75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2168
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Oregon Military Department)
CHAPTER ................
AN ACT
Relating to 9-1-1 communications; amending ORS 401.706, 401.710,
401.715, 401.720, 401.730, 401.755, 401.765, 401.770, 401.773,
401.775, 401.780, 401.785, 401.790, 401.792, 401.798, 401.800,
401.802, 401.804, 401.806, 401.808, 401.814, 401.821, 401.827,
401.832, 401.833, 401.834, 401.836, 401.838, 401.839, 401.841,
401.842, 401.844, 401.847 and 401.857 and section 13, chapter
671, Oregon Laws 1987; and repealing ORS 401.735.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 401.706 is amended to read:
401.706. It is the policy of the State of Oregon to { + :
(1) + } Encourage and support the rapid deployment of broadband
telecommunications services in areas of the state { - where
such - } { + in which the + } services do not exist { - ,
to - } { + ;
(2) + } Support redundancy of critical telecommunications
assets in order to ensure homeland security protections in the
state { + ; + } and
{ - to - }
{ + (3) + } Ensure that a secure conduit is available for
emergency communications and public safety networks in all Oregon
communities.
SECTION 2. ORS 401.710 is amended to read:
401.710. As used in ORS 305.823 and 401.710 to 401.816, unless
the context requires otherwise:
(1) 'Account' means the Emergency Communications Account.
(2) 'Central office' means a utility that houses the switching
and trunking equipment serving telephones in a defined area.
(3) 'Department' means the Department of Revenue.
(4) 'Emergency call' means a telephone request that results
from a situation { - where - } { + in which + } prompt
service is essential to preserve human life or property.
(5) 'Enhanced 9-1-1 telephone service' means 9-1-1 telephone
service consisting of a network, database and on-premises
equipment that provides automatic display { - at - } { + of
the incoming telephone number and address in + }the designated
public safety answering point { - of the address and telephone
number - } at the time of receiving an incoming 9-1-1 call.
(6) 'Exchange access services' means:
(a) Telephone exchange access lines or channels that provide
local access by a subscriber in this state to the local
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telecommunications network to effect the transfer of information;
and
(b) Unless a separate tariff rate is charged therefor, any
facility or service provided in connection with the services
described in paragraph (a) of this subsection.
(7) 'Governing body' means the board of county commissioners of
a county, city council of a city, other governing body of a city
or county, board of directors of a special district or a 9-1-1
jurisdiction.
(8) 'Local government' has the meaning given that term in ORS
190.710.
(9) 'Provider' means a utility or other vendor or supplier of
telecommunications service or equipment that provides
telecommunications with access to the 9-1-1 emergency reporting
system through local exchange service, cellular service or other
wired or wireless means.
(10) 'Public or private safety agency' means any unit of state
or local government, a special-purpose district or a private firm
that provides or has authority to provide fire-fighting, police,
ambulance or emergency medical services.
(11) 'Public safety answering point' means a 24-hour
communications facility established as an answering location for
9-1-1 calls originating within a given service area. A 'primary
public safety answering point' receives all calls directly from
the public. A 'secondary public safety answering point' only
receives calls from a primary public safety answering point on a
transfer or relay basis.
(12) 'Subscriber' means a person who has telecommunication
access to the 9-1-1 emergency reporting system through local
exchange service, cellular service or other wired or wireless
means.
(13) 'TTY' means a telephone-typewriter used by { - a
person - } { + an individual + } with a hearing or speech
impairment to communicate with another device or individual.
(14) 'Utility' means a utility { + , + } as defined in ORS
759.005, a telecommunications carrier { + , + } as defined in ORS
133.721 { + , + } { - or - } a municipality or any provider of
exchange access services.
(15) 'Vendor' means { - any corporation, company, individual
or association, - } { + a person + } providing telephone
customer premises equipment or equipment specific to the
operation of enhanced 9-1-1 telephone service.
(16) '9-1-1 emergency reporting system' means a telephone
service that provides the users of a public telephone system the
ability to reach a primary public safety answering point by
calling 9-1-1.
(17) '9-1-1 jurisdiction' means { + :
(a) + } An entity created under ORS chapter 190 { - , - }
{ + ;
(b) + } A county service district established under ORS chapter
451 to provide an emergency communications system { - , - }
{ + ;
(c) + } An emergency communications district created under ORS
401.818 to 401.857 { + ; + } or
{ + (d) + } A group of public or private safety agencies who
have agreed in writing to jointly plan the installation,
maintenance, operation or improvement of a 9-1-1 emergency
reporting system.
(18) '9-1-1 service area' means the geographical area that
contains the entire central office serving area from which the
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primary public safety answering point will have the capability to
answer calls placed to 9-1-1.
SECTION 3. ORS 401.715 is amended to read:
401.715. { - No provider or any subsidiary of a provider or
any other person that supplies 9-1-1 emergency reporting system
equipment, or enhanced 9-1-1 telephone service equipment or
services, or the employees or agents thereof, or the 9-1-1
jurisdiction or the employees or agents thereof, shall - }
{ + A provider or a 9-1-1 jurisdiction or the employees or
agents of a provider or a 9-1-1 jurisdiction may + } be held
civilly liable for the installation, performance, provision or
maintenance of a 9-1-1 emergency reporting system or enhanced
9-1-1 telephone service if the provider { - , subsidiary or
other supplier, or the employees or agents thereof, or the 9-1-1
jurisdiction or the employees or agents thereof, - } { + or the
9-1-1 jurisdiction or the employees or agents of the provider or
the 9-1-1 jurisdiction + } act { - without - } { + with + }
willful or wanton conduct. { - Nothing in this section
shall - } { + This section does not + } affect any liability a
9-1-1 jurisdiction may have for operator or operator-supervisor
negligence in receiving calls from the public and { - rendering
dispatch - } { + dispatching emergency + } services to the
public.
SECTION 4. ORS 401.720 is amended to read:
401.720. (1) The primary emergency telephone number within the
state { - shall be - } { + is + } 9-1-1, but a public or
private safety agency shall maintain both a separate
{ - seven - } { + 10 + }-digit secondary emergency number for
use by the telephone company operator and a separate
{ - seven - } { + 10 + }-digit nonemergency number.
(2) Every public and private safety agency in this state shall
{ + establish or + } participate in a 9-1-1 emergency reporting
system.
(3) { - No - } { + An + } emergency telephone number other
than 9-1-1
{ - shall - } { + may not + } be published on the top
three-quarters of the emergency listing page of a telephone book.
However, an alternative nonemergency telephone number for a 9-1-1
jurisdiction may be printed on the top three-quarters of the
emergency listing page of a telephone book. The { + publisher
may use the + } remainder of the page { - may be used - } to
list the Oregon Poison Center, Federal Bureau of Investigation, a
designated mental health crises service and United States Coast
Guard, where applicable. If there is more than one mental health
crises service in a jurisdiction, the county health department
shall decide which mental health crises service { - to - }
{ + the publisher may + } list by using the criteria of a
24-hour staffed service, nonprofit organization { - , - } and
non-9-1-1 participating agency. { - Referral - } { + The
publisher shall refer + }to the community services section
{ - will be made - } for other numbers.
(4) The 9-1-1 emergency reporting system { - shall - }
{ + must + } include at a minimum:
(a) A primary public safety answering point { + that is + }
automatically accessible anywhere in the 9-1-1 jurisdiction
service area by calling 9-1-1;
(b) Central dispatch of public and private safety services in
the 9-1-1 service area or relay or transfer of 9-1-1 calls to an
appropriate public or private safety agency; and
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(c) Two 9-1-1 circuits from each { - utility - } central
office to each primary public safety answering point.
(5) { - Every public and private safety agency in this state
shall establish or participate in a 9-1-1 emergency reporting
system using enhanced 9-1-1 telephone service before January 1,
2000. - } In addition to the requirements set forth in
subsection (4) of this section, enhanced 9-1-1 telephone service
{ - shall include - } { + must provide + }:
(a) Two call-taker stations { - with staffing required for
one - } { + and staffing for at least one of the stations at all
times + };
(b) Automatic display { - at - } { + of the incoming
telephone number and address in + } the designated public safety
answering point { - of the address and telephone number - } at
the time of receiving an incoming 9-1-1 call;
(c) A network { - which is - } developed to transport
address and telephone number information to the designated public
safety answering point automatically { - upon a person placing
a call - } { + when a call is placed + } to 9-1-1; and
(d) Emergency telephone service in which { - no more than - }
one
{ - call - } { + or fewer calls + }in 100 attempts
{ - will - } receive a busy signal on the first attempt during
the average busiest hour { - or a minimum of two 9-1-1 circuits
to the primary public safety answering point - } . { + A public
safety answering point may not have fewer than two 9-1-1
circuits. + }
SECTION 5. ORS 401.730 is amended to read:
401.730. (1) The Office of Emergency Management shall:
(a) Adopt rules in accordance with ORS chapter 183 relating to
the planning, administration and funding of 9-1-1 emergency
reporting systems established pursuant to ORS 401.720.
(b) { - Upon - } { + Assist, at the + } request of a 9-1-1
jurisdiction, local government or governing body,
{ - assist - } in planning 9-1-1 emergency reporting systems
{ - . In addition, the office may - } { + or may, + } at the
request of a 9-1-1 jurisdiction { + , + } act as an agent of the
9-1-1 jurisdiction for the purposes of purchasing and maintaining
equipment and services required to fulfill the requirements of
ORS 401.720.
(c) Report biennially to the Legislative Assembly the progress
made in implementing ORS 305.823 and 401.710 to 401.816
{ - . The report shall include - } { + , including in the
report:
(A) + } Financial information concerning { - all - }
{ + the + } revenues collected, distributed and expended by
state agencies and 9-1-1 jurisdictions { - , and all account and
subaccount balances, - } for the purposes of complying with ORS
401.710 to 401.816 { + ; and
(B) Account and subaccount balances + }.
{ - (2) Notwithstanding subsection (1) of this section, the
office shall not require by rule or otherwise that the proposed
or established 9-1-1 emergency reporting system of a 9-1-1
jurisdiction meet any technical standards in addition to those
provided in ORS 401.720. - }
{ - (3) - } { + (2) + } The office may establish advisory
committees and study groups to study and advise on { + :
(a) + } The planning and administration of 9-1-1 emergency
reporting systems { - , - } { + ;
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(b) + } Multijurisdictional 9-1-1 emergency reporting
systems { + ; + } and
{ + (c) + } Issues impacting 9-1-1 emergency reporting
systems throughout the state.
{ + NOTE: + } Section 6 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 7. ORS 401.755 is amended to read:
401.755. (1) Each 9-1-1 jurisdiction shall submit to the Office
of Emergency Management in writing within 30 days any change
{ - made - } to the 9-1-1 emergency telephone system
{ - which - } { + that + } alters the final plan or system
description on file with the office. { - Such - } { + The + }
changes may include { + , + } but are not limited to { - , - }
{ + : + }
{ + (a) + } The address of the public safety answering point
{ - , - } { + ;
(b) + } Telephone numbers used to satisfy requirements set
forth in ORS 401.720 { - , - } { + ;
(c) + } Director changes { - , - } { + ;
(d) + } Agencies served by the 9-1-1 jurisdiction { + ; + } and
{ + (e) The + } method used to direct the 9-1-1 call once
received by the primary public safety answering point.
(2) If an established 9-1-1 jurisdiction proposes to move its
9-1-1 emergency reporting system from one public safety answering
point to another or a governing body proposes to establish a new
9-1-1 jurisdiction with a new primary public safety answering
point and if either of these proposals will result in control of
the 9-1-1 emergency reporting system by an agency or agencies
other than as identified in the final plan approved by the office
under ORS 401.750 (1987 Replacement Part), section 7, chapter
743, Oregon Laws 1991, or the system description filed with the
office under ORS 401.750 (5) (1987 Replacement Part), the 9-1-1
jurisdiction or governing body shall submit a plan setting forth
these changes to:
(a) The Office of Emergency Management;
(b) Public and private safety agencies in the 9-1-1 service
area; and
(c) Utilities which provide telephone service in the 9-1-1
service area.
(3) In addition to meeting the requirements of ORS 401.720 and
rules adopted pursuant to ORS 401.730, the { + revised final + }
plan
{ - shall include a description of all - } { + must describe
the + } capital and recurring costs for the proposed 9-1-1
emergency reporting system.
(4) The office shall review the revised { + final + } plan for
compliance with this section, ORS 401.720 and rules adopted
pursuant to ORS 401.730 and, if the office determines that the
plan is in compliance, { - the office shall - } approve the
plan.
(5) The office { - shall - } { + may + } not approve a
{ + revised final + } plan submitted under this section unless
the plan is accompanied by written approval of the governing
bodies of all public and private safety agencies affected by or
providing service in the 9-1-1 service area.
SECTION 8. ORS 401.765 is amended to read:
401.765. (1) Each telecommunications utility { - or
municipality - } that provides exchange access service or radio
communications service and that provides automatic telephone
number identification to public safety answering points may not
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block the number of the calling party from being forwarded on
9-1-1 calls.
(2) Automatic telephone number identifications received by
public safety answering points are confidential and are not
subject to public disclosure unless and until an official report
is written by the public or private safety agency and that agency
does not withhold the telephone number under ORS 192.410 to
192.505 or other state and federal laws. { - Nonpublished and
nonlisted telephone numbers may not be included in official
reports of public safety answering points and public and private
safety agencies or otherwise be subject to public disclosure
without the permission of the subscriber. - } { + The official
report of a public safety answering point may not include
nonpublished or nonlisted telephone numbers. The official report
of a public or private safety agency may not include nonpublished
or nonlisted telephone numbers. Nonpublished or nonlisted
telephone numbers are not otherwise subject to public disclosure
without the permission of the subscriber. + }
(3) { - Any telecommunications utility that in good faith
provides - } { + A telecommunications utility is not subject to
an action for civil damages for providing in good faith
+ }confidential or nonpublic information, including nonpublished
and nonlisted subscriber information, to emergency services
providers who are responding to emergency calls placed to a 9-1-1
or an enhanced 9-1-1 emergency reporting system or notifying the
public of an emergency { - is not subject to an action for
civil damages as a result thereof. Nothing in this subsection
compels - } { + . This subsection does not compel + } a
telecommunications utility to provide nonpublished and nonlisted
subscriber information directly to emergency services providers
or law enforcement agencies prior to placement of an emergency
call to a 9-1-1 or an enhanced 9-1-1 emergency reporting system
without process of law. { - Any - } Subscriber information
acquired by a 9-1-1 jurisdiction for the purpose of enhancing a
9-1-1 emergency reporting system is not subject to public
disclosure and may not be used by other public agencies except:
(a) To respond to a 9-1-1 call; or
(b) { - If a telecommunications utility provides subscriber
information to a 9-1-1 jurisdiction or emergency services
provider, the 9-1-1 jurisdiction or emergency services provider
may use the information - } To notify the public of an emergency
by utilizing an automated telephone notification system { + if a
telecommunications utility has provided subscriber information to
the 9-1-1 jurisdiction or emergency services provider + }.
SECTION 9. ORS 401.770 is amended to read:
401.770. { - Any person, partnership, corporation, company or
association which - } { + A person that + } provides telephone
service through a coin or credit card operated pay station
telephone in an area served by a 9-1-1 emergency reporting system
established pursuant to ORS 401.720 shall convert every coin or
credit pay station telephone to permit calling 9-1-1 and
'O'-operator without depositing a coin or { - other charge
to - } { + charging + } the caller. { - Conversion shall be
completed at or before the time the 9-1-1 emergency reporting
system is operational. - }
SECTION 10. ORS 401.773 is amended to read:
401.773. All public safety answering points { - shall - }
{ + must + } be capable of receiving 9-1-1 emergency calls from
{ - persons - } { + individuals + } with hearing or speech
impairments through a TTY.
Enrolled House Bill 2168 (HB 2168-A) Page 6
SECTION 11. ORS 401.775 is amended to read:
401.775. Each 9-1-1 jurisdiction { - shall - } { + must + }
have a disaster recovery plan { - prepared - } for its 9-1-1
emergency reporting system
{ - by January 1, 1992 - } . The disaster recovery plan
{ - shall - } { + must + } include at a minimum:
(1) Recovery procedures for service { - which - }
{ + that + } is interrupted from the serving central office to
and including the primary public safety answering point and
corresponding secondary public safety answering points. This may
include, but is not limited to, a hard-wired alternative route or
a plan on file with the provider designating alternative routes
or answering points.
(2) A plan to switch public safety answering point operations
to an alternate site in the event the primary public safety
answering point becomes inoperable.
(3) 24-hour emergency numbers for the providers serving the
9-1-1 jurisdiction.
SECTION 12. ORS 401.780 is amended to read:
401.780. Public or private safety agencies may enter into
agreements { - which provide that - } { + requiring that + }
an emergency unit dispatched by a 9-1-1 emergency reporting
system established pursuant to ORS 401.720 { - shall - }
{ + must + } render emergency services without regard to
jurisdictional boundaries.
SECTION 13. ORS 401.785 is amended to read:
401.785. (1) All disputes between a governing body, 9-1-1
jurisdiction and public or private safety agency regarding a
9-1-1 system { - , not otherwise - } { + must be mediated if
the dispute cannot be + } resolved in accordance with a written
agreement { - shall be mediated - } . When a governing body or
9-1-1 jurisdiction obtains knowledge that a dispute exists and
cannot be resolved by the agencies, it shall notify the Office of
Emergency Management of the dispute in writing. Within 30 days of
this notification, the disputing agencies shall mutually select a
mediator and notify the office in writing of this selection. If a
mediator is not mutually selected by the agencies within this
period, the Director of the Office of Emergency Management shall
select a mediator from the list of mediators established under
subsection (3) of this section. Once selected, the mediator shall
establish a schedule for the mediation process. The disputing
agencies shall { - have - } { + resolve the dispute within + }
60 days from the date the mediator is agreed upon or selected
{ - to mediate the dispute - } unless the agencies mutually
agree in writing to an extension of this deadline. A copy of all
extensions { - shall - } { + must + } be submitted to the
office.
(2) When the mediation process in subsection (1) of this
section ends, the mediator shall notify the office in writing of
the outcome of the mediation. If the agencies are not able to
resolve their dispute through mediation, the 9-1-1 jurisdiction
or governing body and public or private safety agency or agencies
shall submit the dispute to arbitration. The agencies shall
{ - have - } { + select an arbitrator within + } 30 days from
the end of the mediation
{ - to select an arbitrator - } . If the disputing agencies are
unable to mutually select an arbitrator within this period, the
director shall request the presiding judge for the judicial
district in which the 9-1-1 system is located to select an
arbitrator. The arbitrator shall { - have 30 days from
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selection to - } hear and decide the dispute { + within 30 days
from selection + } unless the agencies mutually agree in writing
to an extension of this deadline. A party to an arbitration under
this subsection may seek confirmation, vacation, modification or
correction of the arbitrator's decision as provided in ORS
36.700, 36.705 and 36.710. A court may vacate a decision only if
there is a basis to vacate the decision as described in ORS
36.705 (1)(a) to (d). The court may modify or correct a decision
only for the grounds given in ORS 36.710.
(3) The office shall establish a roster of mediators qualified
to mediate disputes under subsection (1) of this section. This
list may be used by the disputing agencies when selecting a
mediator.
(4) Unless otherwise agreed upon, the costs of the mediation or
arbitration, including the mediator's or arbitrator's fees,
{ - shall - } { + must + } be divided equally among the
disputing agencies.
SECTION 14. ORS 401.790 is amended to read:
401.790. (1) The Office of Emergency Management may institute
proceedings against a public or private safety agency, a 9-1-1
jurisdiction or other person to compel compliance with or to
restrain further violation of ORS 305.823 and 401.710 to 401.816
or rules adopted pursuant to ORS 401.730.
(2) Proceedings authorized by subsection (1) of this section
may be instituted without { - office - } { + official + }
notice, hearing or order provided in ORS chapter 183 { - ;
provided, - } { + . + } However, { - that - } proceedings
brought against a telecommunications utility { - shall - }
{ + must + } be brought before the Public Utility Commission as
provided by ORS chapter 756.
SECTION 15. ORS 401.792 is amended to read:
401.792. (1) There is imposed on each paying retail subscriber
who has telecommunication services with access to the 9-1-1
emergency reporting system a tax equal to 75 cents per month. The
tax { - shall - } { + must + } be applied on a
telecommunications circuit designated for a particular
subscriber. One subscriber line { - shall - } { + must + } be
counted for each circuit that is capable of generating usage on
the line side of the switched network regardless of the quantity
or ownership of customer premises equipment connected to each
circuit. For providers of central office based services, the tax
{ - shall - } { + must + } be applied to each line that has
unrestricted connection to the switched network. Those central
office based service lines that have restricted connection to the
switched network { - shall - } { + must + } be charged based
on software design in the central office that restricts the
number of station calls to and from the network. For cellular,
wireless or other radio common carriers, the tax { - shall
apply - } { + applies + } on a per instrument basis and only if
the subscriber's place of primary use, as defined and determined
under 4 U.S.C. 116 to 126, is within this state.
(2) The subscriber { - shall be - } { + is + } liable for
the tax imposed by this section.
(3) The amounts of tax collected by the provider { - shall
be - } { + are + } considered as payment by the subscriber for
that amount of tax.
(4) Any return made by the provider collecting the tax
{ - shall - } { + must + } be accepted by the Department of
Revenue as evidence of payments by the subscriber of amounts of
tax so indicated upon the return.
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SECTION 16. ORS 401.798 is amended to read:
401.798. (1) The provider is responsible for collecting the tax
under ORS 401.792 and shall file a return with the Department of
Revenue on or before the last day of the month following the end
of each calendar quarter, reporting the amount of tax due for
access to the 9-1-1 emergency reporting system during the
quarter. The department shall prescribe the form of the return
required by this section and ORS 401.796. The rules of the
department { - shall - } { + must + } require that returns be
made under penalties for false swearing.
(2) When a return of the tax is required under ORS 401.796 or
subsection (1) of this section, the provider required to make the
return shall remit the tax due to the department at the time
fixed for filing the return.
(3) A provider described in subsection (1) of this section may
elect to pay the tax based on either of the following:
(a) The amount of tax actually collected during the quarter; or
(b) The net amount of tax billed during the quarter. The net
amount billed equals the gross amount of tax billed less
adjustments for uncollectible accounts, refunds, incorrect
billings and other appropriate adjustments.
(4) Once a provider has made an election under subsection (3)
of this section, the provider may not change the method of
payment and reporting unless the provider first obtains the
permission of the department.
SECTION 17. ORS 401.800 is amended to read:
401.800. (1) If the amount paid by the provider to the
Department of Revenue under ORS 401.798 exceeds the amount of tax
payable, the department shall refund the amount of the excess
with interest thereon at the rate established under ORS 305.220
for each month or fraction of a month from the date of payment of
the excess until the date of the refund. { - No refund shall be
made - } { + The department may not make a refund + } to a
provider who fails to claim the refund within two years after the
due date for filing of the return with respect to which the claim
for refund relates.
(2) A subscriber's exclusive remedy in a dispute involving tax
liability { - shall be - } { + is + } to file a claim with
the department.
SECTION 18. ORS 401.802 is amended to read:
401.802. (1) Every provider required to collect the tax imposed
by ORS 401.792 to 401.804 { - shall be - } { + is + } deemed
to hold the same in trust for the State of Oregon and for the
payment thereof to the Department of Revenue in the manner and at
the time provided by ORS 401.798.
(2) { - At any time - } { + If + } the provider required to
collect the tax fails to remit any amount deemed to be held in
trust for the State of Oregon or if the subscriber fails to pay
the tax, the department may enforce collection by the issuance of
a distraint warrant for the collection of the delinquent amount
and all penalties, interest and collection charges accrued
thereon. { - Such warrant shall be - } { + The warrant is + }
issued and proceeded upon in the same manner and { - shall
have - } { + has + } the same force and effect as is prescribed
with respect to warrants for the collection of delinquent income
taxes.
SECTION 19. ORS 401.804 is amended to read:
401.804. Unless the context requires otherwise, the provisions
of ORS chapters 305, 314 and 316 as to the audit and examination
of reports and returns, determination of deficiencies,
Enrolled House Bill 2168 (HB 2168-A) Page 9
assessments, claims for refunds, penalties, interest, jeopardy
assessments, warrants, conferences and appeals to the Oregon Tax
Court, and procedures relating thereto, { - shall - } apply to
ORS 401.792 to 401.804 the same as if the tax were a tax imposed
upon or measured by net income. { - All such - } { + The + }
provisions apply to the subscriber liable for the tax and to the
provider required to collect the tax. As to any amount collected
and required to be remitted to the Department of Revenue, the tax
{ - shall be - } { + is + } considered a tax upon the provider
required to collect the tax and that provider { - shall be - }
{ + is + } considered a taxpayer.
SECTION 20. ORS 401.806 is amended to read:
401.806. (1) The Emergency Communications Account is
established separate and distinct from the General Fund in the
State Treasury. All moneys received by the Department of Revenue
pursuant to ORS 401.792 to 401.804 and interest thereon
{ - shall - } { + must + } be paid to the State Treasurer to be
held in a suspense account established under ORS 293.445. After
payment of refunds, the balance of the moneys received
{ - shall - } { + must + } be paid into the State Treasury and
credited to the Emergency Communications Account. All earnings on
investment of moneys in the Emergency Communications Account
{ - shall - } accrue to that account. All moneys in the account
are appropriated continuously to the Office of Emergency
Management and { - shall - } { + must + } be used for the
purposes described in ORS 401.808.
(2) The Enhanced 9-1-1 Subaccount is established as a
subaccount of the Emergency Communications Account. Thirty-five
percent of the amount in the Emergency Communications Account on
the date of distribution { - shall - } { + must + } be
credited to the Enhanced 9-1-1 Subaccount. All moneys in the
account are continuously appropriated to the Office of Emergency
Management and { - shall - } { + must + } be used for the
purposes described in ORS 401.808 (3), (4) and (5).
{ - (3) The Enhanced 9-1-1 Equipment Replacement Subaccount
is established as a subaccount of the Emergency Communications
Account. Two and one-half percent of the amount in the Emergency
Communications Account shall be credited to the Enhanced 9-1-1
Equipment Replacement Subaccount. All moneys in the account are
continuously appropriated to the Office of Emergency Management
and shall be used for the purposes described in ORS 401.808
(7). - }
SECTION 21. ORS 401.808 is amended to read:
401.808. { + (1) + } The Office of Emergency Management shall
distribute quarterly the entire amount of the moneys in the
Emergency Communications Account beginning in June 1982. The
office shall pay the following amounts from the account:
{ - (1) - } { + (a) + } Administrative costs incurred
during the preceding calendar quarter by the Department of
Revenue in carrying out ORS 401.792 to 401.804 { - . The amount
paid to the department shall - } { + in an amount that does
+ }not exceed one-half of one percent of the amount in the
account on the date of distribution, or actual expenses incurred
by the department, whichever is less.
{ - (2) - } { + (b) + } Administrative costs incurred
during the preceding calendar quarter by the Office of Emergency
Management in carrying out its duties under ORS 305.823 and
401.710 to 401.816 { - . The amount paid to the office shall - }
{ + in an amount that does + } not exceed four percent of the
amount in the account on the date of distribution, or actual
Enrolled House Bill 2168 (HB 2168-A) Page 10
expenses incurred by the office, whichever is less. { - The
office may provide funding under this subsection for the Oregon
Emergency Response System in an amount not to exceed 15 percent
of the legislatively approved budget for the Oregon Emergency
Response System. Funding provided to the Oregon Emergency
Response System under this subsection shall be in the manner
prescribed by the office and shall be subject to the availability
of funds for such funding. - }
{ + (2) The office may:
(a) Provide funding for the Oregon Emergency Response System in
an amount that does not exceed 15 percent of the legislatively
approved budget for the Oregon Emergency Response System subject
to availability of funds within the limit for administrative
costs in subsection (1)(b) of this section.
(b) Prescribe the manner in which funding is provided to the
Oregon Emergency Response System under this subsection. + }
(3) { + The office shall use + } funds in the Enhanced 9-1-1
Subaccount { - shall be used - } to pay for costs incurred
during the preceding calendar quarter for enhanced 9-1-1
telephone service established pursuant to ORS 401.720. { + The
office may not disburse funds in the + } Enhanced 9-1-1
Subaccount { - funds shall not be disbursed - } to a 9-1-1
jurisdiction { - which - } { + that + } does not have an
approved final plan as required in section 7, chapter 743, Oregon
Laws 1991. { - Payments shall be made - } { + The office
shall make payments for reimbursement + } only after a
reimbursement request has been submitted to the office { - of
Emergency Management - } in the manner prescribed by the office.
Reimbursement requests for recurring and nonrecurring charges
necessary to enable the 9-1-1 jurisdiction to comply with ORS
401.720 { - shall - } { + must + } be submitted directly to
the office { - of Emergency Management - } . The costs
{ - payable under this section - } { + reimbursable under this
subsection + } are only those incurred for:
(a) Modification of central office switching and trunking
equipment;
(b) Network development, operation and maintenance;
(c) Database development, operation and maintenance;
(d) On-premises equipment procurement, maintenance and
replacement;
(e) Conversion of pay station telephones required by ORS
401.770;
(f) Collection of the tax imposed by ORS 401.792 to 401.804;
and
(g) Addressing if the reimbursement request is consistent with
rules adopted by the office.
(4) { + Subject to availability of funds, the office shall
provide funding to + }9-1-1 jurisdictions { - who - }
{ + that + } have enhanced 9-1-1 telephone service operational
prior to December 31, 1991,
{ - shall receive funding - } based on cost information
provided in their final plan required in section 7, chapter 743,
Oregon Laws 1991. { + The office shall approve final + } plans
submitted { - which - } { + that + } meet the minimum
requirements set forth in ORS 401.720 (2) and (4)
{ - shall be approved - } . { + The office shall limit + }
funding for costs incurred prior to the preceding calendar
quarter { - shall be limited - } to charges associated with
database development, network and on-premises equipment
{ - which satisfy - } { + that satisfies + }the requirements
Enrolled House Bill 2168 (HB 2168-A) Page 11
of ORS 401.720 (2) and (4). { - Funding under this section
shall be in the manner prescribed by the office and subject to
the availability of funds therefor. - } { + The office shall
prescribe the manner in which funding is provided under this
subsection. + }
(5) 9-1-1 jurisdictions may use funds distributed to the
jurisdiction from any account described in ORS 401.806 to repay
loans from the Special Public Works Fund if the loans were used
for purposes that are allowable under ORS 401.710 to 401.816.
(6) { - Any - } { + The office shall retain + } amounts
remaining in the Enhanced 9-1-1 Subaccount { - shall be
retained by the Office of Emergency Management and may be
distributed in any - } { + and may distribute the amounts in
a + } subsequent quarter for those purposes set forth in
subsections (3), (4) and (5) of this section.
{ - (7) The Enhanced 9-1-1 Equipment Replacement Subaccount
shall be used by the Office of Emergency Management to provide
funds to replace and upgrade equipment to carry out the
provisions of ORS 401.710 to 401.816. If at any time unexpended
and unobligated balances in the subaccount exceed $500,000, such
excess amount shall be transferred and credited to the Emergency
Communications Account and shall be used for the purposes
otherwise provided by law. - }
{ - (8) - } { + (7) + } The office shall review
reimbursement requests for modification of central office
switching and trunking equipment, conversion of pay station
telephones, and network development, operation and maintenance
costs necessary to comply with ORS 401.720 for the
appropriateness of the costs claimed. The office shall approve or
disapprove the reimbursement requests.
{ - (9) - } { + (8) + } The office shall review
reimbursement requests for database development, operation and
maintenance, and on-premises equipment procurement, maintenance
and replacement costs necessary to comply with ORS 401.720 for
the appropriateness of the costs claimed.
{ - (10) - } { + (9) + } After all amounts under
subsections (1) and (2) of this section and ORS 401.806 (2)
{ - and (3) - } have been paid, the { + office shall
distribute the + } balance of the Emergency Communications
Account { - shall be distributed - } to cities on a per capita
basis and to counties on a per capita basis of each county's
unincorporated area { - , - } for distribution to 9-1-1
jurisdictions within the city or county { - , but - } { + .
However, + } each county { - shall - } { + must + } receive a
minimum of one percent of the balance of the account after the
amounts under subsections (1) and (2) of this section and ORS
401.806 (2) { - and (3) - } have been paid. A { + city or
county shall pay each + } 9-1-1 jurisdiction whose 9-1-1 service
area includes { - more than one city or county shall receive
funds from each city or county involved - } { + all or part of
the city or county + }.
{ - (11) - } { + (10) + } Notwithstanding subsection
{ - (10) - } { + (9) + } of this section, a city or county may
have its quarterly distribution made payable and sent to the
9-1-1 jurisdiction responsible for providing the services
required in ORS 401.720.
{ - (12) - } { + (11) + } 9-1-1 jurisdictions shall submit
an accounting report to the office annually. The report
{ - shall - } { + must + } be provided in the manner
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prescribed by the office { - , and shall - } { + and must + }
include but not be limited to:
(a) Funds received and expended under subsection { - (10) or
(11) - } { + (9) or (10) + } of this section for the purposes
of fulfilling the requirements of ORS 401.720;
(b) Local funds received and expended for the purposes of
fulfilling the requirements of ORS 401.720; and
(c) Local funds received and expended for the purposes of
providing emergency communications services.
SECTION 22. ORS 401.814 is amended to read:
401.814. (1) Except as provided in subsection (2) of this
section and rules adopted under ORS 401.730 (1)(a), moneys
received under ORS 401.808 { - (10) - } { + (9) + } may be
used only to pay for planning, installation, maintenance,
operation and improvement of a 9-1-1 emergency reporting system
as it relates to getting the call from the { - citizen - }
{ + member of the public + } to the primary public safety
answering point and in transmitting the information from the
primary public safety answering point to the secondary public
safety answering point or responding police, fire, medical or
other emergency unit by telephone, radio or computerized means.
(2) Moneys not then being used may be invested by a city or
county. The income from the investments { - shall - }
{ + must + } be used for the purposes described in subsection
(1) of this section.
SECTION 23. ORS 401.821 is amended to read:
401.821. (1) A 9-1-1 communications district may be created as
provided in ORS 198.705 to 198.955 and 401.818 to 401.857.
(2) A 9-1-1 communications district { - shall consist of
all - } { + consists of + } the telephone exchange service areas
located wholly or partly within a designated 9-1-1 jurisdiction's
service area that is served by a public safety answering point. A
district may include more than one city and county.
(3) Before a petition for formation of a district is filed with
the county board of the principal county under ORS 198.800,
{ - it shall - } { + the petition must + } be approved by
indorsement thereon by two-thirds of the governing bodies of all
public or private safety agencies representing two-thirds of the
population included within the proposed district. A county
governing body { - shall - } { + may + } not adopt an order
under ORS 198.835 for the formation of a district unless the
governing body first obtains written approval for the formation
of the district from two-thirds of the governing bodies of all
public or private safety agencies representing two-thirds of the
population included within the proposed district.
(4) In addition to other required matters, the petition for
formation { - shall - } { + must + } state the number of
district board members for the proposed district and the method
of election of the board of the proposed district from among the
methods described in ORS 401.836.
SECTION 24. ORS 401.827 is amended to read:
401.827. (1) The district board { - shall be - } { + is + }
the governing body of the district and shall exercise all powers
thereof.
(2) At its first meeting or as soon thereafter as may be
practicable, the board shall choose one of its members as
president.
SECTION 25. ORS 401.832 is amended to read:
401.832. (1) Five or seven district board members, determined
by the number of board members set forth in the petition for
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formation, { - shall - } { + must + } be elected at the
election for district formation. Nominating petitions
{ - shall - } { + must + } be filed with the county governing
body.
(2) When the petition for formation provides for a five-member
district board, if the effective date of the formation of the
district occurs in an odd-numbered year, two district board
members { - shall - } { + must + } be elected for four-year
terms and the other three district board members { - shall - }
{ + must + } be elected for two-year terms. If the effective
date of the formation occurs in an even-numbered year, two
district board members { - shall - } { + must + } be elected
for three-year terms and the other three district board members
{ - shall - } { + must + } be elected for one-year terms.
(3) When the petition for formation provides for a seven-member
district board, if the effective date of the formation of the
district occurs in an odd-numbered year, three district board
members { - shall - } { + must + } be elected for four-year
terms and the other four district board members { - shall - }
{ + must + } be elected for two-year terms. If the effective
date of the formation occurs in an even-numbered year, three
district board members { - shall - } { + must + } be elected
for three-year terms and the other four district board members
{ - shall - } { + must + } be elected for one-year terms.
(4) Each district board member shall hold office until election
and qualification of a successor.
(5) Each district board member elected shall take an oath of
office and shall hold office from July 1, next following
election.
(6) The district board shall fill any vacancy on the board as
provided in ORS 198.320.
(7) Except as otherwise provided in this section or in ORS
401.833, the term of a district board member is four years.
(8) The terms of the members first elected to a district board
{ - shall - } { + must + } be determined by lot.
SECTION 26. ORS 401.833 is amended to read:
401.833. { - (1) This section establishes the procedure for
determining the following questions: - }
{ - (a) Whether a district having a five-member board shall
increase the number of members to seven. - }
{ - (b) Whether a district having a seven-member board shall
decrease the number of members to five. - }
{ - (2) - } { + (1) + } The question of increasing or
decreasing the membership of the district board { - shall - }
{ + must + } be determined at a regular district election. The
district board, by resolution, may order the question to be
submitted to the electors of the district. { + If a petition is
filed with the secretary of the board requesting that the
electors of the district be permitted to vote on the question,
+ }the district board shall order the question to be submitted
to the electors { - when a petition is filed with the secretary
of the board requesting that the electors of the district be
permitted to vote on the question - } . The requirements for
preparing, circulating and filing the petition { - shall be - }
{ + are + } as provided for an initiative petition in ORS
255.135 to 255.205. The board { - shall be - } { + is + }
increased to seven members or decreased to five members if a
majority of the votes cast on the question favors the increase or
decrease. At an election to increase the membership, electors
shall vote for candidates to fill the additional positions.
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{ - (3) - } { + (2) + } When a district is situated
entirely within one county, if the electors approve the increase
or decrease in board membership, not later than the 30th day
after the election, the district board shall adjust and stagger
the terms of the board members as necessary in order to continue
biennial elections of board members in accordance with ORS
401.834. The district board shall take into consideration and, as
much as possible, provide for the continued method of
representation adopted by the district under ORS 401.836.
{ - (4) - } { + (3) + } When a district includes territory
in more than one county, not later than the 40th day before the
regular district election at which a question under this section
will be submitted, the district elections authority shall notify
the Secretary of State. If the electors favor the increase or
decrease in board membership, not later than the 30th day after
the election, the Secretary of State by rule shall adjust and
stagger the terms of the board members as necessary in order to
continue biennial elections of board members in accordance with
ORS 401.834. The Secretary of State shall take into consideration
and, as much as possible, provide for the continued method of
representation adopted by the district under ORS 401.836.
SECTION 27. ORS 401.834 is amended to read:
401.834. When a district expands the membership of its district
board from five to seven members or reduces the membership of its
board from seven to five members:
(1) If the board is reduced to five members, at least two
members { - shall - } { + must + } be elected at each regular
district election.
(2) If the board is expanded to seven members, at least three
members { - shall - } { + must + } be elected at each regular
district election.
SECTION 28. ORS 401.836 is amended to read:
401.836. (1) The district board members may be elected in one
of the following methods:
(a) Elected by the electors of the district from zones as
nearly equal in population as possible according to the latest
federal census. Each elector of the district { - shall be - }
{ + is + } entitled to vote for candidates for election from all
the zones in the district.
(b) Elected by the electors of the district from zones as
nearly equal in population as possible according to the latest
federal census. Each elector of the district { - shall be - }
{ + is + } entitled to vote only for candidates for election
from the zone in which the elector resides.
(c) Except for one district board member-at-large, elected by
the electors of the district from zones as nearly equal in
population as possible according to the latest federal census.
The district board member-at-large { - shall - } { + must + }
be elected from the entire district. Each elector of the district
{ - shall be - } { + is + } entitled to vote for the district
board member-at-large and for candidates for election from the
zone in which the elector resides.
(d) Elected at large by position number by the electors of the
district.
(2) Candidates for election from zones { - shall - }
{ + must + } be nominated by electors of the zones. Candidates
for election at large { - shall - } { + must + } be nominated
by electors of the district.
(3) Each candidate for election from a zone { - shall - }
{ + must + } be a resident of that zone.
Enrolled House Bill 2168 (HB 2168-A) Page 15
SECTION 29. ORS 401.838 is amended to read:
401.838. At the regular district election, successors to the
board members whose terms expire { - shall - } { + must + }
be elected as follows:
(1) In an unzoned district, if two board members are to be
elected, the candidates receiving the first and second highest
vote { - shall be - } { + are + } elected. If three or four
board members are to be elected, the candidates receiving the
first, second or third or first, second, third and fourth highest
vote { - shall be - } { + are + } elected.
(2) In a district that is zoned under ORS 401.836:
(a) If a board member is to be elected by the electors of a
zone, the candidate who receives the highest vote from the zone
{ - shall be - } { + is + } elected.
(b) If a board member is to be elected by the electors of the
entire district, the candidate receiving the highest vote among
the candidates nominated from the same zone { - shall be - }
{ + is + } elected.
SECTION 30. ORS 401.839 is amended to read:
401.839. (1) { - This section establishes the procedure for
determining whether the method adopted in a district for
nominating and electing board members should be changed to
another method. - } The question { - shall - } { + of
whether to change the method adopted by the district for
nominating and electing board members must + } be decided by
election. The district board:
(a) May order the election on its own resolution; or
(b) Shall order the election { - when - } { + if + } a
petition is filed as provided in this section.
(2) Except as otherwise provided in this section, the
requirements for preparing, circulating and filing a petition
under this section { - shall be - } { + are + } as provided
for an initiative petition in ORS 255.135 to 255.205.
(3) If the question proposes creation of zones or a change in
the boundaries of existing zones, the following requirements
{ - shall - } apply:
(a) The petition { - shall - } { + must + } contain a map
indicating the proposed zone boundaries. The map { - shall - }
{ + must + } be attached to the cover sheet of the petition and
{ - shall - } { + may + } not exceed 14 inches by 17 inches in
size.
(b) Notwithstanding ORS 250.035, the statement summarizing the
measure and its major effect in the ballot title { - shall - }
{ + may + } not exceed 150 words. The statement:
(A) { - Shall - } { + Must + } specify the method of
nomination and election of board members from among the methods
described in ORS 401.836.
(B) { - Shall - } { + Must + } include a general
description of the proposed boundaries of the zones, using
streets and other generally recognized features.
(c) The order calling the election { - shall - }
{ + must + } contain a map of the proposed zone boundaries and a
metes and bounds or legal description of the proposed zone
boundaries. The map and description { - shall - }
{ + must + } be prepared by the county surveyor or county
assessor and { - shall - } { + must + } reflect any
adjustments made in the boundaries under subsection (6) of this
section.
(4) The map to be contained in the petition under subsection
(3) of this section { - shall - } { + must + } be prepared by
Enrolled House Bill 2168 (HB 2168-A) Page 16
the county surveyor or county assessor. The chief petitioners
shall pay the county for the cost of preparing the map, as
determined by the county surveyor or county assessor. The county
clerk { - shall - } { + may + } not accept the prospective
petition for filing until the chief petitioners have paid the
amount due.
(5) Subsection (3) of this section does not apply if the
question proposes abolition of all zones.
(6) Before submitting to election a question to which
subsection (3) of this section applies, the district board shall
adjust the proposed boundaries of the zones to make them as
nearly equal in population as feasible according to the latest
federal census. The district board shall amend the ballot title
as necessary to reflect its adjustment of the boundaries.
(7) If the electors of the district approve the establishment
of zones or a change in the boundaries of existing zones, board
members shall continue to serve until their terms of office
expire. As vacancies occur, positions to be filled by nomination
or election by zone { - shall - } { + must + } be filled by
persons who reside within zones which are not represented on the
board. If more than one zone is not represented on the board when
a vacancy occurs, the zone entitled to elect a board member
{ - shall - } { + must + } be decided by lot.
SECTION 31. ORS 401.841 is amended to read:
401.841. A question of changing the method of nominating and
electing district board members under ORS 401.839 and a question
of increasing or decreasing the number of district board members
under ORS 401.833 may be submitted to the electors of a district
at the same regular district election. However, the questions
{ - shall - } { + must + } be submitted to the electors as
separate questions.
SECTION 32. ORS 401.842 is amended to read:
401.842. A 9-1-1 communications district has the power:
(1) To have and use a common seal.
(2) To sue and be sued in its name.
(3) To make and accept any and all contracts, deeds, leases,
releases and documents of any kind which, in the judgment of the
board, are necessary or proper to the exercise of any power of
the district, and to direct the payment of all lawful claims or
demands.
(4) To assess, levy and collect taxes to pay { + :
(a) + } The cost of acquiring sites for and constructing,
reconstructing, altering, operating and maintaining a 9-1-1
emergency reporting system { - or any - } { + ;
(b) A + } lawful { - claims - } { + claim + } against the
district { - , - } { + ; + } and
{ + (c) + } The operating expenses of the district.
(5) To employ all necessary agents and assistants.
(6) To call elections after the formation of the district.
(7) To enlarge the boundaries of the district as provided by
ORS 198.705 to 198.955.
(8) { - Generally - } To do and perform any and all acts
necessary and proper to the complete exercise and effect of any
of its powers or the purposes for which it was formed.
SECTION 33. ORS 401.844 is amended to read:
401.844. (1) For the purpose of carrying into effect the powers
granted by ORS 401.818 to 401.857, as well as refunding
outstanding obligations, a 9-1-1 communications district, when
authorized by a majority of the votes cast at an election by
Enrolled House Bill 2168 (HB 2168-A) Page 17
electors of the district, may borrow money and sell and dispose
of general obligation bonds.
(2) The general obligations outstanding at any one time
{ - shall never - } { + may not + } exceed in aggregate
principal amount one percent of the real market value of all
taxable property within the district computed in accordance with
ORS 308.207.
(3) The bonds { - shall - } { + must + } mature serially
not more than 30 years from the issue date and { - shall - }
{ + must + } be issued as prescribed in ORS chapter 287A.
SECTION 34. ORS 401.847 is amended to read:
401.847. (1) Each year the district board shall determine and
fix the amount of money to be levied and raised by taxation, for
the purposes of the district. The total amount of taxes levied in
each year under this section { - shall - } { + may + } not
exceed one-tenth of one percent (0.001) of the real market value
of all taxable property within the district computed in
accordance with ORS 308.207.
(2) Each year a district shall also assess, levy and collect a
special tax upon all { - such - } property, real and personal,
in an amount sufficient to pay the yearly interest and principal
due on any outstanding general obligation bonds for
{ - such - } { + the + } year.
SECTION 35. Section 13, chapter 671, Oregon Laws 1987, as
amended by section 34, chapter 333, Oregon Laws 1995, is amended
to read:
{ + Sec. 13. + } (1) Each year the district board shall
determine and fix the amount of money to be levied and raised by
taxation, for the purposes of the district.
(2) Each year a district shall also assess, levy and collect a
special tax upon all taxable property within the district in an
amount sufficient to pay the yearly interest and principal due on
any outstanding general obligation bonds for { - such - }
{ + the + } year.
SECTION 36. ORS 401.857 is amended to read:
401.857. (1) A district board shall appoint an advisory
committee to advise and assist the board in carrying out the
purposes of ORS 401.818 to 401.857. An advisory committee
{ - shall consist - } { + consists + } of one representative
from each public or private safety agency included within the
district. { - A member - } { + Members + } of the advisory
committee { - shall - } { + must + } reside within the
district.
(2) A member of an advisory committee shall serve for a term of
two years. Of the members first appointed, however, one-half of
the members shall serve for a term of one year. The respective
terms of the members { - shall - } { + must + } be determined
by lot at the first meeting of the advisory committee.
(3) The advisory committee shall meet not less than four times
a year to review the policies and practices of the district
board. The advisory committee shall also meet on the call of the
district board. The advisory committee may adopt rules for the
conduct of its proceedings.
(4) The advisory committee may propose changes to any of the
board's rules, policies or practices as it deems necessary or
desirable. In addition to its other functions and duties, the
advisory committee shall review the annual budget of the
district. The advisory committee shall meet with the district
board and may make { - such - } recommendations relating to
Enrolled House Bill 2168 (HB 2168-A) Page 18
the budget { - as - } { + that + } the committee considers
necessary or prudent.
SECTION 37. { + ORS 401.735 is repealed. + }
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Enrolled House Bill 2168 (HB 2168-A) Page 19
Passed by House March 25, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 19, 2009
...........................................................
President of Senate
Enrolled House Bill 2168 (HB 2168-A) Page 20
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2168 (HB 2168-A) Page 21