Notification of the public hearing shall be published in at
least one trade newspaper of general statewide circulation a
minimum of 14 days before the hearing.
(c) The notice shall state that the public hearing is for the
purpose of taking comments on the contracting agency's draft
findings for an exemption from the competitive bidding
requirement. At the time of the notice, copies of the draft
findings shall be made available to the public. At the option of
the contracting agency, the notice may describe the process by
which the findings are finally adopted and may indicate the
opportunity for any further public comment.
(d) At the public hearing, the contracting agency shall offer
an opportunity for any interested party to appear and present
comment.
(e) If a contracting agency is required to act promptly due to
circumstances beyond the contracting agency's control that do not
constitute an emergency, notification of the public hearing may
be published simultaneously with the contracting agency's
solicitation of contractors for the alternative public
contracting method, as long as responses to the solicitation are
due at least five days after the meeting and approval of the
findings.
(6) After declaring that an emergency exists in accordance with
rules adopted under ORS 279A.065, a contracting agency may award
a public improvement contract in response to the emergency
without using a competitive solicitation.
(7) A public improvement contract awarded under the competitive
bidding requirement of subsection (1) of this section may be
amended only in accordance with rules adopted under ORS 279A.065.
(8) Public improvement contracts excepted from competitive bid
requirements under subsection (1)(a), (c), (d), (e), (f) or (g)
of this section are not subject to the exemption requirements of
subsection (2) of this section.
SECTION 70. ORS 279C.335, as amended by section 104, chapter
794, Oregon Laws 2003, section 13, chapter 103, Oregon Laws 2005,
and section 59, chapter 625, Oregon Laws 2005, is amended to
read:
279C.335. (1) All public improvement contracts shall be based
upon competitive bids except:
(a) Contracts made with qualified nonprofit agencies providing
employment opportunities for { - disabled - } individuals
{ + with disabilities + } under ORS 279.835 to 279.855.
(b) A public improvement contract exempt under subsection (2)
of this section.
(c) A public improvement contract with a value of less than
$5,000.
(d) Contracts for repair, maintenance, improvement or
protection of property obtained by the Department of Veterans'
Affairs under ORS 407.135 and 407.145 (1).
(e) Energy savings performance contracts entered into in
accordance with rules of procedure adopted under ORS 279A.065.
(f) A public improvement contract awarded under subsection (6)
of this section in response to an emergency.
(2) Subject to subsection (4)(b) of this section, the Director
of the Oregon Department of Administrative Services, a local
Enrolled Senate Bill 83 (SB 83-A) Page 80
contract review board or, for contracts described in ORS 279A.050
(3)(b), the Director of Transportation may exempt a public
improvement contract or a class of public improvement contracts
from the competitive bidding requirements of subsection (1) of
this section upon approval of the following findings submitted by
the contracting agency seeking the exemption:
(a) It is unlikely that the exemption will encourage favoritism
in the awarding of public improvement contracts or substantially
diminish competition for public improvement contracts; and
(b) The awarding of public improvement contracts under the
exemption will result in substantial cost savings to the
contracting agency or, if the contracts are for public
improvements described in ORS 279A.050 (3)(b), to the contracting
agency or the public. In making the finding, the Director of the
Oregon Department of Administrative Services, the Director of
Transportation or the local contract review board may consider
the type, cost and amount of the contract, the number of persons
available to bid and such other factors as may be deemed
appropriate.
(3) In making findings to support an exemption for a class of
public improvement contracts, the contracting agency shall
clearly identify the class using the class's defining
characteristics. Those characteristics shall include some
combination of project descriptions or locations, time periods,
contract values, methods of procurement or other factors that
distinguish the limited and related class of public improvement
contracts from the contracting agency's overall construction
program. The contracting agency may not identify a class solely
by funding source, such as a particular bond fund, or by the
method of procurement, but shall identify the class using
characteristics that reasonably relate to the exemption criteria
set forth in subsection (2) of this section.
(4) In granting exemptions under subsection (2) of this
section, the Director of the Oregon Department of Administrative
Services, the Director of Transportation or the local contract
review board shall:
(a) When appropriate, direct the use of alternate contracting
methods that take account of market realities and modern
practices and are consistent with the public policy of
encouraging competition.
(b) Require and approve or disapprove written findings by the
contracting agency that support the awarding of a particular
public improvement contract or a class of public improvement
contracts, without the competitive bidding requirement of
subsection (1) of this section. The findings must show that the
exemption of a contract or class of contracts complies with the
requirements of subsection (2) of this section.
(5)(a) Before final adoption of the findings required by
subsection (2) of this section exempting a public improvement
contract or a class of public improvement contracts from the
requirement of competitive bidding, a contracting agency shall
hold a public hearing.
(b) Notification of the public hearing shall be published in at
least one trade newspaper of general statewide circulation a
minimum of 14 days before the hearing.
(c) The notice shall state that the public hearing is for the
purpose of taking comments on the contracting agency's draft
findings for an exemption from the competitive bidding
requirement. At the time of the notice, copies of the draft
findings shall be made available to the public. At the option of
Enrolled Senate Bill 83 (SB 83-A) Page 81
the contracting agency, the notice may describe the process by
which the findings are finally adopted and may indicate the
opportunity for any further public comment.
(d) At the public hearing, the contracting agency shall offer
an opportunity for any interested party to appear and present
comment.
(e) If a contracting agency is required to act promptly due to
circumstances beyond the contracting agency's control that do not
constitute an emergency, notification of the public hearing may
be published simultaneously with the contracting agency's
solicitation of contractors for the alternative public
contracting method, as long as responses to the solicitation are
due at least five days after the meeting and approval of the
findings.
(6) After declaring that an emergency exists in accordance with
rules adopted under ORS 279A.065, a contracting agency may award
a public improvement contract in response to the emergency
without using a competitive solicitation.
(7) A public improvement contract awarded under the competitive
bidding requirement of subsection (1) of this section may be
amended only in accordance with rules adopted under ORS 279A.065.
(8) Public improvement contracts excepted from competitive bid
requirements under subsection (1)(a), (c), (d), (e) or (f) of
this section are not subject to the exemption requirements of
subsection (2) of this section.
SECTION 71. ORS 279C.335, as amended by sections 104 and 105a,
chapter 794, Oregon Laws 2003, sections 13 and 14, chapter 103,
Oregon Laws 2005, and sections 59 and 60, chapter 625, Oregon
Laws 2005, is amended to read:
279C.335. (1) All public improvement contracts shall be based
upon competitive bids except:
(a) Contracts made with qualified nonprofit agencies providing
employment opportunities for { - disabled - } individuals
{ + with disabilities + } under ORS 279.835 to 279.855.
(b) A public improvement contract exempt under subsection (2)
of this section.
(c) A public improvement contract with a value of less than
$5,000.
(d) Contracts for repair, maintenance, improvement or
protection of property obtained by the Department of Veterans'
Affairs under ORS 407.135 and 407.145 (1).
(e) Energy savings performance contracts entered into in
accordance with rules of procedure adopted under ORS 279A.065.
(f) A public improvement contract awarded under subsection (6)
of this section in response to an emergency.
(2) Subject to subsection (4)(b) of this section, the Director
of the Oregon Department of Administrative Services or a local
contract review board may exempt a public improvement contract or
a class of public improvement contracts from the competitive
bidding requirements of subsection (1) of this section upon
approval of the following findings submitted by the contracting
agency seeking the exemption:
(a) It is unlikely that the exemption will encourage favoritism
in the awarding of public improvement contracts or substantially
diminish competition for public improvement contracts; and
(b) The awarding of public improvement contracts under the
exemption will result in substantial cost savings to the
contracting agency. In making the finding, the director or the
local contract review board may consider the type, cost and
Enrolled Senate Bill 83 (SB 83-A) Page 82
amount of the contract, the number of persons available to bid
and such other factors as may be deemed appropriate.
(3) In making findings to support an exemption for a class of
public improvement contracts, the contracting agency shall
clearly identify the class using the class's defining
characteristics. Those characteristics shall include some
combination of project descriptions or locations, time periods,
contract values, methods of procurement or other factors that
distinguish the limited and related class of public improvement
contracts from the contracting agency's overall construction
program. The contracting agency may not identify a class solely
by funding source, such as a particular bond fund, or by the
method of procurement, but shall identify the class using
characteristics that reasonably relate to the exemption criteria
set forth in subsection (2) of this section.
(4) In granting exemptions under subsection (2) of this
section, the director or the local contract review board shall:
(a) When appropriate, direct the use of alternate contracting
methods that take account of market realities and modern
practices and are consistent with the public policy of
encouraging competition.
(b) Require and approve or disapprove written findings by the
contracting agency that support the awarding of a particular
public improvement contract or a class of public improvement
contracts, without the competitive bidding requirement of
subsection (1) of this section. The findings must show that the
exemption of a contract or class of contracts complies with the
requirements of subsection (2) of this section.
(5)(a) Before final adoption of the findings required by
subsection (2) of this section exempting a public improvement
contract or a class of public improvement contracts from the
requirement of competitive bidding, a contracting agency shall
hold a public hearing.
(b) Notification of the public hearing shall be published in at
least one trade newspaper of general statewide circulation a
minimum of 14 days before the hearing.
(c) The notice shall state that the public hearing is for the
purpose of taking comments on the contracting agency's draft
findings for an exemption from the competitive bidding
requirement. At the time of the notice, copies of the draft
findings shall be made available to the public. At the option of
the contracting agency, the notice may describe the process by
which the findings are finally adopted and may indicate the
opportunity for any further public comment.
(d) At the public hearing, the contracting agency shall offer
an opportunity for any interested party to appear and present
comment.
(e) If a contracting agency is required to act promptly due to
circumstances beyond the contracting agency's control that do not
constitute an emergency, notification of the public hearing may
be published simultaneously with the contracting agency's
solicitation of contractors for the alternative public
contracting method, as long as responses to the solicitation are
due at least five days after the meeting and approval of the
findings.
(6) After declaring that an emergency exists in accordance with
rules adopted under ORS 279A.065, a contracting agency may award
a public improvement contract in response to the emergency
without using a competitive solicitation.
Enrolled Senate Bill 83 (SB 83-A) Page 83
(7) A public improvement contract awarded under the competitive
bidding requirement of subsection (1) of this section may be
amended only in accordance with rules adopted under ORS 279A.065.
(8) Public improvement contracts excepted from competitive bid
requirements under subsection (1)(a), (c), (d), (e) or (f) of
this section are not subject to the exemption requirements of
subsection (2) of this section.
SECTION 72. ORS 285B.746 is amended to read:
285B.746. (1) The Economic and Community Development Department
may approve a loan requested in an application filed under ORS
285B.743 if, after investigation, it finds that:
(a) The applicant is enrolled in a small business management
program with a small business development center;
(b) The applicant has prepared a business plan for the
business, which has been reviewed by a small business development
center or other entity certified by the Economic and Community
Development Department to review business plans;
(c) The applicant has developed an expenditure plan for the use
of the moneys received as a loan for the project under ORS
285B.740 to 285B.758; and
(d) The applicant is not effectively owned or controlled by
another business entity or other person that, either by itself or
when combined with the applicant, is not eligible for a loan
under ORS 285B.740 to 285B.758.
(2) In addition to the requirements for loan approval described
in subsection (1) of this section, in order to obtain a loan
under ORS 285B.740 to 285B.758, an applicant must also satisfy
two of the following conditions:
(a) The business or proposed business, at the time of
application, must not have been operating for more than 24
months.
(b) The business must have annual revenues of less than
$100,000 in the 12-month period immediately preceding the date of
application.
(c) The business or proposed business is owned in whole or in
part by a person certified as { - being severely disabled - }
{ + having a severe disability + } by the Department of Human
Services or the Commission for the Blind.
SECTION 73. ORS 285B.755 is amended to read:
285B.755. (1) The Economic and Community Development Department
shall appoint an Oregon Entrepreneurial Development Loan Fund
Advisory Committee of not less than five members to advise the
department on the operation of the loan program created by ORS
285B.740 to 285B.758. The individuals appointed to the advisory
committee shall be representatives of the private sector
financial community, public sector business finance groups, small
business support organizations and owners and operators of small
businesses. The advisory committee shall include at least one
owner or operator of a small business who is a woman or a member
of a minority group. The advisory committee shall also include at
least one person who is a representative of { - disabled - }
Oregonians { + with disabilities + }.
(2) The Oregon Entrepreneurial Development Loan Fund Advisory
Committee shall review all loan forms, contracts and other
administrative materials to assure that the loan program created
by ORS 285B.740 to 285B.758 operates with administrative
simplicity and efficiency to the greatest extent possible.
SECTION 74. ORS 289.005 is amended to read:
289.005. As used in this chapter, unless the context requires
otherwise:
Enrolled Senate Bill 83 (SB 83-A) Page 84
(1) 'Authority' means the Oregon Facilities Authority created
by this chapter.
(2) 'Bonds' or 'revenue bonds' means revenue bonds, notes, bond
anticipation notes and any other evidence of indebtedness of the
authority issued under the provisions of this chapter, including
revenue refunding bonds, notwithstanding that the same may be
secured by any federally guaranteed security, whether acquired by
the authority or by a participating institution, or by mortgage,
the full faith and credit or by any other lawfully pledged
security of one or more participating institutions.
(3) 'Cost' means the cost of:
(a) Construction, acquisition, alteration, enlargement,
reconstruction and remodeling of a project, including all lands,
structures, real or personal property, rights, rights of way, air
rights, franchises, easements and interests acquired or used for
or in connection with a project;
(b) Demolishing or removing any buildings or structures on land
as acquired, including the cost of acquiring any lands to which
such buildings or structures may be moved;
(c) All machinery and equipment;
(d) Financing charges, interest prior to, during and for a
period after completion of construction and acquisition,
reasonably required amounts to make the project operational,
provisions for reserves for principal and interest and for
extensions, enlargements, additions, replacements, renovations
and improvements;
(e) Architectural, actuarial engineering, financial and legal
services, plans specifications, studies, surveys, estimates of
costs and of revenues, administrative expenses, expenses
necessary or incident to determining the feasibility or
practicability of constructing the project; and
(f) Such other expenses as may be necessary or incident to a
project, the financing of such project and the placing of the
project in operation.
(4) 'Cultural institution' means a public or nonprofit
institution within this state which engages in the cultural,
intellectual, scientific, environmental, educational or artistic
enrichment of the people of this state. 'Cultural institution '
includes, without limitation, aquaria, botanical societies,
historical societies, land conservation organizations, libraries,
museums, performing arts associations or societies, scientific
societies, wildlife conservation organizations and zoological
societies. 'Cultural institution' does not mean any school or any
institution primarily engaged in religious or sectarian
activities.
(5) 'Health care institution' means a public or nonprofit
organization that provides health care and related services,
including but not limited to the provision of inpatient and
outpatient care, diagnostic or therapeutic services, laboratory
services, medicinal drugs, nursing care, assisted living, elderly
care and housing, including retirement communities, and equipment
used or useful for the provision of health care and related
services.
(6) 'Housing institution' means a public or nonprofit
organization that provides decent, affordable housing to low
income persons.
(7) 'Institution' means an institution for housing, higher
education or prekindergarten through grade 12 education, a school
for { - the handicapped - } { + persons with
Enrolled Senate Bill 83 (SB 83-A) Page 85
disabilities + }, a health care institution or a cultural
institution within this state.
(8) 'Institution for higher education' means a public or
nonprofit educational institution within this state authorized by
law to provide a program of education beyond the high school
level, including community colleges and associate degree granting
institutions. 'Institution for higher education' does not mean
any school or any institution primarily engaged in religious or
sectarian activities.
(9) 'Institution for prekindergarten through grade 12
education' means an Oregon prekindergarten as defined in ORS
329.170, a public educational institution within this state
authorized by law to provide a program of education for
kindergarten through grade 12 or a nonprofit educational
institution within this state registered as a private school
under ORS 345.545 that provides a program of education for
prekindergarten through grade 12. 'Institution for
prekindergarten through grade 12 education' does not mean a
school or institution primarily engaged in religious or sectarian
activities.
(10) 'Nonprofit' means an institution, organization or entity
exempt from taxation under section 501(c)(3) of the Internal
Revenue Code as amended and in effect on the effective date of
this chapter.
(11) 'Participating institution' means a participating
institution for health care, housing, higher education, a
participating school for { - the handicapped - } { + persons
with disabilities + } or a participating cultural institution.
(12)(a) 'Project' means the financing or refinancing, including
without limitation, acquisition, construction, enlargement,
remodeling, renovation, improvement, furnishing or equipping, of
the following:
(A) In the case of a participating institution that is an
institution for higher education, an institution for
prekindergarten through grade 12 education or a school for
{ - the handicapped - } { + persons with disabilities + }, a
structure or structures suitable for use as a dormitory or other
multiunit housing facility for students, faculty, officers or
employees, or a dining hall, student union, administration
building, academic building, library, laboratory, research
facility, classroom, athletic facility, health care facility,
maintenance, storage or utility facility and other structures or
facilities related to any of the structures required or used for
the instruction of students, the conducting of research or the
operation of an institution for higher education, an institution
for prekindergarten through grade 12 education or a school for
{ - the handicapped - } { + persons with disabilities + }. It
shall also include landscaping, site preparation, furniture,
equipment and machinery and other similar items necessary or
convenient for the operation of a particular facility or
structure in the manner for which its use is intended and shall
further include any furnishings, equipment, machinery and other
similar items necessary or convenient for the operation of an
institution of higher education, an institution for
prekindergarten through grade 12 education or a school for
{ - the handicapped - } { + persons with disabilities + },
whether or not such items are related to a particular facility or
structure financed under this chapter;
(B) In the case of a participating institution that is a
housing institution, a structure or structures suitable for use
Enrolled Senate Bill 83 (SB 83-A) Page 86
as housing, including residences or multiunit housing facilities,
administration buildings, maintenance, storage or utility
facilities and other structures or facilities related to any of
the structures required or used for the operation of the housing,
including parking and other facilities or structures essential or
convenient for the orderly provision of such housing. It shall
also include landscaping, site preparation, furniture, equipment
and machinery and other similar items necessary or convenient for
the particular housing facility or structure in the manner for
which its use is intended and shall further include any
furnishings, equipment, machinery and other similar items
necessary or convenient for the provision of housing, whether or
not such items are related to a particular facility or structure
financed under this chapter;
(C) In the case of a participating institution that is a
cultural institution, a structure or structures suitable for its
purposes, whether or not to be used to provide educational
services, or research resources, including use as or in
connection with an administrative facility, aquarium, assembly
hall, auditorium, botanical garden, exhibition hall, gallery,
greenhouse, library, museum, scientific laboratory, theater or
zoological facility. It shall also include supporting facilities,
landscaping, site preparation, furniture, equipment, machinery
and other similar items necessary or convenient for the operation
of a cultural institution, whether or not such items are related
to a particular facility or structure financed under this
chapter, including books, works of art or other items for display
or exhibition; and
(D) In the case of a participating institution that is a health
care institution, a structure or structures suitable for its
purposes, including hospital facilities, inpatient and outpatient
clinics, doctors' offices, administration buildings, parking,
maintenance, storage or utility facilities, nursing care or
assisted living facilities, elderly care and housing facilities,
including retirement communities, and other structures or
facilities related to any of the structures required or used for
the operation of the health care institution, including other
facilities or structures essential or convenient for the orderly
provision of such health care. It shall also include landscaping,
site preparation, furniture, equipment and machinery and other
similar items necessary or convenient for the particular health
care facility or structure in the manner for which its use is
intended and shall further include any working capital,
furnishings, equipment, machinery and other similar items
necessary or convenient for the provision of health care, whether
or not such items are related to a particular facility or
structure financed under this chapter, including borrowings
needed to alleviate interim cash flow deficits of a health care
institution.
(b) 'Project' also includes any combination of one or more of
the projects undertaken jointly by one or more participating
institutions with each other or with other parties.
(c) 'Project' does not include any facility used or to be used
for sectarian instruction or as a place of religious worship or
any facility which is used or to be used primarily in connection
with any part of the program of a school or department of
divinity for any religious denomination.
(13) 'School for { - the handicapped - } { + persons with
disabilities + } ' means a public or nonprofit primary, secondary
or post-secondary school within this state { - which - }
Enrolled Senate Bill 83 (SB 83-A) Page 87
{ + that + } serves students at least 70 percent of whom
{ - are handicapped - } { + have a disability + } as
determined by one or more appropriate education, rehabilitation,
medical or mental health authorities; is accredited by a
recognized accrediting body; and is determined by the authority
to be a major resource of benefit to { - the handicapped - }
{ + persons with disabilities + }. 'School for { - the
handicapped - } { + persons with disabilities + } ' does not
mean any school or any institution primarily engaged in religious
or sectarian activities.
SECTION 75. ORS 307.130 is amended to read:
307.130. { + (1) As used in this section:
(a) 'Art museum' means a nonprofit corporation organized to
display works of art to the public.
(b) 'Internal Revenue Code' means the federal Internal Revenue
Code as amended and in effect on December 31, 2004.
(c) 'Nonprofit corporation' means a corporation that:
(A) Is organized not for profit, pursuant to ORS chapter 65 or
any predecessor of ORS chapter 65; or
(B) Is organized and operated as described under section 501(c)
of the Internal Revenue Code.
(d) 'Volunteer fire department' means a nonprofit corporation
organized to provide fire protection services in a specific
response area. + }
{ - (1) - } { + (2) + } Upon compliance with ORS 307.162,
the following property owned or being purchased by art museums,
volunteer fire departments, or incorporated literary, benevolent,
charitable and scientific institutions shall be exempt from
taxation:
(a) Except as provided in ORS 748.414, only such real or
personal property, or proportion thereof, as is actually and
exclusively occupied or used in the literary, benevolent,
charitable or scientific work carried on by such institutions.
(b) Parking lots used for parking or any other use as long as
that parking or other use is permitted without charge for no
fewer than 355 days during the tax year.
(c) All real or personal property of a rehabilitation facility
or any retail outlet thereof, including inventory. As used in
this subsection, 'rehabilitation facility' means either those
facilities defined in ORS 344.710 or facilities which provide
{ - physically, mentally or emotionally disabled - }
individuals { + who have physical, mental or emotional
disabilities + } with occupational rehabilitation activities of
an educational or therapeutic nature, even if remuneration is
received by the individual.
(d) All real and personal property of a retail store dealing
exclusively in donated inventory, where the inventory is
distributed without cost as part of a welfare program or where
the proceeds of the sale of any inventory sold to the general
public are used to support a welfare program. As used in this
subsection, ' welfare program' means the providing of food,
shelter, clothing or health care, including dental service, to
needy persons without charge.
(e) All real and personal property of a retail store if:
(A) The retail store deals primarily and on a regular basis in
donated and consigned inventory;
(B) The individuals who operate the retail store are all
individuals who work as volunteers; and
(C) The inventory is either distributed without charge as part
of a welfare program, or sold to the general public and the sales
Enrolled Senate Bill 83 (SB 83-A) Page 88
proceeds used exclusively to support a welfare program. As used
in this paragraph, 'primarily' means at least one-half of the
inventory.
(f) The real and personal property of an art museum that is
used in conjunction with the public display of works of art or
used to educate the public about art, but not including any
portion of the art museum's real or personal property that is
used to sell, or hold out for sale, works of art, reproductions
of works of art or other items to be sold to the public.
(g) All real and personal property of a volunteer fire
department that is used in conjunction with services and
activities for providing fire protection to all residents within
a fire response area.
{ - (2) - } { + (3) + } An art museum or institution shall
not be deprived of an exemption under this section solely because
its primary source of funding is from one or more governmental
entities.
{ - (3) - } { + (4) + } An institution shall not be
deprived of an exemption under this section because its purpose
or the use of its property is not limited to relieving pain,
alleviating disease or removing constraints.
{ - (4) As used in this section: - }
{ - (a) 'Art museum' means a nonprofit corporation organized
to display works of art to the public. - }
{ - (b) 'Internal Revenue Code' means the federal Internal
Revenue Code as amended and in effect on December 31, 2004. - }
{ - (c) 'Nonprofit corporation' means a corporation that: - }
{ - (A) Is organized not for profit, pursuant to ORS chapter
65 or any predecessor of ORS chapter 65; or - }
{ - (B) Is organized and operated as described under section
501(c) of the Internal Revenue Code. - }
{ - (d) 'Volunteer fire department' means a nonprofit
corporation organized to provide fire protection services in a
specific response area. - }
SECTION 76. ORS 310.155 is amended to read:
310.155. (1) For purposes of ORS 310.150, taxes are levied or
imposed to fund the public school system if the taxes will be
used exclusively for educational services, including support
services, provided by any unit of government, at any level from
prekindergarten through post-graduate training.
(2) Taxes on property levied or imposed by a unit of government
whose principal function is to provide educational services shall
be considered to be dedicated to fund the public school system
unless the sole purpose of a particular, voter approved levy is
for other than educational services or support services as
defined in this section.
(3) Taxes on property levied or imposed by a unit of government
whose principal function is to perform government operations
other than educational services shall be considered to be
dedicated to fund the public school system only if the sole
purpose of a particular, voter approved levy is for educational
services or support services as defined in this section.
(4) As used in this section, 'educational services ' includes:
(a) Establishment and maintenance of preschools, kindergartens,
elementary schools, high schools, community colleges and
institutions of higher education.
(b) Establishment and maintenance of career schools, adult
education programs, evening school programs and schools or
facilities for { - the physically, mentally or emotionally
Enrolled Senate Bill 83 (SB 83-A) Page 89
disabled - } { + persons with physical, mental or emotional
disabilities + }.
(5) As used in this section, 'support services' includes
clerical, administrative, professional and managerial services,
property maintenance, transportation, counseling, training and
other services customarily performed in connection with the
delivery of educational services.
(6) 'Educational services' does not include community
recreation programs, civic activities, public libraries, programs
for custody or care of children or community welfare activities
if those programs or activities are provided to the general
public and not for the benefit of students or other participants
in the programs and activities described in subsection (4) of
this section.
SECTION 77. ORS 311.666 is amended to read:
311.666. As used in ORS 311.666 to 311.701:
(1) 'Department' means the Department of Revenue.
{ - (2) 'Disabled person' means a person who has been
determined to be eligible to receive or who is receiving federal
Social Security benefits due to disability or blindness,
including a person who is receiving Social Security survivor
benefits in lieu of Social Security benefits due to disability or
blindness. - }
{ - (3) - } { + (2) + } 'Homestead' means the owner
occupied principal dwelling, either real or personal property,
owned by the taxpayer and the tax lot upon which it is located.
If the homestead is located in a multiunit building, the
homestead is the portion of the building actually used as the
principal dwelling and its percentage of the value of the common
elements and of the value of the tax lot upon which it is built.
The percentage is the value of the unit consisting of the
homestead compared to the total value of the building exclusive
of the common elements, if any.
{ + (3) 'Person with a disability' means a person who has
been determined to be eligible to receive or who is receiving
federal Social Security benefits due to disability or blindness,
including a person who is receiving Social Security survivor
benefits in lieu of Social Security benefits due to disability or
blindness. + }
(4) 'Taxpayer' means an individual who has filed a claim for
deferral under ORS 311.668 or individuals who have jointly filed
a claim for deferral under ORS 311.668.
(5) 'Tax-deferred property' means the property upon which taxes
are deferred under ORS 311.666 to 311.701.
(6) 'Taxes' or 'property taxes' means ad valorem taxes,
assessments, fees and charges entered on the assessment and tax
roll.
SECTION 78. ORS 311.668 is amended to read:
311.668. (1)(a) Subject to ORS 311.670, an individual, or two
or more individuals jointly, may elect to defer the property
taxes on their homestead by filing a claim for deferral with the
county assessor after January 1 and on or before April 15 of the
first year in which deferral is claimed if:
(A) The individual, or, in the case of two or more individuals
filing a claim jointly, each individual, is 62 years of age or
older on April 15 of the year in which the claim is filed; or
(B) The individual is a { - disabled - } person { + with a
disability + } on April 15 of the year in which the claim is
filed. In the case of individuals filing a claim jointly, only
Enrolled Senate Bill 83 (SB 83-A) Page 90
one individual need be a { - disabled - } person { + with a
disability + } in order to make the election.
(b) In order to make the election described in paragraph (a) of
this subsection, the individual must have, or in the case of two
or more individuals filing a claim jointly, all of the
individuals together must have household income, as defined in
ORS 310.630, for the calendar year immediately preceding the
calendar year in which the claim is filed of less than $32,000.
(c) The county assessor shall forward each claim filed under
this subsection to the Department of Revenue which shall
determine if the property is eligible for deferral.
(2) When the taxpayer elects to defer property taxes for any
year by filing a claim for deferral under subsection (1) of this
section, it shall have the effect of:
(a) Deferring the payment of the property taxes levied on the
homestead for the fiscal year beginning on July 1 of such year.
(b) Continuing the deferral of the payment by the taxpayer of
any property taxes deferred under ORS 311.666 to 311.701 for
previous years which have not become delinquent under ORS
311.686.
(c) Continuing the deferral of the payment by the taxpayer of
any future property taxes for as long as the provisions of ORS
311.670 are met.
(3) If a guardian or conservator has been appointed for an
individual otherwise qualified to obtain deferral of taxes under
ORS 311.666 to 311.701, the guardian or conservator may act for
such individual in complying with the provisions of ORS 311.666
to 311.701.
(4) If a trustee of an inter vivos trust which was created by
and is revocable by an individual, who is both the trustor and a
beneficiary of the trust and who is otherwise qualified to obtain
a deferral of taxes under ORS 311.666 to 311.701, owns the fee
simple estate under a recorded instrument of sale, the trustee
may act for the individual in complying with the provisions of
ORS 311.666 to 311.701.
(5) Nothing in this section shall be construed to require a
spouse of an individual to file a claim jointly with the
individual even though the spouse may be eligible to claim the
deferral jointly with the individual.
(6) Any person aggrieved by the denial of a claim for deferral
of homestead property taxes or disqualification from deferral of
homestead property taxes may appeal in the manner provided by ORS
305.404 to 305.560.
(7)(a) For each tax year beginning on or after July 1, 2002,
the Department of Revenue shall recompute the maximum household
income that may be incurred under an allowable claim for deferral
under subsection (1)(b) of this section. The computation shall be
as follows:
(A) Divide the average U.S. City Average Consumer Price Index
for the first six months of the current calendar year by the
average U.S. City Average Consumer Price Index for the first six
months of 2001.
(B) Recompute the maximum household income by multiplying
$32,000 by the appropriate indexing factor determined as provided
in subparagraph (A) of this paragraph.
(b) As used in this subsection, 'U.S. City Average Consumer
Price Index' means the U.S. City Average Consumer Price Index for
All Urban Consumers (All Items) as published by the Bureau of
Labor Statistics of the United States Department of Labor.
Enrolled Senate Bill 83 (SB 83-A) Page 91
(c) If any change in the maximum household income determined
under paragraph (a) of this subsection is not a multiple of $500,
the increase shall be rounded to the nearest multiple of $500.
SECTION 79. ORS 311.679 is amended to read:
311.679. (1) At the time that the taxpayer elects to defer
property taxes under ORS 311.666 to 311.701 or if the taxpayer
has elected to defer property taxes prior to January 1, 1990, or
between January 1, 1990 and June 30, 1990, the Department of
Revenue shall estimate the amount of property taxes that will be
deferred for tax years beginning on or after July 1, 1990,
interest thereon and any fees paid to the county clerk by the
department in connection with lien recording, release or
satisfaction. Thereafter, the department shall have a lien in the
amount of the estimate.
(2) The lien created under subsection (1) of this section shall
attach to the property to which the election to defer relates on
July 1 of the tax year of initial deferral or on July 1, 1990,
whichever is applicable.
(3) The lien created under subsection (1) of this section in
the amount of the estimate shall have the same priority as other
real property tax liens except that the lien of mortgages, trust
deeds or security interests which are recorded or noted on a
certificate of title prior in time to the attachment of the lien
for deferred taxes shall be prior to the liens for deferred
taxes.
(4) If during the period of tax deferment, the amount of taxes,
interest and fees exceeds the estimate, the department shall have
a lien for the amount of the excess. The liens for the excess
shall attach to the property on July 1 of the tax year in which
the excess occurs. The lien for the excess shall have the same
priority as other real property tax liens, except that the lien
of mortgages, trust deeds or security interests recorded or noted
on any certificate of title prior in time to the date that the
department records an amendment to its estimate to reflect its
lien for the excess shall be prior to the lien for the excess.
(5) Notwithstanding ORS 311.675 (2), the notice of lien for
deferred taxes recorded as provided in ORS 311.675 (1) and (2)
arising on or after October 3, 1989, shall list the amount of the
estimate of deferred taxes, interest and fees made by the
department under subsection (1) of this section and any amendment
to the notice to reflect a lien for excess, as described under
subsection (4) of this section, shall list the amount of the
excess that the department claims as lien. If notice of lien with
respect to any homestead has been recorded as provided under ORS
311.675 (1) and (2) prior to January 1, 1990, and the lien has
not been released or satisfied, the department shall cause a
further notice of lien to be recorded in the mortgage records of
the county. The further notice of lien shall list the amount of
the estimate of deferred taxes and interest made by the
department under subsection (1) of this section and any amendment
to the notice to reflect a lien for excess, described under
subsection (4) of this section, and shall list the amount of the
excess that the department claims as lien.
(6) A lien created under this section may be foreclosed by the
department as if it were a purchase money mortgage under ORS
chapter 88. The court may award reasonable attorney fees to the
prevailing party in a foreclosure action under this section.
(7) Receipts from foreclosure proceedings shall be credited in
the same manner as other repayments of deferred property taxes
under ORS 311.701.
Enrolled Senate Bill 83 (SB 83-A) Page 92
(8) By means of voluntary payment made as provided under ORS
311.690, the taxpayer may limit the amount of the lien for
deferred taxes created under this section. If the taxpayer
desires that the limit be reflected in the records of the county,
the taxpayer must request, subject to any rules adopted by the
department, that the department cause a partial satisfaction of
the lien to be recorded in the county. Upon receipt of such a
request, the department shall cause a partial satisfaction, in
the amount of the voluntary payment, to be so recorded. Nothing
in this subsection shall affect the priority of the liens of the
department, as originally created under subsections (1) and (4)
of this section.
(9) Nothing in this section shall affect any lien arising under
ORS 311.666 to 311.701 for taxes assessed before January 1, 1990.
However, except as provided under this section, no lien for taxes
shall arise under ORS 311.666 to 311.701 for taxes assessed after
December 31, 1989.
(10)(a) Notwithstanding any other provision of this section, a
lien arising under this section as the result of a deferral of
property taxes on the homestead of a { - disabled - } person
{ + with a disability + }who is younger than 62 years of age
during the tax year may not exceed 90 percent of the real market
value of the homestead.
(b) Property may continue to qualify for property tax deferral
under ORS 311.666 to 311.701 even though the amount of property
taxes being paid by the department may not increase the amount of
the lien arising under this section.
(11) This section first applies to liens for deferred taxes
arising on or after October 3, 1989.
SECTION 80. ORS 311.687 is amended to read:
311.687. (1) Property taxes imposed on the homestead of an
individual are ineligible for deferral under ORS 311.666 to
311.701 if the basis for deferral was the disability of the
individual and the individual { - is - } no longer
{ - disabled - } { + has a disability + } and:
(a) Is younger than 62 years of age; or
(b) Is 62 years of age or older and filed the claim for
deferral jointly with an individual who is younger than 62 years
of age and who is not a { - disabled - } person { + with a
disability + }.
(2) The property taxes that are ineligible for deferral under
subsection (1) of this section are those property taxes
attributable to the homestead of the individual for tax years
beginning subsequent to the loss of disability, until the
individual again qualifies for deferral under ORS 311.666 to
311.701.
(3) Nothing in this section shall affect the continued deferral
of taxes that have been deferred for tax years beginning prior to
the loss of disability.
SECTION 81. ORS 311.795 is amended to read:
311.795. (1) A county governing body may cancel all delinquent
taxes and the interest and penalties thereon accrued upon
property donated to any incorporated city or town or any park and
recreation district organized and operating under ORS chapter 266
for parks, playgrounds or a city hall. This section does not
apply if the city, town or park and recreation district makes any
payment to the owner, either directly or indirectly, for the
property.
(2) A county governing body may cancel all delinquent real
property taxes and interest and penalties due thereon from any
Enrolled Senate Bill 83 (SB 83-A) Page 93
taxpayer where the total of the same is less than $5, when in the
judgment of the county governing body the cost of collecting the
same will be greater than the amount to be collected.
(3) A county governing body may cancel all delinquent personal
property taxes and the interest and penalties thereon due from
any taxpayer where the total of the same is less than $5 and in
the judgment of the county governing body the cost of collecting
the same will be greater than the amount to be collected.
(4) Property taxes that are deferred under the { - senior or
disabled person - } homestead deferral program established under
ORS 311.666 to 311.701, special assessments for local
improvements that are deferred under ORS 311.702 to 311.735 or
property taxes that are deferred under the disaster area tax
deferral program established under ORS 311.740 to 311.780 are not
delinquent taxes for purposes of this section. A county governing
body may not cancel any deferred taxes, deferred special
assessments or interest or penalties that accrue with respect to
deferred taxes or deferred special assessments described in this
subsection.
SECTION 82. ORS 311.796 is amended to read:
311.796. (1) Prior to July 1, 2010, a county governing body may
cancel all delinquent taxes and the interest and penalties
thereon accrued upon property donated to this state or any
municipal corporation or political subdivision of this state or
private nonprofit corporation for the purposes of providing low
income housing, social services or child care or, in the case of
a nonprofit corporation, for the public purposes of the nonprofit
corporation. This section does not apply if the state or any
municipal corporation or political subdivision of this state or
private nonprofit corporation makes any payment to the owner,
either directly or indirectly, for the property.
(2) Property taxes that are deferred under the { - senior or
disabled person - } homestead deferral program established under
ORS 311.666 to 311.701, special assessments for local
improvements that are deferred under ORS 311.702 to 311.735 or
property taxes that are deferred under the disaster area tax
deferral program established under ORS 311.740 to 311.780 are not
delinquent taxes for purposes of this section. A county governing
body may not cancel any deferred taxes, deferred special
assessments or interest or penalties that accrue with respect to
deferred taxes or deferred special assessments described in this
subsection.
SECTION 83. ORS 315.262 is amended to read:
315.262. (1) As used in this section:
(a) 'Child care' means care provided to a qualifying child of
the taxpayer for the purpose of allowing the taxpayer to be
gainfully employed, to seek employment or to attend school on a
full-time or part-time basis, except that the term does not
include care provided by:
(A) The child's parent or guardian, unless the care is provided
in a certified or registered child care facility; or
(B) A person who has a relationship to the taxpayer that is
described in section 152(a) of the Internal Revenue Code who has
not yet attained 19 years of age at the close of the tax year.
(b) 'Child care expenses' means the costs associated with
providing child care to a qualifying child of a qualified
taxpayer.
(c) 'Earned income' has the meaning given that term in section
32 of the Internal Revenue Code.
(d) 'Qualified taxpayer' means a taxpayer:
Enrolled Senate Bill 83 (SB 83-A) Page 94
(A) Who is an Oregon resident with at least $6,000 of earned
income for the tax year or who is a nonresident of Oregon with at
least $6,000 of earned income from Oregon sources for the tax
year;
(B) With federal adjusted gross income for the tax year that
does not exceed 250 percent of the federal poverty level;
(C) With Oregon adjusted gross income for the tax year that
does not exceed 250 percent of the federal poverty level; and
(D) Who does not have more than the maximum amount of
disqualified income under section 32(i) of the Internal Revenue
Code that is allowed to a taxpayer entitled to the earned income
tax credit for federal tax purposes.
(e) 'Qualifying child' has the meaning given that term in
section 152 of the Internal Revenue Code except that it is
limited to an individual who is under 13 years of age, or who is
a
{ - disabled - } child { + with a disability + }, as that
term is defined in ORS 316.099.
(2) A qualified taxpayer shall be allowed a credit against the
taxes otherwise due under ORS chapter 316 equal to the applicable
percentage of the qualified taxpayer's child care expenses
(rounded to the nearest $50).
(3) The applicable percentage to be used in calculating the
amount of the credit provided in this section shall be determined
in accordance with the following table:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Applicable Greater of Oregon
Percentage Adjusted Gross Income or
Federal Adjusted
Gross Income, as Percent
of Federal Poverty Level
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
40 200 or less
36 Greater than 200 and less than
or equal to 210
32 Greater than 210 and less than
or equal to 220
24 Greater than 220 and less than
or equal to 230
16 Greater than 230 and less than
or equal to 240
8 Greater than 240 and less than
or equal to 250
0 Greater than 250 percent
of federal poverty level
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
Enrolled Senate Bill 83 (SB 83-A) Page 95
____________________________________________________________
_________________________________________________________________
(4) The Department of Revenue may prescribe the form used to
claim a credit and the information required on the form.
(5) In the case of a credit allowed under this section:
(a) A nonresident shall be allowed the credit under this
section in the proportion provided in ORS 316.117.
(b) If a change in the status of a taxpayer from resident to
nonresident or from nonresident to resident occurs, the credit
allowed by this section shall be determined in a manner
consistent with ORS 316.117.
(c) If a change in the taxable year of a taxpayer occurs as
described in ORS 314.085, or if the Department of Revenue
terminates the taxpayer's taxable year under ORS 314.440, the
credit allowed under this section shall be prorated or computed
in a manner consistent with ORS 314.085.
(d) In the case of a qualified taxpayer who is married, a
credit shall be allowed under this section only if:
(A) The taxpayer files a joint return;
(B) The taxpayer files a separate return and is legally
separated or subject to a separate maintenance agreement; or
(C) The taxpayer files a separate return and the taxpayer and
the taxpayer's spouse reside in separate households on the last
day of the tax year with the intent of remaining in separate
households in the future.
(6) If the amount allowable as a credit under this section,
when added to the sum of the amounts allowable as payment of tax
under ORS 316.187 (withholding), ORS 316.583 (estimated tax),
other tax prepayment amounts and other refundable credit amounts,
exceeds the taxes imposed by ORS chapters 314 and 316 for the tax
year (reduced by any nonrefundable credits allowable for purposes
of ORS chapter 316 for the tax year), the amount of the excess
shall be refunded to the taxpayer as provided in ORS 316.502.
(7)(a) The minimum amount of earned income a taxpayer must earn
in order to be a qualified taxpayer shall be adjusted for tax
years beginning in each calendar year by multiplying $6,000 by
the ratio of the monthly averaged U.S. City Average Consumer
Price Index for the 12 consecutive months ending August 31 of the
prior calendar year over the monthly averaged index for the
second quarter of the calendar year 1998.
(b) As used in this subsection, 'U.S. City Average Consumer
Price Index' means the U.S. City Average Consumer Price Index for
All Urban Consumers (All Items) as published by the Bureau of
Labor Statistics of the United States Department of Labor.
(c) If any adjustment determined under paragraph (a) of this
subsection is not a multiple of $50, the adjustment shall be
rounded to the nearest multiple of $50.
(d) Notwithstanding paragraphs (a) to (c) of this subsection,
the adjusted minimum amount of earned income a taxpayer must earn
may not exceed the amount an individual would earn if the
individual worked 1,040 hours at the minimum wage established
under ORS 653.025 and in effect on January 1 of the calendar year
in which begins the tax year of the taxpayer, rounded to the next
lower multiple of $50.
SECTION 84. ORS 316.099 is amended to read:
316.099. (1) As used in this section, unless the context
requires otherwise:
{ - (a) 'Early intervention services' means programs of
treatment and habilitation designed to address a child's
Enrolled Senate Bill 83 (SB 83-A) Page 96
developmental deficits in sensory, motor, communication,
self-help and socialization areas. - }
{ - (b) - } { + (a) + } ' { - Disabled - } Child { +
with a disability + } ' means a qualifying child under section
152 of the Internal Revenue Code who has been determined eligible
for early intervention services or is diagnosed for the purposes
of special education as being mentally retarded, multidisabled,
visually impaired, { + hard of + } hearing { - impaired - } ,
deaf-blind, orthopedically impaired or other health impaired or
as having autism, emotional disturbance or traumatic brain
injury, in accordance with State Board of Education rules.
{ + (b) 'Early intervention services' means programs of
treatment and habilitation designed to address a child's
developmental deficits in sensory, motor, communication,
self-help and socialization areas. + }
(c) 'Special education' means specially designed instruction to
meet the unique needs of a { - disabled - } child { + with a
disability + }, including regular classroom instruction,
instruction in physical education, home instruction and
instruction in hospitals, institutions and special schools.
(2) The State Board of Education shall adopt rules further
defining ' { - disabled - } child { + with a disability + } '
for purposes of this section. A diagnosis obtained for the
purposes of entitlement to special education or early
intervention services shall serve as the basis for a claim for
the additional credit allowed under subsection (3) of this
section.
(3) In addition to the personal exemption credit allowed by
this chapter for state personal income tax purposes for a
dependent of the taxpayer, there shall be allowed an additional
personal exemption credit for a { - disabled - } child
{ + with a disability + } if the child is a { - disabled - }
child { + with a disability + } at the close of the tax year.
The amount of the credit shall be equal to the amount allowed as
the personal exemption credit for the dependent for state
personal income tax purposes for the tax year.
(4) Each taxpayer qualifying for the additional personal
exemption credit allowed by this section may claim the credit on
the personal income tax return. However, the claim shall be
substantiated by any proof of entitlement to the credit as may be
required by the state board by rule.
SECTION 85. ORS 316.752 is amended to read:
316.752. For purposes of ORS 316.752 to 316.771:
(1) A person { - is 'severely disabled' - } { + has a
'severe disability' + } if the person:
(a) Has lost the use of one or more lower extremities;
(b) Has lost the use of both hands; or
(c) Has a physical or mental condition that limits the
abilities of the person to earn a living, maintain a household or
provide personal transportation for the person without employing
{ - special - } orthopedic or medical equipment or outside
help.
(2) 'Orthopedic or medical equipment' includes, but is not
limited to, wheelchairs, braces, prostheses or special crutches.
(3) 'Outside help' includes, but is not limited to, unrelated
individuals whom the { - severely disabled - } taxpayer
{ + with a severe disability + } employs to keep house, maintain
the house or yard, or to transport the taxpayer.
SECTION 86. ORS 316.758 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 97
316.758. In addition to the personal exemption credit allowed
by this chapter for state personal income tax purposes, there
shall be allowed an additional personal exemption credit for the
taxpayer if the taxpayer { - is severely disabled - } { + has
a severe disability + } at the close of the taxable year. The
amount of the credit shall be equal to the amount allowed as the
personal exemption credit for the taxpayer for state personal
income tax purposes for the taxable year.
SECTION 87. ORS 316.765 is amended to read:
316.765. (1) An additional personal exemption credit in the
same amount as allowed under ORS 316.758 for a { - severely
disabled - } taxpayer { + with a severe disability + } shall be
allowed for the spouse of the taxpayer if a separate return is
made by the taxpayer, and if the spouse:
(a) { - Is severely disabled - } { + Has a severe
disability + };
(b) Has no gross income for the calendar year in which the
taxable year of the taxpayer begins; and
(c) Is not the dependent of another taxpayer.
(2) In the case of a joint return, each spouse who { - is
severely disabled - } { + has a severe disability + } shall be
allowed the additional credit in the amount provided under ORS
316.758 if the spouse otherwise qualifies under this section.
(3) For purposes of this section, the determination of whether
the spouse { - is severely disabled - } { + has a severe
disability + } shall be made as of the close of the taxable year
of the taxpayer except that if the spouse dies during such
taxable year such determination shall be made as of the time of
the death of the spouse.
SECTION 88. ORS 323.455 is amended to read:
323.455. (1) All moneys received by the Department of Revenue
from the tax imposed by ORS 323.030 (1) shall be paid over to the
State Treasurer to be held in a suspense account established
under ORS 293.445. Amounts necessary to pay the expenses incurred
by the Department of Revenue and to reimburse the Oregon State
Police and the Department of Justice for the administration and
enforcement of ORS 323.005 to 323.482 are continuously
appropriated to the Department of Revenue from the suspense
account. After the payment of administrative and enforcement
expenses and refunds, 89.65 percent shall be credited to the
General Fund, 3.45 percent is appropriated to the cities of this
state, 3.45 percent is appropriated to the counties of this state
and 3.45 percent is continuously appropriated to the Department
of Transportation for the purpose of financing and improving
transportation services for elderly { + individuals + } and
{ - disabled - } individuals { + with disabilities + } as
provided in ORS 391.800 to 391.830.
(2) The moneys { - so - } appropriated to cities and
counties { + under subsection (1) of this section + } 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) The moneys appropriated to the Department of Transportation
under subsection (1) of this section shall be distributed and
Enrolled Senate Bill 83 (SB 83-A) Page 98
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 89. 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) 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 percent
shall be credited to the General Fund, 3.45 percent is
appropriated to the cities of this state, 3.45 percent is
appropriated to the counties of this state and 3.45 percent is
continuously appropriated to the Department of Transportation for
the purpose of financing and improving transportation services
for elderly { + individuals + } and
{ - disabled - } individuals { + with disabilities + } as
provided in ORS 391.800 to 391.830.
(2) 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) 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 90. ORS 327.013, as amended by section 2, chapter 4,
Oregon Laws 2006, is amended to read:
327.013. The State School Fund distributions for school
districts shall be computed as follows:
(1) General Purpose Grant = Funding Percentage X Target Grant X
District extended ADMw.
(2) The funding percentage shall be calculated by the
Superintendent of Public Instruction to distribute as nearly as
practicable the total sum available for distribution of money.
(3) Target Grant = Statewide Target per ADMw Grant + Teacher
Experience Factor.
(4) Statewide Target per ADMw Grant = $4,500.
Enrolled Senate Bill 83 (SB 83-A) Page 99
(5) Teacher Experience Factor = $25 X {District average teacher
experience - statewide average teacher experience}. ' Average
teacher experience' means the average, in years, of teaching
experience of certified teachers as reported to the Department of
Education.
(6) District extended ADMw = ADMw or ADMw of the prior year,
whichever is greater.
(7)(a) Weighted average daily membership or ADMw = average
daily membership + an additional amount computed as follows:
(A) 1.0 for each student in average daily membership eligible
for special education as a child with { - disabilities - }
{ + a disability + } under ORS 343.035, applicable to not to
exceed 11 percent of the district's ADM without review and
approval of the Department of Education. Children with
disabilities eligible for special education in adult local
correctional facilities as defined in ORS 169.005 or adult
regional correctional facilities as defined in ORS 169.620 may
not be included in the calculation of the 11 percent.
(B) 0.5 for each student in average daily membership eligible
for and enrolled in an English as a second language program under
ORS 336.079.
(C) 0.2 for each student in average daily membership enrolled
in a union high school district or in an area of a unified school
district where the district is only responsible for educating
students in grades 9 through 12 in that area.
(D) -0.1 for each student in average daily membership enrolled
in an elementary district operating kindergarten through grade 6
or kindergarten through grade 8 or in an area of a unified school
district where the district is only responsible for educating
students in kindergarten through grade 8.
(E) 0.25 times the sum of the following:
(i) The number of children 5 to 17 years of age in poverty
families in the district, as determined by the Department of
Education from a report of the federal Department of Education
based on the most recent federal decennial census, as adjusted by
the school district's proportion of students in the county
receiving free or reduced price lunches under the United States
Department of Agriculture's current Income Eligibility Guidelines
if the number is higher than the number determined from census
data and only if the school district had an average daily
membership of 2,500 or less for the 1995-1996 school year, and as
further adjusted by the number of students in average daily
membership in June of the year of distribution divided by number
of students in average daily membership in the district, or its
predecessors, in June of the year of the most recent federal
decennial census;
(ii) The number of children in foster homes in the district as
determined by the report of the Department of Human Services to
the federal Department of Education, 'Annual Statistical Report
on Children in Foster Homes and Children in Families Receiving
AFDC Payments in Excess of the Poverty Income Level,' or its
successor, for October 31 of the year prior to the year of
distribution; and
(iii) The number of children in the district in
state-recognized facilities for neglected and delinquent
children, based on information from the Department of Human
Services for October 31 of the year prior to the year of
distribution.
Enrolled Senate Bill 83 (SB 83-A) Page 100
(F) An additional amount as determined by ORS 327.077 shall be
added to the ADMw for each remote small elementary school and for
each small high school in the district.
(G) All numbers of children used for the computation in this
section must reflect any district consolidations that have
occurred since the numbers were compiled.
(b) The total additional weight that shall be assigned to any
student in average daily membership in a district, exclusive of
students described in paragraph (a)(E) and (F) of this subsection
shall not exceed 2.0.
(8) High cost disabilities grant = the total amount received by
a school district under ORS 327.348, for providing special
education and related services to resident pupils with
disabilities.
(9)(a) Transportation grant equals:
(A) 70 percent of approved transportation costs for those
school districts ranked below the 80th percentile under paragraph
(b) of this subsection.
(B) 80 percent of approved transportation costs for those
school districts ranked in or above the 80th percentile but below
the 90th percentile under paragraph (b) of this subsection.
(C) 90 percent of approved transportation costs for those
school districts ranked in or above the 90th percentile under
paragraph (b) of this subsection.
(b) Each fiscal year, the Department of Education shall rank
school districts based on the approved transportation costs per
ADM of each school district, ranking the school district with the
highest approved transportation costs per ADM at the top of the
order.
(10) Local Revenues are the total of the following:
(a) The amount of revenue offset against local property taxes
as determined by the Department of Revenue under ORS 311.175
(3)(a)(A);
(b) The amount of property taxes actually received by the
district including penalties and interest on taxes;
(c) The amount of revenue received by the district from the
Common School Fund under ORS 327.403 to 327.410;
(d) The amount of revenue received by the district from the
county school fund;
(e) The amount of revenue received by the district from the 25
percent of federal forest reserve revenues required to be
distributed to schools by ORS 294.060 (1);
(f) The amount of revenue received by the district from state
managed forestlands under ORS 530.115 (1)(b) and (c);
(g) Moneys received in lieu of property taxes;
(h) Federal funds received without specific application by the
school district and which are not deemed under federal law to be
nonsupplantable;
(i) Any positive amount obtained by subtracting the operating
property taxes actually imposed by the district, based on the
rate certified pursuant to ORS 310.060, from the amount that
would have been imposed by the district if the district had
certified the maximum rate of operating property taxes allowed by
law; and
(j) Any amount distributed to the district in the prior fiscal
year under section 4 (3), chapter 695, Oregon Laws 2001, or ORS
327.019 (8).
(11) Notwithstanding subsection (10) of this section, Local
Revenues do not include:
Enrolled Senate Bill 83 (SB 83-A) Page 101
(a) If a school district imposes local option taxes pursuant to
ORS 280.040 to 280.145, an amount equal to the lesser of:
(A) The amount of revenue actually received by the district
from local option taxes imposed pursuant to ORS 280.040 to
280.145;
(B) Fifteen percent of the combined total for the school
district of the general purpose grant, the transportation grant,
the facility grant and the high cost disabilities grant of the
district; or
(C) $750 per district extended ADMw; and
(b) For a school district with a statutory rate limit on July
1, 2003, that is greater than $4.50 per $1,000 of assessed value,
the amount of property taxes actually received by the district,
including penalties and interest on taxes, that results from an
increase in the rate of ad valorem property tax of the district
allowed under section 11 (5)(d), Article XI of the Oregon
Constitution.
(12)(a) Facility Grant = 8 percent of total construction costs
of new school buildings.
(b) A school district shall receive a Facility Grant in the
distribution year that a new school building is first used.
(c) As used in this subsection:
(A) 'New school building' includes new school buildings, adding
structures onto existing school buildings and adding
premanufactured structures to a school district if those
buildings or structures are to be used for instructing students.
(B) 'Construction costs' does not include costs for land
acquisition.
(13) Notwithstanding subsection (10)(i) of this section, Local
Revenues do not include any amount of operating property tax
authority of the district that is:
(a) Attributable to the suspension of ORS 310.239 by section 1,
chapter 4, Oregon Laws 2006; and
(b) Not actually imposed by the district.
SECTION 91. ORS 327.013, as amended by sections 2 and 4,
chapter 4, Oregon Laws 2006, is amended to read:
327.013. The State School Fund distributions for school
districts shall be computed as follows:
(1) General Purpose Grant = Funding Percentage X Target Grant X
District extended ADMw.
(2) The funding percentage shall be calculated by the
Superintendent of Public Instruction to distribute as nearly as
practicable the total sum available for distribution of money.
(3) Target Grant = Statewide Target per ADMw Grant + Teacher
Experience Factor.
(4) Statewide Target per ADMw Grant = $4,500.
(5) Teacher Experience Factor = $25 X {District average teacher
experience - statewide average teacher experience}. ' Average
teacher experience' means the average, in years, of teaching
experience of certified teachers as reported to the Department of
Education.
(6) District extended ADMw = ADMw or ADMw of the prior year,
whichever is greater.
(7)(a) Weighted average daily membership or ADMw = average
daily membership + an additional amount computed as follows:
(A) 1.0 for each student in average daily membership eligible
for special education as a child with { - disabilities - }
{ + a disability + } under ORS 343.035, applicable to not to
exceed 11 percent of the district's ADM without review and
approval of the Department of Education. Children with
Enrolled Senate Bill 83 (SB 83-A) Page 102
disabilities eligible for special education in adult local
correctional facilities as defined in ORS 169.005 or adult
regional correctional facilities as defined in ORS 169.620 may
not be included in the calculation of the 11 percent.
(B) 0.5 for each student in average daily membership eligible
for and enrolled in an English as a second language program under
ORS 336.079.
(C) 0.2 for each student in average daily membership enrolled
in a union high school district or in an area of a unified school
district where the district is only responsible for educating
students in grades 9 through 12 in that area.
(D) -0.1 for each student in average daily membership enrolled
in an elementary district operating kindergarten through grade 6
or kindergarten through grade 8 or in an area of a unified school
district where the district is only responsible for educating
students in kindergarten through grade 8.
(E) 0.25 times the sum of the following:
(i) The number of children 5 to 17 years of age in poverty
families in the district, as determined by the Department of
Education from a report of the federal Department of Education
based on the most recent federal decennial census, as adjusted by
the school district's proportion of students in the county
receiving free or reduced price lunches under the United States
Department of Agriculture's current Income Eligibility Guidelines
if the number is higher than the number determined from census
data and only if the school district had an average daily
membership of 2,500 or less for the 1995-1996 school year, and as
further adjusted by the number of students in average daily
membership in June of the year of distribution divided by number
of students in average daily membership in the district, or its
predecessors, in June of the year of the most recent federal
decennial census;
(ii) The number of children in foster homes in the district as
determined by the report of the Department of Human Services to
the federal Department of Education, 'Annual Statistical Report
on Children in Foster Homes and Children in Families Receiving
AFDC Payments in Excess of the Poverty Income Level,' or its
successor, for October 31 of the year prior to the year of
distribution; and
(iii) The number of children in the district in
state-recognized facilities for neglected and delinquent
children, based on information from the Department of Human
Services for October 31 of the year prior to the year of
distribution.
(F) An additional amount as determined by ORS 327.077 shall be
added to the ADMw for each remote small elementary school and for
each small high school in the district.
(G) All numbers of children used for the computation in this
section must reflect any district consolidations that have
occurred since the numbers were compiled.
(b) The total additional weight that shall be assigned to any
student in average daily membership in a district, exclusive of
students described in paragraph (a)(E) and (F) of this subsection
shall not exceed 2.0.
(8) High cost disabilities grant = the total amount received by
a school district under ORS 327.348, for providing special
education and related services to resident pupils with
disabilities.
(9)(a) Transportation grant equals:
Enrolled Senate Bill 83 (SB 83-A) Page 103
(A) 70 percent of approved transportation costs for those
school districts ranked below the 80th percentile under paragraph
(b) of this subsection.
(B) 80 percent of approved transportation costs for those
school districts ranked in or above the 80th percentile but below
the 90th percentile under paragraph (b) of this subsection.
(C) 90 percent of approved transportation costs for those
school districts ranked in or above the 90th percentile under
paragraph (b) of this subsection.
(b) Each fiscal year, the Department of Education shall rank
school districts based on the approved transportation costs per
ADM of each school district, ranking the school district with the
highest approved transportation costs per ADM at the top of the
order.
(10) Local Revenues are the total of the following:
(a) The amount of revenue offset against local property taxes
as determined by the Department of Revenue under ORS 311.175
(3)(a)(A);
(b) The amount of property taxes actually received by the
district including penalties and interest on taxes;
(c) The amount of revenue received by the district from the
Common School Fund under ORS 327.403 to 327.410;
(d) The amount of revenue received by the district from the
county school fund;
(e) The amount of revenue received by the district from the 25
percent of federal forest reserve revenues required to be
distributed to schools by ORS 294.060 (1);
(f) The amount of revenue received by the district from state
managed forestlands under ORS 530.115 (1)(b) and (c);
(g) Moneys received in lieu of property taxes;
(h) Federal funds received without specific application by the
school district and which are not deemed under federal law to be
nonsupplantable;
(i) Any positive amount obtained by subtracting the operating
property taxes actually imposed by the district, based on the
rate certified pursuant to ORS 310.060, from the amount that
would have been imposed by the district if the district had
certified the maximum rate of operating property taxes allowed by
law; and
(j) Any amount distributed to the district in the prior fiscal
year under section 4 (3), chapter 695, Oregon Laws 2001, or ORS
327.019 (8).
(11) Notwithstanding subsection (10) of this section, Local
Revenues do not include, if a school district imposes local
option taxes pursuant to ORS 280.040 to 280.145, an amount equal
to the lesser of:
(a) The amount of revenue actually received by the district
from local option taxes imposed pursuant to ORS 280.040 to
280.145;
(b) Fifteen percent of the combined total for the school
district of the general purpose grant, the transportation grant,
the facility grant and the high cost disabilities grant of the
district; or
(c) $750 per district extended ADMw.
(12)(a) Facility Grant = 8 percent of total construction costs
of new school buildings.
(b) A school district shall receive a Facility Grant in the
distribution year that a new school building is first used.
(c) As used in this subsection:
Enrolled Senate Bill 83 (SB 83-A) Page 104
(A) 'New school building' includes new school buildings, adding
structures onto existing school buildings and adding
premanufactured structures to a school district if those
buildings or structures are to be used for instructing students.
(B) 'Construction costs' does not include costs for land
acquisition.
SECTION 92. ORS 327.023 is amended to read:
327.023. In addition to those moneys distributed through the
State School Fund, the Department of Education shall provide from
state funds appropriated therefor, grants in aid or support for
special and compensatory education programs including:
(1) Special schools for children who are deaf or blind as
defined in ORS 346.010.
(2) Medicaid match for administration efforts to secure
Medicaid funds for services provided to children with
disabilities.
(3) Hospital programs for education services to children who
are hospitalized for extended periods of time or who require
hospitalization due to severe { - disability - }
{ + disabilities + } as described in ORS 343.261.
(4) Private agency programs for education services to children
who are placed by the state in long term care or treatment
facilities as described in ORS 343.961.
(5) Regional services provided to children with low-incidence
disabling conditions as described in ORS 343.236.
(6) Early childhood special education provided to preschool
children with disabilities from age three until age of
eligibility for kindergarten as described in ORS 339.185,
343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to
343.534.
(7) Early intervention services for preschool children from
birth until age three as described in ORS 339.185, 343.035,
343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534.
(8) Evaluation services for children with disabilities to
determine program eligibility and needs as described in ORS
343.146.
(9) Education services to children residing at state hospitals.
(10) Disadvantaged children program under ORS 343.680.
(11) Early childhood education under ORS 329.215 to 329.235.
(12) Child development specialist under ORS 329.255.
(13) Youth care centers under ORS 420.885.
(14) Staff development and mentoring.
(15) Professional technical education grants.
(16) Special science education programs.
(17) Talented and Gifted children program under ORS 343.391 to
343.413.
SECTION 93. ORS 327.348 is amended to read:
327.348. (1) There is established within the State School Fund
a High Cost Disabilities Account.
(2) Each fiscal year, the Department of Education shall
distribute moneys from the account to school districts as high
cost disabilities grants. A school district may receive moneys
from the account if the school district has a resident pupil with
{ - disabilities - } { + a disability + } for whom the
approved costs to the school district of providing special
education and related services, as determined under subsection
(4) of this section, exceed $30,000.
(3) The amount of moneys received by a school district under
this section for each resident pupil with { - disabilities - }
{ + a disability + } shall equal the approved costs, as
Enrolled Senate Bill 83 (SB 83-A) Page 105
determined under subsection (4) of this section, incurred by the
school district in providing special education and related
services to the pupil minus $30,000.
(4) The department shall determine the approved costs incurred
by a school district in providing special education and related
services to a pupil with { - disabilities - } { + a
disability + }. The approved costs incurred by a school district
may include costs incurred by an education service district of
providing special education and related services to the school
district through the resolution process described in ORS 334.175.
In determining the approved costs for which a school district may
receive moneys under this section, the department shall consider:
(a) How efficiently the special education and related services
are provided by the school district; and
(b) The use of available resources by the school district.
(5) If the total approved costs for which school districts are
seeking moneys from the account exceed the amount in the account
in any fiscal year, the department shall prorate the amount of
moneys available for distribution in the account among those
school districts that are eligible for moneys from the account.
(6) The department shall distribute any moneys in the account
that are not distributed under this section in any fiscal year to
school districts based on ORS 327.008 and 327.013.
(7) The State Board of Education may adopt any rules necessary
for the administration of this section.
SECTION 94. ORS 336.790 is amended to read:
336.790. As used in ORS 336.790 to 336.815, unless the context
requires otherwise:
(1) 'Commercial driver training school' means a school operated
by a person issued a commercial driver training school
certificate by the Department of Transportation under ORS
822.515.
(2) 'Facility' means any facility for { - the - }
{ + children who are + } deaf operated under ORS 346.010.
(3) 'Private school' means a private or parochial high school.
(4) 'Public school' means a common or union high school
district, education service district and a community college
district.
SECTION 95. ORS 339.035 is amended to read:
339.035. (1) As used in this section, 'education service
district' means the education service district that contains the
school district of which the child is a resident.
(2) When a child is taught or is withdrawn from a public school
to be taught by a parent, legal guardian or private teacher, as
provided in ORS 339.030, the parent, legal guardian or private
teacher must notify the education service district in writing. In
addition, when a child who is taught by a parent, legal guardian
or private teacher moves to a new education service district, the
parent, legal guardian or private teacher shall notify the new
education service district in writing. The education service
district shall acknowledge receipt of any notification in
writing.
(3) Children being taught as provided in subsection (2) of this
section shall be examined at grades 3, 5, 8 and 10 in accordance
with the following procedures:
(a) The State Board of Education shall adopt by rule a list of
approved comprehensive examinations that are readily available.
(b)(A) The parent or legal guardian shall select an examination
from the approved list and arrange to have the examination
Enrolled Senate Bill 83 (SB 83-A) Page 106
administered to the child by a qualified neutral person, as
defined by rule by the State Board of Education.
(B) If the child was withdrawn from public school, the first
examination shall be administered to the child at least 18 months
after the date on which the child was withdrawn from public
school.
(C) If the child never attended public or private school, the
first examination shall be administered to the child prior to the
end of grade three.
(c) The person administering the examination shall:
(A) Score the examination; and
(B) Report the results of the examination to the parent or
legal guardian.
(d) Upon request of the superintendent of the education service
district, the parent or legal guardian shall submit the results
of the examination to the education service district.
(4)(a) If the composite test score of the child places the
child below the 15th percentile based on national norms, the
child shall be given an additional examination within one year of
when the first examination was administered.
(b) If the composite test score of the child on the second
examination shows a declining score, then the child shall be
given an additional examination within one year of when the
second examination was administered and the superintendent of the
education service district may:
(A) Allow the child to continue to be taught by a parent, legal
guardian or private teacher; or
(B) Place the education of the child under the supervision of a
person holding a teaching license who is selected by the parent
or legal guardian at the expense of the parent or legal guardian.
If the composite test score of the child continues to show a
declining score, the superintendent of the education service
district may:
(i) Allow the child to continue under the educational
supervision of a licensed teacher selected by the parent or legal
guardian and require that the child be given an additional
examination within one year of when the last examination was
administered;
(ii) Allow the child to be taught by a parent, legal guardian
or private teacher and require that the child be given an
additional examination within one year of when the last
examination was administered; or
(iii) Order the parent or legal guardian to send the child to
school for a period not to exceed 12 consecutive months as
determined by the superintendent.
(c) If the parent or legal guardian of the child does not
consent to placing the education of the child under the
supervision of a licensed teacher who is selected by the parent
or legal guardian, then the superintendent of the education
service district may order the child to return to school for a
period not to exceed 12 consecutive months as determined by the
superintendent.
(d) If the composite test score of the child on an examination
is equal to or greater than the percentile score on the prior
test, the child may be taught by a parent, legal guardian or
private teacher and for the next examination be examined pursuant
to paragraph (a) of this subsection or subsection (3) of this
section.
(5)(a) Notwithstanding the examination requirements of
subsections (3) and (4) of this section, the parent or legal
Enrolled Senate Bill 83 (SB 83-A) Page 107
guardian of a child with { - disabilities - } { + a
disability + } who has an individualized education plan and is
receiving special education and related services through the
school district or who is being educated in accordance with a
privately developed plan shall be evaluated for satisfactory
educational progress according to the recommendations of the
plan.
(b) The parent or legal guardian of a child with
{ - disabilities - } { + a disability + } who was evaluated
by service providers selected by the parent or legal guardian
based on a privately developed plan shall submit a report of such
evaluation to the education service district in lieu of the
examination results required by subsections (3) and (4) of this
section.
(c) A child with { - disabilities - } { + a disability + }
described in this subsection shall not be subject to the
examination requirements of subsections (3) and (4) of this
section unless the examination is recommended in the plan in
effect for the child.
SECTION 96. ORS 339.137 is amended to read:
339.137. (1) A student described in ORS 336.580 shall be
considered a resident of the school district in which the student
resides by reason of the placement under ORS 336.580 for purposes
of distribution of the State School Fund.
(2) A student described in subsection (1) of this section must
be admitted to the public schools of the school district where
the student is placed pursuant to ORS 336.580.
(3) Except as provided in ORS 343.261, 343.961 and 346.010, the
school district shall provide or cause to be provided appropriate
education to any student described in subsection (1) of this
section, including the identification and evaluation of the
student for purposes of determining eligibility as a child with
{ - disabilities - } { + a disability + } to receive special
education and related services enumerated in ORS 343.035 and
services related to a disadvantaged child as defined in ORS
343.650. Suspension or expulsion of a student from the regular
school program does not relieve the district of the obligation to
provide instruction in the residential program in which the child
resides or in another appropriate facility.
SECTION 97. ORS 339.240 is amended to read:
339.240. (1) The State Board of Education in accordance with
ORS chapter 183 shall adopt rules setting minimum standards for
pupil conduct and discipline and for rights and procedures
pertaining thereto that are consistent with orderly operation of
the educational processes and with fair hearing requirements. The
rules shall be distributed by the Superintendent of Public
Instruction to all school districts.
(2) Every district school board shall adopt and attempt to give
the widest possible distribution of copies of reasonable written
rules regarding pupil conduct, discipline and rights and
procedures pertaining thereto. Such rules must comply with
minimum standards adopted by the State Board of Education under
subsection (1) of this section.
(3) Every district school board shall enforce consistently and
fairly its written rules regarding pupil conduct, discipline and
rights. This subsection does not apply to a pupil who is eligible
for special education as a child with { - disabilities - }
{ + a disability + } under ORS 343.035.
SECTION 98. ORS 339.252 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 108
339.252. (1) As used in this section, 'child with a disability'
has the meaning given that term in ORS 343.035.
(2) A child with a disability continues to be entitled to a
free appropriate public education if the child has been removed
for disciplinary reasons from the child's current educational
placement for more than 10 school days in a school year.
(3) A disciplinary removal is considered a change in
educational placement and the school district shall follow
special education due process procedures under ORS 343.155 (5)
if:
(a) The removal is for more than 10 consecutive school days; or
(b) The child is removed for more than 10 cumulative school
days in a school year, and those removals constitute a pattern
based on the length and total time of removals and the proximity
of the removals to one another.
(4) A child with a disability shall not be removed for
disciplinary reasons under subsection (3) of this section for
misconduct that is a manifestation of the child's disability,
except as provided under ORS 343.177.
(5) Notwithstanding ORS 339.250 (9) and (10), a school district
shall provide a free appropriate public education in an
alternative setting to a child with { - disabilities - }
{ + a disability + } even if the basis for expulsion was a
weapon violation pursuant to ORS 339.250 (6).
(6) School personnel may consider any unique circumstances on a
case-by-case basis when determining whether to order a change in
placement for a child with a disability who violates a code of
student conduct.
SECTION 99. ORS 341.937 is amended to read:
341.937. In preparing budget requests for each biennium, after
consultation with the community colleges and their respective
representatives of the { - disabled - } community { + of
persons with disabilities + } at the colleges, the State Board of
Education shall include amounts for capital improvements that
will be applied to the substantial reduction and eventual
elimination of barriers to access by { - disabled - }
persons { + with disabilities + }.
SECTION 100. ORS 342.120 is amended to read:
342.120. As used in this chapter, unless the context requires
otherwise:
(1) 'Administrator' includes all superintendents, assistant
superintendents and principals in the public schools or education
service districts.
(2) 'Approved teacher education institution' is one which meets
the standards of the Teacher Standards and Practices Commission
for preparation of teachers for preprimary programs and grades 1
through 12.
(3) 'Approved teacher education program' is one offered by an
approved teacher education institution and is so recognized by
the Teacher Standards and Practices Commission, after considering
recommendations of the State Board of Education.
(4) 'Commission' means the Teacher Standards and Practices
Commission.
(5) 'Educational assistant' means a classified school employee
who does not require a license to teach, who is employed by a
school district or education service district and whose
assignment consists of and is limited to assisting a licensed
teacher in accordance with rules established by the State Board
of Education.
Enrolled Senate Bill 83 (SB 83-A) Page 109
(6) 'Instruction' includes direction of learning in class, in
small groups, in individual situations, in the library and in
guidance and counseling, but does not include the provision of
related services, as defined in ORS 343.035, to a child
identified as a child with { - disabilities - } { + a
disability + } pursuant to ORS 343.146 to 343.183 when provided
in accordance with ORS 343.221.
(7) 'Intern teacher' means a regularly enrolled student of an
approved teacher education institution who teaches under the
supervision of the staff of the institution and of the employing
school district in order to acquire practical experience in
teaching and for which the student receives both academic credit
from the institution and financial compensation from the school
district or education service district.
(8) 'State board' means the State Board of Education.
(9) 'Teacher' includes all licensed employees in the public
schools or employed by an education service district who have
direct responsibility for instruction, coordination of
educational programs or supervision or evaluation of teachers and
who are compensated for their services from public funds.
'Teacher' does not include a school nurse as defined in ORS
342.455.
(10) 'Teaching license' means a license issued under ORS
342.125 or 342.144.
SECTION 101. ORS 342.360 is amended to read:
342.360. (1) The membership of the Teacher Standards and
Practices Commission shall consist of:
(a) Four elementary teachers;
(b) Four junior or senior high school teachers;
(c) One elementary school administrator;
(d) One junior or senior high school administrator;
(e) One superintendent of city schools;
(f) One county superintendent or a superintendent employed by
an education service district board;
(g) One member from the faculty of an approved private teacher
education institution in Oregon;
(h) One member from the faculty of a state institution of
higher education;
(i) One member who is also a member of a district school board;
and
(j) Two members of the general public.
(2) Except for those members appointed under subsection (1)(i)
and (j) of this section, members must have been actively engaged
in teaching, supervising or administering in the public schools
or in approved teacher education institutions in Oregon for the
period of five years immediately preceding appointment. Acting
as an elected representative of teachers, supervisors or
administrators shall be considered teaching, supervising or
administering for the purposes of the five-year experience
requirement. In addition, members appointed under subsection
(1)(a) to (f) of this section must hold valid Oregon teaching or
administrative licenses other than restricted teaching or
administrative licenses.
(3)(a) Throughout the term for which appointed, one of the
members appointed under subsection (1)(a) to (j) of this section
must hold a teaching license with an endorsement in some aspect
of special education or have demonstrated knowledge or experience
in special education.
(b) As used in this subsection, 'special education' means
specially designed education to meet the goals of the individual
Enrolled Senate Bill 83 (SB 83-A) Page 110
education program of a child with { - disabilities - } { + a
disability + } including regular classroom instruction,
instruction in physical education, home instruction, related
services and instruction in hospitals, institutions and special
schools.
SECTION 102. ORS 343.035 is amended to read:
343.035. As used in this chapter unless the context requires
otherwise:
(1) { - ' Children with disabilities' - } { + ' Child
with a disability' + } means { - those - } { + a + }
school-age { - children - } { + child + } who { - are - }
{ + is + } entitled to a free appropriate public education as
specified by ORS 339.115 and who { - require - }
{ + requires + } special education because
{ - they have - } { + the child has + } been evaluated as
having one of the following conditions as defined by rules
established by the State Board of Education: Mental retardation,
hearing impairment including difficulty in hearing and deafness,
speech or language impairment, visual impairment, including
blindness, deaf-blindness, emotional disturbance, orthopedic or
other health impairment, autism, traumatic brain injury or
specific learning disabilities.
(2) 'Decision' means the decision of the hearing officer.
(3) 'Determination' means the determination by the school
district concerning the identification, evaluation or educational
placement of a child with { - disabilities - } { + a
disability + } or the provision of a free appropriate public
education to the child in a program paid for by the district.
(4) 'Developmental delay' means:
(a) Delay, at a level of functioning and in accordance with
criteria established by rules of the State Board of Education, in
one or more of the following developmental areas: Cognitive
development; physical development, including vision and hearing;
communication development; social or emotional development or
adaptive development; or
(b) A disability, in accordance with criteria established by
rules of the State Board of Education, that can be expected to
continue indefinitely and is likely to cause a substantial delay
in a child's development and ability to function in society.
(5) 'Early childhood special education' means free,
appropriate, specially designed instruction to meet the unique
needs of a preschool child with a disability, three years of age
until the age of eligibility for kindergarten, where instruction
is provided in any of the following settings: Home, hospitals,
institutions, special schools, classrooms, and community child
care or preschool settings, or both.
(6) 'Early intervention services' means services for preschool
children with disabilities from birth until three years of age
that are:
(a) Designed to meet the developmental needs of children with
disabilities and the needs of the family related to enhancing the
child's development;
(b) Selected in collaboration with the parents; and
(c) Provided:
(A) Under public supervision;
(B) By personnel qualified in accordance with criteria
established by rules of the State Board of Education; and
(C) In conformity with an individualized family service plan.
(7) 'Individualized education program' means a written
statement of an educational program for a child with a disability
Enrolled Senate Bill 83 (SB 83-A) Page 111
that is developed, reviewed and revised in a meeting in
accordance with criteria established by rules of the State Board
of Education for each child eligible for special education and
related services under this chapter.
(8) 'Individualized family service plan' means a written plan
of early childhood special education, related services, early
intervention services and other services developed in accordance
with criteria established by rules of the State Board of
Education for each child eligible for services under this
chapter.
(9) 'Instruction' means providing families with information and
skills that support the achievement of the goals and outcomes in
the child's individualized family service plan and working with
preschool children with disabilities in one or more of the
following developmental areas: Communication development, social
or emotional development, physical development, including vision
and hearing, adaptive development and cognitive development.
(10) 'Mediation' means a voluntary process in which an
impartial mediator assists and facilitates two or more parties to
a controversy in reaching a mutually acceptable resolution of the
controversy and includes all contacts between a mediator and any
party or agent of a party, until such time as a resolution is
agreed to by the parties or the mediation process is terminated.
(11) 'Order' has the meaning given that term in ORS chapter
183.
(12) 'Other services' means those services which may be
provided to preschool children with disabilities and to their
families that are not early childhood special education or early
intervention services and are not paid for with early childhood
special education or early intervention funds.
(13) 'Parent' means the parent, person acting as a parent or a
legal guardian, other than a state agency, of the child or the
surrogate parent. 'Parent' may be further defined by rules
adopted by the State Board of Education.
(14) 'Preschool { - children - } { + child + } with
{ - disabilities - } { + a disability + } ' means { - all
children - } { + a child + } from:
(a) Birth until three years of age who { - are - }
{ + is + } eligible for early intervention services because
{ - they are - } { + the child is + } experiencing
developmental delay or { - have - } { + has a + } diagnosed
mental or physical { - conditions - } { + condition + } that
will result in developmental delay; or
(b) Three years of age to eligibility for entry into
kindergarten who { - need - } { + needs + } early childhood
special education services because { - they are - } { + the
child is + } experiencing developmental delay or because
{ - they have - } { + the child has + } been evaluated as
having one of the conditions listed for { + a + } school-age
{ - children - } { + child + } under subsection (1) of this
section.
(15) 'Related services' means transportation and such
developmental, corrective and other supportive services as are
required to assist a child with { - disabilities - } { + a
disability + } to benefit from special education, and includes
speech-language and audiology services, interpreting services,
psychological services, physical and occupational therapy,
recreation including therapeutic recreation, social work
services, school nurse services designed to enable a child with a
disability to receive a free appropriate public education as
Enrolled Senate Bill 83 (SB 83-A) Page 112
described in the individualized education program of the child,
early identification and assessment of disabilities in children,
counseling services including rehabilitation counseling,
orientation and mobility services, medical services for
diagnostic or evaluation purposes and parent counseling and
training. ' Related services' does not include a medical device
that is surgically implanted or the replacement of a medical
device that is surgically implanted.
(16) 'School district' means a common or union high school
district or an education service district that is charged with
the duty or contracted with by a public agency to educate
children eligible for special education.
(17) 'Service coordination' means the activities carried out by
a service coordinator to assist and enable a preschool child with
{ - disabilities - } { + a disability + } and the child's
family to receive the rights, procedural safeguards and services
that are authorized under the state's early intervention and
early childhood special education programs and to coordinate
access to other services designated on the individualized family
service plan.
(18)(a) 'Special education' means specially designed
instruction at no cost to the parents, to meet the unique needs
of a child with a disability, including instruction conducted in
the classroom, in the home, in hospitals and institutions and in
other settings, and instruction in physical education.
(b) 'Special education' also includes speech-language services,
transition services or other related services designated by rule
if it consists of specially designed instruction, at no cost to
the parents, to meet the unique needs of a child with a
disability.
(19) 'Unaccompanied homeless youth' has the meaning given that
term in the McKinney-Vento Homeless Assistance Act, 42 U.S.C.
11434a(6).
(20) 'Ward of the state' means a child who is temporarily or
permanently in the custody of, or committed to, a public or
private agency through the action of the juvenile court. 'Ward of
the state' may be further defined by rules adopted by the State
Board of Education.
SECTION 103. ORS 343.155 is amended to read:
343.155. The State Board of Education shall establish by rule
procedures to protect the rights of every child with a disability
who is eligible for special education and every child who there
is a reasonable cause to believe has a disability, including:
(1) Rules providing for the participation of the parents of a
child with a disability in meetings regarding the child's
identification, evaluation, individualized education program,
educational placement and the provision of a free appropriate
public education to the child.
(2) Rules governing the procedures for the appointment of a
surrogate for the parent and other rules necessary to protect the
special educational rights of the child, which shall include, but
need not be limited to, rules applicable whenever:
(a) No parent of the child can be identified or located after
reasonable efforts;
(b) There is reasonable cause to believe that the child has a
disability and is a ward of the state;
(c) The child is an unaccompanied homeless youth; or
(d) The child reaches the age of majority and has been
determined not to have the ability to give informed consent
regarding the child's education.
Enrolled Senate Bill 83 (SB 83-A) Page 113
(3) Rules prescribing mediation procedures, resolution sessions
and hearings procedures if identification, evaluation, individual
education program or placement is contested.
(4) Rules prescribing when notice of procedural safeguards must
be given to the parents or the child with { - disabilities - }
{ + a disability + } who has reached the age of majority, the
content of the notice and the language of the notice.
(5) Rules prescribing standards and procedures for disciplinary
actions for behavior or misconduct of a child with a disability.
(6) Other procedural safeguards as required by law.
SECTION 104. ORS 343.165 is amended to read:
343.165. (1) A hearing shall be conducted pursuant to rules of
the State Board of Education if:
(a) The parent requests a hearing to contest the determination
of the school district concerning the identification, evaluation,
individualized education program, educational placement or the
provision of a free appropriate public education to the child; or
(b) The school district requests a hearing to obtain a decision
regarding whether its identification, evaluation, individualized
education program or educational placement of the child is
appropriate or whether the district's proposed action is
necessary to provide the child with a free appropriate public
education.
(2) Notwithstanding subsection (1)(b) of this section, a school
district may not request a hearing if a parent refuses consent
for placement in a program providing special education and
related services.
(3)(a) Except as provided in paragraph (b) of this subsection,
a hearing described in subsection (1) of this section must be
requested within two years after the date of the act or omission
that gives rise to the right to request a hearing under
subsection (1) of this section.
(b) The timeline described in paragraph (a) of this subsection
does not apply to a parent if the parent was prevented from
requesting the hearing due to:
(A) Specific misrepresentations by the school district that it
had resolved the problem forming the basis of the complaint; or
(B) The school district withholding from the parent information
that the district was required to provide under this chapter.
(4) The State Board of Education shall adopt rules that
establish when a school district is obligated to initiate a
contested case hearing to ensure that a student with
{ - disabilities - } { + a disability + } is provided with a
free appropriate public education.
(5) The board's rules in subsection (1) of this section shall
be as consistent as possible with the procedures applicable to a
contested case under ORS chapter 183. However, the board's rules
shall provide that:
(a) Any party to a hearing has the right to prohibit the
introduction of any evidence that has not been disclosed to that
party at least five business days before the hearing; and
(b) The hearing officer may prohibit the introduction of any
evidence regarding evaluations and recommendations based on those
evaluations that a party intends to use at the hearing, if the
evidence has not been disclosed to the other party at least five
business days before the hearing, unless the other party consents
to the introduction of the evidence.
(6) Notwithstanding subsection (5) of this section, in an
expedited hearing the evidence must be disclosed to the other
party not later than two business days before the hearing.
Enrolled Senate Bill 83 (SB 83-A) Page 114
(7) The parent shall be entitled to have the child who is the
subject of the hearing present at the hearing and to have the
hearing open to the public.
(8) An expedited hearing shall be held if:
(a) In a dispute over a disciplinary action for a child with a
disability, the child's parent disagrees with a determination
that the child's behavior was not a manifestation of the child's
disability or with any decision regarding the child's educational
placement; or
(b) The school district believes that maintaining the current
placement for the child is substantially likely to result in
injury to the child or others.
(9) The hearing shall be conducted by an independent hearing
officer appointed by the Superintendent of Public Instruction.
The hearing officer:
(a) Shall not be:
(A) An employee of a school district involved in the education
or care of the child;
(B) An employee of the Department of Education; or
(C) A person having any personal or professional interest that
would conflict with the person's objectivity in the hearing.
(b) Shall possess:
(A) Knowledge of, and the ability to understand, the provisions
of state and federal special education laws, regulations and
legal interpretations by federal and state courts;
(B) The knowledge and ability to conduct hearings in accordance
with appropriate standard legal practice; and
(C) The knowledge and ability to render and write decisions in
accordance with standard legal practice.
SECTION 105. ORS 343.193 is amended to read:
343.193. (1) Any public or private official having reasonable
cause to believe that any child with whom the official comes in
contact officially is a { - disabled - } child { + with a
disability + } who is eligible for but not enrolled in a special
education program shall report to the Superintendent of Public
Instruction the child's name and the facts leading the official
to the belief.
(2) Nothing in ORS 40.225 to 40.295 shall affect the duty to
report imposed by subsection (1) of this section except that a
physician, licensed psychologist, member of the clergy or
attorney shall not be required to report information communicated
by an adult if such information is privileged under ORS 40.225 to
40.295.
(3) Upon receipt of a report under subsection (1) of this
section, the Superintendent of Public Instruction shall verify
whether the child is enrolled in a special education program and
may cause an investigation, including an evaluation under ORS
343.146, to be made to determine whether the child is eligible
for a program under ORS 343.221.
(4) As used in this section, 'public or private official ' has
the meaning given in ORS 419B.005.
SECTION 106. ORS 343.224 is amended to read:
343.224. School districts shall not be financially responsible
for noneducational care of a child with { - disabilities - }
{ + a disability + } unless that district has participated in
development of the child's individualized education plan that
clearly documents such care is prerequisite to the child
receiving a free and appropriate education and the placement is
for educational program needs, rather than care needs.
SECTION 107. ORS 343.600 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 115
343.600. It shall be the policy of this state that
{ - blind - } students { + who are blind and + } who, due to
lack of visual acuity or perception, cannot read printed material
at a competitive rate of speed and with facility, or who have a
reasonable expectation of visual deterioration, shall be
encouraged to learn to read and write Braille.
SECTION 108. ORS 344.511 is amended to read:
344.511. As used in ORS 344.511 to 344.690 and 344.710 to
344.730:
(1) 'Department' means the Department of Human Services.
(2) 'Director' means the Director of Human Services.
(3) ' { - Disabled - } Individual { + with a disability + }
' means { - any person - } { + an individual + } who has a
substantial occupational handicap due to a physical or mental
condition except blindness.
{ + (4) 'Individual with a severe disability' means an
individual with a disability who, because of the nature of
disabilities, is not able to participate fully in competitive
employment, and for whom specialized employment opportunities
must be provided. + }
{ - (4) - } { + (5) + } 'Maintenance' means money payments,
during vocational rehabilitation, to individuals with
occupational handicaps found to require financial assistance with
respect thereto in order to effectuate the vocational
rehabilitation of such individuals.
{ - (5) - } { + (6) + } 'Occupational handicap' means a
physical or mental condition other than blindness which,
regardless of its origin, constitutes, contributes to, or, if not
corrected, will probably result in, an obstruction to
occupational performance or the condition of being an untrained
individual.
{ - (6) - } { + (7) + } 'Occupational licenses' means any
license, permit or other written authority required by any
governmental unit to be obtained in order to engage in any
occupation.
{ - (7) - } { + (8) + } 'Occupational tools, equipment and
supplies ' means such customary implements, appliances,
apparatus, fixtures and materials as are necessary for the
successful prosecution of the employment objective of an
individual with an occupational handicap.
{ - (8) - } { + (9) + } 'Physical restoration' means any
medical, surgical or therapeutic treatment necessary to correct
or substantially modify an individual's occupational handicap
within a reasonable length of time. The term includes but is not
limited to medical, psychiatric, dental and surgical treatment,
nursing services, hospital and convalescent home care, medical
and surgical drugs and supplies, and prosthetic appliances,
excluding curative treatment for acute or transitory conditions.
{ - (9) - } { + (10) + } 'Prosthetic appliance' means any
artificial appliance designed to support or take the place of a
part of the body or to increase the acuity of a sense organ.
{ - (10) - } { + (11) + } 'Rehabilitation training' means
all training provided, directly or through public or private
instrumentalities, to an individual to compensate for the
occupational handicap of the individual. The term includes but is
not limited to manual, preconditioning, prevocational, vocational
and supplementary training and training provided for the purpose
of achieving broader and more remunerative skills and capacities.
{ - (11) 'Severely handicapped individual' means a disabled
individual who, because of the nature of disabilities, is not
Enrolled Senate Bill 83 (SB 83-A) Page 116
able to participate fully in competitive employment, and for whom
specialized employment opportunities must be provided. - }
(12) 'Untrained individual' means any person without mental or
physical disability who has a substantial occupational handicap
due to lack of occupational training, experience, skills or other
factors and who is receiving and, in the opinion of the
Department of Human Services, probably will continue to receive
public assistance because of the occupational handicap of the
individual.
(13) 'Vocational rehabilitation' and 'vocational rehabilitation
services' mean any services necessary to enable an individual
with an occupational handicap to engage in a remunerative
occupation and include, but are not limited to, medical and
vocational diagnoses, vocational guidance, counseling and
placement, rehabilitation training, physical restoration,
transportation, occupational licenses, occupational tools,
equipment and supplies, maintenance and training books, supplies
and materials.
SECTION 109. ORS 344.530 is amended to read:
344.530. Notwithstanding any other provisions of the law, the
Department of Human Services shall perform the following
vocational rehabilitation functions:
(1) Establish and enforce such rules as may be necessary to:
(a) Carry out ORS 344.511 to 344.690 and 344.710 to 344.730;
and
(b) Safeguard the confidential character of vocational
rehabilitation information and records.
(2) Cooperate with public and private departments, agencies and
institutions in:
(a) Providing for the vocational rehabilitation of individuals
with occupational { - disabilities - } { + handicaps + };
(b) Studying the problems involved therein; and
(c) Establishing, developing and providing, in conformity with
ORS 344.511 to 344.690 and 344.710 to 344.730, such programs,
facilities and services as may be necessary.
(3) Enter into reciprocal agreements with other states relative
to the provision of vocational rehabilitation to residents of the
states concerned.
(4) Conduct research and compile statistics relating to the
vocational rehabilitation of individuals with occupational
{ - disabilities - } { + handicaps + }.
(5) Encourage and assist { - severely disabled - }
individuals { + with severe disabilities + } in the
establishment, maintenance and conduct of appropriate home
industries within their capacities and in the promotion of the
sale and distribution of the products of such home industries.
All funds collected or received from such activities shall be
deposited in a permanent special fund in the State Treasury and
shall be used for the operation of such home industries as
determined by the department.
(6) For rehabilitation facilities:
(a) Establish, conduct and maintain facilities necessary for
the sheltered employment of { - severely disabled - }
individuals { + with severe disabilities + };
(b) Pay the individuals employed in the facilities suitable
wages;
(c) Devise means for the sale and distribution of the products
of the facilities;
Enrolled Senate Bill 83 (SB 83-A) Page 117
(d) Devise a subsidy program, and include a plan for its
funding in each biennial budget submitted to the Legislative
Assembly; and
(e) Take such other action as may be necessary to
{ - insure - } { + ensure + } the successful operation of the
facilities established.
(7) Deposit in the State Vocational Rehabilitation Account all
funds collected or received from activities described in
subsection (6) of this section, which shall be used for the
operation of facilities necessary for the sheltered employment of
{ - severely disabled - } individuals { + with severe
disabilities + } as determined by the department.
(8) Take such other action as may be necessary to carry out ORS
344.511 to 344.690 and 344.710 to 344.730.
SECTION 110. ORS 344.550 is amended to read:
344.550. (1) Vocational rehabilitation services shall be
provided to any { - disabled - } individual { + with a
disability + }:
(a) Who is in the state and files an application therefor and
who is not in the state for the sole purpose of receiving
vocational rehabilitation services.
(b) Who is eligible for vocational rehabilitation service under
the terms of an agreement with another state or with the federal
government.
(2) Except as otherwise provided by law or as specified in any
agreement with the federal government with respect to classes of
individuals certified by the Department of Human Services, the
following rehabilitation services shall be provided at public
cost only to { - disabled - } individuals { + with
disabilities + } found to require financial assistance with
respect thereto:
(a) Physical restoration.
(b) Transportation not provided to determine the eligibility of
the individual for vocational rehabilitation services and the
nature and extent of the services necessary.
(c) Occupational licenses.
(d) Customary occupational tools and equipment.
(e) Maintenance.
(f) Training books and materials.
SECTION 111. ORS 344.720 is amended to read:
344.720. (1) Upon approval of the rehabilitation facility and
within the limits of available funds, the Department of Human
Services may make grants to assist rehabilitation facilities.
(2) Applications for grants under subsection (1) of this
section shall be made in the manner and form and contain the
information required by the department.
(3) The approval of the department required by subsection (1)
of this section shall be based on reasonable and satisfactory
assurance of:
(a) Provision for vocational training and employment experience
to enable { - the disabled or severely disabled - } individuals
{ + with disabilities or severe disabilities + } to participate
in competitive employment when the physical condition of the
{ - person - } { + individual + } warrants such employment
{ - . - } { + ; and + }
(b) Compliance with the rules of the department applicable to
rehabilitation facilities.
SECTION 112. ORS 344.735 is amended to read:
344.735. (1) There is established a state advisory committee
that shall function solely in an advisory capacity to the
Enrolled Senate Bill 83 (SB 83-A) Page 118
Director of Human Services on vocational rehabilitation services.
The director shall appoint members to the advisory committee. A
majority of the advisory committee shall be { - disabled - }
persons { + with disabilities + }.
(2) The director shall include advisory committee
recommendations in the Department of Human Services'
decision-making process. The advisory committee shall:
(a) Collect and study data and other information and offer
advice concerning specialized needs of specific client groups;
(b) Provide liaison between the department and the
rehabilitation community;
(c) Review and suggest new and revised legislation affecting
the provision of vocational rehabilitation services to
{ - Oregon's disabled - } { + Oregonians with
disabilities + };
(d) Study, collect data and offer advice regarding high
priority issues identified by the department;
(e) Consider items of statewide concern relayed from regional
advisory committees; and
(f) Utilize regional committees as a resource for gathering
information as it relates to the individual areas.
(3) Through the advisory committee, the department shall take
into account views of individuals and groups who are recipients
of vocational rehabilitation services, providers of vocational
rehabilitation services and others who are active in the
vocational rehabilitation field, in connection with matters of
general policy, program development and implementation.
SECTION 113. ORS 346.010 is amended to read:
346.010. (1) Pursuant to rules of the State Board of Education,
the Superintendent of Public Instruction shall provide free
training and education services for { - deaf or blind - }
children { + who are deaf or blind + }, or children who are
both deaf and blind, in facilities located in Marion County.
(2) The Superintendent of Public Instruction shall indicate
which facilities shall serve as the school for { - the - }
{ + children who are + } deaf and the school for { - the - }
{ + children who are + } blind. The superintendent may order a
change in all or part in the purpose and use of facilities
available under this section whenever the superintendent
determines that a change in purpose and use will better enable
the state to meet its responsibilities for the education and
training of { - deaf or blind - } children { + who are deaf
or blind + }, or children who are both deaf and blind.
(3) The facilities shall be operated primarily for the
provision of education and training services for children with
sensory disabilities who cannot be efficiently served under the
provisions of ORS chapter 343.
SECTION 114. ORS 346.015 is amended to read:
346.015. (1) Prior to convening a meeting to prepare an
individual education plan for a { - mentally retarded or
developmentally disabled - } child { + with mental retardation
or a developmental disability + } for whom placement at a school
under ORS 346.010 may be considered, the agency that is providing
the education for the child shall notify the local community
mental health and developmental disabilities program. The
{ - mentally retarded and developmentally disabled program
mental health - } case manager { + responsible for programs for
children with mental retardation or developmental
disabilities, + } in consultation with the Department of Human
Services { + , + } shall evaluate whether the child also has
Enrolled Senate Bill 83 (SB 83-A) Page 119
needs for alternative residential care or other support services.
If the evaluation determines this to be the case, but documents
that community resources are not available to meet these needs,
the school district may proceed with the meeting to prepare the
individual education plan in which placement at a school under
ORS 346.010 may be considered.
(2) An agency providing education under subsection (1) of this
section may initiate the procedure in subsection (1) of this
section for any child who { - is not mentally retarded or
developmentally disabled - } { + does not have mental
retardation or a developmental disability + } when in the
agency's judgment a treatment or residential issue is prompting
proposed placement under ORS 346.010.
(3) { - No - } { + A + } child { - shall - } { + may
not + } be placed in a facility operated under ORS 346.010 unless
the district superintendent or the superintendent's designee has
signed a statement declaring that the district cannot provide a
free appropriate public education for the child commensurate with
the needs of the child as identified by the individual education
plan of the child and that the facility is the least restrictive
environment in which the child can be educated.
(4) By rule, the State Board of Education shall determine
procedures to be followed by local education agencies in carrying
out this section.
SECTION 115. ORS 346.035 is amended to read:
346.035. For { - children - } { + a child + } who
{ - are - } { + is + } enrolled under ORS 346.010 and who
{ - are mentally retarded or developmentally disabled - } { +
has mental retardation or a developmental disability + }, the
Department of Education shall notify the community mental health
and developmental disabilities program of the date of the annual
review of the individual education plan of the child for the
purpose of including in the review the assigned case manager's
assessment of community resources that are available for
treatment or residential needs the child might have.
SECTION 116. ORS 346.070 is amended to read:
346.070. (1) Subject to subsection (3) of this section, every
{ - deaf - } student { + who is deaf and + } who has been a
resident of Oregon for the three years immediately preceding
application and who is attending any university, college or other
suitable school is eligible to apply for a state grant-in-aid to
help defray approved expenses. If the student's application for a
grant-in-aid is approved by the Superintendent of Public
Instruction, the Department of Education may make the
grant-in-aid contingent upon the student's attending a school of
the superintendent's choice.
(2) The grants-in-aid shall not exceed $1,000 to any student
for any fiscal year and shall be paid out of any funds
appropriated to the department for that purpose. The State Board
of Education may adopt rules necessary to carry out this section.
(3) { - No deaf student shall - } { + A student who is deaf
may not + } receive a grant-in-aid under subsection (1) of this
section for a period exceeding seven years.
SECTION 117. ORS 346.110 is amended to read:
346.110. As used in ORS 346.110 to 346.270:
(1) 'Commission' means the Commission for the Blind.
{ - (2) 'Visually impaired individuals' includes individuals
who are blind or have seriously impaired vision or who have
conditions which might lead to blindness. - }
Enrolled Senate Bill 83 (SB 83-A) Page 120
{ - (3) - } { + (2) + } ' { - Blind - } Person { + who
is blind + } ' means a person whose central visual acuity does
not exceed 20/200 in the better eye with best correction or whose
visual acuity, if better than 20/200, is accompanied by a limit
to the field of vision to such a degree that its widest diameter
subtends an angle of no greater than 20 degrees.
{ + (3) 'Person with a visual impairment' includes a person
who is blind or has seriously impaired vision or who has a
condition that might lead to blindness. + }
SECTION 118. ORS 346.120 is amended to read:
346.120. There is created a commission for { - the - }
{ + persons who are + } blind and { + for + } the prevention of
blindness { + , + } to be known as the Commission for the Blind.
The commission shall:
(1) Establish and be responsible for the administration of a
program or programs for { - the - } { + persons who are + }
blind which will promote, in the manner set forth in ORS 346.110
to 346.270, the welfare of { - visually impaired
individuals - } { + persons with visual impairments, + }
including but not limited to cooperation by contract or otherwise
with public and private agencies in providing services, programs
and facilities for { - visually impaired individuals - } { +
persons with visual impairments + }.
(2) Be responsible for the fiscal oversight of the commission,
which includes but is not limited to:
(a) Regular review of financial statements of the commission;
(b) Participation in the development of the budget for the
commission; and
(c) Directing the resources of the commission to implement
program goals.
SECTION 119. ORS 346.130 is amended to read:
346.130. (1) The Commission for the Blind shall be appointed by
the Governor and shall consist of seven members:
(a) Four members who are qualified persons within the legal
definition of { - blind - } persons { + who are blind + };
and
(b) Three members appointed from among the areas of employers,
labor, optometry, ophthalmology, and education of { - the - }
{ + persons who are + } blind. However, no more than one
appointee shall represent the same area during the same term. To
the greatest extent possible, appointments from the five areas
shall be made on a rotating basis.
(2) The term of office of a member of the commission is two
years. Vacancy in the office of a member shall be filled by the
Governor for the unexpired term. Any member who is absent from
three consecutive commission meetings or more than one-third of
the scheduled meetings in one year shall be removed from office
and the Governor shall fill the vacancy for the unexpired term.
{ - No - } { + A + } person may { + not + } serve on the
commission for more than three consecutive terms of one year or
more in length.
(3) All appointments of members of the commission by the
Governor are subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565.
(4) The commission shall hold meetings at least once every two
months and such additional meetings as it may deem necessary.
(5) Each member is entitled to compensation and expenses as
provided in ORS 292.495.
SECTION 120. ORS 346.160 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 121
346.160. The Commission for the Blind shall cause to be
compiled and maintained as complete as possible a register of
{ - the blind - } { + persons + } in Oregon { + who are
blind + }, which shall describe the extent of blindness, cause of
blindness and such other facts in regard to each person so
registered as the commission may deem advisable.
SECTION 121. ORS 346.165 is amended to read:
346.165. (1) The Commission for the Blind { - shall - }
{ + may + } not disclose or use the contents of the register of
{ - the - } { + persons who are + } blind filed and maintained
under the provisions of ORS 346.160, or any records, files,
papers or communications for purposes other than those directly
connected with the programs administered by the commission, and
the register of { - the - } { + persons who are + } blind,
the records, files, papers and communications are considered
confidential.
(2) Notwithstanding subsection (1) of this section, ORS 346.150
(2) and 346.167, the minutes and records of official actions of
the Commission for the Blind, its payroll, books of account and
accounts of expenditures are public writings available
{ - to - } { + for + } inspection in the manner provided in
ORS 192.410 to 192.505.
SECTION 122. ORS 346.169 is amended to read:
346.169. (1) Notwithstanding the provisions of ORS 346.165 and
346.167, whenever a { + person who is + }blind or blind and
deaf
{ - person - } requests any public or private agency to
exchange with another agency the records of the agency concerning
the person making the request, the agency shall furnish the
records to the designated agency.
(2) The request made under subsection (1) of this section may
be made by a guardian of the { + person who is + } blind or
blind and deaf
{ - person - } .
(3) As used in this section, 'record' includes name and address
of the { + person who is + } blind or blind and deaf
{ - person - } , medical and psychological records, and other
information designated by the person requesting the exchange of
records.
(4) Where appropriate, a request for an exchange of records
made under the provisions of this section shall be subject to the
confidentiality and access provisions of ORS 179.495, 326.565,
326.575, 336.187, 341.290, 344.600, 411.320, 419B.035 and
419B.045.
SECTION 123. ORS 346.170 is amended to read:
346.170. (1) The Commission for the Blind shall maintain a
program for the conservation and restoration of sight and the
prevention of blindness, the objects of which shall be to
inaugurate and cooperate in such measures for the prevention of
blindness in Oregon as the commission may deem advisable.
(2) The commission in its discretion may arrange for and pay
for the examination of the eyes of individual { - visually
handicapped - } persons { + with visual impairments + } and may
obtain and pay for medical and surgical treatment and glasses for
such persons.
SECTION 124. ORS 346.180 is amended to read:
346.180. The Commission for the Blind shall maintain a program
of vocational rehabilitation services. The object of the program
shall be to aid { - individuals - } { + persons + } with
visual
Enrolled Senate Bill 83 (SB 83-A) Page 122
{ - disabilities - } { + impairments + } in finding
employment, to provide such physical restoration as will increase
their employability, to establish a program of small business
enterprises in which such
{ - individuals - } { + persons + } are able to work, to
establish individual programs of college and university
instruction, also training in trades and occupations which may be
followed in their homes and elsewhere, to cooperate with the
United States Government in vocational rehabilitation programs
for { - the - } { + persons who are + } blind, including
establishment of small business enterprises for them in buildings
owned or rented by the federal government and to assist
{ - individuals - } { + persons + } with visual
{ - disabilities - } { + impairments + }, in whatever manner
may seem advisable to the commission, in disposing of the
products of their industries.
SECTION 125. ORS 346.190 is amended to read:
346.190. (1) The Commission for the Blind shall establish and
maintain a program of industries for { - the - } { + persons
who are + } blind. For that purpose, it shall equip and operate
one or more training centers, one or more workshops and home
industry activities for the employment of suitable
{ - blind - } persons { + who are blind + }, and may devise
ways and means for the sale and distribution of the products and
services of the Industries for the Blind Program. The commission
may conduct such investigation and research as it may deem
advisable in selecting new types of industries suitable for
{ - visually impaired - } workers { + with visual
impairments + }.
(2) The commission shall pay { - visually impaired - }
workers { + with visual impairments + } who have completed their
training suitable compensation for their work in the Industries
for the Blind Program. The services performed by workers within
the Industries for the Blind Program shall be considered services
for a nonprofit organization.
(3) The commission may employ { - such sighted - } persons
{ + without visual impairments + } as workers in the Industries
for the Blind Program as { - are - } necessary to operate the
program { + , + } to the extent that such { - sighted
workers - } { + persons + } do not constitute more than 25
percent of the total workforce of the program. The services
performed by such { - sighted workers - } { + persons + }
shall be considered services for a nonprofit organization.
(4) Except for those persons employed in a supervisory or
administrative capacity:
(a) ORS chapter 240 does not apply to workers in the Industries
for the Blind Program. However, the commission may allow vacation
and sick leave to the employees of the Industries for the Blind
Program consistent with the schedules established under the State
Personnel Relations Law.
(b) Notwithstanding ORS 238.015, a worker in the Industries for
the Blind Program working on July 21, 1973, shall become a member
of the Public Employees Retirement System at the beginning of the
first full pay period after the worker has completed 12 months'
service uninterrupted by a total of more than 30 working days
during the 12 months' period. This subsection shall not apply nor
extend to workers entering the Industries for the Blind Program
after July 21, 1973.
(5) As used in this section, 'nonprofit organization' means an
organization, or group of organizations, described in section
Enrolled Senate Bill 83 (SB 83-A) Page 123
501(c)(3) of the Internal Revenue Code that is exempt from income
tax under section 501(a) of the Internal Revenue Code.
SECTION 126. ORS 346.210 is amended to read:
346.210. The Commission for the Blind may, whenever it deems
proper, aid { - individual visually impaired - } persons
{ + with visual impairments + } or groups of such persons by
supplying materials, equipment or machinery to them, and also may
assist them in the sale and distribution of their products. The
ownership of the materials, equipment or machinery supplied to
{ - visually impaired - } persons { + with visual
impairments + } may be transferred to such persons by the
commission.
SECTION 127. ORS 346.220 is amended to read:
346.220. Whenever any of the products or services, including
operation of vending facilities as defined in ORS 346.510
{ - (2) - } , of { - visually impaired individuals - } { +
persons with visual impairments + }, produced under the
supervision and direction of the Commission for the Blind, meet
the requirements of any state department or institution as to
quality, quantity and price, such products or services shall have
preference and the state departments and institutions shall
purchase from the commission such products or services as may be
required.
SECTION 128. ORS 346.250 is amended to read:
346.250. The Commission for the Blind may establish a program
of social and educational services for the purpose of
ameliorating the condition of { - visually impaired
individuals - } { + persons with visual impairments + } by
providing instruction { - which - } { + that + } will assist
them in making the best possible adjustment to conditions
resulting from loss or impairment of sight, as the commission may
deem advisable. Special courses of instruction and training may
be established at training centers and workshops for
{ - visually impaired individuals - } { + persons with visual
impairments that + } { - which - } shall include home
economics, household mechanics, orientation to better living and
such other instruction as will contribute to the economic and
social adjustment of { - visually impaired individuals - }
{ + persons with visual impairments + }. { - Sighted - }
Persons with whom
{ - visually impaired individuals - } { + persons with visual
impairments + } are living may, whenever the commission deems
necessary, be given instruction that will assist them in caring
for such { - visually impaired individuals - } { + persons
with visual impairments + }. The commission through this program
also shall cooperate with the Library of Congress and other
agencies in the distribution of talking-book machines,
sound-reproducing equipment and other devices designed for the
use of { - the - } { + persons who are + } blind, and from
time to time may cause to be made and distributed to
{ - visually impaired individuals - } { + persons + } in this
state { + who have visual impairments + } specially recorded
subjects and Braille publications.
SECTION 129. ORS 346.260 is amended to read:
346.260. The Commission for the Blind shall:
(1) Cooperate with the Department of Human Services in the
administration of programs for { - the - } { + persons who
are + } blind; and
(2) When requested by the department, make an investigation of
an applicant eligible for programs for { - the - }
Enrolled Senate Bill 83 (SB 83-A) Page 124
{ + persons who are + } blind and make recommendations to the
department regarding services for the applicant and the
employability of the applicant.
SECTION 130. ORS 346.290 is amended to read:
346.290. (1) There is established in the General Fund of the
State Treasury an account to be known as the Commission for the
Blind Account. Except for Industries for the Blind Program funds
designated in ORS 346.230 and funds made available to the
commission under ORS 346.270 or deposited pursuant to ORS
346.540, all moneys received by the commission for promoting the
welfare of
{ - visually impaired individuals - } { + persons with visual
impairments + } shall be paid into the State Treasury and
credited to the Commission for the Blind Account. All moneys in
the Commission for the Blind Account hereby are appropriated
continuously for and shall be used by the commission for the
respective purposes authorized by law.
(2) The Commission for the Blind shall keep a record of all
moneys deposited in the Commission for the Blind Account. The
record shall indicate by separate cumulative accounts the source
from which the moneys are derived and the individual activity or
program against which each withdrawal is charged.
SECTION 131. ORS 346.510 is amended to read:
346.510. As used in ORS 346.510 to 346.570, the term:
{ - (1) 'Blind person' means a person having not more than
20/200 visual acuity in the better eye with best correction or
whose visual acuity, if better than 20/200, is accompanied by a
limit to the field of vision to such a degree that its widest
diameter subtends an angle of no greater than 20 degrees. Such
blindness shall be certified by a licensed physician who
specializes in diseases of the eye. - }
{ - (2) 'Vending facility' means: - }
{ - (a) Such shelters, counters, shelving, display and wall
cases, refrigerating apparatus and other appropriate auxiliary
equipment as are necessary or customarily used for the vending of
such articles as may be approved by the Commission for the Blind
and the agency having care, custody and control of the building
or property in or on which the vending facility is located; - }
{ - (b) Manual or coin operated vending machines or similar
devices for vending such articles; or - }
{ - (c) Cafeterias or snack bars for the dispensing of food
stuffs and beverages. - }
{ - (3) - } { + (1) + } 'Operator' means the individual
{ - blind - } person { + who is blind and who is + }
responsible for the { - day to day - } { + day-to-day + }
conduct of the vending facility operation.
{ + (2) 'Person who is blind' means a person having not more
than 20/200 visual acuity in the better eye with best correction
or whose visual acuity, if better than 20/200, is accompanied by
a limit to the field of vision to such a degree that its widest
diameter subtends an angle of no greater than 20 degrees. Such
blindness shall be certified by a licensed physician who
specializes in diseases of the eye. + }
{ - (4) - } { + (3) + } 'Public building' or 'property'
means any building, land or other real property, owned, leased or
occupied by any department or agency of the State of Oregon or
any of its political subdivisions except public elementary and
secondary schools.
{ + (4) 'Vending facility' means:
Enrolled Senate Bill 83 (SB 83-A) Page 125
(a) Such shelters, counters, shelving, display and wall cases,
refrigerating apparatus and other appropriate auxiliary equipment
as are necessary or customarily used for the vending of such
articles as may be approved by the Commission for the Blind and
the agency having care, custody and control of the building or
property in or on which the vending facility is located;
(b) Manual or coin operated vending machines or similar devices
for vending such articles; or
(c) Cafeterias or snack bars for the dispensing of food stuffs
and beverages. + }
SECTION 132. ORS 346.520 is amended to read:
346.520. (1) For the purposes of providing { - blind - }
persons { + who are blind + } with remunerative employment,
enlarging the economic opportunities of { - blind - }
{ + those + } persons and stimulating { - blind persons - }
{ + them + } to greater efforts to make themselves
self-supporting with independent livelihoods, { - blind - }
persons { + who are blind and who are + } licensed under the
provisions of ORS 346.510 to 346.570 by the Commission for the
Blind, as set forth in ORS 346.510 to 346.570, shall operate
vending facilities in or on any public buildings or properties
where, in the discretion of the head of the department or agency
in charge of the maintenance of such buildings or properties,
such vending facilities may properly and satisfactorily operate.
(2) Notwithstanding ORS 276.385, the department or agency in
charge of the maintenance of a public building or property in or
on which a vending facility is operated under ORS 346.510 to
346.570 { - shall - } { + may + } not charge the Commission
for the Blind or
{ - blind - } persons { + who are blind and who are + }
licensed under the provisions of ORS 346.510 to 346.570 any
amount for:
(a) Rental of the space in or on which the vending facility is
operated; or
(b) Utility costs incurred in the operation of the vending
facility.
(3) Subsection (2) of this section does not apply to charges
imposed by the Department of Transportation. Subject to the
availability of funds, the department may refrain from charging
any amount for rental of space or utility costs described in
subsection (2) of this section.
SECTION 133. ORS 346.540 is amended to read:
346.540. (1) The Commission for the Blind shall:
(a) Make surveys of public buildings or properties to determine
their suitability as locations for vending facilities to be
operated by { - blind - } persons { + who are blind + } and
advise the heads of departments or agencies charged with the
maintenance of such buildings or properties as to their findings.
(b) With the consent of the head of the department or agency
charged with the maintenance of the buildings or properties,
establish vending facilities in those locations which the
Commission for the Blind has determined to be suitable, and may
enter into leases or licensing agreements therefor.
(c) Select, train, license and install qualified
{ - blind - } persons { + who are blind + } as managers of such
vending facilities.
(d) Adopt rules as it may from time to time deem necessary to
assure the proper and satisfactory operation of such vending
facilities, and for the benefit of vending facility operators.
Enrolled Senate Bill 83 (SB 83-A) Page 126
(e) Provide for the continued operation of established vending
facilities if a qualified { - blind - } person { + who is
blind + } is not available until a qualified { - blind - }
person { + who is blind + } is available for assignment as
manager.
(2) If the head of the department or agency charged with the
maintenance of buildings or properties does not consent to the
establishment of vending facilities in locations in the building
or on the property which were determined suitable by the
commission, that person shall inform the commission in writing of
the reasons why consent is not given.
(3) The commission may establish in the State Treasury a fund
from the net proceeds of the operation of vending facilities.
Moneys so deposited including the interest thereon shall be
credited by the State Treasurer to a special checking account,
separate and distinct from the General Fund. Disbursement may be
made by check signed by the person designated by the commission.
The fund shall be used for the purposes of and are continuously
appropriated for maintenance and replacement of equipment,
management services, assuring a fair minimum of return to
vendors, or for such other purposes necessary and proper for the
benefit of operators of vending facilities. Interest earned by
the account shall be credited to the account.
SECTION 134. ORS 346.565 is amended to read:
346.565. (1) A { - blind - } business enterprise
manager { + who is blind + }, as described under ORS 346.510 to
346.570, or a { + person who is + } blind { + who is an + }
employee of a private nonprofit Oregon corporation established
and authorized by the Commission for the Blind to provide
employment to { - the - } { + persons who are + } blind may
participate in a health benefit plan available to state employees
pursuant to ORS 243.105 to 243.285 at the expense of the manager
or { - the blind - } employee.
(2) A { - blind - } business enterprise manager { + who is
blind + }, as described under ORS 346.510 to 346.570, may
participate in state deferred compensation plan established under
ORS 243.401 to 243.507, contingent on participation not affecting
the tax exempt status of other contributions to the deferred
compensation plan.
(3) For the purposes of subsections (1) and (2) of this
section, such managers and employees shall be considered eligible
state employees.
SECTION 135. ORS 346.570 is amended to read:
346.570. (1) Those individuals who are operating vending
facilities in public buildings or on public properties, as
defined in ORS 346.510 prior to August 20, 1957, shall not be
affected by ORS 346.510 to 346.570, except and only insofar as
provided in ORS 346.530 (2).
(2) Any { - blind - } person { + who is blind and + } who
is presently operating a vending facility in or on public
buildings or properties { + and + } who desires to make use of
the advantages of the program authorized by ORS 346.510 to
346.570 shall have the right to do so; and, in such instance, the
Commission for the Blind may negotiate and consummate
arrangements for the purchase of such vending facility equipment
as it may deem necessary for the satisfactory operation of the
vending facility.
SECTION 136. ORS 346.610 is amended to read:
346.610. As used in ORS 346.610 to 346.630:
Enrolled Senate Bill 83 (SB 83-A) Page 127
{ - (1) 'Blind person' means a person who has vision of
20/200 or less with the best correction or has a visual field of
20 degrees or less. - }
{ - (2) - } { + (1) + } 'Dog guide' means a dog that is
wearing a dog guide harness and is trained to lead or guide a
{ - blind - } person { + who is blind + }.
{ - (3) - } { + (2) + } 'Dog guide trainee' means a dog
undergoing training to lead or guide a { - blind - }
person { + who is blind + }.
{ - (4) 'Trainer' means a person who trains dogs to lead or
guide blind persons. - }
{ - (5) - } { + (3) + } 'Mode of transportation' means any
mode of public transportation operating within this state except
for parlor, lounge, or club car of a common carrier by railroad.
{ + (4) 'Person who is blind' means a person who has vision
of 20/200 or less with the best correction or has a visual field
of 20 degrees or less. + }
{ - (6) - } { + (5) + } 'Public accommodation' means a
place of public accommodation as defined in ORS 659A.400.
{ + (6) 'Trainer' means a person who trains dogs to lead or
guide persons who are blind. + }
SECTION 137. ORS 346.620 is amended to read:
346.620. (1) A { - blind - } person { + who is blind + }
{ - shall have - } { + has + } the right to have a dog guide
with the { - blind - } person, and a trainer { - shall
have - } { + has + } the right to have a dog guide or dog guide
trainee with the trainer, in any place of public accommodation or
on any mode of transportation so long as the
{ - blind - } person or trainer controls the behavior of the
dog.
(2) { - No blind person or trainer shall be - } { + A
trainer or a person who is blind is not + } required to pay an
additional fee or admission charge for the dog guide.
(3) A { - blind person or - } trainer { + or a person who
is blind + } is liable for any damages done to a place of public
{ - accommodations - } { + accommodation + } or to any mode of
transportation by the dog guide.
SECTION 138. ORS 346.630 is amended to read:
346.630. (1) A landlord, as defined in ORS 90.100, may not
refuse to rent a dwelling unit, as defined in ORS 90.100, to a
{ - blind - } person { + who is blind + } on the basis of the
person's use or possession of a dog guide.
(2) A { - blind - } person { + who is blind has + }
{ - shall have - } a cause of action to recover compensatory
damages or $200, whichever is greater, from any landlord, as
defined in ORS 90.100, who refuses to rent a dwelling unit, or
who charges additional rent, on the basis of the person's use or
possession of a dog guide. The court may award reasonable
attorney fees to the prevailing party in an action under this
section.
(3) { - No blind - } { + A + } person { + who is blind is
not + } { - shall be - } required to pay an additional
nonrefundable fee or an excessive deposit for the dog guide.
(4) A { - blind - } person { + who is blind + } is liable
for any damages done to the dwelling unit by the dog guide.
SECTION 139. ORS 346.640 is amended to read:
346.640. As used in ORS 346.640 to 346.660:
(1) ' { - Deaf - } Person { + who is deaf + } ' means a
person whose hearing disability precludes successful processing
Enrolled Senate Bill 83 (SB 83-A) Page 128
of linguistic information through audition with or without a
hearing aid.
(2) 'Hearing ear dog' means a dog that is on an orange leash
and that is trained to assist a { - deaf - } person { + who
is deaf + }.
(3) 'Hearing ear dog trainee' means a dog undergoing training
to assist a { - deaf - } person { + who is deaf + }.
(4) 'Mode of transportation' means any mode of public
transportation operating within this state except for parlor,
lounge, or club car of a common carrier by railroad.
(5) 'Public accommodation' means a place of public
accommodation as defined in ORS 659A.400.
SECTION 140. ORS 346.650 is amended to read:
346.650. (1) A { - deaf - } person { + who is deaf has + }
{ - shall have - } the right to have a hearing ear dog with the
person, and a trainer of a hearing ear dog { - shall have - }
{ + has + } the right to have the hearing ear dog or hearing ear
dog trainee with the trainer, in any place of public
accommodation or on any mode of transportation so long as the
{ - deaf - } person or trainer controls the behavior of the
dog.
(2) { - No deaf person or - } { + A + } trainer of a
hearing ear dog { - shall be - } { + or a person who is deaf
is not + } required to pay an additional fee or admission charge
for the hearing ear dog.
(3) A { - deaf person or - } trainer of a hearing ear dog
{ + or a person who is deaf + } is liable for any damages done
to a place of public { - accommodations - }
{ + accommodation + } or to any mode of transportation by the
hearing ear dog.
SECTION 141. ORS 346.660 is amended to read:
346.660. (1) A landlord, as defined in ORS 90.100, may not
refuse to rent a dwelling unit, as defined in ORS 90.100, to a
{ - deaf - } person { + who is deaf + } on the basis of the
use or possession of a hearing ear dog.
(2) { - No deaf - } { + A + } person { + who is deaf + }
{ - shall be - } { + is not + } required to pay an additional
nonrefundable fee for the hearing ear dog.
(3) A { - deaf - } person { + who is deaf + } is liable for
any damages done to the dwelling unit by the hearing ear dog.
SECTION 142. ORS 346.680 is amended to read:
346.680. As used in ORS 346.680 to 346.690:
(1) 'Assistance animal' means any animal trained to assist a
{ - physically impaired - } person { + with a physical
impairment + } in one or more daily life activities, including
but not limited to:
(a) Dog guides, as defined in ORS 346.610;
(b) Hearing ear dogs, as defined in ORS 346.640;
(c) An animal trained to pull a wheelchair;
(d) An animal trained to fetch dropped items; and
(e) An animal trained to perform balance work.
(2) 'Assistance animal trainee' means any animal undergoing
training to assist a { - physically impaired - } person { +
with a physical impairment + }.
(3) 'Daily life activity' includes but is not limited to:
(a) Self-care;
(b) Ambulation;
(c) Communication; or
(d) Transportation.
Enrolled Senate Bill 83 (SB 83-A) Page 129
(4) 'Mode of transportation' means any mode of transportation
operating within this state.
(5) ' { - Physically impaired - } Person { + with a physical
impairment + } ' means any person who { - is permanently
physically impaired - } { + has a permanent physical
impairment + }, whose physical impairment limits one or more of
daily life activities and who has a record of impairment and is
regarded by health care practitioners as having such an
impairment, requiring the use of an assistance animal including
but not limited to blindness, deafness and complete or partial
paralysis.
(6) 'Public accommodation' means a place of public
accommodation as defined in ORS 659A.400 including but not
limited to educational institutions, airlines and restaurants.
The exception stated in ORS 659A.400 (2) is not an exception
under ORS 90.390 and 346.680 to 346.690.
SECTION 143. ORS 346.685 is amended to read:
346.685. (1) A { - physically impaired - } person { + with
a physical impairment + } has the right to have an assistance
animal with the
{ - physically impaired - } person, and a trainer has the
right to have an assistance animal or assistance animal trainee
with the trainer, in any place of public accommodation or on any
mode of transportation so long as the { - physically
impaired - } person or trainer controls the behavior of the
animal.
(2) { - No physically impaired person or trainer shall be - }
{ + A trainer or a person with a physical impairment is not + }
required to pay an additional fee or admission charge for the
assistance animal.
(3) The assistance animal shall be allowed to accompany its
owner in an ambulance or other mode of { - transport - }
{ + transportation + } in the event of a medical emergency. If
the owner is unconscious, the assistance animal shall be placed
in an emergency veterinary clinic until the person regains
consciousness and can make arrangements for the animal, or a
relative responsible for the injured person is contacted and can
make arrangements for the animal, or until the injured person
dies, in which case the authorities will attempt to contact the
school, where the animal was trained, for further action.
(4) A { - physically impaired person or - } trainer { + or
a person with a physical impairment + } is liable for any damages
done to a place of public { - accommodations - }
{ + accommodation + } or to any mode of transportation by the
assistance animal.
SECTION 144. ORS 346.687 is amended to read:
346.687. (1) In addition to and not in lieu of any other
penalty provided by state law, a { - physically impaired - }
person { + with a physical impairment + } who uses an assistance
animal or the owner of an assistance animal may bring an action
for economic and noneconomic damages against any person who
steals or, without provocation, attacks the assistance animal.
The { - physically impaired - } person { + with a physical
impairment + } or owner may also bring an action for such damages
against the owner of any animal that, without provocation,
attacks an assistance animal. The action authorized by this
subsection may be brought by the
{ - physically impaired - } person { + with a physical
impairment + } or owner even if the assistance animal was in the
Enrolled Senate Bill 83 (SB 83-A) Page 130
custody or under the supervision of another person when the theft
or attack occurred.
(2) If the theft of or unprovoked attack on an assistance
animal described in subsection (1) of this section results in the
death of the animal or the animal is not returned or if injuries
sustained in the theft or attack prevent the animal from
returning to service as an assistance animal, the measure of
economic damages shall include, but need not be limited to, the
replacement value of an equally trained assistance animal,
without any differentiation for the age or the experience of the
animal. In addition, the { - physically impaired - } person
{ + with a physical impairment + } or owner may recover any
other costs and expenses, including, but not limited to, costs of
temporary replacement assistance services, whether provided by
another assistance animal or a person, incurred as a result of
the theft of or injury to the animal.
(3) If the theft of or unprovoked attack on an assistance
animal described in subsection (1) of this section results in
injuries from which the animal recovers and returns to service,
or if the animal is stolen but is recovered and returns to
service, the measure of economic damages shall include, but need
not be limited to, the veterinary medical expenses, costs of
temporary replacement assistance services, whether provided by
another assistance animal or a person, and any other costs and
expenses incurred by the { - physically impaired - } person
{ + with a physical impairment + } or owner as a result of the
theft of or injury to the animal.
(4) { - No - } { + A + } cause of action { - arises - }
{ + does not arise + } under this section if the
{ - physically impaired - } person { + with a physical
impairment + }, owner or the person having custody or supervision
of the assistance animal was committing a criminal or civil
trespass at the time of the theft of or attack on the assistance
animal.
(5) The court shall award reasonable attorney fees to the
prevailing plaintiff in an action under this section. The court
may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court
determines that the plaintiff had no objectively reasonable basis
for asserting a claim or no objectively reasonable basis for
appealing an adverse decision of a trial court.
SECTION 145. ORS 346.690 is amended to read:
346.690. (1) A landlord, as defined in ORS 90.100,
{ - shall - } { + may + } not refuse to rent a dwelling unit,
as defined in ORS 90.100, to a { - physically impaired - }
person { + with a physical impairment + } on the basis of the
person's use or possession of an assistance animal.
(2) A { - physically impaired - } person { + with a
physical impairment has + } { - shall have - } a cause of
action to recover compensatory damages or $200, whichever is
greater, from any landlord who refuses to rent a dwelling unit,
or who charges additional rent, on the basis of the person's use
or possession of an assistance animal. The court shall award
reasonable attorney fees to the prevailing plaintiff in an action
under this section. The court may award reasonable attorney fees
and expert witness fees incurred by a defendant who prevails in
the action if the court determines that the plaintiff had no
objectively reasonable basis for asserting a claim or no
objectively reasonable basis for appealing an adverse decision of
a trial court.
Enrolled Senate Bill 83 (SB 83-A) Page 131
(3) { - No physically impaired - } { + A + } person
{ + with a physical impairment is not + } { - shall be - }
required to pay an additional nonrefundable fee or an excessive
deposit for the assistance animal.
(4) A { - physically impaired - } person { + with a
physical impairment + } is liable for any damages done to the
dwelling unit by the assistance animal.
SECTION 146. ORS 348.270 is amended to read:
348.270. (1) In addition to any other scholarships provided by
law, the Oregon Student Assistance Commission shall award
scholarships in any state institution under the State Board of
Higher Education, in the Oregon Health and Science University, in
any community college operated under ORS chapter 341, or in any
Oregon-based regionally accredited independent institution, to
any student applying for enrollment or who is enrolled therein,
who is:
(a) The natural { + child + }, adopted { + child + } or
stepchild of any public safety officer who, in { + the + } line
of duty, was killed or so disabled, as determined by the Oregon
Student Assistance Commission, that the income of the
{ - disabled - } public safety officer is less than that earned
by public safety officers performing duties comparable to those
performed at the highest rank or grade attained by the
{ - disabled parent - } { + public safety officer + }; or
(b) A former foster child who enrolls in an institution of
higher education as an undergraduate student not later than three
years from the date the student was removed from the care of the
Department of Human Services, the date the student graduated from
high school or the date the student received the equivalent of a
high school diploma, whichever date is earliest.
(2) Scholarships awarded under this section to students who are
dependents of public safety officers or who are former foster
children shall equal the amount of tuition and all fees levied by
the institution against the recipient of the scholarship.
However, scholarships awarded to students who attend independent
institutions shall not exceed the amount of tuition and all fees
levied by the University of Oregon.
(3) If the student who is the dependent of a deceased public
safety officer continues to remain enrolled in a state
institution of higher education or a community college or an
independent institution within the State of Oregon, the student
shall be entitled to renewal of the scholarship until the student
has received the equivalent of four years of undergraduate
education and four years of post-graduate education.
(4) If the student { + who is a former foster child or + } who
is the dependent of a { - disabled - } public safety officer
{ - or who is a former foster child - } { + with a
disability + } continues to remain enrolled in a state
institution of higher education or a community college or an
independent institution within the State of Oregon, the student
shall be entitled to renewal of the scholarship until the student
has received the equivalent of four years of undergraduate
education.
(5) The Oregon Student Assistance Commission may require proof
of the student's relationship to a { - deceased or disabled - }
public safety officer described in subsection (1) of this section
or proof that the student is a former foster child.
(6) As used in this section:
(a) 'Former foster child' means an individual who, for a total
of 12 or more months while between the ages of 16 and 21, was a
Enrolled Senate Bill 83 (SB 83-A) Page 132
ward of the court pursuant to ORS 419B.100 (1)(b) to (e) and in
the legal custody of the Department of Human Services for
out-of-home placement.
(b) 'Public safety officer' means:
(A) A firefighter or police officer as those terms are defined
in ORS 237.610.
(B) A member of the Oregon State Police.
SECTION 147. ORS 352.015 is amended to read:
352.015. (1) { - Within 60 days after September 29, 1991, - }
Every institution under the jurisdiction of the State Board of
Higher Education shall convene a physical access committee to
identify barriers to access by { - disabled - } persons
{ + with disabilities + } on { + the campus of + } each
institution { - campus - } . The committee shall include, but
not be limited to:
(a) One or more students { - who are disabled - } { + with
disabilities + } or { + , + } if there are no { - disabled - }
students { + with disabilities + } willing to participate, a
{ - disabled - } person { + with a disability + } who uses the
institution's facilities;
(b) One or more members of the faculty or staff who { - are
disabled - } { + have disabilities + };
(c) The coordinator of { - disabled student - } services
{ + for students with disabilities + } for the institution;
(d) One or more administrators of the institution; and
(e) One or more members of the physical plant staff of the
institution.
(2) The physical access committee shall present its findings
and recommendations to the administration of the institution
listing access needs and priorities for meeting those needs.
These findings and recommendations shall identify the barriers to
access that prevent { - disabled - } persons { + with
disabilities + } from meaningfully utilizing campus facilities
related to instruction, academic support, assembly and residence
life.
(3) In preparing budget requests for each biennium
{ - beginning on and after July 1, 1993 - } , each institution
under the jurisdiction of the State Board of Higher Education
shall include amounts for capital improvement that will be
applied to the substantial reduction and eventual elimination of
barriers to access by { - disabled - } persons { + with
disabilities + } as identified by the physical access committee.
(4) Nothing in this section and ORS 185.155 and 341.937
requires an institution to undertake projects for accessibility
that are not otherwise required unless such projects are funded
specifically by the Legislative Assembly.
SECTION 148. ORS 353.070 is amended to read:
353.070. (1) As used in this section:
(a) 'Direct labor' includes all work required for preparation,
processing and packing, but not supervision, administration,
inspection or shipping.
(b) ' { - Disabled - } Individual { + with a disability + }
' means an individual who, because of the nature of the
individual's
{ - disabilities - } { + disability + }, is not able to
participate fully in competitive employment, and for whom
specialized employment opportunities must be provided.
(c) 'Qualified nonprofit agency for { - disabled - }
individuals { + with disabilities + } ' means a nonprofit
activity center or rehabilitation facility:
Enrolled Senate Bill 83 (SB 83-A) Page 133
(A) Organized under the laws of the United States or of this
state and operated in the interest of { - disabled - }
individuals { + with disabilities + }, and the net income of
which does not inure in whole or in part to the benefit of any
shareholder or other individual;
(B) That complies with any applicable occupational health and
safety standards required by the laws of the United States or of
this state; and
(C) That in the manufacture of products and in the provision of
services during the fiscal year employs { - disabled - }
individuals { + with disabilities + } for not less than 75
percent of the work hours of direct labor required for the
manufacture or provision of the products or services.
(2) The Oregon Health and Science University Board of Directors
shall further the policy of this state to encourage and assist
{ - disabled - } individuals { + with disabilities + } to
achieve maximum personal independence through useful and
productive gainful employment by ensuring an expanded and
constant market for sheltered workshop and activity center
products and services, thereby enhancing the dignity and capacity
of { - disabled - } individuals { + with disabilities + } for
self-support and minimizing their dependence on welfare and need
for costly institutionalization.
(3) It shall be the duty of Oregon Health and Science
University to:
(a) Determine the price of all products manufactured and
services offered for sale to the university by any qualified
nonprofit agency for { - disabled - } individuals { + with
disabilities + }. The price shall recover for the workshops the
cost of raw materials, labor, overhead, delivery costs and a
margin held in reserve for inventory and equipment replacement;
(b) Revise such prices from time to time in accordance with
changing cost factors;
(c) Make such rules regarding specifications, time of delivery
and other relevant matters of procedure as shall be necessary;
and
(d) Utilize prices and specifications, in its discretion,
established by the Oregon Department of Administrative Services.
(4) The university shall establish and publish a list of
sources or potential sources of products produced by any
qualified nonprofit agency for { - disabled - } individuals
{ + with disabilities + } and the services provided by any such
agency that the university determines are suitable for its
procurement. The university, in its discretion, may utilize any
list established and published by the Oregon Department of
Administrative Services.
(5) If the university intends to procure any product or service
on the procurement list, the university shall procure such
product or service at the price established by the university
from a qualified nonprofit agency for { - disabled - }
individuals { + with disabilities + }, provided the product or
service is of the appropriate specifications and is available at
the location and within the period required by the university.
(6) It is the intent of the Legislative Assembly that there be
close cooperation between the board, the university and qualified
nonprofit agencies for { - disabled - } individuals { + with
disabilities + }. The university, on behalf of the board, is
authorized to enter into such contractual agreements, cooperative
working relationships or other arrangements as may be necessary
Enrolled Senate Bill 83 (SB 83-A) Page 134
for effective coordination and efficient realization of the
objectives of this section.
SECTION 149. ORS 353.130 is amended to read:
353.130. The Oregon Health and Science University subscribes to
the policy set forth under ORS 279A.015 regarding public
contracting, and shall develop contract policies that support
openness, impartiality and competition in the awarding of
contracts in accordance with that provision. The university
subscribes to the intent of the social policies of ORS 279.835 to
279.855 and ORS chapters 279A, 279B and 279C and shall develop
contract policies that are appropriate to the university and are
designed to encourage affirmative action, recycling, inclusion of
art in public buildings, the purchase of services and goods from
{ - disabled - } individuals { + with disabilities + }, the
protection of workers through the payment of prevailing wages as
determined by the Bureau of Labor and Industries, the provision
of workers' compensation insurance to workers on contracts and
the participation of emerging small businesses and businesses
owned by women and minorities.
SECTION 150. ORS 353.210 is amended to read:
353.210. (1) The Oregon Health and Science University shall
convene a physical access committee to identify barriers to
access by { - disabled - } persons { + with disabilities + }
at the university. The committee shall include, but not be
limited to:
(a) One or more students { - who are disabled - } { + with
disabilities or + }, { - or - } if there are no
{ - disabled - } students { + with disabilities + } willing to
participate, a { - disabled - } person { + with a
disability + } who uses the university's facilities;
(b) One or more members of the faculty or staff { - who are
disabled - } { + with disabilities + };
(c) The coordinator of { - disabled student - } services
{ + for students with disabilities + } for the university;
(d) One or more administrators of the university; and
(e) One or more members of the physical plant staff of the
university.
(2) The physical access committee shall present its findings
and recommendations to the administration of the university,
listing access needs and priorities for meeting those needs.
These findings and recommendations shall identify the barriers to
access that prevent { - disabled - } persons { + with
disabilities + } from meaningfully utilizing campus facilities
related to instruction, academic support, assembly and residence
life.
(3) In preparing budget requests for each biennium { + , + }
the university shall include amounts for capital improvement that
will be applied to the substantial reduction and eventual
elimination of barriers to access by { - disabled - } persons
{ + with disabilities + } as identified by the physical access
committee.
(4) Nothing in this section and ORS 185.155 and 341.937
requires the university to undertake projects for accessibility
that are not otherwise required unless such projects are funded
specifically by the Legislative Assembly.
SECTION 151. ORS 358.543 is amended to read:
358.543. (1) Any additions made that are historically accurate
reconstructions of once extant features or necessary for safety
or { - disabled - } access { + for persons with
disabilities + } or required by building code requirements may be
Enrolled Senate Bill 83 (SB 83-A) Page 135
classified as not being 'new construction' by the State Historic
Preservation Officer if the State Historic Preservation Officer
so determines after request is made by the owner.
(2) A request to have an addition classified as not being ' new
construction' must be made in writing and must be accompanied by
written documentation that demonstrates that the addition is a
historically accurate reconstruction of once extant features,
necessary for safety or { - disabled - } access { + for
persons with disabilities + } or required by building code
requirements.
(3) Except as provided in subsection (4) of this section, if
new construction takes place with respect to property classified
as historic property under ORS 358.480 to 358.545, the new
construction may not be considered classified as historic and may
not receive the special valuation accorded historic property
under ORS 358.505. The new construction shall be valued for ad
valorem property tax purposes at its real market value and shall
be assessed as provided in ORS 308.146 (1) to (3).
(4)(a) If new construction takes place on or after January 1,
2002, with respect to historic property for which a certificate
has been filed under ORS 358.495 (2), the new construction shall
be subject to the maximum assessed value and assessed value of
the historic property under ORS 358.505 if the new construction
is approved by the State Historic Preservation Officer and:
(A) Is used primarily for residential purposes; or
(B) Is used primarily for nonresidential purposes. New
construction that is used primarily for nonresidential purposes
shall be subject to the maximum assessed value and assessed value
of the historic property under ORS 358.505 only to the extent the
square footage of the new construction, when added to the total
net rentable area of the existing historic property, is less than
or equal to the total net rentable area of the property that
existed prior to the new construction.
(b) New construction that is not approved for historic property
assessment under paragraph (a) of this subsection shall be
assessed as provided in ORS 308.146 (1) to (3).
(c) The State Historic Preservation Officer may adopt rules
establishing procedures for requesting and obtaining the approval
of the State Historic Preservation Officer under this subsection.
(d) For purposes of this subsection, net rentable area shall be
measured in square feet.
(5) Any notice required under ORS 358.528 to be sent by a
public official or agency with regard to a change in
classification to or from historic property classification shall
be given by the county assessor and to the State Historic
Preservation Officer.
(6) As used in this section, 'new construction' includes, but
is not limited to:
(a) An additional new building, structure or other improvement
outside the building envelope, including but not limited to a
parking area to be or in use for commercial purposes.
(b) An enlargement of the exterior perimeters of an existing
building, structure or improvement.
(c) Any story or stories added to an existing building,
structure or improvement.
SECTION 152. ORS 366.486 is amended to read:
366.486. When a new roadside rest area is established adjacent
to or within the right of way of a state highway, or when rest
room facilities are constructed in an existing roadside rest area
adjacent to or within the right of way of a state highway, a
Enrolled Senate Bill 83 (SB 83-A) Page 136
separate rest room facility for { - disabled - } persons
{ + with disabilities + } of both sexes shall be constructed.
The facility shall meet all requirements of ORS 447.210 to
447.280.
SECTION 153. ORS 366.487 is amended to read:
366.487. (1) If a roadside rest area adjacent to or within the
right of way of a state highway does not have a separate rest
room facility for { - disabled - } persons { + with
disabilities + } of both sexes, a { - disabled - } person
{ + with a disability + } and a person of the opposite sex who
is accompanying a { - disabled - } person { + with a
disability + } for the purpose of assisting the
{ - disabled - } person { + with a disability + } in using the
rest room may enter any existing rest room. Prior to entering the
rest room, the assisting person shall receive permission from
anyone who is in the rest room.
(2) A sign shall be posted outside all rest room facilities
subject to the provisions of subsection (1) of this section
stating that attendants of the opposite sex may accompany or be
accompanied by { - disabled - } persons { + with
disabilities + } into any rest room. The sign shall include
appropriate graphics.
SECTION 154. ORS 391.815 is amended to read:
391.815. (1) After the requirements of ORS 391.810 have been
satisfied, the Department of Transportation shall set aside and
transfer the remainder of the moneys in the Elderly and Disabled
Special Transportation Fund to a discretionary grant account
established as an account in the Elderly and Disabled Special
Transportation Fund.
(2) The moneys in the discretionary grant account established
under this section are continuously appropriated to the
department for the purpose of distribution for ultimate use for
transportation and services to { - the - } elderly
{ + individuals + } and
{ - disabled - } { + individuals with disabilities + } as
described under ORS 391.830 (4). The department may distribute
moneys from the discretionary grant account only as directed by
the Oregon Transportation Commission under this section.
(3)(a) A district, Indian tribe or county described in ORS
391.810 (1) may make application to the department for a
distribution from the discretionary grant account established
under this section. The application shall describe the purposes
for which the grant is to be used and the monetary amount that is
required to carry out those purposes.
(b) Upon receipt of an application, the department shall cause
the application to come to the attention of the commission, which
shall, after consideration, approve or deny the application, in
whole or in part.
(c) The commission shall approve only those grants applied for
under paragraph (a) of this subsection that are for use for the
purposes set forth in ORS 391.830 (4).
(4) Upon approval of an application, in whole or in part, the
commission shall direct the department to distribute the dollar
amount approved to the applying district, Indian tribe or county.
SECTION 155. ORS 391.820 is amended to read:
391.820. (1) The governing body of each mass transit district,
transportation district, Indian tribe or county that receives
moneys from the Elderly and Disabled Special Transportation Fund
under ORS 391.810 shall appoint an advisory committee to advise
and assist the governing body in carrying out the purposes of ORS
Enrolled Senate Bill 83 (SB 83-A) Page 137
391.800 to 391.830. The number and terms of the members of an
advisory committee appointed under this section shall be
determined by the appointing governing body.
(2) To be qualified to serve on an advisory committee of a
district or county, an individual must reside within the
boundaries of the district, the county within which a district or
part thereof is located or the county in which no part of a
district is located and must be:
(a) A person who is an elderly { + individual + } or
{ - disabled - } { + an + } individual { + with a
disability + } and uses transportation services in the district
or county;
(b) A person who is an elderly { + individual + } or
{ - disabled - } { + an + } individual { + with a
disability + } and lives in an area of the district or county
where there are no public transportation services;
(c) An individual engaged in providing transportation services
to { - the - } elderly { + individuals + } or
{ - disabled - } { + individuals with disabilities + } in the
district or county;
(d) A representative of elderly individuals; or
(e) A representative of { - disabled - } individuals { +
with disabilities + }.
(3) To be qualified to serve on an advisory committee of an
Indian tribe, an individual must be able to represent the
transportation needs of elderly { + individuals + } and
{ - disabled persons - } { + individuals with disabilities + }
served by the Indian tribe as determined by the governing body of
the Indian tribe.
(4) An advisory committee appointed under this section shall
review the distribution of moneys by the governing body of a
district, Indian tribe or county under ORS 391.830. The advisory
committee may propose any changes to the policies or practices of
the governing body relating to the distribution that the advisory
committee considers necessary or desirable.
SECTION 156. ORS 391.830 is amended to read:
391.830. (1)(a) Each mass transit district and transportation
district that receives moneys from the Department of
Transportation under ORS 391.810 (1) or (2)(b), after providing
for costs of administration in an amount determined under ORS
391.810 (2)(a), shall distribute the moneys to providers of
transportation for the purpose of financing and improving
transportation programs and services for { - the - } elderly
{ + individuals + } and { - disabled residents of - }
{ + individuals with disabilities, who reside in + } the
district and the county in which all or a portion of the district
is located. The moneys received under ORS 391.810 (1) and (2)(b)
and distributed to providers of transportation in areas within
the counties in which the district is located but outside the
boundaries of the district shall be that share of all moneys
received by the district as the population of those counties
residing outside the district, as determined by the last federal
decennial census, bears to the total population of the counties.
(b) Each county that receives moneys from the department under
ORS 391.810 (1) or (2)(b), after providing for costs of
administration in an amount determined under ORS 391.810 (2)(a)
shall distribute the moneys to providers of transportation for
the purpose of financing and improving transportation programs
and services for { - the - } elderly { + individuals + } and
Enrolled Senate Bill 83 (SB 83-A) Page 138
{ - disabled residents of - } { + individuals with
disabilities, who reside in + } the county.
(c) Each Indian tribe that receives moneys from the department
under ORS 391.810 (1) or (2)(b), after providing for costs of
administration in an amount determined under ORS 391.810 (2)(a),
shall use the moneys for the purpose of financing and improving
transportation programs and services for elderly { +
individuals + } and { - disabled - } individuals { + with
disabilities, who are + } served by the Indian tribe.
(2) The governing body of a district, Indian tribe or county,
after consultation with the advisory committee it appointed under
ORS 391.820, shall determine the amount of money to be
distributed to a provider of transportation and the purposes for
which the money must be used. Moneys received under ORS 391.810
(2)(c) shall be used for the purposes for which received as
indicated in the directive from the Oregon Transportation
Commission as described under ORS 391.815. All moneys received
under ORS 391.810 shall be distributed and used consistent with
rules adopted by the Department of Transportation under ORS
391.810 (4).
(3) A provider of transportation receiving funds prior to
January 1, 1986, from a governmental unit or agency for purposes
related to the transportation needs of { - the - } elderly
{ + individuals + } or { - disabled - } { + individuals with
disabilities + } is eligible to receive moneys from a district,
Indian tribe or county under this section.
(4) Moneys distributed to providers of transportation under
this section may be used for the following purposes:
(a) Maintenance of existing transportation programs and
services for { - the - } elderly { + individuals + } or
{ - disabled - } { + individuals with disabilities + }.
(b) Expansion of such programs and services.
(c) Creation of new programs and services.
(d) Planning for, and development of, access to transportation
for elderly { + individuals + } and { - disabled - }
individuals { + with disabilities + } who are not currently
served by transportation programs and services.
(5) Except in the case of a uniform budget reduction or upon
order or other authorization of the department, the increase in
moneys received under ORS 391.810 under this section and ORS
323.030, 323.455, 391.810 and 391.815 may not be used to supplant
moneys currently appropriated by counties, Indian tribes or
districts for { - elderly and disabled - } transportation
projects { + for elderly individuals or individuals with
disabilities + }.
(6) As used in this section, 'provider of transportation '
includes a city, county, district, Indian tribe or any other
person or agency, whether public or private, that maintains,
operates or sponsors vehicles and facilities for the
transportation of passengers for profit or on a nonprofit or
voluntary basis.
SECTION 157. ORS 401.395 is amended to read:
401.395. If an emergency service worker sustains an injury,
benefits shall be paid in the same manner as provided for injured
workers under the workers' compensation laws of this state,
except that:
(1) If the injury results in temporary partial disability, no
benefits shall accrue to the injured emergency service worker on
account of loss of wages due to such disability.
Enrolled Senate Bill 83 (SB 83-A) Page 139
(2) Costs of rehabilitation services to { - disabled - }
emergency service workers { + with disabilities + } shall be
paid from funds specifically appropriated therefor in an amount
approved by the Office of Emergency Management, which shall be
the reasonable and necessary cost of such services, including
services of a physician or rehabilitation facility specially
qualified to render rehabilitation services. Expenses of
rehabilitation may include travel, board and room, when
necessary.
(3) The maximum amount payable for medical, surgical or
hospital expenses, compensation and rehabilitation on any one
claim shall not exceed $20,000.
SECTION 158. ORS 401.710 is amended to read:
401.710. As used in ORS 305.823 and 401.710 to 401.816, unless
the context requires otherwise:
(1) 'Account' means the Emergency Communications Account.
(2) 'Central office' means a utility that houses the switching
and trunking equipment serving telephones in a defined area.
(3) 'Department' means the Department of Revenue.
(4) 'Emergency call' means a telephone request that results
from a situation where prompt service is essential to preserve
human life or property.
(5) 'Enhanced 9-1-1 telephone service' means 9-1-1 telephone
service consisting of a network, database and on-premises
equipment that provides automatic display at the designated
public safety answering point of the address and telephone number
at the time of receiving an incoming 9-1-1 call.
(6) 'Exchange access services' means:
(a) Telephone exchange access lines or channels that provide
local access by a subscriber in this state to the local
telecommunications network to effect the transfer of information;
and
(b) Unless a separate tariff rate is charged therefor, any
facility or service provided in connection with the services
described in paragraph (a) of this subsection.
(7) 'Governing body' means the board of county commissioners of
a county, city council of a city, other governing body of a city
or county, board of directors of a special district or a 9-1-1
jurisdiction.
(8) 'Local government' has the meaning given that term in ORS
190.710.
(9) 'Office' means the Office of Emergency Management of the
Department of State Police.
(10) 'Provider' means a utility or other vendor or supplier of
telecommunications service or equipment that provides
telecommunications with access to the 9-1-1 emergency reporting
system through local exchange service, cellular service or other
wired or wireless means.
(11) 'Public or private safety agency' means any unit of state
or local government, a special-purpose district or a private firm
that provides or has authority to provide fire-fighting, police,
ambulance or emergency medical services.
(12) 'Public safety answering point' means a 24-hour
communications facility established as an answering location for
9-1-1 calls originating within a given service area. A 'primary
public safety answering point' receives all calls directly from
the public. A 'secondary public safety answering point' only
receives calls from a primary public safety answering point on a
transfer or relay basis.
Enrolled Senate Bill 83 (SB 83-A) Page 140
(13) 'Subscriber' means a person who has telecommunication
access to the 9-1-1 emergency reporting system through local
exchange service, cellular service or other wired or wireless
means.
(14) 'TTY' means a telephone-typewriter used by a { + person
with a + } hearing or speech { - impaired person - }
{ + impairment + } to communicate with another device or
individual.
(15) 'Utility' means a utility as defined in ORS 759.005, a
telecommunications carrier as defined in ORS 133.721 or a
municipality or any provider of exchange access services.
(16) 'Vendor' means any corporation, company, individual or
association, providing telephone customer premises equipment or
equipment specific to the operation of enhanced 9-1-1 telephone
service.
(17) '9-1-1 emergency reporting system' means a telephone
service that provides the users of a public telephone system the
ability to reach a primary public safety answering point by
calling 9-1-1.
(18) '9-1-1 jurisdiction' means an entity created under ORS
chapter 190, a county service district established under ORS
chapter 451 to provide an emergency communications system, an
emergency communications district created under ORS 401.818 to
401.857 or a group of public or private safety agencies who have
agreed in writing to jointly plan the installation, maintenance,
operation or improvement of a 9-1-1 emergency reporting system.
(19) '9-1-1 service area' means the geographical area that
contains the entire central office serving area from which the
primary public safety answering point will have the capability to
answer calls placed to 9-1-1.
SECTION 159. ORS 401.773 is amended to read:
401.773. All public safety answering points shall be capable of
receiving 9-1-1 emergency calls from { - the - } { + persons
with + } hearing or speech { - impaired - }
{ + impairments + } through a TTY.
SECTION 160. ORS 408.570 is amended to read:
408.570. When a veteran who has been adjudged mentally ill is
eligible for treatment in a United States veterans facility and
commitment is necessary for the proper care and treatment of such
veteran, the Department of Human Services or community mental
health and developmental disabilities program director, as
provided under ORS 426.060, may, upon receipt of a certificate of
eligibility from the United States Department of Veterans
Affairs, assign the person to the United States Department of
Veterans Affairs for care, custody and treatment in a United
States veterans facility. Upon admission to any such facility,
the veteran shall be subject to the rules and regulations of the
United States Department of Veterans Affairs and provisions of
ORS 426.060 to 426.395 and related rules and regulations of the
Department of Human Services. The chief officer of such facility
shall be vested with the same powers exercised by superintendents
of state hospitals for { - the mentally ill - } { + persons
with mental illness + } within this state with reference to the
retention, transfer, trial visit or discharge of the veteran so
assigned. The commitment of a veteran to a veterans facility
within this state by a court of another state under a similar
provision of law has the same force and effect as if the veteran
was committed to a veterans facility within that other state.
SECTION 161. ORS 409.010 is amended to read:
409.010. (1) The Department of Human Services is created.
Enrolled Senate Bill 83 (SB 83-A) Page 141
(2) The department is responsible for the delivery and
administration of programs and services relating to:
(a) Children and families, including but not limited to child
protective services, foster care, residential care for children
and adoption services;
(b) Elderly persons and { - disabled - } persons { + with
disabilities + }, including but not limited to social, health and
protective services and promotion of hiring of otherwise
qualified persons who are certifiably disabled;
(c) Persons who, as a result of the person's or the person's
family's economic, social or health condition, require financial
assistance, institutional care, rehabilitation or other social
and health services;
(d) Health and health-related affairs, including but not
limited to medical assistance and services, public health
services, migrant health services, licensing of health facilities
and coordination of the activities of professional and
occupational licensing boards;
(e) Mental health and developmental disabilities;
(f) Vocational rehabilitation for individuals with
disabilities;
(g) Alcohol abuse, drug abuse, addiction and chemical
dependency problems;
(h) Licensing and regulation of individuals, facilities and
programs providing health and human services, in accordance with
the provisions of state and federal law; and
(i) Any other health and human service programs and functions
delegated to the department by or in accordance with the
provisions of state and federal law.
(3) The department shall be the recipient of all federal funds
paid or to be paid to the state to enable the state to provide
the programs and services assigned to the department.
(4)(a) All personnel of the department, including those engaged
in the administration of vocational rehabilitation programs,
public assistance programs and services to families or children
in compliance with the federal Social Security laws, shall be
subject to the merit system prescribed in the State Personnel
Relations Law. For purposes of the State Personnel Relations Law,
the department is the appointing authority of all employees in
the department.
(b) The Director of Human Services, in conformity with the
State Personnel Relations Law, may appoint and employ such
personnel as may be necessary for the department, and may appoint
and fix the compensation of all assistants and employees of the
department.
(c) The director may authorize reimbursement of such expenses
as are approved by the department and incurred by assistants and
employees of the department, and by volunteers or other persons
not employed by the department, in carrying out duties assigned
or authorized by the department.
(5) The director may designate employees to be custodians of
records within any of the organizational units of the department,
and persons so designated shall have the duties and powers of
custodians of public records as prescribed by law. Such
designation shall be in writing and notice thereof shall be filed
in the office of the Secretary of State, with the director and in
the organizational unit to which the authorization applies.
SECTION 162. ORS 409.610 is amended to read:
409.610. It is the goal of the Legislative Assembly to provide
programs to make child care services more affordable, to improve
Enrolled Senate Bill 83 (SB 83-A) Page 142
the quality of services offered and to increase the number of
child care providers. Programs should be tailored to the needs of
local communities and should include a combination of actions
that will address both targeted populations, such as teen parents
or { - disabled - } children { + with disabilities + }, and
low-income working or student parents.
SECTION 163. ORS 410.010 is amended to read:
410.010. (1) The Legislative Assembly finds and declares that,
in keeping with the traditional concept of the inherent dignity
of the individual in our democratic society, the older citizens
of this state are entitled to enjoy their later years in health,
honor and dignity, and { - disabled - } citizens { + with
disabilities + } are entitled to live lives of maximum freedom
and independence.
(2) The Legislative Assembly declares that the policy of this
state is to provide and encourage programs necessary to fulfill
the commitment stated in subsection (1) of this section and that
the purpose of policies stated in this section and ORS 410.020 is
to provide a guide for the establishment and implementation of
programs for older citizens and { - disabled - } citizens
{ + with disabilities + } in this state. It further declares
that the programs shall be initiated, promoted and developed
through:
(a) Volunteers and volunteer groups;
(b) Partnership with local governmental agencies;
(c) Coordinated efforts of state agencies;
(d) Coordination and cooperation with federal programs;
(e) Partnership with private health and social service
agencies;
(f) A designated state agency that will encourage and work with
older citizens and their organizations, that will coordinate
state and local programs, that will encourage and monitor federal
programs and that will act as an advocate for older Oregon
citizens; and
(g) A designated state agency that will encourage and work with
{ - disabled - } citizens { + with disabilities + } and their
organizations, that will coordinate state and local programs,
that will encourage and monitor federal programs and that will
act as an advocate for { - disabled - } Oregon citizens { +
with disabilities + }.
(3) The Legislative Assembly declares that it shall be the
policy of this state to give special attention to the special
concerns of our most frail and vulnerable older citizens.
Furthermore, it shall be the policy of this state to support
strongly the full development and participation of
{ - disabled - } citizens { + with disabilities + } in all
aspects of social, political and community life.
(4) Recognizing the diversity in geography, economy and life
styles in Oregon and the diversity of local senior citizen
networks, the Legislative Assembly declares that it is the policy
of this state to avoid complete uniformity in planning and
administering programs for older citizens and to encourage and
emphasize local control to achieve the most effective blend of
state and local authority, not precluding the ability of the
state to perform its mandated responsibilities for planning and
administration. Multipurpose senior centers may be considered as
focal points for the delivery of services to older citizens in
each community where practicable. Disability services should also
be consolidated where possible to provide efficient and
Enrolled Senate Bill 83 (SB 83-A) Page 143
convenient delivery of services to { - disabled - }
citizens { + with disabilities + }.
SECTION 164. ORS 410.020 is amended to read:
410.020. In carrying out the policies stated in ORS 410.010,
the state shall:
(1) Coordinate the effective and efficient provision of
community services to older citizens and { - disabled - }
citizens { + with disabilities + } so that the services will be
readily available to the greatest number over the widest
geographic area; assure that information on these services is
available in each locality, utilizing whenever possible existing
information services; and assure that each new service receives
maximum publicity at the time it is initiated.
(2) Assure that older citizens and { - disabled - } citizens
{ + with disabilities + } retain the right of free choice in
planning and managing their lives; by increasing the number of
options in life styles available to older citizens and
{ - disabled - } citizens { + with disabilities + }; by aiding
older citizens and { - disabled - } citizens { + with
disabilities + } to help themselves; by strengthening the natural
support system of family, friends and neighbors to further
self-care and independent living; and by encouraging all programs
that seek to maximize self-care and independent living within the
mainstream of life.
(3) Assure that health and social services be available that:
(a) Allow the older citizen and { - disabled - } citizen
{ + with a disability + } to live independently at home or with
others as long as the citizen desires without requiring
inappropriate or premature institutionalization.
(b) Encourage, by expansion of existing programs for older
citizens and { - disabled - } citizens { + with
disabilities + }, by school programs, by meals-on-wheels, by
counseling or by other means, public and private development of
nutrition programs for older citizens and { - disabled - }
citizens { + with disabilities + } that prevent or minimize
illness or social isolation.
(c) Assure that if institutionalization is necessary, the
institution should be of the highest quality where the older
citizen and { - disabled - } citizen { + with a
disability + } may live in dignity.
(d) Protect the older citizen and { - disabled - } citizen
{ + with a disability + } from physical and mental abuse and
from fraudulent practices.
(4) Foster both preventive and primary health care, including
mental and physical health care, to keep older citizens and
{ - disabled - } citizens { + with disabilities + } active
and contributing members of society; and encourage full
restorative services for those older citizens and
{ - disabled - } citizens { + with disabilities + } who
require institutional care to increase the possibility of their
return to independent living.
(5) Encourage public and private development of suitable
housing for older citizens and { - disabled - } citizens { +
with disabilities + }, designed and located consistent with their
special needs and available at costs they can afford.
(6) In implementing subsections (1) to (5) of this section,
develop and seek support for plans to assure access to
information, counseling and screening, as appropriate, by persons
potentially in need of long term care without regard to the
person's income.
Enrolled Senate Bill 83 (SB 83-A) Page 144
(7) Recognize the necessity for a variety of ways to help older
citizens and { - disabled - } citizens { + with
disabilities + } maintain sufficient income to meet their needs.
(8) Encourage local transportation systems and volunteer groups
to meet the daily transportation needs of older citizens and
{ - disabled - } citizens { + with disabilities + } and to
make accessible to them a broad range of services and programs,
including social, health and religious services and programs.
(9) Encourage and develop meaningful employment opportunities
for older citizens and { - disabled - } citizens { + with
disabilities + } in positions commensurate with their abilities;
eliminate discrimination to such employment; and whenever
possible, employ older citizens in programs that affect older
citizens and
{ - disabled - } citizens { + with disabilities + } in
programs that affect
{ - disabled - } citizens { + with disabilities + }.
(10) Involve older citizens and { - disabled - } citizens
{ + with disabilities + } in the decision-making process for
programs affecting their lives. Recognizing the ability of older
citizens and
{ - disabled - } citizens { + with disabilities + } to be
advisors to the Legislative Assembly, agencies and professional
staff, the Legislative Assembly intends that whenever possible
older citizens and { - disabled - } citizens { + with
disabilities + } should assist in the development of policies
affecting their lives.
(11) Assure to older citizens and { - disabled - } citizens
{ + with disabilities + } the right to pursue activities within
the widest range of civic, cultural, entertainment and
recreational opportunities by opening such opportunities to
participation by older citizens and { - disabled - }
citizens { + with disabilities + }, by encouraging older
citizens and { - disabled - } citizens { + with
disabilities + } to utilize their capabilities by participating
in government and by assuring them the right to serve.
(12) Make public educational facilities available to older
citizens and { - disabled - } citizens { + with
disabilities + } and their organizations so older citizens and
{ - disabled - } citizens { + with disabilities + } may pursue
their educational interests; and encourage all institutions of
learning and other appropriate agencies to develop and provide by
outreach as well as by traditional means special education
programs to meet the needs and interests of older citizens by
addressing the problems and opportunities of aging and by
responding to older citizens' interests in liberal arts as well
as their interests in hobby and recreation courses.
(13) Encourage the development of barrier-free construction and
the removal of architectural barriers so that more facilities are
accessible to older citizens and { - disabled - }
citizens { + with disabilities + }.
(14) Promote development of programs to educate persons who
work with older citizens in gerontology and geriatrics and
encourage qualified persons to seek such education.
(15) Encourage immediate application by both public and private
agencies of knowledge acquired from research that can sustain and
improve the health and happiness of older citizens and
{ - disabled - } citizens { + with disabilities + }.
(16) Recognize that older citizens who retire should be able to
do so in honor and dignity.
Enrolled Senate Bill 83 (SB 83-A) Page 145
(17) Encourage and support:
(a) Distribution of literature which accurately presents facts
concerning aging and disabilities of citizens.
(b) Efforts of schools, churches and other institutions, in
teaching children and youth about the process of aging and
disabilities of citizens so as to correct fallacies handed down
from one generation to another.
(c) Intergenerational programming and participation by
community organizations and institutions to promote better
understanding and warm social interaction and to counteract the
tendency to isolation of individuals who are elderly or
{ - disabled - } { + who have disabilities + }.
(d) Correction of stereotyping of individuals who are elderly
or { - disabled - } { + who have disabilities + } in school
texts and other books, newspapers, magazines, radio and
television by encouraging review and analysis of these media by
publishers, company ownership or other appropriate agencies.
(e) Efforts which show that many misconceptions and stereotypes
have no basis in fact so older citizens and { - disabled - }
citizens { + with disabilities + } will be freed from the
destructive tendency to socially conform by embracing these
fallacies.
SECTION 165. ORS 410.030 is amended to read:
410.030. The Legislative Assembly of the State of Oregon finds
the following regarding older citizens and { - disabled - }
citizens { + with disabilities + }:
(1) That there are many older { - or disabled - } Oregonians
{ + and Oregonians with disabilities + } who face difficulties
in maintaining self-care and independent living within the
mainstream of life, and who have not yet exhausted their
financial resources. These persons are often dependent upon
providers of care for advice regarding 24-hour care. These
persons and providers are not always aware of options to, or
within, such care;
(2) That inappropriate or premature institutionalization of
persons who have not exhausted their financial resources often
leads to exhaustion of those resources, and to the expectation by
these persons and providers that continued financing of
inappropriate institutional care shall be available under Title
XIX. However, under these circumstances, transfer of the person
to appropriate, less costly noninstitutional or alternative
institutional care, if available, is necessary in order that
limited public funds can be utilized to provide appropriate care
to as many persons in need as possible; and
(3) That to minimize the need for such disruptive transfers, it
is in the interest of older { - or disabled - } Oregonians
{ + and Oregonians with disabilities + } and of providers of
care that the Department of Human Services, or any designated
state agency, develop plans for assuring access to information,
counseling and screening, as appropriate, by persons potentially
in need of long term care without regard to the person's income.
SECTION 166. ORS 410.040 is amended to read:
410.040. As used in ORS 409.010, 410.040 to 410.320, 411.590
and 441.630:
(1) 'Appropriate living arrangement' means any arrangement for
an elderly { - citizen or disabled citizen - } { + person or
a person with a disability + } in a residential setting which is
appropriate for the { - individual - } { + person + }
considering, in order of priority, the following criteria:
Enrolled Senate Bill 83 (SB 83-A) Page 146
(a) { - Personal - } { + The + } desires and goals of the
{ - individual - } { + person + };
(b) The right of the { - individual - } { + person + } to
live as independently as possible, in the least restrictive
environment; and
(c) The cost of the living arrangement compared to other types
of living arrangements, based on the criteria in paragraphs (a)
and (b) of this subsection.
(2) 'Area agency' means:
(a) An established or proposed type A or type B Area Agency on
Aging within a planning and service area designated under Section
305 of the Older Americans Act; or
(b) Any public or nonprofit private agency which is designated
as a type A or type B Area Agency on Aging under Section 305 of
the Older Americans Act.
(3) 'Area agency board' means the local policy-making board
which directs the actions of the area agency within state and
federal laws and regulations.
(4) 'Department' means the Department of Human Services.
{ - (5) 'Disabled person' means a person with a physical or
mental disability: - }
{ - (a) Who is eligible for Supplemental Security Income or
for general assistance; and - }
{ - (b) Who meets one of the following criteria: - }
{ - (A) Is mentally retarded, developmentally disabled or
mentally or emotionally disturbed and resides in or needs
placement in a residential program administered by the
department. - }
{ - (B) Is an alcohol or drug abuser and resides in or needs
placement in a residential program administered by the
department. - }
{ - (C) Has a physical or mental disability other than those
described in subparagraphs (A) and (B) of this paragraph. - }
{ - (6) - } { + (5) + } 'Elderly { + person + } ' { - or
'elderly persons' - } means { - persons who are - } { + a
person who is + } served by { + a + } type A area
{ - agencies - } { + agency + } or type B area
{ - agencies - } { + agency + } or by the department and who
{ - are - } { + is + } 60 years of age or older.
{ - (7) - } { + (6) + } 'Local government' means a
political subdivision of the state whose authority is general or
a combination of units of general purpose local governments.
{ + (7) 'Person with a disability' means a person with a
physical or mental disability:
(a) Who is eligible for Supplemental Security Income or for
general assistance; and
(b) Who meets one of the following criteria:
(A) Has mental retardation or a developmental disability or is
mentally or emotionally disturbed, and resides in or needs
placement in a residential program administered by the
department.
(B) Is an alcohol or drug abuser and resides in or needs
placement in a residential program administered by the
department.
(C) Has a physical or mental disability other than those
described in subparagraphs (A) and (B) of this paragraph. + }
(8) 'Preadmission screening' means a professional program
within the department or type B area agencies, with staff that
includes registered nurses and social workers, that assesses the
needs of clients and recommends appropriate placements in
Enrolled Senate Bill 83 (SB 83-A) Page 147
residential programs administered by the department or type B
area agencies.
(9) 'Protective services' means a service to be provided by the
department directly or through type B area agencies, in response
to the need for protection from harm or neglect to elderly
persons and { - disabled - } persons { + with
disabilities + }.
(10) 'Title XIX' means long term care and health services
programs in Title XIX of the Social Security Act available to
elderly persons and { - disabled - } persons { + with
disabilities + }.
(11) 'Type A area agency' means an area agency:
(a) For which either the local government or the area agency
board does not agree to accept local administrative
responsibility for Title XIX; and
(b) That provides a service to elderly persons.
(12) 'Type B area agency' means an area agency:
(a) For which the local government agrees to accept local
administrative responsibility for Title XIX;
(b) That provides a service to elderly persons or to elderly
persons and { - disabled - } persons { + with
disabilities + } who require services similar to those required
by elderly persons; and
(c) That uses the term 'disabled services' or 'disability
services' in its title to communicate the fact that it provides
services to both populations described in paragraph (b) of this
subsection.
SECTION 167. ORS 410.060 is amended to read:
410.060. (1) It is the policy of the State of Oregon that
{ - disabled - } persons { + with disabilities + } served by
the Department of Human Services shall also receive necessary
services, as appropriate for their needs, from other state
agencies.
(2) In carrying out the provisions in subsection (1) of this
section, the Department of Human Services shall negotiate
interagency agreements and coordinate services with the
Employment Department and the Department of Education for the
provision of appropriate services to { - disabled - } clients
of the Department of Human Services { + who have
disabilities + }.
(3)(a) Prior to approval of an appropriate living arrangement,
as defined in ORS 410.040, administered by the Department of
Human Services, all { - disabled - } persons { + with
disabilities + } shall be assessed by preadmission screening to
{ - insure - } { + ensure + } the appropriateness of the
living arrangement.
(b) If a { - disabled - } person { + with a disability + }
is diagnosed as, or is reasonably believed to be, { - mentally
retarded or developmentally disabled - } { + a person with
mental retardation or a developmental disability + },
preadmission screening shall include an assessment by the
Developmental Disability Diagnosis and Evaluation Service
established under ORS 427.104.
(4) The Department of Human Services in coordination with the
Department of Education shall work with nursing homes
{ - which - } { + that + } have one or more residents under 18
years of age to develop a program appropriate to the needs of
{ - such - } { + those + } residents.
SECTION 168. ORS 410.070 is amended to read:
410.070. (1) The Department of Human Services shall:
Enrolled Senate Bill 83 (SB 83-A) Page 148
(a) Serve as the central state agency with primary
responsibility for the planning, coordination, development and
evaluation of policy, programs and services for elderly persons
and { - disabled - } persons { + with disabilities + } in
Oregon.
(b) Function as the designated state unit on aging, as defined
in the Older Americans Act of 1965.
(c) With the advice of the Governor's Commission on Senior
Services and the Oregon Disabilities Commission, develop
long-range state plans for programs, services and activities for
elderly persons and { - disabled - } persons { + with
disabilities + }. State plans should be revised biennially and
should be based on area agency plans, statewide priorities and
state and federal requirements.
(d) Have the authority to transfer state and federal funds,
except Title III of the Older Americans Act funds, from one area
agency to another area agency or from one program or service to
another program or service after consultation with the area
agencies involved in the transfer. However, no area agency shall
suffer a reduction in state or federal funds due to increased
local funds.
(e) Receive and disburse all federal and state funds allocated
to the department and solicit, accept and administer grants,
including federal grants or gifts made to the department or to
the state and enter into contracts with private entities for the
purpose of providing or contracting for case management services
for long term care insurance for the benefit of elderly persons
and { - disabled - } persons { + with disabilities + } in
this state.
(f) Provide technical, training and program assistance to area
agencies and assist them to provide such assistance to public and
private agencies and organizations.
(g) Assist area agencies to stimulate more effective use of
existing resources and services for elderly persons and develop
programs, opportunities and services which are not otherwise
provided for elderly persons, with the aim of developing a
comprehensive and coordinated system for the delivery of social
services to elderly persons.
(h) Assist local department offices and area agencies which
have assumed responsibility for disabled services to stimulate
more effective use of existing resources and to develop programs,
opportunities and services which are not otherwise provided for
{ - disabled - } persons { + with disabilities + }, with the
aim of developing a comprehensive and coordinated system for the
delivery of social services to { - disabled - } persons { +
with disabilities + }.
(i) Serve within government and in the state at large as an
advocate for elderly persons and { - disabled - } persons
{ + with disabilities + } by holding hearings and conducting
studies or investigations concerning matters affecting the
health, safety and welfare of elderly persons and
{ - disabled - } persons { + with disabilities + } and by
assisting elderly persons and { - disabled - } persons
{ + with disabilities + } to assure their rights to apply for
and receive services and to be given fair hearings when such
services are denied.
(j) Process fiscal and client data for all area agencies.
(k) Conduct regulatory functions with regard to program
operation, by adopting rules for providing social services,
including protective services, to elderly persons and
Enrolled Senate Bill 83 (SB 83-A) Page 149
{ - disabled - } persons { + with disabilities + } who need
services that the department or area agencies are authorized to
provide and rules for standard rate setting and quality
assurance.
(L) Provide information and technical assistance to the
Governor's Commission on Senior Services, the Oregon Disabilities
Commission and the Medicaid Long Term Care Quality and
Reimbursement Advisory Council and keep the commissions and the
council continually informed of the activities of the department.
(m) Make recommendations for legislative action to the Governor
and to the Legislative Assembly, after consultation with the
Governor's Commission on Senior Services, the Oregon Disabilities
Commission and the Medicaid Long Term Care Quality and
Reimbursement Advisory Council.
(n) Conduct research and other appropriate activities to
determine the needs of elderly persons and { - disabled - }
persons { + with disabilities + } in this state, including, but
not limited to, their needs for social and health services, and
to determine what existing services and facilities, private and
public, are available to elderly persons and { - disabled - }
persons { + with disabilities + } to meet those needs.
(o) Maintain a clearinghouse for information related to the
needs and interests of elderly persons and { - disabled - }
persons { + with disabilities + }.
(p) Provide area agencies with assistance in applying for
federal, state and private grants and identifying new funding
sources.
(2) In addition to the requirements of subsection (1) of this
section, the department shall:
(a) Determine type A and type B area agencies annual budget
levels for Oregon Project Independence and Title III of the Older
Americans Act expenditures.
(b) For type B area agencies:
(A) Determine annual budget levels for planning Title XIX
reimbursed services. In determining the budget levels, the
department shall retain contingency reserves against overruns and
transfers in use of Title XIX funds.
(B) Provide timely management information so the area agencies
and the department's disability services units can manage Title
XIX reimbursements within budgeted levels.
(C) Determine annual budget levels for planning and
administering programs relating to social, health, independent
living and protective services for { - disabled - } persons
{ + with disabilities + } for the department's disability
services units and type B area agencies which have assumed local
responsibility for the programs and clients transferred under
section 2 (2), chapter 787, Oregon Laws 1989.
(c) Make payments for services within a central processing
system for:
(A) A type A area agency, at the request of the agency, for
Oregon Project Independence or Title III of the Older Americans
Act expenditures, or both.
(B) A type B area agency, for Title XIX and Oregon Project
Independence expenditures, and at the request of the agency, for
Title III of the Older Americans Act expenditures.
(d) Assume program responsibility for Title XIX programs in
areas served by type A area agencies and in areas where no area
agency is designated.
(e) Assume planning and program responsibilities for
Enrolled Senate Bill 83 (SB 83-A) Page 150
{ - disabled - } persons { + with disabilities + } in areas
served by type A area agencies, in areas served by type B
agencies that serve only elderly persons and in areas where no
area agency exists.
(3) When developing programs affecting elderly persons, the
department shall consult with the Governor's Commission on Senior
Services.
(4) When developing programs affecting { - disabled - }
persons { + with disabilities + }, the department shall consult
with the Oregon Disabilities Commission.
SECTION 169. ORS 410.100 is amended to read:
410.100. (1) In the event that a local government withdraws the
designation of an area agency, or the Department of Human
Services withdraws the area agency designation in accordance with
the Older Americans Act, the department shall administer the
services to clients previously performed by the area agency until
a new area agency is designated.
(2) The department may withdraw any particular program or
service, except Title III of the Older Americans Act programs,
from the area agency, and administer such programs and services.
Before such action is taken, the department must consult with the
director of the area agency and the chief elected official of the
affected local government. Such action shall be taken by the
department only when it can be shown { + that + } the federal or
state laws or rules have not been complied with, { + that + }
state or federal funds are not being expended for the purposes
for which they were intended, or { - the - } { + that + }
elderly { + persons + } are not receiving appropriate services
within available resources. Withdrawal of any particular program
or service is appealable to the Governor after requesting a
reconsideration by the Director of Human Services.
SECTION 170. ORS 410.210 is amended to read:
410.210. (1) Each area agency shall have an area agency
advisory council, with members appointed by the area agency
board.
(a) For a type A area agency, membership of the council shall
include consumers of services provided primarily to elderly
persons under Department of Human Services programs, including
low income and minority persons.
(b) A type B area agency that serves elderly { + persons + }
and
{ - disabled - } persons { + with disabilities + } shall have
two advisory councils. One shall include persons described in
paragraph (a) of this subsection. The second shall be a
disability services advisory council. That council shall have as
a majority of its members { - disabled - } persons { + with
disabilities + } and shall include consumers of services and
other interested persons. Any disability services advisory
council in existence at the time the area agency assumes
responsibility for providing services to { - disabled - }
persons { + with disabilities + } shall become the disability
services advisory council for the area agency.
(2) Each area agency advisory council shall:
(a) Recommend basic policy guidelines for the administration of
the activities of the area agencies on behalf of elderly persons
or { - disabled - } persons { + with disabilities + }, and
advise the area agency on questions of policy.
(b) Advise the area agency with respect to development of the
area plan and budget, and review and comment on the completed
Enrolled Senate Bill 83 (SB 83-A) Page 151
area plan and budget before its transmittal to the Director of
Human Services.
(c) Review and evaluate the effectiveness of the area agency in
meeting the needs of elderly persons or { - disabled - }
persons { + with disabilities + } in the planning and service
area.
(d) Meet at least quarterly. The meetings are subject to ORS
192.610 to 192.690.
SECTION 171. ORS 410.230 is amended to read:
410.230. Nothing in ORS 409.010, 410.040 to 410.320, 411.590
and 441.630 requires an area agency or local governmental unit to
expend local funds for the purpose of maintaining or expanding
services to elderly { + persons + } and { - disabled - }
persons { + with disabilities + }.
SECTION 172. ORS 410.270 is amended to read:
410.270. (1) A local government shall be responsible for all
actions of a type B area agency in its jurisdiction, including
but not limited to the accountability for funds and compliance
with federal and state laws and rules. Such responsibility shall
include all geographic areas in which the type B area agency is
designated to operate.
(2) The respective local government shall appoint a director of
the type B area agency in its jurisdiction who must meet minimum
qualifications established by the Department of Human Services.
The director shall serve with the continuing approval of the
Director of Human Services. Continuing approval may be withdrawn
by the Director of Human Services only when it can be shown that
the state or federal rules have not been complied with by the
type B area agency, { + that + } state or federal funds are not
being expended for the purposes for which they were intended or
{ - the - } { + that + } elderly { + persons + } are not
receiving appropriate services within available funds. Withdrawal
of continuing approval is appealable to the Governor by the local
government after requesting a reconsideration by the Director of
Human Services.
SECTION 173. ORS 410.290 is amended to read:
410.290. (1) Prior to the designation of an area agency as a
type B area agency, the area agency, the responsible unit of
local government and the Department of Human Services must
jointly agree upon a plan under which the area agency will
operate.
(2) The plan described in subsection (1) of this section shall:
(a) Establish an administrative structure and qualifications
for key personnel that reflect the population to be served.
(b) Be developed in coordination with the appropriate local
mental health authority.
(c) Include any necessary interagency agreements regarding
which agency is to have responsibility for each specific group of
clients under 60 years of age.
(d) Address necessary transfers of staff, available equipment
and administrative and service funds.
(e) Be prepared with the participation of potentially affected
clients, staff and other individuals at the local level,
including but not limited to { - physically disabled - }
individuals { + with physical disabilities + }.
SECTION 174. ORS 410.295 is amended to read:
410.295. (1) The Director of Human Services may delegate the
following functions pertaining to regulation of adult foster
homes for elderly persons and { - disabled - } persons
{ + with disabilities + } to a type B area agency:
Enrolled Senate Bill 83 (SB 83-A) Page 152
(a) Conducting inspections and issuing and renewing licenses
under ORS 443.735;
(b) Investigating complaints under ORS 443.765; and
(c) Other regulatory functions designated by the director by
rule.
(2) This section does not apply to adult foster homes in
counties that have been granted an exemption under ORS 443.780.
(3) As used in this section, 'adult foster home' has the
meaning given that term in ORS 443.705.
SECTION 175. ORS 410.320 is amended to read:
410.320. (1) The Governor's Commission on Senior Services is
created. The commission shall consist of at least 21 members
appointed by the Governor for terms of three years.
(2) Prior to making appointments, the Governor shall request
and consider recommendations from the area agencies on aging and
other interested senior organizations. The Governor shall
designate a member to serve at the pleasure of the Governor as
chairperson for a term of two years with such duties as the
Governor shall prescribe. The membership of the commission shall
be composed of persons broadly representative of major public and
private agencies who are experienced in or have demonstrated
particular interest in the special needs of elderly persons,
including persons who have been active in organizations and
advocates on behalf of elderly persons. Additionally, membership
shall include persons who are active in advocacy organizations
representing the interests of { - disabled - } persons
{ + with disabilities + } who are served in programs under the
Department of Human Services and consumers of services provided
primarily to elderly persons and { - disabled - } persons
{ + with disabilities + } under department programs, including
low income { + persons + }, { - minority - }
{ + minorities + } and
{ - disabled - } persons { + with disabilities + }. At least
a majority of members shall be 60 years of age or older.
(3) The Governor's Commission on Senior Services shall advise
the Governor and the Director of Human Services on needs of
elderly persons, and recommend actions by the Governor, the
Department of Human Services, other governmental entities and the
private sector, appropriate to meet such needs.
(4) The commission shall have authority to study programs and
budgets of all state agencies that affect elderly persons. After
such study, the commission shall make recommendations to the
Governor and to the agencies involved. Such recommendations shall
be designed to provide coordination of programs for elderly
persons, to avoid unnecessary duplication in provision of
services, and to point out gaps in provision of services. The
commission shall also recommend development of a comprehensive
plan for delivery of services to elderly persons. In carrying out
these tasks, the commission shall coordinate its efforts with
other advisory groups within the Department of Human Services to
avoid duplication of effort.
(5) The commission shall promote responsible statewide advocacy
for elderly persons.
(6) Members of the commission, other than legislators, shall be
entitled to compensation and expenses as provided in ORS 292.495.
SECTION 176. ORS 410.490 is amended to read:
410.490. (1) To provide greater flexibility and availability of
services, the Department of Human Services shall apply for waiver
of federal statutory and regulatory requirements to make adult
day care services available under ORS chapter 414.
Enrolled Senate Bill 83 (SB 83-A) Page 153
(2) The Department of Human Services shall adopt rules
consistent with the rules adopted under ORS 410.495, that include
a provision identifying adult day care as a service available for
recipients eligible for medical assistance.
(3) As used in ORS 410.485 and this section, 'adult day care'
means community-based group programs designed to meet the needs
of { - functionally and cognitively impaired - } adults
{ + with functional or cognitive impairments + } through
individual plans of care that are structured, comprehensive and
provide a variety of health, social and related support services
in protective settings during part of the day but provide less
than 24-hour care.
SECTION 177. ORS 410.495 is amended to read:
410.495. (1) The Department of Human Services shall develop a
registry of all adult day care programs in Oregon.
(2) The department shall adopt rules, to be followed
voluntarily, substantially consistent with standards established
by the Oregon Association of Adult Day Care Services regarding
adult day care programs. Each program in the registry shall
indicate for inclusion in the registration data the extent to
which the program agrees to operate in conformity with the rules
adopted under this section.
(3) As used in this section, 'adult day care' means a
community-based group program designed to meet the needs of
{ - functionally or cognitively impaired - } adults { + with
functional or cognitive impairments + } through an individual
plan of care. 'Adult day care' means a structured, comprehensive
program that provides a variety of health, social and related
support services in a protective setting during part of a day but
for less than 24 hours.
SECTION 178. ORS 410.600 is amended to read:
410.600. As used in ORS 410.600 to 410.614:
(1) 'Activities of daily living' includes but is not limited to
the following:
(a) Bathing and personal hygiene;
(b) Dressing and grooming;
(c) Eating;
(d) Mobility;
(e) Bowel and bladder management; and
(f) Cognition.
(2) 'Area agency' has the meaning given that term in ORS
410.040.
(3) 'Commission' means the Home Care Commission established and
operated pursuant to section 11, Article XV of the Oregon
Constitution, and ORS 410.600 to 410.614.
{ - (4) 'Disabled person' has the meaning given that term in
ORS 410.040. - }
{ - (5) - } { + (4) + } 'Elderly { + person + } ' has the
meaning given that term in ORS 410.040.
{ - (6) - } { + (5) + } 'Home care services' means
assistance with activities of daily living and self-management
provided by a home care worker in the home of an elderly
{ + person + } or { - disabled - } person { + with a
disability + }.
{ - (7) - } { + (6) + } 'Home care worker' means a person:
(a) Who is hired directly by an elderly person or
{ - disabled - } person { + with a disability + } who receives
moneys from the Department of Human Services for that purpose;
Enrolled Senate Bill 83 (SB 83-A) Page 154
(b) Whose compensation is paid in whole or in part by the
department, an area agency or other public agency that receives
moneys from the department for that purpose; and
(c) Who provides either hourly or live-in home care services.
{ + (7) 'Person with a disability' has the meaning given that
term in ORS 410.040. + }
(8) 'Self-management' includes but is not limited to the
following activities, other than activities of daily living,
required by an individual to continue living independently in the
individual's own home:
(a) Medication and oxygen management;
(b) Transportation;
(c) Meal preparation;
(d) Shopping; and
(e) Client focused general household work.
SECTION 179. ORS 410.602 is amended to read:
410.602. (1) The Home Care Commission is created, consisting of
nine members appointed by the Governor and confirmed by the
Senate as provided in ORS 171.562 and 171.565. Five members shall
be elderly { + persons + } or { - disabled - } persons
{ + with disabilities + } who are receiving or who have received
home care services. One member shall be appointed to represent
each of the following entities, or a successor entity, for as
long as a comparable entity exists:
(a) Governor's Commission on Senior Services;
(b) Department of Human Services;
(c) Oregon Disabilities Commission; and
(d) Oregon Association of Area Agencies on Aging and
Disabilities.
(2) The members shall be appointed for terms of three years. A
member is eligible for reappointment and may serve no more than
three consecutive terms. When making appointments to the
commission, the Governor may consider recommendations from the
entities listed in subsection (1) of this section and other
organizations representing the interests of elderly
{ + persons + } and
{ - disabled - } persons { + with disabilities + }.
(3) If there is a vacancy for any cause, the Governor shall
make an appointment to become immediately effective for the
unexpired term.
(4) The commission shall exercise all powers necessary to
effectuate the purposes of ORS 410.600 to 410.614.
(5) The Governor shall select annually from the membership of
the commission a chairperson who serves at the pleasure of the
Governor. The chairperson or majority of the members of the
commission then in office shall have the power to call regular or
special meetings of the commission. The commission shall meet at
a place, date and hour determined by the commission.
(6) Members of the commission shall be paid compensation and
expenses as provided in ORS 292.495 from such funds as may be
available to the commission.
(7) Meetings of the commission shall be open and public in
accordance with ORS 192.610 to 192.690. Records of the commission
shall be open and available to the public in accordance with ORS
192.410 to 192.505. The commission shall meet regularly with the
executive director of the Home Care Commission to make
recommendations and set policy, to approve or reject reports of
the director, to adopt rules and to transact other business.
(8) A quorum of the commission shall consist of a majority of
the members of the commission then in office. All decisions of
Enrolled Senate Bill 83 (SB 83-A) Page 155
the commission shall be made by a majority of all the members
then in office.
(9) The commission shall, in accordance with ORS chapter 183,
adopt and enforce rules to carry out the provisions of ORS
410.600 to 410.614.
SECTION 180. ORS 410.604 is amended to read:
410.604. (1) The Home Care Commission shall ensure the quality
of home care services by:
(a) Establishing qualifications for home care workers with the
advice and consent of the Department of Human Services as the
single state Medicaid agency;
(b) Providing training opportunities for home care workers and
elderly { + persons + } and { - disabled - } persons
{ + with disabilities + } who employ home care workers;
(c) Establishing and maintaining a registry of qualified home
care workers;
(d) Providing routine, emergency and respite referrals of home
care workers;
(e) Entering into contracts with public and private
organizations and individuals for the purpose of obtaining or
developing training materials and curriculum or other services as
may be needed by the commission; and
(f) Working cooperatively with area agencies and state and
local agencies to accomplish the duties listed in paragraphs (a)
to (e) of this subsection.
(2) The commission shall employ an executive director who is
appointed by the Governor and who shall serve at the pleasure of
the Governor. The commission may employ other staff as may be
necessary to carry out its functions. An employee of the
commission is not an employee of the State of Oregon for any
purpose.
(3) When conducting its activities, and in making decisions
relating to those activities, the commission shall first consider
the effect of its activities and decisions on:
(a) Improving the quality of service delivered by home care
workers; and
(b) Ensuring adequate hours of service are provided to elderly
{ + persons + } and { - disabled - } persons { + with
disabilities + } by home care workers.
(4) The commission has the authority to contract, lease,
acquire, hold, own, encumber, insure, sell, replace, deal in and
with and dispose of real and personal property.
SECTION 181. ORS 410.608 is amended to read:
410.608. (1) An elderly { + person + } or { - disabled - }
{ + a + } person { + with a disability + } who hires a home
care worker has the right to select the { - elderly or disabled
person's own - } home care worker, including a family member.
(2) An elderly { + person + } or { - disabled - }
{ + a + } person { + with a disability + } who hires a home
care worker has the right to terminate the employment of the home
care worker at any time and for any reason.
(3) The Department of Human Services shall determine the
eligibility of an elderly { + person + } or { - disabled - }
{ + a + } person { + with a disability + } to receive home care
services under the Medicaid program and state-funded long term
care services.
SECTION 182. ORS 410.715 is amended to read:
410.715. It is the policy of the state that any person
experiencing an injury defined as an injury to the brain caused
by extrinsic forces where the injury results in the loss of
Enrolled Senate Bill 83 (SB 83-A) Page 156
cognitive, psychological, social, behavioral or physiological
function for a sufficient time to affect that person's ability to
perform activities of daily living shall be considered a person
with { - disabilities - } { + a disability + }.
SECTION 183. ORS 410.730 is amended to read:
410.730. (1) The Self-Sufficiency Trust Fund is established,
separate and distinct from the General Fund, in the State
Treasury. Interest earned, if any, shall inure to the benefit of
this fund. The purpose of the Self-Sufficiency Trust Fund is to
provide a life-care planning option to meet the supplemental
service needs of individuals with disabilities by enabling
parents, families and others to plan more secure futures for
their
{ - disabled - } dependents { + with disabilities + } or
other named { - disabled - } beneficiaries { + with
disabilities + } without fear of loss of benefits or invasion of
trust principal.
(2) The State Treasurer shall be custodian of the
Self-Sufficiency Trust Fund, and the Oregon Department of
Administrative Services shall direct payments from the trust fund
upon vouchers properly certified by the Director of Human
Services.
(3) The Director of Human Services may accept money from a
self-sufficiency trust described in subsection (8) of this
section for deposit in the Self-Sufficiency Trust Fund pursuant
to an agreement with the trust. The Department of Human Services
shall maintain separate accounting records in the
Self-Sufficiency Trust Fund for each named beneficiary and shall
promptly credit to each account moneys deposited in the
Self-Sufficiency Trust Fund by a self-sufficiency trust described
in subsection (8) of this section on behalf of a named
beneficiary.
(4) The agreement, naming one or more beneficiaries residing in
this state who { - are developmentally disabled, mentally ill
or physically disabled persons - } { + have developmental
disabilities, mental illness or physical disabilities + } or
persons otherwise eligible for benefits or services due to
disability, shall specify the supplementary care, support or
treatment to be provided for each named beneficiary with the
moneys deposited in the Self-Sufficiency Trust Fund.
(5) The State Treasurer shall credit interest on the
Self-Sufficiency Trust Fund to the fund, and the Department of
Human Services shall allocate the interest pro rata to the
respective accounts of the named beneficiaries of the
Self-Sufficiency Trust Fund.
(6) The moneys in each account together with any accumulated
interest on that account shall be expended only to provide
supplementary care, support and treatment for the named
beneficiary in accordance with the terms of the agreement. The
moneys from each account shall not be expended to provide
supplementary care, support and treatment unless the named
beneficiary is 18 years of age or older or is emancipated, or the
parents of the beneficiary have died, or in cases of extreme,
unforeseen hardship. If the agreement so provides, the moneys in
each account may be expended for purposes other than providing
supplementary care, support and treatment upon a showing of
extreme, unforeseen hardship. The Department of Human Services
shall by rule establish criteria for determining what conditions
constitute extreme, unforeseen hardship allowing expenditure of
Enrolled Senate Bill 83 (SB 83-A) Page 157
moneys for purposes other than providing supplementary care,
support and treatment.
(7) In the event that the Director of Human Services determines
that the money in the account of a named beneficiary cannot be
used for supplementary care, support or treatment of the
beneficiary in a manner consistent with the agreement, the
remaining money in the account, together with any accumulated
interest, shall be promptly returned to the self-sufficiency
trust which deposited the money in the Self-Sufficiency Trust
Fund.
(8) A nonprofit corporation that is a 501-C-3 organization
under the United States Internal Revenue Code of 1954 and that is
organized under the Nonprofit Corporation Act, Title 13-B, may
establish a self-sufficiency trust for the purpose of providing
for supplementary care, support or treatment of one or more
{ - developmentally disabled, mentally ill or physically
disabled - } persons { + who have developmental disabilities,
mental illness or physical disabilities + } or persons otherwise
eligible for benefits or services due to disability by depositing
the proceeds in the Self-Sufficiency Trust Fund established under
subsections (1) to (7) of this section.
(9) The receipt by a beneficiary of supplementary care, support
or treatment provided with money from the Self-Sufficiency Trust
Fund shall not in any way reduce, impair or diminish the benefits
to which the beneficiary is otherwise entitled by law. No
interest in the principal or income of this trust shall be
anticipated, assigned or encumbered, or shall be subject to any
creditor's claim or to legal process, prior to its actual receipt
by the beneficiary. Furthermore, because of the special needs of
the beneficiary, no part of the corpus thereof, nor principal nor
undistributed income shall be subject to the claims of voluntary
or involuntary creditors for the provision of care and services,
including residential care, by any public entity, office,
department or agency of the State of Oregon or of any other
state, or of the United States or any other governmental agency.
(10) The Director of Human Services shall serve as the official
who implements the provision of care, support or treatment for
the beneficiary from moneys maintained in the Self-Sufficiency
Trust Fund in the beneficiary's name. The director shall adopt
rules necessary for the administration and the implementation of
this subsection.
SECTION 184. ORS 410.732 is amended to read:
410.732. (1) The Disabilities Trust Fund is established,
separate and distinct from the General Fund, in the State
Treasury. The purpose of the Disabilities Trust Fund is to
provide supplemental services to meet the needs of low income and
indigent individuals with disabilities.
(2) The State Treasurer shall be custodian of the Disabilities
Trust Fund and the Oregon Department of Administrative Services,
subject to appropriations, shall direct payments for the benefit
of low income and indigent people with disabilities or recipients
of services from the Department of Human Services, or both, from
the trust fund as recommended by the Director of Human Services.
(3) The Director of Human Services may accept for deposit in
the Disabilities Trust Fund:
(a) Moneys left to the Disabilities Trust Fund by donors of a
self-sufficiency trust described in ORS 410.730 (8) at the death
of the { - disabled - } beneficiary { + with a
disability + }; and
Enrolled Senate Bill 83 (SB 83-A) Page 158
(b) Bequests and contributions from private donors,
corporations or foundations.
(4) The State Treasurer shall credit interest on the
Disabilities Trust Fund to the fund.
(5) Moneys in the Disabilities Trust Fund shall be expended
only to provide supplemental services to meet the need for care,
support or treatment for low income or indigent individuals with
developmental disabilities, mental illness or physical
disabilities or who are otherwise eligible to receive services or
benefits because of disability.
(6) The receipt by a beneficiary of supplementary care, support
or treatment provided with money from the Disabilities Trust Fund
shall not in any way reduce, impair or diminish the benefits to
which the beneficiary is otherwise entitled by law. No interest
in the principal or income of this trust shall be anticipated,
assigned or encumbered, or shall be subject to any creditor's
claim or to legal process, prior to its actual receipt by the
beneficiary. Furthermore, because of the special needs of the
beneficiary, no part of the corpus thereof, nor principal nor
undistributed income shall be subject to the claims of voluntary
or involuntary creditors for the provision of care and services,
including residential care, by any public entity, office,
department or agency of the State of Oregon or of any other
state, or of the United States or any other governmental agency.
(7) The Director of Human Services shall serve as the official
who implements the provision of care, support or treatment for
the beneficiary from moneys available from the Disabilities Trust
Fund. The director shall adopt rules necessary for the
administration and implementation of this section.
(8) The care, support or treatment provided under ORS 410.730
and this section must conform to the waiver requirements of the
federal Centers for Medicare and Medicaid Services.
(9) Upon the death of a named beneficiary of a self-sufficiency
trust established under ORS 410.730 (8), the balance of any money
deposited to the account of the beneficiary in the
Self-Sufficiency Trust Fund shall be transferred to the
Disabilities Trust Fund for the purposes described in subsection
(1) of this section unless the agreement entered into between the
Director of Human Services and the self-sufficiency trust under
ORS 410.730 (3) provides otherwise. The Director of Human
Services shall enter into no agreement under ORS 410.730 (3)
unless the agreement provides that at least 50 percent of any
moneys credited to the account of the named beneficiary at the
time of the beneficiary's death be transferred from the
Self-Sufficiency Trust Fund to the Disabilities Trust Fund upon
the death of the beneficiary.
SECTION 185. ORS 410.740 is amended to read:
410.740. (1) The Oregon Deaf and Hard-of-Hearing Services
Program is created in the Department of Human Services. The
purpose of the program is to assist members of the public and
state agencies in making agency programs available and accessible
to individuals who are deaf or { - hard-of-hearing - } { +
hard of hearing + }.
(2) The program may also provide the following:
(a) Identification and publicity of the needs and concerns of
{ + individuals who are + } deaf or { - hard-of-hearing
individuals - } { + hard of hearing + } as their needs and
concerns relate to the full achievement of economic, social,
legal and political equity.
Enrolled Senate Bill 83 (SB 83-A) Page 159
(b) Advice to the Department of Human Services, the Governor,
the Legislative Assembly and appropriate state agency
administrators on how state services for { + individuals who
are + } deaf or { - hard-of-hearing individuals - } { + hard
of hearing + } might be improved or better coordinated to meet
the needs of these individuals.
(c) { - Provision of - } Information to { + individuals who
are + } deaf or
{ - hard-of-hearing individuals - } { + hard of hearing + }
about where they may obtain assistance in rehabilitation and
employment and about laws prohibiting discrimination in
employment as a result of disability.
(d) Cooperation with and assistance to interest groups in
rehabilitation and employment of { + individuals who are + }
deaf or
{ - hard-of-hearing individuals - } { + hard of hearing + }
and encouragement of public and private employers to undertake
affirmative action to ensure equitable employment of
{ + individuals who are + } deaf or
{ - hard-of-hearing individuals - } { + hard of hearing + }.
(e) Promotion of a continuous program of information and
education to employers and the general public to increase
awareness of and sensitivity to the needs of { + individuals who
are + } deaf or { - hard-of-hearing individuals - } { + hard
of hearing + } for equitable education and training that will
ensure for these individuals their full vocational potential.
(f) Promotion of a continuous information program for placement
of { + individuals who are + } deaf or { - hard-of-hearing
individuals - } { + hard of hearing + } in suitable employment.
(3)(a) The Director of Human Services shall appoint an advisory
committee to advise the director regarding the program. The
director shall consult with the advisory committee regarding the
services described in this section.
(b) The director shall appoint to the advisory committee 12
individuals who have experience in issues that affect
{ + individuals who are + } deaf or { - hard-of-hearing
individuals - } { + hard of hearing + }.
SECTION 186. ORS 410.851 is amended to read:
410.851. (1) The Legislative Assembly finds and declares that
patients admitted to and cared for by long term care facilities
in Oregon are more impaired than in the past. In keeping with the
traditional commitment of the State of Oregon to the care and
protection of its { - frail, elderly and handicapped - }
citizens { + who are frail or elderly or who have
disabilities + }, as expressed in ORS 410.020 (1) to (6), the
Legislative Assembly declares that a patient-based reimbursement
system emphasizing quality incentives is appropriate for long
term care facilities. Such a system would reward long term care
facilities for outcomes, such as maintaining or improving a
patient's condition, and meet the legitimate costs of caring for
patients.
(2) 'Patient-based reimbursement' means reimbursement for
direct patient care according to the needs of the patient, based
on multiple levels of patient health, functioning and impairment.
Notwithstanding the above, patient-based reimbursement does not
require the Department of Human Services to assess each patient
and reimburse long term care facilities according to the
constantly changing conditions of the patients except for changes
between skilled and intermediate levels of care which shall
result in prompt readjustment of rates.
Enrolled Senate Bill 83 (SB 83-A) Page 160
(3) The Department of Human Services shall establish by rule
definitions of levels of care and the payment rates for the
patient-based reimbursement system.
SECTION 187. ORS 411.704 is amended to read:
411.704. As used in this section and ORS 411.120, 411.706 and
411.708:
(1) 'Assistance' means:
(a) Cash payments made under ORS 411.706 to or on behalf of a
needy person who is a resident of this state and who is blind,
{ - disabled - } { + has a disability + } or { + is + } 65
years of age or older; or
(b) Special need allowances for one-time or ongoing needs.
(2) 'Blind' means having:
(a) Visual acuity with corrective lenses that does not exceed
20/200 in the better eye, or vision in the better eye that is
restricted to a field that subtends an angle of not greater than
20 degrees; or
(b) An equivalent visual impairment, as determined by the
Department of Human Services after examination by:
(A) An ophthalmologist licensed to practice medicine and
surgery in Oregon or in another state or territory of the United
States having qualifications substantially similar to those of
the State of Oregon; or
(B) An optometrist licensed and practicing in Oregon or in
another state or territory of the United States having
qualifications substantially similar to those of the State of
Oregon.
(3) ' { - Disabled - } { + Disability + } ' means
{ - having - } a physical or mental impairment that:
(a) Is likely to continue without substantial improvement for
no less than 12 months or to result in death; and
(b) Prevents performance of substantially all the ordinary
duties of occupations in which a person not having the physical
or mental impairment is capable of engaging, having due regard to
the training, experience and circumstances of the individual with
the physical or mental impairment.
(4)(a) 'Income' means net income in cash or in kind available
to the applicant or recipient, the receipt of which is regular
and predictable enough to afford security in the sense that the
applicant or recipient may rely upon it to contribute toward
meeting the needs of the applicant or recipient.
(b) 'Income' does not include:
(A) Earnings or other income that may be exempted in compliance
with federal laws and regulations; or
(B) Premiums on life insurance policies, whether paid by the
applicant, recipient or other person.
(5) 'Recipient' means a person who is receiving assistance
provided by the Oregon Supplemental Income Program.
(6) 'Resources' means an asset that may be applied toward
meeting the needs of the applicant or recipient, including real
and personal property holdings contributing to the maintenance of
the applicant or recipient or representing investments or savings
that may be drawn upon for maintenance purposes.
SECTION 188. ORS 411.706 is amended to read:
411.706. (1) The Oregon Supplemental Income Program shall:
(a) Provide supplemental cash payments to recipients of
Supplemental Security Income; and
(b) Grant special need allowances for one-time or ongoing
needs.
Enrolled Senate Bill 83 (SB 83-A) Page 161
(2) The program shall grant assistance to eligible persons who
are blind, { - disabled - } { + have disabilities + } or
{ + are + } 65 years of age or older. Persons granted assistance
under this section shall receive medical assistance as defined in
ORS 414.025.
(3) The program shall grant assistance according to the rules
of the Department of Human Services and on the basis of need,
taking into account the income and resources available to the
applicant or recipient.
SECTION 189. ORS 411.708 is amended to read:
411.708. (1) The amount of any assistance paid under ORS
411.706 is a claim against the property or interest in the
property belonging to and a part of the estate of any deceased
recipient. If the deceased recipient has no estate, the estate of
the surviving spouse of the deceased recipient, if any, shall be
charged for assistance granted under ORS 411.706 to the deceased
recipient or the surviving spouse. There shall be no adjustment
or recovery of assistance correctly paid on behalf of any
deceased recipient under ORS 411.706 except after the death of
the surviving spouse of the deceased recipient, if any, and only
at a time when the deceased recipient has no surviving child who
is under 21 years of age or who is blind or { - disabled - }
{ + has a disability + }. Transfers of real or personal
property by recipients of assistance without adequate
consideration are voidable and may be set aside under ORS 411.620
(2).
(2) Except when there is a surviving spouse, or a surviving
child who is under 21 years of age or who is blind or
{ - disabled - } { + has a disability + }, the amount of any
assistance paid under ORS 411.706 is a claim against the estate
in any conservatorship proceedings and may be paid pursuant to
ORS 125.495.
(3) Nothing in this section authorizes the recovery of the
amount of any assistance from the estate or surviving spouse of a
recipient to the extent that the need for assistance resulted
from a crime committed against the recipient.
SECTION 190. 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
Enrolled Senate Bill 83 (SB 83-A) Page 162
(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 - } { + persons with mental retardation + }; 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 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
Enrolled Senate Bill 83 (SB 83-A) Page 163
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) 'Income' has the meaning given that term in ORS 411.704.
(4) '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) '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) '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
Enrolled Senate Bill 83 (SB 83-A) Page 164
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) '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) '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 191. ORS 414.105 is amended to read:
414.105. (1) The Department of Human Services may recover from
any person the amounts of medical assistance incorrectly paid on
behalf of such person.
(2) Medical assistance pursuant to this chapter paid on behalf
of an individual who was 55 years of age or older when the
individual received such assistance, or paid on behalf of a
person of any age who was a permanently institutionalized
inpatient in a nursing facility, intermediate care facility for
{ - the mentally retarded - } { + persons with mental
retardation + } or other medical institution, may be recovered
from the estate of the individual or from any recipient of
property or other assets held by the individual at the time of
death including the estate of the surviving spouse. Claim for
such medical assistance correctly paid to the individual may be
established against the estate, but there shall be no adjustment
or recovery thereof until after the death of the surviving
spouse, if any, and only at a time when the individual has no
surviving child who is under 21 years of age or who is blind or
permanently and totally disabled. Transfers of real or personal
property by recipients of such aid without adequate consideration
are voidable and may be set aside under ORS 411.620 (2).
(3) Nothing in this section authorizes the recovery of the
amount of any aid from the estate or surviving spouse of a
recipient to the extent that the need for aid resulted from a
crime committed against the recipient.
(4) In any action or proceeding under this section to recover
medical assistance paid, it shall be the legal burden of the
person who receives the property or other assets from a Medicaid
recipient to establish the extent and value of the Medicaid
recipient's legal title or interest in the property or assets in
accordance with rules established by the department.
(5) As used in this section, 'estate' includes all real and
personal property and other assets in which the deceased
individual had any legal title or interest at the time of death
including assets conveyed to a survivor, heir or assign of the
deceased individual through joint tenancy, tenancy in common,
survivorship, life estate, living trust or other similar
arrangement.
SECTION 192. ORS 414.211 is amended to read:
414.211. (1) There is established a Medicaid Advisory Committee
consisting of not more than 15 members appointed by the Governor.
(2) The committee shall be composed of:
(a) A physician licensed under ORS chapter 677;
(b) Two members of health care consumer groups that include
Medicaid recipients;
(c) Two Medicaid recipients, one of whom shall be a
{ - disabled - } person { + with a disability + };
(d) The Director of Human Services or designee;
Enrolled Senate Bill 83 (SB 83-A) Page 165
(e) Health care providers;
(f) Persons associated with health care organizations,
including but not limited to managed care plans under contract to
the Medicaid program; and
(g) Members of the general public.
(3) In making appointments, the Governor shall consult with
appropriate professional and other interested organizations. All
members appointed to the committee shall be familiar with the
medical needs of low income persons.
(4) The term of office for each member shall be two years, but
each member shall serve at the pleasure of the Governor.
(5) Members of the committee shall receive no compensation for
their services but, subject to any applicable state law, shall be
allowed actual and necessary travel expenses incurred in the
performance of their duties from the Public Welfare Account.
SECTION 193. ORS 414.424 is amended to read:
414.424. (1) As used in this section:
(a) 'Person with a serious mental illness' means a person who
is diagnosed by a psychiatrist, a licensed clinical psychologist
or a certified nonmedical examiner as { - suffering from - }
{ + having + } dementia, schizophrenia, bipolar disorder, major
depression or other affective disorder or psychotic mental
disorder other than a disorder caused primarily by substance
abuse.
(b) 'Public institution' means:
(A) A state hospital as defined in ORS 162.135;
(B) A local correctional facility as defined in ORS 169.005;
(C) A Department of Corrections institution as defined in ORS
421.005; or
(D) A youth correction facility as defined in ORS 162.135.
(2) Except as provided in subsection (6) of this section, the
Department of Human Services shall suspend the medical assistance
of a person with a serious mental illness when:
(a) The person receives medical assistance because of a serious
mental illness; and
(b) The person becomes an inmate residing in a public
institution.
(3) The department shall continue to determine the eligibility
of the person as categorically needy as defined in ORS 414.025.
(4) Upon notification that a person described in subsection (2)
of this section is no longer an inmate residing in a public
institution, the department shall reinstate the person's medical
assistance if the person is otherwise eligible for medical
assistance.
(5) This section does not extend eligibility to an otherwise
ineligible person or extend medical assistance to a person if
matching federal funds are not available to pay for medical
assistance.
(6) Subsection (2) of this section does not apply to a person
with a serious mental illness residing in a state hospital as
defined in ORS 162.135 who is under 22 years of age or who is 65
years of age or older.
SECTION 194. ORS 414.708 is amended to read:
414.708. (1) A person is eligible to receive the health
services described in ORS 414.707 (1)(b) when the person is a
resident of this state who:
(a) Is 65 years of age or older { + , + } or is blind or
{ - disabled - } { + has a disability + } as those terms are
defined in ORS 411.704;
Enrolled Senate Bill 83 (SB 83-A) Page 166
(b) Has a gross annual income that does not exceed the standard
established by the Department of Human Services; and
(c) Is not covered under any public or private prescription
drug benefit program.
(2) A person receiving prescription drug services under ORS
414.707 (1)(b) shall pay up to a percentage of the Medicaid price
of the prescription drug established by the department by rule
and the dispensing fee.
SECTION 195. ORS 414.710 is amended to read:
414.710. The following services are available to persons
eligible for services under ORS 414.025, 414.036, 414.042,
414.065 and 414.705 to 414.750 but such services are not subject
to ORS 414.720:
(1) Nursing facilities and home- and community-based waivered
services funded through the Department of Human Services;
(2) Medical assistance to eligible persons who receive
assistance under ORS 411.706 or to children described in ORS
414.025 (2)(f), (i), (j), (k) and (m), 418.001 to 418.034,
418.189 to 418.970 and 657A.020 to 657A.460;
(3) Institutional, home- and community-based waivered services
or community mental health program care for persons with mental
retardation, { - a - } developmental { - disability - }
{ + disabilities + } or
{ - a - } severe mental illness and for the treatment of
alcohol and drug dependent persons; and
(4) Services to children who are wards of the Department of
Human Services by order of the juvenile court and services to
children and families for health care or mental health care
through the department.
SECTION 196. ORS 418.015 is amended to read:
418.015. (1) The Department of Human Services may, in its
discretion, accept custody of children and may provide care,
support and protective services for children who are dependent
{ - , - } { + or + } neglected, { - mentally or physically
disabled - } { + who have mental or physical disabilities + }
or who for other reasons are in need of public service.
(2) The department shall accept any child placed in its custody
by a court under, but not limited to ORS chapter 419B or 419C,
and shall provide such services for the child as the department
finds to be necessary.
(3) All children in the legal custody of the department who, in
the judgment of the Director of Human Services or the authorized
representative for the director are in need of care or treatment
services, may be placed with any person or family of good
standing or any child caring agency for such services under an
agreement pursuant to ORS 418.027.
SECTION 197. ORS 418.032 is amended to read:
418.032. (1) Whenever the Department of Human Services has
accepted custody of a child under the provisions of ORS 418.015
and is required to provide financial assistance for the care and
support of the child, the state shall, by operation of law, be
assignee of and subrogated to any right to support from any other
person including any sums that may have accrued, up to the amount
of assistance provided by the department. If the right to support
is contained in a judgment or order that requires a single gross
monthly payment for the support of two or more children, the
assignment and right of subrogation shall be of such child's
proportionate share of the gross amount. The assignment shall be
as provided in ORS 418.042.
Enrolled Senate Bill 83 (SB 83-A) Page 167
(2) The department shall attempt to enter into agreements with
any person who voluntarily gives custody of a child with
{ + a + } mental or physical { - disabilities - }
{ + disability + } to the department. Any agreement entered
into shall set out the timely and nonadversarial settlement of
child support obligations that the person may have with respect
to the child.
SECTION 198. ORS 418.205 is amended to read:
418.205. As used in ORS 418.205 to 418.310 and 418.992 to
418.998, unless the context requires otherwise:
(1) 'Child' means an unmarried person under 18 years of age.
(2)(a) 'Child-caring agency' means any private agency or
private organization providing:
(A) Day treatment for { - disturbed - } children { + with
emotional disturbances + };
(B) Adoption placement services;
(C) Residential care, including but not limited to foster care
or residential treatment for children;
(D) Outdoor youth programs; or
(E) Other similar services for children.
(b) 'Child-caring agency' does not include residential
facilities or foster care homes certified or licensed by the
Department of Human Services under ORS 443.400 to 443.455,
443.830 and 443.835 for children receiving developmental
disability services.
(3)(a) 'Outdoor youth program' means a program that provides,
in an outdoor living setting, services to children who have
behavioral problems, mental health problems or problems with
abuse of alcohol or drugs.
(b) 'Outdoor youth program' does not include any program,
facility or activity:
(A) Operated by a governmental entity;
(B) Operated or affiliated with the Oregon Youth Conservation
Corps; or
(C) Licensed by the Department of Human Services under other
authority of the department.
(4) 'Private' means not owned, operated or administered by any
governmental agency or unit.
SECTION 199. ORS 419B.504 is amended to read:
419B.504. The rights of the parent or parents may be terminated
as provided in ORS 419B.500 if the court finds that the parent or
parents are unfit by reason of conduct or condition seriously
detrimental to the child or ward and integration of the child or
ward into the home of the parent or parents is improbable within
a reasonable time due to conduct or conditions not likely to
change. In determining such conduct and conditions, the court
shall consider but is not limited to the following:
(1) Emotional illness, mental illness or mental
{ - deficiency - } { + retardation + } of the parent of such
nature and duration as to render the parent incapable of
providing proper care for the child or ward for extended periods
of time.
(2) Conduct toward any child of an abusive, cruel or sexual
nature.
(3) Addictive or habitual use of intoxicating liquors or
controlled substances to the extent that parental ability has
been substantially impaired.
(4) Physical neglect of the child or ward.
(5) Lack of effort of the parent to adjust the circumstances of
the parent, conduct, or conditions to make it possible for the
Enrolled Senate Bill 83 (SB 83-A) Page 168
child or ward to safely return home within a reasonable time or
failure of the parent to effect a lasting adjustment after
reasonable efforts by available social agencies for such extended
duration of time that it appears reasonable that no lasting
adjustment can be effected.
(6) Criminal conduct that impairs the parent's ability to
provide adequate care for the child or ward.
SECTION 200. ORS 420.500 is amended to read:
420.500. { - No - } { + A + } youth offender in a youth
correction facility may { + not + } be transferred to an
institution for { - the mentally ill or mentally deficient - }
{ + persons with mental illness or mental retardation + } for a
period of more than 14 days unless the youth offender has been
committed to an institution for { - the mentally ill or
mentally deficient - } { + persons with mental illness or
mental retardation + } in the manner specified in ORS 420.505 and
420.525.
SECTION 201. ORS 420.505 is amended to read:
420.505. (1) A youth offender at a youth correction facility
may apply for admission to a hospital or facility designated by
the Department of Human Services. The application may be made on
behalf of the youth offender by the parents or legal guardian of
the youth offender. However, the superintendent shall not be
required to cause the examination of a youth offender who applies
under this section more often than once in six months.
(2) Within five working days after receipt of the application,
the superintendent of the youth correction facility shall cause
the youth offender to be examined by one or more qualified
persons at the facility and shall request the examination of the
youth offender by one or more qualified persons employed or
designated by the department. The examination conducted or
authorized by the department shall take place within five working
days after receipt of the request from the superintendent. The
examiners shall prepare separate reports and shall submit such
reports to the superintendent. A copy of the reports shall be
given to the applicant.
(3) If the superintendent finds that there is a probable cause
to believe that the youth offender { - is mentally ill - }
{ + has a mental illness + } and that it would be in the best
interests of the youth offender to be admitted to a hospital or
facility designated by the department, the superintendent shall
notify the department and shall order the youth offender
transferred pursuant to ORS 179.473.
(4) No youth offender at a youth correction facility
voluntarily admitted to a hospital or facility designated by the
department shall be detained therein more than 72 hours after the
youth offender is of the age specified in ORS 420A.010 (5)
setting the age limits for which the Oregon Youth Authority may
retain legal and physical custody of the youth offender and has
given notice in writing of the desire of the youth offender to be
released. If the youth offender is under the age specified in ORS
420A.010 (5) setting the age limits for which the Oregon Youth
Authority may retain legal and physical custody of the youth
offender, the youth offender may be returned to the youth
correction facility after notice in writing has been given by the
parent or legal guardian of the youth offender, that such parent
or guardian desires that the youth offender be discharged from
the hospital or facility designated by the department.
SECTION 202. ORS 421.084 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 169
421.084. (1) The Corrections Education Advisory Committee shall
assist in the development, and the Administrator of Correctional
Education shall design a functional literacy program for all
individuals in the custody of the Department of Corrections. The
program shall:
(a) Test individuals for functional literacy level. Testing for
basic intelligence, learning disabilities, developmental
disabilities and adaptive behavior skills shall be administered
as needed except that the administrator may accept equivalent
test results from other sources;
(b) Except as provided in subsection (2) of this section, be
mandatory for all individuals testing below a functional literacy
level which is defined as a score of 230 on the Oregon Basic
Adult Skills Inventory System functional literacy test or a 8.0
grade equivalency on other standardized tests;
(c) Consist of a minimum of 90 days of instruction in
functional literacy consisting of one and one-half hours of
instruction per day for five days per week, provide progress
testing and certification and provide for voluntary attendance
beyond the 90-day minimum program;
(d) Provide strong incentives for entering and successfully
completing the literacy program and for continuing in the program
beyond the 90-day minimum period; and
(e) Maintain records of an individual's achievement in the
program and make those records available to the State Board of
Parole and Post-Prison Supervision.
(2) Testing for functional literacy level and participation in
the functional literacy program are not required for inmates:
(a) Sentenced to less than one year;
(b) Sentenced to life imprisonment without parole;
(c) Sentenced to death; or
(d) { - Who are developmentally disabled - } { + With
developmental disabilities + }.
(3) For the purposes of this section, 'functional literacy '
means those educational skills necessary to function
independently in society, including but not limited to, reading,
writing, comprehension and arithmetic computation.
SECTION 203. ORS 426.005 is amended to read:
426.005. (1) As used in ORS 426.005 to 426.390, unless the
context requires otherwise:
(a) 'Department' means the Department of Human Services.
(b) 'Director of the facility' means a superintendent of a
state mental hospital, the chief of psychiatric services in a
community hospital or the person in charge of treatment and
rehabilitation programs at other treatment facilities.
(c) 'Facility' means a state mental hospital, community
hospital, residential facility, detoxification center, day
treatment facility or such other facility as the department
determines suitable, any of which may provide diagnosis and
evaluation, medical care, detoxification, social services or
rehabilitation for committed mentally ill persons.
(d) 'Mentally ill person' means a person who, because of a
mental disorder, is one or more of the following:
(A) Dangerous to self or others.
(B) Unable to provide for basic personal needs and is not
receiving such care as is necessary for health or safety.
(C) A person { - who - } :
(i) { - Is chronically mentally ill - } { + With a chronic
mental illness + }, as defined in ORS 426.495;
Enrolled Senate Bill 83 (SB 83-A) Page 170
(ii) { + Who, + } within the previous three years, has twice
been placed in a hospital or approved inpatient facility by the
department under ORS 426.060;
(iii) { + Who + } is exhibiting symptoms or behavior
substantially similar to those that preceded and led to one or
more of the hospitalizations or inpatient placements referred to
in sub-subparagraph (ii) of this subparagraph; and
(iv) { + Who, + } unless treated, will continue, to a
reasonable medical probability, to physically or mentally
deteriorate so that the person will become a person described
under either { - or both - } subparagraph (A) or (B) of this
paragraph { + or both + }.
(e) 'Nonhospital facility' means any facility, other than a
hospital, that is approved by the department to provide adequate
security, psychiatric, nursing and other services to persons
under ORS 426.232 or 426.233.
(f) 'Prehearing period of detention' means a period of time
calculated from the initiation of custody during which a person
may be detained under ORS 426.228, 426.231, 426.232 or 426.233.
(2) Whenever a community mental health and developmental
disabilities program director, director of the facility,
superintendent of a state hospital or administrator of a facility
is referred to, the reference includes any designee such person
has designated to act on the person's behalf in the exercise of
duties.
SECTION 204. ORS 426.180 is amended to read:
426.180. (1) This section applies to commitments of a person
from a reservation for land-based tribes of Native Americans
when, under federal law, the state does not have jurisdiction of
commitments on the reservation.
(2) When this section is applicable as provided under
subsection (1) of this section, a person alleged to be mentally
ill by affidavit of two other persons may be admitted to a state
hospital for { - the mentally ill - } { + persons with mental
illness + } for emergency treatment, care and custody, provided
such affidavit includes or is accompanied by all of the
following:
(a) The circumstances constituting the emergency.
(b) Written application for admission to the hospital, executed
in duplicate.
(c) A certificate to the effect that the person is so mentally
ill as to be in need of immediate hospitalization.
(d) A medical history, including the name, condition, sex and
age of the person.
(e) The name and address of the nearest relative or legal
guardian, if any, of the person.
(3) The certificates, applications and medical histories shall
be made upon forms prescribed by the Department of Human Services
and shall be executed by the county health officer or by two
physicians licensed by the Board of Medical Examiners, none of
whom shall be related to the person by blood or marriage.
(4) When a person is admitted to a state hospital under this
section, any physician treating the person shall give the person
the warning under ORS 426.123.
(5) This section may be applied as provided by agreement with
the ruling body of the reservation. Payment of costs for a
commitment made under this section shall be as provided under ORS
426.250.
SECTION 205. ORS 426.220 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 171
426.220. (1) Pursuant to rules and regulations promulgated by
the Department of Human Services, the superintendent of any state
hospital for the treatment and care of { - the mentally ill - }
{ + persons with mental illness + } may admit and hospitalize
therein as a patient, any person who may { - be suffering
from - } { + have a + } nervous disorder or { + a + } mental
illness, and who voluntarily has made written application for
such admission. No person under the age of 18 years shall be
admitted as a patient to any such state hospital unless an
application therefor in behalf of the person has been executed by
the parent, adult next of kin or legal guardian of the person.
Except when a period of longer hospitalization has been imposed
as a condition of admission, pursuant to rules and regulations of
the department, no person voluntarily admitted to any state
hospital shall be detained therein more than 72 hours after the
person, if at least 18 years of age, has given notice in writing
of a desire to be discharged therefrom, or, if the patient is
under the age of 18 years, after notice in writing has been given
by the parent, adult next of kin or legal guardian of the person
that such parent, adult next of kin or legal guardian desires
that such person be discharged therefrom.
(2) Any person voluntarily admitted to a state hospital
pursuant to this section may upon application and notice to the
superintendent of the hospital concerned, be granted a temporary
leave of absence from the hospital if such leave, in the opinion
of the superintendent, will not interfere with the successful
treatment or examination of the applicant for leave.
(3) Upon admission or discharge of a minor to or from a state
hospital the superintendent shall immediately notify the parent
or guardian.
SECTION 206. ORS 426.330 is amended to read:
426.330. The special funds authorized for the use of the
superintendents of the Oregon State Hospital, the Eastern Oregon
Psychiatric Center and the Eastern Oregon Training Center to
better enable them promptly to meet the advances and expenses
necessary in the matter of transferring patients to the state
hospitals are continued in existence. The superintendents shall
present their claims monthly with proper vouchers attached,
showing the expenditures from the special funds during the
preceding month, which claims, when approved by the Department of
Human Services, shall be paid by warrant upon the State Treasurer
against the fund appropriated to cover the cost of transporting
{ - the mentally diseased - } { + these patients + }.
SECTION 207. ORS 426.490 is amended to read:
426.490. It is declared to be the policy and intent of the
Legislative Assembly that the State of Oregon shall assist in
improving the quality of life of { - chronically mentally
ill - } persons { + with chronic mental illness + } within this
state by
{ - insuring - } { + ensuring + } the availability of an
appropriate range of residential opportunities and related
support services.
SECTION 208. ORS 426.495 is amended to read:
426.495. { + (1) + } As used in ORS 426.490 to 426.500, unless
the context requires otherwise:
{ - (1) - } { + (a) + } 'Case manager' means a person who
works on a continuing basis with { - the chronically mentally
ill - } { + a + } person { + with a chronic mental illness + }
and is responsible for assuring the continuity of the various
services called for in the discharge plan of the
Enrolled Senate Bill 83 (SB 83-A) Page 172
{ - chronically mentally ill - } person { + with a chronic
mental illness + } including services for basic personal
maintenance, mental and personal treatment, and appropriate
education and employment.
{ - (2) 'Chronically mentally ill' means an individual who
is: - }
{ - (a) Eighteen years of age or older; and - }
{ - (b) Diagnosed by a psychiatrist, a licensed clinical
psychologist or a nonmedical examiner certified by the Department
of Human Services as suffering from chronic schizophrenia, a
chronic major affective disorder, a chronic paranoid disorder or
another chronic psychotic mental disorder other than those caused
by substance abuse. For purposes of providing services in the
community, the department may adopt rules consistent with this
section and accepted professional practices in the fields of
psychology and psychiatry more specifically to specify other
criteria for determining who is chronically mentally ill. - }
{ - (3) - } { + (b) + } 'Discharge plan' means a written
plan prepared jointly with the { - chronically mentally ill - }
person { + with a chronic mental illness + }, mental health
staff and case manager prior to discharge, prescribing for the
basic and special needs of the person upon release from the
hospital.
{ + (c) 'Person with a chronic mental illness' means an
individual who is:
(A) Eighteen years of age or older; and
(B) Diagnosed by a psychiatrist, a licensed clinical
psychologist or a nonmedical examiner certified by the Department
of Human Services as having chronic schizophrenia, a chronic
major affective disorder, a chronic paranoid disorder or another
chronic psychotic mental disorder other than those caused by
substance abuse.
(2) For purposes of providing services in the community, the
department may adopt rules consistent with accepted professional
practices in the fields of psychology and psychiatry to specify
other criteria for determining who is a person with a chronic
mental illness. + }
SECTION 209. ORS 426.500 is amended to read:
426.500. For the purpose of carrying out the policy and intent
of ORS 426.490 to 426.500, the Department of Human Services
shall:
(1) Adopt rules for the administration of ORS 426.490 to
426.500;
(2) Prepare a written discharge plan for each { - chronically
mentally ill - } person { + with a chronic mental illness + }
who is a patient at a state mental institution or who is
committed to the department pursuant to ORS 426.005 to 426.223
and 426.241 to 426.380;
(3) Ensure that case managers are provided for each
{ - chronically mentally ill - } person { + with a chronic
mental illness + } described in subsection (2) of this section;
and
(4) Disburse from any available funds:
(a) Funds for one LINC model in the area served by F. H.
Dammasch State Hospital and one LINC model in the area served by
the Oregon State Hospital licensed under ORS 443.415;
(b) Discretionary funds for services necessary to implement a
discharge plan, including but not limited to transportation,
medication, recreation and socialization; and
Enrolled Senate Bill 83 (SB 83-A) Page 173
(c) Funds to provide day treatment services, community
psychiatric inpatient services, and work activity services for
{ - chronically mentally ill - } persons { + with chronic
mental illness + }
{ - where - } { + when + } needed.
SECTION 210. ORS 426.502 is amended to read:
426.502. As used in ORS 426.502 to 426.508:
{ - (1) 'Chronically mentally ill' has the meaning given that
term in ORS 426.495. - }
{ - (2) - } { + (1) + } 'Community housing' means property
and related equipment that are used or could be used to house
{ - chronically mentally ill - } persons { + with chronic
mental illness + } and their care providers. 'Community housing'
includes single-family housing and multiple-unit residential
housing.
{ - (3) - } { + (2) + } 'Construct' means to build,
install, assemble, expand, alter, convert, replace or relocate.
'Construct ' includes to install equipment and to prepare a site.
{ - (4) - } { + (3) + } 'Department' means the Department
of Human Services.
{ - (5) - } { + (4) + } 'Equipment' means furnishings,
fixtures or appliances that are used or could be used to provide
care in community housing.
{ - (6) - } { + (5) + } 'Multiple-unit residential housing'
means housing that provides two or more living units and spaces
for common use by the occupants in social and recreational
activities. ' Multiple-unit residential housing' may include
nonhousing facilities incidental or appurtenant to the housing
that, in the determination of the department, improve the quality
of the housing.
{ + (6) 'Person with a chronic mental illness' has the
meaning given that term in ORS 426.495. + }
(7) 'Single-family housing' means a detached living unit with
common living room and dining facilities for at least three
occupants with chronic mental illness. 'Single-family housing '
may include nonhousing facilities incidental or appurtenant to
the housing that, in the determination of the department, improve
the quality of the housing.
SECTION 211. ORS 426.504 is amended to read:
426.504. (1) The Department of Human Services may, through
contract or otherwise, acquire, purchase, receive, hold,
exchange, demolish, construct, lease, maintain, repair, replace,
improve and equip community housing for the purpose of housing
{ - chronically mentally ill - } persons { + with chronic
mental illness + }.
(2) The department may dispose of community housing acquired
under subsection (1) of this section in a public or private sale,
upon such terms and conditions as the department considers
advisable to increase the quality and quantity of community
housing available for { - chronically mentally ill - }
persons { + with chronic mental illness + }. Except as provided
in subsection (3) of this section, in any instrument conveying
fee title to community housing, the department shall include
language that restricts the use of the community housing to
housing for { - chronically mentally ill - } persons { + with
chronic mental illness + }. Such restriction is not a violation
of ORS 93.270.
(3) If the department determines that community housing
acquired under subsection (1) of this section is no longer
suitable for use as community housing, the department may sell or
Enrolled Senate Bill 83 (SB 83-A) Page 174
otherwise dispose of the community housing without including in
any instrument conveying fee title to the community housing any
language that restricts the use of the community housing.
Proceeds from the sale or disposition of community housing under
this subsection are considered proceeds described in ORS 426.506
(4)(c).
(4) When exercising the authority granted to the department
under this section, the department is not subject to ORS chapter
273 or ORS 270.100 to 270.190, 276.900 to 276.915 or 279A.250 to
279A.290.
SECTION 212. ORS 426.506 is amended to read:
426.506. (1) There is created in the State Treasury, separate
and distinct from the General Fund, the Community Mental Health
Housing Fund. All earnings on investments of moneys in the
Community Mental Health Housing Fund shall accrue to the fund.
Interest earned on moneys in the fund shall be credited to the
fund. All moneys in the fund are continuously appropriated to the
Department of Human Services to carry out the provisions of ORS
426.504.
(2) The Community Mental Health Housing Fund shall be
administered by the department to provide housing for
{ - chronically mentally ill - } persons { + with chronic
mental illness + }. As used in this subsection, 'housing' may
include acquisition, maintenance, repair, furnishings and
equipment.
(3)(a) There is established within the Community Mental Health
Housing Fund a Community Housing Trust Account. Notwithstanding
the provisions of ORS 270.150, the department shall deposit into
the account the proceeds, less costs to the state, received by
the department from the sale of F. H. Dammasch State Hospital
property under ORS 426.508. The department may expend, for the
purposes set forth in ORS 426.504, any earnings credited to the
account, including any interest earned on moneys deposited in the
account, and up to five percent of the sale proceeds initially
credited to the account by the Oregon Department of
Administrative Services. At least 95 percent of the sale proceeds
shall remain in the account in perpetuity. Proceeds deposited in
the account may not be commingled with proceeds from the sale of
any surplus real property owned, operated or controlled by the
Department of Human Services and used as a state training center.
(b) Interest earned on moneys in the Community Housing Trust
Account may be expended in the following manner:
(A) Seventy percent of interest earned on deposits in the
account shall be expended for community housing purposes; and
(B) Thirty percent of interest earned on deposits in the
account shall be expended for institutional housing purposes.
(c) Interest earned on deposits in the account shall not be
used to support operating expenses of the department.
(4) The Community Mental Health Housing Fund shall consist of:
(a) Moneys appropriated to the fund by the Legislative
Assembly;
(b) Sale proceeds and earnings from the account under
subsection (3) of this section;
(c) Proceeds from the sale, transfer or lease of any surplus
real property owned, operated or controlled by the department and
used as community housing;
(d) Moneys reallocated from other areas of the department's
budget;
(e) Interest and earnings credited to the fund; and
Enrolled Senate Bill 83 (SB 83-A) Page 175
(f) Gifts of money or other property from any source, to be
used for the purposes of developing housing for { - chronically
mentally ill - } persons { + with chronic mental illness + }.
(5) The department shall adopt policies:
(a) To establish priorities for the use of moneys in the
Community Mental Health Housing Fund for the sole purpose of
developing housing for { - chronically mentally ill - }
persons { + with chronic mental illness + };
(b) To match public and private moneys available from other
sources for developing housing for { - chronically mentally
ill - } persons { + with chronic mental illness + }; and
(c) To administer the fund in a manner that will not exceed the
State Treasury's maximum cost per transaction.
(6) The Department of Human Services shall collaborate with the
Housing and Community Services Department to ensure the highest
return and best value for community housing from the Community
Mental Health Housing Fund.
(7) The Department of Human Services shall provide a report of
revenues to and expenditures from the Community Mental Health
Housing Fund as part of its budget submission to the Governor and
Legislative Assembly under ORS chapter 291.
SECTION 213. ORS 426.508 is amended to read:
426.508. (1) Notwithstanding ORS 421.611 to 421.630 or any
actions taken under ORS 421.611 to 421.630, the Department of
Corrections shall transfer the real property known as the F. H.
Dammasch State Hospital and all improvements to the Oregon
Department of Administrative Services to be sold for the benefit
of the Department of Human Services.
(2)(a) Notwithstanding ORS 270.100 to 270.190, and except as
provided in subsection (4) of this section, the Oregon Department
of Administrative Services shall sell or otherwise convey the
real property known as the F. H. Dammasch State Hospital in a
manner consistent with the provisions of this section. Conveyance
shall not include transfer to a state agency. The sale price of
the real property shall equal or exceed the fair market value of
the real property. The Oregon Department of Administrative
Services shall engage the services of a licensed real estate
broker or principal real estate broker to facilitate the sale of
the real property.
(b) The Oregon Department of Administrative Services shall
retain from the sale or other conveyance of the real property
those costs incurred by the state in selling or conveying the
real property, including costs incurred by the Department of
Corrections in transferring the real property to the Oregon
Department of Administrative Services. The remaining proceeds
from the sale or other conveyance shall be transferred to the
Community Housing Trust Account created under ORS 426.506 (3).
(3) Redevelopment of the real property formerly occupied by the
F. H. Dammasch State Hospital shall be consistent with the
Dammasch Area Transportation Efficient Land Use Plan developed by
Clackamas County, the City of Wilsonville, the Oregon Department
of Administrative Services, the Department of Land Conservation
and Development, the Department of Transportation, the State
Housing Council, the Department of Human Services and the
Department of State Lands.
(4) The Oregon Department of Administrative Services shall
reserve from the sale of the real property under subsection (2)
of this section not more than 10 acres. The real property
reserved from sale shall be transferred to the Department of
Human Services for use by the Department of Human Services to
Enrolled Senate Bill 83 (SB 83-A) Page 176
develop community housing for { - chronically mentally ill - }
persons { + with chronic mental illness + }. The Oregon
Department of Administrative Services and the Department of Human
Services shall jointly coordinate with the City of Wilsonville to
identify the real property reserved from sale under this
subsection.
SECTION 214. ORS 426.650 is amended to read:
426.650. (1) Pursuant to rules promulgated by the Department of
Human Services, the superintendent of any state hospital for the
treatment and care of { - the mentally ill - } { + persons
with mental illness + } may admit and hospitalize therein as a
patient any person in need of medical or mental therapeutic
treatment as a sexually dangerous person who voluntarily has made
written application for such admission. No person under the age
of 18 years shall be admitted as a patient to any such state
hospital unless an application therefor in behalf of the person
has been executed by the parent, adult next of kin or legal
guardian of the person. Pursuant to rules and regulations of the
department, no person voluntarily admitted to any state hospital
shall be detained therein more than 72 hours after the person, if
at least 18 years of age, has given notice in writing of desire
to be discharged therefrom, or, if the patient is under the age
of 18 years, after notice in writing has been given by the
parent, adult next of kin or legal guardian of the person that
such parent, adult next of kin or legal guardian desires that
such person be discharged therefrom.
(2) Any person voluntarily admitted to a state facility
pursuant to this section may upon application and notice to the
superintendent of the institution concerned, be granted a
temporary leave of absence from the institution if such leave, in
the opinion of the chief medical officer, will not interfere with
the successful treatment or examination of the applicant.
SECTION 215. ORS 427.005 is amended to read:
427.005. As used in this chapter:
(1) 'Adaptive behavior' means the effectiveness or degree with
which an individual meets the standards of personal independence
and social responsibility expected for age and cultural group.
(2) 'Care' means { + :
(a) + } Supportive services, including, but not limited to,
provision of room and board;
{ + (b) + } Supervision;
{ + (c) + } Protection; and
{ + (d) + } Assistance in bathing, dressing, grooming,
eating, management of money, transportation or recreation.
(3) 'Department' means the Department of Human Services.
(4) 'Developmental period' means the period of time between
birth and the 18th birthday.
(5) 'Director of the facility' means the superintendent of a
state training center, or the person in charge of care, treatment
and training programs at other facilities.
(6) 'Facility' means a state training center, community
hospital, group home, activity center, intermediate care
facility, community mental health clinic, or such other facility
or program as the department approves to provide necessary
services to
{ - mentally retarded - } persons { + with mental
retardation + }.
(7) 'Incapacitated' means a person is unable, without
assistance, to properly manage or take care of personal affairs
or is incapable, without assistance, of self-care.
Enrolled Senate Bill 83 (SB 83-A) Page 177
(8) 'Independence' means the extent to which persons with
mental retardation or developmental disabilities exert control
and choice over their own lives.
(9) 'Integration' means { + :
(a) + } Use by persons with mental retardation or developmental
disabilities of the same community resources that are used by and
available to other persons { + ; + } { - and - }
{ + (b) + } Participation { + by persons with mental
retardation or developmental disabilities + } in the same
community activities in which { - nondisabled - } persons
{ + without disabilities + } participate, together with regular
contact with { - nondisabled - } persons { + without
disabilities + } { - , - } { + ; + } and
{ + (c) + } Residence by persons with developmental
disabilities in homes or in home-like settings { - which - }
{ + that + } are in proximity to community resources, together
with regular contact with
{ - nondisabled - } persons { + without disabilities + } in
their community.
(10) 'Intellectual functioning' means functioning as assessed
by one or more of the individually administered general
intelligence tests developed for the purpose.
(11) 'Mental retardation' means significantly subaverage
general intellectual functioning existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period. Persons of borderline intelligence may be
considered { - mentally retarded - } { + to have mental
retardation + } if there is also serious impairment of adaptive
behavior. Definitions and classifications shall be consistent
with the 'Manual on Terminology and Classification in Mental
Retardation' of the American Association on Mental Deficiency,
1977 Revision. Mental retardation is synonymous with mental
deficiency.
(12) 'Minor' means an unmarried person under 18 years of age.
(13) 'Physician' means a person licensed by the Board of
Medical Examiners for the State of Oregon to practice medicine
and surgery.
(14) 'Productivity' means engagement in income-producing work
by a person with mental retardation or { + a + } developmental
{ - disabilities - } { + disability + } which is measured
through improvements in income level, employment status or job
advancement or engagement by a person with mental retardation or
{ + a + } developmental
{ - disabilities - } { + disability + } in work contributing
to a household or community.
(15) 'Resident' means a person admitted to a state training
center either voluntarily or after commitment to the department.
(16) 'Significantly subaverage' means a score on a test of
intellectual functioning that is two or more standard deviations
below the mean for the test.
(17) 'State training center' means Eastern Oregon Training
Center and any other facility operated by the department for the
care, treatment and training of { - the mentally retarded - }
{ + persons with mental retardation + }.
(18) 'Training' means { - the - } { + :
(a) + } { + The + } systematic, planned maintenance,
development or enhancement of self-care, social or independent
living skills; or
{ + (b) + } The planned sequence of systematic interactions,
activities, structured learning situations or education designed
Enrolled Senate Bill 83 (SB 83-A) Page 178
to meet each resident's specified needs in the areas of physical,
emotional, intellectual and social growth.
(19) 'Treatment' means the provision of specific physical,
mental, social interventions and therapies which halt, control or
reverse processes that cause, aggravate or complicate
malfunctions or dysfunctions.
SECTION 216. ORS 427.007 is amended to read:
427.007. (1) The Legislative Assembly finds and declares that a
significant number of persons with mental retardation or other
developmental disabilities currently reside in state-operated
hospitals and training centers or lack needed services simply
because appropriate community-based services, including
residential facilities, day programs, home care and other
support, care and training programs, do not exist. The
Legislative Assembly further finds that families are the major
providers of support, care, training and other services to their
members with mental retardation or other developmental
disabilities who live at home, and many of these families
experience exceptionally high financial outlays and extraordinary
physical and emotional challenges due to the unavailability of
appropriate family support services. Such services pertain to the
needs of the person with { - disabilities - } { + a
disability + }, the needs of other family members related to
their care-giving and nurturing capacity, and specialized needs
for environmental accommodation to reduce dependency of the
family member with mental retardation or { - other - }
{ + another + } developmental
{ - disabilities - } { + disability + }. Therefore, the
Department of Human Services is directed to facilitate the
development of appropriate community-based services, including
family support, residential facilities, day programs, home care
and other necessary support, care and training programs, in an
orderly and systematic manner. The role of state-operated
hospitals and training centers in Oregon shall be as specialized
back-up facilities to a primary system of community-based
services for persons with mental retardation or other
developmental disabilities.
(2) In carrying out the directive in subsection (1) of this
section, the department shall develop a biennial plan in
conjunction with the budgeting process for review by each
Legislative Assembly. In developing this plan, the department
shall meet with and consider the input of representatives from
the following constituencies: Consumer organizations,
parent-family organizations, advocacy organizations, unions
representing workers in state-operated hospitals and training
centers, community provider organizations, state and local
education officials and community mental health departments or
programs. Such plans shall include, where appropriate:
(a) Proposals for the decrease in the number of persons with
mental retardation or other developmental disabilities to be
served in state-operated hospitals and training centers at a
steady and planned rate until such time that the Legislative
Assembly shall determine that each person served in programs or
facilities operated or supported by the department is being
served according to the best contemporary professional practices
in the least restrictive environment, with preference given to
the community-based setting over the institutional. However, no
person shall be moved from any facility until a comprehensive
assessment of the person's medical, treatment, training and
support service needs has been completed, the move determined to
Enrolled Senate Bill 83 (SB 83-A) Page 179
be in the person's best interest and appropriate service
alternatives procured.
(b) Proposals for the orderly development of community-based
services, including family support, residential facilities, day
programs, home care and other necessary support, care and
training programs, to accommodate persons coming out of
state-operated hospitals and training centers and to serve
persons already in the community waiting for services. The
proposals shall include services developed for persons in the
community waiting for services that are at least equal in number
to those services developed for those coming out of
state-operated hospitals and training centers, and shall include
services for all persons who are leaving the public education
system, in order to further prevent unnecessary
institutionalization of persons with mental retardation or other
developmental disabilities. Funding for these services shall be
commensurate with individual need. These proposals may include
provisions for an array of both publicly and privately operated
services and shall include specific implementation plans
requiring that new services developed are designed to
significantly increase the independence, productivity and
integration into the community of persons with mental retardation
{ - and - } { + or + } developmental disabilities.
(c) Proposals for the location of community-based services for
persons with mental retardation or other developmental
disabilities in proximity to family, friends, supportive services
and home communities whenever possible.
(3) In further carrying out the directive in subsection (1) of
this section, the department shall develop monitoring and
evaluation systems which { - insure - } { + ensure + }
competent management, program quality and cost-effectiveness of
community-based services. Such systems shall include, where
appropriate:
(a) A comprehensive system of case management which assures an
orderly movement of persons with mental retardation or other
developmental disabilities from state-operated hospitals and
training centers to community-based services, and between
community-based service alternatives, and assures an effective
system of service delivery to persons with mental retardation or
other developmental disabilities living in the community, based
on individualized planning and close cooperation with consumers,
families and guardians.
(b) An annual progress assessment of every person with mental
retardation or { - other - } { + another + } developmental
{ - disabilities - } { + disability + } served in programs or
facilities operated or supported by the department. This
assessment shall measure the degree to which a family with a
member with mental retardation or { - other - }
{ + another + } developmental { - disabilities - }
{ + disability + } demonstrates enhanced care-giving and
nurturing capacities, and the degree to which the independence,
productivity and integration into the community of each person
with mental retardation or { - other - } { + another + }
developmental { - disabilities - } { + disability + } has
been increased as a result of receiving such services. The
overall results of these assessments shall annually be aggregated
and analyzed for each program or facility operated or supported
by the department, and shall be made available for public
inspection and review by the Legislative Assembly.
Enrolled Senate Bill 83 (SB 83-A) Page 180
(c) The development of specific standards for each component
within the array of services, for persons with mental retardation
or other developmental disabilities, either operated or supported
by the department and assure the competent management, program
quality and cost-effectiveness of such services.
(4) Subject to available funds, the department shall
{ - insure - } { + ensure + } that each family with a member
with mental retardation or
{ - other - } { + another + } developmental
{ - disabilities - } { + disability + } has access to family
support services, and that each person with mental retardation or
{ + a + } developmental { - disabilities - }
{ + disability + } living in the community, including those
leaving the public education system, has access to
community-based services necessary to enable the person to strive
to achieve independence, productivity and integration. Specific
services proposed for the person shall be identified in an
individual habilitation plan or in a family support service plan.
(5) Subject to available funds, the department shall determine
the content of individual habilitation plans and family support
service plans, and the process whereby such plans are developed
and updated.
(6) The department shall establish grievance procedures for
mediation of disputes concerning eligibility for or
appropriateness of services in individual cases.
SECTION 217. ORS 427.010 is amended to read:
427.010. (1) Except as otherwise ordered by the Department of
Human Services pursuant to ORS 179.325, the Eastern Oregon
Training Center in Pendleton, Umatilla County, shall be used for
the care, treatment and training of { - such mentally
retarded - } persons { - as - } { + with mental retardation
who + } are assigned to the care of the institution by the
department according to procedures defined in ORS 427.185 or who
were residents on October 3, 1979.
(2) Upon receipt of an application approved by the department
or its designee, pursuant to its rules, a { - mentally
retarded - } person { + with mental retardation + } may be
entitled to admission to the state training center for emergency,
respite or part-time care. Part-time care means presence of the
person at the facility less than 24 hours per day and may include
day or night care. Admission for emergency care or respite care
{ - shall in no case - } { + may not + } exceed 90 days.
Admission for part-time care may exceed 90 days. The fee
schedule for such care, training and treatment in the training
center shall be established by the department in the same manner
as for other residents. The fees shall be charged and collected
by the department in the same manner as charges are collected
under ORS 179.610 to 179.770.
(3) The superintendent of the training center named in
subsection (1) of this section shall be a person the department
considers qualified to administer the training center. If the
superintendent of the training center is a physician licensed by
the Board of Medical Examiners for the State of Oregon, the
superintendent shall serve as chief medical officer. If not a
physician, the superintendent shall appoint a physician to serve
as chief medical officer who shall be in the unclassified
service.
SECTION 218. ORS 427.041 is amended to read:
427.041. The superintendent of a state training center
{ - for the care, treatment and training of the mentally
Enrolled Senate Bill 83 (SB 83-A) Page 181
retarded - } may grant a temporary leave of absence to any
resident of the state training center pursuant to the rules of
the Department of Human Services. The state training center, the
superintendent and the chief medical officer thereof, and the
Director of Human Services shall not be liable for a resident's
expenses while on temporary leave of absence nor shall they be
liable for any damages whatsoever that are sustained by a person
on account of the actions or misconduct of a resident while on
leave of absence.
SECTION 219. ORS 427.051 is amended to read:
427.051. { - No - } { + A + } person admitted to a state
training center
{ - for the treatment and training of the mentally retarded
shall - } { + may not + } be considered by virtue of the
admission to be incompetent.
SECTION 220. ORS 427.205 is amended to read:
427.205. (1) The Director of Human Services shall appoint a
State Training Center Review Board composed of three members. The
Oregon Association for Retarded Citizens, the Fairview Parents
Association and the Oregon Developmental Disabilities Council or
their successor organizations may each recommend three persons to
the director. The director may select one person from each list
to serve as a member of the board. Each board member shall have
had at least five years of involvement and active interest in
programs for { - mentally retarded - } persons { + with
mental retardation + }. { - None shall - } { + A board member
may not + } be an employee of the Department of Human Services.
(2) The term of office of each member is two years. The
director may remove any member for misconduct or neglect of duty.
Replacement of board members shall be accomplished by the same
procedure as that used in subsection (1) of this section for
selection. The director shall request a new list of three persons
from the organization whose nominee for board member is to be
replaced.
(3) A member of the board not otherwise employed full-time by
the state shall be paid on a per diem basis an amount equal to
four percent of the gross monthly salary of a member of the State
Board of Parole and Post-Prison Supervision for each day during
which the member is engaged in the performance of official
duties, including necessary travel time. In addition, subject to
ORS 292.220 to 292.250 regulating travel and other expenses of
state officers and employees, the member shall be reimbursed for
actual and necessary travel and other expenses incurred by the
member in the performance of official duties.
(4) The board shall perform the following duties:
(a) Review decisions of the Developmental Disability Diagnosis
and Evaluation Service regarding admissions to training centers
that have been appealed by the applicant or, if a minor or
incapacitated person, by the person applying on the behalf of the
minor or incapacitated person and advise the director regarding
the appropriateness for the admission.
(b) Review decisions of the department pursuant to ORS 427.300
(2) when the resident, parent of the resident, guardian or person
entitled to custody has appealed the decision and advised the
director regarding the appropriateness of the decision.
(c) Annually review state training center plans for continuing
residential care and training of residents pursuant to ORS
427.020.
(5) The board shall operate pursuant to rules
{ - promulgated - } { + adopted + } by the department.
Enrolled Senate Bill 83 (SB 83-A) Page 182
SECTION 221. ORS 427.330 is amended to read:
427.330. As used in ORS 427.330 to 427.345:
(1) 'Care provider' means an individual, family member or
entity that provides care.
(2)(a) 'Community housing' includes:
(A) Real property, including but not limited to buildings,
structures, improvements to real property and related equipment,
that is used or could be used to house and provide care for
individuals with mental retardation or other developmental
{ - disability - } { + disabilities + }; and
(B) A single-family home or multiple-unit residential housing
that an individual with mental retardation or other developmental
disability shares with other inhabitants, including but not
limited to family members, care providers or friends.
(b) 'Community housing' does not include the Eastern Oregon
Training Center.
(3) 'Construct' means to build, install, assemble, expand,
alter, convert, replace or relocate. 'Construct' includes to
install equipment and to prepare a site.
(4) 'Developmental disability' means a disability attributable
to mental retardation, cerebral palsy, epilepsy or other
neurological handicapping condition or severe physical impairment
that requires training similar to that required by
{ - mentally retarded - } persons { + with mental
retardation + }, and the disability:
(a) Originates before the person attains the age of 22 years;
(b) Has continued or can be expected to continue indefinitely;
and
(c) Constitutes a substantial handicap to the ability of the
person to function in society.
(5) 'Equipment' means furnishings, fixtures, appliances,
special adaptive equipment or supplies that are used or could be
used to provide care in community housing.
(6) 'Family member' means an individual who is related by blood
or marriage to an individual with mental retardation or other
developmental disability.
(7) 'Financial assistance' means a grant or loan to pay
expenses incurred to provide community housing.
(8) 'Housing provider' means an individual or entity that
provides community housing.
SECTION 222. ORS 427.335 is amended to read:
427.335. (1) The Department of Human Services may, through
contract or otherwise, acquire, purchase, receive, hold,
exchange, operate, demolish, construct, lease, maintain, repair,
replace, improve and equip community housing for the purpose of
providing care to individuals with mental retardation or other
developmental
{ - disability - } { + disabilities + }.
(2) The department may dispose of community housing acquired
under subsection (1) of this section in a public or private sale,
upon such terms and conditions as the department considers
advisable to increase the quality and quantity of community
housing for individuals with mental retardation or other
developmental { - disability - } { + disabilities + }. The
department may include in any instrument conveying fee title to
community housing language that restricts the use of the
community housing to provide care for individuals with mental
retardation or other developmental { - disability - } { +
disabilities + }. Such restriction is not a violation of ORS
93.270. Any instrument conveying fee title to community housing
Enrolled Senate Bill 83 (SB 83-A) Page 183
under this subsection shall provide that equipment in the
community housing is a part of and shall remain with the real
property unless such equipment was modified or designed
specifically for an individual's use, in which case such
equipment shall follow the individual.
(3) The department may provide financial assistance to a
housing provider or a care provider that wishes to provide
community housing for individuals with mental retardation or
other developmental { - disability - } { + disabilities + }
under rules promulgated by the department.
(4) The department may transfer its ownership of equipment to
care providers.
(5) When exercising the authority granted to the department
under this section, the department is not subject to ORS 276.900
to 276.915 or 279A.250 to 279A.290 or ORS chapters 270 and 273.
SECTION 223. ORS 428.205 is amended to read:
428.205. It is declared to be the policy and intent of the
Legislative Assembly that whenever a person physically present in
the State of Oregon is in need of institutionalization by reason
of mental illness or mental { - deficiency - } { +
retardation + }, the person shall be eligible for care and
treatment in an institution of the State of Oregon irrespective
of the residence of the person, settlement or citizenship
qualifications.
SECTION 224. ORS 428.270 is amended to read:
428.270. (1) Any person, except an officer, agent or employee
of a common carrier acting in the line of duty, who brings or in
any way aids in bringing into this state any patient without the
written authorization of the Department of Human Services, shall
be liable to this state for all expenses incurred in the care of
such patient and in the transportation of such patient to the
other state where the patient legally resides.
(2) Hospitals and sanitariums, other than state hospitals,
{ - which - } { + that + } care for and treat { - mentally
ill and mentally deficient - } persons { + with mental illness
or mental retardation + } shall be responsible for the return of
{ - mentally ill or mentally deficient - } { + those + }
persons to their places of residence or domicile outside the
state if they are brought into this state for treatment and care
and are discharged from such institutions without being fully
recovered.
(3) Failure to comply with the provisions of subsection (2) of
this section shall render the person operating the hospital or
sanitarium liable to reimburse the state for all expenses
incurred in the care, maintenance and return of the
{ - mentally ill or mentally deficient - } persons { + with
mental illness or mental retardation + } to their places of
residence or domicile outside the state.
SECTION 225. ORS 430.010 is amended to read:
430.010. As used in ORS 430.010 to 430.050, 430.140 to 430.170,
430.265, 430.270 and 430.610 to 430.695:
(1) 'Department' means the Department of Human Services.
(2) 'Health facility' means a facility licensed as required by
ORS 441.015 or a facility accredited by the Joint Commission on
Accreditation of Hospitals, either of which provides full-day or
part-day acute treatment for alcoholism, drug addiction or mental
or emotional disturbance, and is licensed to admit persons
requiring 24-hour nursing care.
(3) 'Residential facility' or 'day or partial hospitalization
program' means a program or facility providing an organized
Enrolled Senate Bill 83 (SB 83-A) Page 184
full-day or part-day program of treatment. Such a program or
facility shall be licensed, approved, established, maintained,
contracted with or operated by the department under:
(a) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
(b) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
(c) ORS 430.610 to 430.880 for mental or emotional
{ - disturbance - } { + disturbances + }.
(4) 'Outpatient service' means:
(a) A program or service providing treatment by appointment and
by medical or osteopathic physicians licensed by the Board of
Medical Examiners for the State of Oregon under ORS 677.010 to
677.450; psychologists licensed by the State Board of
Psychologist Examiners under ORS 675.010 to 675.150; nurse
practitioners registered by the Oregon State Board of Nursing
under ORS 678.010 to 678.410; or clinical social workers licensed
by the State Board of Clinical Social Workers under ORS 675.510
to 675.600; or
(b) A program or service providing treatment by appointment
that is licensed, approved, established, maintained, contracted
with or operated by the department under:
(A) ORS 430.265 to 430.380 and 430.610 to 430.880 for
alcoholism;
(B) ORS 430.265 to 430.380, 430.405 to 430.565 and 430.610 to
430.880 for drug addiction; or
(C) ORS 430.610 to 430.880 for mental or emotional
{ - disturbance - } { + disturbances + }.
SECTION 226. ORS 430.021 is amended to read:
430.021. Subject to ORS 417.300 and 417.305:
(1) The Department of Human Services shall { + :
(a) + } Direct, promote, correlate and coordinate all the
activities, duties and direct services for { - the mentally or
emotionally disturbed, mentally retarded and developmentally
disabled, alcoholic and drug-dependent persons - } { + persons
with mental or emotional disturbances, mental retardation,
developmental disabilities, alcoholism or drug dependence + };
and
{ + (b) + } Promote, correlate and coordinate the mental
health and developmental disabilities activities of all
governmental organizations throughout the state in which there is
any direct contact with mental health and developmental
disabilities programs.
(2) The department shall develop cooperative programs with
interested private groups throughout the state to effect better
community awareness and action in the field of mental health and
developmental disabilities, and encourage and assist in all
necessary ways community general hospitals to establish
psychiatric services.
(3) To the greatest extent possible, the least costly settings
for treatment, outpatient services and residential facilities
shall be widely available and utilized except when
contraindicated because of individual health care needs. State
agencies that purchase treatment for mental or emotional
disturbances shall develop criteria consistent with this policy.
In reviewing applications for certificates of need, the Director
of Human Services shall take this policy into account.
(4) The department shall establish, coordinate, assist and
direct a community mental health and developmental disabilities
program in cooperation with local government units and integrate
Enrolled Senate Bill 83 (SB 83-A) Page 185
such a program with the total state mental and developmental
disabilities health program.
(5) The department shall promote public education in the state
concerning mental health and developmental disabilities and act
as the liaison center for work with all interested public and
private groups and agencies in the field of mental health and
developmental disabilities services.
(6) The department shall accept the custody of persons
committed to its care by the courts of this state.
SECTION 227. ORS 430.050 is amended to read:
430.050. (1) The Director of Human Services, with the approval
of the Governor, shall appoint at least 15 but not more than 20
members of a Mental Health Advisory Board, composed of both lay
and professionally trained individuals, qualified by training or
experience to study the problems of mental health and make
recommendations for the development of policies and procedures
with respect to the state mental health programs. The membership
shall provide balanced representation of program areas and shall
include persons who represent the interests of children. At
least four members of the board shall be { - disabled - }
persons { + with disabilities + } who shall serve as the
Disability Issues Advisory Committee which is hereby established.
The members of the board shall serve for terms of four years and
are entitled to compensation and expenses as provided in ORS
292.495. The director may remove any member of the board for
misconduct, incapacity or neglect of duty.
(2) The Department of Human Services shall adopt rules
specifying the duties of the board. In addition to those duties
assigned by rule, the board shall assist the department in
planning and preparation of administrative rules for the
assumption of responsibility for psychiatric care in state and
community hospitals by community mental health and developmental
disabilities programs, in accordance with ORS 430.630 (3)(e).
(3) The board shall meet at least once each quarter.
(4) The director may make provision for technical and clerical
assistance to the Mental Health Advisory Board and for the
expenses of such assistance.
(5) The Disability Issues Advisory Committee shall meet at
least once annually to make recommendations to the Mental Health
Advisory Board.
(6) As used in this section, ' { - disabled - } person
{ + with a disability + } ' means any person who:
(a) Has a physical or mental impairment which substantially
limits one or more major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment.
SECTION 228. ORS 430.610 is amended to read:
430.610. It is declared to be the policy and intent of the
Legislative Assembly that:
(1) Subject to the availability of funds, mental health
services should be available to all { - mentally or emotionally
disturbed, mentally retarded and developmentally disabled,
alcohol abuser, alcoholic, drug abuser and drug-dependent - }
persons { + with mental or emotional disturbances, mental
retardation, developmental disabilities, alcoholism or drug
dependence, and persons who are alcohol or drug abusers,
+ }regardless of age, county of residence or ability to pay;
(2) The Department of Human Services and other state agencies
shall conduct their activities in the least costly and most
efficient manner so that delivery of services to { - the
Enrolled Senate Bill 83 (SB 83-A) Page 186
mentally or emotionally disturbed, mentally retarded and
developmentally disabled, alcohol abuser, alcoholic, drug abuser
and drug-dependent - } persons { + with mental or emotional
disturbances, mental retardation, developmental disabilities,
alcoholism or drug dependence, and persons who are alcohol or
drug abusers, + }shall be effective and coordinated;
(3) To the greatest extent possible, mental health services
shall be delivered in the community where the person lives in
order to achieve maximum coordination of services and minimum
disruption in the life of the person; and
(4) The State of Oregon shall encourage, aid and financially
assist its county governments in the establishment and
development of community mental health and developmental
disabilities programs, including but not limited to, treatment
and rehabilitation services for { - the mentally or emotionally
disturbed, mentally retarded and developmentally disabled,
alcohol abuser, alcoholic, drug abuser and drug-dependent
persons - } { + persons with mental or emotional disturbances,
mental retardation, developmental disabilities, alcoholism or
drug dependence, and persons who are alcohol or drug abusers, + }
and prevention of these problems through county administered
community mental health and developmental disabilities programs.
SECTION 229. ORS 430.625 is amended to read:
430.625. (1) If any local mental health program has an advisory
committee, { - disabled - } persons { + with
disabilities + }, as defined in ORS 430.050 (6), and older adults
shall be appointed to serve on the advisory committee.
(2) The { - disabled - } persons { + with disabilities + }
described in subsection (1) of this section shall meet separately
as a disability issues advisory committee.
SECTION 230. ORS 430.630 is amended to read:
430.630. (1) In addition to any other requirements that may be
established by rule by the Department of Human Services and
subject to the availability of funds, each community mental
health and developmental disabilities program shall provide the
following basic services to persons with mental retardation
{ - and - } { + , + } developmental disabilities { - and
alcohol abuse - } , alcoholism { - , drug abuse and - }
{ + or + } drug dependence { + , and persons who are alcohol or
drug abusers + }:
(a) Outpatient services;
(b) Aftercare for persons released from hospitals and training
centers;
(c) Training, case and program consultation and education for
community agencies, related professions and the public;
(d) Guidance and assistance to other human service agencies for
joint development of prevention programs and activities to reduce
factors causing mental retardation { + , + } { - and - }
developmental disabilities { + , + } { - and - } alcohol
abuse, alcoholism, drug abuse and drug dependence; and
(e) Age-appropriate treatment options for older adults.
(2) As alternatives to state hospitalization, it is the
responsibility of the community mental health and developmental
disabilities program to ensure that, subject to the availability
of funds, the following services for { - the mentally retarded
and developmentally disabled, alcohol abuser, alcoholic, drug
abuser and drug-dependent - } persons { + with mental
retardation, developmental disabilities, alcoholism or drug
dependence, and persons who are alcohol or drug abusers, + } are
Enrolled Senate Bill 83 (SB 83-A) Page 187
available when needed and approved by the Department of Human
Services:
(a) Emergency services on a 24-hour basis, such as telephone
consultation, crisis intervention and prehospital screening
examination;
(b) Care and treatment for a portion of the day or night, which
may include day treatment centers, work activity centers and
preschool programs;
(c) Residential care and treatment in facilities such as
halfway houses, detoxification centers and other community living
facilities;
(d) Continuity of care, such as that provided by service
coordinators, community case development specialists and core
staff of federally assisted community mental health centers;
(e) Inpatient treatment in community hospitals; and
(f) Other alternative services to state hospitalization as
defined by the department.
(3) In addition to any other requirements that may be
established by rule of the department, each community mental
health and developmental disabilities program, subject to the
availability of funds, shall provide or ensure the provision of
the following services to persons with mental or emotional
disturbances:
(a) Screening and evaluation to determine the client's service
needs;
(b) Crisis stabilization to meet the needs of persons
{ - suffering - } { + with + } acute mental or emotional
disturbances, including the costs of investigations and
prehearing detention in community hospitals or other facilities
approved by the department for persons involved in involuntary
commitment procedures;
(c) Vocational and social services that are appropriate for the
client's age, designed to improve the client's vocational,
social, educational and recreational functioning;
(d) Continuity of care to link the client to housing and
appropriate and available health and social service needs;
(e) Psychiatric care in state and community hospitals, subject
to the provisions of subsection (4) of this section;
(f) Residential services;
(g) Medication monitoring;
(h) Individual, family and group counseling and therapy;
(i) Public education and information;
(j) Prevention of mental or emotional disturbances and
promotion of mental health;
(k) Consultation with other community agencies;
(L) Preventive mental health services for children and
adolescents, including primary prevention efforts, early
identification and early intervention services. Preventive
services should be patterned after service models that have
demonstrated effectiveness in reducing the incidence of
emotional, behavioral and cognitive disorders in children. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for children at risk of later
development of emotional { - disturbance - }
{ + disturbances + } means programs and activities for children
and their families that promote conditions, opportunities and
experiences that encourage and develop emotional stability,
self-sufficiency and increased personal competence; and
Enrolled Senate Bill 83 (SB 83-A) Page 188
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop; and
(m) Preventive mental health services for older adults,
including primary prevention efforts, early identification and
early intervention services. Preventive services should be
patterned after service models that have demonstrated
effectiveness in reducing the incidence of emotional and
behavioral disorders and suicide attempts in older adults. As
used in this paragraph:
(A) 'Early identification' means detecting emotional
disturbance in its initial developmental stage;
(B) 'Early intervention services' for older adults at risk of
development of emotional { - disturbance - }
{ + disturbances + } means programs and activities for older
adults and their families that promote conditions, opportunities
and experiences that encourage and maintain emotional stability,
self-sufficiency and increased personal competence and that deter
suicide; and
(C) 'Primary prevention efforts' means efforts that prevent
emotional problems from occurring by addressing issues early so
that disturbances do not have an opportunity to develop.
(4) A community mental health and developmental disabilities
program shall assume responsibility for psychiatric care in state
and community hospitals, as provided in subsection (3)(e) of this
section, in the following circumstances:
(a) The person receiving care is a resident of the county
served by the program. For purposes of this paragraph, '
resident' means the resident of a county in which the person
maintains a current mailing address or, if the person does not
maintain a current mailing address within the state, the county
in which the person is found, or the county in which a
court { + - + }committed { - mentally ill - } person { + with
a mental illness + } has been conditionally released.
(b) The person has been hospitalized involuntarily or
voluntarily, pursuant to ORS 426.130 or 426.220, except for
persons confined to the Secure Child and Adolescent Treatment
Unit at Oregon State Hospital, or has been hospitalized as the
result of a revocation of conditional release.
(c) Payment is made for the first 60 consecutive days of
hospitalization.
(d) The hospital has collected all available patient payments
and third-party reimbursements.
(e) In the case of a community hospital, the department has
approved the hospital for the care of { - mentally or
emotionally disturbed - } persons { + with mental or emotional
disturbances + }, the community mental health and developmental
disabilities program has a contract with the hospital for the
psychiatric care of residents and a representative of the program
approves voluntary or involuntary admissions to the hospital
prior to admission.
(5) Subject to the review and approval of the department, a
community mental health and developmental disabilities program
may initiate additional services after the services defined in
this section are provided.
(6) Each community mental health and developmental disabilities
program and the state hospital serving the program's geographic
area shall enter into a written agreement concerning the policies
and procedures to be followed by the program and the hospital
Enrolled Senate Bill 83 (SB 83-A) Page 189
when a patient is admitted to, and discharged from, the hospital
and during the period of hospitalization.
(7) Each community mental health and developmental disabilities
program shall have a mental health advisory committee, appointed
by the board of county commissioners or the county court or, if
two or more counties have combined to provide mental health
services, the boards or courts of the participating counties or,
in the case of a Native American reservation, the tribal council.
(8) A community mental health and developmental disabilities
program may request and the department may grant a waiver
regarding provision of one or more of the services described in
subsection (3) of this section upon a showing by the county and a
determination by the department that { - mentally or
emotionally disturbed - } persons { + with mental or emotional
disturbances + } in that county would be better served and
unnecessary institutionalization avoided.
(9) Each community mental health and developmental disabilities
program shall cooperate fully with the Governor's Council on
Alcohol and Drug Abuse Programs in the performance of its duties.
(10)(a) As used in this subsection, 'local mental health
authority' means one of the following entities:
(A) The board of county commissioners of one or more counties
that establishes or operates a community mental health and
developmental disabilities program;
(B) The tribal council, in the case of a federally recognized
tribe of Native Americans that elects to enter into an agreement
to provide mental health services; or
(C) A regional local mental health authority comprised of two
or more boards of county commissioners.
(b) Each local mental health authority that provides mental
health services shall determine the need for local mental health
services and adopt a comprehensive local plan for the delivery of
mental health services for children, families, adults and older
adults that describes the methods by which the local mental
health authority shall provide those services. The local mental
health authority shall review and revise the local plan
biennially. The purpose of the local plan is to create a
blueprint to provide mental health services that are directed by
and responsive to the mental health needs of individuals in the
community served by the local plan.
(c) The local plan shall identify ways to:
(A) Coordinate and ensure accountability for all levels of care
described in paragraph (e) of this subsection;
(B) Maximize resources for consumers and minimize
administrative expenses;
(C) Provide supported employment and other vocational
opportunities for consumers;
(D) Determine the most appropriate service provider among a
range of qualified providers;
(E) Ensure that appropriate mental health referrals are made;
(F) Address local housing needs for persons with mental health
disorders;
(G) Develop a process for discharge from state and local
psychiatric hospitals and transition planning between levels of
care or components of the system of care;
(H) Provide peer support services, including but not limited to
drop-in centers and paid peer support;
(I) Provide transportation supports; and
(J) Coordinate services among the criminal and juvenile justice
systems, adult and juvenile corrections systems and local mental
Enrolled Senate Bill 83 (SB 83-A) Page 190
health programs to ensure that persons with mental illness who
come into contact with the justice and corrections systems
receive needed care and to ensure continuity of services for
adults and juveniles leaving the corrections system.
(d) When developing a local plan, a local mental health
authority shall:
(A) Coordinate with the budgetary cycles of state and local
governments that provide the local mental health authority with
funding for mental health services;
(B) Involve consumers, advocates, families, service providers,
schools and other interested parties in the planning process;
(C) Coordinate with the local public safety coordinating
council to address the services described in paragraph (c)(J) of
this subsection;
(D) Conduct a population based needs assessment to determine
the types of services needed locally;
(E) Determine the ethnic, age-specific, cultural and diversity
needs of the population served by the local plan;
(F) Describe the anticipated outcomes of services and the
actions to be achieved in the local plan;
(G) Ensure that the local plan coordinates planning, funding
and services with:
(i) The educational needs of children, adults and older adults;
(ii) Providers of social supports, including but not limited to
housing, employment, transportation and education; and
(iii) Providers of physical health and medical services;
(H) Describe how funds, other than state resources, may be used
to support and implement the local plan;
(I) Demonstrate ways to integrate local services and
administrative functions in order to support integrated service
delivery in the local plan; and
(J) Involve the local mental health advisory committees
described in subsection (7) of this section.
(e) The local plan must describe how the local mental health
authority will ensure the delivery of and be accountable for
clinically appropriate services in a continuum of care based on
consumer needs. The local plan shall include, but not be limited
to, services providing the following levels of care:
(A) Twenty-four-hour crisis services;
(B) Secure and nonsecure extended psychiatric care;
(C) Secure and nonsecure acute psychiatric care;
(D) Twenty-four-hour supervised structured treatment;
(E) Psychiatric day treatment;
(F) Treatments that maximize client independence;
(G) Family and peer support and self-help services;
(H) Support services;
(I) Prevention and early intervention services;
(J) Transition assistance between levels of care;
(K) Dual diagnosis services;
(L) Access to placement in state-funded psychiatric hospital
beds;
(M) Precommitment and civil commitment in accordance with ORS
chapter 426; and
(N) Outreach to older adults at locations appropriate for
making contact with older adults, including senior centers, long
term care facilities and personal residences.
(f) In developing the part of the local plan referred to in
paragraph (c)(J) of this subsection, the local mental health
authority shall collaborate with the local public safety
coordinating council to address the following:
Enrolled Senate Bill 83 (SB 83-A) Page 191
(A) Training for all law enforcement officers on ways to
recognize and interact with persons with mental illness, for the
purpose of diverting them from the criminal and juvenile justice
systems;
(B) Developing voluntary locked facilities for crisis treatment
and follow-up as an alternative to custodial arrests;
(C) Developing a plan for sharing a daily jail and juvenile
detention center custody roster and the identity of persons of
concern and offering mental health services to those in custody;
(D) Developing a voluntary diversion program to provide an
alternative for persons with mental illness in the criminal and
juvenile justice systems; and
(E) Developing mental health services, including housing, for
persons with mental illness prior to and upon release from
custody.
(g) Services described in the local plan shall:
(A) Address the vision, values and guiding principles described
in the Report to the Governor from the Mental Health Alignment
Workgroup, January 2001;
(B) Be provided to children, older adults and families as close
to their homes as possible;
(C) Be culturally appropriate and competent;
(D) Be, for children, older adults and adults with mental
health needs, from providers appropriate to deliver those
services;
(E) Be delivered in an integrated service delivery system with
integrated service sites or processes, and with the use of
integrated service teams;
(F) Ensure consumer choice among a range of qualified providers
in the community;
(G) Be distributed geographically;
(H) Involve consumers, families, clinicians, children and
schools in treatment as appropriate;
(I) Maximize early identification and early intervention;
(J) Ensure appropriate transition planning between providers
and service delivery systems, with an emphasis on transition
between children and adult mental health services;
(K) Be based on the ability of a client to pay;
(L) Be delivered collaboratively;
(M) Use age-appropriate, research-based quality indicators;
(N) Use best-practice innovations; and
(O) Be delivered using a community-based, multisystem approach.
(h) A local mental health authority shall submit to the
Department of Human Services a copy of the local plan and
biennial revisions adopted under paragraph (b) of this subsection
at time intervals established by the department.
(i) Each local commission on children and families shall
reference the local plan for the delivery of mental health
services in the local coordinated comprehensive plan created
pursuant to ORS 417.775.
SECTION 231. ORS 430.640 is amended to read:
430.640. (1) The Department of Human Services, in carrying out
the legislative policy declared in ORS 430.610, subject to the
availability of funds shall:
(a) Assist Oregon counties and groups of Oregon counties in the
establishment and financing of community mental health and
developmental disabilities programs operated or contracted for by
one or more counties.
(b) If a county declines to operate or contract for a community
mental health and developmental disabilities program, contract
Enrolled Senate Bill 83 (SB 83-A) Page 192
with another public agency or private corporation to provide the
program. The county must be provided with an opportunity to
review and comment.
(c) In an emergency situation when no community mental health
and developmental disabilities program is operating within a
county or when a county is unable to provide a service essential
to public health and safety, operate the program or service on a
temporary basis.
(d) At the request of the tribal council of a federally
recognized tribe of Native Americans, contract with the tribal
council for the establishment and operation of a community mental
health and developmental disabilities program in the same manner
that the department contracts with a county court or board of
county commissioners.
(e) If a county agrees, contract with a public agency or
private corporation for all services within one or more of the
following program areas: Mental or emotional disturbances, drug
abuse, mental retardation or other developmental disabilities and
alcohol abuse and alcoholism.
(f) Approve or disapprove the biennial plan and budget
information for the establishment and operation of each community
mental health and developmental disabilities program. Subsequent
amendments to or modifications of an approved plan or budget
information involving more than 10 percent of the state funds
provided for services under ORS 430.630 may not be placed in
effect without prior approval of the department. However, an
amendment or modification affecting 10 percent or less of state
funds for services under ORS 430.630 within the portion of the
program for persons with mental or emotional disturbances, or
within the portion for persons with mental retardation
{ - and - } { + or + } developmental disabilities or within
the portion for persons with alcohol { - and - } { + or + }
drug dependence may be made without department approval.
(g) Make all necessary and proper rules to govern the
establishment and operation of community mental health and
developmental disabilities programs, including adopting rules
defining the range and nature of the services which shall or may
be provided under ORS 430.630.
(h) Collect data and evaluate services in the state hospitals
in accordance with the same methods prescribed for community
mental health and developmental disabilities programs under ORS
430.665.
(i) Develop guidelines that include, for the development of
comprehensive local plans in consultation with local mental
health authorities:
(A) The use of integrated services;
(B) The outcomes expected from services and programs provided;
(C) Incentives to reduce the use of state hospitals;
(D) Mechanisms for local sharing of risk for state
hospitalization;
(E) The provision of clinically appropriate levels of care
based on an assessment of the mental health needs of consumers;
(F) The transition of consumers between levels of care; and
(G) The development, maintenance and continuation of older
adult mental health programs with mental health professionals
trained in geriatrics.
(j) Work with local mental health authorities to provide
incentives for community-based care whenever appropriate while
simultaneously ensuring adequate statewide capacity.
Enrolled Senate Bill 83 (SB 83-A) Page 193
(k) Provide technical assistance and information regarding
state and federal requirements to local mental health authorities
throughout the local planning process required under ORS 430.630
(10).
(L) Provide incentives for local mental health authorities to
enhance or increase vocational placements for adults with mental
health needs.
(m) Develop or adopt nationally recognized system-level
performance measures, linked to the Oregon Benchmarks, for
state-level monitoring and reporting of mental health services
for children, adults and older adults, including but not limited
to quality and appropriateness of services, outcomes from
services, structure and management of local plans, prevention of
mental health disorders and integration of mental health services
with other needed supports.
(n) Develop standardized criteria for each level of care
described in ORS 430.630 (10), including protocols for
implementation of local plans, strength-based mental health
assessment and case planning.
(o) Develop a comprehensive long-term plan for providing
appropriate and adequate mental health treatment and services to
children, adults and older adults that is derived from the needs
identified in local plans, is consistent with the vision, values
and guiding principles in the Report to the Governor from the
Mental Health Alignment Workgroup, January 2001, and addresses
the need for and the role of state hospitals.
(p) Report biennially to the Governor and the Legislative
Assembly on the progress of the local planning process and the
implementation of the local plans adopted under ORS 430.630
(10)(b) and the state planning process described in paragraph (o)
of this subsection, and on the performance measures and
performance data available under paragraph (m) of this
subsection.
(q) On a periodic basis, not to exceed 10 years, reevaluate the
methodology used to estimate prevalence and demand for mental
health services using the most current nationally recognized
models and data.
(r) Encourage the development of regional local mental health
authorities comprised of two or more boards of county
commissioners that establish or operate a community mental health
and developmental disabilities program.
(2) The department may provide technical assistance and other
incentives to assist in the planning, development and
implementation of regional local mental health authorities
whenever the department determines that a regional approach will
optimize the comprehensive local plan described under ORS 430.630
(10).
(3) The enumeration of duties and functions in subsection (1)
of this section shall not be deemed exclusive nor construed as a
limitation on the powers and authority vested in the department
by other provisions of law.
SECTION 232. ORS 430.665 is amended to read:
430.665. (1) In order to improve services to { - mentally or
emotionally disturbed - } persons { + with mental or emotional
disturbances + } and provide information for uniform analysis,
each community mental health and developmental disabilities
program shall collect and report data and evaluate programs in
accordance with methods prescribed by the Department of Human
Services after consultation with the program directors.
Enrolled Senate Bill 83 (SB 83-A) Page 194
(2) Information collected by the department under subsection
(1) of this section shall include, but need not be limited to:
(a) Numbers of persons served;
(b) Ages of persons served;
(c) Types of services provided; and
(d) Cost of services.
(3) Within the limits of available funds allocated for the
administration of community mental health and developmental
disabilities programs, community mental health and developmental
disabilities programs shall collect data and evaluate programs
with moneys provided by the department. The department shall
distribute funds so that programs within the same population
grouping shall receive equal amounts of funds. The population
groupings are:
(a) More than 400,000 population.
(b) Less than 400,000 but more than 100,000.
(c) Less than 100,000 but more than 50,000.
(d) Less than 50,000.
(4) During the first biennium that a new service is funded by
the department, two percent of the service funds shall be set
aside for use in data collection and evaluation of the service.
Thereafter, the service shall be evaluated as a part of the total
community mental health program.
SECTION 233. ORS 430.685 is amended to read:
430.685. In allocating funds for community mental health and
developmental disabilities programs affecting { - the mentally
and emotionally disturbed - } { + persons with mental or
emotional disturbances + }, the Department of Human Services
shall observe the following priorities:
(1) To assure the establishment and operation of community
mental health and developmental disabilities programs for
{ - the mentally and emotionally disturbed - } { + persons
with mental or emotional disturbances + } in every geographic
area of the state to provide some services in each category of
services described in ORS 430.630 (3) unless a waiver has been
granted;
(2) To assure survival of services that address the needs of
persons within the priority of services under ORS 430.675 and
that meet department standards;
(3) To develop the interest and capacity of community mental
health and developmental disabilities programs to provide new or
expanded services to meet the needs for services under ORS
430.675 and to promote the equal availability of such services
throughout the state; and
(4) To encourage and assist in the development of model
projects to test new services and innovative methods of service
delivery.
SECTION 234. ORS 430.695 is amended to read:
430.695. (1) Any program fees, third-party reimbursements,
contributions or funds from any source, except client resources
applied toward the cost of care in group homes for { - the
mentally retarded and mentally ill - } { + persons with mental
retardation or mental illness + } and client resources and
third-party payments for community psychiatric inpatient care,
received by a community mental health and developmental
disabilities program are not an offset to the costs of the
services and { - shall - } { + may + } not be applied to
reduce the program's eligibility for state funds providing such
funds are expended for mental health services approved by the
Department of Human Services.
Enrolled Senate Bill 83 (SB 83-A) Page 195
(2) Within the limits of available funds, the department may
contract for specialized, statewide and regional services
including but not limited to group homes for { - the mentally
retarded or mentally or emotionally disturbed - } persons { +
with mental retardation or mental or emotional disturbances + },
day and residential treatment programs for { - mentally or
emotionally disturbed - } children and adolescents { + with
mental or emotional disturbances + } and community services for
clients of the Psychiatric Security Review Board.
(3) { - Beginning July 1, 1981, - } Fees and third-party
reimbursements, including all amounts paid pursuant to Title XIX
of the Social Security Act by the Department of Human Services,
for services rendered by the community mental health and
developmental disabilities program and interest earned on such
funds shall be retained by the program and expended for any
service which meets the standards of the department.
SECTION 235. ORS 430.705 is amended to read:
430.705. Notwithstanding ORS 430.640, the State of Oregon,
through the Department of Human Services, may establish the
necessary facilities and provide comprehensive mental health
services for children throughout the state. These services may
include, but { + need + } not be limited to { + : + } { - the
prevention of mental illness, and the prevention, treatment and
restoration of emotionally disturbed, mentally ill and
drug-dependent children. - }
{ + (1) The prevention of mental illness, emotional
disturbances and drug dependency in children; and
(2) The treatment of children with mental illness, emotional
disturbances and drug dependency. + }
SECTION 236. ORS 430.735 is amended to read:
430.735. As used in ORS 430.735 to 430.765:
(1) 'Abuse' means one or more of the following:
(a) Any death caused by other than accidental or natural means.
(b) Any physical injury caused by other than accidental means,
or that appears to be at variance with the explanation given of
the injury.
(c) Willful infliction of physical pain or injury.
(d) Sexual harassment or exploitation, including but not
limited to any sexual contact between an employee of a facility
or community program and an adult.
(e) Neglect that leads to physical harm through withholding of
services necessary to maintain health and well-being. For
purposes of this paragraph, 'neglect' does not include a failure
of the state or a community program to provide services due to a
lack of funding available to provide the services.
(2) 'Adult' means a person { - who is mentally ill or
developmentally disabled - } { + with a mental illness or
developmental disability + }, who is 18 years of age or older and
receives services from a community program or facility.
(3) 'Adult protective services' means the necessary actions
taken to prevent abuse or exploitation of an adult, to prevent
self-destructive acts and to safeguard an adult's person,
property and funds. Any actions taken to protect an adult shall
be undertaken in a manner that is least intrusive to the adult
and provides for the greatest degree of independence.
(4) 'Care provider' means an individual or facility that has
assumed responsibility for all or a portion of the care of an
adult as a result of a contract or agreement.
Enrolled Senate Bill 83 (SB 83-A) Page 196
(5) 'Community program' means a community mental health and
developmental disabilities program as established in ORS 430.610
to 430.695.
(6) 'Department' means the Department of Human Services.
(7) 'Facility' means a residential treatment home or facility,
residential care facility, adult foster care home, residential
training home or facility or crisis respite facility.
(8) 'Law enforcement agency' means:
(a) Any city or municipal police department;
(b) Any county sheriff's office;
(c) The Oregon State Police; or
(d) Any district attorney.
(9) 'Public or private official' means:
(a) Physician, naturopathic physician, osteopathic physician,
psychologist, chiropractor or podiatric physician and surgeon,
including any intern or resident;
(b) Licensed practical nurse, registered nurse, nurse's aide,
home health aide or employee of an in-home health service;
(c) Employee of the Department of Human Services, county health
department, community mental health and developmental
disabilities program or private agency contracting with a public
body to provide any community mental health service;
(d) Peace officer;
(e) Member of the clergy;
(f) Licensed clinical social worker;
(g) Physical, speech or occupational therapist;
(h) Information and referral, outreach or crisis worker;
(i) Attorney;
(j) Licensed professional counselor or licensed marriage and
family therapist; or
(k) Any public official who comes in contact with adults in the
performance of the official's duties.
SECTION 237. ORS 430.737 is amended to read:
430.737. The Legislative Assembly finds that for the purpose of
preventing abuse and safeguarding and enhancing the welfare of
adults { - who are mentally ill or developmentally disabled - }
{ + with mental illness or developmental disabilities + }, it
is necessary and in the public interest to require mandatory
reports and thorough and unbiased investigations of
{ - allegedly abused mentally ill and developmentally
disabled - } adults { + with mental illness or developmental
disabilities who are allegedly abused + }.
SECTION 238. ORS 431.180 is amended to read:
431.180. Nothing in the public health laws shall be construed
to empower or authorize the Department of Human Services or its
representatives, or any county or district board of health or its
representatives to interfere in any manner with the individual's
right to select the physician or mode of treatment of the choice
of the individual, nor interfere with the practice of any person
whose religion treats or administers to { - the - }
{ + people who are + } sick or suffering by purely spiritual
means. However, sanitary laws and rules must be complied with.
SECTION 239. ORS 437.030 is amended to read:
437.030. The Department of Human Services shall, upon receiving
a report that any person has tuberculosis, make such
investigation of the case as is necessary to determine whether or
not the person reported has communicable tuberculosis. Upon
finding that any person { - is suffering from - } { + has + }
communicable tuberculosis, the department shall exercise such
control over the affected person and contacts with other persons
Enrolled Senate Bill 83 (SB 83-A) Page 197
as may be necessary for the protection of the public health,
pursuant to its rules and regulations. In exercising such control
over any
{ - afflicted - } person { + who has communicable
tuberculosis + } the department may make such rules or orders
governing such person's conduct as are necessary to prevent the
spread of the disease.
SECTION 240. ORS 441.137 is amended to read:
441.137. (1) There is established a Long Term Care Advisory
Committee of seven members to be appointed in the following
manner:
(a) One person appointed by the Speaker of the House of
Representatives;
(b) One person appointed by the President of the Senate;
(c) One person appointed by the House Minority Leader;
(d) One person appointed by the Senate Minority Leader;
(e) Two persons, from a list of four names submitted by the
organizations of seniors, appointed by the Governor; and
(f) One person appointed by the Governor.
(2) All members are subject to confirmation by the Senate under
ORS 171.562 and 171.565.
(3) The term of office of each member is four years. Before the
expiration of the term of a member, the appointing authority
shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired
term.
(4) The members of the committee must be citizens of this state
who are broadly representative to the extent possible of persons
over 55 years of age, including { - disabled - } persons
{ + with disabilities + } and members of racial and ethnic
minorities, who have knowledge and interest in the problems of
the elderly and are representative of all areas of the state. At
least five members shall be at least 60 years of age.
SECTION 241. ORS 441.525 is amended to read:
441.525. As used in ORS 441.525 to 441.595, unless the context
requires otherwise:
(1) 'Adult congregate living facility' means any institution,
building or buildings, residential facility for elderly
{ + persons + } and { - disabled - } persons { + with
disabilities + }, or other place, operated as a nonprofit
corporation which undertakes through its ownership or management
to provide housing, meals and the availability of other
supportive services.
(2) 'Authority' means any public authority organized or
existing pursuant to ORS 441.525 to 441.595.
(3) 'Governing body' means the county court, board of county
commissioners, council or other legislative body of any
municipality.
(4) 'Hospital facility' means any structure, system, machinery,
equipment or other real or personal property useful for or
incidental to inpatient or outpatient care or administration,
service or support for such care or any combination thereof which
is provided by a political subdivision of this state or any
private nonprofit corporation, which is operating or proposes to
operate an adult congregate living facility, or a health care
facility as defined by ORS 442.015.
Enrolled Senate Bill 83 (SB 83-A) Page 198
(5) 'Municipality' means any health district, city or county
and further means any municipal corporation resulting from a
city-county or city consolidation or a merger of cities.
SECTION 242. ORS 442.015 is amended to read:
442.015. As used in ORS chapter 441 and this chapter, unless
the context requires otherwise:
(1) 'Acquire' or 'acquisition' means obtaining equipment,
supplies, components or facilities by any means, including
purchase, capital or operating lease, rental or donation, with
intention of using such equipment, supplies, components or
facilities to provide health services in Oregon. When equipment
or other materials are obtained outside of this state,
acquisition is considered to occur when the equipment or other
materials begin to be used in Oregon for the provision of health
services or when such services are offered for use in Oregon.
(2) 'Adjusted admission' means the sum of all inpatient
admissions divided by the ratio of inpatient revenues to total
patient revenues.
(3) 'Affected persons' has the same meaning as given to '
party' in ORS 183.310.
(4) 'Ambulatory surgical center' means a facility that performs
outpatient surgery not routinely or customarily performed in a
physician's or dentist's office, and is able to meet health
facility licensure requirements.
(5) 'Audited actual experience' means data contained within
financial statements examined by an independent, certified public
accountant in accordance with generally accepted auditing
standards.
(6) 'Budget' means the projections by the hospital for a
specified future time period of expenditures and revenues with
supporting statistical indicators.
(7) 'Case mix' means a calculated index for each hospital,
based on financial accounting and case mix data collection as set
forth in ORS 442.425, reflecting the relative costliness of that
hospital's mix of cases compared to a state or national mix of
cases.
(8) 'Commission' means the Oregon Health Policy Commission.
(9) 'Department' means the Department of Human Services of the
State of Oregon.
(10) 'Develop' means to undertake those activities that on
their completion will result in the offer of a new institutional
health service or the incurring of a financial obligation, as
defined under applicable state law, in relation to the offering
of such a health service.
(11) 'Director' means the Director of Human Services.
(12) 'Expenditure' or 'capital expenditure' means the actual
expenditure, an obligation to an expenditure, lease or similar
arrangement in lieu of an expenditure, and the reasonable value
of a donation or grant in lieu of an expenditure but not
including any interest thereon.
(13) 'Freestanding birthing center' means a facility licensed
for the primary purpose of performing low risk deliveries.
(14) 'Governmental unit' means the state, or any county,
municipality or other political subdivision, or any related
department, division, board or other agency.
(15) 'Gross revenue' means the sum of daily hospital service
charges, ambulatory service charges, ancillary service charges
and other operating revenue. 'Gross revenue' does not include
contributions, donations, legacies or bequests made to a hospital
without restriction by the donors.
Enrolled Senate Bill 83 (SB 83-A) Page 199
(16)(a) 'Health care facility' means a hospital, a long term
care facility, an ambulatory surgical center, a freestanding
birthing center or an outpatient renal dialysis facility.
(b) 'Health care facility' does not mean:
(A) An establishment furnishing residential care or treatment
not meeting federal intermediate care standards, not following a
primarily medical model of treatment, prohibited from admitting
persons requiring 24-hour nursing care and licensed or approved
under the rules of the Department of Human Services or the
Department of Corrections; or
(B) An establishment furnishing primarily domiciliary care.
(17) 'Health maintenance organization' or 'HMO' means a public
organization or a private organization organized under the laws
of any state that:
(a) Is a qualified HMO under section 1310 (d) of the U.S.
Public Health Services Act; or
(b)(A) Provides or otherwise makes available to enrolled
participants health care services, including at least the
following basic health care services:
(i) Usual physician services;
(ii) Hospitalization;
(iii) Laboratory;
(iv) X-ray;
(v) Emergency and preventive services; and
(vi) Out-of-area coverage;
(B) Is compensated, except for copayments, for the provision of
the basic health care services listed in subparagraph (A) of this
paragraph to enrolled participants on a predetermined periodic
rate basis; and
(C) Provides physicians' services primarily directly through
physicians who are either employees or partners of such
organization, or through arrangements with individual physicians
or one or more groups of physicians organized on a group practice
or individual practice basis.
(18) 'Health services' means clinically related diagnostic,
treatment or rehabilitative services, and includes alcohol, drug
or controlled substance abuse and mental health services that may
be provided either directly or indirectly on an inpatient or
ambulatory patient basis.
(19) 'Hospital' means a facility with an organized medical
staff, with permanent facilities that include inpatient beds and
with medical services, including physician services and
continuous nursing services under the supervision of registered
nurses, to provide diagnosis and medical or surgical treatment
primarily for but not limited to acutely ill patients and
accident victims, to provide treatment for { - the mentally
ill - } { + patients with mental illness + } or to provide
treatment in special inpatient care facilities.
(20) 'Institutional health services' means health services
provided in or through health care facilities and includes the
entities in or through which such services are provided.
(21) 'Intermediate care facility' means a facility that
provides, on a regular basis, health-related care and services to
individuals who do not require the degree of care and treatment
that a hospital or skilled nursing facility is designed to
provide, but who because of their mental or physical condition
require care and services above the level of room and board that
can be made available to them only through institutional
facilities.
Enrolled Senate Bill 83 (SB 83-A) Page 200
(22) 'Long term care facility' means a facility with permanent
facilities that include inpatient beds, providing medical
services, including nursing services but excluding surgical
procedures except as may be permitted by the rules of the
director, to provide treatment for two or more unrelated
patients. ' Long term care facility' includes skilled nursing
facilities and intermediate care facilities but may not be
construed to include facilities licensed and operated pursuant to
ORS 443.400 to 443.455.
(23) 'Major medical equipment' means medical equipment that is
used to provide medical and other health services and that costs
more than $1 million. 'Major medical equipment' does not include
medical equipment acquired by or on behalf of a clinical
laboratory to provide clinical laboratory services, if the
clinical laboratory is independent of a physician's office and a
hospital and has been determined under Title XVIII of the Social
Security Act to meet the requirements of paragraphs (10) and (11)
of section 1861(s) of that Act.
(24) 'Net revenue' means gross revenue minus deductions from
revenue.
(25) 'New hospital' means a facility that did not offer
hospital services on a regular basis within its service area
within the prior 12-month period and is initiating or proposing
to initiate such services. 'New hospital' also includes any
replacement of an existing hospital that involves a substantial
increase or change in the services offered.
(26) 'New skilled nursing or intermediate care service or
facility' means a service or facility that did not offer long
term care services on a regular basis by or through the facility
within the prior 12-month period and is initiating or proposing
to initiate such services. 'New skilled nursing or intermediate
care service or facility' also includes the rebuilding of a long
term care facility, the relocation of buildings that are a part
of a long term care facility, the relocation of long term care
beds from one facility to another or an increase in the number of
beds of more than 10 or 10 percent of the bed capacity, whichever
is the lesser, within a two-year period.
(27) 'Offer' means that the health care facility holds itself
out as capable of providing, or as having the means for the
provision of, specified health services.
(28) 'Operating expenses' means the sum of daily hospital
service expenses, ambulatory service expenses, ancillary expenses
and other operating expenses, excluding income taxes.
(29) 'Outpatient renal dialysis facility' means a facility that
provides renal dialysis services directly to outpatients.
(30) 'Person' means an individual, a trust or estate, a
partnership, a corporation (including associations, joint stock
companies and insurance companies), a state, or a political
subdivision or instrumentality, including a municipal
corporation, of a state.
(31) 'Skilled nursing facility' means a facility or a distinct
part of a facility, that is primarily engaged in providing to
inpatients skilled nursing care and related services for patients
who require medical or nursing care, or an institution that
provides rehabilitation services for the rehabilitation of
{ + individuals who are + } injured { - , disabled - } or sick
{ - persons - } { + or who have disabilities + }.
(32) 'Special inpatient care facility' means a facility with
permanent inpatient beds and other facilities designed and
utilized for special health care purposes, including but not
Enrolled Senate Bill 83 (SB 83-A) Page 201
limited to a rehabilitation center, a college infirmary, a
chiropractic facility, a facility for the treatment of alcoholism
or drug abuse, an inpatient care facility meeting the
requirements of ORS 441.065, and any other establishment falling
within a classification established by the Department of Human
Services, after determination of the need for such classification
and the level and kind of health care appropriate for such
classification.
(33) 'Total deductions from gross revenue' or 'deductions from
revenue' means reductions from gross revenue resulting from
inability to collect payment of charges. Such reductions include
bad debts, contractual adjustments, uncompensated care,
administrative, courtesy and policy discounts and adjustments and
other such revenue deductions. The deduction shall be net of the
offset of restricted donations and grants for indigent care.
SECTION 243. ORS 442.502 is amended to read:
442.502. (1) For purposes of determining the size of a rural
hospital, beds certified by the Department of Human Services on
the license of the hospital as special inpatient care beds shall
not be included.
(2) As used in this section, 'special inpatient care beds '
means beds that:
(a) Are used for the treatment of { - the mentally ill - }
{ + patients with mental illness + } or for the treatment of
alcoholism or drug abuse, or are located in a rehabilitation
center, a college infirmary, a chiropractic facility, a
freestanding hospice facility, an infirmary for the homeless or
an inpatient care facility described in ORS 441.065;
(b) Are physically separate from acute inpatient care beds, at
least by being located on separate floors or wings of the same
building;
(c) Are never used for acute patient care;
(d) Are staffed by dedicated direct care personnel for whom
separate employment records are maintained;
(e) Have separate medical directors; and
(f) Maintain separate admission, discharge and patient records.
SECTION 244. ORS 442.700 is amended to read:
442.700. As used in ORS 442.700 to 442.760:
(1) 'Board of governors' means the governors of a cooperative
program as described in ORS 442.720.
(2) 'Cooperative program' means a program among two or more
health care providers for the purpose of providing heart and
kidney transplant services including, but not limited to, the
sharing, allocation and referral of physicians, patients,
personnel, instructional programs, support services, facilities,
medical, diagnostic, laboratory or therapeutic services,
equipment, devices or supplies, and other services traditionally
offered by health care providers.
(3) 'Director' means the Director of Human Services.
(4) 'Health care provider' means a hospital, physician or
entity, a significant part of whose activities consist of
providing hospital or physician services in this state. For
purposes of the immunities provided by ORS 442.700 to 442.760 and
646.740, 'health care provider' includes any officer, director,
trustee, employee, or agent of, or any entity under common
ownership and control with, a health care provider.
(5) 'Hospital' means a hospital, as defined in ORS 442.015
(19), or a long term care facility or an ambulatory surgical
center, as those terms are defined in ORS 442.015, that is
licensed under ORS 441.015 to 441.089. 'Hospital' includes
Enrolled Senate Bill 83 (SB 83-A) Page 202
community health programs established under ORS 430.610 to
430.695.
(6) 'Order' means a decision issued by the director under ORS
442.710 either approving or denying an application for a
cooperative program and includes modifications of an original
order under ORS 442.730 (3)(b) and ORS 442.740 (1) and (4).
(7) 'Party to a cooperative program agreement' or 'party '
means an entity that enters into the principal agreement to
establish a cooperative program and applies for approval under
ORS 442.700 to 442.760 and 646.740 and any other entity that,
with the approval of the director, becomes a member of a
cooperative program.
(8) 'Physician' means a physician defined in ORS 677.010
{ - (12) - } { + (13) + } and licensed under ORS chapter 677.
SECTION 245. ORS 443.400 is amended to read:
443.400. As used in ORS 443.400 to 443.455 and 443.991 (2),
unless the context requires otherwise:
(1) 'Department' means the Department of Human Services.
(2) 'Director' means the Director of Human Services.
(3) 'Resident' means any individual residing in a facility who
receives residential care, treatment or training. For purposes of
ORS 443.400 to 443.455, an individual is not considered to be a
resident if the individual is related by blood or marriage within
the fourth degree as determined by civil law to the person
licensed to operate or maintain the facility.
(4) 'Residential care' means services such as supervision;
protection; assistance while bathing, dressing, grooming or
eating; management of money; transportation; recreation; and the
providing of room and board.
(5) 'Residential care facility' means a facility that provides,
for six or more { - physically disabled or - } socially
dependent individuals { + or individuals with physical
disabilities + }, residential care in one or more buildings on
contiguous properties.
(6) 'Residential facility' means a residential care facility,
residential training facility, residential treatment facility,
residential training home or residential treatment home.
(7) 'Residential training facility' means a facility that
provides, for six or more { - mentally retarded or other
developmentally disabled - } individuals { + with mental
retardation or other developmental disabilities + }, residential
care and training in one or more buildings on contiguous
properties.
(8) 'Residential training home' means a facility that provides,
for five or fewer { - mentally retarded or other
developmentally disabled - } individuals { + with mental
retardation or other developmental disabilities + }, residential
care and training in one or more buildings on contiguous
properties, when so certified and funded by the department.
(9) 'Residential treatment facility' means a facility that
provides, for six or more { - mentally, emotionally or
behaviorally disturbed - } individuals { + with mental,
emotional or behavioral disturbances + } or alcohol or drug
{ - dependent persons - } { + dependence + }, residential care
and treatment in one or more buildings on contiguous properties.
(10) 'Residential treatment home' means a facility that
provides for five or fewer { - mentally, emotionally or
behaviorally disturbed - } individuals { + with mental,
emotional or behavioral disturbances + } or alcohol or drug
Enrolled Senate Bill 83 (SB 83-A) Page 203
{ - dependent persons - } { + dependence + }, residential care
and treatment in one or more buildings on contiguous properties.
(11) 'Training' means the systematic, planned maintenance,
development or enhancement of self-care skills, social skills or
independent living skills, or the planned sequence of systematic
interactions, activities or structured learning situations
designed to meet each resident's specified needs in the areas of
physical, social, emotional and intellectual growth.
(12) 'Treatment' means a planned, individualized program of
medical, psychological or rehabilitative procedures, experiences
and activities designed to relieve or minimize mental, emotional,
physical or other symptoms or social, educational or vocational
disabilities resulting from or related to the mental or emotional
disturbance, physical disability or alcohol or drug problem.
SECTION 246. ORS 443.410 is amended to read:
443.410. A license issued by the Department of Human Services
is required in order to operate or maintain any residential
facility for persons who { + have developmental, physical or
psychiatric disabilities or + } are { - developmentally
disabled, physically disabled or - } socially dependent { - ,
psychiatrically disabled - } or alcohol or drug dependent. In
the case of a combination of residents, the category of licensure
shall be determined by the Director of Human Services.
SECTION 247. ORS 443.452 is amended to read:
443.452. (1) The director shall waive the requirements of ORS
443.410 for a residential care facility caring for
{ - physically disabled - } residents { + with physical
disabilities + } if:
(a) Each resident is over 16 years of age;
(b) No more than five { - physically disabled - }
individuals { + with physical disabilities + } reside in any one
building of the facility; and
(c) The residential facility complies with the applicable
requirements of the State Fire Marshal.
(2) As used in this section, 'building' means any structure
that does not share a common wall or roof with another structure.
SECTION 248. ORS 443.480 is amended to read:
443.480. As used in ORS 443.480 to 443.500:
(1) 'Elderly' means an individual who is 62 years of age or
older.
(2) { - ' Disabled' - } { + ' Disability' + } means
{ - an individual who has - } a physical or mental impairment
which for the individual constitutes or results in a functional
limitation to one or more major life activities.
SECTION 249. ORS 443.485 is amended to read:
443.485. (1) Subject to ORS 443.490, any person who offers to
the general public residential facilities and meals for
compensation to two or more adults who are elderly or
{ - disabled - } { + have disabilities + }, as defined in ORS
443.480, not related to the person by blood or marriage, and is
not licensed or registered under any other law of this state or
city or county ordinance or regulation shall register the
person's name and address with the Department of Human Services.
The registration fee is $20 annually. The department shall
establish by rule reasonable and appropriate standards for the
operation of facilities subject to ORS 443.480 to 443.500,
consistent with their residential nature.
(2) The Department of Human Services shall provide evidence of
the registration to the person. The evidence shall be posted in
the residence.
Enrolled Senate Bill 83 (SB 83-A) Page 204
(3) The Department of Human Services may impose a civil penalty
not to exceed $200 for:
(a) Operating without registration as required under this
section; or
(b) A violation of ORS 443.880 or 443.881.
(4) The department may suspend or revoke registration or deny
the issuance of registration for violation of any statute, rule,
ordinance or regulation relating to the safety of occupants of
the residential facility.
SECTION 250. ORS 443.715 is amended to read:
443.715. For purposes of ORS 443.705 to 443.825, 'adult foster
home' does not include:
(1) Any house, institution, hotel, or other similar place that
supplies board and room only, or room only, or board only, if no
resident thereof requires any element of care.
(2) Any specialized living situation for { - physically
disabled - } persons { + with physical disabilities + } where
the Department of Human Services provides payment for personal
care services other than to an adult foster home provider.
(3) Any residential facility, as defined in ORS 443.400,
licensed and funded by the department.
(4) Any residential treatment home, as defined in ORS 443.400,
licensed and funded by the department.
SECTION 251. ORS 443.720 is amended to read:
443.720. (1) The Legislative Assembly finds that:
(a) Adult foster homes provide needed care and services to
thousands of { - elderly and disabled - } Oregonians { + who
are elderly or have disabilities and + } who might otherwise be
institutionalized;
(b) The protection of the health, safety and well-being of the
residents of adult foster homes is an important function of the
Department of Human Services; and
(c) Consistent interpretation, application and enforcement of
regulatory standards is necessary and desirable for the
protection of adult foster home residents.
(2) It is legislative intent that:
(a) The department provide training and guidelines for
employees assigned to licensing and enforcement to encourage
consistency; and
(b) The department take vigorous action to ensure that
inspections and investigations are carried out as required by
law.
SECTION 252. ORS 444.010 is amended to read:
444.010. (1) The Oregon Health and Science University is
designated to administer a program the purpose of which is to
enable the state to extend and improve services for locating
{ - disabled - } children { + with disabilities + } and for
providing medical, surgical, corrective and other services and
care, and facilities for diagnosis, hospitalization and after
care for such children and for children having conditions which
lead to disability.
(2) The Oregon Health and Science University shall also
supervise the administration of those services included in the
program which are not administered directly by it.
SECTION 253. ORS 444.020 is amended to read:
444.020. The Oregon Health and Science University may:
(1) Make all necessary rules and regulations for administering
services to { - disabled - } children { + with
disabilities + } under ORS 444.010 to 444.050.
Enrolled Senate Bill 83 (SB 83-A) Page 205
(2) Accept, expend and disburse all federal funds made
available to this state for services for { - disabled - }
children { + with disabilities + } and for the administration of
services for children with special health needs.
(3) Make such reports in such form and containing such
information as are required by the federal government, and comply
with such provisions as are found necessary to { - insure - }
{ + ensure + } correctness and verification of such reports.
(4) Cooperate with medical, health, nursing and welfare groups
and organizations and with any agencies in the state charged with
administering state laws providing for vocational rehabilitation
of { - physically disabled - } children { + with physical
disabilities + }.
(5) Cooperate with the federal government through its
appropriate agency or instrumentality in administering services
for children with special health needs.
(6) Accept and receive funds, money or other valuable things
from relatives, corporations or interested persons or
organizations for the care of { - disabled - } children
{ + with disabilities + } and expend the same for the purposes
for which such funds, money or other valuable things were
received.
(7) Accept and receive fees for services rendered under ORS
444.010 to 444.050.
SECTION 254. ORS 444.030 is amended to read:
444.030. The Oregon Health and Science University shall be
responsible for the administration of services for children with
special health needs under ORS 444.010 to 444.050 and may
establish:
(1) Qualifications of medical, nursing and other personnel
employed in connection with services to { - disabled - }
children { + with disabilities + }.
(2) Standards of medical practice, hospitalization, nursing and
other services, and diagnostic clinics.
SECTION 255. ORS 444.120 is amended to read:
444.120. (1) Upon filing a report under ORS 444.110, the judge
exercising jurisdiction under ORS 419B.100 or 419C.005 shall:
(a) Fix a day for a hearing upon the complaint.
(b) Cause the person or institution having legal custody of the
child to be served with a notice of the hearing.
(c) Notify the district attorney, who shall appear and conduct
the proceedings.
(2) At the hearing of the complaint, evidence may be
introduced. If the judge finds that the child { - is suffering
from - } { + has + } a deformity or malady which can probably be
remedied by surgical or medical treatment and hospital care, and
that the person or institution legally chargeable with the
support of the child is unable to pay the expenses thereof, the
judge, with the consent of the person or institution having the
legal charge of the child, may enter an order directing that the
child shall be taken or sent to the Oregon Health and Science
University for free surgical and medical treatment and hospital
care. The child shall also be provided with proper and sufficient
clothing.
SECTION 256. ORS 454.657 is amended to read:
454.657. (1) After hearing the Environmental Quality Commission
may grant to applicants for permits required under ORS 454.655
specific variances from the particular requirements of any rule
or standard pertaining to subsurface sewage disposal systems for
such period of time and upon such conditions as it may consider
Enrolled Senate Bill 83 (SB 83-A) Page 206
necessary to protect the public health and welfare and to protect
the waters of the state, as defined in ORS 468B.005. The
commission shall grant such specific variance only where after
hearing it finds that strict compliance with the rule or standard
is inappropriate for cause or because special physical conditions
render strict compliance unreasonable, burdensome or impractical.
(2) The commission shall adopt rules for granting variances
from rules or standards pertaining to subsurface sewage disposal
systems in cases of extreme and unusual hardship. The rules shall
provide for consideration of the following factors in reviewing
applications for variances due to hardship:
(a) Advanced age or bad health of applicants;
(b) Relative insignificance of the environmental impact of
granting a variance; and
(c) The need of applicants to care for { + relatives who
are + } aged { - , - } { + or + } incapacitated or
{ - disabled relatives - } { + have disabilities + }.
(3) The department shall strive to aid and accommodate the
needs of applicants for variances due to hardship.
(4) Variances granted due to hardship may contain conditions
such as permits for the life of the applicant, limiting the
number of permanent residents using a subsurface sewage disposal
system and use of experimental systems for specified periods of
time.
SECTION 257. ORS 455.720 is amended to read:
455.720. (1) In accordance with applicable provisions of ORS
chapter 183, to promote effective and uniform enforcement of the
state building code by improving the competence of building
officials and inspectors, the Director of the Department of
Consumer and Business Services, with the advice of the advisory
boards, shall:
(a) Establish for building officials and inspectors reasonable
minimum training and experience standards, including but not
limited to courses or subjects for instruction, facilities for
instruction, qualification of instructors and methods of
instruction. The standards shall include provisions for
determining a practical experience equivalent.
(b) Establish a procedure to be used by municipalities to
determine whether a person meets minimum standards or has minimum
training to be appointed or employed as a building official or
inspector. The procedure shall allow for a field examination of a
person to determine if the person meets the practical experience
equivalent of a minimum standard.
(c) Subject to such terms, conditions and classifications as
the director may impose, certify building officials as being
qualified, and revoke such certifications in the manner provided
in ORS 455.740.
(d) Require an applicant for a certificate as a building
official or inspector to demonstrate knowledge of the laws
governing accessibility to buildings by { - disabled - }
persons { + with disabilities + } by passing an examination
prescribed by the director.
(2) The director shall maintain and, upon request of
municipalities, furnish information on applicants for appointment
or employment as building officials or inspectors.
(3) Pursuant to ORS chapter 183, the director shall adopt rules
necessary to carry out the certification programs provided by
subsection (1) of this section.
(4) The director, by rule, may require evidence of completion
of continuing education covering any certification created under
Enrolled Senate Bill 83 (SB 83-A) Page 207
this section as a condition of maintaining the certification.
Nothing in this subsection shall prohibit the director from
delegating any of this power to a municipality.
(5) The director, with the advice of the appropriate advisory
boards, may adopt rules for certifying inspectors as being
qualified to enforce one or more particular specialty codes,
subject to any terms, conditions and classifications the director
may impose, and for revoking those certifications in the manner
provided in ORS 455.740.
SECTION 258. ORS 456.515 is amended to read:
456.515. As used in ORS 456.515 to 456.725 and ORS chapter 458
unless the context requires otherwise:
(1) 'Community Action Directors of Oregon' means an
organization described in ORS 458.505.
(2) 'Construction' includes, but is not limited to, new
construction or moderate or substantial rehabilitation of
existing structures or facilities.
(3) 'Council' means the State Housing Council established under
ORS 456.567.
(4) 'Department' means the Housing and Community Services
Department established under ORS 456.555.
(5) 'Director' means the Director of the Housing and Community
Services Department.
{ - (6) 'Disabled person' means a person who has a physical
or mental impairment that substantially limits one or more major
life activities. - }
{ - (7) - } { + (6) + } 'Elderly household' means a
household whose head is over the age of 58, residing in this
state, who cannot obtain in the open market decent, safe and
sanitary housing, including the costs of utilities and taxes, for
25 percent of the gross income of the household.
{ - (8) - } { + (7) + } 'Major life activity' includes but
is not limited to self-care, ambulation, communication,
transportation, education, socialization, employment and ability
to acquire, rent or maintain property.
{ - (9)(a) - } { + (8)(a) + } 'Multifamily housing' means a
structure or facility established primarily to provide housing
that provides more than one living unit, and may also provide
facilities that are functionally related and subordinate to the
living units for use by the occupants in social, health,
educational or recreational activities:
(A) For the elderly, including but not limited to individual
living units within such structures, mobile home and manufactured
dwelling parks and residential facilities licensed under ORS
443.400 to 443.455 and other congregate care facilities with or
without domiciliary care.
(B) For { - disabled - } persons { + with disabilities + },
including, but not limited to, individual living units within
such structures, mobile home and manufactured dwelling parks and
residential facilities licensed under ORS 443.400 to 443.455 and
other congregate care facilities with or without domiciliary
care.
(b) 'Multifamily housing' does not include nursing homes,
hospitals, places primarily engaged in recreational activities
and single-family, detached dwellings, except manufactured
dwellings situated in a mobile home and manufactured dwelling
park.
{ + (9) 'Person with a disability' means a person who has a
physical or mental impairment that substantially limits one or
more major life activities. + }
Enrolled Senate Bill 83 (SB 83-A) Page 208
(10) 'Target population' means:
(a) Elderly households; or
(b) { - Disabled - } Persons { + with disabilities + }.
SECTION 259. ORS 456.539 is amended to read:
456.539. (1) The Housing and Community Services Department
shall be the agency for the State of Oregon for the
administration of the Elderly and Disabled Housing Fund. Except
as otherwise provided in ORS 456.515 to 456.725 the provisions of
ORS 456.515 to 456.725 are applicable to the administration of
the Elderly and Disabled Housing Fund.
(2) The department is authorized to use the Elderly and
Disabled Housing Fund to advance funds, by contract, grant, loan
or otherwise, as provided by Article XI-I(2) of the Oregon
Constitution to finance multifamily housing for elderly
households, { - disabled - } persons { + with
disabilities + } and their family members and such other persons
who reside therein as are necessary to maintain the housing or
provide services or companionship for elderly households and
{ - disabled - } persons { + with disabilities + }.
(3) In carrying out the provisions specified in Article XI-I(2)
of the Oregon Constitution, the department shall, with the
concurrence of the State Housing Council, adopt criteria for
approval of projects proposed by qualified housing sponsors to
finance multifamily housing for the target population and their
family members and such other persons who reside therein as are
necessary to maintain the housing or provide services or
companionship for elderly households and { - disabled - }
persons { + with disabilities + }. The criteria shall:
(a) Assure that health, mental health and other supportive
services as may be necessary to maintain elderly and disabled
households living in the housing are available to the occupants
onsite or in the community;
(b) Give priority to members of the target populations; and
(c) Allow occupancy by such family members or other persons as
the department determines necessary to maintain the housing and
provide services or companionship for elderly households and
{ - disabled - } persons { + with disabilities + }.
(4) The department shall:
(a) Adopt criteria, including maximum income limitations not to
exceed median family income, for approval of applications for
financing the purchase by elderly households of ownership
interests within a multifamily structure or facility. The
criteria must include a requirement that the applicants obtain
loan cancellation life insurance.
(b) Provide means for allocating funds to finance multifamily
housing units for the target population and to establish
limitations on the interest and fees to be charged on loans made
by the department.
(c) Adopt rules necessary for efficient administration of the
Elderly and Disabled Housing Fund.
(d) Adopt rules to assure that each of the target populations
has access to a reasonable portion of the bond authority under
ORS 456.515 to 456.725, and that a reasonable portion of the
funds for elderly households is made available to finance the
purchase by elderly households of ownership interests within
multifamily housing structures or facilities.
(5) Loans made by the department under this section for the
interim construction financing of multifamily housing shall be
subject to the provisions of ORS 456.717.
SECTION 260. ORS 456.541 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 209
456.541. The Housing and Community Services Department shall
and the State Housing Council may consult generally with the
Department of Human Services and such other persons as the
council or Housing and Community Services Department may consider
appropriate concerning project applications for housing for
disabled households. The Housing and Community Services
Department shall seek comment on such project applications
concerning:
(1) The need for and design of the project generally,
considering the proposed location of the housing;
(2) The means proposed for screening eligibility for occupancy
to assure that priority will be given to members of the target
populations of { - disabled - } persons { + with
disabilities + }; and
(3) The adequacy of the provisions for assuring the
availability of health, mental health and other supportive
services necessary to maintain disabled households in the
housing.
SECTION 261. ORS 456.543 is amended to read:
456.543. (1) The Housing and Community Services Department
shall maintain, with the State Treasurer, an Elderly and Disabled
Housing Sinking Fund, separate and distinct from the General
Fund. The Elderly and Disabled Housing Sinking Fund shall
provide for the payment of the principal and interest upon bonds
issued under authority of Article XI-I(2), Oregon Constitution,
and ORS 456.515 to 456.725. Moneys in the sinking fund are
continuously appropriated to the department for such purpose.
With the approval of the department, the moneys in the Elderly
and Disabled Housing Sinking Fund may be invested as provided by
ORS 293.701 to 293.820, and earnings from the investment shall be
credited to the Elderly and Disabled Housing Sinking Fund.
(2) The Elderly and Disabled Housing Sinking Fund shall consist
of:
(a) All moneys received from contract or loan proceeds;
(b) Bond reserves;
(c) Other funds available for these purposes; and
(d) If necessary, state ad valorem taxes provided by Article
XI-I(2), Oregon Constitution, and by ORS 456.515 to 456.725.
(3) The Elderly and Disabled Housing Sinking Fund shall not be
used for any purpose other than that for which the fund was
created provided, however, that amounts on deposit in the fund
may be applied to the payment of operating and administrative
expenses of the department allocable to its elderly and disabled
housing program under ORS 456.515 to 456.725, and for transfers
under subsections (4) and (5) of this section. Should a balance
remain therein after the purposes for which the fund was created
have been fulfilled or after a reserve sufficient to meet all
existing obligations and liabilities of the fund has been set
aside, the surplus remaining may be transferred to the Elderly
and Disabled Housing Fund at the direction of the department.
(4) The Director of the Housing and Community Services
Department may transfer moneys from the Elderly and Disabled
Housing Sinking Fund, with the approval of the State Treasurer,
for the purpose of financing multifamily housing for the elderly
and { - the disabled - } { + persons with disabilities + }.
The State Treasurer shall approve such request if:
(a) The cash flow projection required by ORS 286.105 shows
that, for the term of the bonds outstanding at the time the
director transfers the moneys, remaining moneys in the sinking
fund, together with expected loan proceeds and fund earnings,
Enrolled Senate Bill 83 (SB 83-A) Page 210
will continue to be adequate to pay bond principal, interest and
administrative costs; and
(b) The transfer will not create the need for issuance of any
bonds.
(5) The director shall deposit loan prepayments in the Elderly
and Disabled Housing Fund, and lend such prepayments for the
purpose of financing multifamily housing for the elderly and
{ - the disabled - } { + persons with disabilities + } for a
term not exceeding the term of the bonds associated with the loan
that was prepaid, if the director determines that such a deposit
and loan will not adversely affect the ability of the department
to pay outstanding bonds.
SECTION 262. ORS 456.559 is amended to read:
456.559. (1) The Housing and Community Services Department
shall:
(a) Maintain current housing data and information concerning
available programs, status of funding, programs planned or
undertaken which might conflict with, overlap, duplicate or
supersede other planned or existing programs and call these to
the attention of appropriate state agencies, governmental bodies
and public or private housing sponsors.
(b) Provide to appropriate state agencies, governmental bodies
and public or private housing sponsors such advisory and
educational services as will assist them in the development of
housing plans and projects.
(c) Subject to the approval of the State Housing Council, make
noninterest bearing advances, in accordance with ORS 456.710 and
the policies of the department to qualified nonprofit sponsors
for development costs of housing projects until mortgage funds
are released to repay the advances as provided in ORS 456.710.
(d) Advise and assist appropriate state agencies, governmental
bodies and public or private housing sponsors, cities and
counties, in all programs and activities which are designed or
might tend to fulfill the purposes of ORS 456.550 to 456.725 and
ORS chapter 458.
(e) Encourage and assist in the planning, development,
construction, rehabilitation and conservation of dwelling units
for persons and families of lower income.
(f) Be the central state department to apply for, receive and
distribute, on behalf of appropriate state agencies, governmental
bodies and public or private housing sponsors in the state,
grants, gifts, contributions, loans, credits or assistance from
the federal government or any other source for housing programs
except when the donor, grantor, or lender of such funds
specifically directs some other agency to administer them. Moneys
received under this section shall be deposited with the State
Treasurer in an account separate and distinct from the General
Fund. Interest earned by the account shall be credited to the
account.
(g) For the purposes of acquiring moneys, credits or other
assistance from any agency or instrumentality of the United
States or from any public corporation chartered by the United
States, comply with any applicable agreements or restrictions for
the receipt of such assistance and become a member of any such
association or public corporation chartered by the United States.
(h) Assist individuals, appropriate state agencies,
governmental bodies and public or private housing sponsors
through a program which provides housing information, planning,
educational services and technical assistance.
Enrolled Senate Bill 83 (SB 83-A) Page 211
(i) Comply with the requirements of ORS 443.225 in assisting in
the development of any housing for residential care, training or
treatment for { - mentally retarded, developmentally disabled,
mentally or emotionally disturbed - } persons { + with mental
retardation, developmental disabilities or mental or emotional
disturbances + }.
(2) Except as otherwise provided in ORS 456.625 (7), the
department { - shall - } { + may + } not itself develop,
construct, rehabilitate or conserve housing units; and neither
the department nor any housing sponsor, including but not limited
to any association, corporation, cooperative housing authority or
urban renewal agency organized to provide housing and other
facilities pursuant to ORS 456.550 to 456.725, may own, acquire,
construct, purchase, lease, operate or maintain utility
facilities, including facilities for the generation of
electricity, for the distribution of gas and electricity, and for
the conveyance of telephone and telegraph messages.
(3) In accordance with the provisions of this section and with
the advice of the council, the department shall establish
statewide priorities for housing programs. State agencies shall
coordinate their housing programs with the department. All state
agencies intending to apply for federal funds for use in
planning, developing or managing housing, or rendering assistance
to governmental bodies or sponsors or individuals involved
therein shall submit a description of the proposed activity to
the department for review not less than 30 days prior to the
intended date of submission of the application to the federal
agency. The department shall determine whether the proposal would
result in a program that would overlap, duplicate or conflict
with any other housing program in the state. If the department
finds overlapping or duplication or conflict, it shall recommend
modifications in the application. The Oregon Department of
Administrative Services shall consider these recommendations in
making its decision to approve or disapprove the application. The
department shall complete its review and forward its
recommendations within 15 working days after receipt of the
notification. Failure of the department to complete the review
within that time shall constitute approval of the application by
the department.
(4) The director may participate in discussions and
deliberations of the council. The director may suggest policies
and rules to the council, including those necessary to stimulate
and increase the supply of housing for persons and families of
lower income.
SECTION 263. ORS 457.095 is amended to read:
457.095. The governing body of the municipality, upon receipt
of a proposed urban renewal plan and report from the
municipality's urban renewal agency and after public notice and
hearing and consideration of public testimony and planning
commission recommendations, if any, may approve the urban renewal
plan. The approval shall be by nonemergency ordinance which shall
incorporate the plan by reference. Notice of adoption of the
ordinance approving the urban renewal plan, and the provisions of
ORS 457.135, shall be published by the governing body of the
municipality in accordance with ORS 457.115 no later than four
days following the ordinance adoption. The ordinance shall
include determinations and findings by the governing body that:
(1) Each urban renewal area is blighted;
(2) The rehabilitation and redevelopment is necessary to
protect the public health, safety or welfare of the municipality;
Enrolled Senate Bill 83 (SB 83-A) Page 212
(3) The urban renewal plan conforms to the comprehensive plan
and economic development plan, if any, of the municipality as a
whole and provides an outline for accomplishing the urban renewal
projects the urban renewal plan proposes;
(4) Provision has been made to house displaced persons within
their financial means in accordance with ORS 35.500 to 35.530
and, except in the relocation of elderly { + individuals + } or
{ - disabled - } individuals { + with disabilities + }, without
displacing on priority lists persons already waiting for existing
federally subsidized housing;
(5) If acquisition of real property is provided for, that it is
necessary;
(6) Adoption and carrying out of the urban renewal plan is
economically sound and feasible; and
(7) The municipality shall assume and complete any activities
prescribed it by the urban renewal plan.
SECTION 264. ORS 458.215 is amended to read:
458.215. The Housing and Community Services Department may
establish a program to build local capacity to address any or a
combination of the following:
(1) Housing needs of people, with low or moderate incomes, for
homeownership and affordable rental housing;
(2) The problem of abandoned houses;
(3) The need for adequate housing for seasonal farm laborers;
(4) Housing problems for low and moderate income elderly { +
persons + } and { - disabled - } persons { + with
disabilities + };
(5) The need to incorporate social service programs as a
component of community economic development; and
(6) The need to incorporate related jobs for low and moderate
income persons as a component of community economic
revitalization.
SECTION 265. ORS 458.515 is amended to read:
458.515. (1) The Director of the Housing and Community Services
Department shall appoint an advisory committee whose members
shall be appointed based on a demonstrated interest in and
knowledge of low income energy assistance programs and broadly
representative of organizations, fuel providers and consumer
groups that represent low income persons, particularly elderly
{ + persons + } and { - disabled - } persons { + with
disabilities + } and have special qualifications with respect to
solving the energy consumption problems of low income persons.
(2) The committee shall meet not less than twice a year to
advise and assist the Housing and Community Services Department
in regard to rules, policies and programs regarding low income
energy assistance programs provided for under ORS 458.510.
SECTION 266. ORS 458.610 is amended to read:
458.610. For purposes of ORS 458.600 to 458.655:
(1) 'Council' means the State Housing Council established in
ORS 456.567.
(2) 'Department' means the Housing and Community Services
Department established in ORS 456.555.
{ - (3) 'Disabled' means those persons described as such by
the Fair Housing Amendments Act of 1988. - }
{ - (4) - } { + (3) + } 'Low income' means individuals or
households that receive more than 50 percent but less than 80
percent of the area median income as determined by the council
based on information from the United States Department of Housing
and Urban Development.
{ - (5) - } { + (4) + } 'Organization' means a:
Enrolled Senate Bill 83 (SB 83-A) Page 213
(a) Nonprofit corporation established under ORS chapter 65;
(b) Housing authority established under ORS 456.055 to 456.235;
or
(c) Local government as defined in ORS 197.015.
{ + (5) 'Persons with disabilities' means persons with
handicaps described in 42 U.S.C. 3602(h). + }
(6) 'Very low income' means individuals or households which
receive less than 50 percent of the area median income as
determined by the council based on information from the United
States Department of Housing and Urban Development.
SECTION 267. ORS 458.625 is amended to read:
458.625. (1) The Housing and Community Services Department may
disburse the revenue earned from investment of the principal in
the Housing Development and Guarantee Account to expand this
state's supply of housing for low and very low income families
and individuals, including, but not limited to, housing for
persons over 65 years of age, { - disabled - } persons { +
with disabilities + }, farmworkers and Native Americans. The
State Housing Council shall have a policy that provides for
distribution by the department of account investment revenue
disbursements statewide while concentrating account investment
revenue disbursements in those areas of the state with the
greatest need for low and very low income housing, as determined
by the council.
(2) The department may disburse account investment revenue, in
the form of grants or loans as determined by the department, for
any or all of the following purposes:
(a) To organizations as defined in ORS 458.610 and to
for-profit business entities to construct new housing or to
acquire or rehabilitate existing structures, or both, for housing
for persons of low or very low income, or both;
(b) To provide nonprofit organizations, as set forth in ORS
458.210 to 458.240, technical assistance or predevelopment costs,
or both. Predevelopment costs include, but are not limited to,
site acquisition, architectural services and project consultants.
Predevelopment costs do not include costs described in paragraph
(c) of this subsection;
(c) For costs to develop nonprofit organizations that show
sufficient evidence of having strong community support and a
strong likelihood of producing low or very low income
housing. Account investment revenue may not be used by an
organization for its general operations;
(d) To match public and private moneys available from other
sources for purposes of production of low or very low income
housing; or
(e) For purposes of administration of the account, not to
exceed five percent of the account investment revenue.
(3) The department shall give preference in making grants or
loans to those entities that the department determines will:
(a) Provide the greatest number of low and very low income
housing units constructed, acquired or rehabilitated for the
amount of account investment revenue expended by matching account
investment revenue with other grant, loan or eligible in-kind
contributions;
(b) Ensure the longest use for the units as low or very low
income housing units; or
(c) Include social services to occupants of the proposed
housing, including but not limited to, programs that address home
health care, mental health care, alcohol and drug treatment and
post-treatment care, child care and case management.
Enrolled Senate Bill 83 (SB 83-A) Page 214
(4) Account investment revenue derived in any calendar year may
be used to construct, acquire or rehabilitate housing for low and
very low income persons but not more than 25 percent of the
account investment revenue derived in any calendar year may be
used to construct, acquire or rehabilitate housing for low income
households. Account investment revenue not disbursed by the
department as grants or loans to construct, acquire or
rehabilitate low or very low income housing may be retained and
credited as account principal.
(5) Loans disbursed from account investment revenue shall bear
an interest rate equal to the interest rate paid on United States
Treasury long-term obligations as identified by the department.
SECTION 268. ORS 458.650 is amended to read:
458.650. (1) The Emergency Housing Account shall be
administered by the Housing and Community Services Department to
assist homeless persons and those persons who are at risk of
becoming homeless. For purposes of this section, 'account' means
the Emergency Housing Account.
(2) The State Housing Council shall develop policy for giving
grants to organizations that shall use the funds to provide to
low and very low income persons, including but not limited to,
persons more than 65 years of age, { - disabled - }
persons { + with disabilities + }, farmworkers and Native
Americans:
(a) Emergency shelters and attendant services;
(b) Transitional housing services designed to assist persons to
make the transition from homelessness to permanent housing and
economic independence;
(c) Supportive housing services to enable persons to continue
living in their own homes or to provide in-home services for such
persons for whom suitable programs do not exist in their
geographic area;
(d) Programs that provide emergency payment of home payments,
rents or utilities; or
(e) Some or all of the needs described in paragraphs (a) to (d)
of this subsection.
(3)(a) The council shall require as a condition of awarding a
grant that the organization demonstrate to the satisfaction of
the council that the organization has the capacity to deliver any
service proposed by the organization.
(b) Any funds granted under this section shall not be used to
replace existing funds. Funds granted under this section may be
used to supplement existing funds. An organization may use funds
to support existing programs or to establish new programs.
(c) The council, by policy, shall give preference in granting
funds to those organizations that coordinate services with those
programs established under ORS 458.625.
(4) The department may expend for administration of the account
no more than five percent of the account appropriation.
SECTION 269. ORS 458.655 is amended to read:
458.655. (1) The Home Ownership Assistance Account shall be
administered by the Housing and Community Services Department to
expand the state's supply of homeownership housing for low and
very low income families and individuals, including, but not
limited to, housing for persons over 65 years of age,
{ - disabled - } persons { + with disabilities + }, farmworkers
and Native Americans. The State Housing Council shall have a
policy of distributing funds statewide while concentrating funds
in those areas of the state with the greatest need, as determined
by the council, for low and very low income homeownership
Enrolled Senate Bill 83 (SB 83-A) Page 215
housing. However, the council's policy of distributing funds may
differ from the distribution policy for the Housing Development
and Guarantee Account.
(2) Funds in the Home Ownership Assistance Account shall be
granted to organizations, as defined in ORS 458.610 { - (5) - }
, that both sponsor and manage low income homeownership programs,
including lease-to-own programs, for the construction of new
homeownership housing or for the acquisition or rehabilitation of
existing structures for homeownership housing for persons of low
or very low income, or both.
(3) The council shall develop a policy for disbursing grants
for any or all of the following purposes:
(a) To aid low income homeownership programs, including program
administration, in purchasing land, providing assistance with
down payment costs, or providing homeownership training and
qualification services or any combination thereof. No Home
Ownership Assistance Account funds shall be used by an
organization for its general operations or for a substantial
portion of construction or rehabilitation costs;
(b) To match public and private moneys available from other
sources for purposes of the provision of low or very low income
homeownership housing; or
(c) To administer the Home Ownership Assistance Account, not to
exceed five percent of the revenue.
(4) The council, in developing policy under subsection (3) of
this section, shall give preference in making grants to those
entities that propose to:
(a) Provide the greatest number of low and very low income
homeownership housing units constructed, acquired or
rehabilitated for the amount of account money expended by
matching account funds with other grant, loan or eligible in-kind
contributions;
(b) Ensure the longest use for the units as low or very low
income homeownership housing units, such as by including some
form of equity recapture, as determined by the council; and
(c) Include social services for occupants and proposed
occupants of the proposed housing, including but not limited to,
programs that address home health care, mental health care,
alcohol and drug treatment and post-treatment care, child care,
homeownership training, mortgage qualification service, credit
repair and case management.
SECTION 270. ORS 471.752 is amended to read:
471.752. (1) An agent appointed under ORS 471.750 may
participate in a health benefit plan available to state employees
pursuant to ORS 243.105 to 243.285 at the expense of the agent
and may participate in the state deferred compensation plan
established under ORS 243.401 to 243.507. For such purposes,
agents shall be considered eligible state employees.
(2) A person who is the surviving spouse or child of a deceased
agent or the spouse or child of { - a disabled - } { + an + }
agent of the Oregon Liquor Control Commission { + who has a
disability + } shall be given preference in the appointment of a
successor agent, if otherwise qualified, the spouse having
greater preference. The experience of such applicant in the
business operation of the deceased { + agent + } or
{ - disabled - } { + the + } agent { + who has a
disability + } shall be the primary consideration in determining
the qualifications of the applicant.
SECTION 271. ORS 476.730 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 216
476.730. (1) The superintendent of each Department of
Corrections institution of this state and of each institution for
{ - the mentally ill - } { + persons with mental illness + }
shall, prior to the release, or immediately after the escape,
from such institution of any person committed to such institution
for arson or arsonist activity, notify the State Fire Marshal and
the Department of State Police except that such notice shall not
be required when such persons are on approved leave from such
institutions for periods of not to exceed 10 days. The notice
shall state the name of the person to be released or who has
escaped, the county in which the person was convicted or from
which the person was committed and, if known, the address or
locality at which the person will reside.
(2) Promptly upon receipt of the notice, the State Fire Marshal
and the Department of State Police shall notify respectively the
fire departments and rural fire protection districts who maintain
full-time personnel and the sheriff and police departments of the
county in which the person was convicted or from which the person
was committed and the county, if known, in which the person will
reside.
SECTION 272. ORS 479.250 is amended to read:
479.250. As used in ORS 479.250 to 479.300, unless the context
requires otherwise:
(1) 'Smoke alarm' means a self-contained single or multiple
station detection device for products of combustion other than
heat that conforms to the state building code, rules of the State
Fire Marshal and that is listed by Underwriters Laboratories or
any other nationally recognized testing laboratory. 'Smoke alarm'
includes but is not limited to devices listed under UL 217
(1998). 'Smoke alarm' may include two or more single station
units wired to operate in conjunction with each other.
(2) 'Smoke detector' means a device that is not self-contained,
that detects products of combustion other than heat, that is
intended for use in conjunction with a central control panel,
that conforms to the state building code and rules of the State
Fire Marshal and that is listed by Underwriters Laboratories or
any other nationally recognized testing laboratory. 'Smoke
detector' includes but is not limited to devices listed under UL
268 (1998).
(3) 'Door knock alerting device' or 'door knock device ' means
an approved electronic unit that alerts { - a hearing
impaired - } { + an + } occupant { + who is hard of hearing + }
of a knock on the door of the sleeping room that the
{ - hearing impaired - } person { + who is hard of hearing + }
is occupying.
(4) 'Dwelling unit' means a structure or part of a structure
providing complete, independent living facilities for one or more
persons including permanent provisions for sleeping, eating,
cooking and sanitation.
(5) 'Hotel' means any building containing six or more guest
rooms that are rented, hired out or made available on a regular
basis for sleeping purposes but are not used as a primary
residence.
(6) 'Landlord' means the owner, lessor or sublessor of the
rental dwelling unit or guest room in the building of which it is
a part.
(7) 'Lodging house' is any building or portion thereof
containing not more than five guest rooms that are made available
for sleeping purposes in exchange for compensation paid in money,
Enrolled Senate Bill 83 (SB 83-A) Page 217
goods, labor or other tender but are not used as a primary
residence.
(8) 'Smoke alarm for { - hearing impaired - } persons
{ + who are hard of hearing + } ' means an approved smoke alarm
that, when activated by smoke or products of combustion, produces
an audible and a visual warning. The visual warning shall produce
a light signal sufficient to warn a { - hearing impaired - }
person { + who is hard of hearing + } of the presence of fire or
smoke.
(9) 'State building code' shall have the meaning for that term
provided under ORS 455.010.
(10) 'Tenant' means a person entitled to occupy a dwelling unit
on a rental or lease basis.
SECTION 273. ORS 479.255 is amended to read:
479.255. (1) Every dwelling unit regulated under ORS chapter
90, every lodging house and every hotel guest room shall contain
an approved and properly functioning smoke alarm or smoke
detector, installed in accordance with the state building code
and rules of the State Fire Marshal.
(2) A hotel shall provide no fewer than one smoke alarm for
{ - hearing impaired - } persons { + who are hard of
hearing + } and one door knock device for each 75, or fraction
thereof, rooms of the hotel that are regularly used for sleeping.
(3) If a person renting a room in a hotel requests a room with
a smoke detector or a smoke alarm for { - hearing impaired - }
persons { + who are hard of hearing + } and a door knock device,
the landlord shall:
(a) Install a portable smoke alarm for { - hearing
impaired - } persons { + who are hard of hearing + } and a door
knock device; or
(b) Provide the person with a room in which a smoke detector or
smoke alarm for { - hearing impaired - } persons { + who are
hard of hearing + } and a door knock device have been permanently
installed.
(4) The landlord may require a guest to pay a refundable
deposit if the landlord provides the smoke alarm for
{ - hearing impaired - } persons { + who are hard of
hearing + } under subsection (3)(a) of this section.
(5) A hotel shall provide a printed notice of the requirements
of subsection (3) of this section, posted conspicuously at the
place of registration or in each guest room.
SECTION 274. ORS 479.297 is amended to read:
479.297. (1) All ionization smoke alarms sold in this state
that are solely battery-operated shall be packaged with a 10-year
battery.
(2) All ionization smoke alarms sold in this state shall
include a 'hush' mechanism that allows a person to temporarily
disengage the alarm for a period of not more than 15 minutes.
(3) The provisions of this section do not apply to:
(a) Smoke alarms specifically designed for { - hearing
impaired - } persons { + who are hard of hearing + };
(b) Smoke alarms sold in this state for shipment out of state;
or
(c) Smoke alarms sold for installation in recreational
vehicles, commercial vehicles, railroad equipment, aircraft,
marine vessels or manufactured dwellings.
(4) The sale of a recreational vehicle, commercial vehicle,
railroad equipment, aircraft, marine vessel or new manufactured
dwelling containing a smoke alarm does not constitute sale of a
smoke alarm.
Enrolled Senate Bill 83 (SB 83-A) Page 218
SECTION 275. ORS 480.225 is amended to read:
480.225. (1) A person is eligible for a certificate of
possession under ORS 480.235 if:
(a) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of a misdemeanor involving
violence, as defined in ORS 166.470, within the previous four
years. A person who has been so convicted is eligible under this
subsection following the expiration of seven years after the date
of final and unconditional discharge from all imprisonment,
probation and parole resulting from the conviction.
(b) The person has not been convicted, or found guilty except
for insanity under ORS 161.295, of, and is not under indictment
for, any felony.
(c) The person is not a fugitive from justice, has no
outstanding warrants for arrest and is not free on any form of
pretrial release for any offenses listed in paragraphs (a) and
(b) of this subsection.
(d) The person has not been { - adjudged - }
{ + determined + } to be mentally ill { - or mentally
deficient pursuant to ORS chapter 426 - } { + under ORS
426.130 + } and 430.397 to 430.401 or { - ORS chapter 427 - }
{ + mentally retarded under ORS 427.290 + }. A person who
previously has been so { - adjudged - } { + determined + } is
eligible under this subsection if, at the time of application for
such a certificate, the person produces a certified copy of a
full discharge from the proper state hospital. The Department of
Human Services shall provide the State Fire Marshal with direct
electronic access to the department's database of information
identifying persons meeting the criteria of this section who were
committed or subject to an order under ORS 426.130. The State
Fire Marshal and the Department of Human Services shall enter
into an agreement describing the access to information under this
subsection.
(e) The person is at least 21 years of age.
(f) The person does not use a fictitious name or make a
material misrepresentation in application for such a certificate.
(g)(A) The person has not been convicted of, and is not under
indictment for, a criminal offense involving a controlled
substance as defined in ORS 475.005, other than the offense of
driving under the influence of intoxicants.
(B) Notwithstanding subparagraph (A) of this paragraph, a
person who has had a certificate denied or revoked due to
conviction of a criminal offense involving a controlled substance
is eligible under this section following the expiration of seven
years after the date of final and unconditional discharge from
all imprisonment, probation and parole resulting from the
conviction.
(h) The person has been discharged from the jurisdiction of the
juvenile court for more than four years for an act that, if
committed by an adult, would constitute a felony or a misdemeanor
involving violence, as defined in ORS 166.470.
(i) The person is not the subject of a restraining order that
alleges the person's possession of explosives presents a credible
threat to another person.
(j) The person has passed an examination administered by the
State Fire Marshal that assesses the person's knowledge of safety
in the transportation and storage of explosives as required under
federal and state laws and regulations pertaining to explosives.
The State Fire Marshal shall examine each applicant prior to
issuance of a certificate of possession to the applicant. The
Enrolled Senate Bill 83 (SB 83-A) Page 219
State Fire Marshal may by rule establish and collect an
examination fee in an amount necessary to cover the cost of
administering the examination.
(k) The person certifies on the application for a certificate
of possession that all explosives in the person's possession will
be used, stored and transported in accordance with federal, state
and local requirements.
(L) The person certifies that all explosives will be possessed,
used, stored and transported in accordance with federal, state
and local requirements.
(2) Subsection (1)(a) and (b) of this section does not apply to
a conviction or indictment that has been expunged from a person's
record under the laws of this state or equivalent laws of another
jurisdiction.
SECTION 276. ORS 480.315 is amended to read:
480.315. The Legislative Assembly declares that, except as
provided in ORS 480.345 to 480.385, it is in the public interest
to maintain a prohibition on the self-service dispensing of Class
1 flammable liquids at retail. The Legislative Assembly finds and
declares that:
(1) The dispensing of Class 1 flammable liquids by dispensers
properly trained in appropriate safety procedures reduces fire
hazards directly associated with the dispensing of Class 1
flammable liquids;
(2) Appropriate safety standards often are unenforceable at
retail self-service stations in other states because cashiers are
often unable to maintain a clear view of and give undivided
attention to the dispensing of Class 1 flammable liquids by
customers;
(3) Higher liability insurance rates charged to retail
self-service stations reflect the dangers posed to customers when
they leave their vehicles to dispense Class 1 flammable liquids,
such as the increased risk of crime and the increased risk of
personal injury resulting from slipping on slick surfaces;
(4) The dangers of crime and slick surfaces described in
subsection (3) of this section are enhanced because Oregon's
weather is uniquely adverse, causing wet pavement and reduced
visibility;
(5) The dangers described in subsection (3) of this section are
heightened when the customer is a senior citizen or { - is
disabled - } { + has a disability + }, especially if the
customer uses a mobility aid, such as a wheelchair, walker, cane
or crutches;
(6) Attempts by other states to require the providing of aid to
senior citizens and { - the disabled - } { + persons with
disabilities + } in the self-service dispensing of Class 1
flammable liquids at retail have failed, and therefore, senior
citizens and { - the disabled - } { + persons with
disabilities + } must pay the higher costs of full service;
(7) Exposure to toxic fumes represents a health hazard to
customers dispensing Class 1 flammable liquids;
(8) The hazard described in subsection (7) of this section is
heightened when the customer is pregnant;
(9) The exposure to Class 1 flammable liquids through
dispensing should, in general, be limited to as few individuals
as possible, such as gasoline station owners and their employees
or other trained and certified dispensers;
(10) The typical practice of charging significantly higher
prices for full-service fuel dispensing in states where
self-service is permitted at retail:
Enrolled Senate Bill 83 (SB 83-A) Page 220
(a) Discriminates against customers with lower incomes, who are
under greater economic pressure to subject themselves to the
inconvenience and hazards of self-service;
(b) Discriminates against customers who are elderly or
{ - handicapped - } { + have disabilities + } who are unable
to serve themselves and so must pay the significantly higher
prices; and
(c) Increases self-service dispensing and thereby decreases
maintenance checks by attendants, which results in neglect of
maintenance, endangering both the customer and other motorists
and resulting in unnecessary and costly repairs;
(11) The increased use of self-service at retail in other
states has contributed to diminishing the availability of
automotive repair facilities at gasoline stations;
(12) Self-service dispensing at retail in other states does not
provide a sustained reduction in fuel prices charged to
customers;
(13) A general prohibition of self-service dispensing of Class
1 flammable liquids by the general public promotes public welfare
by providing increased safety and convenience without causing
economic harm to the public in general;
(14) Self-service dispensing at retail contributes to
unemployment, particularly among young people;
(15) Self-service dispensing at retail presents a health hazard
and unreasonable discomfort to { - the handicapped - } { +
persons with disabilities + }, { - to - } elderly persons,
small children and those susceptible to respiratory diseases;
(16) The federal Americans with Disabilities Act, Public Law
101-336, requires that equal access be provided to
{ - disabled - } persons { + with disabilities + } at retail
gasoline stations; and
(17) Small children left unattended when customers leave to
make payment at retail self-service stations creates a dangerous
situation.
SECTION 277. ORS 497.121 is amended to read:
497.121. (1) The State Fish and Wildlife Commission is
authorized to issue, upon application, to persons desiring to
angle for fish or take shellfish the following licenses and tags
and shall charge therefor the following fees:
(a) Resident annual angling license, $21.
(b) Nonresident annual angling license, $54.75.
(c) Nonresident angling license to angle for seven consecutive
days, $39.50.
(d) Angling license to angle for one day, $9.25.
(e) Resident annual juvenile angling license for persons 14
through 17 years of age, $4.
(f) Resident annual shellfish license, $5.
(g) Nonresident annual shellfish license, $15.
(h) Nonresident three-day shellfish license, $7.50.
(i) Resident pioneer angling license for persons 65 years of
age or older who have resided in the state for not less than 50
years prior to the date of application, free.
(j) Resident annual senior citizen angling license for persons
70 years of age or older who have resided in the state for not
less than five years prior to the date of application, one-half
the fee imposed under paragraph (a) of this subsection for a
resident annual angling license.
(k) Resident disabled war veteran angling license for a person
who files with the commission written proof that the last
official certification of record by the United States Department
Enrolled Senate Bill 83 (SB 83-A) Page 221
of Veterans Affairs or by any branch of the Armed Forces of the
United States shows the person to be at least 25 percent
disabled, free.
(L) Annual tag to angle for salmon, steelhead trout, sturgeon
and halibut, $20.
(m) Annual tag for persons under 18 years of age to angle for
salmon, steelhead trout, sturgeon and halibut, $5.
(n) Renewable tag to angle for hatchery salmon and steelhead,
$10.50.
(2) Any person who holds a valid permanent angling license for
{ - blind - } persons { + who are blind + } or a permanent
angling license for persons in a wheelchair issued by the
commission before January 1, 2000, need not obtain a resident
annual angling license under this section.
(3) The annual tags to angle for salmon, steelhead trout,
sturgeon and halibut referred to in subsection (1)(L), (m) and
(n) of this section are in addition to and not in lieu of the
angling licenses required by the wildlife laws. However, an
annual tag to angle for salmon, steelhead trout, sturgeon and
halibut is not required of a person who holds a valid angling
license referred to in subsection (1)(c) or (d) of this section.
SECTION 278. ORS 498.136 is amended to read:
498.136. (1) Except as provided in subsection (2) of this
section, { - no - } { + a + } person { - shall - } { +
may not + } hunt wildlife from a motor-propelled vehicle.
(2) The State Fish and Wildlife Commission, by rule, may
authorize hunting from a motor-propelled vehicle by a person with
a disability or for the purpose of alleviating damage by wildlife
to other resources.
(3) { + (a) + } Nothing in the wildlife laws, or rules adopted
pursuant thereto, is intended to prohibit the
{ - able-bodied - } companion of a person with a disability who
is lawfully hunting from a motor-propelled vehicle from killing
an animal wounded by the { - disabled - } person and applying
{ - thereto - } { + to the animal + } the tag issued to
{ - such disabled - } { + the + } person for the taking of
{ - such an - } { + the + } animal, even if { - that
able-bodied person - } { + the companion + } has already
validated any tag required for the taking of such an animal.
{ + (b) For purposes of this subsection, 'companion' means a
person who does not have a disability. + }
SECTION 279. ORS 498.170 is amended to read:
498.170. (1) A person who { - is not visually impaired - }
{ + does not have a visual impairment + } and who accompanies a
hunter who possesses a visually impaired hunter license may:
(a) Assist the hunter in selecting a game animal or bird;
(b) Assist the aiming or sighting of a firearm;
(c) Advise the hunter when to fire a firearm;
(d) Shoot a game animal or bird on behalf of the hunter while
in the immediate presence of the hunter; and
(e) Tag and retrieve game animals and birds on behalf of the
hunter.
(2) The person accompanying a hunter who { - is visually
impaired - } { + has a visual impairment + } shall be required
to possess a valid hunting license. The person accompanying a
{ - visually impaired - } hunter { + who has a visual
impairment + } may also hunt game animals or birds if the person
possesses the appropriate tags, permits and stamps for the area
and time period.
Enrolled Senate Bill 83 (SB 83-A) Page 222
(3) A hunter who possesses a visually impaired hunter license
must comply with all other tag, permit and stamp requirements of
the State Fish and Wildlife Commission and applicable hunting
laws.
(4) As used in this section, { - ' visually impaired
hunter' - } { + ' hunter who has a visual impairment' + }
means a person who files proof with the commission that the
person's central visual acuity does not exceed 20/200 in the
better eye with best correction or that the person's visual
acuity, if better than 20/200, is accompanied by a limit to the
field of vision to such a degree that its widest diameter
subtends an angle of no greater than 20 degrees.
SECTION 280. ORS 609.100 is amended to read:
609.100. (1) In a county, precinct or city having a dog control
program under ORS 609.030, 609.035 to 609.110 and 609.405, every
person keeping a dog that has a set of permanent canine teeth or
is six months old, whichever comes first, shall procure a license
for the dog. The license must be procured by paying a license fee
to the county in which the person resides not later than March 1
of each year or within 30 days after the person becomes keeper of
the dog. However, the county governing body may provide for dates
other than March 1 for annual payment of fees. The fee for the
license shall be determined by the county governing body in such
amount as it finds necessary to carry out ORS 609.035 to 609.110.
A license fee shall not be less than $25 for each dog, except
that the fee shall not be less than $3 for each spayed female or
neutered male dog for which a veterinarian's certificate of
operation for the spaying or neutering of the dog is presented to
the county. If the person fails to procure a license within the
time provided by this section, the county governing body may
prescribe a penalty in an additional sum to be set by the
governing body.
(2) The county shall, at the time of issuing a license, supply
the licensee, without charge, with a suitable identification tag,
which shall be fastened by the licensee to a collar and kept on
the dog at all times when not in the immediate possession of the
licensee.
(3) The license fees in subsection (1) of this section do not
apply to dogs that are kept primarily in kennels and are not
permitted to run at large. The county governing body may
establish a separate license for dogs that are kept primarily in
kennels when the dogs cease to be considered inventory under ORS
307.400, the fee for which shall not exceed $5 per dog.
(4) { - No - } { + A + } license fee { - shall be - }
{ + is not + } required to be paid for any dog kept by a
{ - blind - } person { + who is blind and + } who uses
{ - it - } { + the dog + } as a guide. A license shall be
issued for such dog upon the { - blind person's - } filing
{ + by the person who is blind + } of an affidavit with the
county showing that the dog qualifies for exemption.
(5) The county shall keep a record of dog licenses.
(6) Notwithstanding any other provision of this section or ORS
609.015, when the keeper of a dog obtains a license for the dog,
that license is valid and is in lieu of a license for the dog
required by any other city or county within this state, for the
remainder of the license period:
(a) If the keeper of the dog changes residence to a city or
county other than the city or county in which the license was
issued; or
Enrolled Senate Bill 83 (SB 83-A) Page 223
(b) If the keeper of the dog transfers the keeping of the dog
to a person who resides in a city or county other than the city
or county in which the license was issued.
SECTION 281. ORS 646.482 is amended to read:
646.482. As used in ORS 646.482 to 646.498:
(1) 'Assistive device' or 'device' means:
(a) Wheelchairs and scooters of any kind, including other aids
that enhance the mobility or positioning of an individual using a
wheelchair or scooter of any kind, such as motorization,
motorized positioning features and the switches and controls for
any motorized features; and
(b) Hearing aids as defined in ORS 694.015.
(2) 'Assistive device system' means a system of assistive
devices. An 'assistive device system' may be a single assistive
device, or each component part of the assistive device system may
be considered a separate assistive device.
(3) 'Authorized dealer' means a dealer authorized by a
manufacturer to sell or lease assistive devices manufactured or
assembled by the manufacturer.
(4) 'Collateral costs' means expenses incurred by a consumer in
connection with the repair of a nonconformity, including the cost
of delivering the assistive device to the manufacturer or dealer
for repair and obtaining an alternative device if no loaner was
offered.
(5) 'Consumer' means any of the following:
(a) The purchaser of an assistive device, if the device was
purchased from a dealer or manufacturer for purposes other than
resale;
(b) A person to whom the assistive device is transferred for
purposes other than resale, if the transfer occurs before the
expiration of an express warranty applicable to the device;
(c) A person who may enforce the warranty; or
(d) A person who leases an assistive device from a dealer under
a written lease.
(6) 'Current value of the written lease' means the total amount
for which the lease obligates the consumer during the period of
the lease remaining after its early termination, plus the
dealer's early termination costs and the market value of the
assistive device at the lease expiration date if the lease sets
forth that market value, less the dealer's early termination
savings.
(7) 'Dealer' means a person who is in the business of selling
or leasing assistive devices.
(8) 'Demonstrator' means an assistive device that would be new
but for its use, since its manufacture, only for the purpose of
demonstrating the device to the public or prospective buyers or
lessees.
(9) 'Early termination cost' means any expense or obligation
that a dealer incurs as a result of both the termination of a
written lease before the termination date set forth in the lease
and the return of an assistive device to a manufacturer under ORS
646.486 (4). 'Early termination cost ' includes a penalty for
prepayment under a finance arrangement.
(10) 'Early termination savings' means any expense or
obligation that a dealer avoids as a result of both the
termination of a written lease before the termination date set
forth in the lease and the return of an assistive device to a
manufacturer under ORS 646.486 (4). 'Early termination savings '
includes the interest charge that the dealer would have paid to
finance the device or, if the dealer does not finance the device,
Enrolled Senate Bill 83 (SB 83-A) Page 224
the difference between the total amount for which a lease
obligates the consumer during the period of the lease term
remaining after the early termination and the present market
value of that amount at the date of the early termination.
(11) 'Individual with a disability' means any individual who is
considered to have a mental or physical disability { - , - }
{ + or + } impairment { - or handicap - } for the purposes of
any law of this state or of the United States, including any
rules or regulations adopted under those laws.
(12) 'Loaner' means an assistive device, provided to the
consumer for use by the user free of charge, that need not be new
or be identical to or have functional capabilities equal to or
greater than those of the original assistive device, but that
meets the following conditions:
(a) It is in good working order;
(b) It performs at a minimum the most essential functions of
the original assistive device, in light of the
{ - disabilities - } { + disability + } of the user; and
(c) Any differences between it and the original assistive
device do not create a threat to safety.
(13) 'Manufacturer' means a person who manufactures or
assembles assistive devices and agents of that person, including
an importer, a distributor, factory branch, distributor branch
and any warrantor of the manufacturer's device, but does not
include a dealer.
(14)(a) 'Nonconformity' means a condition or defect that
substantially impairs the use, market value or safety of an
assistive device and that is covered by an express warranty
applicable to the device or to a component of the device.
(b) 'Nonconformity' does not include a condition or defect
that:
(A) Is the result of abuse or neglect of the device by a
consumer;
(B) Is the result of an unauthorized modification or alteration
of the device by a consumer if the modification or alteration
substantially affects the performance of the device; or
(C) For hearing aids, is the result of normal use of the
hearing aid and when the condition or defect could be resolved
through fitting adjustments, cleaning or proper care.
(15)(a) 'Reasonable allowance for use' means:
(A) When an assistive device has been sold to a consumer, no
more than the amount obtained by multiplying the full purchase
price of the device by a fraction, the denominator of which is
the number of days in the useful life of the device and the
numerator of which is the number of days that the device was used
before the consumer first reported the nonconformity to the
manufacturer or any authorized dealer.
(B) When an assistive device has been leased to a consumer, no
more than the amount obtained by multiplying the total amount for
which the written lease obligates the consumer by a fraction, the
denominator of which is the useful life of the device and the
numerator of which is the number of days that the device was used
before the consumer first reported the nonconformity to the
manufacturer or any authorized dealer.
(b) As used in this subsection, the useful life of the
assistive device is the greater of:
(A) Five years; or
(B) Such other time that the consumer may prove to be the
expected useful life of assistive devices of the same kind.
Enrolled Senate Bill 83 (SB 83-A) Page 225
(16) 'Reasonable attempt to repair' means, within the terms of
an express warranty applicable to an assistive device:
(a) The same nonconformity is subject to repair at least two
times by the manufacturer or any authorized dealer and the
nonconformity continues; or
(b) The assistive device is out of service, by reason of repair
or correction, for an aggregate of at least 30 days after
notification to the manufacturer or any authorized dealer because
of the nonconformity.
(17) 'User' means an individual with a disability who, by
reason thereof, needs and actually uses the assistive device.
SECTION 282. ORS 653.030 is amended to read:
653.030. The Commissioner of the Bureau of Labor and Industries
shall issue rules prescribing the employment of other types of
persons at fixed minimum hourly wage rates lower than the minimum
wage rate required by ORS 653.025, when the commissioner has
determined that the application of ORS 653.025 would
substantially curtail opportunities for employment for specific
types of persons. The types of persons for whom a minimum hourly
wage rate may be set are limited to persons { - who are
mentally or physically handicapped - } { + with mental or
physical disabilities + } or who are student-learners, as defined
in ORS 653.070.
SECTION 283. ORS 653.269 is amended to read:
653.269. The provisions of ORS 653.268 relating to pay for
overtime shall not apply to:
(1) Labor employed in forest fire fighting.
(2) Employees of any irrigation system district actually
engaged in the distribution of water for irrigation or domestic
use.
(3) Employees of a public employer, as defined in ORS 243.650,
who are employed in fire protection or law enforcement
activities, including security personnel in corrections
institutions, as those employees and activities are defined by
rule of the Commissioner of the Bureau of Labor and Industries.
(4) Employees of a people's utility district organized under
ORS chapter 261.
(5) Employees exempted from overtime:
(a) By a public employer as defined in ORS 243.650 because of
the executive, administrative, supervisory or professional nature
of their employment as the nature of such employment is defined
by rule of the Commissioner of the Bureau of Labor and
Industries; or
(b) By a collective bargaining agreement expressly waiving
application of ORS 653.268.
(6) Employees of a public employer as defined in ORS 243.650
engaged in the operation of a hospital or an establishment that
is an institution primarily engaged in the care of { - the
sick, the aged, or the mentally ill or defective - }
{ + persons who are sick or aged or have mental illness or
mental retardation and + } who reside on the premises if, before
performance of the work and pursuant to an agreement between the
employer and employee or between the employer and the bargaining
representative of the employees when the employees are
represented under a collective bargaining agreement, a work
period of 14 consecutive days is accepted in lieu of the workweek
of seven consecutive days for purposes of overtime computation
and if, for the employee's employment in excess of eight hours in
any workday and in excess of 80 hours in such 14-day period, the
Enrolled Senate Bill 83 (SB 83-A) Page 226
employee receives compensation at a rate not less than one and
one-half times the rate at which the employee is employed.
(7) Members of the organized militia while on state active duty
in accordance with ORS 399.075.
SECTION 284. ORS 655.515 is amended to read:
655.515. If an inmate sustains an injury as described in ORS
655.510, benefits shall be delivered in a manner similar to that
provided for injured workers under the workers' compensation laws
of this state, except that:
(1) No benefits, except medical services and any occupational
training or rehabilitation services provided by the Department of
Corrections, shall accrue to the inmate until the date of release
from confinement and shall be based upon the condition of the
inmate at that time.
(2) Benefits shall be discontinued during any subsequent period
of reconfinement in a penal institution.
(3) Costs of rehabilitation services to { - disabled - }
inmates { + with disabilities + } shall be paid out of the
Insurance Fund established under ORS 278.425 in an amount
approved by the Oregon Department of Administrative Services,
which shall be the reasonable and necessary cost of such
services.
(4) Medical services when the inmate is confined in a
Department of Corrections facility shall be those provided by the
Department of Corrections. After release, medical services shall
be paid only if necessary to the process of recovery and as
prescribed by the attending practitioner. No medical services may
be paid after the attending practitioner has determined that the
inmate is medically stationary other than for reasonable,
periodic repair or replacement of prosthetic appliances. The
department, by rule, may require that medical and rehabilitation
services after release must be provided directly by the state or
its contracted managed care organization.
SECTION 285. ORS 656.033 is amended to read:
656.033. (1) All persons participating as trainees in a work
experience program or school directed professional education
project of a school district as defined in ORS 332.002 in which
such persons are enrolled, including { - mentally retarded - }
persons { + with mental retardation + } in training programs,
are considered as workers of the district subject to this chapter
for purposes of this section. Trainees placed in a work
experience program with their resident school district as the
training employer shall be subject workers under this section
when the training and supervision are performed by
noninstructional personnel.
(2) A school district conducting a work experience program or
school directed professional education project shall submit a
written statement to the insurer, or in the case of
self-insurers, the Director of the Department of Consumer and
Business Services, that includes a description of the work to be
performed by such persons and an estimate of the total number of
persons enrolled.
(3) The premium cost for coverage under this section shall be
based on an assumed hourly wage which is approved by the Director
of the Department of Consumer and Business Services. Such assumed
wage is to be used only for calculation purposes under this
chapter and without regard to ORS chapter 652 or ORS 653.010 to
653.545 and 653.991. A self-insured district shall submit such
assumed wage rates to the director. If the director finds that
Enrolled Senate Bill 83 (SB 83-A) Page 227
the rates are unreasonable, the director may fix appropriate
rates to be used for purposes of this section.
(4) The school district shall furnish the insurer, or in the
case of self-insurers, the director, with an estimate of the
total number of persons enrolled in its work experience program
or school directed professional education project and shall
notify the insurer or director of any significant changes
therein. Persons covered under this section are entitled to the
benefits of this chapter. However, such persons are not entitled
to benefits under ORS 656.210 or 656.212. They are entitled to
such benefits if injured as provided in ORS 656.156 and 656.202
while performing any duties arising out of and in the course of
their participation in the work experience program or school
directed professional education project, provided the duties
being performed are among those:
(a) Described on the application of the school district; and
(b) Required of similar full-time paid employees.
(5) The filing of claims for benefits under this section is the
exclusive remedy of a trainee or a beneficiary of the trainee for
injuries compensable under this chapter against the state, its
political subdivisions, the school district board, its members,
officers and employees, or any employer, regardless of
negligence.
(6) The provisions of this section shall be inapplicable to any
trainee who has earned wages for such employment.
(7) As used in this section, 'school directed professional
education project' means an on-campus or off-campus project
supervised by school personnel and which is an assigned activity
of a local professional education program approved pursuant to
operating procedures of the State Board of Education. A school
directed professional education project must be of a practicum
experience nature, performed outside of a classroom environment
and extending beyond initial instruction or demonstration
activities. Such projects are limited to logging, silvicultural
thinning, slash burning, fire fighting, stream enhancement,
woodcutting, reforestation, tree surgery, construction, printing
and manufacturing involving formed metals.
(8) Notwithstanding subsection (1) of this section, a school
district may elect to make trainees subject workers under this
chapter for school directed professional education projects not
enumerated in subsection (7) of this section by making written
request to the district's insurer, or in the case of a
self-insured district, the director, with coverage to begin no
sooner than the date the request is received by the insurer or
director. The request for coverage shall include a description of
the work to be performed under the project and an estimate of the
number of participating trainees. The insurer or director shall
accept a request that meets the criteria of this section.
SECTION 286. ORS 656.628 is amended to read:
656.628. (1) There is established a { - Handicapped - }
Workers { + with Disabilities + } Program for the benefit of
complying employers and their workers. The purpose of the program
is to encourage the employment or reemployment of
{ - handicapped - } workers { + with disabilities + }.
(2) As used in this section, ' { - handicapped - }
worker { + with a disability + } ' means a worker who { - is
afflicted with or - } { + has or is + } subject to any
permanent physical or mental impairment, whether congenital or
due to an injury or disease, including periodic impairment of
consciousness or muscular control of such character that the
Enrolled Senate Bill 83 (SB 83-A) Page 228
impairment would prevent the worker from obtaining or retaining
employment.
(3) Any employer of a worker who claims or has received
compensation under this chapter, or whose dependents have claimed
or received such compensation, may file an application with the
Director of the Department of Consumer and Business Services
requesting the director to make the determinations referred to in
subsection (4) of this section.
(4) When the director receives a request referred to in
subsection (3) of this section, the director shall determine:
(a) Whether the injured worker was a { - handicapped - }
worker { + with a disability + } and whether the injury,
disease or death sustained by the worker would not have been
sustained except for the { - handicap - } { + disability + };
or
(b) Whether the injured worker was a { - handicapped - }
worker { + with a disability + } and whether the injury,
disease or death sustained by the worker would have been
sustained without regard to the { - handicap - }
{ + disability + } but that:
(A) Any resulting disability was substantially greater by
reason of the { - handicap - } { + disability + }; or
(B) The { - handicap - } { + disability + } contributed
substantially to the worker's death; and
(C) Whether the injury, disease or death of the worker would
not have occurred except for the act or omission of a
{ - handicapped - } worker { + with a disability + } employed
by the same employer and that the act or omission of the
{ - handicapped - } worker { + with a disability + } would
not have occurred except for the
{ - handicapped worker's - } impairment { + of the worker
with a disability + }.
(5) If the director determines that any of the conditions
described in subsection (4) of this section exist, the director
may reimburse the paying agency for compensation amounts in
excess of $1,000 per claimant for all subsequent injuries
throughout the claimant's working career, paid as the result of
the condition.
(6) The reimbursement paid from the Workers' Benefit Fund
{ - shall - } { + may + } not be included in any data used
for rate making or individual employer rating or dividend
calculations by a guaranty contract insurer, a rating
organization licensed pursuant to ORS chapter 737, the State
Accident Insurance Fund Corporation or the Department of Consumer
and Business Services.
(7) Notwithstanding any other provision of law:
(a) Any reimbursement to employers under the
{ - Handicapped - } Workers { + with Disabilities + } Program
shall be in such amounts as the director prescribes and only to
the extent of moneys available in the Workers' Benefit Fund as
determined by the director.
(b) Determinations made by the director regarding reimbursement
from the Workers' Benefit Fund for the purposes of this section
are not subject to review by any court or administrative body.
(c) After a determination has been made by the director that an
employer will receive reimbursement from the Workers' Benefit
Fund, any settlement of the claim by the parties is void unless
made with the written approval of the director.
(8) The director by rule shall prescribe the form and manner of
requesting determinations under this section, the amount of
Enrolled Senate Bill 83 (SB 83-A) Page 229
reimbursement payable and such other matters as may be necessary
for the administration of this section.
SECTION 287. ORS 657A.120 is amended to read:
657A.120. Services offered by resource and referral agencies
shall include but are not limited to assistance for:
(1) Parents in locating available and appropriate child care,
including counseling on how to choose a quality arrangement and
sources of subsidies for low income families;
(2) Parents in locating child care during nontraditional work
hours;
(3) Parents of { - handicapped - } children { + with
disabilities + } in locating available and appropriate child care
and respite care services;
(4) Parents in locating child care for ill children;
(5) Providers of child care programs in acquiring clients for
their services;
(6) Providers of child care programs in upgrading the quality
of services offered and business operation;
(7) Communities in assessing and recruiting for underserved
needs; and
(8) Employers in providing assistance to employees in locating
or providing child care.
SECTION 288. ORS 658.019 is amended to read:
658.019. (1) ORS 658.005 to 658.245 do not apply to a
rehabilitation services agency.
(2) As used in this section:
(a) A 'rehabilitation services agency' means an individual,
partnership or corporation that:
(A) Holds itself out to the public as such;
(B) Is certified by the Department of Consumer and Business
Services to perform rehabilitation services pursuant to ORS
chapter 656;
(C) Exclusively provides services to clients who are injured
workers or { - physically or mentally disabled - }
individuals { + with physical or mental disabilities + }; and
(D) Receives the major portion of the fee for services to the
clients from a government agency, an insurer, self-insured
employer or person other than the client.
(b) 'Services to the client' may include, but are not limited
to medical evaluation, physical rehabilitation, vocational
rehabilitation, employment counseling, job analysis, job site
modification, job placement, on-the-job training or other short
term training program.
SECTION 289. ORS 659A.100 is amended to read:
659A.100. (1) As used in ORS 659A.100 to 659A.145, unless the
context requires otherwise:
{ - (a) 'Disabled person' means an individual who has a
physical or mental impairment that substantially limits one or
more major life activities, has a record of such an impairment or
is regarded as having such an impairment. - }
{ - (b) - } { + (a) + } 'Drug' means a controlled
substance, as classified in schedules I through V of section 202
of the Controlled Substances Act, 21 U.S.C.A. 812, as amended,
and as modified under ORS 475.035.
{ - (c) - } { + (b) + } 'Illegal use of drugs' means any
use of drugs, the possession or distribution of which is unlawful
under state law or under the Controlled Substances Act, 21
U.S.C.A. 812, as amended, but does not include the use of a drug
taken under supervision of a licensed health care professional,
Enrolled Senate Bill 83 (SB 83-A) Page 230
or other uses authorized under the Controlled Substances Act or
under other provisions of state or federal law.
{ + (c) 'Person with a disability' means an individual who
has a physical or mental impairment that substantially limits one
or more major life activities, has a record of such an impairment
or is regarded as having such an impairment. + }
(d) 'State government' has the meaning given that term in ORS
174.111.
(2) As used in subsection (1) of this section:
(a) 'Major life activity' includes but is not limited to
self-care, ambulation, communication, transportation, education,
socialization, employment and ability to acquire, rent or
maintain property.
(b) 'Has a record of such an impairment' means that the
individual has a history of, or has been misclassified as having,
a mental or physical impairment that substantially limits one or
more major life activities.
(c) 'Is regarded as having such an impairment' means that the
individual:
(A) Has a physical or mental impairment that does not
substantially limit major life activities but is treated by an
employer or supervisor as having such a limitation;
(B) Has a physical or mental impairment that substantially
limits major life activities only as a result of the attitude of
others toward such impairment; or
(C) Has none of the impairments described in subparagraph (A)
or (B) of this paragraph, but is treated by an employer or
supervisor as having a mental or physical impairment that
substantially limits one or more major life activities.
(d) 'Substantially limits' means:
(A) The impairment renders the individual unable to perform a
major life activity that the average person in the general
population can perform; or
(B) The impairment significantly restricts the condition,
manner or duration under which an individual can perform a
particular major life activity as compared to the condition,
manner or duration under which the average person in the general
population can perform the same major life activity.
SECTION 290. ORS 659A.103 is amended to read:
659A.103. (1) It is declared to be the public policy of Oregon
to guarantee { - disabled - } persons { + with
disabilities + } the fullest possible participation in the social
and economic life of the state, to engage in remunerative
employment, to use and enjoy places of public accommodation,
resort or amusement, to participate in and receive the benefits
of the services, programs and activities of state government and
to secure housing accommodations of their choice, without
discrimination.
(2) The right to otherwise lawful employment without
discrimination because of disability where the reasonable demands
of the position do not require such a distinction, and the right
to use and enjoy places of public accommodation, resort or
amusement, to participate in and receive the benefits of the
services, programs and activities of state government and to
purchase or rent property without discrimination because of
disability, are hereby recognized and declared to be the rights
of all the people of this state. It is hereby declared to be the
policy of the State of Oregon to protect these rights and ORS
659A.100 to 659A.145 shall be construed to effectuate such
policy.
Enrolled Senate Bill 83 (SB 83-A) Page 231
SECTION 291. ORS 659A.112 is amended to read:
659A.112. (1) It is an unlawful employment practice for any
employer to refuse to hire, employ or promote, to bar or
discharge from employment or to discriminate in compensation or
in terms, conditions or privileges of employment because an
otherwise qualified person is a { - disabled - } person { +
with a disability + }.
(2) An employer violates subsection (1) of this section if the
employer does any of the following:
(a) The employer limits, segregates or classifies a job
applicant or employee in a way that adversely affects the
opportunities or status of the applicant or employee because the
applicant or employee is a { - disabled - } person { + with a
disability + }.
(b) The employer participates in a contractual or other
arrangement or relationship that has the effect of subjecting an
otherwise qualified job applicant or employee who is a
{ - disabled - } person { + with a disability + } to the
discrimination prohibited by ORS 659A.112 to 659A.139, including
but not limited to participating in a relationship with an
employment or referral agency, a labor union, an organization
providing fringe benefits to an employee of the employer, or an
organization providing training and apprenticeship programs.
(c) The employer utilizes standards, criteria or methods of
administration that have the effect of discrimination on the
basis of disability, or that perpetuate the discrimination of
others who are subject to common administrative control.
(d) The employer excludes or otherwise denies equal jobs or
benefits to an otherwise qualified person because the person is
known to have a relationship or association with a
{ - disabled - } person { + with a disability + }.
(e) The employer does not make reasonable accommodation to the
known physical or mental limitations of an otherwise qualified
{ - disabled - } person { + with a disability + } who is a
job applicant or employee, unless the employer can demonstrate
that the accommodation would impose an undue hardship on the
operation of the business of the employer.
(f) The employer denies employment opportunities to a job
applicant or employee who is an otherwise qualified
{ - disabled - } person { + with a disability + }, if the
denial is based on the need of the employer to make reasonable
accommodation to the physical or mental impairments of the
employee or applicant.
(g) The employer uses qualification standards, employment tests
or other selection criteria that screen out or tend to screen out
a { - disabled - } person { + with a disability + } or a
class of
{ - disabled - } persons { + with disabilities + } unless the
standard, test or other selection criterion, as used by the
employer, is shown to be job-related for the position in question
and is consistent with business necessity.
(h) The employer fails to select and administer tests relating
to employment in the most effective manner to ensure that when
the test is administered to a job applicant or employee who has a
disability that impairs sensory, manual or speaking skills, the
test results accurately reflect the skills, aptitude or other
characteristics of the applicant or employee that the test
purports to measure, rather than reflecting the impaired sensory,
manual or speaking skills of the employee or applicant. The
provisions of this paragraph do not limit the ability of an
Enrolled Senate Bill 83 (SB 83-A) Page 232
employer to select or administer tests designed to measure
sensory, manual or speaking skills of an employee or job
applicant.
SECTION 292. ORS 659A.115 is amended to read:
659A.115. For the purposes of ORS 659A.112, a
{ - disabled - } person { + with a disability + } is otherwise
qualified for a position if the person, with or without
reasonable accommodation, can perform the essential functions of
the position. For the purpose of determining the essential
functions of the position, due consideration shall be given to
the employer's determination as to the essential functions of a
position. If an employer has prepared a written description
before advertising or interviewing applicants for a job, the
position description shall be considered evidence of the
essential functions of the job.
SECTION 293. ORS 659A.118 is amended to read:
659A.118. (1) For the purposes of ORS 659A.112, reasonable
accommodation of an otherwise qualified { - disabled - }
person { + with a disability + } may include:
(a) Making existing facilities used by employees readily
accessible to and usable by { - disabled - } persons { + with
disabilities + }.
(b) Job restructuring, part-time or modified work schedules or
reassignment to a vacant position.
(c) Acquisition or modification of equipment or devices.
(d) Appropriate adjustment or modification of examinations,
training materials or policies.
(e) The provision of qualified readers or interpreters.
(2) Notwithstanding any other provision of ORS 659A.100 to
659A.145, an employer may not be found to have engaged in an
unlawful employment practice solely because the employer fails to
provide reasonable accommodation to a person with a disability
arising out of transsexualism.
SECTION 294. ORS 659A.130 is amended to read:
659A.130. (1) For the purposes of ORS 659A.112 to 659A.139,
homosexuality and bisexuality are not physical or mental
impairments. A person who is homosexual or bisexual is not a
{ - disabled - } person { + with a disability + } for the
purposes of ORS 659A.112 to 659A.139 solely by reason of being
homosexual or bisexual.
(2) For the purposes of ORS 659A.112 to 659A.139, the following
conditions are not physical or mental impairments, and a person
with one or more of the following conditions is not a
{ - disabled - } person { + with a disability + } for the
purposes of ORS 659A.112 to 659A.139 solely by reason of that
condition:
(a) Transvestism, pedophilia, exhibitionism, voyeurism or other
sexual behavior disorders.
(b) Compulsive gambling, kleptomania or pyromania.
(c) Psychoactive substance use disorders resulting from current
illegal use of drugs.
SECTION 295. ORS 659A.133 is amended to read:
659A.133. (1) Except as provided in this section, an employer
violates ORS 659A.112 if the employer conducts a medical
examination of a job applicant, makes inquiries of a job
applicant as to whether the applicant is a { - disabled - }
person { + with a disability + } or makes inquiries as to the
nature or severity of any disability of the applicant.
(2) An employer may make inquiries into the ability of a job
applicant to perform job-related functions.
Enrolled Senate Bill 83 (SB 83-A) Page 233
(3) An employer may require a medical examination after an
offer of employment has been made to a job applicant and before
the commencement of the employment duties of the applicant, and
condition the employment on the results of the examination, if
the following conditions are met:
(a) All persons entering the employ of the employer must be
subject to the examination regardless of disability.
(b) Information obtained regarding the medical condition or
history of the applicant is collected and maintained on separate
forms and in separate medical files and is treated as a
confidential medical record, except as follows:
(A) Supervisors and managers may be informed regarding
necessary restrictions on the work or duties of the employee and
necessary accommodations.
(B) First aid and safety personnel may be informed, when
appropriate, if the disability might require emergency treatment.
(C) Officers and employees of the Bureau of Labor and
Industries investigating compliance with ORS 659A.112 to 659A.139
shall be provided relevant information on request.
(c) The results of an examination authorized under this
subsection may only be used in the manner provided for in ORS
659A.112 to 659A.139.
SECTION 296. ORS 659A.136 is amended to read:
659A.136. (1) Except as provided in this section, an employer
may not require that an employee submit to a medical examination,
may not make inquiries of an employee as to whether the employee
is a { - disabled - } person { + with a disability + }, and
may not make inquiries of an employee as to the nature or
severity of any disability of the employee, unless the
examination or inquiry is shown to be job-related and consistent
with business necessity.
(2) An employer may conduct voluntary medical examinations,
including voluntary medical histories, that are part of an
employee health program available to employees at that work site.
An employer may make inquiries into the ability of an employee to
perform job-related functions.
(3) Information obtained under subsection (2) of this section
relating to the medical condition or history of any employee is
subject to the same restrictions applicable to information
acquired from medical examinations authorized under ORS 659A.133.
SECTION 297. ORS 659A.142 is amended to read:
659A.142. (1) It is an unlawful employment practice for an
employment agency to fail or refuse to refer for employment, or
otherwise discriminate against, any individual because that
individual is a { - disabled - } person { + with a
disability + }, or to classify or refer for employment any
individual because that individual is a { - disabled - }
person { + with a disability + }.
(2) It is an unlawful employment practice for a labor
organization, because an individual is a { - disabled - }
person { + with a disability + }, to exclude or to expel from
its membership such individual or to discriminate in any way
against such individual.
(3) It is an unlawful practice for any place of public
accommodation, resort or amusement as defined in ORS 659A.400, or
any person acting on behalf of such place, to make any
distinction, discrimination or restriction because a customer or
patron is a { - disabled - } person { + with a
disability + }.
Enrolled Senate Bill 83 (SB 83-A) Page 234
(4)(a) It is an unlawful practice for state government to
exclude an individual from participation in or deny an individual
the benefits of the services, programs or activities of state
government or to make any distinction, discrimination or
restriction because the individual is a { - disabled - }
person { + with a disability + }.
(b) Paragraph (a) of this subsection is intended to ensure
equal access to available services, programs and activities of
state government.
(c) Paragraph (a) of this subsection is not intended to:
(A) Create an independent entitlement to any service, program
or activity of state government; or
(B) Require state government to take any action that state
government can demonstrate would result in a fundamental
alteration in the nature of a service, program or activity of
state government or would result in undue financial or
administrative burdens on state government.
(5) Receipt or alleged receipt of treatment for a mental
disorder does not constitute evidence of an individual's
inability to acquire, rent or maintain property.
SECTION 298. ORS 659A.145 is amended to read:
659A.145. (1) A person, because of a disability of a purchaser,
lessee or renter, a disability of a person residing in or
intending to reside in a dwelling after it is sold, rented or
made available or a disability of any person associated with a
purchaser, lessee or renter, { - shall - } { + may + } not
discriminate by:
(a) Refusing to sell, lease, rent or otherwise make available
any real property to a purchaser, lessee or renter;
(b) Expelling a purchaser, lessee or renter;
(c) Making any distinction or restriction against a purchaser,
lessee or renter in the price, terms, conditions or privileges
relating to the sale, rental, lease or occupancy of real property
or the furnishing of any facilities or services in connection
therewith; or
(d) Attempting to discourage the sale, rental or lease of any
real property.
(2) For purposes of this subsection, discrimination includes:
(a) A refusal to permit, at the expense of the
{ - disabled - } person { + with a disability + }, reasonable
modifications of existing premises occupied or to be occupied by
such person if such modifications may be necessary to afford such
person full enjoyment of the premises, except that, in the case
of a rental, the landlord may, when it is reasonable to do so,
condition permission for a modification on the renter agreeing to
restore the interior of the premises to the condition that
existed before the modification, reasonable wear and tear
excepted; or
(b) A refusal to make reasonable accommodations in rules,
policies, practices or services when such accommodations may be
necessary to afford such person equal opportunity to use and
enjoy a dwelling.
(3) A person { - shall - } { + may + } not publish,
circulate, issue or display or cause to be published, circulated,
issued or displayed any communication, notice, advertisement, or
sign of any kind relating to the sale, rental or leasing of real
property which indicates any preference, limitation,
specification or discrimination against a { - disabled - }
person { + with a disability + }.
Enrolled Senate Bill 83 (SB 83-A) Page 235
(4) A person whose business includes engaging in residential
real estate related transactions, as defined in ORS 659A.421
(2)(b), { - shall - } { + may + } not discriminate against
any person in making available such a transaction, or in the
terms or conditions of such a transaction, because of a
disability.
(5) A real estate broker or principal real estate broker
{ - shall - } { + may + } not accept or retain a listing of
real property for sale, lease or rental with an understanding
that the purchaser, lessee or renter may be discriminated against
solely because a person is a { - disabled - } person { + with
a disability + }.
(6) A person { - shall - } { + may + } not assist, induce,
incite or coerce another person to permit an act or engage in a
practice that violates this section.
(7) A person { - shall - } { + may + } not coerce,
intimidate, threaten or interfere with any person in the exercise
or enjoyment of, or on account of having exercised or enjoyed, or
on account of having aided or encouraged any other person in the
exercise or enjoyment of, any right granted or protected by this
section.
(8) A person { - shall - } { + may + } not, for profit,
induce or attempt to induce any other person to sell or rent any
dwelling by representations regarding the entry or prospective
entry into the neighborhood of a { - disabled person or
persons - } { + person with a disability + }.
(9) Any violation of this section is an unlawful practice.
SECTION 299. ORS 675.583 is amended to read:
675.583. (1) A licensed clinical social worker shall report to
the State Board of Clinical Social Workers any information the
licensed clinical social worker has that appears to show that a
licensed clinical social worker is or may be { + an + }
impaired { + clinical social worker + }, or may be guilty of
unprofessional conduct according to the guidelines of the code of
ethics, to the extent that disclosure does not conflict with the
requirements of ORS 675.580.
(2) Any information that the board obtains pursuant to
subsection (1) of this section is confidential as provided under
ORS 676.175.
(3) Any person who reports or provides information to the board
under subsection (1) of this section in good faith shall not be
subject to an action for civil damages as a result thereof.
SECTION 300. ORS 675.785 is amended to read:
675.785. The Oregon Board of Licensed Professional Counselors
and Therapists has the following powers:
(1) In accordance with the applicable provisions of ORS chapter
183, the board shall adopt rules necessary for the administration
of the laws the board is charged with administering.
(2) Subject to any applicable provisions of the State Personnel
Relations Law, the board may appoint, prescribe the duties and
fix the compensation of an administrator and other employees of
the board necessary to carry out the duties of the board.
(3) The board may impose nonrefundable fees in an amount set by
rule for the following:
(a) License application.
(b) First issuance of a license.
(c) Renewal of a license.
(d) Late filing of a license renewal.
(e) Renewal of registration as an intern.
Enrolled Senate Bill 83 (SB 83-A) Page 236
(f) Examinations. Examination fees shall not exceed the costs
incurred in administering the particular examination. Fees
established under this subsection are subject to prior approval
of the Oregon Department of Administrative Services and a report
to the Emergency Board prior to adopting the fees and shall be
within the budget authorized by the Legislative Assembly as that
budget may be modified by the Emergency Board.
(4) The board shall:
(a) Maintain a register of all current licensed professional
counselors and marriage and family therapists.
(b) Annually publish a directory listing all current licensed
professional counselors and marriage and family therapists. The
directory shall be available to the public, for which the board
may collect a publication fee.
(5) The board shall:
(a) Investigate alleged violations of the provisions of ORS
675.715 to 675.835 or rules adopted under authority of the board.
(b) Establish procedures to review the complaints of clients of
licensees of the board. Upon receipt of a complaint under ORS
675.715 to 675.835 against any licensed or unlicensed person, the
board shall conduct an investigation as described under ORS
676.165.
(6) The board shall report to the Legislative Assembly
concerning the activities of the board during the preceding
biennium.
(7) The board shall form standards committees to establish,
examine and pass on the qualifications of applicants to practice
professional counseling or marriage and family therapy in this
state. The standards committee for professional counselors shall
be made up of the professional counselors on the board, the
faculty member and the public member. The standards committee for
marriage and family therapists shall be made up of the marriage
and family members of the board, the faculty member and the
public member.
(8) The board shall grant licenses to applicants who qualify to
practice professional counseling or marriage and family therapy
in this state upon compliance with ORS 675.715 to 675.835 and the
rules of the board.
(9) The board may administer oaths, take depositions, defray
legal expenses and issue subpoenas to compel the attendance of
witnesses and the production of documents or written information
necessary to carry out ORS 675.715 to 675.835.
(10) The board may adopt a seal to be affixed to all licenses.
(11) The board shall adopt a code of ethics for licensees. The
board may use the ethical codes of professional counseling and
marriage and family therapy associations as models for the code
established by the board.
(12) The board may set academic and training standards
necessary under ORS 675.715 to 675.835, including, but not
limited to, the adoption of rules to establish semester hour
equivalents for qualification for licensing where quarter hours
are required under ORS 675.715 to 675.835.
(13) The board shall require the applicant for a professional
counselor license or a marriage and family therapy license to
receive a passing score on an examination of competency in
counseling or marriage and family therapy. The examination may be
the examination given nationally to certify counselors, or in the
case of marriage and family therapy, the examination approved by
the Association of Marital and Family Therapy Regulatory Boards.
Enrolled Senate Bill 83 (SB 83-A) Page 237
(14) The standards committee shall establish standards and
requirements for continuing education and supervision, as
appropriate. The standards and requirements shall be in effect
July 1, 1992.
(15) The board shall establish a program for { + licensees
whose ability to perform professional counseling is + } impaired
{ - professionals - } to assist { - licensed professional
counselors and licensed marriage and family therapists to regain
or retain - } { + those licensees in regaining or retaining + }
their licensure and { + shall + } impose the requirement of
participation as a condition to reissuance or retention of the
license.
(16) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the board may require
the fingerprints of a person who is:
(a) Applying for a license that is issued by the board;
(b) Applying for renewal of a license that is issued by the
board; or
(c) Under investigation by the board.
SECTION 301. ORS 677.010 is amended to read:
677.010. As used in this chapter, subject to the exemptions in
ORS 677.060 and unless the context requires otherwise:
(1) 'Approved internship' means the first year of post-graduate
training served in a hospital that is approved by the board or by
the Accreditation Council of Graduate Medical Education, the
American Osteopathic Association or the Royal College of
Physicians and Surgeons of Canada.
{ + (2) 'Approved school of medicine' means a school offering
a full-time resident program of study in medicine or osteopathy
leading to a degree of Doctor of Medicine or Doctor of
Osteopathy, such program having been fully accredited or
conditionally approved by the Liaison Committee on Medical
Education, or its successor agency, or the American Osteopathic
Association, or its successor agency, or having been otherwise
determined by the board to meet the association standards as
specifically incorporated into board rules. + }
{ - (2) - } { + (3) + } 'Board' means the Board of Medical
Examiners for the State of Oregon.
{ - (3) - } { + (4) + } 'Diagnose' means to examine another
person in any manner to determine the source or nature of a
disease or other physical or mental condition, or to hold oneself
out or represent that a person is so examining another person. It
is not necessary that the examination be made in the presence of
such other person; it may be made on information supplied either
directly or indirectly by such other person.
{ - (4) - } { + (5) + } 'Dispense' means the preparation
and delivery of a prescription drug, pursuant to a lawful order
of a practitioner, in a suitable container appropriately labeled
for subsequent administration to or use by a patient or other
individual entitled to receive the prescription drug.
{ - (5) - } { + (6) + } 'Dispensing physician' means a
physician or podiatric physician and surgeon who purchases
prescription drugs for the purpose of dispensing them to patients
or other individuals entitled to receive the prescription drug
and who dispenses them accordingly.
{ - (6) - } { + (7) + } 'Drug' means all medicines and
preparations for internal or external use of humans, intended to
be used for the cure, mitigation or prevention of diseases or
abnormalities of humans, which are recognized in any published
Enrolled Senate Bill 83 (SB 83-A) Page 238
United States Pharmacopoeia or National Formulary, or otherwise
established as a drug.
{ - (7) - } { + (8) + } 'Fellow' means an individual who
has not qualified under ORS 677.100 (1) and (2) and who is
pursuing some special line of study as part of a supervised
program of a school of medicine, a hospital approved for
internship or residency training, or an institution for medical
research or education that provides for a period of study under
the supervision of a responsible member of that hospital or
institution, such school, hospital or institution having been
approved by the board.
{ - (8) 'Impaired physician' means a physician who is unable
to practice medicine with reasonable skill and safety by reason
of mental illness; physical illness, including, but not limited
to, physical deterioration that adversely affects cognition,
motor or perceptive skill; or habitual or excessive use or abuse
of drugs, alcohol or other substances that impair ability. - }
(9) 'Intern' means an individual who has entered into a
hospital or hospitals for the first year of post-graduate
training.
(10) 'License' means permission to practice, whether by
license, registration or certification.
(11) 'Licensee' means an individual holding a valid license
issued by the board.
{ + (12) 'Licensee with an impairment' means an individual
licensed under this chapter who is unable to practice the
profession for which the individual is licensed with reasonable
skill and safety by reason of mental illness; physical illness,
including, but not limited to, physical deterioration that
adversely affects cognition, motor or perceptive skill; or
habitual or excessive use or abuse of drugs, alcohol or other
substances that impair ability. + }
{ - (12) - } { + (13) + } 'Physician' means any person who
holds a degree of Doctor of Medicine or Doctor of Osteopathy.
{ - (13) - } { + (14) + } 'Podiatric physician and surgeon'
means a podiatric physician and surgeon licensed under ORS
677.805 to 677.840 to treat ailments of the human foot, ankle and
tendons directly attached to and governing the function of the
foot and ankle.
{ - (14) - } { + (15) + } 'Prescribe' means to direct,
order or designate the use of or manner of using by spoken or
written words or other means.
{ - (15) - } { + (16) + } 'Resident' means an individual
who, after the first year of post-graduate training, in order to
qualify for some particular specialty in the field of medicine,
pursues a special line of study as part of a supervised program
of a hospital approved by the board.
{ - (16) 'Approved school of medicine' means a school
offering a full-time resident program of study in medicine or
osteopathy leading to a degree of Doctor of Medicine or Doctor of
Osteopathy, such program having been fully accredited or
conditionally approved by the Liaison Committee on Medical
Education, or its successor agency, or the American Osteopathic
Association, or its successor agency, or having been otherwise
determined by the board to meet the association standards as
specifically incorporated into board rules. - }
SECTION 302. ORS 677.415 is amended to read:
677.415. (1) As used in this section:
(a) 'Health care facility' means a facility licensed under ORS
441.015 to 441.087.
Enrolled Senate Bill 83 (SB 83-A) Page 239
(b) 'Official action, incident or event' means a restriction,
limitation, loss or denial of privileges of a licensee to
practice medicine, any formal action taken against a licensee by
a government agency or a health care facility based on a finding
of medical incompetence, unprofessional conduct or licensee
impairment, or the withdrawal by a licensee from the practice of
medicine or podiatry.
(2) The Board of Medical Examiners on its own motion may
investigate any evidence that appears to show that a licensee
licensed by the board is or may be medically incompetent or is or
may be guilty of unprofessional or dishonorable conduct or is or
may be { - an impaired - } { + a + } licensee { + with an
impairment + } { - unable safely to engage in the practice of
medicine or podiatry - } .
(3) A licensee licensed by the board, the Oregon Medical
Association, Inc., or any component society thereof, the
Osteopathic Physicians and Surgeons of Oregon, Inc. or the Oregon
Podiatric Medical Association shall report within 10 working
days, and any other person may report, to the board any
information such licensee, association, society or person may
have that appears to show that a licensee is or may be medically
incompetent or is or may be guilty of unprofessional or
dishonorable conduct or is or may be { - an impaired - } { +
a + } licensee { + with an impairment + } { - unable safely to
engage in the practice of medicine or podiatry - } . However, a
licensee who is treating another licensee for a mental disability
has a duty to report within 10 working days the licensee patient
unless, in the opinion of the treating licensee, the patient is
not impaired.
(4) A licensee shall self-report within 10 working days any
official action, incident or event taken against the licensee.
(5) A health care facility shall report to the Board of Medical
Examiners any official action, incident or event taken against a
licensee within 10 business days of the date of the official
action, incident or event.
(6) A licensee's voluntary resignation from the staff of a
health care institution or voluntary limitation of the licensee's
staff privileges at such an institution shall be promptly
reported to the board by the institution and the licensee if that
action occurs while the licensee is under investigation by the
institution or a committee thereof for any reason related to
possible medical incompetence, unprofessional conduct or mental
or physical impairment.
(7) If, in the opinion of the board, it appears that
information provided to it under this section is or may be true,
the board may order an informal interview with the licensee
subject to the notice requirement of ORS 677.320.
(8) A person who reports in good faith to the Board of Medical
Examiners as required by this section is immune from civil
liability by reason of making the report.
SECTION 303. ORS 677.615 is amended to read:
677.615. (1) There is established a Diversion Program
Supervisory Council consisting of five members appointed by the
Board of Medical Examiners for the purpose of developing and
implementing a diversion program for { - chemically
dependent - } licensees regulated under this chapter { + who are
chemically dependent + }. No current board member or staff shall
serve on the council.
(2) The term of office of each member is two years, but a
member serves at the pleasure of the board. Before the expiration
Enrolled Senate Bill 83 (SB 83-A) Page 240
of the term of a member, the board shall appoint a successor
whose term begins July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the board
shall make an appointment to become immediately effective for the
unexpired term.
(3) The members of the council must be citizens of this state
who are familiar with the recognition, intervention, assessment
and treatment of { + persons who are + } chemically dependent
{ - persons - } .
(4) A member of the council is entitled to compensation and
expenses as provided in ORS 292.495, except that the compensation
for the time spent in performance of official duties shall be the
same as the compensation received by members of the Board of
Medical Examiners.
(5) The council shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties
and powers necessary for the performance of the functions of such
offices as the council determines.
(6) A majority of the members of the council constitutes a
quorum for the transaction of business.
SECTION 304. ORS 677.625 is amended to read:
677.625. (1) Subject to the approval of the Board of Medical
Examiners, the Diversion Program Supervisory Council shall
appoint a medical director to serve at the pleasure of the
council. The medical director shall be an employee of the board.
(2) The medical director shall administer, under the control
and supervision of the council, the diversion program for { +
licensees who are + } chemically dependent { - licensees - } .
(3) The board shall appoint such employees as may be necessary
to carry out the duties of the council, as assigned by the
medical director.
SECTION 305. ORS 677.635 is amended to read:
677.635. The Board of Medical Examiners may enter into
contracts to provide services for { + licensees who are + }
chemically dependent { - licensees - } and may, in accordance
with ORS chapter 183, adopt rules necessary for the
administration of a diversion program for { + licensees who
are + } chemically dependent { - licensees - } .
SECTION 306. ORS 680.205 is amended to read:
680.205. (1) A dental hygienist issued a permit to act as a
limited access permit dental hygienist under ORS 680.200 shall be
authorized to render all services within the scope of practice of
dental hygiene, as defined in ORS 679.010, without the
supervision of a dentist and as authorized by the limited access
permit to:
(a) Patients or residents of the following facilities or
programs who, due to age, infirmity or disability, are unable to
receive regular dental hygiene treatment:
(A) Nursing homes as defined in ORS 678.710;
(B) Adult foster homes as defined in ORS 443.705;
(C) Residential care facilities as defined in ORS 443.400;
(D) Adult congregate living facilities as defined in ORS
441.525;
(E) Mental health residential programs administered by the
Department of Human Services;
(F) Facilities for mentally ill persons, as { + those terms
are + } defined in ORS 426.005;
(G) Facilities for persons with mental retardation, as
{ + those terms are + } defined in ORS 427.005;
Enrolled Senate Bill 83 (SB 83-A) Page 241
(H) Local correctional facilities and juvenile detention
facilities as those terms are defined in ORS 169.005, regional
correctional facilities as defined in ORS 169.620, youth
correction facilities as defined in ORS 420.005, youth care
centers as defined in ORS 420.855, and Department of Corrections
institutions as defined in ORS 421.005; or
(I) Public and nonprofit community health clinics.
(b) { - Homebound - } Adults { + who are homebound + }.
(c) Students or enrollees of nursery schools and day care
programs and their siblings under 18 years of age, Job Corps and
other similar employment training facilities, primary and
secondary schools, including private schools and public charter
schools, and persons entitled to benefits under the Women,
Infants and Children Program.
(2) The Oregon Board of Dentistry may authorize the provision
of dental hygiene services by a limited access permit dental
hygienist at locations or to populations that are underserved or
lack access to dental hygiene services.
(3) At least once each calendar year, a dental hygienist issued
a permit to act as a limited access permit dental hygienist shall
refer each patient or resident to a dentist who is available to
treat the patient or resident.
(4) { - Nothing in this section shall be construed to - }
{ + This section does not + } authorize a limited access permit
dental hygienist to administer local anesthesia, denture soft
lines, temporary restorations and radiographs except under the
general supervision of a dentist licensed under ORS chapter 679,
or to administer nitrous oxide except under the indirect
supervision of a dentist licensed under ORS chapter 679.
(5) A limited access permit dental hygienist may provide
sealants and write prescriptions for all applications of fluoride
in which fluoride is applied or supplied to patients.
(6) A person granted a limited access permit under ORS 680.200
shall also procure all other permits or certificates required by
the board under ORS 679.250.
SECTION 307. ORS 681.220 is amended to read:
681.220. It is declared to be a policy of this state that it is
necessary to provide regulatory authority over persons offering
speech-language pathology and audiology services to the public in
order to:
(1) Safeguard the public health, safety and welfare;
(2) Protect the public from being misled by incompetent,
unscrupulous and unauthorized persons;
(3) Protect the public from unprofessional conduct by qualified
speech-language pathologists and audiologists; and
(4) Help ensure the availability of the highest possible
quality speech-language pathology and audiology services to
{ - the communicatively disabled - } people of this state { +
who have communication disabilities + }.
SECTION 308. ORS 682.025 is amended to read:
682.025. As used in this chapter, unless the context requires
otherwise:
(1) 'Ambulance' or 'ambulance vehicle' means any privately or
publicly owned motor vehicle, aircraft or watercraft that is
regularly provided or offered to be provided for the emergency
transportation of persons { - suffering from illness, injury or
disability - } { + who are ill or injured or who have
disabilities + }.
(2) 'Ambulance service' means any person, governmental unit,
corporation, partnership, sole proprietorship or other entity
Enrolled Senate Bill 83 (SB 83-A) Page 242
that operates ambulances and that holds itself out as providing
prehospital care or medical transportation to { + persons who
are ill or + } { - sick, - } injured or { - disabled
persons - } { + who have disabilities + }.
(3) 'Board' means the Board of Medical Examiners for the State
of Oregon.
(4) 'Department' means the Department of Human Services.
(5) 'Emergency care' means the performance of acts or
procedures under emergency conditions in the observation, care
and counsel of { - the - } { + persons who are + } ill
{ - , - } { + or + } injured or { - disabled - } { + who
have disabilities + }; in the administration of care or
medications as prescribed by a licensed physician, insofar as any
of these acts is based upon knowledge and application of the
principles of biological, physical and social science as required
by a completed course utilizing an approved curriculum in
prehospital emergency care. However, 'emergency care' does not
include acts of medical diagnosis or prescription of therapeutic
or corrective measures.
(6) 'Emergency medical technician' or 'EMT' means a person who
has received formal training in prehospital and emergency care,
and is state certified to attend any { + person who is + } ill
{ - , - } { + or + } injured or { - disabled person - }
{ + who has a disability + }. Police officers, firefighters,
funeral home employees and other personnel serving in a dual
capacity one of which meets the definition of 'emergency medical
technician' are 'emergency medical technicians' within the
meaning of this chapter.
(7) 'First responder' means a person who has successfully
completed a first responder training course approved by the
department and:
(a) Has been examined and certified as a first responder by an
authorized representative of the department to perform basic
emergency and nonemergency care procedures; or
(b) Has been otherwise designated as a first responder by an
authorized representative of the department to perform basic
emergency and nonemergency care procedures.
(8) 'Fraud or deception' means the intentional
misrepresentation or misstatement of a material fact, concealment
of or failure to make known any material fact, or any other means
by which misinformation or false impression knowingly is given.
(9) 'Governmental unit' means the state or any county,
municipality or other political subdivision or any department,
board or other agency of any of them.
(10) 'Highway' means every public way, thoroughfare and place,
including bridges, viaducts and other structures within the
boundaries of this state, used or intended for the use of the
general public for vehicles.
(11) 'Nonemergency care' means the performance of acts or
procedures on a patient who is not expected to die, become
permanently disabled or suffer permanent harm within the next 24
hours, including but not limited to observation, care and counsel
of a patient and the administration of medications prescribed by
a physician licensed under ORS chapter 677, insofar as any of
those acts are based upon knowledge and application of the
principles of biological, physical and social science and are
performed in accordance with scope of practice rules adopted by
the Board of Medical Examiners in the course of providing
prehospital care as defined by this section.
Enrolled Senate Bill 83 (SB 83-A) Page 243
(12) 'Owner' means the person having all the incidents of
ownership in an ambulance service or an ambulance vehicle or
where the incidents of ownership are in different persons, the
person, other than a security interest holder or lessor, entitled
to the possession of an ambulance vehicle or operation of an
ambulance service under a security agreement or a lease for a
term of 10 or more successive days.
(13) 'Patient' means { - an - } { + a person who is + } ill
{ - , - } { + or + } injured or { - disabled person - }
{ + who has a disability and who is + } transported in an
ambulance.
(14) 'Person' means any individual, corporation, association,
firm, partnership, joint stock company, group of individuals
acting together for a common purpose or organization of any kind
and includes any receiver, trustee, assignee or other similar
representative thereof.
(15) 'Prehospital care' means that care rendered by emergency
medical technicians as an incident of the operation of an
ambulance as defined by this chapter and that care rendered by
emergency medical technicians as incidents of other public or
private safety duties, and includes, but is not limited to, '
emergency care' as defined by this section.
(16) 'Scope of practice' means the maximum level of emergency
or nonemergency care that an emergency medical technician may
provide.
(17) 'Standing orders' means the written protocols that an
emergency medical technician follows to treat patients when
direct contact with a physician is not maintained.
(18) 'Supervising physician' means a medical or osteopathic
physician licensed under ORS chapter 677, actively registered and
in good standing with the board, who provides direction of
emergency or nonemergency care provided by emergency medical
technicians.
(19) 'Unprofessional conduct' means conduct unbecoming a person
certified in emergency care, or detrimental to the best interests
of the public and includes:
(a) Any conduct or practice contrary to recognized standards of
ethics of the medical profession or any conduct or practice which
does or might constitute a danger to the health or safety of a
patient or the public or any conduct, practice or condition which
does or might impair an emergency medical technician's ability
safely and skillfully to practice emergency or nonemergency care;
(b) Willful performance of any medical treatment which is
contrary to acceptable medical standards; and
(c) Willful and consistent utilization of medical service for
treatment which is or may be considered inappropriate or
unnecessary.
SECTION 309. ORS 682.027 is amended to read:
682.027. As used in ORS 682.031, 682.062 and 682.066, '
ambulance services' includes the transportation of an { - ill,
injured or disabled - } individual { + who is ill or injured or
who has a disability + } in an ambulance and, in connection
therewith, the administration of prehospital and out-of-hospital
medical, emergency or nonemergency care, if necessary.
SECTION 310. ORS 682.035 is amended to read:
682.035. ORS 820.330 to 820.380 and this chapter do not apply
to:
(1) Ambulances owned by or operated under the control of the
United States Government.
Enrolled Senate Bill 83 (SB 83-A) Page 244
(2) Vehicles being used to render temporary assistance in the
case of a major catastrophe or emergency with which the ambulance
services of the surrounding locality are unable to cope, or when
directed to be used to render temporary assistance by an official
at the scene of an accident.
(3) Vehicles operated solely on private property or within the
confines of institutional grounds, whether or not the incidental
crossing of any highway through the property or grounds is
involved.
(4) Vehicles operated by lumber industries solely for the
transportation of lumber industry employees.
(5) Any person who drives or { - who - } attends an
{ + individual who is + } ill { - , - } { + or + } injured or
{ - disabled person - } { + who has a disability, if the
individual is + } transported in a vehicle mentioned in
subsections (1) to (4) of this section.
(6) Any person who otherwise by license is authorized to attend
patients.
SECTION 311. ORS 682.204 is amended to read:
682.204. (1) On and after September 13, 1975, it shall be
unlawful:
(a) For any person to act as an emergency medical technician
without being certified under this chapter.
(b) For any person or governmental unit which operates an
ambulance to authorize a person to act for it as an emergency
medical technician without being certified under this chapter.
(c) For any person or governmental unit to operate or allow to
be operated in this state any ambulance unless it is operated
with at least one certified emergency medical technician.
(2) It is a defense to any charge under this section that there
was a reasonable basis for believing that the performance of
services contrary to this section was necessary to preserve human
life, that diligent effort was made to obtain the services of a
certified emergency medical technician and that the services of a
certified emergency medical technician were not available or were
not available in time as under the circumstances appeared
necessary to preserve such human life.
(3) Subsection (1) of this section is not applicable to any
individual, group of individuals, partnership, entity,
association or other organization otherwise subject thereto
providing a service to the public exclusively by volunteer unpaid
workers, nor to any person who acts as an ambulance attendant
therefor, provided that in the particular county in which the
service is rendered, the county court or board of county
commissioners has by order, after public hearing, granted
exemption from such subsection to the individual, group,
partnership, entity, association or organization. When exemption
is granted under this section, any person who attends an
{ + individual who is + } ill { - , - } { + or + } injured or
{ - disabled person - } { + who has a disability + } in an
ambulance may not purport to be an emergency medical technician
or use the designation 'EMT. '
SECTION 312. ORS 683.120 is amended to read:
683.120. (1) Each optometrist who practices in this state shall
on the date established by the Oregon Board of Optometry pay a
license fee, as determined by the board, for a renewal of the
license of the optometrist and shall have such license
conspicuously posted in the office of the optometrist or place of
business at all times. Each optometrist who is retired,
{ - disabled - } { + has a disability + } or { + is + } a
Enrolled Senate Bill 83 (SB 83-A) Page 245
nonresident of the State of Oregon and who is not practicing
optometry within this state shall on the date established by the
board pay a license fee, as determined by the board, for a
renewal of the license of the optometrist.
(2) A person who is no more than 30 days delinquent in renewing
the license may renew the license upon payment to the board of
the required fee plus a delinquent fee. If a person is more than
30 days delinquent in renewing the license, the license is
automatically suspended by the board upon 30-day notice given to
the licensee. A certified letter addressed to the last-known
address of the licensee failing to comply with the requirements
is sufficient notice.
(3) A person who is more than 60 days delinquent in renewing
the license may be required to take an examination and pay the
examination fee as required in ORS 683.060 before a license is
issued. The board may, upon application, waive the examination
requirement.
SECTION 313. ORS 689.342 is amended to read:
689.342. (1) There is established a Pharmacy Diversion Program
Supervisory Council consisting of five members appointed by the
State Board of Pharmacy for the purpose of developing and
implementing a diversion program for { - chemically
dependent - } licensees regulated under this chapter { + who are
chemically dependent + }. No current board member or staff shall
serve on the council.
(2) The term of office of each member is two years, but a
member serves at the pleasure of the board. Before the expiration
of the term of a member, the board shall appoint a successor
whose term begins July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the board
shall make an appointment to become immediately effective for the
unexpired term.
(3) A member of the council is entitled to compensation and
expenses as provided in ORS 292.495.
(4) The council shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties
and powers the council determines necessary for the performance
of the functions of such office.
(5) A majority of the members of the council constitutes a
quorum for the transaction of business.
SECTION 314. ORS 689.344 is amended to read:
689.344. (1) Subject to approval of the State Board of
Pharmacy, the Pharmacy Diversion Program Supervisory Council may
appoint a program director to serve at the pleasure of the
council. The program director shall be an employee of the board.
(2) The program director shall administer, under the control
and supervision of the council, the diversion program for { +
licensees who are + } chemically dependent { - licensees - } .
(3) The board may appoint such employees as may be necessary to
carry out the duties of the council under the control and
supervision of the council.
SECTION 315. ORS 689.346 is amended to read:
689.346. The State Board of Pharmacy may enter into contracts
to provide services for { + licensees who are + } chemically
dependent
{ - licensees - } and may, in accordance with ORS chapter 183,
adopt rules necessary for the administration of a diversion
program for { + licensees who are + } chemically dependent
{ - licensees - } .
SECTION 316. ORS 701.525 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 246
701.525. (1) As used in this section and ORS 701.530:
(a) 'Developer' means a person who contracts to construct, or
arrange for the construction of, new residential housing on
behalf of, or for the purpose of selling the residential housing
to, a specific individual the person knows is the purchaser of
the residential housing.
(b) 'Residential housing':
(A) Means a structure designed for use as a residence and
containing dwelling units for three or fewer families.
(B) Means a structure that is a condominium as defined in ORS
100.005.
(C) Does not mean a manufactured structure as defined in ORS
446.003.
(2) A developer who enters into a contract to construct or
arrange for the construction of new residential housing may, at
the time of providing a purchaser with a written contract, also
provide the purchaser with a list of features that may make
residential housing more accessible to a person with
{ - disabilities - } { + a disability + }. The list may
include the features identified in the model list of features
adopted by the Construction Contractors Board by rule under ORS
701.530.
(3) The inclusion of a feature on the list supplied by the
developer under subsection (2) of this section does not obligate
the developer to make the feature available to a purchaser. The
list supplied by the developer may specify for each feature
whether the feature is standard, optional, available on a limited
basis or unavailable from the developer. If a listed feature is
available from the developer as an option or on a limited basis,
the list of features may specify the stage of construction by
which the purchaser must submit to the developer any request that
the residential housing be constructed with that feature.
(4) This section, or the inclusion of a feature on the model
list developed under ORS 701.530, does not affect the requirement
that installation of a feature comply with the state building
code or be approved under ORS 455.060.
SECTION 317. ORS 735.720 is amended to read:
735.720. For purposes of ORS 735.720 to 735.740:
(1) 'Carrier' has the meaning given that term in ORS 735.700.
(2) 'Eligible individual' means an individual who:
(a) Is a resident of the State of Oregon;
(b) Is not eligible for Medicare;
(c) Either has been without health benefit plan coverage for a
period of time established by the Office of Private Health
Partnerships, or meets exception criteria established by the
office;
(d) Except as otherwise provided by the office, has family
income less than 200 percent of the federal poverty level;
(e) Has investments and savings less than the limit established
by the office; and
(f) Meets other eligibility criteria established by the office.
(3)(a) 'Family' means:
(A) A single individual;
(B) An adult and the adult's spouse;
(C) An adult and the adult's spouse, all unmarried, dependent
children under 23 years of age, including adopted children,
children placed for adoption and children under the legal
guardianship of the adult or the adult's spouse, and all
dependent children of a dependent child; or
Enrolled Senate Bill 83 (SB 83-A) Page 247
(D) An adult and the adult's unmarried, dependent children
under 23 years of age, including adopted children, children
placed for adoption and children under the legal guardianship of
the adult, and all dependent children of a dependent child.
(b) A family includes a dependent elderly relative or a
dependent adult { - disabled - } child { + with a
disability + } who meets the criteria established by the office
and who lives in the home of the adult described in paragraph (a)
of this subsection.
(4)(a) 'Health benefit plan' means a policy or certificate of
group or individual health insurance, as defined in ORS 731.162,
providing payment or reimbursement for hospital, medical and
surgical expenses. 'Health benefit plan' includes a health care
service contractor or health maintenance organization subscriber
contract, the Oregon Medical Insurance Pool and any plan provided
by a less than fully insured multiple employer welfare
arrangement or by another benefit arrangement defined in the
federal Employee Retirement Income Security Act of 1974, as
amended.
(b) 'Health benefit plan' does not include coverage for
accident only, specific disease or condition only, credit,
disability income, coverage of Medicare services pursuant to
contracts with the federal government, Medicare supplement
insurance, student accident and health insurance, long term care
insurance, hospital indemnity only, dental only, vision only,
coverage issued as a supplement to liability insurance, insurance
arising out of a workers' compensation or similar law, automobile
medical payment insurance, insurance under which the benefits are
payable with or without regard to fault and that is legally
required to be contained in any liability insurance policy or
equivalent self-insurance or coverage obtained or provided in
another state but not available in Oregon.
(5) 'Income' means gross income in cash or kind available to
the applicant or the applicant's family. Income does not include
earned income of the applicant's children or income earned by a
spouse if there is a legal separation.
(6) 'Investment 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 office may
establish that are available to the applicant or the applicant's
family to contribute toward meeting the needs of an applicant or
eligible individual.
(7) 'Medicaid' means medical assistance provided under 42
U.S.C. section 1396a (section 1902 of the Social Security Act).
(8) 'Resident' means an individual who meets the residency
requirements established by rule by the office.
(9) 'Subsidy' means payment or reimbursement to an eligible
individual toward the purchase of a health benefit plan, and may
include a net billing arrangement with carriers or a prospective
or retrospective payment for health benefit plan premiums and
eligible copayments or deductible expenses directly related to
the eligible individual.
(10) 'Third-party administrator' means any insurance company or
other entity licensed under the Insurance Code to administer
health insurance benefit programs.
SECTION 318. ORS 742.518 is amended to read:
742.518. As used in ORS 742.518 to 742.542:
(1) 'Evaluation services' means physical examinations or
reviews of medical records of beneficiaries conducted at the
request of an insurer by either an employee of the insurer or a
Enrolled Senate Bill 83 (SB 83-A) Page 248
third-party medical record or bill review service to determine
whether the provision or continuation of medical services is
necessary or reasonable.
(2) 'Managed care services' means any system of health care
delivery that attempts to control or coordinate use of health
care services in order to contain health care expenditures or
improve quality of health care services.
(3) 'Motor vehicle' means a self-propelled land motor vehicle
or trailer, other than:
(a) A farm-type tractor or other self-propelled equipment
designed for use principally off public roads, while not upon
public roads;
(b) A vehicle operated on rails or crawler-treads; or
(c) A vehicle located for use as a residence or premises.
(4) 'Motorcycle' and 'moped' have the meanings given those
terms in ORS 801.345 and 801.365.
(5) 'Occupying' means in, or upon, or entering into or
alighting from.
(6) 'Pedestrian' means a person while not occupying a
self-propelled vehicle other than a wheelchair or a similar
low-powered motorized or mechanically propelled vehicle that is
designed specifically for use by a { - physically disabled - }
person { + with a physical disability + } and that is
determined to be medically necessary for the occupant of the
wheelchair or other low-powered vehicle.
(7) 'Personal injury protection benefits' means the benefits
described in ORS 742.518 to 742.542.
(8) 'Private passenger motor vehicle' means a four-wheel
passenger or station wagon type motor vehicle not used as a
public or livery conveyance, and includes any other four-wheel
motor vehicle of the utility, pickup body, sedan delivery or
panel truck type not used for wholesale or retail delivery other
than farming, a self-propelled mobile home and a farm truck.
(9) 'Provider' has the meaning given that term in ORS 743.801.
SECTION 319. ORS 746.015 is amended to read:
746.015. (1) No person shall make or permit any unfair
discrimination between individuals of the same class and equal
expectation of life, or between risks of essentially the same
degree of hazard, in the availability of insurance, in the
application of rates for insurance, in the dividends or other
benefits payable under insurance policies, or in any other terms
or conditions of insurance policies.
(2) Discrimination by an insurer in the application of its
underwriting standards or rates based solely on an individual's
physical { - handicap - } { + disability + } is prohibited,
unless such action is based on sound actuarial principles or is
related to actual or reasonably anticipated experience. For
purposes of this subsection, 'physical { - handicap - } { +
disability + } ' shall include, but not be limited to, blindness,
deafness, hearing or speaking impairment or loss, or partial
loss, of function of one or more of the upper or lower
extremities.
(3) Discrimination by an insurer in the application of its
underwriting standards or rates based solely upon an insured's or
applicant's attaining or exceeding 65 years of age is prohibited,
unless such discrimination is clearly based on sound actuarial
principles or is related to actual or reasonably anticipated
experience.
Enrolled Senate Bill 83 (SB 83-A) Page 249
(4)(a) No insurer, on the basis of the status of an insured or
prospective insured as a victim of domestic violence, shall do
any of the following:
(A) Deny, cancel or refuse to issue or renew an insurance
policy;
(B) Demand or require a greater premium or payment;
(C) Designate domestic violence as a preexisting condition for
which coverage will be denied or reduced;
(D) Exclude or limit coverage for losses or deny a claim; or
(E) Fix any lower rate for or discriminate in the fees or
commissions of an insurance producer for writing or renewing a
policy.
(b) The fact that an insured or prospective insured is or has
been a victim of domestic violence shall not be considered a
permitted underwriting or rating criterion.
(c) Nothing in this subsection prohibits an insurer from taking
an action described in paragraph (a) of this subsection if the
action is otherwise permissible by law and is taken in the same
manner and to the same extent with respect to all insureds and
prospective insureds without regard to whether the insured or
prospective insured is a victim of domestic violence.
(d) An insurer that complies in good faith with the
requirements of this subsection shall not be subject to civil
liability due to such compliance.
(e) For purposes of this subsection, 'domestic violence ' means
the occurrence of one or more of the following acts between
family or household members:
(A) Attempting to cause or intentionally or knowingly causing
physical injury;
(B) Intentionally or knowingly placing another in fear of
imminent serious physical injury; or
(C) Committing sexual abuse in any degree as defined in ORS
163.415, 163.425 and 163.427.
(5) If the Director of the Department of Consumer and Business
Services has reason to believe that an insurer in the application
of its underwriting standards or rates is not complying with the
requirements of this section, the director shall, unless the
director has reason to believe the noncompliance is willful, give
notice in writing to the insurer stating in what manner such
noncompliance is alleged to exist and specifying a reasonable
time, not less than 10 days after the date of mailing, in which
the noncompliance may be corrected.
(6)(a) If the director has reason to believe that noncompliance
by an insurer with the requirements of this section is willful,
or if, within the period prescribed by the director in the notice
required by subsection (5) of this section, the insurer does not
make the changes necessary to correct the noncompliance specified
by the director or establish to the satisfaction of the director
that such specified noncompliance does not exist, the director
may hold a hearing in connection therewith. Not less than 10 days
before the date of such hearing the director shall mail to the
insurer written notice of the hearing, specifying the matters to
be considered.
(b) If, after the hearing, the director finds that the
insurer's application of its underwriting standards or rates
violates the requirements of this section, the director may issue
an order specifying in what respects such violation exists and
stating when, within a reasonable period of time, further such
application shall be prohibited. If the director finds that the
Enrolled Senate Bill 83 (SB 83-A) Page 250
violation was willful, the director may suspend or revoke the
certificate of authority of the insurer.
(7) Affiliated workers' compensation insurers having
reinsurance agreements which result in one carrier ceding 80
percent or more of its workers' compensation premium to the
other, while utilizing different workers' compensation rate
levels without objective evidence to support such differences,
shall be presumed to be engaging in unfair discrimination.
SECTION 320. ORS 801.115 is amended to read:
801.115. 'Ambulance' means any privately or publicly owned
motor vehicle that is regularly provided or offered to be
provided for the emergency transportation of persons
{ - suffering from illness, injury or disability - } { + who
are ill or injured or who have disabilities + }.
SECTION 321. ORS 801.120 is amended to read:
801.120. 'Ambulatory disability' means a disability because of
which a person:
(1) { - Is so severely physically and permanently disabled as
to be - } { + Has a physical and permanent disability to such a
degree that the person is + } unable to move from place to place
without the aid of a wheelchair;
(2) Is not able to cross curbs because of paralysis or loss of
function of the person's legs;
(3) Is missing one or both legs; or
(4) Has a permanently impaired or unsteady gait that makes it
impossible or impractical to walk as a means of transportation.
SECTION 322. ORS 801.235 is amended to read:
801.235. ' { - Disabled - } Person { + with a disability + }
' means:
(1) A person who has severely limited mobility because of
paralysis or the loss of use of some or all of the person's legs
or arms;
(2) A person who is affected by loss of vision or substantial
loss of visual acuity or visual field beyond correction; or
(3) A person who has any other disability that prevents the
person from walking without the use of an assistive device or
that causes the person to be unable to walk more than 200 feet,
including but not necessarily limited to:
(a) Chronic heart condition;
(b) Emphysema;
(c) Arthritis;
(d) Rheumatism; or
(e) Ulcerative colitis or related chronic bowel disorder.
SECTION 323. ORS 802.500 is amended to read:
802.500. The Director of Transportation may enter into
agreements with the duly authorized representatives of any
jurisdiction that issues registration to establish reciprocal
privileges or registration exemptions for vehicles as described
in this section. All of the following apply to an agreement
established under the authority granted by this section:
(1) An agreement may establish any of the following benefits,
privileges and exemptions with respect to the operation of
commercial or noncommercial vehicles in this state:
(a) For purposes of ORS 803.305 exemptions from registration
and payment, wholly or partially, of any vehicle or registration
fees.
(b) Privileges relating to vehicles used by { - disabled - }
persons { + with disabilities + }.
(c) Privileges relating to vehicle parking.
(d) Privileges relating to vehicle dealers.
Enrolled Senate Bill 83 (SB 83-A) Page 251
(e) Privileges, exemptions or benefits relating to farm
vehicles or implements of husbandry.
(f) Privileges relating to persons commercially transporting
vehicles.
(g) Any similar privileges, benefits or exemptions relating to
the operation of vehicles.
(h) Privileges, benefits or exemptions relating to the
registration of fleets of vehicles.
(2) An agreement shall only grant the privileges, benefits and
exemptions to a vehicle or the owner of a vehicle if the vehicle
is any of the following:
(a) Registered in the jurisdiction where the person registering
the vehicle has a legal residence.
(b) A commercial vehicle registered in a jurisdiction where the
commercial enterprise in which the vehicle is used has a place of
business. To qualify under this paragraph the vehicle must be
assigned to the place of business and the place of business must
be the place from which or in which the vehicle is most
frequently dispatched, garaged, serviced, maintained, operated or
otherwise controlled.
(c) A commercial vehicle registered in a jurisdiction where the
vehicle has been registered because of an agreement between two
jurisdictions or a declaration issued by any jurisdiction.
(3) An agreement shall retain the right of the Department of
Transportation to make the final determination as to the proper
place of registration of a vehicle when there is a dispute or
doubt concerning the proper place of registration. An agreement
shall retain the right of the department to confer with the
departments of other jurisdictions affected when making a
determination under this subsection.
(4) An agreement shall not provide for any benefit, exemption
or privilege with respect to fuel taxes, use fuel taxes, weight
mile taxes or any other fees or taxes levied or assessed against
the use of highways or use or ownership of vehicles except
registration taxes, fees and requirements.
(5) An agreement must provide that any vehicle registered in
this state will receive a similar kind or degree of exemptions,
benefits and privileges when operated in another jurisdiction
that is party to the agreement as vehicles registered in the
other jurisdiction receive when operated in this state.
(6) An agreement, in the judgment of the director, shall be in
the best interest of this state and its citizens, shall be fair
and equitable to this state and its citizens and shall be
determined on the basis and recognition of benefits that accrue
to the economy of this state from the uninterrupted flow of
commerce.
(7) An agreement may authorize a vehicle that would otherwise
be required to be registered in one jurisdiction to be registered
in another jurisdiction without losing any benefit, exemption or
privilege under the agreement if the vehicle is operated from a
base located in the other jurisdiction.
(8) An agreement may allow the lessee or lessor of a vehicle,
subject to the terms and conditions of the lease to receive
benefits, exemptions and privileges under the agreement.
(9) An agreement may authorize the department to suspend or
cancel any exceptions, benefits or privileges granted to any
person under the agreement if the person violates any of the
terms or conditions of the agreement or violates any law or rule
of this state relating to vehicles.
Enrolled Senate Bill 83 (SB 83-A) Page 252
(10) All agreements shall be in writing and filed with the
department within 10 days after execution or the effective date
of the agreement, whichever is later.
(11) An agreement may be a limited type agreement with any
state bordering this state as described in this subsection. An
agreement described under this subsection is subject to all of
the following:
(a) The benefits, exemptions and privileges under the agreement
shall only be extended to vehicles or a class of vehicles as
specified in the agreement.
(b) The agreement shall be applicable only within an area in
each state that is situated along the boundary between the states
and that is substantially equal in size.
(c) The usage permitted of the vehicles in the two areas shall
be as substantially equal as may be practicable.
(d) The areas and usage subject to the agreement shall be
described in the agreement.
(e) Proportional registration shall not be required under the
agreement.
(f) The agreement shall comply with other mandatory provisions
of this section and may contain any other provisions described
under this section.
(g) A vehicle operating under the agreement may be required to
obtain a permit under ORS 803.610.
(12) An agreement may require the display or submission of
evidence of registration for any vehicle operating under the
agreement.
SECTION 324. ORS 803.030 is amended to read:
803.030. This section establishes exemptions from the
requirements under ORS 803.025 to obtain title issued by this
state. The exemptions are subject to ORS 803.040. The exemptions
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be titled by
this state are not prohibited from being titled by this state if
titling is permitted under ORS 803.035. The exemptions are
partial or complete as provided in the following:
(1) Title from this state is not required for a vehicle unless
the vehicle is operated on a highway in this state.
(2) Title from this state is not required unless a vehicle is
operated under a registration number of this state.
(3) Snowmobiles, Class I all-terrain vehicles and Class III
all-terrain vehicles are not subject to the requirements under
ORS 803.025. The requirements and procedures for titling
snowmobiles are as provided under ORS 821.060 and 821.070.
(4) Road rollers, farm tractors and traction engines are exempt
from the requirements for title.
(5) Trolleys are exempt from the requirements for title.
(6) Bicycles are exempt from the requirements for title.
(7) United States Government owned and operated motor vehicles
and trailers are exempt from the requirements for title.
(8) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and
{ - invalid chairs - } { + wheelchairs + } are exempt from
the requirements for title.
(9) Fixed load vehicles are exempt from the requirements for
title while operated within the immediate construction project,
as described in the governmental agency contract, in the
construction or reconstruction of state or county roads, highways
or city streets.
Enrolled Senate Bill 83 (SB 83-A) Page 253
(10) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from requirements
for title while:
(a) Owned, leased, contracted or requisitioned by the State
Forester, State Board of Forestry, their contractors under ORS
chapter 477, or the federal government; and
(b) Being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute,
including movement of the vehicles to and from the work area.
(11) Farm trailers are exempt from requirements for title when
the operation or movement of the vehicle upon the highways is
incidental to its use in an agricultural operation.
(12) Golf carts operated under an ordinance adopted under ORS
810.070 are exempt from requirements for title.
(13) Golf carts or similar vehicles are exempt from
requirements for title when:
(a) They have not less than three wheels in contact with the
ground;
(b) They have an unloaded weight of less than 1,300 pounds;
(c) They are designed to be and are operated at not more than
15 miles per hour; and
(d) They are operated by { - disabled - } persons { + with
disabilities + }.
(14) The nonresident owners of vehicles currently registered
and titled in any other country, state or territory may operate
such vehicles over the highways of this state without complying
with the titling requirements under ORS 803.025. All of the
following apply to this subsection:
(a) This subsection only provides an exemption so long as the
owner satisfactorily shows that the owner is not a resident of
this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005, unless
otherwise provided under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the titling requirements under ORS
803.025 in the same manner as required of nontitled vehicles. The
following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007, and according to the
procedures established under ORS 826.009 or 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemptions from titling requirements are in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
Enrolled Senate Bill 83 (SB 83-A) Page 254
commercial vehicles only when engaged exclusively in interstate
commerce.
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
(15) Vehicle dealers issued certificates under ORS 822.020 may
use and operate untitled vehicles as provided under ORS 822.040.
(16) Towing businesses issued certificates under ORS 822.205
may tow untitled vehicles as provided under ORS 822.210.
(17) Vehicle transporters issued certificates under ORS 822.310
may transport untitled vehicles as provided in ORS 822.310.
(18) Untitled vehicles may be operated under trip permits
described under ORS 803.600 or under permits described under ORS
803.610 to 803.625.
(19) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from the
requirements for title.
(20)(a) Vehicles that are registered under the proportional
registration provisions of ORS chapter 826 and are titled in a
jurisdiction other than Oregon are exempt from the requirements
for title.
(b) A trailer that is registered under the proportional
registration provisions of ORS chapter 826 and titled in a
jurisdiction other than Oregon shall remain exempt from the
requirements for title in Oregon if the trailer is registered
when the other jurisdiction removes its exception to proportional
registration requirements for the trailer.
(21) Converter dollies and tow dollies are exempt from the
requirements for title.
(22) Electric personal assistive mobility devices are exempt
from the requirements for title.
SECTION 325. ORS 803.305 is amended to read:
803.305. This section establishes exemptions from the
requirements under ORS 803.300. The exemptions under this section
are in addition to any exemptions under ORS 801.026. Vehicles
exempted by this section from the requirements to be registered
by this state are not prohibited from being registered by this
state if registration is permitted under ORS 803.310. The
following are exempt, either partially or completely as
described, from the registration requirements under ORS 803.300:
(1) Road rollers, farm tractors, trolleys and traction engines
are exempt from registration.
(2) Bicycles are exempt from registration.
(3) A vehicle is exempt from registration if it has
registration issued for the vehicle by the Armed Forces of the
United States where the registration is issued in a foreign
country to a vehicle owned by a member of the Armed Forces. The
exemption granted by this subsection applies only for a period of
45 days from the time the vehicle is returned to the United
States.
(4) A vehicle is exempt from registration if it is not operated
on the highways of this state.
(5) A trailer is exempt from registration if it is equipped
with pneumatic tires made of elastic material and is not operated
in this state with a loaded weight of more than 1,800 pounds. A
trailer for hire, travel trailer or camper is not exempt by this
subsection.
(6) Vehicles owned and operated by the United States Government
are exempt from registration.
Enrolled Senate Bill 83 (SB 83-A) Page 255
(7) Snowmobiles are subject to the requirements for
registration provided under ORS 821.080 to 821.110.
(8) Implements of husbandry, well drilling machinery, emergency
fire apparatus providing public fire protection and
{ - invalid chairs - } { + wheelchairs + } are exempt from
registration.
(9) Road graders, farm tractors and farm trailers on highways
are exempt from registration when the operation of the vehicle
upon the highway is incidental to its use in an agricultural
operation.
(10) Fixed load vehicles are exempt from registration while the
vehicles are operated:
(a) In the construction or reconstruction of state or county
roads, highways or city streets; and
(b) Within the immediate construction projects, as described in
the governmental agency contract under which the work is being
performed.
(11) Motor vehicles designed to operate at a loaded weight over
8,000 pounds, trailers and equipment are exempt from registration
while being used for the purposes of forest protection and fire
suppression under ORS chapter 477 or a similar federal statute.
The exemption under this subsection applies to the vehicles or
equipment described while being moved to or from the work area.
The exemption under this subsection only applies to vehicles or
equipment owned, leased, contracted for or requisitioned by the
State Forester or State Board of Forestry, a contractor of the
State Forester or State Board of Forestry under ORS chapter 477
or the United States Government.
(12) Vehicles being used for the purposes of forest protection
and fire suppression are exempt if the vehicles are necessary in
order to comply with ORS 477.615 or 477.650 or a similar federal
statute. The exemption under this subsection also applies to the
vehicles described being moved to or from the work area.
(13) Golf cart exemptions from registration are as provided in
ORS 820.210.
(14) Vehicles currently registered and titled in any other
country, state or territory are not required to be registered by
this state. All of the following apply to this subsection:
(a) This subsection only provides an exemption as long as the
owner of the vehicle satisfactorily shows that the owner is not a
resident of this state as described under ORS 803.200.
(b) The exemption under this subsection applies to vehicles
granted exemptions under ORS 802.500, 802.520 or 826.005 unless
otherwise provided for under paragraph (c) of this subsection.
(c) Except as otherwise provided in this paragraph, a vehicle
operated over the highways of this state for compensation or
profit must comply with the registration requirements under ORS
803.300 in the same manner as vehicles owned by persons in this
state. The following vehicles are not subject to this paragraph:
(A) Vehicles operated under reciprocal registration exemptions
established under ORS 802.500 or 826.005.
(B) Vehicles operated under an exemption established under ORS
802.520.
(C) Vehicles that are proportionally registered under an
agreement established under ORS 826.007 and according to the
procedures established under ORS 826.009 and 826.011.
(D) Any vehicle if duly registered and titled under the laws of
the state or country of which the owner is a bona fide resident
to the extent that in the foreign country, state, territory or
federal district where the owner resides like exemptions and
Enrolled Senate Bill 83 (SB 83-A) Page 256
privileges are granted vehicles duly registered and titled under
the laws of this state and owned by residents of this state.
(d) If no exemption from registration requirements is in effect
under ORS 802.500, 802.520, 826.005 or 826.007 with respect to
another jurisdiction, any vehicle properly registered and titled
in such other jurisdiction and for which evidence of compliance
is supplied shall receive, when operated in this state, the same
exemptions, benefits and privileges granted by such other
jurisdictions to vehicles properly registered and titled in this
state. Reciprocity extended under this paragraph shall apply to
commercial vehicles only when engaged exclusively in interstate
commerce.
(e) Any vehicle operated under dealer registration plates
issued by another state, country, province, territory or the
District of Columbia is subject to this subsection.
(15) Vehicles operated or used by vehicle dealers may be
operated or used without registration as provided under ORS
822.040.
(16) Vehicles towed by towing businesses may be towed without
registration as provided under ORS 822.210.
(17) Vehicles without registration may be transported by
vehicle transporters as provided under ORS 822.310.
(18) Vehicles that are not registered may be operated under
trip permits described under ORS 803.600 or under permits
described under ORS 803.610 to 803.625.
(19) If trailers that are part of a fleet of trailers for hire
are properly registered in this state under an agreement entered
into pursuant to ORS 802.500, all trailers that are identified as
being a part of the same fleet and that are currently registered
in any state, territory, province, country or the District of
Columbia shall be permitted to operate in this state in both
interstate and intrastate commerce without being registered by
this state.
(20) Vehicles that are registered by the United States
Department of State and that are owned or operated by foreign
nationals with diplomatic immunity are exempt from registration.
(21) Tow dollies and converter dollies are exempt from
registration.
(22) Class I and Class III all-terrain vehicles are exempt from
registration.
(23) Motor assisted scooters are exempt from registration.
(24) Electric personal assistive mobility devices are exempt
from registration.
SECTION 326. ORS 807.070 is amended to read:
807.070. The Department of Transportation shall administer an
examination to establish qualification for each class of license
and endorsement. The examination for each class of license or
endorsement shall include all of the following as described:
(1) A test of the applicant's eyesight. This subsection does
not apply to an applicant with a limited vision condition as
defined in section 2, chapter 277, Oregon Laws 2003.
(2) A test of the applicant's knowledge and understanding of
the traffic laws of this state, safe driving practices and
factors that cause accidents. The following all apply to the test
under this subsection:
(a) The test shall not cover any subject that is not presented
in the publications of the department intended for the
instruction of applicants for licenses and driver permits.
(b) The test for each class of license and endorsement shall
include, but is not limited to, a test of knowledge and
Enrolled Senate Bill 83 (SB 83-A) Page 257
understanding of traffic laws that relate specifically to the
type of driving privileges granted under the specific class of
license or endorsement sought.
(c) The test under this subsection shall include, but is not
limited to, the following subjects:
(A) Rights of { - blind - } pedestrians { + who are
blind + }.
(B) The meaning of official traffic signs and signals.
(C) Proper operating procedure in emergency situations.
(D) Vehicle safety equipment and its use.
(E) Practices necessary for safe operation of a vehicle around
pedestrians and bicyclists.
(d) The department may waive the test under circumstances
described in ORS 807.072.
(3) A test that is an actual demonstration of the applicant's
ability to operate a motor vehicle without endangering the safety
of persons or property. The following apply to this subsection:
(a) The actual demonstration for each class of license shall be
performed in a vehicle that may be operated under the class of
license sought, but that may not be operated under lower classes
of license.
(b) An actual demonstration for a passenger endorsement shall
be performed in a vehicle that is designed to transport 16 or
more persons, including the driver.
(c) An actual demonstration for a school bus endorsement shall
be performed in a school bus.
(d) The department may waive the demonstration under
circumstances described in ORS 807.072.
(4) Any other examination or test, including demonstrations,
that the department determines may be necessary to assist the
department in establishing whether the applicant is eligible for
a license under ORS 807.060 or whether the applicant is fit to
operate a motor vehicle safely on the highways of this state. In
any examination or test under this subsection, the department
shall only conduct an investigation for facts relating directly
to the ability of the applicant to operate a motor vehicle safely
or other facts that are specifically required to show the fitness
of the applicant for license.
SECTION 327. ORS 807.070, as amended by section 10, chapter
277, Oregon Laws 2003, and section 6, chapter 649, Oregon Laws
2005, is amended to read:
807.070. The Department of Transportation shall administer an
examination to establish qualification for each class of license
and endorsement. The examination for each class of license or
endorsement shall include all of the following as described:
(1) A test of the applicant's eyesight.
(2) A test of the applicant's knowledge and understanding of
the traffic laws of this state, safe driving practices and
factors that cause accidents. The following all apply to the test
under this subsection:
(a) The test shall not cover any subject that is not presented
in the publications of the department intended for the
instruction of applicants for licenses and driver permits.
(b) The test for each class of license and endorsement shall
include, but is not limited to, a test of knowledge and
understanding of traffic laws that relate specifically to the
type of driving privileges granted under the specific class of
license or endorsement sought.
(c) The test under this subsection shall include, but is not
limited to, the following subjects:
Enrolled Senate Bill 83 (SB 83-A) Page 258
(A) Rights of { - blind - } pedestrians { + who are
blind + }.
(B) The meaning of official traffic signs and signals.
(C) Proper operating procedure in emergency situations.
(D) Vehicle safety equipment and its use.
(E) Practices necessary for safe operation of a vehicle around
pedestrians and bicyclists.
(d) The department may waive the test under circumstances
described in ORS 807.072.
(3) A test that is an actual demonstration of the applicant's
ability to operate a motor vehicle without endangering the safety
of persons or property. The following apply to this subsection:
(a) The actual demonstration for each class of license shall be
performed in a vehicle that may be operated under the class of
license sought, but that may not be operated under lower classes
of license.
(b) An actual demonstration for a passenger endorsement shall
be performed in a vehicle that is designed to transport 16 or
more persons, including the driver.
(c) An actual demonstration for a school bus endorsement shall
be performed in a school bus.
(d) The department may waive the demonstration under
circumstances described in ORS 807.072.
(4) Any other examination or test, including demonstrations,
that the department determines may be necessary to assist the
department in establishing whether the applicant is eligible for
a license under ORS 807.060 or whether the applicant is fit to
operate a motor vehicle safely on the highways of this state. In
any examination or test under this subsection, the department
shall only conduct an investigation for facts relating directly
to the ability of the applicant to operate a motor vehicle safely
or other facts that are specifically required to show the fitness
of the applicant for license.
SECTION 328. ORS 807.700 is amended to read:
807.700. (1) It shall be the duty of the superintendent of the
hospital for { - the mentally ill or mentally retarded - }
{ + persons with mental retardation or mental illness + } to
notify the Department of Transportation as to released licensed
operators who, in the opinion of the superintendent, should not
drive because of their mental condition.
(2) Upon receipt of information submitted under this section,
the department is subject to the provisions relating to this
section under ORS 809.419.
SECTION 329. ORS 811.035 is amended to read:
811.035. (1) The driver of a vehicle commits the offense of
failure to stop and remain stopped for a { - blind - }
pedestrian { + who is blind + } if the driver violates any of
the following:
(a) A driver approaching a { + pedestrian who is + } blind or
blind and deaf { + , who is + } { - pedestrian - } carrying a
white cane or accompanied by a dog guide, { + and + } who is
crossing or about to cross a roadway, shall stop and remain
stopped until the pedestrian has crossed the roadway.
(b) Where the movement of vehicular traffic is regulated by
traffic control devices, a driver approaching a { + pedestrian
who is + } blind or blind and deaf { - pedestrian - } shall
stop and remain stopped until the pedestrian has vacated the
roadway if the { - blind or blind and deaf - } pedestrian has
entered the roadway and is carrying a white cane or is
accompanied by a dog guide. This paragraph applies
Enrolled Senate Bill 83 (SB 83-A) Page 259
notwithstanding any other provisions of the vehicle code relating
to traffic control devices.
(2) This section is subject to the provisions and definitions
relating to the rights of pedestrians who are blind or blind and
deaf under ORS 814.110.
(3) The offense described in this section, failure to stop and
remain stopped for a { - blind - } pedestrian { + who is
blind + }, is a Class B traffic violation.
SECTION 330. ORS 811.602 is amended to read:
811.602. (1) A disabled person parking permit is a means of
identifying vehicles being used to exercise the parking
privileges described in ORS 811.635. The following are disabled
person parking permits:
(a) A special decal described in ORS 811.605 issued by the
Department of Transportation to be affixed to a golf cart or
substantially similar vehicle;
(b) An individual placard described in ORS 811.605;
(c) A program placard issued by the department under ORS
811.607;
(d) A family placard issued by the department under ORS
811.609; and
(e) A foreign visitor placard issued by the department under
ORS 811.611.
(2) The department shall issue a disabled person parking permit
in the form of a decal or individual placard to any person who
submits an application that complies with ORS 811.604. Nothing in
this section prohibits the department from issuing a decal or
individual placard to a person who has disabled veteran
registration plates issued under ORS 805.100 and who qualifies
for the decal or placard.
(3) Except as otherwise provided in this subsection, the
department may not issue more than one individual placard to an
applicant. The department may issue a replacement placard upon
receipt of proof satisfactory to the department that the original
placard has been lost, mutilated or destroyed. The department may
issue a temporary duplicate permit to a person who needs a
duplicate permit for travel purposes. A temporary duplicate
permit shall be valid for 30 days. The department shall adopt
rules governing application for and issuance of temporary
duplicate permits. Nothing in this subsection prohibits issuance
of an individual placard to a person who has been issued a decal.
(4) Permits issued under this section, other than temporary
duplicate permits, may be renewed by mail.
(5) Permits for use on vehicles that are regularly used as part
of a program for the transportation of { - disabled - }
persons { + with disabilities + } are issued as provided in ORS
811.607.
(6) Except as provided in subsection (7) of this section, the
department shall determine the form, size and content of any
decal or placard issued under this section and shall adopt rules
governing their issuance, display and use as necessary to carry
out this section.
(7)(a) Except as provided in paragraph (b) of this subsection,
the department may not require a decal or placard issued under
this section to an individual or a family to contain any
identifying information about the person to whom the decal or
placard is issued, including any of the following:
(A) Name;
(B) Address;
(C) Telephone number;
Enrolled Senate Bill 83 (SB 83-A) Page 260
(D) Social Security number;
(E) Driver license number;
(F) Golf cart driver permit number;
(G) Identification card number;
(H) Passport or visa number; or
(I) Photograph.
(b) The department may require a decal or placard issued under
this section to an individual or a family to contain not more
than four digits of the driver license or identification card
number of the person to whom the decal or placard is issued.
SECTION 331. ORS 811.604 is amended to read:
811.604. (1) Application for issuance of a disabled person
parking permit in the form of an individual placard or decal
issued under ORS 811.602 shall include:
(a) A certificate by a licensed physician, a certified nurse
practitioner or a licensed physician assistant to the Department
of Transportation that the applicant is a { - disabled - }
person { + with a disability + } or a certificate by a licensed
optometrist that the applicant is a { - disabled - } person
{ + with a disability + } because of loss of vision or
substantial loss of visual acuity or visual field beyond
correction; and
(b) The number of a current, valid driver license, golf cart
driver permit or identification card issued to the applicant by
the department.
(2) Application for renewal of a disabled person parking permit
shall be a signed statement from the holder of the permit saying
that the person is still qualified to hold the permit.
SECTION 332. ORS 811.606 is amended to read:
811.606. The Department of Transportation may issue a placard
showing an expiration date not to exceed six months after the
date of issuance for use by { - temporarily disabled - }
persons { + with temporary disabilities + } upon submission by
the applicant of a certificate described in ORS 811.604 except
that it certifies that the applicant { - is temporarily
disabled - } { + has a temporary disability + } for less than
four years. An applicant for a temporary permit need not have a
driver license, permit or identification card.
SECTION 333. ORS 811.607 is amended to read:
811.607. The Department of Transportation shall issue disabled
person parking permits in the form of program placards for use on
vehicles that are regularly used as part of a program for the
transportation of { - disabled - } persons { + with
disabilities + } or by an adult foster care home. All the
following apply to placards issued under this section:
(1) The department shall determine the form, size and content
of the placards except that the department shall require that a
placard contain the name of the program holding the placard and
the department shall require that the expiration date of a
placard be visible when the placard is displayed in the vehicle.
(2) Placards issued under this section shall be valid for a
period of eight years from the date of issue. Upon expiration,
placards may be renewed in a manner determined by the department
by rule. The department shall authorize renewal by mail of
placards issued under this section.
(3) The department shall determine by rule how programs for the
transportation of { - disabled - } persons { + with
disabilities + } may qualify vehicles for placards issued under
this section.
SECTION 334. ORS 811.609 is amended to read:
Enrolled Senate Bill 83 (SB 83-A) Page 261
811.609. The Department of Transportation shall issue disabled
person parking permits in the form of family placards for use on
vehicles that are regularly used by a family that includes more
than one { - disabled - } person { + with a disability + }.
All the following apply to placards issued under this section:
(1) The department shall determine the form, size and content
of the placards except that the department shall require that the
expiration date of a placard be visible when the placard is
displayed in the vehicle.
(2) Placards issued under this section shall be valid for a
period of eight years from the date of issue. Upon expiration,
placards may be renewed in a manner determined by the department
by rule.
(3) The department shall not issue or renew a placard under
this section unless a licensed physician certifies that the
family includes at least two { - disabled - } persons { +
with disabilities + }.
SECTION 335. ORS 811.611 is amended to read:
811.611. (1) The Department of Transportation may issue a
disabled person parking permit in the form of a placard to a
person who is visiting from a foreign country if the person
presents to the department either a valid driver license or other
grant of driving privileges from the foreign country or a
passport or visa showing that the person is a visitor to the
United States and presents one of the following:
(a) A valid disabled person parking permit issued by the
country that issued the visitor's passport or visa;
(b) A certificate from an official of the agency that issues
disabled person parking permits in the country that issued the
visitor's passport or visa certifying that the person holds a
valid disabled person parking permit; or
(c) A certificate from a licensed physician, a certified nurse
practitioner or a licensed physician assistant addressed to the
Department of Transportation certifying that the applicant is a
{ - disabled - } person { + with a disability + }, or a
certificate from a licensed optometrist certifying that the
applicant is a { - disabled - } person { + with a
disability + } because of loss of vision or substantial loss of
visual acuity or visual field beyond correction.
(2) A disabled person parking permit issued under this section
is valid for 30 days.
SECTION 336. ORS 811.615 is amended to read:
811.615. (1) A person commits the offense of unlawful parking
in a space reserved for { - disabled - } persons { + with
disabilities + } if:
(a) The person parks a vehicle in any parking space that is on
private or public property and that is marked or signed to
provide parking for { - disabled - } persons { + with
disabilities + } and the vehicle does not conspicuously display a
disabled person parking permit described under ORS 811.602 or
811.606 or a disabled parking permit issued by another
jurisdiction; or
(b) The person parks a vehicle in the aisle required by ORS
447.233 regardless of whether or not the vehicle displays a
disabled person parking permit.
(2) This section does not apply to any of the following:
(a) Momentarily parking a vehicle in a parking space marked or
signed for { - disabled - } persons { + with disabilities + }
for the purposes of allowing a { - disabled - } person
{ + with a disability + } to enter or leave the vehicle.
Enrolled Senate Bill 83 (SB 83-A) Page 262
(b) Any parking space that is marked or signed to provide
parking for { - disabled - } persons { + with
disabilities + } and that is subject to different provisions or
requirements under city or county ordinance if the different
provisions or requirements are clearly posted.
(3) Unless the police officer or other authorized person
issuing the citation witnesses the parking of the vehicle, a
rebuttable presumption exists that a vehicle parked in violation
of this section was parked by the registered owner of the vehicle
and the citation issued for the violation may be placed upon the
vehicle. If the parking of the vehicle is witnessed by the police
officer or other person authorized to issue a citation for the
offense, the operator of the vehicle is in violation of this
section.
(4) The penalties provided by this section shall be imposed
regardless of the text or symbol displayed on the marking or sign
reserving the space or aisle for { - disabled - } persons { +
with disabilities + }. The penalties are in addition to the
following:
(a) A vehicle parked on private property in violation of this
section is subject to removal under ORS 98.810 and to lien and
sale under ORS 98.812.
(b) A vehicle parked in violation of this section may be
removed and sold as provided under ORS 811.620.
(5) The offense described in this section, unlawful parking in
a space reserved for { - disabled - } persons { + with
disabilities + }, is a Class A traffic violation except that a
person in violation of this section shall pay a minimum fine of
$190 for the first offense and a minimum fine of $450 for each
subsequent offense.
(6) Notwithstanding any other provision of law and except as
otherwise provided in subsection (7) of this section:
(a) A court may not suspend imposition or execution of a
sentence to pay at least the minimum fine required by this
section for a person's first offense unless the court finds from
clear and convincing evidence that compelling circumstances
require a suspension of a portion of the fine in the interests of
justice. In no event shall a court suspend under this paragraph
more than $140 of the minimum $190 fine.
(b) A court may not suspend imposition or execution of a
sentence to pay a fine for a second or subsequent offense.
(7) If the court finds that the person who was issued a
citation for the offense described in this section lawfully held,
but failed to properly display, a valid permit at the time of
citation, then the court may suspend all but $20 of the fine.
SECTION 337. ORS 811.617 is amended to read:
811.617. (1) A person commits the offense of blocking a parking
space reserved for { - disabled - } persons { + with
disabilities + } if the person:
(a) Stops or parks a vehicle in such a way as to block access
to a parking space that is on private or public property and that
is marked or signed to provide parking for { - disabled - }
persons { + with disabilities + }; or
(b) Places an object or allows an object to be placed in such a
manner that it blocks access to a parking space that is on
private or public property and that is marked or signed to
provide parking for { - disabled - } persons { + with
disabilities + }.
(2)(a) Unless the police officer or other authorized person
issuing the citation witnesses the stopping or parking of a
Enrolled Senate Bill 83 (SB 83-A) Page 263
vehicle in violation of subsection (1)(a) of this section, there
is a rebuttable presumption that the vehicle was stopped or
parked by the registered owner of the vehicle and a citation
issued for the violation may be placed upon the vehicle. If the
stopping or parking of the vehicle is witnessed by the police
officer or other person authorized to issue a citation for the
offense, or if the operator is in the vehicle, the operator of
the vehicle is in violation of this section.
(b) Unless the police officer or other authorized person
issuing the citation witnesses the blocking of a parking space in
violation of subsection (1)(b) of this section, there is a
rebuttable presumption that the owner or manager of the parking
lot placed or allowed placement of the object blocking access to
the parking space and a citation may be issued to the owner or
manager of the parking lot. If a police officer or other person
issuing the citation sees a person placing an object in violation
of subsection (1)(b) of this section, the officer or other person
may issue the citation to the person seen.
(3) For purposes of this section, a parking space includes any
adjacent access aisle as described in ORS 447.233.
(4) The offense described in this section, blocking a parking
space reserved for { - disabled - } persons { + with
disabilities + }, is a Class D traffic violation except that a
person in violation of this section shall pay a minimum fine of
$50. Notwithstanding any other provision of law, a court may not
suspend imposition or execution of a sentence to pay at least the
minimum fine required by this section unless the court finds that
the defendant is indigent.
SECTION 338. ORS 811.625 is amended to read:
811.625. (1) A person commits the offense of { - the - }
unlawful use of a disabled person parking permit { - by a
nondisabled person - } if the person:
(a) Is not a { - disabled - } person { + with a
disability + } and is not transporting the holder of a disabled
person parking permit to or from the parking location; and
(b) Uses a disabled person parking permit described under ORS
811.602 or 811.606 to exercise any privileges granted under ORS
811.635.
(2) The offense described in this section, unlawful use of
{ + a + } disabled person parking permit { - by a nondisabled
person - } , is a Class A traffic violation except that a person
in violation of this section shall pay a minimum fine of $450.
Notwithstanding any other provision of law, a court may not
suspend imposition or execution of a sentence to pay at least the
minimum fine required by this section.
SECTION 339. ORS 811.630 is amended to read:
811.630. (1) A person commits the offense of misuse of a
program placard if the person:
(a) Is the driver of a vehicle that is being used as part of a
program for the transportation of { - disabled - }
persons { + with disabilities + }; and
(b) Uses a program placard described under ORS 811.607 for any
purpose other than exercising privileges granted under ORS
811.637.
(2) The offense described in this section, misuse of a program
placard, is a Class A traffic violation except that a person in
violation of this section shall pay a minimum fine of $190 for a
first offense and a minimum fine of $450 for each subsequent
offense. Notwithstanding any other provision of law, a court may
Enrolled Senate Bill 83 (SB 83-A) Page 264
not suspend imposition or execution of a sentence to pay at least
the minimum fine required by this section.
SECTION 340. ORS 811.632 is amended to read:
811.632. (1) A law enforcement agency authorized to enforce
parking laws may appoint volunteers to issue citations for
violations of ORS 811.615, 811.617, 811.625 and 811.630, or of
ordinances dealing with parking privileges for { - disabled - }
persons { + with disabilities + }. Volunteers appointed under
this subsection must be at least 21 years of age. The law
enforcement agency appointing the volunteers may establish any
other qualifications the agency deems desirable.
(2) Any agency appointing volunteers under this section shall
provide training to the volunteers before authorizing them to
issue citations.
(3) A citation issued by a volunteer appointed under this
section shall have the same force and effect as a citation issued
by a police officer for the same offense.
SECTION 341. ORS 811.635 is amended to read:
811.635. All of the following apply to the parking privileges
granted to { - disabled - } persons { + with disabilities + }
under a disabled person parking permit other than a program
placard described in ORS 811.607:
(1) The privileges granted under a permit may be exercised
notwithstanding ORS 811.575, any authority granted under ORS
810.160 or parking restrictions imposed by any city or county and
without violation thereof.
(2) Subject to the limitations under subsection (3) of this
section, a permit allows its holder, or another person while
transporting its holder to or from the parking location, to
exercise the following privileges:
(a) Park a motor vehicle in any public parking zone restricted
as to the length of time permitted therein without incurring
penalties imposed for overtime parking in such zones.
(b) Park a motor vehicle in any public parking zone with
metered parking without being required to pay any parking meter
fee.
(3) The privileges granted under subsection (2) of this section
do not include any of the following:
(a) Parking in zones where stopping, parking or standing of all
motor vehicles is prohibited.
(b) Parking in the late evening or overnight where such parking
is prohibited.
(c) Parking in zones reserved for special types of motor
vehicles or activities.
(d) Parking in zones where parking is permitted only for 30
minutes or less.
(4) In addition to other privileges granted under a permit, the
person issued a permit, or another person while transporting the
person issued the permit to or from the parking location, may use
the permit to park in a parking space that is marked or signed to
provide parking for { - disabled - } persons { + with
disabilities + } without violation of ORS 811.615.
SECTION 342. ORS 811.637 is amended to read:
811.637. (1) Notwithstanding ORS 811.635, a program placard
described under ORS 811.607 confers only the following
privileges:
(a) It authorizes the driver of a vehicle that is being used as
part of the program to which the placard was issued to park the
vehicle for three hours or less in any public parking zone
Enrolled Senate Bill 83 (SB 83-A) Page 265
restricted as to the length of time permitted therein without
incurring penalties for overtime parking in such zones;
(b) It authorizes the driver of a vehicle that is being used as
part of the program to which the placard was issued to park the
vehicle for three hours or less in any public parking zone with
metered parking without being required to pay any parking meter
fee; and
(c) It authorizes the driver of a vehicle that is being used as
part of the program to which the placard was issued to park the
vehicle for three hours or less in any parking space that is
marked or signed to provide parking for { - disabled - }
persons { + with disabilities + } without violation of ORS
811.615, so long as the vehicle conspicuously displays the
permit.
(2) The privileges granted under subsection (1) of this section
do not include any of the following:
(a) Parking in zones where stopping, parking or standing of all
motor vehicles is prohibited.
(b) Parking in the late evening or overnight where such parking
is prohibited.
(c) Parking in zones reserved for special types of motor
vehicles or activities.
(d) Parking in zones where parking is permitted only for 30
minutes or less.
SECTION 343. ORS 813.270 is amended to read:
813.270. The Intoxicated Driver Program Fund is created to
consist of moneys placed in the fund under ORS 813.030 and
813.240 or as otherwise provided by law and of gifts and grants
made to the fund for carrying out the purposes of the fund. The
moneys in the fund may be used only for the following purposes:
(1) To pay for providing treatment for individuals who enter
diversion agreements under ORS 813.200 and who are found to be
indigent. Payment for treatment under this subsection may include
treatment for problem drinking, alcoholism or drug dependency.
Payment shall be made as provided by the Director of Human
Services by rule to agencies or organizations providing
treatment.
(2) To pay for evaluation as provided by law of programs used
for diversion agreements.
(3) To pay the cost of administration of the fund by the
Director of Human Services.
(4) To pay for materials, resources and training supplied by
the Director of Human Services to those persons, organizations or
agencies performing the diagnostic assessments or providing
education or treatment to persons under diversion agreements.
(5) To pay for providing treatment programs required under ORS
813.020 and treatment or information programs required under ORS
471.432 for individuals who are found to be indigent.
(6) To pay for special services required to enable a
{ - disabled - } person { + with a disability + }, or a
person whose proficiency in the use of English is limited because
of the person's national origin, to participate in treatment
programs that are used for diversion agreements under ORS 813.200
or are required under ORS 813.020. This subsection applies:
(a) Whether or not the person is indigent; and
(b) Only to special services required solely because of the
person's disability or limited proficiency in the use of English.
SECTION 344. ORS 814.110 is amended to read:
814.110. (1) This section establishes rights for pedestrians
who are blind or blind and deaf. The rights established by this
Enrolled Senate Bill 83 (SB 83-A) Page 266
section are enforced by ORS 811.035 and 814.120. The following
definitions apply to this section and to ORS 811.035 and 814.120:
{ - (a) 'Blind person' means a person who has 20/200 vision
or less, or a visual field of 20 degrees or less. - }
{ - (b) - } { + (a) + } 'Dog guide' means a dog that is
wearing a dog guide harness and is trained to lead or guide a
{ - blind - } person { + who is blind + }.
{ + (b) 'Person who is blind' means a person who has 20/200
vision or less, or a visual field of 20 degrees or less. + }
(c) 'White cane' means a cane or walking stick that is white in
color or white with a red tip.
(2) This section and ORS 811.035 and 814.120 grant and enforce
the following rights for pedestrians who are blind or blind and
deaf:
(a) A { + person who is + } blind or blind and deaf
{ - person - } may carry and use a white cane on the highways
and other public places of this state for the purposes of
identification and mobility.
(b) Any { - blind - } person who is { + blind and + } deaf
may use a white cane marked by a six-inch wide chartreuse colored
strip at the tip end.
(3) A { + pedestrian who is + } blind or blind and deaf
{ - pedestrian - } { + and + } who is not carrying a white cane
or not accompanied by a dog guide has all the rights and
privileges granted by law to all pedestrians.
SECTION 345. ORS 814.120 is amended to read:
814.120. (1) A person commits the offense of unlawful use of a
white cane { - by a sighted person - } if the person uses or
carries a white cane on the highways or any other public place of
this state and the person is not blind or blind and deaf.
(2) This section is subject to the provisions and definitions
relating to the rights of pedestrians who are blind or blind and
deaf under ORS 814.110.
(3) The offense described in this section, unlawful use of a
white cane { - by a sighted person - } , is a Class D traffic
violation.
SECTION 346. ORS 814.528 is amended to read:
814.528. (1) A person commits the offense of operation of a
motor assisted scooter in a crosswalk if the person fails to walk
the motor assisted scooter in a crosswalk.
(2) This section does not apply to a { - disabled - }
person { + with a disability + } operating a motor assisted
scooter in a crosswalk.
(3) The offense described in this section, operation of a motor
assisted scooter in a crosswalk, is a Class D traffic violation.
SECTION 347. ORS 815.110 is amended to read:
815.110. This section establishes requirements for ORS 815.115.
The requirements under this section are in addition to any other
requirements for lighting equipment provided by law. Except as
specifically provided by an exemption under ORS 815.120, a person
violates ORS 815.115 if the person does not comply with any of
the following requirements:
(1) The following types of vehicles must display slow-moving
vehicle emblems described under ORS 815.060:
(a) Vehicles or combinations of vehicles designed for customary
use at speeds of less than 25 miles per hour.
(b) Golf carts or similar vehicles when operated by a
{ - disabled - } person { + with a disability + }.
(c) Class I all-terrain vehicles operated on a highway under
ORS 821.191 (1).
Enrolled Senate Bill 83 (SB 83-A) Page 267
(2) Slow-moving vehicle emblems must meet the requirements for
such emblems established by the Department of Transportation by
rule under ORS 815.060.
(3) Slow-moving vehicle emblems shall be displayed on the rear
of the power unit. When a combination of vehicles is being
operated in a manner that obscures the emblem mounted on the
power unit, an additional emblem shall be displayed on the rear
of the rearmost vehicle in the combination.
SECTION 348. ORS 815.300 is amended to read:
815.300. This section establishes exemptions from the
requirements under ORS 815.295 to be equipped with a certified
pollution control system. Exemptions established by this section
are in addition to any exemptions established by ORS 801.026. The
exemptions established in this section are also applicable to
requirements for certification of pollution control equipment
before registration under ORS 803.350 and 803.465. All of the
following vehicles are exempt from the requirements under ORS
815.295:
(1) Any vehicle that is not a motor vehicle.
(2) Any vehicle unless the vehicle is registered within:
(a) The boundaries of the metropolitan service district formed
under ORS chapter 268 for the metropolitan area, as defined in
ORS 268.020, which includes the City of Portland, Oregon.
(b) Boundaries designated by the Environmental Quality
Commission under ORS 468A.390.
(3) Any new motor vehicle or new motor vehicle engine when the
registration results from the initial retail sale thereof.
(4) Any motor vehicle:
(a) Not registered in areas designated under subsection (2)(a)
of this section, including any expansion of such boundary under
subsection (2)(b) of this section, with a model year that
predates by more than 20 years the year in which registration or
renewal of registration is required; or
(b) Registered in areas designated under subsection (2)(a) of
this section, including any expansion of such boundary under
subsection (2)(b) of this section, with a model year of 1974 or
earlier.
(5) Motor vehicles that are registered as farm vehicles under
ORS 805.300 or apportioned farm vehicles under ORS 805.300.
(6) Special interest vehicles that are maintained as
collectors' items and used for exhibitions, parades, club
activities and similar uses but not used primarily for the
transportation of persons or property.
(7) Fixed load vehicles.
(8) Vehicles that are proportionally registered under ORS
826.009 and 826.011 in accordance with agreements established
under ORS 826.007.
(9) Electric motor vehicles. This subsection does not exempt
hybrid motor vehicles that use electricity and another source of
motive power.
(10) First response rescue units operated by political
subdivisions of this state that are not used to transport persons
{ - suffering from illness, injury or disability - } { + who
are ill or injured or who have disabilities + }.
(11) A vehicle that is currently registered in Oregon at the
time application for new registration is received by the
Department of Transportation if the new registration is a result
of a change in the registration or plate type and the application
is received at least four months prior to the expiration of the
existing registration.
Enrolled Senate Bill 83 (SB 83-A) Page 268
(12) Golf carts.
(13) Any Class I, Class II or Class III all-terrain vehicle.
(14) An original equipment manufacturer vehicle that is
engineered, designed, produced and warranted to use natural gas
as its only fuel source.
SECTION 349. ORS 820.210 is amended to read:
820.210. (1) Golf carts operated in accordance with an
ordinance adopted under ORS 810.070 are exempt from registration
requirements under the vehicle code.
(2) Golf carts or substantially similar vehicles that are
operated by { - disabled - } persons { + with
disabilities + } at not more than 15 miles an hour are exempt
from registration requirements under the vehicle code.
(3) Notwithstanding any provision of the vehicle code relating
to vehicle equipment and condition, upon designation of a portion
of a highway becoming effective under an ordinance adopted under
ORS 810.070, it shall be lawful to drive golf carts on highways
or portions thereof so designated in accordance with the rules
and regulations prescribed by the local authority.
SECTION 350. ORS 820.220 is amended to read:
820.220. (1) A person commits the offense of operation of a
low-speed vehicle in a prohibited area if the person is a
{ - disabled - } person { + with a disability + } and the
person operates a golf cart or substantially similar motor
vehicle on any highway with a speed designation greater than 25
miles per hour.
(2) The offense described in this section, operation of
low-speed vehicle in prohibited area, is a Class D traffic
violation.
SECTION 351. ORS 822.105 is amended to read:
822.105. In addition to exemptions from the vehicle code under
ORS 801.026, ORS 822.100 does not apply to the following:
(1) An insurance adjuster authorized to do business under ORS
744.505 or 744.515 who is disposing of vehicles for salvage.
(2) Road rollers, farm tractors, trolleys or traction engines.
(3) Implements of husbandry, well-drilling machinery and
{ - invalid chairs - } { + wheelchairs + }.
(4) Golf carts.
SECTION 352. ORS 825.017 is amended to read:
825.017. Except as provided in ORS 825.026, this chapter does
not apply to the persons or vehicles described in this section.
The exemption under this section applies to the following persons
and vehicles:
(1) Vehicles being used by, or under contract with, any school
board, district or person responsible for the administration of
elementary or secondary school activities, and engaged
exclusively in transporting students or combinations of students
and other persons to or from school, to or from authorized school
activities or other activities sponsored by the State Board of
Higher Education, or for purposes provided under ORS 332.427.
This exemption shall not be affected by the charging of a fee to
cover the costs of the transportation.
(2) Vehicles being used in a taxicab operation if the vehicle:
(a) Is a passenger vehicle with a passenger seating capacity
that does not exceed five;
(b) Carries passengers for hire where the destination and route
traveled may be controlled by a passenger and the fare is
calculated on the basis of any combination of an initial fee,
distance traveled or waiting time; and
Enrolled Senate Bill 83 (SB 83-A) Page 269
(c) Is transporting persons or property, or both, between
points in Oregon.
(3) Vehicles being used for the transportation of property by
private carrier by means of a single vehicle or combination of
vehicles with a combined weight that does not exceed 8,000
pounds.
(4) Vehicles being used in operating implements of husbandry.
(5) Vehicles being used as a hearse or ambulance.
(6) Vehicles being used over any private road or thoroughfare.
(7) Vehicles being used on any road, thoroughfare or property,
other than a state highway, county road or city street, for the
removal of forest products as defined in ORS 321.005, or the
product of forest products converted to a form other than logs at
or near the harvesting site, or when used for the construction or
maintenance of the road, thoroughfare or property, pursuant to a
written agreement or permit authorizing the use, construction or
maintenance of the road, thoroughfare or property, with:
(a) An agency of the United States;
(b) The State Board of Forestry;
(c) The State Forester; or
(d) A licensee of an agency named in this subsection.
(8) Vehicles being used on any county road for the removal of
forest products as defined in ORS 321.005, or the products of
forest products converted to a form other than logs at or near
the harvesting site, if:
(a) The use is pursuant to a written agreement entered into
with the State Board of Forestry, the State Forester or an agency
of the United States, authorizing the owner of the motor vehicle
to use the road and requiring the owner to pay for or to perform
the construction or maintenance of the county road, including any
operator of a motor vehicle retained to transport logs, poles and
piling for the owners who are exempt under this section;
(b) The board, officer or agency that entered into the
agreement or granted the permit, by contract with the county
court or board of county commissioners, has assumed the
responsibility for the construction or maintenance of the county
road; and
(c) Copies of the agreements or permits required by this
subsection are filed with the Director of Transportation.
(9) Vehicles being used in the transportation of persons for
hire if the operation:
(a) Is performed by a nonprofit entity;
(b) Is not in competition with a regular route full-service
scheduled carrier of persons that is subject to the provisions of
this chapter or a service provided by a mass transit district
formed under ORS chapter 267;
(c) Is performed by use of vehicles operating in compliance
with ORS 820.020 to 820.070; and
(d) Is approved by the Department of Transportation as
complying with paragraphs (a) to (c) of this subsection.
(10) Vehicles being used in transporting { - disabled - }
persons { + with disabilities + }, with or without their
supervisors or assistants, to or from rehabilitation facilities
or child care services if the motor vehicle is a passenger motor
vehicle with a seating capacity of not more than 12 passengers.
The exemption provided by this subsection applies only when the
motor vehicle is operated by or under contract with any person
responsible for the administration of rehabilitation facilities
as defined in ORS 344.710 to 344.730 or child care services
Enrolled Senate Bill 83 (SB 83-A) Page 270
provided by a facility licensed under ORS 657A.030 and 657A.250
to 657A.450.
(11) Vehicles owned or operated by the United States or by any
governmental jurisdiction within the United States except when
owned or operated as a carrier of property for hire.
(12) Vehicles owned or operated by a mass transit district
created under ORS chapter 267.
(13) Vehicles owned or operated by, or under contract with, a
person responsible for the construction or reconstruction of a
highway under contract with the Department of Transportation or
with an agency of the United States when operated within the
immediate construction project as described in the governmental
agency contract during the construction period.
(14) Vehicles owned or operated by, or under contract with, a
charitable organization when exclusively engaged in performing
transportation, either one way or round trip, necessary to the
operation of the charitable organization. As used in this
subsection, 'charitable organization' means an organization that
has no capital stock and no provision for making dividends or
profits, but derives its funds principally from public and
private charity and holds them in trust for the promotion of the
welfare of others and not for profit. Any organization claiming
an exemption under this subsection shall file an affidavit with
the department stating that it is organized and operated in
accordance with the requirements of this subsection.
(15) Vehicles with a maximum speed that does not exceed 35
miles per hour that are designed for off-road use and that are
operated on the public highways in any one calendar year a number
of miles that does not exceed 15 percent of the total number of
miles the vehicle is operated for that calendar year.
(16) Passenger vehicles with a passenger seating capacity that
does not exceed five when used in the transportation of new
telephone books.
(17) A vehicle that is used in a limousine service operation in
which the destination and route traveled may be controlled by the
passenger and the fare is calculated on the basis of any
combination of initial fee, distance traveled and waiting time if
the vehicle:
(a) Is a passenger vehicle with a passenger seating capacity
that does not exceed eight;
(b) Carries passengers for hire between points in Oregon; and
(c) Operates on an irregular route basis.
(18) Fire trucks and rescue vehicles that are designated as
emergency vehicles by the Department of Transportation under ORS
801.260, while involved in emergency and related operations.
SECTION 353. Section 9, chapter 290, Oregon Laws 1987, as
amended by section 2, chapter 872, Oregon Laws 1991, section 32,
chapter 280, Oregon Laws 1995, section 2, chapter 451, Oregon
Laws 1995, and section 1, chapter 384, Oregon Laws 1999, is
amended to read:
{ + Sec. 9. + } As used in sections 9 to 14, chapter 290,
Oregon Laws 1987, unless the context requires otherwise:
(1) 'Adaptive equipment' means equipment that permits a
{ - disabled - } person { + with a disability + }, other than
a person who is { + hard of + }hearing or speech impaired, to
communicate effectively on the telephone.
(2) 'Applicant' means a person who applies for an assistive
telecommunication device, adaptive equipment or a signal device.
(3) 'Assistive telecommunication device' means a device that
utilizes a keyboard, acoustic coupler, display screen, Braille
Enrolled Senate Bill 83 (SB 83-A) Page 271
display, speakerphone or amplifier to enable { + people who
are + } deaf, deaf-blind, severely { + hard of + } hearing
{ - impaired - } or severely speech impaired { - people - }
to communicate effectively on the telephone.
(4) 'Audiologist' means a person who has a master's or doctoral
degree in audiology and a Certificate of Clinical Competence in
audiology from the American Speech-Language-Hearing Association.
(5) 'Deaf' means a profound hearing loss, as determined by an
audiologist or a vocational rehabilitation counselor of the
Department of Human Services, that requires use of an assistive
telecommunication device to communicate effectively on the
telephone.
(6) 'Deaf-blind' means a hearing loss and a visual impairment,
as determined by a licensed physician and by an audiologist or a
vocational rehabilitation counselor of the Department of Human
Services, that require use of an assistive telecommunication
device to communicate effectively on the telephone.
(7) { - ' Disabled' - } { + 'Disability' + } means a
physical condition, as determined by a licensed physician or
vocational rehabilitation counselor of the Department of Human
Services, other than hearing or speech impairment that requires
use of adaptive equipment to utilize the telephone.
(8) 'Physician' means an applicant's primary care physician or
a medical specialist who is able to determine an applicant's
disability and to whom the applicant was referred by the primary
care physician.
(9) 'Recipient' means a person who receives adaptive equipment,
an assistive telecommunication device or a signal device.
(10) 'Severely { + hard of + } hearing { - impaired - } '
means a hearing loss, as determined by an audiologist or
vocational rehabilitation counselor of the Department of Human
Services, that requires use of an assistive telecommunication
device to communicate effectively on the telephone.
(11) 'Severely speech impaired' means a speech disability, as
determined by a speech-language pathologist or vocational
rehabilitation counselor of the Department of Human Services,
that requires use of an assistive telecommunication device to
communicate effectively on the telephone.
(12) 'Signal device' means a mechanical device that alerts a
{ + person who is + } deaf, deaf-blind or severely { + hard
of + } hearing
{ - impaired person - } of an incoming telephone call.
(13) 'Speech-language pathologist' means a person who has a
master's degree or equivalency in speech-language pathology and a
Certificate of Clinical Competence issued by the American
Speech-Language-Hearing Association.
(14) 'Telecommunications relay center' means a facility
authorized by the Public Utility Commission to provide
telecommunications relay service.
(15) 'Telecommunications relay service' means the provision of
voice and teletype communication between users of some assistive
telecommunication devices and other parties.
SECTION 354. Section 10, chapter 290, Oregon Laws 1987, as
amended by section 3, chapter 872, Oregon Laws 1991, and section
2, chapter 384, Oregon Laws 1999, is amended to read:
{ + Sec. 10. + } It is recognized that a large number of
people in this state, through no fault of their own, are unable
to utilize telecommunication equipment due to the inability to
hear or speak well enough or due to other disabilities. It is
also recognized that present technology is available, but at
Enrolled Senate Bill 83 (SB 83-A) Page 272
significant cost, that would allow these people to utilize
telecommunication equipment in their daily activities. There is,
therefore, a need to make { + available + } such technology in
the form of assistive telecommunication devices and a
telecommunications relay service
{ - available to - } { + for people who are + } deaf,
severely { + hard of + } hearing
{ - and - } { + or severely + }speech impaired
{ - people - } or adaptive equipment for { - disabled - }
people { + with disabilities + } at no additional cost beyond
normal telephone service. The provision of assistive
telecommunication devices and a telecommunications relay service
or adaptive equipment would allow those formerly unable to use
telecommunication systems to more fully participate in the
activities and programs offered by government and other community
agencies, as well as in their family and social activities. The
assistive telecommunication devices or adaptive equipment would
be provided on a loan basis to each recipient, to be returned if
the recipient moves out of the state.
SECTION 355. Section 11, chapter 290, Oregon Laws 1987, as
amended by section 4, chapter 872, Oregon Laws 1991, and section
3, chapter 384, Oregon Laws 1999, is amended to read:
{ + Sec. 11. + } (1) With the advice of the Telecommunication
Devices Access Program Advisory Committee, the Public Utility
Commission shall establish and administer a statewide program to
purchase and distribute assistive telecommunication devices to
persons who are deaf { + , + } { - or - } severely { + hard
of + } hearing { + , + } { - or - } { + severely + } speech
impaired or deaf-blind and establish a dual party relay system
making telephone service generally available to persons who are
deaf { + , + }
{ - or - } severely { + hard of + } hearing { + , + }
{ - or - } { + severely + } speech impaired or deaf-blind.
(2) With the advice of the Telecommunication Devices Access
Program Advisory Committee, the Public Utility Commission shall
establish and administer a statewide program to purchase and
distribute adaptive equipment to make telephone service generally
available to persons with physical disabilities.
SECTION 356. Section 12, chapter 290, Oregon Laws 1987, as
amended by section 5, chapter 872, Oregon Laws 1991, is amended
to read:
{ + Sec. 12. + } (1) A Telecommunication Devices Access
Program Advisory Committee shall be established to advise the
Public Utility Commission concerning matters of general
development, implementation and administration of the
Telecommunication Devices Access Program.
(2) The Telecommunication Devices Access Program Advisory
Committee shall include:
(a) Nine consumers including seven who are deaf or { + hard
of + } hearing { - impaired - } , one who is speech impaired
and one who { - is disabled - } { + has a disability + };
(b) One professional in the field of speech impairment, hearing
impairment or deafness or disability;
(c) One member of the Public Utility Commission or a designee
of the commission; and
(d) One representative from those telephone companies
interested in providing telecommunication devices access relay
services.
SECTION 357. Section 14, chapter 290, Oregon Laws 1987, as
amended by section 1, chapter 115, Oregon Laws 1989, section 7,
Enrolled Senate Bill 83 (SB 83-A) Page 273
chapter 872, Oregon Laws 1991, section 33, chapter 280, Oregon
Laws 1995, and section 5, chapter 384, Oregon Laws 1999, is
amended to read:
{ + Sec. 14. + } (1)(a) In order to be eligible to receive
assistive telecommunication devices or adaptive equipment,
individuals must be certified as deaf, severely { + hard of + }
hearing { - impaired - } , severely speech impaired or
deaf-blind by a licensed physician, audiologist, speech-language
pathologist or vocational rehabilitation counselor of the
Department of Human Services. Certification implies that the
individual cannot use the telephone for expressive or receptive
communication.
(b) No more than one assistive telecommunication device or
adaptive equipment device shall be provided to a household.
However, two assistive telecommunication devices or adaptive
equipment devices may be provided to a household if more than one
eligible person permanently resides in the household. Households
without any assistive telecommunication devices or adaptive
equipment shall be given priority over households with one
assistive telecommunication device or adaptive equipment device
when such devices are distributed.
(c) Nothing in sections 9 to 14, chapter 290, Oregon Laws 1987,
shall require a telecommunications utility to provide an
assistive telecommunication device to any person in violation of
ORS 646.730.
(2)(a) In order to be eligible to receive adaptive equipment,
individuals must be certified to have the required disability by
a person or agency designated by the Public Utility Commission to
make such certifications. Certification implies that the
individual is unable to use the telephone.
(b) Nothing in sections 9 to 14, chapter 290, Oregon Laws 1987,
shall require a telecommunications utility to provide adaptive
equipment to any person in violation of ORS 646.730.
SECTION 358. Section 15, chapter 736, Oregon Laws 2003, as
amended by section 3, chapter 757, Oregon Laws 2005, is amended
to read:
{ + Sec. 15. + } As used in sections 15 to 22, chapter 736,
Oregon Laws 2003:
(1) 'Assessment rate' means the rate established by the
Director of Human Services under section 17, chapter 736, Oregon
Laws 2003.
(2) 'Gross revenue':
(a) Means the revenue paid to a long term care facility for
patient care, room, board and services, less contractual
adjustments; and
(b) Does not include revenue derived from sources other than
operations, including but not limited to interest and guest
meals.
(3) 'Long term care facility' has the meaning given that term
in ORS 442.015, but does not include an intermediate care
facility for { - the mentally retarded - } { + persons with
mental retardation + }.
(4) 'Patient days' means the total number of patients occupying
beds in a long term care facility, determined as of 11:59 p.m. of
each day, for all days in the calendar period for which an
assessment is being reported and paid. For purposes of this
subsection, if a long term care facility patient is admitted and
discharged on the same day, the patient shall be deemed present
on 11:59 p.m. of that day.
(5) 'Waivered long term care facility' means:
Enrolled Senate Bill 83 (SB 83-A) Page 274
(a) A long term care facility operated by a continuing care
retirement community that is registered under ORS 101.030 and
that admits:
(A) Residents of the continuing care retirement community; or
(B) Residents of the continuing care retirement community and
nonresidents; or
(b) A long term care facility that is annually identified by
the Department of Human Services as having a Medicaid recipient
census that exceeds the census level established by the
department.
SECTION 359. Section 2, chapter 204, Oregon Laws 2005, is
amended to read:
{ + Sec. 2. + } (1) In carrying out the provisions of section
2, chapter 290, Oregon Laws 1987, the Public Utility Commission
shall adopt rules to prohibit the termination of local exchange
residential service if the termination would significantly
endanger a customer, or a person in the household of the
customer, who is:
(a) At risk of domestic violence, as defined in ORS 135.230;
(b) At risk of unwanted sexual contact, as defined in ORS
163.305;
(c) A person with { - disabilities - } { + a
disability + }, as defined in ORS 124.005, who is at risk of
abuse, as defined in ORS 124.005 (1)(a), (d) or (e);
(d) An elderly person, as defined in ORS 124.005, who is at
risk of abuse, as defined in ORS 124.005 (1)(a), (d) or (e); or
(e) A victim of stalking, as described in ORS 163.732.
(2) A customer may establish that termination of local exchange
residential service would significantly endanger the customer, or
a person in the household of the customer, by providing a
telecommunications public utility with an affidavit signed by the
customer stating that termination would place the customer, or a
person in the household of the customer, at significant risk of
domestic violence, as defined in ORS 135.230, or of unwanted
sexual contact, as defined in ORS 163.305. The customer must
attach to the affidavit a copy of an order issued under ORS
30.866, { - 107.700 to 107.732 - } { + 107.700 to
107.735 + }, 124.005 to 124.040 or 163.738 that restrains another
person from contact with the customer, or a person in the
household of the customer, or a copy of any other court order
that restrains another person from contact with the customer, or
a person in the household of the customer, by reason of a risk
described in subsection (1) of this section or by reason of
stalking.
(3) The commission shall require that each telecommunications
public utility establish procedures for submitting and receiving
affidavits under subsection (2) of this section.
(4) This section does not apply to termination of any
telecommunication service other than local exchange residential
service.
(5) A customer submitting an affidavit as provided by
subsection (2) of this section is not excused from paying for
telecommunication service. Customers are required to enter into a
reasonable payment agreement with the telecommunications public
utility if an overdue balance exists. Local exchange residential
service may be terminated if a customer refuses to enter into or
fails to abide by the terms of a reasonable payment agreement.
(6) Nothing in this section prevents the termination of local
exchange residential service if the telecommunications public
utility providing the service does not have the technical ability
Enrolled Senate Bill 83 (SB 83-A) Page 275
to terminate toll telecommunication service without also
terminating local exchange residential service.
----------
Passed by Senate March 5, 2007
Repassed by Senate April 9, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 4, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 83 (SB 83-A) Page 276
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 83 (SB 83-A) Page 277
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 45.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 46.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 47.
DSMW32708E TEXT EXCEEDS RIGHT PAGE BOUNDARY ON PAGE 48.