74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 167
(To Resolve Conflicts)
A-Engrossed
Senate Bill 84
Ordered by the House March 28
Including House Amendments dated March 28 to resolve conflicts
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 the Legislative Counsel)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Makes nonsubstantive and technical changes in Oregon
law. Corrects grammar and punctuation. Deletes obsolete
provisions. Conforms language to existing statutes and
legislative style.
A BILL FOR AN ACT
Relating to correction of erroneous material in Oregon law;
creating new provisions; amending ORS 1.560, 3.434, 18.845,
18.896, 25.280, 25.287, 30.908, 35.315, 45.250, 51.080, 59.245,
59.885, 60.121, 82.025, 86.155, 87.242, 87.570, 87.705, 87.930,
90.396, 90.532, 92.405, 94.585, 107.105, 109.252, 116.007,
131.550, 131.602, 132.550, 135.185, 135.921, 137.225, 137.656,
144.102, 144.270, 144.460, 147.450, 147.465, 147.471, 151.211,
153.005, 163.275, 163.730, 164.015, 164.075, 164.085, 164.135,
164.415, 164.805, 169.166, 174.535, 181.010, 181.511, 181.521,
181.530, 182.454, 182.456, 182.460, 190.520, 196.810, 196.855,
196.860, 197.646, 197.732, 198.360, 209.200, 215.213, 215.283,
215.455, 236.350, 238A.400, 243.800, 246.565, 254.470, 260.007,
267.090, 279A.025, 280.070, 283.305, 285C.050, 285C.090,
285C.306, 287.252, 288.160, 289.010, 294.160, 294.725, 294.735,
319.510, 342.144, 348.280, 348.702, 351.086, 351.890, 367.171,
377.727, 390.715, 408.070, 408.225, 409.450, 414.805, 416.422,
416.483, 418.475, 418.992, 419A.047, 419A.250, 419B.090,
420.040, 421.084, 423.010, 426.020, 430.405, 430.695, 431.045,
431.220, 432.510, 438.150, 438.210, 440.335, 441.030, 441.063,
441.084, 442.120, 442.495, 442.830, 443.035, 443.225, 443.437,
446.525, 446.721, 448.123, 448.279, 452.240, 453.520, 455.110,
456.585, 459.311, 460.165, 461.110, 462.150, 465.386, 466.510,
468.110, 468A.160, 468B.555, 469.611, 470.065, 471.810,
475A.005, 479.210, 479.250, 479.630, 480.095, 480.210, 480.215,
480.244, 480.530, 480.540, 480.555, 480.565, 480.580, 480.615,
480.630, 496.275, 507.050, 530.030, 530.040, 530.170, 530.490,
530.628, 543.017, 561.144, 571.057, 578.090, 583.425, 583.518,
607.328, 616.345, 616.385, 616.850, 618.010, 618.066, 622.080,
632.595, 633.015, 633.055, 633.065, 633.077, 633.088, 634.212,
646.605, 646.661, 646.686, 646.691, 650.145, 650.165, 652.420,
653.280, 656.172, 657.078, 657.092, 657.321, 657.331, 657.370,
657.458, 659A.820, 660.010, 660.155, 662.805, 663.150, 670.304,
677.785, 677.805, 677.812, 688.830, 691.405, 701.055, 701.500,
709.030, 709.535, 711.550, 713.045, 716.592, 722.004, 735.430,
735.465, 735.470, 735.740, 742.560, 743.556, 744.001, 744.056,
748.603, 802.250, 810.540, 825.490, 825.494 and 837.990 and
ORCP 78 C and 79 E; and repealing ORS 182.451, 632.405, 632.505
and 722.002.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 174.535 is amended to read:
174.535. It is the policy of the Legislative Assembly to revise
sections from Oregon Revised Statutes and Oregon law periodically
in order to maintain accuracy. However, nothing in chapter 740,
Oregon Laws 1983, chapter 565, Oregon Laws 1985, chapter 158,
Oregon Laws 1987, chapter 171, Oregon Laws 1989, chapters 67 and
927, Oregon Laws 1991, chapters 18 and 469, Oregon Laws 1993,
chapter 79, Oregon Laws 1995, chapter 249, Oregon Laws 1997,
chapter 59, Oregon Laws 1999, chapter 104, Oregon Laws 2001,
chapter 14, Oregon Laws 2003, { - or - } chapter 22, Oregon
Laws 2005, { + or this 2007 Act + } is intended to alter the
legislative intent or purpose of statutory sections affected by
chapter 740, Oregon Laws 1983, chapter 565, Oregon Laws 1985,
chapter 158, Oregon Laws 1987, chapter 171, Oregon Laws 1989,
chapters 67 and 927, Oregon Laws 1991, chapters 18 and 469,
Oregon Laws 1993, chapter 79, Oregon Laws 1995, chapter 249,
Oregon Laws 1997, chapter 59, Oregon Laws 1999, chapter 104,
Oregon Laws 2001, chapter 14, Oregon Laws 2003, { - and - }
chapter 22, Oregon Laws 2005, { + and this 2007 Act + } except
insofar as the amendments thereto, or repeals thereof,
specifically require.
{ + NOTE: + } Sets forth Reviser's Bill policy statement.
SECTION 2. ORS 1.560 is amended to read:
1.560. In any case in which the judge desires the appointment
of private counsel, the judge shall so notify the State Court
Administrator. The State Court Administrator, under the direction
of the Supreme Court, may authorize the judge to employ private
counsel under the following circumstances:
(1) { - Where - } { + When + } the judge is a defendant in
an action, suit or proceeding and there is no other party
directly interested in the outcome of the action, suit or
proceeding who should fairly bear the cost of representation;
{ - or - }
(2) { - Where - } { + When + } the judge is a defendant in
an action, suit or proceeding and the State Court Administrator
concludes that no party interested in the outcome of the action,
suit or proceeding will provide adequate representation for the
judge; or
(3) In any action, suit or proceeding, { - where - }
{ + when + } the State Court Administrator finds that employing
private counsel is necessary to protect the public interest, the
integrity of the judicial system, or the interests of the judge
in performing duties as a state officer.
{ + NOTE: + } Removes superfluous conjunction in (1); updates
word choice in (1), (2) and (3).
SECTION 3. ORS 3.434 is amended to read:
3.434. (1) No later than January 1, 1999, the presiding judge
of each judicial district shall adopt a plan to coordinate the
provision of services to families involved in domestic relations
or other family court proceedings.
(2) The presiding judge of the judicial district shall
establish a local family law advisory committee for the judicial
district. The committee will prepare the plan required by
subsection (1) of this section. The membership of the local
advisory committee must reflect the diversity of the judicial
district and must include, in addition to the presiding judge or
a judge designated by the presiding judge, the trial court
administrator and business, social service, community and
government representatives who must be knowledgeable in family
and family law issues. In judicial districts composed of more
than one county, the presiding judge may establish a local
advisory committee in each county or establish one or more
committees to serve multiple counties.
(3)(a) At a minimum, the local family law advisory committee
shall address the following in the plan:
(A) Mandates for mediation of child custody or parenting time
disputes, requiring each party to attend either a group or
private mediation orientation session;
(B) Methods of coordinating cases when the same child or family
is involved in multiple cases; and
(C) The need for, and provision of, conciliation services,
mediation services, child custody evaluations, parent education
and visitation services.
(b) The local advisory committee may include other elements in
the plan, including but not limited to:
(A) The need for, and provision of, services relating to
prevention and early intervention; and
(B) The use of settlement options such as mediation,
conciliation, arbitration and settlement conferences.
(c) The local advisory committee shall include in the plan a
list of mediators qualified to provide mediation in cases
involving spousal support and division of property issues. Once
the list is developed, the judicial district shall maintain the
list.
(4) The local family law advisory committee shall present the
plan to the county governing body of each county within the
judicial district and to the presiding judge of the judicial
district for their approval. The local advisory committee shall
send copies of the plan to the Chief Justice of the
{ - Oregon - } Supreme Court and those members of the Oregon
House of Representatives and the Oregon Senate who represent the
areas within the judicial district.
(5) The local family law advisory committee may assist in
implementing, monitoring and revising the plan. The local
advisory committee, working in conjunction with legal service
providers, may coordinate access to family law resources,
including family law facilitation and other services.
{ + NOTE: + } Corrects official title in (4).
SECTION 4. ORCP 78 C is amended to read:
C Application. Section B of this rule does not apply to an
order or judgment for the payment of money, except orders and
judgments for the payment of sums ordered pursuant to ORS 107.095
and 107.105 (1)(i), and money for support, maintenance, nurture,
education, or attorney fees, in:
C(1) Actions for dissolution or annulment of marriage or
separation from bed and board.
C(2) Proceedings upon support orders entered under ORS chapter
108, 109 or 110, or under ORS 416.400 to { - 416.470 - }
{ + 416.465 + }, 419B.400 or 419C.590.
{ + NOTE: + } Corrects series reference in C(2) to reflect
repeal of 416.470.
SECTION 5. ORCP 79 E is amended to read:
E Scope of rule.
E(1) This rule does not apply to a temporary restraining order
issued by authority of ORS 107.700 to { - 107.732 - } { +
107.735 + } or 124.005 to 124.040.
E(2) This rule does not apply to temporary restraining orders
or preliminary injunctions granted pursuant to ORCP 83 except for
the application of section D of this rule.
E(3) These rules do not modify any statute or rule of this
state relating to temporary restraining orders or preliminary
injunctions in actions affecting employer and employee.
{ + NOTE: + } Corrects series reference in E(1) to reflect
addition of 107.735 to series.
SECTION 6. ORS 18.845 is amended to read:
18.845. A notice of exemptions form must be in substantially
the form set forth in this section. Nothing in the notice form
described in this section is intended to expand or restrict the
law relating to exempt property. A determination as to whether
property is exempt from execution, attachment and garnishment
must be made by reference to other law. The form provided in this
section may be modified to provide more information or to update
the notice based on subsequent changes in exemption laws.
_________________________________________________________________
NOTICE OF EXEMPT PROPERTY
AND INSTRUCTIONS FOR
CHALLENGE TO GARNISHMENT
Property belonging to you may have been taken or held in order to
satisfy a debt. The debt may be reflected in a judgment or in a
warrant or order issued by a state agency. Important legal papers
are enclosed.
YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE
CAREFULLY.
State and federal law specify that certain property may not be
taken. Some of the property that you may be able to get back is
listed below.
(1) Wages or a salary as described in ORS 18.375 and 18.385.
Whichever of the following amounts is greater:
(a) 75 percent of your take-home wages; or
(b) $170 per workweek.
(2) Social Security benefits.
(3) Supplemental Security Income (SSI).
(4) Public assistance (welfare).
(5) Unemployment benefits.
(6) Disability benefits (other than SSI benefits).
(7) Workers' compensation benefits.
(8) Exempt wages, Social Security benefits (other than SSI),
welfare, unemployment benefits and disability benefits when
placed in a checking or savings account (up to $7,500).
(9) Spousal support, child support or separate maintenance to
the extent reasonably necessary for your support or the support
of any of your dependents.
(10) A homestead (house, { - mobile home or houseboat - }
{ + manufactured dwelling or floating home + }) occupied by you,
or occupied by your spouse, parent or child. The value of the
homestead is exempt up to the following amounts:
(a) For a { - mobile home or houseboat - } { + manufactured
dwelling or floating home + } located on land that is not owned
by you, $20,000. If you jointly own the { - mobile home or
houseboat - } { + manufactured dwelling or floating home + }
with another person who is also liable on the debt, $27,000.
(b) For a { - mobile home or houseboat - } { + manufactured
dwelling or floating home + } located on land that is owned by
you, $23,000. If you jointly own the { - mobile home or
houseboat - } { + manufactured dwelling or floating home + }
with another person who is also liable on the debt, $30,000.
(c) For any other homestead, $30,000. If you jointly own the
homestead with another person who is also liable on the debt,
$39,600.
(11) Proceeds from the sale of a homestead described in item
10, up to the limits described in item 10, if you hold the
proceeds for less than one year and intend to use those proceeds
to procure another homestead.
(12) Household goods, furniture, radios, a television set and
utensils with a combined value not to exceed $3,000.
*(13) An automobile, truck, trailer or other vehicle with a
value not to exceed $2,150.
*(14) Tools, implements, apparatus, team, harness or library
that are necessary to carry on your occupation, with a combined
value not to exceed $3,000.
*(15) Books, pictures and musical instruments with a combined
value not to exceed $600.
*(16) Wearing apparel, jewelry and other personal items with a
combined value not to exceed $1,800.
(17) Domestic animals and poultry for family use with a
combined value not to exceed $1,000 and their food for 60 days.
(18) Provisions and fuel for your family for 60 days.
(19) One rifle or shotgun and one pistol. The combined value of
all firearms claimed as exempt may not exceed $1,000.
(20) Public or private pensions.
(21) Veterans' benefits and loans.
(22) Medical assistance benefits.
(23) Health insurance proceeds and disability proceeds of life
insurance policies.
(24) Cash surrender value of life insurance policies not
payable to your estate.
(25) Federal annuities.
(26) Other annuities to $250 per month (excess over $250 per
month is subject to the same exemption as wages).
(27) Professionally prescribed health aids for you or any of
your dependents.
*(28) Elderly rental assistance allowed pursuant to ORS
310.635.
(29) Your right to receive, or property traceable to:
(a) An award under any crime victim reparation law.
(b) A payment or payments, not exceeding a total of $10,000, on
account of personal bodily injury suffered by you or an
individual of whom you are a dependent.
(c) A payment in compensation of loss of future earnings of you
or an individual of whom you are or were a dependent, to the
extent reasonably necessary for your support and the support of
any of your dependents.
(30) Amounts paid to you as an earned income tax credit under
federal tax law.
*(31) Interest in personal property to the value of $400, but
this cannot be used to increase the amount of any other
exemption.
(32) Equitable interests in property.
(33) Security deposits or prepaid rent held by a residential
landlord under ORS 90.300.
(34) If the amount shown as owing on the Debt Calculation form
exceeds the amount you actually owe to the creditor, the
difference between the amount owed and the amount shown on the
Debt Calculation form.
Note: If two or more people in your household owe the claim or
judgment, each of them may claim the exemptions marked by an
asterisk (*).
_________________________________________________________________
SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT
AND SPOUSAL SUPPORT. Some property that may not otherwise be
taken for payment against the debt may be taken to pay for
overdue support. For instance, Social Security benefits, workers'
compensation benefits, unemployment benefits, veterans' benefits
and pensions are normally exempt, but only 75 percent of a lump
sum payment of these benefits is exempt if the debt is owed for a
support obligation.
YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY
BACK. You may seek to reclaim your exempt property by doing the
following:
(1) Fill out the Challenge to Garnishment form that you
received with this notice.
(2) Mail or deliver the Challenge to Garnishment form to the
court administrator at the address shown on the writ of
garnishment, and mail or deliver a copy of the form to the
Garnishor at the address shown on the writ of garnishment. If you
wish to claim wages or salary as exempt, you must mail or deliver
the form within 120 days after you receive this notice. If you
wish to claim that any other money or property is exempt, or
claim that the property is not subject to garnishment, you must
mail or deliver the form within 30 days after you receive this
notice. You have the burden of showing that your challenge is
made on time, so you should keep records showing when the
challenge was mailed or delivered.
(3) The law only requires that the Garnishor hold the garnished
money or property for 10 days before applying it to the
Creditor's use. You may be able to keep the property from being
used by the Creditor by promptly following (1) and (2) above.
You should be prepared to explain your exemption in court. If
you have any questions about the garnishment or the debt, you
should see an attorney.
YOU MAY USE THE CHALLENGE TO GARNISHMENT FORM ONLY FOR THE
FOLLOWING PURPOSES:
(1) To claim such exemptions from garnishment as are permitted
by law.
(2) To assert that property is not garnishable property under
ORS 18.618.
(3) To assert that the amount specified in the writ of
garnishment as being subject to garnishment is greater than the
total amount owed.
YOU MAY NOT USE THE CHALLENGE TO GARNISHMENT FORM TO CHALLENGE
THE VALIDITY OF THE DEBT.
IF YOU FILE A CHALLENGE TO A GARNISHMENT IN BAD FAITH, YOU MAY
BE SUBJECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A
FINE. Penalties that you could be subject to are listed in ORS
18.715.
When you file a Challenge to Garnishment form, the Garnishee
may be required to make all payments under the garnishment to the
court, and the Garnishor may be required to pay to the court all
amounts received by the Garnishor that are subject to the
challenge to the garnishment. The Garnishee and Garnishor are
subject to penalties if they do not. For a complete explanation
of their responsibilities, see ORS 18.705 and 18.708.
_________________________________________________________________
{ + NOTE: + } Updates (10) in form to conform to terminology
used in judgment statutes. See amendments by chapter 542, Oregon
Laws 2005.
SECTION 7. ORS 18.896 is amended to read:
18.896. (1) The challenge to execution form described in this
section does not expand or restrict the law relating to exempt
property. A determination as to whether property is exempt from
attachment or execution must be made by reference to other law.
The form provided in this section may be modified to provide more
information or to update the notice based on subsequent changes
in exemption laws.
(2) A challenge to execution form must be in substantially the
following form:
_________________________________________________________________
_____
COURT
COUNTY OF _____
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
)CHALLENGE TO
Plaintiff, )EXECUTION
)
vs. )Case No. ___
)
____
)
Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THIS FORM MAY BE USED BY THE DEBTOR ONLY TO CLAIM SUCH
EXEMPTIONS FROM EXECUTION AS ARE PERMITTED BY LAW.
THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR ONLY TO
CLAIM AN INTEREST IN THE PROPERTY THAT IS TO BE SOLD ON
EXECUTION.
THIS FORM MAY NOT BE USED TO CHALLENGE THE VALIDITY OF THE
DEBT.
I/We claim that the following described property or money is
exempt from execution:
_________________________________________________________________
_________________________________________________________________
I/We believe this property is exempt from execution because
(the Notice of Exempt Property at the end of this form describes
most types of property that you can claim as exempt from
execution):
_________________________________________________________________
_________________________________________________________________
I am a person other than the Debtor and I have the following
interest in the property:
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____
Name _____
Signature ____
Signature ____
Address ____
Address ____
________
________
Telephone Telephone
Number ____
Number ____
(Required) (Required)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY
BACK. You may seek to reclaim your exempt property by doing the
following:
(1) Fill out the Challenge to Execution form that you received
with this notice.
(2) Mail or deliver the Challenge to Execution form to the
court administrator at the address shown on the writ of
execution.
(3) Mail or deliver a copy of the Challenge to Execution form
to the judgment creditor at the address shown on the writ of
execution.
You should be prepared to explain your exemption in court. If
you have any questions about the execution or the debt, you
should see an attorney.
YOU MAY USE THE CHALLENGE TO EXECUTION FORM ONLY TO CLAIM SUCH
EXEMPTIONS FROM EXECUTION AS ARE PERMITTED BY LAW.
YOU MAY NOT USE THE CHALLENGE TO EXECUTION FORM TO CHALLENGE
THE VALIDITY OF THE DEBT.
IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO
PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE.
Penalties that you could be subject to are listed in ORS 18.899.
NOTICE OF EXEMPT PROPERTY
Property belonging to you may have been taken or held in order
to satisfy a debt. The debt may be reflected in a judgment or in
a warrant or order issued by a state agency. Important legal
papers are enclosed.
YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE
CAREFULLY.
State and federal law specify that certain property may not be
taken. Some of the property that you may be able to get back is
listed below.
(1) Wages or a salary as described in ORS 18.375 and 18.385.
Whichever of the following amounts is greater:
(a) 75 percent of your take-home wages; or
(b) $170 per workweek.
(2) Social Security benefits.
(3) Supplemental Security Income (SSI).
(4) Public assistance (welfare).
(5) Unemployment benefits.
(6) Disability benefits (other than SSI benefits).
(7) Workers' compensation benefits.
(8) Exempt wages, Social Security benefits (other than SSI),
welfare, unemployment benefits and disability benefits when
placed in a checking or savings account (up to $7,500).
(9) Spousal support, child support or separate maintenance to
the extent reasonably necessary for your support or the support
of any of your dependents.
(10) A homestead (house, { - mobile home or houseboat - }
{ + manufactured dwelling or floating home + }) occupied by you,
or occupied by your spouse, parent or child. The value of the
homestead is exempt up to the following amounts:
(a) For a { - mobile home or houseboat - } { + manufactured
dwelling or floating home + } located on land that is not owned
by you, $20,000. If you jointly own the { - mobile home or
houseboat - } { + manufactured dwelling or floating home + }
with another person who is also liable on the debt, $27,000.
(b) For a { - mobile home or houseboat - } { + manufactured
dwelling or floating home + } located on land that is owned by
you, $23,000. If you jointly own the { - mobile home or
houseboat - } { + manufactured dwelling or floating home + }
with another person who is also liable on the debt, $30,000.
(c) For any other homestead, $30,000. If you jointly own the
homestead with another person who is also liable on the debt,
$39,600.
(11) Proceeds from the sale of a homestead described in item
10, up to the limits described in item 10, if you hold the
proceeds for less than one year and intend to use those proceeds
to procure another homestead.
(12) Household goods, furniture, radios, a television set and
utensils with a combined value not to exceed $3,000.
*(13) An automobile, truck, trailer or other vehicle with a
value not to exceed $2,150.
*(14) Tools, implements, apparatus, team, harness or library
that are necessary to carry on your occupation, with a combined
value not to exceed $3,000.
*(15) Books, pictures and musical instruments with a combined
value not to exceed $600.
*(16) Wearing apparel, jewelry and other personal items with a
combined value not to exceed $1,800.
(17) Domestic animals and poultry for family use with a
combined value not to exceed $1,000 and their food for 60 days.
(18) Provisions and fuel for your family for 60 days.
(19) One rifle or shotgun and one pistol. The combined value of
all firearms claimed as exempt may not exceed $1,000.
(20) Public or private pensions.
(21) Veterans' benefits and loans.
(22) Medical assistance benefits.
(23) Health insurance proceeds and disability proceeds of life
insurance policies.
(24) Cash surrender value of life insurance policies not
payable to your estate.
(25) Federal annuities.
(26) Other annuities to $250 per month (excess over $250 per
month is subject to the same exemption as wages).
(27) Professionally prescribed health aids for you or any of
your dependents.
*(28) Elderly rental assistance allowed pursuant to ORS
310.635.
*(29) Your right to receive, or property traceable to:
*(a) An award under any crime victim reparation law.
*(b) A payment or payments, not exceeding a total of $10,000,
on account of personal bodily injury suffered by you or an
individual of whom you are a dependent.
*(c) A payment in compensation of loss of future earnings of
you or an individual of whom you are or were a dependent, to the
extent reasonably necessary for your support and the support of
any of your dependents.
(30) Amounts paid to you as an earned income tax credit under
federal tax law.
(31) Interest in personal property to the value of $400, but
this cannot be used to increase the amount of any other
exemption.
(32) Equitable interests in property.
Note: If two or more people in your household owe the claim or
judgment, each of them may claim the exemptions marked by an
asterisk (*).
_________________________________________________________________
SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT
AND SPOUSAL SUPPORT. Some property that may not otherwise be
taken for payment against the debt may be taken to pay for
overdue support. For instance, Social Security benefits, workers'
compensation benefits, unemployment benefits, veterans' benefits
and pensions are normally exempt, but only 75 percent of a lump
sum payment of these benefits is exempt if the debt is owed for a
support obligation.
_________________________________________________________________
{ + NOTE: + } Updates (10) in form to conform to terminology
used in judgment statutes. See amendments by chapter 542, Oregon
Laws 2005.
SECTION 8. ORS 25.280 is amended to read:
25.280. In any judicial or administrative proceeding for the
establishment or modification of a child support obligation under
ORS chapters 107, 108, 109 and 416, and ORS chapter 110 or ORS
419B.400, 419B.923, 419C.590 or 419C.610, the amount of support
determined by the formula established { - pursuant to ORS
25.270 to 25.287 - } { + under ORS 25.275 + }, 107.105,
416.415, 416.435 and 419B.400 or 419C.590 shall be presumed to be
the correct amount of the obligation. This shall be a rebuttable
presumption and a written finding or a specific finding on the
record that the application of the formula would be unjust or
inappropriate in a particular case shall be sufficient to rebut
the presumption. The following criteria shall be considered in
making the finding:
(1) Evidence of the other available resources of a parent;
(2) The reasonable necessities of a parent;
(3) The net income of a parent remaining after withholdings
required by law or as a condition of employment;
(4) A parent's ability to borrow;
(5) The number and needs of other dependents of a parent;
(6) The special hardships of a parent including, but not
limited to, any medical circumstances of a parent affecting the
parent's ability to pay child support;
(7) The needs of the child;
(8) The desirability of the custodial parent remaining in the
home as a full-time parent and homemaker;
(9) The tax consequences, if any, to both parents resulting
from spousal support awarded and determination of which parent
will name the child as a dependent; and
(10) The financial advantage afforded a parent's household by
the income of a spouse or another person with whom the parent
lives in a relationship similar to husband and wife.
{ + NOTE: + } Inserts more specific reference in lead-in.
SECTION 9. ORS 25.287 is amended to read:
25.287. (1)(a) The entity providing support enforcement
services under ORS 25.080 may initiate proceedings to modify a
support obligation to ensure that the support obligation is in
accordance with the formula established under ORS { - 25.270 to
25.287 - } { + 25.275 + }.
(b) Proceedings under this subsection may occur only after two
years have elapsed from the later of the following:
(A) The date the original support obligation took effect;
(B) The date any previous modification of the support
obligation took effect; or
(C) The date of any previous review and determination under
this subsection that resulted in no modification of the support
obligation.
(c) For purposes of paragraph (b) of this subsection, a support
obligation or modification takes effect on the first date on
which the obligor is to pay the established or modified support
amount.
(d) The only issues at proceedings under this subsection are
whether two years have elapsed, as described in paragraph (b) of
this subsection, and whether the support obligation is in
substantial compliance with the formula established under ORS
{ - 25.270 to 25.287 - } { + 25.275 + }.
(e) Upon review, if the administrator determines that a support
obligation does not qualify for modification under this section,
a party may object to the determination within 30 days after the
date of the determination. A hearing on the objection shall be
conducted by an administrative law judge assigned from the Office
of Administrative Hearings. Appeal of the order of the
administrative law judge may be taken to the circuit court of the
county in which the support obligation has been entered or
registered for a hearing de novo. The appeal to the court shall
be by petition for review filed within 60 days after entry of the
order of the administrative law judge.
(f) If the court, the administrator or the administrative law
judge finds that more than two years have elapsed, as described
in paragraph (b) of this subsection, the court, the administrator
or the administrative law judge shall modify the support order to
bring the support obligation into substantial compliance with the
formula established under ORS { - 25.270 to 25.287 - } { +
25.275 + }, regardless of whether there has been a substantial
change in circumstances since the support obligation was last
established, modified or reviewed. Proceedings by the
administrator or administrative law judge under this subsection
shall be conducted according to the provisions of ORS 416.425 and
416.427.
(g) The provisions of this subsection apply to any support
obligation established by a support order under ORS chapter 24,
107, 108, 109, 110 or 416 or ORS 419B.400 or 419C.590.
(2) The entity providing support enforcement services shall
state in the document initiating the proceeding, to the extent
known:
(a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the child,
including a proceeding brought under ORS 107.085, 107.135,
107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 416.400 to
416.465, 419B.400 or 419C.590 or ORS chapter 110; and
(b) Whether there exists in this state or any other
jurisdiction a support order, as defined in ORS 110.303,
involving the child, other than the support obligation the entity
seeks to modify.
(3) The entity providing support enforcement services shall
include with the document initiating the proceeding a certificate
regarding any pending support proceeding and any existing support
order other than the support obligation the entity seeks to
modify. The entity providing support enforcement services shall
use a certificate that is in a form prescribed by the
administrator and shall include information required by the
administrator and subsection (2) of this section.
(4) The administrator, court or administrative law judge may
use the provisions of subsection (1) of this section when a
support order was entered in another state and registered in
Oregon, the provisions of ORS chapter 110 apply and more than two
years have elapsed as provided in subsection (1)(b) of this
section.
(5) Notwithstanding the provisions of this section, proceedings
may be initiated at any time to modify a support obligation based
upon a substantial change of circumstances under any other
provision of law.
(6) The obligee is a party to any action to modify a support
obligation under this section.
{ + NOTE: + } Inserts more specific reference in (1)(a), (d)
and (f).
SECTION 10. ORS 30.908 is amended to read:
30.908. (1) Notwithstanding ORS 30.020, a product liability
civil action for death, injury or damage resulting from breast
implants containing silicone, silica or silicon as a component
must be commenced not later than two years after the date on
which the plaintiff first discovered, or in the exercise of
reasonable care should have discovered:
(a) The death or specific injury, disease or damage for which
the plaintiff seeks recovery;
(b) The tortious nature of the act or omission of the defendant
that gives rise to a claim for relief against the defendant; and
(c) All other elements required to establish plaintiff's claim
for relief.
(2) A product liability civil action for death, injury or
damage resulting from breast implants containing silicone, silica
or silicon as a component is not subject to ORS 30.905 or any
other statute of repose in Oregon Revised Statutes.
(3) For the purposes of subsection (1) of this section, an
action for wrongful death must be commenced not later than two
years after the earliest date that the discoveries required by
subsection (1) of this section are made by any of the following
persons:
(a) The decedent;
(b) The personal representative for the decedent; or
(c) Any person for whose benefit the action could be brought.
(4) Subsections (1) to { - (4) - } { + (3) + } of this
section do not apply to a person that supplied component parts or
raw materials to manufacturers of breast implants containing
silicone, silica or silicon as a component, and the person shall
remain subject to the limitations on actions imposed by ORS
30.020 and 30.905, if:
(a) The person did not manufacture breast implants containing
silicone, silica or silicon as a component at any time; and
(b) The person was not owned by and did not own a business that
manufactured breast implants containing silicone, silica or
silicon as a component at any time.
(5) A physician licensed pursuant to ORS chapter 677 is not a
manufacturer, distributor, seller or lessor of a breast implant
for the purposes of ORS 30.900 to 30.920 if the implant is
provided by the physician to a patient as part of a medical
implant procedure.
(6) A health care facility licensed under ORS chapter 442 is
not a manufacturer, distributor, seller or lessor of a breast
implant for the purposes of ORS 30.900 to 30.920 if the implant
is provided by the facility to a patient as part of a medical
implant procedure.
{ + NOTE: + } Narrows internal reference in (4) to applicable
subsections.
SECTION 11. ORS 35.315 is amended to read:
35.315. If motion is made by either party before the formation
of the jury, the court shall order a view of the property in
question { - ; and, - } { + . + } Upon the return of the jury,
the evidence of the parties may be heard and the verdict of the
jury given.
{ + NOTE: + } Conforms punctuation to legislative style.
SECTION 12. ORS 45.250 is amended to read:
45.250. (1) At the trial or upon the hearing of a motion or an
interlocutory proceeding, any part or all of a deposition, so far
as admissible under the rules of evidence, may be used against
any party who was present or represented at the taking of the
deposition or who had due notice thereof, in accordance with any
of the following provisions of this subsection:
(a) Any deposition may be used by any party for the purpose of
contradicting or impeaching the testimony of { + a + } deponent
as a witness.
(b) The deposition of a party, or of anyone who at the time of
taking the deposition was an officer, director or managing agent
of a public or private corporation, partnership or association
{ - which - } { + that + } is a party, may be used by an
adverse party for any purpose.
(2) At the trial or upon the hearing of a motion or an
interlocutory proceeding, any part or all of a deposition, so far
as admissible under the rules of evidence, may be used against
any party for any purpose, if the party was present or
represented at the taking of the deposition or had due notice
thereof, and if the court finds that:
(a) The witness is dead; { - or - }
(b) The witness is unable to attend or testify because of age,
sickness, infirmity or imprisonment; { - or - }
(c) The party offering the deposition has been unable to
procure the attendance of the witness by subpoena; { - or - }
(d) Upon application and notice, such exceptional circumstances
exist as to make it desirable, in the interest of justice and
with due regard to the importance of presenting the testimony of
witnesses orally in open court, to allow the deposition to be
used; or
(e) The deposition was taken in the same proceeding pursuant to
ORCP 39 I.
(3) For the purpose of subsection (2)(c) of this section, the
failure of a party to serve a witness at the time of deposition
with a subpoena that requires the appearance of the witness at
trial or other hearing does not constitute sufficient grounds to
deny the use of the deposition of that witness at the trial or
other hearing without further showing of a lack of diligence on
the part of the party offering the deposition.
{ + NOTE: + } Corrects word choice in (1)(a) and (b); removes
superfluous conjunctions in (2).
SECTION 13. ORS 51.080 is amended to read:
51.080. { + (1) + } A justice court has jurisdiction, but not
exclusive, of the following actions:
{ - (1) - } { + (a) + } For the recovery of money or
damages only, when the amount claimed does not exceed $5,000.
{ - (2) - } { + (b) + } For the recovery of specific
personal property, when the value of the property claimed and the
damages for the detention do not exceed $5,000.
{ - (3) - } { + (c) + } For the recovery of any penalty or
forfeiture, whether given by statute or arising out of contract,
not exceeding $5,000.
{ - (4) - } { + (d) + } { - Also, - } To give judgment
without action, upon the confession of the defendant for any of
the causes specified in this section, except for a penalty or
forfeiture imposed by statute.
{ - (5) - } { + (2) + } For purposes of this section, the
amount claimed, value of property, damages or any amount in
controversy does not include any amount claimed as costs and
disbursements or attorney fees as defined by ORCP 68 A.
{ + NOTE: + } Reorganizes section to correct read-in problem;
deletes superfluous language in (1)(d).
SECTION 14. ORS 59.245 is amended to read:
59.245. The Director of the Department of Consumer and Business
Services:
(1) May make such public or private investigations within or
outside this state as the director deems necessary to determine
whether a person has violated or is about to violate any
provision of the Oregon Securities Law or any rule or order of
the director, or to aid in the enforcement of the Oregon
Securities Law or in the formulation of rules and forms
thereunder;
(2) May require or permit a person to file a statement in
writing, under oath or otherwise as the director determines, as
to all the facts and circumstances concerning the matter to be
investigated;
(3) May publish information concerning any violation of the
Oregon Securities Law or any rule or order of the director; and
(4) If the director has reason to believe that any person has
engaged, is engaging or is about to engage in any violation of
the Oregon Securities Law, { - the director - } may issue an
order, subject to ORS 59.295, directed to the person to cease and
desist from the violation or threatened violation.
{ + NOTE: + } Corrects read-in problem in (4).
SECTION 15. ORS 59.885 is amended to read:
59.885. The Director of the Department of Consumer and Business
Services:
(1) May make such public or private investigations within or
outside this state as the director deems necessary to determine
whether a person has violated any provision of ORS 59.840 to
59.980 or any rule or order of the director, or to aid in the
enforcement of ORS 59.840 to 59.980 or in the formulation of
rules and forms thereunder;
(2) May require or permit a person to file a statement in
writing, under oath or otherwise as the director determines, as
to all the facts and circumstances concerning the matter to be
investigated;
(3) May publish information concerning any violation under this
section or ORS 59.890, 59.992 or 59.996 or any rule or order of
the director after an action taken under this section or ORS
59.890, 59.992 or 59.996; and
(4) If the director has reasonable cause to believe that any
person has been engaged, is engaging or is about to engage in any
violation of any provision of ORS 59.840 to 59.980, { - the
director - } may issue an order, subject to ORS 59.905, directed
to the person, and to any other person directly or indirectly
controlling the person, to cease and desist from the violation or
threatened violation.
{ + NOTE: + } Corrects read-in problem in (4).
SECTION 16. ORS 60.121 is amended to read:
60.121. (1) The registered agent appointed by a corporation
shall be an agent of the corporation upon whom any process,
notice or demand required or permitted by law to be served upon
the corporation may be served.
(2) The Secretary of State shall be an agent of a corporation
including a dissolved corporation upon whom any such process,
notice or demand may be served whenever the corporation fails to
appoint or maintain a registered agent in this state or whenever
the corporation's registered agent cannot with reasonable
diligence be found at the registered office.
(3) Service shall be made on the Secretary of State by:
(a) Serving the Secretary of State or a clerk on duty at the
office a copy of the process, notice or demand, with any papers
required by law to be delivered in connection with the service,
and the required fee for each party being served or by mailing to
the office a copy of the process, notice or demand and the
required fee for each party being served by certified or
registered mail;
(b) Transmittal by the person instituting the proceedings of
notice of the service on the Secretary of State and copy of the
process, notice or demand and accompanying papers to the
corporation being served by certified or registered mail:
(A) At the last registered office of the corporation as shown
by the records on file in the office of the Secretary of State
{ - , - } { + ; + } and
(B) At such address the use of which the person initiating the
proceedings knows or, on the basis of reasonable inquiry, has
reason to believe is most likely to result in actual notice; and
(c) Filing with the appropriate court or other body, as part of
the return of service, the return receipt of mailing and an
affidavit of the person initiating the proceedings stating that
this section has been complied with.
(4) The Secretary of State shall keep a record of all
processes, notices and demands served upon the Secretary of State
under this section.
(5) After completion of initial service upon the Secretary of
State, no additional documents need be served upon the Secretary
of State to maintain jurisdiction in the same proceeding or to
give notice of any motion or provisional process.
(6) Nothing contained in this section shall limit or affect the
right to serve any process, notice or demand required or
permitted by law to be served upon a corporation in any other
manner now or hereafter permitted by law, or enlarge the purposes
for which service on the Secretary of State is permitted where
such purposes are limited by other provisions of law.
{ + NOTE: + } Conforms punctuation in (3)(b)(A) to
legislative style.
SECTION 17. ORS 82.025 is amended to read:
82.025. ORS 82.010 (3) and (4) and 82.020 do not apply to:
(1) Any financial institution or trust company, as those terms
are defined in ORS 706.008, any consumer finance licensee under
ORS chapter 725 { - , - } or any pawnbroker licensed under ORS
chapter 726.
(2) Any lender approved by the Secretary of Housing and Urban
Development of the United States for participation in any
mortgage insurance program under the National Housing Act (12
U.S.C. 1701 et seq.).
(3) Any loan secured by a first lien on real property or made
to finance the acquisition of real property and secured by any
lien on that property.
(4) Any loan { - which - } { + that + } is secured by real
property, { - which is - } scheduled under the loan agreement
to be repaid in substantially equal payments and { - which
is - } made by a lender described in this subsection. A lender
under this subsection is one who makes, invests in or arranges
real property loans, including loans secured by first liens on
residential manufactured homes, aggregating more than $1 million
per year. Under this subsection, payments shall be { - ' - }
substantially equal { - ' - } if, under the terms of the loan
agreement, no single scheduled payment is more than twice the
amount of any other scheduled payment.
(5) Any loan wholly or partially secured or covered by
guarantees or insurance by the Federal Housing Administration,
the United States Department of Veterans Affairs or { - the
Farmers Home Administration of the United States - } { + Rural
Development or the Farm Service Agency of the United States
Department of Agriculture + }, any department, bureau, board,
commission or agency of the United States, or any corporation
wholly owned, directly or indirectly by the United States.
(6) Any loan permitted under applicable federal law and
regulations from a tax qualified retirement plan to a person then
a participant under the plan.
(7) Any bona fide sale or resale of securities or commercial
paper.
(8) Any interest charge by broker-dealers registered under the
Securities Exchange Act of 1934 for carrying a debit balance in
an account for a customer if the debit balance is payable on
demand and secured by stocks or bonds.
{ + NOTE: + } Strikes serial comma in (1); corrects word
choice and eliminates unnecessary punctuation in (4); updates
reference to federal agency in (5) to reflect reorganization
within the United States Department of Agriculture.
SECTION 18. ORS 86.155 is amended to read:
86.155. (1) As used in this section:
(a) 'Credit agreement' means any promissory note, loan
agreement or other agreement { - which - } { + that + }
provides for advances subsequent to the date of recording of the
line of credit instrument { - which - } { + that + } secures
{ - such - } { + the + } note or agreement.
(b) 'Line of credit instrument' means a mortgage or trust deed
{ - which - } { + that + } secures a consumer or commercial
credit agreement and creates a lien on specified real property up
to a stated amount, provided that the front page of the mortgage
or trust deed, or a memorandum thereof:
(A) Contains the legend 'line of credit mortgage,' 'line of
credit trust deed' or 'line of credit instrument' either in
capital letters or underscored above the body of the mortgage or
trust deed;
(B) States the maximum principal amount to be advanced pursuant
to the credit agreement; and
(C) States the term or maturity date, if any, of the credit
agreement exclusive of any option to renew or extend
{ - such - } { + the + } term { - of - } { + or + }
maturity date.
(c) 'Residential line of credit instrument' means any line of
credit instrument creating a lien on real property upon which are
situated or will be constructed four or fewer residential units,
one of which, at the time the credit agreement is entered into,
is the borrower's residence or is intended, following
construction, to be a residence of the borrower.
(2) A line of credit instrument shall have priority, regardless
of the knowledge of the lienholder of any intervening lien, as of
its date of recording as to the following advances whether
{ - such - } { + the + } advances are optional or obligatory
advances:
(a) Principal advances made any time pursuant to the credit
agreement, to the extent the total outstanding advances do not
exceed the maximum principal amount stated in the line of credit
instrument under subsection (1)(b)(B) of this section;
(b) Interest, lawful charges and advances made any time
pursuant to the credit agreement for the reasonable protection of
the real property including, but not limited to, advances to pay
real property taxes, hazard insurance premiums, maintenance
charges imposed under a declaration or restrictive covenant and
reasonable attorney fees, whether or not { - such - } { +
the + } interest, lawful charges or advances { - shall
exceed - } { + exceed + } the maximum principal amount stated
in the line of credit instrument under subsection (1)(b)(B) of
this section; and
(c) Advances made any time after the date of recording and
pursuant to a credit agreement that is not secured by a
residential line of credit instrument to complete construction of
previously agreed-upon improvements on the real property, whether
or not { - such - } { + the + } advances exceed the maximum
principal amount stated in the line of credit instrument under
subsection (1)(b)(B) of this section provided, however, that the
front page of the instrument states that the maximum principal
amount to be advanced pursuant to the credit agreement may be
exceeded by advances to complete construction pursuant to this
subsection.
(3) Actions that do not affect the priority granted to the
advances set forth in subsection (2) of this section shall
include, but not be limited to, those actions set forth in ORS
86.095 (1). If any modification to a credit agreement increases
the maximum principal amount to be advanced pursuant to the
credit agreement, then principal advances that are made that
exceed the original maximum principal amount stated in the line
of credit instrument shall have priority as of the date of
recording an amendment to the line of credit instrument that
states the increased maximum principal amount.
(4) In the case of a residential line of credit instrument, the
debtor may limit the indebtedness secured by that line of credit
instrument to the amount of the credit outstanding by delivering
a notice by personal service upon the lienholder or trust deed
beneficiary or by mailing a notice by certified mail, return
receipt requested, to the lienholder or trust deed beneficiary at
the address given for payment or, if none, to the address of the
lienholder or trust deed beneficiary indicated in the line of
credit instrument or deed of trust. To be sufficient to limit
indebtedness under this subsection, the notice must:
(a) State that it is made under this section;
(b) Contain the legal description in the line of credit
instrument or the street address of the real property;
(c) Provide the information necessary to locate the line of
credit instrument in the public record;
(d) State the debtor's intention to limit the amount of credit
secured by the line of credit instrument to the amount owed at
the time the notice is received;
(e) State the date sent; and
(f) Be signed and acknowledged by all debtors obligated under
the line of credit instrument.
(5) Not later than the 20th day after receipt of the notice
described in subsection (4) of this section, the lienholder or
trust deed beneficiary shall:
(a) Indorse on the notice, or on an addendum to the notice, the
principal amount of the indebtedness secured by the line of
credit instrument on the date the lienholder or trust deed
beneficiary received notice;
(b) Sign and acknowledge the notice or the addendum, if
applicable; and
(c) Record the notice and addendum in the public record where
the line of credit instrument was originally recorded.
(6) If the lienholder or trust deed beneficiary fails to record
the notice and addendum, if applicable, within the time period
specified in subsection (5) of this section, the debtor may
record the notice in the public record where the line of credit
instrument was originally recorded, together with proof of
receipt by, or personal delivery to, the lienholder or trust deed
beneficiary.
(7) Notwithstanding subsection (4) of this section, the line of
credit instrument shall continue to have priority as of its date
of recording as to:
(a) Principal advances, including any advance the creditor is
required to honor, that were made before a notice under
subsection (4) of this section is received;
(b) Interest, lawful charges and advances described in
subsection (2)(b) and (c) of this section; and
(c) All advances made after a notice under subsection (4) of
this section is received { - which - } { + that + } are
within the amount owed at the time the notice under subsection
(4) of this section is given.
{ + NOTE: + } Corrects and updates word choice in (1)(a),
(1)(b) lead-in, (1)(b)(C), (2) lead-in, (2)(b), (2)(c) and
(7)(c).
SECTION 19. ORS 87.242 is amended to read:
87.242. (1) A person claiming a lien created by ORS 87.216,
87.222 or 87.232 shall file a written notice of claim of lien
with the recording officer of the county in which the lien debtor
resides, or, if the lien debtor is a business, the county in
which the lien debtor has its principal place of business, not
later than 60 days after the close of the furnishing of the
labor, services or materials. A person claiming a lien created by
ORS 87.226 shall file a written notice of claim of lien with the
Secretary of State not later than 75 days after the close of the
furnishing of the labor, services or materials. The Secretary of
State shall include a notice of claim of lien that is filed with
the secretary under this subsection in the index maintained by
the secretary for filing financing statements pursuant to ORS
chapter 79.
(2) The notice of claim of lien required under subsection (1)
of this section shall be a statement in writing verified by the
oath of the lien claimant and must contain:
(a) A true statement of the lien claimant's demand after
deducting all credits and offsets;
(b) The name of the owner of the chattel to be charged with the
lien;
(c) A description of the labor { + , + } services or materials
provided by the lien claimant for the benefit of the owner of the
chattel to be charged with the lien;
(d) A description of the chattel to be charged with the lien
sufficient for identification;
(e) A statement that the amount claimed is a true and bona fide
existing debt as of the date of the filing of notice of claim of
lien;
(f) The date on which payment was due to the lien claimant for
labor, services or materials;
(g) The terms of extended payment; and
(h) Such other information as the Secretary of State may
require for the written notice of claim of lien created by ORS
87.226.
(3) If the person entitled to a lien under ORS 87.216 to 87.232
does not properly file a notice of claim of lien within the time
required by subsection (1) of this section, the person waives the
right to the lien.
{ + NOTE: + } Supplies missing comma in (2)(c).
SECTION 20. ORS 87.570 is amended to read:
87.570. The form of the notice required by ORS 87.565 shall be
substantially as follows:
_________________________________________________________________
Notice is hereby given that ____ has rendered hospitalization
services or medical treatment for ____, a person who was injured
on the __ day of ____ in the city of ____, county of ____, State
of ____, on or about the __ day of ____, and the ____ (name of
claimant) hereby claims a lien upon any money due or owing or any
claim for compensation, damages, contribution, settlement, award
or judgment from any person alleged to have caused { - said - }
{ + the + } injuries and any other person liable for the injury
or obligated to compensate the injured person on account of
{ - said - } { + the + } injuries. The lien applies to any
person or insurer that provides for payment for hospitalization
services or medical treatment rendered to the injured person,
including an insurer that provides personal injury protection
coverage or similar no-fault medical insurance. The
hospitalization services or medical treatment was rendered to the
injured person between the ____ day of ____ and the __ day of
____ .
STATEMENT OF AMOUNT DUE
_________________________________________________________________
? _____________________________________________________________ ?
? _____________________________________________________________ ?
? _____________________________________________________________ ?
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Thirty days have not elapsed since that time. The claimant's
demand for { - said - } hospitalization services or medical
treatment is in the sum of $___ and no part thereof has been
paid, except $___, and there is now due and owing and remaining
unpaid thereof, after deducting all credits and offsets the sum
of $___, in which amount lien is hereby claimed.
________ , Claimant.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State of Or)gon,
) ss.
County of __
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I, ____, being first duly sworn on oath say: That I am
____ named in the foregoing claim of lien; that I have read the
same and know the contents thereof and believe the same to be
true.
__________
Subscribed and sworn to before me this __ day of ____, 2__.
__________ , Notary Public.
_________________________________________________________________
{ + NOTE: + } Removes archaic language and extraneous lines
from form.
SECTION 21. ORS 87.705 is amended to read:
87.705. (1) An agricultural producer that delivers or transfers
agricultural produce for consideration to a purchaser has a lien
for the contract price of that produce, or for the reasonable
value of the produce if there is no contract price. The lien
created by this section attaches to all agricultural produce,
whether in a raw or processed condition, delivered or transferred
to the purchaser by any agricultural producer and to all other
inventory of the purchaser. The lien also attaches to proceeds
received by the purchaser from the sale by the purchaser to a
third party of any raw or processed agricultural produce. If the
agricultural produce that an agricultural producer delivers to
the purchaser consists of meat animals, the lien also attaches to
all accounts receivable by the purchaser from the sale of any
agricultural produce to a third party. The lien on the
agricultural produce, inventory, proceeds or accounts receivable
attaches on the date physical possession of the agricultural
produce is delivered or transferred by the agricultural producer
to the purchaser or an agent of the purchaser.
(2) An agricultural producer that claims a lien under
subsection (1) of this section need not file any notice in order
to perfect the lien. The agricultural producer must file a notice
of lien as provided in ORS 87.710 to extend the lien beyond the
normal expiration date.
(3) The lien created by this section is subject to the
provisions of ORS { - 79.3070 (1) - } { + 79.0320 (1) + }.
(4) An agreement by an agricultural producer purporting to
waive the right to file notice under ORS 87.710 of a lien created
by this section is void as contrary to public policy.
{ + NOTE: + } Replaces reference to repealed statute in (3)
with comparable active statute.
SECTION 22. ORS 87.930 is amended to read:
87.930. If the Secretary of State receives notice of a lien
created under ORS 87.226, 87.705 or 87.755, the Secretary of
State, upon request, shall furnish the person who filed the lien
with a list of persons who have filed a financing statement under
ORS { - 79.4010 - } { + 79.0501 + } that perfects a security
interest in the inventory, proceeds or accounts receivable of the
lien debtor or purchaser. The list must include:
(1) The name and address of the secured party for each
statement or notice;
(2) The filing number and date of filing for the financing
statement in the index maintained by the Secretary of State; and
(3) Other information that the Secretary of State considers
necessary or proper.
{ + NOTE: + } Replaces reference to repealed statute in
lead-in with comparable active statute.
SECTION 23. ORS 90.396 is amended to read:
90.396. (1) Except as provided in subsection (2) of this
section, after at least 24 hours' written notice specifying the
acts and omissions constituting the cause and specifying the date
and time of the termination, the landlord may terminate the
rental agreement and take possession as provided in ORS 105.105
to 105.168, if:
(a) The tenant, someone in the tenant's control or the tenant's
pet seriously threatens to inflict substantial personal injury,
or inflicts any substantial personal injury, upon a person on the
premises other than the tenant;
(b) The tenant or someone in the tenant's control recklessly
endangers a person on the premises other than the tenant by
creating a serious risk of substantial personal injury;
(c) The tenant, someone in the tenant's control or the tenant's
pet inflicts any substantial personal injury upon a neighbor
living in the immediate vicinity of the premises;
(d) The tenant or someone in the tenant's control intentionally
inflicts any substantial damage to the premises or the tenant's
pet inflicts substantial damage to the premises on more than one
occasion;
(e)(A) The tenant intentionally provided substantial false
information on the application for the tenancy within the past
year;
(B) The false information was with regard to a criminal
conviction of the tenant that would have been material to the
landlord's acceptance of the application; and
(C) The landlord terminates the rental agreement within 30 days
after discovering the falsity of the information; or
(f) The tenant, someone in the tenant's control or the tenant's
pet commits any act that is outrageous in the extreme, on the
premises or in the immediate vicinity of the premises. For
purposes of this paragraph, an act is outrageous in the extreme
if the act is not described in paragraphs (a) to (e) of this
subsection, but is similar in degree and is one that a reasonable
person in that community would consider to be so offensive as to
warrant termination of the tenancy within 24 hours, considering
the seriousness of the act or the risk to others. An act that is
outrageous in the extreme is more extreme or serious than an act
that warrants a 30-day termination under ORS 90.392. Acts that
are ' outrageous in the extreme' include, but are not limited to,
the following acts by a person:
(A) Prostitution or promotion of prostitution, as described in
ORS 167.007 and 167.012;
(B) Manufacture, delivery or possession of a controlled
substance, as described in ORS 475.005, but not including:
(i) The medical use of marijuana in compliance with ORS 475.300
to 475.346;
(ii) Possession of, or delivery for no consideration of, less
than one avoirdupois ounce of marijuana as described in ORS
{ - 475.840 (2)(b) or (4)(f) - } { + 475.860 (3) or 475.864
(3) + }; or
(iii) Possession of prescription drugs;
(C) Intimidation, as described in ORS 166.155 and 166.165; or
(D) Burglary as described in ORS 164.215 and 164.225.
(2) If the cause for a termination notice given pursuant to
subsection (1) of this section is based upon the acts of the
tenant's pet, the tenant may cure the cause and avoid termination
of the tenancy by removing the pet from the premises prior to the
end of the notice period. The notice must describe the right of
the tenant to cure the cause. If the tenant returns the pet to
the premises at any time after having cured the violation, the
landlord, after at least 24 hours' written notice specifying the
subsequent presence of the offending pet, may terminate the
rental agreement and take possession as provided in ORS 105.105
to 105.168. The tenant does not have a right to cure this
subsequent violation.
(3) For purposes of subsection (1) of this section, someone is
in the tenant's control if that person enters or remains on the
premises with the tenant's permission or consent after the tenant
reasonably knows or should know of that person's act or
likelihood to commit any act of the type described in subsection
(1) of this section.
(4) An act can be proven to be outrageous in the extreme even
if the act is one that does not violate a criminal statute.
Notwithstanding the references to criminal statutes in subsection
(1)(f) of this section, the landlord's burden of proof in an
action for possession under subsection (1) of this section is the
civil standard of proof by a preponderance of the evidence.
(5) If a good faith effort by a landlord to terminate the
tenancy under subsection (1)(f) of this section and to recover
possession of the rental unit under ORS 105.105 to 105.168 fails
by decision of the court, the landlord may not be found in
violation of any state statute or local ordinance requiring the
landlord to remove that tenant upon threat of fine, abatement or
forfeiture as long as the landlord continues to make a good faith
effort to terminate the tenancy.
{ + NOTE: + } Replaces references to deleted subsections in
(1)(f)(B)(ii) with comparable active law.
SECTION 24. ORS 90.532 is amended to read:
90.532. (1) Subject to the policies of the utility or service
provider, a landlord may provide for utilities or services to
tenants by one or more of the following billing methods:
(a) A relationship between the tenant and the utility or
service provider in which:
(A) The provider provides the utility or service directly to
the tenant's space, including any utility or service line, and
bills the tenant directly; and
(B) The landlord does not act as a provider.
(b) A relationship between the landlord, tenant and utility or
service provider in which:
(A) The provider provides the utility or service to the
landlord;
(B) The landlord provides the utility or service directly to
the tenant's space or to a common area available to the tenant as
part of the tenancy; and
(C) The landlord includes the cost of the utility or service in
the tenant's rent or bills the tenant for a utility or service
charge separately from the rent in an amount determined by
apportioning the provider's charge to the landlord as measured by
a master meter.
(c) A relationship between the landlord, tenant and utility or
service provider in which:
(A) The provider provides the utility or service to the
landlord;
(B) The landlord provides the utility or service directly to
the tenant's space; and
(C) The landlord uses a submeter to measure the utility or
service actually provided to the space and bills the tenant for a
utility or service charge for the amount provided.
(2) To assess a tenant for a utility or service charge for any
billing period, the landlord shall give the tenant a written
notice stating the amount of the utility or service charge that
the tenant is to pay the landlord { - , - } and the due date
for making the payment. The due date may not be less than 14 days
from the date of service of the notice.
(3) A utility or service charge is not rent or a fee.
Nonpayment of a utility or service charge is not grounds for
termination of a rental agreement for nonpayment of rent under
ORS
{ - 90.400 - } { + 90.394 + }, but is grounds for termination
of a rental agreement for cause under ORS 90.630.
(4) The landlord is responsible for maintaining the utility or
service system, including any submeter, consistent with ORS
90.730. After any installation or maintenance of the system on a
tenant's space, the landlord shall restore the space to a
condition that is the same as or better than the condition of the
space before the installation or maintenance.
(5) A landlord may not assess a utility or service charge for
water unless the water is provided to the landlord by a:
(a) Public utility as defined in ORS 757.005;
(b) Municipal utility operating under ORS chapter 225;
(c) People's utility district organized under ORS chapter 261;
(d) Cooperative organized under ORS chapter 62;
(e) Domestic water supply district organized under ORS chapter
264; or
(f) Water improvement district organized under ORS chapter 552.
(6) A landlord who provides utilities or services only to
tenants of the landlord in compliance with this section and ORS
90.534 and 90.536 is not a public utility for purposes of ORS
chapter 757.
{ + NOTE: + } Strikes errant comma in (2); replaces reference
to repealed statute in (3) with comparable active statute.
SECTION 25. ORS 92.405 is amended to read:
92.405. (1) Unless the making of a public report has been
waived, a person may not sell or lease a lot, parcel or interest
in a subdivision or series partition prior to the issuance of the
report.
(2) A copy of the public report, when issued, must be given to
the prospective purchaser by the subdivider, series partitioner
or developer, or { - their agents - } { + an agent of the
subdivider, series partitioner or developer + }, prior to the
execution of a binding contract or agreement for the sale or
lease of a lot, parcel { - , - } or interest in a subdivision
or series partition. The subdivider, series partitioner or
developer, or { - their agents - } { + an agent of the
subdivider, series partitioner or developer + }, shall take a
receipt from the prospective purchaser or lessee upon delivery of
a copy of the Real Estate Commissioner's public report { - ,
and - } { + . + } The receipt must be kept on file within this
state in the possession of the subdivider, series partitioner or
developer subject to inspection by the commissioner for a period
of three years from the date the receipt is taken.
(3) The commissioner's public report may not be used for
advertising purposes unless the report is used in its entirety.
No portion of the report shall be underscored, italicized or
printed in larger or heavier type than the balance of the report
unless the true copy of the report so emphasizes such portion.
(4) The commissioner may furnish at cost copies of the public
report for the use of subdividers, series partitioners and
developers.
(5) The requirements of this section extend to lots, parcels or
other interests sold by the subdivider, series partitioner or
developer after repossession.
(6) In addition to other sanctions provided by law, a violation
of subsection (1), (2) or (3) of this section is an unlawful
practice subject to ORS 646.608.
{ + NOTE: + } Corrects grammar, strikes serial comma and
truncates lengthy sentence in (2).
SECTION 26. ORS 94.585 is amended to read:
94.585. A declarant may amend the declaration or initial bylaws
in order to comply with requirements of the Federal Housing
Administration, the United States Department of Veterans Affairs,
{ - the Farmer's Home Administration of the United States - }
{ + Rural Development or the Farm Service Agency of the United
States Department of Agriculture + }, the Federal National
Mortgage Association, the Government National Mortgage
Association, the Federal Home { + Loan + } Mortgage
{ - Loan - } Corporation, any department, bureau, board,
commission or agency of the United States or the State of Oregon
or any corporation wholly owned, directly or indirectly, by the
United States or the State of Oregon { - which - }
{ + that + } insures, guarantees or provides financing for a
planned community or lots in a planned community. However, if the
need to amend the declaration or the initial bylaws occurs after
the turnover to the homeowners association has occurred, the
amendment must be approved by the association in accordance with
the approval provisions of the declaration or bylaws.
{ + NOTE: + } Corrects names of federal agencies and word
choice.
SECTION 27. ORS 107.105 is amended to read:
107.105. (1) Whenever the court renders a judgment of marital
annulment, dissolution or separation, the court may provide in
the judgment:
(a) For the future care and custody, by one party or jointly,
of all minor children of the parties born, adopted or conceived
during the marriage { - , - } and for minor children born to
the parties prior to the marriage, as the court may deem just and
proper under ORS 107.137. The court may hold a hearing to decide
the custody issue prior to any other issues. When appropriate,
the court shall recognize the value of close contact with both
parents and encourage joint parental custody and joint
responsibility for the welfare of the children.
(b) For parenting time rights of the parent not having custody
of such children { - , - } and for visitation rights pursuant
to a petition filed under ORS 109.119. When a parenting plan has
been developed as required by ORS 107.102, the court shall review
the parenting plan and, if approved, incorporate the parenting
plan into the court's final order. When incorporated into a final
order, the parenting plan is determinative of parenting time
rights. If the parents have been unable to develop a parenting
plan or if either of the parents requests the court to develop a
detailed parenting plan, the court shall develop the parenting
plan in the best interest of the child, ensuring the noncustodial
parent sufficient access to the child to provide for appropriate
quality parenting time and { - assuring - } { + ensuring + }
the safety of the parties, if implicated. The court may deny
parenting time to the noncustodial parent under this subsection
only if the court finds that parenting time would endanger the
health or safety of the child. The court shall recognize the
value of close contact with both parents and encourage, when
practicable, joint responsibility for the welfare of such
children and extensive contact between the minor children of the
divided marriage and the parties. If the court awards parenting
time to a noncustodial parent who has committed abuse, the court
shall make adequate provision for the safety of the child and the
other parent in accordance with the provisions of ORS 107.718
(6).
(c) For the support of the children of the marriage by the
parties. In ordering child support, the formula established
{ - by ORS 25.270 to 25.287 - } { + under ORS 25.275 + } shall
apply. The court may at any time require an accounting from the
custodial parent with reference to the use of the money received
as child support. The court is not required to order support for
any minor child who has become self-supporting, emancipated or
married { - , - } or who has ceased to attend school after
becoming 18 years of age.
(d) For spousal support, an amount of money for a period of
time as may be just and equitable for one party to contribute to
the other, in gross or in installments or both. The court may
approve an agreement for the entry of an order for the support of
a party. In making the spousal support order, the court shall
designate one or more categories of spousal support and shall
make findings of the relevant factors in the decision. The court
may order:
(A) Transitional spousal support as needed for a party to
attain education and training necessary to allow the party to
prepare for reentry into the job market or for advancement
therein. The factors to be considered by the court in awarding
transitional spousal support include but are not limited to:
(i) The duration of the marriage;
(ii) A party's training and employment skills;
(iii) A party's work experience;
(iv) The financial needs and resources of each party;
(v) The tax consequences to each party;
(vi) A party's custodial and child support responsibilities;
and
(vii) Any other factors the court deems just and equitable.
(B) Compensatory spousal support when there has been a
significant financial or other contribution by one party to the
education, training, vocational skills, career or earning
capacity of the other party and when an order for compensatory
spousal support is otherwise just and equitable in all of the
circumstances. The factors to be considered by the court in
awarding compensatory spousal support include but are not limited
to:
(i) The amount, duration and nature of the contribution;
(ii) The duration of the marriage;
(iii) The relative earning capacity of the parties;
(iv) The extent to which the marital estate has already
benefited from the contribution;
(v) The tax consequences to each party; and
(vi) Any other factors the court deems just and equitable.
(C) Spousal maintenance as a contribution by one spouse to the
support of the other for either a specified or an indefinite
period. The factors to be considered by the court in awarding
spousal maintenance include but are not limited to:
(i) The duration of the marriage;
(ii) The age of the parties;
(iii) The health of the parties, including their physical,
mental and emotional condition;
(iv) The standard of living established during the marriage;
(v) The relative income and earning capacity of the parties,
recognizing that the wage earner's continuing income may be a
basis for support distinct from the income that the supported
spouse may receive from the distribution of marital property;
(vi) A party's training and employment skills;
(vii) A party's work experience;
(viii) The financial needs and resources of each party;
(ix) The tax consequences to each party;
(x) A party's custodial and child support responsibilities; and
(xi) Any other factors the court deems just and equitable.
(e) For the delivery to one party of such party's personal
property in the possession or control of the other at the time of
the giving of the judgment.
(f) For the division or other disposition between the parties
of the real or personal property, or both, of either or both of
the parties as may be just and proper in all the circumstances. A
retirement plan or pension or an interest therein shall be
considered as property. The court shall consider the contribution
of a spouse as a homemaker as a contribution to the acquisition
of marital assets. There is a rebuttable presumption that both
spouses have contributed equally to the acquisition of property
during the marriage, whether such property is jointly or
separately held. Subsequent to the filing of a petition for
annulment or dissolution of marriage or separation, the rights of
the parties in the marital assets shall be considered a species
of coownership, and a transfer of marital assets under a judgment
of annulment or dissolution of marriage or of separation entered
on or after October 4, 1977, shall be considered a partitioning
of jointly owned property. The court shall require full
disclosure of all assets by the parties in arriving at a just
property division. In arriving at a just and proper division of
property, the court shall consider reasonable costs of sale of
assets, taxes and any other costs reasonably anticipated by the
parties. If a spouse has been awarded spousal support in lieu of
a share of property, the court shall so state on the record
{ - , - } and shall order the obligor to provide for and
maintain life insurance in an amount commensurate with the
obligation and designating the obligee as beneficiary for the
duration of the obligation. If the obligor dies prior to the
termination of such support and such insurance is not in force,
the court may modify the method of payment of spousal support
under the judgment or order of support from installments to a
lump sum payment to the obligee from the estate of the obligor in
an amount commensurate with the present value of the spousal
support at the time of death. The obligee or attorney of the
obligee shall cause a certified copy of the judgment to be
delivered to the life insurance company or companies. If the
obligee or the attorney of the obligee delivers a true copy of
the judgment to the life insurance company or companies,
identifying the policies involved and requesting such
notification under this section, the company or companies shall
notify the obligee, as beneficiary of the insurance policy,
whenever the policyholder takes any action that will change the
beneficiary or reduce the benefits of the policy. Either party
may request notification by the insurer when premium payments
have not been made. If the obligor is ordered to provide for and
maintain life insurance, the obligor shall provide to the obligee
a true copy of the policy. The obligor shall also provide to the
obligee written notice of any action that will reduce the
benefits or change the designation of the beneficiaries under the
policy.
(g) For the creation of trusts as follows:
(A) For the appointment of one or more trustees to hold,
control and manage for the benefit of the children of the
parties, of the marriage or otherwise { - , - } such of the
real or personal property of either or both of the parties, as
the court may order to be allocated or appropriated to their
support and welfare { + , + } { - ; - } and to collect,
receive, expend, manage or invest any sum of money awarded for
the support and welfare of minor children of the parties.
(B) For the appointment of one or more trustees to hold, manage
and control such amount of money or such real or personal
property of either or both of the parties, as may be set aside,
allocated or appropriated for the support of a party.
(C) For the establishment of the terms of the trust and
provisions for the disposition or distribution of such money or
property to or between the parties, their successors, heirs and
assigns after the purpose of the trust has been accomplished.
Upon petition of a party or a person having an interest in the
trust showing a change of circumstances warranting a change in
the terms of the trust, the court may make and direct reasonable
modifications in its terms.
(h) To change the name of either spouse to a name the spouse
held before the marriage. The court shall order a change if it is
requested by the affected party.
(i) For a money award for any sums of money found to be then
remaining unpaid upon any order or limited judgment entered under
ORS 107.095. If a limited judgment was entered under ORS 107.095,
the limited judgment shall continue to be enforceable for any
amounts not paid under the limited judgment unless those amounts
are included in the money award made by the general judgment.
(j) For an award of reasonable attorney fees and costs and
expenses reasonably incurred in the action in favor of a party or
in favor of a party's attorney.
(2) In determining the proper amount of support and the proper
division of property under subsection (1)(c), (d) and (f) of this
section, the court may consider evidence of the tax consequences
on the parties of its proposed judgment.
(3) Upon the filing of the judgment, the property division
ordered shall be deemed effective for all purposes. This transfer
by judgment, which shall { - effect - } { + affect + } solely
owned property transferred to the other spouse as well as
commonly owned property in the same manner as would a declaration
of a resulting trust in favor of the spouse to whom the property
is awarded, { - shall not be deemed - } { + is not + } a
taxable sale or exchange.
(4) If an appeal is taken from a judgment of annulment or
dissolution of marriage or of separation or from any part of a
judgment rendered in pursuance of the provisions of ORS 107.005
to 107.086, 107.095, 107.105, 107.115 to 107.174, 107.405,
107.425, 107.445 to 107.520, 107.540 and 107.610, the court
rendering the judgment may provide in a supplemental judgment for
any relief provided for in ORS 107.095 and shall provide that the
relief granted in the judgment is to be in effect only during the
pendency of the appeal. A supplemental judgment under this
subsection may be enforced as provided in ORS 33.015 to 33.155
and ORS chapter 18. A supplemental judgment under this subsection
may be appealed in the same manner as provided for supplemental
judgments modifying a domestic relations judgment under ORS
19.275.
(5) If an appeal is taken from the judgment or other appealable
order in a suit for annulment or dissolution of a marriage or for
separation { - , - } and the appellate court awards costs and
disbursements to a party, { - it - } { + the court + } may
also award to that party, as part of the costs, such additional
sum of money as it may adjudge reasonable as an attorney fee on
the appeal.
(6) If, as a result of a suit for the annulment or dissolution
of a marriage or for separation, the parties to such suit become
owners of an undivided interest in any real or personal property,
or both, either party may maintain supplemental proceedings by
filing a petition in such suit for the partition of such real or
personal property, or both, within two years from the entry of
the judgment, showing among other things that the original
parties to the judgment and their joint or several creditors
having a lien upon any such real or personal property, if any
there be, constitute the sole and only necessary parties to such
supplemental proceedings. The procedure in the supplemental
proceedings, so far as applicable, shall be the procedure
provided in ORS 105.405 { - , - } for the partition of real
property, and the court granting the judgment shall have in the
first instance and retain jurisdiction in equity therefor.
{ + NOTE: + } Strikes errant commas in (1)(a), (b), (c) and
(6); corrects word choice in (1)(b); inserts more specific
reference in (1)(c); corrects and updates punctuation in
(1)(g)(A); updates word choice in (3); strikes errant comma and
clarifies pronoun in (5).
SECTION 28. ORS 109.252 is amended to read:
109.252. (1) Unless the court or administrator finds good cause
not to proceed in a proceeding under ORS 109.125 to 109.230 and
416.400 to 416.465, in which paternity is a relevant fact, the
court or administrator, as defined in ORS 25.010, upon { - his
or her - } { + the court's or administrator's + } own
initiative or upon suggestion made by or on behalf of any person
whose blood is involved may, or upon motion of any party to the
action made at a time so as not to delay the proceedings unduly
{ - , - } shall { + , + } order the mother, child, alleged
father and any other named respondent who may be the father to
submit to blood tests. If any person refuses to submit to such
tests, the court or administrator may resolve the question of
paternity against such person or enforce { - its - } { + the
court's or administrator's + } order if the rights of others and
the interests of justice so require.
(2) When child support enforcement services are being provided
under ORS 25.080, the Child Support Program shall pay any costs
for blood tests subject to recovery from the party who requested
the tests. If the original test result is contested prior to the
entry of an order establishing paternity, the court or
administrator shall order additional testing upon request and
advance payment by the party making the request.
{ + NOTE: + } Conforms terminology in (1) to legislative
style; corrects comma placement in (1).
SECTION 29. ORS 116.007 is amended to read:
116.007. (1) Unless the will otherwise provides and subject to
subsection (2) of this section, all expenses incurred in
connection with the settlement of a decedent's estate, including
debts, funeral expenses, estate taxes, interest and penalties
concerning taxes, family allowances, fees of attorneys and
personal representatives { - , - } and court costs { + , + }
shall be charged against the principal of the estate.
(2) Unless the will otherwise provides, income from the assets
of a decedent's estate after the death of the testator and before
distribution, including income from property used to discharge
liabilities, shall be determined in accordance with the rules
applicable to a trustee under ORS chapter 129 and this section
and distributed as follows:
(a) To specific legatees and devisees, the income from the
property bequeathed or devised to them respectively, less taxes,
ordinary repairs, and other expenses of management and operation
of the property, and an appropriate portion of interest accrued
since the death of the testator and of taxes imposed on income,
excluding taxes on capital gains, that accrue during the period
of administration.
(b) To all other legatees and devisees, except legatees of
pecuniary bequests that are not in trust and that do not qualify
for the marital deduction provided for in section 2056 of the
Internal Revenue Code (26 U.S.C. 2056), the balance of the
income, less the balance of taxes, ordinary repairs, and other
expenses of management and operation of all property from which
the estate is entitled to income, interest accrued since the
death of the testator, and taxes imposed on income, excluding
taxes on capital gains, that accrue during the period of
administration, in proportion to their respective interests in
the undistributed assets of the estate computed at times of
distribution on the basis of inventory value.
(3) Income received by a trustee under subsection (2) of this
section shall be treated as income of the trust.
{ + NOTE: + } Corrects punctuation in (1) to clarify
placement of ' court costs' within sentence.
SECTION 30. ORS 131.550 is amended to read:
131.550. As used in ORS 131.550 to 131.600:
(1) 'Acquiesce in prohibited conduct' means that a person knew
of the prohibited conduct and knowingly failed to take reasonable
action under the circumstances to terminate or avoid the use of
the property in the course of prohibited conduct. For purposes of
this subsection, 'reasonable action under the circumstances'
includes, but is not limited to:
(a) Reporting the prohibited conduct to a law enforcement
agency;
(b) Commencing action that will assert the rights of the
affiant as to the property interest;
(c) Terminating a rental agreement; or
(d) Seeking an abatement order under the provisions of ORS
105.505 to 105.520 or 105.550 to 105.600 { - , - } or under any
ordinance or regulation allowing abatement of nuisances.
(2) 'All persons known to have an interest' means:
(a) Any person who has, prior to the time the property is
seized for criminal forfeiture, filed notice of interest with any
public office as may be required or permitted by law to be filed
with respect to the property that has been seized for criminal
forfeiture;
(b) Any person from whose custody the property was seized; or
(c) Any person who has an interest in the property, including
all owners and occupants of the property, whose identity and
address is known or is ascertainable upon diligent inquiry and
whose rights and interest in the property may be affected by the
action.
(3) 'Attorney fees' has the meaning given that term in ORCP 68
A.
(4) 'Financial institution' means any person lawfully
conducting business as:
(a) A financial institution or trust company, as those terms
are defined in ORS 706.008;
(b) A consumer finance company subject to the provisions of ORS
chapter 725;
(c) A mortgage banker or a mortgage broker as those terms are
defined in ORS 59.840, a mortgage servicing company or other
mortgage company;
(d) An officer, agency, department or instrumentality of the
federal government, including but not limited to:
(A) The Secretary of Housing and Urban Development;
(B) The Federal Housing Administration;
(C) The United States Department of Veterans Affairs;
{ - (D) The Farmers Home Administration; - }
{ + (D) Rural Development and the Farm Service Agency of the
United States Department of Agriculture; + }
(E) The Federal National Mortgage Association;
(F) The Government National Mortgage Association;
(G) The Federal Home Loan Mortgage { - Association - } { +
Corporation + };
(H) The Federal Agricultural Mortgage Corporation; and
(I) The Small Business Administration;
(e) An agency, department or instrumentality of this state,
including but not limited to:
(A) The Housing and Community Services Department;
(B) The Department of Veterans' Affairs; and
(C) The Public Employees Retirement System;
(f) An agency, department or instrumentality of any
municipality in this state, including but not limited to such
agencies as the Portland Development Commission;
(g) An insurer as defined in ORS 731.106;
(h) A private mortgage insurance company;
(i) A pension plan or fund or other retirement plan; and
(j) A broker-dealer or investment adviser representative as
defined in ORS 59.015.
(5) 'Forfeiture counsel' means an attorney designated to
represent a seizing agency in criminal forfeiture actions or
proceedings.
(6) 'Instrumentality' means property that is used or intended
for use in prohibited conduct or that facilitates prohibited
conduct.
(7) 'Law enforcement agency' means any agency that employs
police officers or prosecutes criminal cases.
(8) 'Official law enforcement use' means a use that may
reasonably be expected to result in the identification,
apprehension or conviction of criminal offenders.
(9) 'Police officer' has the meaning given that term in ORS
133.525.
(10) 'Proceeds of prohibited conduct' means property derived
directly or indirectly from, maintained by or realized through an
act or omission that constitutes prohibited conduct, and includes
any benefit, interest or property of any kind without reduction
for expenses of acquiring or maintaining it or incurred for any
other reason.
(11) 'Prohibited conduct' means:
(a) For purposes of proceeds, a felony or a Class A
misdemeanor.
(b) For purposes of instrumentalities, any crime listed in ORS
131.602.
(12) 'Property' means any interest in anything of value,
including the whole of any lot or tract of land and tangible and
intangible personal property, including currency, instruments or
securities or any other kind of privilege, interest, claim or
right whether due or to become due.
(13) 'Seizing agency' means a law enforcement agency that has
seized property for criminal forfeiture.
(14) 'Weapon' means any instrument of offensive or defensive
combat or anything used, or designed to be used, to destroy,
defeat or injure a person.
{ + NOTE: + } Strikes errant comma in (1)(d); corrects names
of federal agencies in (4)(d).
SECTION 31. ORS 131.602 is amended to read:
131.602. The crimes to which ORS 131.550 (11)(b) applies are:
(1) Bribe giving, as defined in ORS 162.015.
(2) Bribe receiving, as defined in ORS 162.025.
(3) Public investment fraud, as defined in ORS 162.117.
(4) Bribing a witness, as defined in ORS 162.265.
(5) Bribe receiving by a witness, as defined in ORS 162.275.
(6) Simulating legal process, as defined in ORS 162.355.
(7) Official misconduct in the first degree, as defined in ORS
162.415.
(8) Custodial interference in the second degree, as defined in
ORS 163.245.
(9) Custodial interference in the first degree, as defined in
ORS 163.257.
(10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
(11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
(12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
(13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
(14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
(15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
(16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
(17) Theft in the second degree, as defined in ORS 164.045.
(18) Theft in the first degree, as defined in ORS 164.055.
(19) Aggravated theft in the first degree, as defined in ORS
164.057.
(20) Theft by extortion, as defined in ORS 164.075.
(21) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
(22) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
(23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
(24) Unauthorized use of a vehicle, as defined in ORS 164.135.
(25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
(26) Laundering a monetary instrument, as defined in ORS
164.170.
(27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
(28) Burglary in the second degree, as defined in ORS 164.215.
(29) Burglary in the first degree, as defined in ORS 164.225.
(30) Possession of a burglary tool or theft device, as defined
in ORS 164.235.
(31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
(32) Arson in the second degree, as defined in ORS 164.315.
(33) Arson in the first degree, as defined in ORS 164.325.
(34) Computer crime, as defined in ORS 164.377.
(35) Robbery in the third degree, as defined in ORS 164.395.
(36) Robbery in the second degree, as defined in ORS 164.405.
(37) Robbery in the first degree, as defined in ORS 164.415.
(38) Unlawful labeling of a sound recording, as defined in ORS
164.868.
(39) Unlawful recording of a live performance, as defined in
ORS 164.869.
(40) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
(41) A violation of ORS 164.877.
(42) Endangering aircraft, as defined in ORS 164.885.
(43) Interference with agricultural operations, as defined in
ORS 164.887.
(44) Forgery in the second degree, as defined in ORS 165.007.
(45) Forgery in the first degree, as defined in ORS 165.013.
(46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
(47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
(48) Criminal possession of a forgery device, as defined in ORS
165.032.
(49) Criminal simulation, as defined in ORS 165.037.
(50) Fraudulently obtaining a signature, as defined in ORS
165.042.
(51) Fraudulent use of a credit card, as defined in ORS
165.055.
(52) Negotiating a bad check, as defined in ORS 165.065.
(53) Possessing a fraudulent communications device, as defined
in ORS 165.070.
(54) Unlawful factoring of a payment card transaction, as
defined in ORS 165.074.
(55) Falsifying business records, as defined in ORS 165.080.
(56) Sports bribery, as defined in ORS 165.085.
(57) Sports bribe receiving, as defined in ORS 165.090.
(58) Misapplication of entrusted property, as defined in ORS
165.095.
(59) Issuing a false financial statement, as defined in ORS
165.100.
(60) Obtaining execution of documents by deception, as defined
in ORS 165.102.
(61) A violation of ORS 165.543.
(62) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
(63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
(64) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
(65) Identity theft, as defined in ORS 165.800.
(66) A violation of ORS 166.190.
(67) Unlawful use of a weapon, as defined in ORS 166.220.
(68) A violation of ORS 166.240.
(69) Unlawful possession of a firearm, as defined in ORS
166.250.
(70) A violation of ORS 166.270.
(71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
(72) A violation of ORS 166.275.
(73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
(74) A violation of ORS 166.370.
(75) Unlawful possession of a destructive device, as defined in
ORS 166.382.
(76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
(77) Possession of a hoax destructive device, as defined in ORS
166.385.
(78) A violation of ORS 166.410.
(79) Providing false information in connection with a transfer
of a firearm, as defined in ORS 166.416.
(80) Improperly transferring a firearm, as defined in ORS
166.418.
(81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
(82) A violation of ORS 166.429.
(83) A violation of ORS 166.470.
(84) A violation of ORS 166.480.
(85) A violation of ORS 166.635.
(86) A violation of ORS 166.638.
(87) Unlawful paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS 166.720.
(89) Prostitution, as defined in ORS 167.007.
(90) Promoting prostitution, as defined in ORS 167.012.
(91) Compelling prostitution, as defined in ORS 167.017.
(92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
(93) Unlawful gambling in the second degree, as defined in ORS
167.122.
(94) Unlawful gambling in the first degree, as defined in ORS
167.127.
(95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
(96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
(97) Possession of a gambling device, as defined in ORS
167.147.
(98) Possession of a gray machine, as defined in ORS 167.164.
(99) Cheating, as defined in ORS 167.167.
(100) Tampering with drug records, as defined in ORS 167.212.
(101) A violation of ORS 167.262.
(102) Research and animal interference, as defined in ORS
167.312.
(103) Animal abuse in the first degree, as defined in ORS
167.320.
(104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
(105) Animal neglect in the first degree, as defined in ORS
167.330.
(106) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
(107) Involvement in animal fighting, as defined in ORS
167.355.
(108) Dogfighting, as defined in ORS 167.365.
(109) Participation in dogfighting, as defined in ORS 167.370.
(110) Unauthorized use of a livestock animal, as defined in ORS
167.385.
(111) Interference with livestock production, as defined in ORS
167.388.
(112) A violation of ORS 167.390.
(113) A violation of ORS 471.410.
(114) Failure to report missing precursor substances, as
defined in ORS 475.955.
(115) Illegally selling drug equipment, as defined in ORS
475.960.
(116) Providing false information on a precursor substances
report, as defined in ORS 475.965.
(117) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.912.
(118) A violation of ORS 475.840, if it is a felony or a Class
A misdemeanor.
(119) A violation of ORS 475.914, if it is a felony or a Class
A misdemeanor.
(120) A violation of ORS 475.916.
(121) A violation of ORS 475.906, if it is a felony or a Class
A misdemeanor.
(122) A violation of ORS 475.904 { - (2) - } .
(123) Misuse of an identification card, as defined in ORS
807.430.
(124) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
(125) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
(126) Using an invalid license, as defined in ORS 807.580.
(127) Permitting misuse of a license, as defined in ORS
807.590.
(128) Using another's license, as defined in ORS 807.600.
(129) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
(130) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
(131) Unlawful distribution of cigarettes, as defined in ORS
323.482.
(132) A violation of ORS 180.440 (2).
(133) A violation described in ORS 475.846 to 475.894, if it is
a felony.
(134) An attempt, conspiracy or solicitation to commit a crime
in subsections (1) to (133) of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
{ + NOTE: + } Deletes erroneous subsection reference in
(122).
SECTION 32. ORS 132.550 is amended to read:
132.550. The indictment shall contain substantially the
following:
(1) The name of the circuit court in which it is filed;
{ - and - }
(2) The title of the action; { - and - }
(3) A statement that the grand jury accuses the defendant or
defendants of the designated offense or offenses; { - and - }
(4) A separate accusation or count addressed to each offense
charged, if there be more than one; { - and - }
(5) A statement in each count that the offense charged therein
was committed in a designated county; { - and - }
(6) A statement in each count that the offense charged therein
was committed on, or on or about, a designated date, or during a
designated period of time; { - and - }
(7) A statement of the acts constituting the offense in
ordinary and concise language, without repetition, and in such
manner as to enable a person of common understanding to know what
is intended; { - and - }
(8) The signatures of the foreman and of the district attorney;
and
(9) The date the indictment is filed with the clerk of the
court.
{ + NOTE: + } Removes superfluous conjunctions.
SECTION 33. ORS 135.185 is amended to read:
135.185. If it appears from the preliminary hearing that there
is probable cause to believe that a crime has been committed and
that the defendant committed it, the magistrate shall make a
written order holding the defendant for further proceedings on
the charge. When hearsay evidence was admitted at the preliminary
hearing, the magistrate, in determining the existence of probable
cause, shall consider { + : + }
(a) The extent to which the hearsay quality of the evidence
affects the weight it should be given { - , - } { + ; + } and
(b) The likelihood of evidence other than hearsay being
available at trial to provide the information furnished by
hearsay at the preliminary hearing.
{ + NOTE: + } Restructures section to conform to legislative
style.
SECTION 34. ORS 135.921, as amended by section 75, chapter 702,
Oregon Laws 2005, is amended to read:
135.921. (1) The filing fee paid by a defendant at the time of
filing a petition for a possession of marijuana diversion
agreement as provided in ORS 135.909 shall be $233 and shall be
ordered paid as follows if the petition is allowed:
(a) $123 to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account; and
(b) $110 to be distributed as provided for the disposition of
costs under ORS 153.630.
(2) If less than the $233 filing fee is paid to the court by
the defendant under subsection (1) of this section, the money
actually received shall be allocated in the amounts provided
first to the State Treasurer and the remainder as provided for
the disposition of costs under ORS 153.630.
(3) In addition to the filing fee under subsection (1) of this
section, the court shall order the defendant to pay $90 directly
to the agency or organization providing the diagnostic
assessment.
(4) The Chief Justice of the { - Oregon - } Supreme Court
may require that any or all fees distributed by circuit courts
under this section be distributed through the offices of the
State Court Administrator.
{ + NOTE: + } Corrects official title in (4).
SECTION 35. ORS 137.225 is amended to read:
137.225. (1)(a) At any time after the lapse of three years from
the date of pronouncement of judgment, any defendant who has
fully complied with and performed the sentence of the court and
whose conviction is described in subsection (5) of this section
by motion may apply to the court { - wherein that - } { +
where the + } conviction was entered for entry of an order
setting aside the conviction; or
(b) At any time after the lapse of one year from the date of
any arrest, if no accusatory instrument was filed, or at any time
after an acquittal or a dismissal of the charge, the arrested
person may apply to the court { - which - } { + that + }
would have jurisdiction over the crime for which the person was
arrested, for entry of an order setting aside the record of
{ - such - } { + the + } arrest. For the purpose of computing
the one-year period, time during which the arrested person has
secreted himself or herself within or without the state
{ - shall not be - } { + is not + } included.
(2)(a) A copy of the motion and a full set of the defendant's
fingerprints shall be served upon the office of the prosecuting
attorney who prosecuted the crime or violation, or who had
authority to prosecute the charge if there was no accusatory
instrument filed, and opportunity { + shall + } be given to
contest the motion. The fingerprint card with the notation
'motion for setting aside conviction { + , + } ' or 'motion for
setting aside arrest record' as the case may be, shall be
forwarded to the Department of State Police { - Bureau of
Criminal Identification - } { + bureau of criminal
identification + }. Information resulting from the fingerprint
search along with the fingerprint card shall be returned to the
prosecuting attorney.
(b) When a prosecuting attorney is served with a copy of a
motion to set aside a conviction under this section, the
prosecuting attorney shall provide a copy of the motion and
notice of the hearing date to the victim, if any, of the crime by
mailing a copy of the motion and notice to the victim's
last-known address.
(c) When a person makes a motion under subsection (1)(a) of
this section, the person must pay a fee of $80. The person shall
attach a certified check payable to the Department of State
Police in the amount of $80 to the fingerprint card that is
served upon the prosecuting attorney. The office of the
prosecuting attorney shall forward the check with the fingerprint
card to the Department of State Police { - Bureau of Criminal
Identification - } { + bureau of criminal identification + }.
(3) Upon hearing the motion, the court may require the filing
of such affidavits and may require the taking of such proofs as
it deems proper. The court shall allow the victim to make a
statement at the hearing. Except as otherwise provided in
subsection (11) of this section, if the court determines that the
circumstances and behavior of the applicant from the date of
conviction, or from the date of arrest as the case may be, to the
date of the hearing on the motion warrant setting aside the
conviction, or the arrest record as the case may be, it shall
enter an appropriate order
{ - which - } { + that + } shall state the original arrest
charge and the conviction charge, if any and if different from
the original, date of charge, submitting agency and disposition.
The order shall further state that positive identification has
been established by the bureau and further identified as to state
bureau number or submitting agency number. Upon the entry of
{ - such an - } { + the + } order, the applicant for purposes
of the law shall be deemed not to have been previously convicted,
or arrested as the case may be, and the court shall issue an
order sealing the record of conviction and other official records
in the case, including the records of arrest whether or not the
arrest resulted in a further criminal proceeding.
(4) The clerk of the court shall forward a certified copy of
the order to such agencies as directed by the court. A certified
copy must be sent to the Department of Corrections when the
person has been in the custody of the Department of Corrections.
Upon entry of { - such an - } { + the + } order,
{ - such - } { + the + } conviction, arrest or other
proceeding shall be deemed not to have occurred, and the
applicant may answer accordingly any questions relating to
{ - their - } { + its + } occurrence.
(5) The provisions of subsection (1)(a) of this section apply
to a conviction of:
(a) A Class C felony, except for criminal mistreatment in the
first degree under ORS 163.205 when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
(b) The crime of possession of the narcotic drug marijuana when
that crime was punishable as a felony only.
(c) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for:
(A) Any sex crime; and
(B) The following crimes when they would constitute child abuse
as defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(d) A misdemeanor, including a violation of a municipal
ordinance, for which a jail sentence may be imposed, except for
endangering the welfare of a minor under ORS 163.575 (1)(a) when
it would constitute child abuse, as defined in ORS 419B.005, or
any sex crime.
(e) A violation, whether under state law or local ordinance.
(f) An offense committed before January 1, 1972,
{ - which - } { + that + } if committed after that date would
be:
(A) A Class C felony, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(B) A crime punishable as either a felony or a misdemeanor, in
the discretion of the court, except for any sex crime or for the
following crimes when they would constitute child abuse as
defined in ORS 419B.005:
(i) Criminal mistreatment in the first degree under ORS
163.205; and
(ii) Endangering the welfare of a minor under ORS 163.575
(1)(a).
(C) A misdemeanor, except for endangering the welfare of a
minor under ORS 163.575 (1)(a) when it would constitute child
abuse, as defined in ORS 419B.005, or any sex crime.
(D) A violation.
(6) Notwithstanding subsection (5) of this section, the
provisions of subsection (1) of this section do not apply to:
(a) A person convicted of, or arrested for, a state or
municipal traffic offense { - ; - } { + . + }
(b) A person convicted, within the 10-year period immediately
preceding the filing of the motion pursuant to subsection (1) of
this section, of any other offense, excluding motor vehicle
violations, whether or not the other conviction is for conduct
associated with the same criminal episode that caused the arrest
or conviction that is sought to be set aside. Notwithstanding
subsection (1) of this section, a conviction { - which - }
{ + that + } has been set aside under this section shall be
considered for the purpose of determining whether this paragraph
is applicable { - ; or - } { + . + }
(c) A person who at the time the motion authorized by
subsection (1) of this section is pending before the court is
under charge of commission of any crime.
(7) The provisions of subsection (1)(b) of this section do not
apply to a person arrested within the three-year period
immediately preceding the filing of the motion for any offense,
excluding motor vehicle violations, and excluding arrests for
conduct associated with the same criminal episode that caused the
arrest that is sought to be set aside.
(8) The provisions of subsection (1) of this section apply to
convictions and arrests { - which - } { + that + } occurred
before, as well as those { - which - } { + that + } occurred
after, September 9, 1971. There { - shall be - } { + is + }
no time limit for making { - such - } { + an + } application.
(9) For purposes of any civil action in which truth is an
element of a claim for relief or affirmative defense, the
provisions of subsection (3) of this section providing that the
conviction, arrest or other proceeding be deemed not to have
occurred { - shall - } { + do + } not apply and a party may
apply to the court for an order requiring disclosure of the
official records in the case as may be necessary in the interest
of justice.
(10) Upon motion of any prosecutor or defendant in a case
involving records sealed under this section, supported by
affidavit showing good cause, the court with jurisdiction may
order the reopening and disclosure of any records sealed under
this section for the limited purpose of assisting the
investigation of the movant. However, such an order { - shall
have - } { + has + } no other effect on the orders setting aside
the conviction or the arrest record.
(11) Unless the court makes written findings by clear and
convincing evidence that granting the motion would not be in the
best interests of justice, the court shall grant the motion and
enter an order as provided in subsection (3) of this section if
the defendant has been convicted of one of the following crimes
and is otherwise eligible for relief under this section:
(a) Abandonment of a child, ORS 163.535.
(b) Attempted assault in the second degree, ORS 163.175.
(c) Assault in the third degree, ORS 163.165.
(d) Coercion, ORS 163.275.
(e) Criminal mistreatment in the first degree, ORS 163.205.
(f) Attempted escape in the first degree, ORS 162.165.
(g) Incest, ORS 163.525, if the victim was at least 18 years of
age.
(h) Intimidation in the first degree, ORS 166.165.
(i) Attempted kidnapping in the second degree, ORS 163.225.
(j) Criminally negligent homicide, ORS 163.145.
(k) Attempted robbery in the second degree, ORS 164.405.
(L) Robbery in the third degree, ORS 164.395.
(m) Supplying contraband, ORS 162.185.
(n) Unlawful use of a weapon, ORS 166.220.
(12) As used in this section, 'sex crime' has the meaning given
that term in ORS 181.594.
{ + NOTE: + } Updates word choice in (1)(a) and (b), (3),
(4), (5)(f) lead-in, (6)(b), (8), (9) and (10); supplies missing
word and comma in (2)(a); corrects identification in (2)(a) and
(c) of bureau within Department of State Police with generic
terminology used in 181.066 establishing bureau; conforms
punctuation in (6) to legislative style.
SECTION 36. ORS 137.656 is amended to read:
137.656. (1) The purpose of the Oregon Criminal Justice
Commission is to improve the effectiveness and efficiency of
state and local criminal justice systems by providing a
centralized and impartial forum for statewide policy development
and planning.
(2) The primary duty of the commission is to develop and
maintain a state criminal justice policy and comprehensive,
long-range plan for a coordinated state criminal justice system
that encompasses public safety, offender accountability, crime
reduction and prevention and offender treatment and
rehabilitation. The plan must include, but need not be limited
to, recommendations regarding:
(a) Capacity, utilization and type of state and local prison
and jail facilities;
(b) Implementation of community corrections programs;
(c) Alternatives to the use of prison and jail facilities;
(d) Appropriate use of existing facilities and programs;
(e) Whether additional or different facilities and programs are
necessary;
(f) Methods of assessing the effectiveness of juvenile and
adult correctional programs, devices and sanctions in reducing
future criminal conduct by juvenile and adult offenders; and
(g) Methods of reducing the risk of future criminal conduct.
(3) Other duties of the commission are:
(a) To conduct joint studies by agreement with other state
agencies, boards or commissions on any matter within the
jurisdiction of the commission.
(b) To provide Oregon criminal justice analytical and
statistical information to federal agencies and serve as a
clearinghouse and information center for the collection,
preparation, analysis and dissemination { + of information + }
on state and local sentencing practices.
(c) To provide technical assistance and support to local public
safety coordinating councils.
(d) To receive grant applications to start or expand drug court
programs as defined in ORS 3.450, to make rules to govern the
grant process and to award grant funds according to the rules.
(4) The commission shall establish by rule the information that
must be submitted under ORS 137.010 (9) and the methods for
submitting the information. A rule adopted under this subsection
must be approved by the Chief Justice of the Supreme Court before
it takes effect.
{ + NOTE: + } Supplies missing words in (3)(b).
SECTION 37. ORS 144.102 is amended to read:
144.102. (1) The State Board of Parole and Post-Prison
Supervision or local supervisory authority responsible for
correctional services for a person shall specify in writing the
conditions of post-prison supervision imposed under ORS 144.096.
A copy of the conditions shall be given to the person upon
release from prison or jail.
(2) The board or the supervisory authority shall determine, and
may at any time modify, the conditions of post-prison
supervision, which may include, among other conditions, that the
person shall:
(a) Comply with the conditions of post-prison supervision as
specified by the board or supervisory authority.
(b) Be under the supervision of the Department of Corrections
and its representatives or other supervisory authority and abide
by their direction and counsel.
(c) Answer all reasonable inquiries of the board, the
department or the supervisory authority.
(d) Report to the parole officer as directed by the board, the
department or the supervisory authority.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board or supervisory authority may, at
its discretion, punish violations of post-prison supervision.
(h) Attend a victim impact treatment session in a county that
has a victim impact program. If the board or supervisory
authority requires attendance under this paragraph, the board or
supervisory authority may require the person, as an additional
condition of post-prison supervision, to pay a reasonable fee to
the victim impact program to offset the cost of the person's
participation. The board or supervisory authority may not order
a person to pay a fee in excess of $5 under this paragraph.
(i) If required to report as a sex offender under ORS 181.595,
report with the Department of State Police, a chief of police, a
county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the person's date of
birth;
(D) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(E) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(3)(a) The board or supervisory authority may establish special
conditions as the board or supervisory authority determines
necessary because of the individual circumstances of the person
on post-prison supervision.
(b) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, the board
or supervisory authority shall include all of the following as
special conditions of the person's post-prison supervision:
(A) Agreement to comply with any curfew set by the board, the
supervisory authority or the supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board, supervisory
authority or supervising officer.
(C) A prohibition against being present more than one time,
without the prior written approval of the board, supervisory
authority or supervising officer, at a place where persons under
18 years of age regularly congregate.
(D) In addition to the prohibition under subparagraph (C) of
this paragraph, a prohibition against being present, without the
prior written approval of the board, supervisory authority or
supervising officer, at, or on property adjacent to, a school,
child care center, playground or other place intended for use
primarily by persons under 18 years of age.
(E) A prohibition against working or volunteering at a school,
child care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board, supervisory
authority or supervising officer. The program may include
polygraph and plethysmograph testing. The person is responsible
for paying for the treatment program.
(G) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board, supervisory authority or
supervising officer.
(H) Unless otherwise indicated for the treatment required under
subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
(I) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board or supervisory authority if the
representative has reasonable grounds to believe that evidence of
a violation of a condition of post-prison supervision will be
found.
(J) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
post-prison supervision.
(K) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board,
supervisory authority or supervising officer.
(L) A prohibition against using a post-office box unless
approved by the board, supervisory authority or supervising
officer.
(M) A prohibition against residing in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board, supervisory
authority or supervising officer, or in which more than one other
sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board or the director
of the supervisory authority, or a designee of the board or
director. As soon as practicable, the supervising officer of a
person subject to the requirements of this subparagraph shall
review the person's living arrangement with the person's sex
offender treatment provider to ensure that the arrangement
supports the goals of offender rehabilitation and community
safety. As used in this subparagraph:
(i) 'Dwelling' has the meaning given that term in ORS 469.160.
(ii) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(iii) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(c)(A) If the person is on post-prison supervision following
conviction of a sex crime, as defined in ORS 181.594, or an
assault, as defined in ORS 163.175 or 163.185, and the victim was
under 18 years of age, the board or supervisory authority, if
requested by the victim, shall include as a special condition of
the person's post-prison supervision that the person not reside
within three miles of the victim unless:
(i) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county
under subsection (6) of this section;
(ii) The person demonstrates to the board or supervisory
authority by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the
commission of the crime;
(iii) The person demonstrates to the board or supervisory
authority by a preponderance of the evidence that imposition of
the condition will deprive the person of a residence that would
be materially significant in aiding in the rehabilitation of the
person or in the success of the post-prison supervision; or
(iv) The person resides in a halfway house. As used in this
sub-subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(B) A victim may request imposition of the special condition of
post-prison supervision described in this paragraph at the time
of sentencing in person or through the prosecuting attorney. A
victim's request may be included in the judgment document.
(C) If the board or supervisory authority imposes the special
condition of post-prison supervision described in this paragraph
and if at any time during the period of post-prison supervision
the victim moves to within three miles of the person's residence,
the board or supervisory authority may not require the person to
change the person's residence in order to comply with the special
condition of post-prison supervision.
(4)(a) The board or supervisory authority may require the
person to pay, as a condition of post-prison supervision, any
compensatory fines, restitution or attorney fees:
(A) As determined, imposed or required by the sentencing court;
or
(B) When previously required as a condition of any type of
supervision that is later revoked.
(b) The board may require a person to pay restitution as a
condition of post-prison supervision imposed for an offense other
than the offense for which the restitution was ordered if the
person:
(A) Was ordered to pay restitution as a result of another
conviction; and
(B) Has not fully paid the restitution by the time the person
has completed the period of post-prison supervision imposed for
the offense for which the restitution was ordered.
(5) A person's failure to apply for or accept employment at any
workplace where there is a labor dispute in progress does not
constitute a violation of the conditions of post-prison
supervision. As used in this subsection, 'labor dispute' has the
meaning given that term in ORS 662.010.
(6)(a) When a person is released from imprisonment on
post-prison supervision, the board shall order, as a condition of
post-prison supervision, that the person reside for the first six
months after release in the county where the person resided at
the time of the offense that resulted in the imprisonment.
(b) Upon motion of the board, the person, a victim or a
district attorney, the board may waive the residency requirement
only after making a finding that one of the following conditions
has been met:
(A) The person provides proof of employment with no set ending
date in a county other than the established county of residence;
(B) The person is found to pose a significant danger to a
victim of the person's crime, or a victim or victim's family is
found to pose a significant danger to the person residing in the
established county of residence;
(C) The person has a spouse or biological or adoptive family
residing in a county other than the established county of
residence who will be materially significant in aiding in the
rehabilitation of the person and in the success of the
post-prison supervision;
(D) As another condition of post-prison supervision, the person
is required to participate in a treatment program that is not
available in the established county of residence;
(E) The person desires to be released to another state; or
(F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
(c)(A) The board shall determine the county where the person
resided at the time of the offense by establishing the person's
last address at the time of the offense. In making its
determination, the board shall examine all of the following:
(i) An Oregon driver license, regardless of its validity;
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police
{ - Bureau of Criminal Identification - } { + bureau of
criminal identification + };
(iv) Records maintained by the Department of Human Services;
and
(v) Records maintained by the Department of Corrections.
(B) When the person did not have an identifiable address of
record at the time of the offense, the person is considered to
have resided in the county where the offense occurred.
(C) If the person is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
(D) In determining the person's county of residence for
purposes of this subsection, the board may not consider offenses
committed by the person while the person was incarcerated in a
Department of Corrections facility.
(7) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
{ + NOTE: + } Corrects identification in (6)(c)(A)(iii) of
bureau within Department of State Police with generic terminology
used in 181.066 establishing bureau.
SECTION 38. ORS 144.270 is amended to read:
144.270. (1) The State Board of Parole and Post-Prison
Supervision, in releasing a person on parole, shall specify in
writing the conditions of the parole and a copy of such
conditions shall be given to the person paroled.
(2) The board shall determine, and may at any time modify, the
conditions of parole, which may include, among other conditions,
that the parolee shall:
(a) Accept the parole granted subject to all terms and
conditions specified by the board.
(b) Be under the supervision of the Department of Corrections
and its representatives and abide by their direction and counsel.
(c) Answer all reasonable inquiries of the board or the parole
officer.
(d) Report to the parole officer as directed by the board or
parole officer.
(e) Not own, possess or be in control of any weapon.
(f) Respect and obey all municipal, county, state and federal
laws.
(g) Understand that the board may, in its discretion, suspend
or revoke parole if it determines that the parole is not in the
best interest of the parolee, or in the best interest of society.
(3)(a) The board may establish such special conditions as it
determines are necessary because of the individual circumstances
of the parolee.
(b) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, the board shall include all of
the following as special conditions of the person's parole:
(A) Agreement to comply with any curfew set by the board or the
supervising officer.
(B) A prohibition against contacting a person under 18 years of
age without the prior written approval of the board or
supervising officer.
(C) A prohibition against being present more than one time,
without the prior written approval of the board or supervising
officer, at a place where persons under 18 years of age regularly
congregate.
(D) In addition to the prohibition under subparagraph (C) of
this paragraph, a prohibition against being present, without the
prior written approval of the board or supervising officer, at,
or on property adjacent to, a school, child care center,
playground or other place intended for use primarily by persons
under 18 years of age.
(E) A prohibition against working or volunteering at a school,
child care center, park, playground or other place where persons
under 18 years of age regularly congregate.
(F) Entry into and completion of or successful discharge from a
sex offender treatment program approved by the board or
supervising officer. The program may include polygraph and
plethysmograph testing. The person is responsible for paying for
the treatment program.
(G) A prohibition against any contact with the victim, directly
or indirectly, unless approved by the victim, the person's
treatment provider and the board or supervising officer.
(H) Unless otherwise indicated for the treatment required under
subparagraph (F) of this paragraph, a prohibition against
viewing, listening to, owning or possessing any sexually
stimulating visual or auditory materials that are relevant to the
person's deviant behavior.
(I) Agreement to consent to a search of the person or the
vehicle or residence of the person upon the request of a
representative of the board if the representative has reasonable
grounds to believe that evidence of a violation of a condition of
parole will be found.
(J) Participation in random polygraph examinations to obtain
information for risk management and treatment. The person is
responsible for paying the expenses of the examinations. The
results of a polygraph examination under this subparagraph may
not be used in evidence in a hearing to prove a violation of
parole.
(K) Maintenance of a driving log and a prohibition against
driving a motor vehicle alone unless approved by the board or
supervising officer.
(L) A prohibition against using a post-office box unless
approved by the board or supervising officer.
(M) A prohibition against residing in any dwelling in which
another sex offender who is on probation, parole or post-prison
supervision resides unless approved by the board or supervising
officer, or in which more than one other sex offender who is on
probation, parole or post-prison supervision resides unless
approved by the board or a designee of the board. As soon as
practicable, the supervising officer of a person subject to the
requirements of this subparagraph shall review the person's
living arrangement with the person's sex offender treatment
provider to ensure that the arrangement supports the goals of
offender rehabilitation and community safety. As used in this
subparagraph:
(i) 'Dwelling' has the meaning given that term in ORS 469.160.
(ii) 'Dwelling' does not include a residential treatment
facility or a halfway house.
(iii) 'Halfway house' means a publicly or privately operated
profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(c)(A) If the person is on parole following conviction of a sex
crime, as defined in ORS 181.594, or an assault, as defined in
ORS 163.175 or 163.185, and the victim was under 18 years of age,
the board, if requested by the victim, shall include as a special
condition of the person's parole that the person not reside
within three miles of the victim unless:
(i) The victim resides in a county having a population of less
than 130,000 and the person is required to reside in that county
under subsection (5) of this section;
(ii) The person demonstrates to the board by a preponderance of
the evidence that no mental intimidation or pressure was brought
to bear during the commission of the crime;
(iii) The person demonstrates to the board by a preponderance
of the evidence that imposition of the condition will deprive the
person of a residence that would be materially significant in
aiding in the rehabilitation of the person or in the success of
the parole; or
(iv) The person resides in a halfway house. As used in this
sub-subparagraph, 'halfway house' means a publicly or privately
operated profit or nonprofit residential facility that provides
rehabilitative care and treatment for sex offenders.
(B) A victim may request imposition of the special condition of
parole described in this paragraph at the time of sentencing in
person or through the prosecuting attorney. A victim's request
may be included in the judgment document.
(C) If the board imposes the special condition of parole
described in this paragraph and if at any time during the period
of parole the victim moves to within three miles of the parolee's
residence, the board may not require the parolee to change the
parolee's residence in order to comply with the special condition
of parole.
(4) It is not a cause for revocation of parole that the parolee
failed to apply for or accept employment at any workplace where
there is a labor dispute in progress. As used in this subsection,
'labor dispute' has the meaning { - for - } { + given + }
that term { - provided - } in ORS 662.010.
(5)(a) When the board grants an inmate parole from the custody
of the Department of Corrections, the board shall order, as a
condition of parole, that the inmate reside for the first six
months in the county where the inmate resided at the time of the
offense that resulted in the imprisonment.
(b) Upon motion of the board, an inmate, a victim or a district
attorney, the board may waive the residency requirement only
after making a finding that one of the following conditions has
been met:
(A) The inmate provides proof of a job with no set ending date
in a county other than the established county of residence;
(B) The inmate is found to pose a significant danger to the
victim of the offender's crime, or the victim or victim's family
is found to pose a significant danger to the inmate residing in
the county of residence;
(C) The inmate has a spouse or biological or adoptive family
residing in other than the county of residence who will be
materially significant in aiding in the rehabilitation of the
offender and in the success of the parole;
(D) As another condition of parole, the inmate is required to
participate in a treatment program { - which - } { + that + }
is not available or located in the county of residence;
(E) The inmate desires to be paroled to another state; or
(F) The board finds other good cause, of a nature similar to
the other conditions listed in this paragraph, for the waiver.
(c)(A) For purposes of this subsection, 'residency' means the
last address at the time of the offense, as established by an
examination of all of the following:
(i) An Oregon driver license, regardless of its validity;
(ii) Records maintained by the Department of Revenue;
(iii) Records maintained by the Department of State Police
{ - , Bureau of Criminal Identification - } { + bureau of
criminal identification + };
(iv) Records maintained by the Department of Human Services;
and
(v) Records maintained by the Department of Corrections.
(B) When an inmate did not have one identifiable address of
record at the time of the offense, the inmate shall be considered
to have resided in the county where the offense occurred.
(C) If the inmate is serving multiple sentences, the county of
residence shall be determined according to the date of the last
arrest resulting in a conviction.
(D) If the inmate is being rereleased after revocation of
parole, the county of residence shall be determined according to
the date of the arrest resulting in a conviction of the
underlying offense.
(E) In determining the inmate's county of residence, a
conviction for an offense that the inmate committed while
incarcerated in a state corrections institution may not be
considered.
(6) When the board grants an inmate parole from the custody of
the Department of Corrections and if the inmate is required to
report as a sex offender under ORS 181.595, the board, as a
condition of parole, shall order the inmate to report with the
Department of State Police, a chief of police, a county sheriff
or the supervising agency:
(a) When supervision begins;
(b) Within 10 days of a change in residence;
(c) Once each year within 10 days of the inmate's date of
birth;
(d) Within 10 days of the first day the person works at,
carries on a vocation at or attends an institution of higher
education; and
(e) Within 10 days of a change in work, vocation or attendance
status at an institution of higher education.
(7) As used in this section, 'attends,' 'institution of higher
education,' 'works' and 'carries on a vocation' have the meanings
given those terms in ORS 181.594.
{ + NOTE: + } Corrects word choice in (4) and (5)(b)(D);
corrects identification in (5)(c)(A)(iii) of bureau within
Department of State Police with generic terminology used in
181.066 establishing bureau.
SECTION 39. ORS 144.460 is amended to read:
144.460. The Department of Corrections may contract with the
governing bodies of political subdivisions in this state, with
the federal government and with any private agencies approved by
the department for the quartering in suitable local facilities of
persons enrolled in work release programs. Each such facility
having six or more residents must be licensed under ORS 443.400
to 443.455 { - and 443.991 (2) - } and must satisfy standards
established by the Department of Corrections to { - assure - }
{ + ensure + } adequate supervision, custody, health and safety
of persons quartered therein.
{ + NOTE: + } Deletes inappropriate reference to penalty
section; corrects word choice.
SECTION 40. ORS 147.450 is amended to read:
147.450. As used in ORS 147.450 to 147.471 { - and section
31, chapter 870, Oregon Laws 2001 - } :
(1) 'Domestic violence' has the meaning given that term in ORS
135.230; and
(2) 'Sexual assault' means any unwanted sexual contact as
defined in ORS 163.305.
{ + NOTE: + } Deletes reference to outdated temporary
provision in lead-in.
SECTION 41. ORS 147.465 is amended to read:
147.465. (1) If sufficient funds are available in the Oregon
Domestic and Sexual Violence Services Fund, the Attorney General
or the Attorney General's designee may make grants from the fund
to carry out the plan developed under ORS 147.456.
(2) The Attorney General may hire staff necessary to accomplish
the purposes of the plan developed under ORS 147.456.
(3) In accordance with ORS chapter 183, the Attorney General
shall adopt rules necessary to carry out the provisions of ORS
147.450 to 147.471 { - and section 31, chapter 870, Oregon Laws
2001 - } .
{ + NOTE: + } Deletes reference to outdated temporary
provision in (3).
SECTION 42. ORS 147.471 is amended to read:
147.471. (1) { - After development of the plan described in
ORS 147.456 and presentation of the plan to the appropriate
interim legislative committee as required in section 31, chapter
870, Oregon Laws 2001, - } There is created an advisory council
that shall consist of at least 15, but not more than 20, members.
The council shall advise the Department of Justice on the
administration of the policies and practices of the domestic and
sexual violence services program. Members shall be appointed by
and serve at the pleasure of the Attorney General. Membership in
the council shall:
(a) Accurately reflect the diversity of the population in
Oregon as well as the diversity of individuals needing services;
(b) Be composed of both lay and professionally trained
individuals with expertise in domestic violence and sexual
assault services;
(c) Include representatives of other state agencies providing
services;
(d) Include representatives of professional, civil or other
public or private organizations;
(e) Include private citizens interested in service programs;
and
(f) Include recipients of assistance or services or their
representatives.
(2) Members of the advisory council may not receive
compensation for their services. Members of the advisory council
other than members employed in full-time public service shall be
reimbursed by the Department of Justice for their actual and
necessary expenses incurred in the performance of their duties.
The reimbursement shall be subject to the provisions of ORS
292.210 to 292.288. Members of the advisory council who are
employed in full-time public service may be reimbursed by their
employing agencies for their actual and necessary expenses
incurred in the performance of their duties.
{ + NOTE: + } Deletes outdated provisions in (1) lead-in.
SECTION 43. ORS 151.211 is amended to read:
151.211. For purposes of ORS 151.211 to 151.221:
(1) 'Bar member' means an individual who is an active member of
the Oregon State Bar.
(2) 'Chief Justice' means the Chief Justice of the
{ - Oregon - } Supreme Court.
(3) 'Commission' means the Public Defense Services Commission.
(4) 'Director' means the public defense services executive
director appointed under ORS 151.216.
(5) 'Office of public defense services' means the office
established by the commission under the director to handle the
cases assigned and to carry out the administrative policies and
procedures for the public defense system.
{ + NOTE: + } Corrects official title in (2).
SECTION 44. ORS 153.005 is amended to read:
153.005. As used in this chapter:
(1) 'Enforcement officer' means:
(a) A member of the Oregon State Police.
(b) A sheriff or deputy sheriff.
(c) A city marshal or a member of the police of a city,
municipal or quasi-municipal corporation.
(d) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state.
(e) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon.
(f) Any other person specifically authorized by law to issue
citations for the commission of violations.
{ + (2) 'Traffic offense' has the meaning given that term in
ORS 801.555. + }
{ - (2) - } { + (3) + } 'Violation' means an offense
described ORS 153.008.
{ - (3) - } { + (4) + } 'Violation proceeding' means a
judicial proceeding initiated by issuance of a citation that
charges a person with commission of a violation.
{ - (4) 'Traffic offense' has the meaning given that term in
ORS 801.555. - }
{ + NOTE: + } Alphabetizes definitions.
SECTION 45. ORS 163.275 is amended to read:
163.275. (1) A person commits the crime of coercion when the
person compels or induces another person to engage in conduct
from which the other person has a legal right to abstain, or to
abstain from engaging in conduct in which the other person has a
legal right to engage, by means of instilling in the other person
a fear that, if the other person refrains from the conduct
compelled or induced or engages in conduct contrary to the
compulsion or inducement, the actor or another will:
(a) Unlawfully cause physical injury to some person;
{ - or - }
(b) Unlawfully cause damage to property; { - or - }
(c) Engage in conduct constituting a crime; { - or - }
(d) Falsely accuse some person of a crime or cause criminal
charges to be instituted against the person; { - or - }
(e) Cause or continue a strike, boycott or other collective
action injurious to some person's business, except that such a
threat { - shall not be - } { + is not + } deemed coercive
when the act or omission compelled is for the benefit of the
group in whose interest the actor purports to act; { - or - }
(f) Testify falsely or provide false information or withhold
testimony or information with respect to another's legal claim or
defense; or
(g) Unlawfully use or abuse the person's position as a public
servant by performing some act within or related to official
duties, or by failing or refusing to perform an official duty, in
such manner as to affect some person adversely.
(2) Coercion is a Class C felony.
{ + NOTE: + } Removes superfluous conjunctions in (1);
updates word choice in (1)(e).
SECTION 46. ORS 163.730 is amended to read:
163.730. As used in ORS 30.866 and 163.730 to 163.750, unless
the context requires otherwise:
(1) 'Alarm' means to cause apprehension or fear resulting from
the perception of danger.
(2) 'Coerce' means to restrain, compel or dominate by force or
threat.
(3) 'Contact' includes but is not limited to:
(a) Coming into the visual or physical presence of the other
person;
(b) Following the other person;
(c) Waiting outside the home, property, place of work or school
of the other person or of a member of that person's family or
household;
(d) Sending or making written or electronic communications in
any form to the other person;
(e) Speaking with the other person by any means;
(f) Communicating with the other person through a third person;
(g) Committing a crime against the other person;
(h) Communicating with a third person who has some relationship
to the other person with the intent of affecting the third
person's relationship with the other person;
(i) Communicating with business entities with the intent of
affecting some right or interest of the other person;
(j) Damaging the other person's home, property, place of work
or school; or
(k) Delivering directly or through a third person any object to
the home, property, place of work or school of the other person.
(4) 'Household member' means any person residing in the same
residence as the victim.
(5) 'Immediate family' means father, mother, child, sibling,
{ - parent, - } spouse, grandparent, stepparent and stepchild.
(6) 'Law enforcement officer' means any person employed in this
state as a police officer by a county sheriff, constable, marshal
or municipal or state police agency.
(7) 'Repeated' means two or more times.
(8) 'School' means a public or private institution of learning
or a child care facility.
{ + NOTE: + } Eliminates duplicative reference in (5).
SECTION 47. ORS 164.015 is amended to read:
164.015. A person commits theft when, with intent to deprive
another of property or to appropriate property to the person or
to a third person, the person:
(1) Takes, appropriates, obtains or withholds such property
from an owner thereof; { - or - }
(2) Commits theft of property lost, mislaid or delivered by
mistake as provided in ORS 164.065; { - or - }
(3) Commits theft by extortion as provided in ORS 164.075;
{ - or - }
(4) Commits theft by deception as provided in ORS 164.085; or
(5) Commits theft by receiving as provided in ORS 164.095.
{ + NOTE: + } Removes superfluous conjunctions.
SECTION 48. ORS 164.075 is amended to read:
164.075. (1) A person commits theft by extortion when the
person compels or induces another to deliver property to the
person or to a third person by instilling in the other a fear
that, if the property is not so delivered, the actor or a third
person will in the future:
(a) Cause physical injury to some person; { - or - }
(b) Cause damage to property; { - or - }
(c) Engage in other conduct constituting a crime; { - or - }
(d) Accuse some person of a crime or cause criminal charges to
be instituted against the person; { - or - }
(e) Expose a secret or publicize an asserted fact, whether true
or false, tending to subject some person to hatred, contempt or
ridicule; { - or - }
(f) Cause or continue a strike, boycott or other collective
action injurious to some person's business { + , + } { - ; - }
except that such conduct { - shall not be - } { + is not + }
considered extortion when the property is demanded or received
for the benefit of the group in whose interest the actor purports
to act; { - or - }
(g) Testify or provide information or withhold testimony or
information with respect to another's legal claim or defense;
{ - or - }
(h) Use or abuse the position as a public servant by performing
some act within or related to official duties, or by failing or
refusing to perform an official duty, in such manner as to affect
some person adversely; or
(i) Inflict any other harm that would not benefit the actor.
(2) Theft by extortion is a Class B felony.
{ + NOTE: + } Removes superfluous conjunctions in (1);
updates word choice and punctuation in (1)(f).
SECTION 49. ORS 164.085 is amended to read:
164.085. (1) A person, who obtains property of another thereby,
commits theft by deception when, with intent to defraud, the
person:
(a) Creates or confirms another's false impression of law,
value, intention or other state of mind { - which - } { +
that + } the actor does not believe to be true; { - or - }
(b) Fails to correct a false impression { - which - } { +
that + } the person previously created or confirmed; { - or - }
(c) Prevents another from acquiring information pertinent to
the disposition of the property involved; { - or - }
(d) Sells or otherwise transfers or encumbers property, failing
to disclose a lien, adverse claim or other legal impediment to
the enjoyment of the property, whether such impediment is or is
not valid, or is or is not a matter of official record; or
(e) Promises performance { - which - } { + that + } the
person does not intend to perform or knows will not be performed.
(2) 'Deception' does not include falsity as to matters having
no pecuniary significance, or representations unlikely to deceive
ordinary persons in the group addressed. For purposes of this
subsection, the theft of a companion animal, as defined in ORS
164.055, or a captive wild animal is a matter having pecuniary
significance.
(3) In a prosecution for theft by deception { + , + } the
defendant's intention or belief that a promise would not be
performed { - shall - } { + may + } not be established by or
inferred from the fact alone that such promise was not performed.
(4) In a prosecution for theft by deception committed by means
of a bad check, it is prima facie evidence of knowledge that the
check or order would not be honored if:
(a) The drawer has no account with the drawee at the time the
check or order is drawn or uttered; or
(b) Payment is refused by the drawee for lack of funds, upon
presentation within 30 days after the date of utterance, and the
drawer fails to make good within 10 days after receiving notice
of refusal.
{ + NOTE: + } Removes superfluous conjunctions and corrects
word choice in (1); inserts comma to improve readability and
updates word choice in (3).
SECTION 50. ORS 164.135 is amended to read:
164.135. (1) A person commits the crime of unauthorized use of
a vehicle when:
(a) The person takes, operates, exercises control over, rides
in or otherwise uses another's vehicle, boat or aircraft without
consent of the owner; { - or - }
(b) Having custody of a vehicle, boat or aircraft pursuant to
an agreement between the person or another and the owner thereof
whereby the person or another is to perform for compensation a
specific service for the owner involving the maintenance, repair
or use of such vehicle, boat or aircraft, the person
intentionally uses or operates it, without consent of the owner,
for the person's own purpose in a manner constituting a gross
deviation from the agreed purpose; or
(c) Having custody of a vehicle, boat or aircraft pursuant to
an agreement with the owner thereof whereby such vehicle, boat or
aircraft is to be returned to the owner at a specified time, the
person knowingly retains or withholds possession thereof without
consent of the owner for so lengthy a period beyond the specified
time as to render such retention or possession a gross deviation
from the agreement.
(2) Unauthorized use of a vehicle, boat or aircraft is a Class
C felony.
(3) Subsection (1)(a) of this section does not apply to a
person who rides in or otherwise uses a public transit vehicle,
as defined in ORS 166.116, if the vehicle is being operated by an
authorized operator within the scope of the operator's
employment.
{ + NOTE: + } Removes superfluous conjunction in (1).
SECTION 51. ORS 164.415 is amended to read:
164.415. (1) A person commits the crime of robbery in the first
degree if the person violates ORS 164.395 and the person:
(a) Is armed with a deadly weapon; { - or - }
(b) Uses or attempts to use a dangerous weapon; or
(c) Causes or attempts to cause serious physical injury to any
person.
(2) Robbery in the first degree is a Class A felony.
{ + NOTE: + } Removes superfluous conjunction in (1).
SECTION 52. ORS 164.805 is amended to read:
164.805. (1) A person commits the crime of offensive littering
if the person creates an objectionable stench or degrades the
beauty or appearance of property or detracts from the natural
cleanliness or safety of property by intentionally:
(a) Discarding or depositing any rubbish, trash, garbage,
debris or other refuse upon the land of another without
permission of the owner, or upon any public way or in or upon any
public transportation facility; { - or - }
(b) Draining, or causing or permitting to be drained, sewage or
the drainage from a cesspool, septic tank, recreational or
camping vehicle waste holding tank or other contaminated source,
upon the land of another without permission of the owner, or upon
any public way; or
(c) Permitting any rubbish, trash, garbage, debris or other
refuse to be thrown from a vehicle { - which - } { + that + }
the person is operating { - ; except that - } { + . + } This
subsection { - shall - } { + does + } not apply to a person
operating a vehicle transporting passengers for hire subject to
regulation by the Interstate Commerce Commission or the
Department of Transportation or a person operating a school bus
described under ORS 801.460.
(2) As used in this section { - , - } { + :
(a) 'Public transportation facility' has the meaning given that
term in ORS 164.365.
(b) + } 'Public way' includes, but is not limited to, roads,
streets, alleys, lanes, trails, beaches, parks and all
recreational facilities operated by the state, a county or a
local municipality for use by the general public.
{ - (3) As used in this section, 'public transportation
facility' has the meaning provided for in ORS 164.365. - }
{ - (4) - } { + (3) + } Offensive littering is a Class C
misdemeanor.
{ + NOTE: + } Removes superfluous conjunction in (1); updates
punctuation and word choice in (1)(c); restructures definitions
to conform to legislative style.
SECTION 53. ORS 169.166 is amended to read:
169.166. Notwithstanding ORS 169.140 and 169.150 and except as
otherwise provided in ORS 414.805 and 414.807:
(1) An individual who receives medical services not provided by
the county or city while in the custody of a local correctional
facility or juvenile detention facility is liable:
(a) To the provider of the medical services not provided by the
county or city for the charges and expenses therefor; and
(b) To the keeper of the local correctional facility for any
charges or expenses paid by the keeper of the facility for the
medical services not provided by the county or city.
(2) A person providing medical services not provided by the
county or city to an individual described in subsection (1)(a) of
this section shall first make reasonable efforts to collect the
charges and expenses thereof from the individual before seeking
to collect them from the keeper of the local correctional
facility.
(3)(a) Except as otherwise provided in subsection (4) of this
section, if the provider has not been paid within 45 days of the
date of the billing, the provider may bill the keeper of the
local correctional facility who shall pay the account in
accordance with ORS 169.140 and 169.150.
(b) A bill submitted to the keeper of a local correctional
facility under this subsection must be accompanied by evidence
documenting that:
(A) The provider has billed the individual or the individual's
insurer or health care { + service + } contractor for the
charges or expenses owed to the provider; and
(B) The provider has made a reasonable effort to collect from
the individual or the individual's insurer or health care { +
service + } contractor the charges and expenses owed to the
provider.
(c) If the provider receives payment from the individual or the
insurer or health care { + service + } contractor after
receiving payment from the keeper of the facility, the provider
shall repay the keeper the amount received from the keeper less
any difference between payment received from the individual,
insurer or contractor and the amount of the billing.
(4) Except as otherwise provided by ORS 30.260 to 30.300 and
federal civil rights laws, upon release of the individual from
the actual physical custody of the local correctional facility,
the keeper of the local correctional facility is not liable for
the payment of charges and expenses for medical services provided
to the individual.
{ + NOTE: + } Standardizes terminology in (3)(b) and (c).
SECTION 54. ORS 181.010 is amended to read:
181.010. As used in ORS 181.010 to 181.560 and 181.715 to
181.730, unless the context requires otherwise:
(1) 'Bureau' means the Department of State Police { - Bureau
of Criminal Identification - } { + bureau of criminal
identification + }.
(2) 'Criminal justice agency' means:
(a) The Governor;
(b) Courts of criminal jurisdiction;
(c) The Attorney General;
(d) District attorneys, city attorneys with criminal
prosecutive functions, attorney employees of the office of public
defense services and nonprofit public defender organizations
established under contract with the Public Defense Services
Commission;
(e) Law enforcement agencies;
(f) The Department of Corrections;
(g) The State Board of Parole and Post-Prison Supervision;
(h) The Department of Public Safety Standards and Training; and
(i) Any other state or local agency with law enforcement
authority designated by order of the Governor.
(3) 'Criminal offender information' includes records and
related data as to physical description and vital statistics,
fingerprints received and compiled by the bureau for purposes of
identifying criminal offenders and alleged offenders, records of
arrests and the nature and disposition of criminal charges,
including sentencing, confinement, parole and release.
(4) 'Department' means the Department of State Police
established under ORS 181.020.
(5) 'Deputy superintendent' means the Deputy Superintendent of
State Police.
(6) 'Designated agency' means any state, county or municipal
government agency where Oregon criminal offender information is
required to implement a federal or state statute, executive order
or administrative rule that expressly refers to criminal conduct
and contains requirements or exclusions expressly based on such
conduct or for agency employment purposes, licensing purposes or
other demonstrated and legitimate needs when designated by order
of the Governor.
(7) 'Disposition report' means a form or process prescribed or
furnished by the bureau, containing a description of the ultimate
action taken subsequent to an arrest.
(8) 'Law enforcement agency' means county sheriffs, municipal
police departments, State Police, other police officers of this
{ + state + } and other states and law enforcement agencies of
the federal government.
(9) 'State Police' means the members of the state police force
appointed under ORS 181.250.
(10) 'Superintendent' means the Superintendent of State Police.
{ + NOTE: + } Corrects identification in (1) of bureau within
Department of State Police with generic terminology used in
181.066 establishing bureau; corrects grammar in (8).
SECTION 55. ORS 181.511 is amended to read:
181.511. (1) A law enforcement agency immediately upon the
arrest of a person for a crime for which criminal offender
information must be provided under ORS 181.515 shall:
(a) Place the arrested person's fingerprints and identifying
data on forms prescribed or furnished by the Department of State
Police { - Bureau of Criminal Identification - } { + bureau
of criminal identification + }, photograph the arrested person
{ - , - } and promptly transmit the form and photograph to the
bureau.
(b) If the arrest is disposed of by the arresting agency, cause
the disposition report to be completed and promptly transmitted
to the bureau.
(c) If the arrest is not disposed of by the agency, cause the
disposition report to be forwarded, except as otherwise provided
in section 3, chapter 553, Oregon Laws 1987, to the court that
will dispose of the charge, for further action in accordance with
ORS 181.521.
(2) A law enforcement agency may record, in addition to
fingerprints, the palm prints, sole prints, toe prints { - , - }
or other personal identifiers when, in the discretion of the
agency, it is necessary to effect identification of the persons
or to the investigation of the crime charged.
(3) A law enforcement agency, for the purpose of
identification, may record and submit to the bureau the
fingerprints of persons arrested for crimes for which criminal
offender information is not required under ORS 181.515.
{ + NOTE: + } Corrects identification in (1)(a) of bureau
within Department of State Police with generic terminology used
in 181.066 establishing bureau; strikes serial commas in (1)(a)
and (2).
SECTION 56. ORS 181.521 is amended to read:
181.521. When a court receives a disposition report from a law
enforcement agency pursuant to ORS 181.511, the court shall
transmit disposition information to the Department of State
Police
{ - Bureau of Criminal Identification - } { + bureau of
criminal identification + } in a manner and format determined by
the State Court Administrator after consultation with the bureau.
{ + NOTE: + } Corrects identification of bureau within
Department of State Police with generic terminology used in
181.066 establishing bureau.
SECTION 57. ORS 181.530 is amended to read:
181.530. (1) The superintendent of any institution of this
state shall notify the Department of State Police { - Bureau of
Criminal Identification - } { + bureau of criminal
identification + } prior to the release or immediately after the
escape from { - such - } { + the + } institution { - , - }
of any person committed to { - such - } { + the + }
institution { - , - } for a crime for which a report is
required or under civil commitment as a sexually dangerous
person. 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 required by subsection
(1) of this section, the bureau shall notify all law enforcement
agencies in the county in which the person was convicted or from
which the person was committed and in the county, if known, in
which the person will reside.
{ + NOTE: + } Corrects identification in (1) of bureau within
Department of State Police with generic terminology used in
181.066 establishing bureau; updates word choice and comma use in
(1).
SECTION 58. { + ORS 182.451 is repealed. + }
{ + NOTE: + } Consolidates lists of semi-independent state
agencies. See amendments to 182.454 in section 59.
SECTION 59. ORS 182.454 is amended to read:
182.454. The following semi-independent state agencies are
subject to ORS 182.456 to 182.472:
(1) The Appraiser Certification and Licensure Board.
(2) The State Board of Architect Examiners.
(3) The State Board of Examiners for Engineering and Land
Surveying.
(4) The State Board of Geologist Examiners.
(5) The State Landscape Architect Board.
(6) The Oregon Board of Optometry.
(7) The Oregon Patient Safety Commission.
(8) The Oregon Wine Board.
{ + (9) The State Board of Massage Therapists.
(10) The Physical Therapist Licensing Board.
(11) The State Landscape Contractors Board. + }
{ + NOTE: + } Consolidates lists of semi-independent state
agencies. See repeal of 182.451 in section 58.
SECTION 60. ORS 182.456 is amended to read:
182.456. As used in ORS 182.456 to 182.472:
(1) 'Board' means a { - board established as a - }
semi-independent state agency { - under ORS 182.451 or a board
or commission - } listed { - under - } { + in + } ORS
182.454.
(2) 'License' includes licenses, registrations, certifications,
permits or other forms of permission required by law to pursue an
occupation or engage in a business regulated by a board.
{ + NOTE: + } Deletes reference to repealed statute in (1).
See section 58.
SECTION 61. ORS 182.460 is amended to read:
182.460. (1) Except as otherwise provided by law, the
provisions of ORS chapters 240, 276, { - 279, - } 279A, 279B,
279C, 282, 283, 291, 292 and 293 do not apply to a board. A board
is subject to all other statutes governing a state agency that do
not conflict with ORS 182.456 to 182.472, including the tort
liability provisions of ORS 30.260 to 30.300 and the provisions
of ORS chapter 183, and a board's employees are included within
the Public Employees Retirement System.
(2) Notwithstanding subsection (1) of this section, the
following provisions shall apply to a board:
(a) ORS 240.309 (1) to (6) and 240.321;
{ - (b) ORS 279.835 to 279.855; - }
{ - (c) - } { + (b) + } ORS 279A.250 to 279A.290;
{ - (d) - } { + (c) + } ORS 282.210 to 282.230; and
{ - (e) - } { + (d) + } ORS 293.240.
(3) In carrying out the duties, functions and powers of a
board, the board may contract with any state agency for the
performance of duties, functions and powers as the board
considers appropriate. A state agency { - shall - } { +
may + } not charge a board an amount that exceeds the actual cost
of those services. ORS 182.456 to 182.472 do not require an
agency to provide services to a board other than pursuant to a
voluntary interagency agreement or contract.
(4) A board shall adopt personnel policies and contracting and
purchasing procedures. The Oregon Department of Administrative
Services shall review those policies and procedures for
compliance with applicable state and federal laws and collective
bargaining contracts.
(5) Except as otherwise provided by law, directors and
employees of a board are eligible to receive the same benefits as
state employees and are entitled to retain their State of Oregon
hire dates, transfer rights and job bidding rights, all without
loss of seniority, and to the direct transfer of all accumulated
state agency leaves.
{ + NOTE: + } Removes chapter reference in (1) rendered
obsolete by restructuring of public contracting law (see chapter
794, Oregon Laws 2003); removes corresponding series reference in
(2); corrects word choice in (3).
SECTION 62. ORS 190.520 is amended to read:
190.520. (1) The State Board of Higher Education shall:
(a) Annually estimate the population as of July 1 of each city
and county within the state and no later than December 15 of each
year prepare a certificate of population showing the board's
estimate of the population of each city and county within the
state as of July 1. The board's estimate may be based upon
statistical or other pertinent data or upon an actual count. The
certificate shall also indicate the results of any enumeration of
cities or annexed areas made after July 1.
(b) Annually estimate the number of persons between the ages of
4 and 20 who resided in each county as of October 25. The board
shall certify such estimate to the Superintendent of Public
Instruction and to the executive officer of the administrative
office of each county, as defined in ORS 328.001, by January 1 of
each year.
(c) Upon an official request from a city, county, political
subdivision, public corporation or state agency, cause to be
conducted at the expense of the requesting party an actual count
of the population of the area specified in the request and
prepare a certificate of population based upon such count.
(d) Upon the incorporation of a city, cause to be conducted at
the expense of the city an actual count of the population of the
city. The board shall prepare a certificate of population based
upon such count. If the election of officers of the newly
incorporated city is held 40 days or more before the end of the
calendar quarter, the certificate shall be prepared before the
end of the calendar quarter. If the election is held less than 40
days before the end of the calendar quarter, the certificate
shall be prepared before the end of the calendar quarter next
following the election.
(2) All certificates prepared under this section shall be filed
with the { - Center for Population Research and Census - }
{ + Portland State University Population Research Center + }.
{ + NOTE: + } Corrects name of center in (2).
SECTION 63. ORS 196.810 is amended to read:
196.810. (1)(a) Except as otherwise specifically permitted
under ORS 196.600 to 196.905, no person or governmental body may
remove any material from the beds or banks or fill any waters of
this state without a permit issued under authority of the
Director of the Department of State Lands, or in a manner
contrary to the conditions set out in the permit, or in a manner
contrary to the conditions set out in an order approving a
{ - wetlands - } { + wetland + } conservation plan.
(b) Notwithstanding the permit requirements of this section and
notwithstanding the provisions of ORS 196.800 (5) and (13), if
any removal or fill activity is proposed in essential indigenous
anadromous salmonid habitat, except for those activities
customarily associated with agriculture, a permit is required. '
Essential indigenous anadromous salmonid habitat' as defined
under this section shall be further defined and designated by
rule by the Department of State Lands in consultation with the
State Department of Fish and Wildlife and in consultation with
other affected parties.
(c) No person may be required to obtain a permit under
paragraph (b) of this subsection for prospecting or other
nonmotorized activities resulting in the removal from or fill of
less than one cubic yard of material at any one individual site
and, cumulatively, not more than five cubic yards of material
within a designated essential indigenous anadromous salmonid
habitat segment in a single year. Prospecting or other
nonmotorized activities may be conducted only within the bed or
wet perimeter of the waterway and may not occur at any site where
fish eggs are present. Removal or filling activities customarily
associated with mining require a permit under paragraph (b) of
this subsection.
(d) No permit may be required under paragraph (b) of this
subsection for construction or maintenance of fish passage and
fish screening structures that are constructed, operated or
maintained under ORS 498.311, 498.316, 498.326 or 509.600 to
509.645.
(e) Nothing in this section limits or otherwise changes the
exemptions under ORS 196.905.
(f) As used in paragraphs (b) and (c) of this subsection:
(A) 'Bed' means the land within the wet perimeter and any
adjacent nonvegetated dry gravel bar.
(B) 'Essential indigenous anadromous salmonid habitat ' means
the habitat that is necessary to prevent the depletion of
indigenous anadromous salmonid species during their life history
stages of spawning and rearing.
(C) 'Indigenous anadromous salmonid' means chum, sockeye,
Chinook and Coho salmon, and steelhead and cutthroat trout, that
are members of the family Salmonidae and are listed as sensitive,
threatened or endangered by a state or federal authority.
(D) 'Prospecting' means searching or exploring for samples of
gold, silver or other precious minerals, using nonmotorized
methods, from among small quantities of aggregate.
(E) 'Wet perimeter' means the area of the stream that is under
water or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the
activity occurs.
(2) No governmental body may issue a lease or permit contrary
or in opposition to the conditions set out in the permit issued
under ORS 196.600 to 196.905.
(3) Subsection (1) of this section does not apply to removal of
material under a contract, permit or lease with any governmental
body entered into before September 13, 1967. However, no such
contract, permit or lease may be renewed or extended on or after
September 13, 1967, unless the person removing the material has
obtained a permit under ORS 196.600 to 196.905.
(4) Notwithstanding subsection (1) of this section, the
Department of State Lands may issue, orally or in writing, an
emergency authorization for the removal of material from the beds
or banks or filling of any waters of this state in an emergency,
for the purpose of making repairs or for the purpose of
preventing irreparable harm, injury or damage to persons or
property. The emergency authorization issued under this
subsection:
(a) Shall contain conditions of operation that the department
determines are necessary to minimize impacts to water resources
or adjoining properties.
(b) Shall be based, whenever practicable, on the
recommendations contained in an on-site evaluation by an employee
or representative of the department.
(c) If issued orally, shall be confirmed in writing by the
department within five days.
{ + NOTE: + } Standardizes terminology in (1)(a) to
correspond with definition in 196.800.
SECTION 64. ORS 196.810, as amended by section 2, chapter 516,
Oregon Laws 2001, and section 97, chapter 14, Oregon Laws 2003,
is amended to read:
196.810. (1)(a) Except as otherwise specifically permitted
under ORS 196.600 to 196.905, a person or governmental body may
not remove any material from the beds or banks or fill any waters
of this state without a permit issued under authority of the
Director of the Department of State Lands, or in a manner
contrary to the conditions set out in the permit, or in a manner
contrary to the conditions set out in an order approving a
{ - wetlands - } { + wetland + } conservation plan.
(b) A permit is not required under paragraph (a) of this
subsection for prospecting or other nonmotorized activities
resulting in the removal from or fill of less than one cubic yard
of material at any one individual site and, cumulatively, not
more than five cubic yards of material within a particular stream
segment in a single year. Prospecting or other nonmotorized
activities may be conducted only within the bed or wet perimeter
of the waterway and may not occur at any site where fish eggs are
present. Removal or filling activities customarily associated
with mining require a permit under paragraph (a) of this
subsection.
(c) A permit is not required under paragraph (a) of this
subsection for construction or maintenance of fish passage and
fish screening structures associated with irrigation ditches or
the maintenance of drainage ditches that are constructed,
operated or maintained under ORS 498.311, 498.316, 498.326 or
509.600 to 509.645.
(d) Nothing in this section limits or otherwise changes the
exemptions under ORS 196.905.
(2) A governmental body may not issue a lease or permit
contrary or in opposition to the conditions set out in the permit
issued under ORS 196.600 to 196.905.
(3) Subsection (1) of this section does not apply to removal of
material under a contract, permit or lease with any governmental
body entered into before September 13, 1967. However, a contract,
permit or lease may not be renewed or extended on or after
September 13, 1967, unless the person removing the material has
obtained a permit under ORS 196.600 to 196.905.
(4) Notwithstanding subsection (1) of this section, the
Department of State Lands may issue, orally or in writing, an
emergency authorization for the removal of material from the beds
or banks or filling of any waters of this state in an emergency,
for the purpose of making repairs or for the purpose of
preventing irreparable harm, injury or damage to persons or
property. The emergency authorization issued under this
subsection:
(a) Shall contain conditions of operation that the department
determines are necessary to minimize impacts to water resources
or adjoining properties.
(b) Shall be based, whenever practicable, on the
recommendations contained in an on-site evaluation by an employee
or representative of the department.
(c) If issued orally, shall be confirmed in writing by the
department within five days.
(5) As used in this section:
(a) 'Bed' means the land within the wet perimeter and any
adjacent nonvegetated dry gravel bar.
(b) 'Prospecting' means searching or exploring for samples of
gold, silver or other precious minerals, using nonmotorized
methods, from among small quantities of aggregate.
(c) 'Wet perimeter' means the area of the stream that is under
water or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the
activity occurs.
{ + NOTE: + } Standardizes terminology in (1)(a) to
correspond with definition in 196.800.
SECTION 65. ORS 196.855 is amended to read:
196.855. The removal of material from the beds or banks or
filling any of the waters of this state without a permit issued
under ORS 196.825, or in a manner contrary to the conditions set
out in the permit, or in a manner contrary to the conditions set
out in an order approving a { - wetlands - } { + wetland + }
conservation plan, is a public nuisance.
{ + NOTE: + } Standardizes terminology to correspond with
definition in 196.800.
SECTION 66. ORS 196.860 is amended to read:
196.860. (1) If the Director of the Department of State Lands
determines that material is being removed from or filling is
occurring in any of the waters of this state without a permit
issued under ORS 196.825, or in a manner contrary to the
conditions set out in the permit, or in a manner contrary to the
conditions set out in an order approving a { - wetlands - }
{ + wetland + } conservation plan, the director may:
(a) Investigate, hold hearings, make orders and take action, as
provided in ORS 196.600 to 196.905, as soon as possible.
(b) For the purpose of investigating conditions relating to
{ - such - } { + the + } removal or filling, through the
employees or the duly authorized representatives of the
Department of State Lands, enter at reasonable times upon any
private or public property.
(c) Conduct public hearings in accordance with ORS chapter 183.
(d) Publish findings and recommendations as they are developed
relative to public policies and procedures necessary for the
correction of conditions or violations of ORS 196.600 to 196.905.
(e) Give notice of any proposed order relating to a violation
by personal service or by mailing the notice by registered or
certified mail to the person or governmental body affected. Any
person aggrieved by a proposed order of the director may request
a hearing within 20 days of the date of personal service or
mailing of the notice. Hearings shall be conducted under the
provisions of ORS chapter 183 applicable to contested cases, and
judicial review of final orders shall be conducted in the Court
of Appeals according to ORS 183.482. If no hearing is requested
or if the party fails to appear, a final order shall be issued
upon a prima facie case on the record of the agency.
(f) Take appropriate action for the enforcement of any rules or
final orders. Any violation of ORS 196.600 to 196.905 or of any
rule or final order of the director under ORS 196.600 to 196.905
may be enjoined in civil abatement proceedings brought in the
name of the State of Oregon { + . + } { - ; and - } In any such
proceedings the director may seek and the court may award a sum
of money sufficient to compensate the public for any destruction
or infringement of any public right of navigation, fishery or
recreation resulting from { - such - } { + the + } violation.
Proceedings thus brought by the director shall set forth if
applicable the dates of notice and hearing and the specific rule
or order of the director, together with the facts of
noncompliance, the facts giving rise to the public nuisance, and
a statement of the damages to any public right of navigation,
fishery or recreation, if any, resulting from
{ - such - } { + the + } violation.
(2) { + (a) + } In addition to the administrative action the
director may take under subsection (1) of this section, the
director may enter an order requiring any person to cease and
desist from any violation if the director determines that
{ - such - } { + the + } violation presents an imminent and
substantial risk of injury, loss or damage to water resources.
{ - (a) - } { + (b) + } An order under this subsection:
(A) May be entered without prior notice or hearing.
(B) Shall be served upon the person by personal service or by
registered or certified mail.
(C) Shall state that a hearing will be held on the order if a
written request for hearing is filed by the person subject to the
order within 10 days after receipt of the order.
(D) { - Shall - } { + May + } not be stayed during the
pendency of a hearing conducted under paragraph { - (b) - }
{ + (c) + } of this subsection.
{ - (b) - } { + (c) + } If a person subject to an order
under this subsection files a timely demand for hearing, the
director shall hold a contested case hearing according to the
applicable provisions of ORS chapter 183. If the person fails to
request a hearing, the order shall be entered as a final order
upon prima facie case made on the record of the agency.
{ - (c) - } { + (d) + } Neither the director nor any duly
authorized representative of the department shall be liable for
any damages a person may sustain as a result of a cease and
desist order issued under this subsection.
{ - (d) - } { + (e) + } The state and local police shall
cooperate in the enforcement of any order issued under this
subsection and shall require no further authority or warrant in
executing or enforcing
{ - such - } { + the + } order. If any person fails to comply
with an order issued under this subsection, the circuit court of
the county in which the violation occurred or is threatened shall
compel compliance with the director's order in the same manner as
with an order of that court.
(3) As used in this section, 'violation' means removing
material from or placing fill in { - , - } any of the waters of
this state without a permit or in a manner contrary to the
conditions set out in a permit issued under ORS 196.825.
{ + NOTE: + } Standardizes terminology in (1) lead-in to
correspond with definition in 196.800; updates word and
punctuation choice in (1)(b) and (f), (2)(a), (b)(D) and (e) and
(3); restructures (2) to conform to legislative style.
SECTION 67. ORS 197.646 is amended to read:
197.646. (1) A local government shall amend its acknowledged
comprehensive plan, regional framework plan and land use
regulations implementing either plan by a self-initiated
post-acknowledgment process under ORS 197.610 to 197.625 to
comply with:
(a) A new statutory requirement; or
(b) A new land use planning goal or rule requirement adopted by
the Land Conservation and Development Commission.
(2) Periodic review is not the implementation process for new
statutory, land use planning goal or rule requirements.
(3)(a) The Department of Land Conservation and Development
shall notify local governments when a new statutory requirement
or a new land use planning goal or rule requirement adopted by
the commission requires changes to an acknowledged comprehensive
plan, { + a + } regional framework plan and land use
regulations implementing either plan.
(b) The commission shall establish, by rule, the time period
within which an acknowledged comprehensive plan, { + a + }
regional framework plan and land use regulations implementing
either plan must be in compliance with:
(A) A new statutory requirement, if the legislation does not
specify a time period for compliance; and
(B) A new land use planning goal or rule requirement adopted by
the commission.
(4) When a local government does not adopt amendments to a
comprehensive plan, { + a + } regional framework plan and land
use regulations implementing either plan as required by
subsection (1) of this section, the new statutory, land use
planning goal or rule requirements apply directly to the local
government's land use decisions. The failure to adopt amendments
to a comprehensive plan, { + a + } regional framework plan and
land use regulations implementing either plan required by
subsection (1) of this section is a basis for initiation of
enforcement action pursuant to ORS 197.319 to 197.335.
{ + NOTE: + } Supplies missing articles in (3) and (4).
SECTION 68. ORS 197.732 is amended to read:
197.732. { + (1) As used in this section:
(a) 'Compatible' is not intended as an absolute term meaning no
interference or adverse impacts of any type with adjacent uses.
(b) 'Exception' means a comprehensive plan provision, including
an amendment to an acknowledged comprehensive plan, that:
(A) Is applicable to specific properties or situations and does
not establish a planning or zoning policy of general
applicability;
(B) Does not comply with some or all goal requirements
applicable to the subject properties or situations; and
(C) Complies with standards under subsection (2) of this
section. + }
{ - (1) - } { + (2) + } A local government may adopt an
exception to a goal if:
(a) The land subject to the exception is physically developed
to the extent that it is no longer available for uses allowed by
the applicable goal;
(b) The land subject to the exception is irrevocably committed
as described by Land Conservation and Development Commission rule
to uses not allowed by the applicable goal because existing
adjacent uses and other relevant factors make uses allowed by the
applicable goal impracticable; or
(c) The following standards are met:
(A) Reasons justify why the state policy embodied in the
applicable goals should not apply;
(B) Areas { - which - } { + that + } do not require a new
exception cannot reasonably accommodate the use;
(C) The long term environmental, economic, social and energy
consequences resulting from the use at the proposed site with
measures designed to reduce adverse impacts are not significantly
more adverse than would typically result from the same proposal
being located in areas requiring a goal exception other than the
proposed site; and
(D) The proposed uses are compatible with other adjacent uses
or will be so rendered through measures designed to reduce
adverse impacts.
{ - (2) 'Compatible,' as used in subsection (1)(c) of this
section, is not intended as an absolute term meaning no
interference or adverse impacts of any type with adjacent
uses. - }
(3) The commission shall adopt rules establishing:
(a) That an exception may be adopted to allow a use authorized
by a statewide planning goal that cannot comply with the approval
standards for that type of use;
(b) Under what circumstances particular reasons may or may not
be used to justify an exception under subsection
{ - (1)(c)(A) - } { + (2)(c)(A) + } of this section; and
(c) Which uses allowed by the applicable goal must be found
impracticable under subsection { - (1) - } { + (2) + } of
this section.
(4) A local government approving or denying a proposed
exception shall set forth findings of fact and a statement of
reasons { - which - } { + that + } demonstrate that the
standards of subsection
{ - (1) - } { + (2) + } of this section have or have not been
met.
(5) Each notice of a public hearing on a proposed exception
shall specifically note that a goal exception is proposed and
shall summarize the issues in an understandable manner.
(6) Upon review of a decision approving or denying an
exception:
(a) The { - board - } { + Land Use Board of Appeals + } or
the commission shall be bound by any finding of fact for which
there is substantial evidence in the record of the local
government proceedings resulting in approval or denial of the
exception;
(b) The board upon petition, or the commission, shall determine
whether the local government's findings and reasons demonstrate
that the standards of subsection { - (1) - } { + (2) + } of
this section have or have not been met; and
(c) The board or commission shall adopt a clear statement of
reasons { - which - } { + that + } sets forth the basis for
the determination that the standards of subsection { - (1) - }
{ + (2) + }of this section have or have not been met.
(7) The commission shall by rule establish the standards
required to justify an exception to the definition of 'needed
housing' authorized by ORS 197.303 (3).
{ - (8) As used in this section, 'exception' means a
comprehensive plan provision, including an amendment to an
acknowledged comprehensive plan, that: - }
{ - (a) Is applicable to specific properties or situations
and does not establish a planning or zoning policy of general
applicability; - }
{ - (b) Does not comply with some or all goal requirements
applicable to the subject properties or situations; and - }
{ - (c) Complies with standards under subsection (1) of this
section. - }
{ - (9) - } { + (8) + } An exception acknowledged under ORS
197.251, 197.625 or 197.630 (1) (1981 Replacement Part) on or
before August 9, 1983, continues to be valid and is not
{ - be - } subject to this section.
{ + NOTE: + } Moves definitions to conform with legislative
style; adjusts internal references to reflect restructuring;
corrects word choice in (2)(c)(B), (4) and (6)(c); sets forth
official title in (6)(a); corrects syntax in (8).
SECTION 69. ORS 198.360 is amended to read:
198.360. (1) After the hearing, if the county board finds that
the district is in fact operating as an active district, or that
there is need for the district, the board shall continue the
hearing until the reports required under ORS 294.555 and 297.405
to 297.555 are properly filed. When the county board finds that
the reports have been filed, it may:
(a) Enter an order terminating all further proceedings under
ORS 198.345 to 198.365; or
(b) If the functions of the district could be performed by a
county service district, { - it may - } continue the hearing
and initiate proceedings to incorporate or annex the area within
the district in a county service district organized under ORS
451.410 to 451.610.
(2) If the county board proceeds as provided by subsection
(1)(b) of this section and the district is terminated as provided
by ORS 451.577, the county board shall thereafter enter an order
terminating all further proceedings under ORS 198.345 to 198.365.
{ + NOTE: + } Corrects read-in problem in (1)(b).
SECTION 70. ORS 209.200 is amended to read:
209.200. In the resurvey of lands surveyed under the authority
of the United States, the county surveyor or a registered
professional land surveyor shall observe the following rules:
(1) Section and quarter-section corners, and all other corners
established and approved by the General Land Office or its
successors, must stand as the legal and permanent corners.
(2) { - They - } { + A legal and permanent corner + } must
be reestablished at the identical spot where the original corner
was located by the government survey, when { - this - } { +
the identical spot + } can be determined.
(3) When { - this cannot be done, then such corners - }
{ + the identical spot cannot be determined, the legal and
permanent corner + } must be reestablished with reference to the
current United States Manual of Surveying Instructions.
{ + NOTE: + } Clarifies pronouns in (2) and (3).
SECTION 71. ORS 215.213 is amended to read:
215.213. (1) In counties that have adopted marginal lands
provisions under ORS 197.247 (1991 Edition), the following uses
may be established in any area zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
(e) A dwelling on real property used for farm use if the
dwelling is occupied by a relative of the farm operator or the
farm operator's spouse, which means a child, parent, stepparent,
grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator
does or will require the assistance of the relative in the
management of the farm use and the dwelling is located on the
same lot or parcel as the dwelling of the farm operator.
Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel
size requirements under ORS 215.780, if the owner of a dwelling
described in this paragraph obtains construction financing or
other financing secured by the dwelling and the secured party
forecloses on the dwelling, the secured party may also foreclose
on the homesite, as defined in ORS 308A.250, and the foreclosure
shall operate as a partition of the homesite to create a new
parcel.
(f) Nonresidential buildings customarily provided in
conjunction with farm use.
(g) Primary or accessory dwellings customarily provided in
conjunction with farm use. For a primary dwelling, the dwelling
must be on a lot or parcel that is managed as part of a farm
operation and is not smaller than the minimum lot size in a farm
zone with a minimum lot size acknowledged under ORS 197.251.
(h) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 { - (1)(a) or (b) - } { +
(2)(a) or (b) + }.
(i) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732
{ - (1)(a) or (b) - } { + (2)(a) or (b) + }.
(j) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
(k) One manufactured dwelling or recreational vehicle, or the
temporary residential use of an existing building, in conjunction
with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of the
resident. Within three months of the end of the hardship, the
manufactured dwelling or recreational vehicle shall be removed or
demolished or, in the case of an existing building, the building
shall be removed, demolished or returned to an allowed
nonresidential use. The governing body or its designee shall
provide for periodic review of the hardship claimed under this
paragraph. A temporary residence approved under this paragraph is
not eligible for replacement under paragraph (t) of this
subsection.
(L) The breeding, kenneling and training of greyhounds for
racing in any county with a population of more than 200,000 in
which there is located a greyhound racing track or in a county
with a population of more than 200,000 that is contiguous to such
a county.
(m) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(n) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
(o) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(p) Minor betterment of existing public road and highway
related facilities, such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(q) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
(r) Creation of, restoration of or enhancement of wetlands.
(s) A winery, as described in ORS 215.452.
(t) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement:
(i) Is removed, demolished or converted to an allowable
nonresidential use within three months of the completion of the
replacement dwelling. A replacement dwelling may be sited on any
part of the same lot or parcel. A dwelling established under this
paragraph shall comply with all applicable siting standards.
However, the standards shall not be applied in a manner that
prohibits the siting of the dwelling. If the dwelling to be
replaced is located on a portion of the lot or parcel not zoned
for exclusive farm use, the applicant, as a condition of
approval, shall execute and record in the deed records for the
county where the property is located a deed restriction
prohibiting the siting of a dwelling on that portion of the lot
or parcel. The restriction imposed shall be irrevocable unless a
statement of release is placed in the deed records for the
county. The release shall be signed by the county or its designee
and state that the provisions of this paragraph regarding
replacement dwellings have changed to allow the siting of another
dwelling. The county planning director or the director's designee
shall maintain a record of the lots and parcels that do not
qualify for the siting of a new dwelling under the provisions of
this paragraph, including a copy of the deed restrictions and
release statements filed under this paragraph; and
(ii) For which the applicant has requested a deferred
replacement permit, is removed or demolished within three months
after the deferred replacement permit is issued. A deferred
replacement permit allows construction of the replacement
dwelling at any time. If, however, the established dwelling is
not removed or demolished within three months after the deferred
replacement permit is issued, the permit becomes void. The
replacement dwelling must comply with applicable building codes,
plumbing codes, sanitation codes and other requirements relating
to health and safety or to siting at the time of construction. A
deferred replacement permit may not be transferred, by sale or
otherwise, except by the applicant to the spouse or a child of
the applicant.
(u) Farm stands if:
(A) The structures are designed and used for the sale of farm
crops or livestock grown on the farm operation, or grown on the
farm operation and other farm operations in the local
agricultural area, including the sale of retail incidental items
and fee-based activity to promote the sale of farm crops or
livestock sold at the farm stand if the annual sale of incidental
items and fees from promotional activity do not make up more than
25 percent of the total annual sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activity other than the sale of
farm crops or livestock and does not include structures for
banquets, public gatherings or public entertainment.
(v) An armed forces reserve center, if the center is within
one-half mile of a community college. For purposes of this
paragraph, 'armed forces reserve center' includes an armory or
National Guard support facility.
(w) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be
necessary. Buildings or facilities shall not be more than 500
square feet in floor area or placed on a permanent foundation
unless the building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface
or hard surface area unless the surface preexisted the use
approved under this paragraph. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
(x) A facility for the processing of farm crops located on a
farm operation that provides at least one-quarter of the farm
crops processed at the facility. The building established for the
processing facility shall not exceed 10,000 square feet of floor
area exclusive of the floor area designated for preparation,
storage or other farm use or devote more than 10,000 square feet
to the processing activities within another building supporting
farm uses. A processing facility shall comply with all applicable
siting standards but the standards shall not be applied in a
manner that prohibits the siting of the processing facility.
(y) Fire service facilities providing rural fire protection
services.
(z) Irrigation canals, delivery lines and those structures and
accessory operational facilities associated with a district as
defined in ORS 540.505.
(aa) Utility facility service lines. Utility facility service
lines are utility lines and accessory facilities or structures
that end at the point where the utility service is received by
the customer and that are located on one or more of the
following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has
been obtained; or
(C) The property to be served by the utility.
(bb) Subject to the issuance of a license, permit or other
approval by the Department of Environmental Quality under ORS
454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and as provided
in ORS 215.246 to 215.251, the land application of reclaimed
water, agricultural or industrial process water or biosolids for
agricultural, horticultural or silvicultural production, or for
irrigation in connection with a use allowed in an exclusive farm
use zone under this chapter.
(2) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), the following uses may be
established in any area zoned for exclusive farm use subject to
ORS 215.296:
(a) A primary dwelling in conjunction with farm use or the
propagation or harvesting of a forest product on a lot or parcel
that is managed as part of a farm operation or woodlot if the
farm operation or woodlot:
(A) Consists of 20 or more acres; and
(B) Is not smaller than the average farm or woodlot in the
county producing at least $2,500 in annual gross income from the
crops, livestock or forest products to be raised on the farm
operation or woodlot.
(b) A primary dwelling in conjunction with farm use or the
propagation or harvesting of a forest product on a lot or parcel
that is managed as part of a farm operation or woodlot smaller
than required under paragraph (a) of this subsection, if the lot
or parcel:
(A) Has produced at least $20,000 in annual gross farm income
in two consecutive calendar years out of the three calendar years
before the year in which the application for the dwelling was
made or is planted in perennials capable of producing upon
harvest an average of at least $20,000 in annual gross farm
income; or
(B) Is a woodlot capable of producing an average over the
growth cycle of $20,000 in gross annual income.
(c) Commercial activities that are in conjunction with farm use
but not including the processing of farm crops as described in
subsection (1)(x) of this section.
(d) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005, not
otherwise permitted under subsection (1)(h) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(e) Community centers owned by a governmental agency or a
nonprofit community organization and operated primarily by and
for residents of the local rural community, hunting and fishing
preserves, public and private parks, playgrounds and campgrounds.
Subject to the approval of the county governing body or its
designee, a private campground may provide yurts for overnight
camping. No more than one-third or a maximum of 10 campsites,
whichever is smaller, may include a yurt. The yurt shall be
located on the ground or on a wood floor with no permanent
foundation. Upon request of a county governing body, the Land
Conservation and Development Commission may provide by rule for
an increase in the number of yurts allowed on all or a portion of
the campgrounds in a county if the commission determines that the
increase will comply with the standards described in ORS 215.296
(1). A public park or campground may be established as provided
under ORS 195.120. As used in this paragraph, 'yurt' means a
round, domed shelter of cloth or canvas on a collapsible frame
with no plumbing, sewage disposal hookup or internal cooking
appliance.
(f) Golf courses.
(g) Commercial utility facilities for the purpose of generating
power for public use by sale.
(h) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities.
A personal-use airport as used in this section means an airstrip
restricted, except for aircraft emergencies, to use by the owner,
and, on an infrequent and occasional basis, by invited guests,
and by commercial aviation activities in connection with
agricultural operations. No aircraft may be based on a
personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted
under this definition may be granted through waiver action by the
Oregon Department of Aviation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable rules of
the Oregon Department of Aviation.
(i) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere
with accepted farming practices and is compatible with farm uses
described in ORS 215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These facilities are
intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means
the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(j) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit
has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(k) Dog kennels not described in subsection (1)(L) of this
section.
(L) Residential homes as defined in ORS 197.660, in existing
dwellings.
(m) The propagation, cultivation, maintenance and harvesting of
aquatic species that are not under the jurisdiction of the State
Fish and Wildlife Commission or insect species. Insect species
shall not include any species under quarantine by the State
Department of Agriculture or the United States Department of
Agriculture. The county shall provide notice of all applications
under this paragraph to the State Department of Agriculture.
Notice shall be provided in accordance with the county's land use
regulations but shall be mailed at least 20 calendar days prior
to any administrative decision or initial public hearing on the
application.
(n) Home occupations as provided in ORS 215.448.
(o) Transmission towers over 200 feet in height.
(p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(q) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(r) Improvement of public road and highway related facilities
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
(s) A destination resort that is approved consistent with the
requirements of any statewide planning goal relating to the
siting of a destination resort.
(t) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(u) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
the metropolitan urban growth boundary. As used in this
paragraph:
(A) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(B) 'Local historical society' means the local historical
society, recognized as such by the county governing body and
organized under ORS chapter 65.
(v) Operations for the extraction and bottling of water.
(w) An aerial fireworks display business that has been in
continuous operation at its current location within an exclusive
farm use zone since December 31, 1986, and possesses a
wholesaler's permit to sell or provide fireworks.
(x) A landscaping business, as defined in ORS 671.520, or a
business providing landscape architecture services, as described
in ORS 671.318, if the business is pursued in conjunction with
the growing and marketing of nursery stock on the land that
constitutes farm use.
(3) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), a single-family residential
dwelling not provided in conjunction with farm use may be
established on a lot or parcel with soils predominantly in
capability classes IV through VIII as determined by the
Agricultural Capability Classification System in use by the
United States Department of Agriculture Soil Conservation Service
on October 15, 1983. A proposed dwelling is subject to approval
of the governing body or its designee in any area zoned for
exclusive farm use upon written findings showing all of the
following:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use.
(b) The dwelling is situated upon generally unsuitable land for
the production of farm crops and livestock, considering the
terrain, adverse soil or land conditions, drainage and flooding,
location and size of the tract. A lot or parcel shall not be
considered unsuitable solely because of its size or location if
it can reasonably be put to farm use in conjunction with other
land.
(c) Complies with such other conditions as the governing body
or its designee considers necessary.
(4) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), one single-family dwelling, not
provided in conjunction with farm use, may be established in any
area zoned for exclusive farm use on a lot or parcel described in
subsection (7) of this section that is not larger than three
acres upon written findings showing:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use;
(b) If the lot or parcel is located within the Willamette River
Greenway, a floodplain or a geological hazard area, the dwelling
complies with conditions imposed by local ordinances relating
specifically to the Willamette River Greenway, floodplains or
geological hazard areas, whichever is applicable; and
(c) The dwelling complies with other conditions considered
necessary by the governing body or its designee.
(5) Upon receipt of an application for a permit under
subsection (4) of this section, the governing body shall notify:
(a) Owners of land that is within 250 feet of the lot or parcel
on which the dwelling will be established; and
(b) Persons who have requested notice of such applications and
who have paid a reasonable fee imposed by the county to cover the
cost of such notice.
(6) The notice required in subsection (5) of this section shall
specify that persons have 15 days following the date of postmark
of the notice to file a written objection on the grounds only
that the dwelling or activities associated with it would force a
significant change in or significantly increase the cost of
accepted farming practices on nearby lands devoted to farm use.
If no objection is received, the governing body or its designee
shall approve or disapprove the application. If an objection is
received, the governing body shall set the matter for hearing in
the manner prescribed in ORS 215.402 to 215.438. The governing
body may charge the reasonable costs of the notice required by
subsection (5)(a) of this section to the applicant for the permit
requested under subsection (4) of this section.
(7) Subsection (4) of this section applies to a lot or parcel
lawfully created between January 1, 1948, and July 1, 1983. For
the purposes of this section:
(a) Only one lot or parcel exists if:
(A) A lot or parcel described in this section is contiguous to
one or more lots or parcels described in this section; and
(B) On July 1, 1983, greater than possessory interests are held
in those contiguous lots, parcels or lots and parcels by the same
person, spouses or a single partnership or business entity,
separately or in tenancy in common.
(b) 'Contiguous' means lots, parcels or lots and parcels that
have a common boundary, including but not limited to, lots,
parcels or lots and parcels separated only by a public road.
(8) A person who sells or otherwise transfers real property in
an exclusive farm use zone may retain a life estate in a dwelling
on that property and in a tract of land under and around the
dwelling.
(9) No final approval of a nonfarm use under this section shall
be given unless any additional taxes imposed upon the change in
use have been paid.
(10) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm
use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.
{ + NOTE: + } Adjusts references in (1)(h) and (i) to
correspond with amendments to 197.732 by section 68.
SECTION 72. ORS 215.283 is amended to read:
215.283. (1) The following uses may be established in any area
zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, including
wetland waste treatment systems but not including commercial
facilities for the purpose of generating electrical power for
public use by sale or transmission towers over 200 feet in
height. A utility facility necessary for public service may be
established as provided in ORS 215.275.
(e) A dwelling on real property used for farm use if the
dwelling is occupied by a relative of the farm operator or the
farm operator's spouse, which means a child, parent, stepparent,
grandchild, grandparent, stepgrandparent, sibling, stepsibling,
niece, nephew or first cousin of either, if the farm operator
does or will require the assistance of the relative in the
management of the farm use and the dwelling is located on the
same lot or parcel as the dwelling of the farm operator.
Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel
size requirements under ORS 215.780, if the owner of a dwelling
described in this paragraph obtains construction financing or
other financing secured by the dwelling and the secured party
forecloses on the dwelling, the secured party may also foreclose
on the homesite, as defined in ORS 308A.250, and the foreclosure
shall operate as a partition of the homesite to create a new
parcel.
(f) Primary or accessory dwellings and other buildings
customarily provided in conjunction with farm use.
(g) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 { - (1)(a) or (b) - } { +
(2)(a) or (b) + }.
(h) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732
{ - (1)(a) or (b) - } { + (2)(a) or (b) + }.
(i) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
(j) The breeding, kenneling and training of greyhounds for
racing.
(k) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(L) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
(m) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(n) Minor betterment of existing public road and highway
related facilities such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(o) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
(p) Creation of, restoration of or enhancement of wetlands.
(q) A winery, as described in ORS 215.452.
(r) Farm stands if:
(A) The structures are designed and used for the sale of farm
crops or livestock grown on the farm operation, or grown on the
farm operation and other farm operations in the local
agricultural area, including the sale of retail incidental items
and fee-based activity to promote the sale of farm crops or
livestock sold at the farm stand if the annual sale of incidental
items and fees from promotional activity do not make up more than
25 percent of the total annual sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activity other than the sale of
farm crops or livestock and does not include structures for
banquets, public gatherings or public entertainment.
(s) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement:
(i) Is removed, demolished or converted to an allowable
nonresidential use within three months of the completion of the
replacement dwelling. A replacement dwelling may be sited on any
part of the same lot or parcel. A dwelling established under this
paragraph shall comply with all applicable siting standards.
However, the standards shall not be applied in a manner that
prohibits the siting of the dwelling. If the dwelling to be
replaced is located on a portion of the lot or parcel not zoned
for exclusive farm use, the applicant, as a condition of
approval, shall execute and record in the deed records for the
county where the property is located a deed restriction
prohibiting the siting of a dwelling on that portion of the lot
or parcel. The restriction imposed shall be irrevocable unless a
statement of release is placed in the deed records for the
county. The release shall be signed by the county or its designee
and state that the provisions of this paragraph regarding
replacement dwellings have changed to allow the siting of another
dwelling. The county planning director or the director's designee
shall maintain a record of the lots and parcels that do not
qualify for the siting of a new dwelling under the provisions of
this paragraph, including a copy of the deed restrictions and
release statements filed under this paragraph; and
(ii) For which the applicant has requested a deferred
replacement permit, is removed or demolished within three months
after the deferred replacement permit is issued. A deferred
replacement permit allows construction of the replacement
dwelling at any time. If, however, the established dwelling is
not removed or demolished within three months after the deferred
replacement permit is issued, the permit becomes void. The
replacement dwelling must comply with applicable building codes,
plumbing codes, sanitation codes and other requirements relating
to health and safety or to siting at the time of construction. A
deferred replacement permit may not be transferred, by sale or
otherwise, except by the applicant to the spouse or a child of
the applicant.
(t) A site for the takeoff and landing of model aircraft,
including such buildings or facilities as may reasonably be
necessary. Buildings or facilities shall not be more than 500
square feet in floor area or placed on a permanent foundation
unless the building or facility preexisted the use approved under
this paragraph. The site shall not include an aggregate surface
or hard surface area unless the surface preexisted the use
approved under this paragraph. As used in this paragraph, 'model
aircraft' means a small-scale version of an airplane, glider,
helicopter, dirigible or balloon that is used or intended to be
used for flight and is controlled by radio, lines or design by a
person on the ground.
(u) A facility for the processing of farm crops located on a
farm operation that provides at least one-quarter of the farm
crops processed at the facility. The building established for the
processing facility shall not exceed 10,000 square feet of floor
area exclusive of the floor area designated for preparation,
storage or other farm use or devote more than 10,000 square feet
to the processing activities within another building supporting
farm uses. A processing facility shall comply with all applicable
siting standards but the standards shall not be applied in a
manner that prohibits the siting of the processing facility.
(v) Fire service facilities providing rural fire protection
services.
(w) Irrigation canals, delivery lines and those structures and
accessory operational facilities associated with a district as
defined in ORS 540.505.
(x) Utility facility service lines. Utility facility service
lines are utility lines and accessory facilities or structures
that end at the point where the utility service is received by
the customer and that are located on one or more of the
following:
(A) A public right of way;
(B) Land immediately adjacent to a public right of way,
provided the written consent of all adjacent property owners has
been obtained; or
(C) The property to be served by the utility.
(y) Subject to the issuance of a license, permit or other
approval by the Department of Environmental Quality under ORS
454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in
compliance with rules adopted under ORS 468B.095, and as provided
in ORS 215.246 to 215.251, the land application of reclaimed
water, agricultural or industrial process water or biosolids for
agricultural, horticultural or silvicultural production, or for
irrigation in connection with a use allowed in an exclusive farm
use zone under this chapter.
(z) A county law enforcement facility that lawfully existed on
August 20, 2002, and is used to provide rural law enforcement
services primarily in rural areas, including parole and
post-prison supervision, but not including a correctional
facility as defined under ORS 162.135.
(2) The following nonfarm uses may be established, subject to
the approval of the governing body or its designee in any area
zoned for exclusive farm use subject to ORS 215.296:
(a) Commercial activities that are in conjunction with farm use
but not including the processing of farm crops as described in
subsection (1)(u) of this section.
(b) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005 not
otherwise permitted under subsection (1)(g) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(c) Private parks, playgrounds, hunting and fishing preserves
and campgrounds. Subject to the approval of the county governing
body or its designee, a private campground may provide yurts for
overnight camping. No more than one-third or a maximum of 10
campsites, whichever is smaller, may include a yurt. The yurt
shall be located on the ground or on a wood floor with no
permanent foundation. Upon request of a county governing body,
the Land Conservation and Development Commission may provide by
rule for an increase in the number of yurts allowed on all or a
portion of the campgrounds in a county if the commission
determines that the increase will comply with the standards
described in ORS 215.296 (1). As used in this paragraph, 'yurt'
means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hookup or internal
cooking appliance.
(d) Parks and playgrounds. A public park may be established
consistent with the provisions of ORS 195.120.
(e) Community centers owned by a governmental agency or a
nonprofit community organization and operated primarily by and
for residents of the local rural community. A community center
authorized under this paragraph may provide services to veterans,
including but not limited to emergency and transitional shelter,
preparation and service of meals, vocational and educational
counseling and referral to local, state or federal agencies
providing medical, mental health, disability income replacement
and substance abuse services, only in a facility that is in
existence on January 1, 2006. The services may not include direct
delivery of medical, mental health, disability income replacement
or substance abuse services.
(f) Golf courses.
(g) Commercial utility facilities for the purpose of generating
power for public use by sale.
(h) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities.
A personal-use airport, as used in this section, means an
airstrip restricted, except for aircraft emergencies, to use by
the owner, and, on an infrequent and occasional basis, by invited
guests, and by commercial aviation activities in connection with
agricultural operations. No aircraft may be based on a
personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted
under this definition may be granted through waiver action by the
Oregon Department of Aviation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable rules of
the Oregon Department of Aviation.
(i) Home occupations as provided in ORS 215.448.
(j) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere
with accepted farming practices and is compatible with farm uses
described in ORS 215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These facilities are
intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means
the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(k) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit
has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(L) One manufactured dwelling or recreational vehicle, or the
temporary residential use of an existing building, in conjunction
with an existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of the
resident. Within three months of the end of the hardship, the
manufactured dwelling or recreational vehicle shall be removed or
demolished or, in the case of an existing building, the building
shall be removed, demolished or returned to an allowed
nonresidential use. The governing body or its designee shall
provide for periodic review of the hardship claimed under this
paragraph. A temporary residence approved under this paragraph is
not eligible for replacement under subsection (1)(s) of this
section.
(m) Transmission towers over 200 feet in height.
(n) Dog kennels not described in subsection (1)(j) of this
section.
(o) Residential homes as defined in ORS 197.660, in existing
dwellings.
(p) The propagation, cultivation, maintenance and harvesting of
aquatic species that are not under the jurisdiction of the State
Fish and Wildlife Commission or insect species. Insect species
shall not include any species under quarantine by the State
Department of Agriculture or the United States Department of
Agriculture. The county shall provide notice of all applications
under this paragraph to the State Department of Agriculture.
Notice shall be provided in accordance with the county's land use
regulations but shall be mailed at least 20 calendar days prior
to any administrative decision or initial public hearing on the
application.
(q) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(r) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(s) Improvement of public road and highway related facilities,
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
(t) A destination resort that is approved consistent with the
requirements of any statewide planning goal relating to the
siting of a destination resort.
(u) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(v) Operations for the extraction and bottling of water.
(w) Expansion of existing county fairgrounds and activities
directly relating to county fairgrounds governed by county fair
boards established pursuant to ORS 565.210.
(x) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
an urban growth boundary. As used in this paragraph:
(A) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(B) 'Local historical society' means the local historical
society recognized by the county governing body and organized
under ORS chapter 65.
(y) An aerial fireworks display business that has been in
continuous operation at its current location within an exclusive
farm use zone since December 31, 1986, and possesses a
wholesaler's permit to sell or provide fireworks.
(z) A landscaping business, as defined in ORS 671.520, or a
business providing landscape architecture services, as described
in ORS 671.318, if the business is pursued in conjunction with
the growing and marketing of nursery stock on the land that
constitutes farm use.
(3) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designee, in areas zoned for exclusive farm
use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.
{ + NOTE: + } Adjusts references in (1)(g) and (h) to
correspond with amendments to 197.732 by section 68.
SECTION 73. ORS 215.455 is amended to read:
215.455. Any winery approved under ORS 215.213, 215.283,
215.284 and 215.452 { - shall not be - } { + is not + } a
basis for an exception under ORS 197.732 { - (1)(a) or (b) - }
{ + (2)(a) or (b) + }.
{ + NOTE: + } Updates syntax; adjusts reference to correspond
with amendments to 197.732 by section 68.
SECTION 74. ORS 236.350 is amended to read:
236.350. As used in ORS 236.350 to 236.370:
{ - (1) 'Police officer' means an officer or member of a law
enforcement unit who is employed full-time as a peace officer
commissioned by a city, port, school district, mass transit
district, county, Indian reservation, the Criminal Justice
Division of the Department of Justice, the Oregon State Lottery
Commission or the Governor and who is responsible for enforcing
the criminal laws of this state or laws or ordinances relating to
airport security. - }
{ - (2) - } { + (1) + } 'Disciplinary action' means any
action taken against a police officer by a public employer for
the purpose of punishing the officer, including dismissal,
demotion, suspension without pay, reduction in salary, written
reprimand or transfer.
{ - (3) - } { + (2) + } 'Just cause' means a cause
reasonably related to the employee's ability to perform required
work. The term includes any willful violation of reasonable work
rules, regulations or written policies.
{ + (3) 'Police officer' means an officer or member of a law
enforcement unit who is employed full-time as a peace officer
commissioned by a city, port, school district, mass transit
district, county, Indian reservation, the Criminal Justice
Division of the Department of Justice, the Oregon State Lottery
Commission or the Governor and who is responsible for enforcing
the criminal laws of this state or laws or ordinances relating to
airport security. + }
{ + NOTE: + } Alphabetizes definitions.
SECTION 75. ORS 238A.400 is amended to read:
238A.400. (1) Upon retirement on or after the earliest
retirement date, as described in ORS 238A.165, a member of the
individual account program shall receive in a lump sum the
amounts in the member's employee account, rollover account and
employer account to the extent the member is vested in those
accounts under ORS 238A.320.
(2) In lieu of a lump sum payment under subsection (1) of this
section, a member of the individual account program may elect to
receive the amounts in the member's employee account and employer
account, to the extent the member is vested in those accounts
under ORS 238A.320, in substantially equal installments paid over
a period of 5, 10, 15 or 20 years. Installments may be made on a
monthly, quarterly or annual basis. In no event may the period
selected by the member exceed the time allowed by the minimum
distribution requirements described in subsection { - (4) - }
{ + (5) + } of this section. The Public Employees Retirement
Board shall by rule establish the manner in which installments
will be adjusted to reflect investment gains and losses on the
unpaid balance during the payout period elected by the member
under this subsection. The board by rule may establish minimum
monthly amounts payable under this subsection. The board may
require that a lump sum payment, or an installment schedule
different than the schedules provided for in this subsection, be
used to pay the vested amounts in the member's accounts if those
amounts are not adequate to generate the minimum monthly amounts
specified by the rule.
(3) A member of the individual account program electing to
receive installments under subsection (2) of this section must
designate a beneficiary or beneficiaries. In the event the member
dies before all amounts in the employee and vested employer
accounts are paid, all remaining installment payments shall be
made to the beneficiary or beneficiaries designated by the
member. A beneficiary may elect to receive a lump sum
distribution of the remaining amounts.
(4) A member who is entitled to receive retirement benefits
under ORS chapter 238 may receive vested amounts in the member's
employee account, rollover account and employer account in the
manner provided by this section when the member retires for
service under the provisions of ORS chapter 238.
(5) Notwithstanding any other provision of ORS 238A.300 to
238A.415, the entire interest of a member of the individual
account program must be distributed over a time period commencing
no later than the latest retirement date set forth in ORS
238A.170, and must be distributed in a manner that satisfies all
other minimum distribution requirements of 26 U.S.C. 401(a)(9)
and regulations implementing that section, as in effect on August
29, 2003. The board shall adopt rules implementing those minimum
distribution requirements.
{ + NOTE: + } Corrects internal reference in (2) to reflect
amendments by section 10, chapter 152, Oregon Laws 2005.
SECTION 76. ORS 243.800 is amended to read:
243.800. (1) Notwithstanding any provision of ORS chapter 238
or 238A or ORS 243.910 to 243.945, the State Board of Higher
Education shall establish and administer an Optional Retirement
Plan for administrative and academic employees of the Oregon
University System who are eligible for membership in the Public
Employees Retirement System. The Optional Retirement Plan must be
a qualified plan under the Internal Revenue Code, capable of
accepting funds transferred under subsection (7) of this section
without the transfer being treated as a taxable event under the
Internal Revenue Code, and willing to accept those funds.
Retirement and death benefits shall be provided under the plan by
the purchase of annuity contracts, fixed or variable or a
combination thereof, or by contracts for investments in mutual
funds.
(2) The State Board of Higher Education shall select at least
two life insurance companies providing fixed and variable
annuities and at least two investment companies providing mutual
funds, but not more than five companies in total, for the purpose
of providing benefits under the Optional Retirement Plan. The
State Board of Higher Education shall establish selection
criteria for the purpose of this subsection.
(3) An administrative or academic employee may make an
irrevocable election to participate in the Optional Retirement
Plan within six months after being employed. An election under
this subsection is effective on the first day of the month
following six full months of employment.
(4) An administrative or academic employee who does not elect
to participate in the Optional Retirement Plan:
(a) Remains or becomes a member of the Public Employees
Retirement System in accordance with ORS chapters 238 and 238A;
or
(b) Continues to be assisted by the State Board of Higher
Education under ORS 243.920 if the employee is being so assisted.
(5) Except as provided in subsection (6) of this section,
employees who elect to participate in the Optional Retirement
Plan are ineligible for active membership in the Public Employees
Retirement System or for any assistance by the State Board of
Higher Education under ORS 243.920 as long as those employees are
employed in the Oregon University System and the plan is in
effect.
(6)(a) An administrative or academic employee who elects to
participate in the Optional Retirement Plan, who has creditable
service under ORS chapter 238 as defined by ORS 238.005 and who
is not vested shall be considered by the Public Employees
Retirement Board to be a terminated member under the provisions
of ORS 238.095 as of the effective date of the election, and the
amount credited to the member account of the member shall be
transferred directly to the Optional Retirement Plan by the
Public Employees Retirement Board in the manner provided by
subsection (7) of this section.
(b) An administrative or academic employee who elects to
participate in the Optional Retirement Plan, who has creditable
service under ORS chapter 238 as defined by ORS 238.005 and who
is vested shall be considered to be an inactive member by the
Public Employees Retirement Board and shall retain all the
rights, privileges and options under ORS chapter 238 unless the
employee makes a written request to the Public Employees
Retirement Board for a transfer of the amounts credited to the
member account of the member to the Optional Retirement Plan. A
request for a transfer must be made at the time the member elects
to participate in the Optional Retirement Plan. Upon receiving
the request, the Public Employees Retirement Board shall transfer
all amounts credited to the member account of the member directly
to the Optional Retirement Plan, and shall terminate all rights,
privileges and options of the employee under ORS chapter 238.
(c) An administrative or academic employee who elects to
participate in the Optional Retirement Plan, and who is not a
vested member of the pension program of the Oregon Public Service
Retirement Plan as described in ORS 238A.115 on the date that the
election becomes effective, shall be considered to be a
terminated member of the pension program by the Public Employees
Retirement Board as of the effective date of the election.
(d) An administrative or academic employee who elects to
participate in the Optional Retirement Plan, and who is a vested
member of the pension program of the Oregon Public Service
Retirement Plan as described in ORS 238A.115 on the date that the
election becomes effective, shall be considered an inactive
member of the pension program by the Public Employees Retirement
Board as of the effective date of the election. An employee who
is subject to the provisions of this paragraph retains all the
rights, privileges and options of an inactive member of the
pension program. If the actuarial equivalent of the employee's
benefit under the pension program at the time that the election
becomes effective is $5,000 or less, the employee may make a
written request to the Public Employees Retirement Board for a
transfer of the employee's interest under the pension program to
the Optional Retirement Plan. The request must be made at the
time the member elects to participate in the Optional Retirement
Plan. Upon receiving the request, the Public Employees Retirement
Board shall transfer the amount determined to be the actuarial
equivalent of the employee's benefit under the pension program
directly to the Optional Retirement Plan, and shall terminate the
membership of the employee in the pension program.
(e) An administrative or academic employee who elects to
participate in the Optional Retirement Plan, and who is a vested
member of the individual account program of the Oregon Public
Service Retirement Plan as described in ORS 238A.320 on the date
that the election becomes effective, shall be considered an
inactive member of the individual account program by the Public
Employees Retirement Board as of the effective date of the
election. An employee who is subject to the provisions of this
paragraph retains all the rights, privileges and options of an
inactive member of the individual account program. An
administrative or academic employee who elects to participate in
the Optional Retirement Plan, and who is a member of the
individual account program of the Oregon Public Service
Retirement Plan, may make a written request to the Public
Employees Retirement Board that all amounts in the member's
employee account, rollover account and employer account, to the
extent the member is vested in those accounts under ORS 238A.320,
be transferred to the Optional Retirement Plan. The request must
be made at the time the member elects to participate in the
Optional Retirement Plan. Upon receiving the request, the Public
Employees Retirement Board shall transfer the amounts directly to
the Optional Retirement Plan, and shall terminate the membership
of the employee in the individual account program upon making the
transfer.
(f) Notwithstanding paragraphs (b), (d) and (e) of this
subsection, the Public Employees Retirement Board { - shall - }
{ + may + } not treat any employee as an inactive member under
the provisions of this subsection for the purpose of receiving
any benefit under ORS chapter 238 or 238A that requires that the
employee be separated from all service with participating public
employers and with employers who are treated as part of a
participating public employer's controlled group under the
federal laws and rules governing the status of the system and the
Public Employees Retirement Fund as a qualified governmental
retirement plan and trust.
(7) Any amounts transferred from the Public Employees
Retirement Fund under subsection (6) of this section shall be
transferred directly to the Optional Retirement Plan by the
Public Employees Retirement Board and { - shall - } { +
may + } not be made available to the employee.
(8) An employee participating in the Optional Retirement Plan
shall contribute monthly an amount equal to the percentage of the
employee's salary that the employee would otherwise have
contributed as an employee contribution to the Public Employees
Retirement System if the employee had not elected to participate
in the Optional Retirement Plan.
(9) The State Board of Higher Education shall contribute
monthly to the Optional Retirement Plan the percentage of salary
of each employee participating in the plan equal to the
percentage of salary that would otherwise have been contributed
as an employer contribution on behalf of the employee to the
Public Employees Retirement System, before any offset under ORS
{ - 238.225 (9) - } { + 238.229 (2) + }, if the employee had
not elected to participate in the Optional Retirement Plan.
(10) Both employee and employer contributions to an Optional
Retirement Plan shall be remitted directly to the companies that
have issued annuity contracts to the participating employees or
directly to the mutual funds.
(11) Benefits under the Optional Retirement Plan are payable to
employees who elect to participate in the plan and their
beneficiaries by the selected annuity provider or mutual fund in
accordance with the terms of the annuity contracts or the terms
of the contract with the mutual fund. Employees electing to
participate in the plan agree that benefits payable under the
plan are not obligations of the State of Oregon or of the Public
Employees Retirement System.
(12) The percentage of salary contributed by the State Board of
Higher Education under subsection (9) of this section on behalf
of an employee is not affected by reason of the employee having a
break in service, as described by ORS 238A.025.
{ + NOTE: + } Updates word choice in (6)(f) and (7); replaces
reference to deleted subsection in (9) with comparable active
law.
SECTION 77. ORS 246.565 is amended to read:
246.565. (1) Any voting machine or vote tally system involving
the use of computers, a computer network, computer program,
computer software or computer system shall be subject to audit by
the Secretary of State at any time for the purpose of checking
the accuracy of the voting machine or vote tally system.
(2) The county clerk shall obtain a copy of the written
instructions for the operation and maintenance of any component
of a vote tally system described in subsection (1) of this
section. The clerk shall obtain the copy from the manufacturer
or vendor of any component and shall retain the copy.
(3) The county clerk shall keep a log of all maintenance
performed on any component of a vote tally system after the
component is purchased and installed. The county clerk shall
distinguish maintenance performed during the period that occurs
after the preparatory test conducted under ORS 254.235 (1) and
before the public certification test conducted under ORS 254.525
{ - (4) - } .
(4) As used in this section:
(a) 'Computer' means, but is not limited to, an electronic
device { - which - } { + that + } performs logical,
arithmetic or memory functions by the manipulations of electronic
or magnetic impulses and includes all input, output, processing,
storage, software or communication facilities { - which - }
{ + that + } are connected or related to such a device in a
system or network.
(b) 'Computer network' means, but is not limited to, the
interconnection of communication lines, including microwave or
other means of electronic communication, with a computer through
remote terminals or a complex consisting of two or more
interconnected computers.
(c) 'Computer program' means, but is not limited to, a series
of instructions or statements, in a form acceptable to a
computer, { - which - } { + that + } permits the functioning
of a computer system in a manner designed to provide appropriate
products from
{ - such - } { + the + } computer system.
(d) 'Computer software' means, but is not limited to, computer
programs, procedures and associated documentation concerned with
the operation of a computer system.
(e) 'Computer system' means, but is not limited to, a set of
related, connected or unconnected computer equipment, devices and
software.
{ + NOTE: + } Deletes erroneous subsection reference in (3);
updates word choice in (4)(a) and (c).
SECTION 78. ORS 254.470 is amended to read:
254.470. (1) An election by mail shall be conducted as provided
in this section. The Secretary of State may adopt rules governing
the procedures for conducting an election by mail.
(2) The Secretary of State by rule shall establish requirements
and criteria for the designation of places of deposit for the
ballots cast in the election. The rules shall also specify the
dates and times the places of deposit must be open and the
security requirements for the places of deposit. At a minimum,
the places designated under this section shall be open on the
date of the election for a period of eight or more hours, but
must be open until at least 8 p.m. At each place of deposit
designated under this section, the county clerk shall prominently
display a sign stating that the location is an official ballot
drop site.
(3)(a) Except as provided in paragraphs (b), (c) and (d) of
this subsection, the county clerk shall mail by nonforwardable
mail an official ballot with a return identification envelope and
a secrecy envelope not sooner than the 18th day before the date
of an election conducted by mail and not later than the 14th day
before the date of the election, to each active elector of the
electoral district as of the 21st day before the date of the
election.
(b) Notwithstanding paragraph (a) of this subsection, if the
county clerk determines that an active elector of the electoral
district as of the 21st day before the date of the election does
not receive daily mail service from the United States Postal
Service, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a
secrecy envelope to the elector not sooner than the 20th day
before the date of an election conducted by mail and not later
than the 18th day before the date of the election.
(c) Notwithstanding paragraph (a) of this subsection, the
Secretary of State by rule shall specify the date on which all
ballots shall be mailed for any state election conducted by mail
under ORS 254.465 (2).
(d) Notwithstanding paragraph (a) of this subsection, in the
case of ballots to be mailed to addresses outside this state to
electors who are not long-term absent electors, the county clerk
may mail the ballots not sooner than the 29th day before the date
of the election.
(4) For an election held on the date of a primary election:
(a) The county clerk shall mail the official ballot of a major
political party to each elector who is registered as being
affiliated with the major political party as of the 21st day
before the date of the election.
(b) The county clerk shall mail the official ballot of a major
political party to an elector not affiliated with any political
party if the elector has applied for the ballot as provided in
this subsection and that party has provided under ORS 254.365 for
a primary election that admits electors not affiliated with any
political party.
(c) An elector not affiliated with any political party who
wishes to vote in the primary election of a major political party
shall apply to the county clerk in writing. The application shall
indicate which major political party ballot the elector wishes to
receive. Except for electors described in subsection (5) of this
section, and subject to ORS 247.203, the application must be
received by the county clerk not later than 5 p.m. of the 21st
day before the date of the election.
(d) If the primary election ballot includes city, county or
nonpartisan offices or measures, an elector not eligible to vote
for party candidates shall be mailed a ballot limited to those
offices and measures for which the elector is eligible to vote.
(5) For each elector who updates a voter registration after the
deadline in ORS 247.025, the county clerk shall make the official
ballot, the return identification envelope and the secrecy
envelope available either by mail or at the county clerk's office
or at another place designated by the county clerk. An elector to
whom this subsection applies must request a ballot from the
county clerk.
(6) The ballot or ballot label shall contain the following
warning:
_________________________________________________________________
Any person who, by use of force or other means, unduly
influences an elector to vote in any particular manner or to
refrain from voting is subject to a fine.
_________________________________________________________________
(7) Upon receipt of any ballot described in this section, the
elector shall mark the ballot, sign the return identification
envelope supplied with the ballot and comply with the
instructions provided with the ballot. The elector may return the
marked ballot to the county clerk by United States mail or by
depositing the ballot at the office of the county clerk, at any
place of deposit designated by the county clerk or at any
location described in ORS 254.472 or 254.474. The ballot must be
returned in the return identification envelope. If the elector
returns the ballot by mail, the elector must provide the postage.
A ballot must be received at the office of the county clerk,
{ + at + } the designated place of deposit or at any location
described in ORS 254.472 or 254.474 not later than the end of the
period determined under subsection (2) of this section on the
date of the election.
(8) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector.
Replacement ballots shall be issued and processed as described in
this section and ORS 254.480. The county clerk shall keep a
record of each replacement ballot provided under this subsection.
Notwithstanding any deadline for mailing ballots in subsection
(3)
{ - or (4) - } of this section, a replacement ballot may be
mailed, made available in the office of the county clerk or made
available at one central location in the electoral district in
which the election is conducted. The county clerk shall designate
the central location. A replacement ballot need not be mailed
after the fifth day before the date of the election.
(9) A ballot shall be counted only if:
(a) It is returned in the return identification envelope;
(b) The envelope is signed by the elector to whom the ballot is
issued; and
(c) The signature is verified as provided in subsection (10) of
this section.
(10) The county clerk shall verify the signature of each
elector on the return identification envelope with the signature
on the elector's registration card, according to the procedure
provided by rules adopted by the Secretary of State. If the
county clerk determines that an elector to whom a replacement
ballot has been issued has voted more than once, the county clerk
shall count only one ballot cast by that elector.
(11) At 8 p.m. on election day, electors who are at the county
clerk's office, a site designated under subsection (2) of this
section or any location described in ORS 254.472 or 254.474 and
who are in line waiting to vote or deposit a voted ballot shall
be considered to have begun the act of voting.
{ + NOTE: + } Corrects syntax in (7); deletes erroneous
internal reference in (8).
SECTION 79. ORS 260.007 is amended to read:
260.007. As used in this chapter, 'contribute, ' '
contribution,' 'expend' or 'expenditure' does not include:
(1) Any written news story, commentary or editorial distributed
through the facilities of any broadcasting station, newspaper,
magazine or other regularly published publication, unless a
political committee owns the facility { - ; - } { + . + }
(2) An individual's use of the individual's own personal
residence, including a community room associated with the
individual's residence, to conduct a reception for a candidate or
political committee { - , - } and the individual's cost of
invitations, food and beverages provided at the reception
{ - ; - } { + . + }
(3) A vendor's sale of food and beverages for use in a
candidate's or political committee's campaign at a charge less
than the normal comparable charge, if the charge is at least
equal to the cost of the food or beverages to the vendor
{ - ; - } { + . + }
(4) Any unreimbursed payment for travel expenses an individual,
including a candidate, makes on behalf of a candidate or
political committee { - ; - } { + . + }
(5) Any loan of money made by a financial institution as
defined in ORS 706.008, other than any overdraft made with
respect to a checking or savings account, if the loan bears the
usual and customary interest rate for the category of loan
involved, is made on a basis that { - assures - } { +
ensures + } repayment, is evidenced by a written instrument and
is subject to a due date or amortization schedule. However, each
indorser or guarantor of the loan shall be considered to have
contributed that portion of the total amount of the loan for
which that person agreed to be liable in a written agreement,
except if the indorser or guarantor is the candidate's spouse
{ - ; - } { + . + }
(6) Nonpartisan activity designed to encourage individuals to
vote or to register to vote { - ; - } { + . + }
(7) Any communication a membership organization or corporation
makes to its members, shareholders or employees if the membership
organization or corporation is not organized primarily for the
purpose of influencing an election { - ; - } { + . + }
(8) The payment of compensation for legal and accounting
services rendered to a candidate or political committee if the
person paying for the services is the regular employer of the
individual rendering the services and the services are solely for
the purpose of { - insuring - } { + ensuring + } compliance
with the provisions of this chapter { - ; and - } { + . + }
(9) The payment by a state or local committee of a political
party of the costs of preparation, display or mailing or other
distribution incurred by the committee with respect to a printed
slate card or sample ballot, or other printed listing, of three
or more candidates for any public office for which an election is
held in this state. This subsection does not apply to costs
incurred by the committee with respect to a display of any such
listing made on broadcasting stations or in newspapers, magazines
or similar types of general public political advertising.
{ + NOTE: + } Adjusts punctuation to account for intervening
periods; strikes errant comma in (2); corrects word choice in (5)
and (8).
SECTION 80. ORS 267.090 is amended to read:
267.090. Except as provided in ORS 267.112:
(1) { - District - } Board members { - shall - } { + of
a mass transit district may + } not be elected at the time of
formation, but if a district is formed, the Governor shall,
within 60 days after receiving a certified copy of the formation
order, appoint from subdistricts the members of the first board
of directors of the district, designate one { + member as + }
the temporary chairperson { - , - } and fix the time and place
of the organizational meeting. { - If the district has formed
before October 4, 1977, the Governor, within 60 days after
October 4, 1977, shall appoint from subdistricts a new board of
directors, designate one as temporary chairperson, and fix the
time and place of the organizational meeting. - }
(2) The board of directors of a mass transit district shall
consist of seven members. One director shall be appointed from
each of seven subdistricts. The Governor shall appoint as one of
the directors a person who regularly uses the services provided
by a mass transit system. Directors shall reside in the
subdistrict from which they are respectively appointed. The
subdistricts shall be as nearly equal in population as possible
based on the latest federal census { - , - } and shall be
designed to { - assure - } { + ensure + } representation of
the most populous city, other cities and unincorporated territory
in the proposed district proportionate to their respective
populations provided that if less than the entire district is
taxed by the district, the subdistricts shall be wholly within
the taxed area. The district or, if the taxed area is less than
the entire district, the taxed area shall be divided into
subdistricts initially, and after each succeeding federal census,
by the Secretary of State.
(3) The term of office of a director is four years, but each
director shall serve at the pleasure of the Governor. Before the
expiration of the term of a director, the director's successor
shall be appointed. A director is eligible for reappointment. In
case of a vacancy for any cause, the Governor shall appoint a
person to serve for the unexpired term. A director whose term has
expired shall continue to serve until the appointment of a
successor unless discharged by the Governor.
(4) All appointments of members of the board by the Governor
are subject to confirmation by the Senate pursuant to section 4,
Article III of the Oregon Constitution.
{ + NOTE: + } Corrects syntax and deletes outdated provisions
in (1); corrects word choice and punctuation in (2).
SECTION 81. 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;
(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:
(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 under
ORS 279.835 to 279.855.
{ + NOTE: + } Deletes reference to repealed statute in
(3)(e). See section 58.
SECTION 82. ORS 280.070 is amended to read:
280.070. (1) An election within a county for the purpose of
approving a tax levy or tax rate under ORS 280.060 shall be
called by the county court or board of county commissioners and
shall be held on a date specified in ORS 203.085.
(2) An election within a city for the purpose of approving a
tax levy or tax rate under ORS 280.060 or under section 11
(3)(c), Article XI of the Oregon Constitution, shall be called by
the governing body of the city and held on a date specified in
ORS 221.230.
(3) An election within a political subdivision other than a
county or city for the purpose of approving a tax levy or tax
rate under ORS 280.060 or under section 11 (3)(c), Article XI of
the Oregon Constitution, shall be called by the governing body of
the subdivision and held on a date specified in ORS 255.345.
(4)(a) The ballot title for a measure authorizing the
imposition of local option taxes shall contain the following
additional statement:
_________________________________________________________________
This measure may cause property taxes to increase more than
three percent.
_________________________________________________________________
(b) The { - statements - } { + statement + } required by
this subsection
{ - shall - } { + may + } not be considered for purposes of
the word count limitations under ORS 250.035.
(c) The { - statements - } { + statement + } required by
this subsection shall be placed after the question on the ballot
title.
(5) As part of the question, the ballot title for a measure
authorizing the imposition of local option taxes shall state:
(a) The length in years of the period during which the proposed
local option tax will be imposed.
(b) The first fiscal year in which the proposed local option
tax will be imposed.
(6) As part of the question, the ballot title for a measure
authorizing the establishment of a permanent rate limitation
shall contain the following information:
(a) The tax rate per $1,000 of assessed value of the proposed
permanent rate limitation.
(b) The first fiscal year in which the proposed permanent rate
limitation will be imposed.
(7) The ballot title for a measure authorizing the imposition
of local option taxes or a permanent rate limitation shall be in
compliance with ORS 250.036.
{ + NOTE: + } Changes term from plural to singular to reflect
removal of additional statement by section 22, chapter 632,
Oregon Laws 1999, and updates word choice in (4).
SECTION 83. ORS 283.305 is amended to read:
283.305. As used in ORS 283.305 to 283.350:
{ + (1) 'Alternative fuel' means natural gas, liquified
petroleum gas, methanol, ethanol, any fuel mixture containing at
least 85 percent methanol or ethanol and electricity. + }
{ - (1) - } { + (2) + } 'Authorized driver' means any of
the following who has a valid driver license and an acceptable
driving record:
(a) A salaried state employee, including an agent of the state;
(b) A volunteer, appointed in writing, whose written
description of duties includes driving motor vehicles;
(c) An agency client required to drive motor vehicles as part
of a rehabilitation or treatment program authorized by law;
(d) Any personnel of any unit of government whose use of motor
vehicles is permitted by an authorized intergovernmental
agreement;
(e) Any student enrolled at any state institution of higher
education and whose use of motor vehicles meets the requirements
of ORS 283.310; and
(f) An inmate of a correctional institution with specific
Department of Corrections approval who is accompanied by a
supervising correctional institution employee or who is
performing a specific work assignment driving a special purpose
vehicle required for that assignment and within the visual range
of a supervising correctional institution employee who is at the
work assignment site or who is part of the transport caravan.
{ - (2) 'Alternative fuel' means natural gas, liquefied
petroleum gas, methanol, ethanol, any fuel mixture containing at
least 85 percent methanol or ethanol and electricity. - }
(3) 'Motor vehicles' includes state-owned, leased or otherwise
controlled motor vehicles and the supplies, parts and equipment
for the operation, maintenance or repair of such motor vehicles.
(4) 'Official state business' means activity conducted by a
state agency that advances the lawful policies of the agency as
specified by the Oregon Department of Administrative Services by
rule.
(5) 'Standard passenger vehicle' means a motor vehicle that is
commonly known as a sedan or a station wagon and that is not
equipped with special or unusual equipment.
(6) 'State agency' or 'agency' includes the Legislative
Assembly, at its option, or any of its statutory, standing,
special or interim committees, at the option of such committee.
{ + NOTE: + } Alphabetizes definitions.
SECTION 84. ORS 285C.050 is amended to read:
285C.050. As used in ORS 285C.050 to 285C.250, unless the
context requires otherwise:
(1) 'Assessment date' and 'assessment year' have the meanings
given those terms in ORS 308.007.
(2) 'Authorized business firm' means an eligible business firm
that has been authorized under ORS 285C.140.
(3) 'Business firm' means a person operating or conducting one
or more trades or businesses but does not include any
governmental agency, municipal corporation or nonprofit
corporation.
(4) 'County average annual wage' means:
(a) The most recently available average annual covered payroll
for the county in which the enterprise zone is located, as
determined by the Employment Department; or
(b) If the enterprise zone is located in more than one county,
the highest county average annual wage as determined under
paragraph (a) of this subsection.
(5) 'Electronic commerce' means engaging in commercial or
retail transactions predominantly over the Internet or a computer
network, utilizing the Internet as a platform for transacting
business, or facilitating the use of the Internet by other
persons for business transactions, and may be further defined by
the Economic and Community Development Department by rule.
(6) 'Eligible business firm' means a firm engaged in an
activity described under ORS 285C.135 that may file an
application for authorization under ORS 285C.140.
(7) 'Employee' means a person who works more than 32 hours per
week, but does not include a person with a temporary or seasonal
job or a person hired solely to construct qualified property.
(8) 'Enterprise zone' means one of the 30 areas designated or
terminated and redesignated by order of the Governor under ORS
284.160 (1987 Replacement Part) before October 3, 1989, one of
the areas designated by the Director of the Economic and
Community Development Department under ORS 285C.080, a federal
enterprise zone area designated under ORS 285C.085, an area
designated under ORS 285C.250 or a reservation enterprise zone
designated under ORS 285C.306.
(9) 'Federal enterprise zone' means any discrete area wholly or
partially within this state that is designated as an empowerment
zone, an enterprise community, a renewal community or some
similar designation for purposes of improving the economic and
community development of the area.
(10) 'First-source hiring agreement' means an agreement between
an authorized business firm and a publicly funded job training
provider whereby the provider refers qualified candidates to the
firm for new jobs and job openings in the firm.
(11) 'In service' means being used or occupied or fully ready
for use or occupancy for commercial purposes consistent with the
intended operations of the business firm as described in the
application for authorization.
(12) 'Modification' means modernization, renovation or
remodeling of an existing building, structure or real property
machinery or equipment.
(13) 'New employees hired by the firm':
(a) Includes only those employees of an authorized business
firm engaged for a majority of their time in eligible operations.
(b) Does not include individuals employed in a job or position
that:
(A) Is created and first filled after December 31 of the first
tax year in which qualified property of the firm is exempt under
ORS 285C.175;
(B) Existed prior to the submission of the relevant application
for authorization; or
(C) Is performed primarily at a location outside of the
enterprise zone.
(14) 'Publicly funded job training provider' includes but is
not limited to a community college, a service provider under the
federal Workforce Investment Act Title I-B (29 U.S.C. 2801 et
seq.), or a similar program.
(15) 'Qualified business firm' means a business firm described
in ORS 285C.200, the qualified property of which is exempt from
property tax under ORS 285C.175.
(16) 'Qualified property' means property described under ORS
285C.180.
(17) 'Rural enterprise zone' means:
(a) An enterprise zone located in an area of this state in
which an urban enterprise zone could not be located; or
(b) A reservation enterprise zone designated under ORS
285C.306.
(18) 'Sparsely populated county' means a county with a density
of 100 or fewer persons per square mile, based on the most
recently available population figure for the county from the
Portland State University { - Center for Population Research
and Census - } { + Population Research Center + }.
(19) 'Sponsor' means:
(a) The city, county or port, or any combination of cities,
counties or ports, that received approval of an enterprise zone
under ORS 284.150 and 284.160 (1987 Replacement Part), under ORS
285C.065 and 285C.075, under ORS 285C.085 or under ORS 285C.250;
(b) The tribal government, in the case of a reservation
enterprise zone; or
(c) A city, county or port that joined the enterprise zone
through a boundary change under ORS 285C.115 (7) or a port that
joined the enterprise zone under ORS 285C.068.
(20) 'Tax year' has the meaning given that term in ORS 308.007.
(21) 'Urban enterprise zone' means an enterprise zone in a
metropolitan statistical area, as defined by the most recent
federal decennial census, that is located inside a regional or
metropolitan urban growth boundary.
(22) 'Year' has the meaning given that term in ORS 308.007.
{ + NOTE: + } Corrects name of center in (18).
SECTION 85. ORS 285C.090 is amended to read:
285C.090. (1) A proposed enterprise zone must be located in a
local area in which:
(a) Fifty percent or more of the households have incomes below
80 percent of the median income of this state, as defined by the
most recent federal decennial census;
(b) The unemployment rate is at least 2.0 percentage points
greater than the comparable unemployment rate for this entire
state, as defined by the most recently available data published
or officially provided and verified by the United States
Government, the Employment Department of this state, the Portland
State University { - Center for Population Research and
Census - } { + Population Research Center + } or special
studies conducted under a contract with a regional academic
institution; or
(c) The Economic and Community Development Department
determines on a case-by-case basis using evidence provided by the
cities, counties or ports applying for designation of the
proposed enterprise zone that there exists a level of economic
hardship at least as severe as that described in paragraph (a) or
(b) of this subsection. The evidence shall be based on the most
recently available data from official sources and may include,
but is not limited to, a contemporary decline of the population
in the proposed enterprise zone, the percentage of persons in the
proposed enterprise zone below the poverty level relative to the
percentage of the entire population of this state below the
poverty level or the unemployment rate for the county or counties
in which the proposed enterprise zone is located.
(2) An enterprise zone must consist of a total area of not more
than 12 square miles in size. The area of the zone shall be
calculated by excluding that portion of the zone that lies below
the ordinary high water mark of a navigable body of water.
(3) Except as provided in subsection (4) of this section:
(a) An enterprise zone must have 12 miles or less as the
greatest distance between any two points within the zone; and
(b) Unconnected areas of an enterprise zone may not be more
than five miles apart.
(4) Unconnected areas of a rural enterprise zone may not be
more than 15 miles apart when an unconnected area is entirely
within a sparsely populated county, and the zone:
(a) Must have 20 miles or less as the greatest distance between
any two points within the zone, if only a portion of the zone is
contained within a sparsely populated county; or
(b) Must have 25 miles or less as the greatest distance between
any two points within the zone, if the zone is entirely contained
within a sparsely populated county.
(5) This section does not apply to the designation or
redesignation of a reservation enterprise zone.
{ + NOTE: + } Corrects name of center in (1)(b).
SECTION 86. ORS 285C.306 is amended to read:
285C.306. (1) Trust land of an Indian tribe that meets all of
the following requirements is designated as a reservation
enterprise zone for the purposes of ORS 285C.300 to 285C.320:
(a) The Indian tribe is a federally recognized Indian tribe;
(b) The reservation of the Indian tribe is entirely within the
boundaries of this state;
(c) The land for which zone designation is sought is land held
in trust by the United States for the benefit of the Indian tribe
and is located entirely within the boundaries of the reservation;
(d) Fifty percent or more of the households within the
boundaries of the reservation have incomes below 80 percent of
the median income of this state, as defined by the most recent
federal decennial census; and
(e) The unemployment rate within the reservation for all
enrolled members of the tribe is at least 2.0 percentage points
greater than the comparable unemployment rate for this state, as
defined by the most recently available data published or
officially provided and verified by the United States Government,
the Employment Department, the Portland State University
{ - Center for Population Research and Census - }
{ + Population Research Center + } or a special study conducted
under a contract with a regional academic institution.
(2) At the request of a tribal government, the Economic and
Community Development Department shall determine if trust land is
designated as a reservation enterprise zone under this section.
{ + NOTE: + } Corrects name of center in (1)(e).
SECTION 87. ORS 287.252 is amended to read:
287.252. (1) The governing body of any incorporated city may
issue and sell or exchange refunding bonds for the purpose of
paying, redeeming or retiring any or all outstanding lawfully
issued bonds of { - such - } { + the + } city, including
bonds issued pursuant to applications to pay assessments in
installments, when:
(a) The bonds have matured but have not been paid or canceled;
{ - or - }
(b) The bonds are about to mature and become payable;
{ - or - }
(c) The bonds are redeemable at the option of the city; or
(d) The holders of all or any part of any issue of bonds of the
city are willing to surrender { - such - } { + the + } bonds,
whether or not the bonds to be surrendered have matured or are
about to mature or become payable.
(2) Refunding bonds issued under authority of subsection (1) of
this section { - shall - } { + may + } not exceed in the
aggregate the par amount of the bonds to be called, paid,
redeemed or replaced, less the amount in the sinking fund, if
any, applicable thereto.
(3) Refunding bonds { - shall - } { + may + } not be
exchanged for outstanding bonds under authority of subsection (1)
of this section until bids for the refunding bonds have been
solicited in the manner prescribed by ORS 287.014 to 287.022.
{ + NOTE: + } Updates word choice and removes superfluous
conjunctions in (1); conforms word choice in (2) and (3) to
legislative style.
SECTION 88. ORS 288.160 is amended to read:
288.160. (1) Proceeds of refunding bonds authorized by this
section shall be used solely to refund bonds and pay related
costs and expenses, and { - shall - } { + may + } not be used
to pay for costs of operations or costs of projects not
attributable to the refunding.
(2) If authorized by law other than ORS 288.150 to 288.165 and
in the manner provided by law, a governmental unit may issue
general obligation bonds to refund outstanding bonded
indebtedness or to reimburse the governmental unit for costs of
capital construction or improvements, if:
(a) The refunding general obligation bonds have been approved
by the electors in a manner that qualifies under section 11
(11)(d)(ii), Article XI of the Oregon Constitution, and the
obligations { - which - } { + that + } are refunded, or the
first obligations in the series, if the refunding general
obligation bonds are part of a series of refundings, or the costs
{ - which - } { + that + } are to be reimbursed, were incurred
for capital construction or improvements; or
(b) The refunding general obligation bonds replace an issue of
outstanding general obligations bonds { - which - } { +
that + } were incurred for capital construction or improvements.
(3) For the purposes of this section, refunding general
obligation bonds shall be deemed to replace outstanding general
obligation bonds if:
(a) The refunded general obligation bonds are paid or lawfully
deemed paid upon issuance of the refunding general obligation
bonds; { - and - }
(b) The net proceeds of the refunding bonds shall be used to
pay only the debt service on the refunded bonds and the costs of
issuance of the refunding bonds; and
(c) The bond refunding satisfies at least one of the following
tests:
(A) The principal amount of the refunding general obligation
bonds does not exceed the outstanding principal amount of the
refunded general obligation bonds, plus the amount of any
authorized but unissued general obligation bonds of the
governmental unit; { - or - }
(B) The total amount of principal and interest payable on the
refunding general obligation bonds does not exceed the total
amount of principal and interest payable on the refunded bonds as
of the date of issuance of the refunding general obligation
bonds; or
(C) The present value of the debt service on the refunding
general obligation bonds does not exceed the present value of the
debt service on the refunded general obligation bonds, with the
present values calculated at the refunding bond yield.
(4) For purposes of { - section - } { + sections + } 11
(13) and 11b (3)(b), Article XI of the Oregon Constitution:
(a) If refunding general obligation bonds replace an issue of
general obligation bonds, the refunding general obligation bonds
shall be deemed to have been issued on the date of issuance of
the bonds { - which - } { + that + } are replaced, or the
first issue of general obligation bonds, if the refunding general
obligation bonds are part of a series of refundings; and
(b) If the bonds { - which - } { + that + } are replaced
were approved by the electors, the refunding general obligation
bonds shall be deemed to have been specifically approved by the
vote { - which - } { + that + } approved the bonds
{ - which - } { + that + } are replaced, or the first issue,
in a series of refundings.
(5) Notwithstanding ORS 221.200, 255.085 { - , - } { +
or + } 287.056 or any other law to the contrary, a ballot measure
authorizing issuance of refunding general obligation bonds need
not state the principal amount of refunding general obligation
bonds, { - so - } { + as + } long as the refunding bonds
comply with subsection (3) of this section. A ballot measure may
authorize issuance of general obligation bonds to refund a
specific series of outstanding general obligation bonds, or may
authorize issuance of general obligation bonds to refund all or
any portion of the outstanding bonds or future general obligation
bonds, or any combination thereof.
(6) Refunded general obligation bonds shall be deemed paid
within the meaning of subsection (3) of this section if:
(a) The refunded general obligation bonds are deemed paid or
defeased under the provisions of the documents authorizing
issuance of the refunded general obligation bonds; or
(b) The governmental unit complies with ORS 288.677.
(7) If a governmental unit issues general obligation bonds to
refund general obligation bonds that were issued before December
5, 1996, the refunded general obligation bonds and the refunding
general obligation bonds shall be treated as having been incurred
to finance capital construction and improvements under the laws
in effect at the time the refunded bonds were issued. The
definitions described in section 11 (13), Article XI of the
Oregon Constitution, or statutes enacted to interpret section 11
(13), Article XI of the Oregon Constitution, { - shall - }
{ + do + } not apply to the refunded bonds or the refunding
bonds.
(8) A governmental unit may issue refunding bonds to refund
obligations described in section 11 (5)(a)(A) and (B), Article XI
of the Oregon Constitution. Ad valorem property taxes may be
levied and collected to pay refunding bonds authorized by this
subsection to the same extent that ad valorem property taxes
could be levied and collected to pay the obligations that are
refunded.
(9) A governmental unit may issue refunding bonds to refund
bonds that are not general obligations or obligations described
in section 11 (5)(a)(A) and (B), Article XI of the Oregon
Constitution, but are secured by ad valorem property taxes. Ad
valorem property taxes may be levied and collected to pay
refunding bonds authorized by this subsection to the same extent
that ad valorem property taxes could be levied and collected to
pay the bonds that are refunded.
{ + NOTE: + } Corrects word choice in (1), (2)(a) and (b),
(4), (5) and (7); removes superfluous conjunctions in (3);
conforms syntax in (5) to legislative style.
SECTION 89. ORS 289.010 is amended to read:
289.010. (1) The Legislative Assembly finds that by use of the
powers and procedures described in this chapter for the
assembling and financing of lands for housing, educational and
cultural uses and for the construction and financing of
facilities for such uses, financed through the issuance of
revenue bonds secured solely by the properties and rentals thus
made available, the state may be able to effect substantially the
{ - provisions - } { + provision + } of decent, affordable
housing, the achievement of higher levels of learning and
development of the intellectual capacities of citizens and
expansion of the authorized services and resources for the
intellectual and artistic enrichment of citizens.
(2) It is the purpose of this chapter to authorize the exercise
of powers granted by this chapter by this state in addition to
and not in lieu of any other powers it may possess.
{ + NOTE: + } Improves word choice in (1).
SECTION 90. ORS 294.160 is amended to read:
294.160. (1) { - After July 14, 1995, - } The governing body
of a city, county or other unit of local government shall provide
an opportunity for interested persons to comment on the enactment
of any ordinance or resolution prescribing a new fee or a fee
increase or an increase in the rate or other manner in which the
amount of a fee is determined or calculated.
(2) Where a local government exercises authority to assume the
responsibility for a program delivered by the state, the local
government shall provide an opportunity to comment on the
difference between the fee amount charged by the state for such
service and the proposed local fee for the service.
{ + NOTE: + } Removes obsolete provision in (1).
SECTION 91. ORS 294.725 is amended to read:
294.725. For the purposes of ORS 294.725 to 294.755:
(1) 'Account balance' means the amount a political subdivision
has paid into the Local Government Employer Benefit Trust Fund
less the amount of unemployment benefits paid by the Employment
Department on behalf of the political subdivision.
{ + (2) 'Account reserve ratio' means the account balance of
the political subdivision on June 30, divided by gross wages paid
to individuals subject to ORS chapter 657 during the four
calendar quarters ending on June 30 by the political subdivision.
The ratio shall be expressed as a percent carried to four decimal
places. + }
{ - (2) - } { + (3) + } 'Aggregate benefit cost rate' means
the total unemployment benefits paid during a cost rate period
that is attributable to wages paid by all political subdivisions
divided by the gross wages paid to individuals subject to ORS
chapter 657 during the cost rate period by all political
subdivisions. The rate shall be expressed as a percent and
rounded to the nearest one-tenth of one percent.
{ - (3) - } { + (4) + } 'Benefit cost rate' means the total
unemployment benefits paid during a cost rate period that is
attributable to wages paid by a political subdivision divided by
gross wages paid to individuals subject to ORS chapter 657 during
the cost rate period by the political subdivision. The rate shall
be expressed as a percent and carried to four decimal places.
{ - (4) - } { + (5) + } 'Cost rate period' means the prior
three-year period ending June 30 of each year { - except that
with respect to June 30, 1977, the cost rate period is the
two-year period ending June 30, 1977 - } .
{ - (5) 'Account reserve ratio' means the account balance of
the political subdivision on June 30, divided by gross wages paid
to individuals subject to ORS chapter 657 during the four
calendar quarters ending on such June 30 by such political
subdivision. The ratio shall be expressed as a percent carried to
four decimal places. - }
(6) 'Department' means the Employment Department.
(7) 'Director' means the Director of the Employment Department.
(8) 'Erroneous benefit payments' means any amount paid to an
individual to which the individual is not entitled due to:
(a) Any error, whether or not due to misrepresentation or
nondisclosure of material fact by the claimant; or
(b) An initial decision to pay benefits { + that + } is
subsequently reversed by a decision finding the individual was
not eligible for
{ - such - } { + the + } benefits and { - such - } { +
the + } decision has become final.
{ + (9) 'Local Government Employer Benefit Trust Fund' or '
fund' means the fund created by ORS 294.730. + }
{ - (9) - } { + (10) + } 'Political subdivision' means a
political subdivision as defined by ORS 657.097.
{ - (10) 'Local Government Employer Benefit Trust Fund' or '
fund' means the fund created by ORS 294.730. - }
(11) 'Unemployment benefits' or 'benefits' means regular and
extended benefits paid under ORS chapter 657.
{ + NOTE: + } Alphabetizes definitions; updates word choice
in (2); removes obsolete provision in (5); corrects read-in
problem and updates word choice in (8)(b).
SECTION 92. ORS 294.735 is amended to read:
294.735. (1) A political subdivision shall pay into the
{ + Local Government Employer Benefit Trust + } Fund a
percentage of the gross wages it pays to individuals in
employment subject to ORS chapter 657 { + , + } except that minor
adjustments to wages in a calendar quarter on which payments have
previously been made { - shall - } { + may + } not result in
either a credit to the employer or an additional amount due the
fund. { - Such - } { + The + } percentage shall be as
determined in subsections (2) to (6) of this section.
(2) As soon as possible after June 30 { - , 1977, and each
June 30 thereafter - } { + of each year + }, the Employment
Department shall for each political subdivision determine the
benefit cost rate and the account reserve ratio applicable as of
that June 30.
(3) The percentage rate assigned to a political subdivision
whose account has been potentially chargeable with benefits for
each of the last four calendar quarters ending on the June 30
immediately preceding the determination shall be the benefit cost
rate of the political subdivision plus one-third of the
difference obtained by subtracting the political subdivision's
account reserve ratio from 1.5 times the political subdivision's
benefit cost rate. The resulting rate shall be rounded up to the
nearest one-tenth of one percent. A political subdivision's rate
shall be not less than one-tenth of one percent nor more than
five percent.
(4) The percentage rate assigned to a political subdivision
whose account has not been potentially chargeable with benefits
for each of the last four quarters ending on the immediately
preceding June 30 shall be the greater of one percent or 1.5
times the aggregate benefit cost rate for the cost rate period
ending on that June 30.
(5) Notwithstanding subsections (3) and (4) of this section, a
local government employer with an account balance on June 30 that
is less than five percent of the taxable wage base currently in
effect { - shall - } { + may + } not be assigned a rate of:
(a) Less than two percent if the payroll of the employer was
less than $25,000 during the four most recently completed
calendar quarters; { - or - }
(b) Less than one percent if the payroll of the employer was
$25,000 or more but less than $50,000 during the four most
recently completed calendar quarters; { - or - }
(c) Less than one-half of one percent if the payroll of the
employer was $50,000 or more but less than $100,000 during the
four most recently completed calendar quarters; or
(d) Less than two-tenths of one percent if the payroll of the
employer was $100,000 or more during the four most recently
completed calendar quarters.
(6) Percentages determined in subsections (3) to (5) of this
section shall be applicable for the four-calendar-quarter period
beginning July 1 of the year immediately following the
determination.
(7) { + (a) + } In addition to the payment made into the fund
under subsections (1) to (6) of this section, any political
subdivision
{ - which - } { + that + } has a negative account balance at
the end of a calendar quarter and had a negative account balance
at the end of each of the three immediately preceding calendar
quarters shall make additional payments into the fund during each
of the next four calendar quarters. The additional payment
required shall be computed as follows { + , + } with all
computations omitting cents:
{ - (a) - } { + (A) + } Multiply the gross payroll reported
by the employer during the four most recent calendar quarters by
the current percentage rate of payment into the fund.
{ - (b) - } { + (B) + } Subtract the amount of benefits
attributable to the employer that was reimbursed from the fund
during the most recent four calendar quarters from the product
determined in { - paragraph (a) of this subsection - } { +
subparagraph (A) of this paragraph + }.
{ - (c) - } { + (C) + } If the remainder obtained in
{ - paragraph (b) of this subsection - } { + subparagraph (B)
of this paragraph + } is more than zero, subtract the remainder
from the negative balance of the account.
{ - (d) - } { + (D) + } If the remainder in { - paragraph
(b) of this subsection - } { + subparagraph (B) of this
paragraph + } is zero or less, make no adjustment to the amount
of the negative balance of the account.
{ - (e) - } { + (E) + } Divide the amounts determined in
either { - paragraph (c) or (d) of this subsection - } { +
subparagraph (C) or (D) of this paragraph + } by four. The
resulting amount shall be the additional payment required for
each quarter.
{ + (b) + } Only one such determination shall be made in any
four-quarter period. If the negative balance is eliminated before
the end of the four quarters in which the additional payments
were determined necessary, no further additional payments will be
required under this subsection.
(8) During the first four calendar quarters in which a
political subdivision is a participant in the fund, additional
payments shall be required if the account balance of the
political subdivision is negative at the end of any of the four
quarters. The additional payment shall be determined in the same
manner described in subsection (7) of this section except that
the computation in subsection { - (7)(a) and (b) - } { +
(7)(a)(A) and (B) + } of this section shall include only those
quarters in which the political subdivision was a participant in
the fund.
(9) Employers subject to the provisions of this section may
request a refund of amounts in excess of the amount required to
obtain the minimum contribution rate.
{ + NOTE: + } Sets forth full name of fund, inserts comma for
readability and updates word choice in (1); removes obsolete
provision in (2); updates word choice and removes superfluous
conjunctions in (5); restructures (7) to eliminate blank slug
flush; corrects word choice in (7)(a); adjusts internal
references in (7) and (8) to reflect restructuring.
SECTION 93. ORS 319.510 is amended to read:
319.510. ORS 319.510 to 319.880 may be cited as the Use Fuel
Tax Law { - of 1943 - } .
{ + NOTE: + } Conforms short title to legislative style.
SECTION 94. ORS 342.144 is amended to read:
342.144. (1) As used in this section, 'American Indian tribe'
means an Indian tribe as that term is defined in ORS 97.740.
(2) The Legislative Assembly declares that teaching American
Indian languages is essential to the proper education of American
Indian children.
(3) The Teacher Standards and Practices Commission shall
establish an American Indian languages teaching license.
(4) Each American Indian tribe may develop a written and oral
test that must be successfully completed by an applicant for an
American Indian languages teaching license in order to determine
whether the applicant is qualified to teach the tribe's native
language. When developing the test, the tribe shall determine:
(a) Which dialects will be used on the test;
(b) Whether the tribe will standardize the tribe's writing
system; and
(c) How the teaching methods will be evaluated in the
classroom.
(5) The test shall be administered at an appropriate location
that does not create hardship for the tribal members
administering the test.
(6) The commission may not require an applicant to hold a
specific academic degree, to complete a specific amount of
education or to complete a teacher education program to receive
an American Indian languages teaching license.
(7)(a) An American Indian languages teaching license qualifies
the holder to accept a teaching position in a school district,
public charter school, education service district, community
college or state institution of higher education.
(b) A holder of an American Indian languages teaching license
who does not also have a teaching license issued under ORS
342.125 may not teach in a school district or education service
district any subject other than the American Indian language
{ - they are - } { + the holder of the license is + }approved
to teach by the tribe.
(c) A holder of an American Indian languages teaching license
who does not also have a teaching license or registration issued
under ORS 342.125 may not teach in a public charter school any
subject other than the American Indian language { - they
are - } { + the holder of the license is + } approved to teach
by the tribe.
(8)(a) As used in this subsection, 'technical assistance
program' means a program provided to an American Indian languages
teacher by a licensed teacher with three or more years of
teaching experience. A technical assistance program may include
direct classroom observation and consultation, assistance in
instructional planning and preparation, support in implementation
and delivery of classroom instruction, and other assistance
intended to enhance the professional performance and development
of the American Indian languages teacher.
(b) The holder of an American Indian languages teaching license
who does not also have an administrative license, teaching
license or registration issued under ORS 342.125 and who is
employed by a school district, public charter school or education
service district shall participate in a technical assistance
program with a person holding a teaching license issued by the
commission under ORS 342.125. The technical assistance program
shall meet the guidelines specified in ORS 329.815 (1) to (3).
(9) An American Indian languages teaching license shall be
valid for three years and may be renewed upon application from
the holder of the license.
{ + NOTE: + } Corrects pronoun-antecedent problem in (7)(b)
and (c).
SECTION 95. ORS 348.280 is amended to read:
348.280. The Oregon Student Assistance Commission shall:
(1) Determine which students are eligible
{ - beneficiaries - } { + to receive scholarships under ORS
348.270 + }.
(2) Grant the appropriate scholarships under ORS 348.270.
(3) Make necessary rules for application and distribution of
the benefits available under ORS 348.270 and this section.
(4) Establish rules and procedures necessary to carry out the
provisions of ORS 348.270 and this section, including but not
limited to the usual and customary rules for analyzing financial
need.
(5) In awarding scholarships pursuant to its authority under
ORS 348.520, { - the Oregon Student Assistance Commission
shall - } give priority to students who are eligible
{ - for - } { + to receive + } scholarships under ORS 348.270.
{ + NOTE: + } Clarifies benefit for which students are
eligible in (1); corrects read-in problem and word choice in (5).
SECTION 96. ORS 348.702 is amended to read:
348.702. (1) There is created within the Education Stability
Fund the Oregon Growth Account, to which shall be credited, in
the manner provided in subsection (2) of this section, 10 percent
of the funds transferred under section 4, Article XV of the
Oregon Constitution, from the Administrative Services Economic
Development Fund to the Education Stability Fund. Separate
records shall be maintained for moneys in the Oregon Growth
Account that are available for the purposes specified in
subsection (5) of this section. The account may be credited with
{ - such - } unrestricted appropriations, gifts, donations,
grants or contract proceeds from any source, with investments or
funds from any source { - , - } and with returns on investments
made from the account.
(2) The Oregon Department of Administrative Services may credit
to the Oregon Growth Account from the first funds transferred in
a fiscal year to the Education Stability Fund under section 4,
Article XV of the Oregon Constitution, an amount up to the amount
the department estimates to be 10 percent of the funds required
to be transferred to the Education Stability Fund for that fiscal
year.
(3) If at the end of the fiscal year the amount credited to the
Oregon Growth Account under subsection (2) of this section is
less than or greater than 10 percent of the amount required to be
transferred under section 4, Article XV of the Oregon
Constitution, to the Education Stability Fund, the amount
credited to the Oregon Growth Account shall be adjusted in one of
the following ways:
(a) The amount credited to the account in the following fiscal
year may be adjusted;
(b) Any excess may be transferred from the Oregon Growth
Account to the Education Stability Fund; or
(c) Any shortage may be transferred from the Education
Stability Fund to the Oregon Growth Account from funds available
for that purpose.
(4) Adjustments required by subsection (3) of this section
shall be made without consideration of any interest or other
earnings that have accrued during the fiscal year.
(5) The purpose of the Oregon Growth Account is to earn returns
for the Education Stability Fund by making investments in or by
providing seed capital for emerging growth businesses in traded
sector industries.
(6) The investment of funds in the Oregon Growth Account shall
be governed by the Oregon Growth Account Board.
{ + NOTE: + } Deletes unnecessary word and serial comma in
(1).
SECTION 97. ORS 351.086 is amended to read:
351.086. (1) Except as otherwise provided in this chapter and
ORS chapter 352, the provisions of ORS chapters 240,
{ - 279, - } 279A, 279B, 279C, 282 and 292 do not apply to the
Oregon University System.
(2) Notwithstanding subsection (1) of this section, ORS
240.167, 240.185, { - 279.835 to 279.855, - } 279A.065 (2),
279B.055 (3), 279C.380 (1)(a) and (3), 279C.600 to 279C.625,
279C.800, 279C.810, 279C.825, 279C.830, 279C.835, 279C.840,
279C.845, 279C.850, 279C.855, 279C.860, 279C.865, 279C.870 and
292.043 apply to the Oregon University System.
(3) Notwithstanding any other law, the following provisions do
not apply to the Oregon University System:
(a) ORS 182.310 to 182.400;
(b) ORS 273.413 to 273.456;
(c) ORS 276.071 and 276.072; and
(d) ORS 291.038.
(4) Notwithstanding subsection (3)(b) of this section, ORS
273.413 to 273.456 apply to any structure, equipment or asset
owned by the Oregon University System that is encumbered by a
certificate of participation.
(5) In carrying out the duties, functions and powers imposed by
law upon the Oregon University System, the State Board of Higher
Education or the Chancellor of the Oregon University System may
contract with any public agency for the performance of such
duties, functions and powers as the Oregon University System
considers appropriate.
{ + NOTE: + } Removes chapter reference in (1) rendered
obsolete by restructuring of public contracting law (see chapter
794, Oregon Laws 2003); removes corresponding series reference in
(2).
SECTION 98. ORS 351.890 is amended to read:
351.890. ORS 351.865 to 351.890 shall be known and cited as the
{ - ' - } Research Policy Act { + . + } { - of 1983.' - }
{ + NOTE: + } Conforms short title to legislative style.
SECTION 99. ORS 367.171 is amended to read:
367.171. An indenture under which grant anticipation revenue
bonds are issued may provide for:
(1) The pledging of all or a portion of the moneys described in
ORS 367.173 to the payment of the principal, interest, premium,
if any, or the bond debt service of revenue bonds issued under
ORS 367.161 to 367.181;
(2) Requirements concerning a particular series of revenue
bonds issued under ORS 367.161 to 367.181;
(3) Requirements concerning moneys described in ORS 367.173 and
payment on outstanding revenue bonds issued under ORS 367.161 to
367.181;
(4) A contractual undertaking for the benefit of bondholders
concerning assessment, levy collection and deposit of moneys
described in ORS 367.173;
(5) Provisions concerning the registration of revenue bonds or
the recording or filing of the indenture;
(6) Provisions relating to a reserve account { - . Provisions
under this subsection may include, but are not limited to, - }
{ + including, but not necessarily limited to, provisions
related to + } the amount required for an account and provisions
for replenishing the account from moneys described in ORS
367.173;
(7) Provisions concerning trustees including, but not limited
to:
(a) Establishing funds, accounts or moneys described in ORS
367.173 over which the trustee will be custodian; and
(b) Providing that a trustee will be appointed; or
(8) Establishing the maturation date of the revenue bonds.
{ + NOTE: + } Corrects punctuation in (6).
SECTION 100. ORS 377.727 is amended to read:
377.727. In addition to the provisions of ORS 377.725,
directional signs shall meet the following requirements:
(1) The maximum area shall be 150 square feet { - ; - }
{ + , + } the maximum height shall be 20 feet { - ; - } and
the maximum length shall be 20 feet. Dimensions and area under
this subsection shall be computed to include border and trim, but
exclude supports.
(2) No directional sign may be located within 2,000 feet of an
interchange or intersection at grade along the interstate system
or other freeway measured along the interstate highway or freeway
from the nearest point of the beginning or ending of pavement
widening at the exit from or entrance to the main traveled ways.
(3) No directional sign may be located within 2,000 feet of a
rest area, park land or scenic area.
(4) No directional sign shall be located within one mile of any
other directional sign facing the same direction of travel.
(5) No more than two directional signs pertaining to the same
attraction or activity and facing in the same direction of travel
may be erected along a single route approaching the attraction or
activity.
(6) No directional signs located adjacent to the interstate
system shall be located more than 75 air miles from the
attraction or activity.
(7) The message on a directional sign shall be limited to
identification and name of the attraction or activity and
directional information useful to the traveler in locating the
attraction, such as mileage, route number or exit numbers.
Descriptive words or phrases describing the activity or its
environs are prohibited. However, one standard size graphic may
be placed on each sign if not prohibited by federal statutes or
regulations.
(8) Privately owned activities or attractions eligible for
directional signing are limited to { - the following: - }
natural phenomena, scenic attractions, historic, educational,
cultural, scientific and religious sites, and outdoor
recreational areas.
(9) To be eligible for directional signing, privately owned
attractions or activities must be nationally or regionally known
{ - , - } and of outstanding interest to the traveling public.
The Department of Transportation shall, by rule, develop specific
selection methods and criteria to be used in determining whether
{ - or not - } an activity qualifies for directional signing.
Because viticultural areas defined by the Bureau of Alcohol,
Tobacco { + , + }
{ - and - } Firearms { + and Explosives + } are scenic
attractions and cultural sites that are regionally known and of
outstanding interest to the traveling public, viticultural areas
meet the qualifications under this subsection and subsection (8)
of this section for directional signing.
(10) The Department of Transportation shall adopt such rules as
it deems necessary to carry out the provisions of this section.
{ + NOTE: + } Conforms punctuation to legislative style in
(1) and (8); strikes errant comma, excises unnecessary verbiage
and corrects name of renamed federal agency in (9).
SECTION 101. ORS 390.715 is amended to read:
390.715. (1) The State Parks and Recreation Department may
issue permits under ORS 390.650 to 390.659 for pipelines, cable
lines and other conduits across and under the ocean shore, state
recreation areas and the submerged lands adjacent to the ocean
shore, upon payment of just compensation by the permittee.
{ - Such - } { + A + } permit { + issued under this
subsection + } is not a sale or lease of tide and overflow lands
within the scope of ORS 274.040.
(2) Whenever the issuance of a permit under subsection (1)
{ - hereof - } { + of this section + } will affect lands
owned privately, the State Parks and Recreation Department shall
withhold the issuance of { - such - } { + the + } permit
until { - such time as - } the permittee { - shall have
obtained - } { + obtains from the private owner + } an
easement, license or other written authorization { - from the
private owner, which easement, license or other written authority
must meet - } { + that meets + } the approval of the State
Parks and Recreation Department, except as to the compensation to
be paid to the private owner.
(3) All permits issued under this section are subject to
conditions that will { - assure - } { + ensure + } safety of
the public and the preservation of economic, scenic and
recreational values and to rules promulgated by state agencies
having jurisdiction over the activities of the grantee or
permittee.
{ + NOTE: + } Updates word choice and syntax.
SECTION 102. ORS 408.070 is amended to read:
408.070. (1) The Director of Veterans' Affairs shall
investigate from time to time the institutions or other places
where financial aid is being furnished to any beneficiary under
ORS 408.010 to 408.090 { - , - } to ascertain whether { - or
not - } the spirit of { - those sections - } { + ORS 408.010
to 408.090 + } is being complied with. If the director
determines, after such investigation as the director deems
necessary, that any such institution or place is not furnishing
bona fide courses of instruction to the beneficiary or
beneficiaries, or that any beneficiary is abusing the privileges
granted by ORS 408.020, no money shall be paid to any beneficiary
who is not receiving bona fide instruction or who is abusing such
privileges. In making the investigations, the director may use
the services of any state or county agency, and
{ - said - } { + the + } agencies are required to render any
such service requested by the director.
(2) The director may adopt { - and promulgate all necessary
rules and regulations consistent with ORS 408.010 to 408.090 to
carry those sections into effect - } { + rules necessary to
carry out ORS 408.010 to 408.090 + }.
{ + NOTE: + } Updates syntax in (1); eliminates redundancy in
(2).
SECTION 103. ORS 408.225 is amended to read:
408.225. { + (1) + } As used in ORS 408.225 to 408.235:
{ - (1) - } { + (a) + } 'Combat zone' means an area
designated by the President of the United States by executive
order in which, on the dates designated by executive order, the
Armed Forces of the United States are or have engaged in combat.
{ - (2) - } { + (b) + } 'Disabled veteran' means a person
entitled to disability compensation under laws administered by
the United States Department of Veterans Affairs, a person whose
discharge or release from active duty was for a disability
incurred or aggravated in the line of duty or a person who was
awarded the Purple Heart for wounds received in combat.
{ - (3)(a) - } { + (c) + } 'Veteran' means a person
who { + :
(A) + } Served on active duty with the Armed Forces of the
United States:
{ - (A) - } { + (i) + } For a period of more than 178
consecutive days { - , - } and was discharged or released from
active duty with other than a dishonorable discharge;
{ - (B) - } { + (ii) + } For 178 days or less and was
discharged or released from active duty with other than a
dishonorable discharge because of a service-connected
disability; { + or + }
{ - (C) - } { + (iii) + } For at least one day in a combat
zone and was discharged or released from active duty with other
than a dishonorable discharge; or
{ - (D) - } { + (B) + } Received a combat or campaign
ribbon for service in the Armed Forces of the United States.
{ - (b) - } { + (2) + } As used in { - this - }
subsection { + (1)(c) of this section + }, 'active duty' does
not include attendance at a school under military orders, except
schooling incident to an active enlistment or a regular tour of
duty, or normal military training as a reserve officer or member
of an organized reserve or a National Guard unit.
{ + NOTE: + } Restructures section to eliminate read-in
problem.
SECTION 104. ORS 409.450 is amended to read:
409.450. As used in ORS 409.450 to 409.478:
(1) 'Caregiver' means an individual providing ongoing care for
an individual with special needs.
(2) 'Community lifespan respite care program' means a
noncategorical respite care program that:
(a) Is operated by community-based private nonprofit,
for-profit or public agencies that provide respite care services;
(b) Receives funding through the Oregon Lifespan Respite Care
Program established under ORS 409.458;
(c) Serves an area of one or more counties;
(d) Acts as a single local source of information and referral;
and
(e) Facilitates access to local respite care services.
(3) 'Noncategorical care' means care without regard to the
status { + of the individual receiving care + }, including but
not limited to age and type of special need { - of the
individual receiving care - } .
(4) 'Provider' means an individual or agency selected by a
family or caregiver to provide respite care to an individual with
special needs.
(5) 'Respite care' means the provision of short-term relief to
primary caregivers from the demands of ongoing care for an
individual with special needs.
(6) 'Respite care services' includes:
(a) Recruiting and screening { - of - } paid and unpaid
respite care providers;
(b) Identifying local training resources and organizing
training opportunities for respite care providers;
(c) Matching { - of - } families and caregivers with
providers and other types of respite care;
(d) Linking families and caregivers with payment resources;
(e) Identifying, coordinating and developing community
resources for respite care;
(f) { + Providing + } quality assurance and evaluation; and
(g) Assisting families and caregivers to identify respite care
needs and resources.
(7) 'Special needs' includes:
(a) Alzheimer's disease and related disorders;
(b) Developmental disabilities;
(c) Physical disabilities;
(d) Chronic illness;
(e) Mental and emotional conditions that require supervision;
(f) Situations in which a high risk of abuse or neglect exists;
and
(g) Such other situations or conditions as the Department of
Human Services may establish by rule.
{ + NOTE: + } Corrects syntax in (3); adjusts (6)(a), (c) and
(f) to achieve parallel structure.
SECTION 105. ORS 414.805 is amended to read:
414.805. (1) An individual who receives medical services while
in the custody of a law enforcement officer is liable:
(a) To the provider of the medical services for the charges and
expenses therefor; and
(b) To the Department of Human Services for any charges or
expenses paid by the Department of Human Services out of the Law
Enforcement Medical Liability Account for the medical services.
(2) A person providing medical services to an individual
described in subsection (1)(a) of this section shall first make
reasonable efforts to collect the charges and expenses thereof
from the individual before seeking to collect them from the
Department of Human Services out of the Law Enforcement Medical
Liability Account.
(3)(a) If the provider has not been paid within 45 days of the
date of the billing, the provider may bill the Department of
Human Services who shall pay the account out of the Law
Enforcement Medical Liability Account.
(b) A bill submitted to the Department of Human Services under
this subsection must be accompanied by evidence documenting that:
(A) The provider has billed the individual or the individual's
insurer or health care { + service + } contractor for the
charges or expenses owed to the provider; and
(B) The provider has made a reasonable effort to collect from
the individual or the individual's insurer or health care { +
service + } contractor the charges and expenses owed to the
provider.
(c) If the provider receives payment from the individual or the
insurer or health care { + service + } contractor after
receiving payment from the Department of Human Services, the
provider shall repay the department the amount received from the
public agency less any difference between payment received from
the individual, insurer or contractor and the amount of the
billing.
(4) As used in this section:
(a) 'Law enforcement officer' means an officer who is
commissioned and employed by a public agency as a peace officer
to enforce the criminal laws of this state or laws or ordinances
of a public agency.
(b) 'Public agency' means the state, a city, port, school
district, mass transit district or county.
{ + NOTE: + } Standardizes terminology in (3)(b) and (c).
SECTION 106. ORS 416.422 is amended to read:
416.422. (1) Past support may not be ordered for any period of
time prior to the later of:
(a) The date of the most recent application for service from
the Child Support Program administered under Title IV-D of the
Social Security Act; or
(b) In the case of a mandatory referral based on the receipt of
public assistance, the date of the last referral to the Child
Support Program administered under Title IV-D of the Social
Security Act.
(2) If the administrator has issued a notice and finding of
financial responsibility under ORS 416.415 that includes a
statement of past support but the administrator or { - hearing
officer - } { + an administrative law judge + } has not issued
an order, and a court proceeding that involves the same obligor
and child support for the same child is pending or is commenced
after the notice is issued, the administrator may certify all
matters under the notice to the court for consolidation in the
court proceeding. After the matter is certified to the court,
the court may, in the same manner as the administrator, order a
parent to pay an amount of past support.
(3) If the administrator does not certify the matter to the
court under subsection (2) of this section and the court's
judgment or order does not address past support, the
administrator or { - a hearing officer - } { + an
administrative law judge + } may thereafter issue an order
directing a parent to pay an amount of past support.
{ + NOTE: + } Corrects terminology in (2) and (3).
SECTION 107. ORS 416.483 is amended to read:
416.483. (1) After an opportunity for a hearing on the matter,
the court or the administrator may enter an order in favor of the
Oregon Youth Authority that requires a parent or other person to
pay support toward the care and maintenance of a youth offender
or other offender if:
(a) The parent or other person is legally responsible for the
support of the youth offender or other offender; and
(b)(A) The youth offender is committed to the legal custody of
the youth authority by order of the juvenile court; or
(B) The other offender is placed in the physical custody of the
youth authority under ORS 137.124.
(2) The formula established under ORS { - 25.270 to
25.287 - } { + 25.275 + } applies to an order entered under this
section.
(3) When the administrator makes an order under this section,
the provisions of ORS 416.400 to 416.465 apply.
{ + NOTE: + } Inserts more specific reference in (2).
SECTION 108. ORS 418.475 is amended to read:
418.475. (1) Within the limit of moneys appropriated therefor,
the Department of Human Services may establish or certify
independent residence facilities for minors who:
(a) Are 16 years of age or older;
(b) Have been placed in at least one substitute care resource;
(c) Have been determined by the department to be unsuitable for
placement in a substitute care resource;
(d) Have received permission from the appropriate juvenile
court, if they are wards of the court; and
(e) Have been determined by the department to be suitable for
an independent resident program.
(2) Residence facilities shall provide independent housing
arrangements with counseling services and minimal supervision
available from at least one counselor. All residential facilities
having six or more residents shall be licensed by the department
under ORS 443.400 to 443.455 { - and 443.991 (2) - } .
(3) Each resident shall be required to maintain a program of
education or employment, or a combination thereof, amounting to
full-time activity and shall be required to pay a portion or all
of the resident's housing expenses and other support costs.
(4) The department may make payment grants directly to minors
enrolled in an independent living program for food, shelter,
clothing and incidental expenses. { - Such - } { + The + }
payment grants shall be subject to an agreement between the minor
and the department
{ - which - } { + that + } establishes a budget of expenses.
(5) The department may establish cooperative financial
management agreements with a minor and for that purpose may enter
into joint bank accounts requiring two signatures for
withdrawals.
{ - Such - } { + The + } management agreements or joint
accounts { - shall - } { + may + } not subject the department
or any counselor involved to any liability for debts or other
responsibilities of the minor.
(6) The department shall make periodic reports to the juvenile
court as required by the court regarding any minor who is { +
a + } ward of the court enrolled in an independent living
program.
(7) The enrollment of a minor in an independent living program
in accordance with the provisions of subsection (1) of this
section { - shall - } { + does + } not remove or limit in any
way the obligation of the parent of the minor to pay support as
ordered by a court under the provisions of ORS 419B.400 or
419C.590.
{ + NOTE: + } Deletes inappropriate reference to penalty
section in (2); updates word choice in (4), (5) and (7); supplies
missing word in (6).
SECTION 109. ORS 418.992 is amended to read:
418.992. (1) In addition to any other liability or penalty
provided by law, the Director of Human Services may impose a
civil penalty on a private child-caring agency for any of the
following:
(a) Violation of any of the terms or conditions of a license
issued under ORS 418.205 to 418.310 { - and 418.992 to
418.998 - } .
(b) Violation of any rule or general order of the Department of
Human Services that pertains to a private child-caring agency.
(c) Violation of any final order of the director that pertains
specifically to the private child-caring agency.
(2) A civil penalty may not be imposed under this section
{ - for violations other than - } :
(a) { + For violations other than + } those involving direct
care or feeding of children, staff to child ratio { - , - }
{ + or + } sanitation involving direct care; or
(b) Unless a violation is found on two consecutive surveys of
the private child-caring agency.
(3) The director in every case shall prescribe a reasonable
time for elimination of a violation:
(a) Not to exceed 30 days after first notice of a violation; or
(b) In cases where the violation requires more than 30 days to
correct, such time as is specified in a plan of correction found
acceptable by the director.
(4) A civil penalty imposed under this section may be remitted
or reduced upon such terms and conditions as the director
considers proper and consistent with the public health and
safety.
{ + NOTE: + } Deletes inappropriate reference to penalty
sections in (1)(a); restructures (2) to correct read-in problem.
SECTION 110. ORS 419A.047 is amended to read:
419A.047. (1) The state shall provide financial assistance to
the counties for the implementation of local coordinated
comprehensive plans from funds appropriated for that purpose for
court services, as defined in ORS 3.250.
(2) The Oregon Youth Authority shall determine each county's
estimated percentage share of the amount to be appropriated for
the purposes of this section. Such determination must be based
upon each county's respective share of residents under the age of
18.
(3) The numbers of residents under the age of 18 for each
county must be certified to the Oregon Youth Authority by January
1 of each odd-numbered year by the { - Center for Population
Research and Census - } { + Portland State University
Population Research Center + }.
{ + NOTE: + } Corrects name of center in (3).
SECTION 111. ORS 419A.250 is amended to read:
419A.250. (1) A child, ward, youth or youth offender may be
photographed or fingerprinted by a law enforcement agency:
(a) Pursuant to a search warrant;
(b) According to laws concerning adults if the youth has been
transferred to criminal court for prosecution;
(c) Upon consent of both the child or youth and the child or
youth's parent after advice that they are not required to give
such consent;
(d) Upon request or consent of the child's parent alone if the
child is less than 10 years of age, and if the law enforcement
agency delivers the original photographs or fingerprints to the
parent and does not make or retain any copies thereof; or
(e) By order of the juvenile court.
(2) When a youth is taken into custody under ORS 419C.080, the
law enforcement agency taking the youth into custody shall
photograph and fingerprint the youth. When a youth is found
within the jurisdiction of the juvenile court for the commission
of an act that would constitute a crime if committed by an adult,
the court shall ensure that the youth offender's fingerprints
have been taken. The law enforcement agency attending upon the
court is the agency responsible for obtaining the fingerprints.
The law enforcement agency attending upon the court may, by
agreement, arrange for another law enforcement agency to obtain
the fingerprints on the attending agency's behalf.
(3) Fingerprint and photograph files or records of children,
wards, youths and youth offenders must be kept separate from
those of adults, and fingerprints and photographs known to be
those of a child may be maintained on a local basis only and may
not be sent to a central state or federal depository.
(4) Fingerprint and photograph files or records of a child,
ward, youth or youth offender are open to inspection only by, or
the contents disclosed only to, the following:
(a) Public agencies for use in investigation or prosecution of
crimes and of conduct by a child, ward, youth or youth offender
that if committed by an adult would be an offense, provided that
a law enforcement agency may provide information to another
agency only when the information is pertinent to a specific
investigation by that agency;
(b) The juvenile department and the juvenile court having the
child, ward, youth or youth offender before it in any proceeding;
(c) Caseworkers and counselors taking action or otherwise
responsible for planning and care of the child, ward, youth or
youth offender;
(d) The parties to the proceeding and their counsel; and
(e) The victim or a witness of an act or behavior described
under ORS 419C.005 (1) or the victim's parent, guardian, personal
representative or subrogee, when necessary to identify the youth
or youth offender committing the act or behavior and identifying
the apparent extent of the youth or youth offender's involvement
in the act or behavior.
(5)(a) Fingerprint and photograph files or records of youths
and youth offenders must be sent to a central state depository in
the same manner as fingerprint and photograph files or records of
adults. The fingerprint and photograph files or records of a
youth or youth offender sent to a central depository under this
subsection are open to inspection in the same manner and under
the same circumstances as fingerprint and photograph files or
records of adults.
(b) A party filing a petition alleging that a youth is within
the jurisdiction of the court under ORS 419C.005 shall notify the
central state depository of the following:
(A) The filing of a petition alleging that a youth committed an
act that if committed by an adult would constitute a crime; or
(B) The dismissal of a petition alleging that a youth committed
an act that if committed by an adult would constitute a crime.
(c) The juvenile court shall notify the central state
depository of the disposition of a case in which jurisdiction is
based on ORS 419C.005.
(d) The Department of State Police shall delete the fingerprint
and photograph files or records of a youth or youth offender from
the depository and destroy the files or records relating to the
conduct that caused the files or records to be sent to the
depository:
(A) One year after receiving the files, if the central state
depository has not received notice under paragraph (b) of this
subsection;
(B) No later than one year following receipt of a notice of
dismissal of a petition under paragraph (b)(B) of this
subsection; or
(C) In all other circumstances, no later than five years and 30
days after fingerprint and photograph files or records are sent
to the central state depository.
(6) Fingerprint and photograph files and records of a child,
ward, youth or youth offender must be expunged when the juvenile
court orders expunction of a child, ward, youth or youth
offender's record pursuant to ORS 419A.260 and 419A.262.
(7) The parent or guardian of a missing child may submit a
fingerprint card and photograph of the child to a law enforcement
agency at the time a missing person report is made. The law
enforcement agency may submit the fingerprint file to the
Department of State Police { - Bureau of Criminal
Identification - } { + bureau of criminal identification + }.
The information must be entered into the Law Enforcement Data
System and the Western Identification Network Automated
Fingerprint Identification System.
(8) When fingerprint files or records are submitted under
subsection (7) of this section, the Department of State Police
shall enter in a special index in the computerized criminal
history files the name of the child and the name of the county or
agency that submitted the fingerprint file or record.
(9) Fingerprints and other information entered in any data
system pursuant to subsection (7) of this section must be deleted
when the child is located.
{ + NOTE: + } Corrects identification in (7) of bureau within
Department of State Police with generic terminology used in
181.066 establishing bureau.
SECTION 112. ORS 419B.090 is amended to read:
419B.090. (1) The juvenile court is a court of record and
exercises jurisdiction as a court of general and equitable
jurisdiction and not as a court of limited or inferior
jurisdiction. The juvenile court is called 'The ______ Court of
______ County, Juvenile Department. '
(2)(a) It is the policy of the State of Oregon to recognize
that children are individuals who have legal rights. Among those
rights are the right to:
(A) Permanency with a safe family;
(B) Freedom from physical, sexual or emotional abuse or
exploitation; and
(C) Freedom from substantial neglect of basic needs.
(b) Parents and guardians have a duty to afford their children
the rights listed in paragraph (a) of this subsection. Parents
and guardians have a duty to remove any impediment to their
ability to perform parental duties that afford these rights to
their children. When a parent or guardian fails to fulfill these
duties, the juvenile court may determine that it is in the best
interests of the child to remove the child from the parent or
guardian either temporarily or permanently.
(c) The provisions of this chapter shall be liberally construed
to the end that a child coming within the jurisdiction of the
court may receive such care, guidance, treatment and control as
will lead to the child's welfare and the protection of the
community.
(3) It is the policy of the State of Oregon to guard the
liberty interest of parents protected by the Fourteenth Amendment
to the United States Constitution and to protect the rights and
interests of children, as provided in subsection (2) of this
section. The provisions of this chapter shall be construed and
applied in compliance with federal constitutional limitations on
state action established by the United States Supreme Court with
respect to interference with the rights of parents to direct the
upbringing of their children, including, but not limited to { + ,
the right to + }:
(a) Guide the secular and religious education of their
children;
(b) Make health care decisions for their children; and
(c) Discipline their children.
(4) It is the policy of the State of Oregon, in those cases not
described as extreme conduct under ORS 419B.502, to offer
appropriate reunification services to parents and guardians to
allow them the opportunity to adjust their circumstances, conduct
or conditions to make it possible for the child to safely return
home within a reasonable time. Although there is a strong
preference that children live in their own homes with their own
families, the state recognizes that it is not always possible or
in the best interests of the child or the public for children who
have been abused or neglected to be reunited with their parents
or guardians. In those cases, the State of Oregon has the
obligation to create or provide an alternative, safe and
permanent home for the child.
(5) The State of Oregon recognizes the value of the Indian
Child Welfare Act { - , 25 U.S.C. 1901 to 1923, - } and hereby
incorporates the policies of that Act.
{ + NOTE: + } Corrects read-in problems in (3); conforms
reference to federal Act in (5) to that used throughout juvenile
code.
SECTION 113. ORS 420.040 is amended to read:
420.040. The youth correction facility, the superintendents
{ - thereof - } { + of the youth correction facility + }, the
Director { + of the Oregon Youth Authority + } and personnel of
the Oregon Youth Authority are not liable for any damages
whatsoever that are sustained by any person on account of the
actions or misconduct of a youth offender placed in a youth
correction facility.
{ + NOTE: + } Improves syntax.
SECTION 114. ORS 421.084 is amended to read:
421.084. (1) The Corrections Education Advisory Committee shall
assist in the development { + of + }, 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.
(3) { - For the purposes of - } { + As used in + } 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.
{ + NOTE: + } Corrects syntax in (1) lead-in and (1)(b);
adjusts punctuation in (1) to account for intervening periods;
corrects syntax and conforms word choice to legislative style in
(3).
SECTION 114a. { + If Senate Bill 189 becomes law, section 114
of this 2007 Act (amending ORS 421.084) is repealed and ORS
421.084, as amended by section 3, chapter ___, Oregon Laws 2007
(Enrolled Senate Bill 189), is amended to read: + }
421.084. (1) The Administrator of Correctional Education shall
administer an adult basic skills development program for all
individuals in the custody of the Department of Corrections. The
program shall:
(a) Test individuals for basic reading and mathematics skills
or, for individuals with limited English language proficiency,
English speaking skills. 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 8.0 grade
equivalency on a standardized reading test approved by the
National Reporting System for Adult Education of the United
States Department of Education and by the Adult Basic Skills
Program of the Department of Community Colleges and Workforce
Development { - ; - } { + . + }
(c) Provide progress testing and certification { - ; - }
{ + . + }
(d) Provide strong incentives for entering the program and for
achieving the minimum reading level and, for those individuals
with demonstrated ability, provide incentives for making progress
toward earning a General Educational Development (GED)
certificate { - ; 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 basic skills and participation in the adult
basic skills development program are not required for inmates:
(a) Sentenced to or otherwise confined by the department for
less than one year;
(b) Sentenced to life imprisonment without parole;
(c) Sentenced to death;
(d) Who are developmentally disabled; or
(e) Who are specifically exempted by the Department of
Corrections for security or health reasons.
{ + NOTE: + } Resolves conflict with Senate Bill 189; adjusts
punctuation in (1) to account for intervening periods.
SECTION 115. ORS 423.010 is amended to read:
423.010. As used in ORS 423.010 to 423.070, unless the context
requires otherwise:
(1) 'Department' means the Department of Corrections.
(2) 'Department of Corrections institutions' has the meaning
given that term in ORS 421.005.
(3) 'Director' means the Director of the Department of
Corrections.
{ - (4) 'Youth correction facility' has the meaning given
that term in ORS 420.005. - }
{ + NOTE: + } Deletes unused definition.
SECTION 116. ORS 426.020 is amended to read:
426.020. The { - superintendents of the hospitals
mentioned - } { + superintendent of a hospital referred to + }
in ORS 426.010 shall be
{ - persons - } { + a person + } the Department of Human
Services considers qualified to administer the hospital. If the
superintendent of any hospital is a physician licensed by the
Board of Medical Examiners for the State of Oregon, the
superintendent shall serve as chief medical officer. If the
superintendent is not a physician, the Director of Human Services
or the designee of the director shall appoint a physician to
serve as chief medical officer who shall be in the unclassified
service.
{ + NOTE: + } Corrects syntax.
SECTION 117. ORS 430.405 is amended to read:
430.405. As used in ORS { - 161.125, 430.270, 430.405 and - }
430.415 { + , + } { - : - }
{ - (1) 'Department' means the Department of Human
Services. - }
{ - (2) 'Director of the treatment facility' means the person
in charge of treatment and rehabilitation programs at the
treatment facility. - }
{ - (3) 'Drug abuse' means repetitive, excessive use of drugs
or controlled substances short of dependence, without legal or
medical supervision, that may have a detrimental effect on the
individual or society. - }
{ - (4) - } 'drug-dependent person' means one who has lost
the ability to control the use of controlled substances or other
substances with abuse potential, or who uses such substances or
controlled substances to the extent that the health of the person
or that of others is substantially impaired or endangered or the
social or economic function of the person is substantially
disrupted. A drug-dependent person may be physically dependent, a
condition in which the body requires a continuing supply of a
drug or controlled substance to avoid characteristic withdrawal
symptoms, or psychologically dependent, a condition characterized
by an overwhelming mental desire for continued use of a drug or
controlled substance.
{ - (5) 'Treatment facility' means profit or nonprofit,
public or private detoxification centers, outpatient clinics,
residential facilities, hospitals and such other facilities as
the Department of Human Services determines suitable, any of
which may provide diagnosis and evaluation, medical care,
detoxification, social services or rehabilitation for
drug-dependent persons. - }
{ + NOTE: + } Deletes unnecessary references and unused
definitions.
SECTION 118. 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 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 - } { + the + } funds are expended for mental health
services approved by the Department of Human Services.
(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, day and
residential treatment programs for mentally or emotionally
disturbed children and adolescents 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 - } { + the + } funds shall be retained by the program
and expended for any service { - which - } { + that + } meets
the standards of the department.
{ + NOTE: + } Updates word choice in (1) and (3); corrects
punctuation in (1); removes obsolete provision in (3).
SECTION 119. ORS 431.045 is amended to read:
431.045. The Director of Human Services shall appoint a
physician licensed by the Board of Medical Examiners for the
State of Oregon and certified by the American Board of Preventive
Medicine who shall serve as the Public Health Officer and be
responsible for the medical and paramedical aspects of the health
programs within the Department { + of Human Services + }.
{ + NOTE: + } Sets forth full title of agency.
SECTION 120. ORS 431.220 is amended to read:
431.220. The { - division - } { + Department of Human
Services + } shall keep a record of all moneys deposited in the
Public Health Account. This 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.
{ + NOTE: + } Corrects and sets forth full title of agency.
SECTION 121. ORS 432.510 is amended to read:
432.510. (1) The Department of Human Services shall establish a
uniform, statewide, population-based registry system for the
collection of information determining the incidence of cancer and
benign tumors of the brain and central nervous system and related
data. The purpose of the registry shall be to provide information
to design, target, monitor, facilitate and evaluate efforts to
determine the causes or sources of cancer and benign tumors among
the residents of Oregon and to reduce the burden of cancer and
benign tumors in Oregon. Such efforts may include but are not
limited to:
(a) Targeting populations in need of cancer screening services
or evaluating screening or other cancer control services;
(b) Supporting the operation of hospital registries in
monitoring and upgrading the care and the end results of
treatment for cancer and benign tumors;
(c) Investigating suspected clusters or excesses of cancer and
benign tumors both in occupational settings and in the state's
environment generally;
(d) Conducting studies to identify cancer hazards to the public
health and cancer hazard remedies; and
(e) Projecting the benefits or costs of alternative policies
regarding the prevention or treatment of cancer and benign
tumors.
(2) The department shall adopt rules necessary to carry out the
purposes of ORS 432.510 to 432.550 and 432.900, including but not
limited to designating which types of cancer and benign tumors of
the brain and central nervous system are reportable to the
statewide registry, the data to be reported, the data reporting
standards and format and the effective date after which reporting
by health care facilities, clinical laboratories and
practitioners shall be required. When adopting rules under this
subsection, the department shall, to the greatest extent
practicable, conform the rules to the standards and procedures
established by the American College of Surgeons Commission on
Cancer, with the goal of achieving uniformity in the collection
and reporting of data.
(3) The department shall:
(a) Conduct a program of epidemiologic analyses of registry
data collected under subsection (1) of this section to assess
control, prevention, treatment and causation of cancer and benign
tumors in Oregon; and
(b) Utilize the data to promote, facilitate and evaluate
programs designed to reduce the burden of cancer and benign
tumors among the residents of Oregon.
(4) The department shall:
(a) Collaborate in studies of cancer and benign tumors with
clinicians and epidemiologists and publish reports on the results
of such studies; and
(b) Cooperate with the National Institutes of Health and the
Centers for Disease Control { + and Prevention + } in providing
incidence data for cancer and benign tumors.
(5) The department shall establish a training program for the
personnel of participating health care facilities and a quality
control program for data for cancer and benign tumors reported to
the state registry.
{ + NOTE: + } Corrects name of federal agency in (4)(b).
SECTION 122. ORS 438.150 is amended to read:
438.150. (1) In addition to the license of a clinical
laboratory required by ORS 438.040, the Department of Human
Services may issue a temporary permit valid for a period, to be
determined by the department, from the date of issuance in any or
all clinical laboratory specialties upon payment of the
respective required fees as described in ORS 438.130 (2).
(2) In issuing the temporary permit, the department may require
that:
(a) Plans for compliance with applicable laws and rules be
submitted with the application for the temporary permit;
{ - and - }
(b) During the period in which the temporary permit is in
effect periodic reports be submitted on the progress of the plans
for compliance; and
(c) Special temporary provisions specified by the department
upon application of the temporary permit be maintained for the
protection of the public.
(3) If at any time the department determines that the clinical
laboratory can no longer operate in a manner { - which - }
{ + that + } protects the public health and safety or that the
requirements imposed under subsection (2) of this section are not
being maintained, the department shall cancel the temporary
permit.
(4) One renewal of the temporary permit may be granted if
deemed to be in the best interest of public health by the
department. The fee for renewal is the respective required fee as
described in ORS 438.130 (2).
(5) The department may issue permits for health screen testing.
(6) The department by rule shall specify:
(a) Appropriate quality assurance procedures;
(b) Personnel qualifications;
(c) Standards for counseling and referral of persons being
tested;
(d) Tests a health testing service may conduct;
(e) The procedure for applying for a permit; and
(f) The procedure for reporting to the department the location
of all health screening facilities.
(7) The department by rule may specify the maximum length of
time a health screen testing service may remain in one location.
{ + NOTE: + } Removes superfluous conjunction in (2)(a);
corrects word choice in (3).
SECTION 123. ORS 438.210 is amended to read:
438.210. A person is qualified to act as a laboratory director
of a clinical laboratory if:
(1) The person is a pathologist certified in clinical or
anatomical pathology by a national organization or organizations
recognized by the Department of Human Services, or is a physician
who possesses qualifications equivalent to those required for
such certification;
(2) The person is a physician who possesses special
qualifications that enable the person to perform as a laboratory
director, or is directing a laboratory on January 1, 1970;
(3) The person has an earned degree of Doctor of Science or
Doctor of Philosophy, or an acceptable degree as determined by
the department, from an accredited college or university, with a
major in the chemical, physical, or biological sciences and
possesses special qualifications as described in the
administrative rules of the department that enable the person to
perform as a laboratory director;
(4) The person is { - the - } { + a + } member of a group
of five or more physicians who operate on November 4, 1993, a
laboratory performing work only on their patients and
{ - who - } is { + the member + } designated by the group to
be the director; or
(5) The person was responsible for the direction of a clinical
laboratory for at least 12 months within the five years preceding
January 1, 1970, and has had at least two years of pertinent
clinical laboratory experience, as determined by the department.
{ + NOTE: + } Corrects syntax in (4).
SECTION 124. ORS 440.335 is amended to read:
440.335. (1) The directors { + of a health district + } shall,
at the time of their organization, choose from their number a
chairperson, a secretary and a treasurer, who shall hold their
offices until their successors are elected and qualified.
(2) These officers shall have, respectively, the powers and
shall perform the duties usual in such cases { - and shall be
known as the president, secretary and treasurer of the health
district - } .
(3) A majority shall constitute a quorum to do business and, in
the absence of the chairperson, any other member may preside at
any meeting.
{ + NOTE: + } Specifies directors in (1); eliminates
unnecessary verbiage in (2).
SECTION 125. ORS 441.030 is amended to read:
441.030. (1) The Department of Human Services, pursuant to ORS
479.215, shall deny, suspend or revoke a license in any case
where the State Fire Marshal, or the representative of the State
Fire Marshal, certifies that there is a failure to comply with
all applicable laws, lawful ordinances and rules relating to
safety from fire.
(2) The department may deny, suspend or revoke a license in any
case where it finds that there has been a substantial failure to
comply with ORS 441.015 to 441.063, 441.085 { - , - } { +
or + } 441.087 { - , 441.990 (3) - } or the rules or minimum
standards adopted under
{ - those statutes - } { + ORS 441.015 to 441.063, 441.085 or
441.087 + }.
(3) The department may suspend or revoke a license issued under
ORS 441.025 for failure to comply with a department order arising
from a health care facility's substantial lack of compliance with
the provisions of ORS 441.015 to 441.063, 441.084 to
441.087 { + , + } { - and 441.990 (3) or ORS - } 441.162 or
441.166 { - , - } or the rules adopted { - thereunder - }
{ + under ORS 441.015 to 441.063, 441.084 to 441.087, 441.162
or 441.166 + }, or for failure to pay a civil penalty imposed
under ORS 441.170 or 441.710.
(4) The department may order a long term care facility licensed
under ORS 441.025 to restrict the admission of patients when the
department finds an immediate threat to patient health and safety
arising from failure of the long term care facility to be in
compliance with ORS 441.015 to 441.063 { - , - } { + or + }
441.084 to 441.087 and the rules adopted { - pursuant
thereto - } { + under ORS 441.015 to 441.063 or 441.084 to
441.087 + }.
(5) Any long term care facility { - which - } { + that + }
has been ordered to restrict the admission of patients pursuant
to subsection (4) of this section shall post a notice of
{ - such - } { + the + } restriction, provided by the
department, on all doors providing ingress to and egress from the
facility, for the duration of the restriction.
{ + NOTE: + } Deletes inappropriate references to penalty
subsection in (2) and (3); sets out statute numbers in (2), (3)
and (4); updates word choice in (5).
SECTION 126. ORS 441.063 is amended to read:
441.063. The rules of the hospital shall include provisions for
the use of the hospital facilities by duly licensed podiatric
physicians and surgeons subject to rules and regulations
governing
{ - such - } { + the + } use established by the medical staff
and the podiatric staff of the hospital. { - Such - } { +
The + } staff comprised of physicians and { - or - } podiatric
physicians and surgeons { - , - } shall regulate the admission
and the conduct of the podiatric physicians and surgeons while
using the facilities of the hospital and shall prescribe
procedures whereby { - the - } { + a + } podiatric physician
and surgeon's use of the facilities may be suspended or
terminated.
{ + NOTE: + } Corrects syntax and punctuation.
SECTION 127. ORS 441.084 is amended to read:
441.084. { + (1) As used in this section, 'supplier' includes
an authorized representative of the patient who purchases
nonprescriptive medication or nonprescriptive sickroom supplies
at retail. + }
{ - (1) - } { + (2) + } A patient in a long term care
facility or an intermediate care facility required to be licensed
under ORS 441.015 must have a choice:
(a) From among prescription drug delivery systems { - so - }
{ + as + } long as the system selected:
(A) Provides for timely delivery of drugs;
(B) Provides adequate protection to prevent tampering with
drugs;
(C) Provides that drugs are delivered in a unit of use
compatible with the established system of the facility for
dispensing drugs, whether that system is provided by a facility
pharmacy or by a contract with a pharmacy; and
(D) Provides a 24-hour emergency service procedure either
directly or by contract with another pharmacy;
(b) From among suppliers of nonprescriptive medication { + ,
although + } { - but - } no facility is required to accept any
opened container of such medication; { + and + }
(c) From among suppliers of nonprescriptive sickroom supplies
{ - so - } { + as + } long as any items supplied can be
maintained in a clean manner with equipment available at the
facility { - ; and - } { + . + }
{ - (d) For purposes of paragraphs (b) and (c) of this
subsection, 'supplier' includes an authorized representative of
the patient who purchases nonprescriptive medication or
nonprescriptive sickroom supplies at retail. - }
{ - (2) - } { + (3) + } If the established system of the
facility, whether that system is provided by a facility pharmacy
or a pharmacy under contract, provides patient profile
information, the pharmacy chosen by the patient under subsection
{ - (1)(a) - } { + (2)(a) + } of this section must also
provide that information for any patient it serves at the
facility.
{ + NOTE: + } Restructures section to correct read-in problem
in (2); corrects syntax in (2)(a), (b) and (c); corrects internal
reference in (3).
SECTION 128. ORS 442.120 is amended to read:
442.120. In order to provide data essential for health planning
programs:
(1) The Office for Oregon Health Policy and Research may
request, by July 1 of each year, each general hospital to file
with the office ambulatory surgery and inpatient discharge
abstract records covering all patients discharged during the
preceding calendar year. The ambulatory surgery and inpatient
discharge abstract record for each patient must include the
following information, and may include other information deemed
necessary by the office for developing or evaluating statewide
health policy:
(a) Date of birth;
(b) Sex;
(c) Zip code;
(d) Inpatient admission date or outpatient service date;
(e) Inpatient discharge date;
(f) Type of discharge;
(g) Diagnostic related group or diagnosis;
(h) Type of procedure performed;
(i) Expected source of payment, if available;
(j) Hospital identification number; and
(k) Total hospital charges.
(2) By July 1 of each year, the office may request from
ambulatory { - surgery - } { + surgical + } centers licensed
under ORS 441.015 ambulatory surgery discharge abstract records
covering all patients admitted during the preceding year.
Ambulatory surgery discharge abstract records must include
information similar to that requested from general hospitals
under subsection (1) of this section.
(3) In lieu of abstracting and compiling the records itself,
the office may solicit the voluntary submission of such data from
Oregon hospitals or other sources to enable it to carry out its
responsibilities under this section. If such data { - is - }
{ + are + } not available to the office on an annual and timely
basis, the office may establish by rule a fee to be charged
{ + to + } each hospital.
(4) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board, if
the Legislative Assembly is not in session, prior to adopting the
fee, and within the budget authorized by the Legislative Assembly
as the budget may be modified by the Emergency Board, the fee
established under subsection (3) of this section { - shall - }
{ + may + } not exceed the cost of abstracting and compiling
the records.
(5) The office may specify by rule the form in which the
records are to be submitted. If the form adopted by rule requires
conversion from the form regularly used by a hospital, reasonable
costs of such conversion shall be paid by the office.
(6) Abstract records must include a patient identifier that
allows for the statistical matching of records over time to
permit public studies of issues related to clinical practices,
health service utilization and health outcomes. Provision of such
a patient identifier must not allow for identification of the
individual patient.
(7) In addition to the records required in subsection (1) of
this section, the office may obtain abstract records for each
patient that identify specific services, classified by
International Classification of Disease Code, for special studies
on the incidence of specific health problems or diagnostic
practices. However, nothing in this subsection shall authorize
the publication of specific data in a form that allows
identification of individual patients or licensed health care
professionals.
(8) The office may provide by rule for the submission of
records for enrollees in a health maintenance organization from a
hospital associated with such an organization in a form the
office determines appropriate to the office's needs for such data
and the organization's record keeping and reporting systems for
charges and services.
{ + NOTE: + } Standardizes terminology in (2) to correspond
with definition in 442.015; corrects grammar and supplies missing
word in (3); updates word choice in (4).
SECTION 129. ORS 442.495 is amended to read:
442.495. The responsibilities of the Rural Health Coordinating
Council shall be to:
(1) Advise the Office of Rural Health on matters related to the
health care services and needs of rural communities;
(2) Develop general recommendations to meet the identified
needs of rural communities; and
(3) { - To - } View applications and recommend to the office
which communities should receive assistance, how much money
should be granted or loaned and the ability of the community to
repay a loan.
{ + NOTE: + } Corrects read-in problem in (3).
SECTION 130. ORS 442.830 is amended to read:
442.830. (1) There is established the Oregon Patient Safety
Commission Board of Directors consisting of 17 members, including
the Public Health Officer and 16 directors who shall be appointed
by the Governor and who shall be confirmed by the Senate in the
manner prescribed in ORS 171.562 and 171.565.
(2) Membership on the board shall reflect the diversity of
facilities, providers, insurers, purchasers and consumers that
are involved in patient safety. Directors shall demonstrate
interest, knowledge or experience in the area of patient safety.
(3) The membership of the board shall be as follows:
(a) The Public Health Officer;
(b) One faculty member, who is not involved in the direct
delivery of health care, of the Oregon University System or a
private Oregon university;
(c) Two representatives of group purchasers of health care, one
of whom shall be employed by a state or other governmental entity
and neither of whom may provide direct health care services or
have an immediate family member who is involved in the delivery
of health care;
(d) Two representatives of health care consumers, neither of
whom may provide direct health care services or have an immediate
family member who is involved in the delivery of health care;
(e) Two representatives of health insurers, including a
representative of a domestic not-for-profit health care
{ - services - } { + service + } contractor, a representative
of a domestic insurance company licensed to transact health
insurance or a representative of a health maintenance
organization;
(f) One representative of a statewide or national labor
organization;
(g) Two physicians licensed under ORS chapter 677 who are in
active practice;
(h) Two hospital administrators or their designees;
(i) One pharmacist licensed under ORS chapter 689;
(j) One representative of an ambulatory surgical center or an
outpatient renal dialysis facility;
(k) One nurse licensed under ORS chapter 678 who is in active
clinical practice; and
(L) One nursing home administrator licensed under ORS chapter
678 or one nursing home director of nursing services.
(4) The term of office of each director appointed by the
Governor is four years. Before the expiration of the term of a
director, the Governor shall appoint a successor whose term
begins on October 1 next following. A director is eligible for
reappointment for an additional term. If there is a vacancy for
any cause, the Governor shall make an appointment to become
effective immediately for the unexpired term. The board shall
nominate a slate of candidates whenever a vacancy occurs or is
announced and shall forward the recommended candidates to the
Governor for consideration.
(5) The board shall select one of its members as chairperson
and another as vice chairperson for the terms and with the duties
and powers as the board considers necessary for performance of
the functions of those offices. The board shall adopt bylaws as
necessary for the efficient and effective operation of the
commission.
(6) The Governor may remove any member of the board at any time
at the pleasure of the Governor, but not more than eight
directors shall be removed within a period of four years, unless
it is for corrupt conduct in office. The board may remove a
director as specified in the commission bylaws.
(7) The board may appoint subcommittees and advisory groups as
needed to assist the board, including but not limited to one or
more consumer advisory groups and technical advisory groups. The
technical advisory groups shall include physicians, nurses and
other licensed or certified { - professional - } { +
professionals + } with specialty knowledge and experience as
necessary to assist the board.
(8) No voting member of the board may be an employee of the
commission.
{ + NOTE: + } Standardizes terminology in (3)(e); corrects
syntax in (7).
SECTION 131. ORS 443.035 is amended to read:
443.035. (1) { - A license may be granted, or may be renewed
annually, for a calendar year - } { + The Department of Human
Services may grant a license to a home health agency for a
calendar year, may annually renew a license and may allow for a
change of ownership, + }upon payment of a fee as follows:
(a) For a new home health agency:
(A) $1,000; and
(B) An additional $1,000 for each subunit of a parent home
health agency.
(b) For renewal of a license:
(A) $600; and
(B) An additional $600 for each subunit of a parent home health
agency.
(c) For a change of ownership at a time other than the annual
renewal date:
(A) $500; and
(B) An additional $500 for each subunit of a parent home health
agency.
(2) Notwithstanding subsection (1)(c) of this section, the fee
for a change in ownership shall be $100 if a change in ownership
does not involve:
(a) The majority owner or partner; or
(b) The administrator operating the agency.
(3) All fees received pursuant to subsection (1) of this
section shall be paid over to the State Treasurer and credited to
the Public Health Account. Such moneys are appropriated
continuously to the Department of Human Services for the
administration of ORS 443.005 to 443.095.
{ + NOTE: + } Recasts (1) lead-in to improve syntax and
correct (1)(c) read-in.
SECTION 132. ORS 443.225 is amended to read:
443.225. (1) Except as otherwise provided by subsections (3)
and (4) of this section, the capacity of all domiciliary care
facilities must be located throughout the state based on the
relationship of { - (a) - } the population of the county in
which the additional capacity is proposed to be located to
{ - (b) - } the number of persons originating from the county
determined to be in need of domiciliary care by the Department of
Human Services. However, nothing in this subsection is intended
to prevent the placement of a person who is or was not a resident
of the county in a domiciliary care facility in the county.
(2) { - Where - } { + When + } a county is too sparsely
populated to produce a meaningful ratio of county population to
population in need, or a county is lacking necessary support
services, the population of two or more counties may be combined.
The area of the combined counties may be considered a county for
purposes of subsection (1) of this section.
(3) The computation required by subsection (1) of this section
{ - shall - } { + does + } not require reduction in any
domiciliary care facility capacity existing on October 4, 1977.
(4) Subject to the appropriate licensing requirements, the
governing body of a county may authorize a domiciliary care
facility located in the county to exceed the capacity limit
imposed by subsection (1) of this section upon:
(a) Request of an individual or organization operating or
proposing to operate a domiciliary care facility;
(b) Consultation with an advisory committee appointed by the
governing body and consisting of persons who are particularly
interested in the type of domiciliary care facility contemplated;
and
(c) Finding of good cause following notice and public hearing.
{ + NOTE: + } Conforms (1) to legislative style; updates word
choice in (2) and (3).
SECTION 133. ORS 443.437 is amended to read:
443.437. { + (1) As used in this section, 'supplier' includes
an authorized representative of the patient who purchases
nonprescription medication or nonprescription sickroom supplies
at retail. + }
{ - (1) - } { + (2) + } A resident in a residential
facility must have a choice:
(a) From among prescription drug delivery systems { - so - }
{ + as + } long as the system selected:
(A) Provides for timely delivery of drugs;
(B) Provides adequate protection to prevent tampering with
drugs;
(C) Provides that drugs are delivered in a unit of use
compatible with the established system of the facility for
dispensing drugs, whether that system is provided by a facility
pharmacy or by a contract with a pharmacy; and
(D) Provides a 24-hour emergency service procedure either
directly or by contract with another pharmacy;
(b) From among suppliers of nonprescription medication { + ,
although + } { - but - } no facility is required to accept any
opened container of such medication; { + and + }
(c) From among suppliers of nonprescription sickroom supplies
{ - so - } { + as + } long as any items supplied can be
maintained in a clean manner with equipment available at the
facility { - ; and - } { + . + }
{ - (d) For purposes of paragraphs (b) and (c) of this
subsection, 'supplier' includes an authorized representative of
the patient who purchases nonprescription medication or
nonprescription sickroom supplies at retail. - }
{ - (2) - } { + (3) + } If the established system of the
facility, whether that system is provided by a facility pharmacy
or a pharmacy under contract, provides patient profile
information, the pharmacy chosen by the resident under subsection
{ - (1)(a) - } { + (2)(a) + } of this section must also
provide that information for any resident it serves at the
facility.
{ + NOTE: + } Reorganizes section to correct read-in problem
in (2); corrects syntax in (2)(a), (b) and (c); corrects internal
reference in (3).
SECTION 134. ORS 446.525 is amended to read:
446.525. (1) A special assessment is levied annually upon each
manufactured dwelling that is assessed for ad valorem property
tax purposes as personal property. The amount of the assessment
is $6.
(2) { - On or before July 15, 1990, and - } On or before
July 15 of each year { - thereafter - } , the county assessor
shall determine and list the manufactured dwellings in the county
that are assessed for the current assessment year as personal
property. Upon making a determination and list, the county
assessor shall cause the special assessment levied under
subsection (1) of this section to be entered on the general
assessment and tax roll prepared for the current assessment year
as a charge against each manufactured dwelling so listed. Upon
entry, the special assessment shall become a lien, be assessed
and be collected in the same manner and with the same interest,
penalty and cost charges as apply to ad valorem property taxes in
this state.
(3) Any amounts of special assessment collected pursuant to
subsection (2) of this section shall be deposited in the county
treasury, shall be paid over by the county treasurer to the State
Treasury and shall be credited to the Mobile Home Parks Account
to be used exclusively for implementing the policies described in
ORS 446.515.
(4) In lieu of the procedures under subsection (2) of this
section, the Director of the Housing and Community Services
Department may make a direct billing of the special assessment to
the owners of manufactured dwellings and receive payment of the
special assessment from those owners. In the event that under the
billing procedures any owner fails to make payment, the unpaid
special assessment shall become a lien against the manufactured
dwelling and may be collected under contract or other agreement
by a collection agency { - , - } { + or + } may be collected
under ORS 293.250, or the lien may be foreclosed by suit as
provided under ORS chapter 88 or as provided under ORS 87.272 to
87.306. Upon collection under this subsection, the amounts of
special assessment shall be deposited in the State Treasury and
shall be credited to the Mobile Home Parks Account to be used
exclusively for implementing the policies described in ORS
446.515.
{ + NOTE: + } Removes obsolete provision in (2); corrects
syntax in (4).
SECTION 135. ORS 446.721 is amended to read:
446.721. (1) The fee for issuance or renewal of a manufactured
structure dealer license under ORS 446.691 is $542.
(2) The fee for issuance or renewal of a supplemental license
under ORS 446.716 is $90 for each additional place of business.
(3) The fee for issuance or renewal of a corrected dealer
license under ORS 446.716 or corrected limited manufactured
structure dealer license under ORS 446.706 is $30.
(4) The fee for issuance of a temporary manufactured structure
dealer license under ORS 446.701 is $100.
(5) The fee for issuance or renewal of a limited manufactured
structure dealer license under ORS 446.706 is $150.
(6) Fees adopted pursuant to this section are not subject to
proration or refund.
(7) Fees collected by the Department { + of Consumer and
Business Services + } under this section must be deposited in the
Consumer and Business Services Fund. Moneys deposited into the
fund pursuant to this section are continuously appropriated to
the department for use as provided in ORS 446.423.
{ + NOTE: + } Sets forth department name in full in (7).
SECTION 136. ORS 448.123 is amended to read:
448.123. (1) It is the purpose of ORS 448.119 to 448.285,
454.235 and 454.255 to:
(a) { - Assure - } { + Ensure that + } all Oregonians { +
have + } safe drinking water.
(b) Provide a simple and effective regulatory program for
drinking water systems.
(c) Provide a means to improve inadequate drinking water
systems.
(2) In carrying out the purpose set forth in subsection (1) of
this section, the Department of Human Services shall act in
accordance with the goal set forth in ORS 468B.155.
(3) If, in carrying out any duty prescribed by law, the
department acquires information related to ground water quality
in Oregon, the department shall forward a copy of the information
to the centralized repository established pursuant to ORS
468B.167.
{ + NOTE: + } Corrects syntax in (1)(a).
SECTION 137. ORS 448.279 is amended to read:
448.279. (1) The Department of Human Services by rule shall
establish a certification program for persons who inspect cross
connections or test backflow assemblies. The program shall
include minimum qualifications necessary for a person to be
certified to:
(a) Conduct a cross connection inspection; and
(b) Test a backflow assembly.
(2) Except for an employee of a water supplier as defined in
ORS 448.115, a person certified under this section must:
(a) Become licensed as a construction contractor with the
Construction Contractors Board as provided under ORS chapter 701;
or
(b) Become licensed as a landscape contractor as provided under
ORS 671.510 to 671.710.
(3) In conjunction with the certification program established
under subsection (1) of this section, the department may
establish and collect a fee from an individual requesting
certification under the program. A fee imposed under this
subsection { - may - } :
(a) { + Is + } not { - be - } refundable; and
(b) { + May + } not exceed the cost of administering the
certification program of the department for which purpose the fee
is established, as authorized by the Legislative Assembly within
the budget of the department and as the budget may be modified by
the Emergency Board.
(4) The department may not require a journeyman plumber
{ - who holds a certificate of competency issued - } { +
licensed + } under ORS chapter 693 or an apprentice plumber, as
defined in ORS 693.010, to obtain a certification for testing
backflow { - prevention device - } assemblies under the program
established under this section.
(5) All moneys collected by the department under this section
shall be deposited in the General Fund to the credit of an
account of the department. Such moneys are continuously
appropriated to the department to pay the cost of administering
the certification program established pursuant to this section
and the cost of administering water system cross connection and
backflow assembly programs.
{ + NOTE: + } Corrects grammar in (3); standardizes
terminology in (4).
SECTION 138. ORS 452.240 is amended to read:
452.240. Any county court may:
(1) Take all necessary or proper steps and measures for the
control or extermination of public health vectors.
(2) Abate as nuisances all places where public health vectors
within the county may breed.
(3) Purchase such supplies and materials and employ or contract
for such labor as may be necessary or proper in furtherance of
control or extermination.
(4) Fix the compensation and prescribe the duties of all
employees, agents and servants.
(5) Enter upon all places within the county and adjacent
thereto for the purpose of carrying out this section.
(6) Cut or remove such shrubbery or undergrowth as is necessary
or proper in order to carry out this section.
(7) Treat with proper chemicals places where public health
vectors are found or are likely to exist.
(8) Generally do any and all things necessary or incident to
the powers granted in ORS 452.230 to 452.250 and to carry out the
{ - objects - } { + objectives + } specified in this section.
{ + NOTE: + } Corrects word choice in (8).
SECTION 139. ORS 453.520 is amended to read:
453.520. (1) The Governor shall designate the office of the
State Fire Marshal as the state emergency response commission as
required by the Emergency Planning and Community Right-to-Know
Act of 1986 (42 U.S.C. 11001 et seq.).
(2) The office shall:
(a) Provide, in a timely manner, advice to a state agency that
is required to consult with the office about programs that
involve hazardous materials or hazardous substances; and
(b) Undertake all duties of a state emergency response
commission required by the Emergency Planning and Community
Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.) including but
not limited to:
(A) Designating emergency planning districts;
(B) Establishing local emergency planning committees within
emergency planning districts and { - appoint - } { +
appointing + } members to the local emergency planning
committees; and
(C) Providing comments on local emergency plans.
{ + NOTE: + } Corrects grammar in (2)(b)(B).
SECTION 140. ORS 455.110 is amended to read:
455.110. Except as otherwise provided by ORS chapters 446, 447,
460, 476, ORS 479.015 to 479.220, 479.510 to 479.945, 479.990 and
479.995 and ORS chapter 480:
(1) The Director of the Department of Consumer and Business
Services shall coordinate, interpret and generally supervise the
adoption, administration and enforcement of the state building
code.
(2) The director, with the approval of the appropriate advisory
boards, shall adopt codes and standards, including regulations as
authorized by ORS 455.020 governing the construction,
reconstruction, alteration and repair of buildings and other
structures and the installation of mechanical devices and
equipment therein. The regulations may include rules for the
administration and enforcement of a certification system for
persons performing work under the codes and standards adopted
under this subsection. However, this subsection does not
authorize the establishment of a separate certification for
performing work on low-rise residential dwellings.
(3) The director, with the approval of the appropriate advisory
boards, may amend such codes from time to time. The codes of
regulations and any amendment thereof shall conform insofar as
practicable to model building codes generally accepted and in use
throughout the United States. If there is no nationally
recognized model code, consideration shall be given to the
existing specialty codes presently in use in this state. Such
model codes with modifications considered necessary and specialty
codes may be adopted by reference. The codes so promulgated and
any amendments thereof shall be based on the application of
scientific principles, approved tests and professional judgment
and, to the extent that it is practical to do so, the codes shall
be promulgated in terms of desired results instead of the means
of achieving such results, avoiding wherever possible the
incorporation of specifications of particular methods or
materials. To that end the codes shall encourage the use of new
methods, new materials and maximum energy conservation.
(4) The director shall adopt rules requiring a journeyman
plumber { - who holds a certificate of competency issued - }
{ + licensed + } under ORS chapter 693 or an apprentice
plumber, as defined in ORS 693.010, who tests backflow
{ - prevention device - } assemblies to complete a
state-approved training program for the testing of those
assemblies.
{ + NOTE: + } Standardizes terminology in (4).
SECTION 141. ORS 456.585 is amended to read:
456.585. The Housing and Community Services Department shall
serve as the primary state agency for farmworker housing
information. The department shall perform the following duties
related to farmworker housing information:
(1) Develop an information center for farmworker housing
financing information. The department shall consult with private
organizations and the Farmworker Housing Facilitation Team
established pursuant to subsection (3) of this section in
developing and operating the information center. The information
center shall include provision for access by the Internet.
(2) To the extent practicable, simplify the application process
for funding farmworker housing projects.
(3) Establish a Farmworker Housing Facilitation Team to provide
an ongoing discussion forum for state and local government
agencies that are involved with farmworker housing. Team members
shall include the Housing and Community Services Department, the
Occupational Safety and Health Division, the State Department of
Agriculture, the Department of Land Conservation and Development,
the Employment Department and the Oregon State University
Extension Service. The Housing and Community Services Department
shall also invite { + Rural Development and the Farm Service
Agency of + } the United States Department of Agriculture
{ - Rural Housing Service - } , { + the + } United States
Department of Labor, local planning agencies and other interested
persons to be members of the team.
(4) Ensure that homeowner assistance programs engage in
outreach efforts to contact farmworkers.
(5) Promote the establishment and use of individual development
accounts by farmworkers and others.
(6) Use a statewide map of crop diversity to determine housing
needs, and facilitate the development of farmworker housing in
appropriate locations.
(7) Look at creative ways to provide housing, including but not
limited to time-share housing, cooperative housing, mobile and
portable housing and modular housing.
(8) Work with private businesses, state agencies and nonprofit
organizations to maximize the development of farmworker housing.
(9) To the extent practicable, refer housing-based conflicts to
dispute resolution processes.
{ + NOTE: + } Updates obsolete federal agency reference and
improves grammar in (3).
SECTION 142. ORS 459.311 is amended to read:
459.311. A local government unit responsible for conducting a
remedial action or removal or related activities under ORS
465.260 at a solid waste disposal site, or a local government
unit that contributed solid waste to a solid waste disposal site
for which the local government is liable under ORS 465.255 or
other applicable law, shall impose a charge to be added to all
billings for collection services rendered within the boundaries
of that local government unit unless the local government unit
provides an equivalent amount of funding through another source.
A charge imposed under this section shall be subject to the
following requirements:
(1) The charge shall be:
(a) An amount equal to a maximum amount of $12 per capita per
year and $60 per capita per local government unit;
(b) Collected for each volumetric or weight unit of solid waste
collected;
(c) Imposed equitably on all persons who dispose of solid
waste; and
(d) For a local government unit imposing and collecting a
charge on behalf of another local government unit responsible for
remedial action or related activities at a disposal site, an
amount that, as a proportion of the total cost, equals the
proportion of solid waste the local government unit contributed
to such disposal site.
(2) The charge shall be collected on behalf of the local
government unit by solid waste collectors who are subject to
franchising, licensing or permitting requirements adopted by the
local government unit. Notwithstanding any restriction on rates
contained in a franchise or other local regulations, a solid
waste collector may add the charge to bills for solid waste
collection. The local government unit may enter into an
intergovernmental agreement with any other local government unit
to provide for imposition and collection of the charge on behalf
of the local government unit.
(3) The solid waste collector shall remit the proceeds of the
charge to the local government unit according to procedures
adopted by the local government unit by ordinance. However, solid
waste collectors shall not be responsible for covering any
shortage caused by failure of a customer to pay charges for solid
waste collection.
(4) A local government unit imposing a charge under this
subsection may require solid waste collectors to submit reports
or other documentation necessary to establish compliance with the
requirements of this section or the ordinance adopted by the
local government unit. All information contained in such reports
relating to the number of accounts served by the solid waste
collector or the revenue produced from such accounts shall be
exempt from public disclosure.
(5) A solid waste collector required to collect charges under
this section may retain five percent of the charge in order to
defray the costs of collecting and accounting for the proceeds of
the charge.
(6) If a person disposes of solid waste at a disposal site
within the boundaries of a local government unit imposing a
{ - fee - } { + charge + } under this section without using the
services of a solid waste collector, the person shall pay the
{ - fee - } { + charge + } established by this section at the
time the person disposes of solid waste at the disposal site.
That portion of the charge attributable to administrative costs
as provided in subsection (5) of this section shall be retained
by the operator of the solid waste disposal site. The operator of
the solid waste disposal site shall remit the balance of the
charge according to procedures established by ordinance by the
local government unit imposing the charge.
(7) Except for the amount allocated to defray the
administrative expenses of a solid waste collector or disposal
site operator under subsections (5) and (6) of this section,
proceeds of the charge shall be placed into a dedicated local
government remedial action fund established by the local
government unit and may be used only to pay for remedial action
costs. As used in this subsection, 'remedial action costs' also
includes the cost of retiring debt incurred in connection with a
remedial action.
(8) The amount collected by imposing a charge under this
section shall be the amount necessary to fund the local
government unit's remedial action costs at one or more solid
waste disposal sites for which the local government unit is
responsible for conducting a remedial action or removal or
related activities under ORS 465.260, or is liable under ORS
465.255 or other applicable law and necessary administrative
expenses incurred under this section, and may include an
increment to cover any delinquencies in collections. The amount
of the charge may be adjusted from time to time as necessary to
maintain the remedial action fund at the level necessary to
accommodate the local government unit's remedial action
responsibilities, but { - shall - } { + may + } not exceed the
maximum amounts provided in subsection (1)(a) of this section.
(9) Any local government unit located within the boundaries of
a metropolitan service district may enter into an
intergovernmental agreement with the district to transfer to the
district the funding authority granted under this section and the
responsibility for performing all remedial action obligations for
which the local government unit may be responsible.
(10) As used in this section, 'remedial action,' 'remedial
action costs' and 'removal' have the meaning given those terms in
ORS 465.200.
{ + NOTE: + } Makes terminology consistent in (6); updates
word choice in (8).
SECTION 143. ORS 460.165 is amended to read:
460.165. (1) Subject to ORS 460.035 (1) and 460.085 (1), the
Department of Consumer and Business Services may adopt fees that
do not exceed the maximum fees described in this subsection for
examining plans, for the inspection of elevators, for issuing or
renewing an elevator contractor's license and for processing
reports and issuing the permit for the operation of an elevator.
Fees adopted by the department are subject to approval of the
Oregon Department of Administrative Services. The maximum fees
are:
(a) For each year of an elevator contractor's license for each
place of business operated by the applicant, $195.
(b) For the submission of plans and other pertinent data, for
each elevator, $78.
(c) For each year of an inspection period for { - a - } :
(A) { + A + } dumbwaiter, sidewalk elevator, residential
elevator, residential inclinator or subveyor, $52.
(B) { + An + } escalator, lowerator, manlift, stagelift,
inclined elevator, platform hoist or moving walk, $78.
(C) { + A + } power-driven elevator with a four floor rise or
under, $78.
(D) { + A + } power-driven elevator with over a four floor
rise, but under a 10-floor rise, $98.
(E) { + A + } power-driven elevator with over 10-floor rise,
but under 20-floor rise, $124.
(F) { + A + } power-driven elevator with a 20-floor rise or
over, $147.
(d) For a callback made on a mechanism listed in subsection (c)
of this section and made by request or in the continued existence
of a defect, $52.
(e) For special inspections of hoisting or lowering mechanisms
other than elevators or under special agreement between the
department and a person requesting a special inspection, $55 per
hour for travel and inspection time.
(f) For the processing of each report of an inspection required
under the provisions of ORS 460.005 to 460.175, $20.
(g) For the inspection of an installation or alteration of an
elevator, if the total cost of the installation or alteration is:
(A) $1,000 or under, $98.
(B) Over $1,000 but under $15,000, $98 plus $13 for each $1,000
or fraction of $1,000 by which the cost exceeds $1,000.
(C) $15,000 or over but under $50,000, $280 plus $8 for each
$1,000 or fraction of $1,000 by which the cost exceeds $15,000.
(D) $50,000 or over, $553 plus $3 for each $1,000 or fraction
of $1,000 by which the cost exceeds $50,000.
(2) Whenever an owner or user of any elevator equipment fails
to pay a fee required under this section within 90 days after the
date of depositing written notification in the United States
mail, postage prepaid, and addressed to the last-known address of
said owner or user, the fee shall be considered delinquent and
the fee shall be doubled unless the owner or user of the elevator
equipment establishes to the satisfaction of the department
justification for failure to pay. The court may award reasonable
attorney fees to the department if the department prevails in an
action for the collection of a fee required by this section. The
court may award reasonable attorney fees to a defendant who
prevails in an action for the collection of a fee required by
this section if the court determines that the department had no
objectively reasonable basis for asserting the claim or no
reasonable basis for appealing an adverse decision of the trial
court.
{ + NOTE: + } Corrects lead-in grammar in (1)(c).
SECTION 144. ORS 461.110 is amended to read:
461.110. (1) Upon the request of the Oregon State Lottery
Commission or the Director of the Oregon State Lottery, the
office of the Attorney General and the Oregon State Police shall
furnish to the director and to the Assistant Director for
Security such information as may tend to { - assure - } { +
ensure + } security, integrity, honesty and fairness in the
operation and administration of the Oregon State Lottery as the
office of the Attorney General and the Oregon State Police may
have in their possession, including, but not limited to, manual
or computerized information and data.
(2) In order to determine an applicant's suitability to enter
into a contract with or to be employed by the Oregon State
Lottery, each applicant identified in this subsection shall be
fingerprinted. The Assistant Director for Security may submit to
the Department of State Police { - Bureau of Criminal
Identification - } { + bureau of criminal identification + } and
to the Federal Bureau of Investigation, for the purpose of
verifying the identity of the following persons and obtaining
records of their arrests and criminal convictions, fingerprints
of:
(a) With respect to video game retailers, each person for whom
ORS 461.300 or an administrative rule of the Oregon State Lottery
Commission requires disclosure of the person's name and address;
(b) With respect to lottery vendors and lottery contractors,
each person for whom ORS 461.410 or an administrative rule of the
Oregon State Lottery Commission requires disclosure of the
person's name and address;
(c) Applicants for employment with the Oregon State Lottery;
and
(d) With respect to other persons and entities that apply for
contracts or have contracts with the Oregon State Lottery, each
person for whom ORS 461.300 requires disclosure of the person's
name and address and for whom the Assistant Director for Security
has prepared written reasons, approved in writing by the
director, for requiring the confirmation of the person's identity
and records.
(3) For the purpose of requesting and receiving the information
described in subsections (1) and (2) of this section, the Oregon
State Lottery Commission is a state agency and a criminal justice
agency and its enforcement agents are peace officers pursuant to
ORS 181.010 to 181.712 and rules adopted thereunder.
(4) Enforcement agents, designated as such by the commission,
shall have the same authority with respect to service and
execution of warrants of arrest and search warrants as is
conferred upon peace officers of this state.
{ + NOTE: + } Improves word choice in (1); corrects title of
bureau in (2).
SECTION 145. ORS 462.150 is amended to read:
462.150. (1) If during any race meet conducted under this
chapter, there is an underpayment of the amount actually due to
any wagerer, the amount of such underpayment shall revert and
belong to the state and be paid to the Oregon Racing Commission
and become a part of its fund and shall not be retained by the
licensee under whose license such race is held.
(2) However, if any government or governmental agency imposes a
levy on the licensee, by a tax on the money so wagered and upon
or against its receipts, the licensee may collect in addition to
the { - percent - } { + percentage + } and the breaks allowed
under ORS 462.140
{ - (2) - } , the amount of the tax so levied.
{ + NOTE: + } Corrects word choice and ORS citation in (2).
SECTION 146. ORS 465.386 is amended to read:
465.386. (1) Notwithstanding the totals established in ORS
459.236, { - after July 1, 1993, - } the Environmental Quality
Commission by rule may increase the total amount to be collected
annually as a fee and deposited into the Orphan Site Account
under ORS 459.236. The commission shall approve an increase if
the commission determines:
(a) Existing fees being deposited into the Orphan Site Account
are not sufficient to pay debt service on bonds sold to pay for
removal or remedial actions at sites where the Department of
Environmental Quality determines the responsible party is unknown
or is unwilling or unable to undertake all required removal or
remedial action; or
(b) Revenues from the sale of bonds cannot be used to pay for
activities related to removal or remedial action, and existing
fees being deposited into the Orphan Site Account are not
sufficient to pay for these activities.
(2) The increased amount approved by the commission under
subsection (1) of this section:
(a) Shall be no greater than the amount needed to pay
anticipated costs specifically identified by the Department of
Environmental Quality at sites where the department determines
the responsible party is unknown, unwilling or unable to
undertake all required removal or remedial action; and
(b) Shall be subject to prior approval by 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 during the interim period between
sessions.
{ + NOTE: + } Removes obsolete provision from (1).
SECTION 147. ORS 466.510 is amended to read:
466.510. (1) Except as provided in ORS 466.515, { - beginning
January 1, 1980, - } a person shall not sell, manufacture for
sale, or use in this state an item, product or material if the
item, product or material contains a concentration of PCB equal
to or greater than 100 ppm.
(2) The commission by rule may prescribe a lower maximum
concentration of PCB for specific items, products or materials if
it finds the 100 ppm concentration specified in subsection (1) of
this section to be inadequate to protect the public health from
the toxic dangers of the PCB contained in that item, product or
material. However, an item, product or material for which a lower
maximum concentration of PCB is prescribed by federal law, rule
or regulation shall not be allowed a concentration of PCB higher
than that federal maximum.
{ + NOTE: + } Deletes obsolete provision in (1).
SECTION 148. ORS 468.110 is amended to read:
468.110. Any person adversely affected or aggrieved by any
order of the Environmental Quality Commission may appeal from
such order in accordance with the provisions of ORS chapter 183.
However, notwithstanding ORS { - 183.480 (3) - } { + 183.482
(3) + }, relating to a stay of enforcement of an agency order and
the giving of bond or other undertaking related thereto, any
reviewing court before it may stay an order of the commission
shall give due consideration to the public interest in the
continued enforcement of the commission's order, and may take
testimony thereon.
{ + NOTE: + } Corrects ORS reference.
SECTION 149. ORS 468A.160 is amended to read:
468A.160. (1) The territory of a regional authority may be
expanded in the manner provided for forming regions by inclusion
of an additional contiguous county or city if:
(a) All of the governing bodies of the participating counties
and cities adopt ordinances or resolutions authorizing the
inclusion of the additional territory; { - and - }
(b) The governing body of the proposed county or city adopts
such ordinance or resolution as would be required to form a
regional authority; and
(c) The Environmental Quality Commission approves the
expansion.
(2) Any regional authority may be dissolved by written consent
of the governing bodies of all participating counties and cities.
Upon dissolution, any assets remaining after payment of all debts
shall be divided among the participating counties and cities in
direct proportion to the total amount contributed by each.
However, all rules, standards and orders of the regional
authority shall continue in effect until superseded by action of
the commission.
{ + NOTE: + } Strikes superfluous conjunction in (1)(a).
SECTION 150. ORS 468B.555 is amended to read:
468B.555. (1) The Department of Environmental Quality shall
develop and implement a pollutant reduction trading program as a
means of achieving water quality objectives and standards in this
state. The department shall develop the program in a manner that
complies with state and federal water quality regulations and
promotes economic efficiency.
(2) In developing the program, the department shall place a
priority on trades that improve the water quality of the
Willamette River and on the following pollutants or conditions:
(a) Nitrogenous and phosphorous compounds commonly referred to
as nutrients;
(b) Sediment;
(c) Temperature;
(d) Biological oxygen demand; and
(e) Chemical oxygen demand.
(3) The department shall:
(a) Develop a procedure to assist persons entering into an
agreement to offset or trade quantities of pollutants under this
section in a manner that results in a net reduction of
pollutants, assists in meeting water quality standards and
implements total maximum daily load allocations;
(b) Provide oversight and administration of agreements entered
into under this section;
(c) Minimize administrative and technical requirements in order
to encourage and facilitate pollutant trading under this section;
and
(d) Emphasize practical procedures for pollutant trading that
can be implemented using reasonable estimations and engineering
judgment.
(4)(a) The department may assess reasonable fees to a party
engaging in pollutant reduction trading under this section to
offset its administrative costs associated with the pollutant
reduction trading program.
(b) The department shall make every effort to minimize fees to
facilitate and encourage pollutant trading.
(c) Fees collected by the department under this section shall
be deposited in the State Treasury to the credit of an account of
the department and are continuously appropriated to the
department.
(5) The department shall seek any approvals, waivers or
authorizations from the United States Environmental Protection
Agency necessary to implement the program.
(6) The department shall seek a minimum of $200,000 in federal
funding to support the program.
{ - (7) The department shall report to the Seventy-second and
Seventy-third Legislative Assemblies regarding the progress of
the program. - }
{ - (8) - } { + (7) + } This section may not be construed
to allow any activity expressly prohibited by federal law or
regulation.
{ + NOTE: + } Deletes temporary provision in (7).
SECTION 151. ORS 469.611 is amended to read:
469.611. Notwithstanding ORS chapter 401:
(1) The Director of the State Department of Energy shall
coordinate emergency preparedness and response with appropriate
agencies of government at the local, state and national levels to
ensure that the response to a radioactive material transportation
accident is swift and appropriate to minimize damage to any
person, property or wildlife. This program shall include the
preparation of localized plans setting forth agency
responsibilities for on-scene response.
(2) The director shall:
(a) Apply for federal funds as available to train, equip and
maintain an appropriate response capability at the state and
local level; and
(b) Request all available training and planning materials.
(3) The Department of Human Services shall maintain a trained
and equipped radiation emergency response team available at all
times for dispatch to any radiological emergency. Before arrival
of the { - department - } { + team + } at the scene of a
radiological accident, the Director of the State Department of
Energy may designate other technical advisors to work with the
local response agencies.
(4) The Department of Human Services shall assist the Director
of the State Department of Energy to ensure that all emergency
services organizations along major transport routes for
radioactive materials are offered training and retraining in the
proper procedures for identifying and dealing with a radiological
accident pending the arrival of persons with technical expertise.
The Department of Human Services shall report annually to the
Director of the State Department of Energy on training of
emergency response personnel.
{ + NOTE: + } Clarifies reference in (3).
SECTION 152. ORS 470.065 is amended to read:
470.065. (1) The following records, communications and
information furnished by or on behalf of the applicant under this
chapter shall be confidential and maintained as such, if so
requested in writing by the person providing the information:
(a) Personal financial statements;
(b) Financial statements of applicants;
(c) Customer lists;
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur;
(e) Production, sales and cost data;
(f) Marketing strategy information that relates to an
applicant's plan to address specific markets or the applicant's
strategy regarding specific competitors, or both; and
(g) Technical information or data related to an applicant's
proposed small scale local energy project, including but not
limited to { - , - } any description, analysis, evaluation or
projection regarding the project or a component of the project.
(2) The confidentiality provided by subsection (1)(d) of this
section does not apply to concluded litigation. Nothing in
subsection (1)(d) of this section limits any right granted by
discovery statutes to a party to litigation or potential
litigation.
{ + NOTE: + } Corrects punctuation in (1)(g).
SECTION 153. ORS 471.810 is amended to read:
471.810. (1) At the end of each month, the Oregon Liquor
Control Commission shall certify the amount of moneys available
for distribution in the Oregon Liquor Control Commission Account
{ - , - } and { + , + } after withholding such moneys as it may
deem necessary to pay its outstanding obligations { + , + } shall
within 35 days of the month for which a distribution is made
direct the State Treasurer to pay the amounts due, upon warrants
drawn by the Oregon Department of Administrative Services, as
follows:
(a) Fifty-six percent, or the amount remaining after the
distribution under subsection (4) of this section, credited to
the General Fund available for general governmental purposes
wherein it shall be considered as revenue during the quarter
immediately preceding receipt;
(b) Twenty percent to the cities of the state in such shares as
the population of each city bears to the population of the cities
of the state, as determined by the State Board of Higher
Education last preceding such apportionment, under ORS 190.510 to
190.610;
(c) Ten percent to counties in such shares as their respective
populations bear to the total population of the state, as
estimated from time to time by the State Board of Higher
Education; and
(d) Fourteen percent to the cities of the state to be
distributed as provided in ORS 221.770 and this section.
(2) The commission shall direct the Oregon Department of
Administrative Services to transfer 50 percent of the revenues
from the taxes imposed by ORS 473.030, 473.035 and 473.040 to the
Mental Health Alcoholism and Drug Services Account in the General
Fund to be paid monthly as provided in ORS 430.380.
(3) If the amount of revenues received from the taxes imposed
by ORS 473.030 for the preceding month { - were - } { +
was + } reduced as a result of credits claimed under ORS 473.047,
the commission shall compute the difference between the amounts
paid or transferred as described in subsections (1)(b), (c) and
(d) and (2) of this section and the amounts that would have been
paid or transferred under subsections (1)(b), (c) and (d) and (2)
of this section if no credits had been claimed. The commission
shall direct the Oregon Department of Administrative Services to
pay or transfer amounts equal to the differences computed for
subsections (1)(b), (c) and (d) and (2) of this section from the
General Fund to the recipients or accounts described in
subsections (1)(b), (c) and (d) and (2) of this section.
(4) Notwithstanding subsection (1) of this section, no city or
county shall receive for any fiscal year an amount less than the
amount distributed to the city or county in accordance with ORS
471.350 (1965 Replacement Part), 471.810, 473.190 and 473.210
(1965 Replacement Part) during the 1966-1967 fiscal year unless
the city or county had a decline in population as shown by its
census. If the population declined, the per capita distribution
to the city or county shall be not less than the total per capita
distribution during the 1966-1967 fiscal year. Any additional
funds required to maintain the level of distribution under this
subsection shall be paid from funds credited under subsection
(1)(a) of this section.
{ + NOTE: + } Improves punctuation in (1); corrects grammar
in (3).
SECTION 154. ORS 475A.005 is amended to read:
475A.005. As used in this chapter, unless the context requires
otherwise:
(1) 'All persons known to have an interest' means:
(a) Any person who has, prior to the time the property is
seized for forfeiture, filed notice of interest with any public
office as may be required or permitted by law to be filed with
respect to the property which has been seized for forfeiture;
(b) Any person from whose custody the property was seized; or
(c) Any person who has an interest in the property, including
all owners and occupants of the property, whose identity and
address is known or is ascertainable upon diligent inquiry and
whose rights and interest in the property may be affected by the
action.
(2) 'Attorney fees' has the meaning given that term in ORCP 68
A.
(3) 'Costs and disbursements' are those expenditures set forth
in ORCP 68 A.
(4) 'Financial institution' means any person lawfully
conducting business as:
(a) A financial institution or trust company, as those terms
are defined in ORS 706.008;
(b) A consumer finance company subject to the provisions of ORS
chapter 725;
(c) A mortgage banker or a mortgage broker as those terms are
defined in ORS 59.840, a mortgage servicing company or other
mortgage company;
(d) An officer, agency, department or instrumentality of the
federal government, including but not limited to:
(A) The Secretary of Housing and Urban Development;
(B) The Federal Housing Administration;
(C) The United States Department of Veterans Affairs;
{ - (D) The Farmers Home Administration; - }
{ + (D) Rural Development and the Farm Service Agency of the
United States Department of Agriculture; + }
(E) The Federal National Mortgage Association;
(F) The Government National Mortgage Administration;
(G) The Federal Home Loan Mortgage { - Association - } { +
Corporation + };
(H) The Federal Agricultural Mortgage Corporation; and
(I) The Small Business Administration;
(e) An agency, department or instrumentality of the state,
including but not limited to:
(A) The Housing Agency;
(B) The Department of Veterans' Affairs; and
(C) The Public Employees Retirement System;
(f) An agency, department or instrumentality of any
municipality in the state, including but not limited to such
agencies as the Portland Development Commission;
(g) An insurer as defined in ORS 731.106;
(h) A private mortgage insurance company;
(i) A pension plan or fund or other retirement plan; and
(j) A broker-dealer or investment adviser as defined in ORS
59.015.
(5) 'Forfeiting agency' means the State of Oregon or a
political subdivision thereof that has accepted for forfeiture
property seized by a seizing agency or that is processing a
forfeiture case.
(6) 'Forfeiture counsel' means an attorney designated to
represent a forfeiting agency in forfeiture actions or
proceedings.
(7) 'Law enforcement agency' means any agency { - which - }
{ + that + } employs police officers or prosecutes criminal
cases.
(8) 'Official law enforcement use' or 'official law enforcement
activity' means uses or activities { - which - } { + that + }
may reasonably be expected to result in the identification,
apprehension or conviction of criminal offenders.
(9) 'Police officer' has the meaning given that term in ORS
133.525.
(10) 'Proceeds of prohibited conduct' means property derived
directly or indirectly from, maintained by or realized through an
act or omission, and includes any benefit, interest or property
of any kind without reduction for expenses of acquiring or
maintaining it or incurred for any other reason.
(11) 'Prohibited conduct' includes violation of, solicitation
to violate, attempt to violate or conspiracy to violate any
provisions of ORS 475.005 to 475.285 and 475.805 to 475.980 when
the conduct constitutes either a felony or misdemeanor as those
terms are defined in ORS 161.525 and 161.545.
(12) 'Property' means any interest in anything of value,
including the whole of any lot or tract of land and tangible and
intangible personal property, including currency, instruments or
securities or any other kind of privilege, interest, claim or
right whether due or to become due.
(13) 'Seizing agency' means a law enforcement agency that has
seized property for forfeiture.
(14) 'Weapon' means any instrument of offensive or defensive
combat or anything used, or designed to be used, in destroying,
defeating or injuring a person.
{ + NOTE: + } Updates reference in (4)(d)(D); corrects
reference in (4)(d)(G); corrects word choice in (7) and (8).
SECTION 155. ORS 479.210 is amended to read:
479.210. As used in ORS 479.215 to 479.220, unless the context
requires otherwise, 'institution' means:
(1) A child-caring facility { - which - } { + that + }
provides residential care and { - which - } { + that + }
receives state aid under ORS 418.005 to 418.025, 418.035 to
418.185, 418.205 to 418.315 and 418.625 to 418.685;
(2) An inpatient care facility required to be licensed under
ORS 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820,
441.990, 442.342, 442.344 and 442.400 to 442.463; or
(3) A residential facility subject to licensure under ORS
443.400 to 443.455 { - and 443.991 (2) - } .
{ + NOTE: + } Corrects word choice in (1); deletes
inappropriate reference to penalty provision in (3).
SECTION 156. 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) - } { + (1) + } 'Door knock alerting device' or
'door knock device' means an approved electronic unit that alerts
a hearing impaired occupant of a knock on the door of the
sleeping room that the hearing impaired person is occupying.
{ - (4) - } { + (2) + } '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) - } { + (3) + } '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) - } { + (4) + } '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) - } { + (5) + } '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, goods, labor or other tender but are
not used as a primary residence.
{ + (6) '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 and
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. + }
{ - (8) - } { + (7) + } 'Smoke alarm for hearing impaired
persons' 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 of the presence of
fire or smoke.
{ + (8) '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). + }
(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.
{ + NOTE: + } Alphabetizes definitions; corrects grammar in
(6).
SECTION 157. ORS 479.630 is amended to read:
479.630. If the person pays the applicable examination and
license fees required under ORS 479.840 and complies with ORS
479.510 to 479.945 and the rules adopted under ORS 455.117 and
479.510 to 479.945, the Department of Consumer and Business
Services shall issue:
(1) An electrical contractor's license to a person engaging in
or carrying on a business of making electrical installations.
(2) A general supervising electrician's license to a person
who:
(a) Passes a written examination prepared by the Electrical and
Elevator Board and administered by the department; and
(b) Submits proof satisfactory to the board that the person has
had at least four years of experience as a general journeyman
electrician or its equivalent, as determined by the board by
rule, in installing, maintaining and repairing electrical wires
and equipment.
(3) A limited supervising electrician's license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to supervise the class of electrical
work included in the branch of the electrical trade and for which
the person has passed the examination administered by the
department. A person qualifies under this subsection if the
person:
(a) Passes a written examination prepared by the board and
administered by the department; and
(b) Submits proof satisfactory to the board that the person has
had at least four years of specialized experience in a recognized
branch of the electrical trade on the journeyman level.
(4) A general journeyman electrician's license to a person who:
(a) Passes a written examination prepared by the board and
administered by the department; and
(b) Submits proof satisfactory to the board that:
(A) The person has had at least four years of general
experience as an apprentice or its equivalent, as determined by
the board by rule, in installing, maintaining and repairing
electrical wires and equipment, including not fewer than 1,000
hours in wiring on single or multifamily dwelling units; or
(B) If the person is licensed as a limited residential
electrician under subsection (14) of this section, subsequent to
receiving that license, the person has worked for at least two
years as a limited residential electrician and subsequent to
those two years has completed an additional two years' experience
as an apprentice or its equivalent, as determined by the board by
rule, for that period of apprenticeship time worked exclusively
in installing, maintaining and repairing electrical wires and
equipment in the commercial and industrial branches of the
electrical trade under the supervision of a licensed electrical
contractor.
(5) A limited journeyman electrician's license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the
person has passed the examination administered by the department.
A person qualifies under this subsection if the person:
(a) Passes a written examination prepared by the board and
administered by the department; and
(b) Submits proof satisfactory to the board that the person has
had at least four years of specialized experience as an
apprentice or its equivalent, as determined by the board by rule,
in a recognized branch of the electrical trade.
(6) A limited elevator journeyman license to a person who
qualifies under this subsection. A person licensed under this
subsection is authorized to install, maintain and repair
elevators, including all electrical and mechanical systems. A
person qualifies under this subsection if the person has
completed an elevator apprenticeship program, including both
electrical and mechanical training components, approved by the
board by rule and the person submits an application for licensure
to the board in writing. A person issued a license under this
subsection is exempt from continuing education requirements
established under ORS 455.117 and 479.680.
(7) An electrical apprentice's license to a person who has
complied with ORS 660.002 to 660.210 as an electrical apprentice.
(8) An electrical apprentice's license to a trainee toward a
limited residential electrician's license who has complied with
ORS 660.002 to 660.210 as an electrical apprentice.
(9) An electrical apprentice's license to a trainee toward a
limited journeyman's license in a recognized branch of the
electrical trade who is employed by an employer who also:
(a) Employs a holder of either a general journeyman
electrician's license or a limited journeyman electrician's
license; and
(b) Conducts an electrical training program in a recognized
branch of the electrical trade approved by the board as being a
training program that will adequately prepare the trainee for the
limited journeyman's license.
(10) A limited maintenance electrician's license to a person
who qualifies under this subsection. A person licensed under this
subsection is authorized to maintain, repair and replace
electrical installations, including electrical components,
required on the premises of industrial plants, commercial office
buildings, buildings occupied by the state or a local government
entity or facilities designated by the board. The following apply
to this subsection:
(a) A person qualifies under this subsection if the person:
(A) Passes a written examination prepared by the board and
administered by the department on repair, replacement and
maintenance of equipment of the type and nature normally used in
an industrial plant, commercial office building or government
building and on the use of testing equipment; and
(B)(i) Completes a two-year training program approved by the
board that provides for training and supervision of the trainee
or apprentice; or
(ii) Submits proof satisfactory to the board that the person
has had sufficient experience and related educational training in
the repair, replacement and maintenance of electrical wiring and
equipment of the type and nature used in an industrial plant,
commercial office building or government building, as determined
by the board or by an appropriate local apprenticeship committee
recognized by the State Apprenticeship and Training Council.
(b) An annual inspection of the premises upon which electrical
work is performed by persons licensed under this subsection shall
be made by the electrical inspector for an annual fee determined
by the board by rule, based upon the time required for the
inspection, payable to the department.
(c) A person licensed under this subsection may be employed
directly by the owner, or owner's agent, of any government
building or commercial office building. A building owner or
owner's agent need not be licensed under this section to
supervise a limited maintenance electrician.
(d) The department, in consultation with the board, shall adopt
rules defining government buildings and commercial office
buildings subject to this subsection.
(11) A limited building maintenance electrician's license to a
person who qualifies under this subsection. The following apply
to this subsection:
(a) A person licensed under this subsection is authorized to
maintain, repair and replace the following electrical
installations required on the premises of commercial office
buildings, buildings occupied by the state or a local government
entity or facilities designated by the board in electrical
systems not exceeding 300 volts to ground:
(A) Electrical appliances;
(B) Light switches;
(C) Light fixtures;
(D) Fans;
(E) Receptacles; and
(F) Fluorescent ballasts.
(b) A person qualifies under this subsection if the person:
(A) Passes a written examination prepared by the board and
administered by the department on maintenance, repair and
replacement of equipment of the type and nature normally used in
a commercial office building or government building and on the
use of testing equipment; and
(B) Submits proof satisfactory to the board that the person
has:
(i) Had sufficient experience in the maintenance, repair and
replacement of electrical wiring and equipment of the type and
nature normally used in a commercial office building or
government building; or
(ii) Completed a one-year training course, with classroom and
on-the-job training components approved by the board, on the
maintenance, repair and replacement of electrical wiring and
equipment of the type and nature normally used in a commercial
office building or government building.
(c) An annual inspection of the premises upon which electrical
work is performed by persons licensed under this subsection shall
be made by the electrical inspector for an annual fee determined
by the board by rule, based upon the time required for the
inspection, payable to the department, or the inspection shall be
performed under an electrical master permit program.
(d) Building owners may perform work regulated by this
subsection and for which a license is required under this
subsection without obtaining a license.
(e) A person who owns more than 50 percent of a corporation
that controls a building is a building owner.
(f) A person licensed under this subsection may be employed by
the owner of a commercial office building or the owner's agent.
A building owner or owner's agent need not be licensed under this
section to supervise a limited building maintenance electrician.
(12) A limited maintenance specialty contractor license to a
person who qualifies under this subsection. A person licensed
under this subsection is authorized to engage in the electrical
work related to the repair, service, maintenance, installation or
replacement of existing, built-in or permanently connected
appliances, fluorescent ballasts or similar equipment and to
employ individuals to engage in that work. This subsection does
not authorize the installation of appliances, ballasts or other
equipment if there is no existing installation of similar
equipment. A person qualifies under this subsection if the person
{ - submits - } :
(a) { + Submits + } proof satisfactory to the board that the
person has had sufficient experience in the type of work
permitted under the license issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this
subsection.
(13) A limited pump installation specialty contractor license
to a person who qualifies under this subsection. A person
licensed under this subsection is authorized to engage in
electrical work related to the testing, repair, service,
maintenance, installation or replacement of new or existing pump
equipment for potable or irrigation water systems, sump pumps,
effluent pumps and ground water pumps on residential and
agricultural property { - , - } { + and + } to employ
individuals to engage in such work. A person qualifies under this
subsection if the person:
(a) Submits proof satisfactory to the board that the person has
had sufficient experience in the type of work permitted under the
license issued under this subsection; and
(b) Maintains with the board a current list of all individuals
employed by the person to engage in work permitted under this
subsection.
(14) A limited residential electrician's license to a person
who qualifies under this subsection. A person licensed under this
subsection is authorized to perform the class of electrical work
included in the branch of the electrical trade for which the
person has passed the examination administered by the department
and approved by the board. However, a person licensed under this
subsection shall perform the electrical work allowed by the
license only on single and multifamily dwelling units not
exceeding three floors above grade. For purposes of this
subsection, the first floor of a building is the floor that is
designed for human habitation and that has 50 percent or more of
its perimeter level with or above finished grade of the exterior
wall line. A person qualifies under this subsection if the
person:
(a) Has received the same number of hours of electrical safety
training as required by rule for an electrical apprentice or its
equivalent and { - who - } has received training in electrical
theory;
(b) Submits documented proof to the board of at least two years
of apprenticeship or trainee experience in residential wiring of
single and multifamily dwelling units or its equivalent, as
determined by the board by rule; and
(c) Passes a written examination prepared by the board and
administered by the department.
(15) A Class I or Class II oil module electrician's license to
a person who passes a written examination prepared by the board
and administered by the department.
(16) A limited renewable energy contractor license to a person
who:
(a) Employs at least one full-time renewable energy technician;
and
(b) Does not engage in electrical work other than work that may
be performed by a limited renewable energy technician. A limited
renewable energy contractor may not make, direct, supervise or
control the making of an electrical installation unless the
contractor is licensed for that activity.
(17) A limited renewable energy technician license to a person
who qualifies under this subsection. A person qualifies for
licensing as a limited renewable energy technician if the person
completes a two-year apprenticeship program and passes an
examination approved by the board. A person licensed under this
subsection may, while in the employ of a licensed electrical
contractor or a limited renewable energy contractor:
(a) Install, maintain, replace or repair electrical wiring and
electrical products that convey or operate on renewable
electrical energy not exceeding 25 kilowatts AC; and
(b) Make electrical installations not exceeding 25 kilowatts
AC:
(A) On devices using renewable energy involving wind, solar
energy systems, micro-hydroelectricity, photovoltaic systems or
fuel cells.
(B) Up to the load side of an inverter.
(C) To connect generators that are sized to facilitate the
inverter in an off-grid system.
{ + NOTE: + } Fixes read-in in (12) and (14)(a); corrects
syntax in (13).
SECTION 158. ORS 480.095 is amended to read:
480.095. Persons violating ORS 480.085 { - shall be
liable - } { + are subject + } to the penalty provided in ORS
480.990 (4) and { - shall also be - } { + are + } liable in
civil action for damages to any person suffering injury from
handling or otherwise coming in contact with unused explosives
{ - which - } { + that + } are left in an area of use in
violation of ORS 480.085, regardless of any negligence or lack of
negligence on the part of the defendant.
{ + NOTE: + } Corrects word choice.
SECTION 159. ORS 480.210 is amended to read:
480.210. (1) A person may not possess an explosive unless:
(a) The person has in immediate possession at all times during
the possession of the explosive a valid certificate of possession
issued to the person under ORS 480.235; or
(b) The person is licensed by the Bureau of Alcohol,
Tobacco { + , + }
{ - and - } Firearms { + and Explosives + } to be a
manufacturer of explosives, a dealer in explosives or the
authorized agent of such a manufacturer or dealer.
(2) A person in possession of an explosive shall display a
certificate of possession upon the demand of the issuing
authority, a magistrate or a law enforcement agency, public fire
department or fire protection agency of this state.
(3) It is a defense to a charge under subsection (1) of this
section that the person so charged produce in court:
(a) A certificate described in subsection (1)(a) of this
section that was valid at the time of the arrest of the person;
or
(b) Proof that the person is licensed by the Bureau of Alcohol,
Tobacco { + , + } { - and - } Firearms { + and Explosives + }
to be a manufacturer of explosives, a dealer in explosives, or
the authorized agent of such a manufacturer or dealer.
{ + NOTE: + } Corrects references in (1)(b) and (3)(b).
SECTION 160. ORS 480.215 is amended to read:
480.215. Possession of an explosive shall not be transferred
unless:
(1) The transferee holds a certificate of possession under ORS
480.235 and the certificate is valid at the time of the transfer;
(2) The transferee is licensed by the Bureau of Alcohol,
Tobacco { + , + } { - and - } Firearms { + and Explosives + }
as a manufacturer of explosives or a dealer in explosives; or
(3) The transferee is a consignee of explosives that have been
transported under the jurisdiction of or in conformity with
regulations adopted by the United States Department of
Transportation.
{ + NOTE: + } Corrects reference in (2).
SECTION 161. ORS 480.244 is amended to read:
480.244. (1) A person may store explosives only in an
explosives magazine that has been issued a certificate of
registration by the State Fire Marshal.
(2) An application for a certificate of registration shall be
submitted on a form approved by the State Fire Marshal and shall
contain all information required by rule of the State Fire
Marshal, including but not limited to the magazine location and
structural information.
(3) The State Fire Marshal may establish by rule and collect
application and registration fees in an amount necessary to cover
the cost of administering the magazine registration program.
(4) Except as provided in subsection (5) of this section, prior
to issuing a certificate of registration, the State Fire Marshal
shall inspect the magazine to ensure that the magazine complies
with the rules established by the State Fire Marshal under ORS
480.280. The State Fire Marshal shall issue a certificate of
registration for the magazine unless the State Fire Marshal finds
that the magazine does not comply with the rules and regulations
adopted by the State Fire Marshal. Denial of a certificate of
registration shall be in accordance with subsection (9) of this
section.
(5) The State Fire Marshal may substitute for its own
inspection of the magazine as required under subsection (4) of
this section an inspection completed by the Bureau of Alcohol,
Tobacco, { - and - } Firearms { + and Explosives + }. The
State Fire Marshal shall establish criteria for when the Bureau
of Alcohol, Tobacco,
{ - and - } Firearms { + and Explosives + } inspection may
substitute for the State Fire Marshal inspection.
(6) A certificate of registration shall be valid for two years
unless suspended or revoked as provided under subsection (9) of
this section.
(7) An application for the renewal of a certificate of
registration shall be accompanied by any application fee
established by the State Fire Marshal. A person who applies to
renew a certificate before the person's current certificate
expires does not need to retake the safety examination described
under ORS 480.225 (1)(j). Each magazine shall be reinspected
prior to renewal of the certificate of registration.
(8) If a magazine required to be registered under this section
is relocated, the person responsible for the magazine shall
notify the State Fire Marshal within 24 hours of the relocation.
Upon receiving notification under this subsection, the State Fire
Marshal shall notify the fire department or fire protection
agency having jurisdiction over the new location.
(9) The State Fire Marshal may deny, suspend or revoke a
certificate of registration if the State Fire Marshal finds that
the magazine is ineligible for a certificate of registration. If
the State Fire Marshal denies, suspends or revokes the
certificate of registration, the issuing authority shall issue a
notification of denial, suspension or revocation, subject to ORS
480.275.
(10) The issuing authority may revoke the certificate of
registration for failure to comply with any provision of ORS
480.200 to 480.290.
{ + NOTE: + } Corrects references in (5).
SECTION 162. ORS 480.530 is amended to read:
480.530. The Department of Consumer and Business Services may:
(1) Where it appears that a person is engaging in or is about
to engage in an act or practice in violation of any provision of
ORS 480.510 to 480.670, obtain without furnishing a bond, a
restraining order and injunction from the circuit court in the
county where the act or practice is occurring, or is threatened,
enjoining the act or practice. However, before obtaining a
restraining order and injunction, unless the act or practice
constitutes an immediate threat to health and safety, the
department shall first notify the person concerned of
{ - its - } { + the department's + } intentions. The notice
shall be in writing { + , + } { - and - } shall advise the
person concerned of { - its - } { + the department's + }
intentions and shall advise the person concerned of the right to
appeal in writing within 10 days and that the appeal will be
heard by the Board of Boiler Rules. In case there is a timely
request for an appeal, proceedings will be stayed pending the
appeal, unless the act or practice constitutes an immediate
menace to health or safety or the person concerned fails to
prosecute the appeal with diligence.
(2) Keep a complete record of the types, dimensions, maximum
allowable working pressures, age, location and date of the last
recorded inspection of all boilers and pressure vessels to which
ORS 480.510 to 480.670 apply.
(3) Publish and distribute copies of the rules and regulations.
(4) Check or cause to be checked the authenticity,
appropriateness and expiration dates of licenses and certificates
issued under ORS 480.510 to 480.670.
(5) Administer written, oral or practical examinations to all
applicants for certification as chief { + boiler + } inspector,
deputy inspector or special inspector under ORS 480.565.
{ + NOTE: + } Clarifies pronouns and improves syntax in (1);
clarifies title in (5).
SECTION 163. ORS 480.540 is amended to read:
480.540. (1) The term of office of a member { + of the Board
of Boiler Rules + } is four years and no member shall be eligible
for appointment to more than two full terms of office. A member
shall continue to serve until a successor has been appointed and
qualified. Vacancies shall be filled by appointment for the
unexpired term.
(2) In addition to ORS 480.545 and 480.615, the Board of Boiler
Rules shall be governed by the following { - rules - } :
(a) The board shall meet not less than four times a year.
(b) The chief { + boiler + } inspector shall serve without a
vote as secretary of the board.
(c) The Governor may remove any member of the board for cause.
(3) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
{ + NOTE: + } Clarifies reference in (1); removes unnecessary
word in (2) lead-in; clarifies title in (2)(b).
SECTION 164. ORS 480.555 is amended to read:
480.555. (1) Except as provided in ORS 480.525 (1),
{ - no - } { + a + } person { - shall - } { + may not + }:
(a) Make or direct the construction, installation, repair or
alteration of a boiler or pressure vessel { - which - } { +
that + } does not meet minimum safety standards.
(b) Lend, rent out, or offer to lend or to rent out, sell,
offer for sale, or dispose of by gift or otherwise, for
operation, a boiler or pressure vessel that does not meet the
minimum safety standards.
(c) Use, or attempt to use, a boiler or pressure vessel that
fails to meet the minimum safety standards.
(d) Make any installation of a boiler or pressure vessel or
repair thereon affecting the strength or safety thereof without
notifying the chief { + boiler + } inspector as prescribed by
rules promulgated under ORS 480.545.
(2) Nothing in this section { - shall restrict - } { +
restricts + } the construction of boilers or pressure vessels in
Oregon { - which - } { + that + } are installed outside
Oregon { - which - } { + and that + } do not conform to the
provisions of ORS 480.510 to 480.670.
{ + NOTE: + } Improves word choice in (1) lead-in, (1)(a) and
(2); clarifies title in (1)(d).
SECTION 165. ORS 480.565 is amended to read:
480.565. The Director of { + the + } Department of Consumer
and Business Services shall:
(1) Appoint a chief { + boiler + } inspector who has had
practical experience in the construction, maintenance, repair or
operation of high pressure boilers and pressure vessels as a
mechanical engineer, practical steam operating engineer,
boilermaker or boiler inspector and who:
(a) Has passed a written examination { + , + } which shall be
confined to questions the answers to which will aid in
determining the fitness and competency of the applicant to
inspect boilers and pressure vessels; or
(b) Holds a certificate of competency as an inspector of
boilers and pressure vessels { - which is - } issued by a
state { - which - } { + that + } has standards of examination
equal to those of the State of Oregon and { - which - } { +
that + } recognizes certificates of competency issued by the
State of Oregon { + , + } and has passed an examination that
assesses the applicant's knowledge of ORS 480.510 to 480.670 and
the rules adopted thereunder.
(2) Appoint deputy inspectors who shall be responsible to the
chief { + boiler + } inspector and who shall have qualified as
provided in subsection (1) of this section, except that less
practical experience shall be required.
(3) Issue a certificate of competency as a special inspector to
any individual who { - shall have qualified - } { +
qualifies + } as provided in subsection (1) of this section,
except that no more practical experience shall be required than
is required of a deputy inspector, and who is continuously
employed by:
(a) An insurer who may and does write policies of boiler and
pressure vessel insurance in Oregon; or
(b) Any person operating pressure vessels in this state whose
service, personnel, equipment and supervision meet the
requirements prescribed by the Board of Boiler Rules.
{ + NOTE: + } Corrects title in lead-in; clarifies title in
(1) and (2); improves punctuation in (1)(a) and (b); improves
word choice in (1)(b) and (3).
SECTION 166. ORS 480.580 is amended to read:
480.580. (1) The chief { + boiler + } inspector or any deputy
inspector may, at all reasonable hours, in performance of the
duties imposed by the provisions of ORS 480.510 to 480.670, enter
into all buildings and upon all premises, except private
residences, for the purpose of inspecting any boiler or pressure
vessel { - which - } { + that + } is covered by ORS 480.510
to 480.670 and
{ - which - } { + that + } the chief { + boiler + }
inspector or the deputy inspector has reasonable cause to believe
is located therein.
(2) No person shall interfere with or prevent any such
inspection by { - such inspectors - } { + the chief boiler
inspector + } or { + a + } deputy { - inspectors - } { +
inspector + }.
{ + NOTE: + } Clarifies title and improves word choice.
SECTION 167. ORS 480.615 is amended to read:
480.615. (1) The Board of Boiler Rules shall hear the appeal of
an appellant who { + :
(a) + } Has filed a timely written request and { + : + }
{ - who - }
{ - (a) - } { + (A) + } Has received notice that a
restraining order or injunction will be sought { - , or - }
{ + ; + }
{ - (b) - } { + (B) + } Has received notice that a permit
will be suspended or revoked { - , - } { + ; + } or
{ - (c) - } { + (C) + } Is affected by either of such
notices { - . The board shall likewise hear the appeal of an
appellant who - } { + ; or
+ } { + (b) + } Has filed a written request and who has
reason to desire a change in the minimum safety standards or the
rules.
(2) The board shall set the time and place for hearing and give
the appellant 10 days' written notice.
(3) All appeals shall be heard within three months of receipt
of the request { - . Provided, if - } { + unless an + }
immediate menace to health or safety is involved, { + in which
case + } the appeal shall be heard within 20 days of receipt of
the request.
(4)(a) Two or more appeals may be consolidated for hearing, if
based upon substantially the same facts.
(b) The board and the appellant may subpoena
witnesses { + , + } who shall receive the same compensation and
mileage pay as circuit court witnesses.
(c) A written or recorded record shall be kept.
{ + NOTE: + } Restructures (1) to conform to legislative
style; updates word choice in (3); corrects punctuation in
(4)(b).
SECTION 168. ORS 480.630 is amended to read:
480.630. (1) A person engaging in the business of installing,
repairing or altering boilers or pressure vessels must possess a
boiler contractor license issued by the Department of Consumer
and Business Services.
(2) A person who installs, repairs or alters boilers or
pressure vessels as the employee or agent of a business engaged
in the installation, repair or alteration of boilers or pressure
vessels must possess an employee or agent license issued by the
department.
(3) The chief { + boiler + } inspector may conduct
examinations for licensing an employee or agent of a business to
establish the competency of the applicant.
(4) Licenses shall be issued and renewed by the department as
provided by rules adopted under ORS 455.117 by the Board of
Boiler Rules upon payment of a fee of $25 for each application
for an employee or agent license and $150 for each application
for a boiler contractor license.
(5) A person required to be licensed under this section may not
install, alter or repair a boiler or pressure vessel unless an
appropriate permit is first secured from the department. Permits
shall be issued only to persons possessing a valid boiler
contractor license or as provided by the department by rule. A
permit fee of $15 shall be paid directly to the department.
(6) In the case of an emergency, a permit under subsection (5)
of this section is not required in advance for boiler or pressure
vessel installations or repair, if an application accompanied by
the appropriate fee for a permit is submitted to the department
within five days after the commencing of the boiler or pressure
vessel work.
(7) The license and examination requirements of this section do
not apply when a person is brought in from out of state to repair
or alter a boiler or pressure vessel utilizing special tools or a
special process for which that person is uniquely qualified. The
activity shall be limited solely to the special process and the
person performing the work shall have qualifications that meet or
exceed license standards as determined by the chief boiler
inspector. The chief boiler inspector shall be notified prior to
performance of any work under this subsection.
(8) If a license issued under subsection (4) of this section is
of a class that authorizes a person to perform work equivalent to
that performed by pressure vessel installers, building service
mechanics, boilermakers or pressure piping mechanics, the person
must complete eight hours of board-approved continuing education
every year.
{ + NOTE: + } Clarifies title in (3).
SECTION 169. ORS 496.275 is amended to read:
496.275. (1) The Legislative Assembly hereby declares the
necessity to review all options and means for the protection and
restoration of Oregon's salmon resource that promote local
economic development and enjoyment by all the citizens of Oregon.
Options and means shall include operation of salmon production
facilities, in cooperation with the State Department of Fish and
Wildlife, by both public and private nonprofit agencies as well
as by public local partnerships, to meet local production and
harvest needs as well as to help restore and maintain natural
salmon spawning populations. Such cooperative production projects
shall be operated using scientifically sound hatchery practices
and shall be consistent with objectives to protect and restore
natural fish production.
(2) The State Department of Fish and Wildlife shall:
(a) Review and revise existing state administrative rules so
that the different forms of hatchery production are recognized as
a necessary and critical element in the state's salmon production
system in order to provide harvest opportunities for Oregon's
citizens. In so doing, the department shall identify low natural
production areas and, using genetically compatible stocks
approved by the department, encourage volunteer efforts such as
the salmon and trout enhancement program to maintain and to
enhance production.
(b) Identify existing private and public salmon production
facilities that are currently either underutilized or subject to
decommissioning and that may be appropriate for other forms of
operation.
(c) Inventory other appropriate local sites, identify possible
types of production facilities, recommend stock selection and
release size, and assist in securing the acquisition of brood
stock approved by the department that maximizes local production.
(d) Investigate and implement ways to improve hatchery smolt
survival and reduce predation by such means as night releases,
net pen acclimation, alternate release sites, volitional and
other release strategies, transport and other means that may be
effective and consistent with the conservation of native salmon
and genetic resources.
(e) Make recommendations on methods by which operations of
facilities referred to in { - subsections (2) to (4) - } { +
this subsection and subsection (3) + } of this section can
generate revenue for sustainable production, including but not
limited to state bonding, license surcharges, ad valorem taxes,
local economic development funds, service districts, sale of
excess eggs and salmon, and gifts, grants and donations.
(f) Identify needed monitoring and evaluation activities to
ensure protection of natural spawning fish populations and to
assess the contribution of such cooperative projects to public
fisheries.
(g) Assist in developing, for department approval, plans of
operation for such cooperative hatchery projects consistent with
applicable rules and standards of sound, scientific fish
management practice.
(3) The department shall encourage and assist in planning
hatchery facilities that seek to implement innovative plans or
programs designed to meet production for harvest needs consistent
with conservation objectives.
{ - (4) The department shall make a report on its activities
under subsections (2) to (4) of this section to an appropriate
interim committee of the Legislative Assembly by September 1,
1996. - }
{ - (5) - } { + (4) + } The State Fish and Wildlife
Commission shall approve, prior to implementation, operational
plans for any fish propagation facilities operated by contractor
agreement with other state or federal agencies, local
governments, special districts and nonprofit organizations.
{ + NOTE: + } Updates internal reference in (2)(e); removes
obsolete provision in (4).
SECTION 170. ORS 507.050 is amended to read:
507.050. The State Fish and Wildlife Director, one legislator
appointed as provided in this section and one public member
appointed by the Governor { - , - } shall act as { - the
representative - } { + representatives + } of the State of
Oregon on the Pacific Marine Fisheries Commission in accordance
with the provisions of and with the powers and duties in the
compact set forth in ORS 507.040. The legislative member shall be
appointed by the President of the Senate or the Speaker of the
House of Representatives from among those legislators who, at the
time of appointment, are serving on the Pacific { - States - }
{ + Fisheries + } Legislative { - Fishery - } Task Force.
The legislative member shall serve for a term of four years.
{ - For calendar year 1987, the Speaker of the House of
Representatives shall appoint the legislative member, and
thereafter - } The Speaker of the House of Representatives and
the President of the Senate shall alternate in making the
appointment of the legislative member.
{ + NOTE: + } Corrects syntax and title of task force;
removes obsolete provision.
SECTION 171. ORS 530.030 is amended to read:
530.030. (1) The county court or board of county commissioners
of any county may convey to the state for state forests any lands
heretofore or hereafter acquired by such county through
foreclosure of tax liens, or otherwise, { - which - } { +
that + } are within the classification of lands authorized to be
acquired under ORS 530.010, if the { + State + } Board { + of
Forestry + } deems such lands necessary or desirable for
acquisition, in consideration of the payment to such county of
the percentage of revenue derived from such lands as provided in
ORS 530.110. In connection with any such conveyance { + , + } the
{ + State + } Board { + of Forestry + } shall have authority to
make equitable adjustments with any county of accrued delinquent
fire patrol liens on lands heretofore or hereafter acquired by
such county by foreclosure of tax liens.
(2) As to such lands acquired by the { + State + } Board { +
of Forestry + } with title to the timber remaining in the county
for a designated period of time, the State Forester may enter
into contracts with the county to supervise the removal and sale
of such timber { + , + } and under such contracts the gross
proceeds of the sale thereof shall be disposed of as follows:
(a) Ten percent of such gross proceeds shall be paid into the
State Treasury and credited to the State Forestry Department
Account and shall be used exclusively for the purposes and under
the limitations set out in ORS 530.110 (1)(a).
(b) A percentage of such gross proceeds shall be accepted by
the State Forester, pursuant to written contract with the county
authority, as compensation for the supervision and management of
county-owned timber { - ; - } { + . + } The moneys so derived
shall be paid into the State Treasury and credited to the State
Forestry Department Account and shall be used exclusively for the
supervision and management of state forests acquired pursuant to
ORS 530.010.
{ + NOTE: + } Clarifies references in (1) and (2); improves
word choice in (1); improves punctuation in (1), (2) and (2)(b).
SECTION 172. ORS 530.040 is amended to read:
530.040. (1) It is desirable that lands acquired under the
provisions of ORS 530.010 shall be consolidated in areas wherever
possible through exchanges of land. It is recognized that the
management of state forests will be more economically feasible
through such consolidation.
(2) In order to accomplish the objectives of subsection (1) of
this section, the { + State + } Board { + of Forestry + } may
exchange any land acquired under the provisions of ORS 530.010,
or may exchange the timber on such land, for land of
approximately equal aggregate value, situated in the same county,
when such exchange is in furtherance of the purposes of ORS
530.010 { - ; provided, - } { + . + } However, the
{ + State + } Board { + of Forestry + } may exchange land or
timber situated in one county or counties for land situated in
another county or counties if such exchange is first approved by
the county court or board of county commissioners of each county
involved { - ; and provided further, that - } { + . + } Either
party to any such exchange may make reservations of easements,
rights of use and other interests and rights. Under the authority
granted in this section { + , + } the { + State + } Board { +
of Forestry + } may provide or receive, in addition to land to be
exchanged, a monetary consideration where necessary to make the
values comply with this subsection.
(3) Before making any such exchange { + , + } the { +
State + } Board { + of Forestry + } shall hold a hearing thereon
at the courthouse of the county in which such lands are situated
and shall give notice of the time and place thereof by
publication in two successive issues of a newspaper of general
circulation published in such county. The notice shall contain a
description of the lands to be given and to be received in the
proposed exchange. However, no such exchange shall be made until
the title to the lands to be received has been approved by the
Attorney General.
(4) All lands received in exchange shall have the same status
and be subject to the same provisions of law as the lands given
in exchange therefor.
{ + NOTE: + } Clarifies references and improves punctuation
in (2) and (3).
SECTION 173. ORS 530.170 is amended to read:
530.170. Revenues from lands acquired by the state pursuant to
section 5, chapter 478, Oregon Laws 1939, shall be disposed of as
provided by law at the time of such acquisition { - ; provided
that - } { + . However, + } the county court or board of county
commissioners of any county from which such lands were acquired
may, by resolution duly made and entered, and delivery of a
certified copy thereof to the { + State + } Board { + of
Forestry + }, elect to have such revenues disposed of as provided
in ORS 530.110 (1).
{ + NOTE: + } Remedies run-on sentence; clarifies reference.
SECTION 174. ORS 530.490 is amended to read:
530.490. (1) Notwithstanding the provisions of any other law,
or authority granted thereunder, after the { - board - } { +
State Board of Forestry and State Land Board + } resolutions and
legal descriptions are filed with the Secretary of State as
required by ORS 530.480, the State Forester hereby shall be
authorized, under the supervision of the State Board of Forestry
and the regulations of
{ - said - } { + that + } board, to manage, control and
protect the Common School Forest Lands. Also, notwithstanding the
provisions of any other law, or authority granted thereunder, the
State Forester hereby is authorized, under the supervision of the
State Board of Forestry and the regulations of { - said - }
{ + that + } board, to manage, control and protect the Elliott
State Forest Lands. In each instance the State Forester shall
manage, control and protect such forests and forestlands so as to
secure the greatest permanent value of the lands to the whole
people of the State of Oregon, particularly for the dedicated
purposes of the lands and the common schools to which the
resources of the lands are devoted.
(2) Easements on, over and across the Common School Forest
Lands and the Elliott State Forest Lands may be granted as
follows:
(a) Permanent easements determined by the State Forester and
State Board of Forestry as necessary to accomplish the dedicated
purposes of such lands may be granted by the Department of State
Lands.
(b) Easements other than permanent may be granted by the State
Forester under joint rules of the State Board of Forestry and
Department of State Lands.
(3) The authority granted the State Forester in this section
shall not supersede the authority of the Department of State
Lands to grant easements on or leases for the Common School
Forest Lands and Elliott State Forest Lands for grazing purposes
or for the exploration and development of minerals, oil or gas,
and any consideration received by the Department of State Lands
therefor shall be excepted from the provisions of ORS 530.520
{ - ; provided, - } { + . + } However, the Department of State
Lands shall cooperate with the forestry program of the State
Forester in granting such easements and leases and make
provisions therein for continuing the primary purposes for which
such land has been dedicated.
{ + NOTE: + } Sets out full titles and improves word choice
in (1); cures run-on sentence in (3).
SECTION 175. ORS 530.628 is amended to read:
530.628. (1) ORS 530.600 to 530.628 contain complete authority
for the organization of a community forest authority and for the
issuance and sale of revenue bonds, including refunding revenue
bonds, and other revenue obligations.
(2) { - ORS 288.320 and - } ORS chapters 198, 279A, 279B and
294 do not apply to the organization of an authority and the
issuance and sale of revenue bonds pursuant to ORS 530.600 to
530.628.
(3) Nothing in ORS 530.600 to 530.628 restricts or limits a
power that an authority has under a law of this state or the
charter of the municipality creating the authority except as
explicitly provided in ORS 530.600 to 530.628.
{ + NOTE: + } Deletes reference to repealed statute in (2).
SECTION 176. ORS 543.017 is amended to read:
543.017. (1) In order to carry out the policy set forth in ORS
543.015, the following minimum standards shall apply to any
action of the Water Resources Commission relating to the
development of hydroelectric power in Oregon:
(a) The anadromous salmon and steelhead resources of Oregon
shall be preserved. The commission shall not approve activity
that may result in mortality or injury to anadromous salmon and
steelhead resources or loss of natural habitat of any anadromous
salmon and steelhead resources except when an applicant proposes
to modify an existing facility or project in such a manner that
can be shown to restore, enhance or improve anadromous fish
populations within that river system.
(b) Any activity related to hydroelectric development shall be
consistent with the provisions of the Columbia River Basin Fish
and Wildlife Program providing for the protection, mitigation and
enhancement of the fish and wildlife resources of the region as
adopted by the Pacific Northwest Electric Power and Conservation
Planning Council pursuant to Public Law 96-501.
(c) Except as provided in this paragraph, no activity may be
approved that results in a net loss of wild game fish or
recreational opportunities. If a proposed activity may result in
a net loss of any of the above resources, the commission may
allow mitigation if the commission finds the proposed mitigation
in the project vicinity is acceptable. Proposed mitigation
{ - which - } { + that + } may result in a wild game fish
population { + , + } or the fishery the wild game fish population
provides, being converted to a hatchery dependent resource is not
acceptable mitigation. A water dependent recreational opportunity
must be mitigated by another water dependent recreational
opportunity. Mitigation of water dependent recreational
opportunities { - which - } { + that + }, in the judgment of
the commission, are of statewide significance with a recreational
opportunity that is readily available on other waters of this
state is not acceptable mitigation. In deciding whether
mitigation is acceptable, the commission shall consult with other
local, state and federal agencies.
(d) Other natural resources in the project vicinity { + , + }
including water quality, wildlife, scenic and aesthetic values,
{ + and + } historic, cultural and archaeological sites, shall
be maintained or enhanced. No activity may be approved
{ - which - } { + that + }, in the judgment of the commission
after balancing gains and losses to all affected natural
resources, may result in a net loss of natural resources. In
determining whether the proposed activity may result in a net
loss of natural resources, the commission may consider mitigation
if the commission determines the proposed mitigation in the
project vicinity is acceptable. Mitigation may include
appropriate measures considered necessary to meet the net loss
standard. In determining whether mitigation is
acceptable { + , + } the commission shall consult with
appropriate state, federal and local agencies.
(e) In determining whether it is in the public interest to
allocate water for a proposed hydroelectric development, the
commission shall consider present and future power needs and
shall make a finding on the need for the power. For a
hydroelectric project with a nominal electric generating capacity
of 25 megawatts or more, the Water Resources Commission shall
consider any recommendation by the Energy Facility Siting
Council. The Energy Facility Siting Council's recommendation
shall be based solely on information contained in the hearing
record of the Water Resources Commission. The commission's order
on the proposed hydroelectric development shall describe the
Energy Facility Siting Council's recommendations on the need for
the power. If the commission's decision on the need for power is
contrary to the Energy Facility Siting Council's recommendation,
the commission's order shall explain the commission's failure to
follow the recommendation of the Energy Facility Siting Council.
The commission also shall consult with the Energy Facility Siting
Council on other matters within the expertise of the Energy
Facility Siting Council.
(2) The commission shall adopt all necessary rules to carry out
the policy set forth in ORS 543.015 and to implement the minimum
standards set forth in subsection (1) of this section. In the
absence of implementing rules, any action of the commission
relating to hydroelectric development shall comply with the
standards as set forth in this section.
(3) Nothing in this section limits the authority of any state
agency to make recommendations regarding appropriate license
conditions during the consideration of the issuance of a license
or permit for an existing hydroelectric project.
{ - (4) The Water Resources Department and other state
agencies shall not apply subsections (1) and (2) of this section
to existing water rights or state licenses for existing
hydroelectric facilities until January 1, 1998. - }
{ + NOTE: + } Improves grammar and punctuation in (1)(c) and
(d); removes obsolete provision in (4).
SECTION 177. ORS 561.144 is amended to read:
561.144. (1) The State Treasurer shall establish a Department
of Agriculture Service Fund { + , + } which shall be a trust fund
separate and distinct from the General Fund. The State Department
of Agriculture shall deposit all license and service fees paid to
it under the provisions of the statutes identified in subsection
(3) of this section in the Department of Agriculture Service
Fund. The State Treasurer is the custodian of this trust
fund { + , + } which shall be deposited by the treasurer in such
depositories as are authorized to receive deposits of the General
Fund, and which may be invested by the treasurer in the same
manner as authorized by ORS 293.701 to 293.820.
(2) Interest received on deposits credited to the Department of
Agriculture Service Fund shall accrue to and become a part of the
Department of Agriculture Service Fund.
(3) The license and service fees subject to this section are
those described in ORS 561.400, 570.710, 571.057, 571.063,
571.145, 583.004, 583.046, 583.445, 583.510, 583.610, 585.050,
586.270, 586.580, 586.650, 596.030, { + 596.100, + } 596.311,
599.235, 599.269, 599.406, 599.610, 601.040, 602.090, 603.025,
603.075, 616.706, 618.115, 618.136, 619.031, 621.072, 621.166,
621.266, 621.297, 621.335, 621.730, 622.080, 625.180, 628.240,
632.211, 632.425, 632.600, 632.720, 632.730, 632.741, 632.940,
632.945, 633.015, 633.029, 633.318, 633.362, 633.461, 633.471,
633.680, 633.700, 633.720, 634.016, 634.116, 634.122, 634.126,
634.132, 634.136, 634.212 and 635.030.
{ + NOTE: + } Improves punctuation in (1); adds relevant
section to (3) (see 596.100).
SECTION 178. ORS 571.057 is amended to read:
571.057. (1) Each person required to be licensed by ORS 571.055
shall make application for such license { + , + } or for renewal
thereof, on a form furnished by the State Department of
Agriculture { + , + } which shall contain:
(a) The name and address of the applicant { - ; - } { + , + }
the number of locations to be operated by the applicant and the
addresses thereof { - ; - } { + , + } and the assumed business
name of the applicant;
(b) If other than an individual, a statement whether such
person is a partnership, corporation or other organization;
(c) The gross dollar volume of sales or purchases of nursery
stock by the applicant within Oregon during the prior calendar
year { - , - } or { + , + } if the applicant maintains sales
records on a fiscal basis, the prior fiscal year; and
(d) The type of business to be operated and, if applicant is an
agent, the principals the applicant represents.
(2) Each application for license shall be accompanied by a
license fee as provided for by this section and any amounts
required by ORS 571.075 (3). Such application shall not be a
public record but shall be subject to audit and review by the
department. An applicant for an original license or for a renewal
license, without a full calendar year of prior nursery stock
sales or purchase experience upon which to base the fees, shall
base such fees on an estimated annual gross dollar volume of
sales or purchases of nursery stock by the applicant.
Notwithstanding the provisions of ORS 571.075, upon application
by such person for a renewal of license for a subsequent year,
the fees for the previous license year shall be adjusted to
reflect the actual annual gross dollar volume of sales or
purchases of nursery stock by such applicant. Any additional fees
found to be due shall be paid to the department at the time of
application for renewal of license, or the department shall
refund any overpayment found to be due the applicant.
(3)(a) { - For license years beginning on and after July 1,
1995, - } The license fees for growers and dealers shall be
established by the department after consulting with the State
Nursery Research and Regulatory Committee and after public
hearing in accordance with ORS chapter 183. Such fees shall be
established on the basis of annual gross dollar volume of sales
or purchases of nursery stock within Oregon for the calendar year
immediately preceding the license period.
(b) The license fees shall not be less than $65 nor more than
$20,000. The millage rate shall be not less than one-tenth mill
nor more than 5 mills. The fees shall be established in such
amount as shall be sufficient to allow the department to
administer and enforce the provisions of ORS 564.040, 564.991,
571.005 to 571.230 and 571.991.
(c) { - For license years beginning July 1, 1994, and
thereafter, - } In addition to and at the time of payment of the
annual license fee, growers and dealers shall pay assessments for
the expenses of carrying out the provisions of ORS 571.230 (2)
and (3). Dealers shall pay 0.0002 times the gross dollar
purchases in the previous license year. Growers shall pay 0.0002
times the gross dollar sales in the previous license year. In no
event shall the assessment be less than $10.
(4) For florists and landscape contractors, dealer and agent
fees will be computed on the basis of gross purchases of plants.
For greenhouse operators and growers, including persons
collecting native plants, fees will be computed on the basis of
gross sales of plants or sales value of plants produced in
Oregon.
(5) Each grower or dealer shall be entitled to one sales
location under the license of the grower or dealer. Each
additional sales location, yard, branch store, stall or peddling
vehicle maintained by such person shall require the payment of
the full license fee for each of such additional sales outlets. A
grower who is also a dealer shall be licensed only as a grower.
{ + NOTE: + } Fixes punctuation in (1), (1)(a) and (c);
removes obsolete provisions in (3)(a) and (c).
SECTION 179. ORS 578.090 is amended to read:
578.090. (1) Consistent with the general purposes of this
chapter, the Oregon Wheat Commission shall establish the policies
to be followed in { - the accomplishments of such - } { +
accomplishing those + } purposes.
(2) In the administration of this chapter { + , + } the
commission has the following duties, authorities and powers:
(a) To conduct a campaign of research, education and publicity.
(b) To find new markets for wheat and wheat products.
(c) To give, publicize and promulgate reliable information
showing the value of wheat and wheat products for any purpose for
which it is found useful and profitable.
(d) To make public and encourage the widespread national and
international use of the special kinds of wheat and wheat
products produced from the special varieties of wheat grown in
Oregon.
(e) To investigate and participate in studies of the problems
peculiar to the producers of wheat in Oregon.
(f) To take such action as the commission deems necessary or
advisable in order to stabilize and protect the wheat industry of
the state and the health and welfare of the public.
(g) To lease, purchase or own the real or personal property
deemed necessary in the administration of this chapter.
(h) To establish a reasonable per diem allowance, in addition
to expenses under ORS 578.060, to members of the commission while
actually engaged in the performance of their official duties,
including necessary travel time.
(3) In addition to exercising the powers listed in subsection
(2) of this section, the commission may exercise the same powers
that a commodity commission may exercise under ORS 576.304.
{ + NOTE: + } Corrects grammar in (1); properly punctuates
(2).
SECTION 180. ORS 583.425 is amended to read:
583.425. (1) Except as provided by subsection (2) of this
section, the provisions of ORS chapter 183 apply to ORS 583.001,
583.004, 583.021, 583.028 and 583.410 to 583.565, { + to + }
rules promulgated thereunder and to the appeal of any person
aggrieved thereby. Before any order is promulgated, the State
Department of Agriculture shall hold at least one public hearing.
All hearings shall be public hearings { + , + } and testimony
shall be given under oath.
(2) Notwithstanding ORS chapter 183, and except as otherwise
provided in ORS 583.001, 583.004, 583.021, 583.028 and 583.410 to
583.565, a public hearing may be instituted only by:
(a) The department on its own motion { - , or - } { + ; + }
(b) A petition filed with the department and signed by at least
10 percent of the producers qualified to sign petitions as
provided by ORS 583.480 to 583.490 { - , - } { + ; + } or
(c) A petition filed with the department and signed by at least
50 percent of the handlers in the applicable market area.
(3) All guideposts { - , - } { + and + } standards and the
provisions of this chapter may be taken into consideration in the
promulgation of any order.
{ + NOTE: + } Improves grammar in (1) and (3); corrects
punctuation in (1), (2)(a) and (b).
SECTION 181. ORS 583.518 is amended to read:
583.518. In addition to other actions it may take, or penalties
it may apply, the State Department of Agriculture after public
hearing under ORS chapter 183 may establish a plan or system of
assessing a penalty amount against a handler who fails or refuses
to move or transport pool milk for the Class 1 or Class 2 needs
of another handler, when ordered so to do by the department as
authorized in ORS 583.517. This penalty { + , + } which shall be
established in an amount not to exceed $1 per hundredweight of
milk and paid to the department, shall be computed on the basis
of the number of pounds of milk { - which - } { + that + }
was not moved or transported as ordered by the department. If the
handler in violation of such an order does not pay the amount of
penalty within 30 days after the date of the written notice by
the department, the department in addition to other actions
available to it under this chapter may:
(1) File suit against the handler for recovery of the penalty
amount { - , - } { + ; + } or
(2) Deduct the amount of the penalty from any amount or
equalization { - which - } { + that + } may be later due and
payable by the department to such handler. Any such withholding
by the department shall not be passed on to { - , - } or be
withheld by the handler from the price paid to producers for
milk.
{ + NOTE: + } Corrects punctuation in lead-in, (1) and (2);
improves word choice in lead-in and (2).
SECTION 182. ORS 607.328 is amended to read:
607.328. (1) The State Department of Agriculture shall cause
livestock to be sold at public sale:
(a) In the event the department does not determine the owner of
an estray pursuant to ORS 607.321; { - or - }
(b) In the event livestock of a known owner is delivered to it
pursuant to ORS 607.304 (1) or (8); or
(c) In the event livestock of a known owner is delivered to it
pursuant to ORS 607.308, and sale thereof is required because of
the owner's failure to appear and claim the { - same - }
{ + livestock + } as provided in ORS 607.332.
(2) Prior to the holding of any public sale, as provided in
subsection (1) of this section, the department shall:
(a) Designate a time and place of public sale, which shall be
held not less than five days after receiving the notice of taking
up.
(b) Cause a notice of such public sale to be given by posting a
written or printed notice of the time and place of sale, a
description of the livestock and that such sale shall take place
if the livestock is not claimed by the owner thereof prior to the
sale. Said posting shall be in two public places of the county
where the livestock was taken up for not less than 48 hours prior
to the date of sale. If the department is satisfied that adequate
notice has been given an owner pursuant to ORS 607.303 (2),
notice need not be posted.
{ + NOTE: + } Deletes superfluous conjunction in (1)(a);
improves word choice in (1)(c).
SECTION 183. ORS 616.345 is amended to read:
616.345. (1) The State Department of Agriculture shall
promulgate { - regulations - } { + rules + } establishing
tolerances for pesticide chemicals or exempting them from the
necessity of a tolerance as provided by ORS 616.341 with respect
to the presence in or on raw agricultural commodities of
poisonous or deleterious pesticide chemicals and of pesticide
chemicals { - which - } { + that + } are not generally
recognized, among experts qualified by scientific training and
experience to evaluate the safety of pesticide chemicals, as safe
for use, to the extent necessary to protect the public health. In
promulgating such { - regulations - } { + rules + }, or
{ - regulations - } { + rules + } authorized by ORS 616.355,
the department shall give appropriate consideration to but not be
limited by:
(a) The necessity for the production of an adequate wholesome
and economic food supply.
(b) The other ways in which the consumer may be affected by the
same pesticide chemical or by other related substances that are
poisonous or deleterious.
(c) The laws and regulations of the United States and other
states.
(d) The opinions of recognized experts and governmental
agencies in the field of pesticide chemicals.
(2) The department shall promulgate { - regulations - } { +
rules + } exempting any pesticide chemical from the necessity of
a tolerance with respect to use in or on all raw agricultural
commodities when such tolerance is not necessary to protect the
public health.
(3) Any person who has registered, or who has submitted an
application for the registration of, an economic poison or
pesticide with the department as required by law, may file with
the department a petition as authorized by ORS chapter 183,
proposing the promulgation of a { - regulation - } { +
rule + } establishing a tolerance for a pesticide chemical
{ - which - } { + that + } constitutes, or is an ingredient
of { + , + } such economic poison or pesticide, or exempting the
pesticide chemical from the requirement of a tolerance. The
petition shall contain data showing:
(a) The name, chemical identity { - , - } and composition of
the pesticide chemical;
(b) The amount, frequency { - , - } and time of application
of the pesticide chemical;
(c) Full reports of investigations made with respect to the
safety of the pesticide chemical;
(d) The results of tests on the amount of residue remaining,
including a description of the analytical method used;
(e) Practicable methods of removing residue { - which - }
{ + that + } exceeds any proposed tolerance;
(f) Proposed tolerances for the pesticide chemical if
tolerances are proposed; and
(g) Reasonable grounds in support of the petition. Samples of
the pesticide chemical shall be furnished to the department upon
request.
{ + NOTE: + } Standardizes terminology in (1), (2) and (3);
improves word choice in (1), (3) and (3)(e); fixes punctuation in
(3) and (3)(a) and (b).
SECTION 184. ORS 616.385 is amended to read:
616.385. All { - regulations - } { + rules + } promulgated
under ORS 616.335 to 616.385 shall only be promulgated after
public hearing and shall be in accordance with the applicable
provisions of ORS chapter 183.
{ + NOTE: + } Standardizes terminology.
SECTION 185. ORS 616.850 is amended to read:
616.850. As used in ORS 616.850 to 616.890 { - and
616.996 - } , unless the context requires otherwise:
(1) 'Consumer commodity' means any of the following items:
(a) Food, including all material, solid, liquid or mixed,
whether simple or compound, used or intended for consumption by
human beings or domestic animals normally kept as household pets,
and all substances or ingredients to be added thereto for any
purposes;
(b) Paper products, including napkins, towels, facial tissues,
toilet tissues, disposable plates and cups;
(c) Wrapping products, including those made of paper, plastic
and aluminum; and
(d) Soaps, detergents, cleaning aids, deodorizing aids, waxes
and wax removers, disinfectants, polishes and polish removers,
bleaches, scouring pads and all other laundry and household
cleaning products.
(2) 'Grocery store or food market' means any retail
establishment or department thereof:
(a) That sells consumer commodities, the gross annual receipts
from the sale of which is $1.5 million or more; and
(b) That is part of a chain system or contracts with a supplier
or cooperative { - which - } { + that + } utilizes common
purchasing, warehousing or distribution facilities { + , if + }
{ - and - } the chain, cooperative or supplier has computer
hardware for inventory control, ordering or pricing labels.
(3) 'Package' means any container or wrapping in which any
consumer commodity is enclosed for use in the delivery or display
of that consumer commodity to retail purchasers.
(4) 'Unit retail price' means the retail price of the contents
of a package of any consumer commodity, expressed in terms of the
retail price of such contents per single whole unit of weight,
volume, measure or count, computed to the nearest 10th of a cent
when less than $1 and to the nearest cent when $1 or more.
{ + NOTE: + } Deletes inappropriate reference to penalty
section in lead-in; improves word choice in (2)(b).
SECTION 186. ORS 618.010 is amended to read:
618.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Advertising' or 'advertisement' means any public notice or
announcement of commodities for sale, services to be performed,
equipment or facilities for hire, or any other thing offered to
the public, via publishing or broadcasting media or by signs,
banners, posters, handbills, labels or similar devices, for the
purpose of inducing, directly or indirectly, the purchase or use
of such commodities, services, equipment or facilities.
(2) 'Commercial' or 'commercially used' means any application
or use in connection with or related to transactions in which, in
exchange for commodities received or services rendered,
consideration is given in terms of currency, negotiable
instruments, credit, merchandise or any other thing of value.
(3) 'Commodity' means any merchandise, product or substance
produced or distributed for sale to, or use by, others.
(4) 'Commodity in bulk form' means any quantity of a commodity
that is not a commodity in package form.
(5) 'Commodity in package form' means any quantity of a
commodity put up or packaged in any manner in advance of sale, in
units suitable for either wholesale or retail sale by weight,
volume, measure or count, exclusive, however, of any auxiliary
shipping container enclosing packages that individually conform
to the requirements of ORS 618.010 to 618.246. An individual item
or lot of any commodity not in package form as defined in this
subsection, but on which there is marked a selling price based on
an established price per unit of weight or of measure, is a
commodity in package form.
(6) 'Department' means the State Department of Agriculture.
(7) 'Director' means the Director of Agriculture.
(8) 'Inspector' means any state officer or employee designated
by the director as a supervisor of, or an inspector of, weights
and measures.
(9) 'Intrastate commerce' means any and all commerce or trade
begun, carried on and completed wholly within the limits of this
state.
(10) 'Introduced into intrastate commerce' means the time and
place at which the first sale and delivery of a commodity is made
within this state, the delivery being made either directly to the
purchaser or to a common carrier for shipment to the purchaser.
(11) 'Liquid-fuel measuring device' means any meter, pump,
tank, gage or apparatus used for volumetrically determining the
quantity of any internal combustion engine fuel, liquefied
petroleum gas or low-viscosity heating oil.
(12) 'National Institute of Standards and Technology' means the
National Institute of Standards and Technology of the Department
of Commerce of the United States.
(13) 'Sale' and 'sell' include barter and exchange.
(14) 'Security seal' means a lead-and-wire seal, or similar
nonreusable closure, attached to a weighing or measuring
instrument or device for protection against undetectable access,
removal, adjustment or unauthorized use.
(15) 'Vehicle' means any wheeled conveyance in, upon or by
which any property, livestock or commodity is or may be
transported or drawn, but does not include railroad rolling
stock.
(16) 'Weighing device' means any scale, balance or apparatus
used for gravimetrically determining the quantity of any
commodity on a discrete or continuous basis.
(17) 'Weights and measures' means all weights and measures,
instruments and devices of every kind for weighing and measuring,
and any appliances and accessories associated with any or all
such instruments and devices. However, 'weights and measures'
does not include meters for the measurement of electricity, gas
or water when operated in a system of a public utility, as that
term is defined in ORS 757.005. { - None of the provisions of
ORS 618.010 to 618.246 apply to such public utility meters or to
any associated appliances or accessories. - }
{ + NOTE: + } Moves substantive provision out of definition
in (17). See section 187 (amending 618.066).
SECTION 187. ORS 618.066 is amended to read:
618.066. { + (1) + } The State Department of Agriculture shall
investigate complaints made to it concerning violations of ORS
618.010 to 618.246 and, upon its own initiative, shall conduct
such investigations as it considers appropriate to develop
information relating to prevailing procedures in commercial
quantity determination and relating to possible violations of ORS
618.010 to 618.246, and in order to promote the general objective
of accuracy in the determination and representation of quantity
in commercial transactions.
{ + (2) ORS 618.010 to 618.246 do not apply to meters for the
measurement of electricity, gas or water when operated in a
system of a public utility, as defined in ORS 757.005, or to any
associated appliances or accessories. + }
{ + NOTE: + } Adds relocated provision to appropriate
section. See section 186 (amending 618.010).
SECTION 188. ORS 622.080 is amended to read:
622.080. (1)(a) Persons engaged in the growing, production,
harvesting or distribution of shellfish who receive from such
operations not more than $60,000 in annual gross income shall pay
the following annual fees to the State Department of Agriculture:
(A) { - One hundred fifty dollars - } { + $150 + } for a
certificate of shellfish sanitation as a shucker-packer, for a
person operating a shellfish shucking, packing or repacking plant
for the distribution of shellfish.
(B) { - One hundred dollars - } { + $100 + } for a
certificate of shellfish sanitation as a grower, for a person
engaged in the business of growing shellfish.
(C) { - One hundred dollars - } { + $100 + } for a
certificate of shellfish sanitation as a distributor, for any
jobber or wholesaler who furnishes or sells shellfish to retail
outlets.
(D) { - Seventy-five dollars - } { + $75 + } for a
certificate of shellfish sanitation as a commercial harvester,
for any person harvesting clams or mussels for commercial
purposes.
(b) Notwithstanding the fees established in paragraph (a) of
this subsection, no commercial facility operating in one location
shall pay more than $250 in total annual fees to the department
for any combination of certificates issued under paragraph (a) of
this subsection.
(2)(a) Persons engaged in the growing, production, harvesting
or distribution of shellfish who receive from such operations
more than $60,000 in annual gross income shall pay the following
annual fees to the department:
(A) { - Three hundred dollars - } { + $300 + } for a
certificate of shellfish sanitation as a shucker-packer, for a
person operating a shellfish shucking, packing or repacking plant
for the distribution of shellfish.
(B) { - Two hundred dollars - } { + $200 + } for a
certificate of shellfish sanitation as a grower, for a person
engaged in the business of growing shellfish.
(C) { - Two hundred twenty-five dollars - } { + $225 + }
for a certificate of shellfish sanitation as a distributor, for
any jobber or wholesaler who furnishes or sells shellfish to
retail outlets.
(D) { - Seventy-five dollars - } { + $75 + } for a
certificate of shellfish sanitation as a commercial harvester,
for any person harvesting clams or mussels for commercial
purposes.
(b) Notwithstanding the fees established in paragraph (a) of
this subsection, no commercial facility operating in one location
shall pay more than $500 in total annual fees to the department
for any combination of certificates issued under paragraph (a) of
this subsection.
{ + NOTE: + } Conforms dollar amounts to legislative style in
(1)(a)(A) to (D) and (2)(a)(A) to (D).
SECTION 189. { + ORS 632.405 is repealed. + }
{ + NOTE: + } Repeals unnecessary definition of 'department.
'
SECTION 190. { + ORS 632.505 is repealed. + }
{ + NOTE: + } Repeals unnecessary definition of 'department.
'
SECTION 191. ORS 632.595 is amended to read:
632.595. All containers of unshelled walnuts or unshelled
filberts of the two highest grades established by the
{ + State + } Department { + of Agriculture + }, sold or
offered for sale or shipment in this state, shall be uniform,
new, sound and clean and otherwise conform to the standards
approved by the { - State - } department { - of
Agriculture - } . Containers for lower grades shall be clean,
fairly bright and sound.
{ + NOTE: + } Spells out first reference to agency instead of
second reference.
SECTION 192. ORS 633.015 is amended to read:
633.015. (1) A person may not distribute a nonregistered
commercial feed. Every brand, and each formula or formulation
thereof, of commercial feeds manufactured, compounded, delivered
or distributed in this state must be registered with the State
Department of Agriculture. The distributor must submit an
application for registration on forms furnished by the
department. If the department so requests, the distributor must
submit the label or a facsimile of the label and other printed
matter describing the product. Upon approval by the department, a
certificate of registration shall be furnished to the
distributor. All registrations expire on December 31 of each
year. The application must include the information required by
ORS 633.026 (1)(a) to (f) and such other information as the
department may require.
(2) A distributor is not required to register any brand of
commercial feed that has been registered under ORS 633.006 to
633.089 { - and 633.992 - } by another person.
(3) Changes in the guarantee of either chemical or ingredient
composition of a registered commercial feed may be permitted, if
there is satisfactory evidence that such changes would not result
in a lowering of the feeding value of the product for the purpose
for which designed.
(4) The department may refuse registration of any commercial
feed if the application is not in compliance with the provisions
of ORS 633.006 to 633.089 { - and 633.992 - } . The department
may cancel any registration subsequently found not to be in
compliance with any provision of ORS 633.006 to 633.089 { - and
633.992 - } . The department shall give the registrant reasonable
opportunity to be heard before the department and to amend the
application in order to comply with the requirements of ORS
633.006 to 633.089 { - and 633.992 - } .
(5) Custom mixed feeds are exempt from registration.
(6) Each application for registration must be accompanied by a
fee to be established by the department not to exceed $20 for
each formula or formulation of commercial feed under each brand.
{ + NOTE: + } Deletes inappropriate references to penalty
section in (2) and (4).
SECTION 193. ORS 633.055 is amended to read:
633.055. A person may not distribute misbranded commercial
feed. A commercial feed is misbranded:
(1) If its labeling is false or misleading in any particular.
(2) If it is distributed under the name of another feed.
(3) If it is not labeled as required by ORS 633.026 and by
rules adopted pursuant to ORS 633.006 to 633.089 { - and
633.992 - } .
(4) If it purports to be or is represented as a feed ingredient
or as containing a feed ingredient, unless that feed ingredient
conforms to the definition of identity, if any, prescribed by
rule of the State Department of Agriculture. In adopting rules
under this subsection, the department may take into consideration
the commonly accepted definitions approved or authorized by:
(a) The United States and other states.
(b) Other recognized agencies or organizations experienced in
such matters, such as the Association of American Feed Control
Officials.
(5) If any word, statement or other information required by ORS
633.006 to 633.089 { - and 633.992 - } or by rule of the
department to appear on the label is not prominently placed
thereon with such conspicuousness, as compared with other words,
statements, designs or devices in the labeling, and in such terms
as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
{ + NOTE: + } Deletes inappropriate references to penalty
section in (3) and (5).
SECTION 194. ORS 633.065 is amended to read:
633.065. (1) It shall be the duty of the State Department of
Agriculture to sample, inspect, make analyses of, and test
commercial feeds distributed within this state, at such times and
places and to such an extent as may be necessary to determine
whether or not such feeds are in compliance with the provisions
of ORS 633.006 to 633.089 { - and 633.992 - } . The department
is authorized to enter upon any public or private premises,
including any vehicle of transport, during regular business
hours, in order to have access to commercial feeds and to records
relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted
by the department. In adopting such methods, the department may
take into consideration:
(a) The methods scientifically developed and described in
recognized official publications such as the Journal of the
Association of Official Agricultural Chemists.
(b) The methods approved by the United States, other states and
other recognized agencies or organizations experienced in such
matters.
(3) In determining for administrative purposes whether or not a
commercial feed is deficient in any component, the department
shall be guided solely by the official sample as defined in ORS
633.006 and obtained and analyzed as provided by subsection (2)
of this section.
(4) When inspection and analysis of an official sample indicate
that a commercial feed has been adulterated or misbranded, the
results of analysis shall be forwarded by the department to the
registrant. Upon request, within 30 days, the department shall
furnish to the registrant a portion of the sample analyzed.
(5) The department may take investigational samples that may be
examined otherwise than by the official method required by this
section. For administrative purposes, only samples taken as
directed by subsection (3) of this section may be used.
{ + NOTE: + } Deletes inappropriate reference to penalty
section in (1).
SECTION 195. ORS 633.077 is amended to read:
633.077. (1) The State Department of Agriculture shall
establish and maintain a procedure, plan and system whereby a
farmer, contract feeder or other person actually feeding bulk
commercial feed or custom mixed feed to animals may request the
department to sample and provide special official testing and
analysis of such feeds. It is the purpose and intent of this
section that the department desires to make its personnel,
facilities and laboratories available to such persons and to
determine if such feeds are in compliance with the provisions of
ORS 633.006 to 633.089 { - and 633.992 - } or for any other
purpose
{ - which - } { + that + } the department may determine is
reasonable and necessary.
(2) The department may provide for the obtaining, handling and
testing of samples of bulk commercial feed and custom mixed feed
as provided in subsection (1) of this section, including split
sampling thereof with portions of each sample being made
available to the seller and to the contract feeder or person
feeding the feed to animals. Copies of the final results of the
tests or analysis, which shall not be a public record, shall be
made available only to the seller and to the contract feeder or
person feeding the feed to animals.
{ + NOTE: + } Deletes inappropriate reference to penalty
section and improves word choice in (1).
SECTION 196. ORS 633.088 is amended to read:
633.088. (1) When the State Department of Agriculture has
reasonable cause to believe any quantity or lot of commercial
feed is being sold or distributed in violation of ORS 633.006 to
633.089 { - and 633.992 - } or { - regulations - } { +
rules + } promulgated thereunder, it may, in accordance with ORS
561.605 and 561.620, issue and enforce a written { - ' - }
withdrawal from distribution ' order, directing the distributor
thereof not to dispose of the quantity or lot of commercial feed
in any manner until written permission is first given by the
department. The department shall release the quantity or lot of
commercial feed so withdrawn when said law and
{ - regulations - } { + rules + } have been complied with.
(2) Any quantity or lot of commercial feed found by the
department not to be in compliance with ORS 633.006 to 633.089
{ - and 633.992 - } or { - regulations - } { + rules + }
promulgated thereunder, may be seized by the department in
accordance with the provisions of ORS 561.605 to 561.620.
{ + NOTE: + } Deletes inappropriate references to penalty
section and improves word choice in (1) and (2); conforms
punctuation to legislative style in (1).
SECTION 197. ORS 634.212 is amended to read:
634.212. (1) Upon receiving a petition of any 25 or more
landowners, representing at least 70 percent of the acres of
land, situated within the territory proposed to be a protected
area, the State Department of Agriculture may establish a
protected area, in accordance with the provisions of ORS 561.510
to 561.590 governing the procedures for the declaration of
quarantines, except the consent of the Governor is not required.
(2) The petition, referred to in subsection (1) of this
section, shall include the following:
(a) The proposed name of the protected area.
(b) The description, including proposed boundaries, of the
territory proposed to be a protected area.
(c) A concise statement of the need for the establishment of
the protected area proposed.
(d) A concise statement of the pesticides and the times,
methods or rates of pesticide applications to be restricted or
prohibited and the extent such are to be restricted or
prohibited.
(e) A request that a public hearing be held by the department.
(f) The name of the person authorized to act as attorney in
fact for the petitioners in all matters relating to the
establishment of a proposed protected area.
(g) A concise statement of any desired limitations of the
powers and duties of the governing body of the proposed protected
area.
(3) If more than one petition, referred to in subsection (1) of
this section, is received by the department describing parts of
the same territory, the department may consolidate all or any of
such petitions.
(4) Each petition, described in subsection (1) of this section,
shall be accompanied by a filing fee of $125. Upon receipt of
such petition and payment of such fee, the department shall
prepare and submit to the petitioners an estimated budget of the
costs of establishing such proposed protected area, including
cost of preparation of the estimated budget, of the hearing and
of the preparation of required documents. Within 15 days of the
receipt of the estimated budget, the petitioners shall remit to
the department the difference between the filing fee and total
estimated budget. { - Should - } { + If + } the petitioners
fail to remit such difference, the department shall retain the
filing fee and terminate the procedure for establishment of a
proposed protected area. If, upon completion of the procedure for
establishment of a proposed protected area, there remains an
unexpended and unencumbered balance of funds received by the
department under this section, such balance shall be refunded to
the petitioners through their designated attorney in fact.
(5) In making a determination pursuant to the authority granted
under ORS 561.520 (3), the Director of Agriculture shall
consider, among other factors, the following:
(a) The agricultural and horticultural crops, wildlife or
forest { - industry - } { + industries + } to be affected and
their locations.
(b) The topography and climate, including temperature, humidity
and prevailing winds, of the territory in which the proposed
protected area is situated.
(c) The characteristics and properties of pesticides used or
applied and proposed to be restricted or prohibited.
{ + NOTE: + } Improves word choice in (4) and (5)(a).
SECTION 198. ORS 646.605 is amended to read:
646.605. As used in ORS 646.605 to 646.652:
(1) 'Appropriate court' means the circuit court of a county:
(a) Where one or more of the defendants reside;
(b) Where one or more of the defendants maintain a principal
place of business;
(c) Where one or more of the defendants are alleged to have
committed an act prohibited by ORS 646.605 to 646.652; or
(d) With the defendant's consent, where the prosecuting
attorney maintains an office.
(2) 'Documentary material' means the original or a copy of any
book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situate.
(3) 'Examination' of documentary material shall include
inspection, study { - , - } or copying of any such material,
and taking testimony under oath or acknowledgment in respect of
any such documentary material or copy thereof.
(4) 'Person' means natural persons, corporations, trusts,
partnerships, incorporated or unincorporated associations
{ - , - } and any other legal entity except bodies or officers
acting under statutory authority of this state or the United
States.
(5) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a violation of ORS
646.605 to 646.652 is alleged to have occurred.
(6) 'Real estate, goods or services' means those
{ - which - } { + that + } are or may be obtained primarily for
personal, family or household purposes, or { - which - }
{ + that + } are or may be obtained for any purposes as a result
of a telephone solicitation, and includes franchises,
distributorships and other similar business opportunities, but
does not include insurance. Except as provided in section 2,
chapter 658, Oregon Laws 2003, real estate does not cover conduct
covered by ORS chapter 90.
(7) 'Telephone solicitation' means a solicitation where a
person, in the course of the person's business, vocation or
occupation, uses a telephone or an automatic dialing-announcing
device to initiate telephonic contact with a potential customer
and the person is not one of the following:
(a) A person who is a broker-dealer or salesperson licensed
under ORS 59.175, or a mortgage banker or mortgage broker
licensed under ORS 59.850 when the solicitation is for a security
qualified for sale pursuant to ORS 59.055 { - ; - } { + . + }
(b) A person who is licensed or is otherwise authorized to
engage in professional real estate activity pursuant to ORS
chapter 696, when the solicitation involves professional real
estate activity { - ; - } { + . + }
(c) A person licensed or exempt from licensure as a builder
pursuant to ORS chapter 701, when the solicitation involves the
construction, alteration, repair, improvement or demolition of a
structure { - ; - } { + . + }
(d) A person licensed or otherwise authorized to sell insurance
as an insurance producer pursuant to ORS chapter 744, when the
solicitation involves insurance { - ; - } { + . + }
(e) A person soliciting the sale of a newspaper of general
circulation, a magazine or membership in a book or record club
who complies with ORS 646.611, when the solicitation involves
newspapers, magazines or membership in a book or record club
{ - ; - } { + . + }
(f) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sales presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser { - ; - } { + . + }
(g) A supervised financial institution or parent, subsidiary or
affiliate thereof. As used in this paragraph, 'supervised
financial institution' means any financial institution or trust
company, as those terms are defined in ORS 706.008, or any
personal property broker, consumer finance lender, commercial
finance lender or insurer that is subject to regulation by an
official or agency of this state or of the United States
{ - ; - } { + . + }
(h) A person who is authorized to conduct prearrangement or
preconstruction funeral or cemetery sales, pursuant to ORS
chapter 692, when the solicitation involves prearrangement or
preconstruction funeral or cemetery plans { - ; - } { + . + }
(i) A person who solicits the services provided by a cable
television system licensed or franchised pursuant to state, local
or federal law, when the solicitation involves cable television
services { - ; - } { + . + }
(j) A person or affiliate of a person whose business is
regulated by the Public Utility Commission of Oregon { - ; - }
{ + . + }
(k) A person who sells farm products as defined by ORS
{ - chapter 576 - } { + 576.006 + } if the solicitation
neither intends to nor actually results in a sale that costs the
purchaser in excess of $100 { - ; - } { + . + }
(L) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the Securities
Exchange Act of 1934 and that is either registered or exempt from
registration under paragraph (A), (B), (C), (E), (F), (G) or (H)
or subsection (g) of that section { - ; - } { + . + }
(m) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer when the solicitation involves answering services { - ;
or - } { + . + }
(n) A telecommunications utility with access lines of 15,000 or
less or a cooperative telephone association when the solicitation
involves regulated goods or services.
(8) 'Trade' and 'commerce' mean advertising, offering or
distributing, whether by sale, rental or otherwise, any real
estate, goods or services, and { - includes - }
{ + include + } any trade or commerce directly or indirectly
affecting the people of this state.
(9) 'Unconscionable tactics' include, but are not limited to,
actions by which a person:
(a) Knowingly takes advantage of a customer's physical
infirmity, ignorance, illiteracy or inability to understand the
language of the agreement;
(b) Knowingly permits a customer to enter into a transaction
from which the customer will derive no material benefit; or
(c) Permits a customer to enter into a transaction with
knowledge that there is no reasonable probability of payment of
the attendant financial obligation in full by the customer when
due.
(10) A willful violation occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
(11) A loan is made 'in close connection with the sale of a
manufactured dwelling' if:
(a) The lender directly or indirectly controls, is controlled
by or is under common control with the seller, unless the
relationship is remote and is not a factor in the transaction;
(b) The lender gives a commission, rebate or credit in any form
to a seller who refers the borrower to the lender, other than
payment of the proceeds of the loan jointly to the seller and the
borrower;
(c) The lender is related to the seller by blood or marriage;
(d) The seller directly and materially assists the borrower in
obtaining the loan;
(e) The seller prepares documents that are given to the lender
and used in connection with the loan; or
(f) The lender supplies documents to the seller used by the
borrower in obtaining the loan.
{ + NOTE: + } Conforms punctuation in (3), (4) and (7) to
legislative style; improves word choice in (6); hones citation in
(7)(k); corrects grammar in (8).
SECTION 199. ORS 646.605, as amended by section 12, chapter
658, Oregon Laws 2003, is amended to read:
646.605. As used in ORS 646.605 to 646.652:
(1) 'Appropriate court' means the circuit court of a county:
(a) Where one or more of the defendants reside;
(b) Where one or more of the defendants maintain a principal
place of business;
(c) Where one or more of the defendants are alleged to have
committed an act prohibited by ORS 646.605 to 646.652; or
(d) With the defendant's consent, where the prosecuting
attorney maintains an office.
(2) 'Documentary material' means the original or a copy of any
book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situate.
(3) 'Examination' of documentary material shall include
inspection, study { - , - } or copying of any such material,
and taking testimony under oath or acknowledgment in respect of
any such documentary material or copy thereof.
(4) 'Person' means natural persons, corporations, trusts,
partnerships, incorporated or unincorporated associations
{ - , - } and any other legal entity except bodies or officers
acting under statutory authority of this state or the United
States.
(5) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a violation of ORS
646.605 to 646.652 is alleged to have occurred.
(6) 'Real estate, goods or services' means those
{ - which - } { + that + } are or may be obtained primarily for
personal, family or household purposes, or { - which - }
{ + that + } are or may be obtained for any purposes as a result
of a telephone solicitation, and includes franchises,
distributorships and other similar business opportunities, but
does not include insurance. Real estate does not cover conduct
covered by ORS chapter 90.
(7) 'Telephone solicitation' means a solicitation where a
person, in the course of the person's business, vocation or
occupation, uses a telephone or an automatic dialing-announcing
device to initiate telephonic contact with a potential customer
and the person is not one of the following:
(a) A person who is a broker-dealer or salesperson licensed
under ORS 59.175, or a mortgage banker or mortgage broker
licensed under ORS 59.850 when the solicitation is for a security
qualified for sale pursuant to ORS 59.055 { - ; - } { + . + }
(b) A person who is licensed or is otherwise authorized to
engage in professional real estate activity pursuant to ORS
chapter 696, when the solicitation involves professional real
estate activity { - ; - } { + . + }
(c) A person licensed or exempt from licensure as a builder
pursuant to ORS chapter 701, when the solicitation involves the
construction, alteration, repair, improvement or demolition of a
structure { - ; - } { + . + }
(d) A person licensed or otherwise authorized to sell insurance
as an insurance producer pursuant to ORS chapter 744, when the
solicitation involves insurance { - ; - } { + . + }
(e) A person soliciting the sale of a newspaper of general
circulation, a magazine or membership in a book or record club
who complies with ORS 646.611, when the solicitation involves
newspapers, magazines or membership in a book or record club
{ - ; - } { + . + }
(f) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sales presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser { - ; - } { + . + }
(g) A supervised financial institution or parent, subsidiary or
affiliate thereof. As used in this paragraph, 'supervised
financial institution' means any financial institution or trust
company, as those terms are defined in ORS 706.008, or any
personal property broker, consumer finance lender, commercial
finance lender or insurer that is subject to regulation by an
official or agency of this state or of the United States
{ - ; - } { + . + }
(h) A person who is authorized to conduct prearrangement or
preconstruction funeral or cemetery sales, pursuant to ORS
chapter 692, when the solicitation involves prearrangement or
preconstruction funeral or cemetery plans { - ; - } { + . + }
(i) A person who solicits the services provided by a cable
television system licensed or franchised pursuant to state, local
or federal law, when the solicitation involves cable television
services { - ; - } { + . + }
(j) A person or affiliate of a person whose business is
regulated by the Public Utility Commission of Oregon { - ; - }
{ + . + }
(k) A person who sells farm products as defined by ORS
{ - chapter 576 - } { + 576.006 + } if the solicitation
neither intends to nor actually results in a sale that costs the
purchaser in excess of $100 { - ; - } { + . + }
(L) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the Securities
Exchange Act of 1934 and that is either registered or exempt from
registration under paragraph (A), (B), (C), (E), (F), (G) or (H)
or subsection (g) of that section { - ; - } { + . + }
(m) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer when the solicitation involves answering services { - ;
or - } { + . + }
(n) A telecommunications utility with access lines of 15,000 or
less or a cooperative telephone association when the solicitation
involves regulated goods or services.
(8) 'Trade' and 'commerce' mean advertising, offering or
distributing, whether by sale, rental or otherwise, any real
estate, goods or services, and { - includes - }
{ + include + } any trade or commerce directly or indirectly
affecting the people of this state.
(9) 'Unconscionable tactics' include, but are not limited to,
actions by which a person:
(a) Knowingly takes advantage of a customer's physical
infirmity, ignorance, illiteracy or inability to understand the
language of the agreement;
(b) Knowingly permits a customer to enter into a transaction
from which the customer will derive no material benefit; or
(c) Permits a customer to enter into a transaction with
knowledge that there is no reasonable probability of payment of
the attendant financial obligation in full by the customer when
due.
(10) A willful violation occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
(11) A loan is made 'in close connection with the sale of a
manufactured dwelling' if:
(a) The lender directly or indirectly controls, is controlled
by or is under common control with the seller, unless the
relationship is remote and is not a factor in the transaction;
(b) The lender gives a commission, rebate or credit in any form
to a seller who refers the borrower to the lender, other than
payment of the proceeds of the loan jointly to the seller and the
borrower;
(c) The lender is related to the seller by blood or marriage;
(d) The seller directly and materially assists the borrower in
obtaining the loan;
(e) The seller prepares documents that are given to the lender
and used in connection with the loan; or
(f) The lender supplies documents to the seller used by the
borrower in obtaining the loan.
{ + NOTE: + } Conforms punctuation in (3), (4) and (7) to
legislative style; improves word choice in (6); hones citation in
(7)(k); corrects grammar in (8).
SECTION 200. ORS 646.661 is amended to read:
646.661. As used in ORS { - 646.608 and - } 646.661 to
646.691, unless the context requires otherwise:
(1) 'Business day' means any day except a Sunday or a legal
holiday.
(2) 'Buyer' means a person who purchases health spa services.
(3) 'Conspicuous' has the meaning given that term in ORS
71.2010 (10).
(4) 'Health spa' means any person engaged, as a primary
purpose, in the sale of instruction, training, assistance or use
of facilities { - which - } { + that + } are purported to
assist patrons in physical exercise, weight control or figure
development. The term also includes any person engaged primarily
in the sale of the right or privilege to use tanning booths,
exercise equipment or facilities, such as a sauna, whirlpool
bath, weight-lifting room, massage, steam room, or other
exercising machine or device. ' Health spa' does not include any
facility owned and operated by the State of Oregon or any of its
political subdivisions.
(5) 'Health spa services' means services, privileges or rights
offered for sale by a health spa.
(6) 'Person' has the meaning given that term in ORS 646.605
(4).
{ + NOTE: + } Expunges errant reference in lead-in; improves
word choice in (4).
SECTION 201. ORS 646.686 is amended to read:
646.686. A health spa shall not request a buyer to waive any
provision of ORS { - 646.608 and - } 646.661 to 646.691. Any
waiver by a buyer of any provision of ORS { - 646.608 and - }
646.661 to 646.691 is contrary to public policy and is void and
unenforceable.
{ + NOTE: + } Expunges errant references.
SECTION 202. ORS 646.691 is amended to read:
646.691. The remedies and obligations provided in ORS
{ - 646.608 and - } 646.661 to 646.691 are in addition to any
other remedies and obligations, civil or criminal, existing at
common law or under the laws of this state.
{ + NOTE: + } Expunges errant reference.
SECTION 203. ORS 650.145 is amended to read:
650.145. { + (1) As used in subsection (2) of this section, '
fair and reasonable compensation' means the amount originally
paid by the dealer minus any incentive payments, model close-out
allowances or any other programs applicable to the vehicles. + }
{ - (1) - } { + (2) + } Upon the termination, cancellation,
nonrenewal or discontinuance of any franchise, the dealer shall
be allowed fair and reasonable compensation by the manufacturer,
distributor or importer for the following:
(a) All new current model year motor vehicle inventory with a
gross vehicle weight rating of less than 8,500 pounds purchased
from the manufacturer, distributor or importer { - , which - }
{ + that + } has not been materially altered, substantially
damaged or driven for more than 300 miles;
(b) All new motor vehicle inventory that has not been
materially altered or substantially damaged, provided that the
vehicles:
(A) If motor vehicles with a gross vehicle weight rating of
less than 8,500 pounds, were not driven for more than 300 miles,
were purchased directly from the manufacturer, distributor or
importer within 120 days of the effective date of the
termination, cancellation, nonrenewal or discontinuance and were
either paid for or drafted on the dealer's financing source; or
(B) If motor vehicles with a gross vehicle weight rating of
8,500 pounds or more, were not driven more than 4,000 miles, were
purchased directly from the manufacturer, distributor or importer
within one year of the effective date of the termination,
cancellation, nonrenewal or discontinuance and were either paid
for or drafted on the dealer's financing source;
(c) Supplies and parts inventory purchased from the
manufacturer, distributor or importer and listed in the
manufacturer's, distributor's or importer's current parts
catalog;
(d) Equipment, furnishings and signs purchased from the
manufacturer, distributor or importer and required by the
manufacturer, distributor or importer { - which - } { +
that + } have not been materially altered, or substantially
damaged or depreciated over 50 percent of the original value; and
(e) Special tools purchased from the manufacturer, distributor
or importer within three years of the date of termination,
cancellation, nonrenewal or discontinuance and required by the
manufacturer { - which - } { + that + } have not been
materially altered, or substantially damaged or depreciated over
50 percent of the original value.
{ - (2) 'Fair and reasonable compensation' shall be the
amount originally paid by the dealer minus any incentive
payments, model close-out allowances or any other programs
applicable to the vehicles. - }
(3) Nothing in this section is intended to modify the
manufacturer's, distributor's or importer's contractual right of
setoff.
(4) Upon the termination, cancellation, nonrenewal or
discontinuance of a franchise, the manufacturer, distributor or
importer shall also pay to the dealer a sum equal to the current,
fair rental value of the dealer's established place of business
for a period of one year from the effective date of termination,
cancellation, nonrenewal or discontinuance or the remaining
period of any lease, whichever is less.
(5) Subsection (4) of this section shall apply only to the
extent that the dealer's established place of business is used
for performance of sales and service obligations under the
manufacturer's, distributor's or importer's franchise agreement.
(6) In the event that termination is by the dealer, the payment
required by subsection (4) of this section is not required.
(7) This section shall not relieve a new motor vehicle dealer,
lessor or other owner of an established place of business from
the obligation of mitigating damages.
{ + NOTE: + } Adds context to and improves word choice in
definition in former (2) and moves it to beginning of section;
improves word choice in (2)(a), (d) and (e).
SECTION 204. ORS 650.165 is amended to read:
650.165. It shall be a violation of ORS 650.120 to 650.170 for
a franchisor to require a franchisee to agree to the inclusion of
a term or condition in a franchise, or in any lease or agreement
ancillary or collateral to a franchise, as a condition to the
offer, grant or renewal of such franchise, lease or agreement,
that:
(1) Requires the franchisee to waive trial by jury in actions
involving the franchisor { - ; - } { + . + }
(2) Specifies the jurisdictions, venues or tribunals in which
disputes arising with respect to the franchise, lease or
agreement shall or shall not be submitted for resolution or
otherwise prevents a franchisee from bringing an action in a
particular forum otherwise available under the law { - ; - }
{ + . + }
(3) Requires that disputes between the franchisor and
franchisee be submitted to arbitration or to any other binding
{ - alternate - } { + alternative + } dispute resolution
procedure. However, any such franchise, lease or agreement may
authorize the submission of a dispute to arbitration or to
binding { - alternate - } { + alternative + } dispute
resolution if the franchisor and franchisee voluntarily agree to
submit such dispute to arbitration or binding { - alternate - }
{ + alternative + } dispute resolution at the time the dispute
arises { - ; or - } { + . + }
(4) Adversely alters to a substantial degree the rights and
obligations of a franchisee under any existing franchise
contract.
{ + NOTE: + } Conforms punctuation to legislative style;
standardizes terminology in (3).
SECTION 205. ORS 652.420 is amended to read:
652.420. (1) As used in ORS 652.420 to 652.445:
{ + (a) 'Commissioner' means the Commissioner of the Bureau
of Labor and Industries. + }
{ - (a) - } { + (b) + } 'Labor bureau' includes any agency,
bureau, commission, board or officer in another state
{ - which - } { + that + } performs functions substantially
corresponding to those of the Commissioner of the Bureau of Labor
and Industries.
{ - (b) 'Commissioner' means the Commissioner of the Bureau
of Labor and Industries. - }
(2) The definitions of ORS 652.310 and 652.320 shall apply to
ORS 652.420 to 652.445, but nothing contained in those sections
shall be construed to preclude reciprocal enforcement of wage
claims under ORS 652.420 to 652.445, { - where - } { +
when + } the services of the employee were rendered in another
state.
{ + NOTE: + } Alphabetizes definitions in (1); improves word
choice in (1)(b) and (2).
SECTION 206. ORS 653.280 is amended to read:
653.280. (1) An employer shall take all reasonable precautions
to safeguard all trade equipment { - which - } { + that + }
is owned by an employee and is located on premises under the
employer's control.
(2) As used in ORS 653.285 and this section, unless the context
requires otherwise:
(a) { - ' Employer' and - } 'Employee' { + and
'employer' + } have the meaning provided for those terms in ORS
652.310.
{ - (b) 'Trade equipment' is limited to musical instruments
and sound equipment. - }
{ - (c) - } { + (b) + } 'Premises' means the place where
the employer and the employee of the employer are engaged in the
furtherance of a common enterprise or the accomplishment of the
same or related purposes in operation.
{ + (c) 'Trade equipment' is limited to musical instruments
and sound equipment. + }
{ + NOTE: + } Improves word choice in (1); alphabetizes
definitions in (2).
SECTION 207. ORS 656.172 is amended to read:
656.172. (1) ORS 656.170 applies only to:
(a) An employer incurring or projecting an annual workers'
compensation insurance premium in Oregon of at least $250,000 or
an employer that paid an annual workers' compensation insurance
premium in Oregon of at least $250,000 in one of the three years
prior to the year in which the collective bargaining agreement
takes effect.
(b) An employer who qualifies as a self-insured employer under
ORS 656.407 and 656.430 that is incurring or projecting annual
workers' compensation costs of at least $250,000 or who has had
annual workers' compensation costs of at least $250,000 in one of
the three years prior to the year in which the collective
bargaining agreement takes effect.
(c) A group of employers who combine for the purpose of
obtaining workers' compensation insurance as provided by ORS
737.316 and incur or project annual workers' compensation
premiums of at least $1 million.
(d) A group of employers who qualify as a self-insured employer
group under ORS 656.430 and incur or project annual workers'
compensation costs of at least $1 million.
(e) Employers covered by a wrap-up insurance policy provided by
an owner or general contractor and authorized by ORS 737.602 and
737.604 { - or chapter 548, Oregon Laws 1991, or chapter 7,
Oregon Laws 1993 - } , and that requires payment of annual
workers' compensation premiums of $1 million or more for coverage
of those employees covered by the wrap-up insurance policy.
(2) An employer or group of employers may not establish or
continue a program established under ORS 656.170 until:
(a) The employer has provided the Director of the Department of
Consumer and Business Services with the following:
(A) Upon original application and whenever the collective
bargaining agreement is renegotiated, a copy of the collective
bargaining agreement and an estimate of the number of employees
covered by the collective bargaining agreement;
(B) Upon original application and annually thereafter, a valid
license when that license is required as a condition of doing
business in Oregon;
(C) Upon original application and annually thereafter, a
signed, sworn statement that no action has been taken by any
administrative agency or court of the United States to invalidate
the collective bargaining agreement;
(D) Upon original application and annually thereafter, the
name, address and telephone number of the contact person of the
employer or group of employers; and
(E) A statement from the insurer or self-insured employer that
the insurer or self-insured employer is willing to insure the
risk under the terms of the collective bargaining agreement; and
(b) The director has approved the proposed program.
(3) A collective bargaining representative may not establish or
continue to participate in a program established under ORS
656.170 until:
(a) The collective bargaining representative has provided the
following to the director:
(A) Upon original application and annually thereafter, a copy
of the most recent LM-2 or LM-3 filing with the United States
Department of Labor, and a signed, sworn statement that the
document is a true and correct copy; and
(B) Upon original application and annually thereafter, the
name, address and telephone number of the contact person for the
collective bargaining representative; and
(b) The director has approved the proposed program.
(4) When an employer, { + a + } group of employers or a
collective bargaining representative has met the eligibility
requirements of this section, the director shall issue a letter
to the employer, group of employers or collective bargaining
representative indicating that such eligibility has been
established.
{ + NOTE: + } Deletes reference to repealed laws in (1)(e);
improves syntax in (4).
SECTION 208. ORS 657.078 is amended to read:
657.078. 'Employment' does not include services performed by an
individual as a stringer, correspondent or photographer, for
print or broadcast media, who submits information, stories or
pictures by the piece or at a flat rate to newspapers, special
publications, television or radio if the individual is free from
direction and control over the means and manner of providing the
services. However, this section does not apply to services
performed for a nonprofit employing unit { - , as defined in ORS
657.072, - } for this state, for a political subdivision of this
state or for an Indian tribe.
{ + NOTE: + } Removes obsolete reference.
SECTION 209. ORS 657.092 is amended to read:
657.092. (1) 'Employment' does not include service performed by
an individual as a director, designer, performer, musician,
technical crew member, house or business person, contestant,
beauty queen or member of a court for or on behalf of a nonprofit
organization in connection with a symphony, opera, play, pageant,
festival, rodeo or similar event operated by such organization
when the remuneration for such service consists solely of a
gratuity, prize, scholarship or reimbursement of expenses.
(2) As used in this section:
{ + (a) 'Contestant' means a person competing in a
competition in a pageant, festival, rodeo or similar event. + }
{ + (b) 'Gratuity' means a voluntary return for a service and
does not include commissions or other amounts paid pursuant to an
agreement reached at the time the individual agrees to perform a
service for the organization. + }
{ - (a) - } { + (c) + } 'Nonprofit organization' means an
organization or group of organizations described in sections
501(c)(3) to 501(c)(10) of the Internal Revenue Code which is
exempt from income tax under section 501(a) of the Internal
Revenue Code.
{ - (b) 'Gratuity' means a voluntary return for a service and
does not include commissions or other amounts paid pursuant to an
agreement reached at the time the individual agrees to perform a
service for the organization. - }
{ - (c) - } { + (d) + } 'Prize' means a reward received for
winning a competition in a pageant, festival, rodeo or similar
event.
{ + (e) 'Reimbursement for expenses' means a payment made in
lieu of salary to compensate an individual for transportation
costs to the location of the service and return, and ordinary
living expenses while in the vicinity of the event in which the
individual is participating. + }
{ - (d) - } { + (f) + } 'Scholarship' means a grant
provided for the purpose of paying part of the tuition or other
costs of attending an educational institution or institution of
higher education and payable to the institution of the
individual's choice.
{ - (e) 'Reimbursement for expenses' means a payment made in
lieu of salary to compensate an individual for transportation
costs to the location of the service and return, and ordinary
living expenses while in the vicinity of the event in which the
individual is participating. - }
{ - (f) 'Contestant' means a person competing in a
competition in a pageant, festival, rodeo or similar event. - }
{ + NOTE: + } Alphabetizes definitions in (2).
SECTION 210. ORS 657.321 is amended to read:
657.321. As used in ORS 657.321 to 657.329 unless the context
requires otherwise:
{ + (1) 'Eligibility period' of an individual means the
period consisting of the weeks in the individual's benefit year
that begin in an extended benefit period and, if the benefit year
ends within such extended benefit period, any weeks thereafter
that begin in such period. + }
{ + (2) 'Exhaustee' means an individual who, with respect to
any week of unemployment in the individual's eligibility period:
(a) Has received prior to such week, all of the regular
benefits that were available to the individual under this chapter
or any other state law (including dependents' allowances and
benefits payable to federal civilian employees and ex-servicemen
under 5 U.S.C. chapter 85) in the current benefit year that
includes such week (provided that an individual shall be deemed
to have received all of the regular benefits that were available
to the individual, although as a result of a pending appeal with
respect to wages or employment that were not considered in the
original monetary determination in the current benefit year, the
individual may subsequently be determined to be entitled to added
regular benefits); or
(b)(A) The individual's benefit year having expired prior to
such week, has no, or insufficient, wages and employment to
establish a new benefit year that would include such week;
(B) Has no right to unemployment benefits or allowances under
the Railroad Unemployment Insurance Act and such other federal
laws as are specified in regulations issued by the United States
Secretary of Labor; and
(C) Has not received and is not seeking, or the appropriate
agency has finally determined that the individual is not entitled
to receive, unemployment benefits under the unemployment
compensation law of Canada. + }
{ - (1) - } { + (3)(a) + } 'Extended benefit period' means
a period that:
{ - (a) - } { + (A) + } Begins with the third week after a
week for which there is a state 'on' indicator; and
{ - (b) - } { + (B) + } Ends with the third week after the
first week for which there is a state 'off' indicator or the 13th
consecutive week of such period, whichever occurs later.
{ - (2) - } { + (b) + } Notwithstanding the provisions of
{ - subsection (1) of this section - } { + paragraph (a) of
this subsection + }, no extended benefit period may begin by
reason of a state 'on' indicator before the 14th week following
the end of a prior extended benefit period { - which - } { +
that + } was in effect with respect to this state.
{ - (3) - } { + (c) + } There is a state 'on' indicator for
any week for which the Director of the Employment Department
determines in accordance with regulations of the United States
Secretary of Labor that for the period consisting of such week
and the immediately preceding 12 weeks, the rate of insured
unemployment (not seasonally adjusted):
{ - (a) - } { + (A) + } Equaled or exceeded five percent
and equaled or exceeded 120 percent of the average of such rates
for the corresponding 13-week periods ending in each of the
preceding two calendar years;
{ - (b) - } { + (B) + } Equaled or exceeded six percent; or
{ - (c) - } { + (C) + } With respect to benefits for weeks
of unemployment beginning after March 6, 1993:
{ - (A) - } { + (i) + } The average rate of total
unemployment (seasonally adjusted), as determined by the United
States Secretary of Labor, for the period consisting of the most
recent three months for which data for all states are published
before the close of such week equals or exceeds 6.5 percent; and
{ - (B) - } { + (ii) + } The average rate of total
unemployment in the state (seasonally adjusted), as determined by
the United States Secretary of Labor, for the three-month period
referred to in
{ - subparagraph (A) of this paragraph - } { +
sub-subparagraph (i) of this subparagraph + }, equals or exceeds
110 percent of such average for either or both of the
corresponding three-month periods ending in the two preceding
calendar years.
{ - (4) - } { + (d) + } There is a state 'off' indicator
for any week for which the director determines in accordance with
regulations of the United States Secretary of Labor that for the
period consisting of such week and the immediately preceding 12
weeks, none of the options specified in subsection { - (3) - }
{ + (3)(c) + } of this section results in an 'on' indicator.
{ + (4) 'Extended benefits' means benefits (including
benefits payable to federal civilian employees and to
ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to an
individual under the provisions of this chapter for weeks of
unemployment in the individual's eligibility period.
(5) 'High unemployment period' means any period during which an
extended benefit period would be in effect if subsection
(3)(c)(C)(i) of this section were applied by substituting 'eight
percent' for '6.5 percent.' + }
{ - (5) - } { + (6) + } 'Rate of insured unemployment,' for
the purpose of { - subsections (3) and (4) - } { + subsection
(3)(c) and (d) + } of this section, means the percentage derived
by dividing:
(a) The average weekly number of regular continued weeks of
unemployment claimed by individuals in this state with respect to
the most recent 13-consecutive-week period, as determined by the
director on the basis of reports to the United States Secretary
of Labor, by
(b) The average monthly employment covered under this chapter
for the first four of the most recent six completed calendar
quarters before the end of such 13-week period.
{ - (6) - } { + (7) + } 'Regular benefits' means benefits
payable to an individual under this chapter or under any other
state law (including benefits payable to federal civilian
employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85)
other than extended benefits.
{ - (7) 'Extended benefits' means benefits (including
benefits payable to federal civilian employees and to
ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to an
individual under the provisions of this chapter for weeks of
unemployment in the individual's eligibility period. - }
{ - (8) 'Eligibility period' of an individual means the
period consisting of the weeks in the individual's benefit year
which begin in an extended benefit period and, if the benefit
year ends within such extended benefit period, any weeks
thereafter which begin in such period. - }
{ - (9) 'Exhaustee' means an individual who, with respect to
any week of unemployment in the individual's eligibility
period: - }
{ - (a) Has received prior to such week, all of the regular
benefits that were available to the individual under this chapter
or any other state law (including dependents' allowances and
benefits payable to federal civilian employees and ex-servicemen
under 5 U.S.C. chapter 85) in the current benefit year that
includes such week (provided that an individual shall be deemed
to have received all of the regular benefits that were available
to the individual, although as a result of a pending appeal with
respect to wages or employment that were not considered in the
original monetary determination in the current benefit year, the
individual may subsequently be determined to be entitled to added
regular benefits); or - }
{ - (b) The individual's benefit year having expired prior to
such week, has no, or insufficient wages and employment to
establish a new benefit year that would include such week;
and - }
{ - (c) Has no right to unemployment benefits or allowances
under the Railroad Unemployment Insurance Act and such other
federal laws as are specified in regulations issued by the United
States Secretary of Labor; and - }
{ - (d) Has not received and is not seeking, or the
appropriate agency has finally determined that the individual is
not entitled to receive, unemployment benefits under the
unemployment compensation law of Canada. - }
{ - (10) - } { + (8) + } 'State law' means the unemployment
insurance law of any state, approved by the United States
Secretary of Labor under section 3304 of the Internal Revenue
Code of 1954, as amended.
{ - (11) 'High unemployment period' means any period during
which an extended benefit period would be in effect if subsection
(3)(c)(A) of this section were applied by substituting 'eight
percent' for '6.5 percent.' - }
{ + NOTE: + } Alphabetizes definitions; retabulates (2) to
clarify meaning; retabulates former (1) to (4) to improve
read-in; updates internal references.
SECTION 211. ORS 657.331 is amended to read:
657.331. (1) As used in ORS 657.331 to 657.334:
(a) 'Additional benefits' means benefits totally financed by
the state and payable under this chapter to exhaustees by reason
of conditions of high unemployment.
(b) 'Additional benefit period' means a period not within an
extended benefit period that:
(A) Begins with the third week after a week for which there is
a state additional benefits 'on' indicator; and
(B)(i) Ends with the second week after the first week for which
there is a state 'on' indicator as defined in ORS 657.321
{ - (3) - } { + (3)(c) + }; or
(ii) If there is no 'on' indicator, ends with the third week
after the first week for which there is a state additional
benefits 'off' indicator or the seventh consecutive week of such
period, whichever occurs later.
(2) Notwithstanding the provisions of subsection (1)(b) of this
section, no additional benefit period may begin by reason of a
state additional benefit 'on' indicator before the eighth week
following the end of a prior additional benefit period which was
in effect with respect to this state.
(3) There is a state additional benefit 'on' indicator for any
week for which the Director of the Employment Department
determines that for the period consisting of such week and the
immediately preceding 12 weeks, the rate of insured unemployment
(not seasonally adjusted) equaled or exceeded 4.5 percent.
(4) There is a state additional benefits 'off' indicator for
any week for which the director determines that, for the period
consisting of such week and the immediately preceding 12 weeks,
the rate of insured unemployment (not seasonally adjusted) was
less than 4.5 percent.
(5) For purposes of this section, { - the - } { + ' + }
rate of insured unemployment { + ' + } { - shall have - }
{ + has + } the same meaning as provided in ORS 657.321
{ - (5) - } { + (6) + }.
{ + NOTE: + } Updates citations in (1)(b)(B)(i) and (5). See
section 210 (amending 657.321). Conforms language and punctuation
to legislative style in (5).
SECTION 212. ORS 657.370 is amended to read:
657.370. As used in ORS 657.370 to 657.390, unless the context
requires otherwise:
(1) 'Affected employee' means an individual who was
continuously employed as a member of the affected group, by the
shared work employer, for six months on a full-time basis or for
one year on a part-time basis, immediately preceding the
submission by the employer of the shared work plan.
(2) 'Affected group' means three or more employees designated
by the employer to participate in a shared work plan.
{ - (3) 'Shared work employer' means an employer with a
shared work plan in effect. - }
{ - (4) 'Shared work plan' or 'plan' means an employer's
voluntary, written plan for reducing unemployment, under which a
specified group of employees shares the work remaining after
their normal weekly hours of work are reduced. - }
{ - (5) - } { + (3) + } 'Approved shared work plan' or
'approved plan ' means an employer's shared work plan
{ - which - } { + that + } meets the requirements of ORS
657.375.
{ - (6) - } { + (4) + } 'Normal weekly hours of work' means
the number of hours in a week that the employee normally would
work for the shared work employer or 40 hours, whichever is less.
{ + (5) 'Shared work employer' means an employer with a
shared work plan in effect.
(6) 'Shared work plan' or 'plan' means an employer's voluntary,
written plan for reducing unemployment, under which a specified
group of employees shares the work remaining after their normal
weekly hours of work are reduced. + }
{ + NOTE: + } Alphabetizes definitions; improves word choice
in (3).
SECTION 213. ORS 657.458 is amended to read:
657.458. As used in this chapter unless the context requires
otherwise:
{ + (1) 'Adjusted average weekly check amount' means the
average weekly check amount in a calendar year plus one-half of
the increase in the maximum weekly benefit amount plus one-half
of the increase in the minimum weekly benefit amount from the
week including July 4 immediately preceding such calendar year to
the week including July 4 immediately following such calendar
year. + }
{ - (1) 'High benefit cost period' means the 12 consecutive
month period in the last 10 completed calendar years in which the
benefit cost rate was the highest. The benefit cost rate is
determined by dividing the amount of benefits paid attributable
to employers subject to the tax, during any 12 consecutive months
within the 10-year period by total wages, as defined in ORS
657.105, reported by all employers subject to the tax for the
four consecutive calendar quarters which includes the quarter in
which the 12 consecutive month period ended. All benefits paid
from the Unemployment Compensation Trust Fund attributable to
employers subject to the tax, including but not limited to the
Oregon share of extended benefits and any special state
additional benefits, shall be included in the amount of benefits
under this subsection. - }
(2) 'Average monthly employment' means the total number of
persons employed in each month for 12 consecutive months, as
reported by employers subject to the tax under this chapter,
divided by 12.
(3) 'Average weekly check amount' means the gross amount of
benefit payments, excluding extended benefits, made during a 12
consecutive month period, divided by the number of such weekly
payments made to all individuals receiving benefits under this
chapter during that period. The number and amount of payments
made under section 11, chapter 2, Oregon Laws 1982 (first special
session), shall be excluded from the computation under this
subsection.
{ - (4) 'Adjusted average weekly check amount' means the
average weekly check amount in a calendar year plus one-half of
the increase in the maximum weekly benefit amount plus one-half
of the increase in the minimum weekly benefit amount from the
week including July 4 immediately preceding such calendar year to
the week including July 4 immediately following such calendar
year. - }
{ + (4) 'High benefit cost period' means the 12 consecutive
month period in the last 10 completed calendar years in which the
benefit cost rate was the highest. The benefit cost rate is
determined by dividing the amount of benefits paid attributable
to employers subject to the tax, during any 12 consecutive months
within the 10-year period by total wages, as defined in ORS
657.105, reported by all employers subject to the tax for the
four consecutive calendar quarters that include the quarter in
which the 12 consecutive month period ended. All benefits paid
from the Unemployment Compensation Trust Fund attributable to
employers subject to the tax, including but not limited to the
Oregon share of extended benefits and any special state
additional benefits, shall be included in the amount of benefits
under this subsection. + }
{ + NOTE: + } Alphabetizes definitions; corrects word choice
in (4).
SECTION 214. ORS 659A.820 is amended to read:
659A.820. (1) Any person claiming to be aggrieved by an alleged
unlawful practice may file with the Commissioner of the Bureau of
Labor and Industries a verified written complaint that states the
name and address of the person alleged to have committed the
unlawful practice. The complaint may be signed by the complainant
or the attorney for the complainant. The complaint must set forth
the acts or omissions alleged to be an unlawful practice. The
complainant may be required to set forth in the complaint such
other information as the commissioner may require. Except as
provided in ORS 654.062, a complaint under this section must be
filed no later than one year after the alleged unlawful practice.
(2) A complaint may not be filed under this section if a civil
action has been commenced in state or federal court alleging the
same matters.
(3) { - Any employer whose employees, or any of them, - }
{ + If an employer has one or more employees who + } refuse or
threaten to refuse to abide by the provisions of this chapter or
to cooperate in carrying out the purposes of this chapter { + ,
the employer + } may file with the commissioner a verified
complaint requesting assistance by conciliation or other remedial
action.
(4) The commissioner shall notify the person against whom a
complaint is made within 30 days of the filing of the complaint.
The notice shall include the date, place and circumstances of the
alleged unlawful practice.
{ + NOTE: + } Remedies awkward syntax in (3).
SECTION 215. ORS 660.010 is amended to read:
660.010. As used in ORS 660.002 to 660.210, unless the context
requires otherwise:
(1) 'Apprentice' means a worker at least 16 years of age,
except where a higher minimum age is otherwise required by law,
who is employed to learn an apprenticeable occupation under
standards of apprenticeship approved by the State Apprenticeship
and Training Council.
{ - (2) 'Apprenticeship agreement' means a written agreement
between an apprentice and either the employer or the local joint
committee which shall contain the minimum terms and conditions of
the employment and training of the apprentice. - }
{ - (3) - } { + (2) + } 'Apprenticeable occupation' means a
skilled trade
{ - which - } { + that + }:
(a) Is customarily learned in a practical way through a
structured, systematic program of on-the-job supervised training;
(b) Is clearly identified and commonly recognized throughout an
industry;
(c) Involves manual, mechanical or technical skills and
knowledge { - which - } { + that + } require a minimum of
2,000 hours of on-the-job supervised training; and
(d) Requires related instruction to supplement the on-the-job
training.
{ + (3) 'Apprenticeship agreement' means a written agreement
between an apprentice and either the employer or the local joint
committee that contains the minimum terms and conditions of the
employment and training of the apprentice. + }
(4) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
(5) 'Council' means the State Apprenticeship and Training
Council.
(6) 'Course of study' means a course of study for the
instruction of apprentices or trainees established in accordance
with ORS 660.157.
(7) 'Director' means the State Director of Apprenticeship and
Training.
(8) 'District school board' includes the boards of community
college service districts, education service districts, common
school districts and community college districts.
(9) 'Employer' means any person employing the services of an
apprentice, regardless of whether such person is a party to an
apprenticeship agreement with that apprentice.
(10) 'Local joint committee' includes local joint
apprenticeship committees, local joint training committees and
trade committees.
(11) 'Program' means the total system of apprenticeship as
operated by a particular local joint committee, including the
committee's registered standards and all other terms and
conditions for the qualification, recruitment, selection,
employment and training of apprentices in that apprenticeable
occupation.
(12) 'Trainee' means a worker at least 16 years of age, except
where a higher minimum age is otherwise required by law, who is
to receive, in part consideration for services, complete
instruction in an occupation { - which - } { + that + } meets
all the requirements of an apprenticeable occupation, except that
such occupation requires { + , + } in the opinion of the council,
less than 2,000 but not less than 1,000 hours of on-the-job
supervised training.
{ + NOTE: + } Alphabetizes definitions; improves word choice
in (2), (2)(c), (3) and (12); adds missing comma in (12).
SECTION 216. ORS 660.155 is amended to read:
660.155. (1) State joint apprenticeship committees may be
formed in each apprenticeable occupation for the purpose of
promoting and coordinating the apprenticeship goals of that
occupation and of developing statewide standards and related
instructional material for a course of study in that occupation.
If only one joint committee exists for a particular occupation,
that local joint committee has the same duties and powers as a
state joint committee formed pursuant to this section. This
subsection does not apply to training programs.
(2) State joint committees shall be composed of one member
representing employers and one member representing employees from
each local joint committee for that occupation. Employer members
of a local joint committee shall choose the employer
representative to the state joint committee, and employee members
shall choose the employee representative. The employer and
employee members of trade committees shall be members of the
state joint committee for their respective occupations, but shall
be counted in { - determinating - } { + determining + } a
quorum for the state joint committee only if present. An
alternate member for each principal member from a local joint
committee shall also be selected in the same manner as the
principal members are selected. Each alternate member has full
authority to exercise the powers of the principal member for whom
the alternate was selected when that principal member is unable
to perform as a committee member.
(3) Each state joint committee shall elect a chairperson and a
vice chairperson, one of whom shall represent employers, the
other of whom shall represent employees. The committee may also
elect such other officers as it determines appropriate. All
officers elected pursuant to this subsection shall serve such
terms and have such duties and powers as the committee determines
appropriate for the performance of their functions.
(4) Meetings may be called by the chairperson or at the request
of the majority of the members of the committee. Each state joint
committee may also formulate such rules as it deems necessary for
the time, place and orderly conduct of its meetings. Each
committee shall transmit to the State Apprenticeship and Training
Council a written record of each such meeting.
{ + NOTE: + } Corrects word choice in (2).
SECTION 217. ORS 662.805 is amended to read:
662.805. As used in ORS 662.805 to 662.825, unless the context
requires otherwise:
{ - (1) 'Perishable agricultural crops' means those products
of agriculture which because of their inherent qualities or
dependence upon conditions of soil or weather, mature, decompose,
decay or deteriorate and in so doing undergo material changes of
form and quality which render them unsuitable for the use for
which they were produced. - }
{ - (2) - } { + (1) + } 'Labor dispute' includes any
controversy between an employer and a regular employee of that
employer concerning terms or conditions of employment, or
concerning the association or representation of persons in
negotiating, fixing, maintaining, changing or seeking to arrange
terms or conditions of employment.
{ + (2) 'Perishable agricultural crops' means those products
of agriculture that, because of their inherent qualities or
dependence upon conditions of soil or weather, mature, decompose,
decay or deteriorate and in so doing undergo material changes of
form and quality that render them unsuitable for the use for
which they were produced. + }
(3) 'Regular employee' means a person who has been employed by
the employer for at least six calendar work days.
{ + NOTE: + } Alphabetizes definitions; improves word choice
and punctuation in (2).
SECTION 218. ORS 663.150 is amended to read:
663.150. (1) It is an unfair labor practice for a labor
organization or its agents to picket or cause to be picketed, or
threaten to picket or cause to be picketed, any employer when an
object thereof is forcing or requiring an employer to recognize
or bargain with a labor organization as the representative of the
employees, or forcing or requiring the employees of an employer
to accept or select such labor organization as their
collective-bargaining representative, unless such labor
organization is currently certified as the representative of such
employees:
(a) Where the employer has lawfully recognized in accordance
with this chapter any other labor organization and a petition for
a representation election may not appropriately be filed;
{ - or - }
(b) Where, within the preceding 12 months, a valid election has
been conducted; or
(c) Where the picketing has been conducted without a petition
for an election and certification having been filed.
However:
(A) When such a petition has been filed the Employment
Relations Board forthwith, without regard to the absence of a
showing of a substantial interest on the part of the labor
organization and without an investigation or hearing, shall
conduct an election by secret ballot, marked at the place of
election, in such unit as the board finds to be appropriate, and
to certify the results thereof.
(B) Nothing in this section prohibits any picketing or other
publicity for the purpose of truthfully advising the public
(including consumers) that an employer does not employ members
of, or have a contract with, a labor organization, unless an
effect of the picketing is to induce an individual employed by
any other person in the course of employment, not to pick up,
deliver or transport any goods or not to perform any services.
(2) Nothing in this section permits any act that otherwise
would be an unfair labor practice under ORS 663.130 to 663.150.
{ + NOTE: + } Deletes superfluous conjunction in (1)(a).
SECTION 219. ORS 670.304 is amended to read:
670.304. Except as otherwise specifically provided, ORS 670.300
to 670.380 apply to the following professional licensing and
advisory boards:
(1) Professional licensing and advisory boards established in
the Office of the Secretary of State.
(2) The Oregon Board of Maritime Pilots, in the Department of
Transportation.
(3) The Board of Cosmetology, in the Oregon Health Licensing
Agency.
(4) The State Board of Architect Examiners.
(5) The State Landscape Contractors Board.
(6) The State Board of Examiners for Engineering and Land
Surveying.
(7) { + The + } State Landscape Architect Board.
(8) { + The + } State Board of Geologist Examiners.
(9) { + The + } State Board of Tax Practitioners.
(10) { + The + } Oregon Board of Accountancy.
(11) The Construction Contractors Board.
{ + NOTE: + } Adds missing articles in (7) to (10).
SECTION 220. ORS 677.785 is amended to read:
677.785. The Acupuncture Advisory Committee shall:
(1) Review and make recommendations concerning all applications
to the Board of Medical Examiners for acupuncture licensing or
acupuncture license renewal.
(2) Recommend to the board standards of professional
responsibility and practice for licensed acupuncturists.
(3) Recommend to the board standards of didactic and clinical
education and training for acupuncture license applicants.
(4) Recommend to the board a licensing examination that meets
the standards of the National Commission for { - Health - }
Certifying Agencies or an equivalent organization nationally
recognized for testing acupuncturists.
{ + NOTE: + } Corrects name of commission in (4).
SECTION 221. ORS 677.805 is amended to read:
677.805. As used in ORS 677.805 to 677.840:
(1) 'Ankle' means the tibial plafond and its posterolateral
border or posterior malleolus, the medial malleolus, the distal
fibula or lateral malleolus, and the talus.
(2) 'Board' means the Board of Medical Examiners for the State
of Oregon.
(3) 'Podiatric physician and surgeon' means a podiatric
physician and surgeon whose practice is limited to treating
ailments of the human foot, ankle and tendons directly attached
to and governing the function of the foot and ankle.
(4) 'Podiatry' means the diagnosis or the medical, physical or
surgical treatment of ailments of the human foot, ankle and
tendons directly attached to and governing the function of the
foot and ankle, except treatment involving the use of a general
or spinal anesthetic unless the treatment is performed in a
hospital certified in the manner described in ORS 441.055 (2) or
in an ambulatory surgical center { - certified - } { +
licensed + } by the Department of Human Services and is under the
supervision of or in collaboration with a physician licensed to
practice medicine by the Board of Medical Examiners for the State
of Oregon. ' Podiatry' does not include the administration of
general or spinal anesthetics or the amputation of the entire
foot.
{ + NOTE: + } Corrects terminology in (4).
SECTION 222. ORS 677.812 is amended to read:
677.812. Surgery of the ankle as defined in ORS 677.805 must be
conducted:
(1) In a hospital certified in the manner described in ORS
441.055 (2) or in an ambulatory surgical center
{ - certified - } { + licensed + } by the Department of Human
Services; and
(2) By a podiatric physician and surgeon who meets the
qualifications for ankle surgery established by rule of the Board
of Medical Examiners.
{ + NOTE: + } Corrects terminology in (1).
SECTION 223. { + ORS 688.135 is added to and made a part of
ORS 688.010 to 688.201. + }
{ + NOTE: + } Adds section to appropriate series.
SECTION 224. ORS 688.830 is amended to read:
688.830. (1) The Oregon Health Licensing Agency shall:
(a) Determine the qualifications and fitness of applicants for
licensure, renewal of license and reciprocal licenses under ORS
688.800 to 688.840.
(b) Adopt rules that are necessary to conduct its business
related to, carry out its duties under and administer ORS 688.800
to 688.840.
(c) Examine, approve, issue, deny, revoke, suspend and renew
licenses to practice respiratory care under ORS 688.800 to
688.840.
(d) Maintain a public record of persons licensed by the agency
to practice respiratory care.
(2) The Respiratory Therapist Licensing Board shall:
(a) Establish standards of practice and professional
responsibility for persons licensed by the agency.
(b) Select a licensing examination that meets the standards of
the National Commission for { - Health - } Certifying Agencies
or an equivalent that is nationally recognized in testing
respiratory care competencies.
(c) Establish continuing education requirements for renewal of
a license.
(d) Provide for waivers of examinations, grandfathering
requirements and temporary licenses as considered appropriate.
{ + NOTE: + } Corrects name of commission in (2)(b).
SECTION 225. ORS 691.405 is amended to read:
691.405. As used in ORS 691.405 to 691.585:
(1) 'American Dietetic Association' means the national
professional organization of dietitians that provides direction
and leadership for quality dietetic practice, education and
research.
(2) 'Board' means the Board of Examiners of Licensed Dietitians
established under ORS 691.485.
(3) 'Commission on Dietetic Registration' means the commission
on dietetic registration that is a member of the National
Commission for { - Health - } Certifying Agencies.
(4) 'Department' means the Department of Human Services.
(5) 'Dietetics practice' means the integration and application
of principles derived from the sciences of nutrition,
biochemistry, food, management, physiology and behavioral and
social sciences to achieve and maintain the health of people
through:
(a) Assessing the nutritional needs of clients;
(b) Establishing priorities, goals and objectives that meet
nutritional needs of clients;
(c) Advising and assisting individuals or groups on appropriate
nutritional intake by integrating information from a nutritional
assessment with information on food and other sources of
nutrients and meal preparation; and
(d) Evaluating, making changes in and maintaining appropriate
standards of quality in food and nutrition services.
(6) 'Licensed dietitian' means a dietitian licensed as provided
in ORS 691.435.
{ + NOTE: + } Corrects name of commission in (3).
SECTION 226. ORS 701.055 is amended to read:
701.055. (1) A person may not undertake, offer to undertake or
submit a bid to do work as a contractor unless that person has a
current, valid license issued by the Construction Contractors
Board. A partnership, corporation or joint venture may not
undertake, offer to undertake or submit a bid to do work as a
contractor unless that partnership, corporation or joint venture
is licensed under this chapter. A partnership or joint venture is
licensed for the purpose of offering to undertake work as a
contractor on a structure if any of the partners or joint
venturers whose name appears in the business name of the
partnership or joint venture is licensed under this chapter.
(2) A licensed partnership or corporation shall notify the
board immediately upon any change in licensed partners or
corporate officers. If a partnership no longer has a licensed
partner, the partnership may not conduct activities that require
a license under this chapter.
(3) A city, county or the State of Oregon may not issue a
building permit to any person required to be licensed under this
chapter that does not have a current, valid license. A county,
city or state agency that requires the issuance of a permit as a
condition precedent to construction, alteration, improvement,
demolition, movement or repair of any building or structure or
the appurtenances to the structure shall, as a condition for
issuing the permit, require that the applicant for a permit file
a written statement, subscribed by the applicant. The statement
must affirm that the applicant is licensed under this chapter,
give the license number and state that the license is in full
force and effect, or, if the applicant is exempt from licensing
under this chapter, list the basis for the exemption. The city,
county or state agency shall list the contractor's license number
on the permit obtained by that contractor.
(4) If the applicant for a building permit is exempt from
licensure under ORS 701.010 (6), the city, county or state shall
supply the applicant with an Information Notice to Property
Owners About Construction Responsibilities. The city, county or
state may not issue a building permit for a residential structure
to the applicant until the applicant signs a statement in
substantially the following form:
_________________________________________________________________
(a) I have read and understand the Information Notice to
Property Owners About Construction Responsibilities; and
(b) I own, reside in or will reside in the completed dwelling.
My general contractor is ______, Construction Contractors Board
license no. ____, license expiration date _____. I will instruct
my general contractor that all subcontractors who work on this
dwelling must be licensed with the Construction Contractors
Board; or
(c) I am performing work on property I own, a residence that I
reside in or a residence that I will reside in.
(d) I will be my own general contractor and, if I hire
subcontractors, I will hire only subcontractors licensed with the
Construction Contractors Board.
(e) If I change my mind and do hire a general contractor, I
will contract with a general contractor who is licensed with the
Construction Contractors Board and I will immediately notify the
office issuing this building permit of the name of the general
contractor ______.
_________________________________________________________________
(5) The board shall adopt by rule a form entitled ' Information
Notice to Property Owners About Construction Responsibilities'
that shall describe, in nontechnical language and in a clear and
coherent manner using words in their common and everyday meaning,
the responsibilities property owners are undertaking by acting as
their own general contractor and the problems that could develop.
The responsibilities described in the form shall include, but not
be limited to:
(a) Compliance with state and federal laws regarding Social
Security tax, income tax and unemployment tax.
(b) Workers' compensation insurance on workers.
(c) Liability and property damage insurance.
(6) The board shall develop and furnish to city, county and
state building permit offices, at no cost to the offices, the
Information Notice to Property Owners About Construction
Responsibilities and the statement to be signed by the permit
applicant.
(7) A city or county that requires a business license for
engaging in a business subject to regulation under this chapter
shall require that the licensee or applicant for issuance or
renewal of the business license file, or have on file, with the
city or county, a signed statement that the licensee or applicant
is licensed under this chapter.
(8) It is prima facie evidence of doing business as a
contractor if a person for that person's own use performs,
employs others to perform, or for compensation and with the
intent to sell the structure, arranges to have performed any work
described in ORS 701.005 (3) if within any 36-month period that
person offers for sale two or more newly built structures on
which that work was performed.
(9) Licensure under this chapter is prima facie evidence that
the licensee conducts a separate, independent business.
(10) The provisions of this chapter are exclusive and a city,
county or other political subdivision may not require or issue
any registrations, licenses or surety bonds, nor charge any fee
for the regulatory or surety registration of any contractor
licensed with the board. This subsection does not limit or
abridge the authority of any city or county to:
(a) License and levy and collect a general and
nondiscriminatory license fee levied upon all businesses or upon
business conducted by any firm within the city or county;
(b) Require a contractor to pay a fee, post a bond or require
insurance when the city, county or political subdivision is
contracting for the service of the contractor; or
(c) Regulate a contractor that is not required to be licensed
under this chapter.
(11)(a) A contractor shall maintain a list that includes the
following information about all subcontractors or other
contractors performing work on a project for that contractor:
(A) Names and addresses.
(B) License numbers.
(b) The contractor must deliver the list referred to in
paragraph (a) of this subsection to the board within 72 hours
after a board request made during reasonable working hours.
(12) A contractor may not hire any subcontractor or other
contractor to perform work unless the subcontractor or contractor
is licensed under this chapter or exempt from licensure under ORS
701.010.
(13) { + The board shall prepare and provide at no cost to all
licensed contractors + } a consumer notification form designed to
specifically inform { - a - } property { - owner - } { +
owners + } what the property
{ - owner - } { + owners + } should do to protect themselves
in { - a - } residential repair, remodel or construction
{ + projects + } { - project shall be prepared by the board
and provided at no cost to all licensed contractors - } .
{ - The - } { + A + } contractor shall deliver the form to the
property owner when the contractor submits a bid or proposal for
work on a residential structure. The form shall include an
explanation of the meaning of licensure, including a statement
that licensure is not an endorsement of a contractor's work, and
an explanation of the bond and insurance levels required of
contractors for the benefit of property owners. The form must not
be larger than one side of a sheet of paper that is 8-1/2 inches
by 11 inches. The contractor may reproduce the form on the
contractor's bid proposal.
(14) A contractor may not perform work subject to this section
for an owner of a residential structure without a written
contract if the aggregate contract price exceeds $2,000. If the
price of a contract was initially less than $2,000, but during
the course of performance the contract exceeds that amount, the
contractor shall mail or otherwise deliver a written contract to
the owner not later than five days after the contractor knows or
should reasonably know that the contract price will exceed
$2,000. Failure to have a written contract will not void the
contract.
(15) Except as provided in ORS 671.540, a contractor that is
not licensed under ORS 671.560 shall hire a person licensed under
ORS 671.560 to perform landscaping work.
{ + NOTE: + } Recasts sentence to correct grammar and
improves word choice in (13).
SECTION 226a. { + If House Bill 2109 becomes law, section 226
of this 2007 Act (amending ORS 701.055) is repealed. + }
{ + NOTE: + } Resolves conflict with House Bill 2109.
SECTION 227. ORS 701.500 is amended to read:
701.500. The Legislative Assembly finds that:
(1) The federal government regulates lead poisoning and lead
hazard reduction through:
(a)(A) The Lead-Based Paint Poisoning Prevention Act;
(B) The Lead Contamination Control Act of 1988;
(C) The Safe Drinking Water Act;
(D) The Resource Conservation and Recovery Act of 1976; and
(E) The Residential Lead-Based Paint Hazard Reduction Act of
1992; and
(b) Implementing regulations of:
(A) The Department of Housing and Urban Development;
(B) The Environmental Protection Agency;
(C) The Occupational Safety and Health Administration; and
(D) The Centers for Disease Control { + and Prevention + }.
(2) In 1992, Congress passed the federal Residential Lead-Based
Paint Hazard Reduction Act, which requires that:
(a) States provide for the accreditation of lead-based paint
activities training programs, the certification of persons
completing such training programs and the licensing of lead-based
paint activities contractors pursuant to standards to be
developed by the Environmental Protection Agency.
(b) Effective October 28, 1995, sellers and landlords of
residential housing constructed before 1978 notify buyers and
tenants of known lead-based paint hazards.
(3) Lead affects every system of the body. It is harmful to
individuals of all ages and is especially harmful to children,
fetuses and women of childbearing age. Lead poisoning is one of
the most common and preventable pediatric health problems today.
{ + NOTE: + } Corrects title in (1)(b)(D).
SECTION 228. ORS 709.030 is amended to read:
709.030. (1) Except as provided in subsection (4) of this
section, no person other than a trust company shall transact a
trust business in this state. Except as provided in subsection
(4) of this section, before a person transacts any trust business
in this state, the person shall obtain the approval of the
Director of the Department of Consumer and Business Services if
required under ORS 709.005 and shall deposit with the director,
as security and as a pledge for the faithful conduct of its trust
business:
(a) Cash or interest-bearing securities { - , which securities
shall - } { + that + } have a ready market value;
(b) A surety bond issued by a surety company authorized to
transact business in this state and in a form approved by the
director, under which the principal and surety indemnify the
several owners of the fund held in trust against loss due to the
failure of the trust company;
(c) An irrevocable letter of credit issued by an insured
institution, as defined in ORS 706.008; or
(d) Any combination of cash, letters of credit,
interest-bearing securities and surety bond.
(2) If the cash and securities held in trust amount to less
than { - $1,000,000 - } { + $1 million + }, the deposit,
bond, letters of credit or combination thereof shall be $50,000.
If the cash and securities held in trust amount to
{ - $1,000,000 - } { + at least $1 million + } but do not
exceed { - $1,500,000 - } { + $1.5 million + }, the deposit,
bond, letters of credit or combination thereof shall be $100,000.
For each $500,000 or fraction thereof in excess of
{ - $1,500,000 - } { + $1.5 million + } held in trust, the
deposit, bond, or letters of credit or combination thereof shall
be increased an additional $25,000 { - ; - } { + , + } except a
trust company shall not be required to increase the deposit,
bond, letters of credit or combination thereof to an amount in
excess of { - $1,000,000 - } { + $1 million + }.
(3) The securities shall be deposited with the director and
held by the director as trustee for the beneficiaries of the
trust funds held by the trust company.
(4) A person shall not be required to be a trust company if the
person:
(a) Does not and will not regularly transact trust business in
the ordinary course of the person's business;
(b) Acts in a manner authorized by law and in the scope of
authority as an agent of a trust company;
(c) Is an attorney rendering a service customarily performed by
an attorney;
(d) Is acting as trustee under a deed of trust;
(e) Is a licensed real estate broker or principal real estate
broker rendering a service customarily performed by a broker;
(f) Is a licensed escrow agent rendering a service customarily
performed by an escrow agent; or
(g) Is exempt from the provisions of subsection (1) of this
section by rule of the director.
{ + NOTE: + } Improves syntax in (1)(a) and (2); conforms
numbers to legislative style in (2).
SECTION 229. ORS 709.535 is amended to read:
709.535. (1) Subject to the provisions of this section, and
subject to the approval of the Director of the Department of
Consumer and Business Services, an Oregon trust company may sell
all or any portion of its assets or transfer all or any portion
of its liabilities to another trust company outside the ordinary
course of business. Any such sale or transfer shall be documented
by an acquisition transaction agreement between or among the
parties { - , which - } { + . The + } agreement { - shall - }
{ + must + } be approved by the board of directors of each
party to the transaction.
(2) If an Oregon trust company proposes to transfer all or
substantially all of its assets, liabilities or both outside the
ordinary course of business, it shall send notice of the
acquisition transaction to each of its stockholders within 30
days after its board approves the acquisition transaction { - ,
which - } { + . The + } notice shall set forth the substantive
provisions of ORS 711.175, 711.180 and 711.185. To be effective,
each Oregon trust company that is a party to the acquisition
transaction shall have the acquisition transaction approved by a
two-thirds vote of the outstanding stock of each class of voting
shares at a meeting called to consider the acquisition
transaction.
(3) The director shall approve an acquisition transaction that
is subject to this section if the director finds that the
acquisition transaction:
(a) Conforms with the provisions of the Bank Act;
(b) Will not be detrimental to the safety and soundness of an
Oregon trust company that is a party to the acquisition
transaction;
(c) Is not contrary to the public interest; and
(d) If the acquiring trust company is not an Oregon trust
company, the director is satisfied that the acquisition
transaction is permitted by the supervisory authority, if any,
having jurisdiction over the acquiring trust company.
(4) If the director disapproves an acquisition transaction that
is subject to this section, the director shall state any
objections in writing and give the parties to the acquisition
transaction an opportunity to take action to obviate the
objections.
(5) Any party to an acquisition transaction agreement may
appeal the decision of the director as provided in ORS 183.415 to
183.500.
{ + NOTE: + } Improves grammar in (1) and (2).
SECTION 230. ORS 711.550 is amended to read:
711.550. (1) If the Director of the Department of Consumer and
Business Services rejects any claim in whole or in part { + , + }
written notice of the rejection shall be given to the claimant,
either in person or by mail. If notice by mail is given { + , + }
it is sufficient that the notice be sent to the address indicated
by the claimant on the proof of claim filed with the director. If
no address is given, then it is sufficient if the notice is
mailed to the last address of the claimant as shown by the books
and records of the closed institution. If notice of rejection is
given by mail, the notice is considered to have been given by the
director on the day when the notice of rejection is properly
addressed and deposited in the { - mails - } { + mail + },
postage prepaid. Proof of giving of notice of rejection by the
director shall be made by affidavit, and the affidavit shall be
prima facie evidence of the giving of notice. The affidavit shall
be filed in the office of the director.
(2) Within 30 days after the giving of the notice of rejection,
the claimant { - , - } may appeal the rejection by serving the
director with notice of appeal and by filing the notice with the
clerk of the supervising court with proof of service of the
notice upon the director and a copy, certified as correct by the
director, of the rejected claim and the indorsement made thereon
by the director.
{ + NOTE: + } Corrects punctuation in (1) and (2); improves
word choice in (1).
SECTION 231. ORS 713.045 is amended to read:
713.045. (1) If an extranational institution becomes insolvent
or goes into voluntary or involuntary liquidation or cannot
otherwise pay its deposit or other liabilities, the Director of
the Department of Consumer and Business Services may take
possession of the assets required to be deposited under ORS
713.025 directly or through the appointment of a receiver, free
of any liens and other claims { - , and those - } { + . The + }
assets shall be held by the director or receiver in trust.
(2) Unless the deposited assets are delivered to the Federal
Deposit Insurance Corporation as receiver, the amount available
for distribution to the depositors under subsection (1) of this
section shall be allocated to the depositors of the office pro
rata to the extent of their deposits.
(3) Any additional deposited assets remaining after the
distributions to depositors provided for in subsection (2) of
this section shall be available for distribution to the other
creditors of the extranational institution in accordance with ORS
711.530 to 711.570.
(4) As used in this section, the term 'depositor' has the
meaning { - ascribed to it - } { + given that term + } in ORS
711.515.
{ + NOTE: + } Truncates run-on sentence in (1); improves word
choice in (4).
SECTION 232. ORS 716.592 is amended to read:
716.592. A savings bank may pledge its assets to secure public
funds as provided under ORS chapter 295. For the purposes of this
section, 'public funds' has the meaning { - ascribed to it
by - } { + given that term in + } ORS 295.005.
{ + NOTE: + } Improves word choice.
SECTION 233. { + ORS 722.002 is repealed. + }
{ + NOTE: + } Blends sections to improve statutory
construction. See section 234 (amending 722.004).
SECTION 234. ORS 722.004 is amended to read:
722.004. { + As used in this chapter, unless the context
otherwise requires: + }
(1) 'Account holder' means a person who owns a savings account.
(2) 'Borrower' means a person who is an obligor under a loan
agreement entered into by a savings association as obligee.
(3) 'Branch facility' or 'branch' means an established place of
business or a mobile or other facility of an association, other
than the principal office, at which any savings and loan business
activity is carried on.
(4) 'Community' means a centralized area or locality in which a
body of inhabitants is gathered in one group having common
residential, social or business interests. The term does not
necessarily mean a city, county or other political subdivision
and need not but may be limited by lines and boundaries { + , + }
and a large, populous area under one or more forms of government
may be composed of several communities.
(5) 'Demand deposit' means a deposit in an account that is
payable on demand upon the presentation of a negotiable check or
draft.
(6) 'Department' means the Department of Consumer and Business
Services.
(7) 'Depositor' means a person who deposits money in a savings
account in an association.
(8) 'Director' means the Director of the Department of Consumer
and Business Services.
(9) 'Domestic association' means a corporation that transacts
savings and loan business under articles of incorporation issued
by this state.
(10) 'Federal association' means a corporation that transacts
savings and loan business in this state under authority to do so
issued under federal law.
(11) 'Foreign association' means a corporation, other than a
federal association, organized to transact savings and loan
business under the laws of any other state or territory of the
United States.
(12) 'Independent auditor' means a public accountant or a
certified public accountant authorized to practice as a public
accountant or as a certified public accountant under the laws of
this state, or a firm of such accountants.
(13) 'Managing officer' means an officer of a savings
association designated by the board of directors of the
association as provided by ORS 722.102.
(14)(a) 'Member,' in a mutual association, means an account
holder and any other person who is a member of a class of persons
granted membership rights by the articles of incorporation or the
bylaws.
(b) 'Member,' in a stock association, means a stockholder and
any other person who is a member of a class of persons granted
membership rights by the articles of incorporation or the bylaws.
(15) 'Mutual association' means a savings association formed
without authority to issue stock.
(16) 'Principal office' means the office of the headquarters of
a savings association in this state.
(17) 'Savings account' means the interest of an account holder
in the savings liability of a savings association.
(18) 'Savings association' or 'association' means a domestic
association or a foreign association and includes a stock or a
mutual association.
(19) 'Savings Association Act' means this chapter.
(20) 'Savings bank' has the meaning given that term by ORS
706.008, except as otherwise provided in ORS 722.014 relating to
name.
(21) 'Savings liability' means the total amount on deposit in
all savings accounts of a savings association plus interest
earned on such accounts.
(22) 'Service corporation' means a corporation:
(a) That is engaged, or proposes to engage, in a business
activity related to savings and loan business; and
(b) In which at least 80 percent of the shares of stock having
voting rights are owned by one or more saving associations or
federal associations.
(23) 'Stock association' means a savings association formed
with authority to issue stock.
(24) 'Stockholder' means a person who appears on the records of
a savings association as the owner of one or more shares of stock
of the association.
(25) 'To transact savings and loan business' means to engage in
business activities to promote savings and home building and
ownership, to acquire funds of the public to invest in loans and
to make repayments to savers as provided in savings plans.
(26) 'Withdrawal value' means the amount of a savings account,
less lawful deductions.
{ + NOTE: + } Blends sections to improve statutory
construction. See section 233 (repealing 722.002). Adds comma in
(4).
SECTION 235. ORS 735.430 is amended to read:
735.430. (1) The Surplus Line Association of Oregon shall be
the advisory organization of surplus lines licensees to:
(a) Facilitate and encourage compliance by resident and
nonresident surplus lines licensees with the laws of this state
and the rules of the Director of the Department of Consumer and
Business Services relative to surplus lines insurance;
(b) Provide means for the examination, which shall remain
confidential as provided in ORS 705.137, of all surplus lines
coverage written by resident and nonresident surplus lines
licensees to determine whether the coverages comply with the
Oregon Surplus Lines Law;
(c) Communicate with organizations of admitted insurers with
respect to the proper use of the surplus lines market;
(d) Receive and disseminate to resident and nonresident surplus
lines licensees information relative to surplus lines coverages;
and
(e) Receive and collect on behalf of the state and remit to the
state premium receipts tax for surplus lines insurance.
(2) The Surplus Line Association of Oregon shall file with the
director:
(a) A copy of its constitution, articles of agreement or
association or certificate of incorporation;
(b) A copy of its bylaws and rules governing its activities;
(c) A current list of members;
(d) The name and address of a resident of this state upon whom
notices or orders of the director or processes issued at the
direction of the director may be served;
(e) An agreement that the director may examine the Surplus Line
Association of Oregon in accordance with the provisions of this
section; and
(f) A schedule of fees and charges.
(3) The director may make or cause to be made an examination of
the { - surplus lines advisory organization - } { + Surplus
Line Association of Oregon + }. The reasonable cost of any such
examination shall be paid by the { - surplus lines advisory
organization - } { + association + } upon presentation to it by
the director of a detailed account of each cost. The officers,
managers, agents and employees of the { - surplus lines
advisory organization - } { + association + } may be examined
at any time, under oath, and shall exhibit all books, records,
accounts, documents or agreements governing its method of
operation. The director shall furnish two copies of the
examination report to the { - surplus lines advisory
organization examined - } { + association + } and shall notify
{ - such organization - } { + the association + } that it may,
within 20 days thereof, request a hearing on the report or on any
facts or recommendations therein. If the director finds the
{ - surplus lines advisory organization - } { + association + }
or any member thereof to be in violation of ORS 735.400 to
735.495, the director may issue an order requiring the
discontinuance of such violation.
(4) The Surplus Line Association of Oregon may charge resident
and nonresident surplus lines licensees and nonresident producing
insurance producers a fee for reviewing surplus lines policies
and for collecting, on behalf of the state, taxes imposed under
ORS 735.470. The association shall adopt bylaws implementing this
subsection.
{ + NOTE: + } Eliminates generic titles in (3).
SECTION 236. ORS 735.465 is amended to read:
735.465. (1) On or before the end of each month, each surplus
lines licensee shall file with the Director of the Department of
Consumer and Business Services, as prescribed by the director, a
verified report of all surplus lines insurance transacted on
risks resident in this state during the preceding 90 days. The
report need not show transacted surplus lines insurance that was
reported in an earlier report. The report shall show:
(a) Aggregate gross premiums written;
(b) Aggregate return premiums; and
(c) Amount of aggregate tax.
(2) The director may direct that reports required under
subsection (1) of this section be made to the Surplus
{ - Lines - } { + Line + } Association of Oregon and that the
Surplus { - Lines - } { + Line + } Association of Oregon file
a combined report thereof with the director. The director may
also require that reports required under subsection (1) of this
section be made electronically but may exempt a licensee from the
requirement for good cause shown.
(3) For the purpose of collecting taxes on insurance covering
the Oregon portion of risks when the insurance is placed outside
this state and covers a risk with exposures located both in this
state and outside this state, the director may establish by rule
requirements for filing reports on surplus lines insurance
transacted outside this state on risks with exposures located
both in this state and outside this state.
{ + NOTE: + } Corrects title in (2).
SECTION 237. ORS 735.470 is amended to read:
735.470. (1) The surplus lines licensee shall pay the Director
of the Department of Consumer and Business Services an amount
equal to the tax { - which - } { + that + } would have been
imposed under ORS 731.816 (1993 Edition) if that section were in
effect and operative, and the tax { - which - } { + that + }
is imposed by ORS 731.820, on authorized insurers for the
premiums shown in the report required by ORS 735.465. The tax
shall be collected by the surplus lines licensee as specified by
the director, in addition to the full amount of the gross premium
charged by the insurer for the insurance. The tax on any portion
of the premium unearned at termination of insurance having been
credited by the state to the licensee shall be returned to the
policyholder directly by the surplus lines licensee or through
the producing insurance producer, if any. The surplus lines
licensee is prohibited from absorbing such tax and from rebating
for any reason, any part of such tax.
(2) The surplus lines tax is due quarterly on the 45th day
following the calendar quarter in which the premium is collected.
The tax shall be paid to and reported on forms prescribed by the
director or upon the director's order paid to and reported on
forms prescribed by the { - surplus lines association - } { +
Surplus Line Association of Oregon + }.
(3) Notwithstanding subsection (2) of this section, if a
surplus lines license is terminated or nonrenewed for any reason,
the taxes described in this section are due on the 30th day after
the termination or nonrenewal.
(4) In applying ORS 731.816 (1993 Edition) for purposes of this
section, the rate shall be two percent rather than two and
one-quarter percent.
(5) The director by rule shall establish procedures for payment
of taxes on the Oregon portion of risks covered by surplus lines
insurance policies transacted outside this state that cover risks
with exposures both in this state and outside this state.
{ + NOTE: + } Improves word choice in (1); replaces generic
title in (2).
SECTION 238. ORS 735.740 is amended to read:
735.740. (1) The Office of Private Health Partnerships may
impose sanctions against an individual who violates any provision
of ORS 735.720 to 735.740 or rules adopted { + pursuant + }
thereto, including but not limited to suspension or termination
from the Family Health Insurance Assistance Program and repayment
of any subsidy amounts paid due to the omission or
misrepresentation of an applicant or enrolled individual.
Sanctions allowed under this subsection shall be imposed in the
manner prescribed in ORS chapter 183.
(2) In addition to the sanctions available pursuant to
subsection (1) of this section, the office may impose a civil
penalty not to exceed $1,000 against any individual who violates
any provision of ORS 735.720 to 735.740 or rules adopted pursuant
thereto. Civil penalties imposed pursuant to this section shall
be imposed pursuant to ORS 183.745.
{ + NOTE: + } Supplies missing word in (1).
SECTION 239. ORS 742.560 is amended to read:
742.560. As used in ORS 742.560 to 742.572:
{ + (1) 'Cancellation' means termination of coverage by an
insurer, other than termination at the request of the insured,
during a policy period. + }
{ + (2) 'Expiration' means termination of coverage by reason
of the policy having reached the end of the term for which it was
issued or the end of the period for which a premium has been
paid. + }
{ - (1) 'Policy' means any insurance policy which provides
automobile liability coverage, uninsured motorist coverage,
automobile medical payments coverage or automobile physical
damage coverage on individually owned private passenger vehicles
including pickup and panel trucks and station wagons, which are
not used as a public or livery conveyance for passengers, nor
rented to others; provided, however, that ORS 742.560 to 742.572
shall not apply to any policy: - }
{ - (a) Issued under an automobile assigned risk plan; - }
{ - (b) Insuring more than four automobiles; - }
{ - (c) Covering garage, automobile sales agency, repair
shop, service station or public parking place operation hazards;
or - }
{ - (d) Issued principally to cover personal or premises
liability of an insured even though such insurance may also
provide some incidental coverage for liability arising out of the
ownership, maintenance or use of a motor vehicle on the premises
of such insured or on the ways immediately adjoining such
premises. - }
{ - (2) 'Renewal' or 'to renew' means to continue coverage
for an additional policy period upon expiration of the current
policy period of a policy. Any policy with a policy period or
term of less than six months shall for the purpose of ORS 742.560
to 742.572 be considered as if written for a policy period or
term of six months. Any policy written for a term longer than one
year or any policy with no fixed expiration date shall for the
purpose of ORS 742.560 to 742.572 be considered as if written for
successive policy periods or terms of one year but not extending
beyond the actual term for which the policy was written. - }
(3) 'Nonpayment of premium' means failure of the named insured
to discharge when due any of the insured's obligations in
connection with the payment of premiums on the policy, or any
installment of such premium, whether the premium is payable
directly to the insurer or an insurance producer who is its agent
or indirectly under any premium finance plan or extension of
credit.
{ - (4) 'Cancellation' means termination of coverage by an
insurer, other than termination at the request of the insured,
during a policy period. - }
{ - (5) - } { + (4) + } 'Nonrenewal' means a notice by an
insurer to the named insured that the insurer is unwilling to
renew a policy.
{ - (6) 'Expiration' means termination of coverage by reason
of the policy having reached the end of the term for which it was
issued or the end of the period for which a premium has been
paid. - }
{ + (5) 'Policy' means any insurance policy that provides
automobile liability coverage, uninsured motorist coverage,
automobile medical payments coverage or automobile physical
damage coverage on individually owned private passenger vehicles,
including pickup and panel trucks and station wagons, that are
not used as a public or livery conveyance for passengers, nor
rented to others. However, ORS 742.560 to 742.572 do not apply to
any policy:
(a) Issued under an automobile assigned risk plan;
(b) Insuring more than four automobiles;
(c) Covering garage, automobile sales agency, repair shop,
service station or public parking place operation hazards; or
(d) Issued principally to cover personal or premises liability
of an insured even though such insurance may also provide some
incidental coverage for liability arising out of the ownership,
maintenance or use of a motor vehicle on the premises of such
insured or on the ways immediately adjoining such premises.
(6) 'Renewal' or 'to renew' means to continue coverage for an
additional policy period upon expiration of the current policy
period of a policy. Any policy with a policy period or term of
less than six months shall for the purpose of ORS 742.560 to
742.572 be considered as if written for a policy period or term
of six months. Any policy written for a term longer than one year
or any policy with no fixed expiration date shall for the purpose
of ORS 742.560 to 742.572 be considered as if written for
successive policy periods or terms of one year but not extending
beyond the actual term for which the policy was written. + }
{ + NOTE: + } Alphabetizes definitions; improves word choice
and punctuation in (5).
SECTION 240. ORS 743.556, as amended by section 1, chapter 705,
Oregon Laws 2005, is amended to read:
743.556. A group health insurance policy providing coverage for
hospital or medical expenses shall provide coverage for expenses
arising from treatment for chemical dependency, including
alcoholism, and for mental or nervous conditions at the same
level as, and subject to limitations no more restrictive than,
those imposed on coverage or reimbursement of expenses arising
from treatment for other medical conditions. The following apply
to coverage for chemical dependency and for mental or nervous
conditions:
(1) As used in this section:
(a) 'Chemical dependency' means the addictive relationship with
any drug or alcohol characterized by a physical or psychological
relationship, or both, that interferes on a recurring basis with
the individual's social, psychological or physical adjustment to
common problems. For purposes of this section, 'chemical
dependency' does not include addiction to, or dependency on,
tobacco, tobacco products or foods.
(b) 'Facility' means a corporate or governmental entity or
other provider of services for the treatment of chemical
dependency or for the treatment of mental or nervous conditions.
(c) 'Group health insurer' means an insurer, a health
maintenance organization or a health care service contractor.
(d) 'Program' means a particular type or level of service that
is organizationally distinct within a facility.
(e) 'Provider' means a person that has met the credentialing
requirement of a group health insurer, is otherwise eligible to
receive reimbursement for coverage under the policy and is:
(A) A health care facility;
(B) A residential program or facility;
(C) A day or partial hospitalization program;
(D) An outpatient service; or
(E) An individual behavioral health or medical professional
authorized for reimbursement under Oregon law.
(2) The coverage may be made subject to provisions of the
policy that apply to other benefits under the policy, including
but not limited to provisions relating to deductibles and
coinsurance. Deductibles and coinsurance for treatment in health
care facilities or residential programs or facilities may not be
greater than those under the policy for expenses of
hospitalization in the treatment of other medical conditions.
Deductibles and coinsurance for outpatient treatment may not be
greater than those under the policy for expenses of outpatient
treatment of other medical conditions.
(3) The coverage may not be made subject to treatment
limitations, limits on total payments for treatment, limits on
duration of treatment or financial requirements unless similar
limitations or requirements are imposed on coverage of other
medical conditions. The coverage of eligible expenses may be
limited to treatment that is medically necessary as determined
under the policy for other medical conditions.
(4)(a) Nothing in this section requires coverage for:
(A) Educational or correctional services or sheltered living
provided by a school or halfway house;
(B) A long-term residential mental health program that lasts
longer than 45 days;
(C) Psychoanalysis or psychotherapy received as part of an
educational or training program, regardless of diagnosis or
symptoms that may be present;
(D) A court-ordered sex offender treatment program; or
(E) A screening interview or treatment program under ORS
813.021.
(b) Notwithstanding paragraph (a)(A) of this subsection, an
insured may receive covered outpatient services under the terms
of the insured's policy while the insured is living temporarily
in a sheltered living situation.
(5) A provider is eligible for reimbursement under this section
if:
(a) The provider is approved by the Department of Human
Services;
(b) The provider is accredited for the particular level of care
for which reimbursement is being requested by the Joint
Commission on Accreditation of Hospitals or the Commission on
Accreditation of Rehabilitation Facilities;
(c) The patient is staying overnight at the facility and is
involved in a structured program at least eight hours per day,
five days per week; or
(d) The provider is providing a covered benefit under the
policy.
(6) Payments may not be made under this section for support
groups.
(7) If specified in the policy, outpatient coverage may include
follow-up in-home service or outpatient services. The policy may
limit coverage for in-home service to persons who are homebound
under the care of a physician.
(8) Nothing in this section prohibits a group health insurer
from managing the provision of benefits through common methods,
including but not limited to selectively contracted panels,
health plan benefit differential designs, preadmission screening,
prior authorization of services, utilization review or other
mechanisms designed to limit eligible expenses to those described
in subsection (3) of this section.
(9) The Legislative Assembly has found that health care cost
containment is necessary and intends to encourage insurance
policies designed to achieve cost containment by ensuring that
reimbursement is limited to appropriate utilization under
criteria incorporated into such policies, either directly or by
reference.
(10)(a) Subject to the patient or client confidentiality
provisions of ORS 40.235 relating to physicians, ORS 40.240
relating to nurse practitioners, ORS 40.230 relating to
psychologists and ORS 40.250 and 675.580 relating to licensed
clinical social workers, a group health insurer may provide for
review for level of treatment of admissions and continued stays
for treatment in health care facilities, residential programs or
facilities, day or partial hospitalization programs and
outpatient services by either group health insurer staff or
personnel under contract to the group health insurer, or by a
utilization review contractor, who shall have the authority to
certify for or deny level of payment.
(b) Review shall be made according to criteria made available
to providers in advance upon request.
(c) Review shall be performed by or under the direction of a
medical or osteopathic physician licensed by the Board of Medical
Examiners for the State of Oregon, a psychologist licensed by the
State Board of Psychologist Examiners or a clinical social worker
licensed by the State Board of Clinical Social Workers, in
accordance with standards of the National Committee for Quality
Assurance or Medicare review standards of the Centers for
Medicare and Medicaid Services.
(d) Review may involve prior approval, concurrent review of the
continuation of treatment, post-treatment review or any
combination of these. However, if prior approval is required,
provision shall be made to allow for payment of urgent or
emergency admissions, subject to subsequent review. If prior
approval is not required, group health insurers shall permit
providers, policyholders or persons acting on their behalf to
make advance inquiries regarding the appropriateness of a
particular admission to a treatment program. Group health
insurers shall provide a timely response to such inquiries.
Noncontracting providers must cooperate with these procedures to
the same extent as contracting providers to be eligible for
reimbursement.
(11) Health maintenance organizations may limit the receipt of
covered services by enrollees to services provided by or upon
referral by providers contracting with the health maintenance
organization. Health maintenance organizations and health care
service contractors may create substantive plan benefit and
reimbursement differentials at the same level as, and subject to
limitations no more restrictive than, those imposed on coverage
or reimbursement of expenses arising out of other medical
conditions and apply them to contracting and noncontracting
providers.
(12) Nothing in this section prevents a group health insurer
from contracting with providers of health care services to
furnish services to policyholders or certificate holders
according to ORS 743.531 or 750.005, subject to the following
conditions:
(a) A group health insurer is not required to contract with all
eligible providers.
(b) An insurer or health care { - services - } { +
service + } contractor shall, subject to subsections (2) and (3)
of this section, pay benefits toward the covered charges of
noncontracting providers of services for the treatment of
chemical dependency or mental or nervous conditions. The insured
shall, subject to subsections (2) and (3) of this section, have
the right to use the services of a noncontracting provider of
services for the treatment of chemical dependency or mental or
nervous conditions, whether or not the services for chemical
dependency or mental or nervous conditions are provided by
contracting or noncontracting providers.
(13) The intent of the Legislative Assembly in adopting this
section is to reserve benefits for different types of care to
encourage cost effective care and to ensure continuing access to
levels of care most appropriate for the insured's condition and
progress.
(14) The Director of the Department of Consumer and Business
Services, after notice and hearing, may adopt reasonable rules
not inconsistent with this section that are considered necessary
for the proper administration of these provisions.
{ + NOTE: + } Substitutes preferred term in (12)(b).
SECTION 241. ORS 744.001 is amended to read:
744.001. (1) ORS 744.001 to 744.009, 744.011, 744.013, 744.014,
744.018, 744.022 to 744.033 and 744.037 govern the licensing of
adjusters and insurance consultants.
(2) An applicant for a license as an adjuster or an insurance
consultant shall apply for the license to the Director of the
Department of Consumer and Business Services. The applicant shall
include the following information:
(a) The applicant's name, business address, residence address,
present occupation, occupation for the last 12 months, the
portion of time to be devoted to the insurance business, previous
insurance experience and the names of employers during the
preceding five years. The applicant shall include the business
address of the principal place of business and the business
address of each additional location at which the applicant will
transact business under the license.
(b) All assumed business names and other names under which the
applicant will engage in business under the license.
(c) Whether the applicant has ever been convicted of or is
under indictment for a crime, whether the applicant has ever had
a judgment entered against the applicant for fraud, whether any
insurer or insurance producer claims the applicant is indebted to
it and the details of any such indebtedness, and whether any
license of the applicant to act in any occupational or
professional capacity has ever been refused, revoked or suspended
in this or any other state.
(d) The applicant's fingerprints, if the applicant is applying
for a resident license. An applicant applying for a nonresident
license shall provide the applicant's fingerprints only if the
director so requests.
(e) The class or classes of insurance to be transacted under
the license.
(f) Any other information that the director requires by rule.
(3) If the applicant for a license under this section is a firm
or corporation, the application shall show, in addition, the
names of all members, officers and directors. If the
{ - application - } { + applicant + } is a corporation, the
application shall state the names of all stockholders who own,
directly or indirectly, more than 10 percent of any class of any
equity security of the corporation, and shall designate each
individual who is to exercise the powers to be conferred by the
license upon the firm or corporation.
(4) Each application shall be accompanied by the applicable
fees established by the director.
{ + NOTE: + } Corrects word choice in (3).
SECTION 242. ORS 744.056 is amended to read:
744.056. (1) ORS 744.052 to 744.089 do not require an insurer
to obtain a license as an insurance producer as required by ORS
744.053. For purposes of this section, the term 'insurer' does
not include an insurer's officers, directors, employees,
subsidiaries or affiliates.
(2) A license as an insurance producer is not { - be - }
required of any of the following:
(a) An officer, director or employee of an insurer or an
insurance producer, if the officer, director or employee does not
receive any commission on or fee for policies written or sold to
insure risks residing, located or to be performed in this state
and:
(A) The officer's, director's or employee's activities are
executive, administrative, managerial, clerical or a combination
of these, and are only indirectly related to the sale,
solicitation or negotiation of insurance;
(B) The officer's, director's or employee's function relates to
underwriting, loss control, inspection or the processing,
adjusting, investigating or settling of a claim on a contract of
insurance; or
(C) The officer, director or employee is acting in the capacity
of an agency supervisor assisting insurance producers when the
person's activities are limited to providing technical advice and
assistance to insurance producers and do not include the sale,
solicitation or negotiation of insurance.
(b) A person who does either of the following, when the person
does not receive any commission or fee for the service:
(A) Secures and furnishes information for the purpose of group
life insurance, group property and casualty insurance, group
annuities or group or blanket health insurance or for the purpose
of enrolling individuals under plans, issuing certificates under
plans or otherwise assisting in administrative plans; or
(B) Performs administrative services related to mass-marketed
property and casualty insurance.
(c) An employer or an association of employers or its officers,
directors or employees, or the trustees of an employee trust
plan:
(A) To the extent that the employers, associations, directors,
officers, employees or trustees are engaged in the administration
or operation of a program of employee benefits for the employer's
or association's own employees or the employees of its
subsidiaries or affiliates;
(B) To the extent that the program of employee benefits
involves the use of insurance issued by an insurer; and
(C) As long as the employers, associations, officers,
directors, employees or trustees are not in any manner
compensated, directly or indirectly, by the insurer issuing the
insurance.
(d) An employee of an insurer or an organization employed by
insurers who is engaging in the inspection, rating or
classification of risks, or in the supervision of the training of
insurance producers and who is not individually engaged in the
sale, solicitation or negotiation of insurance.
(e) A person whose activities in this state are limited to
advertising without the intent to solicit insurance in this state
through communications in printed publications or electronic mass
media, the distribution of which is not limited to residents of
this state, but only if the person does not sell, solicit or
negotiate insurance that would insure risks residing, located or
to be performed in this state.
(f) A person who is not a resident of this state who sells,
solicits or negotiates a policy of insurance for commercial
property and casualty risks to an insured with risks located in
more than one state insured under that policy, but only if the
person is otherwise licensed as an insurance producer to sell,
solicit or negotiate that insurance in the state where the
insured maintains its principal place of business and the
contract of insurance insures risks located in that state.
(g) A salaried full-time employee who counsels or advises the
employer of the employee relative to the insurance interests of
the employer or of the subsidiaries or business affiliates of the
employer, but only if the employee does not sell or solicit
insurance or receive any commission.
(h) An attorney in fact of an authorized reciprocal insurer, or
the salaried representative of the insurer or attorney who does
not receive any commission.
(i) A person engaging in the lawful transaction of reinsurance.
(j) Salaried employees of title insurance producers or
insurers, except for the individual or individuals designated as
exercising the powers conferred by a title insurance producer's
license.
(k) Any agent or representative of persons exempt from the
Insurance Code under ORS 731.036 or holding a certificate of
exemption under ORS 731.042, with respect to the exempted
transactions.
(L) Any agent or representative of a fraternal benefit society
who devotes, or intends to devote, less than 50 percent of the
agent's or representative's time to the solicitation and
procurement of insurance policies for that society. Any person
who in the preceding calendar year has solicited and procured
life insurance policies on behalf of any fraternal benefit
society for an amount of insurance in excess of $50,000 or, in
the case of any other class or classes of insurance that the
society might write, on the persons of more than 25 individuals,
and who has received or will receive a commission or other
compensation therefor, shall be presumed to be devoting, or
intending to devote, 50 percent or more of the person's time to
the solicitation and procurement of insurance policies for that
society.
(m) A person engaging in the lawful transaction of home
protection insurance if the person is a real estate licensee as
defined in ORS 696.010, and if the transaction of such insurance
by the person is subject to a written contract, to which the
insurer is a party, governing the person's activities in the
transaction.
(n) Salaried employees of a financial institution or trust
company, as those terms are defined in ORS 706.008, who, in the
regular course of business with the customers of the financial
institution or trust company, present the customers with written
information about savings account annuities issued by an
authorized insurer. Any person who purchases such an annuity may
rescind the transaction within 10 days after the issuance of the
contract. For purposes of this paragraph, 'savings account
annuities' means annuities purchased with the proceeds of a
savings account, certificate or share in a financial institution
or trust company.
(3) A person who provides general insurance advice in
connection with providing other professional services such as
legal services, trust services, tax and accounting services,
financial planning or investment advisory services is not
considered to be soliciting the sale of insurance for the purpose
of the definition of 'insurance producer' in ORS 731.104.
{ + NOTE: + } Corrects grammar in (2).
SECTION 243. ORS 748.603 is amended to read:
748.603. (1) Societies are governed by this chapter and are
exempt from all other provisions of the insurance laws of this
state unless expressly designated therein, or unless specifically
made applicable by this chapter.
(2) ORS 705.137, 705.139, 731.004 to 731.026, 731.036 to
731.136, 731.146 to 731.156, 731.162, 731.166, 731.170, 731.216
to 731.268, 731.296, 731.324, 731.328, 731.354, 731.356, 731.358,
731.378, 731.380, 731.381, 731.382, 731.385, 731.386, 731.390,
731.394, 731.396, 731.398, 731.402, 731.406, 731.410, 731.422 to
731.434, 731.446 to 731.454, 731.488, 731.504, 731.508, 731.509,
731.510, 731.511, 731.512, 731.592, 731.594, 731.730, 731.731,
731.735, 731.737, 731.750, 731.804, 731.844 to 731.992, 732.245,
732.250, 732.320, 732.325, 733.010 to 733.050, 733.080, 733.140
to 733.210, 733.220, 733.510, 733.652 to 733.658, 733.730 to
733.750, 735.600 to 735.650, 742.001, 742.003, 742.005, 742.007,
742.009, 742.013 to 742.021, 742.028, 742.038, 742.041, 742.046,
742.051, 742.150 to 742.162 and 744.700 to 744.740 and ORS
chapters 734 and 743 { - shall - } apply to fraternal benefit
societies to the extent { - so applicable and - } not
inconsistent with the express provisions of this chapter.
(3) For the purposes of this subsection and subsection (2) of
this section, fraternal benefit societies shall be deemed
insurers, and benefit certificates issued by fraternal benefit
societies shall be deemed policies.
(4) Every society authorized to do business in this state shall
be subject to the provisions of ORS chapter 746 relating to
unfair trade practices. However, nothing in ORS chapter 746 shall
be construed as applying to or affecting the right of any society
to determine its eligibility requirements for membership, or be
construed as applying to or affecting the offering of benefits
exclusively to members or persons eligible for membership in the
society by a subsidiary corporation or affiliated organization of
the society.
{ + NOTE: + } Eliminates excess verbiage in (2).
SECTION 244. ORS 802.250 is amended to read:
802.250. (1) An eligible public employee may request that any
driver or vehicle record kept by the Department of Transportation
that contains or is required to contain the eligible employee's
residence address contain instead the address of the public
agency employing the eligible employee. A request under this
section shall:
(a) Be in a form specified by the department that provides for
verification of the eligible employee's employment.
(b) Contain verification by the employing public agency of the
eligible employee's employment with the public agency.
(2) Upon receipt of a request and verification under subsection
(1) of this section, the department shall remove the eligible
employee's residence address from its records, if necessary, and
substitute therefor the address of the public agency employing
the eligible employee. The department shall indicate on the
records that the address shown is an employment address. While
the request is in effect, the eligible employee may enter the
address of the public agency employing the eligible employee on
any driver or vehicle form issued by the department that requires
an address.
(3) A public agency that verifies an eligible employee's
employment under subsection (1) of this section shall notify the
department within 30 days if the eligible employee ceases to be
employed by the public agency. The eligible employee shall notify
the department of a change of address as provided in ORS 803.220
or 807.560.
(4) As used in this section, 'eligible employee' means:
(a) A member of the State Board of Parole and Post-Prison
Supervision.
(b) The Director of the Department of Corrections and an
employee of an institution defined in ORS 421.005 as Department
of Corrections institutions, whose duties, as assigned by the
superintendent, include the custody of persons committed to the
custody of or transferred to the institution.
(c) A parole and probation officer employed by the Department
of Corrections and an employee of the Department of Corrections
Release Center whose duties, as assigned by the Chief of the
Release Center, include the custody of persons committed to the
custody of or transferred to the Release Center.
(d) A police officer appointed under ORS 276.021 or 276.023.
(e) An employee of the State Department of Agriculture who is
classified as a brand inspector by the Director of Agriculture.
(f) An investigator of the Criminal Justice Division of the
Department of Justice.
(g) A corrections officer as defined in ORS 181.610.
(h) A federal officer. As used in this paragraph, 'federal
officer' means a special agent or law enforcement officer
employed by:
(A) The Federal Bureau of Investigation;
(B) The United States Secret Service;
(C) The United States Citizenship and Immigration Services;
(D) The United States Marshals Service;
(E) The Drug Enforcement Administration;
(F) The United States Postal Service;
(G) The United States Customs and Border Protection;
(H) The United States General Services Administration;
(I) The United States Department of Agriculture;
(J) The Bureau of Alcohol, Tobacco { + , + } { - and - }
Firearms { + and Explosives + };
(K) The Internal Revenue Service;
(L) The United States Department of the Interior; or
(M) Any federal agency if the person is empowered to effect an
arrest with or without warrant for violations of the United
States Code and is authorized to carry firearms in the
performance of duty.
(i) An employee of the Department of Human Services whose
duties include personal contact with clients or patients of the
department.
(j) Any judge of a court of this state.
(k) An employee of the Oregon Youth Authority whose duties
include personal contact with persons committed to the legal or
physical custody of the authority.
(L) A district attorney, as defined in ORS 131.005, or deputy
district attorney.
(m) An employee who provides educational services to persons
who are clients or patients of the Department of Human Services,
who are under the jurisdiction of the Psychiatric Security Review
Board or who are under the custody or supervision of the
Department of Corrections, the State Board of Parole and
Post-Prison Supervision, a community corrections agency, the
Oregon Youth Authority or a juvenile department. As used in this
paragraph, 'employee who provides educational services' means a
person who provides instruction, or services related to the
instruction, of a subject usually taught in an elementary school,
a secondary school or a community college or who provides special
education and related services in other than a school setting and
who works for:
(A) An education service district or a community college
district; or
(B) A state officer, board, commission, bureau, department or
division in the executive branch of state government that
provides educational services.
(n) An employee of the Oregon Liquor Control Commission who is:
(A) An inspector;
(B) An investigator; or
(C) A regulatory manager.
{ + NOTE: + } Corrects title in (4)(h)(J).
SECTION 245. ORS 810.540 is amended to read:
810.540. Game wardens and all other state law enforcement
officers within their respective { - jurisdiction - } { +
jurisdictions + } shall enforce the provisions relating to
snowmobiles and all-terrain vehicles under ORS 821.190, 821.210,
821.220 and 821.240 to 821.290. The authority granted by this
section to enforce laws relating to snowmobiles and all-terrain
vehicles is in addition to any authority of police officers to
enforce such laws.
{ + NOTE: + } Corrects word choice.
SECTION 246. ORS 825.490 is amended to read:
825.490. (1) On or before the last day of each month, except
for the time of payment provided in ORS 825.480 and 825.492, all
persons shall report and pay to the Department of Transportation
the amount of taxes and fees due from them for the preceding
calendar month. However, taxes and fees incurred after the 15th
day of any month may be reported and paid to the department on or
before the last day of the second calendar month following the
month in which the taxes or fees were incurred. If no taxes or
fees are due in any reporting period, the report shall so state.
If payment is not made on or before the date it is due, there
shall be added as a late payment charge a sum equal to 10 percent
of the unpaid amount of the tax.
(2) The department may permit a person to report and pay motor
carrier taxes and fees on a periodic basis other than the
calendar-month basis prescribed in subsection (1) of this
section, provided that the number of reporting periods in any
12-month period { - shall not be - } { + is not + } less than
12. If no taxes or fees are due in any reporting period, the
report shall so state. If payment is not made on or before the
date it is due, there shall be added as a late payment charge a
sum equal to 10 percent of the unpaid amount of the tax.
(3) Whenever practicable, and in no event later than three
years after any report of taxes or fees is filed, the department
shall audit { - it - } { + the report + } if the department
deems such audit practicable. If the department is not satisfied
with the report filed or amount of taxes or fees, including fees
for temporary passes required under ORS 825.470 { - (2) - } ,
paid to the state by any person, the department may, not later
than three years after the report was filed or the taxes or fees
were paid, make a proposed assessment of additional taxes or fees
due from such person based upon any information available to the
department. There shall be added to each such assessment, as a
late payment charge, a sum equal to 10 percent of the amount of
additional taxes or fees due.
(4) Every such additional assessment shall bear interest at the
rate of one percent per month, or fraction thereof, from the last
day of the month following the close of the month for which the
additional assessment is imposed until paid.
(5) If the additional assessment imposed exceeds by at least
five percent but not more than 15 percent the amount of taxes or
fees reported or paid { + , + } a penalty of five percent of the
amount of the additional assessment shall be added thereto in
addition to the 10 percent late payment charge provided in
subsection (3) of this section.
(6) If the additional assessment imposed exceeds by more than
15 percent the amount of taxes or fees reported or paid, a
penalty of 20 percent of the amount of the additional assessment
shall be added thereto in addition to the 10 percent late payment
charge provided in subsection (3) of this section.
(7) The department shall give to the person concerned written
notice of such additional assessment.
(8) Except as provided in ORS 825.484 (3), the department shall
refund to any person the amount of any overpayment caused by any
incorrect report.
(9) Whenever the department has made an assessment pursuant to
this section { - which - } { + that + } has become final the
department may not reopen or reassess such taxes, interest or
penalties unless the department is satisfied that the taxpayer
fraudulently or with intent to evade taxation destroyed,
concealed or withheld any books, accounts, papers, records or
memoranda required to be maintained by the taxpayer pursuant to
this chapter or the rules of the department.
{ + NOTE: + } Improves syntax in (2) and (3); corrects
citation in (3); adds comma in (5) for clarity; corrects word
choice in (9).
SECTION 247. ORS 825.494 is amended to read:
825.494. (1) If any person neglects or refuses to make a fee or
tax report as required by this chapter, the Department of
Transportation shall make a proposed assessment, based upon any
information available to the department, for the period for which
such person failed to make a report, of the amount of taxes and
fees, including fees for temporary passes required under ORS
825.470 { - (2) - } , due for the period for which such
proposed assessment is made.
(2) Each assessment shall bear interest at the rate of one
percent per month, or fraction thereof, from the last day of the
month following the close of the month for which the assessment
is imposed until paid.
(3) There shall be added to every such assessment a penalty of
25 percent of the amount thereof.
(4) The department shall give to such person written notice of
such assessment.
(5) Whenever the department has made an assessment pursuant to
this section { - which - } { + that + } has become final the
department may not reopen or reassess such taxes, fees, interest
or penalties unless the department is satisfied that the taxpayer
fraudulently or with intent to evade taxation destroyed,
concealed or withheld any books, accounts, papers, records or
memoranda required to be maintained by a person subject to this
chapter or the rules of the department.
{ + NOTE: + } Corrects citation in (1); corrects word choice
in (5).
SECTION 248. ORS 837.990 is amended to read:
837.990. (1) Except as otherwise provided in this section and
subject to ORS 153.022, a person commits a Class A violation if
the person violates any provision of this chapter or any rule
adopted, or order issued, under this chapter.
(2) The offense described in ORS 837.080, prohibited
{ - aircraft - } operation { + of an aircraft + }, is a Class
B misdemeanor.
{ + NOTE: + } Corrects name of offense in (2).
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