75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2284
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Office of the Legislative Counsel)
CHAPTER ................
AN ACT
Relating to correction of erroneous material in Oregon law;
creating new provisions; amending ORS 1.310, 8.350, 30.868,
35.015, 105.560, 133.005, 135.037, 138.071, 164.043, 164.045,
165.495, 171.559, 174.535, 181.030, 182.415, 192.820, 238.690,
249.031, 251.049, 251.355, 255.165, 264.335, 267.010, 267.080,
267.085, 267.097, 267.107, 267.410, 284.142, 285B.422,
285B.460, 285B.462, 291.445, 292.500, 294.810, 297.070,
327.006, 339.133, 344.555, 346.640, 352.390, 390.134, 409.510,
410.625, 412.006, 412.014, 412.016, 412.079, 414.660, 416.810,
416.820, 417.345, 427.205, 456.270, 458.310, 468.501, 468.521,
469.421, 469.681, 469.805, 475.902, 507.040, 507.050, 508.485,
508.490, 508.801, 508.828, 564.105, 568.900, 616.992, 625.220,
625.270, 646A.316, 671.595, 671.610, 671.614, 671.997, 701.046,
723.466, 743.405, 743.483, 757.822, 759.385, 778.005, 819.160
and 836.640 and section 11, chapter 516, Oregon Laws 2001,
section 31, chapter 736, Oregon Laws 2003, and sections 3 and
4, chapter 249, Oregon Laws 2007, and ORCP 7 D; and repealing
ORS 174.106 and 657.222 and section 62, chapter 736, Oregon
Laws 2003.
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, chapter 22, Oregon Laws 2005,
{ - or - } chapter 71, Oregon Laws 2007, { + or this 2009
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, chapter 22, Oregon Laws 2005, { - and - } chapter 71,
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Oregon Laws 2007, { + and this 2009 Act + } except insofar as
the amendments thereto, or repeals thereof, specifically require.
{ + NOTE: + } Sets forth Reviser's Bill policy statement.
SECTION 2. ORS 1.310 is amended to read:
1.310. (1) As used in this section:
{ + (a) 'Chief Justice' means the Chief Justice of the
Supreme Court of Oregon, + } { + except that, if the Chief
Justice is the subject judge, then the term 'Chief Justice' means
the one of the remaining judges of the Supreme Court who has
served the longest period of time as a judge of that court.
(b) 'Disability' means physical or mental incapacitation of
such a degree as to cause a judge to be unable to discharge the
duties of judicial office. + }
{ - (a) - } { + (c) + } 'Judge' includes any judge of the
Supreme Court, the Court of Appeals, the Oregon Tax Court, or
{ - of - } any circuit court, of the State of Oregon.
{ - (b) - } { + (d) + } 'Subject judge' means any judge
whose alleged disability is involved in proceedings under this
section.
{ - (c) 'Disability' means physical or mental incapacitation
of such a degree as to cause a judge to be unable to discharge
the duties of judicial office. - }
{ - (d) 'Chief Justice' means the Chief Justice of the
Supreme Court of Oregon; except that, if the Chief Justice is the
subject judge, then the term 'Chief Justice' means the one of the
remaining judges of the Supreme Court who has served the longest
period of time as a judge of that court. - }
(2) Any judge who becomes disabled may be retired in the manner
provided in this section. The Governor, the Chief Justice, the
Judicial Conference or the Board of Governors of the Oregon State
Bar may file at any time with the Secretary of State a written
request for an investigation to determine whether a judge named
in { - such - } { + the + } request has a disability. Upon
receipt of
{ - such - } { + a + } request, the Secretary of State shall
transmit to the subject judge a certified copy of { - such - }
{ + the + } request, with a notice to the effect that, unless
{ - such - } { + the + } judge files a resignation within 45
days after the date of the notice, an investigation will be made
to determine whether the judge has a disability. { - Such - }
{ + The + } certified copy and notice shall be served on the
subject judge, either by delivering them to the judge in person
or by transmitting them by registered mail or by certified mail
with return receipt to the judge at the last residence address of
the judge as shown in the records of the Secretary of State.
(3) If the subject judge fails to file a resignation within 45
days after the date of the notice, the Secretary of State, within
10 days after the expiration of that period, shall transmit to
the Commission on Judicial Fitness and Disability certified
copies of the request and notice, with a certificate to the
effect:
(a) That the Secretary of State { - had - } served the
notice and copy of the request on the subject judge as provided
in subsection (2) of this section; and
(b) That the judge { - had not filed - } { + did not
file + } a resignation.
(4) Upon receipt of the certified copies and certificate
referred to in subsection (3) of this section, the commission
shall make the requested investigation and, after hearing,
determine whether the subject judge has a disability. The
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commission shall prepare an official record { - which - } { +
that + } shall include the testimony taken and the exhibits
considered. If the subject judge refuses or is unable to attend,
the commission may proceed with the hearing in the absence of the
judge.
(5) If a majority of the members of the commission { - shall
determine - } { + determines + } that the subject judge in fact
has a disability, { - they - } { + the members + } shall make
and sign written findings of fact upon which the determination is
made and transmit
{ - them - } { + the findings + } to the Secretary of State.
If no appeal is filed, the office of { - such - } { + the + }
judge shall become vacant 10 days after the filing of
{ - such - } { + the + } findings { + , + } { - ; - } and
thereupon the Secretary of State shall certify to the Governor
the existence of
{ - such - } { + the + } vacancy. If a majority of the
members of the commission
{ - do - } { + does + } not find that the subject judge has a
disability, { - they - } { + the members + } shall sign and
file with the Secretary of State a written report to that effect,
and thereupon the proceeding shall terminate.
(6) The commission may prescribe rules of procedure for the
conduct of the investigation and fix the time and place of the
hearing, giving the subject judge due notice thereof. The fees
and mileage allowance of witnesses, including experts, shall be
fixed by the commission.
(7) { - No - } { + A + } judge retired under the provisions
of this section
{ - shall - } { + may not + } be appointed as judge pro
tempore to serve upon any court of the State of Oregon.
(8) The subject judge may appeal to the Supreme Court from a
determination by the commission that the judge has a disability,
by filing a notice with the Secretary of State within 10 days
after the date of filing of the written findings of fact by the
commission. The Secretary of State shall thereupon notify the
commission and the Chief Justice. The commission shall forthwith
transmit the official record to the Supreme Court, which upon
receipt of { - such - } { + the + } record shall have full
jurisdiction of the proceeding.
(9) The Supreme Court shall review the proceeding de novo on
the record with authority to affirm, reverse or annul the
determination. Prior to { - such - } { + a + } final
determination, remand may also be made to the commission for
additional findings of fact. In the event that the Supreme Court
reverses or annuls the determination of the commission, the
proceeding shall thereupon terminate and notice to that effect
shall be filed with the Secretary of State. If the determination
of the commission is affirmed, a decision to that effect shall be
filed with the Secretary of State and the office of the subject
judge shall forthwith become vacant. Thereupon, the Secretary of
State shall certify to the Governor the existence of
{ - such - } { + the + } vacancy.
{ + NOTE: + } Alphabetizes definitions in (1); updates
punctuation and word choice; corrects grammar.
SECTION 3. ORS 8.350 is amended to read:
8.350. When a report of the proceedings, or any part thereof,
has been made in any case as provided in ORS 8.340, if the court
or either party to the suit or action or the party's attorney
requests { - a transcript - } { + transcription + } of the
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notes or audio records into longhand, the official reporter shall
cause full and accurate typewritten transcripts to be made of the
testimony or other proceedings, which shall, when certified to as
provided in ORS 8.360, be filed with the clerk of the court where
{ - such - } { + the + } cause was tried or heard, for the use
of the court or parties.
{ + NOTE: + } Corrects and updates word choice.
SECTION 4. ORCP 7 D, as amended by the Council on Court
Procedures on December 13, 2008, is amended to read:
D Manner of service.
D(1) Notice required. Summons shall be served, either within or
without this state, in any manner reasonably calculated, under
all the circumstances, to apprise the defendant of the existence
and pendency of the action and to afford a reasonable opportunity
to appear and defend. Summons may be served in a manner specified
in this rule or by any other rule or statute on the defendant or
upon an agent authorized by appointment or law to accept service
of summons for the defendant. Service may be made, subject to the
restrictions and requirements of this rule, by the following
methods: personal service of true copies of the summons and the
complaint upon defendant or an agent of defendant authorized to
receive process; substituted service by leaving true copies of
the summons and the complaint at a person's dwelling house or
usual place of abode; office service by leaving true copies of
the summons and the complaint with a person who is apparently in
charge of an office; service by mail; or, service by publication.
D(2) Service methods.
D(2)(a) Personal service. Personal service may be made by
delivery of a true copy of the summons and a true copy of the
complaint to the person to be served.
D(2)(b) Substituted service. Substituted service may be made by
delivering true copies of the summons and the complaint at the
dwelling house or usual place of abode of the person to be
served, to any person 14 years of age or older residing in the
dwelling house or usual place of abode of the person to be
served. Where substituted service is used, the plaintiff, as soon
as reasonably possible, shall cause to be mailed, by first class
mail, true copies of the summons and the complaint to the
defendant at defendant's dwelling house or usual place of abode,
together with a statement of the date, time, and place at which
substituted service was made. For the purpose of computing any
period of time prescribed or allowed by these rules or by
statute, substituted service shall be complete upon such mailing.
D(2)(c) Office service. If the person to be served maintains an
office for the conduct of business, office service may be made by
leaving true copies of the summons and the complaint at such
office during normal working hours with the person who is
apparently in charge. Where office service is used, the
plaintiff, as soon as reasonably possible, shall cause to be
mailed, by first class mail, true copies of the summons and the
complaint to the defendant at defendant's dwelling house or usual
place of abode or defendant's place of business or such other
place under the circumstances that is most reasonably calculated
to apprise the defendant of the existence and pendency of the
action, together with a statement of the date, time, and place at
which office service was made. For the purpose of computing any
period of time prescribed or allowed by these rules or by
statute, office service shall be complete upon such mailing.
D(2)(d) Service by mail.
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D(2)(d)(i) Generally. When required or allowed by this rule or
by statute, except as otherwise permitted, service by mail shall
be made by mailing true copies of the summons and the complaint
to the defendant by first class mail and by any of the following:
certified, registered, or express mail with return receipt
requested. For purposes of this section, 'first class mail' does
not include certified, registered, or express mail, return
receipt requested, or any other form of mail which may delay or
hinder actual delivery of mail to the addressee.
D(2)(d)(ii) Calculation of time. For the purpose of computing
any period of time provided by these rules or by statute, service
by mail, except as otherwise provided, shall be complete on the
day the defendant, or other person authorized by appointment or
law, signs a receipt for the mailing, or three days after the
mailing if mailed to an address within the state, or seven days
after the mailing if mailed to an address outside the state,
whichever first occurs.
D(3) Particular defendants. Service may be made upon specified
defendants as follows:
D(3)(a) Individuals.
D(3)(a)(i) Generally. Upon an individual defendant, by personal
delivery of true copies of the summons and the complaint to such
defendant or other person authorized by appointment or law to
receive service of summons on behalf of such defendant, by
substituted service, or by office service. Service may also be
made upon an individual defendant to whom neither subparagraph
(ii) nor (iii) of this paragraph applies by a mailing made in
accordance with paragraph (2)(d) of this section provided the
defendant signs a receipt for the certified, registered, or
express mailing, in which case service shall be complete on the
date on which the defendant signs a receipt for the mailing.
D(3)(a)(ii) Minors. Upon a minor under the age of 14 years, by
service in the manner specified in subparagraph (i) of this
paragraph upon such minor and, also, upon such minor's father,
mother, conservator of the minor's estate, or guardian, or, if
there be none, then upon any person having the care or control of
the minor, or with whom such minor resides, or in whose service
such minor is employed, or upon a guardian ad litem appointed
pursuant to Rule 27 A(2).
D(3)(a)(iii) Incapacitated persons. Upon a person who is
incapacitated or financially incapable, as defined by ORS
125.005, by service in the manner specified in subparagraph (i)
of this paragraph upon such person and, also, upon the
conservator of such person's estate or guardian, or, if there be
none, upon a guardian ad litem appointed pursuant to Rule 27
B(2).
D(3)(a)(iv) Tenant of a mail agent. Upon an individual
defendant who is a 'tenant' of a 'mail agent' within the meaning
of ORS { - 646.221 - } { + 646A.340 + } by delivering true
copies of the summons and the complaint to any person apparently
in charge of the place where the mail agent receives mail for the
tenant, provided that:
(A) the plaintiff makes a diligent inquiry but cannot find the
defendant; and
(B) the plaintiff, as soon as reasonably possible after
delivery, causes true copies of the summons and the complaint to
be mailed by first class mail to the defendant at the address at
which the mail agent receives mail for the defendant and to any
other mailing address of the defendant then known to the
plaintiff, together with a statement of the date, time, and place
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at which the plaintiff delivered the copies of the summons and
the complaint.
Service shall be complete on the latest date resulting from the
application of subparagraph D(2)(d)(ii) of this rule to all
mailings required by this subparagraph unless the defendant signs
a receipt for the mailing, in which case service is complete on
the day the defendant signs the receipt.
D(3)(b) Corporations including, but not limited to,
professional corporations and cooperatives. Upon a domestic or
foreign corporation:
D(3)(b)(i) Primary service method. By personal service or
office service upon a registered agent, officer, or director of
the corporation; or by personal service upon any clerk on duty in
the office of a registered agent.
D(3)(b)(ii) Alternatives. If a registered agent, officer, or
director cannot be found in the county where the action is filed,
true copies of the summons and the complaint may be served:
(A) by substituted service upon such registered agent, officer,
or director;
(B) by personal service on any clerk or agent of the
corporation who may be found in the county where the action is
filed;
(C) by mailing in the manner specified in paragraph (2)(d) of
this section true copies of the summons and the complaint to the
office of the registered agent or to the last registered office
of the corporation, if any, as shown by the records on file in
the office of the Secretary of State; or, if the corporation is
not authorized to transact business in this state at the time of
the transaction, event, or occurrence upon which the action is
based occurred, to the principal office or place of business of
the corporation, and in any case to any address the use of which
the plaintiff knows or has reason to believe is most likely to
result in actual notice; or
(D) upon the Secretary of State in the manner provided in ORS
60.121 or 60.731.
D(3)(c) Limited liability companies. Upon a limited liability
company:
D(3)(c)(i) Primary service method. By personal service or
office service upon a registered agent, manager, or (for a
member-managed limited liability company) member of a limited
liability company; or by personal service upon any clerk on duty
in the office of a registered agent.
D(3)(c)(ii) Alternatives. If a registered agent, manager, or
(for a member-managed limited liability company) member of a
limited liability company cannot be found in the county where the
action is filed, true copies of the summons and the complaint may
be served:
(A) by substituted service upon such registered agent, manager,
or (for a member-managed limited liability company) member of a
limited liability company;
(B) by personal service on any clerk or agent of the limited
liability company who may be found in the county where the action
is filed;
(C) by mailing in the manner specified in paragraph (2)(d) of
this section true copies of the summons and the complaint to the
office of the registered agent or to the last registered office
of the limited liability company, as shown by the records on file
in the office of the Secretary of State or, if the limited
liability company is not authorized to transact business in this
state at the time of the transaction, event, or occurrence upon
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which the action is based occurred, to the principal office or
place of business of the limited liability company, and in any
case to any address the use of which the plaintiff knows or has
reason to believe is most likely to result in actual notice; or
(D) upon the Secretary of State in the manner provided in ORS
63.121.
D(3)(d) Limited partnerships. Upon a domestic or foreign
limited partnership:
D(3)(d)(i) Primary service method. By personal service or
office service upon a registered agent or a general partner of a
limited partnership; or by personal service upon any clerk on
duty in the office of a registered agent.
D(3)(d)(ii) Alternatives. If a registered agent or a general
partner of a limited partnership cannot be found in the county
where the action is filed, true copies of the summons and the
complaint may be served:
(A) by substituted service upon such registered agent or
general partner of a limited partnership;
(B) by personal service on any clerk or agent of the limited
partnership who may be found in the county where the action is
filed;
(C) by mailing in the manner specified in paragraph (2)(d) of
this section true copies of the summons and the complaint to the
office of the registered agent or to the last registered office
of the limited partnership, as shown by the records on file in
the office of the Secretary of State or, if the limited
partnership is not authorized to transact business in this state
at the time of the transaction, event, or occurrence upon which
the action is based occurred, to the principal office or place of
business of the limited partnership, and in any case to any
address the use of which the plaintiff knows or has reason to
believe is most likely to result in actual notice; or
(D) upon the Secretary of State in the manner provided in ORS
70.040 or 70.045.
D(3)(e) General partnerships and limited liability
partnerships. Upon any general partnership or limited liability
partnership by personal service upon a partner or any agent
authorized by appointment or law to receive service of summons
for the partnership or limited liability partnership.
D(3)(f) Other unincorporated association subject to suit under
a common name. Upon any other unincorporated association subject
to suit under a common name by personal service upon an officer,
managing agent, or agent authorized by appointment or law to
receive service of summons for the unincorporated association.
D(3)(g) State. Upon the state, by personal service upon the
Attorney General or by leaving true copies of the summons and the
complaint at the Attorney General's office with a deputy,
assistant, or clerk.
D(3)(h) Public bodies. Upon any county; incorporated city;
school district; or other public corporation, commission, board,
or agency by personal service or office service upon an officer,
director, managing agent, or attorney thereof.
D(3)(i) Vessel owners and charterers. Upon any foreign
steamship owner or steamship charterer by personal service upon a
vessel master in such owner's or charterer's employment or any
agent authorized by such owner or charterer to provide services
to a vessel calling at a port in the State of Oregon, or a port
in the State of Washington on that portion of the Columbia River
forming a common boundary with Oregon.
D(4) Particular actions involving motor vehicles.
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D(4)(a) Actions arising out of use of roads, highways, streets,
or premises open to the public; service by mail.
D(4)(a)(i) In any action arising out of any accident,
collision, or other event giving rise to liability in which a
motor vehicle may be involved while being operated upon the
roads, highways, streets, or premises open to the public as
defined by law of this state if the plaintiff makes at least one
attempt to serve a defendant who operated such motor vehicle, or
caused it to be operated on the defendant's behalf, by a method
authorized by subsection (3) of this section except service by
mail pursuant to subparagraph (3)(a)(i) of this section and, as
shown by its return, did not effect service, the plaintiff may
then serve that defendant by mailings made in accordance with
paragraph (2)(d) of this section addressed to that defendant at:
(A) any residence address provided by that defendant at the
scene of the accident;
(B) the current residence address, if any, of that defendant
shown in the driver records of the Department of Transportation;
and
(C) any other address of that defendant known to the plaintiff
at the time of making the mailings required by (A) and (B) that
reasonably might result in actual notice to that defendant.
Sufficient service pursuant to this subparagraph may be shown
if the proof of service includes a true copy of the envelope in
which each of the certified, registered, or express mailings
required by (A), (B), and (C) above was made showing that it was
returned to sender as undeliverable or that the defendant did not
sign the receipt. For the purpose of computing any period of time
prescribed or allowed by these rules or by statute, service under
this subparagraph shall be complete on the latest date on which
any of the mailings required by (A), (B), and (C) above is made.
If the mailing required by (C) is omitted because the plaintiff
did not know of any address other than those specified in (A) and
(B) above, the proof of service shall so certify.
D(4)(a)(ii) Any fee charged by the Department of Transportation
for providing address information concerning a party served
pursuant to subparagraph (i) of this paragraph may be recovered
as provided in Rule 68.
D(4)(a)(iii) The requirements for obtaining an order of default
against a defendant served pursuant to subparagraph (i) of this
paragraph are as provided in Rule 69.
D(4)(b) Notification of change of address. Any person who;
while operating a motor vehicle upon the roads, highways,
streets, or premises open to the public as defined by law of this
state; is involved in any accident, collision, or other event
giving rise to liability shall forthwith notify the Department of
Transportation of any change of such defendant's address
occurring within three years after such accident, collision, or
event.
D(5) Service in foreign country. When service is to be effected
upon a party in a foreign country, it is also sufficient if
service of true copies of the summons and the complaint is made
in the manner prescribed by the law of the foreign country for
service in that country in its courts of general jurisdiction, or
as directed by the foreign authority in response to letters
rogatory, or as directed by order of the court. However, in all
cases such service shall be reasonably calculated to give actual
notice.
D(6) Court order for service; service by publication.
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D(6)(a) Court order for service by other method. On motion upon
a showing by affidavit or declaration that service cannot be made
by any method otherwise specified in these rules or other rule or
statute, the court, at its discretion, may order service by any
method or combination of methods which under the circumstances is
most reasonably calculated to apprise the defendant of the
existence and pendency of the action, including but not limited
to: publication of summons; mailing without publication to a
specified post office address of the defendant by first class
mail and any of the following: certified, registered, or express
mail, return receipt requested; or posting at specified
locations. If service is ordered by any manner other than
publication, the court may order a time for response.
D(6)(b) Contents of published summons. In addition to the
contents of a summons as described in section C of this rule, a
published summons shall also contain a summary statement of the
object of the complaint and the demand for relief, and the notice
required in subsection C(3) shall state: 'The 'motion' or '
answer' (or 'reply') must be given to the court clerk or
administrator within 30 days of the date of first publication
specified herein along with the required filing fee.' The
published summons shall also contain the date of the first
publication of the summons.
D(6)(c) Where published. An order for publication shall direct
publication to be made in a newspaper of general circulation in
the county where the action is commenced or, if there is no such
newspaper, then in a newspaper to be designated as most likely to
give notice to the person to be served. Such publication shall be
four times in successive calendar weeks. If the plaintiff knows
of a specific location other than the county where the action is
commenced where publication might reasonably result in actual
notice to the defendant, the plaintiff shall so state in the
affidavit or declaration required by paragraph (a) of this
subsection, and the court may order publication in a comparable
manner at such location in addition to, or in lieu of,
publication in the county where the action is commenced.
D(6)(d) Mailing summons and complaint. If the court orders
service by publication and the plaintiff knows or with reasonable
diligence can ascertain the defendant's current address, the
plaintiff shall mail true copies of the summons and the complaint
to the defendant at such address by first class mail and any of
the following: certified, registered, or express mail, return
receipt requested. If the plaintiff does not know and cannot upon
diligent inquiry ascertain the current address of any defendant,
true copies of the summons and the complaint shall be mailed by
the methods specified above to the defendant at the defendant's
last known address. If the plaintiff does not know, and cannot
ascertain upon diligent inquiry, the defendant's current and last
known addresses, a mailing of copies of the summons and the
complaint is not required.
D(6)(e) Unknown heirs or persons. If service cannot be made by
another method described in this section because defendants are
unknown heirs or persons as described in sections I and J of Rule
20, the action shall proceed against the unknown heirs or persons
in the same manner as against named defendants served by
publication and with like effect; and any such unknown heirs or
persons who have or claim any right, estate, lien, or interest in
the property in controversy, at the time of the commencement of
the action, and served by publication, shall be bound and
concluded by the judgment in the action, if the same is in favor
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of the plaintiff, as effectively as if the action was brought
against such defendants by name.
D(6)(f) Defending before or after judgment. A defendant against
whom publication is ordered or such defendant's representatives,
on application and sufficient cause shown, at any time before
judgment, shall be allowed to defend the action. A defendant
against whom publication is ordered or such defendant's
representatives may, upon good cause shown and upon such terms as
may be proper, be allowed to defend after judgment and within one
year after entry of judgment. If the defense is successful, and
the judgment or any part thereof has been collected or otherwise
enforced, restitution may be ordered by the court, but the title
to property sold upon execution issued on such judgment, to a
purchaser in good faith, shall not be affected thereby.
D(6)(g) Defendant who cannot be served. Within the meaning of
this subsection, a defendant cannot be served with summons by any
method authorized by subsection (3) of this section if: (i)
service pursuant to subparagraph (4)(a)(i) of this section is not
authorized, and the plaintiff attempted service of summons by all
of the methods authorized by subsection (3) of this section and
was unable to complete service, or (ii) if the plaintiff knew
that service by such methods could not be accomplished.
{ + NOTE: + } Corrects ORS citation in 7 D(3)(a)(iv) to
reflect editorial renumbering of statute.
SECTION 5. ORS 30.868 is amended to read:
30.868. (1) Any of the following persons may bring a civil
action to secure damages against any and all persons whose
actions are unlawful under ORS 163.257 (1)(a):
(a) A person who is 18 years of age or older and who has been
taken, enticed or kept in violation of ORS 163.257 (1)(a); or
(b) A person whose custodial rights have been interfered with
if, by reason of the interference:
(A) The person has reasonably and in good faith reported a
person missing to any city, county or state police agency; or
(B) A defendant in the action has been charged with a violation
of ORS 163.257 (1)(a).
(2) An entry of judgment or a certified copy of a judgment
against the defendant for a violation of ORS 163.257 (1)(a) is
prima facie evidence of liability if the plaintiff was injured by
the defendant's unlawful action under the conviction.
(3)(a) For purposes of this section, a public or private entity
that provides counseling and shelter services to victims of
domestic violence is not considered to have violated ORS 163.257
(1)(a) if the entity provides counseling or shelter services to a
person who violates ORS 163.257 (1)(a).
(b) As used in this subsection, 'victim of domestic violence'
means an individual against whom domestic violence, as defined in
ORS 135.230, 181.610 { - , - } { + or + } 411.117 { - or
657.176 - } , has been committed.
(4) Bringing an action under this section does not prevent the
prosecution of any criminal action under ORS 163.257.
(5) A person bringing an action under this section must
establish by a preponderance of the evidence that a violation of
ORS 163.257 (1)(a) has occurred.
(6) It is an affirmative defense to civil liability for an
action under this section that the defendant reasonably and in
good faith believed that the defendant's violation of ORS 163.257
(1)(a) was necessary to preserve the physical safety of:
(a) The defendant;
Enrolled House Bill 2284 (HB 2284-INTRO) Page 10
(b) The person who was taken, enticed or kept in violation of
ORS 163.257 (1)(a); or
(c) The parent or guardian of the person who was taken, enticed
or kept in violation of ORS 163.257 (1)(a).
(7)(a) If the person taken, enticed or kept in violation of ORS
163.257 (1)(a) is under 18 years of age at the time an action is
brought under this section, the court may:
(A) Appoint an attorney who is licensed to practice law in
Oregon to act as guardian ad litem for the person; and
(B) Appoint one of the following persons to provide counseling
services to the person:
(i) A psychiatrist.
(ii) A psychologist licensed under ORS 675.010 to 675.150.
(iii) A clinical social worker licensed under ORS 675.510 to
675.600.
(iv) A professional counselor or marriage and family therapist
licensed under ORS 675.715.
(b) The court may assess against the parties all costs of the
attorney or person providing counseling services appointed under
this subsection.
(8) If an action is brought under this section by a person
described under subsection (1)(b) of this section and a party
shows good cause that it is appropriate to do so, the court may
order the parties to obtain counseling directed toward educating
the parties on the impact that the parties' conflict has on the
person taken, enticed or kept in violation of ORS 163.257 (1)(a).
The court may assess against the parties all costs of obtaining
counseling ordered under this subsection.
(9) Upon prevailing in an action under this section, the
plaintiff may recover:
(a) Special and general damages, including damages for
emotional distress; and
(b) Punitive damages.
(10) The court may award reasonable attorney fees to the
prevailing party in an action under this section.
(11)(a) Notwithstanding ORS 12.110, 12.115, 12.117 or 12.160,
an action under this section must be commenced within six years
after the violation of ORS 163.257 (1)(a). An action under this
section accruing while the person who is entitled to bring the
action is under 18 years of age must be commenced not more than
six years after that person attains 18 years of age.
(b) The period of limitation does not run during any time when
the person taken, enticed or kept in violation of ORS 163.257
(1)(a) is removed from this state as a result of the defendant's
actions in violation of ORS 163.257 (1)(a).
{ + NOTE: + } Removes reference in (3)(b) to deleted
definition.
SECTION 6. ORS 35.015 is amended to read:
35.015. (1) Except as otherwise provided in this section, a
public body as defined in ORS 174.109 may not condemn private
real property used as a residence, business establishment, farm
{ - , - } or forest operation if at the time of the
condemnation the public body intends to convey fee title to all
or a portion of the real property, or a lesser interest than fee
title, to another private party.
(2) Subsection (1) of this section does not apply to
condemnation of:
(a) Improved or unimproved real property that constitutes a
danger to the health or safety of the community by reason of
contamination, dilapidated structures, improper or insufficient
Enrolled House Bill 2284 (HB 2284-INTRO) Page 11
water or sanitary facilities, or any combination of these
factors;
(b) Any timber, crops, { - top soil - } { + topsoil + },
gravel or fixtures to be removed from the real property being
condemned; { + or + }
(c) Real property condemned for maintenance, improvement, or
construction of transportation facilities, transportation
systems, utility facilities or utility transmission
systems { + . + } { - ; - }
(3) Subsection (1) of this section does not prohibit a public
body from leasing a portion of a public facility to a privately
owned business for the provision of retail services designed
primarily to serve the patrons of the public facility.
(4) A public body as defined in ORS 174.109 may at any time
publish notice that the public body intends to consider
condemnation of a lot or parcel. If the public body publishes
notice under this subsection, subsection (1) of this section does
not apply for such time necessary to provide the public body
reasonable opportunity to condemn the property, if the lot or
parcel is conveyed by the owner of the lot or parcel to another
private party after the notice is published, but prior to the
time the property is condemned.
(5) Subsection (1) of this section does not affect the ability
of a public body as defined in ORS 174.109 to make a conveyance
of a { - non-possessory - } { + nonpossessory + } interest in
condemned property for the purpose of financing acquisition of
the property.
(6) A court shall independently determine whether a taking of
property complies with the requirements of this section, without
deference to any determination made by the public body. If a
court determines that a taking of property does not comply with
the requirements of this section, the owner of the lot or parcel
that is the subject of the condemnation proceeding shall be
entitled to reasonable attorney fees, expenses, costs { - , - }
and other disbursements reasonably incurred to defend against the
proposed condemnation.
{ + NOTE: + } Removes serial commas in (1) and (6); corrects
spelling in (2)(b) and (5); corrects paragraph structure in (2).
SECTION 7. ORS 105.560 is amended to read:
105.560. (1) An action to restrain or enjoin a nuisance
described in ORS 105.555 may be brought by the Attorney General,
district attorney, county attorney, city attorney or a person
residing or doing business in the county where the property is
located. The action shall be brought in the circuit court in the
county where the property is located. Except as provided in
subsection (5) of this section, the action may be commenced in
the small claims department of the circuit court for the county
where the property is located.
(2) In addition to any other remedy that may be available under
ORS 105.550 to 105.600, a plaintiff in an action brought to
restrain or enjoin a nuisance described in ORS 105.555 may seek
damages for mental suffering, emotional distress, inconvenience
and interference with the use of property suffered by the
plaintiff by reason of the activities constituting a nuisance.
(3) The court may award reasonable attorney fees to the
prevailing party in an action under ORS 105.550 to 105.600 unless
the action is commenced and tried in the small claims department
of { + a + } circuit court. Attorney fees may not be awarded to
any party in an action under ORS 105.550 to 105.600 that is
Enrolled House Bill 2284 (HB 2284-INTRO) Page 12
commenced and tried in the small claims department of { + a + }
circuit court.
(4) The court may consolidate all actions that relate to the
same property and that are brought to restrain or enjoin a
nuisance described in ORS 105.555. Consolidation in the small
claims department of a circuit court shall be for purposes of
trial only. A separate judgment shall be entered for each action
in the small claims department of { + a + } circuit court.
(5) An action may not be brought in the small claims department
of a circuit court to restrain or enjoin a nuisance described in
ORS 105.555 if the property alleged to be a nuisance is licensed
under ORS chapter 471 { - or 472 - } .
{ + NOTE: + } Adds indefinite articles in (3) and (4);
deletes reference to repealed ORS chapter in (5).
SECTION 8. ORS 133.005 is amended to read:
133.005. As used in ORS { - 131.655 and - } 133.005 to
133.381 and 133.410 to 133.450, unless the context requires
otherwise:
(1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
(2) 'Federal officer' means a special agent or law enforcement
officer employed by a federal agency { - and - } who is
empowered to effect an arrest with or without a warrant for
violations of the United States Code and who is authorized to
carry firearms in the performance of duty.
(3) 'Peace officer' means a member of the Oregon State Police
or a sheriff, constable, marshal, municipal police officer,
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, or an investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon.
{ + NOTE: + } Removes erroneous reference in lead-in;
corrects syntax in (2).
SECTION 9. ORS 135.037 is amended to read:
135.037. (1) At any time after the filing of the accusatory
instrument in circuit court and before the commencement of trial
thereon, the court upon motion of any party shall, and upon its
own motion may, order an omnibus hearing.
(2) The purpose of an omnibus hearing shall be to rule on all
pretrial motions and requests, including but not limited to the
following issues:
(a) Suppression of evidence { + . + } { - ; - }
(b) Challenges to identification procedures used by the
prosecution { + . + } { - ; - }
(c) Challenges to voluntariness of admissions or
confession { + . + } { - ; - }
(d) Challenges to the accusatory instrument.
(3) The court, at the time of the omnibus hearing, may also
consider any matters { - which - } { + that + } will
facilitate trial by avoiding unnecessary proof or by simplifying
the issues to be tried, or { - which - } { + that + } are
otherwise appropriate under the circumstances to facilitate
disposition of the proceeding.
(4) At the conclusion of the hearing and prior to trial the
court shall prepare and file an order setting forth all rulings
of the court on issues raised under subsection (2) of this
section. The court shall further prepare and file a memorandum
of other matters agreed upon at the hearing. Except in a
Enrolled House Bill 2284 (HB 2284-INTRO) Page 13
prosecution of the defendant for perjury or false swearing, or
impeachment of the defendant, { - no - } admissions made by
the defendant or the attorney of the defendant at the hearing
{ - shall - } { + may not + } be used against the defendant
unless the admissions are reduced to writing and signed by the
defendant and the attorney.
(5) This section { - shall - } { + may + } not be applied
in any proceeding or at any stage of any proceeding where the
defendant is not represented by counsel.
{ + NOTE: + } Modifies punctuation in (2); updates word
choice in (3); conforms syntax in (4) and (5) to legislative
style.
SECTION 10. ORS 138.071 is amended to read:
138.071. (1) Except as provided in this section, a notice of
appeal must be served and filed not later than 30 days after the
judgment or order appealed from was entered in the register.
(2) If a motion for new trial or motion in arrest of judgment
is served and filed { + , + } a notice of appeal must be served
and filed within 30 days from the earlier of the following dates:
(a) The date of entry of the order disposing of the motion; or
(b) The date on which the motion is deemed denied.
(3) A defendant cross-appealing must serve and file the notice
of cross-appeal within 10 days of the expiration of the time
allowed in subsection (1) of this section.
(4) If the trial court enters a corrected or a supplemental
judgment under ORS 138.083, a notice of appeal from the corrected
or supplemental judgment must be filed not later than 30 days
after the defendant receives notice that the judgment has been
entered.
(5)(a) Upon motion of a defendant, the Court of Appeals shall
grant the defendant leave to file a notice of appeal after the
time limits described in subsections (1) to (4) of this section
if:
(A) The defendant, by clear and convincing evidence, shows that
the failure to file a timely notice of appeal is not attributable
to the defendant personally; and
(B) The defendant shows a colorable claim of error in the
proceeding from which the appeal is taken.
(b) A defendant is not entitled to relief under this subsection
for failure to file timely notice of cross-appeal when the state
appeals pursuant to ORS 138.060 (1)(c) or (2)(a).
(c) The request for leave to file a notice of appeal after the
time limits prescribed in subsections (1) to (3) of this section
must be filed no later than 90 days after entry of the order or
judgment being appealed. The request for leave to file a notice
of appeal after the time limit prescribed in subsection (4) of
this section must be filed no later than 90 days after the
defendant receives notice that the judgment has been entered. A
request for leave under this subsection must be accompanied by
the notice of appeal, may be filed by mail and is deemed filed on
the date of mailing if the request is mailed as provided in ORS
19.260.
(d) The court { - shall - } { + may + } not grant relief
under this subsection unless the state has notice and opportunity
to respond to the defendant's request for relief.
(e) The denial of a motion under paragraph (a) of this
subsection is a bar to post-conviction relief under ORS 138.510
to 138.680 on the same ground, unless the court provides
otherwise.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 14
{ + NOTE: + } Inserts comma after introductory clause in (2);
improves syntax in (5)(d).
SECTION 11. ORS 164.043 is amended to read:
164.043. (1) A person commits the crime of theft in the third
degree if { - , by means other than extortion, the person - } :
(a) { + By means other than extortion, the person + } commits
theft as defined in ORS 164.015; and
(b) The total value of the property in a single or an aggregate
transaction is under $50.
(2) Theft in the third degree is a Class C misdemeanor.
{ + NOTE: + } Corrects read-in in (1).
SECTION 12. ORS 164.045 is amended to read:
164.045. (1) A person commits the crime of theft in the second
degree if { - , by other than extortion, the person - } :
(a) { + By other than extortion, the person + } commits theft
as defined in ORS 164.015; and
(b) The total value of the property in a single or aggregate
transaction is $50 or more but is under $200 in a case of theft
by receiving and under $750 in any other case.
(2) Theft in the second degree is a Class A misdemeanor.
{ + NOTE: + } Corrects read-in in (1).
SECTION 13. ORS 165.495 is amended to read:
165.495. (1) Except as provided in subsection (2) of this
section, { - no - } { + an + } agent, operator or employee in
any telegraph office { - , shall - } { + may not + }
unreasonably and willfully:
(a) Refuse or neglect to send any message received at
{ - such - } { + the + } office for transmission;
(b) Postpone any message out of its order; or
(c) Refuse or neglect to deliver any message received by
telegraph.
(2) This section does not require:
(a) Any message to be received, transmitted or delivered,
unless the charges thereon have been paid or tendered; { +
or + }
(b) The sending, receiving or delivery of any message
counseling, aiding, abetting or encouraging treason against the
Government of the United States or of this state, or other
resistance to the lawful authority, or any message calculated to
further any fraudulent plan or purpose, or to instigate or
encourage the perpetration of any unlawful act, or to facilitate
the escape of any criminal or person accused of crime.
{ + NOTE: + } Updates syntax in (1) lead-in and (1)(a);
supplies missing connector in (2).
SECTION 14. ORS 171.559 is amended to read:
171.559. The Joint { - Legislative - } Committee on Ways and
Means shall examine budgets based upon policy where budget
policies affect more than one agency pursuant to the policies
stated in ORS 171.557.
{ + NOTE: + } Conforms title of committee with majority of
references to committee.
SECTION 15. { + ORS 174.106 is repealed. + }
{ + NOTE: + } Repeals definition of term no longer used in
statutes.
SECTION 16. ORS 181.030 is amended to read:
181.030. (1) The Department of State Police and each member of
the Oregon State Police shall be charged with the enforcement of
all criminal laws.
(2) Each member of the state police is authorized and empowered
to:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 15
(a) Prevent crime.
(b) Pursue and apprehend offenders and obtain legal evidence
necessary to { - insure - } { + ensure + } the conviction in
the courts of
{ - such - } { + the + } offenders.
(c) Institute criminal proceedings.
(d) Execute any lawful warrant or order of arrest issued
against any person or persons for any violation of the law.
(e) Make arrests without warrant for violations of law in the
manner provided in ORS 133.310.
(f) Give first aid to the injured.
(g) Succor the helpless.
(3) Each member of the state police shall have in general the
same powers and authority as those conferred by law upon
sheriffs, police officers, constables { - , - } { + and + }
peace officers { + . + } { - and - } { + A member of the
state police + } may be appointed as { + a + } deputy medical
{ - examiners - } { + examiner + }.
(4) The members of the state police { - shall be - }
{ + are + } subject to the call of the Governor, and are
empowered to cooperate with any other instrumentality or
authority of the state, or any political subdivision in detecting
crime, apprehending criminals and preserving law and order
throughout the state { + , + } { - ; - } but the state police
{ - shall - } { + may + } not be used as a posse except when
ordered by the Governor.
{ + NOTE: + } Updates word choice in (2)(b); corrects syntax
in (3) and (4).
SECTION 17. ORS 182.415 is amended to read:
182.415. As used in ORS 182.415 to 182.435 { - and
240.086 - } unless the context requires otherwise:
(1) 'Furnishings' includes furniture usually used in connection
with occupancy of a household but does not include rugs,
draperies, { - range, refrigerator, washer, dryer - }
{ + ranges, refrigerators, washers, dryers + } or any item of
furnishings received by the state or one of its agencies as a
gift, nor does it include any furniture purchased for the
state-owned residence required in relation to the official duties
of an institutional executive or the Chancellor of the Department
of Higher Education prior to September 9, 1971.
(2) 'Housing' includes single and multiple family dwellings,
apartments, and manufactured dwellings and manufactured dwelling
pads, available on a monthly tenancy but does not include guard
stations maintained by the State Forestry Department or dormitory
facilities at any state institution or at any state institution
of higher education.
(3) 'Dormitory' includes any facility { - which - } { +
that + } houses students and those facilities used primarily for
sleeping purposes by the employees of the Department of Human
Services.
(4) 'State agency' has the { - same - } meaning { - as - }
{ + given that term + } in ORS 291.002.
{ + NOTE: + } Removes erroneous reference in lead-in;
corrects syntax in (1); updates word choice in (3) and (4).
SECTION 18. ORS 192.820 is amended to read:
192.820. As used in ORS 192.820 to 192.868:
(1) 'Actual address' means:
(a) A residential, work or school street address of an
individual specified on the application of the individual to be a
program participant; or
Enrolled House Bill 2284 (HB 2284-INTRO) Page 16
(b) The name of the county in which the program participant
resides or the name or number of the election precinct in which
the program participant is registered to vote.
(2) 'Address Confidentiality Program' means the program
established under ORS 192.822.
(3) 'Application assistant' means an employee of or a volunteer
serving a public or private entity designated by the Attorney
General under ORS 192.854 to assist individuals with applications
to participate in the Address Confidentiality Program.
(4) 'Program participant' means an individual accepted into the
Address Confidentiality Program under ORS 192.820 to 192.868.
(5) 'Public body' has the meaning given that term in ORS
174.109.
(6) 'Public record' has the meaning given that term in ORS
192.410.
(7) 'Substitute address' means an address designated by the
Attorney General under the Address Confidentiality Program.
(8) 'Victim of domestic violence' means:
(a) An individual against whom domestic violence has been
committed, as defined in ORS 135.230, 181.610 { - , - } { +
or + } 411.117 { - or 657.176 - } ;
(b) An individual who has been a victim of abuse, as defined in
ORS 107.705; or
(c) Any other individual designated a victim of domestic
violence by the Attorney General by rule.
(9) 'Victim of a sexual offense' means:
(a) An individual against whom a sexual offense has been
committed, as described in ORS 163.305 to 163.467, 163.427,
163.466 or 163.525; or
(b) Any other individual designated by the Attorney General by
rule.
(10) 'Victim of stalking' means:
(a) An individual against whom stalking has been committed, as
described in ORS 163.732; or
(b) Any other individual designated by the Attorney General by
rule.
{ + NOTE: + } Removes reference in (8)(a) to deleted
definition.
SECTION 19. Section 11, chapter 516, Oregon Laws 2001, is
amended to read:
{ + Sec. 11. + } The amendments to ORS 196.800, 196.810,
{ - 196.825, - } 196.850, 196.895, 196.905, 196.990, 390.835,
421.628 and 459.047 by sections 1 to 10 { + , chapter 516, Oregon
Laws 2001, + } { - of this 2001 Act - } and the repeal of
section 2, chapter 45, Oregon Laws 1989, by section 13 { + ,
chapter 516, Oregon Laws 2001, + } { - of this 2001 Act - }
become operative on January 2 of the even-numbered year following
the date the United States Environmental Protection Agency grants
authority by letter to the Department of State Lands to
administer permits for the discharge of dredge or fill materials
under section 404 of the Federal Water Pollution Control Act
(P.L. 92-500, as amended) and the Legislative Assembly approves
the grant of authority.
{ + NOTE: + } Eliminates reference to statute no longer
affected by conditional operative date (see amendments to 196.825
by sections 4 and 5, chapter 849, Oregon Laws 2007, incorporating
amendments subject to conditional operative date).
SECTION 20. ORS 238.690 is amended to read:
238.690. (1) A retirement plan { - which - } { + that + }
has been adopted by a mass transit district organized under ORS
Enrolled House Bill 2284 (HB 2284-INTRO) Page 17
267.010 to 267.390 situated in a { - standard - } metropolitan
statistical area with a population exceeding 400,000 { - , - }
may be integrated with, or the district may become a participant
in, the Public Employees Retirement System in the manner
prescribed in subsection (2) of this section.
(2)(a) A proposed form of contract setting forth all the terms,
conditions and provisions of the integration or participation
shall be a mandatory subject of bargaining subject to the
provisions of ORS 243.650 to 243.782.
(b) The proposed contract shall be submitted to a vote of the
employees of the mass transit district, or the members of the
affected bargaining unit of the applicable labor organization,
and the board of directors of the mass transit district. In
submitting a proposed contract to its members, the labor
organization shall follow the procedure provided in its bylaws
for the promulgation and adoption of bylaws.
(c) Adoption by the employees or members of the affected
bargaining unit of the applicable labor organization of the
proposed contract of integration or participation shall be by an
affirmative vote of not less than two-thirds of the affected
employees or active members of the affected bargaining unit of
the applicable labor organization at the time of the election.
(d) The proposed contract so formulated, approved and adopted
shall be submitted to the Public Employees Retirement Board. The
board may exercise its authority to negotiate and enter into a
contract with the mass transit district that would accomplish the
integration or participation without adversely affecting the
current operational and capital requirements of the mass transit
district. The board { - shall - } { + may + } not enter into
any contract that prevents those adverse effects by adjusting the
level of benefits received by any of the employees of the mass
transit district.
(e) { - No - } { + A + } contract of prospective
participation { - shall - } { + does not + } in any way
alter, impair or adversely affect any rights, benefits or
privileges { - which - } { + that + } have vested under the
provisions of law or collective bargaining agreement in an
employee of a mass transit district by virtue of retirement,
either on account of disability or on account of having attained
the retirement age, prior to the effective date of the contract
of integration or participation.
(f) When a public employer enters into a contract with the
board under this section, the public employer shall agree to
eventually extend coverage under this chapter to all eligible
employees of the employer through subsequent contracts with the
board.
(3) For the purposes of this section, ' { - standard - }
metropolitan statistical area' has that meaning given { + that
term + } in ORS 267.010.
{ + NOTE: + } Updates syntax in (1), (2)(d) and (e) and (3);
conforms census terminology in (1) and (3) to current federal
usage.
SECTION 21. ORS 249.031 is amended to read:
249.031. (1) Except as provided in subsection (2) of this
section, a nominating petition or declaration of candidacy shall
contain:
(a) The name by which the candidate is commonly known. A
candidate may use a nickname in parentheses in connection with
the candidate's full name.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 18
(b) Address information as required by the Secretary of State
by rule.
(c) The office and department or position number, if any, for
which the candidate seeks nomination.
(d) If the candidate is seeking the nomination of a major
political party, the name of the major political party of which
the candidate will have been a member, subject to the exceptions
stated in ORS 249.046, during at least 180 days before the
deadline for filing a nominating petition or declaration of
candidacy.
(e) A statement that the candidate is willing to accept the
nomination or election or, regarding a candidate for precinct
committeeperson, that the candidate accepts the office if
elected.
(f) A statement that the candidate will qualify if elected.
(g) If the candidate is seeking the nomination of a major
political party, a statement that the candidate, if not
nominated, will not accept the nomination or
{ - indorsement - } { + endorsement + } of any political party
other than the one of which the candidate is a member on the date
the petition or declaration is filed.
(h) The signature of the candidate.
(i) A statement of the candidate's occupation, educational and
occupational background and prior governmental experience.
(2) Subsection (1)(i) of this section does not apply to a
candidate for election as a precinct committeeperson.
(3) A declaration of candidacy shall include a statement that
the required fee is included with the declaration.
(4) If required by the national rules of the major political
party, the declaration of a candidate for election as a precinct
committeeperson shall include the name of the individual the
candidate supports for President of the United States or '
uncommitted' or 'no preference. '
{ + NOTE: + } Standardizes word choice in elections law in
(1)(g).
SECTION 22. ORS 251.049 is amended to read:
251.049. (1) Except as provided in subsection (2) of this
section, the Secretary of State may not print the name or title
of a person or the name of an organization in an argument
supporting or opposing any measure or a statement of any
candidate, political party or assembly of electors filed for
inclusion in the voters' pamphlet, if the name or title of the
person or the name of the organization is cited as supporting or
{ - indorsing - } { + endorsing + } the argument or statement.
(2) The Secretary of State may print the name or title of a
person or the name of an organization in an argument or statement
submitted for inclusion in the voters' pamphlet as supporting or
{ - indorsing - } { + endorsing + } the argument or statement
if:
(a) Not later than the deadline for filing an argument or
statement with the Secretary of State, the secretary receives a
statement signed by the person, or by an authorized person on
behalf of an organization, stating that the person consents to
the use of the name or title of the person or the name of the
organization; or
(b) The name or title of a person or the name of an
organization is used with a quotation made by the person or by an
authorized person on behalf of an organization, the quotation was
disseminated to the public prior to its inclusion in the argument
Enrolled House Bill 2284 (HB 2284-INTRO) Page 19
or statement and the quotation is identified by its source and
date.
(3) A person may not:
(a) Submit a false signature under subsection (2) of this
section; or
(b) Alter the manner in which a person signing a statement of
consent described in subsection (2) of this section designates
the person's name or title or the name of the organization the
person represents to appear in the argument or statement. This
paragraph does not prohibit revisions allowed or required under
ORS 251.055 or 251.087.
{ + NOTE: + } Standardizes word choice in elections law in
(1) and (2).
SECTION 23. ORS 251.355 is amended to read:
251.355. (1) Not later than the date specified by the Secretary
of State by rule, in a county that prepares a county voters'
pamphlet, any person may file with the county clerk a typewritten
argument supporting or opposing any measure to be submitted to
the voters on the ballot. The county clerk { - shall - }
{ + may + } not accept any arguments { - which - } { +
that + } are not accompanied by the fee established by the
Secretary of State or a petition in a form prescribed by the
Secretary of State. A petition shall contain the signatures of at
least four percent of the electors in the county eligible to vote
on the measure to which the argument refers, or the signatures of
1,000 electors in the county eligible to vote on the measure to
which the argument refers, whichever is less. The number of
registered electors in an electoral district, for the purposes of
this section, shall be calculated on January 1 of each year. Each
person signing the petition shall subscribe to a statement that
the person has read and agrees with the argument. The signatures
on each petition shall be certified by the county clerk in the
manner provided in ORS 249.008. The petition shall be filed with
the county clerk.
(2) The county clerk shall include in the county voters'
pamphlet, on the page of the printed argument, the name of the
person who submitted the argument, the name of the organization
the person represents, if any, whether the argument supports or
opposes the measure and a disclaimer that the argument does not
constitute an { - indorsement - } { + endorsement + } by the
county and that the county does not warrant the accuracy or truth
of any statement made in the argument.
{ + NOTE: + } Updates word choice in (1); standardizes word
choice in elections law in (2).
SECTION 24. ORS 255.165 is amended to read:
255.165. (1) Except for a district measure of the Port of
Portland, a metropolitan service district organized under ORS
chapter 268, a school district with an enrollment exceeding
40,000 pupils or a mass transit district situated in a
{ - standard - } metropolitan statistical area with a population
exceeding 400,000, other than a mass transit district measure
relating to a route, schedule or fare change, a petition to refer
or initiate a district measure must be signed by a number of
electors registered in the district that:
(a) For an initiative petition, is not less than 15 percent of
the total number of votes cast in the district for all candidates
for Governor at the most recent election at which a candidate for
Governor was elected to a full term; and
(b) For a referendum petition, is not less than 10 percent of
the total number of votes cast in the district for all candidates
Enrolled House Bill 2284 (HB 2284-INTRO) Page 20
for Governor at the most recent election at which a candidate for
Governor was elected to a full term.
(2) A petition to refer or initiate a district measure of the
Port of Portland, a metropolitan service district organized under
ORS chapter 268, a school district with an enrollment exceeding
40,000 pupils or a mass transit district situated in a
{ - standard - } metropolitan statistical area with a population
exceeding 400,000, other than a mass transit district measure
relating to a route, schedule or fare change, must be signed by a
number of electors registered in the district that:
(a) For an initiative petition, is not less than six percent of
the total number of votes cast in the district for all candidates
for Governor at the most recent election at which a candidate for
Governor was elected to a full term; and
(b) For a referendum petition, is not less than four percent of
the total number of votes cast in the district for all candidates
for Governor at the most recent election at which a candidate for
Governor was elected to a full term.
(3) Except for a district measure of the Port of Portland, a
metropolitan service district organized under ORS chapter 268, a
school district with an enrollment exceeding 40,000 pupils or a
mass transit district situated in a { - standard - }
metropolitan statistical area with a population exceeding
400,000, other than a mass transit district measure relating to a
route, schedule or fare change, a petition to refer a district
measure must be filed with the elections officer not later than
the 30th day after adoption of the district ordinance sought to
be referred.
(4) A petition to refer a district measure of the Port of
Portland, a metropolitan service district organized under ORS
chapter 268, a school district with an enrollment exceeding
40,000 pupils or a mass transit district situated in a
{ - standard - } metropolitan statistical area with a population
exceeding 400,000, other than a mass transit district measure
relating to a route, schedule or fare change, must be filed with
the elections officer not later than the 90th day after adoption
of the district ordinance sought to be referred.
{ + NOTE: + } Conforms census terminology to current federal
usage.
SECTION 25. ORS 264.335 is amended to read:
264.335. In addition to the other powers granted to districts
under this chapter, a district may exercise the powers granted to
sanitary districts under ORS 450.005 to 450.245 when:
(1) The district obtains all or part of its supply of water
from a watershed;
(2) The watershed is located in a sole-source aquifer
designated prior to September 29, 1991, by the United States
Environmental Protection Agency under the Safe Drinking Water Act
(42 U.S.C. { - 300h - } { + 300f + } et seq.);
(3) The watershed is recognized under rules of the
Environmental Quality Commission as a watershed requiring
protection from contamination in order to maintain high water
quality; and
(4) The district adopts a resolution declaring that the health
of the residents of the district and the general public interest
requires the district to protect the water quality of the
watershed.
{ + NOTE: + } Corrects federal citation in (2).
SECTION 26. ORS 267.010 is amended to read:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 21
267.010. As used in ORS 267.010 to 267.390, unless the context
requires otherwise:
(1) 'District' means a mass transit district established under
ORS 267.010 to 267.390.
(2) 'District board' or 'board' means the board of directors of
a district.
(3) 'Mass transit system' or 'transit system' means the
property, equipment and improvements of whatever nature owned,
used, constructed, maintained, controlled or operated to provide
mass transportation for passengers or to provide for the movement
of people, including park-and-ride stations, transfer stations,
parking lots, malls { - , - } and skyways, provided that
nothing contained herein shall limit the power of a city to
exercise its general powers over or provide such stations, lots,
malls { - , - } or skyways.
(4) ' { - Standard - } Metropolitan statistical area' means
an area designated { - and published - } by the United States
{ - Bureau of the Budget - } { + Office of Management and
Budget + } as a { - standard - } metropolitan statistical area.
{ + NOTE: + } Strikes serial commas in (3); conforms census
terminology to current federal usage, eliminates redundancy and
updates title of federal agency in (4).
SECTION 27. ORS 267.080 is amended to read:
267.080. As provided by ORS 267.010 to 267.390, a mass transit
district may be created in any { - standard - } metropolitan
statistical area for the purpose of providing a mass transit
system for the people of the district. Except as otherwise
provided in ORS 267.107 (2)(c), the territorial jurisdiction of
the district may include all territory within the geographic
boundaries of every Oregon county in that { - standard - }
metropolitan statistical area.
{ + NOTE: + } Conforms census terminology to current federal
usage.
SECTION 28. ORS 267.085 is amended to read:
267.085. (1) In addition to and not in lieu of other actions
authorized for the initiation of proceedings to form a mass
transit district, the governing body of the most populous city in
a { - standard - } metropolitan statistical area may by
resolution propose formation of a mass transit district, if that
city has a local transit system and if the governing body finds
that area-wide mass transit needs cannot be met by local transit
operation. The resolution of the governing body shall be
addressed to and filed with the county board of the principal
county and proceedings conducted as provided by ORS 198.705 to
198.955.
(2) A certified copy of the order forming a mass transit
district shall be filed with the Governor.
{ + NOTE: + } Conforms census terminology in (1) to current
federal usage.
SECTION 29. ORS 267.097 is amended to read:
267.097. Before appointing a director to the board of a
district situated in a { - standard - } metropolitan
statistical area with a population exceeding 400,000, the
Governor shall solicit from each city and county located wholly
or partly within the subdistrict for which the appointment will
be made recommendations of qualified individuals for the
position.
{ + NOTE: + } Conforms census terminology to current federal
usage.
SECTION 30. ORS 267.107 is amended to read:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 22
267.107. Notwithstanding ORS 267.085:
(1) The governing body of the most populous city in a
{ - standard - } metropolitan statistical area may by
resolution propose creation of a mass transit district if the
governing body finds that area-wide mass transit needs cannot be
met by local transit operation.
(2) The resolution of the governing body shall:
(a) Be considered at a public hearing only after notice as
required for regular consideration of other resolutions by city
charter or ordinance;
(b) Include findings of the need for creation of a mass transit
district in the affected area;
(c) Describe the boundaries of the proposed district, which may
be limited to a proposed service area but which may not extend
beyond the limits of the city's urban growth boundary; and
(d) If approved, be addressed to and filed with the governing
body of the county in which the proposed district is principally
situated.
(3) Upon receipt of the resolution under subsection (2) of this
section { + , + } the county governing body shall commence
district formation proceedings as provided in ORS 198.705 to
198.955 and 267.108.
{ + NOTE: + } Conforms census terminology in (1) to current
federal usage; inserts comma after introductory clause in (3).
SECTION 31. ORS 267.410 is amended to read:
267.410. ORS 267.300, 267.380 and 267.410 to 267.430 apply only
to a mass transit district situated in a { - standard - }
metropolitan statistical area with a population exceeding
400,000.
{ + NOTE: + } Conforms census terminology to current federal
usage.
SECTION 32. ORS 284.142 is amended to read:
284.142. (1) The Oregon Tourism Commission shall appoint an
executive director. The appointment shall be subject to the
approval of the Governor. The executive director shall serve at
the pleasure of the members of the commission.
(2) The commission shall set the compensation of the executive
director.
(3) The executive director shall direct all administrative
functions of the commission. The executive director may appoint
all subordinate officers and employees of the commission and may
prescribe their duties and set their compensation.
(4) Except as provided in subsection (5) of this section, the
commission may delegate to the executive director any duty,
function or power conferred or imposed on the commission and the
executive director may delegate to any subordinate officer or
employee of the commission any duty, function or power conferred,
imposed on or delegated to the executive director.
(5) The commission may not delegate to the executive director
the power to:
(a) Approve the comprehensive marketing plan described in ORS
284.111;
(b) Approve the biennial budget required under ORS 284.126; or
(c) Appoint and set the compensation of the executive director
{ - under ORS 284.142 - } .
{ + NOTE: + } Strikes unnecessary reference in (5)(c); see
subsection (1).
SECTION 33. ORS 285B.422 is amended to read:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 23
285B.422. (1) The Economic and Community Development Department
may provide financial or other assistance to a municipality for a
development project { - as defined in ORS 285B.410 - } .
(2) The project must be municipally owned and operated either
by the municipality or under a management contract or an
operating agreement with the municipality. If the project
consists:
(a) Solely of the purchase or acquisition of land by the
municipality, the land must be identified in the applicable land
use or capital plan as necessary for a potential development
project or be zoned solely for commercial or industrial use.
(b) Of a privately owned railroad, the railroad must be
designated by the owner and operator as subject to abandonment
within three years, pursuant to federal law governing abandonment
of common carrier railroad lines.
(c) Of a telecommunications system, the governing body of the
municipality shall adopt a resolution, after a public hearing,
finding that the proposed telecommunications system project is
necessary and would not otherwise be provided by a for-profit
entity within a reasonable time and for a reasonable cost.
(3) If the project is an energy system, the municipality and
the serving utility must execute an ownership and operating
agreement for the proposed energy system. This subsection does
not apply when the energy system will be located within the
recognized service territory of the municipality.
(4) The department may not use funds to provide assistance for:
(a) Projects that primarily focus on relocating business or
economic activity from one part of the state to another, except
in cases where the business or economic activity would otherwise
locate outside of Oregon; or
(b) Ongoing operations or maintenance expenses.
{ + NOTE: + } Strikes redundant reference to definition
section in (1); see 285B.410.
SECTION 34. ORS 285B.460 is amended to read:
285B.460. (1) The Economic and Community Development Department
may provide financial or other assistance to a municipality for a
planning project { - as defined in ORS 285B.410 - } .
(2) The planning project may be a stand-alone project.
(3) The planning project may include an environmental action on
a brownfield. For purposes of this subsection:
(a) 'Brownfield' has the meaning given that term in ORS
285A.185.
(b) 'Environmental action' has the meaning given that term in
ORS 285A.188.
{ + NOTE: + } Strikes redundant reference to definition
section in (1); see 285B.410.
SECTION 35. ORS 285B.462 is amended to read:
285B.462. (1) The Economic and Community Development Department
may provide financial or other assistance to a municipality for
an emergency project { - as defined in ORS 285B.410 - } .
(2) The department may award grant funding to an emergency
project only if federal disaster relief assistance has been
committed for the emergency project.
(3) Assistance from the Special Public Works Fund for an
emergency project may not exceed the total local matching funds
requirement for the federal disaster relief assistance committed
to the project.
{ + NOTE: + } Strikes redundant reference to definition
section in (1); see 285B.410.
SECTION 36. ORS 291.445 is amended to read:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 24
291.445. (1) Before July 1 of each fiscal year, the Oregon
Department of Administrative Services shall request from the
appropriate state agency a certificate as prescribed in this
section. The request shall be made by letter to the agency.
(2) Each state agency authorized to issue general obligation
bonds that are ordinarily to be repaid from other than General
Fund appropriations shall, on or before August 15 of each fiscal
year:
(a) Certify to the Director of the Oregon Department of
Administrative Services that the amounts available or that will
become available during the current year to the bond program debt
service fund to pay bond principal and interest that has accrued
or will accrue during the current year are sufficient and will be
sufficient to pay bond program principal and interest scheduled
for payment during the current year; or
(b) Certify to the Director of the Oregon Department of
Administrative Services that the amounts available or that will
become available during the current year to the bond program debt
service fund will not be sufficient to pay bond program principal
and interest scheduled for payment during the current year. A
certificate issued under this paragraph shall specify the amount
of the anticipated current year deficit. The Director of the
Oregon Department of Administrative Services shall review and
confirm the correctness of each certification made under this
paragraph.
(3) On or before August 15 of each fiscal year, the
administrative division of the Oregon Department of
Administrative Services that has primary responsibility for
accounting for each general obligation bond program in which the
bond principal and interest is ordinarily to be repaid from
General Fund appropriations shall:
(a) Certify to the Director of the Oregon Department of
Administrative Services that the amounts available or that will
become available during the current year from General Fund
appropriations to defray program bond principal and interest that
has accrued or will accrue during the current year are sufficient
and will be sufficient to pay program bond principal and interest
scheduled for payment during the current year; or
(b) Certify to the Director of the Oregon Department of
Administrative Services that the amounts available or that will
become available during the current year from General Fund
appropriations will not be sufficient to pay program bond
principal and interest scheduled for payment during the current
year. A certificate issued under this paragraph shall specify the
amount of the anticipated current year deficit.
(4)(a) If a deficit in funds available to pay principal and
interest in any general obligation bond program is certified and
confirmed under subsection (2) or certified under subsection (3)
of this section, the amount of the deficit, together with any
deficit that is certified for any other general obligation bond
program shall upon certification constitute a state tax levy on
property that shall be apportioned among and charged to the
several counties in that proportion which the total assessed
value of all the taxable property in each county bears to the
total assessed value of all the taxable property of the state as
equalized.
(b) If any agency fails to make the certification under
subsection (2) or (3) of this section with respect to any general
obligation bond fund program, the Oregon Department of
Administrative Services shall determine the amount of revenue and
Enrolled House Bill 2284 (HB 2284-INTRO) Page 25
other funds that are available and the amount of taxes, if any,
that should be levied in addition to the revenues and funds, to
pay bond principal and interest under the program for the fiscal
year in question. The additional amount so determined shall
thereupon constitute a state tax levy on property that shall be
apportioned, certified, collected and distributed as if
determined and certified as a deficit by the agency. The Oregon
Department of Administrative Services shall charge the agency for
cost recovery for time spent on that agency's behalf.
(5) Immediately after the department has determined the amount
of a state tax levy on property in accordance with subsection (4)
of this section, a certificate of levy, signed by the director of
the department, shall be filed in the office of the department.
If no state levy is required for the fiscal or tax year, a
certificate so stating and signed by the director shall be filed
in the office of the department.
(6) If, for any reason, after the close of any regular biennial
session of the Legislative Assembly, it becomes necessary to
reduce General Fund appropriations, General Fund appropriations
for a debt service fund of a general obligation bond program
described under subsection (3) of this section may not be
reduced.
(7) For purposes of this section:
(a) State agencies that are authorized to issue general
obligation bonds ordinarily to be repaid from other than General
Fund appropriations include but are not limited to:
(A) The Director of Veterans' Affairs, as authorized by Article
XI-A of the Oregon Constitution and ORS chapter 407 (veterans
loans).
(B) The State Board of Higher Education, as authorized by
Article XI-F(1) of the Oregon Constitution and ORS 351.350
(building projects).
(C) The Department of Environmental Quality, as authorized by
Article XI-H of the Oregon Constitution and ORS 468.195 to
468.260 (pollution control).
(D) The Water Resources Commission and the Water Resources
Director, as authorized by Article XI-I(1) of the Oregon
Constitution and ORS 541.700 to 541.855 (water development).
(E) The { - Housing Agency - } { + Housing and Community
Services Department + }, as authorized by Article XI-I(2) of the
Oregon Constitution and ORS 456.515 to 456.725 and 458.505 to
458.515 (housing).
(F) The Director of the State Department of Energy, as
authorized by Article XI-J of the Oregon Constitution and ORS
470.220 to 470.290 (small scale energy projects).
(G) Other agencies as required by the Oregon Department of
Administrative Services by rule adopted using the criterion of
this subsection.
(b) Each agency authorized to issue general obligation bonds
that are ordinarily to be repaid from other than General Fund
appropriations shall determine the amount of revenues or other
funds that are available and the amount of taxes, if any, that
should be levied for the ensuing year in the manner required
under rules adopted by the Oregon Department of Administrative
Services and make the certification required under subsection (2)
of this section.
(8)(a) State agencies that are authorized to issue general
obligation bonds that are ordinarily to be repaid from General
Fund appropriations include but are not limited to:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 26
(A) The State Board of Forestry and the State Forester, as
authorized by Article XI-E of the Oregon Constitution and ORS
530.210 to 530.280 (state reforestation).
(B) The State Board of Higher Education, as authorized by
Article XI-G of the Oregon Constitution and ORS 351.345 (higher
education and community colleges).
(C) Other agencies as required by the Oregon Department of
Administrative Services by rule adopted using the criterion of
this subsection.
(b) Each agency authorized to issue general obligation bonds
ordinarily to be repaid from General Fund appropriations shall
furnish any data required by the Oregon Department of
Administrative Services to determine the amount of revenues or
other funds that are available and the amount of taxes, if any,
that should be levied for the ensuing year and the administrative
division of the Oregon Department of Administrative Services that
has primary responsibility for accounting shall make the
determination for purposes of the making of the certification
required under subsection (3) of this section.
{ + NOTE: + } Corrects name of agency in (7)(a)(E).
SECTION 37. ORS 292.500 is amended to read:
292.500. (1) As used in this section, 'council' means the
Oregon { + Council on + } Developmental Disabilities
{ - Council - } that receives federal financial support under
the Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6000 et seq.).
(2) Each member of the Oregon { + Council on + } Developmental
Disabilities { - Council - } is entitled to compensation as
provided in ORS 292.495 (1).
(3) Subject to limits provided by law or by the Oregon
Department of Administrative Services under ORS 292.210 to
292.250, each member of the council may receive actual and
necessary travel or other expenses incurred in the performance of
the member's official duties and not reimbursed from other
sources.
(4) As used in subsection (3) of this section, 'other expenses'
means:
(a) Expenses not exceeding $25 for each day that are incurred
by a member of the council in employing another person to perform
duties, including personal duties, normally performed by the
member that the member is unable to perform because of other
official duties that cannot be delayed without risk to health or
safety.
(b) Notwithstanding paragraph (a) of this subsection, the
actual cost of personal assistant services necessary for a member
of the council to perform official duties of the member.
(c) Notwithstanding paragraph (a) of this subsection, the
actual cost of care for children or family members with
disabilities that is required to allow a parent or caregiver to
perform the duties of a member of the council.
{ + NOTE: + } Updates name of council to reflect Executive
Order No. 02-24.
SECTION 38. ORS 294.810 is amended to read:
294.810. (1) With the consent of the governing body, a local
government official may place in the aggregate up to $30 million
of its funds in the investment pool, or, if the assets of the
investment pool have been transferred pursuant to ORS 294.882, in
the state investment fund established pursuant to ORS 293.721,
for investment and reinvestment by the investment officer as
provided under ORS 293.701 to 293.820 or 294.805 to 294.895, as
Enrolled House Bill 2284 (HB 2284-INTRO) Page 27
the case may be. The $30 million limitation stated in this
section { - shall - } { + does + } not apply either to funds
of a governing body { - which - } { + that + } are placed in
the investment pool on a pass-through basis or to funds invested
on behalf of another government unit. Local governments must
remove pass-through funds { - which - } { + that + } result
in an account balance in the pool in excess of $30 million within
10 business days. County governments must remove such excess
funds within 20 business days. The investment officer shall
promptly report each instance of noncompliance with, or apparent
abuse of, the limitations of this section to the Secretary of
State and to the governing body of the local government involved.
(2) The $30 million limitation contained in subsection (1) of
this section shall increase in proportion to the increase
occurring after September 9, 1995, in the Consumer Price Index
for All Urban Consumers of the Portland, Oregon,
{ - Standard - } Metropolitan Statistical Area, as compiled by
the United States Department of Labor, Bureau of Labor
Statistics.
{ + NOTE: + } Updates syntax in (1); conforms census
terminology in (2) to current federal usage.
SECTION 39. ORS 297.070, as amended by section 8, chapter 7,
Oregon Laws 2008, is amended to read:
297.070. (1) Performance and program audits of all state
departments, boards, commissions, institutions and state-aided
institutions and agencies shall be conducted on the basis of risk
assessment and on standards established by national recognized
entities including, but not limited to, the United States
{ - General Accounting - } { + Government Accountability + }
Office and the National Association of State Auditors. The
Secretary of State shall adopt and the Joint Legislative Audit
Committee shall approve rules specifying all criteria to be
considered for conducting a performance or program audit under
this section. The Secretary of State shall schedule the
performance and program audits as directed by the Joint
Legislative Audit Committee.
(2) The Secretary of State may subpoena witnesses, may require
the production of books and papers and rendering of reports in
{ - such - } { + the + } manner and form { - as - } { +
that + } the Secretary of State requires and may do all things
necessary to secure a full and thorough audit. The Secretary of
State shall report, in writing, to the Legislative Assembly as
provided in ORS 192.245 and to the Committee on Performance
Excellence established in section 1, chapter 7, Oregon Laws 2008.
The report shall include a copy of the report on each performance
and program audit.
(3) The Secretary of State, as State Auditor, shall contract
with qualified private sector auditors to conduct audits required
by this section, unless the Secretary of State determines that it
is not practical or in the public interest to do so. If the
Secretary of State determines that it is not practical or in the
public interest to contract with qualified private sector
auditors, after notifying the Joint Legislative Audit Committee,
the Secretary of State shall employ auditors for { - such - }
{ + that + } purpose and shall include in the written audit
report the circumstances that rendered it impractical or not in
the public interest to contract with qualified private sector
auditors. All contracts for conducting performance and program
audits under this section shall be in a form prescribed or
approved by the Secretary of State. A copy of each completed
Enrolled House Bill 2284 (HB 2284-INTRO) Page 28
contract shall be furnished to the Secretary of State and the
Joint Legislative Audit Committee. The Secretary of State shall
employ or contract with auditors upon terms and for compensation
as the Secretary of State determines are advantageous and
advisable.
(4) An audit conducted under contract as provided in subsection
(3) of this section shall be considered to be conducted by the
Division of Audits for purposes of ORS 297.020, 297.050 and
297.535.
(5) If a person fails to comply with any subpoena issued under
subsection (2) of this section, a judge of the circuit court of
any county, on application of the Secretary of State, shall
compel obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from the
circuit court.
(6) The Secretary of State may enter into an agreement with the
department, board, commission, institution, state-aided
institution or agency that is the subject of a performance or
program audit for payment of the expenses incurred by the
Secretary of State in conducting the audit. The Emergency Board
may also make funds available to the Division of Audits to
reimburse it for expenses incurred under this section.
(7) As used in this section:
(a) 'Performance audit' includes determining:
(A) Whether an entity described in subsection (1) of this
section that is the subject of the audit is acquiring, protecting
and using its resources economically and efficiently;
(B) The causes of inefficiencies or uneconomical practices; and
(C) Whether the entity has complied with laws and regulations
concerning matters of economy and efficiency.
(b) 'Program audit' includes determining:
(A) The extent to which the desired results or benefits of a
program established by the Legislative Assembly or other
authorizing body are being achieved;
(B) The extent to which the need for or objectives of an
ongoing program are necessary or relevant;
(C) Whether the program complements, duplicates, overlaps or
conflicts with other related programs;
(D) The effectiveness of organizations, programs, activities or
functions; and
(E) Whether the entity described in subsection (1) of this
section that is the subject of the audit has complied with laws
and regulations applicable to the program.
{ + NOTE: + } Updates title of federal agency in (1); updates
word choice in (2) and (3).
SECTION 40. ORS 327.006 is amended to read:
327.006. As used in ORS 327.006 to 327.133, 327.348, 327.355,
327.357, 327.360 and 327.731:
(1) 'Aggregate days membership' means the sum of days present
and absent, according to the rules of the State Board of
Education, of all resident pupils when school is actually in
session during a certain period. The aggregate days membership of
kindergarten pupils shall be calculated on the basis of a
half-day program.
(2)(a) 'Approved transportation costs' means those costs as
defined by rule of the State Board of Education and is limited to
those costs attributable to transporting or room and board
provided in lieu of transporting:
(A) Elementary school students who live at least one mile from
school;
Enrolled House Bill 2284 (HB 2284-INTRO) Page 29
(B) Secondary school students who live at least 1.5 miles from
school;
(C) Any student required to be transported for health or safety
reasons, according to supplemental plans from districts that have
been approved by the state board identifying students who are
required to be transported for health or safety reasons,
including special education;
(D) Preschool children with disabilities requiring
transportation for early intervention services provided pursuant
to ORS 343.224 and 343.533;
(E) Students who require payment of room and board in lieu of
transportation;
(F) A student transported from one school or facility to
another school or facility when the student attends both schools
or facilities during the day or week; and
(G) Students participating in school-sponsored field trips that
are extensions of classroom learning experiences.
(b) 'Approved transportation costs' does not include the cost
of constructing boarding school facilities.
(3) 'Average daily membership' or 'ADM' means the aggregate
days membership of a school during a certain period divided by
the number of days the school was actually in session during the
same period. However, if a district school board adopts a class
schedule that operates throughout the year for all or any schools
in the district, average daily membership shall be computed by
the Department of Education so that the resulting average daily
membership will not be higher or lower than if the board had not
adopted such schedule.
(4) 'Consumer Price Index' means the Consumer Price Index for
All Urban Consumers of the Portland, Oregon, { - Standard - }
Metropolitan Statistical Area, as compiled by the United States
Department of Labor, Bureau of Labor Statistics.
(5) 'Kindergarten' means a kindergarten program that conforms
to the standards and rules adopted by the State Board of
Education.
(6) 'Net operating expenditures' means the sum of expenditures
of a school district in kindergarten through grade 12 for
administration, instruction, attendance and health services,
operation of plant, maintenance of plant, fixed charges and
tuition for resident students attending in another district, as
determined in accordance with the rules of the State Board of
Education, but net operating expenditures does not include
transportation, food service, student body activities, community
services, capital outlay, debt service or expenses incurred for
nonresident students.
(7)(a) 'Resident pupil' means any pupil:
(A) Whose legal school residence is within the boundaries of a
school district reporting the pupil, if the district is legally
responsible for the education of the pupil, except that 'resident
pupil' does not include a pupil who pays tuition or for whom the
parent pays tuition or for whom the district does not pay tuition
for placement outside the district; or
(B) Whose legal residence is not within the boundaries of the
district reporting the pupil but attends school in the district
with the written consent of the affected school district boards.
(b) A pupil { - shall not be - } { + is not + } considered
to be a resident pupil under paragraph (a)(A) of this subsection
if the pupil is attending school in another school district
pursuant to a contract under ORS 339.125 and in the prior year
was considered to be a resident pupil in another school district
Enrolled House Bill 2284 (HB 2284-INTRO) Page 30
under paragraph (a)(B) of this subsection. The pupil shall
continue to be considered a resident of another school district
under paragraph (a)(B) of this subsection.
(c) A pupil { - shall not be - } { + is not + } considered
to be a resident pupil under paragraph (a)(B) of this subsection
if the pupil is attending school in a school district pursuant to
an agreement with another school district under ORS 339.133 and
in the prior year was considered to be a resident pupil under
paragraph (a)(A) of this subsection because the pupil was
attending school in another school district pursuant to a
contract under ORS 339.125. The pupil shall continue to be
considered a resident pupil under paragraph (a)(A) of this
subsection.
(d) 'Resident pupil' includes a pupil admitted to a school
district under ORS 339.115 (7).
(8) 'Standard school' means a school meeting the standards set
by the rules of the State Board of Education.
(9) 'Tax' and 'taxes' includes all taxes on property, excluding
exempt bonded indebtedness, as those terms are defined in ORS
310.140.
{ + NOTE: + } Conforms census terminology in (4) to current
federal usage; updates syntax in (7)(b) and (c).
SECTION 41. ORS 327.006, as amended by section 11, chapter 846,
Oregon Laws 2007, is amended to read:
327.006. As used in ORS 327.006 to 327.133, 327.348 and
327.731:
(1) 'Aggregate days membership' means the sum of days present
and absent, according to the rules of the State Board of
Education, of all resident pupils when school is actually in
session during a certain period. The aggregate days membership of
kindergarten pupils shall be calculated on the basis of a
half-day program.
(2)(a) 'Approved transportation costs' means those costs as
defined by rule of the State Board of Education and is limited to
those costs attributable to transporting or room and board
provided in lieu of transporting:
(A) Elementary school students who live at least one mile from
school;
(B) Secondary school students who live at least 1.5 miles from
school;
(C) Any student required to be transported for health or safety
reasons, according to supplemental plans from districts that have
been approved by the state board identifying students who are
required to be transported for health or safety reasons,
including special education;
(D) Preschool children with disabilities requiring
transportation for early intervention services provided pursuant
to ORS 343.224 and 343.533;
(E) Students who require payment of room and board in lieu of
transportation;
(F) A student transported from one school or facility to
another school or facility when the student attends both schools
or facilities during the day or week; and
(G) Students participating in school-sponsored field trips that
are extensions of classroom learning experiences.
(b) 'Approved transportation costs' does not include the cost
of constructing boarding school facilities.
(3) 'Average daily membership' or 'ADM' means the aggregate
days membership of a school during a certain period divided by
the number of days the school was actually in session during the
Enrolled House Bill 2284 (HB 2284-INTRO) Page 31
same period. However, if a district school board adopts a class
schedule that operates throughout the year for all or any schools
in the district, average daily membership shall be computed by
the Department of Education so that the resulting average daily
membership will not be higher or lower than if the board had not
adopted such schedule.
(4) 'Consumer Price Index' means the Consumer Price Index for
All Urban Consumers of the Portland, Oregon, { - Standard - }
Metropolitan Statistical Area, as compiled by the United States
Department of Labor, Bureau of Labor Statistics.
(5) 'Kindergarten' means a kindergarten program that conforms
to the standards and rules adopted by the State Board of
Education.
(6) 'Net operating expenditures' means the sum of expenditures
of a school district in kindergarten through grade 12 for
administration, instruction, attendance and health services,
operation of plant, maintenance of plant, fixed charges and
tuition for resident students attending in another district, as
determined in accordance with the rules of the State Board of
Education, but net operating expenditures does not include
transportation, food service, student body activities, community
services, capital outlay, debt service or expenses incurred for
nonresident students.
(7)(a) 'Resident pupil' means any pupil:
(A) Whose legal school residence is within the boundaries of a
school district reporting the pupil, if the district is legally
responsible for the education of the pupil, except that 'resident
pupil' does not include a pupil who pays tuition or for whom the
parent pays tuition or for whom the district does not pay tuition
for placement outside the district; or
(B) Whose legal residence is not within the boundaries of the
district reporting the pupil but attends school in the district
with the written consent of the affected school district boards.
(b) A pupil { - shall not be - } { + is not + } considered
to be a resident pupil under paragraph (a)(A) of this subsection
if the pupil is attending school in another school district
pursuant to a contract under ORS 339.125 and in the prior year
was considered to be a resident pupil in another school district
under paragraph (a)(B) of this subsection. The pupil shall
continue to be considered a resident of another school district
under paragraph (a)(B) of this subsection.
(c) A pupil { - shall not be - } { + is not + } considered
to be a resident pupil under paragraph (a)(B) of this subsection
if the pupil is attending school in a school district pursuant to
an agreement with another school district under ORS 339.133 and
in the prior year was considered to be a resident pupil under
paragraph (a)(A) of this subsection because the pupil was
attending school in another school district pursuant to a
contract under ORS 339.125. The pupil shall continue to be
considered a resident pupil under paragraph (a)(A) of this
subsection.
(d) 'Resident pupil' includes a pupil admitted to a school
district under ORS 339.115 (7).
(8) 'Standard school' means a school meeting the standards set
by the rules of the State Board of Education.
(9) 'Tax' and 'taxes' includes all taxes on property, excluding
exempt bonded indebtedness, as those terms are defined in ORS
310.140.
{ + NOTE: + } Conforms census terminology in (4) to current
federal usage; updates syntax in (7)(b) and (c).
Enrolled House Bill 2284 (HB 2284-INTRO) Page 32
SECTION 42. ORS 339.133 is amended to read:
339.133. (1) Except as provided in subsection (3), (4), (5) or
(7) of this section, children between the ages of 4 and 18 shall
be considered resident for school purposes in the school district
in which their parents, { + their + } guardians or persons in
parental relationship to them reside.
(2) Nonemancipated individuals between the ages of 4 and 18
living outside the geographic area of the school district for
such reasons as attending college, military service, hospital
confinement or employment away from home shall be considered
resident in the district in which their parents, { + their + }
guardians or persons in parental relationship to them reside.
(3) Individuals considered legally emancipated from their
parents shall be considered resident in the district in which
they actually reside, irrespective of the residence of their
parents, { + their + } guardians or persons in parental
relationship.
(4) Children placed by public or private agencies who are
living in { + licensed, certified or approved + } substitute
care programs
{ - licensed, certified or approved - } shall be considered
resident in the school district in which they reside { - by
placement of the - } { + because of placement by a + } public or
private agency.
(5)(a) Notwithstanding subsection (4) of this section, when a
juvenile court determines that it is in a child's best interest
to continue to attend the school that the child attended prior to
placement by a public agency, the child:
(A) Shall be considered resident for school purposes in the
school district in which the child resided prior to the
placement; and
(B) May continue to attend the school the child attended prior
to the placement through the highest grade level of the school.
(b) The public agency that has placed the child shall be
responsible for providing the child with transportation to and
from school when the need for transportation is due to the
placement by the public agency.
(c) Paragraph (b) of this subsection applies only to a public
agency for which funds have been designated for the specific
purpose of providing a child with transportation to and from
school under this subsection.
(6) Persons living temporarily in a school district for the
primary purpose of attending a district school may not be
considered { - legally - } resident { - of - } { + in + }
the district in which they are living temporarily, but shall be
considered resident in the district in which they, their parents,
{ + their + } guardians or persons in parental relationship to
them maintain residency.
(7) Except as provided in ORS 327.006 (7) and 335.090, persons
whose legal residence is not within the district but who attend
school in the district with the written consent of the affected
district school boards shall be considered to be residents
{ - of - } { + in + } the district in which the { - person
attends - } { + persons attend + } school for purposes of the
receipt by that district of State School Fund moneys for
{ - the person - } { + those persons + }.
(8) For the purposes of this section:
(a) 'Person in parental relationship' means an adult who has
physical custody of a child or resides in the same household as
the child, interacts with the child daily, provides the child
Enrolled House Bill 2284 (HB 2284-INTRO) Page 33
with food, clothing, shelter and incidental necessaries and
provides the child with necessary care, education and discipline.
' Person in parental relationship' does not mean a person with a
power of attorney or other written delegation of parental
responsibilities if the person does not have other evidence of a
parental relationship.
(b) 'Substitute care program' means family foster care, family
group home care, parole foster care, family shelter care,
adolescent shelter care and professional group care.
{ + NOTE: + } Corrects syntax in (1), (2), (3), (4), (6) and
(7); corrects terminology in (6).
SECTION 43. ORS 344.555 is amended to read:
344.555. (1) When an individual with an occupational handicap
is to be trained as an apprentice as defined in ORS { - 660.002
to 660.210 - } { + 660.010 + }, or in a trade or craft for
which training standards are established under ORS 660.002 to
660.210, the training { - shall be - } { + is + } subject to
the provisions of ORS 660.002 to 660.210, and shall be under the
jurisdiction of the State Apprenticeship { + and Training + }
Council in cooperation with the Department of Human Services.
(2) This section is not intended to limit any necessary
financial assistance to which or for which an individual with an
occupational handicap would otherwise be entitled under ORS
344.550.
{ + NOTE: + } Refines citation, updates syntax and corrects
title of state agency in (1).
SECTION 44. ORS 346.640 is amended to read:
346.640. As used in ORS 346.640 to 346.660:
{ - (1) 'Person who is deaf' means a person whose hearing
disability precludes successful processing of linguistic
information through audition with or without a hearing aid. - }
{ - (2) - } { + (1) + } 'Hearing ear dog' means a dog that
is on an orange leash and that is trained to assist a person who
is deaf.
{ - (3) - } { + (2) + } 'Hearing ear dog trainee' means a
dog undergoing training to assist a person who is deaf.
{ - (4) - } { + (3) + } 'Mode of transportation' means any
mode of public transportation operating within this state except
for { + a + } parlor, lounge { - , - } or club car of a common
carrier by railroad.
{ + (4) 'Person who is deaf' means a person whose hearing
disability precludes successful processing of linguistic
information through audition with or without a hearing aid. + }
(5) 'Public accommodation' means a place of public
accommodation as defined in ORS 659A.400.
{ + NOTE: + } Alphabetizes definitions and corrects syntax in
(3).
SECTION 45. ORS 352.390 is amended to read:
352.390. (1) The State Board of Higher Education shall cause to
have prepared and submitted to the Legislative Assembly a program
and time schedule for the establishment of regional services
institutes at appropriate state institutions of higher education.
The program shall include academic curriculum and practical
training appropriate to train students in various aspects of
economic and community services planning, with particular
emphasis on economic services planning for areas of the state
that have common geographic, economic and social characteristics
but { - which - } { + that + } do not have sufficient
population to qualify as { - standard - } metropolitan
statistical areas.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 34
(2) In carrying out its duties under subsection (1) of this
section, the board shall consult with the Economic and Community
Development Department and shall rely on the department for
technical advice and, as necessary, technical services. The board
shall also consult with community colleges, { + the + } Oregon
State University Extension Service, economic development
districts and special districts providing community and economic
development services in the region in order to prepare curriculum
and programs with particular emphasis { - to - } { + on + }
streamlining existing programs, avoiding duplication and overlap
of programs, better { - utilization of - } { + utilizing + }
students and resources { - , - } and { - identification
of - } { + identifying + } needs in the region { - which - }
{ + that + } are currently unaddressed.
(3) In preparing programs for establishing regional services
institutes, the board shall give priority to establishing
{ - such - } institutes at Eastern Oregon University and
Southern Oregon University. The board may also direct the hiring
of an institute director and other staff as may be from time to
time required.
{ + NOTE: + } Corrects syntax in (1), (2) and (3); conforms
census terminology in (1) to current federal usage.
SECTION 46. ORS 390.134 is amended to read:
390.134. (1) As used in this section:
(a) 'Camper' has the meaning given that term in ORS 801.180.
(b) 'County' includes a metropolitan service district organized
under ORS chapter 268, but only to the extent that the district
has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental
agreement.
(c) 'Motor home' has the meaning given that term in ORS
801.350.
(d) 'Travel trailer' has the meaning given that term in ORS
801.565.
(2) The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. Moneys
in the fund are continuously appropriated to the State Parks and
Recreation Department for the purposes provided by law. The fund
shall consist of the following:
(a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund must be credited to the fund.
(b) All registration fees received by the Department of
Transportation for campers, motor homes and travel trailers that
are transferred to the fund under ORS 366.512. The funds must be
deposited in a separate subaccount established under subsection
(3) of this section.
(c) Revenue from fees and charges pursuant to ORS 390.124.
(3) Any moneys placed in the fund for a particular purpose may
be placed in a separate subaccount within the fund. Each separate
subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the
purposes for which they are deposited.
(4) All of the moneys in the fund except those moneys described
in subsection (3), (5), (6) or (7) of this section must be
deposited in a separate subaccount within the fund and used by
the State Parks and Recreation Department for the acquisition,
development, maintenance, care and use of park and recreation
sites and for the maintenance and operation of the Oregon State
Fair. The moneys in the subaccount under this subsection must be
Enrolled House Bill 2284 (HB 2284-INTRO) Page 35
accounted for separately and stated separately in the State Parks
and Recreation Department's biennial budget.
(5) { + (a) + } Thirty-five percent of the amount transferred
to the State Parks and Recreation Department under ORS 366.512
from the registration of travel trailers, campers and motor homes
and under ORS 803.601 from recreational vehicle trip permits must
be deposited in a separate subaccount within the fund to be
distributed for the acquisition, development, maintenance, care
and use of county park and recreation sites. The moneys in the
subaccount under this { - subsection - } { + paragraph + }
must be accounted for separately. The following apply to the
distribution of moneys under this { - subsection - } { +
paragraph + }:
{ - (a) - } { + (A) + } The moneys must be distributed
among the several counties for the purposes described in this
{ - subsection - } { + paragraph + }. The distribution shall be
made at times determined by the State Parks and Recreation
Department but must be made not less than once a year.
{ - (b) - } { + (B) + } The sums designated under this
{ - subsection - } { + paragraph + } must be remitted to the
county treasurers of the several counties by warrant.
{ - (c) - } { + (b) + } The department shall establish an
advisory committee to advise the department in the performance of
its duties under this subsection. The composition of the advisory
committee under this subsection is as determined by the
department by rule. In determining the composition of the
advisory committee, the department shall attempt to provide
reasonable representation for county officials or employees with
responsibilities relating to county parks and recreation sites.
{ - (d) - } { + (c) + } The department, by rule, shall
establish a program to provide moneys to counties for the
acquisition, development, maintenance, care and use of county
park and recreation sites. The rules under this paragraph shall
provide for distribution of moneys based on use and need and, as
the department determines necessary, on the need for the
development and maintenance of facilities to provide camping
sites for campers, motor homes and travel trailers.
(6) The department shall create a separate City and County
Subaccount within the fund to be used to reimburse cities and
counties as provided in ORS 390.290.
(7) The department shall create a separate rural Fire
Protection District Subaccount to be used to provide funds for
the fire protection districts as provided in ORS 390.290.
(8) On or before January 15 of each odd-numbered year, the
State Parks and Recreation Director shall report to the Joint
{ - Legislative - } Committee on Ways and Means created by ORS
171.555 on the use of moneys deposited pursuant to ORS 805.256 in
the fund. The director shall make the report in a form and manner
as the committee may prescribe.
{ + NOTE: + } Corrects read-in woes in (5); aligns title of
committee in (8) to title in statute creating committee.
SECTION 47. ORS 390.134, as amended by section 2, chapter 792,
Oregon Laws 2007, is amended to read:
390.134. (1) As used in this section:
(a) 'Camper' has the meaning given that term in ORS 801.180.
(b) 'County' includes a metropolitan service district organized
under ORS chapter 268, but only to the extent that the district
has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental
agreement.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 36
(c) 'Motor home' has the meaning given that term in ORS
801.350.
(d) 'Travel trailer' has the meaning given that term in ORS
801.565.
(2) The State Parks and Recreation Department Fund is
established separate and distinct from the General Fund. Moneys
in the fund are continuously appropriated to the State Parks and
Recreation Department for the purposes provided by law. The fund
shall consist of the following:
(a) All moneys placed in the fund as provided by law. Any
interest or other income derived from the depositing or other
investing of the fund must be credited to the fund.
(b) All registration fees received by the Department of
Transportation for campers, motor homes and travel trailers that
are transferred to the fund under ORS 366.512. The funds must be
deposited in a separate subaccount established under subsection
(3) of this section.
(c) Revenue from fees and charges pursuant to ORS 390.124.
(3) Any moneys placed in the fund for a particular purpose may
be placed in a separate subaccount within the fund. Each separate
subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the
purposes for which they are deposited.
(4) All of the moneys in the fund except those moneys described
in subsection (3), (5), (6) or (7) of this section must be
deposited in a separate subaccount within the fund and used by
the State Parks and Recreation Department for the acquisition,
development, maintenance, care and use of park and recreation
sites and for the maintenance and operation of the Oregon State
Fair. The moneys in the subaccount under this subsection must be
accounted for separately and stated separately in the State Parks
and Recreation Department's biennial budget.
(5) { + (a) + } Thirty percent of the amount transferred to the
State Parks and Recreation Department under ORS 366.512 from the
registration of travel trailers, campers and motor homes and
under ORS 803.601 from recreational vehicle trip permits must be
deposited in a separate subaccount within the fund to be
distributed for the acquisition, development, maintenance, care
and use of county park and recreation sites. The moneys in the
subaccount under this { - subsection - } { + paragraph + }
must be accounted for separately. The following apply to the
distribution of moneys under this { - subsection - } { +
paragraph + }:
{ - (a) - } { + (A) + } The moneys must be distributed
among the several counties for the purposes described in this
{ - subsection - } { + paragraph + }. The distribution shall be
made at times determined by the State Parks and Recreation
Department but must be made not less than once a year.
{ - (b) - } { + (B) + } The sums designated under this
{ - subsection - } { + paragraph + } must be remitted to the
county treasurers of the several counties by warrant.
{ - (c) - } { + (b) + } The department shall establish an
advisory committee to advise the department in the performance of
its duties under this subsection. The composition of the advisory
committee under this subsection is as determined by the
department by rule. In determining the composition of the
advisory committee, the department shall attempt to provide
reasonable representation for county officials or employees with
responsibilities relating to county parks and recreation sites.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 37
{ - (d) - } { + (c) + } The department, by rule, shall
establish a program to provide moneys to counties for the
acquisition, development, maintenance, care and use of county
park and recreation sites. The rules under this paragraph shall
provide for distribution of moneys based on use and need and, as
the department determines necessary, on the need for the
development and maintenance of facilities to provide camping
sites for campers, motor homes and travel trailers.
(6) The department shall create a separate City and County
Subaccount within the fund to be used to reimburse cities and
counties as provided in ORS 390.290.
(7) The department shall create a separate rural Fire
Protection District Subaccount to be used to provide funds for
the fire protection districts as provided in ORS 390.290.
(8) On or before January 15 of each odd-numbered year, the
State Parks and Recreation Director shall report to the Joint
{ - Legislative - } Committee on Ways and Means created by ORS
171.555 on the use of moneys deposited pursuant to ORS 805.256 in
the fund. The director shall make the report in a form and manner
as the committee may prescribe.
{ + NOTE: + } Corrects read-in woes in (5); aligns title of
committee in (8) to title in statute creating committee.
SECTION 48. ORS 409.510 is amended to read:
409.510. { + (1) + } The Pain Management Commission shall:
{ - (1) - } { + (a) + } Develop a pain management education
program curriculum and update it biennially { + . + } { - ; - }
{ - (2) - } { + (b) + } Provide health professional
regulatory boards and other health boards, committees or task
forces with the curriculum { + . + } { - ; - }
{ - (3) - } { + (c) + } Work with health professional
regulatory boards and other health boards, committees or task
forces to develop approved pain management education programs as
required { + . + } { - ; and - }
{ - (4)(a) - } { + (d) + } Review the pain management
curricula of educational institutions in this state that provide
post-secondary education or training for persons required by ORS
409.560 to complete a pain management education program. The
commission shall make recommendations about legislation needed to
ensure that adequate information about pain management is
included in the curricula reviewed and shall report its findings
to the Legislative Assembly in the manner required by ORS 192.245
by January 1 of each odd-numbered year.
{ - (b) - } { + (2) + } As used in this
{ - subsection - } { + section + }, ' { - post-secondary - }
educational institution' has the meaning given that term in ORS
348.105.
{ + NOTE: + } Conforms format to legislative style; adjusts
punctuation; corrects definition to term used in text.
SECTION 49. Section 31, chapter 736, Oregon Laws 2003, as
amended by section 9, chapter 757, Oregon Laws 2005, and section
14, chapter 780, Oregon Laws 2007, is amended to read:
{ + Sec. 31. + } Sections 15 to 22 { + , + } { - and - }
24 { + and 29 + }, chapter 736, Oregon Laws 2003, are repealed
on January 2, 2015.
{ + NOTE: + } Sets forth additional section subject to sunset
provision by virtue of adding clause in section 21, chapter 780,
Oregon Laws 2007.
SECTION 50. { + (1) Section 62, chapter 736, Oregon Laws 2003,
as amended by section 15, chapter 757, Oregon Laws 2005, is
repealed.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 38
(2) Any moneys remaining in the PACE Quality Assurance Fund on
the effective date of this 2009 Act are transferred to the
General Fund. + }
{ + NOTE: + } Eliminates fund established for PACE program
repealed by section 30, chapter 780, Oregon Laws 2007.
SECTION 51. ORS 410.625 is amended to read:
410.625. (1) In carrying out its duties under ORS 410.600 to
410.625, the Home Care Commission may:
(a) Enter into an interagency agreement or a contract with any
state agency for the performance of the commission's duties or
the leasing of office space;
(b) Provide nonemployee compensation to home care workers or
prospective home care workers who attend training sessions
approved or sponsored by the commission;
(c) On behalf of an elderly person or a { - disabled - }
person { + with a disability + } who hires a home care worker
through the Home Care Commission registry, elect workers'
compensation coverage or arrange for health insurance coverage,
including group coverage, for the person's home care workers; and
(d) As prescribed by rule, charge fees to and collect fees from
persons who attend training sessions sponsored by the commission
and who currently are not home care workers.
(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 410.625.
{ + NOTE: + } Conforms terminology in (1)(c) with legislative
directive; see section 1, chapter 411, Oregon Laws 2005, and
chapter 70, Oregon Laws 2007.
SECTION 52. { + ORS 411.818 (3) is added to and made a part of
ORS 411.806 to 411.845. + }
{ + NOTE: + } Adds subsection to appropriate series.
SECTION 53. ORS 412.006 is amended to read:
412.006. (1) Aid pursuant to the temporary assistance for needy
families program shall be granted under this section to any
dependent child who is living in a home meeting the standards of
care and health fixed by the rules of the Department of Human
Services and who is a resident of the State of Oregon, if a
parent or caretaker relative with whom the child is living is a
resident of the State of Oregon.
(2) Except as provided in subsections (7) and (8) of this
section, a needy caretaker relative may be required to
participate in the job opportunity and basic skills program that
is described in subsections (3) to (6) of this section.
(3) The department shall use a basic assessment tool to
determine if a needy caretaker relative applying for or receiving
aid under this section has or may have a barrier to employment or
to family stability. If the basic assessment tool indicates that
there is or may be a barrier, the needy caretaker relative shall
be referred for an in-depth assessment by a person with relevant
expertise or specialized training.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 39
(4) Based upon the assessment described in subsection (3) of
this section, the department, in cooperation with appropriate
partner agencies or professionals, shall work with the
participant to create an effective individualized case plan that
establishes goals and identifies suitable activities that promote
family stability and financial independence.
(5) Suitable activities may include:
(a) Job readiness activities or employment;
(b) Vocational rehabilitation or training;
(c) Remedial, secondary or post-secondary education;
(d) Community service; or
(e) Other activities that reduce or eliminate barriers to full
participation in the program or to employment.
(6) For individuals with disabilities, the goal of the
individualized case plan must be to promote greater independence
and may include physical or mental health evaluation or
treatment.
(7) A needy caretaker relative receiving aid under ORS 412.001
to 412.069 { - and 418.647 - } may volunteer for but may not
be required to participate in the job opportunity and basic
skills program:
(a) More than 10 hours per week during the first two months of
the third trimester of the parent's pregnancy;
(b) During the last month of the parent's pregnancy;
(c) If the needy caretaker relative is experiencing medical
complications due to pregnancy that prohibit participation in
activities in the program;
(d) For one parent per family, during the first six months
after the birth of a child, up to a total of 12 months per family
except that:
(A) The department may require a parent to participate in
suitable activities, with a preference for educational
activities, 16 weeks after the birth of a child if the parent is
under 20 years of age; and
(B) The department may require a parent of a child under 12
months of age to participate in evidence-based parenting classes
or family stability activities; or
(e) If participation is likely to cause undue hardship or is
contrary to the best interests of the child or needy caretaker
relative.
(8) The department shall adopt rules to carry out the
provisions of this section.
{ + NOTE: + } Removes inappropriate reference to statute in
(7).
SECTION 54. ORS 412.014 is amended to read:
412.014. (1) There is created in the Department of Human
Services the State Family Pre-SSI/SSDI program. The department
shall provide aid under this section to families that are
eligible for temporary assistance for needy families under ORS
412.001 to 412.069 { - and 418.647 - } and that include a
needy caretaker relative who is unable to maintain substantial
gainful activity due to a disability or combination of
disabilities that meet the criteria of section 216 of the Social
Security Act.
(2) The department shall assist families receiving aid under
this section in qualifying for federal Supplemental Security
Income and Social Security disability benefits, including
obtaining necessary medical records and evaluations. The
department shall contract with nonprofit legal services
Enrolled House Bill 2284 (HB 2284-INTRO) Page 40
organizations, or lawyers lawfully admitted to the bar of any
state, to represent recipients in any administrative appeal.
(3) The department shall adopt rules for determining the amount
of aid granted under this section that is not less than the
combined total of 43 percent of the Supplemental Security Income
payment in effect at that time and the amount of aid the child
would receive under ORS 412.006 if the caretaker relative did not
receive aid.
(4) Participation in the State Family Pre-SSI/SSDI program
shall be voluntary. The department shall provide information to
potential participants in the State Family Pre-SSI/SSDI program
about the opportunities for employment while receiving
Supplemental Security Income benefits and about employment
resources available to State Family Pre-SSI/SSDI program
participants. The information must be in a format accessible to
the potential participant.
(5) Participants in the State Family Pre-SSI/SSDI program must
cooperate with the department in establishing eligibility for
Supplemental Security Income or Social Security disability
benefits. The department by rule may establish policies for
monitoring and encouraging full engagement in the State Family
Pre-SSI/SSDI program, including activities that promote family
stability. The department shall offer participants the
opportunity to participate in any suitable activity in the job
opportunity and basic skills program under ORS 412.009.
{ + NOTE: + } Removes inappropriate reference to statute in
(1).
SECTION 55. ORS 412.016 is amended to read:
412.016. (1) Subject to the limitation in ORS 412.017, a parent
who applies for or receives temporary assistance for needy
families under ORS 412.001 to 412.069 { - and 418.647 - }
{ + and + } who meets the criteria described in subsection (2)
of this section may enroll in and attend a two-year or four-year
program at an educational institution as an allowable work
activity for purposes of ORS 412.001 to 412.069 { - and
418.647 - } .
(2) To enroll in and attend an educational institution as an
allowable work activity, a parent must:
(a) Be accepted for full-time attendance into or be enrolled
full-time at an educational institution;
(b) Demonstrate that completion of the educational program is
likely to result in employment that provides the wages and
benefits necessary for the parent to support the parent's family
without temporary assistance for needy families; and
(c) Make satisfactory academic progress, as defined by the
educational institution, toward a degree or certificate.
(3) A parent who is enrolled at an educational institution
under this section shall receive temporary assistance for needy
families under ORS 412.001 to 412.069 { - and 418.647 - } as
well as be eligible for all other support services under the
temporary assistance for needy families program. Assistance under
this section does not include tuition and fees associated with
enrollment at an educational institution.
(4) The Department of Human Services shall inform all parents
applying for or participating in the temporary assistance for
needy families program of the option to enroll in an educational
institution and the requirements under subsection (2) of this
section.
(5) The department shall adopt rules to implement and
administer this section.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 41
(6) As used in this section, 'educational institution' has the
meaning given that term in ORS 348.105.
{ + NOTE: + } Removes inappropriate references to statute in
(1) and (3); corrects syntax in (1).
SECTION 56. ORS 412.079 is amended to read:
412.079. (1) Except as provided in subsections (2) and (3) of
this section, a needy caretaker relative may not receive aid
under ORS 412.006 for more than a total of 60 months.
(2) The Department of Human Services may not count toward the
60-month limit on receipt of aid described in subsection (1) of
this section any month in which a needy caretaker relative:
(a) Receives a grant of temporary assistance to needy families
under ORS 412.001 to 412.069 { - and 418.647 - } , or
assistance funded under Title IV-A of the Social Security Act in
this or another state, prior to July 1, 2003;
(b) Resides in an area described in 18 U.S.C. 1151, and 50
percent or more of the adult residents in the area are
unemployed;
(c) Is, in that month, a minor child and neither the head of
the household nor married to the head of the household;
(d) Receives aid under ORS 412.001 to 412.155 { - and
418.647 - } that is not funded with grants under Title IV-A of
the Social Security Act;
(e) Is enrolled at an educational institution under ORS
412.016;
(f) Is exempt from time limits pursuant to rules adopted by the
department in accordance with section 408(a)(7)(C) of the Social
Security Act; or
(g) Is unable to obtain or maintain employment for a sufficient
number of hours in a month to satisfy the federally required
participation rates because the needy caretaker relative:
(A) Is a victim of domestic violence as defined in ORS 411.117;
(B) Has a certified learning disability;
(C) Has a mental health condition or an alcohol or drug abuse
problem;
(D) Has a disability as defined by the department by rule in a
manner consistent with the definition of disability in the
Americans with Disabilities Act;
(E) Has a child with a disability;
(F) Is deprived of needed medical care; or
(G) Is subjected to battery or extreme cruelty as defined by
the department by rule.
(3) A needy caretaker relative may not be denied aid on the
basis of the 60-month limitation described in subsection (1) of
this section if the individual is experiencing a situation
described in subsection (2) of this section.
(4)(a) The Department of Human Services shall monitor the
average period of time a person receives aid and shall record
such information by family size. The department shall monitor the
wages and benefits received by an individual who becomes employed
while receiving aid, including medical and child care benefits.
The department shall monitor and record the rate at which persons
who cease receiving aid for employment subsequently apply for and
receive aid.
(b) The department shall report the results of the monitoring
required under paragraph (a) of this subsection to the
Legislative Assembly not later than the 15th day of each
legislative session.
{ + NOTE: + } Removes inappropriate references to statute in
(2)(a) and (d).
Enrolled House Bill 2284 (HB 2284-INTRO) Page 42
SECTION 57. ORS 414.660 is amended to read:
414.660. The Department of Human Services shall pursue
demonstration projects for medical service contracts in at least
the four { - standard - } metropolitan statistical areas in
this state and is authorized to seek the necessary federal
waivers in order to accomplish { - such - } { + the + }
contracts { + , + } including but not limited to:
(1) Limiting the scope of the system to selected geographic
areas;
(2) Allowing participating health plans to offer benefit
enhancements;
(3) Limiting the choice of eligible persons to those providers
affiliated with a participating health plan;
(4) Allowing primary care providers access to data concerning
clients' utilization of service from other providers; and
(5) Allowing the department the reimbursement flexibility
necessary to implement a prospective reimbursement system for
hospital care.
{ + NOTE: + } Updates syntax and conforms census terminology
to current federal usage in lead-in.
SECTION 58. ORS 416.810 is amended to read:
416.810. All sums of money recovered by or paid to the
Department of Human Services as reimbursement for funds granted
for public assistance shall be paid into the State Treasury and
credited to the Public Welfare Account and may be expended for
public assistance purposes in accordance with ORS 411.060 to
411.111 { - , 411.250 - } and 411.710 to 411.730. However, the
United States Government is entitled to a share of any amount
received as its interest may appear, which shall be promptly paid
to the United States Government.
{ + NOTE: + } Deletes reference to repealed statute.
SECTION 59. ORS 416.820 is amended to read:
416.820. The Department of Human Services may accept funds,
money or other valuable things from relatives, corporations or
interested persons or organizations for the care and support of
needy persons and may expend the same for the care and support of
the individual or individuals for whom the money was paid. Funds
accruing thereunder shall be deposited with the State Treasurer
in a special account and shall be disbursed in accordance with
ORS 411.060 to 411.111 { - , 411.250 - } and 411.710 to
411.730.
{ + NOTE: + } Deletes reference to repealed statute.
SECTION 60. ORS 417.345 is amended to read:
417.345. (1) The Medically Involved Home-Care Program is
created in the Department of Human Services. The department shall
provide all State Plan Medicaid and waivered services available
under state and federal law that are necessary to enable a
medically involved child to be cared for in the child's home. The
waivered services that must be available include but are not
limited to home nursing care, durable medical equipment and
respite care.
(2) The department { - of Human Services - } shall adopt by
rule criteria for determining the need for and extent of
assistance to be provided to a medically involved child enrolled
in the Medically Involved Home-Care Program created by subsection
(1) of this section. The criteria shall include, but are not
limited to, consideration of:
(a) The medical needs of the child;
(b) The needs of any other family member with a disability or
chronic illness in the child's home;
Enrolled House Bill 2284 (HB 2284-INTRO) Page 43
(c) Family and community support available to the child and
family caregivers; and
(d) The assistance necessary for the family to care for the
child in the child's home, disregarding parental or legal
guardian income.
(3) Subject to limits on enrollment required by state or
federal law, services offered through the Medically Involved
Home-Care Program shall be made available to children meeting the
criteria established by the department by rule. Priority for
enrollment shall be given to:
(a) A child transferring to the child's home from nursing home
placement, foster care placement or other out-of-home placement;
(b) A child living at home who is at risk of nursing home
placement, foster care placement or other out-of-home placement;
(c) A child who does not otherwise qualify for medical
assistance under ORS chapter 414 and for whom the department pays
family support payments pursuant to ORS 430.215 that exceed
$10,000 per year; and
(d) A child who is at risk of losing eligibility for medical
assistance under ORS chapter 414 due to a caregiver's employment
or an increase in a caregiver's earnings.
{ - (4) As used in this section, 'child' means a person under
18 years of age. - }
{ - (5) - } { + (4) + } The department { - of Human
Services - } shall enroll no fewer than 125 medically involved
children in the Medically Involved Home-Care Program beginning
January 1, 2008. The department shall enroll an additional 25
medically involved children each calendar year thereafter, to the
maximum number allowed by federal law or under the terms of the
federal approval.
{ - (6) - } { + (5) + } Moneys appropriated to the
department for the Medically Involved Home-Care Program may not
be used to supplant moneys appropriated to the department for the
Children's Intensive In-Home Services program.
{ + (6) As used in this section, 'child' means a person under
18 years of age. + }
{ + NOTE: + } Conforms terminology to legislative style in
(2) and (4); restructures section to conform with legislative
style.
SECTION 61. ORS 427.205 is amended to read:
427.205. (1) The Director of Human Services shall appoint a
State Training Center Review Board composed of three members. The
{ - Oregon Association for Retarded Citizens - } { + Arc of
Oregon + }, the Fairview Parents Association and the Oregon
{ + Council on + } Developmental Disabilities { - Council - }
or their successor organizations may each recommend three persons
to the director. The director may select one person from each
list to serve as a member of the board. Each board member shall
have had at least five years of involvement and active interest
in programs for persons with mental retardation. A board member
may not be an employee of the Department of Human Services.
(2) The term of office of each member is two years. The
director may remove any member for misconduct or neglect of duty.
Replacement of board members shall be accomplished by the same
procedure as that used in subsection (1) of this section for
selection. The director shall request a new list of three persons
from the organization whose nominee for board member is to be
replaced.
(3) A member of the board not otherwise employed full-time by
the state shall be paid on a per diem basis an amount equal to
Enrolled House Bill 2284 (HB 2284-INTRO) Page 44
four percent of the gross monthly salary of a member of the State
Board of Parole and Post-Prison Supervision for each day during
which the member is engaged in the performance of official
duties, including necessary travel time. In addition, subject to
ORS 292.220 to 292.250 regulating travel and other expenses of
state officers and employees, the member shall be reimbursed for
actual and necessary travel and other expenses incurred by the
member in the performance of official duties.
(4) The board shall perform the following duties:
(a) Review decisions of the Developmental Disability Diagnosis
and Evaluation Service regarding admissions to training centers
that have been appealed by the applicant or, if a minor or
incapacitated person, by the person applying on the behalf of the
minor or incapacitated person and advise the director regarding
the appropriateness for the admission.
(b) Review decisions of the department pursuant to ORS 427.300
(2) when the resident, parent of the resident, guardian or person
entitled to custody has appealed the decision and advised the
director regarding the appropriateness of the decision.
(c) Annually review state training center plans for continuing
residential care and training of residents pursuant to ORS
427.020.
(5) The board shall operate pursuant to rules adopted by the
department.
{ + NOTE: + } Updates names of association and council in
(1).
SECTION 62. { + ORS 455.044, 455.046 and 455.048 are added to
and made a part of ORS chapter 455. + }
{ + NOTE: + } Adds statutes to appropriate chapter.
SECTION 63. ORS 456.270 is amended to read:
456.270. As used in ORS 456.270 to 456.295:
(1) 'Affordable housing covenant' means a nonpossessory
interest in real property imposing limitations, restrictions or
affirmative obligations that encourage development or that ensure
continued availability of affordable rental and owner-occupied
housing for low or moderate income individuals.
(2) 'Area median income' means the median income for the
{ - standard - } metropolitan statistical area in which the
affordable housing is located, as determined by the Housing and
Community Services Department, adjusted for household size.
(3) 'Eligible covenant holder' means:
(a) A public body, as defined in ORS 174.109;
(b) An agency of the United States government;
(c) A public benefit corporation or religious corporation, as
those terms are defined in ORS 65.001, one purpose of which is to
provide affordable housing for low or moderate income households;
(d) A consumer housing cooperative, as defined in ORS 456.548;
(e) A manufactured dwelling park nonprofit cooperative
corporation; or
(f) A federally recognized Indian tribe.
(4) 'Low income household' means a household with income less
than or equal to 80 percent of the area median income.
(5) 'Moderate income household' means a household with income
less than or equal to 120 percent and greater than 80 percent of
the area median income.
(6) 'Subsidy' includes, but is not limited to:
(a) A grant, loan or contract made by a federal agency, a
federally recognized Indian tribe or a public body, as defined in
ORS 174.109;
Enrolled House Bill 2284 (HB 2284-INTRO) Page 45
(b) A grant, loan or contract made by a nonprofit corporation
or a limited liability company the sole member of which is a
nonprofit corporation;
(c) A subsidized loan from a lending institution that makes
loans for residential housing; or
(d) A subsidized private transaction.
(7) 'Third-party right of enforcement' means a right provided
in an affordable housing covenant to a third party to enforce the
terms of the covenant.
{ + NOTE: + } Conforms census terminology in (2) to current
federal usage.
SECTION 64. ORS 458.310 is amended to read:
458.310. (1) The State Housing Council shall adopt rules to
develop and administer a housing revitalization program for low
and moderate income housing.
{ - (a) - } { + (2) + } Applicants for revitalization
program funds shall be:
{ - (A) - } { + (a) + } A unit of local government;
{ - (B) - } { + (b) + } A housing authority;
{ - (C) - } { + (c) + } A nonprofit corporation; or
{ - (D) - } { + (d) + } An applicant eligible under
{ - subparagraph (A), (B) or (C) of this paragraph, - } { +
paragraph (a), (b) or (c) of this subsection + } who contracts
with another entity, including a private for-profit corporation.
{ - (b) - } { + (3) + } Housing revitalization projects
shall bring into use vacant and abandoned property or
rehabilitate substandard property, or both. Eligible project
activities include, but are not limited to:
{ - (A) - } { + (a) + } Purchase of property;
{ - (B) - } { + (b) + } Rehabilitation of housing units;
{ - (C) - } { + (c) + } New construction to replace units
for which rehabilitation is infeasible;
{ - (D) - } { + (d) + } Mortgage interest subsidies or
reduction of principal loan amounts; or
{ - (E) - } { + (e) + } Other activities that have the
effect of making properties available to and occupied by persons
of lower income, such as loan guarantees.
{ - (c) - } { + (4) + } Projects funded by the housing
revitalization program shall be rental or owner-occupied single
or multifamily housing.
{ - (d) - } { + (5) + } The housing rehabilitation program
shall create affordable housing in which rent levels are no
higher than 30 percent of 80 percent of median income levels.
{ - (2) - } { + (6) + } Priority shall be given to projects
applied for under { - subsection (1) - } { + subsections (1)
to (5) + } of this section that provide opportunities for low and
moderate income persons to own their housing units.
{ - (3) - } { + (7) + } Priority among rental housing
projects shall be given to projects applied for under
{ - subsection (1) - } { + subsections (1) to (5) + } of this
section that:
(a) Have rent levels no higher than 30 percent of 50 percent of
the median income level, or less;
(b) Are owned and operated by a nonprofit or a governmental
unit; and
(c) Demonstrate a coordinated local effort to integrate
housing, job placement and social services.
{ - (4) - } { + (8) + } In implementing this section and
ORS 458.305, the State Housing Council shall work to
{ - assure - } { + ensure + } a reasonable geographic
Enrolled House Bill 2284 (HB 2284-INTRO) Page 46
distribution of funds among different regions of the state and
shall place special emphasis on { - assuring - } { +
ensuring + } that funds are available to projects in rural areas.
{ + NOTE: + } Reformats section to conform to legislative
style; updates internal references; corrects punctuation in
(2)(d); improves word choice in (8).
SECTION 65. ORS 468.501 is amended to read:
468.501. As used in ORS 468.501 to 468.521:
(1) 'Agency' means either the Department of Environmental
Quality or the Lane Regional Air { - Pollution Authority - }
{ + Protection Agency + } created pursuant to ORS 468A.010 to
468A.180, or both, as the context requires.
(2) 'Commission' means the Environmental Quality Commission.
(3) 'Environmental laws' means ORS 454.605 to 454.755, 459.005
to 459.153, 459.705 to 459.790, 459.992, 459.995, 465.003 to
465.034 and 466.005 to 466.385 and ORS chapters 468, 468A and
468B and rules adopted thereunder. 'Environmental laws' does not
include any provision of Oregon Revised Statutes or of any
municipal ordinance or enactment that regulates the selection of
a location for a new facility.
(4) 'Facility' means any site or contiguous sites, any
manufacturing operation or contiguous operations, or any business
or municipal activity regulated under any provision of the
environmental laws.
(5) 'Green Permit' means a permit that provides administrative
benefits or reduces regulatory requirements to facilities that
meet criteria established by the Environmental Quality
Commission.
(6) 'Sponsor' means a person, group or association that submits
a proposal under the Green Permit program.
{ + NOTE: + } Corrects name of agency in (1).
SECTION 66. ORS 468.521 is amended to read:
468.521. The agency shall recover the full cost of the agency
in developing, negotiating and publicizing a Green Permit in the
following manner:
(1) The sponsor shall fully reimburse the agency for the
agency's full direct, indirect and all associated costs of
conducting the review, negotiating the relevant permit revisions,
responding to public comment, monitoring the provisions in the
Green Permit and environmental outcomes resulting from the Green
Permit and publicizing and conducting the public hearings.
(2) The agency shall appropriately document the full direct,
indirect and all associated costs of the agency and collect
payment for such costs from the sponsor. The agency shall collect
a deposit from the sponsor, against which the agency shall bill
until the deposit is depleted. When the deposit is depleted, the
agency shall collect an additional deposit. The initial deposit
shall accompany the sponsor's initial Green Permit proposal and
shall be in an amount not to exceed $25,000. The agency shall
deliver to the sponsor an accounting of all charges and the
amount of the deposit remaining at the closure of each month's
accounting records.
(3) All moneys collected by the Department of Environmental
Quality pursuant to this section shall be deposited into the
General Fund of the State Treasury to an account of the
Department of Environmental Quality. { - Such - } { + The + }
moneys are continuously appropriated to the Department of
Environmental Quality for the payment of expenses of the
Department of Environmental Quality in carrying out the
provisions of ORS 468.501 to 468.521. The Director of the
Enrolled House Bill 2284 (HB 2284-INTRO) Page 47
Department of Environmental Quality shall keep a record of all
moneys deposited into the State Treasury pursuant to this section
and shall indicate by special cumulative accounts the source from
which moneys are derived and the individual activity against
which each withdrawal is charged. The fees collected under this
section by the Lane Regional Air { - Pollution Authority - }
{ + Protection Agency + } shall be retained by and shall be
income to the regional { - authority - } { + agency + }.
{ - Such - } { + The + } fees shall be accounted for and
expended in the same manner as are the funds collected by the
Department of Environmental Quality under this section.
{ + NOTE: + } Updates word choice and corrects name of agency
in (3).
SECTION 67. ORS 469.421 is amended to read:
469.421. (1) Subject to the provisions of ORS 469.441, any
person submitting a notice of intent, a request for exemption
under ORS 469.320, a request for an expedited review under ORS
469.370, a request for an expedited review under ORS 469.373, a
request for the State Department of Energy to approve a pipeline
under ORS 469.405 (3), an application for a site certificate or a
request to amend a site certificate shall pay all expenses
incurred by the Energy Facility Siting Council, the State
Department of Energy and the Oregon Department of Administrative
Services related to the review and decision of the council. These
expenses may include legal expenses, expenses incurred in
processing and evaluating the application, issuing a final order
or site certificate, commissioning an independent study by a
contractor, state agency or local government under ORS 469.360,
and changes to the rules of the council that are specifically
required and related to the particular site certificate.
(2) Every person submitting a notice of intent to file for a
site certificate, a request for exemption or a request for
expedited review shall submit the fee required under the fee
schedule established under ORS 469.441 to the State Department of
Energy when the notice or request is submitted to the council. To
the extent possible, the full cost of the evaluation shall be
paid from the fee paid under this subsection. However, if costs
of the evaluation exceed the fee, the person submitting the
notice or request shall pay any excess costs shown in an itemized
statement prepared by the council. In no event shall the council
incur evaluation expenses in excess of 110 percent of the fee
initially paid unless the council provides prior notification to
the applicant and a detailed projected budget the council
believes necessary to complete the project. If costs are less
than the fee paid, the excess shall be refunded to the person
submitting the notice or request.
(3) Before submitting a site certificate application, the
applicant shall request from the State Department of Energy an
estimate of the costs expected to be incurred in processing the
application. The department shall inform the applicant of that
amount and require the applicant to make periodic payments of
{ - such - } { + the + } costs pursuant to a cost
reimbursement agreement. The cost reimbursement agreement shall
provide for payment of 25 percent of the estimated costs when the
applicant submits the application. If costs of the evaluation
exceed the estimate, the applicant shall pay any excess costs
shown in an itemized statement prepared by the council. In no
event shall the council incur evaluation expenses in excess of
110 percent of the fee initially estimated unless the council
provided prior notification to the applicant and a detailed
Enrolled House Bill 2284 (HB 2284-INTRO) Page 48
projected budget the council believes is necessary to complete
the project. If costs are less than the fee paid, the council
shall refund the excess to the applicant.
(4) Any person who is delinquent in the payment of fees under
subsections (1) to (3) of this section shall be subject to the
provisions of subsection (11) of this section.
(5) Subject to the provisions of ORS 469.441, each holder of a
certificate shall pay an annual fee, due every July 1 following
issuance of a site certificate. For each fiscal year, upon
approval of the State Department of Energy's budget authorization
by a regular session of the Legislative Assembly or as revised by
the Emergency Board, the Director of the State Department of
Energy promptly shall enter an order establishing an annual fee
based on the amount of revenues that the director estimates is
needed to fund the cost of ensuring that the facility is being
operated consistently with the terms and conditions of the site
certificate, any order issued by the department under ORS 469.405
(3) and any applicable health or safety standards. In determining
this cost, the director shall include both the actual direct cost
to be incurred by the council, the State Department of Energy and
the Oregon Department of Administrative Services to ensure that
the facility is being operated consistently with the terms and
conditions of the site certificate, any order issued by the State
Department of Energy under ORS 469.405 (3) and any applicable
health or safety standards, and the general costs to be incurred
by the council, the State Department of Energy and the Oregon
Department of Administrative Services to ensure that all
certificated facilities are being operated consistently with the
terms and conditions of the site certificates, any orders issued
by the State Department of Energy under ORS 469.405 (3) and any
applicable health or safety standards that cannot be allocated to
an individual, licensed facility. Not more than 35 percent of the
annual fee charged each facility shall be for the recovery of
these general costs. The fees for direct costs shall reflect the
size and complexity of the facility and its certificate
conditions.
(6) Each holder of a site certificate executed after July 1 of
any fiscal year shall pay a fee for the remaining portion of the
year. The amount of the fee shall be set at the cost of
regulating the facility during the remaining portion of the year
determined in the same manner as the annual fee.
(7) When the actual costs of regulation incurred by the
council, the State Department of Energy and the Oregon Department
of Administrative Services for the year, including that portion
of the general regulation costs that have been allocated to a
particular facility, are less than the annual fees for that
facility, the unexpended balance shall be refunded to the site
certificate holder. When the actual regulation costs incurred by
the council, the State Department of Energy and the Oregon
Department of Administrative Services for the year, including
that portion of the general regulation costs that have been
allocated to a particular facility, are projected to exceed the
annual fee for that facility, the Director of the State
Department of Energy may issue an order revising the annual fee.
(8) In addition to any other fees required by law, each energy
resource supplier shall pay to the State Department of Energy
annually its share of an assessment to fund the activities of the
Energy Facility Siting Council, the Oregon Department of
Administrative Services and the State Department of Energy,
Enrolled House Bill 2284 (HB 2284-INTRO) Page 49
determined by the Director of the State Department of Energy in
the following manner:
(a) Upon approval of the budget authorization of the Energy
Facility Siting Council, the Oregon Department of Administrative
Services and the State Department of Energy by a regular session
of the Legislative Assembly, the Director of the State Department
of Energy shall promptly enter an order establishing the amount
of revenues required to be derived from an assessment pursuant to
this subsection in order to fund the activities of the Energy
Facility Siting Council, the Oregon Department of Administrative
Services and the State Department of Energy, including those
enumerated in ORS 469.030 and others authorized by law, for the
first fiscal year of the forthcoming biennium. On or before June
1 of each even-numbered year, the Director of the State
Department of Energy shall enter an order establishing the amount
of revenues required to be derived from an assessment pursuant to
this subsection in order to fund the activities of the Energy
Facility Siting Council, the Oregon Department of Administrative
Services and the State Department of Energy, including those
enumerated in ORS 469.030 and others authorized by law, for the
second fiscal year of the biennium { - which - } { + . The + }
order shall take into account any revisions to the biennial
budget of the Energy Facility Siting Council, the State
Department of Energy and the Oregon Department of Administrative
Services made by the Emergency Board or by a special session of
the Legislative Assembly subsequent to the most recently
concluded regular session of the Legislative Assembly.
(b) Each order issued by the director pursuant to paragraph (a)
of this subsection shall allocate the aggregate assessment set
forth therein to energy resource suppliers in accordance with
paragraph (c) of this subsection.
(c) The amount assessed to an energy resource supplier shall be
based on the ratio which that supplier's annual gross operating
revenue derived within this state in the preceding calendar year
bears to the total gross operating revenue derived within this
state during that year by all energy resource suppliers. The
assessment against an energy resource supplier shall not exceed
five-tenths of one percent of the supplier's gross operating
revenue derived within this state in the preceding calendar year.
The director shall exempt from payment of an assessment any
individual energy resource supplier whose calculated share of the
annual assessment is less than $250.
(d) The director shall send each energy resource supplier
subject to assessment pursuant to this subsection a copy of each
order issued, by registered or certified mail. The amount
assessed to the energy resource supplier pursuant to the order
shall be considered to the extent otherwise permitted by law a
government-imposed cost and recoverable by the energy resource
supplier as a cost included within the price of the service or
product supplied.
(e) The amounts assessed to individual energy resource
suppliers pursuant to paragraph (c) of this subsection shall be
paid to the State Department of Energy as follows:
(A) Amounts assessed for the first fiscal year of a biennium
shall be paid not later than 90 days following the close of the
regular session of the Legislative Assembly; and
(B) Amounts assessed for the second fiscal year of a biennium
shall be paid not later than July 1 of each even-numbered year.
(f) An energy resource supplier shall provide the director, on
or before May 1 of each year, a verified statement showing its
Enrolled House Bill 2284 (HB 2284-INTRO) Page 50
gross operating revenues derived within the state for the
preceding calendar year. The statement shall be in the form
prescribed by the director and is subject to audit by the
director. The statement shall include an entry showing the total
operating revenue derived by petroleum suppliers from fuels sold
that are subject to the requirements of section { - 3 - } { +
3a + }, Article IX of the Oregon Constitution, { + and + } ORS
319.020 with reference to aircraft fuel and motor vehicle fuel,
and ORS 319.530. The director may grant an extension of not more
than 15 days for the requirements of this subsection if:
(A) The energy supplier makes a showing of hardship caused by
the deadline;
(B) The energy supplier provides reasonable assurance that the
energy supplier can comply with the revised deadline; and
(C) The extension of time does not prevent the Energy Facility
Siting Council, the Oregon Department of Administrative Services
or the State Department of Energy from fulfilling their statutory
responsibilities.
(g) As used in this section:
(A) 'Energy resource supplier' means an electric utility,
natural gas utility or petroleum supplier supplying electricity,
natural gas or petroleum products in Oregon.
(B) 'Gross operating revenue' means gross receipts from sales
or service made or provided within this state during the regular
course of the energy supplier's business, but does not include
either revenue derived from interutility sales within the state
or revenue received by a petroleum supplier from the sale of
fuels that are subject to the requirements of section { - 3 - }
{ + 3a + }, Article IX of the Oregon Constitution, { + or + }
ORS 319.020 or 319.530.
(C) 'Petroleum supplier' has the meaning given that term in ORS
469.020.
(h) In determining the amount of revenues that must be derived
from any class of energy resource suppliers by assessment
pursuant to this subsection, the director shall take into account
all other known or readily ascertainable sources of revenue to
the Energy Facility Siting Council, the Oregon Department of
Administrative Services and the State Department of Energy,
including, but not limited to, fees imposed under this section
and federal funds, and may take into account any funds previously
assessed pursuant to ORS 469.420 (1979 Replacement Part) or
section 7, chapter 792, Oregon Laws 1981.
(i) Orders issued by the director pursuant to this section
shall be subject to judicial review under ORS 183.484. The taking
of judicial review shall not operate to stay the obligation of an
energy resource supplier to pay amounts assessed to it on or
before the statutory deadline.
(9)(a) In addition to any other fees required by law, each
operator of a nuclear fueled thermal power plant or nuclear
installation within this state shall pay to the State Department
of Energy annually on July 1, an assessment in an amount
determined by the director to be necessary to fund the activities
of the state and the counties associated with emergency
preparedness for a nuclear fueled thermal power plant or nuclear
installation. The assessment shall not exceed $461,250 per year.
Moneys collected as assessments under this subsection are
continuously appropriated to the State Department of Energy for
this purpose.
(b) The State Department of Energy shall maintain and shall
cause other state agencies and counties to maintain time and
Enrolled House Bill 2284 (HB 2284-INTRO) Page 51
billing records for the expenditure of any fees collected from an
operator of a nuclear fueled thermal power plant under paragraph
(a) of this subsection.
(10) Reactors operated by a college, university or graduate
center for research purposes and electric utilities not connected
to the Northwest Power Grid are exempt from the fee requirements
of subsections (5), (8) and (9) of this section.
(11)(a) All fees assessed by the director against holders of
site certificates for facilities that have an installed capacity
of 500 megawatts or greater may be paid in several installments,
the schedule for which shall be negotiated between the director
and the site certificate holder.
(b) Energy resource suppliers or applicants or holders of a
site certificate who fail to pay a fee provided under subsections
(1) to (9) of this section or the fees required under ORS 469.360
after it is due and payable shall pay, in addition to that fee, a
penalty of two percent of the fee a month for the period that the
fee is past due. Any payment made according to the terms of a
schedule negotiated under paragraph (a) of this subsection shall
not be considered past due. The director may bring an action to
collect an unpaid fee or penalty in the name of the State of
Oregon in a court of competent jurisdiction. The court may award
reasonable attorney fees to the director if the director prevails
in an action under this subsection. The court may award
reasonable attorney fees to a defendant who prevails in an action
under this subsection if the court determines that the director
had no objectively reasonable basis for asserting the claim or no
reasonable basis for appealing an adverse decision of the trial
court.
{ + NOTE: + } Updates word choice in (3); truncates run-on
sentence in (8)(a); corrects citation and citation style in
(8)(f) and (g)(B).
SECTION 68. ORS 469.681 is amended to read:
469.681. (1) Each petroleum supplier shall pay to the State
Department of Energy annually its share of an assessment to fund:
(a) Information, assistance and technical advice required of
fuel oil dealers under ORS 469.675 for which the Director of the
State Department of Energy contracts under ORS 469.677; and
(b) Cash payments to a dwelling owner or contractor for energy
conservation measures.
(2) The amount of the assessment required by subsection (1) of
this section shall be determined by the director in a manner
consistent with the method prescribed in ORS 469.421. The
aggregate amount of the assessment shall not exceed $400,000. In
making this assessment, the director shall exclude all gallons of
distillate fuel oil sold by petroleum suppliers that are subject
to the requirements of section { - 3 - } { + 3a + }, Article
IX of the Oregon Constitution, or ORS 319.020 or 319.530.
(3) If any petroleum supplier fails to pay any amount assessed
to it under this section within 30 days after the payment is due,
the Attorney General, on behalf of the State Department of
Energy, may institute a proceeding in the circuit court to
collect the amount due.
(4) Interest on delinquent assessments shall be added to and
paid at the rate of one and one-half percent of the payment due
per month or fraction of a month from the date the payment was
due to the date of payment.
(5) The assessment required by subsection (1) of this section
is in addition to any assessment required by ORS 469.421 (8), and
any other fee or assessment required by law.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 52
(6) As used in this section, 'petroleum supplier' means a
petroleum refiner in this state or any person engaged in the
wholesale distribution of distillate fuel oil in the State of
Oregon.
{ + NOTE: + } Corrects citation in (2).
SECTION 69. ORS 469.805 is amended to read:
469.805. (1) The Governor, subject to Senate confirmation
pursuant to section 4, Article III of the Oregon Constitution,
shall appoint two persons to serve as members of the Pacific
Northwest Electric Power and Conservation Planning Council for
terms of three years.
(2) In making the appointments under subsection (1) of this
section, the Governor shall consider but is not limited to:
(a) Prior experience, training and education as related to the
duties and functions of the council and the priorities contained
in section 4 of Public Law 96-501.
(b) General knowledge of the concerns, conditions and problems
of the physical, social and economic environment of the State of
Oregon.
(c) The need for diversity of experience and education related
to the functions and duties of the council and priorities of
Public Law 96-501.
(3) Of the persons appointed under subsection (1) of this
section, not more than one member of the Oregon delegation to the
council shall reside within the boundary of an area that includes
the First and Third Congressional Districts as described in ORS
188.135 and the Portland, Oregon, { - Standard - }
Metropolitan Statistical Area.
{ + NOTE: + } Conforms census terminology in (3) to current
federal usage.
SECTION 70. ORS 475.902 is amended to read:
475.902. (1) The Oregon Criminal Justice Commission shall
classify causing another person to ingest a controlled substance
as a person felony and crime category 8 of the sentencing
guidelines grid of the commission.
(2) The Oregon Criminal Justice Commission shall classify
causing another person to ingest a controlled substance with the
intent of committing or facilitating a crime of violence against
the other person as a person felony and crime category 9 of the
sentencing guidelines grid of the commission.
(3) The Oregon Criminal Justice Commission shall amend its
rules and appendices to prohibit persons convicted of
manufacturing substantial quantities of methamphetamine, its
salts, isomers or salts of its isomers from being eligible for an
optional probation sentence.
(4) As used in { - subsections (3) and (4) - } { +
subsection (3) + } of this section, 'substantial quantities'
means that quantity of methamphetamine, its salts, isomers or
salts of its isomers described in ORS 475.900 (1)(a).
{ + NOTE: + } Corrects internal reference in (4).
SECTION 71. ORS 507.040 is amended to read:
507.040. A compact, in form as in this section fully set forth,
shall be in effect when one or both of the States of California
and Washington become parties thereto, and the consent of
Congress has been granted as required by section 10, Article I,
of the Constitution of the United States.
_________________________________________________________________
The contracting states do hereby agree as follows:
ARTICLE I
Enrolled House Bill 2284 (HB 2284-INTRO) Page 53
The purposes of this compact are and shall be to promote the
better utilization of fisheries, marine, shell and anadromous,
which are of mutual concern, and to develop a joint program of
protection and prevention of physical waste of such fisheries in
all of those areas of the Pacific Ocean and adjacent waters over
which the compacting states jointly or separately now have or may
hereafter acquire jurisdiction.
Nothing herein contained shall be construed so as to authorize
the compacting states or any of them to limit the production of
fish or fish products for the purpose of establishing or fixing
the prices thereof or creating and perpetuating a monopoly.
ARTICLE II
This agreement shall become operative immediately as to those
states executing it in the form that is in accordance with the
laws of the executing states and the Congress has given its
consent.
ARTICLE III
Each state joining herein shall appoint, as determined by state
statutes, one or more representatives to a commission hereby
constituted and designated as the Pacific { + States + } Marine
Fisheries Commission, of whom one shall be the administrative or
other officer of the agency of such state charged with the
conservation of the fisheries resources to which this compact
pertains. This commission shall be invested with the powers and
duties set forth herein.
The term of each commissioner of the Pacific { + States + }
Marine Fisheries Commission shall be four years. A commissioner
shall hold office until a successor shall be appointed and
qualified but such successor's term shall expire four years from
legal date of expiration of the term of the predecessor.
Vacancies occurring in the office of such commissioner from any
reason or cause shall be filled for the unexpired term, or a
commissioner may be removed from office, as provided by the
statutes of the state concerned. Each commissioner may delegate
in writing from time to time, to a deputy, the power to be
present and participate, including voting as the representative
or substitute, at any meeting of or hearing by or other
proceeding of the commission.
Voting powers under this compact shall be limited to one vote
for each state regardless of the number of representatives.
ARTICLE IV
The duty of the said commission shall be to make inquiry and
ascertain from time to time such methods, practices,
circumstances and conditions as may be disclosed for bringing
about the conservation and the prevention of the depletion and
physical waste of the fisheries, marine, shell, and anadromous,
in all of those areas of the Pacific Ocean over which the states
signatory to this compact jointly or separately now have or may
hereafter acquire jurisdiction. The commission shall have power
to recommend the coordination of the exercise of the police
powers of the several states within their respective
jurisdictions and said conservation zones to promote the
preservation of those fisheries and their protection against
over-fishing, waste, depletion or any abuse whatsoever and to
assure a continuing yield from the fisheries resources of the
signatory parties hereto.
To that end the commission shall draft and, after consultation
with the advisory committee hereinafter authorized, recommend to
the Governors and legislative branches of the various signatory
states hereto legislation dealing with the conservation of the
Enrolled House Bill 2284 (HB 2284-INTRO) Page 54
marine, shell, and anadromous fisheries in all of those areas of
the Pacific Ocean over which the signatory states jointly or
separately now have or may hereafter acquire jurisdiction. The
commission shall, more than one month prior to any regular
meeting of the legislative branch in any state signatory hereto,
present to the Governor of such state its recommendations
relating to enactments by the legislative branch of that state in
furthering the intents and purposes of this compact.
The commission shall consult with and advise the pertinent
administrative agencies in the signatory states with regard to
problems connected with the fisheries and recommend the adoption
of such regulations as it deems advisable and which lie within
the jurisdiction of such agencies.
The commission shall have power to recommend to the states
signatory hereto the stocking of the waters of such states with
marine, shell or anadromous fish and fish eggs or joint stocking
by some or all of such states and when two or more of the said
states shall jointly stock waters the commission shall act as the
coordinating agency for such stocking.
ARTICLE V
The commission shall elect from its number a chairman and a
vice chairman and shall appoint and at its pleasure remove or
discharge such officers and employees as may be required to carry
the provisions of this compact into effect and shall fix and
determine their duties, qualifications and compensation. Said
commission shall adopt rules and regulations for the conduct of
its business. It may establish and maintain one or more offices
for the transaction of its business and may meet at any time or
place within the territorial limits of the signatory states but
must meet at least once a year.
ARTICLE VI
No action shall be taken by the commission except by the
affirmative vote of a majority of the whole number of compacting
states represented at any meeting. No recommendation shall be
made by the commission in regard to any species of fish except by
the vote of a majority of the compacting states which have an
interest in such species.
ARTICLE VII
The fisheries research agencies of the signatory states shall
act in collaboration as the official research agency of the
Pacific { + States + } Marine Fisheries Commission.
An advisory committee to be representative of the commercial
fishermen, commercial fishing industry and such other interests
of each state as the commission deems advisable shall be
established by the commission as soon as practicable for the
purpose of advising the commission upon such recommendations as
it may desire to make.
ARTICLE VIII
Nothing in this compact shall be construed to limit the powers
of any state or to repeal or prevent the enactment of any
legislation or the enforcement of any requirement by any state
imposing additional conditions and restrictions to conserve its
fisheries.
ARTICLE IX
Continued absence of representation or of any representative on
the commission from any state party hereto, shall be brought to
the attention of the Governor thereof.
ARTICLE X
The States agree to make available annual funds for the support
of the Commission on the following basis:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 55
Eighty percent (80%) of the annual budget shall be shared
equally by those member States having as a boundary the Pacific
Ocean; and five percent (5%) of the annual budget shall be
contributed by each other member State; the balance of the annual
budget shall be shared by those member States, having as a
boundary the Pacific Ocean, in proportion to the primary market
value of the products of their commercial fisheries on the basis
of the latest five-year catch records.
The annual contribution of each member State shall be figured
to the nearest one hundred dollars.
This amended article shall become effective upon its enactment
by the States of Alaska, California, Idaho, Oregon and Washington
and upon ratification by Congress by virtue of the authority
vested in it under Article I, section 10, of the Constitution of
the United States.
ARTICLE XI
This compact shall continue in force and remain binding upon
each state until renounced by it. Renunciation of this compact
must be preceded by sending six months' notice in writing of
intention to withdraw from the compact to the other parties
hereto.
ARTICLE XII
The States of Alaska or Hawaii, or any state having rivers or
streams tributary to the Pacific Ocean may become a contracting
state by enactment of the Pacific Marine Fisheries Compact. Upon
admission of any new state to the compact, the purposes of the
compact and the duties of the commission shall extend to the
development of joint programs for the conservation, protection
and prevention of physical waste of fisheries in which the
contracting states are mutually concerned and to all waters of
the newly admitted state necessary to develop such programs.
This article shall become effective upon its enactment by the
States of California, Oregon and Washington and upon ratification
by Congress by virtue of the authority vested in it under Article
I, section 10, of the Constitution of the United States.
_________________________________________________________________
{ + NOTE: + } Updates name of commission in Articles III and
VII.
SECTION 72. 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 representatives of the
State of Oregon on the Pacific { + States + } 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 Fisheries Legislative Task Force. The legislative
member shall serve for a term of four years. The Speaker of the
House of Representatives and the President of the Senate shall
alternate in making the appointment of the legislative member.
{ + NOTE: + } Updates name of commission.
SECTION 73. ORS 508.485 is amended to read:
508.485. Except for vessel licenses prescribed in ORS 508.285,
508.470, { - 508.755, - } 508.775 to 508.796, 508.801 to
508.825, 508.880, 508.883 and 508.889 to 508.910, the State Fish
and Wildlife Commission may, in its discretion, revoke for the
remainder of the license year any license issued to
Enrolled House Bill 2284 (HB 2284-INTRO) Page 56
{ - such - } { + a + } person under the authority of the
commission or the State Fish and Wildlife Director, and in its
discretion may refuse the issuance of any license issued under
the authority of the commission or director during any period not
to exceed one year from the date of the license revocation order:
(1) Upon conviction within this state of any person of
violation of any of the commercial fishing laws or rules;
(2) Upon receiving notice from the agency that regulates
commercial fishing in the State of Washington of the conviction
of any person in that state of an offense { - which - } { +
that + } was a violation of Columbia River commercial fishing
rules adopted pursuant to the Columbia River Compact and
{ - which - } { + that + } if committed in this state would be
grounds for license revocation pursuant to subsection (1) of this
section;
(3) Upon conviction within this state of any person for
violation of ORS 498.022, or any rule promulgated pursuant
thereto, involving game fish, through the use of a license issued
pursuant to the commercial fishing laws; or
(4) Upon conviction within this state of a person for violation
of ORS 164.043 to 164.065 when the subject of the theft is
commercial fishing crab rings or crab pots, or the crabs taken
therefrom.
{ + NOTE: + } Deletes inappropriate citation and updates word
choice in lead-in; updates syntax in (2).
SECTION 74. ORS 508.490 is amended to read:
508.490. Except for vessel licenses prescribed in ORS 508.260
and vessel permits prescribed in ORS 508.285, 508.470,
{ - 508.755, - } 508.775 to 508.796, 508.801 to 508.825,
508.880, 508.883 and 508.889 to 508.910, the State Fish and
Wildlife Commission may, in its discretion, refuse the issuance
of any license issued under the authority of the commission or
the State Fish and Wildlife Director during any period not to
exceed two years from the date of the license revocation order:
(1) Upon conviction within this state of any person of
violation of any of the commercial fishing laws or rules after
{ - such - } { + the + } person has once been convicted and
penalized under ORS 508.485; or
(2) Upon receiving notice from the agency that regulates
commercial fishing in the State of Washington of the conviction
of any person in that state of an offense { - which - } { +
that + } was a violation of Columbia River commercial fishing
rules adopted pursuant to the Columbia River Compact and
{ - which - } { + that + } if committed in this state would be
grounds for refusal to issue a license pursuant to subsection (1)
of this section.
{ + NOTE: + } Deletes inappropriate citation in lead-in;
updates word choice in (1) and (2).
SECTION 75. ORS 508.801 is amended to read:
508.801. (1) Notwithstanding any other provision of the
commercial fishing laws, it is unlawful for an individual to
operate a vessel in the ocean troll salmon fishery without first
obtaining a vessel permit issued pursuant to ORS { - 508.755
and - } 508.801 to 508.825.
(2) Notwithstanding any other provision of the commercial
fishing laws, it is unlawful for a wholesaler, canner or buyer to
buy or receive salmon taken in the ocean troll fishery from a
vessel for which the permit required by subsection (1) of this
section has not been issued.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 57
(3) The permit required by subsection (1) of this section is in
addition to and not in lieu of the boat license required by ORS
508.260.
{ + NOTE: + } Deletes inappropriate citation in (1).
SECTION 76. ORS 508.828 is amended to read:
508.828. Notwithstanding ORS { - 508.755, - } 508.801 to
508.825, 508.880, 508.883 and 508.889 to 508.910, subject to ORS
508.316, a vessel not having a permit may in an emergency and
with the approval of the State Department of Fish and Wildlife
land salmon by purchase of a single delivery license.
{ + NOTE: + } Deletes inappropriate citation.
SECTION 77. ORS 564.105 is amended to read:
564.105. The Director of Agriculture has the responsibility to
protect and conserve the native plants of this state that are
threatened species or endangered species. In carrying out that
responsibility, the director:
(1) Shall conduct investigations of plant species native to
this state and determine whether any such species is a threatened
species or an endangered species.
(2) By rule, shall establish and publish, and from time to time
may revise, a list of plant species that are threatened species
or endangered species.
(3) By rule, shall establish programs for the protection and
conservation of plant species that are threatened species or
endangered species. As used in this { - section - } { +
subsection + }, ' conservation' means the use of methods and
procedures necessary to bring a species to the point at which the
measures provided under ORS 564.105 to 564.120 are no longer
necessary. { - Such - } { + The + } methods and procedures
include, but are not limited to, activities associated with
scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation and
transplantation.
(4) By rule, shall establish a system of permits for scientific
taking of threatened species and endangered species under
{ - such - } terms and conditions { - as - } { + that + }
the director determines will minimize the impact on the species
taken.
(5) Shall cooperate with the State Fish and Wildlife Commission
in carrying out the provisions of ORS 496.172.
(6) Shall adopt administrative rules to carry out the
provisions of ORS 564.105 to 564.120.
(7) Shall set priorities for establishing programs under this
section after consideration of available funds and the immediacy
and seriousness of the threat to any listed species.
{ + NOTE: + } Corrects internal reference and updates word
choice in (3); modernizes syntax in (4).
SECTION 78. ORS 568.900 is amended to read:
568.900. As used in ORS 568.900 to 568.933:
(1) 'Board' means the State Board of Agriculture.
(2) 'Operator' means any person, including a landowner or land
occupier engaged in any commercial activity relating to the
growing or harvesting of agricultural crops or the production of
agricultural commodities.
(3) 'Water' or 'the waters of the state' has the meaning given
in ORS 468B.005.
(4) 'Water pollution' has the meaning given in ORS 468B.005.
(5) 'Water quality management plan' or 'plan' means a plan
developed under ORS 568.909. { - The plan shall be based upon
scientific information. - }
Enrolled House Bill 2284 (HB 2284-INTRO) Page 58
{ + NOTE: + } Deletes redundant provision from definition in
(5). See ORS 568.909 (2).
SECTION 79. ORS 616.992 is amended to read:
616.992. The { - first - } violation of any provisions of
this chapter { - , - } { + or + } ORS 632.275 to 632.290,
632.450 to 632.490 and 632.900 to 632.985 or of any rule
promulgated pursuant thereto is a Class B misdemeanor { + for a
first offense + }, and a Class A misdemeanor for a second or
subsequent offense.
{ + NOTE: + } Improves syntax.
SECTION 80. ORS 625.220 is amended to read:
625.220. Bread sold or offered for sale in the form of loaves
shall be conspicuously labeled as required by the rules
promulgated by the State Department of Agriculture under the
authority of ORS 625.160. The provisions of this section do not
apply to:
(1) A bakery where unwrapped bread is displayed and can be
inspected by prospective purchasers and where, after purchase,
the loaf of bread is immediately placed in a bag by the bakery
personnel { - ; or - } { + . + }
(2) A bakery { - which - } { + that + } is a wholesale
establishment
{ - which - } { + that + } sells bread to a restaurant in
which the bread is consumed on the premises.
{ + (3) Bread sold at an occasional temporary bake sale held
by a fraternal, religious, social or service organization. + }
{ + NOTE: + } Adjusts formatting in (1); improves syntax in
(2); adds relevant provision removed from ORS 625.270 as (3). See
section 81 (amending ORS 625.270).
SECTION 81. ORS 625.270 is amended to read:
625.270. { - (1) Except as provided in subsection (2) of this
section, no person shall - } { + A person may not + } sell,
offer for sale, hold for sale { - , - } or bake a loaf of bread
in violation of the provisions of ORS 625.010 to 625.270 or
orders thereunder.
{ - (2) The provisions of ORS 625.220 do not apply to bread
sold at an occasional temporary bake sale held by a fraternal,
religious, social or service organization. - }
{ + NOTE: + } Deletes internal reference and provision moved
to ORS 625.220; updates syntax and corrects punctuation. See
section 80 (amending ORS 625.220).
SECTION 82. ORS 646A.316 is amended to read:
646A.316. Unless otherwise agreed:
(1) On a warranty claim, a supplier shall provide reasonable
compensation for the retailer's costs, including but not limited
to:
(a) Diagnostic services;
(b) Repair services;
(c) Repair parts; and
(d) Labor.
(2) For labor on warranty service, a supplier may not pay a
retailer an hourly rate that is less than { + the + } rate that
the retailer charges for nonwarranty service.
(3) For repair parts on warranty service, a supplier may not
pay a retailer less than the amount that the retailer paid for
the parts plus a reasonable allowance for the shipping and
handling of the parts.
(4) A supplier must allow a reasonable time for a retailer to
complete warranty service.
{ + NOTE: + } Supplies missing article in (2).
Enrolled House Bill 2284 (HB 2284-INTRO) Page 59
SECTION 83. { + ORS 657.222 is repealed. + }
{ + NOTE: + } Repeals obsolete provision.
SECTION 84. ORS 671.595 is amended to read:
671.595. (1) As used in this section:
(a) 'Managing employee' means a person who, at the time of an
application for the issuance or renewal of a
{ - landscaping - } { + landscape contracting + } business
license:
(A) Is employed in landscaping work only by the applicant; and
(B) Manages or shares in the management of the applicant, as
defined by the State Landscape Contractors Board by rule.
(b) 'Owner' means a person who at the time of an application
for the issuance or renewal of a { - landscaping - }
{ + landscape contracting + } business license:
(A) Has an ownership interest in the applicant; and
(B) Manages or shares in the management of the applicant, as
defined by the board by rule.
(2) If an applicant for a { - landscaping - } { + landscape
contracting + } business license does not have at least one owner
or managing employee who is licensed as a landscape
{ - contractor - } { + construction professional + } under ORS
671.560, the applicant shall provide the board with proof that an
owner or managing employee has completed required courses
described in subsection (4) of this section and passed an
examination on the subject of those courses.
(3) The board may adopt rules to require a
{ - landscaping - } { + landscape contracting + } business and
any owner or managing employee to provide the board with notice
of any change in the employment or duties of the owner or
managing employee.
(4) The board shall adopt rules establishing required courses
for an owner or managing employee who seeks to qualify the
business for a { - landscaping - } { + landscape
contracting + } business license, but who is not licensed as a
landscape { - contractor - } { + construction
professional + }. The courses required by the board shall be
designed to educate the owner or managing employee regarding
business practices and Oregon laws affecting
{ - landscaping - } { + landscape contracting + } businesses.
The board may not require an owner or managing employee to take a
total of more than 16 hours of instruction.
(5) When adopting rules to carry out subsection (4) of this
section, the board shall consider the availability of courses in
the regions of this state. The board shall encourage course
providers to use the most up-to-date technology to make courses
widely available.
(6) A course provider may submit information regarding course
materials, examinations and instructor qualifications to the
board for approval. The board shall approve courses if the course
materials, examinations and instructors meet board requirements.
The board shall periodically review approved courses to ensure
continuing compliance with board requirements. The board shall
develop and make available a list of providers that offer courses
that will enable an owner or managing employee to comply with the
requirements of subsection (2) of this section.
{ + NOTE: + } Corrects terminology in (1) to (4).
SECTION 85. Section 3, chapter 249, Oregon Laws 2007, is
amended to read:
{ + Sec. 3. + } (1) The State Landscape Contractors Board
shall make an initial list of courses approved under
Enrolled House Bill 2284 (HB 2284-INTRO) Page 60
{ - section 2 of this 2007 Act - } { + ORS 671.595 + }
available to the public on or before March 1, 2008.
(2) { - Section 2 of this 2007 Act - } { + ORS 671.595 + }
applies to
{ - landscaping - } { + landscape contracting + } business
licenses that are initially issued on or after January 1, 2009.
{ + NOTE: + } Corrects terminology in (2).
SECTION 86. Section 4, chapter 249, Oregon Laws 2007, is
amended to read:
{ + Sec. 4. + } If a licensed { - landscaping - } { +
landscape contracting + } business does not have at least one
owner or managing employee, both as defined in { - section 2 of
this 2007 Act - } { + ORS 671.595 + }, who is licensed as a
landscape { - contractor - } { + construction
professional + } under ORS 671.560, and the { - landscaping - }
{ + landscape contracting + } business license was initially
issued by the State Landscape Contractors Board on or after
January 1, 2008, and before January 1, 2009, upon applying to
renew that license the applicant shall provide the board with
proof that an owner or managing employee has completed required
courses described in { - section 2 of this 2007 Act - } { +
ORS 671.595 + } and passed an examination on the subject of those
courses.
{ + NOTE: + } Corrects terminology.
SECTION 87. ORS 671.610 is amended to read:
671.610. (1) In addition to any civil penalty assessed under
ORS 671.997, the State Landscape Contractors Board may suspend,
revoke or refuse to issue or renew the license of a landscape
construction professional or landscape contracting business that
does any of the following:
(a) Obtains or attempts to obtain a license under ORS 671.510
to 671.760 by fraud or material misrepresentation.
(b) Makes a material misrepresentation about the quality of any
material or service the person provides.
(c) Performs defective work.
(d) Furnishes defective materials.
(e) Makes misleading statements when advertising services or
materials.
(f) Violates a provision of ORS 671.510 to 671.760.
(g) Fails to have a replacement bond, letter of credit or
deposit on file at the time of a termination, cancellation,
reduction or withdrawal of the bond, letter of credit or deposit
required by ORS 671.690.
(h) Fails to maintain public liability, personal injury and
property damage insurance as required by ORS 671.565 throughout a
licensing period.
(i) Violates a voluntary compliance agreement entered into
under ORS 646.605 to 646.652.
(j) Performs work for which a permit is required under the
state building code without obtaining the required permit, if the
work results in the filing of a claim with the board.
(k) Violates a rule or order of the board.
(L) Refuses to comply with a subpoena issued by the board.
(m) Fails to pay in full any amount owed to a claimant under a
final order of the board or an arbitration award, or under a
judgment rendered in this or any other state.
(n) Does not make payment, including any interest due, for
labor or materials contracted for by the person pursuant to a
contract for a public improvement within 90 days after the date
Enrolled House Bill 2284 (HB 2284-INTRO) Page 61
the person receives payment from a public contracting agency or,
if the person is a subcontractor, from the contractor.
(o) Engages in conduct as a landscape construction professional
or landscape contracting business that is dishonest or fraudulent
or that the board finds injurious to the welfare of the public.
(p) Fails to comply with the requirements of ORS 652.120.
(q) Is convicted of a crime under ORS 163.115, 163.185,
163.225, 163.235, 163.355, 163.365, 163.375, 163.385, 163.395,
163.405, 163.408, 163.411, 163.415, 163.425, 163.427, 164.055,
164.075, 164.325 or 164.415, provided that the facts supporting
the conviction and all intervening circumstances make the
determination to suspend, revoke or refuse to issue or renew the
license consistent with ORS 670.280.
(2) The board may suspend or refuse to renew the license of a
landscape construction professional or landscape contracting
business without prior hearing if, after investigating and
setting forth in writing the facts supporting the action, the
board determines that continued activity by the landscape
construction professional or landscape contracting business poses
an imminent threat of serious harm to the public welfare. Facts
sufficient to support a suspension or refusal to renew under this
subsection include, but are not limited to:
(a) The lack of a surety bond, letter of credit or deposit
required under ORS 671.690;
(b) The lack of public liability, personal injury or property
damage insurance required under ORS 671.565;
(c) The hiring of employees while licensed as exempt under ORS
671.525;
(d) Conduct as a landscape construction professional or a
landscape contracting business that is dishonest;
(e) Operation of a landscape contracting business that does not
employ at least one licensed landscape construction professional;
or
(f) The failure to notify the board of any unpaid court
judgment, arbitration award or administrative agency final order
as required by ORS 671.563.
(3) A person whose license is suspended or refused renewal
under subsection (2) of this section may request a hearing within
90 days after receiving the notice of the suspension or refusal
to renew. Except as provided in this subsection, the board shall
give a contested case hearing requested under this subsection
priority over other hearings and schedule the hearing for the
earliest practicable date. If a citation is issued to the person
and the order of suspension or refusal to renew will terminate by
its terms if a court renders a final judgment regarding the
citation in favor of the person, the person may request that the
board hold the requested contested case hearing in abeyance until
after the court has rendered a final judgment.
(4) A person whose license is revoked under this section is not
eligible to apply for a license under ORS 671.510 to 671.760
until two years after the effective date of the revocation.
(5) The board may suspend, revoke or refuse to reissue the
license of a landscape contracting business, and may impose a
civil penalty, all as provided under ORS 671.997 (4), if the
board determines, after notice and opportunity for a hearing,
that the landscape contracting business was working with other
landscape contracting businesses on the same task and work site
where one of the landscape contracting businesses is licensed as
an exempt independent contractor under ORS 671.525 (2)(b) and the
Enrolled House Bill 2284 (HB 2284-INTRO) Page 62
total number of landscape contracting businesses working on the
task exceeded:
(a) Two sole proprietors;
(b) One partnership;
(c) One corporation; or
(d) One limited liability company.
{ + (6) The board shall provide by rule a process and
criteria that must be met for restoration of a license that has
not been permanently revoked. + }
{ + NOTE: + } Moves rulemaking provision into appropriate
statute as (6). See section 89 (amending ORS 671.997).
SECTION 88. ORS 671.614 is amended to read:
671.614. (1) The State Landscape Contractors Board may issue an
order placing a landscape contracting business, or any landscape
construction professional that is employed by the landscape
contracting business or is a landscape contracting business owner
or officer as defined in ORS 671.607, on probation if three or
more claims are filed against the landscape contracting
business's bond, letter of credit or deposit within a 12-month
period.
(2) The board may place a landscape contracting business or
landscape construction professional on probation under this
section only if the board determines after investigation of the
complaints that a significant likelihood exists that continued
activity by the landscape contracting business or landscape
construction professional without board supervision will result
in additional claims against the landscape contracting business.
(3) The board may require as a condition of probation imposed
under this section that the landscape construction professional
take a board-approved education course in one or more subjects
relating to landscape operations.
(4) The board may require as a condition of probation imposed
under this section that the owner or officer of the landscape
contracting business take a board-approved education course in
one or more subjects relating to landscape contracting business
or general business practices.
(5) The board may take action to suspend, revoke or refuse to
renew the license of the landscape contracting business or
landscape construction professional if the business or
professional fails to fulfill the { - terms - } { +
conditions + } of the probation.
{ + NOTE: + } Applies consistent terminology in (5).
SECTION 89. ORS 671.997 is amended to read:
671.997. (1) Except as provided in subsection (4) of this
section, a person who violates any provision of ORS 671.510 to
671.760 or a rule adopted pursuant to { - subsection (5) of
this section or - } ORS 670.310, 670.605 or 671.670 shall
forfeit and pay to the State Landscape Contractors Board a civil
penalty in an amount determined by the board of not more than
$2,000 for each offense.
(2) The board shall impose civil penalties under this section
as provided in ORS 183.745.
(3) The provisions of this section are in addition to and not
in lieu of any other penalty or sanction provided by law.
(4) If a landscape contracting business commits an act
described under ORS 671.610 (5), the board shall impose penalties
and sanctions on both the landscape contracting business to which
the contract is awarded and the landscape contracting business
that awards the contract as follows:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 63
(a) A civil penalty of not less than $500 nor more than $1,000
for a first offense;
(b) A civil penalty of not less than $1,000 nor more than
$2,000 for a second offense;
(c) Suspension of license or refusal to reissue license for six
months for a third offense;
(d) Revocation of license for three years for a fourth offense;
and
(e) Permanent revocation of the landscape contracting
business's license for a fifth offense.
{ - (5) The board shall provide by rule a process and
criteria that must be met for restoration of a license that has
not been permanently revoked. - }
{ + NOTE: + } Deletes internal reference in (1); moves
rulemaking provision to appropriate section. See section 87
(amending ORS 671.610).
SECTION 90. ORS 701.046 is amended to read:
701.046. (1) An applicant for a construction contractor license
must submit the application on a form prescribed by the
Construction Contractors Board. The application shall include,
but not be limited to, the following information:
(a) The endorsement being sought.
(b) A list of construction debts involving the applicant, or an
owner or officer of the applicant, if the order, award, penalty
or judgment that establishes the debt was issued within the
preceding five years.
(c) For each person described in paragraphs (h) and (i) of this
subsection, a Social Security number.
(d) Workers' compensation insurance account number, if the
applicant is required to have workers' compensation insurance.
(e) Unemployment insurance account number, if the applicant is
required to have unemployment insurance.
(f) State withholding tax account number, if the applicant is
required to withhold state income tax.
(g) Federal employer identification number, if the applicant is
required to have a federal employer identification number.
(h) The name and address of:
(A) Each partner, if the applicant is a partnership, limited
liability partnership or foreign limited liability partnership.
(B) The general partner, if the applicant is a limited
partnership.
(C) Each joint venturer, if the applicant is a joint venture.
(D) The owner, if the applicant is a sole proprietorship.
(E) The officers, if the applicant is a corporation.
(F) The manager and each member, if the applicant is a
manager-managed limited liability company.
(G) Each member, if the applicant is a member-managed limited
liability company.
(H) The responsible managing individual designated by the
applicant.
(I) Each trustee, if the applicant is a trust.
(i) The name and address of the following if the applicant is a
partnership, limited liability partnership, foreign limited
liability partnership, joint venture, manager-managed limited
liability company or member-managed limited liability company:
(A) Each partner in a partnership, limited liability
partnership or foreign limited liability partnership that is a
partner, joint venturer or member of the applicant.
(B) Each general partner in a limited partnership that is a
partner, joint venturer or member of the applicant.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 64
(C) Each joint venturer in a joint venture that is a partner,
joint venturer or member of the applicant.
(D) The manager and each member of a manager-managed limited
liability company that is a partner, joint venturer or member of
the applicant.
(E) Each member of a member-managed limited liability company
that is a partner, joint venturer or member of the applicant.
(F) Each officer of a corporation that is a partner, joint
venturer or member of the applicant.
(G) The general partner in a limited partnership that is a
partner, joint venturer or member of the applicant.
(H) Each individual who has a controlling ownership interest
in, or management authority over, the applicant and who meets
criteria adopted by the board by rule.
(j) For each person described in paragraphs (h) and (i) of this
subsection, information as required by board rule regarding the
following if related to construction activities:
(A) A final judgment against the person by a court in any state
entered within five years preceding the application date that
requires the person to pay money to another person or to a public
body if the judgment remains unsatisfied on the application date.
(B) A final order against the person by an administrative
agency in any state issued within five years preceding the
application date that requires the person to pay money to another
person or to a public body if the order remains unsatisfied on
the application date.
(C) A court action against the person in any state pending on
the application date that alleges the person owes money to
another person or to a public body.
(D) An action by an administrative agency in any state pending
on the application date that seeks an order that the person pay
money to another person or to a public body.
(E) A conviction for a crime listed in ORS 701.098
{ - (1)(i) - } { + (1)(h) + } entered within five years
preceding the application date.
(F) An indictment for a crime listed in ORS 701.098
{ - (1)(i) - } { + (1)(h) + } filed within five years preceding
the application date.
(k) The basis on which the applicant meets the standards for
independent contractor status under ORS 670.600.
(2) The application described in subsection (1) of this section
must be accompanied by proof satisfactory to the board that the
applicant:
(a) Is in compliance with ORS 701.091.
(b) Has the legal capacity to enter into contracts.
(3) Subsection (2)(a) of this section does not apply to an
applicant for licensing with endorsement solely as a residential
or commercial developer.
(4) An applicant shall conform to the information provided by
the applicant on the application and to the terms of the
application.
{ + NOTE: + } Corrects citations in (1)(j)(E) and (F).
SECTION 91. ORS 701.046, as amended by section 90 of this 2009
Act, is amended to read:
701.046. (1) An applicant for a construction contractor license
must submit the application on a form prescribed by the
Construction Contractors Board. The application shall include,
but not be limited to, the following information:
(a) The endorsement being sought.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 65
(b) A list of construction debts involving the applicant, or an
owner or officer of the applicant, if the order, award, penalty
or judgment that establishes the debt was issued within the
preceding five years.
(c) For each person described in paragraphs (h) and (i) of this
subsection, a Social Security number.
(d) Workers' compensation insurance account number, if the
applicant is required to have workers' compensation insurance.
(e) Unemployment insurance account number, if the applicant is
required to have unemployment insurance.
(f) State withholding tax account number, if the applicant is
required to withhold state income tax.
(g) Federal employer identification number, if the applicant is
required to have a federal employer identification number.
(h) The name and address of:
(A) Each partner, if the applicant is a partnership, limited
liability partnership or foreign limited liability partnership.
(B) The general partner, if the applicant is a limited
partnership.
(C) Each joint venturer, if the applicant is a joint venture.
(D) The owner, if the applicant is a sole proprietorship.
(E) The officers, if the applicant is a corporation.
(F) The manager and each member, if the applicant is a
manager-managed limited liability company.
(G) Each member, if the applicant is a member-managed limited
liability company.
(H) The responsible managing individual designated by the
applicant.
(I) Each trustee, if the applicant is a trust.
(i) The name and address of the following if the applicant is a
partnership, limited liability partnership, foreign limited
liability partnership, joint venture, manager-managed limited
liability company or member-managed limited liability company:
(A) Each partner in a partnership, limited liability
partnership or foreign limited liability partnership that is a
partner, joint venturer or member of the applicant.
(B) Each general partner in a limited partnership that is a
partner, joint venturer or member of the applicant.
(C) Each joint venturer in a joint venture that is a partner,
joint venturer or member of the applicant.
(D) The manager and each member of a manager-managed limited
liability company that is a partner, joint venturer or member of
the applicant.
(E) Each member of a member-managed limited liability company
that is a partner, joint venturer or member of the applicant.
(F) Each officer of a corporation that is a partner, joint
venturer or member of the applicant.
(G) The general partner in a limited partnership that is a
partner, joint venturer or member of the applicant.
(H) Each individual who has a controlling ownership interest
in, or management authority over, the applicant and who meets
criteria adopted by the board by rule.
(j) For each person described in paragraphs (h) and (i) of this
subsection, information as required by board rule regarding the
following if related to construction activities:
(A) A final judgment against the person by a court in any state
entered within five years preceding the application date that
requires the person to pay money to another person or to a public
body if the judgment remains unsatisfied on the application date.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 66
(B) A final order against the person by an administrative
agency in any state issued within five years preceding the
application date that requires the person to pay money to another
person or to a public body if the order remains unsatisfied on
the application date.
(C) A court action against the person in any state pending on
the application date that alleges the person owes money to
another person or to a public body.
(D) An action by an administrative agency in any state pending
on the application date that seeks an order that the person pay
money to another person or to a public body.
(E) A conviction for a crime listed in ORS 701.098
{ - (1)(h) - } { + (1)(i) + } entered within five years
preceding the application date.
(F) An indictment for a crime listed in ORS 701.098
{ - (1)(h) - } { + (1)(i) + } filed within five years preceding
the application date.
(k) The basis on which the applicant meets the standards for
independent contractor status under ORS 670.600.
(2) The application described in subsection (1) of this section
must be accompanied by proof satisfactory to the board that the
applicant:
(a) Is in compliance with ORS 701.091.
(b) Has the legal capacity to enter into contracts.
(3) Subsection (2)(a) of this section does not apply to an
applicant for licensing with endorsement solely as a residential
or commercial developer.
(4) An applicant shall conform to the information provided by
the applicant on the application and to the terms of the
application.
{ + NOTE: + } Updates citations in (1)(j)(E) and (F) to
synchronize with amendments to ORS 701.098 that become operative
7/1/2010. See section 92 and ORS 701.098, as amended by section
63, chapter 836, Oregon Laws 2007.
SECTION 92. { + The amendments to ORS 701.046 by section 91 of
this 2009 Act become operative on July 1, 2010. + }
{ + NOTE: + } Provides appropriate operative date for updated
citations in section 91 (amending ORS 701.046).
SECTION 93. ORS 723.466 is amended to read:
723.466. (1) On the death of a member of a credit union, if the
deposit to the credit of the deceased member is $25,000 or less,
the credit union may, upon receipt of an affidavit from the
person claiming the deposit as provided in subsection (2) of this
section, pay the moneys on deposit:
(a) To the surviving spouse on demand of the surviving spouse
at any time after the death of the member;
(b) If there is no surviving spouse, to the Department of Human
Services, on demand of the department no less than 46 days and no
more than 75 days from the death of the member when there is a
preferred claim arising under ORS 411.708, 411.795 or 414.105;
(c) If there is no surviving spouse and no department claim, to
the member's surviving children 18 years of age or older;
(d) If there is no surviving spouse, department claim or
surviving child 18 years of age or older, to the member's
surviving parents; or
(e) If there is no surviving spouse, department claim,
surviving child 18 years of age or older or surviving parent, to
the member's surviving brothers and sisters 18 years of age or
older.
(2) The affidavit shall:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 67
(a) State where and when the member died;
(b) State that the total deposits of the deceased member in all
financial institutions in this state do not exceed $25,000;
(c) Show the relationship of the affiant to the deceased
member; and
(d) Embody a promise to pay the expenses of last sickness,
funeral expenses and just debts of the deceased member out of the
deposit, to the full extent of the deposit if necessary, in the
order of priority prescribed by ORS 115.125, and to distribute
any remaining moneys to the persons who are entitled to those
moneys by law.
(3) In the event the member died intestate without known heirs,
an estate administrator of the Department of State Lands
appointed under ORS 113.235 shall be the affiant and shall
receive the moneys as escheat property.
(4) The credit union shall determine the relationship of the
affiant to the deceased member. However, payment of the moneys in
good faith to the affiant discharges and releases the transferor
from any liability or responsibility for the transfer in the same
manner and with the same effect as if the property had been
transferred, delivered or paid to a personal representative of
the estate of the deceased member.
(5) A probate proceeding is not necessary to establish the
right of the surviving spouse, Department { + of Human
Services + }, surviving children, surviving parents, surviving
brothers and sisters or an estate administrator of the Department
of State Lands to withdraw the deposits upon the filing of the
affidavit. If a personal representative is appointed in an
estate where a withdrawal of deposits was made under this
section, the person withdrawing the deposits shall account for
them to the personal representative.
(6) When a credit union transfers moneys under subsection (1)
of this section, the transferor may require the transferee to
furnish the transferor with a written indemnity agreement,
indemnifying the transferor against loss for moneys paid to the
extent of the amount of the deposit.
(7) This section is subject to the rights of other parties to
the account under ORS 723.474 to 723.498.
{ + NOTE: + } Clarifies agency referred to in (5).
SECTION 94. ORS 743.405 is amended to read:
743.405. An individual health insurance policy must meet the
following requirements:
(1) The entire money and other considerations therefor shall be
expressed therein.
(2) The time at which the insurance takes effect and terminates
shall be expressed therein.
(3) It shall purport to insure only one person, except that a
policy may insure, originally or by subsequent amendment, upon
the application of an adult member of a family who shall be
deemed the policyholder, any two or more eligible members of that
family, including husband, wife, dependent children or any
children under a specified age { + , + } which shall not exceed
19 years { + , + } and any other person dependent upon the
policyholder.
(4) The policy may not be issued individually to an individual
in a group of persons as described in ORS 743.522 for the purpose
of separating the individual from health insurance benefits
offered or provided in connection with a group health benefit
plan.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 68
(5) Except as provided in ORS 743.498, the style, arrangement
and overall appearance of the policy may not give undue
prominence to any portion of the text, and every printed portion
of the text of the policy and of any indorsements or attached
papers shall be plainly printed in lightfaced type of a style in
general use, the size of which shall be uniform and not less than
10 point with a lower case unspaced alphabet length not less than
120 point. Captions shall be printed in not less than 12-point
type. As used in this subsection, 'text' includes all printed
matter except the name and address of the insurer, name or title
of the policy, the brief description if any, and captions and
subcaptions.
(6) The exceptions and reductions of indemnity must be set
forth in the policy. Except those required by ORS 743.411 to
743.477 { - , - } { + and + } 743A.160 { - and 743A.164 - }
, exceptions and reductions shall be printed at the insurer's
option either included with the applicable benefit provision or
under an appropriate caption such as EXCEPTIONS, or EXCEPTIONS
AND REDUCTIONS. However, if an exception or reduction
specifically applies only to a particular benefit of the policy,
a statement of the exception or reduction must be included with
the applicable benefit provision.
(7) Each form constituting the policy, including riders and
indorsements, must be identified by a form number in the lower
left-hand corner of the first page of the policy.
(8) The policy may not contain provisions purporting to make
any portion of the charter, rules, constitution or bylaws of the
insurer a part of the policy unless such portion is set forth in
full in the policy, except in the case of the incorporation of or
reference to a statement of rates or classification of risks, or
short rate table filed with the Director of the Department of
Consumer and Business Services.
{ + NOTE: + } Corrects punctuation in (3); eliminates
nonsensical citation in (6).
SECTION 95. ORS 743.483 is amended to read:
743.483. The provisions of a health insurance policy
{ - which - } { + that + } are the subject of ORS 743.408 to
743.477 { - , - } { + and + } 743A.160
{ - and 743A.164 - } , or any corresponding provisions
{ - which - } { + that + } are used in lieu thereof in
accordance with the Insurance Code, shall be printed in the
consecutive order of such sections or, at the option of the
insurer, any such provision may appear as a unit in any part of
the policy, with other provisions to which it may be logically
related, provided the resulting policy shall not be in whole or
in part unintelligible, uncertain, ambiguous, abstruse { - , - }
or likely to mislead a person to whom the policy is offered,
delivered or issued.
{ + NOTE: + } Improves word choice; eliminates nonsensical
citation; corrects punctuation.
SECTION 96. ORS 757.822 is amended to read:
757.822. (1) Except as provided in subsection (2) of this
section, the provisions of ORS chapters 35 (other than ORS 35.550
to 35.575), 180, 190, 192 and 244 and ORS 30.260 to 30.460,
200.005 to 200.025, 200.045 to 200.090, 221.450, 236.605 to
236.640, 243.650 to 243.782 (other than ORS 243.696), 297.040,
307.090 and 307.112 apply to Oregon Community Power under the
same terms as they apply to any other subdivision of state
government.
Enrolled House Bill 2284 (HB 2284-INTRO) Page 69
(2) Except as otherwise provided by law, the provisions of ORS
chapters 182, 183, 238, 238A, 240, 270, 273, 276, 279A, 279B,
279C, 283, 286A, 291, 292, 293, 294, 295 and 297 and ORS 35.550
to 35.575, 183.710 to 183.725, 183.745, 183.750, 184.305 to
184.345, 190.430, 190.480, 190.490, 192.105, 200.035,
{ - 236.380, - } 243.105 to 243.585, 243.696, 278.011 to
278.120, 278.315 to 278.415, 279.835 to 279.855, 282.010 to
282.150, 287.006, 287A.472, 288.150 to 288.165, 288.600, 288.815
and 656.017 (2) do not apply to Oregon Community Power.
(3) Oregon Community Power is not a participating public
employer in the Public Employees Retirement System.
(4) Any funds held by or under the control of Oregon Community
Power are not public funds, as defined in ORS 295.001.
{ + NOTE: + } Eliminates reference to repealed statute in
(2).
SECTION 97. ORS 759.385 is amended to read:
759.385. (1) When any telecommunications utility doing business
in this state, except a telecommunications carrier that has
elected to be subject to ORS 759.405 and 759.410, enters into a
contract with another corporation with relation to the
construction, operation, maintenance or use of the property of
the telecommunications utility in Oregon, or the use of the
property of the other contracting party, or any part of the
property, or for service, advice, engineering, financing,
rentals, leasing or for any construction or management charges
with respect to any of the property, or for the purchase of
property, materials or supplies, the proposed contract shall be
filed with the Public Utility Commission for { - the - }
investigation and approval when the telecommunications utility
owns a majority of or controls directly or indirectly the voting
stock of the other contracting corporations.
(2) Any proposed contract described in subsection (1) of this
section shall be filed with the commission within 90 days of
execution of the contract. The contract shall be deemed to be
executed on the date the parties sign a written contract or on
the date the parties begin to transact business under the
contract, whichever date is earlier. The commission shall
promptly investigate and act upon the contract in accordance with
ORS 759.390 (4) and (7).
(3) In making an investigation of the contract, the commission
and accountants, examiners and agents, appointed by the
commission for the purpose, shall be given free access to all
books, books of account, documents, data and records of the
telecommunications utility, as well as of the corporation with
which it is proposing to contract, that the commission may deem
material to the investigation. The failure or refusal of either
of the parties to the proposed contract to comply with this
subsection is prima facie evidence that the contract is unfair,
unreasonable and contrary to public interest, and is sufficient
to justify a determination and finding of the commission to that
effect. A determination and finding by the commission under this
subsection has the same force and effect as any other
determination or order of the commission.
(4) This section applies only to transactions in which the
telecommunications utility's Oregon intrastate expenditure to the
affiliate is more than $100,000.
{ + NOTE: + } Deletes superfluous article in (1).
SECTION 98. ORS 778.005 is amended to read:
778.005. As used in this chapter, unless the context requires
otherwise:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 70
(1) 'Board' means the board of commissioners of the Port of
Portland.
(2) 'Port' means The Port of Portland.
(3) 'Elector' means an elector residing in the port.
(4) 'Portland metropolitan area' means the Oregon portion of a
{ - standard - } metropolitan statistical area as designated
{ - and published - } by the United States { - Bureau of the
Budget - } { + Office of Management and Budget + } with an
Oregon population of more than 750,000.
{ + NOTE: + } Conforms census terminology to current federal
usage, eliminates redundancy and updates title of federal agency
in (4).
SECTION 99. ORS 819.160 is amended to read:
819.160. (1) Except as otherwise provided by this section, a
person shall have a lien on the vehicle and its contents if the
person, at the request of an authority described under ORS
819.140, tows any of the following vehicles:
(a) An abandoned vehicle appraised at a value of more than $500
by a person who holds a certificate issued under ORS 819.480.
(b) A vehicle taken into custody under ORS 819.110 or 819.120,
unless it is an abandoned vehicle appraised at a value of $500 or
less by a person who holds a certificate issued under ORS
819.480.
(c) A vehicle left parked or standing in violation of ORS
811.555 or 811.570.
(2) A lien established under this section shall be on the
vehicle and its contents for the just and reasonable charges for
the towing service performed and any storage provided. However,
if the person who tows the vehicle fails to comply with the
notice requirements of subsection (3) of this section, the amount
of any lien claimed under this { - paragraph shall be - } { +
section is + } limited to an amount equal to the just and
reasonable charges for the towing service performed and storage
provided for a period not exceeding 20 days from the date the
vehicle and its contents were placed in storage. The lien
{ - shall be - } { + is + } subject to the provisions for
liens under ORS 98.812. The person holding the lien may retain
possession of the vehicle and contents until the charges on which
the lien is based are paid. A lien described under this section
does not attach:
(a) To the contents of any vehicle taken from public property
until 15 days after taking the vehicle into custody.
(b) To the contents of any vehicle that is taken into custody
for violation of ORS 811.555 or 811.570.
(3) A person who tows any vehicle at the request of an
authority under ORS 819.110 or 819.120 shall transmit by first
class mail with a certificate of mailing, within 20 days after
the vehicle and its contents are placed in storage, written
notice, approved by the authority, containing information on the
procedures necessary to obtain a hearing under ORS 819.190. The
notice shall be provided to the owner, a person entitled to
possession or any person with an interest recorded on the title
to the vehicle. This subsection does not apply to a person who
tows an abandoned vehicle that is appraised at a value of $500 or
less by a person who holds a certificate issued under ORS
819.480.
{ + NOTE: + } Corrects internal reference and updates syntax
in (2).
SECTION 100. ORS 836.640 is amended to read:
836.640. As used in this section and ORS 836.642:
Enrolled House Bill 2284 (HB 2284-INTRO) Page 71
(1) 'Customary and usual aviation-related activity ' includes
activities described in ORS 836.616 (2) and includes activities
that a local government may authorize pursuant to ORS 836.616
(3).
(2) 'Pilot site' means a rural airport identified to
participate in the pilot program pursuant to ORS 836.642.
(3) 'Rural airport' means an airport described in ORS 836.610
(1) that principally serves a city or { - standard - }
metropolitan statistical area with a population of 75,000 or
fewer.
(4) 'Through the fence operation' means a customary and usual
aviation-related activity that:
(a) Is conducted by a commercial or industrial user of property
within an airport boundary; and
(b) Relies, for business purposes, on the ability to taxi
aircraft directly from the property employed for the commercial
or industrial use to an airport runway.
{ + NOTE: + } Conforms census terminology in (3) to current
federal usage.
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Passed by House February 3, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate February 25, 2009
...........................................................
President of Senate
Enrolled House Bill 2284 (HB 2284-INTRO) Page 72
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2284 (HB 2284-INTRO) Page 73