74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 157
LC 533/SB 157-3
SENATE AMENDMENTS TO
SENATE BILL 157
By COMMITTEE ON HEALTH AND HUMAN SERVICES
April 30
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and delete line 3 and insert '410.602 and
410.604.'.
Delete lines 5 through 23.
In line 24, delete '3' and insert '1' and delete ' Sections 4
to 8 of this 2007 Act are' and insert 'Section 2 of this 2007 Act
is'.
In line 26, delete '4' and insert '2'.
On page 2, line 3, after 'approved' insert 'or sponsored'.
In line 5, after 'or' insert 'arrange for'.
In line 6, delete 'or both' and insert 'including group
coverage' and after the semicolon insert 'and'.
Delete lines 7 through 45 and delete pages 3 and 4 and insert:
' (d) Charge and collect fees, as prescribed by rule, for
persons who are not current or prospective home care workers to
attend training sessions sponsored by the commission.
' (2) The commission and the Department of Human Services shall
confer as to the amount of funds necessary to carry out the
duties and activities of the commission, and the department shall
include the agreed upon amount in the Governor's budget request
to the Legislative Assembly.
' (3) The commission may apply for and receive gifts and grants
from any public or private source.
' (4) The commission may award grants from funds appropriated
by the Legislative Assembly to the department for allocation to
the commission or from funds otherwise available from any other
source for the purpose of carrying out the duties of the
commission under ORS 410.600 to 410.614.
' { + SECTION 3. + } ORS 410.602 is amended to read:
' 410.602. (1) The Home Care Commission is created, consisting
of nine members appointed by the Governor and confirmed by the
Senate as provided in ORS 171.562 and 171.565. Five members shall
be elderly or disabled persons who are receiving or who have
received home care services. One member shall be appointed to
represent each of the following entities, or a successor entity,
for as long as a comparable entity exists:
' (a) Governor's Commission on Senior Services;
' (b) Department of Human Services;
' (c) Oregon Disabilities Commission; and
' (d) Oregon Association of Area Agencies on Aging and
Disabilities.
' (2) The members shall be appointed for terms of three years.
A member is eligible for reappointment and may serve no more than
three consecutive terms. When making appointments to the
commission, the Governor may consider recommendations from the
entities listed in subsection (1) of this section and other
organizations representing the interests of elderly and disabled
persons.
' (3) If there is a vacancy for any cause, the Governor shall
make an appointment to become immediately effective for the
unexpired term.
' (4) The commission shall exercise all powers necessary to
effectuate the purposes of ORS 410.600 to 410.614.
' (5) The Governor shall select annually from the membership of
the commission a chairperson who serves at the pleasure of the
Governor. The chairperson or majority of the members of the
commission then in office shall have the power to call regular or
special meetings of the commission. The commission shall meet at
a place, date and hour determined by the commission.
' (6) Members of the commission shall be paid compensation and
expenses as provided in ORS 292.495 from such funds as may be
available to the commission.
' (7) Meetings of the commission shall be open and public in
accordance with ORS 192.610 to 192.690. Records of the commission
shall be open and available to the public in accordance with ORS
192.410 to 192.505. The commission shall meet regularly with the
executive director of the Home Care Commission to make
recommendations and set policy, to approve or reject reports of
the { + executive + } director, to adopt rules and to transact
other business.
' (8) A quorum of the commission shall consist of a majority of
the members of the commission then in office. All decisions of
the commission shall be made by a majority of all the members
then in office.
' (9) The commission shall, in accordance with ORS chapter 183,
adopt and enforce rules to carry out the provisions of ORS
410.600 to 410.614.
' { + (10) The commission is not subject to ORS 291.050 to
291.060.
' (11) Members of the commission are officers of the state and
the commission is a state commission for purposes of ORS 30.260
to 30.300 and 278.120 and ORS chapter 180.
' (12) The chairperson may sign, on behalf of the commission,
contracts or agreements that the commission authorizes or is
required to execute. + } ' .
On page 5, delete lines 1 through 39.
In line 40, delete '10' and insert '4'.
On page 6, delete lines 8 through 13 and insert:
' (2)(a) The commission shall enter into an interagency
agreement with the department to contract for a department
employee to serve as executive director of the commission. The
executive director shall be appointed by the Director of Human
Services in consultation with the Governor and subject to
approval by the commission, and shall serve at the pleasure of
the Director of Human Services. The commission may delegate to
the executive director the authority to act on behalf of the
commission to carry out its duties and responsibilities,
including but not limited to:
' (A) Entering into contracts or agreements; and
' (B) Taking reasonable or necessary actions related to the
commission's role as employer of record for home care workers
under ORS 410.612.
' (b) The commission shall enter into an interagency agreement
with the department for carrying out any of the duties or
functions of the commission, for department expenditures and for
the provision of staff support by the department.'.
In line 20, delete the boldfaced material and insert ' contract
for services, lease, acquire, hold, own, encumber, insure, sell,
replace, deal in and with and dispose of real and personal
property in its own name'.
Delete lines 21 through 45 and delete page 7.
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